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facilities available therein and shall (ii) A request by foreign authorities adopt such measures as are required for return of custody of a person by the situation.
under the protection of temporary
refuge will be reported to the CNO or 88 700.924—700.934 (Reserved)
Commandant of the Marine Corps.
The requesting foreign authorities will 8 700.935 Exercise of power of consul.
be informed that the case has been reWhen upon the high seas or in any ferred to higher authorities for foreign port where there is no resident
instructions. consul of the United States, the senior (iii) Persons whose temporary refuge officer present afloat has the authori.
is terminated will be released to the ty to exercise all powers of a consul in
protection of the authorities designatrelation to mariners of the United
ed in the message authorizing release. States.
(iv) While temporary refuge can be 88 700.936–700.939 (Reserved)
granted in the circumstances set forth
above, permanent asylum will not be 8 700.940 Granting of asylum and tempo granted. rary refuge.
(v) Foreign nationals who request as(a) If an official of the Department
sistance in forwarding requests for poof the Navy is requested to provide
litical asylum in the United States will
be advised to apply in person at the asylum or temporary refuge, the following procedures shall apply:
nearest American Embassy or Consul
ate. (1) On the high seas or in territories under exclusive United States jurisdic
(3) The Chief of Naval Operations or tion (including territorial seas, the
Commandant of the Marine Corps, as Commonwealth of Puerto Rico, terri
appropriate, will be informed by the tories under United States administra. most expeditious means of all action tion, and possessions):
taken pursuant to paragraphs (a)(1) (i) At his request, an applicant for
and (a)(2) of this section, as well as asylum will be received on board any
the attendant circumstances. Telenaval aircraft or water-borne craft,
phone or voice communications will be Navy or Marine Corps activity or sta used where possible, but must be contion.
firmed as soon as possible with an im(ii) Under no circumstances shall the mediate precedence message, informaperson seeking asylum be surrendered tion to the Secretary of State (for acto foreign jurisdiction or control, tions taken pursuant to paragraphs unless at the personal direction of the (a)(2)(i) and (a)(2)(v) of this section, Secretary of the Navy or higher au also make the appropriate American thority. Persons seeking political Embassy or Consular Office an inforasylum should be afforded every rea mation addressee). If communication sonable care and protection permitted by telephone or voice is not possible, by the circumstances.
notification will be effected by an im(2) In territories under foreign juris- mediate precedence message, as dediction (including foreign territorial scribed above. The Chief of Naval Opseas, territories, and possessions):
erations Commandant of the (i) Temporary refuge shall be grant Marine Corps will cause the Secretary ed for humanitarian reasons on board
of the Navy and the Deputy Director a naval aircraft or water-borne craft,
for Operations of the National MiliNavy or Marine Corps activity or sta
tary Command Center to be notified tion, only in extreme or exceptional
without delay. circumstances wherein life or safety of
(b) Personnel of the Department of a person is put in imminent danger, such as pursuit by a mob. When tem
the Navy shall neither directly nor inporary refuge is granted, such protec
directly invite persons to seek asylum tion shall be terminated only when di
or temporary refuge. rected by the Secretary of the Navy or [41 FR 18074, Apr. 30, 1976) higher authority.
Subpart J—Rights and Responsibil- edge of the relator, which might aid or ities of Persons in the Department
be of assistance in the prosecution or of the Navy
support of any claim against the
United States. The prohibitions pre8 700.1115 Control of official records. scribed by the first sentence of this No person, without proper authori
paragraph are not applicable to an of. ty, shall withdraw official records or ficer or employee of the United States correspondence from the files, or de who is acting in the proper course of, stroy them, or withhold them from and within the scope of, his official those persons authorized to have duties, provided that the disclosure of access to them.
such information is otherwise author.
ized to be disclosed by statute, Execu8 700.1116 Disclosure and publication of tive order of the President, or depart. information.
