SPECIAL NOTE - APPLICATION OF THE 72 COLREGS TO TERRITORIES AND POSSESSIONS

Current through October 31, 2024

a. Article III of the Convention on the International Regulations for Preventing Collisons at Sea, 1972 (72 COLREGS), done at London, October 20, 1972, as rectified by Proces-Verbal of December 1, 1973, provides that a party may notify the Secretary-General of the International Maritime Organization (IMO, formerly Inter-Governmental Maritime Consultative Organization or IMCO) that it extends the application of the Convention to territory for which it is responsible for international relations. Since it is the intention of the United States that the 72 COLREGS apply to all U.S. territories and possessions to the same extent that the International Regulations for Preventing Collisions at Sea, 1960 (60 COLREGS) (16 USC 794 , TIAS 5813) previously applied, the United States has given notice to the Secretary-General that the provisions of the 1972 COLREGS are applicable on July 15, 1977, to the following territories and possessions for which the United States is responsible for international relations:

Puerto Rico

Guam

The Canal Zone

The Virgin Islands of the United States

American Samoa

Midway Island

Wake Island

Johnston Island

Palmyra Island

Kingman Reef

Howland Island

Baker Island

Jarvis Island

Navassa Island

b. In accordance with Article III, other parties to the Convention have notified the Secretary-General that application of 72 COLREGS is extended. These parties with their territorial extensions are listed in Table 1.

Table 1. Territorial Extensions of Other Parties to 72 COLREGS

Party to convention	Territories to which 72 COLREGS are extended
United Kingdom	Hong Kong.

Because earlier formulations of the COLREGS were not elaborated as treaties, they came into force by the almost simultaneous enactment of domestic legislation by the majority of maritime nations. The COLREGS were judicially considered as being customary international law, that is to say international law based upon the consensus of maritime nations rather than upon an express instrument. Because 72 COLREGS was elaborated as a treaty, and under usual treaty practice only parties are bound, there may be a period of time after the 72 COLREGS come into force during which the ships of a nation not party to 72 COLREGS might not be considered as being bound to comply with the convention. While it is most likely that the 72 COLREGS will rapidly achieve the status of customary international law, thereby obviating any concern on the part of the mariner as to whether a particular nation is a party, it does not necessarily follow that the courts in all nations will apply 72 COLREGS to the vessels of a non-party nation. In the absence of changes in their domestic law there may be certain nations that will feel compelled to continue 60 COLREGS in force, despite the coming into force of 72 COLREGS.

The following nations are Contracting Parties for which 72 COLREGS will apply upon the Convention's entry into force:

Algeria

Bahamas

Belgium

Brazil

Bulgaria

Canada

Denmark

Finland

France

German Democratic Republic

Germany, Federal Republic

Ghana

Greece

Hungary

Iceland

India

Liberia

Mexico

Monaco

Netherlands

New Zealand

Nigeria

Norway

Papua New Guinea

Poland

Romania

South Africa

Spain

Sweden

Switzerland

Syrian Arab Republic

USSR

United Kingdom

United States

Yugloslavia

Zaire

The following nations have accepted the 60 COLREGS but are not Contracting Parties to 72 COLREGS:

Argentina

Australia

Austria

Barbados

Burma

China

Cuba

Cyprus

Czechoslovakia

Ecuador

Egypt

Fiji

Gambia

Indonesia

Ireland

Israel

Italy

Ivory Coast

Jamaica

Japan

Kuwait

Lebanon

Libyan Arab Republic

Madagascar

Maldives

Morocco

Oman

Pakistan

Paraguay

Peru

Philippines

Portugal

Republic of Korea

Singapore

Surinam

Tonga

Trinidad

Tobago

Tunisia

Turkey

United Republic of

Cameroon

CGD 77-075, 42 FR 26976, May 26, 1977. Redesignated by CGD 81-017, 46 FR 28153, May 26, 1981; CGD 95-053, 61 FR 9, Jan. 2, 1996

CGD 77-075, 42 FR 26976, 5/26/1977. Redesignated by CGD 81-017, 46 FR 28153, 5/26/1981; CGD 95-053, 61 FR 9, 1/2/1996