LAW OF THE SEA COUNTRY STUDY BRAZIL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-01054A000100170001-2
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 29
• Document Creation Date: December 9, 2016
• Document Release Date: February 28, 2001
• Sequence Number: 1
• Publication Date: June 1, 1974
• Content Type: STUDY

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Secret
No Foreign Dissem
Law of the Sea Country Study
Brazil
H ' URN TO RECORDS C lIr
IMRr DIATI LX I.R USE
JOB 22Z CJ ~BOX
Secret
BGI LOS 7417
June 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 categoryi
? 5B(1), (2), and (3)
Automatically declassified on:
Date Impossible to Determine
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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 has two parts. Part I is an analysis of the
primary geographic, economic, and political factors that
might influence the country's law of the sea policy, the
public and private expressions of that policy, 25X6
Part prove es
basic data and information bearing on law of the sea matters.
This study was prepared by the Office of Basic and
Geographic Intelligence. Biographic support was provided by
the Central Reference Service. The study was coordinated
within the Directorate of Intelligence and with the Depart-
ment of State. Comments and questions may be directed to the
LOS Country Studies Working Group, Code 143, Extension 2257.
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Part I - Law of the Sea Analysis
Summary .............. .............................
1
Factors Influencing Policy ...........................
2
Law of the Sea Policy ....... ...... ..........
5
Kev Policy Makers, LOS Negotiators and Advisers ......
9
Part II - Background Information
Basic Data ...........................................
16
Conventions ... ...................................
17
Present Ocean Claims ....... ....................
18
Action on Significant UN Resolutions .................
19
Membership in Organizations Related to LOS Interests.. 20
Draft articles submitted by Brazil to the Seabed Committee
Maps: Regional map
Theoretical Division of the World Seabed
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NO FOREIGN D SSFM
Part I - Law of the Sea Analysis
A. SUMMARY
Brazil, a giant country with the longest
coastline in South America, has a broad
continental shelf and margin, the latter
extending beyond 200 miles* in two areas.
The Brazilian Government wants to keep this
broad shelf under national jurisdiction, and
it has attempted to ensure this by its 1970
200-mile territorial sea claim. Brazil's
primary Law of the Sea (LOS) objective has
been to guarantee its resource interests
through retention of its 200-mile territorial sea claim, achievement
of which would contribute considerably to the country's drive to play
a major role in international affairs. There are some indications,
however, that the Brazilian position may be altered to minimize its
conflicts with the patrimonial sea concept, which is favored by a
majority of the Latin American countries.
Although Brazil's foreign trade depends primarily on waterborne
shipping and its navy is one of the largest in Latin America, officials
see the concept of innocent passage through broad zones of coastal
state national jurisdiction as sufficient for its needs. Within
200 miles of the coast, Brazil wants scientific research and pollution
control standards subject to coastal state consent and regulation, as
well as coastal state exclusive rights to the renewable and non-
renewable resources.
Brazil considers the deep seabed beyond 200 miles as the common
heritage of mankind. It has expressed a desire for a strong inter-
national regime with powers to regulate deep seabed activity; to
conduct exploitation operations itself, as well as license exploitation;
and to distribute the benefits derived from deep seabed mining. Brazil
favors participation of the developing countries in the exploration
and exploitation of the deep seabed, and views as imperative the transfer
of technology and the protection of the economies of developing countries
from price fluctuations of raw materials resulting from deep seabed
mining.
Distances and areas throughout this study are in nautical miles
unless specified otherwise.
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B. FACTORS INFLUENCING LOS POLICY
Special Geographic Features
Brazil is the fifth largest country in the world, and its
coastline extends southward for 4,655 statute miles from French
Guiana to Uruguay on the Atlantic. Although its adjacent continental
shelf is broad, measuring about 224,100 sq. miles within the 200-meter
isobath, it comprises less than a quarter of the 924,000-sq. mile
area out to 200 miles from the coast. The continental margin exceeds
the 200-mile limit only in the area adjacent to the southern third
of the coastline and a smaller area adjacent to the mouth of the Amazon.
Brazil's inclusion of the Arquipelago de Fernando de Noronha within
its baseline adds considerably to the seaward extension of its
territorial sea claim.
Although its land boundaries touch every South American.nation
except Ecuador and Chile, Brazil has had few territorial disputes.
Most of the population is concentrated within 300 miles of the coast.
Uses of the Sea
Mineral Resources -- The discovery of petroleum on the continental
shelf and the desire to reserve the shelf area resources for the
future needs of Brazil's rapidly growing population were the main
factors that led the government to extend its territorial sea limit.
