[Title 32 CFR 761]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter Vi - DEPARTMENT OF THE NAVY]
[Subchapter F - ISLANDS UNDER NAVY JURISDICTION]
[Part 761 - NAVAL DEFENSIVE SEA AREAS; NAVAL AIRSPACE RESERVATIONS, AREAS UNDER NAVY ADMINISTRATION, AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE52002-07-012002-07-01falseNAVAL DEFENSIVE SEA AREAS; NAVAL AIRSPACE RESERVATIONS, AREAS UNDER NAVY ADMINISTRATION, AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS761PART 761NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE NAVYISLANDS UNDER NAVY JURISDICTION
PART 761--NAVAL DEFENSIVE SEA AREAS; NAVAL AIRSPACE RESERVATIONS, AREAS UNDER NAVY ADMINISTRATION, AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS--Table of Contents
Subpart A--Introduction
Sec.
761.1 Scope.
761.2 Background and general policy.
761.3 Authority.
761.4 Special provisions.
761.5 Definitions.
Subpart B--Criteria and Basic Controls
761.6 Criteria.
761.7 Basic controls.
Subpart C--Entry Authorization
761.8 General.
761.9 Entry Control Commanders.
761.10 Persons: Group authorizations.
761.11 Persons: Individual authorizations.
761.12 Ships: Group authorizations.
761.13 Ships: Individual authorizations.
761.14 Aircraft: Group authorizations.
761.15 Aircraft: Individual authorizations.
761.16 Notice of action.
761.17 Revocation.
761.18 Appeals.
761.19 Forms.
Subpart D--Additional Instructions
761.20 Additional regulations governing persons and vessels in Naval
Defensive Sea Areas.
Authority: 5 U.S.C. 301, 10 U.S.C. 5031, 6011, 18 U.S.C. 2152. The
text of part 761 contains additional references, including Executive
Orders.
Source: 28 FR 13778, Dec. 18, 1963, unless otherwise noted.
Subpart A--Introduction
Sec. 761.1 Scope.
(a) This part provides regulations governing the entry of persons,
ships, and aircraft into:
(1) Naval Defensive Sea Areas and Naval Airspace Reservations
established by Executive order of the President (see Sec. 761.3(a)).
(2) Areas placed under the Secretary of the Navy for administrative
purposes by Executive order of the President (see Sec. 761.3(b)).
(3) The Trust Territory of the Pacific Islands (see Sec. 761.3(c)).
(b) The entry authorizations issued under the authority of this part
do not supersede or eliminate the need for visas or other clearances or
permits required by other law or regulation.
[28 FR 13778, Dec. 18, 1963, as amended at 35 FR 10008, June 18, 1970]
Sec. 761.2 Background and general policy.
(a) Certain areas, due to their strategic nature or for purposes of
defense, have been subjected to restrictions regarding the free entry of
persons, ships, and aircraft. Free entry into the areas listed and
defined in this part, and military installations contiguous to or within
the boundaries of defense areas, is subject to control as provided for
by Executive order or other regulation. The object of controls over
entry into naval defensive sea areas, naval airspace reservations,
administrative areas, and the Trust Territory of the Pacific Islands, is
to provide for the protection of military installations as well as other
facilities, including the personnel, property, and equipment assigned to
or located therein. Persons,
[[Page 453]]
ships, and aircraft are excluded unless and until they qualify for
admission under the applicable Executive order or regulation.
(b) The control of entry into or movement within defense areas by
persons, ships, or aircraft will be exercised so as to fully protect the
physical security of, and insure the full effectiveness of, bases,
stations, facilities and other installations within or contiguous to
defense areas. However, unnecessary interference with the free movement
of persons, ships, and aircraft is to be avoided.
(c) This part will be administered so as to provide for the prompt
processing of all applications and to insure uniformity of
interpretation and application, insofar as changing conditions permit.
(d) In cases of doubt, the determination will be made in favor of
the course of action which will best serve the interests of the United
States and national defense as distinguished from the private interests
of an individual or group.
[28 FR 13778, Dec. 18, 1963, as amended at 35 FR 10008, June 18, 1970]
Sec. 761.3 Authority.
(a) Naval Defensive Sea Areas and Naval Airspace Reservations. By
Executive orders, as amended, the President has reserved, set aside, and
established the following Naval Defensive Sea Areas and Naval Airspace
Reservations under the control of the Secretary of the Navy.
Incorporated therein are provisions for the exercise of control by the
Secretary over the entry of persons, ships, and aircraft into the areas
so described. (See Sec. 761.4(b) for delineation of areas where entry
controls are suspended.)
(1) Atlantic areas. Guantanamo Bay Naval Defensive Sea Area;
Guantanamo Bay Naval Airspace Reservation: Executive Order 8749 of May
1, 1941 (6 FR 2252; 3 CFR, 1943 Cum. Supp., p. 931).
(2) Pacific areas. (i) Honolulu Defensive Sea Area: Executive Order
8987 of December 20, 1941 (6 FR 6675; 3 CFR, 1943 Cum. Supp., p. 1048).
(ii) Kaneohe Bay Naval Defensive Sea Area; Kaneohe Bay Naval
Airspace Reservation: Executive Order 8681 of February 14, 1941 (6 FR
1014; 3 CFR, 1943 Cum. Supp., p. 893).
(iii) Pearl Harbor Defensive Sea Area: Executive Order 8143 of May
26, 1939 (4 FR 2179; 3 CFR, 1943 Cum. Supp., p. 504).
(iv) Johnston Island Naval Defensive Sea Area; Johnston Island Naval
Airspace Reservation: Executive Order 8682 of February 14, 1941 (6 FR
1015; 3 CFR, 1943 Cum. Supp., p. 894) as amended by Executive Order 8729
of April 2, 1941 (6 FR 1791; 3 CFR, 1943 Cum. Supp., p. 919) and
Executive Order 9881 of August 4, 1947 (12 FR 5325; 3 CFR, 1943-1948
Comp., p. 662).
