Revision to United States Marine Scientific Research Policy

This proclamation changes U.S. policy to require advance authorization for all foreign marine scientific research in the U.S. Exclusive Economic Zone (EEZ) and on its continental shelf, reversing the prior policy of allowing such research without consent. The Secretary of State leads implementation with Intelligence Community support and interagency information sharing.

Federal Register Open PDF 85 FR 59165

Impact dates

Sep 9, 2022
First biennial review for potential modification or termination

Key directives

Require advance authorization for all foreign marine scientific research in U.S. EEZ and continental shelf
Secretary of State to lead implementation in consultation with agencies and Ocean Policy Committee
Intelligence Community to support implementation as appropriate
Non-IC agencies to share marine scientific research information with Department of State to maximum extent authorized by law
Secretary may recommend modification or termination no less frequently than every 2 years, coordinated with NSC staff and Ocean Policy Committee

Who is ordered

Timeline

Immediate

New authorization requirement takes effect for foreign marine scientific research in U.S. EEZ and continental shelf

Near term (90d)

Secretary of State to establish implementation processes with agencies and Ocean Policy Committee
Interagency information sharing protocols to be developed

Long term

First mandatory biennial review due by September 9, 2022
Potential modification or termination of proclamation based on Secretary recommendations
Ongoing intelligence support for marine research authorization process

Risks & tensions

Potential friction with international research partners accustomed to prior open-access policy
Unclear whether 'to the extent permitted under international law' qualifier limits scope or provides flexibility
Information sharing mandate may conflict with existing classification or statutory restrictions on agency data sharing
Biennial review mechanism provides political off-ramp but creates policy uncertainty for long-term research planning
May affect U.S. ability to conduct reciprocal research in other nations' EEZs under international comity