Identifier
Created
Classification
Origin
94STATE92114
1994-04-08 04:13:00
CONFIDENTIAL
Secretary of State
Cable title:  

SURVEYS IN SWEDEN'S EEZ

Tags:  PHSA MARR PBTS PREL TPHY SW 
pdf how-to read a cable
O 080413Z APR 94
FM SECSTATE WASHDC
TO AMEMBASSY STOCKHOLM IMMEDIATE
INFO SECDEF WASHDC IMMEDIATE 0000
CINCUSACOM NORFOLK VA//JO2L//
USCINCPAC HONOLULU HI//JO6//
USCINCCENT MACDILL AFB FL//J3/J5/SJA//
USCINCEUR VAHINGEN GE//J3/J5/ECLA//
USCINCSO QUARRY HEIGHTS PM//SCJA//
USCINCSTRAT OFFUTT AFB NE//J2/J3/J5/JA//
USCINCTRANS SCOTT AFB IL//J3/TCJA//
USCINCSOC MACDILL AFB FL
CNO WASHDC//N3L-N5L/N09J/N096/N3-N5/N524//
CINCLANTFLT NORFOLK VA//N02L//
CINCPACFLT PEARL HARBOR HI//00J//
CINCUSNAVEUR LONDON UK/01/005/013/N2/N3/N5//
COMUSNAVCENT//013//
NAVAL WAR COLLEGE NEWPORT RI//14/CJ/36//
DIA WASHDC//GC//
NOAA WASHDC//GC-LIL//
COMSC WASHDC
COMNAVMETOCCOM STENNIS SPACE CENTER MS//N2/N3//
NAVOCEANO STENNIS SPACE CENTER MS//N35//
COMSCEUR LONDON UK//N3//
C O N F I D E N T I A L STATE 092114 


E.O. 12356: DECL: OADR
TAGS: PHSA MARR PBTS PREL TPHY SW
SUBJECT: SURVEYS IN SWEDEN'S EEZ

REF: (A) STOCKHOLM 01951, (B) USDAO STOCKHOLM 061125Z APR
94, (C) NAVOCEANO STENNIS SPACE CENTER MS 040500Z MAR 94,
(D) 89 STATE 122770

C O N F I D E N T I A L STATE 092114


E.O. 12356: DECL: OADR
TAGS: PHSA MARR PBTS PREL TPHY SW
SUBJECT: SURVEYS IN SWEDEN'S EEZ

REF: (A) STOCKHOLM 01951, (B) USDAO STOCKHOLM 061125Z APR
94, (C) NAVOCEANO STENNIS SPACE CENTER MS 040500Z MAR 94,
(D) 89 STATE 122770


1. (U) THIS IS AN ACTION CABLE IN RESPONSE TO REFTEL
(A). SEE PARAGRAPH 2.


2. (C) SUMMARY AND ACTION REQUESTED: USNS KANE IS
CONDUCTING UNCLASSIFIED MILITARY SURVEY OPERATIONS, NOT
MARINE SCIENTIFIC RESEARCH (MSR),IN THE EEZS OF VARIOUS
BALTIC STATES INCLUDING SWEDEN. KANE IS MEASURING
CURRENTS AND BOTTOM PROFILES, AND COLLECTING WATER AND
BOTTOM SAMPLES, AT VARIOUS LOCATIONS FOR MILITARY
PURPOSES. MILITARY SURVEYS ARE NOT SUBJECT TO COASTAL
STATE CONTROL. KANE WILL RETURN TO THE SWEDISH EEZ TO
CONTINUE ITS SURVEY ON OR ABOUT APRIL 16. DRAWING ON THE
TALKING POINTS IN PARAGRAPH 5, EMBASSY MAY DELIVER TO
APPROPRIATE GOS OFFICIALS THE PAPER IN PARAGRAPH 6 WHICH
PROVIDES A DETAILED EXPLANATION OF THE LEGAL DIFFERENCES
BETWEEN SURVEYS AND MARINE SCIENTIFIC RESEARCH (MSR) AND
WORLDWIDE USG POLICY AND PRACTICE WITH RESPECT TO MILITARY
SURVEYS. END SUMMARY AND ACTION REQUEST.


