O 080413Z APR 94
FM SECSTATE WASHDC
TO AMEMBASSY STOCKHOLM IMMEDIATE
INFO SECDEF WASHDC IMMEDIATE 0000
CINCUSACOM NORFOLK VA//JO2L//
USCINCPAC HONOLULU HI//JO6//
USCINCCENT MACDILL AFB FL//J3/J5/SJA//
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C O N F I D E N T I A L STATE 092114 
 
 
E.O. 12356:  DECL:  OADR 
TAGS: PHSA MARR PBTS PREL TPHY SW
SUBJECT:  SURVEYS IN SWEDEN'S EEZ 
 
REF: (A) STOCKHOLM 01951, (B) USDAO STOCKHOLM 061125Z APR 
94, (C) NAVOCEANO STENNIS SPACE CENTER MS 040500Z MAR 94, 
(D) 89 STATE 122770 
 
¶1.  (U) THIS IS AN ACTION CABLE IN RESPONSE TO REFTEL 
(A).  SEE PARAGRAPH 2. 
 
¶2.  (C) SUMMARY AND ACTION REQUESTED: USNS KANE IS 
CONDUCTING UNCLASSIFIED MILITARY SURVEY OPERATIONS, NOT 
MARINE SCIENTIFIC RESEARCH (MSR), IN THE EEZS OF VARIOUS 
BALTIC STATES INCLUDING SWEDEN.  KANE IS MEASURING 
CURRENTS AND BOTTOM PROFILES, AND COLLECTING WATER AND 
BOTTOM SAMPLES, AT VARIOUS LOCATIONS FOR MILITARY 
PURPOSES.  MILITARY SURVEYS ARE NOT SUBJECT TO COASTAL 
STATE CONTROL.  KANE WILL RETURN TO THE SWEDISH EEZ TO 
CONTINUE ITS SURVEY ON OR ABOUT APRIL 16.  DRAWING ON THE 
TALKING POINTS IN PARAGRAPH 5, EMBASSY MAY DELIVER TO 
APPROPRIATE GOS OFFICIALS THE PAPER IN PARAGRAPH 6 WHICH 
PROVIDES A DETAILED EXPLANATION OF THE LEGAL DIFFERENCES 
BETWEEN SURVEYS AND MARINE SCIENTIFIC RESEARCH (MSR)  AND 
WORLDWIDE USG POLICY AND PRACTICE WITH RESPECT TO MILITARY 
SURVEYS.  END SUMMARY AND ACTION REQUEST. 
 
¶3. (C) DEPARTMENT APPRECIATES EMBASSY'S VIGOROUS AND 
ARTICULATE REACTIONS AND THOUGHTFUL ANALYSIS OF THE 
SITUATION REPORTED REFTELS (A) AND (B) REGARDING THE 
UNEXPECTED SWEDISH REACTION TO USNS KANE'S SURVEY 
ACTIVITIES IN ITS EEZ (REFTEL (C)).  WE HAVE PREPARED A 
DETAILED LEGAL ANALYSIS OF THE SITUATION WHICH IS SET OUT 
IN THE PAPER IN PARAGRAPH 6 THAT MAY BE SHARED WITH 
APPROPRIATE GOS OFFICIALS. 
 
¶4.  (C) USNS KANE IS SCHEDULED TO COMPLETE ITS PORT VISIT 
IN DENMARK ON 8 APRIL 1994 AND TO ENTER THE WESTERN WATERS 
OF THE SWEDISH EEZ TO CONTINUE MILITARY SURVEY ACTIVITIES 
ON OR ABOUT 16 APRIL.  KANE WILL MEASURE CURRENTS AND 
BOTTOM PROFILES, AND WILL COLLECT WATER AND BOTTOM 
SAMPLES, INCLUDING CORES, AT VARIOUS LOCATIONS FOR 
MILITARY PURPOSES.  IF CHALLENGED DURING THESE ACTIVITIES, 
KANE HAS BEEN DIRECTED TO RESPOND (QUOTE) I AM CONDUCTING 
MILITARY SURVEY ACTIVITIES CONSISTENT WITH INTERNATIONAL 
LAW AS REFLECTED IN THE 1982 LAW OF THE SEA CONVENTION. 
(UNQUOTE) 
 
