DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, DC 20350-2000
OPNAVINST 3128.9G
N3/N5
22 Apr 2021
OPNAV INSTRUCTION 3128.9G
From: Chief of Naval Operations
Subj: DIPLOMATIC CLEARANCE FOR U.S. NAVY MARINE DATA COLLECTION
ACTIVITIES IN FOREIGN JURISDICTIONS
Ref: (a) DoD Foreign Clearance Guide
(b) OPNAVINST C3128.3U (NOTAL)
(c) OPNAVINST 3140.55C
(d) United Nations Convention on the Law of the Sea, 10 December 1982
(e) DoD 2005.1-M, Maritime Claims Reference Manual
(f) DoDI S-2005.01
(g) DoDI 4540.01
Encl: (1) Template for Diplomatic Clearance Request Message to Fleet Commanders for
Military and Hydrographic Survey
(2) Template for Diplomatic Clearance Request to USDAO for Military and
Hydrographic Survey
1. Purpose. To provide guidance for determining requirements and procedures for requesting
diplomatic clearance for certain marine data collection activities by Department of the Navy
(DON) marine data collection assets in or over foreign territorial seas, archipelagic waters, straits
used for international navigation, exclusive economic zones (EEZ) or on the continental shelf
within or beyond the EEZ. This instruction is being reissued with a new date, updated version
and signature authority to meet Chief of Naval Operations’ age requirement for Office of the
Chief of Naval Operations (OPNAV) instructions.
2. Cancellation. OPNAVINST 3128.9F.
3. Scope and Applicability.
a. This instruction applies to sponsoring commands, offices and commanders exercising
control over operations of the type described in paragraph 1.
b. This instruction does not apply to:
(1) Intelligence operations.
(2) Activities of civilian oceanographic institutions that are operating ships or aircraft
owned by the U.S. Navy which are leased or bonded to academic institutions, such as the
University-National Oceanographic Laboratory System program assets.
