Pentagon 2022 Freedom of Navigation Report

April 21, 2023 2:31 PM

The following is the Fiscal Year 2022 summary of the Department of Defense’s freedom of navigation operations.

From the report

DoD releases an annual unclassified report identifying the excessive maritime claims that U.S. forces operationally challenged over the last fiscal year.

Below is a summary of excessive maritime claims that DoD challenged during the period of October 1,

2021, through September 30, 2022, to preserve the rights, freedoms, and uses of the sea and airspace guaranteed to all nations by international law. In sum, the United States challenged 22 excessive maritime claims of 15 claimants. The report cites each claimant’s specific laws, regulations, and other proclamations articulating the excessive maritime claims in brackets. To maintain the operational security of U.S. military forces, DoD Annual FON Reports include only general geographic information on the location of operational challenges and do not specify the precise number of challenges to each excessive maritime claim.

For the most up-to-date list of all excessive maritime claims made around the world, as well as the years U.S. forces operationally challenged those claims under the FON Program, see the DoD Maritime Claims Reference Manual (MCRM), available online at www.jag.navy.mil/organization/code_10_mcrm.htm. The MCRM currently tracks the maritime claims of 155 claimants. Individual entry updates occur continually to keep pace with current coastal State claims. The MCRM also contains U.S. information regarding diplomatic protests of excessive claims made by the DOS. For an authoritative treatment of U.S. diplomatic communications on freedom of navigation matters, see the Digest of United States Practice in International Law at http://www.state.gov/digest-of-united-states-practice-in international-law/. The DOS Office of the Legal Adviser publishes this digest to provide the public with a historical record of the views and practice of the Government of the United States in public and private international law.

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