mental regulation. (a) No person in the Department of
(d) Any person in the Department of the Navy shall convey or disclose by
the Navy receiving a request from the oral or written communication, graph
public for Department of the Navy reic (including photographic) or other
cords shall be governed by security means, any classified information
classification markings, distribution except as provided in the Department
statements on technical documents, of the Navy Information Security Pro
and the term “For Official Use Only" gram Regulation. Additionally, no
which may be used to identify materi. person in the Department of the Navy shall communicate or otherwise deal
al or records not to be released to the with foreign entities, even on an un
general public. The general regulaclassified basis, when such would
tions concerned with the availability commit the Department of the Navy to the public of the Department of the to disclose classified military informa Navy records shall be as prescribed by tion, except as may be required in his the Secretary of the Navy official duties and only after coordina (e) Persons in the Department of the tion with and approval by the release Navy desiring to submit manuscripts authority stipulated in the Depart to commercial publishers, or profesment of the Navy Information Secu
sional, political or international subrity Program Regulation.
jects shall comply with regulations (b) No person in the Department of
promulgated by the Secretary of the the Navy shall convey or disclose by
Navy. oral or written communication, publi
(f) No person in the naval service on cation, or other means, except as may be required by his official duties, any
active duty or civilian employee of the information concerning the Depart
Department of the Navy shall act as ment of Defense or forces, or any
correspondent of a news service or peperson, thing, plan or measure per
riodical, or as a television or radio taining thereto, where such informa news commentator or analyst, unless tion might be of possible assistance to assigned to such duty in connection a foreign power; nor shall any person with the public affairs activities of the in the Department of the Navy make Department of the Navy, or authorany public speech or permit publica ized by the Secretary of the Navy. tion of any article written by or for Except as authorized by the Secretary him which is prejudicial to the inter of the Navy, no person assigned to ests of the United States. The regula duty in connection with public affairs tions concerned with the release of in
activities of the Department of the formation to the public through any Navy shall receive any compensation media will be as prescribed by the Sec
for acting as such correspondent, comretary of the Navy.
mentator, or analyst. (c) No person in the Department of the Navy shall disclose any informa [39 FR 7135, Feb. 25, 1974, as amended at 41 tion whatever, whether classified or FR 18075, Apr. 30, 1976; 45 FR 80279, Dec. 4, unclassified, or whether obtained from 1980) official records or within the knowl
$ 700.1117 Official records in civil courts. his grade or rating in connection with No person in the Department of the
a commercial enterprise. “Extended Navy shall produce or release any offi
naval service,” for the purposes of this cial record in response to a subpoena
article, is defined as active duty, other duces tecum, motion for discovery, in
than active duty for training, under a terrogatory or otherwise in a civil suit,
call or order that does not specify a or in connection with preliminary in
period of thirty days or less. This artivestigations by attorneys or others
cle shall not apply to a person who is except in accordance with the provi.
not on active service, nor shall it apply sions of the Manual of the Judge Ad
to authorship of any material for pubvocate General.
lication, by persons on either active or
inactive service, provided that such 88 700.1118—700.1119 [Reserved)
material is published in accordance
with existing regulations. $ 700.1120 Rules for preventing collisions, afloat and in the air.
88 700.1134—700.1142 (Reserved) (a) All persons in the naval service
8 700.1143 Return of Government property responsible for the operation of naval
on release from active service. ships, craft and aircraft shall diligently observe the International Rules for When a person is released from Preventing Collisions at Sea, (com
active service, he shall return all Govmonly called International Rules of ernment property in his possession to the Road) Inland Rules of the Road, his commanding officer or other comdomestic and international air traffic petent authority. regulations, and such other rules and
8 700.1144 Issue or loan of public properregulations as may be established by
ty. the Secretary of Transportation or other competent authority for regulat (a) Except as prescribed in this artiing traffic and preventing collisions on cle, public property including supplies, the high seas, in inland waters, or in shall not be issued, on loan or otherthe air, where such laws, rules and wise, to any state, organization, or priregulations are applicable to naval vate individual except by special auships and aircraft. In those situations thority of Congress. where such law, rule or regulation is
(b) When SO authorized by the not applicable to naval ships, craft or senior officer present, a commanding aircraft they shall be operated with officer may issue such supplies as can due regard for safety of others.
