1. German Navy Headquarters Uwe Althaus, Captain GNR Assistance Entry US-DEU Legal Position Uwe Althaus, Captain GNR, Head Legal Ops Department, DEU Navy HQ

2. German Navy Headquarters Uwe Althaus, Captain GNR Vortragender, Quelle, Datum oder ähnliches Art. 18, para 2 UNCLOS (meaning of innocent passage): …passage includes stopping or anchoring ….for the purpose of rendering assistance to persons, ships or aircraft in danger or distress. Art39, para 1 c UNCLOS (Duties during transit passage) Normal mode of continuous and expeditious transit unless rendered necessary …..by distress Art 98, para 1a UNCLOS (Duty to render assistance) Render assistance to any person found at sea in danger of being lost

3. German Navy Headquarters Uwe Althaus, Captain GNR (1) German general Guidelines: Entry into foreign TTW without prior approval of the coastal state iot render assistance in case of distress (assistance entry) is authorised. RMK 1: In the event of a distress incident at sea in foreign TTW, the coastal State is foremost responsible for rendering assistance. If the coastal State’s consent cannot be obtained at all or cannot be obtained in time, it shall be allowed to enter the TTW for rescue purposes. RMK 2: The location of the incident has to be reasonably well known. RMK 3: Prior to, during and after the rescue operation, attempts shall be made to contact the authorities of the coastal State.

4. German Navy Headquarters Uwe Althaus, Captain GNR (2) German general Guidelines: Use of minimum force to defend any person against actual or imminent attacks, which endanger life or which are likely to cause serious bodily harm or major restrictions of personal freedom (assistance in extremis) is authorised. The CO is obliged to take all necessary measures to rescue any distressed person at sea or persons whose lives are otherwise threatened (Art. 98 UNCLOS) unless this would pose an unacceptable risk to own or friendly forces. Persons in distress at sea shall be taken on board only if other measures (e.g. remaining alongside, towing, ship repair, food supply or primary medical care) do not promise to be equally effective in averting the threat to life of these persons.

5. German Navy Headquarters Uwe Althaus, Captain GNR (1) GUIDANCE FOR THE EXERCISE OF RIGHT-OF-ASSISTANCE ENTRY - CJCSI 2410.01D, 31 August 2010 commanders have an obligation to assist those in danger of being lost at sea (4 a) render immediate rescue assistance to those in danger or distress at sea ( 4 a) of rendering rapid and effective assistance to persons, ships, or aircraft in imminent peril at sea (4 c) CO should exercise RAE, if a person, ship, or aircraft within the foreign territorial sea is in danger or distress from perils of the sea and requires immediate rescue assistance (6 c (1) (a))

6. German Navy Headquarters Uwe Althaus, Captain GNR (2) GUIDANCE FOR THE EXERCISE OF RIGHT-OF-ASSISTANCE ENTRY - CJCSI 2410.01D, 31 August 2010 5. Definitions a. Danger or distress. For purposes of this instruction, danger or distress is a clearly apparent risk of death, disabling injury, loss, or significant damage. c. Perils of the sea. Perils of the sea are accidents and dangers peculiar to maritime activities including storms, waves, and wind; grounding; fire, smoke, and noxious fumes; flooding, sinking, and capsizing; loss of propulsion or steering; and other hazards of the sea.

7. German Navy Headquarters Uwe Althaus, Captain GNR (3) GUIDANCE FOR THE EXERCISE OF RIGHT- OF-ASSISTANCE ENTRY - CJCSI 2410.01D, 31 August 2010 6 c. (4): No permission required CO should notify the coastal state before entry CO must notify the coastal state asap if notifacation before entry cannot be provided

8. German Navy Headquarters Uwe Althaus, Captain GNR German position: Art. 98 UNCLOS applies directly or as customary law No law enforcement operation as it will be terminated once assistance is no longer necessary US position: Law enforcement (?), however Pursuit of pirates in foreign TTW is possible if consent cannot be obtained in a timely manner ( CO Handbook, NWP 1-14 M, 3.5.3.2)

9. German Navy Headquarters Uwe Althaus, Captain GNR Right of transit passage Art. 98 UNCLOS or CIL authorised in innocent passage missing in transit passage no law enforecement activities duty to enter TTW? only perils of the sea? in danger by attack of private persons Assistance in extremis while in transit passage is permitted if the neighbouring states are not able to render assistance in time even when the requirement of a continuous and expeditious transit of a strait is not met. The duty to render assistance is not limited to the perils of the sea.