Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4194
HOUSE BILL NO.

Introduced by Representative ANN K. HOFER

EXPLANATORY NOTE

This bill seeks to establish the archipelagic sea lanes of the Philippines consistent with
the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) to which
the Philippines is a signatory.

‘The UNCLOS contains certain provisions related to archipelagic States. Article 46 (a)
of the UNCLOS defines an “archipelagic State” as “a State constituted wholly by one or
more archipelagos and may include other islands.” While Article 46 (b) defines an
“archipelago” as “a group of islands, including parts of islands, interconnecting waters and
other natural features which are so closely interrelated that such islands, waters and other
natural features form an intrinsic geographical, economic and political entity, or which
historically have been regarded as such.” The UNCLOS further provides the specific rights
and duties given to archipelagic States over their land and water territory. Article 53 of the
Convention allows the archipelagic State to “designate sea lanes . . . suitable for the
continuous and expeditious passage of foreign ships... . through .. . its archipelagic waters
and the adjacent territorial sea.”

‘Archipelagic sea lane passage refers to the exercise by foreign vessels or aircraft, in
accordance with the provisions of UNCLOS, of the rights of navigation and overflight in the
hormal mode solely for the purpose of continuous, expeditious and unobstructed transit
between one part of the high sea or an exclusive economic zone (EZ) and another part of the
high sea or an EEZ through or over the Philippine archipelagic waters and its adjacent
territorial sea.

This proposed measure provides for the rights and obligations of foreign ships and
aircraft when exercising the right of archipelagic sea lanes passage and emphasizes that the
exercise of said right must be consistent with the constitutional mandate of freedom from
nuclear weapons in Philippine territory.

In view of the foregoing, approval of this measure is earnestly sought.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by Representative ANN K. HOFER

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 Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTERI
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 party.

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

a) 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

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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 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 EZZ;

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

d) 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;

¢) 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;

f) 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;

) 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.

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

SEC. 4. 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
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,

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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. 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;

d) 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;

¢) 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 experiencing distress; and

g) 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.

SEC. 6. Permit to Conduct Oceanographic or Hydrographic Surveys. — Foreign ships
or aircraft, including research or hydrographic survey ships or aircraft, while exercising the
right of archipelagic sea lanes passage, shall not conduct oceanographic or hydrographic

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surveys, whether with the use of detection equipment or sample gathering equipment, unless
prior permission to do so from the appropriate agency of the Government of the Republic of
the Philippines has been obtained.

SEC. 7. Prohibited Acts. — The following are prohibited acts:

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) hereof, shall stow all fishing equipment
within the hold; and

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. 8. 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

4) Observe prohibited zones as determined by concerned agencies

SEC. 9. Obligations of Foreign Civil Aircrafts. —

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.


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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, Prevention of Marine Pollution and Nuclear 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 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.

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

SEC. 11. 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 in
Philippine waters.

CHAPTER III

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, Designation by the President of Archipelagic Sea Lanes. ~ In pursuit of
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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.

CHAPTER IV
FINAL PROVISIONS

SEC. 13. 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 archipelagic sea lanes.

SEC. 14. National Coast Watch System (NCWS). - The NCWS, created by virtue of
Executive Order No. 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. 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. 16. Repealing Clause. — All laws inconsistent with or contrary to the provisions
of this Act are deemed amended, modified or repealed accordingly.

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

Approved,