constructive presence

constructive presence

Doctrine of constructive presence allows a coastal State to exercise jurisdiction over a foreign flag vessel that remains seaward of coastal State waters but acts in concert with another vessel (contact vessel) or aircraft that violates coastal State laws in waters over which the coastal State may exercise jurisdiction. In order to exercise jurisdiction over a "mothership" located seaward of coastal State waters, the contact vessel must be physically present in coastal State waters or be subject to coastal State jurisdiction under the doctrine of hot pursuit. Once pursuit of the mothership has legitimately commenced, it may proceed until it ceases to be continuous or until the mothership enters foreign territorial waters. Cases potentially involving the doctrine of constructive presence can be complex and should be quickly referred to higher authority.

Dictionary of Military and Associated Terms. US Department of Defense 2005.