Brazil is rich in natural resources. Its hydroelectric power
potential is enormous; iron ore deposits are among the world's largest;
and deposits of bauxite, tungsten, manganese, and mica are substantial.
However, Brazil is far from self-sufficient in petroleum or high-quality
coal.
To stem the widening gap between petroleum consumption and domestic
production, the state-owned petroleum enterprise (PETROBRAS) is amidst
a sweeping oil exploration, exploitation, and refining program. The
production of 3 million barrels of offshore oil in 1972 gives PETROBRAS
reason to envision substantial marine reserves. The most promising
prospects for finding new reserves are on the continental shelf off
the mouth of the Amazon basin and in the offshore extensions of several
onshore sedimentary basins.
Living Resources -- Most fishing is done in primitive open boats
or consists of netting operations conducted from the ocean beaches.
Modern methods are used by some commercial operations, but these
are usually limited to Brazilian joint operations with Argentine,
Soviet, and Japanese fishing fleets.
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Shrimp are abundant along the entire Brazilian coast, and lobster
are especially plentiful off the northeastern coast. Catfish are
found off the mouth of the Amazon, anchovy and hake to the south. A
large shrimp fishery supplies the domestic market. Export of shrimp
(mostly to Argentina, the United States, and Japan) has risen from
5 metric tons in 1963 to 3,058 metric tons in 1970. Most of the
lobster export goes to the United States.
Although Brazil's abundant fishery resources are largely unexploited,
administration officials have said that one of the principal reasons
for issuing the 200-mile territorial sea claim in 1970 was the desire
to conserve the fisheries and to encourage Brazilians to utilize these
resources. Prior to the 200-mile territorial sea claim, foreign
vessels, many of which were from or based in the Caribbean, fished
freely on the rich banks off the coast of Brazil. Most of the
vessel owners have found it profitable to continue these fishing
activities in spite of the regulations, fees, and restrictions
that Brazil has imposed since 1970.
Marine Transportation -- Brazil depends heavily on waterborne
shipping, both foreign and domestic, and the Brazilian merchant fleet
is the largest and most modern in South America. A long coastline
and the concentration of population and economic activity along the
seaboard area have stimulated development of an extensive and efficient
maritime system that engages in high seas, coastal, and river opera-
tions. Brazil has six major ports and many significant minor ports.
Recife, the closest deepwater Brazilian port to Africa and Europe, is
on the major sealanes that connect Rio de Janeiro and other South
Atlantic ports of South America with North America, Europe, and North
Africa.
Brazilian foreign trade is nearly all seaborne. Total value of
exports in 1971 (principally coffee, cocoa, sugar, iron ore, cotton,
and manufactures) amounted to US$2.9 million; imports (petroleum,
wheat, machinery, and chemicals) amounted to US$3.25 million. In
1970, Brazilian-flag ships carried 10.4%, by volume, of Brazil's
exports and 20.6% of its imports. Brazilian companies, operating
with chartered foreign-flag ships as well as their own vessels,
accounted for 21.7% of the volume of Brazilian exports and 56.5%
of its imports. Brazil's major trading partners are the United States,
West Germany, the United Kingdom, Italy, the Netherlands, Argentina,
and Venezuela.
Naval and Air Transportation Considerations -- The Brazilian
Navy, one of the largest in South America, is capable of defending
the country from seaborne attack by a neighboring country. Controlling
fishing within its claimed territorial waters is no small task along
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with its other missions of protecting sea communications, coastal
shipping, and river traffic. It is also committed to participate in
the defense of the Western Hemisphere in a patrol and antisubmarine-
warfare capacity.
The Brazilian Air Force is the largest air force in South America,
and the country's civil air fleet is one of the largest in the world.
VARIG, Brazil's airline for long-distance international flights and
the largest airline company in Latin America, serves 59 domestic points
and links Brazil with 22 cities in 20 countries.
Political and Other Factors
Brazil sees a confluence of interests with underdeveloped nations,
and it attempts to exercise a leadership role. Brazilians believe it
is their country's destiny to achieve greatness -- it is the largest
and most populous Latin nation, the largest Catholic country in the
world, and is endowed with rich natural resources. Among the basic
tenet's of Brazilian foreign policy is the achievement of the status
of a major world power. It is the most active country in Latin
America on the diplomatic front, with resident ambassadors in every
nation in the hemisphere except Cuba, Barbados, and Jamaica. Special
attention has been focused on Argentina, traditionally regarded as a
rival for prestige in the region.
Brazil's dramatic economic growth has increased its ability to take
an independent line in its international relations. Its views on
multilateral economic matters, such as the coffee trade, have con-
siderable impact on other countries, particularly within Latin America.
