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authorities in Such cases, but shall protect the ship or aircraft and the Government-owned stores and cargo from any search or Seizure.

(c) Upon arrival from a foreign country, at the first port of entry in United States territory, the Commanding officer, or the senior officer of ships or aircraft in company, shall notify the collector of the port. Each individual aboard shall, in accordance with customs regulations, Submit a list of articles purchased or otherwise acquired by him abroad. Dutiable articles shall not be landed until the customs officer has completed his inspection.

(d) Commanding officers of naval vessels and aircraft, transporting United States civilian and foreign military and civilian passengers shall satisfy themselves that the passenger clearance requirements of the Immigration and Naturalization Service are Complied with upon arrival at points within the jurisdiction of the United States. Clearance for Such passengers by an immigration officer is necessary upon arrival from foreign ports and at the Completion of movements between any of the following: Continental United States (including Alaska, and Hawaii), Canal Zone, Puerto Rico, Virgin Islands, Guam, American Samoa, or other outlying places subject to United States jurisdiction. Commanding officers prior to arriving shall advise the cognizant naval or civilian port, authority of the aforementioned passengers aboard and shall detain them for clearance as required by the Immigration and Naturalization Service.

(e) The provisions of this article shall not be construed to require delaying the movements of any ship or aircraft of the Navy in the performance of the assigned duty.

$700,765 Environmental pollution.

The commanding officer shall cooperate with local, state and other governmental authorities in the prevention, control and abatement of environmental pollution to the extent reSources and Operational considerations permit. He shall be aware of existing policies regarding polution control and he should recommend remedial measures when appropriate.

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(a) All persons in the naval Service on active Service, and those On the retired list with pay, and transferred members Of the Fleet, Reserve and the Fleet Marine Corps Reserve, are at all times Subject to naval authority. While on active Service they may, if not on leave of absence except as noted below, on the Sick list, taken into Custody, under arrest, Suspended from duty, in Confinement, or Otherwise incapable of discharging their duties, exercise authority Over all persons who are subordinate to them. (b) A person in the naval Service, although on leave, may exercise authority: (1) When in a naval ship or aircraft and placed on duty by the commanding Officer Or aircraft Commander. (2) When in a ship or aircraft of the armed Services of the United States, Other than a naval ship or aircraft, as the commanding officer of naval perSonnel embarked, or when placed On duty by Such Officer. (3) When Senior Officer at the Scene of a riot or other emergency, or when placed on duty by such officer.

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(a) No person who is not on active Service or leave of absence shall be Ordered into active service or on duty without permission of the Commandant of the Marine Corps, or the Chief of Naval Personnel, except: (1) In the case of a person on leave of absence by the officer who granted the leave Or a Superior. (2) By the senior officer present on a foreign Station. (b) In the event that the Senior officer present of a foreign Station issues any orders as contemplated by this article, he shall report the facts, including the reasons for issuing such orders, to the Chief of Naval Personnel or the Commandant of the Marine Corps, without delay. (c) Retired officers of the Navy and Marine Corps may be ordered to active service, with their consent, in time of peace. In time of war or a national emergency, such retired officers may, at the discretion of the Secretary of the Navy, be ordered to active Service.

Subport —The Senior Officer Present

SOURCE: 39 FR 7220, Feb. 25, 1974 unless otherwise noted.

$700.901 The senior officer present.

Unless some other officer has been so designated by competent authority, the “senior officer present” is the senior line officer of the Navy on active duty, eligible for command at sea, who is present and in Command of any part of the Department of the Navy in the locality or within an area, prescribed by competent authority, except where perSonnel of both the Navy and the Marine Corps are present on shore and the officer of the Marine Corps who is in command is senior to the Senior line officer of the Navy. In such cases, the Officer of the Marine Corps shall be the Senior officer present on shore.

$700.902 [Reserved]

$700.903 Authority and responsibility.

At all times and places not excluded in these regulations, or in orders from competent authority, the Senior officer present shall assume command and direct the movements and efforts of all persons in the Department of the Navy present, when, in his judgment, the exercise of authority for the purpose of cooperation or otherwise is necessary. He shall exercise his authority in a manner consistent with the full operational command vested in the comimanders of unified or specified Commands.

$700.904 Authority of senior officer of the Marine Corps present.