¶5.  (C) BEGIN TALKING POINTS: 
 
-- I WOULD LIKE TO PROVIDE YOU A PAPER THAT DESCRIBES THE 
U.S. POSITION ON SURVEY ACTIVITIES IN EXCLUSIVE ECONOMIC 
ZONES (EEZ). 
 
-- THIS PAPER DETAILS WHY THE ACTIVITIES OF THE USNS KANE, 
A U.S. NAVAL AUXILIARY, IN YOUR EEZ OVER THE PAST WEEK ARE 
FULLY CONSISTENT WITH INTERNATIONAL LAW AND OUR 
UNDERSTANDING OF SWEDISH LAW. 
 
-- WE AGREE THAT A COASTAL STATE MAY REQUIRE ANYONE 
SEEKING TO CONDUCT MARINE SCIENTIFIC RESEARCH (MSR) IN THE 
COASTAL STATE'S EEZ OBTAIN APPROVAL IN ADVANCE.  HOWEVER, 
AS THIS PAPER MAKES CLEAR, THE KANE'S MILITARY SURVEY 
ACTIVITIES ARE NOT MSR. 
 
-- THE MISSION OF THE USNS KANE IN THE SWEDISH EEZ IS TO 
MEASURE CURRENT AND BOTTOM PROFILES, AND TO COLLECT WATER 
AND BOTTOM SAMPLES, INCLUDING CORES, AT VARIOUS LOCATIONS 
FOR MILITARY PURPOSES. 
 
-- THE PURPOSE OF THIS MILITARY SURVEY IS TO SUPPORT 
SECURITY IN THE BALTIC SEA, AN ISSUE ON WHICH THE U.S. AND 
SWEDEN SHARE A COMMON CONCERN. 
 
-- SUCH ACTIVITIES ARE MILITARY SURVEY ACTIVITIES AND AS 
SUCH CAN BE UNDERTAKEN IN THE EEZ OF A COASTAL NATION 
WITHOUT PRIOR NOTIFICATION OR APPROVAL BY THE NATION. 
 
-- WE WANT TO REACH A SHARED UNDERSTANDING WITH YOU ON 
THIS ISSUE.  HOWEVER, WE MUST EMPHASIZE THAT OUR MILITARY 
SURVEY OPERATIONS ARE CONDUCTED CONSISTENT WITH 
INTERNATIONAL LAW AND ARE CONDUCTED WORLDWIDE ON THAT 
BASIS.  WE PLAN TO CONTINUE OUR EEZ SURVEY OPERATIONS, 
INCLUDING THAT OF THE KANE, ACCORDINGLY. 
 
-- WE HOPE THAT THIS PAPER PROVIDES YOU WITH THE LEGAL 
FRAMEWORK TO UNDERSTAND AND ACCEPT OUR POSITION.  WE ARE 
AVAILABLE TO DISCUSS THIS FURTHER WITH YOU IF YOU WISH. 
 
IF ASKED WHETHER THE USG IS WILLING TO SHARE THE DATA 
COLLECTED, YOU SHOULD RESPOND THAT THE USG DOES NOT SHARE 
DATA COLLECTED ON A MILITARY SURVEY AS A CONDITION OF 
ENTRY INTO THE EEZ.  HOWEVER, THERE ARE ESTABLISHED 
MECHANISMS FOR DATA EXCHANGES BETWEEN OUR TWO 
GOVERNMENTS.  (FYI: EMBASSY MUST AVOID IMPLYING ANY USG 
COMMITMENT TO SHARE THE DATA COLLECTED IN THIS SURVEY BY 
THE KANE.  END FYI) 
 
IF ASKED WHETHER THE KANE PLANS TO CONTINUE OPERATIONS IN 
THE EEZ OFF SWEDEN'S WESTERN COAST, YOU SHOULD RESPOND 
THAT THE KANE WILL CONTINUE ITS MILITARY SURVEY OPERATIONS 
WITHIN THE SWEDISH WESTERN EEZ NEXT WEEK. 
 