3. (C) DEPARTMENT APPRECIATES EMBASSY'S VIGOROUS AND
ARTICULATE REACTIONS AND THOUGHTFUL ANALYSIS OF THE
SITUATION REPORTED REFTELS (A) AND (B) REGARDING THE
UNEXPECTED SWEDISH REACTION TO USNS KANE'S SURVEY
ACTIVITIES IN ITS EEZ (REFTEL (C)). WE HAVE PREPARED A
DETAILED LEGAL ANALYSIS OF THE SITUATION WHICH IS SET OUT
IN THE PAPER IN PARAGRAPH 6 THAT MAY BE SHARED WITH
APPROPRIATE GOS OFFICIALS.


4. (C) USNS KANE IS SCHEDULED TO COMPLETE ITS PORT VISIT
IN DENMARK ON 8 APRIL 1994 AND TO ENTER THE WESTERN WATERS
OF THE SWEDISH EEZ TO CONTINUE MILITARY SURVEY ACTIVITIES
ON OR ABOUT 16 APRIL. KANE WILL MEASURE CURRENTS AND
BOTTOM PROFILES, AND WILL COLLECT WATER AND BOTTOM
SAMPLES, INCLUDING CORES, AT VARIOUS LOCATIONS FOR
MILITARY PURPOSES. IF CHALLENGED DURING THESE ACTIVITIES,
KANE HAS BEEN DIRECTED TO RESPOND (QUOTE) I AM CONDUCTING
MILITARY SURVEY ACTIVITIES CONSISTENT WITH INTERNATIONAL
LAW AS REFLECTED IN THE 1982 LAW OF THE SEA CONVENTION.
(UNQUOTE)


5. (C) BEGIN TALKING POINTS:

-- I WOULD LIKE TO PROVIDE YOU A PAPER THAT DESCRIBES THE
U.S. POSITION ON SURVEY ACTIVITIES IN EXCLUSIVE ECONOMIC

ZONES (EEZ).

-- THIS PAPER DETAILS WHY THE ACTIVITIES OF THE USNS KANE,
A U.S. NAVAL AUXILIARY, IN YOUR EEZ OVER THE PAST WEEK ARE
FULLY CONSISTENT WITH INTERNATIONAL LAW AND OUR
UNDERSTANDING OF SWEDISH LAW.

-- WE AGREE THAT A COASTAL STATE MAY REQUIRE ANYONE
SEEKING TO CONDUCT MARINE SCIENTIFIC RESEARCH (MSR) IN THE
COASTAL STATE'S EEZ OBTAIN APPROVAL IN ADVANCE. HOWEVER,
AS THIS PAPER MAKES CLEAR, THE KANE'S MILITARY SURVEY
ACTIVITIES ARE NOT MSR.

-- THE MISSION OF THE USNS KANE IN THE SWEDISH EEZ IS TO
MEASURE CURRENT AND BOTTOM PROFILES, AND TO COLLECT WATER
AND BOTTOM SAMPLES, INCLUDING CORES, AT VARIOUS LOCATIONS
FOR MILITARY PURPOSES.

-- THE PURPOSE OF THIS MILITARY SURVEY IS TO SUPPORT
SECURITY IN THE BALTIC SEA, AN ISSUE ON WHICH THE U.S. AND
SWEDEN SHARE A COMMON CONCERN.

-- SUCH ACTIVITIES ARE MILITARY SURVEY ACTIVITIES AND AS
SUCH CAN BE UNDERTAKEN IN THE EEZ OF A COASTAL NATION
WITHOUT PRIOR NOTIFICATION OR APPROVAL BY THE NATION.

