EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

“introduced by Representative Rufus B. Rodriguez _
4877

House Bill No. S°°°

EXPLANATORY NOTE

Article 68 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
| to the Snerrorial saa to use such sea lanes and traffic separation

ate or prescribe for the requialion OF lie paAssaye oor

The UNCLOS also provides for other rights that a country has in its ses lanes. As
such, itis very important that the Philippines establishes its se2 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 earnestly requested

Mf

RUFUS'B. RODRIBUEZ


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B.

House Bill No. 4877

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 PASSAGE

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

Songiess as

SECTION 1. This Act shall be known as the “Philippine Archipelagic Sea Lanes ct"

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 intemational ‘conventions to which the Philippines is @ 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 sco ‘lanes and air routes in the
Srchipelagic 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 of
ine vous, expeditious and unobstructed transit between one part of the high seas or an

corusive 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 as defined as Intemal Waters;

(@) Associated protective measure refers to measite 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 measurng 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 of examination of any physical, chemical,
biological, geological or geophysical condition in the ocean, oF any part of it;

(@) Right of innocent passage refers to the right of forsian 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
fhe 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 FEZ 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

The exercise of the right of archipelagic sea lanes passage shalt 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.

SEC 5. (a) Foreign ships and aircraft exercising the right of archipelagic 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 Fine of the sea
Jane: Provided, That such ships and aircraft shall rot navigate closer to the coast more than
ten percent (10%) of the distance between the newest points on islands bordering the sea

lane.

(0) Foreign ships and aircraft, while exercising the right of archipelagic sea lanes passage,
shall refrain from any threat or use of force against the sovereianty, territorial intearity, or
political independence of the Republic of the Philippines, oF in any oiler maine: ii «iadion
of the principles of international law embodied in the Charter of the United Nations.

(d) 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.

(f) 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 archipelagic 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 aircraft,
while exercising the right of archipelagic sea lanes passage, shall not conduct

LLEMNUYFEPIE OF HyUIOYrapiG oUIVEys, WHELIEL Wil



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.

not conduct any fishing operation or exploitation of marine

sea lanes nassace, st

f the Philippines

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

(c) 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 conceming 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
conceming safety of navigation, including regulations relating to the prevention of collisions
at sea.

(0) 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 2 Janes passage. shall not

(a) 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 Intemational Civil Aviation
Organization (ICAO); and

(2) Monitor the radio frequency assigned by the competent _intemationally
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
(1) Respect the regulations conceming 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 shaii not
expel oll, olly wastes oF other Noxious subsialices Wile the Maine ervtvnincni O° See
other activities in contravention of international regulations and standards for the prevention,
reduction and control of marine pollution that originates from ships.

(©) 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 lanes
passage by alll 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 aircraft or other goverment 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 Order
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 fifteen (15) days after its publication in the Official Gazette
or in a newspaper of general circulation.

Approved,