IF PRESSED TO SEND THE KANE BACK INTO THE EEZ TO RECOVER 
THE CURRENT METERS, YOU SHOULD RESPOND THAT THE KANE WILL 
RETRIEVE THEM WITHIN 30 DAYS.  YOU SHOULD STATE THESE 
CURRENT METERS ARE NOT PERMANENTLY FIXED MONITORING 
FACILITIES, AS ALLEGED BY GOS OFFICIALS, BUT ARE METERS 
THAT ARE COLLECTING DATA ON BALTIC CURRENTS AND WILL BE 
RETRIEVED TO OBTAIN THE DATA COLLECTED. 
 
IF PRESSED THAT CORING IS MSR, YOU SHOULD RESPOND THAT 
CORING ACTIVITIES FOR RESEARCH ARE MSR, BUT CORING 
ACTIVITIES FOR MILITARY PURPOSES CONSTITUTE A MILITARY 
SURVEY ACTIVITY.  YOU MAY EXPLAIN THAT, WHILE THE MEANS OF 
DATA COLLECTION USED IN MILITARY SURVEYS MAY SOMETIMES BE 
THE SAME AS THAT USED IN MSR, INFORMATION FROM SUCH 
ACTIVITIES, REGARDLESS OF SECURITY CLASSIFICATION, IS 
INTENDED NOT FOR USE BY THE GENERAL SCIENTIFIC COMMUNITY, 
BUT BY THE MILITARY.  END TALKING POINTS. 
 
¶6.  (U) BEGIN TEXT: 
 
    SURVEY ACTIVITIES IN THE EXCLUSIVE ECONOMIC ZONE 
 
SUMMARY 
------- 
 
THE UNITED STATES RECOGNIZES THE RIGHT OF SWEDEN TO 
REQUIRE PRIOR PERMISSION FOR FOREIGN SHIPS TO CONDUCT 
MARINE SCIENTIFIC RESEARCH (MSR) IN ITS EXCLUSIVE ECONOMIC 
ZONE (EEZ).  THE UNITED STATES IS PLEASED TO PROVIDE THE 
FOLLOWING EXPLANATION WHY HYDROGRAPHIC SURVEYS AND 
MILITARY SURVEY ACTIVITIES ARE NOT MSR AND DO NOT REQUIRE 
PRIOR NOTIFICATION TO OR THE PERMISSION OF THE COASTAL 
STATE BEFORE OTHER STATES MAY CONDUCT SUCH SURVEYS IN THE 
EEZ. 
 
THE LAW OF THE SEA CONVENTION 
------,---------------------- 
 
INTERNATIONAL LAW, AS REFLECTED IN THE 1982 UNITED NATIONS 
CONVENTION ON THE LAW OF THE SEA (LOS CONVENTION), 
AUTHORIZES COASTAL STATES TO CLAIM LIMITED RIGHTS AND 
JURISDICTION IN AN EEZ.  THE JURISDICTIONAL RIGHTS RELATE 
PRIMARILY TO THE EXPLORATION, EXPLOITATION, AND 
CONSERVATION OF NATURAL RESOURCES, MSR, AND THE MARINE 
ENVIRONMENT.  BEYOND THE TERRITORIAL SEA (IN WHICH THE 
COASTAL STATE ENJOYS FULL SOVEREIGNTY), ALL STATES ENJOY 
THE FREEDOMS OF NAVIGATION AND OVERFLIGHT AND OTHER 
RELATED USES OF THE SEA WITHIN THE EEZ, PROVIDED THAT THEY 
DO SO WITH DUE REGARD TO THE RIGHTS OF THE COASTAL STATE 
AND OTHER STATES.  SEE ARTICLE 58 OF THE LOS CONVENTION. 
 
