WiUUST YF REPRESENTATIVES

Republic of the Philippines -
HOUSE OF REPRESENTATIVES ECENVED
Quezon City pave @? JUL 2016

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SEVENTEENTH CONGRE! oY?

REGISTRATION UNIT
BILLS AND INDEX SERVICE

First Regular Session

1254

House Bill No.

Introduced by HON. ROZZANO RUFINO B. BIAZON

EXPLANATORY NOTE

This bill seeks to establish archipelagic sea lanes in Philippine archipelagic waters. Its
enactment would prescribe the rights and obligations of foreign ships and aircraft exercising
the right of archipelagic sea lanes passage through the established sea lanes and provide for
the associated measures therein.

Archipelagic sea lanes passage means the exercise, in accordance with the United
Nations Convention on the Law of the Sea (UNCLOS), of the rights of navigation and
overflight of foreign ships solely for the purpose of continuous, expeditious and unobstructed
transit in the normal mode of operation.

Under Article 53 of the UNCLOS, an archipelagic State may designate sea lanes and
air routes suitable for the continuous passage of foreign ships and aircraft through or over its
archipelagic waters and the adjacent territorial sea.

‘The Philippines has already established and defined its archipelagic baselines through
the enactment of Republic Act No. 9522. Said law established the territorial boundaries of the
country. What needs to be done now is to establish our archipelagic sea lanes in order that the
country may fully benefit from the provisions of the UNCLOS.

In view of the foregoing, early passage of this bill is earnestly sought.

im, RUFINO B. BIAZON

Representative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 1254

Introduced by HON. ROZZANO RUFINO B, BIAZON

AN ACT
PROVIDING FOR THE ESTABLISHMENT OF 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 PASSAGI.

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

CTION 1. ‘This Act shall be known as the “Philippine Archipelagic Sea Lanes
Act”.

SEC, 2. 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
party.

DEFINITION OF TERMS

SEC. 3. As used in this Act, the following terms are defined in accordance with the
UNCLOS:

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

(b) Archipelagic sea lane passage refers to the exercise in accordance with the
UNCLOS of the rights of navigation and overflight in the normal mode solely for the purpose

1


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 EE:

(© Archipelagic waters refer to the waters on the landward side of the archipelagic
baselines except as defined as Internal Waters;

(@) Associated protective measure refers to 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 a survey measuring and describing the physical
features of the navigable portion of the earth's surface (seas) and adjoining coastal areas, with
special reference to their use for navigation;

(© 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;

(g) Right of innocent passage refers to the right of foreign vessels to navigate through
the territorial seas of all States for the purpose of continuous and expeditious travel or for
proceeding to or from internal waters. The passage is innocent when it is not prejudicial to
the peace, good order or security of the coastal State; and

(h) Territorial sea refers to the belt of sea measured twelve (12) nautical miles from
the baselines or from the low-water line, as the case may be.

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

SEC. 4. Foreign ships and aircraft may exercise the right of archipelagic sea lanes
passage in accordance with the provisions of 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 above a sea lane, which has been determined to be an archipelagic sea lane
that may be used for exercising the right of archipelagic sea lanes passage as described in
Section 12 hereof.

sea lanes
passage 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 that are conducting archipelagic sea lanes passage 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 sca
lane.


(©) Foreign ships and aircraft, while exercising the right of archipelagic sea lanes
passage, 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,

(@) Foreign ships and aircraft, including military aircraft and warships, while
exercising the right of archipelagic sea lanes passage, shall refrain from any war game
exercises or exercises using any type of weapons, especially involving the use of ordnance,

(e) Except when rendered necessary by force majeure or by distress, aircraft
exercising the right of archipelagic sea lanes passage shall not land in Philippine territory.

(0 All foreign ships exercising the right of archipelagic sea lanes passage shall
refrain from stopping, dropping anchor or loitering, except when rendered necessary by force
majeure or by distress in order to render assistance to a person or persons or a ship or ships
experiencing distress,

(g) Foreign ships or aircraft exercising the right of archipelagie sea lanes passage shall
refrain from making covert transmissions, interfering with telecommunications systems, and
communicating directly with an unauthorized person or group of persons in Philippine
territory.

