LAW OF THE SEA COUNTRY STUDY BURMA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-01054A000100010001-9
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 22
• Document Creation Date: December 9, 2016
• Document Release Date: March 8, 2001
• Sequence Number: 1
• Publication Date: March 1, 1974
• Content Type: STUDY

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Secret
No Foreign Dissem
Law of the Sea Country Study
Burma
Secret
BGI LOS 74-1
March 1974
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NATIONAL SECURITY INFORMATION
Unauthorized Disclosure Subject to Criminal Sanctions
Classified by 019641
Exempt from general declassification schedule
of E.O. 11652, exemption category:
? 5B(1), (2), and (3)
Automatically declassified on:
Date Impossible to Determine
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FOREWORD
The Law of the Sea Country Studies are prepared to support
the NSC Interagency Task Force on the Law of the Sea. The countries
to be included in the series are selected on the basis of priorities
suggested by the Chairman of the Task Force.
Each study includes, as Part I an analyses of the primary
geographic, economic, and political factors that might influence
Part 11 provides basic data bearing on
This study was prepared by the Office of Basic and Geographic
Intelligence.
ine study was coor ina e
131 rect ora intelligence and with the Department of State.
Comments and questions may be directed to the LOS Country Studies
Working Group, Code 143, Extension 2257.
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CONTENTS
Part I - Law of the Sea Policies
Summary . . . . . . . . . .
. . . . . . . .
1
Factors Influencing Policy. . . . .
. .
. . . . .
Law of the Sea Policy
.. . . .
2
.
.
Key Policy Makers and LOS Negotiators . . . . . . . . . . . . .
6
8
Part II - Basic Information
Basic Data.
. . . .
P
. . .
11
resent Ocean Claims . . . . . . . . . .
. . .
C
. .
13
onventions .
. . . . . . . .
A
ti
. . . .
13
c
on on Significant UN Resolutions ..............
M
14
embership in Organizations related to LOS Interests. . . . . .
16
Maps included:
/ Middle East - South Asia Regional Map
Theoretical Division of the World Seabed
iii
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NO FOREIGN DISSEM
Burma's principal LOS concerns involve potential extensive
offshore petroleum resources and, to a lesser extent, coastal
fisheries. She favors a 12-n. mile territorial sea, as well as
a 12-n. mile exclusive fishing zone, but on other LOS issues
Burma appears to be reserving her position. There is a paucity
of official statements on the LOS issues. Burma has not been
active in international forums concerned with LOS issues.
Burma was not a member of the UN Seabed Committee although
she was an observer at the six preparatory sessions of the
Committee for the Third Law of the Sea Conference and the
organizational session of the Conference. Burma is probably
restrained by a possible conflict between a desire to protect
her interests on the continental margin and, at the same time,
to maintain her position with other developing countries.
It is likely, however, that Burma will support a coastal
economic zone, probably with national jurisdiction extending
seaward to 200 n. miles, and oppose use of the seabed for
military purposes.
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B. FACTORS INFLUENCING LOS POLICY
Special Geographic Features
Burma has one of the larger continental shelf areas in
the world. The physical shelf extends 20 to 360 n. miles off
the mainland to depths of 180 to 360 meters. The average
width of the shelf is about 50 n. miles, and the depth at
the shelf edge is 200 meters almost everywhere. Within the
200-meter isobath the shelf area is about 66,900 square
n. miles -- more than one-half the area of its continental
margin (111,300 square n. miles). In the Andaman Sea, Burma
shares the shelf with India (Andaman and Nicobar Islands),
the theoretical median-line boundary between the two States
everywhere lying less than 200 n. miles off Burma. Only in
the Bay of Bengal does the median line boundary lie more
than 200 n. miles offshore; here the boundary is with India
and Bangladesh and extends out to a depth of 2,500 meters.
Mineral Resources -- Chances of finding commercial
quantities of offshore petroleum are good. In 1971 the
Myanma Oil Corporation, the government's oil monopoly,
awarded a contract to a US drilling company (Reading and
Bates of Tulsa, Oklahoma) to drill exploratory wells in
the Gulf of Martaban, the most promising area. The first
two wells drilled in 1972 were dry, but the third well
struck high-pressure natural gas in September 1972. In
the summer of 1973 more than 50 private foreign firms
were invited to submit proposals for the exploitation of
petroleum on a production-sharing arrangement. Nineteen
(14 American) of the original 50 firms began a second
round of negotiations in November 1973 and reportedly
about seven firms will begin drilling in early 1974.
