JP 3-50 National Search and Rescue Manual Vol I - US Navy

G. 46 USC 2304 requires a master or individual in charge of a
vessel to render assistance to any individual found at sea in danger of
being lost. This provision applies to all vessels operated on waters
within 12 NM of the U.S. and to U.S. owned vessels on the high seas.
1220 INTERNATIONAL FRAMEWORK
There are various principles under international law that SAR
personnel should be aware of. Additionally, SAR operations in, or in
the vicinity of foreign nations, involve two principles which sometimes
conflict -- The sovereignty of a nation and the humanitarian need to
assist those in distress without regard to nationality or circumstances.
International instruments and national policies of countries attempt to
resolve these conflicts.
1221 Obligations of Ships at Sea
There is an obligation under international law to rescue mariners
regardless of nationality based on the principle and time honored
tradition that those at sea will, whenever they can without undue risk,
assist fellow mariners in distress. Additionally, most nations are
party to the International Convention for the Safety of Life at Sea
(SOLAS). Regulation V/10 of that instrument contains pertinent
requirements for masters of ships of these nations. Masters of a ship
at sea are required on receiving a signal from any source that a ship or
aircraft or survival craft is in distress, to proceed with all speed to
the assistance of the persons in distress informing them if possible
that he is doing so. If he is unable or, in the special circumstances
of the case, considers it unreasonable or unnecessary to proceed to
their assistance, he must enter in the logbook the reason for failing to
proceed to the assistance of the persons in distress.
1222 Right of Assistance Entry
A. Under this principle, the right to enter a foreign territorial
sea to engage in bona fide efforts to render emergency assistance to
those in danger or distress from perils of the sea is known as Right of
Assistance Entry (RAE). RAE has been recognized since the development
of the modern territorial sea concept in the eighteenth century.
Acknowledgment of RAE is evidenced in customary international law. RAE
is independent of the rights of innocent passage, transit passage, and
archipelagic sea lanes passage. Perils of the sea are dangers commonly
associated with operating on, over or under the oceans.
B. Where a bilateral agreement with other nations (states) exists
and assistance in the territorial sea is specifically addressed, the
terms of the agreement are controlling. Where agreements do not exist,
agency directives should be followed when implementing RAE. In general
the conditions under which RAE by vessels is appropriate are:
1. There is reasonable certainty that a person, ship or aircraft
is in danger or distress from the perils of the sea;