SURVEY ACTIVITIES VS. MARINE SCIENTIFIC RESEARCH 
--------------------------------,------------ --- 
 
THE RIGHTS ALL STATES ENJOY INCLUDE THE RIGHT TO CONDUCT 
SURVEY ACTIVITIES WITHIN THE EEZ.  SURVEY ACTIVITIES ARE 
NOT MSR.  THE LOS CONVENTION DISTINGUISHES CLEARLY BETWEEN 
THE CONCEPTS OF "RESEARCH" AND "MSR" ON THE ONE HAND AND 
"HYDROGRAPHIC SURVEYS" AND "SURVEY ACTIVITIES" ON THE 
OTHER HAND.  ARTICLE 19(2)(J) OF THE LOS CONVENTION 
INCLUDES "RESEARCH OR SURVEY ACTIVITIES" AS INCONSISTENT 
WITH INNOCENT PASSAGE IN THE TERRITORIAL SEA.  ARTICLE 
21(1)(G) AUTHORIZES THE COASTAL STATE TO ADOPT LAWS AND 
REGULATIONS, IN CONFORMITY WITH THE PROVISIONS OF THE 
CONVENTION AND OTHER RULES OF INTERNATIONAL LAW, RELATING 
 
TO INNOCENT PASSAGE THROUGH THE TERRITORIAL SEA IN RESPECT 
OF "MARINE SCIENTIFIC RESEARCH AND HYDROGRAPHIC SURVEYS". 
ARTICLE 40, ENTITLED "RESEARCH AND SURVEY ACTIVITIES," 
PROVIDES THAT IN TRANSIT PASSAGE THROUGH STRAITS USED FOR 
INTERNATIONAL NAVIGATION, FOREIGN SHIPS, INCLUDING "MARINE 
SCIENTIFIC RESEARCH AND HYDROGRAPHIC SURVEY SHIPS", MAY 
NOT CARRY OUT "ANY RESEARCH OR SURVEY ACTIVITIES" WITHOUT 
THE PRIOR AUTHORIZATION OF THE STATES BORDERING STRAITS. 
THE SAME RULE APPLIES TO SHIPS ENGAGED IN ARCHIPELAGIC SEA 
LANES PASSAGE (ARTICLE 54). 
 
ON THE OTHER HAND, PART XIII OF THE LOS CONVENTION FULLY 
REGULATES MARINE SCIENTIFIC RESEARCH; IT DOES NOT REFER TO 
SURVEY ACTIVITIES AT ALL.  ARTICLE 246 OF THE LOS 
CONVENTION PROVIDES THAT COASTAL STATES, IN THE EXERCISE 
OF THEIR JURISDICTION WITHIN THE EEZ, HAVE THE RIGHT TO 
REGULATE, AUTHORIZE AND CONDUCT MSR IN ACCORDANCE WITH THE 
RELEVANT PROVISIONS OF THE CONVENTION.  IT SPECIFIES THAT 
MSR IN THE EEZ SHALL BE CONDUCTED WITH THE CONSENT OF THE 
COASTAL STATE.  SWEDEN HAS SO PROVIDED IN PARAGRAPH 9 OF 
LAW SFS 1992:1140. 
 
AND WHILE THE CONVENTION, BY ITS TERMS, LIMITS SURVEY 
ACTIVITIES DURING PASSAGE IN THE TERRITORIAL SEA, 
INTERNATIONAL STRAITS AND ARCHIPELAGIC SEA LANES, THE 
CONVENTION DOES NOT LIMIT THE ACTIVITIES OF SURVEY SHIPS 
IN THE EEZ.  RATHER, THE CONDUCT OF SURVEYS IN THE EEZ IS 
AN EXERCISE OF THE FREEDOMS OF NAVIGATION AND OTHER 
INTERNATIONALLY LAWFUL USES OF THE SEA RELATED TO THOSE 
FREEDOMS, SUCH AS THOSE ASSOCIATED WITH THE OPERATIONS OF 
SHIPS, WHICH ARTICLE 58 OF THE LOS CONVENTION GUARANTEES 
TO ALL STATES. 
 
