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0602. "Eligible for Command at Sea" Construed.

The term "eligible for command at sea" shall be construed to apply to all male officers of the line of the Navy (including Naval Reserve) on active service, except those designated for the performance of engineering, aeronautical engineering or special duties, and except those limited duty and Naval Reserve officers who are not authorized to perform all deck duties afloat. 0603. Authority and Responsibility.

At all times and places not specifically provided in these regulations, or in orders from competent authority, where the exercise of military authority for the purpose of cooperation or otherwise is necessary, of which he shall be the judge, the senior officer present shall assume command and direct the movements and efforts of all persons in the Naval Establishment present. He shall exercise his authority in a manner consistent with the full operational command vested pursuant to law in the commanders of unified or specified combatant commands.

0604. Authority of Senior Officer of the Marine Corps Present.

The authority and responsibility of the senior officer present are also conferred upon the senior commanding officer of the Marine Corps present, with respect to those units of the Marine Corps, including attached Navy personnel, which are in the locality and not under the authority of the senior officer present. 0605. Commands Diverted by the Senior Officer Present.

The senior officer present shall not divert a command from an operation or duty assigned by another authority unless the public interest demands. When orders issued by the senior officer present conflict with an operation or duty assigned to a command, the commanding officer of such command shall disclose his orders to the senior officer present to the extent permitted by the instructions contained therein, in order that the latter may give them due consideration. The senior officer present shall promptly inform a common superior when he has diverted any command from a previously assigned operation or duty, and shall release such command when its assistance is no longer required.

0606. Authority Within Commands.

In the exercise of his authority, the senior officer present shall not normally concern himself with administrative matters within commands other than his own, except to the extent necessary to secure such uniformity and coordination of effort as may be required. 0607. To Make Known His Identity.

When doubt may exist, or when circumstances require, the senior officer present shall inform all commanding officers concerned, in the locality or prescribed geographical area, that he is the senior officer present.

0608. Reports and Calls by Juniors.

All commanding officers shall keep themselves informed of the identity of the senior officer present. The senior commander of each unit present shall inform the senior officer present of the orders under which he is acting, to the extent permitted therein, and of the condition of his command. When circumstances permit, he shall call upon the senior officer present.

0609. Concert of Action With Other Armed Forces.

When in the vicinity of other armed forces of the United States or of an ally of the United States, the senior officer present shall, as far as possible, maintain a complete concert of action with their commander. He shall cooperate with the commander of such forces in the preparation and execution of plans for such joint action as may be necessary.

0610. Relations With Diplomatic and Consular Representatives.

The senior officer present shall, insofar as possible, preserve close relations with the diplomatic and consular representatives of the United States. He shall consider any recommendations, requests, or other communications from any such representative. While due weight should be given to the opinions and advice of such representatives, the senior officer present is solely and entirely responsible for his official

acts.

0611. Readiness and Safety of Forces.

1. The senior officer present shall prescribe the conditions of readiness of all the forces present and under his authority.

2. The senior officer present is responsible

for the safety of the units in company, and shall, at sea, direct the course to be steered and the disposition to be employed.

3. To the extent which the situation demands, the senior officer present shall be prepared for action, and shall guard against surprise attack. With the means at his disposal, he shall put into effect such measures as are necessary to minimize the possibility of the undetected approach of hostile air, surface, or subsurface forces, and shall take all action possible to destroy such hostile forces prior to their reaching attack positions.

0612. Information Furnished to Subordinates.

Before engaging in any operation in time of war, the senior officer present shall, if practicable, supply the commanding officers present with his operation plan and battle plan, and shall communicate to the principal subordinates present such information as will assist them if called upon to assume command.

0613. Violations of International Law and Treaties.

On occasions where injury to the United States or to citizens thereof is committed or threatened, in violation of the principles of international law or treaty rights, the senior officer present shall consult with the diplomatic or consular representatives of the United States, if possible, and shall take such action as the gravity of the situation demands. The responsibility for any action taken by a naval force, however, rests wholly upon the senior officer present. He shall immediately report all the facts to the Secretary of the Navy.

