(b)
INTERNATIONAL AIRSPACE - International airspace includes all airspace seaward of coastal states territorial airspace. International airspace includes airspace over contiguous zones (defined below), exclusive economic zones, and the high seas. International airspace is open to aircraft of all nations. Military aircraft may operate in such areas free of interference of control by the coastal state.
(c)
INTERNATIONAL STRAITS OVERLAPPED BY TERRITORIAL SEAS - Such straits connect one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. All aircraft have the right of transit passage through these International straits. Such transits must be continuous and expeditious. Coastal states may not legally require prior approval or notification for exercise of the right of transit passage of International straits. As a matter of United States policy, when flying Due Regard, no prior notification to coastal states will be provided when exercising the right of transit passage. When flying in accordance with ICAO rules and
procedures, an ICAO flight plan may be filed with coastal state civil aviation authorities when exercising the right of transit passage. In no event, however, whether flying Due Regard or ICAO rules and procedures, will a diplomatic clearance be obtained from a coastal state for transit of an International strait.
(d)
ARCHIPELAGIC SEA LANES - Archipelagic waters are those waters enclosed by the baselines drawn by an archipelagic nation. All aircraft, including military aircraft, have the right of archipelagic sea lanes passage through air routes traversing the archipelagic waters and adjacent territorial sea of an archipelagic nation. Such air routes include all normal passage routes used for International navigation through or over archipelagic waters. Archipelagic nations may not legally require prior approval or notification for exercise of the right of archipelagic sea lanes passage. As a matter of United States policy, when flying Due Regard, no prior notification to archipelagic states will be provided when exercising the right of archipelagic sea lanes passage. When flying in accordance with ICAO rules and procedures, an ICAO flight plan may be filed with archipelagic nation civil aviation authorities when exercising the right of archipelagic sea lanes passage. In no event, however, whether flying Due Regard or ICAO rules and procedures, will a diplomatic clearance be obtained from an archipelagic nation for transit of archipelagic sea lanes.
(e)
CONTIGUOUS ZONE - A contiguous zone is an area seaward of the territorial sea in which the coastal state may exercise the control necessary to prevent or punish infringement of its customs, fiscal, immigration, and sanitary laws and regulations that occur within its territory or territorial sea. The contiguous zone may not extend beyond 24 nautical miles from the baseline from which the breadth of the territorial sea is measured (i.e., 12 nautical miles territorial sea plus 12 nautical miles contiguous zone). In the contiguous zone ships and aircraft, including warships and military aircraft, of all states enjoy the high seas freedoms of navigation and overflight.
d. PROCEDURES -
(1)
United States military aircraft operating in International airspace, through an International strait, or through archipelagic sea lanes, challenged by authorities of a coastal or archipelagic state should advise such authorities that it is a United States military aircraft. in accordance with International law, the aircraft is operating in International airspace, exercising the right of transit passage of an International strait, or exercising the right of archipelagic sea lane passage, as the case may be. Aircraft should continue on planned route of flight.
(2)
United States military aircraft intercepted by foreign aircraft should comply with established DoD flight Information Procedures and International Intercept Procedures.
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