USA: Revision of Marine Scientific Research Policy

On 9 September 2020 the President of the United States of America by Proclamation 10071, entitled, Revision to United States Marine Scientific Research Policy, establishes the revised US policy:

Section 1. Policy. The United States will exercise its right to regulate, authorize, and conduct marine scientific research, with a specific requirement to authorize, in advance, all instances of foreign marine scientific research, in the United States EEZ and on its continental shelf to the extent permitted under international law.

Former President of the United States of America, Ronald Regan, in the Presidential Statement of 10 March 1983, entitled, Statement on United States Oceans Policy, had established the previous US MSR policy:

While international law provides for a right of jurisdiction over marine scientific research within such a zone, the proclamation does not assert this right. I have elected not to do so because of the United States interest in encouraging marine scientific research and avoiding any unneccessary burdens.

Thus, according to the US State Department Press Release, the United States previously required advance consent for MSR conducted in its EEZ and on the U.S. continental shelf only when such research implicated certain U.S. domestic legal requirements.

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