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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

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personnel of the last-mentioned orga- 8 700.1151 Responsibilities concerning
nization are attached to or associated marijuana, narcotics, and other con
with a unit of the naval reserve, and trolled substances.
provided that the naval militia organi-
zation conforms to the standards pre-

(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

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Subpart E-Indexing, Public Inspection, and

Federal Register Publication of Department of the Navy Directives and Other Documents Affecting the Public

the ungti

nces withi

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





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

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701.21 General rule. 701.22 “Reasonably segregable" matters. 701.23 Judicial review. 701.24 Specific exemptions.

cy Act.

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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.

is of

ed I,

Subpart D-Schedules of Foos

701.40 Uniform search and duplication fees

for Department of Defense components.

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