Operations) Instruction 5420.18 of September 4, 1956.

Subpart D-Additional Instructions § 761.20

Additional regulations governing persons and vessels in Naval Defensive Sea Areas.

(a) By virtue of the authority vested in the President by section 44 of the United States Criminal Code, as amended and reenacted in 18 U.S.C. 2152, the President has prescribed the following additional in regulations Executive Order 9275 of November 23, 1942 (7 F.R. 9767; 1943 Cum. Supp. p. 1227) to govern persons and vessels within the limits of defensive sea areas theretofore or thereafter established.

(1) No person shall have in his possession within the limits of any defensive sea area, any camera or other device for taking pictures, or any film, plate or other device upon or out of which a photographic imprint, negative or positive, can be made, except in the performance of official duty or employment in connection with the national defense, or when authorized pursuant to the provisions of the Act approved June 25, 1942 (Public Law 627, 77th Congress) amended (50 U.S.C. App. 781-785), and the regulations promulgated thereunder (7 F.R. 7307; 32 CFR 765.19 (b)).

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(2) It shall be the duty of the m or officer in charge of any vessel to custody of and safeguard all cam or other devices for taking pictures film, plate or other device upon or of which a photographic imprint, p tive or negative, can be made, the session of which is prohibited by Exe= tive Order 9275, from any person, p to the time any vessel enters any fensive sea area or upon the boarding any person of any vessel while wit a defensive sea area, and to retain c: tody thereof until such vessel is outs the defensive sea area or the person about to disembark.

(3) There shall be prominently d played on board all vessels, except pub war vessels of the United States mann by personnel in the naval service, printed notice containing the regulatio prescribed in Executive Order 9275.

(4) Any person violating section 1 i Executive Order 9275 (restated in sul paragraph (1) of this paragraph) sha be liable to prosecution as provided 1 section 44 of the Criminal Code a amended and reenacted in 18 U.S.C. 215:

(b) The regulations stated in para graph (a) of this section are not a limi tation on prosecution under any othe statute that may have been violated by acts or omissions prohibited by Executive Order 9275.

765.3

Security violation.

Insignia to be worn on uniform by persons not in the service. Alcoholic liquors on naval stations. Merchant crews.

765.17

765.18

765.5

765.19

765.6 765.9

Access to vessels or sites at which naval vessels are under construction, conversion, repair or overhaul.

Regulations for Pearl Harbor, Hawaii. Policy and procedure concerning indebtedness and responsibility of naval personnel for personal financial transactions.

765.10 Financial responsibility of Marine Corps personnel in commercial affairs and action on complaints of indebtedness.

765.11 Deserters; accomplices.

Commercial advertising.

Photographs of naval subjects. Photographs and sketches of military or naval subjects.

AUTHORITY: The provisions of this Part 765 issued under secs. 5031, 6011, 70A Stat. 278, 375, as amended, sec. 133, 76 Stat. 517, sec. 301, 80 Stat. 379; 5 U.S.C. 301, 10 U.S.C. 133, 5031, 6011, unless otherwise noted. § 765.1 Offenses committed within the limits of a naval station.

(a) All persons within the limits of a naval station or other shore activity are subject to Federal law including the

(Sec. 202, 61 Stat. 500. 171a) (23 FR. 166..

§ 765.4 Visitor on Access to any ashore is subject tion and control in command or cham tions prescribed by thority to safeguar effectiveness of the fied information 7049, as amended. (3) national defense the person and well as members Defense, and Gove [28 FR. 2108, Mar. J. § 7653 Access to maval vessels conversion, revaim

(s) No person on board vessels -strucn, conversion excess on the ma Naval S

or seid repre

pery scaɔf the ca rea: T overham (No person COPS:Kon, comm ha.. and arm apy desigra

rep

resary of Defense has designated categories of Navy and Marne Commanding officers as having the ILthority to promulgate regulations

ant to that section for protection 12 273 erty or places under their command. (See 19 F.R. 5446.) For buildings w parts of buildings, and property or a** therein or adjacent thereto, at the wa of government, occupied by Department al of Defense agencies (except those wh pied exclusively by field activities) regulations are promulgated by the retary of the Navy under authorit Secretary of Defense insofar as buildings, parts, property or a we Administered by, or insofar as

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With Paval or

scilities.

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(a) By virtue of the authority vested in the President by section 44 of the United States Criminal Code, amended and reenacted in 18 U.S.C. 2152, the President has prescribed the following additional regulations in Executive Order 9275 of November 23, 1942 (7 F.R. 9767; 1943 Cum. Supp. p. 1227) to govern persons and vessels within the limits of defensive sea areas theretofore or thereafter established.