(v) Kingman Reef Naval Defensive Sea Area; Kingman Reef Naval
Airspace Reservation: Executive Order 8682 of February 14, 1941 (6 FR
1015; 3 CFR, 1943 Cum. Supp., p. 894) as amended by Executive Order 8729
of April 2, 1941 (6 FR 1791; 3 CFR, 1943 Cum. Supp., p. 919) and
Executive Order 9881 of August 4, 1947 (12 FR 5325; 3 CFR, 1943-1948
Comp., p. 662).
(vi) Midway Island Naval Defensive Sea Area; Midway Island Naval
Airspace Reservation: Executive Order 8682 of February 14, 1941 (6 FR
1015; 3 CFR, 1943 Cum. Supp., p. 894) as amended by Executive Order 8729
of April 2, 1941 (6 FR 1791; 3 CFR, 1943 Cum. Supp., p. 919) and
Executive Order 9881 of August 4, 1947 (12 FR 5325; 3 CFR, 1943-1948
Comp., p. 662).
(vii) Wake Island Naval Defensive Sea Area; Wake Island Naval
Airspace Reservation: Executive Order 8682 of February 14, 1941 (6 FR
1015; 3 CFR, 1943 Cum. Supp., p. 894) as amended by Executive Order 8729
of April 2, 1941 (6 FR 1791; 3 CFR, 1943 Cum. Supp., p. 919) and
Executive Order 9881 of August 4, 1917 (12 FR 5325; 3 CFR, 1943-1948
Comp., p. 662).
(viii) Kiska Island Naval Defensive Sea Area; Kiska Island Naval
Airspace Reservation: Executive Order 8680 of February 14, 1941 (6 FR
1014; 3 CFR 1943 Cum. Supp., p. 892) as amended by Executive Order 8729
of April 2, 1941 (6 FR 1791; 3 CFR, 1943 Cum. Supp., p. 919).
(ix) Kodiak Naval Defensive Sea Area: Executive Order 8717 of March
22, 1941 (6 FR 1621; 3 CFR, 1943 Cum. Supp., p. 915). Kodiak Naval
Airspace Reservation: Executive Order 8597 of November 18, 1940 (5 FR
4559; 3 CFR, 1943 Cum.
[[Page 454]]
Supp., p. 837) as amended by Executive Order 9720 of May 8, 1946 (11 FR
5105; 3 CFR, 1943-1948 Comp., p. 527).
(x) Unalaska Island Naval Defensive Sea Area, Unalaska Island Naval
Air-space Reservation: Executive Order 8680 of February 14, 1941 (6 FR
1014; 3 CFR, 1943 Cum. Supp., p. 892) as amended by Executive Order 8729
of April 2, 1941 (6 FR 1791; 3 CFR, 1943 Cum. Supp., p. 919). See
Sec. 761.4(d) for delineation of areas where entry controls are
suspended.
(b) Administrative areas. By Executive orders, as amended, the
President has reserved, set aside, and placed under the control and
jurisdiction of the Secretary of the Navy for administrative purposes
the following named areas including their appurtenant reefs and
territorial waters:
(1) Johnston Island--Executive Order 6935 of December 29, 1934 as
amended by Executive Order 11048 of September 4, 1962 (27 FR 8851; 3
CFR, 1962 Supp., p. 241).
(2) Kingman Reef--Executive Order 6935 of December 29, 1934 as
amended by Executive Order 11048 of September 4, 1962 (27 FR 8851; 3
CFR, 1962 Supp., p. 241).
(3) Midway Island--Executive Order 11048 of September 4, 1962 (27 FR
8851; 3 CFR, 1962 Supp., p. 241).
(4) Sand Island--Executive Order 6935 of December 29, 1934 as
amended by Executive Order 11048 of September 4, 1962 (27 FR 8851; 3
CFR, 1962 Supp., p. 241).
(c) Trust Territory of the Pacific Islands. The Trust Territory of
the Pacific Islands is a strategic area administered by the United
States under the provisions of a trusteeship agreement with the United
Nations. Under Executive Order 11021 of May 7, 1962 (27 FR 4409; 3 CFR,
1959-1963 Comp., p. 600), the Secretary of the Interior is charged with
responsibility for administration of the civil government of the Trust
Territory of the Pacific Islands. Under July 1, 1963 amendment two
agreements effective July 1, 1951 and July 1, 1962 between the
Department of the Navy and the Department of the Interior concerning
responsibility for administration of the Government of the Trust
Territory, the entry of individuals, ships and aircraft into the Trust
Territory (other than areas under the control of the Department of the
Army (Kwajalein Atoll) and of the Defense Nuclear Agency (Eniwetok
Atoll) see Sec. 761.4) is controlled by the High Commissioner of the
Trust Territory and the Department of the Navy as follows:
(1) Entry of U.S. citizens and nationals and citizens of the Trust
Territory, into areas of the Trust Territory other than those areas
under control of the Department of the Army and the Defense Nuclear
Agency as outlined above, shall be controlled by the High Commissioner.
(2) All other persons: Applications for entry into the Trust
Territory except for those areas under control of the Department of the
Army or of the Defense Nuclear Agency, of all persons who are not U.S.
citizens, U.S. nationals, or who are not citizens of the Trust
Territory, shall be made to the High Commissioner for processing in
accordance with the laws and regulations of the Trust Territory:
Provided, That prior to the issuance of an authorization to enter the
Trust Territory, the High Commissioner shall provide the Department of
the Navy in all cases (with the exception of alien individuals who
possess a valid U.S. visa and seek admission to the Trust Territory for
a period of 30 days or less for the purpose of tourism) information on
the applicants for its consideration and comment, granting thereby the
Department of the Navy the right to object to the issuance of an
authorization.
