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Division for Ocean Affairs and the Law of the Sea

Office of Legal Affairs

The Law of the Sea

Delimitation of Maritime Boundaries


(1991-2002)

Agreements, judgments and arbitral awards, with illustrative maps

• United Nations, New York, 2004


Copyright page
Introduction

The Division for Ocean Affairs and the Law of the Sea is preparing publications dealing with the
practice of States in relation to subject matters covered by the United Nations Convention on the Law of the
Sea adopted in 1982. It is essential, especially now more than 20 years after the opening of the Convention
for signature on 10 December 1982 and 10 years after its entry into force on 16 November 1994, to
continue monitoring State practice, gathering information in relation to it and giving publicity to it,
particularly with regard to national legislation on maritime zones or bilateral maritime boundary
agreements.
The present publication is the fourth in the series devoted to maritime boundary agreements. Three
publications containing texts of such agreements concluded during the period 1970-1991 have been
published.1 As was done in past issues, this publication contains excerpts from the decisions of the
International Court of Justice and arbitral tribunals which deal with the delimitation of maritime
boundaries.
In 2000, the Division complemented its examination of maritime boundary delimitation issues by
preparing a Handbook on the Delimitation of Maritime Boundaries.2 The Handbook’s purpose is to
facilitate the negotiating process to which States with adjacent or opposite coasts will have to resort in case
of overlapping claims. The Handbook covers legal, technical and practical information deemed essential in
negotiating maritime boundary delimitation between coastal States. It also contains information concerning
the peaceful settlement of disputes in cases where negotiations prove unsuccessful.
The delimitation of maritime boundaries continues to be an important element of the
implementation of the Convention and has a significant place in the practice of States. Although numerous
maritime boundary delimitation agreements have been adopted in the past 10 years, it is estimated that a
considerable number of maritime-boundary-delimitation issues around the world still await some form of
resolution.
The reason for the large number of pending delimitation issues is to be found in the provisions of
the 1982 Convention on the Law of the Sea relating to the breadth of zones under national jurisdiction,
namely the right to establish the breadth of the territorial sea up to 12 nautical miles (art. 3), the adoption of
the concept of an exclusive economic zone which may extend up to 200 nautical miles (art. 57) and the
definition of the continental shelf which may, in some cases, extend up to 350 nautical miles from the
baselines or 100 nautical miles from the 2,500-metre isobath (art. 76).
The process of implementation of the provisions of the Convention, in particular the review by
States of their maritime claims, the proclamation of new maritime zones (such as the exclusive economic
zone) as well as the adoption of new or revised limits for areas under national jurisdiction, has resulted in
many cases in overlapping claims between States with adjacent or opposite coasts. This situation puts
States under an obligation to seek agreement with their neighbours with a view to establishing precise
boundaries and to define clearly the zones in which they are entitled to exercise their sovereignty, in the
case of the territorial sea, or their sovereign rights or jurisdiction, in the case of the continental shelf or the
exclusive economic zone. However, these entitlements that coastal States now enjoy translate into
important national economic and political interests that make the process of delimitation particularly
complex and delicate.
The Convention provides in this regard only basic guidelines. The applicable provisions are
contained in articles 15, 74 and 83 dealing respectively with the delimitation of the territorial sea between

1
The Law of the Sea: Maritime Boundary Agreements, 1942-69 (United Nations publication, Sales No. E.91.V.11); The Law of the
Sea: Maritime Boundary Agreements, 1970-84 (United Nations publication, Sales No. E.87.V.12); and The Law of the Sea: Maritime
Boundary Agreements, 1985-91 (United Nations publication, Sales No. E.92.V.2).

2
United Nations publication, Sales No. E.01.V.2.

iv
States with opposite or adjacent coasts, the delimitation of the exclusive economic zone and the
delimitation of the continental shelf.
In the case of the territorial sea, unless there is agreement to the contrary, neither of the two States
concerned is entitled to extend its territorial sea beyond the median line. This method does not apply,
however, in cases of historic titles or other special circumstances. The provision of the Convention
contained in article 15 closely corresponds to article 12 of the Geneva Convention of 1958 on the
Territorial Sea and the Contiguous Zone.
For the delimitation of the continental shelf or the exclusive economic zone, three elements are
contained in articles 74 and 83 dealing with this question, namely that:
(a) The delimitation shall be effected by agreement;
(b) Such agreement shall be reached on the basis of international law;
(c) The object of the agreement shall be to achieve an equitable solution.
These provisions depart from article 6 of the Geneva Convention of 1958 on the Continental Shelf
in that the principle of equidistance applies in the absence of an agreement, unless another boundary line is
justified by special circumstances.
Beyond these provisions, in a negotiating process, States have wide latitude and flexibility in
trying to influence the outcome of the negotiations in favour of their rights and interests by using as many
factors as they deem appropriate for the construction of the line or lines they consider equitable and
satisfactory. There is no limit to the factors which States may take into account when negotiating. Indeed, a
number of factors, such as those pertaining to geographical, historical, political, economic and security
concerns, have been considered by the parties during the negotiation of the maritime boundary delimitation
agreements contained in the present volume.
Delimitation by judicial settlement is a legal operation which must be based "on considerations of
law". In this respect, it should be noted that, as confirmed by jurisprudence, there is a distinction between
delimitation based on legal rules and delimitation by States during negotiations, which involves political
considerations, among others.
In delimitation based on legal rules, the International Court of Justice and arbitral tribunals have
always interpreted “relevant” equitable criteria and factors applicable to maritime boundary delimitation as
meaning directly relevant to the delimitation operation and, therefore, of a non-political or economic
nature. The Court has avoided giving a closed list of "relevant" circumstances in view of the fact that each
delimitation is a particular case that must be decided upon its own merits.
As mentioned above, this publication also incorporates information on delimitation of maritime
boundaries as reflected in judicial decisions rendered either by the International Court of Justice or by an
arbitral tribunal. In addition to settling disputes concerning maritime boundary delimitation and providing
delineation of maritime boundaries, these decisions have contributed to clarification of the elements which
are applicable in the search for an equitable solution. It may be useful to note that the most recent practice
of the International Court of Justice is based on the pragmatic approach that "equidistance/special
circumstances" (TS) and the "equitable principles/relevant circumstances" (EEZ/CS) rules codified in those
provisions (articles 15 and 74 together with article 83 of the 1982 Convention) are closely interrelated.3
Among the most important rulings of the Court on maritime boundary disputes adopted since
1991, are the following:

• Land, Island and Maritime Frontier Dispute (El Salvador/Honduras: Nicaragua intervening)
(1986-1992) (Judgment of 11 September 1992)

3
See Qatar v. Bahrain (Merits) Judgment of 16 March 2001, para.231.

v
• Maritime Delimitation in the Area between Greenland and Jan Mayen (Denmark v. Norway)
(1988-1993) (Judgment of 14 June 1993)

• Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v.
Bahrain) (1991-2001) (Judgment of 16 March 2001)

• Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria:
Equatorial Guinea intervening) (1994-2002) (Judgment of 10 October 2002)
Regarding arbitral awards, an arbitral award was rendered in 1992 in relation to the delimitation of
maritime areas between Canada and the French Republic regarding St. Pierre and Miguelon. In 1999,
another arbitral award was rendered in the case between Eritrea and Yemen. Owing to practical
considerations, the present publication reproduces only the relevant part of the decisions containing the lists
of geographical coordinates of points (if any).
Many of the agreements reproduced in this publication are in force and have been registered with
the Secretary-General in accordance with Article 102 of the Charter of the United Nations. Others may still
be awaiting the completion of national procedures necessary for the exchange of instruments of ratification
and subsequent entry into force. Some treaties provide for provisional application pending their entry into
force.
For ease of reference, the agreements are first listed by major regions, i.e., Atlantic region, Latin
America and Caribbean region, Mediterranean region, Indian Ocean region, Pacific region (North, Central
and South), and Africa. They are in turn organized according to subregions and listed in chronological
order. The agreements are reproduced in extenso with illustrative maps prepared by the Division.

vi
CONTENTS
States Treaty/Case title Page

I. Atlantic region

A. North Atlantic

Ireland/United Kingdom Protocol supplementary to the Agreement between the Government of Ireland and the 1
Government of the United Kingdom concerning the delimitation of areas of the continental
shelf between the two countries (with map) (of 7 November 1988), 8 December 1992

Canada/France Case concerning the delimitation of maritime areas between Canada and the French 4
Republic, 10 June 1992 (excerpt)

Denmark/Norway Case concerning Maritime Delimitation in the Area between Greenland and Jan Mayen 8
(Denmark v. Norway), International Court of Justice, Judgment, 14 June 1993 (excerpts)

Agreement between the Kingdom of Denmark and the Kingdom of Norway concerning the 11
delimitation of the continental shelf in the area between Jan Mayen and Greenland and
concerning the boundary between the fishery zones in the area, 18 December 1995

Additional Protocol to the Agreement of 18 December 1995 between the Kingdom of 14


Norway and the Kingdom of Denmark concerning the delimitation of the continental shelf
in the area between Jan Mayen and Greenland and the boundary between the fishery zones
in the area, 11 November 1997

Iceland/Norway Additional Protocol to the Agreement of 28 May 1980 between Norway and Iceland 16
concerning fishery and continental shelf questions and the Agreement derived therefrom of
22 October 1981 on the continental shelf in the area between Jan Mayen and Iceland,
11 November 1997

Denmark/Iceland Agreement between the Government of the Kingdom of Denmark along with the Local 18
Government of Greenland, on the one hand, and the Government of the Republic of Iceland,
on the other hand, on the delimitation of the continental shelf and the fishery zone in the
area between Greenland and Iceland, 11 November 1997

Denmark/United Agreement between the Government of the Kingdom of Denmark together with the Home 21
Kingdom Government of the Faroe Islands, on the one hand, and the Government of the United
Kingdom of Great Britain and Northern Ireland, on the other hand, relating to maritime
delimitation in the area between the Faroe Islands and the United Kingdom, 18 May 1999

B. North Sea

France/United Kingdom Exchange of Notes constituting an agreement amending the Agreement between the 27
Government of the French Republic and the Government of the United Kingdom of Great
Britain and Northern Ireland relating to the delimitation of the continental shelf in the area
east of 30 minutes west of the Greenwich meridian (24 June 1982), 21 and 27 March 1990

Agreement between the Government of the French Republic and the Government of the 29
United Kingdom of Great Britain and Northern Ireland relating to the completion of the
delimitation of the continental shelf in the southern North Sea, 23 July 1991

iii
Exchange of Notes constituting an agreement between the Government of the French 32
Republic and the Government of the United Kingdom of Great Britain and Northern Ireland
concerning negotiations on the line of maritime delimitation in the area lying between Jersey
and France, 28 January 1994

Exchange of Notes constituting an agreement between the Government of the United 34


Kingdom of Great Britain and Northern Ireland and the Government of the French Republic
concerning the activities of fishermen in the vicinity of the Channel Islands and the French
coast of the Cotentin peninsula, 10 July 1992

Belgium/United Agreement between the Government of the United Kingdom of Great Britain and Northern 38
Kingdom Ireland and the Government of the Kingdom of Belgium relating to the delimitation of the
continental shelf between the two countries, 29 May 1991

Belgium/Netherlands Treaty between the Kingdom of the Netherlands and the Kingdom of Belgium on the 41
delimitation of the territorial sea, 18 December 1996

Treaty between the Kingdom of the Netherlands and the Kingdom of Belgium on the 44
delimitation of the continental shelf, 18 December 1996

C. Baltic Sea

Germany/Poland Treaty between the Federal Republic of Germany and the Republic of Poland on the 46
confirmation of the frontier between them, 14 November 1990

Treaty between the German Democratic Republic and the Polish People's Republic on the 48
delimitation of the sea areas in the Oder Bay, 22 May 1989

Estonia/Finland Agreement between the Republic of Finland and the Republic of Estonia on the boundary of 52
the maritime zones in the Gulf of Finland and the northern Baltic Sea, 18 October 1996

Finland/Sweden Agreement between the Republic of Finland and the Kingdom of Sweden on the 55
delimitation of the boundary between the continental shelf and fishery zone of Finland and
the Economic Zone of Sweden in the Aland Sea and the Northern Baltic, 2 June 1994

Estonia/Latvia Agreement between the Republic of Estonia and the Republic of Latvia on the maritime 58
delimitation in the Gulf of Riga, the Strait of Irbe and the Baltic Sea, 12 July 1996
62

Estonia/Latvia/Sweden Agreement between the Government of the Republic of Estonia, the Government of the 64
Republic of Latvia and the Government of the Kingdom of Sweden on the common
maritime boundary point in the Baltic Sea, 30 April 1997

Lithuania/Russian Treaty between the Republic of Lithuania and the Russian Federation on the delimitation of on page
Federation the exclusive economic zone and the continental shelf in the Baltic Sea, 24 October 1997 65

Estonia/Sweden Agreement between the Government of the Kingdom of Sweden and the Government of the 68
Republic of Estonia on the delimitation of the maritime zones in the Baltic Sea,
2 November 1998

Estonia/Finland/Sweden Agreement between the Government of the Republic of Finland, the Government of the 71
Republic of Estonia and the Government of the Kingdom of Sweden on the common
maritime boundary point in the Baltic Sea, 16 January 2001

II. Latin America and Caribbean region

iv
Colombia/Jamaica Maritime Delimitation Treaty between Jamaica and the Republic of Colombia, 12 73
November 1993

United Kingdom/United Agreement between the Government of the United Kingdom of Great Britain and Northern 78
States Ireland and the Government of the United States of America on the delimitation in the
Caribbean of a maritime boundary between Puerto Rico/United States Virgin Islands and the
British Virgin Islands, 5 November 1993

Treaty between the Government of the United Kingdom of Great Britain and Northern 82
Ireland and the Government of the United States of America on the delimitation in the
Caribbean of a maritime boundary between the United States Virgin Islands and Anguilla,
5 November 1993

Cuba/Jamaica Agreement between the Government of the Jamaica and the Government of the Republic of 85
Cuba on the delimitation of the maritime boundary between the two States, 18 February
1994

France/United Kingdom Agreement on maritime delimitation between the Government of the French Republic and 91
the Government of the United Kingdom of Great Britain and Northern Ireland concerning
Guadeloupe and Montserrat, 27 June 1996

Agreement on maritime delimitation between the Government of the French Republic and 94
the Government of the United Kingdom of Great Britain and Northern Ireland concerning
Saint Martin and Saint Barthelemy, on the one hand, and Anguilla, on the other, 27 June
1996

Dominican Agreement between the Government of the United Kingdom of Great Britain and Northern 97
Republic/United Ireland and the Government of the Dominican Republic concerning the delimitation of the
Kingdom maritime boundary between the Dominican Republic and the Turks and Caicos Islands, 2
August 1996

Mexico/United States Treaty between the Government of the United States of America and the Government of the 99
United Mexican States on the delimitation of the continental shelf in the Western Gulf of
Mexico beyond 200 nautical miles, 9 June 2000

Honduras/United Treaty between the Government of the Republic of Honduras and the Government of the 103
Kingdom United Kingdom of Great Britain and Northern Ireland concerning the delimitation of the
maritime areas between the Cayman Islands and the Republic of Honduras, 4 December
2001

III. Mediterranean region and Red Sea

Albania/Italy Agreement between the Republic of Albania and the Republic of Italy for the determination 107
of the continental shelf of each of the two countries, 18 December 1992

Israel/Jordan Maritime Boundary Agreement between the Government of the State of Israel and the 111
Government of the Hashemite Kingdom of Jordan, 18 January 1996

Bosnia and Treaty on the state border between the Republic of Croatia and Bosnia and Herzegovina, 113
Herzegovina/Croatia 30 July 1999

Eritrea/Yemen Eritrea – Yemen Arbitration, Permanent Court of Arbitration, Award in Phase II: Maritime 120
Delimitation, 17 December 1999 (excerpt)

Cyprus/Egypt Agreement between the Republic of Cyprus and the Arab Republic of Egypt on the 123
Delimitation of the Exclusive Economic Zone, 17 February 2003

v
A. Black Sea

Georgia/Turkey Protocol between the Government of the Republic of Turkey and the Government of 127
Georgia on the confirmation of the maritime boundaries between them in the Black Sea,
14 July 1997

Bulgaria/Turkey Agreement between the Republic of Turkey and the Republic of Bulgaria on the 129
determination of the boundary in the mouth area of the Mutludere/Rezovska River and
delimitation of the maritime areas between the two States in the Black Sea,
4 December 1997

IV. Indian Ocean Region 135

France/Seychelles Agreement between the Government of the French Republic and the Government of the 135
Republic of Seychelles concerning delimitation of the maritime boundary of the exclusive
economic zone and the continental shelf of France and of Seychelles, 19 February 2001

V. Pacific Region

A. North Pacific

Democratic People’s Agreement between the Government of the Union of Soviet Socialist Republics and the 138
Republic of Government of the Democratic People's Republic of Korea concerning the regime of the
Korea/Russian Soviet-Korean State frontier, 3 September 1990
Federation

B. Central and South Pacific

France/United Kingdom Exchange of Notes constituting an agreement between the Government of the French 153
Republic and the Government of the United Kingdom of Great Britain and Northern Ireland
concerning the creation and delimitation of an economic zone around the islands of Pitcairn,
Henderson, Ducie and Oeno, 17 December 1992 and 19 January 1993

India/Myanmar/Thailand Agreement between the Government of the Union of Myanmar, the Government of the 155
Republic of India and the Government of the Kingdom of Thailand on the determination of
the trijunction point between the three countries in the Andaman Sea, 27 October 1993

Australia/Indonesia Treaty between the Government of Australia and the Government of the Republic of 158
Indonesia establishing an exclusive economic zone boundary and certain seabed boundaries,
14 March 1997

Niue/United States Treaty between the Government of the United States of America and the Government of 169
Niue on the delimitation of a maritime boundary, 13 May 1997

Australia/Timor-Leste Timor Sea Treaty, 20 May 2002 172

Agreement between the Government of Australia and the Government of the Democratic 195
Republic of Timor-Leste relating to the unitization of the Sunrise and Troubadour fields,
6 March 2003

C. South-East Asia 213

Malaysia/Viet Nam Memorandum of Understanding between Malaysia and the Socialist Republic of Viet Nam 213
for the exploration and exploitation of petroleum in a defined area of the continental shelf
involving the two countries, 5 June 1992

vi
Malaysia/Singapore Agreement between the Government of Malaysia and the Government of the Republic of 217
Singapore to delimit precisely the territorial waters boundary in accordance with the Straits
Settlement and Johore Territorial Waters Agreement 1927, 7 August 1995

Thailand/Viet Nam Agreement between the Government of the Kingdom of Thailand and the Government of 223
the Socialist Republic of Viet Nam on the delimitation of the maritime boundary between
the two countries in the Gulf of Thailand, 9 August 1997

D. North-East Pacific

El Salvador/Honduras Case concerning the Land, Island and Maritime Frontier Dispute (El Salvador v. Honduras: 226
Nicaragua intervening), International Court of Justice, Judgments, 11 September 1992
(excerpts)

VI. Africa

A. East Africa

Seychelles/United Agreement between the Government of the United Republic of Tanzania and the 229
Republic of Tanzania Government of the Republic of Seychelles on the delimitation of the maritime boundary of
the exclusive economic zone and continental shelf, 23 January 2002

B. West Africa

Cape Verde/Senegal Treaty on the delimitation of the maritime frontier between the Republic of Cape Verde and 233
the Republic of Senegal, 17 February 1993

Guinea-Bissau/Senegal Management and Cooperation Agreement between the Government of the Republic of 238
Senegal and the Government of the Republic of Guinea-Bissau, 14 October 1993

Equatorial Guinea/Sao Treaty regarding the delimitation of the maritime boundary between the Republic of 241
Tome and Principe Equatorial Guinea and the Democratic Republic of Sao Tome and Principe, 26 June 1999

Equatorial Treaty between the Federal Republic of Nigeria and the Republic of Equatorial Guinea 245
Guinea/Nigeria concerning their maritime boundary, 23 September 2000

Nigeria/Sao Tome and Treaty between the Federal Republic of Nigeria and the Democratic Republic of Sao Tome 248
Principe and Principe on the joint development of petroleum and other resources, in respect of areas
of the exclusive economic zone of the two States, 21 February 2001

Memorandum of Understanding between the Federal Republic of Nigeria and the 272
Democratic Republic of Sao Tome and Principe on the Special Regime Area, 21 February
2001

Cameroon/Nigeria Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria: 273
Equatorial Guinea Intervening), International Court of Justice, Judgment of 10 October
2002 – Merits (excerpt)

Gabon/Sao Tome and Agreement on the delimitation of the maritime border between the Gabonese Republic and 276
Principe the Democratic Republic of Sao Tome and Principe, 26 April 2001

VII. Gulf States

Oman/Yemen International Boundary Agreement between the Sultanate of Oman and the Republic of 279
Yemen, 1 October 1992

vii
Iraq/Kuwait Demarcation of the international boundary between the Republic of Iraq and the State of 289
Kuwait by the United Nations Iraq-Kuwait Boundary Demarcation Commission, 20 May
1993

Oman/Pakistan Muscat Agreement on the delimitation of the maritime boundary between the Sultanate of 293
Oman and the Islamic Republic of Pakistan, 12 June 2000

Saudi Arabia/Yemen International Border Treaty between the Republic of Yemen and the Kingdom of Saudi 297
Arabia, 12 June 2000

Kuwait/Saudi Arabia Agreement between the Kingdom of Saudi Arabia and the State of Kuwait concerning the 301
submerged area adjacent to the divided zone, 2 July 2000

Bahrain/Qatar Case concerning Maritime Delimitation and Territorial Questions 305


between Qatar and Bahrain (Qatar v. Bahrain), International Court of Justice, Judgment of
16 March 2001—Merits (excerpt)

viii
I. Atlantic region

A. North Atlantic

Ireland and United Kingdom of Great Britain


and Northern Ireland
Protocol supplementary to the Agreement between the Government of Ireland and
the Government of the United Kingdom concerning the delimitation of areas of the
continental shelf between the two countries (with map)
(of 7 November 1988) 1
8 December 1992
The Government of Ireland and the Government of the United Kingdom,
Having regard to the Agreement of 7 November 1988 concerning the delimitation of areas of the
continental shelf between the two countries,
Wishing to delimit a further area of the continental shelf prior to the construction of a pipeline
between Moffat in Scotland and Loughshinny in Ireland,
Have agreed as follows:

Article 1

(1) The boundary between the parts of the continental shelf which appertain to Ireland and
the United Kigdom, respectively, in the area north of latitude 53° 39' North and south of latitude 53° 46'
North shall be a line composed of parallels of latitude and meridians of longitude on WGS 84 Datum
proceeding from point number 1 on Line A in the Agreement of 7 November 1988 and joining the points
set out below in the sequence given there:
Latitude N Longitude W
Point A 53° 39'.00 5° 16'.34
Point B 53° 42'.14 5° 16'.34
Point C 53° 42'.14 5° 17'.85
Point D 53° 44'.40 5° 17'.85
Point E 53° 44'.40 5° 19'.33
Point F 53° 45'.80 5° 19'.33
Paint G 53° 45'.80 5° 22'.00
Point H 53° 46'.00 5° 22'.00
(2) That part of the pipeline which will be north and east of the point where it will cross the
line defined in paragraph (1) above will lie in areas under the jurisdiction of the United Kingdom.
(3) The line defined in paragraph (1) above has been drawn by way of illustration on the map
annexed to this Protocol.

1
United Nations Treaty Registration No. 27204, 14 October 1993.

1
(4) The proposed route of the pipeline has also been drawn by way of illustration on that
map.

Article 2

Article 3 of the Agreement of 7 November 1988 applies to the line defined ln Article 1(1) above.

Article 3

This Protocol shall enter into force on the date on which the two Governments exchange
notifications of their acceptance of this Protocol.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective
Governments, have signed this Protocol.
DONE in two originals at Dublin this 8th day of December, 1992.
For the Government of Ireland: For the Government of the United Kingdom:

2
3
Canada and France
Case concerning the delimitation of maritime areas
between Canada and the French Republic, Award rendered by the Court of
Arbitration
10 June 1992 1
(excerpts)
1. The full description of the line of delimitation, together with the necessary geographical
coordinates, is given in the Decision, and is not included in this report. All computations have been made
on the ellipsoid using North American Datum (NAD) (1983) (see Canadian Memorial, p. 14, n 13), the
associated ellipsoid being that of the Geodetic Reference System (1980). The international nautical mile of
1852 metres has been used.
2. Positions of the relevant basepoints have been taken from Canadian charts as indicated in the table
at paragraph 4 below. As the submissions of the Parties have expressed all coordinates to 0.1 arc seconds
(see Canadian Counter Memorial, pp. 251 and 252; French Memorial, p. 286) I have done the same.
3. The coordinates listed in the Agreement of 27 March 1972 are given approximately and are
expressed only to the nearest arc second. Although the Canadian Counter Memorial at p. 251 has applied
datum corrections to the quoted coordinates, the French Memorial does not assign coordinates to either
Point 1 or Point 9. Further, Point 1, as described in the Agreement and corrected for datum change, does
not lie exactly on a 12-mile arc centred on L'Enfant Perdu. It may be assumed, therefore, that had the
coordinates been given to the nearest 0.1 arc second they would have been slightly different. The data is
not available to determine the exact coordinates of those points as agreed in 1972, and the Court has not
been asked to undertake the task.
4. The French Memorial (p. 286) lists the coordinates of an equidistant line. The controlling
basepoints are named but their coordinates are not given. The Canadian Counter Memorial (p. 252) gives
coordinates for most of the basepoints that they have used for the French islands, but comparison with the
French equidistant coordinates shows that the coordinates used were not identical to those used by France.
This is only to be expected from the scales of the charts even if the features used were the same. I have
determined my own values for the coordinates of the basepoints for the French islands as defined in the
Decision, although they differ only slightly from those used by Canada. The NAD 83 values used for the
various basepoints which affect the delimitation, and their sources, are as follows:

1
Technical report to the Court by Commander P.B. Beazley. Law of the Sea Bulletin No. 22, 1992, p. 88.

4
No. Name Latitude North Longitude West Source
Ε ' " Ε ' "
C1 Watch Rock 47 23 09.1 56 50 02.3 See para. 69 of
C2 Lord Island 47 22 30.1 56 58 55.3 Decision.
F1 Pte. à l'Abbé 47 07 32.9 56 23 30.1 )
F2 Veaux Marins 47 02 09.9 56 31 02.8 ) Canadian Chart
F3 Pte. Plate (extreme W) 46 49 16.5 56 24 19.2 ) 4626
F4 Pte. Plate (extreme SW) 46 49 14.5 56 24 17.4 )
F5 Cap Bleu 46 47 36.5 56 22 21.3 )
F6 Pte. du Ouest (islet SW) 46 46 58.7 56 21 00.9 )
F7 Drying rock SW of Pte.
du Diamant 46 44 55.2 56 13 41.6 )
F8 Islet off Tête du Petit 46 45 14.3 56 10 30.3
F9 Havre 46 45 41.5 56 09 15.5 Canadian Chart
F10 Ile aux Chasseurs 46 47 03.7 56 06 45.4 ) 4643
FE L'Enfant Perdu 46 46 03.2 56 08 59.6 )
Cap Noir )
5. The corrections to be applied to the charted coordinates to place them on NAD 83 were obtained
from information supplied by the Agent for Canada under cover of his letter to the Registrar dated 2 July
1991. This information indicates, inter alia, that the corrections to be applied to the large scale Canadian
chart 4633, which charts the Canadian basepoints, are various and large, and that the smaller scale
(1/350,000) chart 4015 should be used. Information supplied by Mr. David H. Gray, of the Canadian
Hydrographic Service, is that the coordinates for the relevant Canadian basepoints listed in the Territorial
Sea and Fishing Zones Geographical Coordinates Order were taken off this smaller scale chart. Having
checked those coordinates, I have applied the appropriate corrections to them for chart 4015, which are
+0."1 in latitude and -2."7 in longitude (minus representing a decrease in westerly longitude).
6. The corrections to be applied to both charts 4626 and 4643 were -0."1 in latitude and -2."9 in
longitude.
7. The controlling base points for the turning or intersection points along the line of delimitation are
listed below:
Turning point Basepoints
A C1, F1
B C1, F1, F2
C C1, C2, F2
D C2, F2
E F2, F3
F F3, F4
G F4, F5
H F5, F6
I F6, F7
J, M, and N F7
Q F8
R F8, F9
S F9, F10

5
8. The western and eastern limits of the southward projection described at paragraph 71 of the
Decision are determined by Pointe Plate (F3) and Cap Noir (FE).
These give:
Mean latitude 46Ε 47' 39."9N.
Mean longitude 56Ε 16' 39."4W

The distance between the meridians passing through F3 and FE at the mean latitude is 19,502.5
metres, so that any point on the western or eastern limits must lie approximately 9,751.25 metres west or
east respectively of the central meridian of 56Ε 16' 39."4 West.
9. The limits described by the Court for this sector are "small circles" and are neither geodetic lines
nor rhumb lines. A geodetic line is the closer approximation, but because positions have been given to 0.1
arc seconds it has been necessary to determine two intermediate points along each limit in order to reduce
the divergence of the geodesics from the small circles to a value commensurate with the degree of precision
being quoted. These are points K, L, O and P.
10. The line of delimitation has been illustrated on copies of Canadian chart 4490, which although no
longer published was selected as the largest- scale chart embracing the area. The turning points of the line
have been plotted by their geographical coordinates on NAD (83) as given in the Decision, but because of
Datum differences on the chart the first five points (9 to D) appear to lie further from the coast of
Newfoundland than is actually the case.
P. B. BEAZLEY

6
7
Denmark and Norway
Case concerning the Maritime Delimitation in the Area between Greenland and Jan
Mayen (Denmark v. Norway), International Court of Justice, Judgment1
14 June 1993
(excerpts)
91. The delimitation line is to lie between the median line and the 200-mile line from the baselines of
eastern Greenland. It will run from point A in the north, the point of intersection of those two lines, to a
point on the 200-mile line drawn from the baselines claimed by Iceland, between points D and B on sketch-
map No. 2 (p. 80 below). For the purposes of definition of the line, and with a view to making proper
provision for equitable access to fishery resources, the area of overlapping claims will be divided into three
zones, as follows. Greenland’s 200-mile line (between points A and B on sketch-map No.2) shows two
marked changes of direction, indicated on the sketch-map as points I and J; similarly the median line shows
two corresponding changes of direction, marked as points K and L. Straight lines drawn between point I
and point K, and between point J and point L, thus divide the area of overlapping claims into three zones, to
be referred to, successively from south to north, as zone 1, zone 2 and zone 3.
92. The southernmost zone, zone 1, corresponds essentially to the principal fishing area referred to in
paragraph 73 above. In the view of the Court, the two Parties should enjoy equitable access to the fishing
resources of this zone. For this purpose a point, to be designated point M, is identified on the 200-mile line
claimed by Iceland between points B and D, and equidistant from those points, and a line is drawn from
point M so as to intersect the line between points J and L, at a point designated point N, so as to divide zone
1 into two parts of equal area. The dividing line is shown on sketch-map No, 2 as the line between points N
and M. So far as zones 2 and 3 are concerned, it is a question of drawing the appropriate conclusions, in
the application of equitable principles from the circumstance of the marked disparity in coastal lengths,
discussed in paragraphs 61 to 71 above. The Court considers that an equal division of the whole area of
overlapping claims would give too great a weight to this circumstance. Taking into account the equal
division of zone 1, it considers that the requirements of equity would be met by the following division of
the remainder of the area of overlapping claims: a point (O on sketch-map No. 2) is to be determined on the
line between I and K such that the distance from l to O is twice the distance from O to K; the delimitation
of zones 2 and 3 is then effected by the straight line from point N to this point O, and the straight line from
point O to point A.
93. The co-ordinates of the various points mentioned have been calculated as follows on the basis of
the information supplied by each Party to the Court as to the base points on the coasts of its territory, and
are included here for the information of the Parties:
(World Geodetic System, 1984)
Latitude North Longitude West
74º 21' 46.9 5º 00'27.7 =A
72º 28' 35.9 9º 23'09.4" =I
7lº32'58.4 11º 11'23.6 =J
69º 34'43,3 12º 09'25.5 =B
69º 38'26.8 12º 43'21.1 =C
70º 12'50.5 15º 10'21.8 =D
72º 07'16.0 14º 40 25.4 =L
73º 0l'42.5 12º 25'23.2 =K
69º 54'26.9 13º 38'01.0 =M
71º 50'00.8 12º 50'48,2 =N
72º 50'58.7 11º 23'23.2 =O
All straight lines referred to in paragraphs 91 and 92 are geodetic lines.

1
I.C.J. Reports 1993, p.38.

8
94. For these reasons,
THE COURT,
By fourteen votes to one,
Decides that, within the limits defined
(l) to the north by the intersection of the line of equidistance between the coasts of EasternGreenland and
the western coasts of Jan Mayen with the 200-mile limit calculated as from the said coasts of Greenland,
indicated on sketch-map No. 2 as point A, and
(2) to the south, by the 200-mile limit around Iceland, as claimed by Iceland, between the points of
intersection of that limit with the two said lines, indicated on sketch-map No. 2 as points B and D,
the delimitation line that divides the continental shelf and fishery zones of the Kingdom of Denmark and
the Kingdom of Norway is to be drawn as set out in paragraphs 91 and 92 of the present judgment.

