NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SEN
ENATE
s. No. 2438
ro{ ;l)r ^ ■ (1..
23 SEP 12 P6 52
RECEIVED S'/:
Introduced by: Senator Raffy T. Tulfo
AN ACT
TO ESTABLISH 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 THROUGH THE ESTABLISHED 
ARCHIPELAGIC SEA LANES AND PROVIDING FOR THE ASSOCIATED 
PROTECTED MEASURES THEREIN
Explanatory Note
The United Nations Convention on the Law of the Sea (UNCLOS) is an 
internationai agreement that stipuiates the legal framework for the seas and oceans 
by defining the rights and responsibiiities of countries. Through this, it fundamentaily 
recognizes that an archipelagic state, such as the Phiiippines, is comprised of a group 
of islands, interconnecting waters, and other naturai features that form an intrinsic 
geographical, economic, and poiitical entity. Based upon this international convention, 
an archipelagic state is allowed to draw straight baselines that join the outermost 
points of its outer isiands and drying reefs.
In 2009, Republic Act No. 9522 was passed in the Phiiippines and effectiveiy 
defined the archipelagic baselines of the Phiiippines. This measure would provide the 
delineation of the country's archipelagic baseiines; however, it faiied to institute the 
archipeiagic sea lanes in the Philippines' archipelagic waters as adopted in Articie 53 
of the UNCLOS.


With this, the proposed bill seeks to establish the Philippines' archipelagic sea 
lanes within the archipeiagic waters of the country. This measure would essentially 
institutionalize the rights and obligations of foreign ships and aircraft exercising the 
right of archipelagic sea lanes passage and provide adequate measures within this
space.
In view of the foregoing, the approvai of this biii is earnest]


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
r't ■’£' * ’
of tlif s.
23 SEP 12 P6 52
SEN
RECEIVED BV:
Introduced by: Senator RaffyT. Tulfo
AN ACT
TO ESTABLISH 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 THROUGH THE ESTABLISHED 
ARCHIPELAGIC SEA LANES AND PROVIDING FOR THE ASSOCIATED 
PROTECTED MEASURES THEREIN
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress Assembled:
ARTICLE I.
GENERAL PROVISIONS
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Section 1. Short Title. - This Act shall be known as the "Philippine Archipelagic
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Sea Lanes Act'.
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Sec. 2. Declaration of Policy. - It is the policy of the State to ensure the
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protection of its maritime domain and therefore shall implement and adhere to the
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provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS)
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and other relevant conventions to which the Philippines is a party.
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Sec. 3. Definition of Terms. - For the purposes of this Act, the following terms
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shall be defined as follows:
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(a) Archipelagic Sea Lane shall refer to the designated sea lanes and air routes
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in the archipelagic waters through which foreign vessels or aircraft may
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exercise the right of archipeiagic sea lanes passage;


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(b) Archipelagic Sea Lane Passage shall refer to the exercise in accordance with
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the UNCLOS, of the rights of navigation and overflight in the normai mode
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soleiy for the purpose of continuous, expeditious and unobstructed transit
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between one part of the high seas or an exclusive economic zone (EEZ) and
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another part of the high seas or an EEZ;
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(c) Archipelagic waters shail refer to the waters on the landward side of the
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archipeiagic baselines except as defined as Internal Waters;
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(d) Associated protective measure shall refer to a measure that a coastal State
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may adopt to regulate international maritime activities for the protection of
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the area at risk;
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(e) Hydrographic survey shali refer to a survey measuring and describing the
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physical features of the navigable portion of the earth's surface (seas) and
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adjoining coastal areas, with speciai reference to their use for navigation;
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(f) Oceanographic survey shali refer to a study or examination of any
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physicai, chemicai, bioiogical, geological or geophysical condition on the
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ocean, or any part of it;
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(g) Right of innocent passage shali refer to the right of foreign vessels to
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navigate through the territorial seas of all States for the purpose of
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continuous and expeditious travei or for proceeding to or from internal
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waters. The passage is innocent when it is not prejudicial to the peace,
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good order or security of the coastal State; and
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(h) Territorial sea shall refer to the belt of sea measured twelve (12) nautical
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miles from the baselines or from the low-water line, as the case may be.
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ARTICLE II
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RIGHTS AND OBLIGATIONS OF FOREIGN SHIPS AND AIRCRAFT WHEN
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EXERCISING THE RIGHT OF ARCHIPELAGIC SEA LANES
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Sec. 4. Right of Archipelagic Sea Lanes Passage of Foreign Ships and Aircraft.
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- Foreign ships and aircraft may exercise the right of archipelagic sea ianes passage
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in accordance with the provisions of UNCLOS in order to navigate or fly from one part
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of the high seas or an EEZ to another part of the high seas or an EEZ through or over