(3) Ships and aircraft: (i) The entry of ships and aircraft, other
than U.S. public ships and aircraft, documented under either the laws of
the United States or the laws of the Trust Territory into areas of the
Trust Territory, excepting those areas where entry is controlled by the
Department of the Army (Kwajalein Atoll) and the Defense Nuclear Agency
(Eniwetok Atoll), shall be controlled solely by the High Commissioner.
(ii) Applications for entry into the Trust Territory, except for
those areas under military control, of ships and aircraft not documented
under the laws of the United States or the laws of the Trust Territory,
shall be made to the High Commissioner for processing in accordance with
the laws and regulations of the Trust Territory: Provided,
[[Page 455]]
That prior to the issuance of an authorization to enter the Trust
Territory, the High Commissioner shall provide the Department of the
Navy in all cases with information on the applicants for its
consideration and comment, granting thereby the right of the Department
of the Navy to object to the issuance of an authorization.
(d) [Reserved]
(e) Exercise of authority. The authority of the Secretary of the
Navy to control entry of ships, planes, and persons into the areas
listed is exercised through the Chief of Naval Operations and certain of
his subordinates as prescribed in this part.
(f) Penalties. Penalties are provided by law: (1) For violations of
orders or regulations governing persons or ships within the limits of
defensive sea areas (62 Stat. 799; 18 U.S.C. 2152); (2) for entering
military, naval or Coast Guard property for prohibited purposes or after
removal or exclusion therefrom by proper authority (62 Stat. 765; 18
U.S.C. 1382); (3) for violation of regulations imposed for the
protection or security of military or naval aircraft, airports, air
facilities, vessels, harbors, ports, piers, waterfront facilities,
bases, forts, posts, laboratories, stations, vehicles, equipment,
explosives, or other property or places subject to the jurisdiction,
administration, or in the custody of the Department of Defense, any
department or agency of which said department or agency consists, or any
officer of employee of said department or agency (sec. 21 of the
Internal Security Act of 1950 (50 U.S.C. 797) and Department of Defense
Directive 5200.8 of 20 August 1954 (19 FR 5446)); and (4) for knowingly
and willfully making a false or misleading statement or representation
in any matter within the jurisdiction of any department or agency of the
United States (18 U.S.C. 1001).
[28 FR 13778, Dec. 18, 1963, as amended at 35 FR 10008, June 18, 1970;
36 FR 21889, Nov. 17, 1971; 41 FR 28957, July 14, 1976]
Sec. 761.4 Special provisions.
(a) Entry into islands in the Kwajalein Atoll under military
jurisdiction is controlled by the Department of the Army. Inquiries
concerning entries into islands under military control in the Kwajalein
Atoll should be directed to: National Range Commander, U.S. Army
Safeguard System Command, ATTN: SSC-R, P.O. Box 1500, Huntsville, AL
35807.
(b) Entry into Eniwetok Atoll is controlled by the Defense Nuclear
Agency. Inquiries concerning entries into Eniwetok Atoll should be
directed to: Commander, Field Command, Defense Nuclear Agency, Kirtland
Air Force Base, NM 87115.
(c) Entry into Johnston Atoll is controlled by the Defense Nuclear
Agency. Inquiries concerning entries into Johnston Atoll should be
directed to: Commander, Johnston Atoll (FCDNA), APO San Francisco, CA
96305.
(d) Suspension of restrictions. Restrictions imposed under the
authority of the above cited Executive Orders on entry into the
following Naval Defensive Sea Areas and Naval Airspace Reservations and
Administrative Areas have been suspended subject to reinstatement
without notice at any time when the purposes of national defense may
require.
(1) All Naval Airspace Reservations, except the Guantanamo Bay Naval
Airspace Reservation
(2) Honolulu Defensive Sea Area.
(3) Kiska Island Naval Defensive Sea Area.
(4) Kodiak Island Naval Defensive Sea Area.
(5) Unalaska Island Naval Defensive Sea Area.
(6) Wake Island Naval Defensive Sea Area except for entry of foreign
flag ships and foreign nationals.
(7) The portion of Kaneohe Defensive Sea Area lying beyond a 500
yard buffer zone around the perimeter of the Kaneohe Marine Corps Air
Station (Mokapu Peninsula) and eastward therefrom to Kapoho Point, Oahu.
(e) Suspension of restrictions on entry into a naval airspace
reservation, naval defensive sea area, or naval administrative area,
does not affect the authority of a commanding officer or other
appropriate commander to control entry into or passage through any base,
station, or other installation or area, including port or harbor
facilities under Navy control.
[41 FR 28957, July 14, 1976]
[[Page 456]]
Sec. 761.5 Definitions.
(a) Defense area. A naval defensive sea area, naval airspace
reservation, or naval administrative area established by Executive order
of the President.
(b) Department of Defense. The Department of Defense, including the
Departments of the Army, Navy, and Air Force.
(c) Entry authorization. A document which authorizes a ship,
aircraft, or person to enter a defense area.
(d) Entry Control Commander. A commander empowered to issue entry
authorizations for one or more defense areas (see Sec. 761.9).
(e) Excluded person. A person who does not hold a currently valid
entry authorization for the area concerned and who has been notified by
an Entry Control Commander that authority for him to enter any defense
area has been denied, suspended or revoked.
(f) Foreign nationals. Persons who are not citizens or nationals of
the United States.
(g) Military installation. A military (Army, Navy, Air Force, Marine
Corps, and/or Coast Guard) activity ashore, having a commanding officer,
and located in an area having fixed boundaries, within which all persons
are subject to military control and to the immediate authority of a
commanding officer.
(h) Public vessel or aircraft. A ship or aircraft owned by or
belonging to a government and not engaged in commercial activity.