Living Resources -- Next to rice, fish is the most
popular food in Burma, and much of the catch is used in
fish products, including a fish paste called ngapi, a
dietary staple. Poor transportation and preservation
facilities limit the sale of fresh fish. Canning is not
practiced in the fish processing industry, which is
limited largely to such primary curing methods as drying
or salting or a combination of the two.
The 1969/70 fish catch was estimated at 432,000 metric
tons, an increase of about 25% compared with the 1961/62
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output. Offshore fishing in 1969/70 accounted for about 60%
of the total catch compared with 40% in 1966/67, largely
because the coastal and deep sea fleet was expanded from 46
to 75 vessels in the interim. In its continuing effort to
increase fish production the government has conducted training
courses in deep sea fishing and has expanded the fishing fleet
to more than 100 vessels, including five deep sea fishing
trawlers that operate principally in the Mergui Archipelago
area. Coastal species such as Indian shad, marine catfish,
threadfin, Indian salmon, mullet, sea bass, and shrimp
constitute the bulk of the catch. Apparently the fishing
fleet confines its operations to the waters off Burma.
Thai fishermen poaching within the 12-n. mile limit of Burma's
territorial waters in the Mergui Archipelago area have caused
friction between the two governments. In 1970 an estimated 90
Thai fishing craft were captured by the Burma Navy; one patrol
boat commander claimed to have captured four fishing craft,
sunk a fifth, and seized seven smuggling boats within 4 months.
Aside from warning their fishermen the Thais apparently have
done little to stop the poaching; as recently as January of
this year, Burmese naval craft sank a Thai fishing trawler and
detained two others in the Mergui Archipelago area.
Marine Transportation -- Merchant shipping is vital to the
economy of Burma. International trade is conducted almost
exclusively by sea, and about 85% of this trade passes through
Rangoon.
The government-owned merchant fleet (nine ships of 1,100
gross register tons) carries about 30% of the trade volume.
Together with Burmese-chartered foreign ships (nine charters
in 1968-69) and foreign-operated ships, the fleet maintains
regular cargo service between Burma and Europe, West Africa,
the United States, the Persian Gulf, Pakistan, India, Sri
Lanka, Malaysia, Singapore, Hong Kong, and the People's
Republic of China. Rice, teak, mineral ores (lead, zinc, and
silver), and rubber are the principal exports. Much of Burma's
export trade is directed to the rice consuming countries of
Asia. In 1969 these countries accounted for about 45% of
Burma's total exports, India being the leading recipient.
Western Europe, led by the United Kingdom, accounted for 25%.
Principal imports carried by the fleet include textiles, coal
and coke, machinery and transport equipment, and petroleum
products. Japan is Burma's principal supplier, followed by the
United Kingdom and the Federal Republic of Germany.
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In addition to the oceangoing fleet, about 19 ships of 100
to 999 gross register tons are registered in Burma and operate
in the important coastal and near-seas trade.
Naval Considerations -- Burma's navy is a riverine and
coastal patrol force of 68 operational small ships and craft,
two-thirds of which are patrol craft. Essentially an internal
security force, its principal mission is to counter smuggling,
poaching, and insurgency. The major focal point of its coastal
operations has been in Burmese territorial waters off the east
coast of the Andaman Sea, where the prime objective has been to
drive poaching Thai fishermen from the Mergui Archipelago.
Since her independence in 1948, Burma's foreign policy has
stressed neutrality, nonalignment, and noninvolvement. Regional
affiliations have been carefully avoided, and the country's
stands on controversial international issues have been cautious.
Recently, however, there have been signs of change in her
stance of restrained diplomacy abroad and restricted foreign
influence at home. Immediately following the Vietnam cease-fire,
Burma startled other Southeast Asian countries in calling for
them to "seek together ways and means for securing peace in the
region," encouraging these and other countries to believe Burma
was more inclined to participate in regional activities than
before. Lacking the ability to exploit her potential extensive
offshore petroleum deposits, Burma decided in mid-1973 to
permit exploitation by foreign firms on a production-sharing
arrangement. The prospects of discovering commercial quantities
are encouraging, and the government is relying on offshore oil
as a new source of urgently needed foreign exchange.
