[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Notices]
[Pages 5647-5648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2488]
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DEPARTMENT OF STATE
[Public Notice 4614]
Office of Ocean Affairs; Protection of Sunken Warships, Military
Aircraft and Other Sunken Government Property
1. On January 19, 2001, the President stated United States policy
on sunken government vessels, aircraft and spacecraft (``State craft'')
of the United States and foreign nations. See Weekly Compilation of
Presidential Documents, vol. 37, no. 3, pages 195-196. The President
advised, inter alia, ``[t]hose who would engage in unauthorized
activities directed at sunken State craft * * * that disturbance or
recovery of such craft should not occur without the express permission
of the sovereign * * *.'' (The full text is set out at the end of this
notice.)
2. The Governments of France, Germany, Japan, Russian Federation,
Spain and the United Kingdom have advised the State Department of their
policies, as follows:
France: ``In accordance with the 1982 United Nations Convention on
the Law of the Sea (among others art. 32 & 236) and Customary Law,
every State craft (e.g. warship, naval auxiliary and other vessel,
aircraft or spacecraft owned or operated by a State) enjoys sovereign
immunities, regardless of its location and the period elapsed since it
was reduced to wreckage (general principle of non limitation of rights
of States).
The primacy of the title of ownership is intangible and
inalienable: no intrusive action may be taken regarding a French sunken
State craft, without the express consent of the French Republic, unless
it has been captured by another State prior to sinking.
But this primacy does not forbid the State to freely renounce,
whenever it wants to and in a formal way, to use some of its right on
the wreck (except its ownership).
These principles have been applied in the Agreement between the
Government of the USA and the Government of the French Republic
regarding the wreck of ``La Belle'', signed at Washington, DC, March
31st, 2003, and the Agreement between the Government of the USA and the
Government of the French Republic concerning the wreck of the CSS
Alabama, signed at Paris, October 4th, 1989. Source: Communication from
the French Foreign Ministry, November 28, 2003.
Germany: ``Under international law, warships and other vessels or
aircraft owned or operated by a State and used only on government non-
commercial service (``State vessels and aircraft'') continue to enjoy
sovereign immunity after sinking, wherever they are located. The
Federal Republic of Germany also retains ownership of any German State
vessel or aircraft owned by it or the German Reich at the time of its
sinking. Further, many sunken warships and aircraft are maritime
graves, which have to be respected. No intrusive action may be taken in
relation to German State vessels or aircraft without the express
consent of the German Government.'' Source: Communication from the
German Foreign Ministry, October 30, 2003.
Japan: ``According to international law, sunken State vessels, such
as warships and vessels on government service, regardless of location
or of the time elapsed remain the property of the State owning them at
the time of their sinking unless it explicitly and formally
relinquishes its ownership. Such sunken vessels should be respected as
maritime graves. They should not be salvaged without the express
consent of the Japanese Government.'' Source: Communication from the
Government of Japan, September 13, 2003.
Russian Federation: ``Under international law of the sea all the
sunken warships and government aircraft remain the property of their
flag State. The Government of the Russian Federation retains ownership
of any Russian sunken warship, including the warships of the Russian
Empire and the Soviet Union, regardless the time they sank. These craft
are considered places of special governmental protection and cannot be
salvaged without special permission of the Government of the Russian
Federation.'' Source: Communication from the Government of the Russian
Federation, October 3, 2003.
Spain: ``The Embassy of Spain presents its compliments to the
Department of State and has the honor to address the matter of Spanish
laws and policy regarding the remains of sunken vessels that were lost
while in the service of the Kingdom of Spain and/or were transporting
property of the Kingdom of Spain. In accordance with Spanish and
international law, Spain has not abandoned or otherwise relinquished
its ownership or other interests with respect to such vessels and/or
its contents, except by specific action pertaining to particular
vessels or property taken by Royal Decree or Act of Parliament in
accordance with Spanish law. Many such vessels also are the resting
place of military and/or civilian casualties.
``The Embassy of Spain accordingly wishes to give notice that
salvage or other disturbance of sunken vessels or their contents in
which Spain has such interests is not authorized and may not be
conducted without express consent by an authorized representative of
the Kingdom of Spain.'' Source: Embassy of Spain, Washington, DC, Note
No. 128, December 19, 2002.
United Kingdom: ``Under international law, warships, naval
auxiliaries, and other vessels or aircraft owned or operated by a State
and used only on government non-commercial service (``State vessels and
aircraft'') enjoy sovereign immunity. State vessels and aircraft
continue to enjoy sovereign immunity after sinking, unless they were
captured by another State prior to sinking or the flag State has
expressly
[[Page 5648]]
relinquished its rights. The flag State's rights are not lost merely by
the passage of time. Further, many sunken State vessels and aircraft
are maritime graves, which should be respected. No intrusive action may
be taken in relation to the United Kingdom's sovereign immune State
vessels or aircraft without the express consent of the United
Kingdom.'' Source: Communication from the UK Foreign and Commonwealth
Office, July 4, 2003.