Brazil has also taken a leading role in various security and political
affairs, such as its opposition to the Nuclear Non-Proliferation
Treaty. Brazil declined to sign the treaty on the grounds that it could
hamper its efforts to develop nuclear power for peaceful purposes and
that it places limitations on non-nuclear countries but not on nuclear
powers.
Immediately following the March 1970 announcement of its claim to
jurisdiction over waters 200 miles from its coastline, Brazil took
the lead in attempting to obtain a united Latin American position on
this issue in preparation for the LOS Conference. Its reluctance to
compromise on the territorial sea issue, however, has tended to isolate
Brazil even within the Latin American group. United States moderation
toward the claims of developing countries for extensive economic
jurisdiction has punctuated this isolation.
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Because it plays a significant role in extrahemispheric affairs,
many countries consider Brazil a useful point of contact with the
so-called Latin American bloc. Brazil has been chosen five times as
a nonpermanent member of the UN Security Council and has participated
in UN peacekeeping missions.
Brazil is the oldest ally of the United States in Latin America,
and relations have usually been friendly, marked by close cooperation.
The United States is interested in Brazil basically because of its
importance in the hemisphere, its present and potential influence in
world affairs, and its importance as a trading partner and investment
site.
C. LAW OF THE SEA POLICY
Territorial Seas and Straits
In March 1970, Brazil proclaimed a 200-mile territorial sea
which was contrary to prior speculations. The decree claims full
sovereignty extending to the air space over the territorial sea as
well as the ocean floor and subsoil, and gives protection of
biological resources and national security as the reasons for the
extension. Brazil cited the "convenience of having a policy similar
to that of other Latin American nations and economic factors" as
its explanation for this unexpected move. An additional decree
covers regulation of fishing activities in the extended territorial
sea area.
Brazil voted in favor of the Declarations of Montevideo and Lima
in 1970.* It signed the former with the understanding that "freedom
of navigation" mentioned therein with respect to the zone of coastal
state "maritime sovereignty and jurisdiction" was the "freedom
acknowledged in the territorial sea, that is, innocent passage," and
that reference to freedom of overflight in the zone referred to "the
rules normally applied to the air space above the territorial sea."
During the August 1971 session of the Seabed Committee, Brazil
continued its rationalization for its 200-mile territorial sea claim.
Ambassador Guerreiro said that in the absence of an international
agreement on the limits of national jurisdiction over the ocean, his
country believed each government had "the right and the duty to
assess for itself the legitimate interests and needs of its people
and country" in claiming a territorial sea. He said Brazil's
extension to 200 miles was the "natural response of an ocean-exposed
nation to the requirements of economic development and national
security." Explaining that merchant ships would have the right
to traverse the 200-mile territorial sea without restriction, he
*Latin American Declarations endorsing coastal state rights to the
shelf.
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said, "What trading ships need is nothing more than going from one
port to another by the most direct and safe route, and stopping
in emergencies -- that is innocent passage. Only activities
relating to research, to information, to exploitation or fishing
require more than that. Such activities are obviously of fundamental
interest to the economy or the security of the coastal state and
should not be carried out without its consent and/or participation."
During Subcommittee I discussions of the August 1971 session
of the Seabed Committee, Mr. Thompson-Flores elaborated on the limits
of national jurisdiction, stating that his delegation was in complete
agreement with the view that the only precise and just method of
establishing a limit in the marine environment was one based on the
distance criterion.
In the March 1973 Seabed Committee discussions, Brazil commented
favorably on the Santo Domingo Declaration and the Kenya proposal on
an exclusive economic zone-, 'but indicated that it would be preferable
to extend the territorial sea to 200 miles and then spell out in
detail the rights of other states in that area.
The Brazilian Draft Treaty (see Annex) for the 1974 LOS Conference
holds to the 200-mile territorial sea. It proposes that any state
has the right to establish the breadth of its territorial sea within
reasonable limits, but not extending beyond 200 miles. The "patrimonial
sea" is indirectly mentioned, but merely as an alternative for those
states that do not wish to claim a full 200-mile territorial sea.
Brazil's attitude. toward a 200-mile territorial sea has been
unbending. However, most of the Latin American states support the
patrimonial sea concept, and Brazil is feeling the effects of
increasing isolation. Recent reports indicate that Brazil may
modify its position on the 200-mile limit by changing it from a
territorial to a patrimonial sea limit. The Ministry of Foreign
Affairs has stated that if President Geisel does not give approval
for the change, "Brazil will have to apply its 200-mile territorial
sea doctrine in an attenuated form to minimize conflicts with the
majority of countries expected to approve the patrimonial sea
concept." In this connection, the Ministry referred to a "plurality
of regimes" within the 200-mile limit. Brazilian LOS authorities
have publicly admitted "that Brazil will be forced to make at least
one concession [at the LOS Conference]: allow free navigation within
the 200-mile limit providing it does not imply any exploitation of
resources."
