Legislative Decree No. 304 of 1963 on the Territorial Waters of the Syrian Arab Republic

LEGISLATIVE DECREE NR. 304 REGIONAL SEA OF THE S.A.R The Head of the National Council of the Revolution's Hq., According to the Military Order N r. 1 dated 8.3.1963, And according to the Legislative Decree Nr. 10, dated 23.3.63, and the decision of the National Council of the Revolution's Head quarters Nr. , dated 1963. Declares the following: CHAPTER ONE - DEFINITIONS Article 1: The definitions which are mentioned in this Legislative Decree mean as follows: A- The Sea Mile: It is the arcial minute which is measured on the big circle line and which is equal to 1852 meters. B-TheBay: It is the clear declination whose depth is in proportion to its entrance width so that its water is surrounded by land and is not a mere coastal inclination. This declination will not be considered as a bay if its area was not equal or more than half a circle drawn in the entrance of this declination. C- The Island: It is the piece of land that is surrounded by the sea from all sides, and is always and under usual circumstances over the high water's level. D- The Shoal (Shallow): It is any region inside the regional sea which is covered by shallow water and a part of it uncovered by water in the lowest level where the low tide reaches. E- The Coast: It is the Syrian Arab Republic coast opposite the Mediterranean Sea and according to the maps acknowledged by the S.A.R. F- The Docks: It is the regions that are used usually for shipping, unloading, and landing of ships. Article 2: G- The Passing: It is the navigation in the Regional Sea for crossing these waters without reaching the inland waters or entering it or going from inland water to the high seas. H- Simple Navigation: It is the mere passing of ships in regional sea causing no contradiction to navigation regulations, or violation to Security in Syria, or to the International Navigation Law. Navigation includes passing, stopping and landing, and as long as it is connected with regular navigation or for the result of forcing circumstances. I- High Seas: It is all parts of the sea that are not included in regional sea or in land water. J- Fathom Surface: This expression is used to show the depth of the sea and the ground under it in regions near the coast and outside the regional sea up to the depth of 200 meters or more according to the depth of the near water and exploitation of natural resources of these areas. K- Baseline: Is the imaginative line between two points on land for measuring the depth of regional sea. L- Port: It is the region of the coast for the landing of ships. Some of the parts of the permanent port's constructions are considered as a part of the coast. CHAPTER TWO - INLAND AND REGIONAL SEA Section One - Inland Water The inland waters in S.A.R. include the following: A- Waters of bays which are along the S.A.R. coast. They are limited between the coast line and the straight line connected with cape of the bay. B- The waters which are on ground from any shoal, and which are not farther than 12 marine miles from the land or from any S .A.R. island limited between the coast line and the line connected with outside shoal. C- The water between land and any S.A.R. island not farther than 12 marine miles. The outside line of the island is considered as its outside coast. Article 3: D- The water between the S.A.R. islands. These islands should be farther than 12 marine miles in between. CHAPTER TWO - INLAND WATER AND REGIONAL SEA Section One - Inland Water The S.A.R. Regional Sea, the space over it, lands under it, and what is under the ground are under the control of the S.A.R. in respect to the regulations of the International Law for simple navigation for ships of other countries. Article 4: The Regional Sea extends to 12 marine miles towards the sea measured from the straight baseline or from the lowest level of the islands' water along the coast, as it is explained in the large-scaled maps which are organized in the S.A.R. Section Three Appointing the Baseline for Measuring Regional Sea Article 5: Appointing the baseline to measure the regional sea in S .A.R. will be as follows: A- If the coast or island is completely exposed to the sea: starting from island water line. B- In case of a bav facing the sea: Lines drawn on one of the land sides from the entrance of the bay to the other side. C- In case of shoal not farther than 12 marine miles from the land: lines drawn from land along the external side of shoal. D- In case of Port of Harbor facing the sea: Lines drawn along the side opposite the sea from the most projected constructions and lines drawn between the sides of these constructions. E- In case of an island not farther than 12 marine miles from the land: Lines drawn from land along the exterior coast of the island. Article 6: F- In case of many islands which can be connected with lines which one of them does not exceed 12 marine miles, and the nearest island should not be farther than 12 marine miles from land: Lines drawn from land along the external coast of all islands, if these islands look like a chain, or drawn along the most-projected external coast of the islands in case that the islands do not look like a chain. G- In case of islands that can be connected bv lines, when one of them does not exceed 12 marine lines, and the nearest island should be farther than 12 marine miles: Lines along the external coast for all islands if they are chained, or drawn along the most-projected external coast of the islands in case that the islands are unchained. H- In all cases there is a need for a special regulation for measurement because of the depth of coast relief, its cuts, or because of many surrounding lands: measuring line is independent from the islands waterline. In such cases the straight lines connected with suitable points are used, and these lines are drawn in a way that is not too far from general direction of the coast. If, a result of delineating the limits of the regional sea, in conformation with this legislative decree, an area has been left out of the outer sea surrounded by regional direction. This area shall, then be considered as part of the regional sea. Furthermore, any water pocket clearly distinguished as part of the outer sea shall be considered as single straight line of a length not exceeding 12 marine miles, the pocket can be enclosed. Article 7: If the water of other country is connected with the inland water or the regional sea of S.A.R., the boarder will be stated by mutual agreement according to the International Law or the agreement between the two countries. Section Three - General Regulations Article 8: The S.A.R. has the right to take any necessary arrangements in the Regional Sea for the protecting itself against any harm or interest according to the executed regulations and international law. Article 9: The S.A.R. has to take any necessary arrangements for prohibiting ships to enter the inland water through violating the regulations which permit ships to enter in this water. Article 10: The foreign ships which are allowed to navigate in the Regional Sea have to abide by the executed rules and laws in S.A.R. and also the International Law regulations especially which are related to transport and navigation. Article 11: The S.A.R. authorities have the right to avoid navigation in areas of the Regional Sea appointed by them before action. Article 12: Navigation of military ships in Regional Sea needs a former permission. The S.A.R. authorities have the right to take the necessary action for violating ships. Submarines are not allowed in any case to navigate under the water in Regional Sea. Article 13: The S.A.R. authorities has the right to control up to 6 miles of the high sea connected with regional water for: Article 14: A- Avoiding violation of its laws and regulations concerning security, customs, health, and finance whether on its land or in its regional sea. B- Executing the condemnation for violating the mentioned laws whether its land or in its regional sea. The S.A.R. authorities has the right to perform its authority on fathom surface for exploiting the natural resources according to the executed law and regulations. Article 15: All regulations contradicting this legislation decree are canceled wherever it is. Article 16: This legislative decree will be published m the official gazette and will be effective from its issuing date. Damascus in 28/12/1963 The Head of the National Council of Revolution Headquarters