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2000 
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Appendix H 

FREEDOM OF NAVIGATION 

r FREEDOM OF NAVIGATION 

For 20 years, the U.S. Freedom of Navigation program 

has ensured that excessive coastal state claims over the 

world's oceans and airspace are repeatedly challenged. 

By diplomatic protests and operational assertions, the 

United States has insisted upon adherence by the nations 

of the world to the international law of the sea, as 

reflected in the UN Law of the Sea Convention. A 

significant majority of countries ( 131) are now Parties 

to the Convention, and there is an encouraging trend 

toward the rolling-back of excessive maritime claims. 

Nonetheless, some coastal states continue to assert maritime claims inconsistent with international law, which 

left unchallenged would limit navigational freedoms 

vital to U.S. national security and essential to peaceful 

uses of the world's oceans. 

In FY 1999, U.S. armed forces conducted operational 

assertions challenging the excessive maritime claims as 

listed below. In addition, military vessels and aircraft 

frequently conducted routine transits through international straits, such as the Straits of Gibraltar, Hormuz, 

and Malacca. Air and surface units also transited the 

Indonesian Archipelago in archipelagic sea lanes 

passage on 22 occasions and transited the Philippine 

Archipelago by exercising high seas freedoms, transit 

passage, and innocent passage, as applicable, on 34 

occasions. Combined with robust and highly visible 

routine operations by U.S. forces on, over, and under the 

world's oceans, and strong United States support for the 

navigational provisions of the UN Law of the Sea Convention, Freedom of Navigation operations have continued to underscore the U.S. commitment to a stable 

legal regime for the world's oceans. 

On September 2, 1999, the Secretaries of Commerce 

and Navy, on behalf of the entire Cabinet, submitted to 

President Clinton a report entitled Turning to the Sea: 

America·s Ocean Future. This report sets forth the 

Cabinet's collective recommendations for U.S. oceans 

policy heading into the 21st century, and it includes a 

specific recommendation to expand the U.S. Freedom 

of Navigation program to exercise U.S. navigational 

rights and freedoms in areas of unacceptable maritime 

claims. Guided by this recommendation, the U.S. armed 

forces will make even greater efforts to assert U.S. navigation and overflight rights in order to promote both 

global stability and U.S. national security. 

FY 1999 DOD OPERATIONAL ASSERTIONS 

Country Excessive Claims Challenged 

Albania Prior permission for warship to enter the territorial sea 

Algeria Prior permission for warship to enter the territorial sea 

Cambodia Excessive straight baselines: claimed security zone; prior permission for warship to enter the 

territorial sea and security zone 

Djibouti Prior notification for nuclear-powered vessel to enter the territorial sea 

Ecuador 200 nautical mile (nm) territorial sea 

Egypt Prior permission for warship to enter the territorial sea 

El Salvador 200nm territorial sea 

India Prior notification for warship to enter the territorial sea: prior pem1ission required for military 

exercises and maneuvers in exclusive economic zone: Gulf of Manaar as historic waters 

Iran Excessive straight baselines; prior pennission for warship to enter the territorial sea 

Japan Excessive straight baselines 

Liberia 200nm territorial sea 

Malaysia Prior permission for military exercises in exclusive economic zone 

Malta Prior permission for warship to enter the territorial sea 

H-1 
Appendix H 

FREEDOM OF NAVIGATION 

FY 1999 DOD OPERATIONAL ASSERTIONS (Continued) 

Nicaragua 200nm territorial sea 

Pakistan Excessive straight baselines; claimed security zone 

Philippines Excessive straight baselines; claims archipelagic waters as internal waters 

Romania Prior permission for warships to enter the territorial sea 

Saudi Arabia Claimed security zone 

Seychelles Prior notification for warship to enter the territorial sea 

Sierra Leone 200nm territorial sea 

South Korea Excessive straight baselines 

Sri Lanka Prior permission for warships to enter the territorial sea; Gulf of Manaar as historic waters 

Sudan Claimed security zone 

Venezuela Claimed security zone 

Vietnam Excessive straight baselines; claimed security zone; prior permission for warship to enter the 

territorial sea and contiguous zone: warship must place weapons in nonoperative positions prior to 

entering contiguous zone; Gulf of Tonkin as historic waters 

Yemen Prior permission for nuclear-powered warship to enter the territorial sea; claimed security zone 

H-2