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Introduced by Representative Rufus B. Rodriguez
2465

EXPLANATORY NOTE

House Bill No.

This bill was filed during the 18" Congress and was approved by the House of
Representatives.

Article 53 of the United Nations Convention on the Law of the Sea states that “an
archipelagic State may designate sea lanes and air routes there above, suitable for the
continuous and expeditious passage of foreign ships and aircraft through or over its
archipelagic waters and the adjacent territorial sea”.

Further, Article 22 of the UNCLOS provides that ‘the coastal State may, where
necessary having regard to the safety of navigation, require foreign ships exercising the right
of innocent passage through its territorial sea to use such sea lanes and traffic separation
schemes as it may designate or prescribe for the regulation of the passage of ships

The UNCLOS also provides for other rights that a country has in its sea lanes. As
such, it is very important that the Philippines establishes its sea lanes in order to be able to

fully benefit from the provisions of the UNCLOS.

In view of the foregoing, immediate approval of this measure is eamestly requested.

RUFUS B. ROI IGUEZ, .
RB


NINETEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No. 2465

AN ACT

ESTABLISHING THE ARCHIPELAGIC SEA LANES IN THE PHILIPPINE ARCHIPELAGIC
WATERS, PRESCRIBING THE RIGHTS AND OBLIGATIONS OF FOREIGN SHIPS AND
AIRCRAFT EXERCISING THE RIGHT OF ARCHIPELAGIC SEA LANES PASSAGE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTER!
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Philippine Archipelagic Sea
Lanes Act’.

SEC. 2. State Policy. - The State in the exercise of its duty to protect its maritime domain
shall implement and adhere to the provisions of the 1982 United Nations Convention on the
Law of the Sea (UNCLOS) and relevant international conventions to which the Philippines is
a par

It shall be the policy of the State to minimize the routes and areas that shall be
utilized and accessed by foreign vessels and foreign registered aircraft for the exercise of
archipelagic sea lanes passage.

SEC. 3. Definition of Terms. — As used in this Act

(a) Archipelagic sea lane refers to the designated sea lanes in the archipelagic
waters and air routes thereabove through which foreign vessels or aircraft may exercise the
right of archipelagic sea lanes passage.

(b) — Archipelagic sea lane passage refers to the exercise of the rights of
navigation and overflight in the normal mode solely for the purpose of continuous,
expeditious, and unobstructed transit between one part of the high seas or an exclusive
economic zone (EEZ) and another part of the high seas or an EEZ.

(©) Archipelagic waters refer to the waters on the landward side of the
archipelagic baselines except those delineated as internal waters.

Within the archipelagic waters, closing lines for the delineation of internal waters shall
be drawn pursuant to Article 50 of the UNCLOS and other existing laws and treaties.

The Philippines exercises sovereignty and jurisdiction over its archipelagic waters
and the airspace over it as well as its seabed and subsoil in accordance with the UNCLOS
and other existing laws and treaties.

(d) Associated protective measure refers to a measure that a coastal State may
adopt to regulate international maritime activities for the protection of the area at risk

(e) Hydrographic survey refers to the determination of data relating to bodies of
water. A hydrographic survey may consist of the determination of one or several of the
following classes of data: depth of water; configuration and nature of the bottom; directions
and force of currents; heights and times of tides and water stages; and location of
topographic features and fixed objects for survey and navigation purposes.



( Oceanographic survey refers to a study or examination of any physical,
chemical, biological, geological or geophysical condition in the ocean, or any part of it

(9) _ Right of innocent passage refers to the right of continuous and expeditious
passage of foreign vessels through the territorial sea that is not prejudicial to the peace,
good order or security of the coastal State. Passage includes stopping and anchoring, but
only insofar as the same are incidental to ordinary navigation or are rendered necessary by
force majeure or distress or for the purpose of rendering assistance to persons, ships or
aircraft in danger or in distress. Passage shall be considered as prejudicial to the peace,
good order or security of the coastal State if in the territorial sea, the vessel engages in any
of the activities enumerated in Article 19 of the UNCLOS. This right of innocent passage
applies to archipelagic waters outside of the archipelagic sea lanes, as provided for in Article
52 of the UNCLOS.

(h) Territorial sea refers to the adjacent belt of sea measured twelve (12) nautical
miles from the baselines of the territorial sea as determined in accordance with the
provisions of Part II or Part IV of the UNCLOS as appropriate.

The Philippines exercises sovereignty over its territorial sea and the airspace over it
as well as its seabed and subsoil in accordance with the UNCLOS and other existing laws
and treaties.