Done in English and in French, the English text being authoritative, at the Peace Palace, The Hague, this
fourteenth day of June, one thousand nine hundred and ninety-three, in three copies, one of which will be
placed in the archives of the Court and the others transmitted to the Government of the Kingdom of
Denmark and the Government of the Kingdom of Norway, respectively.

9
10
Agreement between the Kingdom of Denmark and the Kingdom of Norway
concerning the delimitation of the continental shelf in the area
between Jan Mayen and Greenland and concerning the boundary
between the fishery zones in the area1
18 December 1995
The Government of the Kingdom of Norway and the Government of the Kingdom of Denmark,
Referring to the judgment of the International Court of Justice of 14 June 1993 in the case
concerning maritime delimitation in the area between Greenland and Jan Mayen,2
Having agreed to draw the delimitation line between the fishery zones and to delimit the
continental shelf in accordance with that judgment,
Having in this connection completed a geodetic calculation of the delimitation criteria laid down
by the Court,
Desiring to continue cooperation on reciprocal fisheries and on the flexible exploitation of the
living marine resources in the area,
Having also agreed that a final determination of the further course of the delimitation line south of
point No. 4 as specified in the Agreement must be effected in consultation with Iceland,
Have agreed as follows:

Article 1

The delimitation line between the Parties' parts of the continental shelf in the area between
Greenland and Jan Mayen is established as straight lines between the following points, in the order
indicated below:
Point No. 1 74° 21' 46.9"N 05° 00' 27.7" W
Point No. 2 72° 49' 22.2"N 11° 28' 28.7" W
Point No. 3 71° 52' 50.8"N 12° 46' 01.3" W
Point No. 4 69° 54' 34.4"N 13° 37' 46.4" W
All straight lines are geodetic lines.
The points listed above are defined by geographic latitude and longitude in accordance with the
World Geodetic System 1984 (WGS84).
By way of illustration, the delimitation line and the points listed above have been drawn on the
sketch-map annexed to this Agreement.

Article 2

If natural resources are discovered in or on the continental shelf of one of the Parties and the other
Party is of the opinion that the said resources extend onto its continental shelf, the latter Party may by
presenting the evidence on which the opinion is based, e.g. geological or geophysical data, submit this
opinion to the first-mentioned Party.

1
Original: Danish and Norwegian. United Nations Treaty Registration No. 32441. 23 January 1996

2
Case concerning the Maritime Delimitation in the Area between Greenland and Jan Mayen (Denmark v. Norway), International
Court of Justice, Judgment, 14 June 1993. Law of the Sea Bulletin No. 24, p. 57; see also p. [8] above.

11
If such an opinion is put forward, the Parties shall institute deliberations, at which the information
available to both of the Parties is submitted, on the extent of the resources and the possibility of
exploitation. If it is established in the course of these deliberations that the resources extend across both
Parties' parts of the continental shelf and that the resources in one of the Parties' areas are exploitable,
wholly or in part, from that of the other Party or that the exploitation of the resources in one of the Parties'
areas would affect the possibility of exploiting the resources in that of the other Party, an agreement shall
be made, at the request of either of the Parties, concerning exploitation of the said resources.

Article 3

The boundary between the fishery zone around Jan Mayen and the fishery zone around Greenland
coincides with the delimitation line specified in article 1.

Article 4

This Agreement shall be signed and enters into force upon signature.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective
Governments for that purpose, have signed the present Agreement.
DONE in duplicate at Oslo on 18 December 1995 in the Norwegian and Danish languages, both
texts being equally authoritative.

12
13
Additional Protocol to the Agreement of 18 December 1995 between the Kingdom
of Norway and the Kingdom of Denmark concerning the delimitation of the
continental shelf in the area between Jan Mayen and Greenland and the Boundary
between the fishery zones in the area1
11 November 1997
The Government of the Kingdom of Norway and the Government of the Kingdom of Demnark,
hereinafter referred to as the Parties,
Having regard to the Agreement of 18 December 1995 concerning the Delimitation of the
Continental Shelf in the Area between Jan Mayen and Greenland and the Boundary between the Fishery
Zones in the Area,
Having further regard to consultations between the Kingdom of Norway, the Kingdom of
Denmark and the Republic of Iceland concerning the final delimitation of the maritime waters between Jan
Mayen, Greenland and Iceland, which led to agreement on the determination of point 1 as described in
Article 1 below, where the delimitation lines of the three states intersect,
Have agreed as follows:

Article 1

From point 4 as described in article 1 of the Agreement of 18 December 1995, the demarcation
line between the Parties' parts of the continental shelf and between the fishery zones in the area continues
as a straight geodetic line to the point specified below:
Point 5: 69° 35'00" N 13° 16'00" W
The above-mentioned point is defined by its geographical latitude and longitude in accordance
with the World Geodetic System 1984 (WGS 84).
The delimitation line from the above-mentioned point 4 to the above-mentioned point 5 is, for
illustrative purposes, drawn on the map appended to this additional protocol.

Article 2

This Additional Protocol enters into force when the Parties have notified each other in writing that
the procedures necessary thereto have been completed and the Government of the Republic of Iceland has
notified both Parties in writing that the determination of the point as described in Article 1 is confirmed.
The date of entry into force is the date on which these conditions have been fulfilled.
DONE at Helsinki on 11 November 1997 in two originals in the Norwegian and Danish
languages, both texts being equally authentic.
For the Government of the Kingdom of Norway For the Government of the Kingdom of Denmark

1
Submitted by the Government of Norway. United Nations Treaty registration No. A-32441, 17 February 2000.

14
15
Iceland and Norway
Additional Protocol to the Agreement of 28 May 1980 between Norway and Iceland
concerning fishery and continental shelf questions and the Agreement derived
therefrom of 22 October 1981 on the continental shelf between Jan Mayen and
Iceland1
11 November 1997
The Government of the Kingdom of Norway and the Government of the Republic of Iceland,
hereinafter referred to as the Parties,
Having regard to the Agreement of 28 May 1980 between the Parties on Fishery and Continental
Shelf Questions and the Agreement derived therefrom of 22 October 1981 on the Continental Shelf
between Jan Mayen and Iceland,
Having further regard to consultations between the Kingdom of Norway, the Republic of Iceland
and the Kingdom of Denmark concerning the final delimitation of the maritime waters between Jan Mayen,
Iceland and Greenland, which led to agreement on the determination of point 1 as described in article 1
below, where the delimitation lines of the three states intersect,
Have agreed as follows:

Article 1

The delimitation line between the Parties' parts of the continental shelf and between the fishery
zones in the area shall include a straight geodetic line between the following points:
Point 1: 69° 35'00" N 13° 16'00" W
Point 2: 69° 34'42" N 12° 09'24" W
The above-mentioned points are defined by their geographical latitude and longitude in
accordance with the World Geodetic System 1984 (WGS 84).
The delimitation line between the above-mentioned points is, for illustrative purposes, drawn on
the map appended to this Additional Protocol.

Article 2

This Additional Protocol enters into force when the Parties have notified each other in writing that
the procedures necessary thereto have been completed and the Government of the Kingdom of Denmark
has notified both Parties in writing that the determination of point 1 as described in article 1 has been
confirmed. The date of entry into force is the date on which these conditions have been fulfilled.
DONE at Helsinki on 11 November 1997 in two originals in the Norwegian and Icelandic
languages, both texts being equally authentic.
For the Government of the Kingdom of Norway: For the Government of the Republic of Iceland:

1
Submitted by the Government of Norway.

16
17
Denmark and Iceland
Agreement between the Government of the Kingdom of Denmark
along with the Local Government of Greenland, on the one hand,
and the Government of the Republic of Iceland, on the other hand, on the
delimitation of the continental shelf and the fishery zone
in the area between Greenland and Iceland1
11 November 1997
The Government of the Kingdom of Denmark along with the Local Government of Greenland on
the one hand and the Government of the Republic of Iceland on the other hand,
Wishing to maintain and strengthen the good-neighbourly relations between Denmark/Greenland
and Iceland,
Have agreed as follows:

Article 1

The boundary line between the Parties’ parts of the continental shelf and the fishery zone in the
area between Greenland and Iceland is based on the median line between the relevant coastlines of
Greenland and Iceland together with the negotiating results of 28 June 1997 and is fixed as straight lines
between the following points in the order which is indicated below:
A. 69°35'.0"N 13°16'.0"W
B. 69°21'.4"N 13°33'.6"W
C. 69°05'.1"N 15°21'.3"W
D. 69°03'.0"N 15°45'.1"W
E. 68°45'.8"N 17°20'.2"W
F. 68°24'.5"N 20°00'.0"W
G. 68°08'.2"N 21°45'.0"W
H. 67°49'.5"N 23°21'.6"W
I. 67°37'.8"N 24°26'.5"W
J. 67°22'.9"N 25°36'.0"W
K. 67°03'.9"N 26°33'.4"W
L. 66°57'.3"N 26°59'.7"W
M. 66°38'.4"N 27°45'.9"W
N. 66°12'.7"N 28°58'.7"W
O. 65°13'.0"N 29°51'.4"W
P. 63°55'.4"N 30°34'.9"W
Q. 63°18'.8"N 30°51'.8"W

1
Unofficial translation. Entered into force on 27 May 1998. United Nations Treaty registration No [ ], 1 August 1999.

18
All straight lines are geodesic lines. The agreed-upon line is defined by geographic latitude and
longitude in accordance with the World Geodesic System 1984 (WGS84). The line shall be subject to a
technical revision before 1 January 1999.
By way of illustration, the boundary line and the above-mentioned points have been drawn on the
sketch map annexed to this Agreement.2
The boundary point A has been established in cooperation with the Kingdom of Norway and shall
be confirmed through bilateral agreements with the Government of the Kingdom of Norway.

Article 2

If natural resources are found in or on the continental shelf of one of the Parties and the other
Party is of the opinion that the resources extend onto its continental shelf, the latter Party may, by
presenting the evidence upon which the opinion is based, e.g., geological or geophysical data, submit this to
the first-mentioned Party.
If such an opinion is submitted, the Parties shall initiate discussions on the extent of the resources
and the possibility for exploitation, with a presentation of each of the Parties’ information hereon. If it is
established during these discussions that the resources extend across both Parties’ parts of the continental
shelf and also that the resources in the area of one Party can be exploited wholly or in part from the area of
the other Party or that the exploitation of the resources in the area of one Party would affect the possibility
of exploitation of the resources in the area of the other Party, an agreement concerning the exploitation of
the resources shall be made at the request of one of the Parties.

Article 3

This Agreement is without prejudice to other delimitation questions between the Kingdom of
Denmark and the Republic of Iceland.

Article 4

This Agreement shall enter into force when the Parties have informed each other in writing that
the necessary procedures have been concluded. However, the provision on the coordinates of boundary
point A shall only enter into force when the Government of the Kingdom of Norway has informed the
Parties in writing that the determination of that point has been confirmed.
DONE at Helsinki on 11 November 1997 in duplicate in the Danish and Icelandic languages, both
texts being equally authentic.
For the Government For the Local Government For the Government of the
of the Kingdom of Denmark: of Greenland: Republic of Iceland:

2
For technical reasons, the sketch map is not reproduced.

19
20
Denmark and the United Kingdom of Great Britain
and Northern Ireland
Agreement between the Government of the Kingdom of Denmark together with the
Home Government of the Faroe Islands, on the one hand,
and the Government of the United Kingdom of Great Britain
and Northern Ireland, on the other hand, relating to maritime delimitation in the
area between the Faroe Islands and the United Kingdom 1
18 May 1999
The Government of the Kingdom of Denmark together with the Home Government of the Faroe
Islands, on the one hand, and the Government of the United Kingdom of Great Britain and Northern
Ireland, on the other hand, (“the Parties”),
Having agreed to delimit the continental shelf in the area between the Faroe Islands and the United
Kingdom within 200 nautical miles from the baselines from which the territorial sea of each Party is
measured (“the Area”),
Having further agreed to delimit the waters superadjacent to the continental shelf in part of the
Area and to establish a special regime for the remaining part (“the Special Area”),
HAVE AGREED as follows:

Article 1

1. The continental shelf boundary in the Area shall be a series of geodetic lines joining, in the order
specified, the points listed in Schedule A to this Agreement.
2. By way of illustration, the boundary line and the points listed in Schedule A have been drawn on
chart A annexed to this Agreement.2
3. In the north-east, the termination point of the boundary line is the equidistant tripoint between the
Faroe Islands, Norway and the United Kingdom. In the south-west, the termination point of the boundary
line is a point situated 200 nautical miles calculated from the territorial sea basepoints on Mykinesholmur
and on St. Kilda, respectively.

Article 2

1. If an accumulation of petroleum or any other mineral deposit is found in or on the continental


shelf of one of the Parties and the other Party is of the opinion that the accumulation or deposit extends
onto its continental shelf, the latter Party may, by presenting the evidence upon which the opinion is based,
submit this to the first-mentioned Party.
2. If such an opinion is submitted, the Parties shall initiate discussions on the extent of the
accumulation or deposit and the possibility for exploitation. At these discussions, the Party initiating them
shall support its opinion by evidence from geophysical data and geological data, including in due course
drilling data, and both Parties shall use their best efforts to ensure that all relevant information is made
available for the purposes of the discussions. If it is established during these discussions that the
accumulation or deposit extends onto the continental shelf of both Parties and also that the minerals in the
continental shelf of the one Party can be exploited wholly or in part from the continental shelf of the other
Party or that the exploitation of the minerals in the continental shelf of the one Party would affect the

1
United Kingdom Hydrographic Office, Law of the Sea Division, United Kingdom.

2
For technical reasons, chart A is not reproduced.

21
possibility of exploitation of the minerals in the continental shelf of the other Party, agreement shall be
reached at the request of one of the Parties particularly as to the manner in which any such accumulation or
deposit shall be most effectively exploited and the proceeds relating thereto shall be apportioned.
3. The Parties shall make every effort to resolve any disagreement as rapidly as possible. If,
however, the Parties fail to agree during the discussions, they shall jointly consider all of the options for
resolving the impasse including inviting the opinion of independent experts.

Article 3

1. The boundary which separates the respective fishing zones of the Parties in the Area and within
which the Parties exercise, or will exercise, in addition to those pertaining to the continental shelf, any
sovereign rights or jurisdiction which are conferred on coastal States by international law, shall be geodetic
lines joining, in the order specified, the points listed as points A to L and as points R to T in Schedule B to
this Agreement.
2. By way of illustration, the boundary line and the points listed in Schedule B have been drawn on
chart B annexed to this Agreement.

Article 4

1. In the area between points L and R listed in Schedule B, the Special Area, each Party is entitled to
exercise its jurisdiction and rights in accordance with the provisions of articles 5, 6 and 7.
2. The Special Area is described by the coordinates in Schedule C to this Agreement and, by way of
illustration, drawn on chart C annexed to this Agreement.

Article 5

With regard to fisheries jurisdiction and rights in the Special Area, each Party shall continue as
heretofore:
(a) To apply the relevant rules and regulations applicable within its zone of fisheries
jurisdiction concerning the management, including the issuing of fishing licences, and conduct of fisheries;
(b) To refrain from inspection and control of fishing vessels which operate in the Special
Area solely under a licence issued by the other Party;
(c) To refrain from any action that would disregard or infringe upon the exercise of fisheries
jurisdiction by the other Party or the conduct of fisheries under licence issued by the other Party.

Article 6

With regard to the exercise of its continental shelf jurisdiction and rights in the Special Area, each
Party shall:
(a) Take all possible steps to prevent and eliminate pollution from its offshore activities, in
accordance with the Convention for the Protection of the Marine Environment of the North-East Atlantic,
done at Paris on 22 September 1992, particularly annex III thereof as amended from time to time;
(b) Take due account of the interest of the other Party in maintaining its fishing possibilities;
(c) Take measures to avoid unnecessary interference with fishing carried out under licence
issued by the other Party;
(d) Ensure that the other Party is given timely notification concerning any activity which
may have a negative impact upon the marine environment or the fisheries under licence issued by the other
Party, if the Party either has authorized that activity or has been notified of it;
(e) Encourage its national bodies or funds that compensate fishing vessels for damage arising
from such activities to extend such compensation schemes to fishing vessels registered in the other Party;

22
(f) Encourage, and as soon as practicable ensure, that exploration or production licensees
have suitable coordination between, on the one hand, the seismic survey and supply vessel owners they
employ and their masters and, on the other hand, the authorities or organizations which represent the
fishing industry of the other Party, in order to promote good working relationships between the various
parties.

Article 7

With regard to the exercise in the Special Area of jurisdiction and rights which are conferred on
coastal States by international law, other than such jurisdiction or rights that follow directly from
continental shelf or fisheries jurisdiction, each Party shall refrain from exercising such jurisdiction or rights
without the agreement of the other Party and shall cooperate with the other Party, notably on measures to
protect the marine environment.

Article 8

Each Party may through the diplomatic channel call for consultations with the other Party with a
view to reaching agreement on any issue pertaining to articles 5, 6 and 7 of this Agreement. Such
consultations shall be held not later than sixty days after receipt of the request.

Article 9

When in the present Agreement reference is made to “licence issued by the other Party” this
wording shall in the case of the United Kingdom be understood to include licences issued by the United
Kingdom, another State member of the European Community or the European Commission on behalf of
the European Community.

Article 10

This Agreement shall be without prejudice to any claim of either Party outside the Area.

Article 11

1. Each Party shall notify the other of the completion of its internal procedures required to enable
this Agreement to enter into force.
2. This Agreement shall enter into force on the date of receipt of the later of these notifications.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective
Governments, have signed this Agreement.
DONE in duplicate at Torshavn this eighteenth day of May 1999 in the Danish, the Faroese and
the English languages, all three texts being equally authoritative.
For the Government of the Kingdom For the Government of the United Kingdom For the Government
of Denmark: of Great Britain and Northern Ireland: of the Faroe Islands:
[Niels Helveg Petersen] [Tony Lloyd] [Anfinn Kallsberg]

Schedule A (cf. article 1)

A 63° 53’ .224” N 00° 29’ .444 “W (ETRS89)


(A 63° 53’ 14.93” N 00° 29’ 19.55” W (ED50))
B 63° 40’ .649" N 00° 47’ .736" W
C 61° 59’ .233" N 03° 03’ .325" W

23
D 61° 52’ .114" N 03° 11’ .729" W
E 61° 21’ .611" N 03° 47’ .898" W
F 61° 07’ .651" N 03° 59’ .619" W
G 61° 04’ .449" N 04° 02’ .425" W
H 61° 02’ .757" N 04° 03’ .859" W
I 60° 54’ .979" N 04° 10’ .497" W
J 60° 51’ .809" N 04° 14’ .008" W
K 60° 47’ .717" N 04° 18’ .541" W
L 60° 24’ .077" N 04° 44’ .272" W
M 60° 21’ .101" N 04° 56’ .672" W
N 60° 18’ .754" N 05° 24’ .195" W
O 59° 56’ .450" N 09° 00’ .660" W
P 60° 00’ .951" N 10° 20’ .853" W
Q 60° 02’ .137" N 10° 50’ .778" W
R 60° 02’ .833" N 11° 16’ .458" W
S 60° 07’ .306" N 12° 17’ .622" W
T 60° 09’ .031" N 13° 16’ .199" W
The points are defined by geographic latitude and longitude in accordance with European
Terrestrial Reference System 1989 (ETRS89).
Above-mentioned point A is identical with point A in Schedule B, converted from ED50 applied
there to ETR89.

Schedule B (cf. article 3)

A 63° 53’ 14.93” N 00° 29’ 19.55” W


B 63° 40’ 40” N 00° 47’ 37” W
C 61° 59’ 16” N 03° 03’ 13” W
D 61° 52’ 09” N 03° 11’ 37” W
E 61° 21’ 39” N 03° 47’ 47” W
F 61° 07’ 41” N 03° 59’ 30” W
G 61° 04’ 29” N 04° 02’ 19” W
H 61° 02’ 48” N 04 ° 03’ 45” W
I 60° 55’ 01” N 04° 10’ 23” W
J 60° 51’ 51” N 04° 13’ 54” W
K 60° 47’ 45” N 04° 18’ 26” W
L 60° 24’ 07” N 04° 44’ 10” W
R 60° 02’ 53” N 11° 16’ 20” W
S 60° 07’ 21” N 12° 17’ 30” W
T 60° 09’ 05” N 13° 16’ 05” W

24
The points are defined by geographic latitude and longitude in accordance with European Datum
(First Adjustment 1950) (ED50).
Point A is identical with position 26 in the Protocol of 22 December 1978 Supplementary to the
Agreement of 10 March 1965 between the Government of the United Kingdom of Great Britain and
Northern Ireland and the Government of the Kingdom of Norway relating to the Delimination of the
Continental Shelf between the Two Countries as well as with point 1 in the Agreement of 15 June 1979
between the Government of the Kingdom of Denmark and the Government of the Kingdom of Norway
concerning the Delimination of the Continental Shelf in the Area between the Faroe Islands and Norway
and concerning the Boundary between the Fisheries Zone around the Faroe Islands and the Norwegian
Economic Zone.

Schedule C (cf. article 4)

L 60° 24’ 07” N 04° 44’ 10” W


S1 60° 21’ 08” N 04° 56’ 34” W
S2 60° 18’ 47” N 05° 24’ 05” W
S3 60° 13’ 10” N 06° 24’ 56” W
S4 59° 59’ 35” N 09° 43’ 30” W
S5 60° 02’ 28” N 10° 33’ 29” W
S6 60° 03’ 08” N 10° 52’ 50” W
R 60° 02’ 53” N 11° 16’ 20” W
L 60° 24’ 07” N 04° 44’ 10” W
F1 60° 21’ 55” N 04° 46’ 31” W
F2 60° 09’ 56” N 05° 13’ 36” W
F3 60° 01’ 35” N 05° 32’ 03” W
F4 59° 56’ 32” N 06° 04’ 48” W
F5 59° 49’ 50” N 08° 38’ 29” W
F6 59° 50’ 32” N 09° 33’ 55” W
F7 59° 57’ 28” N 10° 29’ 47” W
R 60° 02’ 53” N 11° 16’ 20” W
The points are defined by geographic latitude and longitude in accordance with European Datum
(First Adjustment 1950) (ED50).

25
26
B. North Sea

France and the United Kingdom of Great Britain


and Northern Ireland
Exchange of notes1 constituting an agreement amending
the Agreement between the Government of the French Republic
and the Government of the United Kingdom of Great Britain
and Northern Ireland relating to the delimitation of the continental shelf in the area
east of 30 minutes west of the Greenwich meridian (24 June 1982)2
21 and 27 March 1990

I
French Republic
Ministry of Foreign Affairs
No. 725/DJ/BG/CD

The Ministry of Foreign Affairs presents its compliments to the Embassy of the United Kingdom
of Great Britain and Northern Ireland and, with reference to the Franco-British Agreement relating to the
“delimitation of the continental shelf in the area east of 30 minutes west of the Greenwich Meridian”,
signed in London on 24 June 1982, has the honour to inform it of the following.
Due to a material error in the plotting of the Breedt bank coordinates which were used to
determine points 13 and 14 contained in the table in article 1 of the Agreement, British and French expert
hydrographers have agreed to modify the coordinates of those points as follows:
Position Latitude Longitude
13 51°20’11”N 2°02’18”E
14 51°30’14”N 2°07’18”E
If the modification receives the approval of the British authorities, the Ministry of Foreign Affairs
has the honour to propose to the Embassy of the United Kingdom of Great Britain and Northern Ireland
that this note verbale, together with that to be sent by the Embassy in reply, should constitute and
amendment to the Agreement signed between our two Governments on 24 June 1982 relating to the
delimitation of the continental shelf in the area east of 30 minutes west of the Greenwich Meridian, which
shall enter into force on the date when the Embassy’s reply is received.
The Ministry of Foreign Affairs takes this opportunity, etc.
Paris, 21 March 1990
Embassy of the United Kingdom of Great Britain and Northern Ireland
Paris

1
United Nations Treaty registration No. 21924, 30 October 1990, Authentic text: French.

2
For the text of the 1982 Agreement, see The Law of the Sea, Maritime Boundary Agreements (1970-1984) (United Nations
publication, Sales No. E.87.V.12).

27
II
Note No. 58

The British Embassy presents its compliments to the Ministry of Foreign Affairs and has the
honour to refer to its note No. 725/DJ/BG/CD of 21 March 1990, which reads as follows:
[See Note I]
In reply, the Embassy has been instructed to inform the Ministry that the aforementioned proposal
meets with the approval of the Government of the United Kingdom of Great Britain and Northern Ireland,
and that, consequently, the Ministry’s note and this note verbale constitute and amendment to the
Agreement signed between the two Governments on 24 June 1982 relating to the delimitation of the
continental shelf in the area east of 30 minutes west of the Greenwich Meridian. The amendment shall take
effect on the date of this note.
The British Embassy takes this opportunity, etc.
British Embassy
Paris, 27 March 1990

28
Agreement between the Government of the French Republic
and the Government of the United Kingdom of Great Britain
and Northern Ireland relating to the completion of the delimitation
of the continental shelf in the southern North Sea1
23 July 1991
The Government of the French Republic and the Government of the United Kingdom of Great
Britain and Northern Ireland;
Recalling article 2(2) of their Agreement of 24 June 1982 relating to the delimitation of the
continental shelf in the area east of 30 minutes West of the Greenwich meridian, according to which the
delimitation from point 14 to the tripoint between the boundaries of the continental shelf appertaining
respectively to the Parties and to the Kingdom of Belgium is to be completed at the appropriate time by
application of the same methods as were utilized for the definition of the boundary line between points 1
and 14;
Noting that, following the discovery of a material error in the coordinates used for the Banc Breedt
in 1982, the coordinates of points 13 and 14 were corrected by the Note from the Ministry of Foreign
Affairs to the British Embassy in Paris dated 21 March 1990 and the Embassy's Note in reply dated 27
March 1990;
Desiring to complete the definition of the boundary beyond point 14;
Have agreed as follows:

Article 1

1. The tripoint between the boundaries of the continental shelf appertaining respectively to the
Parties and to the Kingdom of Belgium shall be defined on European Datum (1st Adjustment 1950), as
follows:
Point 15: Lat. 51° 33' 28"N Long. 2° 14' 18"E
2. The boundary between the parts of the continental shelf which appertain to the United Kingdom
and the French Republic respectively in the area of the southern North Sea shall be a loxodrome joining
points 14 and 15.
3. The boundary defined in paragraph 2 is illustrated on the chart annexed to this Agreement.

Article 2

It is hereby recorded that the corrected coordinates for points 13 and 14 are as follows:
Point 13: Lat. 51° 20' 11"N Long. 2° 02' 18"E
Point 14: Lat. 51° 30' 14"N Long. 2° 07' 18"E

Article 3

1. Each Contracting Party shall notify the other of the completion of the constitutional procedures
required for the entry into force of this Agreement.
2. The Agreement shall enter into force on the date when the last notification is received.

1
With map. Original: English and French. United Nations Treaty registration No. 29182, 22 October 1992.

29
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective
Governments, have signed the present Agreement.
DONE in duplicate at London this 23rd day of July 1991 in the English and French languages,
both texts equally authoritative.

30
31
Exchange of Notes constituting an agreement between the Government of the
French Republic and the Government of the United Kingdom of Great Britain and
Northern Ireland concerning negotiations on the line of maritime delimitation in the
area lying between Jersey and France1
28 January 1994

I
Note No. 19/94

Her Britannic Majesty's Embassy presents its compliments to the Ministry of Foreign Affairs and
has the honour to refer to the wish of the British Authorities to negotiate with the French Authorities the
line of maritime delimitation in the area lying between Jersey and France, taking account of the proposal to
extend the territorial waters around Jersey in conformity with international law. The French authorities
were informed of this proposal during the meeting held on 6 January 1993 in London.
The British and French parties agree, following discussions between them during meetings held on
12 August 1993, 29 November 1993 and 12 January 1994, on the following:
1. The British and French parties will begin without delay discussions with the object of
fixing a line of maritime delimitation in the area lying between Jersey and France.
2. Such a delimitation will not affect in any way the fishing regime of Granville Bay, as it
results from all the various texts agreed on that subject at bilateral and multilateral level.
3. The present Note will not prejudice the positions expressed orally and in writing by each
party on the questions raised during the meetings mentioned above.
Her Britannic Majesty's Embassy avails itself of this opportunity to renew to the Ministry of
Foreign Affairs the assurance of its highest consideration.
British Embassy
Paris
28 January 1994

II
Note No. 275/DJ

The Ministry of Foreign Affairs presents its compliments to the Embassy of the United Kingdom
of Great Britain and Northern Ireland and has the honour to acknowledge receipt of its note No. 19/94 of 28
January 1994, which reads as follows:
[See Note I]

1
With map. United Nations Treaty registration No. 30931, 29 April 1994.

32
The Ministry of Foreign Affairs has the honour to inform the Embassy of the United Kingdom of
Great Britain and Northern Ireland of the agreement of the French Government with the foregoing
provisions.
The Ministry of Foreign Affairs takes this opportunity, etc.
Paris, 28 January 1994
Ministry of Foreign Affairs
Legal Department

33
Exchange of Notes constituting an agreement between the Government of the
United Kingdom of Great Britain and Northern Ireland and the Government of the
French Republic concerning the activities of fishermen in the vicinity
of the Channel Islands and the French Coast of the Cotentin Peninsula1
10 July 1992

I
Her Britannic Majesty’s Embassy at Paris
to the Ministry of External Relations of the French Republic

Note 135/92 10 July 1992

Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs and
has the honour to refer to recent discussions which have taken place between representatives of the British
and French Governments about the existing neighbourhood relations regarding activities by local coastal
fishermen in the vicinity of the Channel Islands and the French coast of the Cotentin peninsula and, in
particular, about the question of French fishing on the Schole Bank. During the course of these discussions,
the British representatives informed the French representatives of the following:
(a) With effect from 1 September 1992, the authorities in the Bailiwick of Guernsey will exercise
technical controls over fishing activities, corresponding to the measures mentioned in paragraph (b) below,
within a limit extending to a maximum of 12 nm from the baselines, including powers to prosecute
breaches of the regulations applicable in those waters, thereby averting any practical need to take small
French vessels to English ports for trial.
(b) Subject to the provisions of paragraph (3) below, the authorities in the Bailiwick of Guernsey will
prescribe and enforce measures reflecting the technical conservation and management measures relating to
sea fishing made from time to time by the European Communities and applicable in ICES Area VIIe.
(c) A limit has been laid down for the Bailiwick of Guernsey in the waters situated towards the
Bailiwick of Jersey for the purposes of controls over fisheries.
In the light of these discussions, the British Government has the honour to propose the following:
(1) The limits for the purposes of controls over fisheries in the waters situated between the Bailiwick
of Guernsey and France shall be Line A and Line B. as defined below: Line A is composed of loxodromes
joining the following points defined by coordinates of latitude and longitude on European Datum
(first Adjustment 1950):
1. 49º 55' 23" N 02º 03' 12" W (12 n.m. Limit)
2. 49º 48' 34" N 02º 02' 56" W
3. 49º 45' 18" N 02º 03' 28" W
4. 49º 45' 08" N 02º 03' 30" W
5. 49º 44' 09" N 02º 03' 34" W
6. 49º 40' 55" N 02º 03' 52" W
7. 49º 39' 03" N 02º 04' 54" W
8. 49º 38' 32" N 02º 05' 01" W
9. 49º 35' 52" N 02º 06' 16" W

1
Entered into force on 10 July 1992, the date of the note in reply, in accordance with the provisions of the said notes. Authentic texts
of the Exchange of notes: English and French. Authentic text of the lists: French. United Nations Treaty registration No. 30858, 28
March 1994.