(i) Territorial sea--(1) Trust Territory. In accordance with title
19, section 101(3), of the Trust Territory Code ``* * * that part of the
sea comprehended within the envelope of all arcs of circles having a
radius of three marine miles drawn from all points of the barrier reef,
fringing reef, or other reef system of the Trust Territory, measured
from the low water line, or, in the absence of such reef system, the
distance to be measured from the low water line of any island, islet,
atoll, reef, or rocks within the jurisdiction of the Trust Territory.''
(2) Other areas. That part of the sea included within the envelope
of all arcs of circles having a radius of three marine miles with
centers on the low water line of the coast. For the purpose of this
definition, the term ``coast'' includes the coasts of islands, islets,
rocks, atolls, reefs and other areas of land permanently above the high
water mark.
(j) Trust Territory Registry. Registration of a ship or aircraft in
accordance with the laws of the Trust Territory.
(k) U.S. Registry. Registration of a ship or aircraft in accordance
with the laws and regulations of the United States.
(l) U.S. Armed Forces. Military personnel of the Department of
Defense, the Departments of the Army, Navy, Air Force, and the United
States Coast Guard.
[28 FR 13778, Dec. 18, 1963, as amended at 35 FR 10009, June 18, 1970;
41 FR 28958, July 14, 1976]
Subpart B--Criteria and Basic Controls
Sec. 761.6 Criteria.
(a) General. (1) Entry authorizations may be issued only after an
Entry Control Commander, or a duly authorized subordinate acting in his
behalf, has determined that the presence of the person, ship, or
aircraft will not, under existing or reasonably foreseeable future
conditions, endanger, place an undue burden upon, or otherwise
jeopardize the efficiency, capability, or effectiveness of any military
installation located within or contiguous to a defense area. Factors to
be considered shall include, but not be limited to, the true purpose of
the entry, the personal history, character and present or past
associates of the individuals involved, the possible burdens or threats
to the defense facilities which the presence of the ship, aircraft or
the individual or individuals involved impose or might reasonably be
expected to impose on the related base complex.
(2) Requests for entry authorizations will be evaluated and adjudged
as to whether the entry at the time and for the purpose stated will or
will not be inimical to the purposes of national defense.
(b) Adverse. Substantial evidence of any of the following shall
preclude the granting of entry authorization except with the specific
approval of the Chief of Naval Operations in each case:
[[Page 457]]
(1) Prior noncompliance with entry control regulations or failure to
observe terms under which any entry authorization may have been granted;
\1\
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\1\ The criteria so marked are applicable only to those applications
concerning entry into areas under military cognizance.
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(2) Willfully furnishing false, incomplete, or misleading
information in an application for an entry authorization;\1\
(3) Advocacy of the overthrow or alteration of the Government of the
United States by unconstitutional means;
(4) Commission of, or attempt or preparation to commit, an act of
espionage, sabotage, sedition, or treason, or conspiring with or aiding
or abetting another to commit such an act;
(5) Performing, or attempting to perform, duties, or otherwise
acting so as to serve the interest of another government to the
detriment of the United States;
(6) Deliberate unauthorized disclosure of classified defense
information;
(7) Knowing membership with the specific intent of furthering the
aims of, or adherence to and active participation in, any foreign or
domestic organization, association, movement, group, or combination of
persons (hereinafter referred to as organizations) which unlawfully
advocates or practices the commission of acts of force or violence to
prevent others from exercising their rights under the Constitution or
laws of the United States or of any State, or which seeks to overthrow
the Government of the United States or any State or subdivision thereof
by unlawful means;
(8) Serious mental irresponsibility evidenced by having been
adjudged insane, or mentally irresponsible, or an incompetent, or a
chronic alcoholic, or treated for serious mental or neurological
disorders or for chronic alcoholism, without evidence of cure; \1\
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\1\ The criteria so marked are applicable only to those applications
concerning entry into areas under military cognizance.
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(9) Conviction of any of the following offenses under circumstances
indicative of a criminal tendency potentially dangerous to the security
of a strategic area containing military establishments; arson, unlawful
trafficking in drugs, murder, kidnaping, blackmail, or sex offenses
involving minors or perversion.
(10) Chronic alcoholism or addiction to the use of narcotic drugs
without adequate evidence of rehabilitation; \1\
(11) Illegal presence in the United States, its territories or
possessions, having been finally subject to deportation order, or
voluntary departure in lieu of deportation order, by the United States
Immigration and Naturalization Service; \1\
(12) Being the subject of proceedings for deportation or voluntary
departure in lieu of deportation for any reasons which have not been
determined in the applicant's favor; \1\
(13) Conviction of larceny of property of the United States, willful
injury to or destruction of property of the United States, fraudulent
enlistment, impersonation of a commissioned officer of the United States
or any state or territory thereof, or any offense involving moral
turpitude, except offenses, which, in the jurisdiction within which the
conviction was obtained, are punishable by imprisonment for not more
than one year or a fine of not more than one thousand dollars. \1\
(c) Aliens. (1) Entry of aliens for employment or residence in an
area entirely within the borders of a defense area is not authorized
except when such entry would serve the interests of National Defense,
and then only for specified periods and under prescribed conditions.
(2) Entry of aliens for any purpose into areas over which the United
States exercises sovereignty is further subject to requirements imposed
by law for the obtaining of a United States visa. Naval authorization
for entry into areas covered by this part will not be issued to foreign
nationals for purposes, places, or periods of time in excess of those
stipulated in the visa.
(3) Alien spouses and bona fide dependents of U.S. citizen employees
of the United States may, if otherwise qualified, be granted entry
authorization so long as the U.S. citizen sponsor or principal remains
on duty or resident within the defense area.
