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OCR Page 1 of 62
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
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