ADMINISTRATIVE MESSAGE ROUTINE R 182335Z DEC 02 ZYB MIN PSN 045017J17 FM CNO WASHINGTON DC//N3N5// TO NAVADMIN UNCLAS NAVADMIN 408/02 MSGID/GENADMIN/CNO WASHINGTON DC/-/DEC// SUBJ/SOVEREIGN IMMUNITY POLICY// REF/A/DOC/CNO/01OCT1995// REF/B/DOC/SECNAV/14SEP1990// REF/C/DOC/SECNAV/24JAN1992// REF/D/MSG/CNO/101555ZOCT1989// NARR/REF A IS PARAS. 2.1.2 AND 3.2.3 OF NWP-1-14M. REF B IS ARTS 0828, 0859 AND 0869 OF US NAVREGS 1990. REF C IS SECNAVINST 6210.2A, QUARANTINE REGULATIONS OF THE ARMED FORCES. REF D IS NAVOP 122/89/ SUBJ: CREW LIST POLICY.// POC/CAPT DAVID HAYES/N3N5L/-/- /EMAIL:HAYES.DAVID@HQ.NAVY.MIL (SIPR-CNO.NAVY.SMIL.MIL)// RMKS/1. THE RULES REGARDING SOVEREIGN IMMUNITY ARE WELL KNOWN TO NAVY PERSONNEL IN THE CONTEXT OF OUR DEPLOYMENTS AROUND THE GLOBE. THEY ARE EQUALLY APPLICABLE TO VISITS OF FOREIGN MILITARY WARSHIPS, AIRCRAFT AND OTHER VESSELS TO THE UNITED STATES AND MUST BE UNDERSTOOD BY ALL NAVY PERSONNEL, PARTICULARLY THOSE PERSONNEL ASSOCIATED WITH FOREIGN SHIPS VISITS. 2. U.S. MILITARY AIRCRAFT, WARSHIPS, AND AUXILIARIES (INCLUDING USNS VESSELS AND AFLOAT PRE-POSITIONED FORCE SHIPS), AND THEIR CREWS AND PASSENGERS WHEN ABOARD THE VESSELS AND AIRCRAFT, ENJOY SOVEREIGN IMMUNITY FROM ACTIONS BY FOREIGN GOVERNMENTAL AUTHORITIES. THIS IMMUNITY, WHICH IS REFLECTED IN REFS A THROUGH D, PRECLUDES THE EXERCISE OF POLICE POWER AND ENFORCEMENT OF HEALTH, CUSTOMS, IMMIGRATION, TAX, AND MILITARY REGULATIONS OVER US WARSHIPS, AUXILIARIES AND AIRCRAFT OR THEIR CREW OR PASSENGERS. SOVEREIGN IMMUNITY ALSO PROHIBITS FOREIGN GOVERNMENTAL ACTION SUCH AS ARREST, SEARCH, SEIZURE, INSPECTION, DETENTION AND THE EXERCISE OF AUTHORITY OVER THE PASSENGERS AND CREW WHEN EMBARKED, OR WITH RESPECT TO OFFICIAL OR PRIVATE ACTS PERFORMED ON BOARD. THESE SOVEREIGN IMMUNITY PROVISIONS APPLY WHETHER IN FOREIGN TERRITORY, FOREIGN TERRITORIAL SEAS/AIRSPACE, OR IN INTERNATIONAL WATERS/AIRSPACE. 3. SIMILARLY, FOREIGN MILITARY WARSHIPS AND AIRCRAFT VISITING THE UNITED STATES ARE ENTITLED TO THE VERY SAME IMMUNITIES. WHILE THESE IMMUNITIES ARE COVERED BY PRINCIPLES OF INTERNATIONAL LAW, INTERNATIONAL AGREEMENTS SUCH AS THE NATO SOFA, FOR EXAMPLE, MAY ALSO APPLY AND BE IMPORTANT TO A COMPLETE UNDERSTANDING OF THE PROCEDURES AND COURTESIES AFFORDED TO OUR VISITING FRIENDS AND ALLIES. IT IS INCUMBENT ON NAVY PERSONNEL TO AID OTHER FEDERAL, STATE, AND LOCAL AGENCIES IN UNDERSTANDING SOVEREIGN IMMUNITY PRINCIPLES AND TO WORK WITH FEDERAL, STATE, AND LOCAL AGENCY PERSONNEL TO ENSURE THESE PRINCIPLES ARE RESPECTED AND ADHERED TO. ALSO, IT IS IMPORTANT TO ENSURE THIS UNDERSTANDING IS CONVEYED IN ADVANCE OF A PORT VISIT SO NO MISUNDERSTANDINGS OCCUR WHILE A FOREIGN SHIP IS COMPLETING PORT ARRIVAL PROCEDURES. BY DEVELOPING CLOSE RELATIONSHIPS WITH FEDERAL CIVIL AGENCIES SUCH AS INS, CUSTOMS AND DEPARTMENT OF AGRICULTURE, AND OTHER STATE AND LOCAL AUTHORITIES, AND BY PROVIDING EARLY AND THOROUGH COORDINATION, INSTALLATION AND FLEET COMMANDERS CAN SERVE AN EFFECTIVE ADVANCE PLANNING, INTERMEDIARY AND LIAISON FUNCTION BETWEEN VISITING FOREIGN WARSHIPS AND AIRCRAFT AND U.S. CIVIL AUTHORITIES. DOING SO WILL ENSURE THAT SHIP AND AIRCRAFT VISITS BY OUR FRIENDS AND ALLIES ARE CONDUCTED IAW INTERNATIONAL LAW AND WITH THE SAME COURTESY AND EFFICIENCY THAT WE EXPECT WHEN U.S. NAVY SHIPS AND AIRCRAFT VISIT FOREIGN PORTS. 4. RELEASED BY VICE ADMIRAL KEVIN P. GREEN, USN, DCNO, N3N5 (PLANS, POLICY AND OPERATIONS).// BT NNNN