SOVEREIGN IMMUNITY POLICY:

UNCLASSIFIED// 
ROUTINE 
R 041827Z AUG 21 MID200001035713U 
FM CNO WASHINGTON DC 
TO NAVADMIN 
BT 
UNCLAS 
 
NAVADMIN 165/21 
 
MSGID/GENADMIN/CNO WASHINGTON DC/N3/N5/AUG// 
 
SUBJ/SOVEREIGN IMMUNITY POLICY// 
 
REF/A/MSG/CNO/071719ZJUL16// 
REF/B/DOC/UN/10DEC82// 
REF/C/DOC/NWC/AUG17// 
REF/D/MSG/STATE/152102ZOCT85// 
REF/E/MSG/STATE/172317ZMAR17// 
REF/F/DOC/SECNAV/14SEP90// 
REF/G/DOC/OSD/28MAY14// 
REF/H/DOC/BUMED/8MAR13// 
REF/I/MSG/CNO/141910ZNOV05// 
REF/J/MSG/MSC/272143ZMAY03// 
REF/K/MSG/MSC/081825ZAUG06// 
REF/L/MSG/MSC/201250ZNOV09// 
REF/M/DOC/GPO/8APR14// 
REF/N/DOC/DOD/28DEC09// 
REF/O/DOC/DOD/23DEC20// 
REF/P/DOC/DOD/23APR18// 
REF/Q/DOC/SECNAV/14JUN16// 
REF/R/DOC/OPNAV/20SEP19// 
REF/S/DOC/OPNAV/10NOV08// 

NARR/REF A IS THE SOVEREIGN IMMUNITY POLICY. 
REF B IS THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA. 
REF C IS THE COMMANDERS HANDBOOK ON THE LAW OF NAVAL OPERATIONS. 
REF D IS THE STATE DEPT CABLE ON THE STATUS OF MILITARY SEALIFT COMMAND (MSC) 
VESSELS. 
REF E IS SECRETARY OF STATE MESSAGE 106799, U.S. GOVERNMENT POLICY ON 
AVIATION-RELATED FEES. 
REF F IS U.S. NAVY REGULATIONS. 
REF G IS THE OSD MEMO PROMULGATING THE DOD-DOS-DHS STANDARD OPERATING 
PROCEDURES 
FOR COORDINATING FOREIGN MILITARY SHIP VISITS TO U.S. PORTS. 
REF H IS BUMEDINST 6210.4, SHIP SANITATION CERTIFICATE PROGRAM. 
REF I IS ADDITIONAL CNO GUIDANCE ON SOVEREIGN IMMUNITY AND CREW LISTS. 
REF J IS THE MSC SOVEREIGN IMMUNITY POLICY FOR TIME-CHARTERED VESSELS. 
REF K IS SOVEREIGN IMMUNITY GUIDANCE FOR MSC MASTERS. 
REF L IS MSC SUPPLEMENTAL SOVEREIGN IMMUNITY GUIDANCE. 
REF M IS THE AMENDED 22 CFR SECTION 41.3. 
REF N IS DODD 4500.54, DOD FOREIGN CLEARANCE PROGRAM. 
REF O IS THE FOREIGN CLEARANCE GUIDE. 
REF P IS DODI 5100.64, CHANGE 1, DOD FOREIGN TAX RELIEF PROGRAM. 
REF Q IS SECNAVINST 5030.8C, GENERAL GUIDANCE FOR THE CLASSIFICATION OF NAVAL 
VESSELS AND BATTLE FORCE SHIP COUNTING PROCEDURES. 
REF R IS THE OPNAV-M 5090.1, ENVIRONMENTAL READINESS PROGRAM MANUAL. 
REF S IS THE OPNAVINST C3128.3U, PORT VISITS BY U.S. NAVY SHIPS TO FOREIGN 
COUNTRIES.// 
POC/A. S. HOYT/LCDR/OPNAV N3N5L/LOC:  2000 NAVY PENTAGON/ 
TEL:  703-692-9379/NIPR:  ALISON.S.HOYT3 (AT) NAVY.MIL/ 
SIPR:  ALISON.S.HOYT2 (AT) NAVY.SMIL.MIL.// 
 
RMKS/1.  This NAVADMIN restates U.S. Navy sovereign immunity 
policy and cancels reference (a).  The policies reflected in 
this document are based on longstanding principles of international 
law.  Accommodation of demands by foreign States that undermine 
these policies not only erodes protections in that particular 
situation, but also risks establishing precedent that may 
have long-term and wide-ranging negative effects.  Therefore, 
Geographic Naval Component Commanders (GNCC), commanders, 
commanding officers, officers-in-charge, aircraft commanders, 
and masters shall adhere to the policies outlined in this message. 
 
