February 28, 2017

U.S. Department of Defense
Freedom of Navigation (FON) Program
Historical Background
Since the founding of the nation, the United States has asserted a vital
national interest in preserving the freedom of the seas, calling on its militaryforces to protect that interest. One of the first missions of the U.S. Navy was todefend U.S. commercial vessels in the Atlantic Ocean and Mediterranean Sea
from pirates and other maritime threats. Similarly, President Woodrow Wilson
told Congress during his Fourteen Points speech that one of the universal
principles for which the United States and other nations were fighting WorldWar I was “absolute freedom of navigation upon the seas.” Likewise, months
before entering World War II, President Franklin Roosevelt declared “upon ournaval and air patrol…falls the duty of maintaining the American policy offreedom of the seas.” More recently, President Barack Obama added that theUnited States “will continue to fly, sail, and operate wherever international lawallows.” As history shows, the U.S. national interest in preserving the freedomof the seas is long-standing in nature and global in scope.
U.S. Freedom of Navigation Program
As stated in the U.S. Oceans Policy (1983), the United States “willexercise and assert its rights, freedoms, and uses of the sea on a worldwide
basis in a manner that is consistent with the balance of interests” reflected in
the Law of the Sea Convention. Some coastal States assert excessive maritime
claims -- that is, claims to maritime zones or jurisdiction that are inconsistent
with the international law of the sea and, if left unchallenged, could impinge on
the rights, freedoms, and uses of the sea and airspace guaranteed to all States
under international law. The United States, however, “will not…acquiesce inunilateral acts of other states designed to restrict the rights and freedom of theinternational community.”
Since 1979, U.S. Presidents have directed the U.S. Government to carryout a Freedom of Navigation (FON) Program to preserve this national interest.
The U.S. FON Program includes: (1) consultations and representations by U.S.
diplomats (i.e., U.S. Department of State), and (2) operational assertions byU.S. military forces (i.e., U.S. Department of Defense (DoD) FON Program).
DoD Freedom of Navigation Program
The DoD FON Program is comprehensive in scope and executed in an
even-handed manner, challenging excessive maritime claims based on principle
rather than identity of the coastal State asserting the claim. The DoD

challenges excessive maritime claims asserted by a wide variety of coastal
States including allies, partners, and other nations on a worldwide basis tomaintain global mobility of U.S. forces. The Program depends on theemployment of U.S. forces from each branch of the Military Services, including
the U.S. Coast Guard. The Program includes both planned FON assertions(i.e., operations that have the primary purpose of challenging excessivemaritime claims) and other FON-related activities (i.e., operations that havesome other primary purpose, but have a secondary effect of challenging
excessive maritime claims), to gain efficiencies in a fiscally-constrainedenvironment.
The Department executes the DoD FON Program lawfully andresponsibly. Activities conducted under the DoD FON Program are deliberatelyplanned, legally reviewed, properly approved, and conducted withprofessionalism.
Each year, the Department compiles an annual FON Report summarizing
operations conducted by U.S. forces, and identifying specific coastal States andexcessive maritime claims challenged in that year. The reports are publishedon the Department’s website and transparently demonstrate U.S. nonacquiescence to excessive maritime claims, while maintaining operational
security of U.S. military forces.

Website:http://policy.defense.gov/OUSDPOffices/FON.aspx

Point of Contact: Oceans Policy Advisor, Office of the Under Secretary of Defense (Policy)

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February 28, 2017

U.S. Department of Defense (DoD)
Freedom of Navigation (FON) Reportfor Fiscal Year (FY) 2016
Below is a summary of excessive maritime claims that were challenged by DoD
operational assertions and activities during the period of October 1, 2015 throughSeptember 30, 2016, in order to preserve the rights, freedoms, and uses of the sea
and airspace guaranteed to all nations under international law:
Claimant
Albania*
BrazilExcessive Maritime Claims
Prior authorization required for foreign warships to enter theterritorial sea (TTS); excessive straight baselines.
Consent required for military exercises or maneuvers in theexclusive economic zone (EEZ).

Cambodia

Excessive straight baselines.

China*

Excessive straight baselines; jurisdiction over airspace above theEEZ; restriction on foreign aircraft flying through an Air Defense
Identification Zone (ADIZ) without the intent to enter nationalairspace; domestic law criminalizing survey activity by foreign
entities in the EEZ; prior permission required for innocent passage
of foreign military ships through the TTS.

Croatia

Prior notification required for foreign warships to exercise innocent
passage in the TTS.

India*

Prior consent required for military exercises or maneuvers in theEEZ; security jurisdiction claimed in the contiguous zone.
Limits on archipelagic sea lane passage through normal routes
used for international navigation; prior notification
required for foreign warships to enter the TTS and archipelagicwaters; restriction on stopping, dropping anchor, or cruising
without legitimate reason in seas adjoining TTS.

Indonesia*

Iran*

Restrictions on right of transit passage through Strait of Hormuz toParties of the United Nations Convention on the Law of the Sea;
prohibition on foreign military activities and practices in the EEZ.

ItalyJapan

Claimed historic bay status for the Gulf of Taranto.
Excessive straight baselines.

Malaysia*

Prior authorization required for nuclear-powered ships to enter
the TTS; military exercises or maneuvers in the EEZ requires
prior consent.

Maldives*

Prior authorization required for foreign ships to enter the EEZ.
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U.S. Department of Defense
Freedom of Navigation Report
For Fiscal Year 2016

MaltaOman*

Pakistan*
Philippines*
South Korea
Taiwan*ThailandTunisia
Venezuela*
Vietnam*Passage by foreign warships through the TTS subject to priorconsent or prior notification.
Prior permission required for innocent passage of foreign military
ships through the TTS; requirement for innocent passage throughthe Strait of Hormuz (an international strait).
Prior consent required for foreign warships to conduct military
exercises or maneuvers in the EEZ.
Claims archipelagic waters as internal waters.
Excessive straight baselines; prior notification required for foreign
military or government vessels to enter the TTS.
Prior notification required for foreign military or government vessels
to enter the TTS.
Excessive straight baselines; consent required for military exercisesin the EEZ.
Excessive straight baselines.
Prior permission for overflight of the EEZ and Flight Identification
Region (FIR).
Prior notification required for foreign warships to enter the TTS.

Note: * designates multiple challenges to the claim(s) during the reporting period.

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