    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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 environ-

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    ment 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:
    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.

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    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.
    DONALD J. TRUMP