-- WE WANT TO REACH A SHARED UNDERSTANDING WITH YOU ON
THIS ISSUE. HOWEVER, WE MUST EMPHASIZE THAT OUR MILITARY
SURVEY OPERATIONS ARE CONDUCTED CONSISTENT WITH
INTERNATIONAL LAW AND ARE CONDUCTED WORLDWIDE ON THAT
BASIS. WE PLAN TO CONTINUE OUR EEZ SURVEY OPERATIONS,
INCLUDING THAT OF THE KANE, ACCORDINGLY.

-- WE HOPE THAT THIS PAPER PROVIDES YOU WITH THE LEGAL
FRAMEWORK TO UNDERSTAND AND ACCEPT OUR POSITION. WE ARE
AVAILABLE TO DISCUSS THIS FURTHER WITH YOU IF YOU WISH.

IF ASKED WHETHER THE USG IS WILLING TO SHARE THE DATA
COLLECTED, YOU SHOULD RESPOND THAT THE USG DOES NOT SHARE
DATA COLLECTED ON A MILITARY SURVEY AS A CONDITION OF
ENTRY INTO THE EEZ. HOWEVER, THERE ARE ESTABLISHED
MECHANISMS FOR DATA EXCHANGES BETWEEN OUR TWO
GOVERNMENTS. (FYI: EMBASSY MUST AVOID IMPLYING ANY USG
COMMITMENT TO SHARE THE DATA COLLECTED IN THIS SURVEY BY
THE KANE. END FYI)

IF ASKED WHETHER THE KANE PLANS TO CONTINUE OPERATIONS IN
THE EEZ OFF SWEDEN'S WESTERN COAST, YOU SHOULD RESPOND
THAT THE KANE WILL CONTINUE ITS MILITARY SURVEY OPERATIONS
WITHIN THE SWEDISH WESTERN EEZ NEXT WEEK.

IF PRESSED TO SEND THE KANE BACK INTO THE EEZ TO RECOVER
THE CURRENT METERS, YOU SHOULD RESPOND THAT THE KANE WILL
RETRIEVE THEM WITHIN 30 DAYS. YOU SHOULD STATE THESE
CURRENT METERS ARE NOT PERMANENTLY FIXED MONITORING
FACILITIES, AS ALLEGED BY GOS OFFICIALS, BUT ARE METERS
THAT ARE COLLECTING DATA ON BALTIC CURRENTS AND WILL BE
RETRIEVED TO OBTAIN THE DATA COLLECTED.

IF PRESSED THAT CORING IS MSR, YOU SHOULD RESPOND THAT
CORING ACTIVITIES FOR RESEARCH ARE MSR, BUT CORING
ACTIVITIES FOR MILITARY PURPOSES CONSTITUTE A MILITARY
SURVEY ACTIVITY. YOU MAY EXPLAIN THAT, WHILE THE MEANS OF
DATA COLLECTION USED IN MILITARY SURVEYS MAY SOMETIMES BE
THE SAME AS THAT USED IN MSR, INFORMATION FROM SUCH
ACTIVITIES, REGARDLESS OF SECURITY CLASSIFICATION, IS
INTENDED NOT FOR USE BY THE GENERAL SCIENTIFIC COMMUNITY,
BUT BY THE MILITARY. END TALKING POINTS.


6. (U) BEGIN TEXT:

SURVEY ACTIVITIES IN THE EXCLUSIVE ECONOMIC ZONE

SUMMARY
--------------

THE UNITED STATES RECOGNIZES THE RIGHT OF SWEDEN TO
REQUIRE PRIOR PERMISSION FOR FOREIGN SHIPS TO CONDUCT
MARINE SCIENTIFIC RESEARCH (MSR) IN ITS EXCLUSIVE ECONOMIC
ZONE (EEZ). THE UNITED STATES IS PLEASED TO PROVIDE THE
FOLLOWING EXPLANATION WHY HYDROGRAPHIC SURVEYS AND
MILITARY SURVEY ACTIVITIES ARE NOT MSR AND DO NOT REQUIRE
PRIOR NOTIFICATION TO OR THE PERMISSION OF THE COASTAL
STATE BEFORE OTHER STATES MAY CONDUCT SUCH SURVEYS IN THE
EEZ.

