---
kind: "section"
citation: "32 C.F.R. § 767.4"
title: "32"
number: "767.4"
heading: "Prohibited acts."
url: "https://uscodex.org/cfr/32/767.4"
---

# §767.4. Prohibited acts.

- (a) **Unauthorized activities directed at sunken military craft or terrestrial military craft.** No person shall engage in or attempt to engage in any activity directed at a sunken military craft or terrestrial military craft that disturbs, removes, or injures any sunken military craft or terrestrial military craft, except:
  - (1) As authorized by a permit issued pursuant to these regulations;
  - (2) As otherwise authorized by these regulations; or
  - (3) **As otherwise authorized by law.**
- (b) **Possession of sunken military craft or terrestrial military craft.** No person may possess, disturb, remove, or injure any sunken military craft or terrestrial military craft in violation, where applicable, of:
  - (1) [Section 1402](/cfr/32/1402.md) of the SMCA; or
  - (2) Any regulation set forth in this part or any permit issued under it; or
  - (3) Any prohibition, rule, regulation, ordinance, or permit that applies under any other applicable law.
- (c) **Limitations on application.** Prohibitions in [section 1402](/cfr/32/1402.md) of the SMCA shall not apply to:
  - (1) **Actions taken by, or at the direction of, the United States.**
  - (2) Any action by a person who is not a citizen, national, or resident alien of the United States, except in accordance with:
    - (i) Generally recognized principles of international law;
    - (ii) An agreement between the United States and the foreign country of which the person is a citizen;
    - (iii) In the case of an individual who is a crew member or other individual on a foreign vessel or foreign aircraft, an agreement between the United States and the flag State of the foreign vessel or aircraft that applies to the individual.

## Notes

### Authority

Authority: 10 U.S.C. 113 note; Pub. L. 108-375, Title XIV, sections 1401 to 1408, Oct. 28, 2004, 118 Stat. 2094; 5 U.S.C. 301; 16 U.S.C. 470.

### Source

Source: 80 FR 52594, Aug. 31, 2015, unless otherwise noted.