Burma belongs to several international organizations but
generally has not taken an active role. She supports the
18-nation Disarmament Committee's Geneva resolution on general
and complete disarmament, ratified the August 1963 treaty
banning nuclear tests in the atmosphere and under water, and
ratified the February 1971 treaty prohibiting storage on the
ocean floor of nuclear weapons and weapons of mass destruction.
As one of the Group of 77, Burma is concerned with keeping
in step with the leaders among the other developing countries.
As a member of the UN she generally has voted with the non-
aligned States on controversial East-West issues.
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By and large, relations with the United States are friendly
but have reflected Burma's hypersensitivity over the extent of
foreign influence. Relations with the United Kingdom are
generally satisfactory. Burma enjoys a special economic
relationship with Japan; her economy has depended heavily
on Japanese reparations and preferential economic and financial
concessions, including a $10 million loan plus a $2 million
grant for oil exploration.
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C. LAW OF THE SEA POLICY
Territorial Seas
Burma adopted a 12-n. mile territorial sea limit in 1968 _
and, although concerned with offending the Latin Americans, at
the same time she expressed the view that this should be the
maximum limit. She has not recently addressed the topic,
particularly as to conditioning the 12-n. mile limit with
passage through straits or acceptance of a coastal economic
zone. Burma claims a 12-n. mile territorial sea measured from
straight baselines that enclose the Mergui Archipelago and the
islands off the Bay of Bengal coast of Burma and lie seaward of
the mouth of the Gulf of Martaban; at one point on the Gulf's
closing line the nearest land is 75 n. miles away.
Although Burma has not taken an official position on the
straits issue, a Ministry of Foreign Affairs official in mid-1970
observed -- in reference to a US draft on innocent passage --
that Burma agreed with the generally held concepts of inter-
national law on straits and innocent passage. Burma's imports
from the east, however, flow mainly through the Strait of
Malacca, and she may thus see to her advantage a straits regime
that affords some form of non-prejudicial passage.
Coastal State Jurisdiction Beyond the Territorial Sea
Burma claims a 12-n. mile exclusive fishing zone and has
shown no interest in extending the zone farther seaward.
Accordingly, she probably will favor such an exclusive fisheries
limit. However, with the new prospect of finding commercial
quantities of oil on her continental shelf, Burma is concerned
with protecting her interests on the extensive continental
margin beyond the territorial sea and is likely to favor coastal
state jurisdiction over a broad economic resource zone. Limiting
national jurisdiction to a depth of 200 meters would severely
reduce Burma's share of the margin, but on the other hand, extending
national jurisdiction to the edge of the margin would result in
little gain to Burma. In the Andaman Sea, the most promising
area of petroleum assets beyond the territorial sea, Burma's
jurisdiction abuts with India and falls far short of the margin
edge. Therefore, a 200-n. mile economic resource zone, which
would include all of the Burmese shelf and then some, is likely
to be favored.
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Deep Seabed
Burma has thus far remained silent on the status of the
deep seabed. She abstained from voting on the 1969 UN
resolution which called for all states and entities to
refrain from exploiting the resources of the deep seabed
pending establishment of an international authority.
Standards and Enforcement -- Although no position has
been taken on the pollution issue, Burma has given indications
of possible support of the right of the coastal state to
prescribe and enforce vessel-source pollution control measures.
During the "Manhattan" case, Burmese officials were especially
interested in the Canadian claims in the Arctic and the exchange
of notes between the United States and Canada over jurisdiction
in the arctic waters north of Canada. Burma has suggested that
extension of pollution jurisdiction may be necessary beyond 12
n. miles, and has charged that the Intergovernmental Maritime
Consultative Organization is "too dominated" by the maritime
powers, apparently in reference to international pollution
control measures and the proposed use of IMCO to set vessel-
source pollution standards.
Pollution Zone -- It is highly unlikely that Burma would
support coastal state control of a pollution zone more than
40 to 50 n. miles wide. In the event that her neighbors opt
for such a zone, Burma would find herself in a largely
"zone-locked" situation. Conceivably, Burmese maritime
traffic through the Indian, Thai, and Indonesian zones
could be denied, thereby depriving Burma of transit of the
Strait of Malacca and restricting oceangoing traffic to and
from Rangoon and to other ports on the Gulf of Martaban and
the Andaman Sea to the channels north of the Andaman Islands.