INDEED, SWEDEN HAS RECOGNIZED THIS RIGHT IN PARAGRAPH 10 
OF LAW SFS 1992:1140, WHICH IN ENGLISH TRANSLATION READS 
"THIS LAW, AS WELL AS THE PROVISIONS AND CONDITIONS WHICH 
ARE TRANSMITTED IN SUPPORT OF THE LAW. SHALL NOT CONTAIN 
ANY RESTRICTION OF THE EXISTING RIGHTS IN ACCORDANCE WITH 
INTERNATIONAL LAW FOR FREEDOM OF NAVIGATION IN THE 
EXCLUSIVE ECONOMIC ZONE, FOR OVERFLIGHT OF THE ZONE, OR 
FOR PLACEMENT OF CABLES AND PIPELINES IN THE ZONE, OR FOR 
ANY OTHER RIGHTS WHICH ARE COMMONLY ACCEPTED PRINCIPLES OF 
INTERNATIONAL LAW." 
 
THIS CONCLUSION, THAT MSR IS DISTINCT FROM SURVEY 
ACTIVITIES, IS SUPPORTED BY OTHER RESPECTED PUBLICATIONS 
ON THIS SUBJECT.   FOR EXAMPLE, A 1991 PUBLICATION 
PREPARED BY THE UN OFFICE FOR OCEAN AFFAIRS AND THE LAW OF 
 
THE SEA, ENTITLED "THE LAW OF THE SEA: MARINE SCIENTIFIC 
RESEARCH: A GUIDE TO THE IMPLEMENTATION OF THE RELEVANT 
PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE LAW OF 
THE SEA" (UN PUBLICATION SALES NO. E.91.V.3), NOTES THAT 
"'SURVEY ACTIVITIES' ... ARE PRIMARILY DEALT WITH IN OTHER 
PARTS ... OF THE CONVENTION RATHER THAN IN PART XIII. 
THIS COULD INDICATE THAT THESE ACTIVITIES DO NOT FALL 
UNDER THE REGIME OF PART XIII." (PAGE 1). 
 
PROFESSOR ALFRED H.A. SOONS, DIRECTOR OF THE NETHERLANDS 
INSTITUTE FOR THE LAW OF THE SEA, IN HIS BOOK "MARINE 
SCIENTIFIC RESEARCH AND THE LAW OF THE SEA" (1982), HAS 
WRITTEN: "FROM ARTICLES 19, 21 AND 40, WHICH USE THE TERM 
'HYDROGRAPHIC SURVEYING' SEPARATELY FROM 'RESEARCH', IT 
FOLLOWS THAT THE TERM "MARINE SCIENTIFIC RESEARCH'. FOR 
THE PURPOSES OF THE DRAFT CONVENTION, DOES NOT COVER 
HYDROGRAPHIC SURVEYING ACTIVITIES." (PAGE 125)  LATER IN 
THE SAME BOOK, PROFESSOR SOONS WROTE:  "WITH RESPECT TO 
HYDROGRAPHIC SURVEYING (AN ACTIVITY WHICH IS NOT TO BE 
CONSIDERED MARINE SCIENTIFIC RESEARCH, ALTHOUGH IT IS 
SOMEWHAT SIMILAR TO IT ...), IT IS SUBMITTED THAT THIS 
ACTIVITY, WHEN IT IS CONDUCTED FOR THE PURPOSE OF 
ENHANCING THE SAFETY OF NAVIGATION ... , MUST BE REGARDED 
AS AN INTERNATIONALLY LAWFUL USE OF THE SEA ASSOCIATED 
WITH THE OPERATIONS OF SHIPS ... IN ACCORDANCE WITH 
ARTICLE 58, AND CAN THEREFORE BE CONDUCTED FREELY IN THE 
EXCLUSIVE ECONOMIC ZONE....." (PAGE 157) 
 
