MEMORANDUM

Policy Statement on Continental Shelf and Territorial Waters
On September 28, 1945, President Harry S. Truman issued Proclamations on the "Policey of the United States with Respect the Natural Resources of the Subsoil and Sea Bed of the Continental Shelf" and "Policy of the United States with Respect to Coastal Fisheries in Certain Areas of the High Seas". The Embassy has received the following statement clarifying the scope of these Proclamations insofar as they relate to sovereignty over the waters above the continental shelf:
The Proclamation relating to the 'Policy of the United States with Respect to the Natural Resources of the Subsoil and Sea Bed of the Continental Shelf' has to do only with 'jurisdiction over the natural resources of the subsoil and sea bed of the Continental Shelf'. In its first substantive paragraph the President stated that he thereby proclaimed the following policy of the United States of America with respect to the natural resources of the subsoil and sea bed of the continental shelf' Its second and final substantive paragraph reads:
'Having concern for the urgency of conserving and prudently utilising its natural resources, the Government of the United States regards the natural resources of the subsoil and sea bed of the continental shelf beneath the high seas but contiguous to the coasts of the United States as appertaining to the United States, subject to its jurisdiction and control. In cases where the continental shelf extends to the shores of another State, or is shared with au adjacent State, the boundary shall be determined by the United States and the State concerned in accordance with equitable principles. The character as high seas of the waters above the continental shelf and the right to their free and unimpeded navigation are in no way thus affected.
It is thus clear" that this Proclamation dealt only with the natural resources of the subsoil and sea bed of the continental shelf and not with the high seas above the continental shelf. This was explicitly stated is the last sentence of the second and final paragraph just quoted, readings: 'The character as high seas of the waters above the continental shelf and the right to their free and unimpeded navigation are in no way thus affected'.
The other Presidential Proclamation, signed the sere day, has to do with the 'Policy of the United States with Respect to Coastal Fisheries in Certain Areas of the High Seas'. This Proclamation has to do solely with the 'conservation and protection of fishery resources' in those areas 'of the high seas contiguous to the coasts of the United States wherein fishing activities have been or in the future may be developed and maintained en a substantial scale. It was stated in this Proclamation that Where such activities have been or shall hereafter be developed and maintained by its nationals alone, the United States regards it as proper to establish explicitly bounded conservation somes in which fishing activities shall be subject to the regulation and control of the United States', but that 'Where such activities have been or shall hereafter be legitimately developed and maintained jointly by nationals of the United States and nationals of other States, explicitly bounded conservation zones may be established under agreements between the United States and such other States; and all fishing activities in such zones shall be subject to regulation and control as provided in such agreements.' Further, it was stated in this Proclamation that 'The right of any State to establish conservation zones oft its shores in accordance. with the above principles is conceded provided that corresponding recognition is given to any fishing interests of nationals of the United states which may exist in such areas.' Finally, it was explicitly stated that 'The character as high seas of the areas is which such conservation zones are established and the right to their free and unimpeded navigation are in no way thus affected.
Nowhere is either of the Proclamations was there any claim what soever to more than jurisdiction and control over the continental shelf: the character of the high seas, whether above the continental shelf or outside the limits of the continental shelf, was carefully preserved as high seas; territorial waters of the United States were is rewise increased or affected.
Nor did the Press Release, issued by the White House on September 28, 1945, concerning the two Proclamations which the President signed that same day, is anywise change the effect or tenor of the Proclamations. It was clearly and accurately stated in the Press Release that;
'While asserting jurisdiction and control of the United States over the mineral resources of the continental shelf, the proclamation is rewise abridges the right of free and unimpeded navigation of waters of the character of high seas above the shelf, nor does it extend the present limits of the territorial waters of the United States'.
In addition, attention is called to the fact that the Outer Continental Shelf Lands Act, approved August 7, 1953, which provides for the jurisdiction and control of the United States over the subsoil and. sea bed of the outer Continental Shelf, and authorises the Secretary of the Interior to lease such lands for certain purposes, contains the explicit provision in Section 3(b) that -
'(b) This Act shall be construed in such manner that the character as high seas of the waters above the outer Continental Shelf and the right to navigation and fishing therein shall not be affected.'
Thus, the Congress of the United States clearly recognized that the waters above the outer Continental Shelf are high seas and that the right to navigation and fishing therein is not affected by the Act."
American Embassay,
Seoul,
February 2, 1955.