[Title 32 CFR I]
[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 A - UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS]
[Part 700 - UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS]
[Subpart I - The Senior Officer Present]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE52002-07-012002-07-01falseISubpart INATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE NAVYUNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDSUNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS
                  Subpart I--The Senior Officer Present

                                Contents



Sec. 700.901  The senior officer present.

    Unless some other officer has been so designated by competent 
authority, the ``senior officer present'' is the senior line officer of 
the Navy on active duty, eligible for command at sea, who is present and 
in command of any part of the Department of the Navy in the locality or 
within an area prescribed by competent authority, except where personnel 
of both the Navy and the Marine Corps are present on shore and the 
officer of the Marine Corps who is in command is senior to the senior 
line officer of the Navy. In such cases, the officer of the Marine Corps 
shall be the senior officer present on shore.



Sec. 700.902  Eligibility for command at sea.

    All officers of the line of the Navy, including Naval Reserve, on 
active duty, except those designated for the performance of engineering, 
aeronautical engineering or special duties, and except those limited 
duty officers who are not authorized to perform all deck duties afloat, 
are eligible for command at sea.



Sec. 700.903  Authority and responsibility.

    At all times and places not excluded in these regulations, or in 
orders from competent authority, the senior officer present shall assume 
command and direct the movements and efforts of all persons in the 
Department of the Navy present, when, in his or her judgment, the 
exercise of authority for the purpose of cooperation or otherwise is 
necessary. The senior officer present shall exercise this authority in a 
manner consistent with the operational command responsibility vested in 
the commanders of unified or specified commands.



Sec. 700.904  Authority of senior officer of the Marine Corps present.

    The authority and responsibility of the senior officer present are 
also conferred upon the senior commanding officer of the Marine Corps 
present with respect to those units of the Marine Corps, including Navy 
personnel attached, which are in the locality and not under the 
authority of the senior officer present.



Sec. 700.922  Shore patrol.

    (a) When liberty is granted to any considerable number of persons, 
except in an area that can absorb them without danger of disturbance or 
disorder, the senior officer present shall cause to be established, 
temporarily or permanently, in charge of an officer, a sufficient patrol 
of officers, petty officers, and noncommissioned officers to maintain 
order and suppress any unseemly conduct on the part of any person on 
liberty. The senior patrol officer shall communicate with the chief of 
police or other local officials and make such arrangements as may be 
practicable to aid the patrol in carrying out its duties properly. Such 
duties may include providing assistance to military personnel in 
relations with civil courts and police, arranging for release of service 
personnel from civil authorities to the parent command, and providing 
other services that favorably influence discipline and morale.
    (b) A patrol shall not be landed in any foreign port without first 
obtaining the consent of the proper local officials. Tact must be used 
in requesting permission; and, unless it is given willingly and 
cordially, the patrol shall not be landed. If consent cannot be 
obtained, the size of liberty parties shall be held to such limits as 
may be necessary to render disturbances unlikely.
    (c) Officers and enlisted personnel on patrol duty in a foreign 
country normally should not be armed. In the United States, officers and 
men may be armed as prescribed by the senior officer present.
    (d) No officer or enlisted person who is a member of the shore 
patrol or beach guard, or is assigned in support thereof, shall partake 
of or indulge in any form of intoxicating beverage or

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other form of intoxicant while on duty, on post, or at other times 
prescribed by the senior patrol officer. The senior patrol officer shall 
ensure that the provisions of this paragraph are strictly observed and 
shall report promptly in writing to the senior officer present all 
violations of these provisions that may come to his or her notice. All 
officers and enlisted personnel of the patrol shall report to the senior 
patrol officer all violations of the provisions of this paragraph on the 
part of those under them.



Sec. 700.923  Precautions for health.

    The senior officer present shall take precautions to preserve the 
health of the persons under his or her authority. He or she shall obtain 
information regarding the healthfulness of the area and medical 
facilities available therein and shall adopt such measures as are 
required by the situation.



Sec. 700.924  Medical or dental aid to persons not in the naval service.

    The senior officer present may require the officers of the Medical 
Corps and Dental Corps under his or her authority to render emergency 
professional aid to persons not in the naval service when such aid is 
necessary and demanded by the laws of humanity or the principles of 
international courtesy.



Sec. 700.934  Exercise of power of consul.

    When upon the high seas or in any foreign port where there is no 
resident consul of the United States, the senior officer present afloat 
has the authority to exercise all powers of a consul in relation to 
mariners of the United States.



Sec. 700.939  Granting of asylum and temporary refuge.

    (a) If an official of the Department of the Navy is requested to 
provide asylum or temporary refuge, the following procedures shall 
apply:
    (1) On the high seas or in territories under exclusive United States 
jurisdiction (including territorial seas, the Commonwealth of Puerto 
Rico, territories under United States administration, and possessions):
    (i) At his or her request, an applicant for asylum will be received 
on board any naval aircraft or waterborne craft, Navy or Marine Corps 
activity or station.
    (ii) Under no circumstances shall the person seeking asylum be 
surrendered to foreign jurisdiction or control, unless at the personal 
direction of the Secretary of the Navy or higher authority. Persons 
seeking political asylum should be afforded every reasonable care and 
protection permitted by the circumstances.
    (2) In territories under foreign jurisdiction (including foreign 
territorial seas, territories, and possessions):
    (i) Temporary refuge shall be granted for humanitarian reasons on 
board a naval aircraft or waterborne craft, Navy or Marine Corps 
activity or station, only in extreme or exceptional circumstances 
wherein life or safety of a person is put in imminent danger, such as 
pursuit by a mob. When temporary refuge is granted, such protection 
shall be terminated only when directed by the Secretary of the Navy or 
higher authority.
    (ii) A request by foreign authorities for return of custody of a 
person under the protection of temporary refuge will be reported to the 
CNO or Commandant of the Marine Corps. The requesting foreign 
authorities will be informed that the case has been referred to higher 
authorities for instructions.
    (iii) Persons whose temporary refuge is terminated will be released 
to the protection of the authorities designated in the message 
authorizing release.
    (iv) While temporary refuge can be granted in the circumstances set 
forth above, permanent asylum will not be granted.
    (v) Foreign nationals who request assistance in forwarding requests 
for political asylum in the United States will not be received on board, 
but will be advised to apply in person at the nearest American Embassy 
or Consulate. If a foreign national is already on board, however, such 
person will not be surrendered to foreign jurisdiction or control unless 
at the personal direction of the Secretary of the Navy.
    (3) The Chief of Naval Operations or Commandant of the Marine Corps, 
as

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appropriate, will be informed by the most expeditious means of all 
action taken pursuant to paragraphs (a)(1)(i) and (a)(1)(ii) of this 
section, as well as the attendant circumstances. Telephone or voice 
communications will be used where possible, but must be confirmed as 
soon as possible with an immediate precedence message, information to 
the Secretary of State (for actions taken pursuant to paragraphs 
(a)(2)(i) and (a)(2)(v) of this section, also make the appropriate 
American Embassy or Consular Office an information addressee). If 
communication by telephone or voice is not possible, notification will 
be effected by an immediate precedence message, as described above. The 
Chief of Naval Operations or Commandant of the Marine Corps will cause 
the Secretary of the Navy and the Deputy Director for Operations of the 
National Military Command Center to be notified without delay.
    (b) Personnel of the Department of the Navy shall neither directly 
nor indirectly invite persons to seek asylum or temporary refuge.