0614. Use of Force Against a Friendly State.

1. The use of force by United States naval personnel against a friendly foreign state, or against anyone within the territories thereof, is illegal.

2. The right of self-preservation, however, is a right which belongs to states as well as to individuals, and in the case of states it includes the protection of the state, its honor, and its possessions, and the lives and property of its citizens against arbitrary violence, actual or impending, whereby the state or its citizens may suffer irreparable injury. The conditions calling for the application of the right of selfpreservation cannot be defined beforehand, but

must be left to the sound judgment of responsible officers, who are to perform their duties in this respect with all possible care and forebearance. In no case shall force be exercised in time of peace otherwise than as an application of the right of self-preservation as above defined. It must be used only as a last resort, and then only to the extent which is absolutely necessary to accomplish the end required. It can never be exercised with a view to inflicting punishment for acts already committed.

3. Whenever, in the application of the abovementioned principles, it shall become necessary to land an armed force in a foreign territory on occasions of political disturbance where the local authorities are unable to give adequate protection to life and property, the assent of such authorities, or of some one of them, shall first be obtained, if it can be done without prejudice to the interests involved.

0615. Issue of Ultimatum.

No officer in the naval service shall issue an ultimatum to the representative of any foreign government, or demand the performance of any service from any such representative, without first communicating with the Secretary of the Navy, except in extreme cases where such action is necessary to save life.

0616. Important Circumstances to be Reported.

1. The senior officer present shall make to his commander in chief or to the Chief of Naval Operations a detailed report of any important circumstances in connection with, or duty performed by, the forces under him, and shall require from his subordinates such reports as may be necessary.

2. In the event of landing a party under arms in foreign territory for other than training, shore patrol, or parade purposes, the senior officer present shall cause a list of the names of all persons in the landing party to be forwarded to the Chief of Naval Personnel or to the Commandant of the Marine Corps, as appropriate. 0617. Requests for Services Through a Consular Representative.

When requesting through a consular representative of the United States the performance of a service which may involve an expenditure of funds, the senior officer present shall in each case inform the consul as to whether the Navy

has funds available to make the corresponding payment. When he is unable to do so and when the consul has no available funds, the consul may be expected to decline to procure the service.

0618. Communications with Foreign Officials.

When in foreign countries, the senior officer present shall, as a general rule, communicate with foreign civil, diplomatic, or consular officials through the local United States diplomatic or consular representatives.

0619. Absence of Diplomatic or Consular Representative.

In the absence of a diplomatic or consular representative of the United States, a senior officer present in a foreign country has authority:

1. To communicate or remonstrate with foreign civil authorities as may be necessary.

2. To urge upon citizens of the United States the necessity of abstaining from participation in political controversies or violations of the laws of neutrality.

0620. Protection of Commerce of the United States.

So far as lies within his power, acting in conformity with international law and treaty obligations, the senior officer present shall protect all commercial vessels and aircraft of the United States in their lawful occupations, and shall advance the commercial interests of this country.

0621. Granting of Asylum.

The right of asylum for political or other refugees has no foundation in international law. In countries, however, where frequent insurrections occur, and constant instability of government exists, usage sanctions the granting of asylum; but even in waters of such countries, officers should refuse all applications for asylum except when required by the interests of humanity in extreme or exceptional cases, such as the pursuit of a refugee by a mob. Officers shall neither directly nor indirectly invite refugees to accept asylum.

0622. Territorial Authority of Foreign Nations.

1. The senior officer present shall, in the exercise of his command, scrupulously respect the territorial authority of nations in amity with the United States.

2. Unless permission has been obtained from local authorities:

(a) No armed force for exercise, target practice, funeral escort, or other purposes shall be landed.

(b) No persons shall be allowed to visit the shore, except as necessary to conduct official business.

(c) No men shall be landed to capture deserters.

3. Target practice with guns, torpedoes, rockets, guided missiles, or other weapons shall not take place, without permission from the government of the country concerned, within foreign territorial waters or at any point from which projectiles, torpedoes, or missiles may enter therein.

