Decree No of 5 October 1972 for the Peacetime Regulation of the Passage of Foreign Warships through the Territorial Waters and of their Calls

Similar documents
The Government of the United States of America and the Government of the Union of Soviet Socialist Republics,

CHAPTER 94 GUN SALUTES. (MOD Sponsor: NAVY PERS-EXEC FXO)

PART A. In order to achieve its objectives, this Code embodies a number of functional requirements. These include, but are not limited to:

OPNAVINST G N514 8 Jan Subj: RELEASE OF INFORMATION ON NUCLEAR WEAPONS AND ON NUCLEAR CAPABILITIES OF U.S. NAVY FORCES

San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994 PART I : GENERAL PROVISIONS

Checklist of requirements for licensing under Section 31 of the Trade Regulation Code (GewO)

DEPARTMENT OF THE NAVY OFFICE OF THE CHIEF OF NAVAL OPERATIONS 2000 NAVY PENTAGON WASHINGTON, DC

WEAPONS TREATIES AND OTHER INTERNATIONAL ACTS SERIES Agreement Between the UNITED STATES OF AMERICA and ROMANIA

CHAPTER 14 DISTINGUISHING STANDARDS, FLAGS, PENNANTS AND PLATES SECTION 1 GENERAL

Ship's Organization and Regulations 119

Vessel Traffic Service Act (623/2005)

THE WHITE HOUSE WASHINGTON. October 12, 1990

NOTE BY THE SECRETARY. to the NORTH ATLANTIC DEFENSE COMMITTEE THE STRATEGIC CONCEPT FOR THE DEFENCE OF THE NORTH ATLANTIC AREA

SHIP'S ORGANIZATION. General

CHAIRMAN OF THE JOINT CHIEFS OF STAFF INSTRUCTION

Small Entity Compliance Guide. Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters

Draft Rules for the Limitation of the Dangers incurred by the Civilian Population in Time of War. ICRC, 1956 PREAMBLE

Preamble. The Czech Republic and the United States of America (hereafter referred to as the Parties ):

Subj: SURFACE SHIP AND SUBMARINE SURVIVABILITY TRAINING REQUIREMENTS

POLAND. I. Army. Density per sq. km ORGANS OF MILITARY COMMAND AND ADMINISTRATION

Maldives. Introduction. Intemal waters. Archipelagic waters. Territorial sea

Ratifying International Conventions on the protection of the marine environment Keeping the coasts and the main vessel routes under constant

199 Art. 633 CHAPTER 17 C. N. R. 16, 24 ORGANIZATION OF THE NAVAL FORCES

National Armed Forces Law

Safety Zone; MODU KULLUK; Kiliuda Bay, Kodiak Island, AK to. SUMMARY: The Coast Guard is establishing a temporary safety

JOINT STATEMENT OF 15 FEBRUARY 1990 RE-ESTABLISHING DIPLOMATIC RELATIONS BETWEEN BRITAIN AND ARGENTINA

THE NATIONAL COAST GUARD ACT I assent, ARRANGEMENT OF SECTIONS

ANNEX II SCHEDULE OF BRUNEI DARUSSALAM

Maritime Transport Safety

NORWAY. I. Army. Density per sq. km

Annual Report 2015 Japan's Actions against Piracy off the Coast of Somalia and in the Gulf of Aden

NASBLA BOATING SAFETY EDUCATION MINIMUM STANDARDS FOREWORD

NOTE BY THE DEPARTMENT OF STATE

4 Aug 92. Encl: From: Commanding Officer, USS MICHIGAN (SSBN 727) To: Director of Naval History (0-09BH), Washington Navy Yard, Washington, DC 20374

MODEL OPERATING PROCEDURES GUIDE FOR COMBINED MARITIME COUNTER DRUG OPERATIONS

Elementary Seabee Discovery Game

Agreement between Israel and Lebanon, 17 May 1983.