2.  Under customary international law, and consistent 
with references (b) through (e), all manned and unmanned 
vessels and aircraft owned or operated by a State, and 
used, for the time being, only for government non-commercial 
service are entitled to sovereign immunity.  Accordingly, 
such vessels and aircraft, wherever located, are immune 
from arrest, search, and inspection by foreign authorities, 
including inspections by or under the supervision of a 
competent authority of areas, baggage, containers, conveyances, 
facilities, goods or postal parcels, and relevant data and 
documentation thereof for most purposes.  Moreover, such 
vessels and aircraft are exempt from certain foreign taxes, 
duties, or fees, as well as foreign regulations that require 
flying the flag of a foreign State or a compulsory pilotage 
requirement.  Customary international law further grants to 
commanding officers, officers-in-charge, aircraft commanders, 
and masters the right to protect the identity of personnel, 
stores, weapons, and other property aboard a sovereign immune 
vessel or aircraft, as well as exclusive control over any 
person aboard a sovereign immune vessel or aircraft 
concerning acts performed aboard. 
 
3.  Although immune from arrest by foreign authorities, 
U.S. Navy warships (which includes combatant craft), aircraft, 
and sovereign immune auxiliary vessels shall comply with host 
country requirements regarding traffic control, health, 
customs, and immigration, to the extent such requirements 
do not contravene U.S. Navy sovereign immunity policy.  In 
many instances, this message and its references dictate how 
the U.S. Navy complies with such requirements, such as through 
use of health certificates discussed in paragraphs 5.d., 6.e. 
and 7.a.4.  Noncompliance with any such requirement may be 
subject to diplomatic complaint or host country orders to 
leave its internal waters, territorial sea, or national airspace, 
but does not change the requirements of this policy.  Because 
adherence to this policy may result in a countrys refusal or 
expulsion of an aircraft or vessel, commanders must work with 
their legal counsel and embassy teams early to understand port 
and airfield requirements including international agreements 
or other arrangements which may apply. 
 
4.  Assertion of sovereign immunity is a privilege of the 
U.S. Government.  Thus, waiver is not within the discretion 
of a commanding officer, officer-in-charge, aircraft commander, 
or master.  GNCCs are delegated authority to interpret 
sovereign immunity policy consistent with overarching U.S. 
Government policies and shall be notified by lower echelons 
via the chain-of-command regarding any challenges to 
asserting sovereign immunity that are unable to be resolved 
in favor of the policies set forth in this message.  GNCCs 
are vested as the Navys in-theater leads for implementation 
of the navys sovereign immunity policy within their 
respective area of responsibilities.  Where a GNCC is able 
to execute this policy without conflict with this message, 
no waiver is required.  However, except as provided herein, 
any action that may constitute a waiver or potential waiver 
of sovereign immunity must be coordinated with N3/N5 prior 
to action being taken on the matter. 
 
