UNCLASSIFIED//
ROUTINE
R 041827Z AUG 21 MID200001035713U
FM CNO WASHINGTON DC
TO NAVADMIN
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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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