OFFICIAL USE ONLY 10. A second and probably perferable course of action would be for the Commission to issue the attached regulation as a basis for the Coast Guard taking enforcement measures. As the regulation, if issued and violated, carries criminal sanctions under section 223 of our Act, the Coast Guard, acting pursuant to the Act of August 4, 1949, as amended, 14 U.S.C. section 89, could arrest the vessel's crew on the high seas. The aforementioned provision authorizes the Coast Guard to 'nake * # * arrests upon the high seas * * * for the prevention, detection, and suppression of violations of laws of the United States," Implementing this authority, Coast Guard personnel "may at any time go on board of any vessel subject to the jurisdiction, or to the operation of any law, of the United States" for purposes of inquiry and inspection. An arrest may be made when "it appears that a breach of the laws of the United States rendering a person liable to arrest is being or has been committed", If such a procedure were followed, the vessel's crew, subsequent to the arrest, could be returned to the jurisdiction of an appropriate Federal district court. This alternative method of proceeding was favored by the Legal Counsel's Office of the Department of Justice in view of the possible delay that might be encountered in obtaining court action, and in view of the limitations that might be encountered in enforcing a court order which found the crew of the "Golden Rule" in contempt of an injunction. If the "Golden Rule" sailed from Honolulu in disregard of an injunction, application would have to be made for a court order finding the crew in contempt. This requirement would probably permit the ship to reach the high seas before the contempt order issued, and the latters enforcement under such circumstances might not be legally possible, ~4- YEICIAIL USis OPILY

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