5.  Warships, Including Combatant Craft.  It is U.S. Government 
policy to assert full sovereign immunity for all U.S. Navy 
manned and unmanned warships, including combatant craft as 
the term is defined in reference (q), enclosure (3).  In addition 
to the general privileges and obligations discussed in 
paragraphs 2 and 3 of this message, which apply in full, 
the following guidance also applies: 
    a.  Searches, Inspections, and Requests for Information. 
Per reference (f), paragraphs 0801, 0828, 0859, and 0860, 
commanding officers and officers-in-charge shall not permit a 
warship under their command to be searched or inspected on any 
pretense whatsoever by foreign authorities or organizations, 
nor permit any person within the confines of their warship 
to be removed by foreign authorities.  Commanding officers 
and officers-in-charge shall not provide vessel documents 
or other vessel-specific information (excluding a vessels 
public characteristics for purposes of appropriate pilotage 
or berthing) to foreign authorities and organizations 
without the approval of the cognizant GNCC after consultation 
with N3/N5. 
    b.  Taxes and Fees.  A foreign tax is defined in reference 
(p) as All direct or indirect foreign customs duties, import and 
export taxes, excises, fees and other charges imposed at the 
national, local, or intermediate level of a foreign country 
other than charges for services requested and received, regardless 
of how a charge is denominated in foreign law or regulation. 
        (1)  Unless there is an international agreement to the 
contrary, commanding officers, and officers-in-charge shall refuse 
to pay any tax or revenue-generating fee imposed on a U.S. Navy 
warship by a foreign sovereign.  These taxes, including port taxes, 
port tariffs, port tolls, port security surcharges, port dockage 
fees, and other similar taxes or fees, are impermissible.  Commanding 
officers and officers-in-charge may pay reasonable charges for 
goods and services requested and received, less taxes and similar 
charges.  If requested to pay impermissible taxes or fees, 
commanding officers and officers-in-charge should request an 
itemized list of all charges, pay reasonable charges for goods a 
nd services requested and received, and explain that under 
customary international law, sovereign immune vessels are 
exempt from foreign taxes and fees. 
        (2)  If port authorities directly insist on payment of 
an impermissible tax or fee, commanding officers and officers-in-charge 
should seek assistance from the respective GNCC and U.S. Embassy via 
the chain-of-command.  Whether the U.S. Navy will directly pay such 
an impermissible tax or fee is a matter of overarching U.S. Government 
policy.  This decision may be based on other concerns such as 
operational needs, contracting principles, and potential fiscal 
liability.  If a GNCC determines that risk to mission clearly 
necessitates the port visit, the fees may be paid and a refund 
should be sought from the foreign sovereign.  Per reference (p), 
appropriate tax relief is defined to include a refund, to be 
coordinated via the chain-of-command to the designated military 
commander for the country levying the subject tax or fee. 
        (3) If such taxes or fees are levied indirectly 
through a Husbanding Service Provider (HSP) as part of a foreign 
fixed price contract, such tax or fee may be paid as part of the 
contract price. 
    c.Crew Lists 
        (1) Commanding officers and officers-in-charge shall 
not provide a list of crew members (military and/or nonmilitary) 
or passengers aboard a warship to foreign officials under any 
circumstances.  In response to requests for a crew list, the 
host nation should be informed that the United States exempts 
foreign sovereign immune vessels visiting the United States 
from the requirement to provide crew lists in accordance 
with (IAW) the same sovereign immunity principles claimed 
by United States sovereign immune vessels.  For additional 
guidance in situations in which a host country maintains a 
demand for provision of a list of crew members as a condition 
of entry into a port or to satisfy local immigration 
officials upon arrival, see reference (i) and notify 
the GNCC. 
        (2) Sovereign immune vessels are generally immune 
from complying with visa or other entry requirements, which 
includes immunity from the requirement to provide a crew 
list.  Although personnel, absent a superseding international 
agreement, become subject to the laws and regulations of a 
host country upon disembarkation, the request for a list of 
personnel raises force protection concerns and is inconsistent 
with long-standing, worldwide Naval port visit practices and 
protocols.  Accordingly, commanding officers and officers-in-charge 
are not authorized to provide such lists, or variations of 
such lists, without approval from the GNCC  who shall look to 