34
10. 49º 32' 47" N 02º 07' 50" W
11. 49º 32' 36" N 02º 08' 04" W
12. 49º 32' 27" N 02º 08' 15" W
13. 49º 29' 52" N 02º 06' 56" W
14. 49º 27' 38" N 02º 05' 51" W
Line B is composed of loxodromes joining the following points defined by coordinates of latitude
and longitude on European data
(first Adjustment 1950):
15. 49º 13' 15" N 02º 33' 33" W
16. 49º 13' 29" N 02º 34' 16" W
17. 49º 13' 39" N 02º 34' 43" W
18. 49º 14' 39" N 02º 38' 19" W
19. 49º 15' 36" N 02º 41' 33" W
20. 49º 16' 13" N 02º 43' 57" W
21. 49º 16' 17" N 02º 44' 12" W
22. 49º 16' 47" N 02º 46' 38" W
23. 49º 18' 18" N 02º 56' 09" W
Lines A and B are shown, by way of illustration, on the chart attached to this note.
(2) Each French fisherman whose name and particulars are included on a list attached hereto may
continue his present fishing activity on the Schole Bank until retirement or at the latest until 1 January
2010, provided he continues when fishing on the Bank to use the same method of fishing and the same
vessel or one similar to that specified on the attached list. There are included on this list the French fisher-
men who visit the Schole Bank regularly.2
In addition, subject to the limit of four vessels per calendar day, each French fisherman whose
name and particulars are included on a second list attached hereto may continue, except during the months
of April and May, his present fishing activity on the Schole Bank until his retirement or at the latest until 1
January 2010, provided he continues when fishing on the Bank to use the same method of fishing and the
same vessel or one similar to that specified on the attached list. There are included on this list the French
fishermen who visit the Schole Bank occasionally.
The French authorities will communicate to the authorities of Guernsey each day for the day after
the following day, the names and related information of the vessels which have sought and received
authorization to fish on that day, commencing at 0001 hours European Standard Time. If a vessel has not
been so named, it may not fish on that day. If no vessels have sought and received authorization for that
day, this information will be communicated to the Guernsey authorities.
If a fisherman named on either list changes his vessel, the characteristics of the new vessel (length
between perpendiculars, horsepower and tonnage, as well as the name and registration numbers) shall be
communicated to the British authorities. The term “similar vessel” means one using the same method of
fishing and of which none of the above-mentioned characteristics is more than 10 per cent larger than those
of the original vessel.
The Schole Bank is the submerged bank situated to the east of Guernsey and delimited by
loxodromes joining the following points defined by coordinates of latitude and longitude on European
Datum (First Adjustment 1950):

2
This list is not reproduced herein.

35
1 49º 35' 30" N 02º 14' 30" W
2 49º 35' 3Q" N 02º 12' 00" W
3 49º 32' 54" N 02º 12' 00" W
4 49º 32' 54" N 02º 14' 30" W
5 49º 35' 30" N 02º 14' 30" W
The lines are shown, by way of illustration, on the chart attached to this note.
(3) The existing practices with regard to fishing by coastal fishermen from France and the Bailiwick
of Guernsey in the waters in the vicinity of the Channel Islands and the French coast of the Cotentin
peninsula, apart from the Schole Bank, will not be affected.
(4) If the authorities in the Bailiwick of Guernsey find it necessary in exceptional circumstances to
issue technical conservation measures which are different from the measures adopted by the European
Communities and in force at the time for ICES Area VIIe, in particular in the case of accidental pollution or
of a natural calamity, such measures shall as far as possible be transmitted to the French authorities before
their entry into force. Such regulations shall not be discriminatory in regard to French fishermen and shall
not have the effect of modifying the latters’ conditions of access to fishing zones except to the extent made
strictly necessary by this situation.
(5) The British and French competent authorities will be invited to continue to deal with possible
prosecutions of British fishermen in French waters and of French fishermen in British waters as quickly as
possible.
(6) The parties shall inform each other through diplomatic channels of any problem which may arise
over the application of the foregoing provisions. At the request of either party, they may meet in order to
examine the question and to deal with any matter in relation to the present note, including questions
concerning the conservation of the resources of the Schole Bank and the levels of fishing.
The above provisions do not prevent contacts between fishermen at the local level. Fishermen
shall be encouraged to discuss between themselves fishing problems which they meet.
If the foregoing proposals are acceptable to the Government of the French Republic, the Embassy
has the honour to propose that this note and the Ministry’s reply in that sense shall constitute an agreement
between the British and French Governments which shall enter into force on the date of the Ministry’s
reply.
Her Britannic Majesty’s Embassy avails itself of this opportunity to renew to the Ministry of
Foreign Affairs the assurance of its highest consideration.

II
French Republic
Ministry of Foreign Affairs

The Ministry of Foreign Affairs presents its compliments to the Embassy of the United Kingdom
of Great Britain and Northern Ireland and has the honour to acknowledge receipt of its Note No. 135/92 of
10 July 1992 which reads as follows:
[See Note I]
The Ministry of Foreign Affairs has the honour to inform the Embassy of the United Kingdom of
Great Britain and Northern Ireland of the French Government’s agreement to the foregoing provisions.
It avails itself of this opportunity to renew to the Embassy of the United Kingdom of Great Britain
and Northern Ireland the assurance of its highest consideration.

36
37
Belgium and United Kingdom of Great Britain
and Northern Ireland
Agreement between the Government of the United Kingdom of Great Britain and
Northern Ireland and the Government of the Kingdom of Belgium relating to the
delimitation of the continental shelf between the two countries1
29 May 1991
The Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the Kingdom of Belgium,
Desiring to establish the common boundary between their respective parts of the continental shelf,
taking full account of the current rules of international law on international boundaries in order to achieve
an equitable solution,
Have agreed as follows:

Article 1

1. The boundary between that part of the continental shelf which appertains to the United Kingdom
of Great Britain and Northern Ireland and that part which appertains to the Kingdom of Belgium shall be a
line composed of loxodromes joining in the sequence given the points defined as follows by their
coordinates:
1. 51° 33' 28" N 02°14'18"E
2. 51° 36' 47" N 02°15'12"E
3. 51°48'18"N 02°28'54"E
The positions of the points in this article are defined by latitude and longitude on European Datum (First
Adjustment 1950).
2. The dividing line has been drawn by way of illustration on the chart annexed to this Agreement.

Article 2

1. If any single geological mineral oil or natural gas structure or field, or any single geological
structure or field of any other mineral deposit extends across the boundary and the part of such structure or
field which is situated on one side of the boundary is exploitable, wholly or in part, from the other side of
the boundary, the Contracting Parties shall seek to reach agreement as to the exploitation of such structure
or field.
2. In this article the term "mineral" is used in its most general, extensive and comprehensive sense
and includes all non-living substances occurring on, in or under the ground, irrespective of chemical or
physical state.

1
Original: Dutch, English and French. Entered into force on 14 May 1993. United Nations Treaty registration No. 31712, 21 April
1995.

38
This Agreement shall enter into force on the date on which the two Governments exchange
notifications of their acceptance of this Agreement.
IN WITNESS THEREOF the undersigned, being duly authorized thereto by their respective
Governments, have signed this Agreement.
DONE in duplicate at Brussels the 29th day of May 1991, in the English, French and Dutch
languages, the three texts being equally authoritative.

39
40
Belgium and the Netherlands
Treaty between the Kingdom of the Netherlands and the Kingdom of Belgium on
the delimitation of the territorial sea1
18 December 1996
The Kingdom of the Netherlands and The Kingdom of Belgium
Desiring to establish the lateral boundary of the territorial sea between the Kingdom of Belgium
and the Kingdom of the Netherlands,
Have agreed as follows:

Article 1

1. The boundary between the territorial sea of the Kingdom of Belgium and the territorial sea of the
Kingdom of the Netherlands is formed by the great circles joining the following points, expressed in terms
of their coordinates, in the sequence given below:
Point 1: 51E22'25" N 03E21'52.5" E
Point 2: 51E22'46" N 03E21'14" E
Point 3: 51E27'00" N 03E17'47" E
Point 4: 51E29'05" N 03E12'44" E
Point 5: 51E33'06" N 03E04'53" E
2. The positions of the points in this article are defined by latitude and longitude on European Datum
(First Adjustment, 1950).
3. The dividing line defined in paragraph 1 has been drawn by way of illustration on the chart
annexed to this Agreement.

Article 2

The boundary formed by the points listed in article 1 is based on the principle of equidistance from
a maximal baseline, namely the low-water mark along the coast. The extension out to sea of the port of
Zeebrugge in Belgium and the "Rassen" shallows off the coast of the Netherlands have been taken into
account.

1
International journal of marine and coastal law, vol. 12, No. 4, p. 552.

41
Article 3

This Agreement shall enter into force on the first day of the second month following the date on
which the Contracting Parties notify each other in writing of the completion of the procedures required by
their domestic legislation for the entry into force of this Agreement.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective
Governments, have signed the present Agreement.
DONE at Brussels on 18 December 1996 in duplicate in the French and Dutch languages, both
texts being equally authoritative.
For The Kingdom Of The Netherlands: For The Kingdom Of Belgium:
[Signed] [Signed]
H. A. F. M. O. Van Mierlo E. Derycke
Minister for Foreign Affairs Minister for Foreign Affairs

42
43
Treaty between the Kingdom of the Netherlands and the Kingdom of Belgium on
the delimitation of the continental shelf1
18 December 1996
The Kingdom of the Netherlands and The Kingdom of Belgium,
Desiring in the framework of good-neighbourly relations to achieve a solution acceptable to both
Contracting Parties concerning the lateral delimitation of the continental shelf,
Have agreed as follows:

Article 1

1. The boundary between the continental shelf of the Kingdom of Belgium and the continental shelf
of the Kingdom of the Netherlands is formed by the great circle joining the following points expressed in
terms of their coordinates in the sequence given below:
Point 5: 51E33'06" N 03E04'53" E
Point 6: 51E52'34,012" N 02E32'21.599" E
2. The positions of the points in this article are defined by latitude and longitude on European Datum
(First Adjustment, 1950).
3. The dividing line defined in paragraph 1 has been drawn by way of illustration on the chart
annexed to this Agreement.

Article 2

In the event that one of the Contracting Parties decides to create an exclusive economic zone, the
coordinates given in article 1 shall be used for the lateral delimitation of such a zone.

Article 3

This Agreement shall enter into force on the first day of the second month following the date on
which the Contracting Parties notify each other in writing of the completion of the procedures required by
their domestic legislation for the entry into force of this Agreement.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective
Governments, have signed the present Agreement.
DONE at Brussels on 18 December 1996 in duplicate in the French and Dutch languages, both
texts being equally authoritative.
For The Kingdom Of The Netherlands: For The Kingdom Of Belgium:
[Signed] [Signed]
H. A. F. M. O. Van Mierlo E. Derycke
Minister for Foreign Affairs Minister for Foreign Affairs

1
International journal of marine and coastal law, vol. 12, No. 4, p. 552.

44
45
B. Baltic Sea

Germany and Poland


Treaty between the Federal Republic of Germany and the Republic of Poland on the
confirmation of the frontier between them1
14 November 1990
The Federal Republic of Germany and the Republic of Poland,
Endeavouring to establish their mutual, future-oriented relations in accordance with international
law, in particular the Charter of the United Nations and the Final Act of the Conference on Security and
Cooperation in Europe, signed at Helsinki, and documents of subsequent meetings of the Conference,
Resolved to contribute jointly to the establishment of a European peace order in which frontiers
will no longer divide and which will guarantee all European nations coexistence based on confidence and
all-round cooperation for the good of all, as well as lasting peace, freedom and stability,
Deeply convinced that the unification of Germany as a State with definite frontiers is a significant
contribution to the peace order in Europe,
Bearing in mind the Treaty on the Final Settlement with regard to Germany signed on 12
September 1990,
Mindful of the fact that 45 years have passed since the end of the Second World War, and
conscious that the great suffering caused by that war, including also the loss by many Germans and Poles of
their native land as a result of expulsion or resettlement, are a warning and a challenge for the
establishment of peaceful relations between the two peoples and States,
Desiring to create lasting foundations for friendly coexistence through the development of their
relations, and continuing the policy of lasting understanding and reconciliation between Germans and
Poles,
Have agreed as follows:

Article 1

The Contracting Parties reaffirm the frontier between them, whose course is defined in the
Agreement between the Polish Republic and the German Democratic Republic concerning the demarcation
of the established and existing Polish-German State frontier of 6 July 1950 and agreements concluded with
a view to implementing and supplementing the Agreement (Instrument confirming the demarcation of the
State frontier between Poland and Germany of 27 January 1951; Agreement between the Polish People's
Republic and the German Democratic Republic regarding the delimitation of the sea areas in the Oder Bay
of 22 May 1989), as well as the Agreement between the Polish People's Republic and the Federal Republic
of Germany concerning the basis for normalization of their mutual relations of 7 December 1970.

Article 2

The Contracting Parties declare that the frontier between them is inviolable now and in future and
mutually pledge to respect unconditionally their sovereignty and territorial integrity.

1
United Nations Treaty registration No. 29542, 28 January 1993.

46
Article 3

The Contracting Parties declare that they have no territorial claims against each other and they
shall not put forward such claims in future.

Article 4

1. This Treaty is subject to ratification; the exchange of the instruments of ratification shall take
place as soon as possible at Bonn.
2. This Treaty shall enter into force on the date on which the instruments of ratification are
exchanged.
IN WITNESS WHEREOF the representatives of the Contracting Parties have signed this Treaty
and have thereto affixed their seals.
DONE at Warsaw on 14 November 1990 in duplicate, each in the German and Polish languages,
both texts being equally authentic.

47
Treaty between the German Democratic Republic and the Polish
People's Republic on the delimitation of the sea areas in the Oder Bay
22 May 1989
The German Democratic Republic and the Polish People's Republic,
Desirous of further developing and strengthening their good-neighbourly and friendly relations,
Proceeding from the importance of the Agreement between the German Democratic Republic and
the Polish Republic on the Demarcation of the Fixed and Existing German-Polish State Frontier signed at
Zgorzelec on 6 July 1950, the Act on the Implemented Demarcation of the State Frontier between Germany
and Poland .signed in Frankfurt Order on 27 January 1951 as well as of the Treaty between the German
Democratic Republic and the Polish People's Republic on Friendship, Cooperation and Mutual Assistance
signed in Berlin on 28 May 1977,
Guided by the generally accepted norms and principles of the international law of the sea,
Desirous of delimiting the territorial sea, the continental shelf and the fishery zones of the German
Democratic Republic and the Polish People's Republic, taking into account the conditions prevailing in the
Oder Bay,
Have agreed as follows:

Article 1

The common boundary between the territorial seas of the German Democratic Republic and of the
Polish People's Republic follows straight lines (geodetic lines) connecting the following points:
A. 53° 55' 45.45" N 14° 13' 40.78" E
B. 53° 59' 21.46" N 14° 14' 38,84" E
C. 54° 07' 39,76" N 14° 12' 12.03" E.

Article 2

In the Oder Bay the Polish People's Republic shall fix the outer limit of its territorial sea in such a
way that it follows straight lines (geodetic lines) connecting the following points:
C. 54° 07' 39.76" N 14° 12' 12.03" E
D. 54° 07' 37.00" N 14° 16' 51.00" E
E. 54° 08' 38.00" N 14° 20' 48.00" E .

Article 3

In the Oder Bay the German Democratic Republic shall fix the outer limit of its territorial sea in
such a way that it follows straight lines (geodetic lines) connecting the following points:
C. 54° 07' 39.76" N 14° 12' 12.03" E
F. 54° 14' 25,43" N 14° 10' 11.75" E
G. 54° 16' 45.28" N 14° 04' 17,53"-E
H. 54° 26' 33.90" N 14° 04' 48.70" E

48
Article 4

(1) The boundary delimiting the continental shelf sections and the fishery zones of the
German Democratic Republic and the Polish People's Republic follows straight lines (geodetic lines)
connecting the following points:
I. 54° 07' 38.36" N 14° 14' 21.80" E
J. 54° 10' 08.00" N 14° 21' 08.00" E
K. 54° 23' 00.00" N 14° 35' 58.84" E
L. 54° 30' 00.00" N 14° 45' 00.00" E
M. 54° 32' 01.31" N 14° 37' 45.23" E.
(2) The boundary defined in para. 1 of this Article continues from point M. in north-easterly
direction to a point to be agreed upon between the German Democratic Republic, the Polish People's
Republic, and the Kingdom of Denmark.

Article 5

(1) The entire extension of the North Approach to the ports of Szczecin and Swinoujscie and
the anchorages are situated within the territorial sea of the Polish People's Republic or on the high seas.
(2) That section of the North Approach to the ports of Szczecin and Swinoujscie which is
situated east of the outer limit of the territorial sea of the German Democratic Republic as defined in
Article 3 of the present Treaty and anchorage No. 3 shall not constitute continental shelf, fishery zone or
potential exclusive economic zone of the German Democratic Republic.

Article 6

Navigation on the navigational routes and approaches which lead to the ports of Szczecin and
Swinoujscie and which are situated within the territorial sea of the German Democratic Republic east of
Ruegen island shall be governed by the generally accepted principles of the international law of the sea. No
permission of the German Democratic Republic shall be required for the passage of warships and
government ships flying the Polish flag.
Polish sports boats enjoy passage with the consent of the German Democratic Republic after this
was given in a corresponding procedure.

Article 7

(1) The boundary lines fixed in articles 1, 2, 3 and 4 of the present Treaty are shown on the
nautical charts pub lished by Seehydrographischer Dienst (Nautical Hydrographic Service) of the German
Democratic Republic and by the Hydrographic Office of the Polish Navy. These charts shall form an
integral part of the present Treaty.
(2) The Rauenberg system was used to determine the coordinates listed in the present Treaty.

Article 8

With the entry into force of the present Treaty the respective coordinates of boundary lines laid
down in earlier treaties between the German Democratic Republic and the Polish People's Republic are
superseded by the new ones.

Article 9

In accordance with Article 102 of the Charter of the United Nations, the present Treaty shall be
registered with the Secretariat of the United Nations.

49
Article 10

The present Treaty is subject to ratification and shall enter into force on the day of the exchange of
the instruments of ratification, which shall take place in Warsaw.
DONE at Berlin on 22 May 1989 in two originals in the German and Polish languages, both texts being
equally authentic.
For the German Democratic Republic: For the Polish People's Republic:

50
51
Estonia and Finland
Agreement between the Republic of Finland and the Republic of Estonia
on the boundary of the maritime zones in the Gulf of Finland
and the Northern Baltic Sea1
18 October 1996
The Government of the Republic of Finland and the Government of the Republic of Estonia,
having decided to agree on the delimitation between the continental shelf and the fishing zone of the
Republic of Finland and the economic zone of the Republic of Estonia in the Gulf of Finland and the
Northern Baltic Sea, considering the United Nations Convention on the Law of the Sea of 10 December
1982,
Have agreed on the following:

Article 1

The boundary of the continental shelf and the fishing zone of the Republic of Finland and the
economic zone of the Republic of Estonia is constituted by straight lines (geodetic lines) and connecting
the points indicated in article 2.
The location of the points has been described by geographical longitude and latitude according to
the World Geodetic System 1984,
The course of the boundary has been designated on the map attached to the present Agreement.

Article 2

The starting point of the boundary is that point in the east on which agreement will be reached
with the third State concerned.
From this point the boundary intersects the following points in the given order:
Latitude Longitude
59° 59.678' 26° 20.147'
59° 59.095' 26° 12.666'
59° 58.095' 26° 07.966'
59° 51.694' 25° 58.067'
59° 52.594' 25° 27.566'
59° 53.294' 25° 10.166'
59° 52.093' 24° 57.166'
59° 50.493' 24° 49.266'
59° 44.193' 24° 24.367'
59° 37.092' 23° 54.367'
59° 31.591' 23° 29.667'
59° 31.691' 23° 09.567'

1
United Nations Treaty registration No. 33549, 20 February 1997.

52
59° 24.891' 22° 45.068'
59° 22.790' 22° 09.868'
59° 18.689' 21° 46.568'
59° 11.489' 21° 11.168'
58° 50.677' 20° 28.902'
From the last point in the list the boundary runs to the point on which agreement will be reached
with the third concerned.

Article 3

The present Agreement shall come into force 15 days upon that day when the Parties to the present
Agreement have notified each other through diplomatic means that they have carried out the internal
procedures required for the entry into force.
Drawn up at Helsinki on 18 October 1996 in two copies, one in Finnish and one in Estonian, both
texts being equally authoritative.
Tarja Halonen Siim Kallas
On behalf of the Government of On behalf of the Government of
the Republic of Finland the Republic of Estonia

53
54
Finland and Sweden
Agreement between the Republic of Finland and the Kingdom of Sweden
on the delimitation of the boundary between the continental shelf
and fishery zone of Finland and the economic zone of Sweden
in the Åland Sea and the Northern Baltic Sea1
2 June 1994
The Government of the Republic of Finland and the Government of the Kingdom of Sweden,
Having decided to reach agreement on the delimitation of the boundary between the continental
shelf and fishery zone of Finland and the economic zone of Sweden, in the Åland Sea and the northern
Baltic Sea,
Having regard to the boundary lines established: on the one hand in the year 1811 in the
topographic description of the frontier drawn up after the Peace of Fredrikshamn (Hamina) and, on the
other hand, in the Convention of 20 October 1921 relating to the Non-Fortification and Neutralization of
the Åland Islands,
Have agreed as follows:

Article 1

The demarcation line between the areas of the continental shelf in which Finland exercises
sovereign rights for the purposes of the exploration and utilization of natural resources and the fishery zone
of Finland on the one hand and the economic zone of Sweden on the other hand shall consist of straight
lines (geodetic lines) connecting the points specified in article 2.
The positions of these points have been established in terms of geographic longitude and latitude
in accordance with the "World Geodetic System 1984".
The demarcation line is shown in a chart attached to this Agreement.

Article 2

The northern starting point of the demarcation line shall be the point south of Märket where the
territorial seas of Finland and Sweden cease to be contiguous. The coordinates of the point are:
60°14.115'N 19°06.162'E (point 1).
From the point 1 the demarcation line passes through the following points in order indicated
below.
Latitude Longitude
Point 2 60°11.501'N 19°04.992'E
Point 3 59°47.501'N 19°39.497'E
Point 4 59°26.701'N 20°09.200'E
Point 5 58°51.776'N 20°28.276'E
South of point 5 the demarcation line shall extend to the point agreed upon with a third State
concerned.
Points 2, 3 and 4 as defined in this article correspond to the points designated respectively as 15,
14 and 13 in the 1921 Åland Convention.

1
Entered into force on 30 July 1995. United Nations Treaty registration No. 32126, 11 September 1995.

55
Article 3

The Government of Finland and the Government of Sweden undertake not to extend the territorial
seas of their respective countries in the Åland Sea north of Svenska Björn without consulting each other
first.
Finland undertakes not to extend its territorial sea off Bogskär west of the demarcation line agreed
upon in article 2.

Article 4

This Agreement shall enter into force thirty days after the date on which the Contracting Parties
inform each other that the Agreement has been approved.
Upon the entry into force of this Agreement the following shall cease to have effect:
- The Agreement of 29 September 1972 between Finland and Sweden concerning the delimitation
of the continental shelf in the Gulf of Bothnia, the Bothnian Sea, the Åland Sea and the northernmost part
of the Baltic Sea, in so far as the Agreement pertains to the area south of Märket, and
- The Agreement of 2 December 1977 between Finland and Sweden concerning certain frontier
questions.
For the Government of the For the Government of
Republic of Finland: the Kingdom of Sweden:

PROTOCOL

In connection with the Agreement signed today between the Government of the Republic of
Finland and the Government of the Kingdom of Sweden on the delimitation of the boundary between the
continental shelf and fishery zone of Finland and the economic zone of Sweden in the Åland Sea and the
northern Baltic Sea, the two Parties have agreed upon the following provisions pending a technical revision
of the demarcation line north of Märket:
From point 65°31.8'N 24°08.4'E to point 60°22.3'N 19°09.5'E (points 1 and 10 of the Agreement
of 29 September 1972 concerning the delimitation of the continental shelf in the Gulf of Bothnia, the
Bothnian Sea, the Åland Sea and the northermost part of the Baltic Sea) the boundary of the fishery zone of
Finland and the economic zone of Sweden shall follow the boundary of the continental shelf agreed upon in
the Agreement of 29 September 1972.
DONE at Stockholm on 2 June 1994, in duplicate in the Finnish and Swedish languages, both
texts being equally authentic.
For the Government of the For the Government of the
Republic of Finland: Kingdom of Sweden :

56
57
Estonia and Latvia
Agreement between the Republic of Estonia and the Republic of Latvia
on the maritime delimitation in the Gulf of Riga,
the Strait of Irbe and the Baltic Sea 1
12 July 1996
The Republic of Estonia and the Republic of Latvia, hereinafter referred to as the Parties,
Desiring to establish the maritime boundary between the two States in the Gulf of Riga, the Strait
of Irbe and the Baltic Sea,
Acknowledging the provisions of the 1982 United Nations Convention on the Law of the Sea and
the general principles of international law as a basis for such a maritime delimitation,
Recalling the importance of ensuring freedom of navigation and overflight for each other’s vessels
and aircraft in accordance with international law,
Wishing to contribute to stability in the Baltic Sea region in general, and in particular to stability in
the area being delimitated,
Recalling the traditional cooperation between the Parties in the Gulf of Riga, the Strait of Irbe and
the Baltic Sea,
Recognizing the obligation under international law of protecting the marine environment,
Desiring to cooperate with each other in the Gulf of Riga, the Strait of Irbe and the Baltic Sea with
regard to the conservation, exploration and exploitation of living resources in accordance with the
provisions of the 1982 United Nations Convention on the Law of the Sea,
Noting the Agreement between the Republic of Estonia and the Republic of Latvia on the Re-
establishment of the State Border of 20 March 1992,
Have agreed as follows:

Article 1

The maritime boundary between the Republic of Estonia and the Republic of Latvia in the Gulf of
Riga, the Strait of Irbe and in the Baltic Sea referred to in this Agreement is the maritime boundary with
respect to the territorial seas, the exclusive economic zones, the continental shelf and any other maritime
zones which might be established by the Contracting Parties in accordance with the provisions of the 1982
United Nations Convention on the Law of the Sea and principles of international law.

Article 2

The maritime boundary between the Republic of Estonia and the Republic of Latvia in the Gulf of
Riga and the Strait of Irbe consists of straight geodetic lines connecting the points with the following
geographical coordinates:
1. 57° 52,471' N 24° 21,406' E
2. 57° 55,033' N 24° 15,667' E
3. 57° 53,950' N 24° 12,567' E
4. 57° 53,950' N 23° 36,067' E

1
United Nations Treaty registration No. 33489, 6 January 1997.

58
5. 57° 46,974' N 23° 38,910' E
6. 57° 40,173' N 23° 34,940' E
7. 57° 35,630' N 23° 24,361' E
8. 57° 35,183' N 23° 10,850' E
9. 57° 42,133' N 22° 59,950' E
10. 57° 46,831' N 22° 54,461' E
11. 57° 56,450' N 22° 42,450' E
12. 57° 55,644' N 22° 35,016' E
13. 57° 46,750' N 22° 08,600' E
14. 57° 44,967' N 21° 54,967' E
15. 57° 45,783' N 21° 50,567' E
All positions in the Agreement and the azimuth referred to in article 3 are defined in the World
Geodetic System 1984 (WGW-84).
The location of the maritime boundary between the Republic of Estonia and the Republic of
Latvia is illustrated on the map annexed to the present Agreement. 2

Article 3

The maritime boundary between the Republic of Estonia and the Republic of Latvia continuing
into the Baltic Sea forms point 15 defined in article 2 as a straight geodetic line in the azimuth of
289°19.35' up to the boundary of the exclusive economic zone and the continental shelf of the Kingdom of
Sweden. The azimuth is defined by adding 90 to the azimuth at the median point of the straight geodetic
line between the point at the southern rock of Cape Loode with geographical coordinates 57°57.4760'N;
21°58.2789'E and the point at Ovisi Lighthouse with geographical coordinates 57°34.1234' N;
21°42.9574'E.
The precise coordinates of point # 16 where this maritime meets the boundary of the exclusive
economic zone and the continental shelf of the Kingdom of Sweden shall be determined by a trilateral
agreement between the Republic of Estonia, the Republic of Latvia and the Kingdom of Sweden.

Article 4

The Parties shall notify each other of changes to their baselines and the limits of their territorial
seas and their exclusive economic zones in the Strait of Irbe, the Gulf of Riga and the Baltic Sea.
Each Party shall give due publicity to the charts and lists of geographical coordinates specifying
the geodetic data and shall deposit a copy of such charts and lists with the Secretary-General of the United
Nations.

Article 5

Any dispute between the Parties arising out of the interpretation or implementation of the present
agreement shall in the first instance be settled by consultations or negotiations, or using other means of
peaceful settlement of disputes provided for by international law.

2
The map is not reproduced for technical reasons.

59
Article 6

This Agreement shall be subject to ratification. This Agreement shall enter into force on the date
of exchange of the instruments of ratification.

Article 7

This Agreement has been concluded for an indefinite period of time.


IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective
Governments, have signed this Agreement.
DONE at Tallinn, 12 July 1996, in duplicate in the Estonian and English languages, each text
being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
For the Republic of Estonia: For the Republic of Latvia:

60
61
Protocol to the Agreement between the Republic of Estonia and the Republic of
Latvia on the maritime delimitation in the Gulf of Riga, the Strait of Irbe and the
Baltic Sea (12 July 1996), between the Prime Minister of the Republic of Estonia
and the Minister President of the Republic of Latvia,
12 July 1996
The Prime Minister of the Republic of Estonia, Mr. Tiit Vahi, and the Minister President of
Latvia, Mr. Andris Skele,
Taking into account that the Agreement between the Republic of Estonia and the Republic of
Latvia on the maritime delimitation in the Gulf of Riga, the Strait of Irbe and the Baltic Sea was signed on
12 July 1996,
Realizing that due to the delimitation the two buoys on the far water at the entrance into the Strait
of Irbe which are the property of the Republic of Latvia now are situated in the waters of the Republic of
Estonia,
Desiring to settle the issue of ownership, maintenance and the service of the buoys mentioned
above,
Have agreed as follows:
1. Not later than one year after the Agreement between the Republic of Estonia and the Republic of
Latvia on the delimitation of the maritime boundary in the Gulf of Riga, the Strait of Irbe and the Baltic Sea
has entered into force, the Republic of Estonia shall undertake all duties relating to the maintenance of the
buoys, the geographical coordinates of which are:
1. 57° 51'02.32" N 21° 37' 04.47" E
2. 57° 47'29.31" N 21° 42' 07.48" E
2. The transfer of ownership of the buoys mentioned above shall be settled by the relevant authorities
of the Republic of Estonia and the Republic of Latvia.
3. Until the transfer of ownership and duties takes place, the maintenance of the buoys mentioned
above shall be performed by the Republic of Latvia.
DONE at Tallinn, 12 July 1996.
Andris Skele Tiit Vähi
The Minister President of The Prime Minister of
the Republic of Latvia: the Republic of Estonia:

62
63
Estonia, Latvia and Sweden
Agreement between the Government of the Republic of Estonia, the Government of
the Republic of Latvia and the Government of the Kingdom of Sweden on the
common maritime boundary point in the Baltic Sea,
30 April 1997
The Government of the Republic of Estonia, the Government of the Republic of Latvia and the
Government of the Kingdom of Sweden, hereinafter referred to as the Contracting Parties,
Desiring to determine to point where the maritime boundaries of the three States in the Baltic Sea
coincide,
Have agreed as follows:

Article 1

The straight geodetic line referred to in article 3 in the Agreement between the Republic of Latvia
and the Republic of Estonia on the maritime delimitation in the Gulf of Riga, the Strait of Irbe and the
Baltic Sea, signed at Tallinn on 12 July 1996, shall connect to the border of the exclusive economic zone
and the continental shelf of the Kingdom of Sweden at the point with the following geographical
coordinates:
58° 01,440'N 20° 23,775'E
The point is defined in the World Geodetic System 1984 (WGS 84).

Article 2

This Agreement shall enter into force thirty days after the date when all the Contracting Parties
have notified all the other Contracting Parties in writing that the necessary constitutional procedures for its
entry into force have been completed.
DONE at Stockholm on 30 April 1997, in three original copies, in the Estonian, Latvian, Swedish
and English languages respectively. In case of any divergence of interpretation of this Agreement, the
English text shall prevail.
For the Government For the Government For the Government
of the Republic of Estonia: of the Republic of Latvia: of the Kingdom of Sweden:

64
Lithuania and the Russian Federation
Treaty between the Republic of Lithuania and the Russian Federation
on the Delimitation of the Exclusive Economic Zone
and the Continental Shelf in the Baltic Sea,
24 October 1997
The Republic of Lithuania and the Russian Federation, hereinafter referred to as the Parties,
Guided by the desire to deepen and broaden the good-neighbourly relations between them in
accordance with the provisions and principles of the Charter of the United Nations Organization and
affirming the adherence to the obligations undertaken in the framework of the Organization for Security
and Cooperation in Europe,
Proceeding from the provisions of the Treaty on the Bases of Interstate Relations between the
Republic of Lithuania and the Russian Soviet Federative Socialist Republic of 29 July 1991 and the
Agreement between the Republic of Lithuania and the Russian Soviet Federative Socialist Republic on the
Cooperation with respect to the Economic and Socio-cultural Development of the Kaliningrad Region of
the RSFSR of 29 July 1991,
Considering the mutual aspiration of the Parties to secure the protection and the rational use of the
natural resources as well as other interests in the maritime areas adjacent to their coasts in accordance with
international law,
Guided by the United Nations Convention on the Law of the Sea of 1982, aspiring to delimit the
exclusive economic zone and continental shelf between the Republic of Lithuania and the Russian
Federation,
Taking into account the existing international practice to delimit marine areas in order to arrive at
an equitable result,
Have agreed the following:

Article 1

The line of delimitation of the exclusive economic zone and the continental shelf between the
Republic of Lithuania and the Russian Federation starts from the junction point of the outer limit of the
territorial sea of the Parties and continues to the junction point of the exclusive economic zone and the
continental shelf of a third party by means of straight lines (loxodromes) that join points whose sequence
and geographical coordinates are indicated in article 2 of the present Treaty.
The geographical coordinates of the points of the above-mentioned line are calculated in the
World Geodetic System of coordinates of 1984 (WGS 84), applied on Lithuanian maritime chart No.
82001, published in 1996, and in the system of coordinates of 1942, applied on the Russian maritime chart
No. 22055, published in 1997.
The above mentioned maritime charts with the plotted line of delimitation of the exclusive
economic zone and continental shelf between the Republic of Lithuania and the Russian Federation are
appended to the present Treaty and are an integral part of it.