Brazil has taken no official position on straits, but has maintained
that innocent passage is sufficient for any country's maritime needs.
However, a recommendation made by the Chief of the Navy General Staff
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to the Minister of the Navy in September 1973 states, "there are
significant strategic and political reasons why Brazil should adopt
the policy of free transit or free navigation."
Continental Shelf and Coastal State Jurisdiction
Beyond the Territorial Sea
Brazil did not sign the 1958 Geneva Convention on the Continental
Shelf, but has adopted the exploitability criterion in its national
legislation. Brazil's continental shelf area out to a depth of
200 meters is extensive and the government is interested in keeping
this broad shelf under national jurisdiction. As one of the more
developed of the developing nations, Brazil has less to gain than
other states from an extensive international regime.
Among the few draft articles submitted to the Seabed Committee
that propose a territorial sea wider than 12 miles, only Brazil's
July 1973 articles (see Annex) would establish a true territorial
sea 200 miles wide, in that navigation in the territorial sea
would be limited to innocent passage. Brazilian spokesmen have
repeatedly stated that the country will never accept any restric-
tions within the 200-mile limit that are inconsistent with its
sovereignty over resources, and it is not inconceivable that Brazil
may eventually claim an economic zone extending beyond the 200-mile
limit to the edge of the continental margin. Presently, Brazilian
national legislation divides the 200-mile-wide area into two fishing
zones -- a 100-mile zone reserved exclusively for Brazilian fishing
vessels, and an outer 100-mile zone in which foreign vessels may
fish contingent upon the purchase of Brazilian licenses.
Fisheries
The 200-mile territorial waters decree and Brazil's subsequent
enforcement of its exclusive fishing regulations caused foreign
nations to seek negotiations with Brazil in an attempt to continue
their fishing operations off Brazil. Not only did the fishing
restrictions impinge on the U.S. shrimp fishing industry, but they
also adversely affected the economies of Guyana, Trinidad and Tobago,
the Overseas Department of French Guiana, and the Netherlands
territory of Surinam. In addition to being the sites of U.S. fish
processing plants, foreign fishing vessels (mainly U.S.) operate from
these independent states and territories, frequenting the waters
claimed by Brazil. Bilateral negotiations between Brazil and Guyana,
Trinidad and Tobago, France, and the Netherlands proved to be less
than satisfactory, as Brazilian hard bargainers refused to include
provisions for the continuance of fishing operations by the third-
country vessels.
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A compromise agreement between Brazil and the United States,
however, was concluded in May 1972 after two rounds of negotiations.
The fundamental U.S.-Brazilian difference over the legality of Brazil's
200-mile sea claim was skirted, and the accord established a conserva-
tion zone within which U.S. shrimp fishermen could continue operations
at about the same level as formerly. Some specific limitations were
placed on the activities of U.S. vessels, and the agreement provided
for mutual exchange of research information. The United States also
agreed to reimburse the Government of Brazil $200,000 annually for
enforcement expenditures. In a statement announcing the shrimp
fishing agreement Ambassador McKernan said, "The treaty is really
a conservation treaty -- and does not deal with the question of
jurisdiction."
The Japanese Government, refusing systematically to recognize
the Brazilian position on territorial sea limits, suspended fishing
negotiations in August 1973.
Deep Seabed Resources
Brazil believes an international regime should be established
to regulate the exploitation of deep seabed resources and the
activities directly or indirectly related to deep seabed utiliza-
tion in the area beyond national jurisdiction. A Brazilian
representative at the March 1971 meeting of the Seabed Committee
suggested that an international agency be established for the
purpose of granting licenses for the exploration and exploitation
of resources to states or intergovernmental organizations and for the
purpose of enforcing compliance with the conditions established in
these licenses. The agency should also be capable of undertaking direct
exploitation. In March 1972, the representative said the organization
to be established should have an Assembly, Council, and a Secretariat.
The Assembly would adopt policies and make basic decisions -- under
the principle of one-state-one-vote -- on all matters within the
Authority's competence. The Council would be in charge of day-to-day
activities, including the regulation and supervision of activities
in the area; the distribution of benefits among member states; and
the coordination of measures to promote scientific research, prevent
pollution, and ensure the participation of the developing countries
in the exploration and exploitation of resources. The composition
of the Council must be based essentially on the principle of equitable
geographical distribution; account must be taken of the need for both
efficiency and adequate representation of all interests concerned.