(d) Renewals. Entry authorizations having been granted and utilized
may be extended or renewed upon request at
[[Page 458]]
the expiration of the period for which the entry was originally
authorized or extended, provided the justification for remaining in the
area or for making a reentry meets the criteria set forth in this part.
It shall be the responsibility of every applicant to depart the defense
area for which entry was authorized upon expiration of the time
prescribed in the authorization, unless such authorization has been
extended or renewed. Failure to comply herewith will be considered as
evidence of violation of this part and may result in denial of future
authorizations.
[28 FR 13778, Dec. 18, 1963, as amended at 36 FR 21890, Nov. 17, 1971;
41 FR 28958, July 14, 1976]
Sec. 761.7 Basic controls.
(a) General. Except for such persons, ship, or aircraft as are
issued an authorization to enter by an Entry Control Commander:
(1) No person, except persons aboard public vessels or aircraft of
the United States, shall enter any defense area.
(2) No vessel or other craft, except public vessels of the United
States shall enter any naval defensive sea area or other defense area.
(3) No aircraft, except public aircraft of the United States, shall
be navigated within any naval airspace reservation of the airspace over
other defense areas.
(b) Excluded persons--(1) Entry prohibited. Excluded persons, as
defined in Sec. 761.5(e), are prohibited from entering any defense area.
In a bona fide emergency which requires an excluded person's presence in
or transit through a military installation which is also a defense area,
the commanding officer of the installation may grant permission to enter
or transit subject to such restrictions as may be imposed by regulation
or which may, in his discretion, be required.
(2) Carrying prohibited. Except in a bona fide emergency and after
being authorized by the appropriate local authority, no vessel or
aircraft, except public vessels and aircraft of the United States, shall
enter into or be navigated within any defense area while carrying any
excluded person, as defined in this part, as passenger, officer or crew
member.
(c) Control of violators. No commanding officer of a military
installation shall permit any ship or aircraft which has entered the
limits of his command by passing through a defense area without
authorization to land, except in emergency, or, if permitted to land, to
disembark passengers or cargo except as authorized by the appropriate
Entry Control Commander. Commanding officers will take appropriate
action to apprehend violators who come within their jurisdiction and
request disposition instructions from the appropriate Entry Control
Commander.
(d) Trust Territory. An authorization from the High Commissioner is
required for all persons desiring to enter the Trust Territory, except
for those areas under military jurisdiction where entry is controlled by
the Department of the Army (Kwajalein Atoll) and the Defense Nuclear
Agency (Eniwetok Atoll).
(e) Military areas. Entries authorized under this Instruction do not
affect the authority of a commanding officer or other appropriate
commander to impose and enforce proper regulations pertaining to
movement into or within naval stations or other military installations.
(f) Waiver prohibited. No officer of the U.S. Armed Forces, except
as authorized in writing by the Chief of Naval Operations, has authority
to waive the requirements of this part, and any waiver must be in
writing and signed by an authorized person.
[28 FR 13778, Dec. 18, 1963, as amended at 36 FR 21890, Nov. 17, 1971;
41 FR 28958, July 14, 1976]
Subpart C--Entry Authorization
Sec. 761.8 General.
(a) As indicated in Sec. 761.7(a), certain persons, ships, and
aircraft must be specifically authorized under the provisions of this
part to enter defense areas.
(b) When entering or transiting a defense area each person, ship, or
aircraft must have a valid authorization or satisfactory evidence
thereof.
Sec. 761.9 Entry Control Commanders.
The following commanders are designated Entry Control Commanders
[[Page 459]]
with authority to approve or disapprove individual entry authorizations
for persons, ships, or aircraft as indicated (Commander Seventeenth
Coast Guard District has been designated an Entry Control Commander by
the authority of the Commandant, U.S. Coast Guard and Commander, Western
Area, U.S. Coast Guard);
(a) Chief of Naval Operations. Authorization for all persons, ships,
or aircraft to enter all defense areas.
(b) Commander in Chief, U.S. Atlantic Fleet. Authorization for all
persons, ships, or aircraft to enter defense areas in the Atlantic.
(c) Commander in Chief, U.S. Pacific Fleet. Authorization for all
persons, ships, or aircraft to enter defense areas in the Pacific.
(d) Commander U.S. Naval Forces Caribbean. Authorization for all
persons, ships, and aircraft to enter the Guantanamo Bay Naval Defensive
Sea Area and the Guantanamo Naval Airspace Reservation. (This authority
delegated to Commander U.S. Naval Base, Guantanamo Bay.)
(e) Commander U.S. Naval Base, Guantanamo Bay. Authorization for all
persons, ships, and aircraft to enter the Guantanamo Bay Naval Defensive
Sea Area and the Guantanamo Naval Airspace Reservation.
(f) Commander Third Fleet. Authorization for U.S. citizens and U.S.
registered private vessels to enter Midway Island, Kingman Reef, Kaneohe
Bay Naval Defensive Sea Area, Pearl Harbor Defensive Sea Area and
Filipino workers employed by U.S. contractors to enter Wake Island.
(g) Commander U.S. Naval Forces, Marianas. Authorization in
conjunction with the High Commissioner, for non-U.S. citizens, ships, or
aircraft documented under laws other than those of the United States or
the Trust Territory to enter those portions of the Trust Territory where
entry is not controlled by the Department of the Army or the Defense
Nuclear Agency.
(h) Senior naval commander in defense area. Emergency authorization
for persons, ships, or aircraft in cases of emergency or distress. In
all cases the Chief of Naval Operations, and as appropriate, the
Commander in Chief, U.S. Atlantic Fleet or the Commander in Chief, U.S.
Pacific Fleet, and other interested commands, shall be informed
immediately of the nature of the emergency, and action taken.