RANGE OF MILITARY OPERATIONS

Section 3 Counter-piracy Operations

DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS WASHINGTON, DC MCO A INT 29 Aug 89

Special Local Regulation; Fautasi Ocean Challenge Canoe Race, Pago Pago Harbor,

Department of Defense DIRECTIVE

Basic Qualification course. Mentoring Guide Basic Qualification (BQ) Course

CHAPTER 93 OFFICIAL VISITS, PRECEDENCE AND CEREMONIES. (MOD Sponsor: NAVY PERS-EXEC FXO) CONTENTS

Watchkeeper Deck. This guideline is for new applicants for a Watchkeeper Deck certificate of competency

RESOLUTION MSC.255(84) (adopted on 16 May 2008) ADOPTION OF THE CODE OF THE INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES FOR A SAFETY

THE REVISED GUIDING PRINCIPLES AND GENERAL OPERATING RULES TO GOVERN THE PROVISION OF TECHNICAL ASSISTANCE BY THE AGENCY

Consolato d Italia. Cape Town

Department of Defense DIRECTIVE

Lieutenant Commander, thank you so much. And thank you all for being here today. I

Annual Report 2016 Japan's Actions against Piracy off the Coast of Somalia and in the Gulf of Aden

COOPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS

Frameworks for Responses to Armed Attack Situations

October 13th, Foreword

LITHUANIAN MARITIME SAFETY ADMINISTRATION. Abcdef Web page: EN ISO 9001:2000

Appendix II. A History of United States Navy Regulations Governing the Use of Force to Protect the Lives and Property of Nationals Abroad* CONTENTS

INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION CICAD. Secretariat for Multidimensional Security

UNDER SECRETARY OF DEFENSE 4000 DEFENSE PENTAGON WASHINGTON, D.C

Commercial Space: Questions Regarding the Legal and Regulatory Environment

MILPERSMAN GENERAL GUIDELINES FOR CONDUCTING CEREMONY FOR RETIREMENT OR TRANSFER TO THE FLEET RESERVE

UNIFIED INTERPRETATION OF PROVISIONS OF IMO SAFETY, SECURITY, AND ENVIRONMENT RELATED CONVENTIONS. Annual testing of the VDR, S-VDR, AIS and EPIRB

GOVERNMENT OF THE RUSSIAN FEDERATION. DECREE of December 27, 2012 N On the Rules STATE REGISTRATION OF MEDICAL PRODUCTS

Department of Defense DIRECTIVE

HAVE AGREED as follows : THE Government of the INDIA

Department of Defense DIRECTIVE. SUBJECT: Environmental Effects Abroad of Major Department of Defense Actions

For the purpose of executing the duties and functions of the Coast Guard the Secretary may within the limits of appropriations made therefor:

Commentary to the HPCR Manual on International Law Applicable to Air and Missile Warfare

Organization for Security and Co-operation in Europe GLOBAL EXCHANGE OF MILITARY INFORMATION

Department of Defense DIRECTIVE

PRE-DECISIONAL INTERNAL EXECUTIVE BRANCH DRAFT

Department of Defense DIRECTIVE

Swedish Food Regulations

ST. VINCENT AND THE GRENADINES

Scope. Background Major activities. Welcoming and Entertainment Activities Question

UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (UOCAVA) (As modified by the National Defense Authorization Act for FY 2010)

CHAPTER 3. RANK AND COMMAND (MOD Sponsor: NAVSEC)

ASSIGNMENT 1 Textbook Assignment:

Forty-first Annual Conference of the Center for Oceans Law & Policy. Yogyakarta, Indonesia May 16-19, 2017

Subject: 2018 and 2019 calls for applications to host International Jazz Day. Accept, Sir/Madam, the assurances of my highest consideration.

Department of Defense DIRECTIVE. SUBJECT: The North Atlantic Treaty Organization (NATO) Security Investment Program

RULES FOR CLASSIFICATION High speed and light craft. Part 1 General regulations Chapter 2 Class notations. Edition December 2015 DNV GL AS

Agreement on the Implementation of the. Historic Panmunjom Declaration in the Military Domain

ANNEX 2 RESOLUTION MSC.216(82) (adopted on 8 December 2006)

Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and seventeen An Act

5720 Ser056. (3 ) Narrative (4) USS MICHIGAN History (5) Ship's Picture (6) Commanding Officer's Biography and picture. 5 Mar 96

Welcoming the restoration to Kuwait of its sovereignty, independence and territorial integrity and the return of its legitimate Government.