On important questions, decisions would be by two-thirds vote of mem-
bers present and voting, each member having one vote. The regime
should be provided with sufficient power to exercise effective con-
trol over the production, processing, and marketing of the resources
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of the area so that the economies of the developing countries would be
protected against detrimental effects of world price fluctuations.
Brazil views as imperative the transfer of ocean technology to the
developing states.
Scientific Research
Brazil believes that marine research conducted in areas under national
jurisdiction should be subject to coastal state consent and control.
A Brazilian delegate to the August 1972 UN Seabed Committee said,
"Even in the case of a broad area of exclusive rights over resources
beyond a 12-mile territorial sea, it would be necessary to invest the
coastal state with exclusive competence with regard to the regulation
of scientific research. . ." In the July 1973 Subcommittee III UN
Seabed Committee meetings, Brazil joined Ecuador, El Salvador, Peru,
and Uruguay in presenting draft articles on scientific research (see
Annex), stipulating precise coastal state rights. In August 1973,
Brazil, along with 14 other countries, cosponsored another draft
article (see Annex) in Subcommittee III that requires coastal state
consent prior to conducting any marine scientific research in the
area under a state's sovereignty and national jurisdiction.
Marine Pollution Control
Brazil has not taken an official position on marine pollution other
than to say that pollution control would be most effective if the
coastal state had jurisdiction over broad areas near its shores.
The principal preoccupation of Brazil's decisionmakers is the
country's economic development. They would oppose strong inter-
national pollution standards that would affect exploitation of the
seabed within the area of national jurisdiction.
Brazil seems to favor minimal international control standards
for vessel-source pollution on the high seas and objects to pro-
visions that would allow one nation to interfere with the ships
of another. In discussions regarding the establishment of an IMCO
Marine Pollution Committee in May 1973, a Foreign Office official
said that the Government of Brazil prefers the concept of "voluntary"
compliance with international pollution control standards subject
to flag state enforcement.
D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISERS
Established basic policy directives -- economic development,
rooting out subversion, and expanding international prestige -- are
likely to be continued under recently inaugurated President Ernesto
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Geisel. He is expected to pursue commercial advantages aggressively
and to seek ways in which to increase Brazil's role as a leader in
Latin America. As head of the national oil enterprise prior to
becoming President, Geisel gained a specialized knowledge of the oil
industry.
Brazil has been an active member of the Seabed Committee in
preparations for the 1974 LOS Conference. Ramiro Guerreiro and Sergio
Thompson-Flores were outspoken representatives at all six preparatory
Seabed Committee sessions and the organizational session of the
Conference. During the Seabed Committee sessions Guerreiro was
Brazil's chief orator, defending its position of the right of states
to extend their territorial sea according to their needs. Thompson-
Flores, who served as Vice Chairman of Subcommittee II of the UN
Seabed Committee in 1971, espoused the virtues of a distance criterion
for setting limits of national jurisdiction.
Captain Murillo Souto Major de Castro, special adviser from the
Brazilian Navy, has attended four of the LOS preparatory sessions.
He proposed, after the August 1973 meeting, that Brazil permit free
navigation or free transit outside a 12-mile ocean boundary and rede-
fine its policy on resources of the ocean bottom to permit the country
to exploit such resources beyond the 200-mile limit to the edge of
the margin.
It is not known whether Foreign Minister Antonio Azeredo da
Silveira will take an active role in LOS matters as did outgoing
Minister Mario Gibson Alves Barboza.
Brazilian official delegates who attended one or more of the
preparatory sessions for the Third UN Conference on LOS or the
organizational session of the Conference are as follows:
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Name and Title (as they appear
on the latest UN listing)
Mr. Luiz Augusto S.B. de
ARAUJO CASTRO
Second Secretary of Embassy
Permanent Mission to the UN
Mr. Jose Mauricio de Figueiredo
BUSTANI
Second Secretary of Embassy
Brazilian Embassy in Vienna
Mr. Evaldo CABRAL de MELLO
Secretary of Embassy
Permanent Mission to the UN
Mr. Michel Mont CORNIGLION
Mission Permanente aupres de
1'Office des Nations Unies
*H.E. Mr. Ramiro Saraiva GUERREIRO
Ambassador
Permanent Representative to
the UN [Secretary General,
Office of Foreign Affairs,
as of June 1974]
Mr. Luiz Felipe LAMPREIA
Second Secretary of Embassy
Permanent Mission to the UN
Mr. Luiz Villarinho PEDROSO
Counsellor of Embassy
Permanent Mission to the UN
Mr. Ronaldo Mota SARDENBERG
Secretary of Embassy
Permanent Mission to the UN
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
x
X
X
x
X
x
x
x
x
X
X
X
X
x
Seabed-Co itteeSession
Org.