Burma voted in favor of the UN Resolution on the Indian
Ocean as a Zone of Peace and can be expected to strongly
oppose any provision sanctioning the use of the seabed of the
coastal zone for military purposes and may well oppose such
use of the deep seabed.
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25X1 B
D. KEY POLICY MAKERS AND LOS NEGOTIATORS
The ultimate authority in the Burmese Government is held by
U. Ne Win, who is President of the recently proclaimed socialist
republic and chairman of the sole political party, the Burma
Socialist Program Party.
Chief Justice Dr. Maung Maung as of August 1970 chaired an
interagency committee concerned with preliminary work on the
development of Burma's LOS position. No information is available
on Dr. Maung Maung's LOS activities since August 1970.
Daw Than Han is the most knowledgeable official on LOS matters
in the Ministry of Foreign Affairs. She is the Chief of the
Europe and America Division of the Ministry. Reportedly, she
attended the UN General Assembly session in late 1970, but there
is no indication of her attendance at any of the six UN Seabed
Committee preparatory sessions or the organizational session of
the Third UN Conference on LOS.
Burmese official delegates who attended (as observers) one or
more of the preparatory sessions for the Third UN Conference on
LOS or the organizational session of the Conference are as follows:
U KYAW MIN, First Secretary, Charge
d'Affaires a.i., Embassy of Burma,
Berne, Switzerland
H.E. U LWIN, Ambassador Extra-
ordinary and Plenipotentiary,
Permanent Representative to
the UN
*U KYAW MYINT, First Secretary,
Deputy Permanent Representa-
tive to the UN
U NYUNT MAUNG SHEIN, Second
Secretary, Burmese Embassy
UTUN NAING, Second Secretary,
Permanent Mission to the UN
H.E. U WIN PE, Ambassador to
Switzerland
Seabed Committee Session
Org.
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Conf.
Dec
73
X
X
X
X
X
X
X
X
X
X
X
X
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BASIC DATA
GEOGRAPHIC DATA:
World region: Southeast Asia and Pacific
Bordering states: Bangladesh, India, People's
Republic of China, Laos, Thailand
Characteristic: coastal
Bordering bodies of water; Gulf of Martaban,
Andaman Sea, Bay of Bengal
Bordering semi-enclosed sea: Andaman Sea
Area of continental shelf: 66,900 sq. n. mi.,
shared with India
Area to 200 n. mi. limit: 148,600 sq. n. mi.,
shared with India
Area to edge of continental margin: 111,300
sq. n. mi.
Coastline: 1,900 mi.
Land: 262,000 sq. mi.
Population: 29,809,000
INDUSTRY AND TRADE:
GDP: $2 billion (FY72), $70 per capita
Major industries: agricultural processing, textiles and foot-
wear; wood and wood products; petroleum refining
Exports: $116 million (f.o.b., 1972); rice, teak
Imports: $133 million (c.i.f., 1972); machinery and trans-
portation equipment, textiles, other manufactured goods
Major trade partners: exports -- India, Western Europe, U.K.,
Japan; imports -- Japan, U.K., Western Europe, India
Merchant marine: 9 cargo ships (1,000 GRT or over) totaling
55,500 GRT
MARINE FISHERIES:
Catch: 443,000 metric tons (more than 60% marine); valued at
$80 million (both marine and freshwater) in 1971
Economic importance: minor national, major local
Nature: coastal
Species: Indian shad, marine catfish, threadfin, Indian Salmon,
mullet, sea bass, shrimp
Marine fisheries techniques: primarily artisanal, limited
modern
Distant-water fishing countries fishing off coast: Thailand
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PETROLEUM RESOURCES:
Crude Oil: proved recoverable reserves - (onshore) 6 million
42-gal bbl, 1 million metric tons; production - (onshore)
6.7 million 42-gal bbl, 0.9 million metric tons (1971)
Natural gas: proved recoverable reserves - (onshore) 100
billion cubic feet, 3 billion cubic meters;
production - (onshore) 4.2 billion cubic feet, 0.1
billion cubic meters (1971)
NAVY:
Ships: no principal combatants, 14 coastal patrol, 31
river/roadstead patrol craft, 1 mine warfare, 4
amphibious craft, 4 auxiliary, 14 service craft (S)
GOVERNMENT LEADERS:
U Ne WIN, President; U Kyaw SOE, Foreign Minister
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PRESENT OCEAN CLAIMS:
TYPE DATE TERMS
TERRITORIAL
SEA
3 n. m. Followed British Claim. Burma
part of India until 1937.
