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).// BT #0001 NNNN UNCLASSIFIED//