NOTICE TO RESEARCH VESSEL OPERATORS NO. 66
SUBJECT:
Post Cruise Obligations
Released by the Department of State, Bureau of Oceans
and International Environmental and Scientific Affairs,
September 27, 1991.
The United States has always emphasized the need to
provide data results and final reports to the coastal
states that have granted permission to conduct marine
scientific research. UNOLS, the National Academy of
Sciences, and the Department of State agreed in 1979
to institute a procedure for complying with post-cruise
obligations. In March 1983, President Reagan proclaimed
a U.S. exclusive economic zone (EEZ) and recognized
the right of other coastal states to exercise jurisdiction
over marine scientific research within 200 nautical
miles of their coasts. The concept of the EEZ has been
recognized as a valid part of customary international
law by the International Court of Justice, and mandatory
sharing of data results is a universally accepted requirement
embodied in the EEZ concept.
The purpose of issuing a revised notice on post-cruise
obligations is to reiterate the instructions, which
will hopefully result in better compliance. Also, the
consequences of non-compliance have become more serious,
owing to more vigorous attempts by this office to obtain
100 percent compliance in a more timely manner. The
cooperation of all researchers in foreign waters is
required to ensure continued U.S. access to those areas.
Within 30 days after completing a research cruise,
the chief scientist must complete a Preliminary
Cruise Report Form [
pdf
file], attach a page-sized track chart, and submit
the materials to the following:
Research Vessel Clearance Officer
U.S. Department of State
OES/OA, Room 5805
2201 C Street, NW
Washington, DC 20520
Since the Preliminary Cruise Report Form is our first
communication back to the foreign coastal state granting
clearance, the Form should be submitted on institution
letterhead. Incomplete and illegible forms will be subject
to rejection by the Department of State.
The Form must clearly state when (Month, Year) various
data, analyses and reports will be submitted to the
Department of State (eg. each cruise at a minimum should
provide data results and a detailed final report on
the research project).
If granted clearance from one of the following countries,
the chief scientist must provide multiple copies of
the cruise materials: Bahamas (3), Brazil (2), Columbia
(2) Dominican Republic (3), Denmark (2), Ecuador (2),
France (2), Hague Caribbean Countries (5), Mexico (4).
The chief scientist will be expected to provide all
post-cruise materials by the deadlines he/she provides.
Every precaution should be made to assure timely delivery
of the materials. Any delay in delivery must be reported
to the Department of State in writing, providing both
explanation and revised deadlines (Month, Year).
The clearance agreement is made with the Foreign Ministry
of the coastal state, and even though copies of data
and samples may have been supplied directly to a participant
from the coastal state, all materials must also be forwarded
to the Foreign Ministry through the Department of State
and our Embassy in the coastal state. Consequently,
post cruise materials should always be submitted to
the Department of State. On occasion, scientists may
prefer to mail bulky data samples or tapes directly
to a foreign scientific institution or agency, which
is permissible, and in some cases preferable, but it
is extremely important that copies of the letter of
transmittal be sent to the Department of State. Likewise,
if data has been posted on a public website, the chief
scientist must provide the URL (web address) in a formal
letter to the Department of State, indicating a point
of contact for the data.
Should the chief scientist fail to submit post-cruise
materials or fail to notify the Department of State
of a delay in delivery, the Department of State will
not process any subsequent requests for foreign clearance
for that scientist. This action is necessary to ensure
complete compliance and to protect other scientists
who may wish to gain access to conduct research in the
same areas. It must be remembered that the clearance
agreement is between the United States and the coastal
state. Failure to provide copies of all data, results
and reports is grounds for the coastal state to deny
access to the United States to conduct research, and
such denials may not be limited to a specific scientist,
vessel or institution.
The bureaucratic implications of this notice are obvious
and necessary owing to the tremendous amount of post
cruise materials which must be dealt with. All researchers
will be expected to contribute to the systematic handling
of this material by submitting all post cruise materials
according to prescribed schedules. If you are not consciously
striving to assist in the provision of this material
to the coastal states, then you are potentially jeopardizing
access to foreign waters for U.S. scientists, including
yourself.
Our overall objective is to ensure continued access
for U.S. researchers to foreign waters. Compliance with
post cruise obligations is a very small cost to ensure
this access, and may result in less burdensome obligations
being imposed. Your cooperation with this procedure
is essential. For additional information regarding post
cruise obligations, please consult "UNOLS
Handbook for International Operations of U.S. Scientific
Research Vessels".
This page was reformatted from the State
Departements Web page for Pub 66 Rev 1
Please contact Research Vessel Clearance Officer at
the address below if you have any questions:
Liz Tirpak
/ Roberta Barnes
U.S. Department of State
OES/OA, Room 5805
2201 C Street, NW
Washington, DC 20520
Tel: 202-647-0238/0240
Fax: 202-647-1106
http://www.state.gov/g/oes/ocns/rvc/
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