Identifier
Created
Classification
Origin
85STATE317062
1985-10-15 21:02:00
UNCLASSIFIED
Secretary of State
Cable title:  

STATUS OF MILITARY SEALIFT COMMAND VESSELS

Tags:  MARR PBTS XX 
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R 152102Z OCT 85
FM SECSTATE WASHDC
TO ALL DIPLOMATIC POSTS
INFO SECDEF WASHDC 0000
UNCLAS STATE 317062 

E.O. 12356: N/A
TAGS: MARR PBTS XX
SUBJECT: STATUS OF MILITARY SEALIFT COMMAND VESSELS

REF: STATE 106685 (110517Z MAY 77)

UNCLAS STATE 317062

E.O. 12356: N/A
TAGS: MARR PBTS XX
SUBJECT: STATUS OF MILITARY SEALIFT COMMAND VESSELS

REF: STATE 106685 (110517Z MAY 77)


1. REFERENCE (A) SUMMARIZED U.S. GOVERNMENT POLICY AND
PRACTICE REGARDING SOVEREIGN IMMUNITY STATUS OF VESSELS
EMPLOYED BY THE U.S. NAVY'S MILITARY SEALIFT COMMAND
(MSC). RECENT DEVELOPMENTS IN THE DEPARTMENT OF
DEFENSE STRATEGIC SEALIFT PROGRAM NECESSITATE A
REVISION OF THE POLICIES PROMULGATED IN REFERENCE (A),
WHICH IS HEREBY CANCELLED.


2. THE VESSELS OPERATED BY THE MSC ARE THOSE OWNED BY
THE USG, INCLUDING THOSE IN THE NATIONAL DEFENSE
RESERVE FLEET; THOSE BAREBOAT CHARTERED TO THE USG; AND
THOSE TIME OR VOYAGE CHARTERED TO THE USG. SHIPS
DESIGNATED UNITED STATES NAVAL SHIPS (USNS) ARE EITHER
OWNED BY OR BAREBOAT CHARTERED TO THE US NAVY. MSC
BAREBOAT CHARTERED VESSELS ARE PRIVATELY OWNED AND ARE
MANNED EITHER BY U.S. GOVERNMENT CIVIL SERVICE CREWS OR
BY CONTRACTOR EMPLOYEES. THE PHYSICAL APPEARANCE OF
BAREBOAT CHARTERED SHIPS, EITHER BY PAINTING OR BY
STACK MARKINGS, IS USUALLY THE SAME AS U.S. GOVERNMENT
OWNED USNS. PRIVATELY OWNED AND OPERATED VESSELS
CHARTERED BY MSC FOR A PERIOD OF TIME OR FOR A
SPECIFIED VOYAGE OR VOYAGES ARE USUALLY MANNED BY
CIVILIAN PRIVATE SECTOR CREWS EMPLOYED BY A COMMERCIAL
OPERATOR, UNDER THE DIRECTION OF THE UNITED STATES AND
USED EXCLUSIVELY TO TRANSPORT U.S. GOVERNMENT
NON-COMMERCIAL CARGO. THEY DO NOT, HOWEVER, BEAR
DISTINCTIVE U.S. GOVERNMENT MARKINGS.


3. UNDER CUSTOMARY INTERNATIONAL LAW, ALL VESSELS
OWNED OR OPERATED BY A STATE AND USED ON GOVERNMENT
NON-COMMERCIAL SERVICE ARE ENTITLED TO SOVEREIGN
IMMUNITY. THIS MEANS SUCH VESSELS ARE, INTER ALIA,
IMMUNE FROM ARREST AND SEARCH, WHETHER IN FOREIGN
INTERNAL OR TERRITORIAL WATERS OR ON THE HIGH SEAS;
IMMUNE FROM ALL FOREIGN TAXATION; EXEMPT FROM ANY
FOREIGN STATE REGULATION REQUIRING FLYING THE FLAG OF
SUCH FOREIGN STATE EITHER IN ITS PORTS OR WHILE PASSING
THROUGH ITS TERRITORIAL SEA; AND ENTITLED TO EXCLUSIVE
CONTROL OVER PERSONS ON BOARD SUCH VESSELS WITH RESPECT
TO ACTS PERFORMED ON BOARD . THESE SHIPS, HOWEVER, ARE
EXPECTED TO COMPLY VOLUNTARILY WITH THE LAWS OF THE
HOST STATE WITH REGARD TO ORDER IN THE PORTS, CASTING
ANCHOR, SANITATION AND QUARANTINE, ETC. ALL VESSELS IN
THE SERVICE OF MSC, WHETHER USG OWNED, BAREBOAT
CHARTERED, TIME OR VOYAGE CHARTERED, ARE IN EXCLUSIVE
GOVERNMENT NON-COMMERCIAL SERVICE. EACH OF THESE
VESSELS IS ENTITLED TO FULL SOVEREIGN IMMUNITY.