use alternative means as outlined in reference (i) to avoid 
providing such information. 
    d.Quarantine and Health Information Requirements 
        (1)  Under references (f) and (h), commanding officers 
and officers-in-charge shall comply with all domestic or foreign 
State quarantine regulations for the port within which the 
warship is located that do not contravene this sovereign 
immunity policy.  Per references (f) and (h), in response 
to a request by foreign authorities for health information 
required by foreign State quarantine regulations, commanding 
officers and officers-in-charge may deliver a U.S. Navy 
Declaration of Health (NAVMED 6210/3) completed IAW 
reference (h).  As detailed in this form, as an 
exhibit, if requested, commanding officers and officers-in-charge 
may provide additional information to the host nation 
regarding precautionary measures taken onboard due to a 
U.S. declared ongoing pandemic or other similar concern 
regarding the spread of diseases, without providing any 
specific individual medical data, after coordination 
with the GNCC.  This might include sharing mask restrictions, 
sanitation protocols, and regular testing regimes. 
However, delivery of NAVMED 6210/3 and its exhibit, is the 
only authorized form for meeting the requirements by 
authorized foreign officials as set forth in reference (f). 
Commanding officers and officers-in-charge are not authorized 
to provide any other supplementary or locally demanded health 
forms, even if the supplementary or locally demanded forms 
appear to disclose similar information, nor are they authorized 
to grant foreign authorities access to individual health 
records.  Per reference (h), in response to a request by 
foreign authorities for access to sanitation conditions onboard, 
commanding officers and officers-in-charge may deliver a U.S. 
Navy Ship Sanitation Control Certificate (NAVMED 6210/1) and/or 
a U.S. Navy Ship Sanitation Control Certificate 30-Day 
Extension (NAVMED 6210/2). 
       (2)  The above measures satisfy, per reference (h), 
commanding officers and officers-in-charge, or their representatives, 
ability, but not requirement, to certify to foreign authorities 
actions consistent with foreign State quarantine regulations 
(i.e., provide a general description of measures taken to 
comply insofar as permitted by military security restrictions). 
However, commanding officers and officers-in-charge shall 
not permit a warship under their command to be searched on 
any pretense whatsoever by foreign authorities and organizations. 
    e.  Flying Foreign State Flags.  While sovereign immune 
vessels are exempt from foreign regulations that require 
flying a foreign State flag, U.S. Navy sovereign immune 
vessels may fly foreign State flags to render honors IAW 
reference (f).  Regional practices to display marks of respect 
for host nations vary and commanding officers and officers-in-charge 
shall consult with the operational chain-of-command, theater- and 
fleet-specific guidance, and local embassies for further guidance 
if the issue is raised by host nation officials. 
    f.  Environmental Mishaps in Foreign Waters.  If, after 
an oil or hazardous substance spill in foreign territorial 
or internal waters, a commanding officer or officer-in-charge 
determines foreign authorities need additional information 
to properly respond to the spill and prevent serious 
environmental damage, the commanding officer or officer-in-charge 
may release information similar to that releasable to U.S. 
authorities, under reference (k), and IAW reference (r).  Before 
releasing spill-related information to foreign authorities, the 
commanding officer or officer-in-charge shall consult the GNCC 
and, if release is deemed appropriate, inform the foreign 
authorities that the ship or vessel is a sovereign immune vessel 
of the United States and that spill-related information is 
being voluntarily provided to help minimize environmental damage. 
    g.  Compulsory Pilotage.  Article 0856 of reference (f) authorizes 
commanding officers to employ pilots when, in the commanding officers 
judgement, such employment is prudent.  Inherent in such discretion 
is the authority to refuse use of a pilot  or to disregard such 
pilots advice regarding the safe navigation of a warship. 
Accordingly, U.S. vessels may, but are not required to, employ 
pilots as prudent.  Except as provided in article 0856 of reference 
(f), commanding officers may, but are not required to, allow pilots 
onboard.  If a nation deems pilot employment as a condition for 
entering port or transiting their waters, contrary to reference (s), 
commanding officers shall inform foreign authorities that the ship 
or vessel is a sovereign immune vessel of the United States and 
that pilotage services are being accepted voluntarily and not 
as a condition of entry. 
 
