The defendants’ vessel was interdicted by the Colombian Navy approximately 20 nautical miles off the coast of Colombia. Cocaine was found on board. The defendants faced alleged violations of the Maritime Drug Law Enforcement Act (MDLEA). The defendants moved to dismiss on the grounds that their vessel was stopped within Colombia’s exclusive economic zone (EEZ), and therefore the alleged conduct did not occur 'on the high seas' as required by the MDLEA.

Held: Motion denied.

Article 86 of United Nations Convention on the Law of the Sea 1982 (UNCLOS) defines the 'high seas' as 'all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State'. However, in the context of MDLEA prosecutions, it is well recognised that the high seas begin outside a country’s 12 nautical mile territorial waters, not outside the country’s EEZ. Therefore, the defendants were arrested on the high seas, not in Colombia’s territorial waters, and they can be prosecuted under the MDLEA.