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Name and Title
Captain Dimas Lopes da
SILVA COELHO
*Captain Murillo SOUTO MAIOR
de Castro
Ministry of the Navy
Mr. Celso Antonio de
SOUZA E SILVA
Minister Plenipotentiary
Deputy Permanent Representative
to the UN
*Mr. Sergio M. THOMPSON-FLORES
Counsellor of Embassy
Permanent Mission to the UN
Dr. Haroldo Pereira TRAVASSOS
Seabed Committee Session
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
x
X
Org.
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BRAZIL
Part II - Background Information
Geography
World region: Latin America
Category: coastal
Bordering states: Venezuela, Guyana, Surinam, French Guiana, Uruguay,
Argentina, Paraguay, Bolivia, Peru, Colombia
Bordering bodies of water: Atlantic Ocean
Area of continental shelf: 224,100 sq. mi.
Area to 200 mi. limit: 924,000 sq. mi.
Area to edge of continental margin: 435,700 sq. mi.
Coastline: 4,655 statute mi.
Land: 3,290,000 sq. statute mi.
Population: 105,911,000
Industry and Trade
GNP: $60 billion, $590 per capita (1973)
Major industries: textiles and other consumer'goods, cement, lumber,
steel, motor vehicles, other metalworking industries
Exports: $6,190 million (f.o.b., 1973); coffee, manufactures, iron ore,
cotton, soybeans, sugar, wood, cocoa, beef
Imports: $6,016 million (c.i.f., 1973); machinery, chemicals,
pharmaceuticals, petroleum, wheat
Major trade partners: exports - U.S. 24%, West Germany 8%, Italy 7%,
Netherlands 6%, Japan 5%, U.K. 4%; imports - U.S. 29%, West Germany
11%, Japan 7%, U.K. 6%, Italy 4% (1972)
Merchant marine: 230 ships (1,000 GRT or over) totaling 2,103,300
GRT; 2 passenger, 154 cargo, 45 tanker, 5 liquefied gas, 21 bulk,
3 combination ore/oil; includes 2 naval tankers sometimes used
commercially
Marine Fisheries
Catch: 650,000 metric tons (1971); exports - $26.7 million (f.o.b.,
1971); imports - $27.5 million (f.o.b., 1971)
Economic importance: nationally significant; locally important for
source of employment and food
Ranking: 26 worldwide, 3 regional
Species: shrimp, lobster, tuna, catfish, hake, anchovy, sardines,
herring, seabass and redfish
Marine fisheries techniques: artisanal and modern
Other countries fishing off coast: Japan, U.S., U.S.S.R., U.K.,
South Korea, France, French Guiana, Trinidad and Tobago, Guyana,
Surinam, Argentina, Barbados, Uruguay
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T
'??r Petroleum Resources
Petroleum: production - 61.7 million 42-gal. bbl. (8.4 million metric
tons) onshore, 1.9 million 42-gal. bbl. (0.3 million metric tons)
offshore; proved recoverable reserves - 1,000 million 42-gal. bbl.
(137 million metric tons) onshore, information on offshore
reserves not available (1971)
Natural gas: production - 42.4 billion cubic feet (1.2 billion
cubic meters) onshore, offshore production negligible; proved
recoverable reserves - 5,000 billion cubic feet (140 billion
cubic meters) onshore; information on offshore reserves not
available (1971)
Navy
Ships: 1 ASW-support aircraft carrier, 1 light cruiser, 17
destroyers, 3 destroyer escorts, 8 submarines, 19 patrol, 8
mine warfare ships, 2 amphibious warfare ships, 24 amphibious
warfare craft, 31 auxiliaries, 39 service craft (includes 3
auxiliary dry docks)
Government Leaders
President, Ernesto Geisel
Minister of Foreign Affairs, Antonio Azeredo da Silveira
Multilateral Conventions
IMCO Convention, 1963
Nuclear Test Ban Treaty, 1965
International Convention for the Safety of Life at Sea, 1967
International Convention for the Conservation of Atlantic Tunas, 1969
Declaration of Montevideo on the Law of the Sea, May 1970
Declaration of Lima on the Law of the Sea, August 1970
Bilateral Conventions
Argentina-Brazil. Agreement on Conservation of Natural Resources
in the Sea Adjacent to the Argentinian Coasts of South Atlantic,
1967
Argentina-Brazil. Agreement Concerning Fishing, 1967. Reciprocal
fishing beyond 6 miles measured from the baseline.