(a) DoD M, Department of Defense Postal Manual, 15 August 2002

Auxiliary Policy Reminders

Appendix I. Mandate of the Inter-African force to monitor the implementation of the Bangui Agreements

Attachment B ORDINANCE NO. 14-

Department of Defense INSTRUCTION. American Forces Radio and Television Service (AFRTS)

Università degli Studi di Roma "Tor Vergata"

Università degli Studi di Roma "Tor Vergata"

OPNAVINST G N09P 17 Jul Subj: MISSION, FUNCTIONS, AND TASKS OF THE BOARD OF INSPECTION AND SURVEY

Department of Defense DIRECTIVE

TITLE II--TRANSPORTATION OF ESPECIALLY HAZARDOUS CARGO

years ago. The history of the Great White Fleet is an inspiring tale of vision, America s place in the world, and historic consequences for the

ANNEX I SCHEDULE OF MOROCCO. Tourism Guides and Accompanying Personnel. Obligations Concerned: National Treatment (Articles 10.3, 11.

The Standard Operating Procedures (SOP) for ASEAN Navy Humanitarian Assistance and Disaster Relief Operations (HADR)

The Attack on Pearl Harbor

Transcription:

Page 1 Decree No. 72-194 of 5 October 1972 for the Peacetime Regulation of the Passage of Foreign Warships through the Territorial Waters and of their Calls... TITLE I GENERAL PROVISIONS Article 1 Entry and innocent passage of foreign warships in territorial waters, their entry in internal waters and calls at an Algerian port shall be subject to prior authorization by the competent Algerian authorities in accordance with the procedures established by this decree. Article 2 In the territorial waters, internal waters and ports of Algeria, foreign warships shall abstain from acts contrary to national sovereignty and from charting, submerging or sounding. They shall be prohibited from undertaking any military exercise except with special authorization from the competent Algerian authority. Article 3 In the territorial waters, internal waters and ports of Algeria, foreign warships shall respect national regulations, particularly on fiscal, health and customs matters. Article 4 Port regulations, particularly in regard to pilotage, shall apply to foreign warships on their entry in Algerian ports. TITLE II DEFINITIONS Article 5 The provisions of articles 1 to 4 above shall apply exclusively and in peacetime to warships.

Page 2 Article 6 The expression "warship" means warships, auxiliary ships, training ships, laboratory ships, submarines and other vessels for military use. The expression "innocent passage" means navigation in territorial waters for the purpose of traversing them without entering internal waters, or for the purpose of entering internal waters, or while proceeding to sea from internal waters. The expression "call" means the temporary stay of a foreign warship which has stopped or anchored in the territorial or internal waters, or at an Algerian port. TITLE III INNOCENT PASSAGE AND CALLS CHAPTER I INNOCENT PASSAGE Article 7 Passage is innocent so long as it is not prejudicial to the peace, security or public order of the Algerian State. Article 8 Passage includes the possibility of stopping and anchoring but only in so far as the stop or anchorage is incidental to ordinary navigation or is rendered necessary in the case of warships by force majeure or distress. In such a case, the commander of the warship shall inform the Algerian naval authorities without delay. The diplomatic or consular representatives of the country whose flag is shown by the warship shall be informed. Article 9 Once the circumstances which necessitated the stop or anchorage have disappeared, the foreign warship shall immediately put to sea again after the Algerian naval authorities have been so informed. In any event, unless special authorization is granted, the duration of the stop or anchorage shall not exceed 24 hours. Article 10 In conformity with the provisions of article 1 et seq. of this decree, the passage of a warship shall be subject to prior authorization by the Algerian authorities. Such authorization shall be requested by the foreign naval authorities from the Ministry of Foreign Affairs at least 15 days before the date of entry into Algerian territorial waters.