Burmese Note A-287/D
July 5, 1951
1968 12 n. m. Decree of Nov. 15, 1969
See Limits in the Seas No. 14
issued by The Geographer,
Bureau of Intelligence and
Research, Department of State.
CONTINENTAL
SHELF 1957 -- Act No. 55, 1957
Petroleum Resources (Development
and Regulation) Act 1957, Sec.
2 (C)
1962 -- Convention definition
Concession Rules 1962 (status
uncertain)
FISHING 1968 12 n. m.
STRAIGHT
BASELINES 1968 Extensive Decree of Nov. 15, 1968
straight See Limits in the Seas No. 14
baselines issued by The Geographer*,
Bureau of Intelligence and
Research, Department of State.
Multilateral:
Agreement for Establishment of the Indo-Pacific Fisheries Council,
1948
(IMCO) International Convention for the Safety at Sea, 1960
Nuclear Test Ban Treaty, 1963
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ACTION ON SIGNIFICANT UN RESOLUTIONS:
Moratorium Resolution
(A/RES/2574 D, XXIV, 12/15/69) - Abstain
Pending establishment of inter-
national regime, States and
persons are bound to refrain
from exploiting resources of
or laying claim to any part
of the seabed and ocean floor
beyond the limits of national
jurisdiction.
LOS Conference
(A/RES/2750 C, XXV, 12/17/70)
Convene in 1973 a Conference on
Law of the Sea to deal with
establishment of international
regime for the seabed and ocean
floor, and enlarge Seabed
Committee by 44 members and
instruct it to prepare for the
conference draft treaty
articles embodying international
regime.
LOS Conference, Timing and Site
(A/RES/3029 A, XXVII, 12/18/72) - (Adopted without vote)
Indian Ocean as a Zone of Peace
(A/RES/2992, XXVII, 12/15/72) - In favor
Called upon littoral and
hinterland States of Indian
Ocean area, permanent members
of the Security Council and other
major maritime users of Indian
Ocean to support concept that
Indian Ocean should be zone
of peace.
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ACTION ON SIGNIFICANT UN RESOLUTIONS (cont'd):
Landlocked/Shelf-Locked Study
Resolution
(A/RES/3029 B, XXVII, 12/18/72)
Called for study of extent and
economic significance, in terms
of resources, of international
area resulting from each
proposal of limits of national
jurisdiction presented to
Committee on Peaceful Uses
of the Seabed.
Peruvian Coastal State Study
Resolution
(A/RES/3029 C, XXVII, 12/18/72)
Called for study of potential
economic significance for
riparian States, in terms of
resources, of each of the
proposals on limits of national
jurisdiction presented to Seabed
Committee.
Permanent Sovereignty over
Natural Resources
(A/RES/3016 XXVII, 12/18/72)
Reaffirmed right of States to
permanent sovereignty over all
their natural resources, including
those found in the seabed and the
subsoil thereof within their
national jurisdiction and in the
superjacent waters.
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MEMBERSHIP IN ORGANIZATIONS RELATED TO LOS INTERESTS
Colombo Plan
FAO - Food and Agriculture Organization
IAEA - International Atomic Energy Agency
IBRD - International Bank for Reconstruction
and Development (World Bank)
ICAO - International Civil Aviation
Organization
IDA - International Development
Association (IBRD Affiliate)
IFC - International Finance Corporation
(IBRD Affiliate)
IMCO Inter-Governmental Maritime
Consultative Organization
IMF - International Monetary Fund (FUND)
ITU - International Telecommunication Union
Seabeds Committee - United Nations Committee on the
(observer) Peaceful Uses of the Seabed and
Ocean Floor beyond the Limits of
National Jurisdiction
UNESCO - United Nations Educational, Scientific,
and Cultural Organization
WHO - World Health Organization
WMO - World Meteorological Organization
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