(i) U.S. Coast Guard. The U.S. Coast Guard regulates the movement of
shipping within the Honolulu Harbor under the authority of Executive
Orders 10173 and 10289; such shipping is considered to be under U.S.
authorized supervision within the meaning of Executive Order 8987. The
Commandant, Fourteenth Naval District, as representative of the
Secretary of the Navy, retains responsibility for security of the
Honolulu Defensive Sea Area, as required by naval interest, and, as
such, issues amplifying instructions relating to the Honolulu Defensive
Sea Area.
[41 FR 28958, July 14, 1976]
Sec. 761.10 Persons: Group authorizations.
Persons in the following categories, except those persons who have
been denied individual authorization or have had a prior authorization
revoked, may enter the defense areas indicated without individual
authorization:
(a) Persons aboard U.S. public vessels or aircraft entering a Naval
Defensive Sea Area or a Naval Airspace Reservation.
(b) Military members of the U.S. Armed Forces or U.S. civil service
employees of the Department of Defense when traveling on official
orders.
(c) U.S. ambassadors, cabinet members, elected U.S. Government
officers and U.S. citizen civil service employees of the U.S. Government
traveling on official orders on U.S. Government business may enter
defense areas as required by their orders.
(d) Dependents of military members of the U.S. Armed Forces and U.S.
citizen dependents of U.S. civil service employees traveling on official
orders and entering for purposes of joining a principal permanently
stationed in an area covered by this part.
(e) U.S. Navy Technicians, U.S. Army Contract Technicians, or U.S.
Air Force Contract Technicians, who are traveling on official (does not
include invitational) travel orders on U.S. Government business, may
enter defense areas as specifically required by such orders.
[[Page 460]]
(f) [Reserved]
(g) Individuals on board any foreign public vessel or aircraft which
has been granted diplomatic or other official U.S. Government
authorization to enter an area covered by this part.
(h) Through passengers and bona fide regularly employed crew
members, unless otherwise excluded, on nonpublic vessels authorized to
enter areas covered by this part. This does not include an authorization
to disembark at a port contiguous to or within the areas covered in this
part. Application for authorization to disembark may be submitted to an
Entry Control Commander having jurisdiction over the particular port.
(i) Through passengers and bona fide regularly employed crew
members, unless otherwise excluded, on nonpublic aircraft authorized to
enter areas covered by this part. Such persons are subject to local
regulations governing entry into or movement within military air
stations or facilities. Application for authorization to disembark may
be submitted to an Entry Control Commander having jurisdiction over the
air facility.
(j) U.S. citizen news correspondents and photographers when properly
accredited by the Department of Defense to enter areas covered by this
part except that special authorization is required to enter the
restricted areas listed in Sec. 761.4(a).
[28 FR 13778, Dec. 18, 1963, as amended at 36 FR 21890, Nov. 17, 1971]
Sec. 761.11 Persons: Individual authorizations.
(a) Application; filing. Applications for authorization to enter
defense areas shall be filed with one of the following:
(1) Chief of Naval Operations.
(2) Commander in Chief, U.S. Atlantic Fleet.
(3) Commander in Chief, U.S. Pacific Fleet.
(4) Any Naval Sea Frontier Commander.
(5) Any Naval Fleet or Force Commander.
(6) Any Naval District Commandant.
(7) Any Naval Attache. The Commander or Attache with whom the
application is filed is responsible for taking such action on the
application as he may be empowered to do or for forwarding the
application to the nearest Entry Control Commander authorized by this
part to take action thereon. Applications received in the United States
and those received indicating that the applicant has resided in the
United States for the major portion of ten years immediately prior to
date of request will normally be forwarded to the Chief of Naval
Operations for action. In all cases where the forwarding activity has
information regarding the applicant or his employer, appropriate comment
and/or recommendation for disposition will be included in the forwarding
letter.
(b) Form. (1) Applications for entry authorizations will be made on
the standard form Statement of Personal History, DD 398, which is
available at most military installations. In addition to the information
required by the form, an entry application shall include the following
additional information under Item 20, ``Remarks'':
21. Purpose of proposed visit: (Detailed statement including names
of principal persons, firms, or establishments to be visited)
22. Proposed duration of visit:
23. Estimated date of arrival:
24. Address to which authorization should be mailed:
In the event that a DD 398 form is not available, a locally produced
form containing identical information including the certification and
signature of applicant and witness may be utilized.
(2) Incomplete forms will be returned for completion.
(3) When time is of the essence, emergency applications may be
forwarded by message to the appropriate Entry Control Commander. Such
messages shall include the following:
(i) Name of applicant.
(ii) Date and place of birth.
(iii) Citizenship.
(iv) Residence for last ten (10) years.
(v) Employers and their addresses for last ten (10) years.
(vi) Results of Local Agency Check, if pertinent.
(vii) Place to be entered and date of entry.
(viii) Purpose of entry and duration of stay.
[[Page 461]]
(ix) Comments and/or recommendations of forwarding officer as
appropriate.
(x) A statement that a completed DD 398 or appropriate substitute
has been mailed prior to the sending of the message.
(c) Processing. The Entry Control Commander empowered to issue entry
authorizations shall upon receipt of an application take the following
action:
(1) Initiate or conduct such investigation as may be required to
establish facts upon which to make a determination that the entry of the
applicant at the time and for the purpose indicated is or is not in
accordance with the criteria set forth in Sec. 761.6.
(2) Request additional information from the applicant if required,
or
(3) Issue an entry authorization as requested or modified as
circumstances require, or
(4) Deny the request and advise the applicant of his right to
appeal, or,
(5) Forward the application to the next superior in command together
with a statement of the investigation conducted and the reason for
forwarding and comments or recommendations as appropriate.
(d) Authorizations. Entry authorizations will state the purpose for
which the entry is authorized and such other information and conditions
as are pertinent to the particular authorization. Authorizations to
enter and re-enter may be issued to resident U.S. citizens and be valid
for a specified time not to exceed two years. Authorizations may be
issued to U.S. citizens residing abroad and to aliens to enter and re-
enter for a specified period of time required to accomplish the purpose
for which the authorization was issued not to exceed one year.