3. Anyone believing to have located or wishing to salvage a sunken
State craft are advised to contact the government office noted below:
France: Minist[egrave]re des Affaires [eacute]trang[egrave]res,
Direction des Affaires juridiques, Sous-direction du droit de la mer,
des p[ecirc]ches et de l'Antarctique, 75351 Paris Cedex 7, France, Tel
(011) 33 1 43 17 53 25; fax (011) 33 1 43 17 55 05.
Germany: Ausw[auml]rtiges Amt, Referat 504, 11013 Berlin, Germany,
Tel (011) 49 1888 17 3832; fax (011) 49 1888 17 53832; e-mail: [email protected].
Japan: Embassy of Japan, 2520 Massachusetts Avenue, NW.,
Washington, DC 20008, Tel (202) 238-6700; fax (202) 328-2187.
Russian Federation: Legal Department, Ministry of Foreign Affairs,
Russian Federation, Moscow, Fax (011) 7-095-241-11-66; e-mail:
[email protected].
Spain: Minister for Cultural Affairs, Embassy of Spain, 2375
Pennsylvania Avenue, NW., Washington, DC 20037, Tel (202) 728-2334; fax
(202) 496-0328; e-mail: [email protected].
United Kingdom: NP Sec (P + P) 2, Room 125 Victory Building, HMNB
Portsmouth, England UK, PO1 3LS, Tel: (011) 44 23 92 720548 or 727326;
fax: (011) 44 23 92 727304, e-mail: [email protected].
United States: Naval Historical Center (NHC), Office of the
Underwater Archaeologist, 805 Kidder Breeze Street NE., Washington Navy
Yard, DC 20374-5060, Tel (202) 433-2210; fax (202) 433-2729, http://www.history.navy.mil.
Any other nation not listed above: Office of Ocean Affairs (OES/
OA), U.S. Department of State, 2201 C. Street, NW., Washington, DC
20520, Tel (202) 647-3880; fax (202) 647-9099.
4. The Presidential Statement on United States Policy for the
Protection of Sunken State Craft reads in full as follows:
Thousands of United States government vessels, aircraft and
spacecraft (``State craft''), as well as similar State craft of foreign
nations, lie within, and in waters beyond, the territorial sea and
contiguous zone. Because of recent advances in science and technology,
many of these sunken government vessels, aircraft and spacecraft have
become accessible to salvors, treasure hunters and others. The
unauthorized disturbance or recovery of these sunken State craft and
any remains of their crews and passengers, is a growing concern both
within the United States and internationally. In addition to deserving
treatment as gravesites, these sunken State craft may contain objects
of a sensitive national security, archaeological or historical nature.
They often also contain unexploded ordnance that could pose a danger to
human health and the marine environment if disturbed, or other
substances, including fuel oil and other hazardous liquids, that
likewise pose a serious threat to human health and the marine
environment if released.
I believe that United States policy should be clearly stated to
meet this growing concern. Pursuant to the property clause of Article
IV of the Constitution, the United States retains title indefinitely to
its sunken State craft unless title has been abandoned or transferred
in the manner Congress authorized or directed. The United States
recognizes the rule of international law that title to foreign sunken
State craft may be transferred or abandoned only in accordance with the
law of the foreign flag State.
Further, the United States recognizes that title to a United States
or foreign sunken State craft, wherever located, is not extinguished by
passage of time, regardless of when such sunken State craft was lost at
sea.
International law encourages nations to preserve objects of
maritime heritage wherever located for the benefit of the public.
Those who would engage in unauthorized activities directed at
sunken State craft are advised that such disturbance or recovery should
not occur without the express permission of the sovereign, and should
only be conducted in accordance with professional scientific standards
and with the utmost respect for any human remains.
The United States will use its authority to protect and preserve
sunken State craft of the United States and other nations, whether
located in the waters of the United States, a foreign nation, or in
international waters.
Public Papers of the Presidents: William J. Clinton, vol. III, page
2956, Jan. 19, 2001, available through http://www.gpo.gov/nara/pubpaps/srchpaps.html; Weekly Compilation of Presidential Documents, vol. 37,
no. 3, pages 195-196, available through http://www.access.gpo.gov/nara/nara003.html.
5. The failure to mention other sunken Government property of any
nation should not be construed as abandonment or waiver of that
nation's right.
Dated: January 12, 2004.
Margaret F. Hayes,
Director, OES/OA, Department of State.
[FR Doc. 04-2488 Filed 2-4-04; 8:45 am]
BILLING CODE 4710-09-P