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2 UNCLASSIFIED Categories of Excessive Maritime Claims 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. 2. Those territorial sea baseline claims not drawn in conformance with the customary international law reflected in the Law of the Sea (LOS) Convention. 3. Those territorial sea claims not exceeding twelve nautical miles in breadth that: a. overlap straits used for international navigation and do not permit transit passage in conformance with the customary international law reflected in the LOS Convention, including submerged transit of submarines, overflight of military aircraft, and surface transit of warships/naval auxiliaries, without prior notification or authorization, and including transit in a manner of deployment consistent with the security of the forces involved; or b. contain requirements for advance notification or authorization for innocent passage of warships/naval auxiliaries or apply discriminatory requirements to such vessels; or C. apply special requirements, not recognized by international law, for innocent passage of nuclear-powered warships (NPW) or warships/naval auxiliaries carrying nuclear weapons or specific cargoes. 4. Territorial sea claims in excess of twelve nautical miles. (U) 5. Other claims to jurisdiction over maritime areas in excess of twelve nautical miles, such as security zones, that purport to restrict non-resource related high seas freedoms. 6. Those archipelagic claims that either: a. do not permit archipelagic sea lanes passage in conformance with the customary international law reflected in the LOS Convention, including submerged passage of submarines, overflight of military aircraft, and surface transit of INCLASSIFIED CONFIDENTIAL