NSDD 72 United States Program for the Exercise of Navigation and Overflight Rights at Sea

SYSTEM II CONFIDENTIAL 90976 THE WHITE HOUSE CONF 'IDENTIAL WASHINGTON December 13, 1982 DECLASSIFIED NATIONAL SECURITY DECISION DIRECTIVE NUMBER 72 Authority BY CN NARA DATE 5/23/4 UNITED STATES PROGRAM FOR THE EXERCISE OF NAVIGATION AND OVERFLIGHT RIGHTS AT SEA (C) I have considered agency views and recommendations on the subject program and decided that the United States will continue to protect U.S. navigation, overflight, and related security interests in the seas through the vigorous exercise of its rights against excessive maritime claims. The current uncertainty in the law of the sea and the U.S. decision not to become a party to the Law of the Sea (LOS) Convention make all the more necessary a clear assertion of our rights and a revitalized and more effective navigation and overflight program. Accordingly, I have also decided that the following procedures be instituted immediately to implement this program. (C) U.S. interests are to be protected against the following categories of excessive maritime claims: 1. Those historic bay/historic water claims not recognized by the United States. (C) 2. Those continental territorial sea baseline claims not drawn in conformance with the LOS Convention. (C) 3. Those territorial seas claims exceeding three miles but not exceeding twelve miles in breadth that: a. overlap straits used for international navigation and do not permit transit passage in conformance with the LOS Convention, including submerged transit of submaries, overflight of military aircraft, and surface transit of warships/naval auxiliaries, without prior notification or authorization; or b. contain requirements for advance notification or authorization for warships/naval auxiliaries of apply dis- criminatory requirements to such vessels; or CONFIDENTIAL Declassify on: OADR CONFIDENTIAL cy I of 6 copies CHRON FILE