DEFINITIONS 
----------- 
 
THE LOS CONVENTION DOES NOT DEFINE THE TERMS "MARINE 
SCIENTIFIC RESEARCH", "SURVEY ACTIVITIES", "HYDROGRAPHIC 
SURVEY", OR "MILITARY SURVEY".  HOWEVER, THE CONCEPTS ARE 
DISTINCT. 
 
THE UNITED STATES ACCEPTS THAT "MARINE SCIENTIFIC 
RESEARCH" IS THE GENERAL TERM MOST OFTEN USED TO DESCRIBE 
THOSE ACTIVITIES UNDERTAKEN IN THE OCEAN AND COASTAL 
WATERS TO EXPAND SCIENTIFIC KNOWLEDGE OF THE MARINE 
ENVIRONMENT.  MSR INCLUDES OCEANOGRAPHY, MARINE BIOLOGY, 
FISHERIES RESEARCH, SCIENTIFIC OCEAN DRILLING AND CORING, 
GEOLOGICAL/GEOPHYSICAL SCIENTIFIC SURVEYING, AS WELL AS 
OTHER ACTIVITIES WITH A SCIENTIFIC PURPOSE. 
 
THE GENERALLY ACCEPTED MODERN INTERNATIONAL INTERPRETATION 
OF "HYDROGRAPHIC SURVEY", WHICH IS SHARED BY THE UNITED 
STATES, IS TO OBTAIN INFORMATION FOR THE MAKING OF 
 
NAVIGATIONAL CHARTS AND SAFETY OF NAVIGATION.  IT INCLUDES 
DETERMINATION OF ONE OR MORE OF SEVERAL CLASSES OF DATA IN 
COASTAL OR RELATIVELY SHALLOW AREAS--DEPTH OF WATER, 
CONFIGURATION AND NATURE OF THE NATURAL BOTTOM, DIRECTIONS 
AND FORCE OF CURRENTS, HEIGHTS AND TIMES OF TIDES AND 
WATER STAGES, AND HAZARDS FOR NAVIGATION--FOR THE 
PRODUCTION OF NAUTICAL CHARTS AND SIMILAR PRODUCTS TO 
SUPPORT SAFETY OF NAVIGATION. 
 
THE UNITED STATES CONSIDERS THAT MILITARY SURVEYS REFER TO 
ACTIVITIES UNDERTAKEN IN THE OCEAN AND COASTAL WATERS 
INVOLVING MARINE DATA COLLECTION (WHETHER OR NOT 
CLASSIFIED) FOR MILITARY PURPOSES.  MILITARY SURVEYS CAN 
INCLUDE OCEANOGRAPHIC, MARINE GEOLOGICAL, GEOPHYSICAL, 
CHEMICAL, BIOLOGICAL AND ACOUSTIC DATA.  EQUIPMENT USED 
CAN INCLUDE FATHOMETERS, SWATH BOTTOM MAPPERS, SIDE SCAN 
SONARS, BOTTOM GRAB AND CORING SYSTEMS, CURRENT METERS AND 
PROFILERS.  WHILE THE MEANS OF DATA COLLECTION USED IN 
MILITARY SURVEYS MAY SOMETIMES BE THE SAME AS THAT USED IN 
MSR, INFORMATION FROM SUCH ACTIVITIES, REGARDLESS OF 
SECURITY CLASSIFICATION, IS INTENDED NOT FOR USE BY THE 
GENERAL SCIENTIFIC COMMUNITY, BUT BY THE MILITARY. 
 