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the Philippine archipelagic waters and its adjacent territorial sea. Such sea lanes shall
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be defined by a series of continuous axis lines from the entry points of passage routes
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to the exit points. The exercise of the right of archipelagic sea lanes shall be through
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a sea lane, or through the air above a sea lane, which has been determined to be an
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archipelagic sea lane that may be used for exercising the right of archipelagic sea
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lanes passage as described in Section 12 hereof.
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Sec. 5. Obligations of Foreign Ships and Aircraft: When Exercising the Right of
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Archipelagic Sea Lanes Passage. -
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(a) Foreign ships and aircraft exercising the right of archipelagic sea lanes
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passage shall pass through or above the archipelagic sea lane as quickly as
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possible without delay and in the normal mode solely for the purpose of
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continuous, expeditious, and unobstructed transit;
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(b) Foreign ships and aircraft that are conducting archipelagic sea lanes
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passage shall not deviate more than twenty-five (25) nautical miles to either
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side of the axis line of the sea lane: Provided, That such ships and aircraft
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shall not navigate closer to the coast more than ten percent (10%) of the
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distance between the nearest points on the islands bordering the sea lane;
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(c) Foreign ships and aircraft, while exercising the right of archipelagic sea
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lanes passage shall refrain from any threat or use of force against the
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sovereignty, territorial integrity, or political independence of the Republic of
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the Philippines, or in any other manner in violation of the principles of
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international law embodied in the Charter of the United Nations;
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(d) Foreign ships and aircraft, including military aircraft and warships, while
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exercising the right of archipelagic sea lanes passage, shall refrain from any
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war game exercises or exercises using any type of weapons, especially
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involving the use of ordinance;
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(e) Except when rendered necessary by the force majeure or by distress, an
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aircraft exercising the right of archipelagic sea lanes passage shall not land
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in Philippine territory;
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(f) All foreign ships exercising the right of archipelagic sea lanes passage shall
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refrain from stopping, dropping anchor, or loitering, except when rendered


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necessary by force majeure or by distress in order to render assistance to
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a person or persons or a ship or ships experiencing distress; and
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(g) Foreign ships or aircraft exercising the right of archipelagic sea lanes
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passage shall refrain from making covert transmissions, interfering with
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telecommunications systems, and communicating directly with an
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unauthorized person or group of persons in Philippine territory.
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Sec. 6. Permit to Conduct Oceanographic or Hydrographic Surveys. - Foreign
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ships or aircraft, including research or hydrographic survey ships or aircraft, while
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exercising the right of archipelagic sea lanes passage, shall not conduct oceanographic
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or hydrographic surveys, whether with the use of detection equipment or sample
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gathering equipment, unless they have obtained prior permission to do so from the
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appropriate agency of the Government of the Republic of the Philippines.
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Sec. 7. Prohibition of Fishing, Loading, Unioading of Persons, Goods, or
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Currency. -
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(a) Foreign ships, including fishing vessels, while exercising the right of
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archipelagic sea lanes passage, shall not conduct any fishing operation or
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exploitation of marine resources of the marine resources of the Philippines;
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and
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(b) Foreign fishing vessels, while exercising the right of archipelagic sea lanes
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passage, besides fulfilling their obligations under paragraph (a), shall stow
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all fishing equipment within hold.
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Foreign ships and aircraft, while exercising the right of archipelagic sea lanes
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passage, shall not load a ship or unload from a ship, persons, goods or currency in a
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manner that contravenes the laws and regulations concerning customs, immigration,
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fiscal matters and health, except when rendered necessary by force majeure or by
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distress.
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Sec. 8. Compiiance with Navigationai Reguiations, Procedures, and Traffic
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Scheme. -
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(a) Foreign ships, while exercising the right of archipelagic sea lanes passage,
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shall comply with the generally accepted international regulations.