Article 2

The geographical coordinates of the points mentioned in article 1 of the present Treaty are the
following:
In the system of coordinates WGS 84, the points:
1. 55° 23,040'N. lat. 20° 39,227'E. long.

65
2. 55° 38,175'N. lat. 19° 55,466'E. long.
3. 55° 55,420'N. lat. 19° 02,805'E. long.

In the system of coordinates 1942 the points:


1. 55° 23,053'N. lat. 20° 39,243'E. long.
2. 55° 38,189'N. lat. 19° 55,583'E. long.
3. 55° 55,435'N. lat. 19° 02,923'E. long.

The geographical coordinates of the junction point of the line mentioned in article 1 of the present
Treaty, with the boundary of the exclusive economic zone and continental shelf of a third party, will be
defined with the latter’s participation.
If a discrepancy occurs between the line determined according to the geographic coordinates
established in the present article and the line depicted on the charts, appended to the present Treaty, the
Parties will be guided by the above-mentioned geographic coordinates.

Article 3

If the line delimiting the exclusive economic zone and the continental shelf intersects an oil and/or
gas deposit, the Parties shall strive to agree to settle any problems arising out of such deposits according to
generally recognized international law rules and principles based on the rights of each Party to the natural
resources of the exclusive economic zone and the continental shelf.

Article 4

Any dispute between the Parties arising out of the implementation of the present Treaty shall be
settled by consultations or negotiations according to international law.

Article 5

The present Treaty shall be subject to ratification and shall enter into force on the day on which
the instruments of ratification are exchanged.
DONE at Moscow on 24 October 1997 in duplicate in the Lithuanian and Russian languages, each
text being equally authentic.

For the Republic of Lithuania: For the Russian Federation:

66
67
Estonia and Sweden
Agreement between the Government of the Kingdom of Sweden
and the Government of the Republic of Estonia on the delimitation
of the maritime zones in the Baltic Sea1
2 November 1998
The Government of the Republic of Estonia and the Government of the Kingdom of Sweden,
hereinafter referred to as the Parties,
Wishing to determine the delimitation of the continental shelf and the exclusive economic zones of
the two States in the Baltic Sea;
Taking into account the provisions of the 1982 United Nations Convention on the Law of the Sea
and other relevant principles and rules of international law;
Have agreed as follows:

Article 1

The delimiting the continental shelf and the exclusive economic zones of Estonia and Sweden
follows the straight lines (geodetic lines) connecting the points with the geographical co-ordinates referred
to in Article 2.
The coordinates agreed to by the Parties are defined in the World Geodetic System 1984 (WGS-
84).
The line of delimitation is illustrated on the map attached to the present Agreement.

Article 2

The geographical coordinates referred to in Article 1 are the following:


Point A 58°01,440’N 20°23,755’E
Point B 58°11,981’N 20°22,280’E
Point C 58°28,979’N 20°26,367’E
Point D 58°46,812’N 20°28,448’E
From point D the delimitation line shall continue to a point which is to be agreed upon with the
third State concerned (point E).

Article 3

This Agreement shall enter into force thirty days after the date when the Parties have notified each
other in writing that the necessary constitutional procedures for its entry into force have been completed.
DONE at Stockholm on 2 November 1998 in two copies in the Estonian, Swedish and English
languages, all texts being equally authentic. In case of any divergence of interpretation the English text
shall prevail.

1
Source: Web site of the Estonian Embassy in Sweden: www.estemb.se/failid/173/merealapiir_eng.pdf.

68
For the Government of the Kingdom of For the Government of the Republic of
Sweden: Estonia:
Anna Lindh Raul Mälk

69
70
Estonia, Finland and Sweden
Agreement between the Government of the Republic of Finland,
the Government of the Republic of Estonia and the Government
of the Kingdom of Sweden on the common maritime
boundary point in the Baltic Sea
16 January 2001
The Government of the Republic of Finland, the Government of the Republic of Estonia and the
Government of the Kingdom of Sweden, hereinafter referred to as the Parties,
Desiring to determine the point where the maritime boundaries of the three States in the Baltic Sea
coincide,
Taking into account agreements concluded between the Parties on the delimitation of the
continental shelf and of the fishery and exclusive economic zones in the Baltic Sea,
Have agreed as follows:

Article 1

From the points indicated below, the point with the geographical coordinates 58°50,677'N and
20°28,902'E, established in the Agreement of 18 October 1996 between the Republic of Estonia and the
Republic of Finland on the boundary of the maritime zones in the Gulf of Finland and in the northern part
of the Baltic Sea, point 5 with the geographical coordinates 58°51,776'N and 20°28,276'E, established in
the Agreement of 2 June 1994 between the Republic of Finland and the Kingdom of Sweden on the
delimitation in the Åland Sea and in the northern Baltic Sea of the continental shelf and fishery zone of
Finland and the exclusive economic zone of Sweden, and point D with the geographical coordinates
58°46,812'N and 20°28,448'E, established in the Agreement of 2 November 1998 between the Republic of
Estonia and the Kingdom of Sweden on the delimitation of the maritime zones in the Baltic Sea, the lines
of delimitation shall be drawn as straight (geodetic) lines to a common point with the following
geographical coordinates: 58°50,670'N 20°28,888'E. The geographical coordinates in this Agreement are
determined in accordance with the World Geodetic System 1984 (WGS 84).

Article 2

This Agreement shall enter into force on the thirtieth day after the Parties have notified each other
through diplomatic channels that the internal procedures necessary for the entry into force of this
Agreement have been completed.
DONE at Tallinn on 16 January 2001 in three original copies in the English language.

71
72
II. Latin America and Caribbean Region

Colombia and Jamaica


Maritime Delimitation Treaty between Jamaica
and the Republic of Colombia1
12 November 1993
The Government of Jamaica and the Government of the Republic of Colombia;
Considering the bonds of friendship existing between both countries;
Recognizing the common interests of both countries in considering issues related to the rational
exploitation, management and conservation of the maritime areas between them, including questions
relating to the exploitation of living resources;
Acknowledging the interests which both countries have in concluding a maritime delimitation
treaty;
Taking into account recent developments in the law of the sea;
Desirous of delimiting the maritime areas between both countries on the basis of mutual respect,
sovereign equality and the relevant principles of international law;
Agree as follows:

Article 1

The maritime boundary between Jamaica and the Republic of Colombia is constituted by geodesic
lines drawn between the following points:

Latitude (North) Longitude (West)

1. 14° 29' 37" 78° 38' 00"

2. 14° 15' 00" 78° 19' 30"

3. 14° 05' 00" 77° 40' 00"

4. 14° 44' 10" 74° 30' 50"


5. From point 4, the delimitation line proceeds by a geodesic line in the direction to another point with
coordinates 15°02'00"N, 73°27'30"W, as far as the delimitation line between Colombia and Haiti is
intercepted by the delimitation line to be decided between Jamaica and Haiti.

Article 2

Where hydrocarbon or natural gas deposits, or fields are found on both sides of the delimitation line
established in article 1, they shall be exploited in a manner such that the distribution of the volumes of the
resource extracted from said deposits or fields is proportional to the volume of the same which is
correspondingly found on each side of the line.

1
With chart. Original: English and Spanish. Entered into force on 14 March 1994. United Nations Treaty registration No. 30943, 11
May 1994.

73
Article 3

1. Pending the determination of the jurisdictional limits of each Party in the area designated below, the
Parties agree to establish therein a zone of joint management, control, exploration and exploitation of the
living and non-living resources, hereafter called "the Joint Regime Area".
(a) The Joint Regime Area is established by the closed figure described by the lines joining the
following points in the order in which they occur. The lines so joining the listed points are geodesic lines
unless specifically stated otherwise.
Point Latitude (North) Longitude (West)
1. 16° 04' 15" 79° 50' 32"
2. 16° 04' 15" 79° 29' 20"
3. 16° 10' 10" 79° 29' 20"
4. 16° 10' 10" 79° 16' 40"
5. 16° 04' 15" 79° 16' 40"
6. 16° 04' 15" 78° 25' 50"
7. 15° 36' 00" 78° 25' 50"
8. 15° 36' 00" 78° 38' 00"
9. 14° 29' 37" 78° 38' 00"
10. 15° 30' 10" 79° 56' 00"
11. 15° 46' 00" 80° 03' 55"
The limit of the Joint Regime Area then continues along the arc of 12 nautical miles radius centred on
a point at 15°47 50"N, 79°51'20"W, such that it passes to the west of Serranilla Cays to a point at
15°58'40"N, 79°56'40"W. The figure is then closed by the geodesic line to point 1.
(b) The Joint Regime Area excludes the maritime area around the cays of Serranilla Bank comprised
within the outermost arc of the circle of 12 nautical miles radius centred at a point 15°47'50"N,
79°51'20"W, such that it passes to through points 15°46'00"N, 80°03'55"W and 15°58'40"N, 79°56'40"W.
(c) The Joint Regime Area will also exclude the maritime area around the cays of Bajo Nuevo
comprised within the outermost arc of the circle of 12 nautical miles radius centred at the point 15°51'00"N,
78°38'00"W.
2. In the Joint Regime Area, the Parties may carry out the following activities:
(a) Exploration and exploitation of the natural resources, whether living or non-living, of the waters
superjacent to the seabed and the seabed and its subsoil, and other activities for the economic exploitation
and exploration of the Joint Regime Area;
(b) The establishment and use of artificial islands, installations and structures;
(c) Marine scientific research;
(d) The protection and preservation of the marine environment;
(e) The conservation of living resources;
(f) Such measures as are authorized by this Treaty, or as the Parties may otherwise agree for
ensuring compliance with and enforcement of the regime established by this Treaty.
3. Activities relating to exploration and exploitation of non-living resources, as well as those referred to
in paragraph 2 (c) and (d), will be carried out on a joint basis agreed by both Parties.
4. The Parties shall not authorize third States and international organizations or vessels of such States
and organizations to carry out any of the activities referred to in paragraph 2. This does not preclude a
Party from entering into, or authorizing arrangements for leases, licences, joint ventures and technical
assistance programmes in order to facilitate the exercise of the rights pursuant to paragraph 2, in
accordance with the procedures established in article 4.

74
5. The Parties agree that in the Joint Regime Area, each Party has jurisdiction over its nationals and
vessels flying its flag or over which it exercises management and control in accordance with international
law.
Provided that in any case where it is alleged by one Party that nationals or vessels of the other Party
have breached, or are breaching the provisions of this Treaty and any measures adopted by the Parties for
their implementation, the Party alleging the breach shall bring it to the attention of the other Party,
following which both Parties shall forthwith commence consultations with a view to arriving at an amicable
settlement within 14 days.
On receipt of the allegation, the Party to whose attention the allegation has been brought shall,
without prejudice to the consultations referred to in the above paragraph:
(a) In relation to an allegation that a breach has been committed, ensure that the activities, the
subject-matter of the allegation, do not recur;
(b) In relation to an allegation that a breach is being committed, ensure that the activities are
discontinued.
6. The Parties agree to adopt measures for ensuring that nationals and vessels of third States comply
with any regulations and measures adopted by the Parties for implementing the activities set out in
paragraph 2.

Article 4

1. The Parties agree to establish a Joint Commission, hereinafter called "the Joint Commission", which
shall elaborate the modalities for the implementation and the carrying out of the activities set out in
paragraph 2 of article 3, the measures adopted pursuant to paragraph 6 of article 3, and carry out any other
functions which may be assigned to it by the Parties for the purpose of implementing the provisions of this
Treaty.
2. The Joint Commission shall consist of one representative of each Party, who may be assisted by such
advisers as is considered necessary.
3. Conclusions of the Joint Commission shall be adopted by consensus and shall be only
recommendations to the Parties. Conclusions of the Joint Commission when adopted by the Parties shall
become binding on the Parties.
4. The Joint Commission shall begin its work immediately on the entry into force of this Treaty and
shall, unless the Parties agree otherwise, conclude the tasks identified in paragraph 1 of this article within
six months from the commencement of its work.

Article 5

Geodetic data are based on the World Geodetic System (1984).

Article 6

For illustrative purposes only, the delimitation line and the Joint Regime Area are shown on United
States Defense Mapping Agency Chart 402, which is attached. In the event of conflict between the
coordinates and the Chart, the coordinates will prevail.

Article 7

Any dispute between the Parties on the interpretation or application of this Treaty shall be settled by
agreement between the two countries in accordance with the means for the peaceful settlement of disputes
provided for by international law.

Article 8

This Treaty shall be subject to ratification.

75
Article 9

This Treaty shall enter into force on the date of exchange of instruments of ratification.

Article 10

Done in English and Spanish, each text being equally authentic.


IN WITNESS WHEREOF, the Ministers for Foreign Affairs of both countries have signed the present
Treaty.
DONE at Kingston this 12th day of November 1993.

76
77
United Kingdom of Great Britain and Northern Ireland
and United States of America
Agreement between the Government of the United Kingdom of Great Britain and
Northern Ireland and the Government of the United States of America on the
delimitation in the Caribbean of a maritime boundary between Puerto Rico/United
States Virgin Islands and the British Virgin Islands
5 November 1993
The Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the United States of America (hereinafter the "Parties");
Recalling the tradition of co-operative relations and close ties between the people of the United
Kingdom of Great Britain and Northern Ireland and the people of the United States;
Desiring to establish a maritime boundary between the United Kingdom (British Virgin Islands)
and the United States (Puerto Rico and the United States Virgin Islands) in the Caribbean on the basis of
equidistance;
Taking note of the Reciprocal Fisheries Agreement between the Government of the United
Kingdom of Great Britain and Northern Ireland and the Government of the United States of America
signed on 17 March 1979;
Have agreed as follows:

Article 1

The purpose of this Treaty is to establish, in accordance with international law, the Maritime
boundary between the United States of America (Puerto Rico and the United States Virgin Islands) and the
United Kingdom of Great Britain and Northern Ireland (British Virgin Islands).

Article 2

1. The maritime boundary between the United States of America (Puerto Rico and the
United States Virgin Islands) and the United Kingdom of Great Britain And Northern Ireland (British
Virgin Islands) in the Caribbean is determined by geodetic lines connecting points 1-50, as specified in the
annex to this Treaty.
2. The geodetic and computational bases used are the North American Datum 1983 ("NAD
83"). For the purpose of illustration only, the boundary line has been drawn on the map annexed to this
Treaty.1

Article 3

On the side of the maritime boundary adjacent to the United Kingdom (British Virgin Islands), the
United States shall not, and on the side of the maritime boundary adjacent to the United States (Puerto Rico
and the US Virgin Islands), the United Kingdom shall not, claim or exercise for any purpose sovereignty,
sovereign rights, or jurisdiction with respect to the waters or seabed or subsoil.

Article 4

The maritime boundary established by this Treaty shall not affect or prejudice in any manner
either Party's position with respect to the rules of international law relating to the law of the sea, including

1
Ibid. p.260

78
those concerned with the exercise of sovereignty, sovereign rights, or jurisdiction with respect to the waters
or seabed and subsoil.

Article 5

This Treaty shall be subject to ratification and shall enter into force on the date of the exchange of
instruments of ratification.
DONE in duplicate at London this 5th day of November 1994
For the Government of the United Kingdom of Great Britain and Northern Ireland:
For the Government of the United States of America:

ANNEX

The maritime boundary positions set forth in this annex are on the North American Datum 1983
("NAD 83"). The maritime boundary between the United States (Puerto Rico and the United States Virgin
Islands) and the United Kingdom (British Virgin Islands) is defined by connecting the following
geographic coordinates by geodetic lines:
No. North Latitude West Longitude
1. 21° 48' 33" 65° 50' 31"
2. 21° 41' 20" 65° 49' 13"
3. 20° 58' 05" 65° 40' 30"
4. 20° 46' 56" 65° 38' 14"
5. 19° 57' 29" 65° 27' 21"
6. 19° 37' 29" 65° 20' 57"
7. 19° 12' 25" 65° 06' 08"
8. 18° 45' 14" 65° 00' 22"
9. 18° 41' 14" 64° 59' 33"
10. 18° 29' 22" 64° 53' 50"
11. 18° 27' 36" 64° 53' 22"
12. 18° 25' 22" 64° 52' 39"
13. 18° 24' 31" 64° 52' 19"
14. 18° 23' 51" 64° 51' 50"
15. 18° 23' 43" 64° 51' 23"
16. 18° 23' 37" 64° 50' 18"
17. 18° 23' 48" 64° 49' 42"
18. 18° 24' 11" 64° 49' 01"
19. 18° 24' 29" 64° 47' 57"
20. 18° 24' 18" 64° 47' 00"
21. 18° 23' 14" 64° 46' 37"
22. 18° 22' 38" 64° 45' 21"

79
No. North Latitude West Longitude
23. 18° 22' 40" 64° 44' 42"
24. 18° 22' 42" 64° 44' 36"
25. 18° 22' 37" 64° 44' 24"
26. 18° 22' 40" 64° 43' 42"
27. 18° 22' 30" 64° 43' 36"
28. 18° 22' 25" 64° 42' 58"
29. 18° 22' 27" 64° 42' 28"
30. 18° 22' 16" 64° 42' 03"
31. 18° 22' 23" 64° 40' 59"
32. 18° 21' 58" 64° 40' 15"
33. 18° 21' 51" 64° 38' 22
34. 18° 21' 22" 64° 38' 16"
35. 18° 20' 39" 64° 38' 32"
36. 18° 19' 16" 64° 38' 13"
37. 18° 19' 07" 64° 38' 16"
38. 18° 17' 24" 64° 39' 37"
39. 18° 16' 43" 64° 39' 41"
40. 18° 11' 34" 64° 38' 58"
41. 18° 03' 03" 64° 38' 03"
42. 18° 02' 57" 64° 29' 35"
43. 18° 02' 52" 64° 27' 03"
44. 18° 02' 30" 64° 21' 08"
45. 18° 02' 31" 64° 20' 08"
46. 18° 02' 01" 64° 15' 39"
47. 18° 00' 12" 64° 02' 29"
48. 17° 59' 58" 64° 01' 02"
49. 17° 58' 47" 63° 57' 00"
50. 17° 57' 51" 63° 53' 53"

80
81
Treaty between the Government of the United Kingdom of Great Britain
and Northern Ireland and the Government of the United States of America on the
delimitation in the Caribbean of a maritime boundary
between the United States Virgin Islands and Anguilla1
5 November 1993
The Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the United States of America (hereinafter the "Parties");
Recalling the tradition of cooperative relations and close ties between the people of the United
Kingdom of Great Britain and Northern Ireland and the people of the United States;
Desiring to establish a maritime boundary between the United Kingdom (Anguilla) and the United
States (United States Virgin Islands) in the Caribbean on the basis of equidistance;
Have agreed as follows:

Article 1

The purpose of this Treaty is to establish, in accordance with international law, the maritime
boundary between the United States of America (United States Virgin Islands) and the United Kingdom of
Great Britain and Northern Ireland (Anguilla).

Article 2

1. The maritime boundary between the United States of America (US Virgin Islands) and the
United Kingdom of Great Britain and Northern Ireland (Anguilla) in the Caribbean is determined by
geodetic lines connecting the following points:
(a) 17° 57' 51" N 63° 53' 53" W
(b) 17° 56' 37" N 63° 53' 20" W
2. The geodetic and computational bases used are the North American Datum 1983 ("NAD 83").
For the purpose of illustration only, the boundary line has been drawn on the map annexed to this Treaty.2

Article 3

On the side of the maritime boundary adjacent to the United Kingdom (Anguilla), the United
States shall not, and on the side of the maritime boundary adjacent to the United States (United States
Virgin Islands), the United Kingdom shall not, claim or exercise for any purpose sovereignty, sovereign
rights, or jurisdiction with respect to the waters or seabed or subsoil.

Article 4

The maritime boundary established by this Treaty shall not affect or prejudice in any manner
either Party's position with respect to the rules of international law relating to the law of the sea, including
those concerned with the exercise of sovereignty, sovereign rights, or jurisdiction with respect to the waters
or seabed and subsoil.

1
United Nations Treaty registration No. 32636, 23 February 1996, Ibid, p.258

2
Ibid. p.260

82
Article 5

This Treaty shall be subject to ratification and shall enter into force on the date of the exchange of
instruments of ratification.
DONE in duplicate at London this 5th day of November 1993.
For the Government of the United Kingdom of Great Britain and Northern Ireland:
For the Government of the United States of America:

83
84
Cuba and Jamaica
Agreement between the Government of the Jamaica
and the Government of the Republic of Cuba
on the delimitation of the maritime boundary
between the two States
18 February 1994
The Government of Jamaica and the Government of the Republic of Cuba;
Reaffirming the close and traditional bonds of friendship, mutual respect and understanding
existing between the two Caribbean States;
Conscious of the duty to safeguard for their peoples the renewable and non-renewable natural
resources, found in marine and submarine areas, subject to their respective sovereignty, sovereign rights
and jurisdiction;
Acknowledging that cooperation between States, particularly between States in the same region is
necessary for the exploration, exploitation, conservation and rational and optimal management of living and
non-living resources;
Taking into account the relevant provisions of the United Nations Convention on the Law of the
Sea, adopted in Montego Bay, Jamaica on 10 December 1982, to which Cuba and Jamaica are parties, and
which will enter into force on 16 November 1994;
Prompted by the desire to establish limits between their respective maritime zones on the bases of
the principles of mutual respect and sovereign equality;
Agree as follows:

Article 1

The Government of Jamaica and the Government of the Republic of Cuba agree that the
equidistance method is the equitable solution for the establishment of the delimitation line between their
exclusive economic zones and continental shelves.

Article 2

(1) The delimitation line referred to in Article 1 is constituted by geodesic lines determined
by the following points:
Latitude (North) Longitude (West)
1 18°49'56" 75°30'23"
2 18°50'45" 75°31'41"
3 18°51'40" 75°32'36"
4 18°51'10" 75°34'9"
5 18°55'6" 75°41'55"
6 18°55'40" 75°43'19"
7 18°58'28" 75°50'24"
8 18°58'43" 75°51'2"
9 18°59'52" 75°53'57"
10 19°0'40" 75°56'5"

85
Latitude (North) Longitude (West)
11 19°1'0" 75°57'3"
12 19°1'19" 75°57'53"
13 19°1'27" 75°58'31"
14 19°1'33" 75°58'53"
15 19°1'44" 75°59'46"
16 19°2'3" 76°1'15"
17 19°2'34" 76°3'31"
18 19°3'8" 76°5'45"
19 19°3'37" 76°7'31"
20 19°3'44" 76°7'59"
21 19°4'8" 76°9'25"
22 19°4'20" 76°10'12"
23 19°4'40" 76°11'25"
24 19°4'49" 76°12'30"
25 19°5"10" 76°14'51"
26 19°5'33" 76°17'11"
27 19°5'59" 76°19'29"
28 19°6'8" 76°20'10"
29 19°6'26" 76°21'47"
30 19°6'34" 76°22'28"
31 19°6'53" 76°24'5"
32 19°7'1" 76°24'46"
33 19°7'19" 76°26'24"
34 19°7'24" 76°26'47"
35 19°7'42" 76°28'19"
36 19°7'46" 76°28'42"
37 19°7'50" 76°29'4"
38 19°8'10" 76°30'53"
39 19°8'12" 76°31'0"
40 19°9'0" 76°35'17"
41 19°9'23" 76°37'34"
42 19°9'30" 76°38'24"
43 19°9'31" 76°38'37"
44 19°9'31" 76°40'59"
45 19°9'31" 76°43'20"
46 19°9'31" 76°45'52"

86
Latitude (North) Longitude (West)
47 19°9'25" 76°47'53"
48 19°9'22" 76°50'19"
49 19°9'22" 76°52'5"
50 19°9'21" 76°52'38"
51 19°9'24" 76°55'31"
52 19°9'25" 76°55'57"
53 19°9'27" 76°56'45"
54 19°9'35" 76°59'31"
55 19°9'45" 77°1'48"
56 19°9'51" 77°2'49"
57 19°9'57" 77°4'4"
58 19°10'0" 77°4'42"
59 19°10'5" 77°5'37"
60 19°10'4" 77°6'22"
61 19°10'4" 77°7'9"
62 19°10'1" 77°8'41"
63 19°10'1" 77°9'28"
64 19°9'59" 77°11'0"
65 19°9'59" 77°11'38"
66 19°9'55" 77°14'30"
67 19°9'54" 77°15'10"
68 19°9'53" 77°16'3"
69 19°9'50" 77°16'35"
70 19°9'50" 77°18'21"
71 19°9'51" 77°20'39"
72 19°9'55" 77°22'56"
73 19°10'0" 77°24'30"
74 19°10'1" 77°25'5"
75 19°10'1" 77°25'10
76 19°10'6" 77°26'52"
77 19°10'7" 77°27'38"
78 19°10"10"
79 19°10'11" 77°29'13"
80 19°10'11" 77°29'46"
81 19°10'11" 77°29'47"
82 19°10'9" 77°32'4"

87
Latitude (North) Longitude (West)
83 19°10'9" 77°32'5"
84 19°10'7" 77°34'2"
85 19°10'6" 77°34'23"
86 19°10'5" 77°36'41"
87 19°10'8" 77°38'58"
88 19°10'14" 77°41'15"
89 19°10'24" 77°43'32"

Article 4

For illustrative purposes only, the delimitation line appears on the nautical chart which is attached
to this Agreement.1

Article 5

(1) The Parties agree to cooperate in the development and the implementation of
programmes in the following areas:
(a) Navigational safety;
(b) Search and rescue;
(c) Hydrographic surveys;
(d) Scientific research;
(e) Preservation and protection of the marine environment;
(f) Any other areas of common interest.
(2) The programmes referred to in paragraph 1 shall be elaborated in subsequent agreements.

Article 6

Both Parties agree that neither shall make claims nor exercise any sovereign rights or jurisdiction
over the waters, the seabed and subsoil which are found in the exclusive economic zone and continental
shelf of the other Party, as have been delimited in this Agreement.

Article 7

The Parties agree to resolve any dispute which may arise in the application or interpretation of this
Agreement, in conformity with the procedures for the peaceful settlement of disputes set out in Article 33
of the Charter of the United Nations.

Article 8

This Agreement shall be signed and ratified by the Parties, in accordance with the existing
constitutional rules in their respective countries, and will take effect immediately after the exchange of the
instruments of ratification.

1
Chart not reproduced for technical reasons.

88
DONE at Kingston, Jamaica, on this 18th day of February 1994, in duplicate in English and
Spanish, each text being equally authentic.
For the Government of Jamaica For the Government of the Republic of Cuba

89
90
France and United Kingdom of Great Britain
and Northern Ireland
Agreement on maritime delimitation between the Government
of the French Republic and the Government of the United Kingdom of Great
Britain and Northern Ireland concerning Guadeloupe and Montserrat1
27 June 1996
The Government of the French Republic and the Government of the United Kingdom of Great
Britain and Northern Ireland,
Desiring to strengthen the relations of friendship and good neighbourliness between the two
countries;
Recognizing the need to delimit in a precise and equitable manner the maritime areas between the
French Republic (Guadeloupe) and the United Kingdom (Montserrat);
Have agreed ad follows:

Article 1

The maritime delimitation between the French Republic (Department of Guadeloupe) and the
United Kingdom (Montserrat) shall be based on the principle of equidistance. Delimitation shall be
effected by using the baselines from which the territorial sea of each State is measured.

Article 2

1. The maritime delimitation referred to in article 1 shall be formed by geodesic lines joining, in the
order in which they are given, the following points identified by their geographical coordinates:

Point 1 15º 50' 31"N 62º 48' 50"W

Point 2 15º 56' 54"N 62º 38' 58"W

Point 3 16º 07' 41"N 62º 24' 19"W

Point 4 16º 25' 52"N 62º 03' 10"W

Point 5 16º 39' 28"N 61º 51' 04"W


2. The geographical coordinates given in this article are expressed in the geodesic reference system
WGS 84 (World Geodesic System 1984).
3. This line has been drawn by way of illustration on the map in the annex to this Agreement.

Article 3

It has not been possible, for the time being, to complete the maritime delimitation beyond point 5.
It is however agreed between the Parties that the delimitation between point 5 and the tripoint between the
maritime areas under the jurisdiction respectively of the Parties and of Antigua and Barbuda shall be

1
Entered into force on 15 January 1997.

91
completed at the appropriate time by applying the same methods as those used to determine the limit
between points 1 to 5.

Article 4

Each Party shall notify the other of the completion of the constitutional procedures required for the
entry into force of this Agreement. The Agreement shall enter into force on the date of receipt of the last
notification.
In witness whereof, the undersigned, being duly authorized thereto by their respective
Governments, have signed this Agreement.
DONE in duplicate at London on 27 June 1996 in the French and English languages, both texts being
equally authentic.
For the Government of the French Republic: For the Government of the United Kingdom
of Great Britain and Northern Ireland:

92
93
Agreement on maritime delimitation between the Government of the French
Republic and the Government of the United Kingdom of Great Britain
and Northern Ireland concerning Saint Martin and Saint Barthelemy,
on the one hand, and Anguilla, on the other1
27 June 1996
The Government of the French Republic and the Government of the United Kingdom of Great
Britain and Northern Ireland,
Desiring to strengthen the relations of friendship and good-neighbourliness between the two
countries;
Recognizing the need to delimit in a precise and equitable manner the maritime areas between the
French Republic (Saint Martin and Saint Barthelemy) and the United Kingdom (Anguilla):
Have agreed as follows:

Article 1

The maritime delimitation between the French Republic (Saint Martin and Saint Barthelemy) and
the United Kingdom (Anguilla) shall be based on the principle of equidistance. Delimitation shall be
effected by using the baselines from which the territorial sea of each State is measured.

Article 2

1. The maritime delimitation referred to in article 1 shall be formed by geodesic lines joining, in the
order in which they are given, the following points identified by their geographical coordinates:
Point 1 17º 57'35" N 63º 36'57" W
Point 2 18º 02'03" N 63º 28'26" W
Point 3 18º05'53" N 63º 12'34" W
Point 4 18º10'51" N 62º 56'55" W
Point 5 18º11'25" N 62º52'35" W
Point 6 18º09'21" N 62º44'22" W
Point 7 18º13'19" N 62º29'46" W
Point 8 18º18'29" N 62º13'59" W
2. The geographical coordinates given in this article are expressed in the geodesic reference system
WGS 85 (World Geodesic System 1984).
3. This line has been drawn by way of illustration on the map in the annex to this Agreement.

Article 3

It has not been possible, for the time being, to complete the maritime delimitation before point 1
and beyond point 8. It is however agreed between the parties that the delimitation:
(a) From point 1 to the tripoint between the limits of the maritime areas under the jurisdiction
respectively of the parties and of the Kingdom of the Netherlands, and

1
Entered into force on 15 January 1997. United Nations Treaty registration No. 36144, 7 October 1999.

94
(b) from point 8 to the tripoint between the limits of the maritime areas under the respective
jurisdiction of the parties and of Antigua and Barbuda,
shall be completed at the appropriate time by applying the same methods as those used to determine the
limit between points 1 and 8.

Article 4

Each Party shall notify the other of the completion of the constitutional procedures required for the
entry into force of this Agreement. The Agreement shall enter into force on the date of receipt of the last
notification.
IN WITNESS THEREOF, the undersigned, being duly authorized thereto by their respective
Governments, have signed this Agreement.
DONE in duplicate at London on 27 June 1996 in the French and English languages, both texts
being equally authentic.
For the Government of the French For the Government of the United Kingdom of Great Britain
Republic: and Northern Ireland:

95
96
The Dominican Republic and the United Kingdom of Great Britain and Northern
Ireland
Agreement between the Government of the United Kingdom of Great Britain and
Northern Ireland and the Government of the Dominican Republic concerning the
delimitation of the maritime boundary between the Dominican Republic and the
Turks and Caicos Islands
2 August 1996
The Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the Dominican Republic,
Wishing to delimit the maritime areas between the Dominican Republic and the Turks and Caicos
Islands in accordance with the principles of international law,
Have agreed as follows:

Article 1

(1) The maritime boundary between the Dominican Republic and Turks and Caicos Islands shall be a
geodesic line joining in the order specified the points listed in the schedule to this Agreement.
(2) The boundary line defined in paragraph 1 is illustrated on the chart annexed to this Agreement.

