Ley Nº 23.968/91 - Fijación de las líneas de base a partir de las cuales se medirán sus espacios maritimos

ARGENTINA Act No. 23.968 of 14 August 1991* [Original: Spanish] Article 1 The baselines of the Argentine Republic from which its maritime areas shall be measured, shall be the normal and straight baselines as defined in the list appearing in annex I to this Act and drawn on the charts which are referred to in the Act and contained in annex II. 1/ These baselines shall include the lines joining the headlands which form the mouths of the Gulfs of San Matias, Nuevo and San Jorge, as laid down in article l of Act 17.094, and the line marking the outer limit of the Rio de la Plata and the corresponding maritime boundary of 19 November 1973. The baselines of the Argentine Antarctic Sector, over which the Republic has sovereign rights, shall be established by a subsequent Act. Article 2 The waters situated within the baselines established pursuant to article 1 of this Act shall form part of the internal waters of the Argentine Republic. Article 3 The territorial sea of Argentina shall extend to a distance of twelve (12) nautical miles from the baselines established in article l of this Act. Argentina shall enjoy and exercise full sovereignty over the territorial sea as well as over its airspace, the seabed and the subsoil. Ships of third States shall enjoy the right of innocent passage through the territorial sea, provided that such, passage complies with the provisions of international law and the laws and regulations adopted by the Argentine Republic in its capacity as the coastal State. Article 4 The contiguous zone of Argentina shall extend beyond the outer limit of the territorial sea to a distance of twenty-four (24) nautical miles from the baselines established in article 1 of this Act. In exercising its jurisdiction over this zone, Argentina may prevent and punish infringements of its fiscal, sanitary, customs and immigration laws or regulations within its territory or territorial sea. 21 Article 5 The exclusive economic zone of Argentina shall extend beyond the outer limit of its territorial sea to a distance of two hundred (200) nautical miles from the baselines established in article 1 of this Act. In the exclusive economic zone, Argentina shall have sovereign rights 'or the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds. National provisions concerning the conservation of resources shall apply beyond the two hundred (200) nautical mile zone in the case of migratory species or species which form part of the food chain of species of the exclusive economic zone of Argentina. Article 6 The continental shelf, over which Argentina has sovereignty, shall include the seabed and the subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of two hundred (200) nautical miles from the baselines established in article 1 of this Act where the outer edge of the continental margin does not extend up to that distance. Article 7 The outer limits of the maritime areas referred to in articles 3, 4 and 5 shall be defined by reference to their distance from the baselines established in article 1 of this Act. "Nautical mile" means the international nautical mile, which is equivalent to one thousand eight hundred and fifty-two (1,852) metres. Article 8 The Naval Hydrography Service shall prepare and update the charts showing the limits established in articles 1, 3, 4 and 5 of this Act, so that they may be duly published following approval by the Ministry of Foreign Affairs and Worship. Article 9 In the maritime areas defined herein, the Argentine Republic shall retain the exclusive right to construct, authorise and regulate the construction, operation and use of all kinds of installations and structures, over which it shall have exclusive jurisdiction, with respect also to matters relating to its fiscal, customs, sanitary and immigration laws and regulations. 22 Article 10 Articles 585, 586, 587 and 588 of Act 22.415 (Customs Code) shall be amended as follows: Article 585 - Products extracted from the territorial sea or exclusive economic zone of Argentina, or from the seabed or subsoil thereof subject to its national sovereignty, or products derived therefrom, and intended for shipment overseas or to a free zone shall be considered as consumer exports from the general customs territory. Article 586 - Consumer imports into the general or special customs territory of products originating from the territorial sea or exclusive economic zone of Argentina, or from the seabed or subsoil thereof subject to its national sovereignty, shall be exempt from payment of the relevant taxes and from the application of prohibitions of an economic nature. Article 587 - Consumer exports from the general or special customs territory to the territorial sea or exclusive economic zone of Argentina, or seabed or subsoil thereof subject to its national sovereignty, shall be exempt from payment of the relevant taxes and from the application of prohibitions if such products are intended for use or consumption as part of an activity involving exploration, exploitation, cultivation, processing, mixing or any other type of operation to be carried out in these areas. Article 588 - With regard to all or part of the territorial sea or exclusive economic zone of Argentina, or the seabed or subsoil thereof subject to its national sovereignty, the Executive may introduce full or partial application of the general procedures, customs governing and prohibitions on the entry of products from overseas or from a free zone. Article 11 The present Act shall be transmitted to the Executive Alberto R. Pierri Eduardo Menem - Juan Estrada Hugo R. Flombaum. DONE in the Chamber of the Argentine Congress in Buenos Aires, this fourteenth day of August, one thousand nine hundred and ninety-one. * Translation provided by the United Nations Secretariat. 1/ Annex I is available in the Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs; annex II is not available.