Brazil-Uruguay. Agreement on the Delimitation of the Territorial
Sea, 1969
Brazil-USA. Agreement Concerning Shrimp, May 9, 1972
Trinidad and Tobago-Brazil. Agreement Concerning Shrimp, May 19, 1972
(First Agreement signed in 1971)
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 SECRET
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Present Ocean Claims*
Type Date Terms Source, Notes
Territorial 1940 3 mi. Decree 5798 of June 11, 1940
Sea 1966 6 mi. Decree Law No. 44 of Nov. 18, 1966
1969 12 mi. Decree Law No. 553 of Apr. 25, 1969
1970 200 mi. Decree 1098 of Mar. 25, 1970
Continental 1941 Continental Decree 6734 of Jan. 21, 1941
Shelf platform Art. 4, No. 3 of Constitution
Decree 28840 of Nov. 8, 1950
Depths to accord with international
law
1968 200 meters Decree 62837 of June 6, 1968
exploita- Defined in context of research
bility
Decree
Eliminates the definition of
previous decree; Boletin Especial
No. 196 of Oct. 20, 1967
Exclusive 1938 12 mi. Decree Law No. 794 of Oct. 19, 1938
Fishing Said to be nullified by Decree
28,840 of Nov. 8, 1950
1966 6+ 6 mi. Decree Law No. 44 of Nov. 18, 1966
1971 100 + 100 Decree Law No. 68,459 of Apr. 1,
mi. 1971
Decree No. 68,459 effective Apr. 1,
1971
Customs 1966 + 6 mi. Decree Law No. 44 of Nov. 18, 1966
Civil 1966 + 6 mi. Decree Law No. 44 of Nov. 18, 1966
Jurisdiction
Sanitary 1966 + 6 mi. Decree Law No. 44 of Nov. 18, 1966
Straight 1969 Decree Law No. 56, Apr. 28, 1969
Baselines Permits straight baselines where
certain conditions prevail
1970 Decree 1098
*Principal source: Limits of the Seas, National Claims to Maritime
Jurisdictions, State Dept./INR, March 1973 and Revisions.
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SECRET
 Approved For Release 2001/O3/2ZwClA-RDP79-01054A000100170001-2
Action on Significant UN Resolutions
Moratorium Resolution
(A/RES/2574 D, XXIV, 12/15/69)
Pending establishment of international 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 Adopted w/o vote
(A/RES/3029 A, XXVII, 12/18/72)
Indian Ocean as a Zone of Peace
(A/RES/2992, XXVII, 12/15/72)
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.
Landlocked/Shelf-Locked Study Resolution
(A/RES/3029 B, XXVII, 12/18/72)
Called for study of extent and economic signifi-
cance in terms` of resources, of international
area resulting from each proposal of limits of
national jurisdiction presented to Seabed Committee.
Peruvian Coastal State Study Resolution
(A/RES/3029 C, XXVII, 12/18/72)
Called for study of potential economic signifi-
cance for riparian states, in terms of resources,
of each of the proposals on limits of national
jurisdiction presented to Seabed Committee.
Against
Permanent Sovereignty over Natural Resources In favor
(A/RES/3016 XXVII, 12/18/72)
Reaffirmed right of states to permanent sovereignty
over all their natural resources, wherever found.
SECRET
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Membership in Organizations Related to LOS Interests
FAO ................................ Food and Agriculture Organization
GATT ............................... General Agreement on Tariffs and
Trade
IADB ............................... Inter-American Defense Board
IAEA ............................... International Atomic Energy Agency
IBRD ............................... International Bank for Reconstruc-
tion and Development (World Bank)
ICAO ............................... International Civil Aviation Organiza-
tion
IHB ................................ International Hydrographic Bureau
ILO ................................ International Labor Office
IMCO ................................ Inter-Governmental Maritime
Consultative Organization
IMF ................................ International Monetary Fund
LAFTA .............................. Latin American Free Trade Association
OAS . ....................... Organization..of American States
Seabed Committee ................... United Nations Committee on the
Peaceful Uses of the Seabed and
Ocean Floor Beyond the Limits of
National Jurisdiction
UN ............................. United Nations
UNESCO ............................. United Nations Educational,
Scientific, and Cultural
Organization
WHO ................................ World Health Organization
WMO ................................. World Meteorological Organization
SECRET
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UNIT LED NATIONS
GENERAL
ASSEMBLE'
Distr.
