Territorial Sea and Maritime Zones Law, 1977 (Law No. 3)

ENGLISH Translation 1.::RRITORIAL 3SA AND ?J'...ARITIME ZC-NES LAA ':t:rithu Hluttaw Law No. 3 of '1977. Dreomble wEER3AS the territorial sen of Burma has been declared co extend into the se3. to a distance of twelve nautical miles; W.8.r.REAS it is necessary for the purpose of safe­ ~uarding the national interests of Burma to declare the extent of the contiguous zone, the continental shelf and the exclusive economic zone of Burma; A .. .ND '~'THERE.AS it is necessary to provide for matters ancillary thereto; The Fyi thu iiluttaw ma."l{es the folloiving Lav.J: CHAPTER I Title and Definitions 1.. 'l'his Law may be called the Territorial 3ea and. ~1:sri time Zones Law. 2. The follovring expressions contained in this La1.v shall have the following meanings, ( a) "Burr:1a 11 means the Socialist Republic of the Union of Burma; (b) "Council of Ministersir me2ns the Council of ~inisters of Burma; (c) 11 :Bsselines" means the baselines specified in the Annex to this Law. CHAPTER II Territorial Sea 3. Th2 territorial sea of Burma extends seawards to a ~1 is:-2,sc•?. of t\ilelv,c? Y1Gutical miles fro1T1. the baselines. Ll-. 'rhs sovereignty of Burma extends to the territorial sea, to its bed and subsoil and to the air space over the territorial sea. 5. Subject to the provisions of this Lav,r, ships of all States other than warships shall enjoy the right of innocent passage through the territorial sea. Passage shall be deemed to be innocent so long as it is not prejudicial to the peace, gooi order or security of Burma. ·,::i. During passage through the territorial sea (a) a foreign ship shall observe the existing laws and rules of Burma; (b) a foreign fishing vessel shall keep its fishing gear and equipment in a secured position for sea. Such d ve~3el shall traverse the teTritorial sea by the shortest way without stopping or anchoring, except by reBson of force majeure; (c) no foreign research ship shall undertake any research activity without tl,e prior express permission of the Council of Ministers. '7. Proof of innocence of passage shall be furnished by th2 .foreign ship exercising th3 right of innocent passage when calle~ for by the co~~ete~t authorities of Burma. 8. The Council of Ministers may suspend temporarily, in specified ,1reas of the territorial sea, the innocent passage of foreign ships if it considers that such suspension is necessary to s3fcguard the peace, good order or security of Burma. 3 g. (a) lfo foreign vrnrship shall pass tr.i.rough the terri torial sea without the prior express permission of the Council of Ministers. (b) A foreign warship entering the territorial sea without the prior express permission of the Council of Ministers shall be required to leave the area immediately. (c) During passage through the territorial sea, foreign submarines and other underwater vehicles shall navigate on the surface of the sea and show their flag. CHAPTER III Contiguous Zone 10. T·he contiguous zone of Burma is an area beyond and adjacent to the territorial sea and extends to a distance of twenty-four nautical miles from the baselines. :-1. In the contiguous zone Burma exercises such control as it may consider necessary to (a) safeguard the security of Burma; (b) prevent and punish infringement of its customs, fiscul, immigration or sanitary regulations within its territory or territorial sea. CHAPTER IV Continental Shelf ✓12. ?he continental shelf of Burma comprises the seabed and subsoil of the submarine areas that extend beyond the territori:::,l sea throu6 hout the natural prolongation of its land t, ;rritory to the outer edge of the continental margin, or to a distance of two hundred nautical miles from the bas es where the outer edge of the continental margin does not extend up to that distance. 13. Burma exercises exclusive sovereign rights in respect of s continental shelf. 14. Without prejudice to the generality of the provisions of section /13, Burma has in the continental shelf (a) sovereign rights for the purposes of exploration, exploitation, conservation and management of its natural resources, both living and non-living; (b) exclusive rights and jurisdiction for the construc­ tion, maintenance or operation of artificial islands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of its natural resources, both living and non-living, or for the convenience of shipping or for any other purpose; (c) exclusive jurisdiction to authorize, regulate and control scientific research; (d) exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution; and (e) such other rights as are recognized from time to time by international law. 15. (a) The natural resources of the continental shelf include vegetable organisms and living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the se&bed or the subsoil. 5 (b) Where the Council of lvlinisters considers that a marine organism of any kind is part of the living n~tur resources of the continental shelf, it may, by notification in the official Gazette, declare t o~gani3~ to be fart of t~e living natural resources of the continental shelf. 16. No one shall, without the prior express permission of the Council of Ministers, carry out in the continental shelf, any of the following: ( a) lorati on; (b) exploitation of the natural resources, both living and non-living; (c) research; (d) search, excavation, drilling; or (e) construction, maintenance or operation of any artificial island, off-shore terminal, installation or other structure or device. CHAPTER V Exclusive Economic Zone 17. exclusive economic zone of Burma is an area beyond and adjacent to the territorial sea and extends to a distance of two hundred nautical miles from the baselines. 