6.  U.S. Navy Aircraft and Other State Aircraft.  Consistent 
with reference (o) and reinforced by agreements with host 
nations, it is U.S. Government policy to assert full sovereign 
immunity for all manned and unmanned U.S. Navy aircraft and 
other State aircraft.  Full sovereign immunity may not be reflected 
in the Foreign Clearance Guide, reference (o), and so it remains 
the duty of all aircraft commanders to know and protect this U.S. 
interest as outlined in this message.  In addition to the general 
privileges and obligations discussed in paragraphs 2 and 3 of this 
message, which apply in full, the following guidance applies: 
    a.  Searches, Inspections, and Requests for Information. 
Per references (f), (n), and (o), aircraft commanders shall 
not permit an aircraft under their command to be searched or 
inspected on any pretense whatsoever by foreign authorities 
or organizations, nor permit any of the personnel within the 
confines of their aircraft to be removed by foreign authorities. 
Aircraft commanders shall not provide aircraft documents or 
other aircraft-specific information, including passenger lists, 
to foreign authorities or organizations without the approval of 
the applicable GNCC via the chain-of-command. 
    b.Taxes and Fees.  A foreign tax is defined in reference 
(p) as All direct or indirect foreign customs duties, import 
and export taxes, excises, fees and other charges imposed at 
the national, local, or intermediate level of a foreign country 
other than charges for services requested and received, regardless 
of how a charge is denominated in foreign law or regulation. 
        (1) Unless there is an international agreement to the contrary, 
per references (e), (n) and (o), aircraft commanders shall refuse to 
pay navigation fees, overflight fees, and other similar fees or taxes 
for transit through the national airspace of a foreign State or 
Flight Information Regions in international airspace.  Additionally, 
aircraft commanders shall refuse to pay any revenue-generating tax 
or fee imposed on a State aircraft by a foreign sovereign, including 
landing fees, parking fees, and other similar use fees or taxes at 
foreign State-operated airports. 
        (2) Per reference (o), aircraft commanders may pay reasonable 
charges for goods and services requested and received, less taxes 
and similar charges. 
        (3) If requested to pay impermissible fees or taxes, aircraft 
commanders should request an itemized list of all charges, pay reasonable 
charges for goods and services requested and received, and explain 
that under customary international law, sovereign immune aircraft 
are exempt from foreign fees and taxes. 
        (4) If port authorities directly insist on payment of 
an impermissible tax or fee, aircraft commanders should seek 
assistance from the respective GNCC and U.S. Embassy via the 
chain-of-command.  Whether the U.S. Navy will directly or indirectly 
pay such an impermissible tax or fee is a matter of overarching 
U.S. Government policy.  This decision may be based on other 
concerns such as operational needs, contracting principles, and 
potential fiscal liability.  If a GNCC determines that risk to 
mission clearly necessitates the visit, the fees may be paid 
and a refund should be sought from the foreign sovereign.  Per 
reference (p), appropriate tax relief is defined to include a 
refund, to be coordinated via the chain-of-command to the designated 
military commander for the country levying the subject tax or fee. 
   c.In some cases, Military Basing Agreements may memorialize 
that the U.S. has agreed to reimburse a host nation for costs 
associated with joint-use air bases located in the host nation. 
As further provided in paragraph 9, this NAVADMIN does not abrogate 
or modify any existing Military Basing Agreement or other applicable 
international agreement. 
   d.  Crew Lists 
        (1) Aircraft commanders shall not provide a list of crew 
members (military and/or nonmilitary) or passengers aboard a State 
aircraft to foreign parties as a condition of landing at a foreign 
airport or to satisfy local immigration officials upon arrival 
when there is no intention for crew members or passengers to enter 
the country, such as for refueling and cargo transfer stops. 
For additional guidance in situations in which a host country 
demands provision of a list of crew members as a condition of 
landing or to satisfy local immigration officials upon arrival, 
see reference (i). 
        (2) Sovereign immune aircraft are generally immune from 
complying with visa or other entry requirements.  In instances 
where a host nation requests a visiting aircraft to provide a 
list of personnel as a condition of their disembarkation from 
a sovereign immune aircraft, consult reference (i) for additional 
guidance.  Although personnel, absent a superseding international 
agreement, become subject to the laws and regulations of a host 
country upon disembarkation for the purposes of entry into the 
country, the request for a list of personnel raises force 
protection concerns and is inconsistent with long-standing, 
worldwide Naval landing practices and protocols. 
        (3) Per reference (e), the privilege of sovereign immunity 
does not extend to individuals once they disembark a sovereign 
immune aircraft for the purposes of entry into the host country. 
If leaving the airfield and/or remaining overnight, crew and 
passengers will comply with host nation immigration regulations 
IAW the Status of Forces Agreement and/or Foreign Clearance 
guide to include requirements for official passports and entry 
visas. 
    e.Quarantine and Health Information Requirements 
        (1)  Under references (f), and (h), aircraft commanders 
shall comply with all domestic or foreign State quarantine 
regulations for the area within which the aircraft is located 
that do not contravene this sovereign immunity policy.  Per 
reference (h), aircraft commanders, or their representatives, 
may certify to foreign authorities compliance with foreign 
State quarantine regulations (i.e., provide a general description 
of measures taken to comply).  However, aircraft commanders 
shall not permit an aircraft under their command to be 
searched on any pretense whatsoever by foreign authorities. 
        (2)  Per reference (f), in response to a request by 
foreign authorities for health information required by foreign 
State quarantine regulations, aircraft commanders shall provide 
all information required by authorized foreign officials, 
consistent with force protection concerns.  If requested, 
aircraft commanders may provide additional information to the 
host nation regarding precautionary measures taken onboard due 
to an ongoing pandemic, without providing any specific individual 
medical data.  Aircraft commanders shall not grant foreign 
authorities access to individual health records. 
 