(1) No person shall have in his possession within the limits of any defensive sea area, any camera or other device for taking pictures, or any film, plate or other device upon or out of which a photographic imprint, negative or positive, can be made, except in the performance of official duty or employment in connection with the national defense, or when authorized pursuant to the provisions of the Act approved June 25, 1942 (Public Law 627, 77th Congress) amended (50 U.S.C. App. 781-785), and the regulations promulgated thereunder (7 F.R. 7307; 32 CFR 765.19(b)).

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(2) It shall be the duty of the master or officer in charge of any vessel to take custody of and safeguard all cameras or other devices for taking pictures, or film, plate or other device upon or out of which a photographic imprint, positive or negative, can be made, the possession of which is prohibited by Executive Order 9275, from any person, prior to the time any vessel enters any defensive sea area or upon the boarding by any person of any vessel while within a defensive sea area, and to retain custody thereof until such vessel is outside the defensive sea area or the person is about to disembark.

(3) There shall be prominently displayed on board all vessels, except public war vessels of the United States manned by personnel in the naval service, a printed notice containing the regulations prescribed in Executive Order 9275.

(4) Any person violating section 1 of Executive Order 9275 (restated in subparagraph (1) of this paragraph) shall be liable to prosecution as provided in section 44 of the Criminal Code as amended and reenacted in 18 U.S.C. 2152.

(b) The regulations stated in paragraph (a) of this section are not a limitation on prosecution under any other statute that may have been violated by acts or omissions prohibited by Executive Order 9275.

765.4

Visitor control.

765.17

765.18 Photographs of naval subjects. 765.19

Photographs and sketches of military or naval subjects.

AUTHORITY: The provisions of this Part 765 issued under secs. 5031, 6011, 70A Stat. 278, 375, as amended, sec. 133, 76 Stat. 517, sec. 301, 80 Stat. 379; 5 U.S.C. 301, 10 U.S.C. 133, 5031, 6011, unless otherwise noted. § 765.1 Offenses committed within the limits of a naval station.

(a) All persons within the limits of a naval station or other shore activity are subject to Federal law including the

penal laws adopted as Federal law (18 U.S.C. 13) of the State, Territory, Commonwealth, Possession, or District where the station or activity is located.

(b) Persons not in the naval service who commit offenses within the limits of a naval station or other shore activity are subject to trial in the United States District Court for the district in which the station or activity is situated. Nothing said herein shall be construed to restrict military jurisdiction over such persons when they are subject thereto in accordance with law, including the law of war.

[22 F.R. 9428, Nov. 26, 1957]

§ 765.2

Relations with civil activities.

(a) All activities of whatever nature carried on within the limits of a naval station or on board vessels of the Navy shall be under naval control.

(b) All naval authorities should cultivate and maintain cordial and friendly relations with any organization which desires to contribute to the welfare of the personnel of the Navy outside of naval stations and on shore generally. [17 F. R. 3723, Apr. 26, 1952]

§ 765.3 Security violation.

Under section 21 of the Internal Security Act of 1950 (50 U.S.C. 797), the Secretary of Defense has designated certain categories of Navy and Marine Corps commanding officers as having the authority to promulgate regulations pursuant to that section for protection of property or places under their command. (See 19 F.R. 5446.) For buildings or parts of buildings, and property or places therein or adjacent thereto, at the seat of government, occupied by Department of Defense agencies (except those occupied exclusively by field activities), the regulations are promulgated by the Secretary of the Navy under authority of the Secretary of Defense insofar as those buildings, parts, property or places are administered by, or insofar as space therein is assigned to, the Department of the Navy; under the latter alternative, the Secretary's regulatory power is additional to that of the head of the administering agency. The violation of regulations so promulgated is punishable by a fine of not to exceed $5,000 or imprisonment for not more than one year, or both. See also 18 U. S. C. 1382.

Access to any naval activity afloat or ashore is subject to (a) the authorization and control of the officer or person in command or charge and (b) restrictions prescribed by law or cognizant authority to safeguard (1) the maximum effectiveness of the activity, (2) classified information (E.O. 10501, 18 F.R. 7049, as amended, 50 U.S.C. 401 note), (3) national defense or security, and (4) the person and property of visitors as well as members of the Department of Defense, and Government property. [28 F.R. 2108, Mar. 5, 1963]

§ 765.5

Access to vessels or sites at which naval vessels are under construction, conversion, repair, or overhaul.

(a) No person shall be allowed to go on board vessels of the Navy under construction, conversion, repair, or overhaul except on the authority of the Commander, Naval Ship Systems Command, or his field representative assigned supervision of the construction, conversion, repair, or overhaul of the vessel.