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procedures and practices concerning safety of navigation, including 
regulations relating to the prevention of the 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;
(c) 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; and
(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. Obligations of Foreign Civil Aircraft. -
(a) Foreign civil aircraft exercising the rights or archipelagic sea lanes 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 aircraft 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. Prevention of Marine Poiiution and Nuciear Weapons. -
(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 internationai 
regulations and standards for the prevention reduction and control of 
marine pollution that originate from ships;


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(b) Foreign ships while exercising the right of archipelagic sea lanes passage
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shall not dump waste in Philippine waters; and
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(c) Consistent with the national interest, the exercise of the right of archipelagic
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sea lanes passage by all foreign ships must be consistent with the
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constitutional mandate of freedom from nuclear weapons in Philippine
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territory.
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Sec. 11. Liability for Damage. -
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(a) The person or legal body responsible for the operation or cargo of foreign
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commercial ships or aircraft or foreign government ships or aircraft
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operated for commercial purposes shall be liable for any loss or damage
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suffered by the Philippines or any third party as a result of noncompliance
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with any of the provisions of this Act while exercising the right of
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archipelagic sea lanes passage.
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(b)The flag State shall bear international responsibility for any loss or damage
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suffered by the Philippines or any third party as a result of noncompliance
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with any of the provisions of this Act by a foreign warship or aircraft or
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other government ship operated for noncommercial purposes while
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exercising the right of archipelagic sea lanes passage in the Philippine
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waters.
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ARTICLE III
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THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES TO DESIGNATE
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THE ARCHIPELAGIC SEA LANES FOR THE RIGHT OF ARCHIPELAGIC SEA
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LANES PASSAGE AND TO INSTITUTE THE ASSOCIATED MEASURES
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THERETO
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Sec. 12. Designation by the President of Archipelagic Sea Lanes. - In pursuit
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of the Philippine National Policy, the President shall promulgate, through an Executive
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Issuance, the archipelagic sea lanes which may be used for the right of archipelagic
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sea lanes passage and the rules and regulations relating to Associated Protective
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Measures to be prescribed within areas along the archipelagic sea lanes in accordance
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with the International Maritime Organization (IMO) Conventions and Regulations and
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other relevant international agreements.


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ARTICLE IV
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FINAL PROVISIONS
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Sec. 13. Right of Innocent Passage. - The provisions of this Act shall not
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diminish the rights of foreign ships to exercise the right of innocent passage in
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archipelagic sea lanes.
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Sec. 14. National West Coast Watch System (NCWS). - The NC W S, created
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by the virtue of Executive Order 57, series of 2011, under the control and supervision
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of the Office of the President, shall serve as the authority to institute coordinating
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mechanisms for the implementation of this Act and shall continue to operate in
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accordance with its present organizational structure.
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In addition to its powers, functions, and duties, the National Coast Watch
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Council (NCWC) shall provide technical and advisory support to the President in
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designating the archipelagic sea lanes. Further, the National West Coast Watch Center
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(NCW Center) shall establish, monitor, and implement Associated Protective Measures
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for the designated archipelagic sea lanes.
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Sec. 15. Separability Clause. - If any portion or provision of this Act is declared
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unconstitutional or invalid, the other portions or provisions hereof which are not
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affected thereby shall continue to be in full force and effect.
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Sec. 16. Repealing Clause. - All laws inconsistent with or contrary to the
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provisions of this Act are deemed amended, modified or repealed accordingly.
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Sec. 17. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette in two (2) newspapers of general circulation.
Approved,