May 2004 

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U.S. Department of Defense 

Freedom of Navigation Report 

for Fiscal Years 2000-2003 

For over 20 years, the U.S. Freedom of Navigation Program has ensured that 

excessive coastal state claims over the world’s oceans and airspace are 

challenged. By State Department diplomatic protests and operational 

assertions conducted by the Department of Defense, the United States has 

insisted upon adherence by the nations of the world to the international law of 

the sea. A significant majority of countries (145, as of May 2004) are now 

Parties to the U.N. Convention on the Law of the Sea, 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, if left unchallenged, would limit 

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

uses of the world’s oceans. 

From Fiscal Year (FY) 2000 through FY 2003, U.S. armed forces conduct 

operational assertions challenging excessive maritime claims as listed below. 

In addition, air and surface units transited the Indonesian Archipelago (in 

archipelagic sea lanes passage) and the Philippine Archipelago (by exercising 

high seas freedoms, transit passage, and innocent passage rights, as 

applicable) on numerous occasions. Military vessels and aircraft also conduct 

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

Hormuz, and Malacca. Combined with robust and highly visible routine 

operations by U.S. forces on, over, and under the world’s oceans, and U.S. 

support for the navigational provisions of the U.N. Convention on the Law of 

the Sea, Freedom of Navigation Operations have continued to underscore the 

U.S. commitment to a stable legal regime for the world’s oceans. 

Considering the importance of global stability and U.S. national security in 

light of the events of September 11, 2001, State Department and the U.S. 

armed forces will continue to assert U.S. navigation and overflight rights. 

Claimant Excessive Maritime Claim(s) 

Albania Prior authorization for warships to enter territorial sea 

Algeria Prior authorization for warships to enter territorial sea 

Bangladesh* Excessive straight baselines 

Burma* 24 nautical mile (nm) security zone; excessive straight 

baselines; authority to regulate over-flight in international 

space 

Cambodia* Excessive straight baselines; 24 nm security zone 

Croatia Prior authorization for warships to enter territorial sea 
U.S. Department of Defense 

 Freedom of Navigation Report 

 for Fiscal Years 2000 – 2003 

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Claimant Excessive Maritime Claim(s) 

Ecuador 200 nm territorial sea 

Egypt* Prior notice for warships/nuclear-powered vessels to enter 

territorial sea/exclusive economic zone (EEZ) 

El Salvador 200 nm territorial sea 

India 24 nm security zone; prior authorization for warships to 

enter territorial sea 

Indonesia* Prior notification for warships to enter territorial sea 

Libya Claimed historical waters status (i.e., internal waters status) 

of Gulf of Sidra 

Malaysia* Prior authorization to conduct military activities in EEZ 

Maldives* Prior notification for warships to enter territorial sea 

Malta Prior authorization for warships to enter territorial sea 

Panama 200 nm territorial sea 

Philippines* Excessive straight baselines; claims archipelagic waters as 

internal 

Sri Lanka Security zone; prior permission for warships to enter 

territorial sea 

Syria* 35 nm territorial sea; prior permission for warships to enter 

territorial sea 

Taiwan Excessive straight baselines; 24 nm security zone 

Venezuela* Claimed security zone 

Vietnam* Excessive straight baselines; prior permission to enter 

territorial sea 

Note: * designates countries where FON operations have been conducted more than once 

during FY 2000 - 2003