e.
LAUNCHING OR LANDING AIRCRAFT - United States ships operating in sight of Commonwealth of Independent States ships shall give proper signals concerning the intent to begin launching or landing aircraft.
f.
NAVIGATION LIGHTS - United States aircraft flying over the high seas in darkness or under instrument conditions shall, whenever feasible, display navigation lights.
g.
NOTIFICATION OF ACTIONS - The United States unit Commander shall provide through the established system or radio broadcasts of information and warning to mariners, not less than 3 to 5 days in advance as a rule, notification of actions on the high seas which represent a danger to navigation or to aircraft in flight.
h.
REPORTS OF COLLISION - The United States and Commonwealth of Independent States shall exchange appropriate information concerning instances of collisions, incidents which results in damage, or other incidents at sea between ships and aircraft of the United States and Commonwealth of Independent States. The United States Navy shall provide such information through the Russian Naval Attache in Washington and the Russian Navy shall provide such information through the United States Naval Attache in Moscow.
8-13 PREVENTION OF DANGEROUS MILITARY ACTIVITIES BETWEEN THE US AND RUSSIA - An agreement between the United States
and Russia seeks to ensure safety of the personnel and equipment of each country's armed forces by avoiding certain dangerous military activities and expeditiously and peacefully resolving related incidents. Complete instructions and procedures are contained in the FIH, Section A.
8-14 MILITARY FLIGHTS IN INTERNATIONAL AIRSPACE, INTERNATIONAL STRAITS AND ARCHIPELAGIC SEA LANES -
a.
PURPOSE - To provide policies for military flights consis-tent with the International recognized freedoms of navigation and overflight of the seas.
b.
BACKGROUND - The policies in this enclosure are long established United States Government policy. This enclosure reiterates these policies in a single document.
c. POLICY -
(1)
United States Government policy is to routinely and frequently exercise United States overflight rights in International airspace. Flight operations in International airspace are exempt from diplomatic clearance requirements. Further, military aircraft operating in International airspace (whether within or outside a Flight Information Region (FIR) or Air Defense Identification Zone (ADIZ), or transiting over water through International straits or archipelagic sea lanes are not legally subject to the jurisdiction or control of Air Traffic Control authorities of a foreign country.
(2)
However, United States military aircraft are obligated under Article 3 of the Chicago Convention to exercise "Due Regard for the safety of navigation of civil aircraft." As a matter of United States policy, DoD Directive 4540.1, 13 January 1981, "Use of Airspace by Military Aircraft and Firings Over the High Seas," requires United States military aircraft operating over the high seas (or transiting over water through International straits or archipelagic sea lanes) to observe International Civil Aviation Organization (ICAO) flight procedures when practical and compatible with the mission.
(3)
Definitions and responsibilities within categories of airspace follow:
(a)
TERRITORIAL AIRSPACE - As applied to aircraft and their crews, includes the airspace above territorial seas, internal waters, and land territory. Consistent with International law, the United States Government recognizes territorial sea claims up to a maximum distance of 12 nautical miles from coastal states baselines drawn in accordance with International law. Diplomatic overflight clearance is official permission (consent) to operate in sovereign airspace. Consent of the coastal state is required for flight within territorial airspace, except when transiting International straits or exercising the right of archipelagic sea lanes passage.
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