18 AUG 2014

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Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

SIXTEENTH CONGRESS
Second Regular Session

4888

HOUSE BILL NO.

Introduced by Representatives Al Francis C. Bichara, Francisco Ashley L. Acedillo,
Rodolfo G. Biazon and Jose F. Zubiri III

EXPLANATORY NOTE

Republic Act No. 9522 established and defined the archipelagic baselines of
the Philippines, which are the territorial boundaries of the country. All waters inside
the archipelagic baselines are considered archipelagic waters, which are subject to
sea lane passages.

Under Article 53 of the 1982 United Nations Convention on the Law of the
Sea (UNCLOS), an archipelagic State may designate sea lanes and air routes
thereabove, suitable for the continuous and expeditious passage of foreign ships and
aircraft through or over its archipelagic waters and the adjacent territorial sea

The bill seeks to establish 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 sea lanes and
providing for the associated measures therein.

Archipelagic sea lanes passage means the exercise in accordance with
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. The bill likewise sets out the rights and obligations of foreign ships and
aircraft when exercising the right of archipelagic sea lanes passage over Philippine
waters.

In view of the foregoing, immediate passage of this bill is earnegtly sought.

FRANCISCO ASHLEY L. ACEDILLO



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SE F. Zl RUA RODOLFO G. BIAZON


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
‘Second Regular Session

4888

HOUSE BILL NO..

Introduced by Representatives Al Francis C. Bichara, Francisco Ashley L. Acedillo,
Rodolfo G. Biazon and Jose F, Zubiri III

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
PROTECTIVE MEASURES THEREIN

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

1 SECTION 1. Short Title. - This Act shall be known as the “Philippine

Archipelagic Sea Lanes Act’.

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

SEC. 2. Foreign ships and aircraft may exercise the right of archipelagic sea
lanes passage in accordance with the provisions of the United Nations Convention
on the Law of the Sea (UNCLOS) in order to navigate or fly from one part of the high
10 seas or an exclusive economic zone (EEZ) to another part of the high seas or an

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11 EEZ through or over the Philippine archipelagic waters and its adjacent territorial
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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.

SEC. 3. The exercise of the right of archipelagic sea lanes passage as
described in Section 2 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 11
hereof.

SEC. 4. (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 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, 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.

(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.


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(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. 5. Foreign ships or aircraft, including research or hydrographic survey
ships of aircraft, while exercising the right of archipelagic sea lanes passage, shall
not conduct oceanographic research 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.

SEC. 6. (a) Foreign ships, including fishing vessels, while exercising the right
of archipelagic sea lanes passage, shall not conduct 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 their
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 concerning customs,
immigration, fiscal matters and health, except when rendered necessary by force

majeure or by distress.

SEC. 7. (a) Foreign ships, while exercising the right of archipelagic sea lanes
passage, 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 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.

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

agencies.

SEC. 8. (a) Foreign civil aircraft 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) at all times monitor the radio frequency assigned by the competent
internationally designated air traffic control authority or the
appropriate international distress radio frequency.

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

(2) fulfil their obligations as detailed in Section 8(a)(2) hereof.


SEC. 9. (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.

SEC. 10. (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 non-commercial purposes while exercising the right of archipelagic sea
lanes passage in Philippine waters.

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

SEC. 11. 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 in accordance with the International Maritime Organization (IMO)
Conventions and Regulations within areas along the archipelagic sea lanes


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OTHER PROVISIONS

SEC. 12. The provisions of this Act do not reduce the rights of foreign ships to
exercise the right of innocent passage in archipelagic sea lanes.

SEC. 13. Separability Clause. — 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. 14. Repealing Clause. — All laws inconsistent with or contrary to the
provisions of this Act are deemed amended, modified or repealed accordingly.

SEC. 15. Effectivity. — This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in any two (2) newspapers of general circulation.

Approved,