LIMITED
A/AC.138/SC.II/L.25
13 July 1973
Original: ETGLISH
CC:~:? ILF' ON THE PEACEFUL USES OF THE
SF is-I AID THE OCEAN FLOOR BEYOND
.:T TS OF NATIONAL JURISDICTION
SUB-0C';?i IPTF.E II
Brazil! draft articles containing basic rovisions on the Question of the maxiiur
brea;t'_: of the territorial sea and other modalities or combinations of legal
reti.-; c of coastal State sovereignty, ,jurisdiction or specialized competences
ARTICLE A
1. Each State has the right to establish the breadth of its territorial sea
with-`- reasonable limits, taking into account geographical, social, econoiac,
ecolcgical and national security factors.
2. The breadth of the territorial sea shall in no case exceed two hundred
nautical miles measured from the baselines determined in accordance with
article ... of the present Convention.
3. States whose coasts do not face the open ocean shall enter into consultations
with other States of the region with a view to determining a mutually agreed
maxir:tn breadth of the territorial sea appropriate to the particular
characteristics of the region.
ARTICLE B
Within the limitations determined by antic.-e A, each State has the right to
establish other modalities or combinations of legal regimes of sovereignty,
jurisdiction or specialized competences in the marine area adjacent to its coasts.
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Distr.
LIPt I!D
GENERAL
ASSEMBLY 17??u;;+.istl;'i3
cO2r4ITTEE ON TIHE P.?.?~cSFUL USES OF THE
SEA-BED) 1UiD THE OCEAN FLOOR BEYOND
THE LITTTS OF }1ATION L JURISDICTION
SUB- COi'1D'TEE III
Algeria, #'r ;l, China. Ethiopia, E!{y;,t. Iran,
Keryu, Pakatten, Per., P"zilinnines, Romania,
Sotia1ia, Trinidad and Tobago. Tinifsia, Yurzoslavia:
Draft article or. consent to conduct marine
scientific research
Whenever, according to this Convention, the consent of a coastal State is requosted
for undertaking marine scientific research in the areas under ite sovereignty and
national jurisdiction the explicit consent of that St to shall be obtadned before
such activity is undertaken.
GE-73-51347
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L
WN 1 1 C? ]WA I J U N Da.s t1r.
LIMITED
d 3 L IN E K e`1 L~/ ~~f+=:~ y~/, Y! 19 Ju.1y 1973
SSE M 1 ENGLISH
ABL
Original: SPANISH
COflNIT'Ta ON TIC. PtCflI UL USES OF 1'}L
SEA-BED AND 'III OCEAN FLOOR BEYOND VIM
LI IX iS Oh ITATIONILL JUP.ISDICTIONI
SCIMfIPIC P,ESEAItCE t:ITHIU M ZONE SUBJECT TO Tii'.'. SOVE11EIG-TY
APPD. JUPJSDICTIONI O. THE COASTAL ST'ATL
Brazil, Ecuador, El Salvador, Peru and Ur.aruay:
1. The coastal State shall have the right to bring under regulation scientific
reses-m,h activities conducted in the zone subject to its maritime sovereignty and
jurisdiction.
2. Scientific research activities in the zone subject to the maritime sovereignty
and jurisdiction of the coastal State shall be conducted for peaceful purposes.
3. The coastal State shall promote, select and facilitate scientific research
activities within the zone subject to ita maritime sovereignty and jurisdiction
with a view to prom:+ting the development of science and. tec'rnoloyr, in order that
the results raay contribute to a better knowledge, and to the preservation of the
marine environment and its resources and to a more efficient exploitation of those
resources.
4. States, international organizations and physical or juridical persons desiring
to undertake scientific research activities within the zone under the maritime
sovereignty anti jurisdiction of the coastal State shall apply for and obtain
authorization from that State and comply with the provisions imposed by it; they
shall specify: (a) the objectives and tasks of their research; (b) the means to
be used; (c) the scientifa..c staff to be employed; (d) the zones in which the
activities are to be conducted; (e) the dates proposed for conducting-them; and
they shall undertake to transmit to the coastal State the primary data and results
of the investigation and any, samples obtained in the course of it.
5. The coastal State shall have the right to participate in the scientific
research activities conducted within the zone subject to its maritime sovereignty
and jurisdiction.
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page 2
6. The scientific research activities in the zone subject to the maritime
sovereignty and jurisdiction of the coast:. 1. State shall be conducted in. Conformity
with the conditions laid down in the releva;:t aut.crizatinn. These conditions shall
not be altered by the persons conducting the investigation, except with the express
consent of the coastal State.
7. Scientific research activities shall be 3o conducted that they do not hazau
the mazine resources, and that they do not interfere with or obstruct the
exploitation of those resources, navigation or existing services and installations.
8. The coastal State shall co-operate with other States and with the international
organizations concerned in order to disseminate the results of scientific resea=h.
GE.7}-49014
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9
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