What is a required element for prosecution under the MDLEA?

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The correct element for prosecution under the Maritime Drug Law Enforcement Act (MDLEA) is that any person on board a US vessel can be subject to enforcement actions. The MDLEA specifically addresses drug trafficking offenses that occur on vessels documented under the laws of the United States or vessels that are in the exclusive economic zone of the United States. This means that the law applies broadly to anyone found on such vessels, which establishes jurisdiction for the United States over drug-related offenses.

Prosecution does not necessarily require the presence of specific authorities like the Coast Guard, nor does it pertain to activities such as the manufacture of food products, which are unrelated to drug trafficking. Additionally, while boarding a US vessel is a significant action under certain circumstances, it is not a standalone requirement for prosecution. The focus remains on the activities and individuals present aboard the vessel concerning violations under the MDLEA.

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