[28 FR 13778, Dec. 18, 1963, as amended at 41 FR 28958, July 14, 1976]
Sec. 761.12 Ships: Group authorizations.
Ships or other craft in the following categories, except those ships
which have been denied individual authorization or have had a prior
authorization revoked, may enter the defense areas indicated without
individual authorizations:
(a) U.S. Public vessels, to enter all defense areas.
(b) U.S. private vessels which are: (1) Under charter to the
Department of Defense (including the Military Sealift Command), or (2)
operating under a contract or charter with the Department of Defense
providing for the employment of such vessels, or (3) routed by a Naval
Control of Shipping Office, or (4) employed exclusively in support of
and in connection with a Department of Defense construction,
maintenance, or repair contract and whose crews carry individual entry
clearances, to enter defense areas as authorized by controlling Defense
Department agency.
(c) [Reserved]
(d) Privately owned local craft, registered with and licensed by
appropriate local U.S. Government authorities, and owned and operated by
local inhabitants who have been granted an authorization to enter the
local defense area at the discretion of the local commanders.
(e) Foreign flag ships traveling on diplomatic or other special
clearance or for which special arrangements have been made under
international agreements or treaties.
(f) Ships operating under a group authorization issued by the Chief
of Naval Operations.
(g) Ships in distress, subject to local clearances and control by
senior officer present.
[28 FR 13778, Dec. 18, 1963, as amended at 36 FR 21890, Nov. 17, 1971]
Sec. 761.13 Ships: Individual authorizations.
(a) Applications; form; filing. Applications for authorization to
navigate ships within the limits of defense areas shall be filed with
the cognizant Entry Control Commander by letter or telegram including
the following information and any additional information that may be
relative to the proposed operation:
(1) Name of ship.
(2) Place of registry and registry number.
(3) Name, nationality and address of operator.
(4) Name, nationality and address of owner.
(5) Gross tonnage of ship.
[[Page 462]]
(6) Nationality and numbers of officers and crew (include crewlist
when practicable).
(7) Number of passengers (include list when practicable).
(8) Last port of call prior to entry into area for which clearance
is requested.
(9) Purpose of visit.
(10) Proposed date of entry and estimated duration of stay.
(b) Processing. Authorization for single entries or for multiple
entries for a period not to exceed one year may be granted or denied by
an Entry Control Commander. Authorizations for multiple entries for a
period to exceed one year or for special group entries must be forwarded
to the Chief of Naval Operations with appropriate comments and
recommendations.
Sec. 761.14 Aircraft: Group authorizations.
Aircraft in the following categories, except those aircraft which
have been denied individual authorization or have had a prior
authorization revoked, may enter the defense areas indicated without
individual authorization:
(a) U.S. public aircraft to enter all defense areas.
(b) U.S. private aircraft which are under charter to the Department
of Defense (including the Military Airlift Command), or operating under
a contract with the Department of Defense providing for the employment
of such aircraft to overfly U.S. island positions to enter defense areas
as authorized by controlling Defense Department agency. If landing at
U.S. military facilities is required, see Sec. 761.15(a).
(c) Foreign flag aircraft for which special arrangements have been
made under international agreements or treaties.
(d) Aircraft operated by companies authorized to utilize naval
facilities in defense areas for regular commercial activity, to enter
defense areas associated therewith. For landing clearance at U.S.
military facilities, see Sec. 761.15(a).
(e) Any aircraft in distress, subject to local clearance and control
by senior officer present.
[41 FR 28958, July 14, 1976]
Sec. 761.15 Aircraft: Individual authorizations.
(a) Special procedures. In addition to the entry authorization to
enter or navigate within the defense area concerned, certain special
procedures must be followed by aircraft:
(1) If landing at U.S. naval aviation facilities, an Aviation
Facility License must be obtained, in accordance with Secretary of the
Navy Instruction 3770.1B, Use of Department of the Navy aviation
facilities by other than United States Department of Defense aircraft.
(2) If landing at U.S. Air Force aviation facilities, a Civil
Aircraft Landing Permit must be obtained, in accordance with Department
of the Airforce Regulation 55-20, Use of United States Air Force
installations by other than United States Department of Defense
aircraft.
(3) Foreign public aircraft must obtain diplomatic clearance or
clearance under applicable special agreements or treaties.
(b) Application; Form; Filing. Applications for authorization to
navigate aircraft within the limits of defense areas shall be made by
letter or telegram addressed to the appropriate entry control commander
as indicated in Sec. 761.9 with information copies to the Chief of Naval
Operations, Commander in Chief, U.S. Atlantic (or Pacific) Fleet, as
appropriate, and other local commanders who are known to be concerned.
Applications shall include the following:
(1) Type and serial number of aircraft (the number of aircraft in
flight if a mass movement is involved), nationality and name of
registered owner.
(2) Name and rank of senior pilot.
*(3) Number in crew.
---------------------------------------------------------------------------
*See ``Note'' to this paragraph.
---------------------------------------------------------------------------
*(4) Number of passengers and whether military or civilian; include
name (and rank) of distinguished passengers.
(5) Purpose of flight.
(6) Plan of flight route, including:
(i) Point of origin of flight and its destination.
(ii) Estimated date and times of arrival and departure at all
airspaces covered by this part 761 including stops within the Trust
Territory, when pertinent.
[[Page 463]]
(7) Radio call signs of aircraft and radio frequencies available.
(8) Whether cameras are to be carried and whether they will be used.
*(9) Whether arms are to be carried.
*(10) Whether authorization to land as indicated in Sec. 761.15(a)
has been obtained.
