The Spanish State at sea

The lesson in plain words

1. Visit and hot pursuit
   • A visit is a boarding to check a foreign ship, for example her flag and papers.
   • Hot pursuit is the chase of a ship that broke the law in Spanish waters, and it may continue out to sea.
   • Ley 14/2014, the Maritime Navigation Act, art. 48 sends you to UNCLOS (the UN Convention on the Law of the Sea) and other treaties for the grounds and method.
   • A detained ship may be taken to the nearest Spanish port (Ley 14/2014, art. 49).
2. Contiguous zone
   • The contiguous zone reaches 24 nautical miles (NM).
   • There, Spain can intercept, inspect and detain a foreign ship that the authority knows has broken, is breaking or intends to break customs, tax, health or immigration law in Spanish territory or the territorial sea (Ley 14/2014, arts. 23 and 35).
   • Proportionate measures may include detention and taking her to port.
   • Needless detentions must be compensated (Ley 14/2014, art. 36).
3. Prohibited by size and power
   • Real Decreto-ley 16/2018 is a decree-law made by the government.
   • For smuggling law, it treats two kinds of inflatable or semi-rigid boat as prohibited goods: boats over 8 m long, and boats up to 8 m with engines totalling 150 kW or more.
   • Length is overall hull length, including the tubes.
   • This covers building, repair, holding, trading and navigating them in interior waters, the territorial sea or the contiguous zone.
4. Prohibited by indications
   • Other inflatable or semi-rigid boats, other craft and any small ship (buque de porte menor, under 150 net tons) are prohibited goods when rational indications show they will be used for smuggling (Real Decreto-ley 16/2018, art. único 1.b).
   • Unless the contrary is shown, that intent is presumed for: registration failures; significant changes, such as more power or extra range tanks, not authorised by the Dirección General de la Marina Mercante; false bottoms or hidden spaces; tampering with visual, acoustic or positioning systems.
5. More indications
   • Real Decreto-ley 16/2018, art. único 1.b lists three more.
   • Letter v: sailing without the required lights or on an erratic course, while ignoring identified State vessels, especially an order to stop.
   • Letter vi: a clear mismatch between the declared route or activity and the nautical equipment, crew or passengers on board.
   • Letter vii: gear that hinders detection, such as anti-radar paint or camouflage mimicking State markings.
6. Exemptions
   • Boats of the armed and security forces, Vigilancia Aduanera, foreign States legally in Spanish waters and public bodies are exempt, as are tenders serving a larger ship.
   • Other uses need the operator and boat entered first in the Tax Agency's special registry, plus a use authorisation (RD 807/2021).
   • These uses are rescue, lakes, rivers or waters outside Spanish maritime spaces, business, sport, research, training, and private recreation that meets the technical rules (Real Decreto-ley 16/2018).

Key data

Key points

• Ley 14/2014, art. 48 points to UNCLOS and treaties for visit and hot pursuit; it adds no new grounds.
• In the contiguous zone, Spain acts on customs, tax, health or immigration breaches it knows of.
• Over 8 m, or up to 8 m with 150 kW or more: prohibited goods, even with no cargo aboard.
• Below that test, rational indications of smuggling can still make a vessel prohibited goods.
• Listed indications are a presumption that can be rebutted, not proof.

Check what you have read

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Practice case & exam keys

Exam keys

1. 1Visit and pursuit: Ley 14/2014, arts. 48–49, by reference to UNCLOS and treaties.
2. 2Contiguous zone: Ley 14/2014, arts. 23 and 35; compensation in art. 36.
3. 3Inflatable and semi-rigid boats: Real Decreto-ley 16/2018 and RD 807/2021; RD 1119/1989 repealed.