47 Fall 2024 Proceedings From left, U.S. Air Force Col. Jim Eves, Mr. Anthony Popiel, Angolan Navy VADM Jorge da Silva, and Angolan Navy VADM Noé Rodrigues João Magalhães participate in a maritime assessment closing ceremony in Angola in April 2023, during which Magalhães was appointed to the position of second commander of the Angolan Navy. Coast Guard photo by CDR Amy Sung Adom, strengthening the United States’ ability to part- ner with maritime forces in the Gulf of Guinea, an area where piracy and IUU fishing are a significant concern. Legal Aspects of AMLEP AMLEP operates under various statutory authorities. For the exercise phase, the United States uses 10 U.S.C. § 321, granting the authority to train with foreign militar- ies, to conduct practical applications in certain maritime security scenarios. Additionally, for named operations with maritime security elements, the United States may provide operational support under 10 USC § 331, which grants the authority to support foreign countries in des- ignated operations, including through logistics, supplies, services, equipment, small-scale construction, and spe- cialized training. U.S. forces do not independently take any enforce- ment action under AMLEP during the operations phase. The combined operations take place within the African partner nation’s waters. Accordingly, any enforcement actions that the partner nation wishes to take will be in accordance with their domestic laws and will be processed through their legal system. U.S. forces may assist in terms of providing best practices for evidence collection and preservation, witness questioning, and other means of perfecting a case for judicial enforcement, but the United States does not prosecute or otherwise enforce the partner nation’s laws. While AFRICOM has conducted maritime law enforcement activities with African partners since 2008, a 2017 statutory change limited the Coast Guard’s abil- ity to conduct operations under AMLEP. However, the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 is one endur- ing authority for the Coast Guard. It authorizes the ser- vice to cooperate internationally to address IUU fishing and other practices that harm the U.S. fishing indus- try.4 Additionally, the Maritime Security and Fisheries Enforcement (SAFE) Act of 2019 directs the Coast Guard to support the Department of State in countering IUU fishing and related maritime security threats.5 The Maritime Security and Fisheries Enforcement Act, or Maritime SAFE Act, has designated the Gulf of Guinea as a Tier One region, designated by the inter- agency working group as a priority region, where the U.S. government will focus its efforts to share infor- mation, conduct training, and build APN capacity to enhance maritime security. This act also creates a whole- of-government approach to combatting other maritime crimes, such as trafficking of drugs and arms, forced labor, and transnational organized crime. The Coast Guard is a key agency in supporting the national strat- egy under the Maritime SAFE Act. Recently, the DoD received new statutory author- ity in the National Defense Authorization Act of 2024. This authority allows the secretary of defense to provide