CHAPTER II
DESIGNATION OF THE ARCHIPELAGIC SEA LANES AND THEIR COORDINATES FOR
THE RIGHT OF ARCHIPELAGIC SEA LANES PASSAGE AND INSTITUTION OF
PROTECTIVE MEASURES THERETO

SEC. 4. Designation of Archipelagic Sea Lanes and Their Coordinates. - The System
of the Archipelagic Sea Lanes in the Philippine Archipelagic Waters shall be defined by axis
lines connecting the coordinates below:
(a) SEA LANE I: PHILIPPINE SEA - BALINTANG CHANNEL - WEST
PHILIPPINE SEA

(I-1) 20° 06'.67
(I-2) 20° 06.67

122° 12'.90E
|; 121° 28.73 E

(b) SEA LANE II: WEST PHILIPPINE SEA —- MINDORO STRAIT - CUYO EAST
PASS - SULU SEA - SIBUTU PASSAGE - CELEBES SEA

(let) 13°05.77N; 119° 52.32 E
(Il-2) 11°09.20N; 121° 27°:37E
(I-3) 10° 53.88N; 121° 27°.37E
(Il-4) 10°00.77N; 120° 55.85 E
(IIS) 08° 53.60 N; 120° 55.78 E
(6) 05° 15.72N; 119° 37°.31E
(lI-7) 04° 33.60N; 119° 37.48 E

(c) SEA LANE lll: CELEBES SEA - BASILAN STRAIT ~ SULU SEA —
NASUBATA CHANNEL ~ BALABAC STRAIT - WEST PHILIPPINE SEA

(lll-1) 06° 18.97 N; 122° 50.70 E

(itl-2)

(l-3) ;
(Ill-4) 06° 59.45 N; 121° 42.25 E
(Ill-S) 08° 07.63 N; 118° 46.97 E
(Ill-6) 08° 07.63 N; 118° 19.65 E
(-7) 07° $7.48 N; 117° 10.20E

(IlI-8) 07° 39.37 N; 117° 02.40 E


The map displaying the axes and connecting points as detailed in Section 4 hereof is
attached as Annex |

SEC. 5. Protective Measures. — All rules and regulations relating to the management and
security of the archipelagic sea lanes and adjacent archipelagic waters shall be promulgated
by the President, with the assistance of the relevant national agencies, through an
appropriate executive issuance. Such issuances shall include the protective measures
stipulated in intemational agreements, conventions, and regulations such as those
established by the Intemational Maritime Organization, as well as national measures
enacted in accordance with existing laws and regulations.

CHAPTER Ill
RIGHTS AND OBLIGATIONS OF FOREIGN SHIPS AND AIRCRAFT WHEN EXERCISING
THE RIGHT OF ARCHIPELAGIC SEA LANES PASSAGE

SEC. 6. Right of Archipelagic Sea Lanes Passage. - Foreign ships and aircraft may
exercise the right of archipelagic sea lanes passage in accordance with the provisions of the
UNCLOS in order to navigate or fly from one part of the high seas or an EEZ to another part
of the high seas or an EEZ through or over the Philippine archipelagic waters and its
adjacent territorial sea. Such sea lanes shall be defined by a series of continuous axis lines
from the entry points of passage routes to the exit points.

The exercise of the right of archipelagic sea lanes passage shall be through a sea
lane, or through the air route above a sea lane, which has been determined and designated
to be an archipelagic sea lane that may be used for exercising the right of archipelagic sea
lanes passage under Section 4 hereof.

SEC. 7. Obligations in the Exercise of the Right of Archipelagic Sea Lanes Passage.
— In the exercise of the right of archipelagic sea lanes passage, the following obligations
must be observed:

(a) Foreign ships and aircraft shall pass through or above the archipelagic sea
lane as quickly as possible without delay and in the normal mode solely for the purpose of
continuous, expeditious and unobstructed transit;

(b) Foreign ships and aircraft shall not deviate more than twenty-five (25) nautical
miles to either side of the axis line of the sea lane: Provided, That such ships and aircraft
shall not navigate closer to the coast more than ten percent (10%) of the distance between
the nearest points on islands bordering the sea lane;

(c) Foreign ships and aircraft shall refrain from any threat or use of force against
the sovereignty, territorial integrity, or political independence of the Republic of the
Philippines, or in any other manner in violation of the principles of international law embodied
in the Charter of the United Nations;

(4) Foreign ships and aircraft, including military aircraft and warships, shall refrain
from any war game exercises or exercises using any type of weapons, especially involving
the use of ordnance;

(e) Foreign aircraft shall not land in Philippine territory except when rendered
necessary by force majeure or distress;

Foreign ships shall refrain from stopping, dropping anchor or loitering, except
when rendered necessary by force majeure or distress or in order to render assistance to a
person or persons or a ship or ships in danger or in distress;

(@) Foreign ships or aircraft shall refrain from making covert transmissions,
interfering with telecommunications systems, and communicating directly with an
unauthorized person or group of persons in Philippine territory; and

(h) Foreign ships or aircraft exercising the right of archipelagic sea lanes
passage shall refrain from any activity other than those incident to their normal modes of
continuous and expeditious transit, unless rendered necessary by force majeure or by
distress


SEC. 8. Prohibition Against the Conduct of Research and Survey Activities. - Foreign
ships or aircraft, including marine scientific research or survey ships or aircraft, while
exercising the right of archipelagic sea lanes passage, shall not conduct oceanographic or
hydrographic surveys or any other research or survey activities, whether with the use of
detection equipment or sample gathering equipment, unless they have obtained prior
permission to do so from the appropriate agency of the Government of the Republic of the
Philippines.

