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Notice to Research Vessel Operators No. 115

Subject: Additional Requirements for Research Vessels Operating in Russian Waters, June 17, 1996 (also see NTRVO No. 83).
Released by the Department of State, Bureau of Oceans and International Environmental and Scientific Affairs.

OES/OA has been advised by our Embassy in Moscow that they have received notification of revised legislation for research vessels operating in Russian waters. The "Continental Shelf Law" was signed into law on November 30, 1995. Chapter V, "Marine Scientific Research," provides requirements for seeking clearance for marine scientific research in the exclusive economic zone of the Russian Federation. The new legislation closely follows the articles of the 1982 UN Convention on the Law of the Sea, and hopefully, will not be difficult to comply with.

Russian Ministry of Science officials have advised that the format used should be the same one used since 1985 for the Soviet Union (see NTRVO No. 83). The most significant change is that the request must be submitted in both English and Russian versions. In addition, some general information needs to be stated more explicitly. Also, the following must be supplied: a) A list of all sites/stations, by latitude and longitude (not just a map of the areas). b) A list of all measurements proposed for each site must be provided. c) A specific itinerary must be provided for the dates the research vessel proposes to visit and take measurements at each site. d) Information regarding depths, number and size of probes must be provided for each bottom sampling location.

Finally, it has been requested that all future submissions should have a table of contents and numbered pages to assure that no pages are missing, and to aid reviewers in sorting through the information.

The stated lead-time requirement is six months. Therefore, it is requested that clearance requests for Russia be submitted to the Department of State at least seven months prior to the proposed start of research, and in compliance with the "UNOLS Handbook for International Operations of U.S. Research Vessels."

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ARTICLE 23. SUBMISSION AND CONTENT OF REQUESTS FOR CONDUCTING MARINE SCIENTIFIC RESEARCH

Marine scientific research may be conducted by:

-federal agencies of executive power and agencies of executive power of components of the Russian Federation, individuals and legal entitles of the Russian Federation (hereinafter for the present chapter - Russian applicants):

-foreign states, their individuals and legal entities, and authorized international organizations (hereinafter for the present chapter - foreign applicants).

The procedure for submission and consideration of applications for conducting marine scientific research (hereinafter for the present chapter - application), the evaluation of the applications and the procedure for adopting decisions regarding them shall be established in compliance with the present Federal Law and international treaties of the Russian Federation.

Russian applicants interested in conducting marine scientific research shall submit to the specially authorized Federal Agency for Science and Technical Policy a request no later than six months before the proposed date of the beginning of the marine scientific research.

Foreign applicants interested in conducting marine scientific research, in order to obtain permission for said research, shall submit through diplomatic channels no less than six months before the proposed date of the beginning of the marine scientific research a request to the specially authorized Federal Agency for Science and Technical Policy. The request (for foreign applicants - in the Russian language and the language of the applicant) must contain:

-information on the nature and purposes of the marine scientific research;

-information on the methods and means that will be used in conducting the marine scientific research, including the name, tonnage, type, and class of ship and a description of the scientific equipment;

-the geographic coordinates of the regions in which it is planned to conduct marine scientific research, and the routes to the indicated regions and back from them;

-the proposed dates of the initial arrival and the final departure of the research vessels or, in the appropriate cases, the placement and removal of scientific equipment;

-the name of the institution under whose guidance the marine scientific research is being conducted;

-information on the individual responsible for conducting the marine scientific research (head of the expedition);

-information on the possible impact of the planned research on the marine environment and mineral and biological resources.

Russian applicants shall submit information on the planned participation of foreign individuals and legal entities in their marine scientific research.

Foreign applicants shall submit information on the planned participation of foreign individuals and legal entities of the Russian Federation in the marine scientific research conducted by foreign applicants.

Additional information regarding the marine scientific research for which permission is being requested may be required from the applicants. In this case, the deadline for consideration of the application shall be counted from the day the applicant submits the additional information.

ARTICLE 24. PROCEDURE FOR CONSIDERATION OF REQUESTS

The specially authorized Federal Agency for Science and Technical Policy shall:

-no later than ten days after the receipt of the request, send to the applicant notification of the receipt of the request;

-no later than four months after the receipt of the request, send the applicant a permit for conducting the scientific research or one of the following notifications:

a) refusal to permit the marine scientific research;

b) the lack of correspondence between the information and the nature, objectives, and methods of conducting the marine scientific research;

c) the need to submit additional information on the planned scientific research.

Permission to conduct the marine scientific research or notification of refusal shall be sent to the foreign applicants through the specially authorized Federal Agency for Foreign Affairs.

Permission to conduct marine scientific research shall be granted by the specially authorized Federal Agency for Science and Technical Policy in coordination with the specially authorized Federal Agency for Geology and the Utilization of Minerals, Federal Agency for Fishing, Federal Agency for Environmental Protection and Natural Resources, Federal Agency for Defense, Federal Agency for the Border Service, Federal Agency for the Security Service, Federal Agency for Hydrometeorology and Monitoring of the Environment, and if necessary, other interested federal agencies of executive power.

In the event that the specially authorized Federal Agency for Science and Technical Policy has not sent the corresponding permission or notification by the indicated deadlines, the foreign applicants may begin to conduct marine scientific research for the time periods specified in the request but not sooner that six months after the submission of the request or the additional information.