(b) No person shall be allowed at the construction, conversion, repair, or overhaul sites and areas adjacent thereto as specifically designated, including shops within naval or commercial shipyards, repair facilities, docks, or piers, except on authority of the Commander, Naval Ship Systems Command, or his field representative assigned supervision of the construction, conversion, repair, or overhaul.

(c) No person not known to be an American citizen of good standing and repute shall be eligible for access as provided by paragraphs (a) and (b) of this section, except upon a finding by the Commander, Naval Ship Systems Command, that such access should be permitted in the best interest of the United States. Upon reaching such a finding, the conditions and controls imposed by the Commander, Naval Ship Systems Command, shall be complied with, and noncompliance serves to cancel an authorization previously granted.

(d) Violation of the regulations set forth in paragraphs (a), (b), and (c) of this section, promulgated pursuant to law, is punishable by a fine of not to

exceed $5,000 or imprisonment for not more than 1 year, or both.

(Sec. 21, 64 Stat. 1005, 50 U.S.C. 797; 19 F.R. 5446) [31 F.R. 16620, Dec. 29, 1966]

§ 765.6 Regulations for Pearl Harbor, Hawaii.

The Commander, U.S. Naval Base, Pearl Harbor, Hawaii, is responsible for prescribing and enforcing such rules and regulations as may be necessary for insuring security and for governing the navigation, movements, and anchorage of vessels in the waters of Pearl Harbor and in the entrance channel thereto.

(Sec. 1, 37 Stat. 341, 62 Stat. 799; 18 U.S.C. 2152, 33 U.S.C. 475; E.O. 8143, 4 F.R. 2179, 3 CFR 1943 Cum. Supp. 504) [31 F.R. 16620, Dec. 29, 1966]

§ 765.9 Policy and procedure concerning indebtedness and responsibility of naval personnel for personal financial transactions.

(a) General. Members of the naval service are expected to pay their just financial obligations in a proper and timely manner. A "just financial obligation" means one acknowledged by the military member in which there is no reasonable dispute as to the facts or the law, or one reduced to judgment which conforms to the Soldiers' and Sailors' Civil Relief Act of 1940, as amended (50 U.S.C. App. 501590), if applicable. "In a proper and timely manner" means in a manner which does not, under the circumstances, reflect discredit upon the naval service. However, the Navy is without legal authority to require a member to pay a private debt, or to divert any part of his pay for the satisfaction thereof even though the indebtedness has been reduced to judgment by a civil court. The enforcement of the private obligations of a serviceman is a matter for the civil authorities. A commanding officer is without authority to adjudicate claims or to arbitrate controversies concerning asserted default in fulfillment of private obligations of naval personnel, or to act as an agent or collector for the creditor, claimant, or complainant involved. The Soldiers' and Sailors' Civil Relief Act provides for certain privileges and benefits for persons in the naval service. However, a member of the naval service is not, by virtue of his status, relieved from his continuing obligation to obey pertinent civil laws or to comply with the terms of applicable civil court orders, decrees, or judgments.

(b) Policy. The policy of the Department of the Navy is to promote habits of thrift and to encourage all members of the naval service to conduct their financial affairs in such a manner as to reflect credit upon the naval service. From inception to final settlement, however, the responsibility for an obligation rests solely with the creditor and the debtor. Therefore, the extent to which commanding officers may cooperate with creditors is limited to administrative referral of correspondence to the individual concerned when paragraph (e) of this section has been complied with. When the provisions of paragraph (e) of this section have been complied with, the commanding officer will insure that the individual concerned communicates his intentions in the matter to the creditor.

(c) Disclosure of credit terms and standards of fairness. Those making loans or extending credit to military personnel are encouraged to make full disclosure of credit terms and to comply with the Standards of Fairness, signing the Certificate of Compliance (see Attachment A to Part 43 of this title) before executing the loan agreement or contract. Through such measures, both parties are placed squarely on notice of their respective obligations, improvident loans are discouraged, and defaulting cases reduced. Because banks and credit unions operating on board naval installations owe a special responsibility to deal fairly with those assigned to or employed on the station, they must conform to the Standards of Fairness and make a full disclosure of the terms of the obligation, signing the Certificate of Compliance (see Attachment A to Part 43 of this title) before executing the loan.

(d) Indoctrination. The Commanding Officer will insure that all members of his command have been instructed in the provisions of this section. Disinterested third-party counseling should be made available by each command to assist personnel with financial problems. The following points should be emphasized when discussing credit practices:

(1) Thrift is not only a virtue but a necessity of today's living.

(2) The way in which one handles his private financial affairs provides a reliable indication of his general character and trustworthiness.

(3) Prior to acceptance of any credit plan, personnel should realistically evaluate their financial capabilities and es