SEC. 9. _ Prohibition of Fishing, Marine Bioprospecting, Loading, Unloading of
Persons, Goods or Currency. —

(a) Foreign ships, including fishing vessels, while exercising the right of
archipelagic sea lanes passage, shall not conduct any fishing operation, marine
bioprospecting or exploitation of marine resources of the Philippines.

(b) Foreign fishing vessels, while exercising the right of archipelagic sea lanes
passage, besides fuffiling their obligations under paragraph (a) hereof, shall stow all fishing
equipment within the hold.

(©) ___ Foreign ships and aircraft, while exercising the right of archipelagic sea lanes
passage, shall not load to a ship or unload from a ship persons, goods or currency in a
manner that contravenes the laws and regulations concerning customs, immigration, fiscal
matters and sanitary rules, except when rendered necessary by force majeure or by distress.

SEC. 10. Compliance with Navigational Regulations, Procedures and Traffic Scheme.
~ While exercising the right of archipelagic sea lanes passage, foreign ships shall:

(a) Comply with the generally accepted international regulations, procedures and
practices concerning safety of navigation, including regulations relating to the prevention of
collisions at sea;

(b) Comply with the provisions of the traffic separation scheme where a traffic
separation scheme has been established for the regulation of navigation;

(c) Sail at a safe distance so as not to cause disturbance or damage to
navigational facilities or submarine cables or pipes; and

(d) Observe prohibited zones as determined by concerned agencies.

SEC. 11. Obligations of Foreign Civil Aircraft. -
(a) Foreign civil aircraft exercising the right of archipelagic sea lanes passage shall:
(1) Observe the Rules of the Air established by the Intemational Civil Aviation
Organization (ICAO); and
(2) Monitor the radio frequency assigned by the competent internationally
designated air traffic contro! authority or the appropriate international distress radio
frequency at all times.
(b) Foreign State aircraft exercising the right of archipelagic sea lanes passage shall:
(1) Respect the regulations concerning flight safety as detailed in Section 11 (a)
hereof and at all times operate with due regard for the safety of navigation; and
(2) Fulfill their obligations as detailed in Section 11 (a)(2) hereof.

SEC. 12. Prevention of Marine Pollution. —

(a) __ Foreign ships exercising the right of archipelagic sea lanes passage shall not
expel oil, oily wastes, solid wastes, other noxious substances, or ballast water into the
marine environment, or conduct other activities in contravention of international regulations
and standards for the prevention, reduction and control of marine pollution that originates
from ships.

(b) Foreign ships, while exercising the right of archipelagic sea lanes passage,
shall not dump waste in Philippine waters.


SEC. 13. Liability for Damage. —

(a) The person or legal body responsible for the operation or cargo of foreign
commercial ships or aircraft or foreign government ships or aircraft operated for commercial
purposes shall be liable for any loss or damage suffered by the Philippines or any third party
as a result of noncompliance with any of the provisions of this Act while exercising the right
of archipelagic sea lanes passage.

(b) The flag State shall bear international responsibility for any loss or damage
suffered by the Philippines or any third party as a result of noncompliance with any of the
provisions of this Act by a foreign warship or aircraft or other government ship operated for
noncommercial purposes while exercising the right of archipelagic sea lanes passage.

SEC. 14. Penalties. -

Non-compliance by foreign civilian ships and aircraft with the pertinent provisions of
this Act which constitutes a violation of existing fisheries, environmental, customs, fiscal,
immigration, sanitary and other pertinent laws shall be punishable by the provisions thereof.

If the non-compliance does not constitute a violation of existing laws, the same shall
be punishable by imprisonment of six (6) months and one (1) day to two (2) years and two
(2) months or a fine of One million two hundred thousand US dollars (US$1,200,000.00) or
its equivalent in Philippine currency, or both, such imprisonment and fine at the discretion of
the court.

The penalty shall be imposed upon the master of the vessel or the captain of the
aircraft or the owner or operator of the vessel or aircraft, as the case may be. If the owner or
operator is a corporation, partnership or any other juridical person, the penalty shall be
imposed upon the president or head thereof.

CHAPTER IV
FINAL PROVISIONS

SEC. 15. Right of Innocent Passage. - The provisions of this Act shall not diminish the
rights of foreign ships to exercise the right of innocent passage in the archipelagic waters
outside of the archipelagic sea lanes.

SEC. 16. Separability Clause. - \f any portion or provision of this Act is declared
unconstitutional or invalid, the other portions or provisions hereof which are not affected
thereby shall continue to be in full force and effect.

SEC. 17. Repealing Clause. —A\l laws inconsistent with or contrary to the provisions of this
Act are deemed amended, modified or repealed accordingly.

SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,