4. Aircraft shall not be operated within the territorial jurisdiction of a nation in amity with the United States without permission of the appropriate authorities of such nation; nor shall submarines be submerged within its territorial waters without similar permission. 0623. Dealings with Foreigners.

The senior officer present shall uphold the prestige of the United States. He shall impress upon officers and men that when in foreign ports it is their duty to avoid all possible causes of offense to the authorities or inhabitants; that due deference must be shown by them to the local laws, customs, ceremonies, and regulations; that in all dealings with foreigners, moderation and courtesy should be displayed; and that a feeling of good will and mutual respect should be cultivated.

0624. Leave and Liberty.

Subject to such orders as he may have received from competent authority, the senior officer present shall regulate leave and liberty. 0625. Shore Patrol.

1. When liberty is granted to any considerable number of persons, except in a city large enough to care properly for them without danger of disturbance or disorder, the senior officer present shall cause to be established a sufficient patrol of officers, petty officers, and noncommissioned officers, in charge of an officer, to maintain order and suppress any unseemly conduct on the part of any member of the liberty party. The senior patrol officer shall com

extensive

municate with the chief of police or other local officials and make such arrangements as may be practicable to aid the patrol in properly carrying out its duties.

2. A patrol shall not be landed in any foreign port without first obtaining the consent of the proper local officials. Tact must be used in requesting this permission, and unless it is willingly and cordially given, the patrol shall not be landed. If consent cannot be obtained, the size of the liberty parties shall be held to such limits as may be necessary to render disturbances unlikely.

3. Officers and men on patrol duty in a foreign country shall be unarmed; when in a United States port officers and men shall be armed as prescribed by the senior officer present.

4. No officer or man who is a member of the shore patrol shall, while on watch, on post, or at other times prescribed by the senior patrol officer, partake of or indulge in any form of intoxicating liquor or other form of intoxicant or narcotic. The senior patrol officer shall see that the provisions of this paragraph are strictly observed, and shall promptly report to the senior officer present, in writing, all violations of it that may come to his notice. All officers and men of the patrol shall report to the senior patrol officer all violations of the provisions of this paragraph on the part of those under them.

0626. Precautions for Health.

The senior officer present shall take precautions to preserve the health of the persons under his authority. He shall obtain information regarding the healthfulness of the area and medical facilities available therein, and shall adopt such measures as are required by the situation.

0627. Medical or Dental Aid to Persons not in the Navy.

The senior officer present may require the officers of the Medical Corps and Dental Corps under his authority to render professional aid to persons not in the naval service, when such aid is necessary and demanded by the laws of humanity or the principles of international courtesy.

0628. Casualty Reports.

The senior officer present shall insure that:

Seribus

1. Report of damage to a vessel by collision, grounding, or other casualty which will require repairs, and other important information which should be known without delay, is promptly made to the Chief of Naval Operations, the commander in chief, and any bureau or office concerned.

2. Report of aircraft damaged beyond economical repair or requiring major overhaul, and other important information connected with accidents to aircraft, is promptly made to the Chief of Naval Operations, the commander in chief, and any bureau or office concerned.

3. When such accidents occur in waters adjacent to a naval base or other repair activity, the commanders of these activities are also informed.

0629. Assistance and Repairs to Ships and Aircraft in Distress.

1. The senior officer present shall afford all assistance in his power to distressed ships and aircraft of the United States and of foreign states at peace with the United States.

2. The senior officer present (subject to the restrictions pertaining to the repair of merchant ships in collision with ships of the Navy) may, in emergencies which, in his opinion, justify such action, authorize limited repairs to ships and aircraft other than those of the naval service by personnel of the Operating Forces, provided that no other means are available for such work.

3. The senior officer present shall report the facts to the Chief of Naval Operations in each important instance when assistance is rendered or repairs made in accordance with the foregoing.

4. The accounting for such assistance and repairs, including compensation of the naval personnel involved, shall be as prescribed by the Chief of the Bureau of Supplies and Ac counts or the Commandant of the Marine Games. Comptroller of the Navy.

0630. If Refused Assistance.

If refused assistance by any foreign official, the senior officer present shall report the circumstances to his commander in chief and to the Chief of Naval Operations.

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