Appendix I

Appendix I
FREEDOM OF NAVIGATION

Important U.S. navigation and overflight interests in the world's oceans continue to be challenged by the excessive claims of certain coastal states which assert maritime claims inconsistent with international law. Such excessive claims are contrary to the clear international consensus demonstrated by the entry into force of the UN Law of the Sea (LOS) Convention and the large number of States party to the Convention (107 States as of September 30, 1996). Although not yet a party to the LOS Convention, the United States views the navigational provisions of the Convention as reflective of customary international law and, as such, available for all nations to enjoy.

Despite these positive developments in the law of the sea, it remains necessary for maritime nations, like the United States, to protest excessive claims by coastal states through diplomatic channels and to exercise navigation and overflight rights in disputed areas. The United States Freedom of Navigation program has challenged excessive claims to counter any argument that such claims are valid due to acquiescence over time. Since its inception in 1979, the Freedom of Navigation program has filed over 100 diplomatic protests and conducted over 300 operational assertions against excessive claims.

In FY 1996, the U.S. armed forces conducted operational assertions against the excessive maritime claims of the countries listed in the table below. In addition, military vessels and aircraft frequently conducted routine transits on, over, and under international straits, such as the Straits of Gibraltar, Hormuz, and Malacca. Over 50 air, surface, and subsurface transits through the archipelagic sea lanes of Indonesia and the Philippines were conducted in accordance with the LOS Convention.

FY 1996 DOD OPERATIONAL ASSERTIONS

Country Excessive Claims Challenged

Bangladesh Excessive straight baselines; claimed security zone, claimed territorial airspace beyond
12 nautical miles (nm)

Burma Excessive straight baselines; claimed security zone, claimed territorial airspace beyond 12 nm

Cambodia Excessive straight baselines; claimed security zone, claimed territorial airspace beyond 12 nm

China Prior permission for warship to enter the territorial sea

Egypt Excessive straight baselines, prior permission to enter the territorial sea

India Prior permission for warship to enter the territorial sea

Iran Excessive straight baselines; prior permission for warship to enter the territorial sea

Maldives Excessive straight baselines; prior permission to enter the territorial sea

Oman Excessive straight baselines; prior permission to enter the territorial sea

Pakistan Prior permission for warships to enter the territorial sea

Philippines Excessive straight baselines; claims archipelagic waters as internal waters

Sudan Prior permission for warship to enter the territorial sea

Vietnam Excessive straight baselines; claimed security zone

Yemen Prior permission for warship to enter the territorial sea

FY 1996 DOD OPERATIONAL ASSERTIONS
Country	Excessive Claims Challenged
Bangladesh	Excessive straight baselines; claimed security zone, claimed territorial airspace beyond 12 nautical miles (nm)
Burma	Excessive straight baselines; claimed security zone, claimed territorial airspace beyond 12 nm
Cambodia	Excessive straight baselines; claimed security zone, claimed territorial airspace beyond 12 nm
China	Prior permission for warship to enter the territorial sea
Egypt	Excessive straight baselines, prior permission to enter the territorial sea
India	Prior permission for warship to enter the territorial sea
Iran	Excessive straight baselines; prior permission for warship to enter the territorial sea
Maldives	Excessive straight baselines; prior permission to enter the territorial sea
Oman	Excessive straight baselines; prior permission to enter the territorial sea
Pakistan	Prior permission for warships to enter the territorial sea
Philippines	Excessive straight baselines; claims archipelagic waters as internal waters
Sudan	Prior permission for warship to enter the territorial sea
Vietnam	Excessive straight baselines; claimed security zone
Yemen	Prior permission for warship to enter the territorial sea