7.  Naval Auxiliary Vessels.  It is U.S. Navy policy to assert 
sovereign immunity as described below for the following manned 
and unmanned U.S. Naval Ships (USNS), Military Sealift Command 
(MSC) vessels, and other U.S. Government-owned and chartered 
vessels.  Of note, references (j), (k) and (l) are likely to 
be updated in light of this message.  All parties should use 
the latest version of the MSC references.  In the event that 
there is apparent conflict with this policy, this policy 
controls; higher level guidance should be sought. 
    a.  USNS, U.S. Government-Owned Vessels, and U.S.-Flagged 
Time- and Bareboat-Chartered Vessels.  Per references (c), 
(d) and (j), it is U.S. Navy policy to assert full sovereign 
immunity for all USNS, U.S. Government-owned vessels or 
those under bareboat-charter to the U.S. Government, 
commercially-owned U.S.-flagged vessels under charter to 
the U.S. Government for a period of time (time-chartered vessels), 
and the U.S. Maritime Administrations National Defense Reserve 
Fleet and its Ready Reserve Force, when activated and assigned 
to the Department of Defense.  In addition to the general 
privileges and obligations discussed in paragraphs 2 and 3, 
which apply in full, the following guidance applies for 
naval auxiliaries asserting full sovereign immunity: 
        (1)  Searches, Inspections, and Requests for Information. 
Masters shall not permit a ship or vessel under their command to be 
searched or inspected on any pretense whatsoever by foreign 
authorities or organizations, nor permit any of the personnel 
within the confines of their ship or vessel to be removed by 
foreign authorities.  Additionally, masters shall refuse 
requests by foreign authorities to interview personnel aboard 
or to provide any physical evidence.  Masters shall not provide 
vessel documents or other vessel-specific information, including 
a list of crew members (military and/or nonmilitary), riding 
gang members, or passengers, to foreign authorities or organizations 
without the approval of the applicable GNCC via the chain-of-command 
and consultation with N3/N5. 
        (2)  Taxes and Fees.  A foreign tax is defined in reference (p) 
as All direct or indirect foreign customs duties, import and export 
taxes, excises, fees and other charges imposed at the national, local, 
or intermediate level of a foreign country other than charges for 
services requested and received, regardless of how a charge is denominated 
in foreign law or regulation. 
             (a)  Unless there is an international agreement to the 
contrary, masters shall refuse to pay any tax or revenue-generating 
fee imposed on a USNS, U.S. Government-Owned Vessels, U.S.-Flagged 
Time- or Bareboat-Chartered Vessels by a foreign sovereign.  These 
taxes, including port taxes, port tariffs, port tolls, port security 
surcharges, port dockage fees, and other similar taxes or fees, are 
impermissible.  Masters may pay reasonable charges for goods and 
services requested and received, less taxes and similar charges. 
If requested to pay impermissible taxes or fees, masters should 
request an itemized list of all charges, pay reasonable charges 
for goods and services requested and received, and explain that 
under customary international law, sovereign immune vessels are 
exempt from foreign taxes and fees. 
             (b)  If port authorities directly insist on payment of 
an impermissible tax or fee, masters should seek assistance from the 
respective GNCC and U.S. Embassy via the chain-of-command.  Whether 
the U.S. Navy will directly pay such an impermissible tax or fee is 
a matter of overarching U.S. Government policy.  This decision may 
be based on other concerns such as operational needs, contracting 
principles, and potential fiscal liability.  If a GNCC determines 
that risk to mission clearly necessitates the port visit, the fees 
may be paid and a refund should be sought from the foreign sovereign. 
Per reference (p), appropriate tax relief is defined to include a 
refund, to be coordinated via the chain-of-command to the designated 
military commander for the country levying the subject tax or fee. 
            (c) If such taxes or fees are levied indirectly through 
a Husbanding Service Provider (HSP) as part of a foreign fixed price 
contract, such tax or fee may be paid as part of the contract price. 
       (3)  Crew Lists 
            (a)  Except as articulated in reference (k), masters shall not 
provide a list of crew members (military and/or nonmilitary), riding 
gang members, or passengers aboard a ship or vessel as a condition 
of entry into a port or to satisfy local immigration officials upon 
arrival.  For additional guidance in situations in which a host 
country demands provision of a list of crew members as a condition 
of entry into a port or to satisfy local immigration officials 
upon arrival, see reference (k). 
            (b)  At the masters discretion on non-warships, a 
shore party list may be provided to the host nation before a port 
visit for those individuals onboard who intend to go ashore for 
liberty.  This shore party list may contain only the names and 
passport numbers of those personnel.  Other information, such 
as health record, job description, or employer shall not be 
provided.  Masters shall comply with applicable U.S. host 
nation agreements, such as Status of Forces Agreements, 
that specify particular procedures for port visits to 
that country. 
       (4)  Quarantine and Health Information Requirements 
            (a)  Under references (f) and (h), masters 
shall comply with all domestic or foreign State quarantine 
regulations for the port within which the warship is located 
that do not contravene this sovereign immunity policy.  Per 
references (f) and (h), in response to a request by foreign 
authorities for health information required by foreign State 
quarantine regulations, masters may deliver a U.S. Navy Declaration 
of Health (NAVMED 6210/3) completed IAW reference (h).  As 
detailed in this form, as an exhibit, if requested, masters 
may provide additional information to the host nation regarding 
precautionary measures taken onboard due to a U.S. declared 
ongoing pandemic or other similar concern regarding the 
spread of diseases, without providing any specific individual 
medical data, after coordination with the GNCC.  This 
might include sharing mask restrictions, sanitation 