4. IN THE PAST, FULL SOVEREIGN IMMUNITY HAS BEEN
CLAIMED (AND HAS GENERALLY BEEN ACCORDED) FOR USNS

VESSELS ONLY. AS A MATTER OF POLICY THE USG DID NOT
CLAIM FULL SOVEREIGN IMMUNE STATUS FOR TIME AND VOYAGE
CHARTERED VESSELS ALTHOUGH AS A JURIDICAL MATTER OUR
POSITION HAS BEEN THAT SUCH VESSELS ARE ENTITLED TO
FULL IMMUNITY. THIS WAS DONE PRINCIPALLY TO AVOID
NUMEROUS REQUESTS FOR DIPLOMATIC CLEARANCE AND TO AVOID
CONFUSION BY FOREIGN STATES WHEN THOSE VESSELS ENTERED
THEIR PORTS. WITH FEW EXCEPTIONS, IMMUNITIES CLAIMED
FOR SUCH VESSELS HAVE BEEN LIMITED TO FREEDOM FROM
ARREST AND IMMUNITY FROM TAXATION, AND HAVE BEEN
ARRANGED ON A BILATERAL BASIS.


5. FOR THE LAST FEW YEARS, MSC HAS BEEN BRINGING ON
LINE THE AFLOAT PREPOSITIONING FORCE (APF),MOST OF
WHICH IS TIME CHARTERED. IN THE CASE OF THE APF, THE
POLICY NOTED ABOVE IS NOT SATISFACTORY. APF VESSELS
ARE LOADED ENTIRELY WITH COMBAT EQUIPMENT, FUEL AND
COMBAT SUPPORT SUPPLIES. THE CONTENTS OF THEIR CARGO
IS THEREFORE SENSITIVE AND CANNOT BE MADE AVAILABLE FOR
INSPECTION BY FOREIGN AUTHORITIES. APF SHIPS ARE
EXPECTED TO CALL ONLY AT A LIMITED NUMBER OF PORTS AND
NOT TO MAKE PORT CALLS AS FREQUENTLY AS, E.G., TANKERS
OR GENERAL PURPOSE DRY CARGO CARRIERS. IN VIEW OF THE
UNIQUE NATURE OF THE AFLOAT PREPOSITIONING FORCE, IT IS
THE POLICY OF THE USG THAT ALL AFLOAT PREPOSITIONING
FORCE VESSELS, INCLUDING TIME CHARTERED VESSELS, MUST
BE AFFORDED THE FULL SOVEREIGN PRIVILEGES AND
IMMUNITIES CURRENTLY CLAIMED FOR AND ACCORDED USNS
VESSELS. WITH RESPECT TO MSC VOYAGE CHARTERED VESSELS
AND MSC TIME CHARTERED VESSELS NOT A PART OF THE AFLOAT
PREPOSITIONING FORCE, USG GENERAL POLICY IS TO CONTINUE
TO CLAIM IMMUNITY ONLY FROM ARREST AND TAXATION.
CIRCUMSTANCES MAY ARISE WHICH NECESSITATE ASSERTIONS OF
SOVEREIGN IMMUNITY FOR TIME OR VOYAGE CHARTERED VESSELS
IN ADDITION TO THOSE IN THE APF. WHEN SUCH CASES HAVE
ARISEN IN THE PAST, SPECIFIC GUIDANCE HAS BEEN PROVIDED
AT THE TIME. THIS PROCEDURE WILL CONTINUE.


6. REQUEST ALL POSTS TAKE APPROPRIATE ACTION TO INSURE
HOST GOVERNMENTS ARE AWARE, WHEN APPROPRIATE, OF THE
STATUS OF SOVEREIGN IMMUNE VESSELS AND ASSIST IN
ASSURING RECOGNITION OF THIS STATUS. POSTS SHOULD BE
AWARE THAT AFLOAT PREPOSITIONING FORCE TIME CHARTERED
MSC SHIPS WILL REQUIRE DIPLOMATIC CLEARANCE FOR PORT
CALLS IN FOREIGN COUNTRIES. THE REQUEST FOR DIPLOMATIC
CLEARANCE WILL EXPLICITLY IDENTIFY THESE VESSELS AS
AFLOAT PREPOSITIONING FORCE SHIPS OF MSC. THEY MAY NOT
BE PAINTED DISTINCTIVELY OR BEAR THE MSC LOGO. IT IS
ESSENTIAL FOR POSTS TO IMPRESS UPON THEIR HOST
GOVERNMENTS THE STATUS OF SUCH SHIPS IN THE EVENT OF
PORT CALLS OR OTHER OPERATIONS IN HOST GOVERNMENT
TERRITORIAL SEAS AND INTERNAL WATERS. THE LIST OF
SHIPS CURRENTLY IN THE APF IS AVAILABLE FROM THE CHIEF
OF NAVAL OPERATIONS (OP-42).


ARMACOST