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Re: wlfr01 post# 68714

Wednesday, 07/20/2022 8:18:42 AM

Wednesday, July 20, 2022 8:18:42 AM

Post# of 75082
Still waiting on the salvage law experts to…….

cite chapter and verse the SFRX exception. I have yet to see it.

One could also argue the Melbourne permits should have never been issued without Spain’s permission since SFRX “believes” it contains a Spanish vessel.

You’re the one that asked where Spain was mentioned in the statutes, well here you go.

DEPARTMENT OF STATE [Public Notice 4614]

Office of Ocean Affairs; Protection of Sunken Warships, Military Aircraft and Other Sunken Government Property

The Presidential Statement on United States Policy for the
Protection of Sunken State Craft reads in full as follows:

Thousands of United States government vessels, aircraft and spacecraft (``State craft''), as well as similar State craft of foreign nations, lie within, and in waters beyond, the territorial sea and contiguous zone. Because of recent advances in science and technology, many of these sunken government vessels, aircraft and spacecraft have become accessible to salvors, treasure hunters and others. The unauthorized disturbance or recovery of these sunken State craft and any remains of their crews and passengers, is a growing concern both within the United States and internationally. In addition to deserving treatment as gravesites, these sunken State craft may contain objects of a sensitive national security, archaeological or historical nature. They often also contain unexploded ordnance that could pose a danger to human health and the marine environment if disturbed, or other substances, including fuel oil and other hazardous liquids, that likewise pose a serious threat to human health and the marine environment if released.
I believe that United States policy should be clearly stated to meet this growing concern. Pursuant to the property clause of Article IV of the Constitution, the United States retains title indefinitely to its sunken State craft unless title has been abandoned or transferred in the manner Congress authorized or directed. The United States recognizes the rule of international law that title to foreign sunken State craft may be transferred or abandoned only in accordance with the law of the foreign flag State.
Further, the United States recognizes that title to a United States or foreign sunken State craft, wherever located, is not extinguished by passage of time, regardless of when such sunken State craft was lost at sea.
International law encourages nations to preserve objects of
maritime heritage wherever located for the benefit of the public.
Those who would engage in unauthorized activities directed at sunken State craft are advised that such disturbance or recovery should not occur without the express permission of the sovereign, and should only be conducted in accordance with professional scientific standards and with the utmost respect for any human remains.
The United States will use its authority to protect and preserve sunken State craft of the United States and other nations, whether located in the waters of the United States, a foreign nation, or in international waters.

Spain: ``The Embassy of Spain presents its compliments to the
Department of State and has the honor to address the matter of Spanish laws and policy regarding the remains of sunken vessels that were lost while in the service of the Kingdom of Spain and/or were transporting property of the Kingdom of Spain. In accordance with Spanish and international law, Spain has not abandoned or otherwise relinquished its ownership or other interests with respect to such vessels and/or its contents, except by specific action pertaining to particular vessels or property taken by Royal Decree or Act of Parliament in accordance with Spanish law. Many such vessels also are the resting place of military and/or civilian casualties.
``The Embassy of Spain accordingly wishes to give notice that salvage or other disturbance of sunken vessels or their contents in which Spain has such interests is not authorized and may not be conducted without express consent by an authorized representative of the Kingdom of Spain.'' Source: Embassy of Spain, Washington, DC, Note No. 128, December 19, 2002.

https://www.govinfo.gov/content/pkg/FR-2004-02-05/html/04-2488.htm

1A-31.0045 Non-permittable Areas and Sites.

(3) Vessels owned or operated by a government on military non-commercial service when they sank, which are entitled to sovereign immunity under federal law or international law, treaty, or agreement, including without limitation, United States or foreign military vessels, and as defined in the Sunken Military Craft Act (Public Law Number 108-375, Div. A, Title XIV, Sections 1401-1408, Oct. 28, 2004, 118 Stat. 2094);

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