protocols, and regular testing regimes.  However, delivery 
of NAVMED 6210/3 and its exhibit, is the only authorized 
form for meeting the requirements by authorized foreign 
officials as set forth in reference (f).  Masters are not 
authorized to provide any other supplementary or locally 
demanded health forms, even if the supplementary or locally 
demanded forms appear to disclose similar information, nor are 
they authorized to grant foreign authorities access to individual 
health records.  Per reference (h), in response to a request by 
foreign authorities for access to sanitation conditions onboard, 
Masters may deliver a U.S. Navy Ship Sanitation Control 
Certificate (NAVMED 6210/1) and/or a U.S. Navy Ship Sanitation 
Control Certificate 30-Day Extension (NAVMED 6210/2). 
            (b)  The above measures satisfy, per reference (h), 
masters, or their representatives, ability, but not requirement, 
to certify to foreign authorities actions consistent with foreign 
State quarantine regulations (i.e., provide a general description 
of measures taken to comply insofar as permitted by military 
security requirements).  However, masters shall not permit a 
ship under their authority to be searched on any pretense 
whatsoever by foreign authorities and organizations. 
       (5)  Environmental Mishaps in Foreign Waters.  If, after 
an oil or hazardous substance spill in foreign territorial or 
internal waters, a Master determines foreign authorities need 
additional information to properly respond to the spill and 
prevent serious environmental damage, the Master may release 
information similar to that releasable to U.S. authorities 
under reference (k), and IAW reference (r).  Before releasing 
spill-related information to foreign authorities, the Master 
shall consult the GNCC, via the established chain of command, 
and, if release is deemed appropriate, inform the foreign 
authorities that the ship or vessel is a sovereign immune vessel 
of the United States and that spill-related information is being 
voluntarily provided to help minimize environmental damage. 
       (6)  Flying Foreign State Flags.  While naval auxiliaries 
asserting full sovereign immunity are exempt from foreign regulations 
that require flying a foreign State flag, such vessels may fly foreign 
State flags to render honors IAW reference (f).  Regional practices 
to display marks of respect for host nations vary and masters shall 
consult with the operational chain-of-command, theater- and fleet-specific 
guidance, and local embassies for further guidance if the issue is raised 
by host nation officials. 
       (7)  Compulsory Pilotage.  Consistent with 
guidance provided for commanding officers under Article 
0856 of reference (f), masters may employ pilots when, in 
the masters judgement, such employment is prudent.  Inherent in 
such discretion is the authority to refuse use of a pilot  or 
to disregard such pilots advice regarding the safe navigation 
of a vessel.  Accordingly, U.S. vessels may, but are not 
required to, employ pilots as prudent.  Except in such circumstances 
as described in article 0856 of reference (f), masters may, but 
are not required to, allow pilots onboard.  If a nation deems 
pilot employment as a condition for entering port or transiting 
their waters, contrary to reference (s), masters shall inform 
foreign authorities that the ship or vessel is a sovereign 
immune vessel of the United States and that pilotage services 
are being voluntarily accepted and not as a condition of entry. 
    a.  U.S.-Flagged Voyage Chartered Vessels.  Although U.S.-flagged 
voyage chartered vessels are entitled to assert full privileges of 
sovereign immunity when under the direction of the United States 
and used exclusively in Government non-commercial service, the 
United States continues as a matter of policy to claim only 
limited immunity from arrest and taxation for such vessels 
per reference (d). 
        (1)  Based on commercial practices, the U.S. Navy may choose 
not to assert any privileges of sovereign immunity for such vessels, 
but it always reserves the right to assert full or limited sovereign 
immunity on a case-by-case basis, as determined by the respective 
GNCC via MSC Headquarters or MSC Area Commander.  Masters shall be 
informed of the U.S. Navys intention to assert full or limited 
sovereign immunity. 
        (2)  When full sovereign immunity is asserted, masters 
shall comply with the guidance in paragraph 7.a.  When limited 
sovereign immunity is asserted, Masters shall refuse attempts to 
arrest or impose foreign taxes on the vessel and shall seek assistance 
from the respective GNCC and U.S. Embassy, in coordination with MSC 
Headquarters or MSC Area Commander, if foreign authorities attempt 
to arrest or impose foreign search or inspect U.S. military cargo. 
See reference (k) for additional guidance. 
        (3)  When limited or no sovereign immunity is asserted, 
U.S.-flagged voyage chartered vessels may provide a list of crew 
members as a condition of entry into a port or to satisfy local 
immigration officials upon arrival.  U.S.-flagged voyage chartered 
vessels generally follow the same procedures as commercial vessels 
when information is requested by foreign authorities, including 
environmental response information after an oil spill.  Foreign 
authorities may search these vessels, but masters shall request 
these authorities to refrain from inspecting or searching U.S. 
military cargo onboard.  masters should seek assistance from the 
respective GNCC and U.S. Embassy, via MSC Headquarters or MSC 
Area Commander, if foreign authorities attempt to search or 
inspect U.S. military cargo. 
    b.  Foreign State-Flagged Chartered Vessels.  The U.S. Navy does 
not claim sovereign immunity for foreign State-flagged chartered 
vessels.  These vessels are in the same position as commercial 
vessels when interacting with foreign authorities except that 
U.S. Government cargo on such vessels should receive special 
consideration, protection, and treatment.  Foreign authorities may 
search these vessels, but masters shall request these authorities 
refrain from inspecting or searching U.S. military cargo onboard 
their vessel.  Masters should seek assistance from the respective 
GNCC and U.S. Embassy, via MSC Headquarters or MSC Area Commander, 
if foreign authorities attempt to search or inspect U.S. military cargo. 
 