Article 2

This Agreement shall enter into force on the date on which the two Governments exchange
notifications of their acceptance of this Agreement.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective
Governments, have signed this Agreement.
For the Government of the United Kingdom of For the Government of the Dominican Republic:
Great Britain and Northern Ireland:
Dick Thomson, Ambassador Extraordinary and Caonabo Javier Castillo, Secretary of State for
Plenipotentiary Foreign Relations

List of agreed coordinates on Nad 83 Datum between the Dominican Republic


and the Turks and Caicos Islands

Position Latitude Longitude


1 20°32'43" N 72°08'50" W
2 20°33'27" N 71°27'44" W
3 20°43'24" N 70°19'35" W
4 21°11'30" N 60°29'00" W
5 22°24'47" N 67°40'04" W
The positions of points 1 to 5 are defined by coordinates of latitude and longitude on North
American Datum 1983 (NAD 83).

97
98
Mexico and United States of America
Treaty between the Government of the United States of America and the
Government of the United Mexican States on the Delimitation of the continental
shelf in the western Gulf of Mexico beyond 200 nautical miles1
9 June 2000
The Government of the United States of America and the Government of the United Mexican
States (hereinafter “the Parties”).
Considering that the maritime boundaries between the parties were determined on the basis of
equidistance for a distance between twelve and two hundred nautical miles seaward from the baselines
from which the breadth of the territorial sea is measured in the Gulf of Mexico and the Pacific Ocean by the
Treaty on Maritime Boundaries between the United States of America and the United Mexican States,
signed on May 4, 1978 (the “1978 Treaty on Maritime Boundaries”),
Recalling that the maritime boundaries between the Parties were determined on the basis of
equidistance for a distance of twelve nautical miles seaward from the baselines from which the breadth of
the territorial sea is measured by the Treaty to Resolve pending Boundary Differences and Maintain the Rio
Grande and Colorado River as the International Boundary between the United States of America and the
United Mexican States, signed on 23 November 1970,
Desiring to establish, in accordance with international law, the continental shelf boundary between
the United States of America and the United Mexican States in the Western Gulf of Mexico beyond 200
nautical miles from the baselines from which breadth of the territorial sea is measured
Taking into account the possibility that there could exist petroleum or natural gas reservoirs that
extend across that continental shelf boundary, and the need for cooperation and periodic consultation
between the Parties in protecting their respective interests in such circumstances, and
Considering that the practice of good-neighbourliness has strengthened the friendly and
cooperative relations between the Parties:
Have agreed as follows:

Article 1

The continental shelf boundary between the United States of America and the United Mexican
States in the western Gulf of Mexico beyond 200 nautical miles from the baselines from which the breadth
of the territorial sea is measured shall be determined by geodetic lines connecting the following
coordinates:
1. 25°42’14.1”N 91°05’25.0”W.
2. 25°39’43.1”N. 91°20’31,2”W.
3. 25°36’46.2”N. 91°39’29.4”W.
4. 25°37”01.2”N. 91°44’19.1”W.
5. 25°37’60.7”N. 92°00’35.5”W.
6. 25°38’13.4”N. 92°07’59.3”W.
7. 25°39’22.3”N. 92°31’40.4”W.
8. 25°39’23.8”N. 92°32’13.7”W.

1
Not yet in force.

99
9. 25°40’03.2”N 92°46’44.8”W.
10. 25°40’27.3”N. 92°55’56.0”W.
11. 25°42’37.2”N. 92°57’16.0”W.
12. 25°46’33.9”N. 92°59’41.5”W.
13. 25°48’45.2”N. 93°03’58.9”W.
14. 25°51’51.0”N. 93°10’03.0”W.
15. 25°54’27.4”N. 93°15’09.9”W.
16. 25°59’49.3”N. 93°26’42.5”W.

Article 2

1. The geodetic and computational bases used to determine the boundary set forth in article 1 are the
1983 North American Datum (“NAD83”) and the international Earth Rotation Service’s Terrestrial
Reference Frame (“ITRF92”).
2. For purposes of article 1:
(a) NAD83 and ITRF92 shall be considered to be identical; and
(b) Boundary points numbers 1 and 18 are, respectively, boundary points GM.E-1
(25°42’13.05”N., 91°05’24.89”W.) and GM.W-4 (25°59’48.28”N., 93°26’42.19”W.) of the 1978
Treaty on Maritime Boundaries. These points, which were originally determined with reference to
the 1927 North American Datum-NAD27, have been transformed to the NAD83 and ITRF92
datums.
3. For the purpose of illustration only, the boundary line in article 1 is drawn on the map that appears
as annex 1 to this Treaty.

Article 3

South of the continental shelf boundary set forth in article 1, the United States of America shall
not, and north of said boundary, the United Mexican States shall not, claim or exercise for any purpose
sovereign rights or jurisdiction over the seabed and subsoil.

Article 4

1. Due to the possible existence of petroleum or natural gas reservoirs that may extend across the
boundary set forth in article 1 (hereinafter referred to as “transboundary reservoirs”), the Parties, during a
period that will end ten (10) years following the entry into force of this Treaty, shall not authorize or permit
petroleum or natural gas drilling or exploitation of the continental shelf within one and four-tenths (1.4)
nautical miles of the boundary set forth in article 1. (This two and eight-tenths (2.8) nautical mile area
hereinafter shall be referred to as “the Area”.)
2. For the purpose of illustration only, the Area set forth in paragraph 1 is drawn on the map that
appears as annex 2 to this Treaty.
3. The parties, by mutual agreement through an exchange of diplomatic notes, may modify the period
set forth in paragraph 1.
4. From the date of entry into force of this Treaty, with respect to the Area on its side of the
boundary set forth in Article I, each Party, in accordance with its national laws and regulations, shall
facilitate requests from the other Party to authorize geological and geophysical studies to help determine
the possible presence and distribution of transboundary reservoirs.

100
5. From the date of entry into force of this Treaty, with respect to the Area in its entirety, each Party,
in accordance with its national laws and regulations, shall share geological and geophysical information in
its possession in order to determine the possible existence and location of transboundary reservoirs.
6. From the date of entry into force of this Treaty, if a Party has knowledge of the existence or
possible existence of a transboundary reservoir, it shall notify the other Party.

Article 5
1. With respect to the Area in its entirety, during the period set forth in paragraph 1 of Article 4:
(a) As geological and geophysical information is generated that facilitates the Parties’ knowledge
about the possible existence of transboundary reservoirs, including notifications by Parties in accordance
with paragraph 5 of article 4, the Parties shall meet periodically for the purpose of identifying, locating and
determining the geological and geophysical characteristics of such reservoirs;
(b) The Parties shall seek to reach agreement for the efficient and equitable exploitation of such
transboundary reservoirs; and
(c) The Parties shall, within sixty days of receipt of a written request by a party through diplomatic
channels, consult to discuss matters related to possible transboundary reservoirs.
2. With respect to the Area in its entirety, following the expiry of the period set forth in paragraph 1
of article 4;
(a) A Party shall inform the other Party of its decisions to lease, license, grant concessions, or
otherwise make available portions of the Area for petroleum or natural gas exploration or development and
shall also inform the other Party when petroleum or natural gas resources are to commence production; and
(b) A Party shall ensure that entities it authorizes to undertake activities within the Area shall observe
the terms of the Treaty.

Article 6

Upon written request by a Party through diplomatic channels, the Parties shall consult to discuss
any issue regarding the interpretation of implementation of this Treaty.

Article 7

The continental shelf boundary established by this Treaty shall not affect or prejudice in any
manner the positions of either Party with respect to the extent of internal waters, of the territorial sea, of the
high seas or of sovereign rights or jurisdiction for any other purpose.

Article 8

Any dispute concerning the interpretation or application of this Treaty shall be resolved by
negotiation or other peaceful means as may be agreed upon by the Parties.

Article 9

This Treaty shall be subject to ratification and shall enter into force on the date of the exchange of
instruments of ratification.
IN WITNESS WHEREOF, the undersigned, having been duly authorized by their respective
Governments, have signed this Treaty.
DONE at Washington, D.C. this ninth day of June 2000, in duplicate, in the English and Spanish
languages, both texts being equally authentic.

101
102
Honduras and United Kingdom of Great Britain
and Northern Ireland
Treaty between the Government of the Republic of Honduras and the Government of the
United Kingdom of Great Britain and Northern Ireland concerning the delimitation of the
maritime areas between the Cayman Islands and the Republic of Honduras1
4 December 2001
The Government of the Republic of Honduras and the Government of the United Kingdom of Great Britain
and Northern Ireland, in respect of the Cayman Islands,
Wishing to delimit the maritime areas between the Cayman Islands and the Republic of Honduras,
Wishing also in this context to take account of the traditional interests of the Cayman Islands in certain
fisheries in areas appertaining under this Treaty to the Republic of Honduras, and of relevant circumstances of an
historical character regarding Honduran oil concessions in the Caribbean Sea,
Have agreed as follows:

Article 1

(1) The maritime boundary between the Cayman Islands and the Republic of Honduras shall be formed by
geodesic lines joining, in the order in which they are given, the following points identified by their geographical
coordinates:
Point Latitude N Longitude W
A 19º27'57" 83º35'50"
B 17º35'03" 82º21'00"
C 17º35'03" 80º49'59"
(2) The geographical coordinates given in this article are expressed in the geodetic reference system WGS 84
(World Geodetic System 1984).
(3) The boundary line has been drawn by way of illustration on the chart at annex A to this Treaty,2 which
forms an integral part thereof, and is to be understood as an all-purpose maritime delimitation, that is to say,
covering the water column, seabed and subsoil.

Article 2

It has not been possible, for the time being, to complete the maritime delimitation beyond point C. It is,
however, agreed between the Parties that the delimitation from point C shall, at the appropriate time, be continued in
an easterly direction until it meets the tripoint between the limits of the maritime areas under the respective
jurisdiction of the Parties and another State's jurisdiction.

Article 3

Provisions concerning fishing by vessels of the Cayman Islands in the area of Misteriosa and Rosario
Banks are set out in annex B to this Treaty, which forms an integral part thereof.

1
Original: Spanish and English

2
Not reproduced for technical reasons.

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Article 4

(1) Each Party shall notify the other of the completion of the constitutional procedures required for the entry
into force of this Treaty. The Treaty shall enter into force on the date of receipt of the last notification.
(2) Without prejudice to the foregoing, this Treaty shall be provisionally applied from the date on which the
Parties inform each other that they have commenced the fulfilment of their internal legal requirements.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective
Governments, have signed this Treaty.
DONE in duplicate at Tegucigalpa on 4 December 2001 in the Spanish and English languages, both texts
being equally authentic.
For the Government of the Republic of For the Government of the United Kingdom of Great Britain and
Honduras: Northern Ireland:
Roberto Florez Bermudez David Allan Osborne, Ambassador Extraordinary and Plenipotentiary
For Foreign Affairs

Annex B
to the Treaty between the Government of the Republic of Honduras and the Government of the United
Kingdom of Great Britain and Northern Ireland concerning the delimitation of the maritime areas between
the Cayman Islands and the Republic of Honduras

Provisions concerning fishing by vessels of the Cayman Islands


in the area of Misteriosa and Rosario Banks

1. Commercial fishing for red snapper (family Lutjanidae) and grouper (family Serranidae) by vessels of the
Cayman Islands may continue in the area of Misteriosa and Rosario Banks located in the exclusive economic zone
of the Republic of Honduras and defined in paragraph 2 below, in accordance with existing patterns and levels. The
Government of the Republic of Honduras extends access, free of charge, to the said area for up to ten vessels of the
Cayman Islands, duly notified in advance by the competent authorities of the Cayman Islands, for the purpose of
conducting such fishing.
2. The area of Misteriosa and Rosario Banks referred to in this annex is defined by geographical coordinates,
expressed in the geodetic reference system WGS 84, joined in sequence by geodesic lines as follows:
Point Latitude N Longitude W
1 18º57'00" 84º02'00"
2 18º57'00" 83º38'00"
3 18º25'00" 83º56'00"
4 18º25'00" 84º12'00"
The area has been drawn by way of illustration on the chart at annex A to this Treaty, which forms an
integral part thereof.
3. The following conditions shall apply:
(a) The length of each fishing vessel shall not exceed 100 feet;
(b) Taken together, the fishing vessels are authorized to fish a maximum of twenty-five metric tonnes per
annum;
(c) The taking of crustaceans (lobster, shrimp, etc.) and molluscs (conch, etc.) is not permitted;
(d) The catch is authorized for local consumption in the Cayman Islands, not for export.
4. The Government of the Republic of Honduras shall have exclusive authority to enforce the provisions of
this annex and applicable national fishery regulations with respect to fishing by vessels of the Cayman Islands
within the said area. Such national regulations as may be applied shall not disturb existing patterns and levels of
fishing, except to the extent that such measures are essential for conservation purposes and sustainable exploitation
of the species and are applied on a non-discriminatory basis. Nevertheless, the competent authorities of the Cayman

104
Islands shall take appropriate measures to maintain a list of vessels which they have authorized to conduct fishing in
accordance with this annex and to ensure that such vessels comply with the provisions of this annex. The competent
authorities of the Cayman Islands shall provide the competent authorities of Honduras with annual statistical
information regarding fishing activities carried out in accordance with this annex.
5. Vessels fishing in accordance with this annex shall cooperate with scientific investigations in the said area,
at the request of the competent authorities of Honduras.
6. Without prejudice to routine meetings between the competent fishing authorities, consultations shall be
held at the request of either Party when:
(a) there is reason to believe that vessels of the Cayman Islands are fishing in excess of or in a manner
inconsistent with existing patterns or levels of fishing;
(b) the United Kingdom, on behalf of the Cayman Islands, seeks a change in existing patterns or levels of
fishing;
(c) the Republic of Honduras intends to introduce conservation measures or apply fishery regulations which
may affect existing patterns or levels of fishing;
(d) there is a need to discuss implementation of any provision of this annex.
7. If such consultations result in agreement to amend the terms of this annex, such amendment shall enter into
force by a subsequent exchange of diplomatic notes.

105
106
III. Mediterranean Region And Red Sea

Albania and Italy


Agreement between the Republic of Albania and the Republic of Italy for the
determination of the continental shelf of each of the two countries
18 December 1992
Starting from the desire to determine the division line of the border between the respective areas of
the continental shelf in the Adriatic Sea and in the Otranto Channel, on which each of the two countries
respectively exercises sovereign rights with the aim of exploring for and exploiting natural resources;
Deciding that the border division between the two zones of the continental shelf be determined on
the basis of the principle of equidistance that is expressed by the median line;
Reconfirming the request that the exploitation of the respective continental shelf should not impair
the ecological equilibrium of the sea that waters the shores of the two countries, and their determination to
cooperate on this purpose as well as in harmony with what is decided in the Declaration on the Adriatic
Sea, signed at Ancona on 13 July 1993;
Both Contracting Parties agreed to conclude the following Agreement:

Article 1

1. Applying the principle of equidistance that is expressed in the median line, which is mentioned in
the introduction to this Agreement, the division line between the two zones of the continental shelf of each
of the two countries is determined from the lines that follow the geodesic curves that link the points, the
geographic coordinates of which, referring to the geodesic system European Datum 1950, are as follows:
Points Latitude (north) Longitude (east)
1. 41° 16' 39" 18° 27' 43"
2. 41° 11' 37" 18° 32' 34"
3. 41° 08' 01" 18° 34' 37"
4. 41° 06' 29" 18° 35' 42"
5. 40° 55' 03" 18° 39' 31"
6. 40° 53' 06" 18° 39' 34"
7. 40° 50' 50" 18° 40' 16"
8. 40° 43' 59" 18° 42' 40"
9. 40° 40' 10" 18° 44' 23"
10. 40° 38' 46" 18° 44' 43"
11. 40° 35' 38" 18° 45' 35"
12. 40° 30' 44" 18° 47' 45"
13. 40° 23' 17" 18° 51' 05"
14. 40° 21' 30" 18° 51' 35"
15. 40° 18' 50" 18° 52' 48"
16. 40° 12' 13" 18° 57' 05"
17. 40° 07' 55" 18° 58' 38"

107
This division line is marked by an indicating title in the map attached to this agreement.
The basic map used is the Albanian sea map "From Korfu to Dubrovnik - from Cape Santa Maria
di Leuca up to the Troniti Islands" of the scale 1:500 000, of the mercator projection, edition of year 1984.
2. The Contracting Parties agreed that, for the present, the determination of the border should not
extend beyond the first and the last point determined in the previous paragraph.
The completion of the determination in the north beyond point 1 and in the south beyond point 17
remains to be accomplished by later agreements respectively with the respective interested parties.

Article 2

1. Where a deposit of mineral resources, including sand and gravel, is divided by the division line of the
zones of the continental shelf, and the part of the deposit which is located on one of the sides of the division
line is fully or partially exploitable by installations which are located on the other side of the line, the
Contracting Parties will try, by preliminary consultations with the concessionaires, if there are any, that
have the right of mineral exploitation, to agree on the conditions for and the method of processing the
deposit, in order that this processing be as beneficial as possible, keeping in mind the protection of the
deposit and in such a way that each of the parties maintains the integrity of its own rights on the mineral
resources of the surface and subsurface of its continental shelf.
2. In particular, such an arrangement will be applied if the conditions and the processing method of the
part of the deposit located on one side of the division line of the border have an influence on the conditions
or processing method on the other part of the deposit.

Article 3

None of the provisions of this Agreement affects the juridical regime of the waters and that of the
airspace above the continental shelf.

Article 4

1. The Contracting Parties shall take all possible measures in order that exploration in the respective
zones of the continental shelf, as well as the exploitation of the natural resources of the latter, does not
impair the ecological equilibrium of the sea or does not hinder in an unjustified manner other legal uses of
the sea.
2. In case that in its territory, or in its continental shelf, there occurs a disquieting situation that
brings about negative consequences for the environment in the continental shelf of the other party, each of
the Contracting Parties commits itself to give immediately to the other Party the necessary notification, and
the latter, on its part, has the right to receive this notification, which shall be considered secret if so
requested by the Party which gives the data.
3. The Contracting Party whose continental shelf can be polluted by negative effects for the
environment caused by verified operations or failure to act in the territory of the continental shelf of the
other Party, after having received the notification mentioned in the previous paragraph or in the case when
it has been given any notice, has the right to invest at any time in the setting up of an investigation
commission, to clarify and define the basic elements of the situation, in order to prevent the emergence of
any dispute between the two Contracting Parties.

Article 5

1. The Contracting Parties shall try to resolve in diplomatic way, in the shortest possible time, any
dispute which may arise concerning the interpretation and the application of this Agreement.
2. In case of disputes which are related to the location of installations or equipment in relation to the
division line determined according to article 1 of this Agreement, the respective competent authorities of

108
both Contracting Parties shall verify in good understanding in which zone of the continental shelf such
installations or equipment are installed.
3. If a dispute is not resolved within a period of four months from the date on which one of the
Contracting Parties has notified the other Party about its own suggestions on the start of operations foreseen
by paragraph 1 of this article, each of the Contracting parties may take the dispute to the International Court
of Justice, if at least within this period of time the Parties have not decided by agreement to take the dispute
to any other international institution.

Article 6

1. This Agreement shall be ratified in accordance with the constitutional norms of the Contracting
Parties. The ratification instruments will be exchanged in Rome as soon as possible.
2. This Agreement enters into effect on the day following the exchange of instruments of ratification.
DONE at Tirana on 18 December 1992 in two original copies in the Albanian and Italian
languages, both texts being equally authentic.

109
110
Israel and Jordan
Maritime Boundary Agreement between the Government of the State of Israel and
the Government of the Hashemite Kingdom of Jordan
18 January 1996
Preamble
The Government of the State of Israel and the Government of the Hashemite Kingdom of Jordan:
Bearing in mind the Treaty of Peace between Israel and Jordan of 26 October 1994,
Reaffirming their faith in their wish to live in peace with each other, as well as with all States,
within secure and recognized boundaries,
Desiring to develop friendly relations and cooperation between them in accordance with the
principles of international law governing international relations in time of peace,
In fulfillment of article 3.7 of the Treaty of Peace between them on the delimitation of their
maritime boundary in the Gulf of Aqaba,
Have agreed as follows:

Article 1

1. The maritime boundary in the Gulf of Aqaba between the Hashemite Kingdom of Jordan and the
State of Israel begins at Boundary Pillar 0 on the seashore and follows a straight line for 2.84 kilometres
where it meets the median line of the Gulf.
Thence the maritime boundary follows the median line of the Gulf southwards until the last point
of the maritime boundary between the two countries.
2. The Joint Team of Experts shall, as soon as possible after the date of the signature of this
Agreement, jointly agree upon and document the methodology for defining the median line, and the
procedure to fix the maritime boundary coordinates. The list of maritime boundary coordinates shall be in
geographic and UTM coordinates based on IJBD-94 and shall be measured by GPS.
3. This list of coordinates shall be binding and take precedence with regard to the location of the
maritime boundary.

Article 2

Nothing in this Agreement shall affect, or be affected by, the position of either Party with regard
to the location of either Party's maritime boundary in the Gulf of Aqaba with another State.

Article 3

This Agreement shall enter into force thirty days from the date of its signature.
This Agreement shall be transmitted to the Secretary-General of the United Nations for
registration in accordance with the provisions of Article 102 of the Charter of the United Nations.
DONE at Aqaba this day of 18 January 1996, which corresponds to the day of 26 Tevet, 5756 and
to the 24th day of Sha'ban, 1416, in two original copies in the Hebrew, Arabic and English languages, all
texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.

111
No map available – original to be scanned and reduced

112
Bosnia and Herzegovina and Croatia
Treaty on the state border between the Republic of Croatia
and Bosnia and Herzegovina
30 July 1999
The Republic of Croatia and Bosnia and Herzegovina (later: “the Parties”),
Starting from the sovereignty, territorial integrity and political independence of the Republic of
Croatia and Bosnia and Herzegovina;
Respecting the immutability of their mutually recognized borders,
Beginning with the provisions of the General Framework Peace Accords for Bosnia and
Herzegovina, signed on December 14, 1995 in Paris and the Opinion No. 3 of the Arbitration Committee of
the Conference on the former Yugoslovia;
Guided by a desire to regulate together all the issues pertaining to the identification, marking,
maintenance and ensuring the visibility of the common state border;
In accordance with the decision of the Government of the Republic of Croatia and the Central
Commission for the Identification and Marking of the State Border of Bosnia and Herzegovina, acting with
the authorization of the Council of the Ministers of Bosnia and Herzegovina, regarding the identification,
marking, maintenance and ensuring the visibility of the common state border, and based on the work of the
Committee;
Have agreed to the following:

Article 1

The state border between the Republic of Croatia and Bosnia and Herzegovina (later: “the state
border”) is a plane which transverses vertically the border line on the surface of the Earth and divides the
land, the sea and interior bodies of water, as well as the air space and underground space of the Republic of
Croatia and Bosnia and Herzegovina.

Article 2

(1) The state border between the Republic of Croatia and Bosnia and Herzegovina is determined on
the basis of the state of the borders at the time of the end of the Socialist Federal Republic of Yugoslavia in
1991 and the mutual recognition of the Republic of Croatia and Bosnia and Herzegovina in 1992, identified
on the topographic map 1:25,000 and, in practice, on the basis of the borders between border land-registry
municipalities, on the basis of the border towns and villages at the time of the 1991 Census and on the basis
of the dividing line which divided the authorities of the Socialist Republic of Croatia and Socialist Republic
of Bosnia and Herzegovina.
(2) The state border between the Republic of Croatia and Bosnia and Herzegovina stretches from the
Croatian-Bosnian and Herzegovinian-Yugoslav three-border point in the North-East to the Croatian-
Bosnian and Herzegovinian-Yugoslav three-border point in the South-East.
(3) The data on the identification and marking of the border line, as well as on the shape, size and
location of the border markings are to be found in the following documents on the border issues:
(a) The description of the border line on the state border between the Parties presented graphically in
TK 25 (topographical map 25);
(b) The list and technical background (the situational plan, the list of surfaces, the list of coordinates)
of the modifications of the stretch of the state line between the Parties;
(c) The list of the coordinates of the marked and determined break points on the state border between
the Parties;

113
(d) The border plan on the state border between the Parties.
(4) The Interstate Diplomatic Committee for the Identification, Marking and Maintenance of the state
border between the Republic of Croatia and Bosnia and Herzegovina shall appoint expert panels authorized
to produce a document mentioned in Paragraph 3 of this Article, as well as set deadlines to finalize their
tasks and submit a report to be approved by the Interstate Diplomatic Committee.
(5) After the border documents are produced in accordance with Paragraph 2 of this Article and
approved in accordance with the legislatures of the Parties, they shall be considered an integral part of this
Treaty.

Article 3

(1) The Parties can agree to change the state border in order to facilitate and improve the living
conditions of people living close to the border, as well as for other reasons. Any changes of the state
border shall be included in the documents on border issues mentioned in Paragraph 3, Article 2 of this
Treaty.
(2) The documents on border issues mentioned in Paragraph 1 of the Article shall come into effect as
stipulated in Paragraph 5, Article 2 of this Treaty.

Article 4

(1) The Parties have agreed that the state border remains within the mutually defined coordinates,
regardless of the man-made or natural changes in the terrain.
(2) The state border on international navigable rivers with the regulated navigation course stretches
along the kinet of the navigation course. Any changes to the kinet of the navigation course shall be
approved by authorized agencies of the Parties.
(3) The state border on the sea stretches along the central line of the sea between the territories of the
Republic of Croatia and Bosnia and Herzegovina in accordance with the 1982 UN Convention on Sea
Rights. The border line on the sea is represented in the topographical map 1:25,000 as well as on sea charts
and plans.

Article 5

(1) The border line on the Croatian-Bosnian and Herzegovinian border is marked by:
- border pyramids on the three-state Croatian-Bosnian and Herzegovinian-Yugoslav border point;
- border posts which directly or indirectly (by the roads, rivers, streams, canals and other
characteristic locations) mark the break points in the border line;
- border boards placed on bridge railings and other appropriate objects.
(2) The coordinates of the marked and determined break points in the border line are to be found in
the documents on border issues listed in Paragraph 3, Article 2 of this Treaty.

Article 6

The Parties shall maintain the border line in a good visible condition and undertake necessary
steps to prevent damaging, destruction or unauthorized change of location of border markings.

Article 7

(1) The Parties shall provide for the visibility of the state border and border markings in accordance
with the Instructions on the Maintenance of the State Border and the Border Zone.

114
(2) The Parties shall not authorize any construction within 2 meters on the both sides of the land
border line. This ban does not include existing objects and facilities, as well as object and facilities the
construction of which is authorized by the relevant agencies of the Parties.
(3) The Parties can conduct activities defined in the Instruction mentioned in Paragraph 1 of this
Article on their own territory at any time, but must inform the other Party at least ten days prior to the
beginning of work.

Article 8

(1) The obligations with respect to measuring the common state border, identification and marking of
the border line, and maintenance, renovation and control of border markings (later: border work), as well as
all costs resulting from honoring the above obligations, shall be divided between the Parties on an equal
basis.
(2) Installation, maintenance, renovation and control of three-state border markings on the three-state
Croatian-Bosnian and Herzegovinian-Yugoslav border point shall be carried out on the basis of an
understanding of the relevant authorities, in the presence of representatives of the Parties and the Federal
Republic of Yugoslavia.
(3) Repairs and renovations of border markings on the territory of one of the Parties, which were
damaged or destroyed through unauthorized destructive activities from the territory of the other Party, shall
be paid for by the Party from the territory of which the unauthorized destructive activity was carried out.

Article 9

The Parties shall every five years after the completion of border work, defined in the Instruction
on the maintenance of the border line and border zone, conduct a joint inspection of the border line,
renovate and fill in the gaps in border markings and, if needed, install additional markings on the border
line.

Article 10

(1) Owners of real estate and other persons or entities with power of attorney regarding real estate
close to the state border must allow border work, defined in the Instruction on the maintenance of the
border line and border zone, to be carried out on the state border.
(2) The Parties shall in a timely manner inform owners of real estate and other persons or entities with
power of attorney regarding real estate close to the border of the work to be carried out on their real estate.
The Parties shall carry out border work respecting the interests of owners of real estate and other persons or
entities with power of attorney regarding real estate close to the border, on whose real estate the work is
being carried out.
(3) Damage claims regarding real estate close to the border and related to border work shall be settled
according to the regulations of the Party on the territory of which the real estate in question is situated.

Article 11

(1) To implement the provisions of this Treaty, the Government of the Republic of Croatia and the
Central Commission on the Identification and Marking of the Border of Bosnia and Herzegovina, acting
with the authorization of the Council of Ministers of Bosnia-Herzegovina, have founded the Interstate
Diplomatic Committee for the Identification, Marking and Maintenance of the State Border between the
Republic of Croatia and Bosnia and Herzegovina (later: the Interstate Diplomatic Committee). The
Interstate Diplomatic Committee consists of a delegation of the Republic of Croatia and a delegation of
Bosnia and Herzegovina. Each delegation has a chairman and five members.

115
(2) The functioning and composition of the Interstate Diplomatic Committee are regulated by the
Regulations for the Conduct of Work of the Interstate Diplomatic Committee, composed in accordance
with the provisions of this Treaty.

Article 12

(1) The tasks of the Interstate Diplomatic Committee are the following:
- conduct a measuring of the Croatian-Bosnian and Herzegovinian state border;
- produce new or supplemental documents on border issues in accordance with Paragraph 3, Article
2 of this Treaty;
- carry out other work jointly assigned to it by relevant authorities of the Parties.
(2) For the direct work on the stated tasks the Interstate Diplomatic Committee creates: the Joint
Expert Work Group for the Documentation and Identification of the Border Line and the Joint Expert Work
Group for the Marking and Maintenance of the Border Line. The Interstate Diplomatic Committee can
also, if needed, create other work groups.
(3) The functioning and composition of the Joint Expert Work Groups shall be regulated by the
Instructions on the Functioning of Joint Expert Work Groups formulated by the Joint Expert Work Groups
and approved by the Interstate Diplomatic Committee in accordance with this Treaty.

Article 13

(1) The Interstate Diplomatic Committee shall conduct its work in sessions, in the field and by
exchanging letters.
(2) The Interstate Diplomatic Committee shall meet according to the agreement between the leaders
of the delegations of the two Parties. The meetings shall be held alternately on the territory of one and then
the other of the Parties.
(3) The leader of each delegation can call for an emergency meeting or a field trip of the Interstate
Diplomatic Committee or a Joint Expert Work Group.

Article 14

(1) The Parties shall inform one another in writing and through diplomatic channels of the
appointment and acquittal of duty of the delegations in the Interstate Diplomatic Committee.
(2) The leaders of the delegations of the Parties shall inform one another of the appointment and
acquittal of duty of other members of the delegations in the Interstate Diplomatic Committee.

Article 15

(1) The Interstate Diplomatic Committee shall reach its decisions and conclusions by agreement. If
there are differences between the two delegations, their points of view shall be recorded in the proceedings.
(2) Issues that cannot be resolved by reaching an agreement shall, with prior agreement of the
chairmen of the two delegations, be submitted for resolution to the relevant authorities of the Parties.

Article 16

The Interstate Diplomatic Committee shall conduct negotiations and produce documents in the
official languages of the Parties.

116
Article 17

The delegation of each of the Parties in the Interstate Diplomatic Committee can use the official
seal with the state coat-of-arms of its country and the name of the delegation.

Article 18

Each Party shall bear the costs of the participation of its delegation in the Interstate Diplomatic
Committee, in joint expert work groups and all other work groups, as well as the costs of participating in
auxiliary work forces and other personnel employed to perform duties outlined in the Instructions on the
Maintenance of the Border Line and the Border Zone.

Article 19

(1) Members of the Interstate Diplomatic Committee, joint expert work groups and all other work
groups, as well as auxiliary personnel can, during their duties duly announced to the other Party, in
accordance with Paragraph 3, Article 7 of this Treaty, and with adequate identification, cross the state
border at any point.
(2) Identification mentioned in Paragraph 1 of this Article shall be issued by the adequate authorities
of the Republic of Croatia and Bosnia and Herzegovina at the suggestion of the Interstate Diplomatic
Committee.

Article 20

(1) Members of the Interstate Diplomatic Committee, joint expert work groups and all other work
groups, as well as auxiliary personnel of one of the Parties cannot, while carrying out their duties on the
territory of the other Party, be detained and deprived of their personal belongings, personal identification,
technical data carriers, materials, tools and vehicles. All the mentioned articles are exempt from customs
and other fees, but the authorized personnel must declare them to customs officers and, with the exception
of the articles used up on duty, return all of them to the territory of their country.
(2) The Parties shall provide all the necessary help with respect to the transportation, lodging and
access to communications equipment to the members of the Interstate Diplomatic Committee, joint expert
work groups and all other work groups, as well as auxiliary personnel in order to facilitate their work.
(3) Members of the Interstate Diplomatic Committee, joint expert work groups and all other work
groups, as well as auxiliary personnel can during their duties on the border wear official uniform, but
cannot be armed.

Article 21

(1) All disputes regarding the interpretation and implementation of this Treaty shall be resolved by the
Interstate Diplomatic Committee.
(2) If the Interstate Diplomatic Committee is not able to resolve a dispute from Paragraph 1 of this
Article through settlement, the said disputes shall be referred to the adequate authorities of the Parties.

Article 22

(1) This Treaty shall be temporarily implemented as of its signing date.