THE LAW OF THE SEA CONVENTION
-------------- , --------------

INTERNATIONAL LAW, AS REFLECTED IN THE 1982 UNITED NATIONS
CONVENTION ON THE LAW OF THE SEA (LOS CONVENTION),
AUTHORIZES COASTAL STATES TO CLAIM LIMITED RIGHTS AND
JURISDICTION IN AN EEZ. THE JURISDICTIONAL RIGHTS RELATE
PRIMARILY TO THE EXPLORATION, EXPLOITATION, AND
CONSERVATION OF NATURAL RESOURCES, MSR, AND THE MARINE
ENVIRONMENT. BEYOND THE TERRITORIAL SEA (IN WHICH THE
COASTAL STATE ENJOYS FULL SOVEREIGNTY),ALL STATES ENJOY
THE FREEDOMS OF NAVIGATION AND OVERFLIGHT AND OTHER
RELATED USES OF THE SEA WITHIN THE EEZ, PROVIDED THAT THEY
DO SO WITH DUE REGARD TO THE RIGHTS OF THE COASTAL STATE
AND OTHER STATES. SEE ARTICLE 58 OF THE LOS CONVENTION.

SURVEY ACTIVITIES VS. MARINE SCIENTIFIC RESEARCH
-------------- , -------------- ---

THE RIGHTS ALL STATES ENJOY INCLUDE THE RIGHT TO CONDUCT
SURVEY ACTIVITIES WITHIN THE EEZ. SURVEY ACTIVITIES ARE
NOT MSR. THE LOS CONVENTION DISTINGUISHES CLEARLY BETWEEN
THE CONCEPTS OF "RESEARCH" AND "MSR" ON THE ONE HAND AND
"HYDROGRAPHIC SURVEYS" AND "SURVEY ACTIVITIES" ON THE
OTHER HAND. ARTICLE 19(2)(J) OF THE LOS CONVENTION
INCLUDES "RESEARCH OR SURVEY ACTIVITIES" AS INCONSISTENT
WITH INNOCENT PASSAGE IN THE TERRITORIAL SEA. ARTICLE
21(1)(G) AUTHORIZES THE COASTAL STATE TO ADOPT LAWS AND
REGULATIONS, IN CONFORMITY WITH THE PROVISIONS OF THE
CONVENTION AND OTHER RULES OF INTERNATIONAL LAW, RELATING

TO INNOCENT PASSAGE THROUGH THE TERRITORIAL SEA IN RESPECT
OF "MARINE SCIENTIFIC RESEARCH AND HYDROGRAPHIC SURVEYS".
ARTICLE 40, ENTITLED "RESEARCH AND SURVEY ACTIVITIES,"
PROVIDES THAT IN TRANSIT PASSAGE THROUGH STRAITS USED FOR
INTERNATIONAL NAVIGATION, FOREIGN SHIPS, INCLUDING "MARINE
SCIENTIFIC RESEARCH AND HYDROGRAPHIC SURVEY SHIPS", MAY
NOT CARRY OUT "ANY RESEARCH OR SURVEY ACTIVITIES" WITHOUT
THE PRIOR AUTHORIZATION OF THE STATES BORDERING STRAITS.
THE SAME RULE APPLIES TO SHIPS ENGAGED IN ARCHIPELAGIC SEA
LANES PASSAGE (ARTICLE 54).

ON THE OTHER HAND, PART XIII OF THE LOS CONVENTION FULLY
REGULATES MARINE SCIENTIFIC RESEARCH; IT DOES NOT REFER TO
SURVEY ACTIVITIES AT ALL. ARTICLE 246 OF THE LOS
CONVENTION PROVIDES THAT COASTAL STATES, IN THE EXERCISE
OF THEIR JURISDICTION WITHIN THE EEZ, HAVE THE RIGHT TO
REGULATE, AUTHORIZE AND CONDUCT MSR IN ACCORDANCE WITH THE
RELEVANT PROVISIONS OF THE CONVENTION. IT SPECIFIES THAT
MSR IN THE EEZ SHALL BE CONDUCTED WITH THE CONSENT OF THE
COASTAL STATE. SWEDEN HAS SO PROVIDED IN PARAGRAPH 9 OF
LAW SFS 1992:1140.

