[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Presidential Documents]
[Pages 59165-59166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20847]



[[Page 59163]]

Vol. 85

Friday,

No. 182

September 18, 2020

Part V





The President





-----------------------------------------------------------------------



Proclamation 10071--Revision to United States Marine Scientific 
Research Policy



Proclamation 10072--Patriot Day, 2020
 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 85 , No. 182 / Friday, September 18, 2020 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

[[Page 59165]]

                Proclamation 10071 of September 9, 2020

                
Revision to United States Marine Scientific 
                Research Policy

                By the President of the United States of America

                A Proclamation

                The United Nations Convention on the Law of the Sea of 
                10 December 1982 (Convention) generally reflects 
                customary international law. Section 3 of Part XIII of 
                the Convention provides that coastal states, in the 
                exercise of their jurisdiction, have the right to 
                regulate, authorize, and conduct marine scientific 
                research in their Exclusive Economic Zone (EEZ) and on 
                their continental shelf. Marine scientific research in 
                the EEZ or on the continental shelf shall be conducted 
                with the consent of the coastal state.

                In Proclamation 5030 of March 10, 1983 (Exclusive 
                Economic Zone of the United States of America), the 
                President announced the establishment of the EEZ of the 
                United States. The Proclamation asserts the sovereign 
                rights and jurisdiction of the United States in its EEZ 
                and confirms the rights and freedoms of all states, as 
                provided under international law. In an accompanying 
                Presidential Statement of March 10, 1983 (United States 
                Oceans Policy), the President acknowledged that 
                international law allows coastal states to exercise 
                jurisdiction over marine scientific research in their 
                respective EEZs, but stated that the United States had 
                elected not to do so to the fullest extent permitted 
                under international law, in an effort to encourage such 
                research. Presidential Decision Directive-36 of April 
                5, 1995 (United States Policy on Protecting the Ocean 
                Environment), emphasizes that the policy of the United 
                States is to protect and monitor the ocean and coastal 
                environment and conserve living marine resources, 
                recognizing that doing so, in an open and collaborative 
                manner, supports our economic and national security 
                interests.

                In Executive Order 13840 of June 19, 2018 (Ocean Policy 
                to Advance the Economic, Security, and Environmental 
                Interests of the United States), I reaffirmed that the 
                United States will continue to promote lawful use of 
                the ocean by agencies, including the Armed Forces, and 
                that the United States will continue to exercise its 
                rights and jurisdiction and perform duties in 
                accordance with applicable international law, including 
                customary international law. Further, the United States 
                will use the best available ocean-related science and 
                knowledge, in partnership with the science and 
                technology communities, to inform decisions and enhance 
                entrepreneurial opportunities. In the Presidential 
                Memorandum of November 19, 2019 (Ocean Mapping of the 
                United States Exclusive Economic Zone and the Shoreline 
                and Nearshore of Alaska), I affirmed the importance of 
                understanding our ocean systems and natural resources 
                to our security, economic, and environmental interests.

                Likewise, the exercise of jurisdiction by the United 
                States over marine scientific research in its EEZ and 
                on its continental shelf will result in greater access 
                to data collected during such research and will 
                increase maritime domain awareness, thereby reducing 
                potential exposure to security, economic, and 
                environmental risks.

                NOW, THEREFORE, I, DONALD J. TRUMP, President of the 
                United States of America, by virtue of the authority 
                vested in me by the Constitution and the laws of the 
                United States, do hereby proclaim the following:

[[Page 59166]]

                Section 1. Policy. The United States will exercise its 
                right to regulate, authorize, and conduct marine 
                scientific research, with a specific requirement to 
                authorize, in advance, all instances of foreign marine 
                scientific research, in the United States EEZ and on 
                its continental shelf to the extent permitted under 
                international law.

                Sec. 2. Implementation. The Secretary of State 
                (Secretary) shall have lead responsibility for 
                implementing this proclamation, in consultation with 
                relevant executive departments and agencies (agencies) 
                and with the Ocean Policy Committee established in 
                Executive Order 13840 (Ocean Policy Committee).

                Sec. 3. Intelligence. The Intelligence Community of the 
                Federal Government shall support the implementation of 
                this proclamation, as appropriate.

                Sec. 4. Information Sharing. To facilitate the process 
                for reviewing applications for marine scientific 
                research, agencies not part of the Intelligence 
                Community shall share information related to marine 
                scientific research with the Department of State, to 
                the maximum extent authorized by law.

                Sec. 5. Termination. This proclamation shall remain in 
                effect until terminated by the President. At any time, 
                but not less frequently than every 2 years from the 
                date of this proclamation, the Secretary may recommend 
                that the President modify or terminate this 
                proclamation. Any such recommendation by the Secretary 
                shall be coordinated with the National Security Council 
                staff and the Ocean Policy Committee.

                Sec. 6. General Provisions. (a) Nothing in this 
                proclamation shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This proclamation shall be implemented 
                consistent with applicable law and subject to the 
                availability of appropriations.
                    (c) This proclamation is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                ninth day of September, in the year of our Lord two 
                thousand twenty, and of the Independence of the United 
                States of America the two hundred and forty-fifth.
                
                
                    (Presidential Sig.)

[FR Doc. 2020-20847
Filed 9-17-20; 11:15 am]
Billing code 3295-F0-P