Page 3 CHAPTER II CALLS Article 11 The call of a foreign warship in Algerian territorial waters or an Algerian port may be: - An official call, - A unofficial call, - A routine call, - A forced call. Article 12 During a call, visits may be exchanged. They shall be either official or courtesy. SECTION 1 OFFICIAL CALLS A call shall be official: Article 13 - When it is in response to an official invitation of the competent Algerian authority, or - When the Government of the country whose flag the visiting warship shows has expressed the wish that it should have such character. In such a case, the call shall be subject to the rules stipulated in article 14 below. Article 14 The official call of a foreign warship shall require authorization by the Algerian authorities. For that purpose, the foreign authorities shall address a request through the diplomatic channel to the Ministry of Foreign Affairs at least 45 days before the planned arrival date of the warship in Algerian territorial waters or an Algerian port. Article 15 The naval or military attaché of the country whose warship has been authorized to make an official call and the Algerian naval authority shall, by mutual agreement, draw up the official programme for the call in conformity with international customs and practices. Article 16 A foreign warship on an official visit shall, upon arrival in Algerian territorial waters or an Algerian port, comply with international customs and national regulations on the issue of gun salutes.

Page 4 Article 17 Except when, otherwise expressly provided, gun salutes shall not exceed 21 rounds. Article 18 One or more liaison officers from the national navy shall be placed at the disposal of the commander of the foreign warship. SECTION 2 UNOFFICIAL CALLS Article 19 A call shall be termed unofficial when the two parties agree not to attach any special ceremony to it. Article 20 Except when otherwise provided by the competent Algerian authorities, calls of the following shall be considered unofficial: - Foreign training ships; - Warships accompanying the ships specified above during their journey. Article 21 The unofficial call of a foreign warship shall require authorization by the Algerian naval authorities. The foreign naval authorities shall address a request to the Ministry of Foreign Affairs at least 30 days before the planned date of arrival of the visiting foreign warship. Article 22 The unofficial call of a foreign warship may be the occasion for gun salutes. For such a purpose, the commanders of visiting warships shall, through their accredited representatives to the Algerian Government, request the consent of the Algerian naval authorities at the port of call. Article 23 During unofficial calls, a courtesy visit may be paid to the naval or military authority of the host port by the commander of the warship. Article 24 Unless authorized by the naval authority of the host port, no courtesy visit shall be paid to the civil authorities of the town during an unofficial call. Article 25 The naval or military attaché representing the country whose warship has been authorized to make an

Page 5 unofficial call and the Algerian authorities shall draw up the programme for the call of the visiting warship by mutual agreement. Article 26 One or more liaison officers of the national navy shall be placed at the disposal of the commander of the warship. SECTION 3 ROUTINE CALLS A call shall be termed routine: Article 27 1. When its purpose is the transportation of equipment, personnel or fuel; 2. When its purpose is to carry out research, assistance or salvage operations; 3. When its purpose is to allow warships to repair minor damage; 4. When its purpose is to provision or revictual the warship. Article 28 Authorization for a foreign warship to make a routine call shall be requested in conformity with the procedure established for unofficial calls. However, the request shall be submitted to the competent Algerian authorities at least 15 days before the scheduled arrival date of the visiting warship. Nevertheless in cases covered by article 27, subparagraph 2, above, such request may be made without notice being required. Article 29 A routine call shall not be an occasion for gun salutes. Article 30 The routine call of a foreign warship shall not be the occasion for any visit. Nevertheless if the commander of the visiting warship expresses a wish to do so, he may make a personal visit to the naval or military authority of the host port. Article 31 The duration of a routine call by a foreign warship shall be established by the Algerian authorities according to the cases specified in article 27 above and circumstances. In no case shall such duration exceed five days. Article 32 A liaison officer may, in the case specified in section 3 of this decree, be seconded by the naval authority of the host port to the commander of the visiting warship in order to facilitate revictualling, provisioning or repair operations.