AND WHILE THE CONVENTION, BY ITS TERMS, LIMITS SURVEY
ACTIVITIES DURING PASSAGE IN THE TERRITORIAL SEA,
INTERNATIONAL STRAITS AND ARCHIPELAGIC SEA LANES, THE
CONVENTION DOES NOT LIMIT THE ACTIVITIES OF SURVEY SHIPS
IN THE EEZ. RATHER, THE CONDUCT OF SURVEYS IN THE EEZ IS
AN EXERCISE OF THE FREEDOMS OF NAVIGATION AND OTHER
INTERNATIONALLY LAWFUL USES OF THE SEA RELATED TO THOSE
FREEDOMS, SUCH AS THOSE ASSOCIATED WITH THE OPERATIONS OF
SHIPS, WHICH ARTICLE 58 OF THE LOS CONVENTION GUARANTEES
TO ALL STATES.

INDEED, SWEDEN HAS RECOGNIZED THIS RIGHT IN PARAGRAPH 10
OF LAW SFS 1992:1140, WHICH IN ENGLISH TRANSLATION READS
"THIS LAW, AS WELL AS THE PROVISIONS AND CONDITIONS WHICH
ARE TRANSMITTED IN SUPPORT OF THE LAW. SHALL NOT CONTAIN
ANY RESTRICTION OF THE EXISTING RIGHTS IN ACCORDANCE WITH
INTERNATIONAL LAW FOR FREEDOM OF NAVIGATION IN THE
EXCLUSIVE ECONOMIC ZONE, FOR OVERFLIGHT OF THE ZONE, OR
FOR PLACEMENT OF CABLES AND PIPELINES IN THE ZONE, OR FOR
ANY OTHER RIGHTS WHICH ARE COMMONLY ACCEPTED PRINCIPLES OF
INTERNATIONAL LAW."

THIS CONCLUSION, THAT MSR IS DISTINCT FROM SURVEY
ACTIVITIES, IS SUPPORTED BY OTHER RESPECTED PUBLICATIONS
ON THIS SUBJECT. FOR EXAMPLE, A 1991 PUBLICATION
PREPARED BY THE UN OFFICE FOR OCEAN AFFAIRS AND THE LAW OF

THE SEA, ENTITLED "THE LAW OF THE SEA: MARINE SCIENTIFIC
RESEARCH: A GUIDE TO THE IMPLEMENTATION OF THE RELEVANT
PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE LAW OF
THE SEA" (UN PUBLICATION SALES NO. E.91.V.3),NOTES THAT
"'SURVEY ACTIVITIES' ... ARE PRIMARILY DEALT WITH IN OTHER
PARTS ... OF THE CONVENTION RATHER THAN IN PART XIII.
THIS COULD INDICATE THAT THESE ACTIVITIES DO NOT FALL
UNDER THE REGIME OF PART XIII." (PAGE 1).

PROFESSOR ALFRED H.A. SOONS, DIRECTOR OF THE NETHERLANDS
INSTITUTE FOR THE LAW OF THE SEA, IN HIS BOOK "MARINE
SCIENTIFIC RESEARCH AND THE LAW OF THE SEA" (1982),HAS
WRITTEN: "FROM ARTICLES 19, 21 AND 40, WHICH USE THE TERM
'HYDROGRAPHIC SURVEYING' SEPARATELY FROM 'RESEARCH', IT
FOLLOWS THAT THE TERM "MARINE SCIENTIFIC RESEARCH'. FOR
THE PURPOSES OF THE DRAFT CONVENTION, DOES NOT COVER
HYDROGRAPHIC SURVEYING ACTIVITIES." (PAGE 125) LATER IN
THE SAME BOOK, PROFESSOR SOONS WROTE: "WITH RESPECT TO
HYDROGRAPHIC SURVEYING (AN ACTIVITY WHICH IS NOT TO BE
CONSIDERED MARINE SCIENTIFIC RESEARCH, ALTHOUGH IT IS
SOMEWHAT SIMILAR TO IT ...),IT IS SUBMITTED THAT THIS
ACTIVITY, WHEN IT IS CONDUCTED FOR THE PURPOSE OF
ENHANCING THE SAFETY OF NAVIGATION ... , MUST BE REGARDED
AS AN INTERNATIONALLY LAWFUL USE OF THE SEA ASSOCIATED
WITH THE OPERATIONS OF SHIPS ... IN ACCORDANCE WITH
ARTICLE 58, AND CAN THEREFORE BE CONDUCTED FREELY IN THE
EXCLUSIVE ECONOMIC ZONE....." (PAGE 157)

