Foreign Clearances
Post-Cruise Obligations

United States Department of State
Washington, D.C. 20520

BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS NOTICE TO RESEARCH VESSEL OPERATORS #66

SUBJECT: Post-Cruise Obligations

In the United States we have always emphasized the need to provide data results and final reports to the coastal states, who have given us permission to conduct marine scientific research. UNOLS, the National Academy of Sciences, and the State Department agreed in 1979 to institute a procedure for complying with post-cruise obligations (NTRVO #57). 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.

This notice replaces NTRVO #57 and #40, although the procedures are generally unchanged. The purpose of issuing a new notice on post-cruise obligations is to simplify the instructions, which will hopefully result in better compliance.

Preliminary Cruise Report

Presently, government and academic institutions receive written notification from the State Department when a research clearance is approved by a foreign government. The notice lists the obligations and conditions required of the researcher as specified by the coastal state. Within (30) days after completing a research cruise, the chief scientist should submit to the R/V Clearance Officer a Preliminary Cruise Report. Most importantly the report should restate the obligations and include a schedule indicating when the data and various reports will be submitted to meet the obligations. This may require using an additional page. If the cruise is multidisciplined or multi-phased, the Preliminary Cruise Report should address each separately.

The Preliminary Cruise Report is our first communication back to the government which granted us the research clearance. Their foreign office usually distributes it to several agencies for review and it demonstrates our willingness to fulfill the remaining obligations. It is required that the original and two copies of the report be provided, with your institution letterhead added to the top of the form. The Ship Utilization Cruise Report is also required by UNOLS.

Other Post Cruise Obligations

All data, samples, charts/maps, data results, reports, other publications, and anything relating to the research scheduled for delivery in the Preliminary Cruise Report must be sent to the Research Vessel Clearance Officer as soon as possible and in compliance with the schedule, so that it can be provided to the Embassy for transmittal to the host country. Even though copies of data or samples may be supplied directly to foreign cruise participants, cooperating foreign scientists, or academic institutions in the host country, our agreement is with the Foreign Office. Thus, all obligations must also be forwarded to the Foreign Office, through the State Department unless the Foreign Office accepts an alternative arrangement. On occasion, scientists may prefer to mail bulky data or tapes directly to a foreign scientific institution or agency, which is permissible, but it is extremely important that copies of the transmittal letter be sent to the R/V Clearance Officer. This is to assure that Embassy, Foreign Office, and other clearing agencies in the host country give credit for having fulfilled the obligations.

Mailing Instructions

Preliminary cruise reports and other materials relating to post-cruise obligations should be mailed to the following address:

R/V Clearance Officer
OES/OA, Room 5805
U.S. Department of State
Washington, D.C. 20520

Responsibility

It is the responsibility of the chief scientist who conducted the research to comply with post-cruise obligations. If the chief scientist does not comply, the research institution at which he is employed will be held responsible and clearance requests submitted to the State Department by that institution will not be processed. This action is necessary to protect other scientists who may wish to work in the same area, since coastal states have the right to reject any request from a researching state that has overdue post-cruise obligations. The next step would involve funding agencies and actions within their purview.

If the chief scientist is from an institution not operating a research vessel, then arrangements will be made by the State Department with the agency funding the research to hold up further funding until the chief scientist is in compliance.

Reminders

Unfortunately, reminders are time consuming and we simply do not have the staff to handle them. As such, if preliminary cruise reports and other obligations are not received on time, the research institution at which the chief scientist is employed will be notified that their clearance requests will not be processed until the matter is resolved. Although the research institution may remind researchers of their obligations, only the scientist can fulfill the responsibility.

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 continued access, and may result in less burdensome obligations being imposed. Your cooperation with this procedure is essential. Please contact me if you have questions concerning the procedure or requirements.

Elizabeth Tirpak
R/V Clearance Officer
Office of Marine Science and Technology Affairs