be spared to those in distress in the (b) Any significant infraction of the event of a public exigency or calamity, laws, rules and regulations governing or to vessels in distress, and, when so traffic or designed to prevent colli authorized, he may issue rations and sions on the high seas, in inland necessities to destitute seamen and waters, or in the air, which may be ob airmen of the United States who are served by persons in the naval service received on board. The supply officer shall be promptly reported to their su. making such an issue shall do so only periors, including the Chief of Naval pursuant to an order in writing, shall Operations or Commandant of the procure receipts when practicable for Marine Corps when appropriate.
the supplies issued, and shall render (c) Reports need not be made under accounts for such supplies in accordthis article if the facts are otherwise ance with the instructions contained reported in accordance with other dir in the Naval Supply System Command ectives, including duly authorized Manual or the Marine Corps Supply safety programs.
Manual, as appropriate.
(c) Public property, except aircraft, 88 700.1121_700.1132 (Reserved)
may be loaned by the commandant of
& naval district to a state located $ 700.1133 Use of title for commercial en
within the district and maintaining terprises.
naval militia organizations, for use by No person in the naval service shall, & naval militia organization in that while on extended naval service, use state, provided that 95 percent of the
personnel of the last-mentioned orga- 8 700.1151 Responsibilities concerning
(a) All personnel shall endeavor to scribed by the Secretary of the Navy
prevent and eliminate the unauthor for similar organizations of the Naval
ized use of marijuana, narcotics, and
other controlled substances within the Reserve. A report of such loans shall
naval service. be made by the commandant to the in
(b) Except for authorized medicinal terested bureaus, offices or commands of the Navy Department.
purposes, the introduction, possession,
use, sale, or other transfer of marijua. 88 700.1145—700.1149 [Reserved]
na, narcotic substances or other con
trolled substances on board any ship, 8 700.1150 Alcoholic liquors.
craft, or aircraft of the Department of (a) Except as may be authorized by
the Navy or within any naval station the Secretary of the Navy, the intro
or other place under the jurisdiction
of the Department of the Navy, or the duction, possession or use of alcoholic
possession, use, sale, or other transfer liquors for beverage purposes on board
of marijuana, narcotic substances or any ship, craft, aircraft, or in any vehi
other controlled substances by persons cle of the Department of the Navy is
in the naval service, is prohibited. prohibited. The transportation of alco
(c) The term “controlled substance" holic liquors for personal use ashore is
means: a drug or other substance in. authorized, subject to the discretion of
cluded in Schedule I, II, III, IV, or V the officer in command or officer in
established by section 202 of the Comcharge, or higher authority, when the liquors are delivered to the custody of
prehensive Drug Abuse Prevention
and Control Act of 1970 (84 Stat. the officer in command or officer in
1236), as updated and republished charge of the ship, craft, or aircraft in sealed packages, securely packed,
under the provisions of that Act. properly marked and in compliance
88 700.1152—700.1160 (Reserved] with customs laws and regulations, and stored in securely locked compart- 8 700.1161 Endorsement
of commercial ments, and the transportation can be product or process. performed without undue interference with the work or duties of the ship,
Except as necessary during contract
administration to determine specificacraft, or aircraft. Whenever alcoholic
tion or other compliance, no person in liquor is brought on board any ship, craft, or aircraft for transportation for
the Department of the Navy, in his ofpersonal use ashore, the person who
ficial capacity, shall endorse or exbrings it on board shall at that time
press an opinion of approval or disapfile with the officer in command or of
proval of any commercial product or ficer in charge of the ship, craft, or
process. aircraft, a statement of the quantity and kind of alcoholic liquor brought
Subpart K-Purpose and Force of on board by him, together with his Regulations within the Department certification that its importation will
of the Navy be in compliance with customs and internal revenue laws and regulations
$ 700.1201 Purpose and force of United and applicable State or local laws at
States Navy Regulations. the place of debarkation.