DEFINITIONS
--------------

THE LOS CONVENTION DOES NOT DEFINE THE TERMS "MARINE
SCIENTIFIC RESEARCH", "SURVEY ACTIVITIES", "HYDROGRAPHIC
SURVEY", OR "MILITARY SURVEY". HOWEVER, THE CONCEPTS ARE
DISTINCT.

THE UNITED STATES ACCEPTS THAT "MARINE SCIENTIFIC
RESEARCH" IS THE GENERAL TERM MOST OFTEN USED TO DESCRIBE
THOSE ACTIVITIES UNDERTAKEN IN THE OCEAN AND COASTAL
WATERS TO EXPAND SCIENTIFIC KNOWLEDGE OF THE MARINE
ENVIRONMENT. MSR INCLUDES OCEANOGRAPHY, MARINE BIOLOGY,
FISHERIES RESEARCH, SCIENTIFIC OCEAN DRILLING AND CORING,
GEOLOGICAL/GEOPHYSICAL SCIENTIFIC SURVEYING, AS WELL AS
OTHER ACTIVITIES WITH A SCIENTIFIC PURPOSE.

THE GENERALLY ACCEPTED MODERN INTERNATIONAL INTERPRETATION
OF "HYDROGRAPHIC SURVEY", WHICH IS SHARED BY THE UNITED
STATES, IS TO OBTAIN INFORMATION FOR THE MAKING OF

NAVIGATIONAL CHARTS AND SAFETY OF NAVIGATION. IT INCLUDES
DETERMINATION OF ONE OR MORE OF SEVERAL CLASSES OF DATA IN
COASTAL OR RELATIVELY SHALLOW AREAS--DEPTH OF WATER,
CONFIGURATION AND NATURE OF THE NATURAL BOTTOM, DIRECTIONS
AND FORCE OF CURRENTS, HEIGHTS AND TIMES OF TIDES AND
WATER STAGES, AND HAZARDS FOR NAVIGATION--FOR THE
PRODUCTION OF NAUTICAL CHARTS AND SIMILAR PRODUCTS TO
SUPPORT SAFETY OF NAVIGATION.

THE UNITED STATES CONSIDERS THAT MILITARY SURVEYS REFER TO
ACTIVITIES UNDERTAKEN IN THE OCEAN AND COASTAL WATERS
INVOLVING MARINE DATA COLLECTION (WHETHER OR NOT
CLASSIFIED) FOR MILITARY PURPOSES. MILITARY SURVEYS CAN
INCLUDE OCEANOGRAPHIC, MARINE GEOLOGICAL, GEOPHYSICAL,
CHEMICAL, BIOLOGICAL AND ACOUSTIC DATA. EQUIPMENT USED
CAN INCLUDE FATHOMETERS, SWATH BOTTOM MAPPERS, SIDE SCAN
SONARS, BOTTOM GRAB AND CORING SYSTEMS, CURRENT METERS AND
PROFILERS. WHILE THE MEANS OF DATA COLLECTION USED IN
MILITARY SURVEYS MAY SOMETIMES BE THE SAME AS THAT USED IN
MSR, INFORMATION FROM SUCH ACTIVITIES, REGARDLESS OF
SECURITY CLASSIFICATION, IS INTENDED NOT FOR USE BY THE
GENERAL SCIENTIFIC COMMUNITY, BUT BY THE MILITARY.