(2) This Treaty shall be in effect indefinitely.
(3) Each Party can cancel this Treaty at any time with prior written notice to the other Party sent
through diplomatic channels. In that case, the Treaty shall become void six months after the date of receipt
of the notice on the cancellation of the Treaty by the other Party.

117
Article 23

(1) This Treaty comes into effect on the day of the receipt of the last written notice sent through
diplomatic channels by which the Parties inform each other that all the conditions set forth by their
legislatures regarding the coming into effect of this Treaty have been met.
Written in Sarajevo, on 30 July 1999 in two originals, both in the official languages of the Parties.
Both texts are equally valid.
For the Republic of Croatia: For Bosnia and Herzegovina:
(Signed) (Signed)

118
No map available – scan the original or try the Charney Alexander Int Mar Bound

119
Eritrea and Yemen Arbitration
Eritrea – Yemen Arbitration, Permanent Court of Arbitration,
Award in Phase II: Maritime delimitation1
17 December 1999
(excerpt)
The Award in the Second Stage of the Arbitration was rendered pursuant to an Arbitration
Agreement dated 3 October 1996 (the "Arbitration Agreement") between the Government of the State of
Eritrea ("Eritrea") and the Government of the Republic of Yemen ("Yemen"). The arbitral tribunal found
in the case that the international maritime boundary between Eritrea and Yemen was a series of geodetic
lines joining, in the order specified, the following points, which are defined in degrees, minutes and
seconds of geographic latitude and longitude, based on the World Geodetic System 1984 (WGS 84):
Turning Point Latitude Longitude
1 15° 43' 10" N 41° 34' 06" E
2 15° 38' 58" N 41° 34' 05" E
3 15° 15' 10" N 41° 37' 31" E
4 15° 04' 00" N 41° 46' 43" E
5 15° 00' 12" N 41° 50' 42" E
6 15° 46' 06" N 41° 58' 47" E
7 15° 43' 30" N 42° 00' 42" E
8 14° 36' 05" N 42° 10' 02" E
9 14° 35' 14" N 42° 11' 35" E
10 14° 27' 16" N 42° 16' 54" E
11 14° 21' 11" N 42° 22' 04" E
12 14° 15' 23" N 42° 26' 09" E
13 14° 08' 39" N 42° 31' 33" E
14 14° 03' 39" N 42° 28' 39" E
15 14° 39' 30" N 42° 37' 39" E
16 13° 36' 13" N 42° 38' 30" E
17 13° 35' 51" N 42° 38' 14" E
18 13° 33' 38" N 42° 39' 37" E
19 13° 27' 28" N 42° 43' 25" E
20 13° 26' 39" N 42° 48' 21" E
21 13° 24' 01" N 42° 52' 47" E
22 13° 14' 23" N 42° 59' 47" E
23 13° 10' 54" N 43° 03' 03" E
24 13° 06' 57" N 43° 05' 21" E

1
The complete text of the Award is available at the web site of the Permanent Court of Arbitration: www.pca-cpa.org.

120
Turning Point Latitude Longitude
25 13° 06' 08" N 43° 06' 06" E
26 13° 04' 05" N 43° 08' 42" E
27 13° 00' 27" N 43° 10' 54" E
28 13° 58' 10" N 43° 12' 45" E
29 13° 54' 23" N 43° 13' 58" E

121
122
Cyprus and Egypt
Agreement between the Republic of Cyprus and the Arab Republic of Egypt on the
delimitation of the exclusive economic zone
17 February 20031
The Republic of Cyprus and the Arab Republic of Egypt (hereinafter referred to as "the two
Parties")
Desiring to strengthen further the ties of good-neighbourliness and cooperation between the two
countries;
Recognizing the importance of the delimitation of the exclusive economic zone for the purpose of
development in both countries;
Recalling the relevant provisions of the United Nations Convention on the Law of the Sea of 10
December 1982, to which the two countries are parties;
Have agreed as follows:

Article 1

(a) The delimitation of the exclusive economic zone between the two Parties is effected by the median
line of which every point is equidistant from the nearest point on the baseline of the two Parties.
(b) The median line and its limits is defined by points 1 to 8 according to the list of geographical
coordinates annexed to this Agreement (annex I).
(c) The median line, as determined, appears graphically on the Official Hydrographic Chart published
by the British Admiralty, No. 183 (Ras at Tin to Iskenderun), scale 1/1,100,000 (annex II).2
(d) At the request of either of the two Parties, any further improvement on the positional accuracy of
the median line will be agreed upon by the two Parties using the same principles, when more accurate data
are available.
(e) Taking into consideration article 74 of the United Nations Convention on the Law of the Sea of 10
December 1982, the geographical coordinates of points 1 and 8 could be reviewed and/or extended as
necessary in the light of future delimitation of the exclusive economic zone with other concerned
neighbouring States and in accordance with an agreement to be reached in this matter by the neighbouring
States concerned.

Article 2

In case there are natural resources extending from the exclusive economic zone of one Party to the
exclusive economic zone of the other, the two Parties shall cooperate in order to reach an agreement on the
modalities of the exploitation of such resources.

Article 3

If either of the two Parties is engaged in negotiations aimed at the delimitation of its exclusive
economic zone with another State, that Party, before reaching a final agreement with the other State, shall
notify and consult the other Party, if such delimitation is in connection with coordinates 1 or 8.

1
Text communicated under cover of a note verbale dated 7 May 2003 from the Permanent Mission of the Republic of Cyprus to the
United Nations.
2
Annex II not included.

123
Article 4

(a) Any dispute arising from the implementation of this Agreement shall be settled through diplomatic
channels in a spirit of understanding and cooperation.
(b) In case the two Parties do not settle the dispute within a reasonable period of time through
diplomatic channels, the dispute will be referred to arbitration.

Article 5

1. This Agreement is subject to ratification according to the constitutional procedures in each


country.
2. This Agreement shall enter into force upon the exchange of the instruments of ratification.
DONE in duplicate at Cairo this 17th day of February 2003 in the English and Arabic languages,
both texts being equally authentic. In case of differences of interpretation, the English text shall prevail.
For the Government of the Republic of Cyprus
For the Government of the Arab Republic of Egypt
ANNEX I

List of geographical coordinates of points 1 to 8


defining the median line and its limits annexed to the Agreement between the Republic of Cyprus
and the Arab Republic of Egypt on the Delimitation of the Exclusive Economic Zone

Point Latitude Longitude


1 33º 45' 00" 30º 05' 00"
2 33º 34' 00" 30º 28' 30"
3 33º 30' 40" 30º 36' 40"
4 33º 21'20" 31º 07' 00"
5 33º 11' 30" 31º 36' 30"
6 33º 07' 20" 32º 01'20"
7 33º 00' 40" 32º 31' 00"
a/
8 32º 53' 20" 32º 58' 20"
a/
The geographical coordinates of points 1 and 8 could be reviewed and/or extended as necessary in
accordance with the provisions of this Agreement.
NOTE 1: The median line, as determined, appears graphically on the Official Hydrographic Chart
published by the British Admiralty, No.183 (Ras at Tin to Iskenderun), scale 1/1,100,000, annex II to the
above Agreement. The positional accuracy of the median line and the derived geographical coordinates of
the turning points 1 to 8 are those of the above-mentioned British chart.

124
NOTE 2: Any further improvement on the positional accuracy of the median line will be agreed upon by
the two Parties using the same principles, when more accurate data are available.
Ministry of Interior The Director of the Egyptian
Department of Lands and Surveys Hydrographic Hydrographic Department
Unit
CYPRUS EGYPT
Name and title Name and title
Signed Signed
Date Date

125
126
A. Black Sea

Georgia and Turkey


Protocol between the Government of the Republic of Turkey and the Government of
Georgia on the confirmation of the maritime boundaries between them in the Black
Sea1
14 July 1997
The Government of the Republic of Turkey and the Government of Georgia, hereinafter referred
to as Parties,
Having regard to the good-neighbourly relations between the Parties,
Desiring to confirm the maritime boundaries between them through their commitment to the following
agreements concluded between the former Union of Soviet Socialist Republics and the Republic of Turkey:
Protocol between the Government of the Republic of Turkey and the Government of the Union of
Soviet Socialist Republics concerning the establishment of the Maritime Boundary between the Soviet and
Turkish Territorial Waters in the Black Sea, signed on 17 April 1973;
Agreement between the Government of the Republic of Turkey and the Government of the Union
of Soviet Socialist Republics concerning the delimitation of the Continental Shelf between them in the
Black Sea, signed on 23 June 1978;
Protocols and other relevant documents between the Government of the Republic of Turkey and
the Government of the Union of Soviet Socialist Republics concerning the demarcation of the Maritime
Boundary, signed on 11 September 1980;
Exchange of Letters between the Government of the Republic of Turkey and the Government of
the Union of Soviet Socialist Republics dated subsequently 23 December 1986 and 6 February 1987
confirming the exclusive economic zone frontier as the previously delimited continental shelf frontier, and
other existing related delimitation Agreements concluded between the Government of the Republic of
Turkey and the Government of the Union of Soviet Socialist Republics, have agreed to confirm, in
accordance with the foregoing legal instruments, the maritime boundaries between the Turkish and
Georgian territorial waters in the Black Sea.
This Protocol shall be ratified in conformity with the national legislation of each Contracting Party
and enter into force on the date the exchange of the instruments of ratification through diplomatic channels.
DONE at Tbilisi on 14 July 1997 in the Turkish, Georgian and English languages, being equally authentic.
(Signed) (Signed)
For the Government of the Republic of Turkey For the Government of Georgia

1
Source: Resmi Gazet, 20 Ekim 1997; provided by the United States Department of State.

127
128
Bulgaria and Turkey
Agreement between the Republic of Turkey and the Republic of Bulgaria
on the determination of the boundary in the mouth area of the Mutludere/Rezovska
River and delimitation of the maritime areas
between the two States in the Black Sea1
4 December 1997
The Republic of Turkey and the Republic of Bulgaria, hereinafter referred to as “the Parties”,
Desiring to further develop the existing cooperation based on the Treaty on Friendship, Good-
neighbourliness, Cooperation and Security between the Republic of Turkey and the Republic of Bulgaria,
signed at Ankara on 6 May 1992;
Having decided to determine the boundary in the mouth area of the Mutludere/Rezovska river
between the Parties and to ensure free outflow of its waters into the sea and taking account all relevant
circumstances to establish a precise and equitable delimitation of their respective maritime areas in the
Black Sea in which the Parties exercise sovereignty, sovereign rights or jurisdiction in accordance with
applicable rules of international law;
Taking into account the willingness of the Parties to achieve just and mutually acceptable
solutions to the above mentioned issues through constructive negotiations, and in the spirit of good-
neighbourly relations;
Convinced that this Agreement will contribute to the strengthening of the relations and encourage
further cooperation between the Parties in the interest of their peoples;
Have agreed as follows:

Article 1
The boundary in the mouth area of the Mutludere/Rezovska River

1. The mouth area of the Mutludere/Rezovska River is defined as that between the line joining the
point x=4978m and y=7836m on the Turkish bank with the point x=5071m and y=7842m on the Bulgarian
bank and where the river flows into the Begendik/Rezovo Bay.
2. The boundary between the Republic of Turkey and the Republic of Bulgaria in the mouth area of
the Mutludere Rezovska River shall follow the median line within the river bed/channel (measured at mean
sea level), fixed after its clearing and refashioning.
3. The initial boundary point in the mouth area of the Mutludere/Rezovska river shall have the
rectangular coordinates x=5025m and y=7839m, and the terminal boundary point in the mouth of the river
shall have the rectangular coordinates x=5324m and y=8339m, determined on the plan of the mouth area of
the Mutludere/Rezovska river, scale 1:1000, mutually adopted in September 1992 (annex 3 to this
Agreement). The terminal boundary point in the river mouth constitutes the terminal point of the land
boundary between the Parties.
4. The Parties shall ensure the free outflow of the river water into the Bay on the basis of a joint
engineering project which shall be prepared in accordance with provisions set up in Annex I to this
Agreement.

1
Entered into force on 4 November 1998. United Nations Treaty registration No. 36204, 1 November 1999..

129
Article 2
The maritime boundary in the Begendik/Rezovo Bay

1. The maritime boundary between the Republic of Turkey and the Republic of Bulgaria in the
Begendik/Rezovo Bay starts from the terminal land boundary point in the river mouth with coordinates as
determined in article 1, paragraph 3, of this Agreement. From that point the maritime boundary continues
through points with coordinates:
Point C 41° 58' 43.6" and 28° 01' 53.3" E
Point D 41° 58' 41.5" and 28° 02' 05.1" E
Point E 41° 58' 48.5" and 28° 02' 15.8" E
which is established on the baseline closing the internal waters of the Bay from the sea.
2. The Parties agree to establish a common navigation sector in the Bay and a navigation regime in
this sector which is defined in annex 2 to this Agreement.
3. The boundary in the Begendik/Rezevo Bay and the navigation sector are shown on the map of the
Begendik/Rezovo Bay, scale 1:10000, mutually adopted in 1983 (annex 4). All coordinates referred to in
paragraph 1 of this article are in the coordinate system of the annexed map, with the exception of the
terminal land boundary point in the mouth of the Mutludere/Rezovska River.

Article 3
The lateral boundary of the territorial sea

1. The lateral boundary between the Republic of Turkey and the Republic of Bulgaria in the
territorial sea begins from point E as established on the baseline of the Begendik/Rezovo Bay in accordance
with article 2, paragraph 1, of this Agreement. Then the boundary continues through loxodroms to point F
with coordinates 41°58'52.8"N and 28°02'25.2"E and then it follows the geographic parallel 41°58'52.8
until it meets the terminal point with coordinates 41°58'52.8"N and 28°19'25.8"E established on the twelve-
nautical-mile outer limit of the territorial sea.
The geographical coordinates referred to in this paragraph are expressed in terms of the World
Geodetic System 1984 (WGS’84), except for point E.
2. The boundary of the territorial sea, as determined in article 3, paragraph 1, of this Agreement, is
shown on the Bulgarian maritime chart N 5001 (ed.1981), scale 1:550 000, and on the Turkish maritime
chart N 10-A (ed. 1993), scale 1:750 000 (annex 5A and annex 5B). The coordinates are shown on the
annexed charts in their coordinate systems.

Article 4
The boundary of the continental shelf and the exclusive economic zone

1. The boundary of the continental shelf and the exclusive economic zone between the Republic of
Turkey and the Republic of Bulgaria in the Black Sea begins from the terminal point of the lateral
boundary of the territorial seas, determined in article 3, paragraph 1, of this Agreement and continues in
north-east direction, through geodetic lines joining the turning points with coordinates:
Coordinate system
WGS’84
1. 41° 59' 52" N and 28° 19' 26" E
2. 42° 14' 28" N and 29° 20' 45" E
3. 42° 26' 24" N and 29° 34' 20" E
4. 42° 29' 24" N and 29° 49' 36" E
5. 42° 33' 27" N and 29° 58' 30" E

130
6. 42° 48' 03" N and 30° 34' 10" E
7. 42° 49' 31" N and 30° 36' 18" E
8. 42° 56' 43" N and 30° 45' 06" E
9. 43° 19' 54" N and 31° 06' 33" E
10. 43° 26 49" N and 31° 20' 43" E
As for the drawing of the delimitation line of the continental shelf and the exclusive economic
zone further to the north-east direction between geographic point 43°19'54"N and 31°06'33"E and
geographic point 43°26'49"N and 31°20'43"E, the Parties have agreed that such a drawing will be finalized
later at subsequent negotiations which will be held at a suitable time.
2. The boundary of the continental shelf and the exclusive economic zone determined in article 4,
paragraph 1, of this Agreement is shown on the Bulgarian maritime chart N 5001 (ed.1981), scale 1:500
000, and on the Turkish maritime chart N 10-A (ed.1993), scale 1:750 000 (annex 5A and annex 5B). The
coordinates are shown on the annexed charts in their coordinate systems. A corresponding list of the
coordinates of the turning points valid for each chart will be written on the respective charts.
The geographical coordinates referred to in article 4, paragraph 1, of this Agreement are expressed
in terms of the World Geodetic System 1984 (WGS’84).

Article 5
Annexes to the Agreement

All annexes to this Agreement constitute its integral part.

Article 6
Registration

Upon its entry into force, this Agreement shall be registered with the Secretariat of the United
Nations pursuant to Article 102 of the Charter of the United Nations.

Article 7
Settlement of disputes

Any dispute between the Parties arising out of the interpretation or implementation of this
Agreement shall be settled in accordance with Article 33 of the Charter of the United Nations.

Article 8
Entry into force

This Agreement shall be subject to ratification according to the respective constitutional


procedures of the Parties. It shall enter into force on the date of the exchange of the instruments of
ratification.
DONE at Sofia on 4 December 1997 in two original copies in the English language.

ANNEX 1
JOINT ENGINEERING PROJECT REGARDING THE FREE OUTFLOW
OF THE MUTLUDERE/REZOVSKA RIVER

1. The Parties shall create conditions for the free flow of the water of the river into the Bay and for
avoiding the flooding of the river bank areas, and for this purpose they shall clear and refashion parts of the
existing constructions in the mouth area of the river. The clearing and refashioning shall guarantee access
of both Parties into the river mouth area as well.

131
2. The parts of constructions subject to clearing and refashioning shall be the following:
(a) On the right river bank - the three spurs (TS3, TS2 and TS1) and area around the base
point T-53 (on the spit);
(b) On the left river bank - area around the base point B-38 (against third Turkish spur) and
area in front of the base point B-32 (in the area where the river flows into the sea).
3. The Parties agree that the clearing and refashioning shall be effected on the basis of a joint
engineering project. The project shall be prepared according to the plan of the mouth area of the
Mutludere/Rezovska River, scale 1:1000, mutually adopted in September 1992 (annex 3). The project shall
be prepared not later than twelve months following the entry into force of this Agreement and be submitted
for approval to the competent authorities of the Parties.
4. The joint engineering project shall be reasonable, feasible and cost-effective. It shall ensure the
free outflow of normal and flood river water. The project shall envisage ways by which the expenses shall
be financed by the Parties for its preparation and execution.
5. The width of the river bed/channel (at altitude -3m. below the mean sea level) in the places of the
clearing and refashioning is determined at 30m The remaining parts of the river bed/channel, after
refashioning, shall not be narrower than that determined by the project.
6. Following the clearing and refashioning of the mouth area of the river, the Parties have the right to
execute only restoration and rebuilding activities which may not change the river bed/channel and the river
boundary fixed after the mutually agreed clearing and refashioning.

ANNEX 2
NAVIGATION REGIME IN THE COMMON NAVIGATION SECTOR
IN THE BEGENDIK/REZOVO BAY

1. The common navigation sector, referred to in Article 2 to this Agreement, shall have the form of
an acute angle of 50° at point C and two other points, respectively, on the Turkish and the Bulgarian banks.
The Turkish and the Bulgarian sides shall place on these points navigation signs, visible for vessels in the
Bay. The boundary in the internal waters of the Bay will be the bisectrix of this sector which divides it into
two sub-sectors, with a 25° angle each, respectively, in the Turkish and the Bulgarian waters of the Bay.
2. The navigation regime in the common navigation sector in the Begendik/Rezovo Bay is
established as follows:
(a) Vessels flying the flag of either Party have the right, taking into account the
meteorological and other conditions for navigation in the Bay, to navigate towards the river mouth and
backward within the boundaries of the whole sector, and to cross the boundary between the sub-sectors,
which shall not be considered a violation of the boundary between the Parties.
(b) Navigation of either Party’s vessels in the internal waters of the other Party beyond the
outer limits of that other Party’s sub-sector will be subject to permission.
(c) The nationals and vessels of each Party may perform economic and research activity only
within its sub-sector.

132
ANNEX 32
PLAN OF THE MOUTH AREA OF THE MUTLUDERE/REZOVSKA RIVER

ANNEX 4
MAP OF THE BEGENDIK/REZOVO BAY

ANNEX 5A
BULGARIAN MARITIME CHART N 5001

ANNEX 5B
TURKISH MARITIME CHART N 10-A

2
Annexes 3, 4, 5A and 5B were not reproduced for technical reasons.

133
134
IV. Indian Ocean Region

France and Seychelles


Agreement between the Government of the French Republic and the Government of
the Republic of Seychelles concerning delimitation of the maritime boundary of the
exclusive economic zone and the continental shelf of France and of Seychelles
19 February 2001
The Government of the French Republic and the Government of the Republic of Seychelles,
Desirous of strengthening the bonds of neighbourliness and friendship between the two States,
Recognizing the need to effect a precise and equitable delimitation of the respective maritime
areas in which the two States exercise sovereign rights,
Basing themselves on the rules and principles of relevant international law, including their
expression in the United Nations Convention on the Law of the Sea of 10 December 1982, which entered
into force on 16 November 1994,
Referring to the negotiations which took place in Victoria, Mahe, Seychelles, on 27 and 28 June
2000,
Have agreed as follows:

Article 1

The delimitation line between the exclusive economic zone and the continental shelf of the French
Republic (around the territory of île de la Grande Glorieuse and île du Lys) and the exclusive economic
zone and the continental shelf of the Republic of Seychelles (Assumption Island and Astove Island) will be
based on the equidistance, considered, in this particular case, as an equitable solution, in conformity with
international law. This line has been determined by using the nearest baselines from which the territorial
sea of each State is measured.

Article 2

2.1 The line of delimitation between the exclusive economic zone and the continental shelf of the
French Republic (around the territory of île de la Grande Glorieuse and île du Lys) and the exclusive
economic zone and the continental shelf of the Republic of Seychelles (Assumption Island and Astove
Island) shall be formed by the arcs of geodesics joining the geographical coordinates listed in paragraph 2.2
of this article.
2.2 The line referred to in paragraph 2.1 of this Article is formed by a series of geodesics connecting
in the order stated in the points below, as defined by their geographical coordinates:
Latitude Longitude
1. 11º 8' 23" 45º 46' 03" E
2. 10º 39' 01" 46º 54' 40" E
3. 11º 1' 15" 48º 29' 7" E

Article 3

3.1 The geographical coordinates referred to in paragraph 2.2 of article 2 are based on the World
Geodetic System 1984 (WGS 84).
3.2 This line is drawn for illustrative purposes on the chart annexed to this Agreement.

135
Article 4

The line referred to in paragraph 2.1 of article 2 will be the maritime boundary between the areas
referred to in article 1 in which the Parties exercise, or will exercise, in accordance with international law,
any sovereign rights or jurisdiction.

Article 5

Any dispute arising between the Parties with respect to the interpretation or the application of this
Agreement shall be resolved by peaceful means, in accordance with international law.

Article 6

This Agreement shall enter into force on the date of signature thereof.
IN WITNESS THEREOF, the representatives of the two Governments, being duly authorized for
this purpose, have signed this Agreement and have affixed thereto their seals.
DONE at Victoria, Mahe, Seychelles, on 19 February 2001, in two originals, each in the French
and English languages, the two texts being equally authoritative.
For the Government of the French Republic: For the Government of the Republic of Seychelles:
Charles Josselin Jeremie Bonnelame
The Minister attached to the Minister for The Minister for Foreign Affairs
Foreign Affairs, with responsibility for
Cooperation and Francophonie

136
137
V. Pacific Region

A. North Pacific

Democratic People's Republic of Korea


and Russian Federation
Agreement between the Government of the Union of Soviet Socialist Republics and
the Government of the Democratic People's Republic of Korea concerning the
regime of the Soviet-Korean State frontier
3 September 1990
The Government of the Union of Soviet Socialist Republics and the Government of the
Democratic People's Republic of Korea, hereinafter referred to as the "Contracting Parties" or the "Parties",
Having regard to the relations of friendship and cooperation existing between the two countries,
On the basis of mutual respect for State sovereignty, independence and autonomy, equality of
rights and territorial integrity,
With a view to determining the legal bases for the maintenance of the regime of the Soviet-Korean
State frontier and the settlement of any frontier questions that may arise,
Have agreed as follows:

SECTION I
Line of the State frontier, frontier marks and reference marks

Article 1

1. The State frontier between the Union of Soviet Socialist Republics and the Democratic People's
Republic of Korea, in accordance with the Agreement between the USSR and the Democratic People's
Republic of Korea concerning the Soviet-Korean State frontier line, signed on 17 April 1985, shall begin at
the junction of the frontiers of the USSR, the Democratic People's Republic of Korea and the People's
Republic of China (point A), situated in the middle of the River Tumannaya (Tumen), and runs along the
middle of its main channel to a point in the mouth of that river whose geographical coordinates are:
B = 42° 17'34.34" north latitude, L = 130° 41' 49.16" east longitude
From that point the frontier between Soviet and Korean territorial waters in the Sea of Japan (East
Korean Sea) shall run in a straight line to the point of its intersection with the line of the outer limit of
Soviet and Korean territorial waters, whose geographical coordinates are:
B = 42° 09' north latitude, L = 130° 53' east longitude.
The State frontier between the USSR and the Democratic People's Republic of Korea on the
railway bridge known as Friendship Bridge shall coincide vertically with the frontier established along the
middle of the main channel of the River Tumannaya (Tumen), and shall run through a point at a distance of
89.1 metres from the beginning of the reinforced concrete span of the bridge on the Soviet side and at a
distance of 491.5 metres from the beginning of the metal span of the bridge on the Korean side.
The line of the State frontier between the USSR and the Democratic People's Republic of Korea
shall also divide vertically the airspace and the subsoil.
The line of the State frontier in this Agreement shall hereinafter be referred to as the "frontier" or
the "frontier line".

138
2. A detailed description of the course of the State frontier line is set forth in the documents
demarcating the Soviet-Korean State frontier from 1986 to 1989.
The demarcation documents are:
The Protocol between the Government of the Union of Soviet Socialist Republics and the
Government of the Democratic People's Republic of Korea concerning the demarcation of the Soviet-
Korean State frontier, hereinafter referred to as the "Demarcation Protocol";
The 1:25,000 scale map of the State frontier between the Union of Soviet Socialist Republics and
the Democratic People's Republic of Korea along the frontier River Tumannaya (Tumen).
The 1:100,000 scale map of the boundary between the territorial waters of the Union of Soviet
Socialist Republics and the Democratic People's Republic of Korea;
The 1:10,000 scale plan of the mouth of the River Tumannaya (Tumen);
The protocols concerning frontier and reference marks with plans and sketches, and the other
documents referred to in the annexes to the Demarcation Protocol.

Article 2

1. The State frontier between the USSR and the Democratic People's Republic of Korea shall be
designated on the spot by 22 frontier marks and 2 reference marks, placed on both banks of the River
Tumannaya (Tumen), and on the railway bridge known as Friendship Bridge by a solid red strip 15 cm.
wide. At the intersection of the longitudinal axis of the bridge with this strip, a red cross, 3 cm. in diameter
against the background of a white circle 10 cm. in diameter, shall be placed.
2. Each frontier mark shall consist of two reinforced concrete posts belonging to the USSR and the
Democratic People's Republic of Korea respectively, bearing a single serial number, and the State emblem
shall be of the prescribed colour.
The frontier marks shall be numbered downstream from 1 to 22.
On the frontier posts placed in Soviet territory, the State emblem of the USSR shall be affixed on
the side facing the Democratic People's Republic of Korea. On the border posts placed in Korean territory,
the State emblem of the Democratic People's Republic of Korea shall be affixed on the side facing the
USSR.
The posts of the frontier marks placed in the territory of the USSR shall be painted with alternate
red and green horizontal stripes.
The posts of the frontier marks placed in the territory of the Democratic People's Republic of
Korea shall be painted with blue, white, red, white and blue horizontal stripes.
Protocols and plans and sketches of the frontier marks shall be drawn up.
3. The reference marks shall be made of metal, and shall be equipped with shields for daytime
visibility and with an optical lighting device for night-time visibility with fixed sectors of illumination. The
shields shall be painted with orange fluorescent paint and shall have a white vertical stripe in the middle.
The front reference marks shall be placed in the territory of the USSR, and the rear reference
marks in the territory of the Democratic People's Republic of Korea.
Bronze panels shall be affixed on the front side of the reference marks. The bronze panel of the
front reference mark shall bear a representation of the State emblem of the USSR and an appropriate text in
Russian, and the bronze panel on the rear reference mark shall bear a representation of the State emblem of
the Democratic People's Republic of Korea and an appropriate text in Korean.
A red light on the front reference mark shall warn vessels coming from the Korean side, and a
green light shall warn vessels coming from the Soviet side that they are approaching the frontier between
the territorial waters of the USSR and those of the Democratic People's Republic of Korea.
A protocol and a plan and sketch of each reference mark shall be drawn up.

139
4. The location of each frontier post of the front and rear reference marks and of the red stripe on
Friendship Bridge marking the frontier line shall be determined by the Demarcation Protocol.
5. On the river section of the State frontier along the River Tumannaya (Tumen), the number of
islands and the State to which they belong have been determined by the Demarcation Protocol as follows:
one island belongs to the USSR, and 16 islands belong to the Democratic People's Republic of Korea.

Article 3

1. In the event of any natural change which may occur in the main channel of the River Tumannaya
(Tumen) in individual sections thereof, the frontier line shall remain unchanged until the Parties agree
otherwise.
2. The contracting Parties have agreed that joint checks of the State frontier line between the USSR
and the Democratic People's Republic of Korea shall be carried out every 10 years, starting on the date of
the entry into force of this Agreement. If the need arises, joint checks shall be carried out at shorter
intervals along the entire length of the frontier or on individual sections thereof by agreement between the
Parties.
For these purposes, the Contracting Parties shall establish a Joint Commission on a basis of equal
footing.
3. In the event that changes are noted in the middle line of the main channel of the River Tumannaya
(Tumen) or of individual sections thereof, the Joint Commission shall prepare proposals for adjustments to
the frontier line.
4. For those sections of the River Tumannaya (Tumen) in respect of which the Contracting Parties
deem it necessary to make changes in the frontier line, the Joint Commission shall draw up new
demarcation documents.
5. The Joint commission shall verify the course of the frontier line on the basis of the demarcation
documents referred to in article 1, paragraph 2, of this Agreement. If necessary, the Joint Commission shall
make proposals regarding changes in the course of the frontier line, resolve questions relating to the
placement of additional frontier marks or changes in position of existing frontier marks and prepare the
relevant documents.
6. The time and method of joint checks of the course of the frontier line shall be agreed in advance
between the Parties.

SECTION II
Maintenance, care and restoration of frontier and reference marks

Article 4

1. The Contracting Parties undertake to maintain the frontier and reference marks placed to designate
the frontier, the painted strip on Friendship Bridge and the frontier clearings that the situation, type, shape,
dimensions and colour of the marks and the width and cleanness of the clearings meet all the requirements
set forth in the frontier demarcation documents referred to in article 1, paragraph 2, of this Agreement.
2. The maintenance of the frontier and reference marks placed to designate the frontier line shall be
shared by the Parties as follows:
The front reference mark and the frontier posts which are in the territory of the USSR shall be
maintained by the Soviet side;
The rear reference mark and those frontier posts which are in the territory of the Democratic
People's Republic of Korea shall be maintained by the Korean side.

140
3. The 15 cm. wide stripe marking the frontier line on the railway bridge known as Friendship Bridge
shall be painted during the course of the year alternately by each Party as required.
4. In order to ensure the visibility of frontier and reference marks, the Contracting Parties have
agreed that an area with a radius of 2.5 m. around the frontier posts and an area with a radius of 20 m.
around the reference marks, as well as frontier clearings extending 5 m. from each frontier post and
reference mark to the bank of the river in the direction of the post of that frontier mark or the reference
mark of the other Party shall be cleared of trees, bushes and other tall vegetation. The frontier authorities
of the Contracting Parties shall be responsible for cleaning the frontier clearings independently.

Article 5

1. The frontier authorities of the Contracting Parties shall be responsible for monitoring and
maintaining frontier and reference marks, the painted stripe on Friendship Bridge and the frontier clearings
independently in their own territory.
Once every two years the frontier authorities of the Parties shall carry out joint surveys of the
frontier and reference marks, and the painted stripe on Friendship Bridge and the frontier clearings. The
Frontier Commissioners of the Parties shall agree each time on when to begin the joint survey.
2. The Frontier Commissioners of the Parties shall draw up a report in two copies, each in the
Russian and Korean languages, on the results of the joint survey.
3. If it becomes necessary to make an additional joint survey of the frontier and reference marks or of
the frontier clearings, the Frontier Commissioner of one Party shall inform the Frontier Commissioner of
the other Party in writing to that effect. The additional joint survey shall take place no later than 10 days
following the date of receipt of such notification.