18. Burma has in the exclusive economic zone (a) sovereign rights for the purposes of exploration, exploitation, conservation and management of its natural resources, both living and non-living, as v1ell as for producing energy from water and winds; (b) exclusive rights and jurisdiction for the con­ struction, maintenance or operation of artificial 6 i ands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of its natural resources, both living and non-living, or for the convenience 0f shipp~ng or for any other purpose; (c) exclusive jurisdiction to authorize, regulate and control scientific research; (d) exclusive juri iction to preserve and protect the marine environment and to prevent and control marine pollution; and ( e) such other rights as are recognized from time to time by international law. 19. 3ubject to the exercise by Burma of its rights (a) ships of all States shall enjoy the right of eedom of navigation within the exclusive economic zone; 20. (b) aircraft of all States shall enjoy freedom of overflight within the air space over the zone. one shall conduct any activity in the exclusive economic zone in relation to exploration, exploitation or research, 1 .. vithout the prior express permission of the Council of Tuli sters: Provided that, nothing in this section shall apply to fist.ing in accordance 1Nith lav; by a citizen of Burma. C P.1';.PT E..~ VI Offences and Penalties 21. Whoever contre,venes or attempts to contravene or ets the contravention of any provision of this Lavr or of any rule made thereunder shall be punishable with imprisonment w:u.ch may •2xtend to ten years, or vlith fine, or with both: Provided that, the provisions of this section shall not precluds the right to take action under any other existing law. 22. .A11y ship other than a warship which is involv,,:;d in the contravention of any provision of this Law punishable under section 21 shall be liable to confiscation together with its equipment and instruments as well as everything aboard that ship. 23. There shall be no prosecution under this Law vii thout the prior sanction of the Council of ~inisters. CHAPTER VII Miscellaneous 21+. For the purpose of successfully implementing the provisions of this Law, the Council of Ministers may :;;:Jromulgate such regulations, bye-laws, orders, directives and procedures as may be necessary. 25. Hothing in this Law shall affect the right of hot ~ursuit that may be exeroised by Burma against any offender for any offence committed in the territorial sea, the contiguous zone, the continental shelf or the exclusive economic zone. Rs1.ngoon, dated Three ( Sd: Ne w·in, Chairman, Council of. State, Socialist Republic of the Union of Buxma. Waning ,Day of Tagu in the Year One Thousand Hundred and Thi.rty-eight of the Burmese Era April 1977) ANNEX For the purpose of this Law, the low-water lines as Barked on large-scale charts officially recognized by Burma shall be the baselines for measuring the breadth of the territorial sea, the Gonti~uous zone, the continental shelf and the exclusive economic zone of Burma:. Provided that, where by reason of the geographical conditions prevailing on the coasts of Burma or of the ,2conoL1ic re(iuirements of the coastal regions straight base­ lines have been drawn between fixed points on the mainland, on islands or rocks, □easurement shall be made from such baselines. The fixed points between which such straight baselines shall be dravm are indicated in detail in the following schedule: s C HEDULE 1 • Arakan Coast (a) Southern Point of • • Lat 20° 11 1 4-911 N M.AYU ISL.AND Long 92° 32' '19 It E (b) BORON GA PO INT .. Lat 19° 48' 30 11 N Long 93° 01' 42" E (c) SOUTH TERRIBLES •• Lat -190 22' 56 11 N Long 93° 16' 20" E (d) Western Point of . . Lat 18° 51' 48" N HENRY ROCKS Long 93° 26' 15" E ( e) Western Point of •• Lat 18° 20 1 50" N NERBUDDA ISLAND Long 93° 56' 2511 E (f) ST. JOHN'S or . . Lat -170 27' 39" N CHURCH ROCKS Long 94° 19' 46" E (g) ?'JCRTh WEST GROUP .. Lat 16° 55' 28 11 N Long 94° '12' 45" E (h) KORONGE ISLAND • • Lat 16° 31' 20 n N Long 94° 14' 21 II E (i) SOUTH ROCK .. Lat 16° 18 1 55" N Long 94° 1 '1 ' 20 11 E 2 (j) BLACK ROCK •• Lat 16° 11 l 50 II N Long 94° 10' 50" E (k) ALGUADA REEF .. Lat 15° 42 1 1311 N (PATHEIN LIGHT) Long 94° 12' 06" E 2. Gulf of Martaban ( a) ALGUADA REEF . . Lat 15° 42 1 13 II N (PATF..EIN LIGHT) Long 94° 12 rr 06" E (b) '.,Vestern Point of . . Lat 14° 24' 15" :t,T LONG I3LA1rn Long 97° 46' 02t! E 3. Tenasserim Coast ( a) Western Point of •• Lat 14° 24 1 15 II N LONG ISL.Ai""il"D Long 97° 46' 02" E (b) NORTH ISLAND • • Lat 14° 09' 00" N Long 97° 46' 54" E (c) wEST CANISTER .. Lat 12° 41 1 30 11 N ISLAND Long 97° 43' 40" E (d) :Northern Point of •• Lat 12° 30' 30" N SAURIM ISLAND Long 97° 47' 42 11 E (e) Western Point of .. . Lat 12° 03' 03" N n PRINCEP I3L.AJ.'ifD Long 97° 38' 00" E n. (f) GREAT WE.STERN Lat 11° 47' 15" 1\T •• .l.~ TORRES Long 97° 26 1 15" E (g) North Western Point of •• Lat 10° 38' 15 11 N NORTH I1WIN Long 97° 41 1 4511 E (h) Western Point of .. Lat 10° 28' 12" N SODTH TV/IN Long 97° 40' 45 11 E (i) WESTERN ROCKY • • Lat 09° 51' 24 11 N ISLAND Long 97° 52' 18" E ( j) HAYCOCK ISLAND • • Lat 09° 40' 45 11 -N Long 97° 54' 30" E (k) ~-Jes tern Point of Lat 09° 35' 54" "\~ • • .i.l MURRAY ISLAl':D Long 97° 58' 1211 E