United States Navy Regulations is (b) The introduction, possession, and the principal regulatory document of use of alcoholic liquors for beverage the Department of the Navy, endowed purposes or for sale is authorized with the sanction of law, as to duty, within naval activities and other responsibility, authority, distinctions, places ashore under naval jurisdiction, and relationships of various to the extent and in such manner as mands, officials, and
individuals. the Secretary of the Navy may pre- Other regulations, instructions, scribe.
orders, manuals, or similar publica
Subpart E-Indexing, Public Inspection, and
Federal Register Publication of Department of the Navy Directives and Other Documents Affecting the Public
Eies tions, shall not be issued within the 8, and othe Department of the Navy which con
flict with, alter or amend any provi
sion of Navy Regulations. mall endear
8 700.1202 Issuances concerning matters narcotis
over which control is exercised.
Responsible officers and officials of Fized meci the Department of the Navy may on, poster issue, or cause to be issued, orders, er of ma instructions, directives, manuals or or other similar publications concerning matard any ters over which they exercise comDepartme mand, control, or supervision. naval su e jurisdi PART 701-AVAILABILITY OF DENavy , a
PARTMENT OF THE NAVY RECher trau
CORDS AND PUBLICATION OF DEabstance s by pen
PARTMENT OF THE NAVY DOCUcibited
MENTS AFFECTING THE PUBLIC
Sec. 701.51 Purpose. 701.52 Scope and applicability. 701.53 [Reserved) 701.54 Policy. 701.55 [Reserved) 701.56 Publication of adopted regulatory
documents for the guidance of the
public. 701.57 Prepublication of proposed regula
tions for public comment. 701.58 Petitions for issuance, revision, or
cancellation of regulations affecting the
public. 701.59 Availability, publication, and index
ing of other documents affecting the public.
Subpart F-Personal Privacy and Rights of In
dividuals Regarding Their Personal Records
Subpart A-Requests for Records
substa bstanc I, IV, 1 f the Q Prevent
(84 S publici
Sec. 701.1 Purpose. 701.3 Scope and effect. 701.4 "Record(s)" defined. 701.5 General provisions. 701.6 Form and addresses for requests for
records. 701.7 Responsibility and authority for de
terminations. 701.8 Procedures for processing requests. 701.9 Appeals from denials of requests for
701.100 Purpose. 701.101 Scope and effect. 701.104 Policy, responsibilities and authori.
ty. 701.105 Definitions. 701.106 Notification, access, and amend
ment procedures. 701.107 Disclosure to others and disclosure
accounting. 701.109 Collection of personal information
from individuals. 701.110 Safeguarding
information. 701.111 Exemptions. 701.112 Contractors. 701.117 Rules for amendment requests. 701.118 Rules of conduct under the Priva
contri pecifix TSON
Subpart B-Guidelines on Matters Which Are
Exempt From Public Disclosure
hisa or !!
701.21 General rule. 701.22 “Reasonably segregable" matters. 701.23 Judicial review. 701.24 Specific exemptions.
Subpart C-Addresses for Requests for Depart
ment of the Navy Records and Locations at Which Department of the Navy Records Are Available for Public Inspection
Subpart G-Privacy Act Exemptions 701.120 Purpose. 701.121 Exemption for classified records. 701.122 Exemption for security operations
activities. 701.123 Exemptions for specific Navy
record systems. 701.124 Exemptions for specific Marine
Corps record systems. AUTHORITY: 5 U.S.C. 552, as amended by Pub. L. 93-502, 32 CFR Part 286 (40 FR 8190). Subpart E also issued under 32 CFR Part 296 (40 FR 4911), unless otherwise noted.
SOURCE: 40 FR 12777, Mar. 21, 1975, unless otherwise noted.
701.31 Addresses for requests for Depart
ment of the Navy records. 701.32 Locations at which Department of
the Navy records are available for public inspection.
Subpart D-Schedules of Foos
701.40 Uniform search and duplication fees
for Department of Defense components.