Article 6

1. If frontier posts and reference marks are lost, destroyed or damaged, they shall be restored as soon
as possible by the frontier authorities of the Party to which they have been assigned in accordance with
article 4 of this Agreement. The frontier authorities of one Contracting Party shall notify the frontier
authorities of the other Contracting Party in writing when the work is to begin, such notification to be given
not later than 10 days before the work is to begin.
2. The restoration of frontier posts, reference marks and the painted stripe on Friendship Bridge shall
be carried out in accordance with the demarcation documents. The results of the restoration work shall be
checked on the spot by competent specialists, using the control measurements with the participation of
representatives of the frontier authorities of the Parties.
3. If frontier marks or individual frontier posts are lost, damaged or destroyed, they may, if
necessary, be moved from their previous locations, provided that the course of the frontier line remains
unchanged, and they may be re-erected in places where their safety is assured. Any such changes in the
location of frontier marks shall be made by agreement between the Frontier Commissioners of the two
Parties.
4. The frontier authorities of the Contracting Parties shall draw up reports in two copies, each in the
Russian and Korean languages, on any restoration work on frontier and reference marks.
For each frontier mark or individual post of a frontier mark moved to a new location, a new
protocol shall be drawn up for the mark, as well as a plan and sketch of its location: these shall be drawn
up in two copies in accordance with the Demarcation Protocol and shall be annexed thereto.
5. Work to repair damaged frontier posts and reference marks shall be carried out independently by
each Party without the participation of representatives of the frontier authorities of the other Party.
6. The Contracting Parties shall take steps to protect the railway bridge known as Friendship Bridge
and the frontier and reference marks and shall prosecute persons found guilty of moving, damaging or
destroying them.

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SECTION III
Regulations governing the crossing of the State frontier

Article 7

1. Nationals of one Contracting Party may enter, depart from, pass through in transit and temporarily
stay in the territory of the other Contracting Party by virtue of valid travel documents issued by the
competent organs of the State of which they are nationals under the conditions laid down in the Agreement
between the Government of the Union of Soviet Socialist Republics and the Government of the Democratic
People's Republic of Korea on the travel of their nationals between the two States of 22 January 1986 and
the additional agreed documents annexed thereto.
2. Railway service personnel of the Parties shall be permitted to cross the State frontier and stay
within the confines of the frontier railway station or the designated staging area between the frontier
stations on the basis of the Frontier Railway Agreement between the Ministry of Communications of the
USSR and the Ministry of Communications of the Democratic People's Republic of Korea, concluded on
18 December 1953, and the additional agreed documents annexed thereto.

Article 8

1. Nationals and means of transport of the Contracting Parties may cross the frontier only at crossing
points opened by the Parties for international and bilateral traffic and when in possession of the requisite
documents.
2. The Contracting Parties shall have the right, for health or other reasons, temporarily to impose a
full or partial ban on the crossing of the State frontier by nationals and means of transport of both Parties.
The Parties shall immediately inform each other when restrictions on frontier crossings are imposed.

Article 9

In the event of a fire or other natural disaster near the frontier, fire-fighting teams or other rescue
groups may cross the frontier at any time of the day or night by virtue of lists certified by the Frontier
Commissioners or deputy Frontier Commissioners of the Parties, or of identity documents. The place and
specific time of crossings by such groups in both directions shall be agreed upon between the Frontier
Commissioners of the Contracting Parties.

Article 10

The Parties have agreed that simplified regulations for State frontier crossings by nationals living
in localities in the frontier zone will be determined in a separate agreement between the Contracting Parties.

Article 11

Regulations governing rail communications and the use of other means of communication
crossing the frontier, shall be established in separate agreements between the Contracting Parties.

Article 12

Persons crossing the frontier from the territory of one Party at an established crossing point who
are not in possession of the requisite documents affording them the right to enter the territory of the other
Party shall be returned to the territory from which they have crossed.

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SECTION IV
Prevention of the illegal crossing of the State frontier

Article 13

The following are guilty of violations of the State frontier between the USSR and the Democratic
People's Republic of Korea:
Persons crossing or trying to cross the State frontier by any method other than at the frontier
crossing points, or at frontier crossing points but in violation of the regulations for crossing, as well as
persons boarding or trying to board vehicles used on routes crossing the frontier with a view to illegal
departure across the frontier;
Civilian vessels and naval vessels entering the territorial or internal waters without the permission
of the competent organs of the Parties or in violation of the established regulations for entry into those
waters;
Aircraft and other air vehicles crossing the State frontier without the requisite authorization of the
competent organs of the Parties or committing other violations of the regulations governing overflight of
State frontiers;
Crossing the State frontier by any other technical or other means without the authorization of the
competent organs of the Parties or in violation of the established regulations also constitutes a violation of
the State frontier.

Article 14

1. With a view to protecting the common State interests of both countries, the frontier authorities of
the Contracting Parties shall take the necessary steps to prevent the illegal crossing of the frontier and shall
inform the Frontier Commissioner of the other Party accordingly. In the event that those guilty of
violations cross from the territory of one Party to the territory of the other Party, the Frontier Commissioner
of the first Party shall inform the Frontier Commissioner of the other Party accordingly. The latter shall
take steps to ensure the timely handing over of the offenders to the territory of the Party from which they
crossed.
2. If a Party detaining a person who has illegally crossed the frontier finds it necessary to carry out
further investigations, it may detain that person for the time required to carry out such investigations, after
informing the Frontier Commissioner of the other Party of the detention.
3. Such persons shall be handed over in daytime only by the Frontier Commissioners or their
deputies. The Frontier Commissioners or their deputies shall agree in each case on the time for handing
over such persons. By mutual agreement, they shall establish forms to be filled out when such persons are
handed over.
4. Persons who have unintentionally made an illegal frontier crossing, on foot or in a vehicle, and the
vehicles and property belonging to such persons held in the territory of one of the Contracting Parties shall
be handed over as soon as possible to the frontier authorities of the other Party.
Neither of the Parties has the right to refuse to accept the return of such persons, vehicles and
property.
5. Persons who have illegally crossed the border need not be handed over to the other Party if:
They are nationals of the Party which has detained them;
In addition to having crossed the State frontier illegally, they have another offence under the laws
of the Party which has detained them.

143
6. If persons who have illegally crossed the frontier are not handed over for the reasons specified in
paragraph 5, or cannot be handed over forthwith for any other reason, the Frontier Commissioner of the
other Party shall be notified.
7. Persons who have illegally crossed the State frontier and committed other offences shall be handed
over to the frontier authorities of the Party of which they are nationals after serving their sentence.

SECTION V
Regulations governing the use of frontier waters and economic
activities on the State frontier

Article 15

For the purposes of this Agreement, the term "frontier waters" means the section of the River
Tumannaya (Tumen) along which the line of the State frontier between the USSR and the Democratic
People's Republic of Korea runs. On the frontier River Tumannaya (Tumen), the Contracting Parties shall
have equal rights to the use of the waters for economic and household purposes. The Contracting Parties
shall take appropriate measures to ensure that, in the use of the frontier waters, the rights to the use of those
waters set out in this Agreement are observed and respected.

Article 16

The frontier authorities of the Contracting Parties shall, if necessary, on a reciprocal basis and in
good time, exchange information on the water level and ice condition of the river, if such information can
serve the purpose of averting the dangers posed by flooding or drifting ice.

Article 17

Vessels of both Contracting Parties may navigate in frontier waters only up to the State frontier
line, and shall not be permitted to anchor on the State frontier line, or to tie up to the piers of the railway
bridge known as Friendship Bridge, except when there are exceptional circumstances (accidents).

Article 18

Vessels of the Contracting Parties may tie up to the other Party's river bank in the event of
exceptional circumstances (accidents, natural disasters, etc.). In such cases the Frontier Commissioner of
the other Party shall be notified as soon as possible.

Article 19

The frontier authorities of the Contracting Parties shall provide all possible assistance and aid to
nationals of both countries in the event of natural phenomena (flooding, drifting ice, etc.). Such measures
shall be carried out by agreement between the frontier authorities of the Parties.

Article 20

If unidentified objects or animal carcasses are discovered in frontier waters or on the banks of the
river, the frontier authorities of the Parties shall take measures to establish the ownership thereof. Property
belonging to the other Party shall, as a rule, be handed over during daylight hours in accordance with the
prescribed forms and with the prior agreement of the Frontier Commissioners.

144
Article 21

1. If human corpses are discovered in frontier waters or on the banks of the river, the identity thereof
shall, if necessary, be established jointly by representatives of the frontier authorities of both Parties. The
Frontier Commissioners or their deputies may, after agreeing together in advance, carry out the necessary
investigations in situ to resolve such cases. The Frontier Commissioner of the Party in whose territory the
corpse was found shall direct such investigations.
2. Appropriate reports shall be drawn up concerning the results of such investigations.
3. Joint investigations in situ shall not be regarded as actions falling within the competence of the
judicial or administrative authorities of either Party.

Article 22

1. Nationals of the Contracting Party may fish in its waters only up to the State frontier line and in
accordance with regulations in force in their territory. The use of explosive, poisonous or narcotic
substances, and of other methods involving the large-scale destruction of fish and damage to fish stocks is
prohibited.
2. Questions relating to the preservation and breeding of fish in frontier waters and other measures
concerning fishing shall be regulated by separate agreements between the Contracting Parties.

Article 23

The frontier authorities of the Contracting Parties shall ensure that the regulations relating to the
hunting of wild animals and birds in their territory are strictly observed near the frontier line and that, while
hunting is being carried on, shooting in the direction of the frontier or the pursuit of animals and birds
across the frontier are prohibited.

Article 24

1. In areas adjacent to the frontier line, the Contracting Parties shall so conduct their industrial and
agricultural operations, forestry and mining as not to harm the economic interests of the other Contracting
Party.
2. The economic activities of one Contracting Party must not have a harmful effect on the other
Party's environment.
3. If there is a danger of the spread of forest and agricultural pests, the frontier authorities of the
Contracting Party in whose territory such pests have appeared shall immediately inform the frontier
authorities of the other Contracting Party and shall take all measures within their power to prevent the
spread of the pests across the frontier. The frontier authorities of the other Contracting Party shall offer all
possible assistance in the implementation of such measures.

Article 25

Blasting or other operations near the frontier in connection with the shifting of rocks and soil may
be carried out only after prior notification to the frontier authorities of the other Party, not less than two
days in advance. During such operations, precautionary measures must be taken to prevent injury or
damage to nationals and property of the other Party.

Article 26

1. The condition and direction of the main channel of the frontier River Tumannaya (Tumen) shall,
as far as possible, be kept unchanged. In this connection, neither Contracting Party may change the natural
flow of the water in the main channel and in places submerged at high water, to the detriment of the other
Party, by building hydroelectric or other installations which may affect the hydraulics of the current.

145
2. Dykes and other installations in the frontier waters may be maintained and operated, with the
exception of those which have the negative effect of changing the water regime and the removal of which is
deemed necessary by the Contracting Parties.
3. The construction on the frontier River Tumannaya (Tumen) of new bridges, dams, dykes and other
hydroelectric installations and their use in each individual case shall be permitted only by mutual
agreement between the Contracting Parties.
4. The Parties shall agree on the regulations governing drainage into and out of the frontier river, and
all other questions relating to the regime of the frontier waters. If it is necessary re-equip or remove
installations and this involves changes in the water level by the river bank of the other Party, the work may
be begun only after that Party has given its consent.
5. Individual sections of the channel of the river shall be cleared where the Parties jointly deem it
necessary. When the channel of the river is being cleared, the soil dredged must be dumped at specifically
designated spots, and care must be taken to ensure that there is no caving in of the banks of contamination
of the channel of the river and no obstruction to the flow of the water at high water.
6. The Parties shall take the necessary measures to prevent willful damage to the banks of the frontier
river, pollution of its channel during the repair and technical servicing of the railway bridge, and the
poisoning of the river water by chemical substances or pollution with untreated sewage, as well as
contamination by any other means.
7. In the even that, through the fault of one of the Contracting Parties, material loss is caused to the
other Contracting Party as a result of a failure to comply with the provisions of articles 23, 24, 25 and 26 of
this Agreement, compensation for that loss shall be paid by the Party which caused it.

Article 27

The Contracting Parties shall, when necessary, conclude separate agreements on questions relating
to the preservation of forests, waters and other natural resources in the frontier area and their economic
exploration and to the control of forest and agricultural pests.

Article 28

Questions relating to the frontier regime between the territorial waters of the USSR and the
Democratic People's Republic of Korea shall be regulated by the provisions of this Agreement, and by the
relevant legislation of the Contracting Parties.

SECTION VI
Rights and obligations of Frontier Commissioners and
regulations governing their work

Article 29

The frontier authorities referred to in this Agreement shall be the Frontier Commissioners of the
Union of Soviet Socialist Republics and of the Democratic People's Republic of Korea and their deputies.

Article 30

1. The Government of the USSR and the Government of the Democratic People's Republic of Korea,
for the purpose of resolving questions relating to the maintenance of the State frontier regime and any
frontier questions which may arise, shall appoint one Frontier Commissioner and two deputy Frontier
Commissioners. Each Contracting Party shall communicate the names of the Frontier Commissioners and
their deputies to the other Party through the diplomatic channel. A deputy shall enjoy the same rights as a
Frontier Commissioner when acting in the capacity of representative of his Party.

146
2. The Frontier Commissioners of the Parties shall have the right to appoint one assistant each, as
well as the necessary number of secretaries and interpreters, and when necessary, to call in competent
experts.
3. The assistants to the Frontier Commissioners shall carry out the specific instructions of the
Frontier Commissioners relating to the maintenance of order on the frontier.

Article 31

1. The sectors in charge of the Frontier Commissioners of the Parties shall be the sector of the State
frontier from the junction of the frontiers of the USSR, the Democratic People's Republic of Korea and the
People's Republic of China (point A) on the River Tumannaya (Tumen) to a point in the Sea of Japan (east
Korean Sea) whose geographical coordinates are 42o 09' north latitude and 130o 53' east longitude.
2. The permanent place of residence of the Frontier Commissioner of the USSR shall be in the
village of Posyet, and that of the Frontier Commissioner of the Democratic People's Republic of Korea
shall be in the town of Najin.

Article 32

1. Written credentials, in the Russian and Korean languages, shall be issued:


To the Frontier Commissioner of the USSR and his deputies, by the officer commanding the
frontier forces of the USSR;
To the Frontier Commissioner of the Democratic People's Republic of Korea and his deputies, by
the Head of the Central Command of the frontier forces of the Democratic People's Republic of
Korea;
To assistants, by the Frontier Commissioners of the Parties.
2. The Frontier Commissioners of the Parties shall communicate to each other the permanent place of
residence of their deputies and assistants.

Article 33

1. Within the limits of the rights and obligations established in this Agreement, the Frontier
Commissioners of the Parties shall take measures to ensure the proper maintenance and upkeep of the State
frontier and compliance with the regulations governing passage across it, to prevent the illegal crossings of
the frontier, and to ensure compliance with regulations governing the use of frontier waters and economic
activities on the State frontier.
2. With a view to the prompt and optimal settlement of frontier questions, Frontier Commissioners of
the Parties shall be obliged to carry out investigations and take steps in the following cases:
Firing across the frontier;
The killing or wounding of nationals, and the infliction of bodily harm or other injury to their
health as a result of actions across the frontier, and violent actions against persons in the territory
of the other Party;
The illegal crossing of the frontier by individuals;
The violation of the frontier by river or maritime vessels, boats and rafts, and the crossing of the
frontier by aircraft outside the air corridors for overflight established by special agreements;
The movement of cattle and other domestic animals across the frontier;
The moving, damaging, destruction and loss of frontier marks or of individual frontier posts
marking the frontier line;
The spread of natural disasters across the frontier to the territory of the other Party;

147
Illegal forms of communication across the frontier;
The movement of contraband goods across the frontier;
The theft, destruction or damaging of State and other property in the frontier zone of the other
Party;
The large-scale movement of agricultural pests across the frontier;
Other violations on the frontier.
3. The Frontier Commissioners of the Parties shall formulate measures to ensure compliance with the
frontier regime by the inhabitants of localities in the frontier zone for the joint control of smuggling and the
proper maintenance of frontier and reference marks and frontier clearings, and to provide warnings of the
consequences of flooding or drifting ice on the frontier river.
4. The Frontier Commissioners of the Parties shall exchange information regarding violations of the
State frontier and matters relating to the passage of people and vehicles across the frontier and timely
warnings to avert the consequences of flooding and drifting ice.
5. The Frontier Commissioners of the Parties shall consider and take action on all questions referred
to in the relevant articles of this Agreement which relate to claims for compensation in respect of damage
caused to either of the Parties as a result of the violation of the frontier regime by nationals, organizations
or authorities of the other Party.
Decisions relating to compensation for damages shall be subject to approval by the competent
organs of the Parties.

Article 34

1. The Frontier Commissioners of the Parties may, on their own initiative, refer matters relating to
serious incidents at the frontier (homicide or the infliction of serious bodily harm) and other particularly
serious cases for settlement through the diplomatic channel, after notifying the Frontier Commissioners of
the other Party.
In such cases the Frontier Commissioners of both Parties shall jointly make the necessary inquiries
and record the results in a report.
2. Matters which have not been settled between the Frontier Commissioners of the Parties shall be
referred for settlement through the diplomatic channel.
Nothing in this article shall preclude reference back to the Frontier Commissioners of matters
discussed through the diplomatic channel.

Article 35

1. Formal meetings of the Frontier Commissioners shall be held alternately in the territory of the two
Parties. For each meeting, minutes shall be drawn up briefly indicating the proceedings of the meeting, the
decisions taken and the time limits for their implementation.
The minutes of the meetings shall be drawn up in two copies, each in the Russian and Korean
languages, and shall bear the signatures of the Frontier Commissioners and their official seals.
2. Individual matters may be settled by direct correspondence between the Frontier Commissioners
or through other means of communication, unless either Frontier Commissioner insists that such matters be
dealt with at a formal meeting.
3. The first formal meeting of the Frontier Commissioners shall take place not later than three
months following the date of the entry into force of this Agreement.

148
Article 36

1. Formal or informal meetings of the Frontier Commissioners and their deputies shall take place at
the request of one of them and if possible at the time mentioned in the request. The reply to the request
shall be given not later than two days after its receipt. If the date proposed for the meeting is unacceptable,
another date shall be proposed in the reply.
2. If the Frontier Commissioner of one Party requests a formal or informal meeting, the Frontier
Commissioner of the other Party must attend in person, unless he is absent for a valid reason (illness,
official travel or leave). In such a case the Frontier Commissioner shall be replaced by his deputy, and the
Frontier Commissioner of the other Party shall be so notified in good time.
3. By agreement between the Frontier Commissioners, informal meetings may take place between
their assistants.

Article 37

1. The formal and informal meetings referred to in article 36 of this Agreement shall be held in the
territory of the Party on whose initiative the meeting has been convened.
2. Formal or informal meetings shall be presided over by the Frontier Commissioner of the Party in
whose territory they are held, or by his deputy.
3. The agenda of a formal meeting may be agreed upon through negotiations, an exchange of letters
or other means. In exceptional circumstances, items not on the agenda may be dealt with by mutual
consent.

Article 38

The Frontier Commissioners of the Parties, their deputies and assistants shall inform each other as
soon as possible of the measures taken with regard to matters on which decisions were previously adopted
at formal or informal meetings.
Decisions taken by the Frontier Commissioners or their deputies on matters relating to the
violation of the frontier regime shall enter into force at the time of the signing of the report on the matter
concerned.
Decisions taken by assistants at informal meetings shall enter into force after they have been
confirmed by the Frontier Commissioners.

Article 39

1. Frontier Commissioners and their deputies and assistants shall cross the frontier to perform their
official functions, by virtue of the written credentials provided for in this Agreement (annexes 1 and 2).
2. Secretaries, interpreters and service personnel shall cross the frontier by virtue of passes issued by
the Frontier Commissioner of their Party. The passes shall bear a photograph, the seal and the signature of
the holder, as well as the seal and signature of the Frontier Commissioner of the other Party (annex 3). 1
3. Experts and other persons whose presence is required for the clarification of any matter may cross
the frontier by virtue of a pass valid for a single frontier crossing in each direction. The pass shall be issued
by the Frontier Commissioner of one Party, and shall be signed and sealed by the Frontier Commissioner of
the other Party (annex 4).
4. The Frontier Commissioners of the Parties shall sign the documents indicated in paragraphs 2 and
3 of this article not later than three days after such documents have been submitted to them.

1
Annexes not attached to this Agreement.

149
5. The persons referred to in this article shall cross the frontier only at the points established by the
Frontier Commissioners. The frontier authorities of the other Party shall give notice in good time, at least
12 hours in advance, of the date and time of the crossing of the State frontier.
6. If a pass for crossing the frontier is lost, its holder must immediately inform the frontier
authorities, who shall in turn inform the frontier authorities of the other Contracting Party.
The Frontier Commissioners of the two Parties shall keep each other informed of the cancellation
of such pass for crossing the frontier.
From the time the Frontier Commissioner is notified, a lost pass shall be considered invalid. In the
event that a lost pass is subsequently found, it shall be returned to the frontier authorities of the Party which
issued it.

Article 40

The Contracting Parties shall defray all the costs incurred in the implementation of this Agreement
in their territory. The costs related to the holding of formal and informal meetings shall be borne by the
Party in whose territory they are convened.

Article 41

The following meeting-points shall be established for the exchange of correspondence and the
reception and handing over of persons and property: in the territory of the USSR, the village of Khasan;
and in the territory of the Democratic People's Republic of Korea, the workers' settlement of Tumangan.
The Frontier Commissioners or their deputies shall agree on the time and place for each such
transfer.
Frontier Commissioners may, by mutual agreement, establish additional meeting- points on the
frontier.
Correspondence shall be accepted at any time of the day or night, including holidays and other
non-working days.

Article 42

1. The Frontier Commissioners and the other persons referred to in article 39 of this Agreement shall
be guaranteed immunity for their persons and for official documents and property in their possession. They
shall be entitled to wear a uniform when crossing the frontier.
2. Such persons may not take with them anything other than the means of transport and materials
required for their work, which will be admitted on condition that they will subsequently be re-exported, as
well as such food and tobacco as are needed for their personal consumption.
Such materials and food shall be taken across the frontier free of customs duties and other charges.

Article 43

Each Contracting Party shall grant to persons of the other Party who are in its territory in
connection with the performance of obligations under this Agreement, any necessary assistance, in
particular with regard to accommodation, transport and communications facilities.

150
SECTION VII
Final provisions

Article 44

Any questions which may arise regarding the interpretation or application of the provisions of this
Agreement shall be settled through consultations in a spirit of friendship, mutual respect and understanding.

Article 45

This Agreement shall remain in force for a period of 10 years from the date of its entry into force.
If neither of the Contracting Parties has announced its desire to terminate the Agreement six months before
its expiry, it shall remain in force for successive periods of 10 years.

Article 46

With effect from the date of the entry into force of this Agreement, the Convention between the
Government of the Union of Soviet Socialist Republics and the Government of the Democratic People's
Republic of Korea on the regime for the settlement of frontier questions, of 14 October 1957, shall cease to
have effect.

Article 47

This Agreement is subject to ratification and shall enter into force on the date of the exchange of
the instruments of ratification.
The exchange of the instruments of ratification shall take place at Moscow as soon as possible.
DONE at Pyongyang, on 3 September 1990, in duplicate in the Russian and Korean languages,
both texts being equally authentic.

151
152
B. Central and South Pacific

France and United Kingdom of Great Britain


and Northern Ireland
Exchange of Notes constituting an agreement between the Government of the
French Republic and the Government of the United Kingdom of Great Britain and
Northern Ireland concerning the creation and delimitation of an economic zone
around the islands of Pitcairn, Henderson, Ducie and Oeno
17 December 1992 and 19 January 1993

I
Her Britannic Majesty’s Embassy at Paris
to the Ministry of Foreign Affairs of the French Republic
British Embassy, Paris, 17 December 1993
Note No. 219/92

The British Embassy presents its compliments to the Ministry of Foreign Affairs and, with
reference to the Convention of 25 October 1983 concerning the boundary between the French economic
zone around the Tuamotu Archipelago and the fisheries zone around Pitcairn, Henderson, Ducie and Oeno
Islands, has the honour to state the following.
The competent British authorities intend to create an economic zone around Pitcairn, Henderson,
Ducie and Oeno Islands, within the same limits as the fisheries zone mentioned in articles 1 and 2 of the
Convention of 25 October 1983. In these circumstances, the Embassy has been instructed to propose that
the boundary between the French economic zone around the Tuamotu Archipelago and the economic zone
around Pitcairn, Henderson, Ducie and Oeno Islands shall be the line defined by the Convention on
Maritime Boundaries of 25 October 1983.
If this proposal is acceptable to the Ministry of Foreign Affairs, the Embassy has the honour to
propose that this note and the Ministry’s reply to that effect should constitute an agreement between our
two Governments, which will enter into force on the date of receipt of the Ministry’s reply.
The British Embassy avails itself of this opportunity to renew to the Ministry of Foreign Affairs
the assurance of its highest consideration.

II
The Ministry of Foreign Affairs of the French Republic
to Her Britannic Majesty’s Embassy at Paris
Ministry of Foreign Affairs Paris 19 January 1993

The Ministry of Foreign Affairs presents its compliments to the British Embassy and has the
honour to refer to Note No. 219 of 17 December 1992 from the British Embassy, which reads as follows:
[See Note I]
The Ministry of Foreign Affairs has the honour to inform the British Embassy of the French
Government’s agreement to the above arrangements. On those conditions, this Agreement will enter into
force on the date on which the British Embassy receives this note.
The Ministry of Foreign Affairs avails itself of this opportunity to renew to the British Embassy
the assurances of its high consideration.

153
No map available – reproduce the map from 1983

154
India, Myanmar and Thailand
Agreement between the Government of the Union of Myanmar, the Government of
the Republic of India and the Government of the Kingdom of Thailand on the
determination of the trijunction point between the three countries in the Andaman
Sea1
27 October 1993
The Government of the Union of Myanmar, the Government of the Republic of India and the
Government of the Kingdom of Thailand,
Recalling the Agreement between the Government of the Republic of India and the Government of
the Kingdom of Thailand on the Delimitation of the Seabed Boundary between the two countries in the
Andaman Sea of 22 June 1978,
Recalling also the Agreement between the Government of the Socialist Republic of the Union of
Burma and the Government of the Kingdom of Thailand on the Delimitation of the Maritime Boundary
between the two countries in the Andaman Sea of 25 July 1980,
Recalling also the Agreement between the Socialist Republic of the Union of Burma and the
Republic of India on the Delimitation of the Maritime Boundary in the Andaman Sea, in the Coco Channel
and in the Bay of bengal of 23 December 1986,
And desiring to determine the trijunction point between Myanmar, India and Thailand in the
Andaman Sea,
Have agreed as follows:

Article 1

The trijunction point between Myanmar, India and Thailand in the Andaman Sea, which is
equidistant from the nearest points of Myanmar, India and Thailand respectively, shall be the point which is
to be called Point T and defined by latitude and longitude as follows:
Point T: Latitude 09° 38' 00" North
Longitude 95° 35' 25" East

Article 2

The coordinates of the trijunction point as specified in article 1 are geographical coordinates
derived from the British Admiralty Chart No. 830 published on 3 January 1975 with new edition on 3 July
1987 and the trijunction point is indicated on the said Chart annexed hereto, which has been signed by the
competent authorities of the three countries.

Article 3

The actual location at sea of the trijunction point as specified in article 1 shall be determined by a
method to be mutually agreed upon by the persons duly authorized for the purpose by their respective
Governments.

1
Communicated by the Permanent Mission of Thailand to the United Nations. Entered into force on 24 May 1995.

155
Article 4

Any dispute between the three Governments relating to the interpretation or implementation of
this Agreement shall be settled peacefully by consultation or negotiation.

Article 5

This Agreement shall be ratified in accordance with the constitutional requirements of each
country. It shall enter into force on the date of the exchange of the instruments of ratification which will
take place at Yangon as soon as possible.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective
Governments, have signed this Agreement.
DONE in triplicate at New Delhi on the 27th day of October, one thousand nine hundred ninety-
three in the Myanmar, Hindi, Thai and English languages. In the event of any conflict between the texts,
the English text shall prevail.

156
157
Australia and Indonesia
Treaty between the Government of Australia and the Government of the Republic
of Indonesia establishing an exclusive economic zone boundary and certain seabed
boundaries 1
14 March 1997
The Government of Australia and the Government of the Republic of Indonesia (hereafter referred
to as "the Parties");
Taking into account the United Nations Convention on the Law of the Sea, done at Montego Bay
on 10 December 1982 (hereafter referred to as "the 1982 Convention"), to which both Australia and the
Republic of Indonesia are a party, and, in particular, articles 74 and 83 which provide that the delimitation
of the exclusive economic zone and continental shelf between States with opposite coasts shall be effected
by agreement on the basis of international law in order to achieve an equitable solution;
Affirming the Agreement between the Government of the Commonwealth of Australia and the
Government of the Republic of Indonesia establishing Certain Seabed Boundaries, done at Canberra on 18
May 1971, and the Agreement between the Government of the Commonwealth of Australia and the
Government of the Republic of Indonesia establishing Certain Seabed Boundaries in the Area of the Timor
and Arafura Seas, Supplementary to the Agreement of 18 May 1971, done at Jakarta on 9 October 1972
respectively, establishing permanent seabed boundaries in the area of the Timor and Arafura Seas (hereafter
collectively referred to as "the Agreements");
Affirming the Treaty between the two Parties on the Zone of Cooperation in an Area between the
Indonesian Province of East Timor and Northern Australia, done over the Zone of Cooperation on 11
December 1989 (hereafter to as "the Zone of Cooperation Treaty");
Believing that the establishment of comprehensive boundaries in the maritime areas between the
two countries will encourage and promote the sustainable development of the marine resources of those
areas and enhance the protection and preservation of the marine environment adjacent to the two countries;
Bearing in mind the Memorandum of Understanding between the Government of Australia and the
Government of the Republic of Indonesia regarding the Operations of Indonesian Traditional Fishermen in
Areas of the Australian Exclusive Fishing Zone and Continental Shelf, signed at Jakarta on 7 November
1974, and the Agreed Minutes of Meeting between Officials of Indonesia and Australia on Fisheries, signed
at Jakarta on 29 April 1989;
Fully committed to maintaining, renewing and further strengthening the mutual respect, friendship
and cooperation between the Parties through existing treaties, agreements and arrangements, as well as
their policies of promoting constructive neighbourly cooperation;
Mindful of the interests which the Parties share as immediate neighbours, and in a spirit of
cooperation, friendship and goodwill; and
Convinced that this Treaty will contribute to the strengthening of the relations between their two
countries;
Therefore agree as follows:

1
Source: Australian Foreign Affairs and Trade, treaties library internet (www.austlii.edu.au/dfat/19970314.htmml). Note that this is a
signed text but has not yet entered into force.