MILITARY SURVEYS ARE NOT SPECIFICALLY ADDRESSED IN THE LOS 
CONVENTION AND THERE IS NO LANGUAGE STATING OR IMPLYING 
THAT MILITARY SURVEYS MAY BE REGULATED IN ANY MANNER BY 
COASTAL STATES OUTSIDE THEIR TERRITORIAL SEA OR 
ARCHIPELAGIC WATERS.  THE UNITED STATES THEREFORE 
CONSIDERS IT TO BE FULLY CONSISTENT WITH THE LOS 
CONVENTION THAT SUCH SURVEYS ARE A HIGH SEAS FREEDOM AND 
THE UNITED STATES RESERVES THE RIGHT TO ENGAGE IN MILITARY 
SURVEYS ANYWHERE OUTSIDE FOREIGN TERRITORIAL SEAS AND 
ARCHIPELAGIC WATERS.  TO PROVIDE PRIOR NOTICE OR REQUEST 
PERMISSION WOULD CREATE AN ADVERSE PRECEDENT FOR 
RESTRICTIONS ON MOBILITY AND FLEXIBILITY OF MILITARY 
SURVEY OPERATIONS. 
 
THESE DEFINITIONS CLEARLY DISTINGUISH BETWEEN MSR, WHICH 
THE COASTAL STATE CAN REGULATE, AND HYDROGRAPHIC SURVEY 
AND MILITARY SURVEY ACTIVITIES, WHICH ARE FREEDOMS THE 
COASTAL STATE CANNOT REGULATE OUTSIDE ITS TERRITORIAL SEA. 
 
MILITARY ACTIVITIES 
------------------- 
 
THERE MAY BE SOME QUESTION AS TO THE CONDUCT OF "MILITARY 
ACTIVITIES" IN THE EEZ WITHOUT COASTAL STATE CONSENT.  IN 
THE VIEW OF THE UNITED STATES, THE LOS CONVENTION 
RECOGNIZES THAT ALL STATES HAVE THE RIGHT TO CONDUCT 
MILITARY ACTIVITIES WITHIN THE EEZ, PROVIDED THAT THEY DO 
SO WITH DUE REGARD TO THE RIGHTS OF THE COASTAL STATE AND 
OTHER STATES.  APPROPRIATE ACTIVITIES INCLUDE LAUNCHING 
AND LANDING OF AIRCRAFT, OPERATING MILITARY DEVICES, 
INTELLIGENCE COLLECTION, WEAPONS EXERCISES, AND MILITARY 
SURVEYS.  THERE IS NO GENERAL COMPETENCE OF THE COASTAL 
STATE OVER MILITARY ACTIVITIES IN THE EEZ.  IT FOLLOWS 
THAT MILITARY SURVEY ACTIVITIES CONDUCTED OUTSIDE FOREIGN 
TERRITORIAL SEAS ARE NOT SUBJECT TO COASTAL STATE 
REGULATION.  SEE ARTICLE 56 OF THE LOS CONVENTION AND 
OXMAN, THE REGIME OF WARSHIPS UNDER THE UNITED NATIONS 
CONVENTION ON THE LAW OF THE SEA, VIRGINIA JOURNAL OF 
INTERNATIONAL LAW, VOL. 24, AT PAGE 847 (1984). 
 
U.S. MILITARY SURVEY VESSELS 
---------------------------- 
 
THE USNS KANE IS ONE OF A CLASS OF U.S. NAVAL AUXILIARY 
VESSELS (T-AGS) DESIGNED FOR AND OPERATING AS MILITARY 
SURVEY VESSELS.  THE U.S. GOVERNMENT EXERCISES OUR HIGH 
SEAS FREEDOMS WITH RESPECT TO MILITARY SURVEY ACTIVITY IN 
THE EEZ OF COASTAL STATES WORLDWIDE CONSISTENT WITH 
INTERNATIONAL LAW AS REFLECTED IN THIS PAPER. 
 
 
CHRISTOPHER