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and noncommissioned officers to maintain order and suppress any unseemly conduct on the part of any person on liberty. The senior patrol officer shall communicate with the Chief of police or other local Officials and make such arrangements as may be practicable to aid the patrol in carrying out its duties properly. Such duties may include providing assistance to military personnel in relations with civil Courts and police, arranging for release of service personnel from civil authorities to the parent command, and providing other services that favorably influence discipline and morale.

(b) 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 permission; and, unless it is given willingly and cordially, the patrol shall not be landed. If consent cannot be obtained, the size of liberty parties shall be held to such limits as may be necessary to render disturbances unlikely.

(c) Officers and men on patrol duty in a foreign country normally should not be armed. In the United States, officers and men may be armed as prescribed by the Senior officer present.

(d) No officer or man who is a member of the shore patrol Or beach guard, or is assigned in support thereof, shall partake of or indulge in any form of intoxicating beverage or other form of intoxicant while on duty, on post, or at Other times prescribed by the Senior patrol officer. The senior patrol officer shall ensure that the provisions of this paragraph are strictly observed and shall report promptly in writing to the Senior officer present all violations of these provisions that may come to his notice. All officers and men of the patrol shall report to the senior patrol of ficer all violations of the provisions of this paragraph on the part of those under them.

$700.923 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.

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$700.940 Granting of asylum and temporary refuge. (a) If an Official of the Department of the Navy is requested to provide asylum or temporary refuge, the following procedures shall apply: (1) On the high Seas or in territories under exclusive United States jurisdiction (including territorial seas, the Commonwealth of Puerto Rico, territories under United States administration, and possessions): (i) At his request, an applicant for asylum will be received on board any naval aircraft or water-borne Craft, Navy Or Marine Corps activity Or Station. (ii) Under no Circumstances shall the person Seeking asylum be surrendered to foreign jurisdiction or control, unless at the personal direction of the Secretary of the Navy or higher authority. Persons seeking political asylum should be afforded every reasonable care and protection permitted by the Circumstances. (2) In territories under foreign jurisdiction (including foreign territorial SeaS, territories, and possessions): (i) Temporary refuge shall be granted for humanitarian reasons on board a naval aircraft or water-borne Craft, Navy Or Marine Corps activity Or Station, only in extreme or exceptional Circumstances wherein life Or Safety Of a person is put in imminent danger, such as pursuit by a mob. When temporary refuge is granted, such protection shall be terminated only when directed by the Secretary of the Navy or higher authority. (ii) A request by foreign authorities for return of Custody of a person under the protection of temporary refuge will be reported to the CNO or Commandant of the Marine Corps. The requesting foreign authorities will be informed that the case has been referred to higher authorities for instructions. (iii) Persons whose temporary refuge is terminated will be released to the protection of the authorities des— ignated in the message authorizing release. (iv) While temporary refuge can be granted in the circumstances set forth above, permanent asylum will not be granted. (v) Foreign nationals who request asSistance in forwarding requests for political asylum in the United States will be advised to apply in person at the nearest American Embassy or ConSulate. (3) The Chief of Naval Operations or Commandant of the Marine Corps, as appropriate, will be informed by the most expeditious means of all action taken pursuant to paragraphs (a)(1) and (a)(2) of this section, as well as the attendant circumstances. Telephone or voice Communications will be used where possible, but must be confirmed as Soon as possible with an immediate precedence message, information to the Secretary of State (for actions taken pursuant to paragraphs (a)(2)(i) and (a)(2)(V) of this Section, also make the appropriate American Embassy or Consular Office an information addressee). If Communication by telephone or voice is not possible, notification will be effected by an immediate precedence message, as described above. The Chief of Naval Operations or Commandant of the Marine Corps will cause the Secretary of the Navy and the Deputy Director for Operations Of the National Military Command Center to be notified without delay. (b) Personnel of the Department of the Navy shall neither directly nor indirectly invite persons to seek asylum Or temporary refuge.

[41 FR 18074, Apr. 30, 1976]

Subpart J–Rights and Responsibilifies of Persons in the Deportment of the Novy

$700.1115 Control of official records.

No person, without proper authority, shall withdraw official records or correspondence from the files, or destroy

them, or withhold them from those persons authorized to have access to them.

$700.1116 Disclosure and publication of information.

