LAW OF THE SEA - BURMA'S TERRITORIAL SEA AND MARITIME ZONES LAW

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08C01297R000100180002-2
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 10
• Document Creation Date: December 22, 2016
• Document Release Date: September 4, 2012
• Sequence Number: 2
• Publication Date: April 19, 1977
• Content Type: CABLE

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April 19, 1977 .;
Enclosed is an unofficial translation of Burma's
Territorial Sea and Maritime Zones Law which became
effective April 9, 1977.
OSBORN
FOR DEPT. USE ONLY
C7 In ^ Out
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2BITORIAL SEA AND MARITITytE ZONES iLy_
(
rl la' A~w
~Vl
[-Pyithu Illuttaw Law No. 3 of 1977]
11HERI:r.S the territorial sea of Burma has been declared
to extend into.the sea to a distance of twelve nautical miles;
WHEREAS it is necessary for the purpose of safe-
,:,uarding the national interests of Burma to declare the
extent of the contiguous zone, the continental shelf and the
exclusive economic zone of Burma;
AND WHEREAS it is necessary to provide for matters
ancillary thereto;
1. This Law. may be called the Territorial Sea and
Maritime Zones Law.
2. Thefollowing expressions contained in this Law
shall have the fJllowing meanings,-
(a) "Burma" means the Socialist Republic of the
Union of Burma;
(b) "Council of Ministers" means the Council of
Ministers of Burma;
(c) "Baselines" means the baselines specified in the
Annex to this Law.
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CHAPTER II
Territorial Sea
The territorial sea of Burma extends seawards to a
dist'lncu of twelve nautical miles from the baselines.
4. They,sovereignty of Burma extends to the territorial
son, to its bed and subsoil and to the air space over the
territorial sea.
Subject to the provisions of this Law, ships of all
:states other than warships shall enjoy the right of innocent
passage through the territorial sea. Passage shall be deemed
to be innocent so long as it is not prejudicial to the peace,
good order or security of Burma.
6. During passage through the territorial sea -
(a) a foreign ship shall observe the existing laws and
rules of Burma;
~.b) a foreign fishing vessel shall keep its fishing
gear and equipment in a secured position for sea.
Such a vessel shall traverse the territorial sea
by the shortest way without stopping or anchoring,
except by reason of force majeure;
~~ (c) no foreign research ship shall undertake any
research activity without the prior express
permission of the Council of Ministers.
Proof of innocence of passage shall be furnished by
the foreign ship exercising the right of innocent passage
when called for by the competent authorities of Burma.
8. The Council of Ministers may suspend temporarily, in
specified areas of the territorial sea, the innocent passage
of foreign ships if it considers that guch'suspension is
necessary to safeguard the peace, good order or security of
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(a) No foreign warship shall pass through the terri-
torial sea without the prior express permission
of the Council of Ministers.
(b) A foreign warship entering the territorial sea
without the prior express permission of the
Council of A11inisters shall be required to leave
the area:~immediately.
(c) During passage through the territorial sea,
foreign submarines and other underwater vehicles
shall navigate on the surface of the sea and show
their flag.
CHAPTER III
Contiguous Zone
10. The contiguous zone of Burma is an area beyond and
adjacent to the territorial sea and extends to a distance of
t!'enty-four nautical miles from the baselines.
In the contiguous zone Burma exercises such control
as it may consider necessary to -
(a) safeguard the security of Burma;
(b) prevent and punish infringement of its customs,
fiscal, immigration or sanitary regulations
within its territory or territorial sea.
continental Shelf
12. The continental shelf of Burma comprises the seabed
and subsoil of the submarine areas that extend beyond the
territorial sea throughout the natural prolongation of its
lane territory to the outer edge of the continental margin,
or to a distance of two hundred nautical miles from the
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-4_ 1.~ V
baselines where the outer edge of the continental margin does
not extend up to that distance.
Burma exercises exclusive sovereign rights in respect
of its continental shelf.
14. Without prejudice to the generality of the provisions
of section 13, Burma has in the continental shelf -
(a) sovereign rights for the purposes of exploration,
exploitation, conservation and management of its
natural resources, both living and non-living;
(b) exclusive rights and jurisdiction for the construc-
tion, maintenance or operation of artificial
islands, off-shore terminals, installations and
other structures and devices necessary for the
exploration and exploitation of its natural
resources, both living and non-living, or for the
convenience of shipping or for any other purpose;
(c) exclusive jurisdiction to authorize, regulate and
control scientific research;
(d) exclusive jurisdiction to preserve and protect the
marine environment and to prevent and control
marine pollution; and.
(e) such other rights as are recognized from time to
time by international law.
15. (a) The natural resources of the continental shelf
include vegetable organisms and living organisms
belonging to sedentary species, that is to say,
organisms which, at the harvestable stage', either
are immobile on or under the seabed or are unable
to move except in constant physical contact with
the seabed or the subsoil.
.
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(b) Where the Council of Ministers considers that a
marine organism of any kind is part of the living
natural resources of the continental shelf, it may,
by notification in the official Gazette, declare
that organism to be part of the living natural
resources of the continental shelf.
10. No one shall, without the prior express permission of
the Council of Pinisters, carry out in the continental shelf,
any of the following:-
(b) exploitation of the natural resources, both living
and non-living;
(e) construction, maintenance or operation of any
artificial island, off-shore terminal, installation
or other structure or device.
CHAPTER V
Exclusive Economic Zone
17. The exclusive economic zone of Burma is an area beyond
and adjacent to the territorial sea and extends to a distance
of two hundred nautical miles from the baselines.