ARTICLE 25. GROUNDS FOR REFUSAL OF PERMISSION TO CONDUCT MARINE SCIENTIFIC RESEARCH

Permission to conduct marine scientific research may be refused, if the marine scientific research:

1) creates or may create a threat to the security of the Russian Federation;

2) pertains directly to regional geological study of the Continental Shelf, searching, prospecting, or development for mineral resources or harvesting of biological resources;

3) is incompatible with the requirements for protection of the marine environment and mineral and biological resources;

4) includes drilling work on the Continental Shelf, the utilization of explosives or pneumatic devices, or the introduction of harmful substances into the marine environment;

5) includes the construction, operation, or utilization of artificial islands, installations, and structures that were not mentioned in the request;

6) creates impediments to the activity conducted by the Russian Federation in exercising its sovereign rights and jurisdiction on the Continental Shelf.

Permission to conduct marine scientific research may also be refused in cases where the information from the Russian or foreign applicant is imprecise or if the Russian or foreign applicant conducting the marine scientific research has unfulfilled obligations to the Russian Federation arising from marine scientific research previously conducted.

Permission may not be refused for conducting marine scientific research institute that is to be carried out on the Continental Shelf beyond the limits of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, with reference to resource research, with the exception of regions in which, by a declaration of the Russian Federation Government, there is or will be regional geological study of the Continental Shelf, searching, prospecting, or development for mineral resources or the harvesting of biological resources. Information on these regions shall be published in the IZVESHCHENIYA MOREPLAVATELYAM [Notices to Mariners].

ARTICLE 26. SPECIAL FEATURES OF THE RECEIPT OF PERMISSION FOR CONDUCTING MARINE SCIENTIFIC RESEARCH CARRIED OUT BY AUTHORIZED INTERNATIONAL ORGANIZATIONS

If the Russian Federation as a member of an (appropriate) international organization or under a bilateral treaty with such an organization has approved a project submitted by this organization for planned marine scientific research or has expressed a desire to participate in such research and the specially authorized Federal Agency for Science and Technical Policy within four months of the receipt from this organization of a request concerning the time periods and the region for conducting the aforementioned research has expressed no objections, the authorized international organization upon expiration of the time period indicated in the request may begin to conduct marine scientific research in compliance with the present Federal Law and international treaties of the Russian Federation.

ARTICLE 27. OBLIGATIONS OF RUSSIAN AND FOREIGN APPLICANTS CONDUCTING MARINE SCIENTIFIC RESEARCH

Russian and foreign applicants who have received permission to conduct marine scientific research shall be obligated to:

-comply with the present Federal Law and international treaties of the Russian Federation;

-submit to the specially authorized Federal Agency for Science and Technical Policy preliminary reports and copies of the data from meteorological and hydrological observations, and as soon as it becomes feasible, and the final results and conclusions after the research is completed.

-immediately inform the specially authorized Federal Agency for Science and Technical Policy of any change in the marine scientific research;

-not create an unjustified impediment to activity being conducted by the Russian Federation in exercising its sovereign rights and jurisdiction on the Continental Shelf;

-remove installations, structures, and devices upon completion of the marine scientific research unless otherwise agreed.

Additionally, foreign applicants shall be obliged to provide for the participation in marine scientific research of representatives of the Russian Federation specially authorized by the Federal Agency for Science and Technical Policy, their presence, placement, and full support on board research vessels, aircraft, installations, and structures on a level with their own command (management) personnel, and also provide access for their representatives to all data and samples obtained during the process of said research and turn over to them data from which it is possible to make copies and samples which may be divided without detriment to their scientific value.

Research ships, aircraft, installations, and structures conducting marine scientific research shall be obliged to maintain regular contact with shore services of the Russian Federation and when the appropriate equipment is available on research ships,. aircraft, installations, and structures, submit at the basic international synoptic hours to the nearest radiometeorological center of the Russian Federation current data from meteorological, hydrological, and aerological observations in compliance with standard procedures of the World Meteorological Organization.

ARTICLE 28. TRANSFER AND RELEASE OF THE RESULTS OF MARINE SCIENTIFIC RESEARCH

All data received as a result of marine scientific research, after processing and analysis, including the final results and conclusions after the completion of the research, must be submitted to the specially authorized Federal Agency for Science and Technical Policy to be transferred to the state data banks.

Foreign applicants who have conducted marine scientific research and transferred all the data they have received to the Russian Federation shall provide access for the international community to the results of the research through national or international channels, with the exception of those that pertain to information indicated in para. 2 of the first part of Article 25 of the present Federal Law. This information may be released only with the consent of the Russian Federation Government.

ARTICLE 29. CHANGES IN THE PROGRAM FOR MARINE SCIENTIFIC RESEARCH

The program for marine scientific research may be changed only with consent from the specially authorized Federal Agency for Science and Technical Policy. Changes shall be considered to be agreed to if the specially authorized Federal Agency for Science and Technical Policy, having confirmed receipt of the notification concerning the proposed changes, does not register any objections within 45 days after the receipt of the notification.

ARTICLE 30. SUSPENSION OF TERMINATION OF MARINE SCIENTIFIC RESEARCH

Marine scientific research conducted in violation of the present Federal Law and international treaties of the Russian Federation may be suspended or terminated by a decision of the specially authorized Federal Agency for Science and Technical Policy or protection agencies. Resumption of suspended marine scientific research shall be allowed only after elimination of the violations by the established deadlines and presentation to the specially authorized Federal Agency for Science and Technical Policy or the protection agency that made the decision to suspend the marine scientific research of guarantees that similar violations will not occur in the future.

Marine scientific research shall be subject to immediate termination in the event that it is conducted:

-without permission from the specially authorized Federal Agency for Science and Technical Policy;

-with deviations from the information submitted in the request in compliance with Article 23 of the present Federal Law that have changed the project for the marine scientific research.

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