SEC. 6. Foreign ships or aircraft, including research or hydrographic survey ships of
aireraft, while exercising the right of archipelagic sea lanes passage, shall not conduct
oceanographic or hydrographic surveys, 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.

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

(b) Foreign fishing vessels, while exercising the right of archipelagic sea lanes
passage, besides fulfilling their obligations under paragraph (a), 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 curreney in @ manner
that contravenes the laws and regulations concerning customs, immigration, fiscal matters
and health, except when rendered necessary by force majeure or by distress.

SEC. 8. (a) Foreign ships, while exercising the right of archipelagic sea lanes passage,
shall 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) Foreign ships, while exercising the right of archipelagic sea lanes passage in a sea
lane where a traffic separation scheme has been established for the regulation of navigation,
shall comply with the provisions of the traffic separation scheme.


(©) Foreign ships, while exercising the right of archipelagic sea lanes passage, shall
not cause disturbance or damage to navigational facilities or submarine cables or pipes.

(d) Foreign ships, while exercising the right of archipelagic sea lanes passage, shall
not sail too close to prohibited zones as determined by concerned agencies.

SEC. 9, (a) Foreign civil aircrafts exercising the right of archipelagic sea lanes
passage shall:

(1) observe the Rules of the Air established by the International Civil Aviation
Organization (ICAO); and

(2) monitor the radio frequency assigned by the competent internationally
designated air traffic control authority or the appropriate international
distress radio frequency at all times.

(b) Foreign national aircrafts exercising the right of archipelagic sea lanes passage
shall:
(1) respect the regulations concerning flight safety as detailed in Section 9(a)
hereof and at all times operate with due regard for the safety of navigation;
and

(2) fulfill their obligations as detailed in Section 9(a)(2) hereof,

SEC. 10. (a) Foreign ships exercising the right of archipelagic sea lanes passage shall
not expel oil, oily wastes or other noxious substances 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

(c) Consistent with the national interest, the exercise of the right of archipelagic sea
Janes passage by all foreign ships must be consistent with the constitutional mandate of
freedom from nuclear weapons in Philippine territory.

SEC. 11, (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 airoraft or other government ship operated for
non-commercial purposes while exercising the right of archipelagic sea lanes passage in
Philippine waters.


EMPOWERING THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES TO
DESIGNATE THE ARCHIPELAGIC SEA LANES WHICH MAY BE USED FOR
THE RIGHT OF ARCHIPELAGIC SEA LANES PASSAGE AND THE
ASSOCIATED PROTECTIVE MEASURES

SEC. 12, In pursuit of Philippine National Policy, the President shall promulgate
through Executive Issuance the archipelagic sea lanes which may be used for the right of
archipelagic sea lanes passage and the rules and regulations relating to Associated Protective
Measures to be prescribed, within areas along the archipelagic sea lanes in accordance with
the International Maritime Organization (IMO) Conventions and Regulations and other
relevant international agreements,

FINAL PROVISIONS

SEC. 13. The provisions of this Act shall not diminish the rights of foreign ships to
exercise the right of innocent passage in archipelagic sea lanes,

SEC. 14. The National Coast Watch System (NCWS), created by virtue of Executive
Onder 57, series of 2011, under the control and supervision of the Office of the President,
shall serve as the coordinating mechanism for the implementation of this Act and shall
continue to operate in accordance with its present organizational structure.

In addition to its powers, functions, and duties, the National Coast Watch Council
(NCWC) shall provide technical and advisory support to the President in designating the
archipelagic sea lanes. Further, the National Coast Watch Center (NCW Center) shall
establish, monitor, and implement Associated Protective Measures for the designated
archipelagic sea lanes.

SEC. 15, If 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. 16. All laws inconsistent with or contrary to the provisions of this Act are
deemed amended, modified or repealed accordingly.

SEC. 17. This Act shall take effect fiftcen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation,

Approved,