Note: Information on those items marked with an asterisk (*) need
not be reported when the aircraft will only overfly the areas covered by
this part.
(c) Processing. Authorization for individual entries or for multiple
entries for a period not to exceed three months may be granted by an
Entry Control Commander. Authorizations for multiple entries over a
period to exceed three months and applications for group authorizations
must be forwarded to the Chief of Naval Operations with appropriate
comments and recommendations.
[41 FR 28958, July 14, 1976]
Sec. 761.16 Notice of action.
All applicants will be kept advised of action being taken relative
to the processing of applications. Individuals whose applications cannot
be processed promptly (usually within ten working days) or whose
applications must be forwarded to another office for processing will be
notified of the anticipated delay and advised of the approximate time
when action may be expected to be taken. Under no circumstances will a
notice of disapproval include a statement of the reason therefor. Copies
of all notices will be distributed to commands and Entry Control
Commanders concerned. Copies of all notices of disapproval will be
mailed to the Chief of Naval Operations concurrently with the mailing to
the applicant.
Sec. 761.17 Revocation.
Entry authorizations will be revoked only by an Entry Control
Commander upon being advised of the discovery of information which would
have been ground for denial of the initial request. Such a revocation
will be confirmed in writing to the holder of an entry authorization. No
reason for revocation of the entry authorization will be given. When an
entry authorization is revoked, a one-way permit will be issued as
appropriate, to permit the ship, aircraft, or person to transit the
defense area in order to depart from a contiguous area.
Sec. 761.18 Appeals.
(a) Appeals may be filed with the Entry Control Commander who issued
the denial or revocation. It shall contain a complete statement of the
purpose of the proposed entry and a statement of reasons why the entry
should be authorized, including a showing that the entry will be
consistent with the purposes of national defense.
(b) Appeal letters shall be forwarded promptly to the next superior
Entry Control Commander with an endorsement setting forth the reasons
for the denial or revocation and a recommendation as to the action to be
taken by the superior.
(c) The superior may act on the appeal and notify the applicant of
the decision, or he may forward the appeal to the next superior and
notify the applicant of this referral.
[28 FR 13778, Dec. 18, 1963, as amended at 41 FR 28959, July 14, 1976]
Sec. 761.19 Forms.
The following forms shall be used in connection with the processing
of applications for authorization to enter defense areas and for
revocation of authorizations as indicated:
(a) Application. Statement of Personal History (Form DD 398, Stock
Number 0102-004-220) may be obtained from NAVPUBFORMCEN, Building 26,
5801 Tabor Ave., Philadelphia, PA 19120.
(b) Entry authorization. (1) Defense Area Entry Authorization
(OPNAVForm 4600-2 (Rev. 5-59) may be obtained from Office of the Chief
of Naval Operations (OP-09B33), Navy Department, Washington, DC 20350.
(2) Letter or message authorization.
(c) Disapproval of request for entry authorization.
My Dear ------------: Your application of ------ has been reviewed
and we regret to advise you that the requested authorization for ------
---------- to enter ---------------- is not granted as the entry at this
time for the purpose stated is not considered to be in the interest of
national defense.
[[Page 464]]
The application may be resubmitted again in six months at which time
it will be reconsidered in the light of then existing circumstances.
If you desire to appeal this decision, you may do so by submitting a
letter to this office setting forth in full why you consider that the
granting of the application would be in the interest of national defense
and any other information that you believe will be of value of this
person considering the appeal. Your letter will be forwarded to the
appropriate authority for review and you will be advised in due course
of his determination.
Sincerely yours,
(d) Revocation of entry authorization.
My Dear ------------: This is to notify you that entry authorization
to enter ---------------- granted by (issuing activity) on -------- is
hereby revoked effective this date.
Sincerely yours,
[41 FR 28959, July 14, 1976]
Subpart D--Additional Instructions
Sec. 761.20 Additional regulations governing persons and vessels in Naval Defensive Sea Areas.
(a) By virtue of the authority vested in the President by section 44
of the United States Criminal Code, as amended and reenacted in 18
U.S.C. 2152, the President has prescribed the following additional
regulations in Executive Order 9275 of November 23, 1942 (7 FR 9767;
1943 Cum. Supp. p. 1227) to govern persons and vessels within the limits
of defensive sea areas theretofore or thereafter established.
(1) No person shall have in his possession within the limits of any
defensive sea area, any camera or other device for taking pictures, or
any film, plate or other device upon or out of which a photographic
imprint, negative or positive, can be made, except in the performance of
official duty or employment in connection with the national defense, or
when authorized pursuant to the provisions of the Act approved June 25,
1942 (Pub. L. 627, 77th Congress), as amended (50 U.S.C. App. 781-785),
and the regulations promulgated thereunder (7 FR 7307; 32 CFR
765.19(b)).
(2) It shall be the duty of the master or officer in charge of any
vessel to take custody of and safeguard all cameras or other devices for
taking pictures, or film, plate or other device upon or out of which a
photographic imprint, positive or negative, can be made, the possession
of which is prohibited by Executive Order 9275, from any person, prior
to the time any vessel enters any defensive sea area or upon the
boarding by any person of any vessel while within a defensive sea area,
and to retain custody thereof until such vessel is outside the defensive
sea area or the person is about to disembark.
(3) There shall be prominently displayed on board all vessels,
except public war vessels of the United States manned by personnel in
the naval service, a printed notice containing the regulations
prescribed in Executive Order 9275.
(4) Any person violating section 1 of Executive Order 9275 (restated
in paragraph (a)(1) of this section) shall be liable to prosecution as
provided in section 44 of the Criminal Code as amended and reenacted in
18 U.S.C. 2152.
(b) The regulations stated in paragraph (a) of this section are not
a limitation on prosecution under any other statute that may have been
violated by acts or omissions prohibited by Executive Order 9275.
PART 762 [RESERVED]