MILITARY SURVEYS ARE NOT SPECIFICALLY ADDRESSED IN THE LOS
CONVENTION AND THERE IS NO LANGUAGE STATING OR IMPLYING
THAT MILITARY SURVEYS MAY BE REGULATED IN ANY MANNER BY
COASTAL STATES OUTSIDE THEIR TERRITORIAL SEA OR
ARCHIPELAGIC WATERS. THE UNITED STATES THEREFORE
CONSIDERS IT TO BE FULLY CONSISTENT WITH THE LOS
CONVENTION THAT SUCH SURVEYS ARE A HIGH SEAS FREEDOM AND
THE UNITED STATES RESERVES THE RIGHT TO ENGAGE IN MILITARY
SURVEYS ANYWHERE OUTSIDE FOREIGN TERRITORIAL SEAS AND
ARCHIPELAGIC WATERS. TO PROVIDE PRIOR NOTICE OR REQUEST
PERMISSION WOULD CREATE AN ADVERSE PRECEDENT FOR
RESTRICTIONS ON MOBILITY AND FLEXIBILITY OF MILITARY
SURVEY OPERATIONS.

THESE DEFINITIONS CLEARLY DISTINGUISH BETWEEN MSR, WHICH
THE COASTAL STATE CAN REGULATE, AND HYDROGRAPHIC SURVEY
AND MILITARY SURVEY ACTIVITIES, WHICH ARE FREEDOMS THE
COASTAL STATE CANNOT REGULATE OUTSIDE ITS TERRITORIAL SEA.

MILITARY ACTIVITIES
--------------

THERE MAY BE SOME QUESTION AS TO THE CONDUCT OF "MILITARY
ACTIVITIES" IN THE EEZ WITHOUT COASTAL STATE CONSENT. IN
THE VIEW OF THE UNITED STATES, THE LOS CONVENTION
RECOGNIZES THAT ALL STATES HAVE THE RIGHT TO CONDUCT
MILITARY ACTIVITIES WITHIN THE EEZ, PROVIDED THAT THEY DO
SO WITH DUE REGARD TO THE RIGHTS OF THE COASTAL STATE AND
OTHER STATES. APPROPRIATE ACTIVITIES INCLUDE LAUNCHING
AND LANDING OF AIRCRAFT, OPERATING MILITARY DEVICES,
INTELLIGENCE COLLECTION, WEAPONS EXERCISES, AND MILITARY
SURVEYS. THERE IS NO GENERAL COMPETENCE OF THE COASTAL
STATE OVER MILITARY ACTIVITIES IN THE EEZ. IT FOLLOWS
THAT MILITARY SURVEY ACTIVITIES CONDUCTED OUTSIDE FOREIGN
TERRITORIAL SEAS ARE NOT SUBJECT TO COASTAL STATE
REGULATION. SEE ARTICLE 56 OF THE LOS CONVENTION AND
OXMAN, THE REGIME OF WARSHIPS UNDER THE UNITED NATIONS
CONVENTION ON THE LAW OF THE SEA, VIRGINIA JOURNAL OF
INTERNATIONAL LAW, VOL. 24, AT PAGE 847 (1984).

U.S. MILITARY SURVEY VESSELS
--------------

THE USNS KANE IS ONE OF A CLASS OF U.S. NAVAL AUXILIARY
VESSELS (T-AGS) DESIGNED FOR AND OPERATING AS MILITARY
SURVEY VESSELS. THE U.S. GOVERNMENT EXERCISES OUR HIGH
SEAS FREEDOMS WITH RESPECT TO MILITARY SURVEY ACTIVITY IN
THE EEZ OF COASTAL STATES WORLDWIDE CONSISTENT WITH
INTERNATIONAL LAW AS REFLECTED IN THIS PAPER.


CHRISTOPHER