18. Burma has in the exclusive economic zone -
sovereign rights for the purposes of exploration,
exploitation, conservation and management of its
natural resources, both living and non-living, as
well as for producing energy from water and winds;
(b) exclusive. rights and jurisdiction for the con-
strytction, maintenance or operation of artificial
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islands, off-shore terminals, installations and
other structures snd devices necessary for the
exploration and exploitation of its natural
resources, both living and non-living, or for the
convenience of shipping or for any other purposs;
(c) exclusive jurisdiction to authorize, regulate and
control scientific research;
(d) exclusive jurisdiction to preserve and protect the
marine environment and to prevent and control
marine pollution; and
(e) such other rights as are recognized from time to
time by international law.
19. Subject to the exercise by Burma of its rights -
(a) ships of all States shall enjoy the right of
freedom of navigation within the exclusive
economic zone;
(b) aircraft of all States shall enjoy freedom of
overflight within the air space over the zone.
20. No one shall conduct any activity in the exclusive
economic zone in relation to exploration, exploitation or
research, without the prior express permission of the
f Council of b1inisters:
Provided that, nothing in this section shall apply
to fishing in accordance with law by a citizen of Burma.
CHAPTER VI
Offences and Penalties
ii. Whoever contravenes or attempts to contravene or
abets the contravention of any provision of this Law or of
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any rule made thereunder shall be punishable with imprisonment
?rai.ch may extend to ten years, or with fine, or with both:
Provided that, the provisions of this section shall
',ot preclude the right to take action under any other existing
l au.
2. Any ship other than a warship which is involved in
the contravention of any provision of this Law punishable
under section 21 shall be liable to confiscation together
with its equipment and instruments as well as everything
aboard that ship.
23. There shall be no prosecution under this Law without
the prior sanction of the Council of Ministers.
CHAPTER VII
Miscellaneous
24. For the purpose of successfully implementing the
provisions of this T,aw, the Council of Ministers may
,,ronulgate such regulations, bye-laws, orders, directives
and procedures as may be necessary.
25. Nothing in this Law shall affect the right of hot
pursuit that may be exeroised by Burma against any offender
for any offence committed in the territorial sea, the
contiguous zone, the continental shelf or the exclusive
economic zone.
ad: Ne Win,
'Chairman,
Council of State,
Socialist Republic of the Union of Burma.
itungoon, dated Waning Day of Tagu in the Year One Thousand
Three Hundred and Thirty-eight of the Burmese Era
April 1977)
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PI o
ANNE X
Yor the purpose of thin l.aw, the l.ovi-watrr liner ru
:u,.rked on large-scale charts officially recognized by BurG1'
;N,11 be the baselines for measuring the breadth of the
territorial sea, the conti;uous zone, the continental shelf
and the exclusive economic zone of Burma:
Provided that, where by reason of the geographical
conditions prevailing on the coasts of Burma or of the
ecouoriic requirements of the coastal regions straight base-
linos have been drawn between fixed points on the mainland,
on i.c;lands or rocks, measurement shall be made from such
baselines. The fixed points between which such straight
baselines shall be drawn are indicated in detail in the
following schedule:
S C H E D U L E
1.
Arakan Coast
(a) Southern Point of
Let
20? 11'
0
4911 N
MAYU ISLAND
Long
32'
92
19" E
(b) BORONGA POINT
??
Lat
19? 4+8'
30" N
Long
930 01'
42"" E
(c) SOUTH TERRIBI,ES
Lat
19? 22'
?
56" N
"
Long
16'
93
E
20
(d) Western Point of
??
Lat
18? 51'
?
48" N
"
HENRY ROCKS
Long
93
26'
E
15
(e) Western Point of
Lat
18? 20'
50" N
NERBUDDA ISLAND
Long
93? 56'
25" E
17? 27'
39" N
(f) ST. JOHN'S or
CHURCH ROCKS
Long
94? 19'
46" E
(g) NORTH 'QUEST GROUP
Lat
16? 55'
0
28" N
"
Long
12'
94
E
45
(h) KORONGE ISLAND
??
Let
16? 31' 20" N
0
"
Lang
94
E
11.1.' 21
(i) SOUTH ROCK
Let
16? 18'
?
55" N
"
Long
11'
94
E
20
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(j) BLACK ROCK
Lat
16?
11''50" N
Long
94?
10'_ 50" E
(k) ALGUADA REr'
..
Lat
15?
42' 13" N
(PATHEIN LIGHT)
Long
94?
12' 06" E
2.
Gulf of L rtaban
(a) ALGUADA REEF
?
Lat
15?
42' 13" N
(PATH IN LIGHT)
Long
94?
12" 06" E
(b)' 'Ulestern Point of
Lat
14?
24' 15" N
LONG ISLAND
Long
97?
46' 02" E
Tenasserim Coast
(a) Western Point of
Lat
14?
24' 15" N
LONG ISLAND
Long
970
46' 02" E
Lat
14?
09' 00" N
Long
97?
46' 54" E
(c) WEST CANISTER
..
Lat
12?
41' 30" N
ISLAND
Long
97?
431 40" E
(d) Northern Point of
Lat
12?
30' 30" N
970
47'
(e) 4estern Point of
..
Lat
12?
03' 03" N
970
(f) GREAT WESTERN
..
Lat
110
47' 15"
TORRES
Long
970
26' 15"
(g) North Western Point of..
Lot
10?
38' 15"
97?
41' 4511
(h) Western Point of
..
Lat
100
28' 12" N
;OUTH TWIN
Long
97?
40' 4511 E
(1) 4E2;TET 1 ROCKY
..
Lat
090
5"'
ISLAND
Long
970
52' 18" E
(j) HAYCOCK ISLAND
..
Lat
09?
40' 45"'N
Long
970
54' 30" E
(k) Western Point of
..
Lat
09?
35' 54" N
97?
58'
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