8.  Foreign Military Vessels and Aircraft Visiting U.S. 
Ports and Airports.  Consistent with customary international 
law, reference (m), and the well-established principle of 
international comity, it is U.S. Government policy to extend 
to all foreign warships, state aircraft, and auxiliary vessels 
visiting the United States the same sovereign immunity privileges 
described in paragraphs 2 through 7.  It is incumbent on Navy 
commanders to ensure U.S. Federal, state, and local civil 
authorities understand the principles of sovereign immunity 
and respect these principles at all times.  To this end, Navy 
commanders shall comply with the procedures set forth in 
reference (g) when coordinating visits to the United States 
by foreign warships, state aircraft, and auxiliary vessels. 
Additionally, Navy commanders should seek to develop relationships 
with local U.S. authorities and provide them with planning and 
liaison assistance, as needed, before, during, and after visits 
by foreign sovereign immune vessels and aircraft.  Doing so will 
ensure visits by foreign sovereign immune vessels and aircraft 
are conducted IAW international law and with the same courtesy 
and efficiency expected by the U.S. Navy when visiting foreign 
ports and airports. 
 
9.  Effect of Existing Agreements.  This policy does not 
abrogate or modify existing international agreements, such 
as Status of Forces Agreements, Defense Cooperation Agreements, 
or treaties, such as the Treaty Concerning the Permanent 
Neutrality and Operation of the Panama Canal.  If such an 
international agreement exists between the United States and 
a host country, GNCCs, commanding officers, officers-in-charge, 
aircraft commanders, and masters shall, in consultation with 
their judge advocate or general counsel, comply with the 
provisions of such agreement. 
 
10.  Released by VADM P. G. Sawyer, Deputy Chief of 
Naval Operations for Operations, Plans and Strategy (N3/N5).// 
 
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