(a) No person in the Department of the Navy shall convey or disclose by Oral or written communication, graphic (including photographic) or other means, any classified information except as provided in the Department of the Navy Information Security Program Regulation. Additionally, no person in the Department of the Navy shall communicate or otherwise deal with foreign entities, even on an unclassified basis, when such would commit the Department of the Navy to disclose classified military information, except as may be required in his offiCial duties and only after coordination with and approval by the release authority stipulated in the Department of the Navy Information Security Program Regulation.

(b) No person in the Department of the Navy shall convey or disclose by Oral or written communication, publiCation, or other means, except as may be required by his official duties, any information concerning the Department of Defense or forces, or any person, thing, plan or measure pertaining thereto, where such information might be of possible assistance to a foreign power; nor shall any person in the Department of the Navy make any public Speech or permit publication of any article written by or for him which is prejudicial to the interests of the United States. The regulations conCerned with the release of information to the public through any media will be as prescribed by the Secretary of the Navy.

(c) No person in the Department of the Navy shall disclose any information whatever, whether classified or unclassified, or whether obtained from official records or within the knowledge of the relator, which might aid or be of assistance in the prosecution or Support of any claim against the United States. The prohibitions preScribed by the first sentence of this paragraph are not applicable to an officer or employee of the United States who is acting in the proper course of, and within the Scope of, his official duties, provided that the disclosure of such information is otherwise authorized to be disclosed by statute, Executive order of the President, or departmental regulation.

(d) Any person in the Department of the Navy receiving a request from the public for Department of the Navy records shall be governed by security classification markings, distribution Statements On technical documents, and the term “For Official Use Only” which may be used to identify material or records not to be released to the general public. The general regulations concerned with the availability to the public of the Department of the Navy records shall be as prescribed by the Secretary of the Navy.

(e) Persons in the Department of the Navy desiring to submit manuscripts to commercial publishers, or profesSional, political or international Subjects shall comply with regulations promulgated by the Secretary of the Navy.

(f) NO person in the naval Service on active duty or civilian employee of the Department Of the Navy shall act as correspondent of a news Service or periodical, or as a television or radio news commentator or analyst, unless asSigned to Such duty in Connection with the public affairs activities of the Department of the Navy, Or authorized by the Secretary of the Navy. Except as authorized by the Secretary of the Navy, no person assigned to duty in connection with public affairs activities of the Department of the Navy shall receive any compensation for acting as such correspondent, commentator, or analyst.

[39 FR 7135, Feb. 25, 1974, as amended at 41 FR 18075, Apr. 30, 1976; 45 F.R. 80279, Dec. 4, 1980]

$700.1117 Official records in civil

Courts.

No person in the Department of the Navy shall produce or release any official record in response to a subpoena. duces tecum, motion for discovery, interrogatory or otherwise in a civil suit, Or in Connection with preliminary investigations by attorneys or others except in accordance with the provisions

of the Manual of the Judge Advocate General.

[Reserved]

$700.1120 Rules for preventing collisions, afloat and in the air.

(a) All persons in the naval service responsible for the operation of naval ships, craft and aircraft shall diligently observe the International Rules for Preventing Collisions at Sea, (commonly called International Rules of the Road) Inland Rules of the Road, domestic and international air traffic regulations, and Such other rules and regulations as may be established by the Secretary of Transportation or other competent authority for regulating traffic and preventing collisions on the high Seas, in inland waters, or in the air, where such laws, rules and regulations are applicable to naval ships and airCraft. In those situations where such law, rule or regulation is not applicable to naval ships, craft or aircraft they shall be operated with due regard for Safety of Others.

(b) Any Significant infraction of the laws, rules and regulations governing traffic or designed to prevent collisions On the high seas, in inland waters, or in the air, which may be observed by perSons in the naval Service shall be promptly reported to their superiors, including the Chief of Naval Operations or Commandant of the Marine Corps when appropriate.

(C) Reports need not be made under this article if the facts are otherwise reported in accordance with other directives, including duly authorized Safety programs.

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§§700.1121-700.1132 [Reserved]

§ 700.1133 Use of title for commercial enterprises.

No person in the naval Service shall, while on extended naval service, use his grade or rating in connection with a commercial enterprise. “Extended naval Service,” for the purposes of this article, is defined as active duty, other than active duty for training, under a call or order that does not specify a period of thirty days or less. This article shall not apply to a person who is not On active Service, nor Shall it apply to

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