Page 6 SECTION 4 FORCED CALLS Article 33 A call shall be termed forced when a foreign warship is compelled to seek refuge in the territorial waters, in the internal waters or in an Algerian port as a consequence of serious damage, heavy weather or other cases of force majeure. Article 34 In the cases specified in article 33 above, the commander of the warship shall, before entering Algerian territorial waters, promptly inform the naval authority of the host port or, in his absence, the local military authority. The diplomatic or consular representatives of its country accredited to the Algerian Government shall be informed. Article 35 Once the circumstances which gave rise to the forced call have disappeared, the foreign warship shall put to sea again after the Algerian naval authority has been informed. Article 36 The provisions of articles 30 and 32 above shall apply to the foreign warship during a forced call. TITLE IV SPECIAL PROVISIONS Article 37 When substantial changes are made in the number and types of warship and the places and dates of the call, the foreign naval authorities shall so inform the Algerian naval authority in conformity with the procedure established for the request for call. When the change occurs during passage or if it is minor, the authority responsible for the change shall inform the highest Algerian naval authority by message. Article 38 Except in cases of forced call, the competent Algerian authorities shall only consider requests transmitted through the diplomatic channel and submitted within the minimum period established for each type of call. Article 39 A warship may not arrive in an Algerian port on Saturdays, Sundays or holidays.

Page 7 The time fixed for the arrival of warships at any port of call shall be 8 a.m. local time. Except in the case of a forced call, there shall be no derogation from the first and second subparagraphs of this article without the consent of the competent Algerian authorities. Article 40 In addition to the name of the commander of the naval force and the commanders of the warships, the request for call shall include: - The number of officers, petty officers and sailors on board, including general staff members; - The principal characteristics of the vessel; - The number and type of aircraft on board, if any; - Specification of the radio frequencies which the foreign naval authority wishes to use in the port of call together with the maximum broadcasting power; - Details on revictualling or provisioning operations to be carried out in the port of call; - Details on such material assistance as may be considered necessary. Article 41 Except where a special exception is made, no more than three foreign warships flying the same flag shall be permitted to make a call at the same time. Furthermore, submarines may not enter Algerian territorial waters except on the surface. They shall be prohibited from submerging during their entire stay. Article 42 According to the type of call, the number, importance and character of the receptions and visits shall be fixed by mutual agreement between the Algerian naval authority and the foreign naval authorities or their accredited representatives to the Algerian Government. Article 43 The commandeer of the foreign warship shall not make a press statement except with the consent of the competent Algerian authorities. Article 44 Foreign warships flying the same flag shall not, without special authorization, stay beyond the permitted period. Article 45 The provisions of this decree shall not apply to military aircraft except those carried or towed by warships. Such aircraft shall not leave the vessel which carries or tows them without the authorization of the competent

Page 8 Algerian authorities. Article 46 The provisions of article 41, first paragraph, and article 44 of this decree shall not apply to the following foreign warships: (a) (b) Warships carrying on board the sovereigns of a reigning dynasty or foreign Heads of State; Warships forced into port by reason of serious damage, heavy weather or other cases of force majeure. Article 47 The number of persons on shore leave as well as their times of landing and re-embarkation shall be fixed by agreement between the local naval or military authority and the commander of the warship or naval force. Crew members while on land shall be prohibited from carrying arms. However, officers and petty officers shall be permitted to carry armes blanches which are part of their regulation uniforms. If it becomes necessary for a funeral service to be performed on land by a party bearing arms, the commander of the foreign warship shall address a prior request for authorization to the local naval or military authorities. Article 48 In no case shall arms be placed on board a foreign warship's boats if the boats are to be used. Article 49 A sentence of death shall not be carried out on board a warship admitted to the ports and territorial waters of Algeria. Article 50 The provisions of this decree shall not apply to warships belonging to belligerent States, when Algeria is neutral. Article 51 In the event that a warship fails to comply with the provisions of this decree, the competent Algerian authorities shall, without prejudice to the application of article 41, second paragraph, above, draw the attention of the commander of the vessel or of the naval force to the infringement which has taken place and shall invite him to respect or to ensure respect for such provisions....