[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