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Article 1
Western extension of the seabed boundary

1. In the area to the west of Point A25 specified in the Agreements, the boundary between the area of
seabed that is adjacent to and appertains to Australia and the area of seabed that is adjacent to and
appertains to the Republic of Indonesia is the line:
(a) commencing at Point A25;
(b) running thence south to the point of Latitude 11° 48' 06.1" South, Longitude 123° 14'
04.5" East ("Point A26");
(c) thence north-westerly along the arc of a circle drawn concave to Ashmore Islands with a
radius of twenty- four nautical miles to the point of Latitude 11° 47' 59.3" South, Longitude 123° 13' 38.1"
East ("Point A27");
(d) thence generally north-westerly, westerly, south-westerly, and southerly along a series of
intersecting circular arcs drawn concave to Ashmore Islands with a radius of twenty-four nautical miles and
having the following vertices:
Point Number Latitude South Longitude East
A28 11° 47' 40.3" 123° 12' 12.7"
A29 11° 47' 38.9" 123° 12' 05.2"
A30 11° 47' 25.6" 123° 11' 02.9"
A31 11° 46' 25.7" 123° 05' 27.9"
A32 11° 46' 31.8" 123° 00' 49.7"
A33 11° 46' 44.2" 122° 59' 22.9"
A34 11° 47' 07.4" 122° 57' 32.5"
A35 11° 47' 31.0" 122° 56' 08.2"
A36 11° 48' 32.1" 122° 53' 24.7"
A37 11° 50' 00.6" 122° 50' 34.5"
A38 11° 50' 48.1" 122° 49' 19.9"
A39 11° 51' 12.9" 122° 48' 05.1"
A40 11° 51' 22.4" 122° 47' 38.9"
A41 11° 51' 53.3" 122° 46' 21.2"
A42 11° 52' 53.4" 122° 44' 16.8"
A43 11° 54' 56.3" 122° 41' 04.3"
A44 11° 55' 46.7" 122° 40' 00.5"
A45 12° 00' 41.4" 122° 35' 27.9"
A46 12° 02' 05.0" 122° 34' 33.8"
A47 12° 03' 12.2" 122° 33' 55.8"
A48 12° 06' 44.6" 122° 32' 24.1"
(e) thence southerly along the arc of a circle drawn concave to Ashmore Islands with a radius
of twenty-four nautical miles to the point of Latitude 12° 14' 25.8" South, Longitude 122° 31' 06.6" East
(Point A49);

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(f) thence south-westerly along the geodesic to the point of Latitude 13° 56' 31.7" South,
Longitude 120° 00' 46.9" East (Point A50);
(g) thence north along the meridian to the point of Latitude 12° 46' 27.9" South, Longitude
120° 00' 46.9" East (Point A51);
(h) thence north-westerly along the geodesic to the point of Latitude 12° 45' 47" South,
Longitude 119° 59' 31" East (Point A52);
(i) thence north-westerly along the geodesic to the point of Latitude 12° 45' 38" South,
Longitude 119° 59' 15" East (Point A53);
(j) thence north-westerly along the geodesic to the point of Latitude 12° 43' 46" South,
Longitude 119° 56' 13" East (Point A54);
(k) thence north-westerly along the geodesic to the point of Latitude 12° 41' 57" South,
Longitude 119° 53' 18" East (Point A55);
(l) thence north-westerly along the geodesic to the point of Latitude 12° 41' 46" South,
Longitude 119° 52' 57" East (Point A56);
(m) thence north along the meridian to the point of Latitude 12° 41' 36" South, Longitude
119° 52' 38" East (Point A57);
(n) thence north-westerly along the geodesic to the point of Latitude 12° 40' 33" South,
Longitude 119° 50' 28" East (Point A58);
(o) thence north-westerly along the geodesic to the point of Latitude 12° 35' 43" South,
Longitude 119° 40' 33" East (Point A59);
(p) thence north-westerly along the geodesic to the point of Latitude 12° 32' 31" South,
Longitude 119° 33' 16" East (Point A60);
(q) thence north-westerly along the geodesic to the point of Latitude 12° 29' 19" South,
Longitude 119° 27' 17" East (Point A61);
(r) thence north-westerly along the geodesic to the point of Latitude 12° 25' 43" South,
Longitude 119° 21' 35" East (Point A62);
(s) thence north-westerly along the geodesic to the point of Latitude 12° 24' 59" South,
Longitude 119° 20' 34" East (Point A63);
(t) thence north-westerly along the geodesic to the point of Latitude 12° 23' 58" South,
Longitude 119° 16' 35" East (Point A64);
(u) thence north-westerly along the geodesic to the point of Latitude 12° 23' 42" South,
Longitude 119° 15' 23" East (Point A65);
(v) thence north-westerly along the geodesic to the point of Latitude 12° 21' 51" South,
Longitude 119° 19' 03" East (Point A66);
(w) thence north-westerly along the geodesic to the point of Latitude 12° 20' 21" South,
Longitude 119° 05' 00" East (Point A67);
(x) thence north-westerly along the geodesic to the point of Latitude 12° 19' 55" South,
Longitude 119° 02' 40" East (Point A68);
(y) thence north-westerly along the geodesic to the point of Latitude 12° 18' 50" South,
Longitude 118° 58' 31" East (Point A69);
(z) thence north-westerly along the geodesic to the point of Latitude 12° 17' 54" South,
Longitude 118° 55' 12" East (Point A70);
(aa) thence north-westerly along the geodesic to the point of Latitude 12° 15' 57" South,
Longitude 118° 49' 30" East (Point A71);

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(ab) thence north-westerly along the geodesic to the point of Latitude 12° 13' 12" South,
Longitude 118° 43' 09" East (Point A72);
(ac) thence north-westerly along the geodesic to the point of Latitude 12° 11' 01" South,
Longitude 118° 39' 00" East (Point A73);
(ad) thence north-westerly along the geodesic to the point of Latitude 12° 10' 26" South,
Longitude 118° 37' 28" East (Point A74);
(ae) thence north-westerly along the geodesic to the point of Latitude 12° 10' 06" South,
Longitude 118° 35' 16" East (Point A75);
(af) thence north-westerly along the geodesic to the point of Latitude 12° 07' 46" South,
Longitude 118° 25' 07" East (Point A76);
(ag) thence north-westerly along the geodesic to the point of Latitude 12° 06' 21" South,
Longitude 118° 20' 45"East (Point A77);
(ah) thence north-westerly along the geodesic to the point of Latitude 12° 04' 19" South,
Longitude 118° 07' 44"East (Point A78);
(ai) thence north-westerly along the geodesic to the point of Latitude 12° 04' 08.8" South,
Longitude 118° 06' 14.4" East (Point A79);
(aj) thence southerly along the geodesic to the point of Latitude 12° 04' 24.9" South,
Longitude 118° 06' 17.2" East (Point A80);
(ak) thence southerly along the geodesic to the point of Latitude 12° 49' 54.8" South,
Longitude 118° 14' 22.6" East (Point A81);
(al) thence southerly along the geodesic to the point of Latitude 13° 05' 27.0" South,
Longitude 118° 10' 08.9" East (Point A82), where it terminates.
2. An illustrative map depicting the line described in paragraph 1 of this article forms Annex 1 to this
Treaty.
3. A reference to the "seabed" in this Treaty includes the subsoil beneath the seabed.

Article 2
Exclusive economic zone

1. In the area between continental Australia and the Indonesian archipelago, the boundary between
the area of exclusive economic zone that is adjacent to and appertains to Australia and the area of exclusive
economic zone that is adjacent to and appertains to the Republic of Indonesia is the line:
(a) commencing at the point of Latitude 10° 50' 00" South, Longitude 139° 12' 00" East
(Point Z1);
(b) running thence north-westerly along the geodesic to the point of Latitude 10° 24' 00"
South, Longitude 138° 38' 00" East (Point Z2);
(c) thence north-westerly along the geodesic to the point of Latitude 10° 22' 00" South,
Longitude 138° 35' 00" East (Point Z3);
(d) thence north-westerly along the geodesic to the point of Latitude 10° 09' 00" South,
Longitude 138° 13' 00" East (Point Z4);
(e) thence north-westerly along the geodesic to the point of Latitude 9° 57' 00" South,
Longitude 137° 45' 00" East (Point Z5);
(f) thence north-westerly along the geodesic to the point of Latitude 9° 08' 00" South,
Longitude 135° 29' 00" East (Point Z6);
(g) thence south-westerly along the geodesic to the point of Latitude 9° 17' 00" South,
Longitude 135° 13' 00" East (Point Z7);
(h) thence south-westerly along the geodesic to the point of Latitude 9° 22' 00" South,
Longitude 135° 03' 00" East (Point Z8);
(i) thence south-westerly along the geodesic to the point of Latitude 9° 25' 00" South,

161
Longitude 134° 50' 00" East (Point Z9);
(j) thence south-westerly along the geodesic to the point of Latitude 8° 53' 00" South,
Longitude 133° 23' 00" East (Point Z10);
(k) thence south-westerly along the geodesic to the point of Latitude 9° 06' 00" South,
Longitude 132° 46' 00" East (Point Z11);
(l) thence south-westerly along the geodesic to the point of Latitude 9° 14' 00" South,
Longitude 132° 33' 00" East (Point Z12);
(m) thence south-westerly along the geodesic to the point of Latitude 9° 16' 00" South,
Longitude 132° 30' 00" East (Point Z13);
(n) thence south-westerly along the geodesic to the point of Latitude 9° 20' 00" South, Longitude 132°
20' 00" East (Point Z14);
(o) thence south-westerly along the geodesic to the point of Latitude 9° 23' 00" South,
Longitude 132° 12' 00" East (Point Z15);
(p) thence south-westerly along the geodesic to the point of Latitude 9° 31' 00" South,
Longitude 131° 57' 00" East (Point Z16);
(q) thence south-westerly along the geodesic to the point of Latitude 9° 33' 00" South,
Longitude 131° 52' 00" East (Point Z17);
(r) thence south-westerly along the geodesic to the point of Latitude 9° 36' 00" South,
Longitude 131° 43' 00" East (Point Z18);
(s) thence south-westerly along the geodesic to the point of Latitude 9° 40' 00" South,
Longitude 131° 31' 00" East (Point Z19);
(t) thence south-westerly along the geodesic to the point of Latitude 9° 42' 00" South,
Longitude 131° 28' 00" East (Point Z20);
(u) thence south-westerly along the geodesic to the point of Latitude 9° 47' 00" South,
Longitude 130° 55' 00" East (Point Z21);
(v) thence south-westerly along the geodesic to the point of Latitude 9° 45' 00" South,
Longitude 130° 43' 00" East (Point Z22);
(w) thence south-westerly along the geodesic to the point of Latitude 9° 39' 00" South,
Longitude 130° 06' 00" East (Point Z23);
(x) thence south-westerly along the geodesic to the point of Latitude 9° 45' 00" South,
Longitude 129° 30' 00" East (Point Z24);
(y) thence south-westerly along the geodesic to the point of Latitude 9° 59' 00" South,
Longitude 129° 01' 00" East (Point Z25);
(z) thence south-westerly along the geodesic to the point of Latitude 10° 26' 00" South,
Longitude 128° 18' 00" East (Point Z26);
(aa) thence south-westerly along the geodesic to the point of Latitude 10° 28' 00" South,
Longitude 128° 14' 00" East (Point Z27);
(ab) thence south-westerly along the geodesic to the point of Latitude 10° 29' 11.8" South,
Longitude 128° 12' 28.4" East (Point Z28);
(ac) thence south-westerly along the geodesic to the point of Latitude 10° 43' 37.8" South,
Longitude 127° 59' 20.4" East (Point Z29);
(ad) thence south-westerly along the geodesic to the point of Latitude 10° 53' 36.8" South,
Longitude 127° 48' 49.4" East (Point Z30);
(ae) thence south-westerly along the geodesic to the point of Latitude 10° 55' 20.8" South,
Longitude 127° 47' 08.4" East (Point Z31);
(af) thence south-westerly along the geodesic to the point of Latitude 11° 14' 18.9" South,
Longitude 127° 31' 37.4" East (Point Z32);
(ag) thence south-westerly along the geodesic to the point of Latitude 11° 17' 24.9" South,
Longitude 126° 58' 17.4" East (Point Z33);
(ah) thence south-westerly along the geodesic to the point of Latitude 11° 17' 30.9" South,
Longitude 126° 57' 11.4" East (Point Z34);
(ai) thence south-westerly along the geodesic to the point of Latitude 11° 19' 40.9" South,
Longitude 126° 47' 08.4" East (Point Z35);
(aj) thence south-westerly along the geodesic to the point of Latitude 11° 20' 02.9" South,
Longitude 126° 31' 58.4" East (Point Z36);

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(ak) thence south-westerly along the geodesic to the point of Latitude 11° 20' 00" South,
Longitude 126° 31' 00" East (Point Z37);
(al) thence south-westerly along the geodesic to the point of Latitude 11° 21' 00" South,
Longitude 126° 28' 00" East (Point Z38);
(am) thence south-westerly along the geodesic to the point of Latitude 11° 26' 00" South,
Longitude 126° 12' 00" East (Point Z39);
(an) thence south-westerly along the geodesic to the point of Latitude 11° 31' 00" South,
Longitude 126° 00' 00" East (Point Z40);
(ao) thence south-westerly along the geodesic to the point of Latitude 11° 37' 00" South,
Longitude 125° 45' 00" East (Point Z41);
(ap) thence south-westerly along the geodesic to the point of Latitude 11° 45' 00" South,
Longitude 125° 25' 00" East (Point Z42);
(aq) thence south-westerly along the geodesic to the point of Latitude 11° 47' 00" South,
Longitude 125° 20' 00" East (Point Z43);
(ar) thence south-westerly along the geodesic to the point of Latitude 12° 15' 34.4" South,
Longitude 123° 33' 55.1" East (Point Z44);
(as) thence northerly along the arc of a circle drawn to Ashmore Islands with a radius of
twenty-four nautical miles to the point of Latitude 12° 14' 46.7" South, Longitude 123° 33' 55.8" East
(Point Z45);
(at) thence generally northerly, north-westerly, westerly, south-westerly, and southerly along
a series of intersecting circular arcs drawn concave to Ashmore Islands with a radius of twenty-four
nautical miles and having the following vertices:
Point Number Latitude South Longitude East
Z46 12° 12' 43.7" 123° 33' 50.3"
Z47 12° 09' 21.0" 123° 33' 19.1"
Z48 12° 07' 56.3" 123° 32' 57.8"
Z49 12° 07' 04.6" 123° 32' 42.5"
Z50 12° 04' 15.3" 123° 31' 45.6"
Z51 12° 01' 34.7" 123° 30' 32.4"
Z52 12° 00' 01.1" 123° 29' 41.2"
Z53 11° 59' 08.6" 123° 29' 08.7"
Z54 11° 58' 49.6" 123° 28' 56.2"
Z55 11° 58' 46.9" 123° 28' 54.5"
Z56 11° 56' 52.6" 123° 27' 32.8"
Z57 11° 55' 05.8" 123° 25' 59.8"
Z58 11° 51' 32.1" 123° 21' 44.0"
Z59 11° 50' 02.2" 123° 19' 07.9"
Z60 11° 49' 45.0" 123° 18' 32.9"
Z61 11° 48' 58.5" 123° 16' 44.4"
Z62 11° 48' 32.5" 123° 15' 32.5"
Z63 11° 47' 59.3" 123° 13' 38.1"
Z64 11° 47' 40.3" 123° 12' 12.7"
Z65 11° 47' 38.9" 123° 12' 05.2"
Z66 11° 47' 25.6" 123° 11' 02.9"

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Point Number Latitude South Longitude East
Z67 11° 46' 25.7" 123° 05' 27.9"
Z68 11° 46' 31.8" 123° 00' 49.7"
Z69 11° 46' 44.2" 122° 59' 22.9"
Z70 11° 47' 07.4" 122° 57' 32.5"
Z71 11° 47' 31.0" 122° 56' 08.2"
Z72 11° 48' 32.1" 122° 53' 24.7"
Z73 11° 50' 00.6" 122° 50' 34.5"
Z74 11° 50' 48.1" 122° 49' 19.9"
Z75 11° 51' 12.9" 122° 48' 05.1"
Z76 11° 51' 22.4" 122° 47' 38.9"
Z77 11° 51' 53.3" 122° 46' 21.2"
Z78 11° 52' 53.4" 122° 44' 16.8"
Z79 11° 54' 56.3" 122° 41' 04.3"
Z80 11° 55' 46.7" 122° 40' 00.5"
Z81 12° 00' 41.4" 122° 35' 27.9"
Z82 12° 02' 05.0" 122° 34' 33.8"
Z83 12° 03' 12.2" 122° 33' 55.8"
Z84 12° 06' 44.6" 122° 32' 24.1"
(au) thence southerly along the arc of a circle drawn concave to Ashmore Islands with a radius
of twenty-four nautical miles to the point of Latitude 12° 14' 25.8" South, Longitude 122° 31' 06.6" East
(Point Z85);
(av) thence south along the meridian to the point of Latitude 12° 50' 28.2" South, Longitude
122° 31' 06.6" East (Point Z86);
(aw) thence south-westerly along the geodesic to the point of Latitude 13° 15' 00" South,
Longitude 121° 49' 00" East (Point Z87);
(ax) thence south-westerly along the geodesic to the point of Latitude 13° 56' 31.7" South,
Longitude 120° 00' 46.9" East (Point Z88);
(ay) thence north-westerly along the arc of a circle with a radius of 200 nautical miles drawn
through the following points to the point of Latitude 13° 40' 34.1" South, Longitude 119° 28' 46.1" East
(Point Z92);
Point Number Latitude South Longitude East
Z89 13° 53' 03.7" 119° 52' 30.7"
Z90 13° 49' 14.5" 119° 44' 24.5"
Z91 13° 45' 04.5" 119° 36' 29.3"
(az) thence north-westerly along the geodesic to the point of Latitude 13° 36' 30.2" South,
Longitude 119° 22' 08.7" East (Point Z93);
(ba) thence north-westerly along the arc of a circle with a radius of 200 nautical miles drawn
through the folowing points to the point of Latitude 13° 14' 33.6" South, Longitude 118° 24' 44.1" East
(Point Z100), where it terminates.
Point Number Latitude South Longitude East
Z94 13° 34' 26.1" 119° 13' 33.5"

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Z95 13° 32' 00.1" 119° 05' 04.4"
Z96 13° 29' 12.5" 118° 56' 42.4"
Z97 13° 26' 03.7" 118° 48' 28.4"
Z98 13° 22' 34.0" 118° 40' 23.4"
Z99 13° 18' 43.8" 118° 32' 28.3"
2. An illustrative map depicting the line described in paragraph 1 of this article forms Annex 2 to this
Treaty.
3. The geographical coordinates referred to in subparagraphs 1(a) to 1(j) of this article are expressed
in terms of the Australian Geodetic Datum 1966 (AGD66) system.

Article 3
Christmas Island/Java

1. In the area between Christmas Island (Australia) and Java Island (Republic of Indonesia), the
boundary between the area of seabed and exclusive economic zone that is adjacent to and appertains to
Australia and the area of seabed and exclusive economic zone that is adjacent to and appertains to the
Republic of Indonesia is the line:
(a) commencing at the point of Latitude 11° 10' 24.6" South, Longitude 109° 01' 25.8" East
(Point C1);
(b) running thence north-westerly along the geodesic to the point of Latitude 9° 46' 49.8"
South, Longitude 105° 50' 55.4" East (Point C2);
(c) thence north-westerly along the geodesic to the point of Latitude 8° 52' 14.1" South,
Longitude 102° 34' 12.7" East (Point C3).
2. An illustrative map depicting the line described in paragraph 1 of this article forms Annex 3 to this
Treaty.

Article 4
Geodetic reference system

1. Subject to paragraph 3 of article 2, the geographical coordinates referred to in articles 1, 2 and 3


are expressed in terms of the World Geodetic System 1984 (WGS84).
2. The Parties may treat the WGS84 coordinates referred to in paragraph 1 as being equivalent to the
coordinates in the International Earth Rotation Service Terrestrial Reference Frame (ITRF).
3. All references to nautical miles shall be taken to mean the international nautical mile, equivalent to
1852 metres.

Article 5
Seabed rights

1. Subject to articles 7 and 8, in areas of seabed adjacent to and appertaining to a Party, that Party
may exercise the sovereign rights and jurisdiction in relation to the continental shelf accorded to coastal
States under the 1982 Convention.
2. The "areas of seabed adjacent to and appertaining to a Party" referred to in paragraph 1 of this
article and in article 7 are those areas of seabed that are adjacent to and appertain to that Party under:
(a) the Agreements; and
(b) articles 1 and 3 of this Treaty.

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Article 6
Exclusive economic zone rights

1. Subject to articles 7 and 8, in areas of exclusive economic zone adjacent to and appertaining to a
Party, that Party may exercise the sovereign rights and jurisdiction in the exclusive economic zone
accorded to coastal States under the 1982 Convention.
2. The "areas of exclusive economic zone adjacent to and appertaining to a Party" referred to in
paragraph 1 of this article and in article 7 are those areas of exclusive economic zone that are adjacent to
and appertain to that Party under articles 2 and 3 of this Treaty.

Article 7
Areas of overlapping jurisdiction

In those areas where the areas of exclusive economic zone adjacent to and appertaining to a Party
(the First Party) overlap the areas of seabed adjacent to and appertaining to a Party being the other Party
(the Second Party):
(a) the First Party may exercise exclusive economic zone sovereign rights and jurisdiction
provided for in the 1982 Convention in relation to the water column;
(b) the Second Party may exercise continental shelf sovereign rights and jurisdiction
provided for in the 1982 Convention in relation to the seabed;
(c) the construction of an artificial island shall be subject to the agreement of both Parties.
An "artificial island" for the purposes of this article is an area of land, surrounded by water, which is above
water at high tide by reason of human intervention;
(d) the Second Party shall give the First Party three months notice of the proposed grant of
exploration or exploitation rights;
(e) the construction of installations and structures shall be the subject of due notice and a
permaent means of giving warning of their presence must be maintained;
(f) (i) any installation or structure which is abandoned or disused shall be removed by
the Party which authorized its construction in order to ensure the safety of navigation, taking into account
any generally accepted international standards established in this regard by the competent international
organization;
(ii) such removal shall also have due regard to fishing and to the protection of the
marine environment. Appropriate publicity shall be given to the depth, position and dimensions of any
installations or structures not entirely removed;
(g) the construction of a fish-aggregating device shall be the subject of due notice;
(h) the Party constructing an artificial island, installation, structure or fish-aggregating device
shall have exclusive jurisdiction over it;
(i) marine scientific research shall be carried out or authorized by a Party in accordance with
the 1982 Convention and such research shall be notified to the other Party;
(j) the Parties shall take effective measures as may be necessary to prevent, reduce and
control pollution of the marine environment;
(k) each Party shall be liable in accordance with international law for pollution of the marine
environment caused by activities under its jurisdiction;
(l) any island within the meaning of article 121 (l) of the 1982 Convention which emerges
after the entry into force of this Treaty shall be the subject of consultations between the Parties with a view
to determining its status;
(m) neither Party shall exercise its rights and jurisdiction in a manner which unduly inhibits
the exercise of the rights and jurisdiction of the other Party; and
(n) the Parties shall cooperate with each other in relation to the exercise of their respective
rights and jurisdiction.

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Article 8
Zone of Cooperation

1. Nothing contained in this Treaty affects the rights and obligations of either party as a Contracting
State to the Zone of Cooperation Treaty.
2. Nothing contained in this Treaty and no acts or activities taking place pursuant to this Treaty shall
be interpreted as prejudicing the position of either Party on a permanent seabed delimitation in the Zone of
Cooperation established under the Zone of Cooperation Treaty nor shall anything contained in this Treaty
be considered as affecting the respective seabed rights claimed by each Party in the Zone of Cooperation.

Article 9
Exploitation of certain seabed deposits

If any single accumulation of liquid hydrocarbons or natural gas, or if any other mineral deposit
beneath the seabed, extends across the lines described in articles 1 and 3 of this Treaty, and the part of such
accumulation or deposit that is situated on one side of the line is recoverable in fluid form wholly or in part
from the other side of the line, the two Parties will seek to reach agreement on the manner in which the
accumulation or deposit shall be most effectively exploited and on the equitable sharing of the benefits
arising from such exploitation.

Article 10
Dispute settlement

Any dispute between the two Parties arising out of the interpretation or implementation of this
Treaty shall be settled peacefully by consultation or negotiation.

Article 11
Entry into force

This Treaty shall be subject to ratification and shall enter into force on the date of exchange of the
instruments of ratification.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed this Treaty.
DONE at Perth on the fourteenth day of March, one thousand nine hundred and ninety-seven in
the English and Indonesian languages, both texts being equally authentic.

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No map available – map to be prepared or copied

168
Nuie and United States of America
Treaty between the Government of the United States of America and the
Government of Niue on the delimitation of the maritime boundary
13 May 1997

Annex

The Government of the United States of America and the Government of Niue, hereinafter the
Parties;
Desiring to strengthen the bonds of friendship between the two Parties;
Recalling the tradition of cooperative relations and close ties between the people of the United
States of America and the people of Niue;
Noting the Fishery Conservation and Management Act 1976 and the Presidential Proclamation
No. 5030 of 10 March 1983 establishing an exclusive economic zone for the United States of America;
Noting Act No. 220 of 7 April 1997, establishing an exclusive economic zone for Niue;
Desirous of establishing the maritime boundary between the United States of America (American
Samoa) and Niue, on the basis of equidistance;
Have agreed as follows:

Article 1

The sole purpose of this treaty is to establish, in accordance with international law, the maritime
boundary between the United States of America (American Samoa) and Niue.

Article 2

The geodetic and computational bases used to determine this boundary are the North American
Datum 1983 (NAD 83) and the World Geodetic System 1984 (WGS 84) which, for the purpose of this
boundary treaty, are considered identical. For the purpose of illustration only, the boundary line has been
drawn on a map annexed to this Treaty.

Article 3

The maritime boundary between the United States of America (American Samoa) and Niue shall
be determined by geodesics connecting the following coordinates:
Point Latitude (South) Longitude (West)
1. 17° 33' 18" 166° 38' 31"
2. 17° 32' 55" 166° 39' 38"
3. 17° 23' 55" 167° 06' 38"
4. 17° 10' 49" 167° 45' 27"
5. 17° 04' 39" 168° 03' 34"
6. 17° 01' 07" 168° 13' 55"
7. 16° 47' 47" 168° 52' 31"
8. 16° 39' 00" 169° 17' 32"
9. 16° 38' 12" 169° 19' 47"

169
10. 16° 38' 01" 169° 22' 25"
11. 16° 37' 04" 169° 36' 12"
12. 16° 35' 39" 169° 55' 57"
13. 16° 36' 16" 169° 59' 13"
14. 16° 37' 23" 170° 05' 15"
15. 16° 41' 39" 170° 28' 26"
16. 16° 43' 16" 170° 37' 28"
17. 16° 43' 49" 170° 40' 35"
18. 16° 49' 33" 170° 13' 23"
19. 16° 50' 25" 170° 18' 19"

Article 4

On the side of the maritime boundary adjacent to the United States of America (American Samoa),
the Government of Niue shall not, and on the side of the maritime boundary adjacent to Niue, the
Government of the United States of America (American Samoa) shall not, claim or exercise for any
purpose sovereignty, sovereign rights, or jurisdiction with respect to the waters of seabed or subsoil.

Article 5

The maritime boundary established by this Treaty shall not affect or prejudice in any manner
either party's position with respect to the rules of international law relating to the law of the sea, including
those concerned with the exercise of sovereignty, sovereign rights, or jurisdiction with respect to the waters
or seabed or subsoil.

Article 6

Any dispute concerning the interpretation or application of this agreement shall be resolved by
negotiation or other peaceful means as may be agreed upon by the Parties.

Article 7

This Treaty shall be subject to ratification and shall enter into force on the date of the exchange of
instruments of ratification.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed this Treaty.
DONE in duplicate at Wellington, New Zealand this 13th day of May 1997.

170
171
Australia and Timor-Leste
Timor Sea Treaty1
20 May 2002
The Government of Australia and the Government of East Timor,
Conscious of the importance of promoting East Timor's economic development,
Aware of the need to maintain security of investment for existing and planned petroleum activities
in an area of seabed between Australia and East Timor,
Recognizing the benefits that will flow to both Australia and East Timor by providing a continuing
basis for petroleum activities in an area of seabed between Australia and East Timor to proceed as planned,
Emphasizing the importance of developing petroleum resources in a way that minimizes damage
to the natural environment, that is economically sustainable, promotes further investment and contributes to
the long-term development of Australia and East Timor,
Convinced that the development of the resources in accordance with this Treaty will provide a firm
foundation for continuing and strengthening the friendly relations between Australia and East Timor,
Taking into account the United Nations Convention on the Law of the Sea done at Montego Bay
on 10 December 1982, which provides in article 83 that the delimitation of the continental shelf between
States with opposite or adjacent coasts shall be effected by agreement on the basis of international law in
order to achieve an equitable solution,
Taking further into account, in the absence of delimitation, the further obligation for States to
make every effort, in a spirit of understanding and cooperation, to enter into provisional arrangements of a
practical nature which do not prejudice a final determination of the seabed delimitation,
Noting the desirability of Australia and East Timor entering into a treaty providing for the
continued development of the petroleum resources in an area of seabed between Australia and East Timor,
Have agreed as follows:

Article 1. Definitions

For the purposes of this Treaty:


(a) "Treaty" means this Treaty, including annexes A to G and any annexes subsequently agreed
between Australia and East Timor;
(b) "contractor" means a corporation or corporations which enter into a contract with the Designated
Authority and which is registered as a contractor under the Petroleum Mining Code;
(c) "criminal law" means any law in force in Australia and East Timor, whether substantive or
procedural, that makes provision for or in relation to offences or for or in relation to the investigation or
prosecution of offences or the punishment of offenders, including the carrying out of a penalty imposed by
a court. For this purpose, "investigation" includes entry to an installation or structure in the JPDA, the
exercise of powers of search and questioning and the apprehension of a suspected offender;
(d) "Designated Authority" means the Designated Authority established in article 6 of this Treaty;
(e) "fiscal scheme" means a royalty, a Production Sharing Contract or other scheme for determining
Australia's and East Timor's share of petroleum or revenue from petroleum activities and does not include
taxes referred to in article 5 (b) of this Treaty;

1
Source: Australian Department of Foreign Affairs and Trade, Australian Treaties Database: www.info.dfat.gov.au/info/treaties. This
Agreement constitutes a provisional arrangement of a practical nature which does not prejudice a final determination of the seabed
delimitation.

172
(f) "initially processed" means processing of petroleum to a point where it is ready for off-take from
the production facility and may include such processes as the removal of water, volatiles and other
impurities;
(g) "Joint Commission" means the Australia-East Timor Joint Commission established in article 6 of
this Treaty;
(h) "JPDA" means the Joint Petroleum Development Area established in article 3 of this Treaty;
(i) "Ministerial Council" means the Australia-East Timor Ministerial Council established in article 6
of this Treaty;
(j) "petroleum" means:
(i) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state;
(ii) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
(iii) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid
state, as well as other substances produced in association with such hydrocarbons,
and includes any petroleum as defined by subparagraphs (i), (ii) or (iii) that has been returned to a natural
reservoir;
(k) "petroleum activities" means all activities undertaken to produce petroleum, authorized or
contemplated under a contract, permit or licence, and includes exploration, development, initial processing,
production, transportation and marketing, as well as the planning and preparation for such activities;
(l) "Petroleum Mining Code" means the Code referred to in article 7 of this Treaty;
(m) "petroleum project" means petroleum activities taking place in a specified area within the JPDA;
(n) "petroleum produced" means initially processed petroleum extracted from a reservoir through
petroleum activities;
(o) "Production Sharing Contract" means a contract between the Designated Authority and a limited
liability corporation or entity with limited liability under which production from a specified area of the
JPDA is shared between the parties to the contract;
(p) "reservoir" means an accumulation of petroleum in a geological unit limited by rock, water or
other substances without pressure communication through liquid or gas to another accumulation of
petroleum;
(q) "taxation code" means the code referred to in article 13 (b) of this Treaty.

Article 2. Without prejudice

(a) This Treaty gives effect to international law as reflected in the United Nations Convention on the
Law of the Sea done at Montego Bay on 10 December 1982, which under article 83 requires States with
opposite or adjacent coasts to make every effort to enter into provisional arrangements of a practical nature
pending agreement on the final delimitation of the continental shelf between them in a manner consistent
with international law. This Treaty is intended to adhere to such obligation.
(b) Nothing contained in this Treaty and no acts taking place while this Treaty is in force shall be
interpreted as prejudicing or affecting Australia's or East Timor's position on or rights relating to a seabed
delimitation or their respective seabed entitlements.

Article 3. Joint Petroleum Development Area

(a) The Joint Petroleum Development Area (JPDA) is established. It is the area in the Timor Sea
contained within the lines described in annex A.

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(b) Australia and East Timor shall jointly control, manage and facilitate the exploration, development
and exploitation of the petroleum resources of the JPDA for the benefit of the peoples of Australia and East
Timor.
(c) Petroleum activities conducted in the JPDA shall be carried out pursuant to a contract between the
Designated Authority and a limited liability corporation or entity with limited liability specifically
established for the sole purpose of the contract. This provision shall also apply to the successors or
assignees of such corporations.
(d) Australia and East Timor shall make it an offence for any person to conduct petroleum activities in
the JPDA otherwise than in accordance with this Treaty.

Article 4. Sharing of petroleum production

(a) Australia and East Timor shall have title to all petroleum produced in the JPDA. Of the petroleum
produced in the JPDA, ninety (90) per cent shall belong to East Timor and ten (10) per cent shall belong to
Australia.
(b) To the extent that fees referred to in article 6(b)(vi) and other income are inadequate to cover the
expenditure of the Designated Authority in relation to this Treaty, that expenditure shall be borne in the
same proportion as set out in paragraph (a).

Article 5. Fiscal arrangements and taxes

Fiscal arrangements and taxes shall be dealt with in the following manner:
(a) Unless a fiscal scheme is otherwise provided for in this Treaty:
(i) Australia and East Timor shall make every possible effort to agree on a joint fiscal scheme for
each petroleum project in the JPDA;
(ii) If Australia and East Timor fail to reach agreement on a joint fiscal scheme referred to in
subparagraph (i), they shall jointly appoint an independent expert to recommend an appropriate joint
fiscal scheme to apply to the petroleum project concerned;
(iii) If either Australia or East Timor does not agree to the joint fiscal scheme recommended by the
independent expert, Australia and East Timor may each separately impose their own fiscal scheme on
their proportion of the production of the project as calculated in accordance with the formula contained
in article 4 of this Treaty;
(iv) If Australia and East Timor agree on a joint fiscal scheme pursuant to this article, neither Australia
nor East Timor may during the life of the project vary that scheme except by mutual agreement
between Australia and East Timor.
(b) Consistent with the formula contained in article 4 of this Treaty, Australia and East Timor may, in
accordance with their respective laws and the taxation code, impose taxes on their share of the revenue
from petroleum activities in the JPDA and relating to activities referred to in article 13 of this Treaty.

Article 6. Regulatory bodies

(a) A three-tiered joint administrative structure consisting of a Designated Authority, a Joint


Commission and a Ministerial Council is established.
(b) Designated Authority:
(i) For the first three years after this Treaty enters into force, or for a different period of time if
agreed to jointly by Australia and East Timor, the Joint Commission shall designate the Designated
Authority;

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(ii) After the period specified in subparagraph (i), the Designated Authority shall be the East Timor
Government Ministry responsible for petroleum activities or, if so decided by the Ministry, an East
Timor statutory authority;
(iii) For the period specified in subparagraph (i), the Designated Authority has juridical personality
and such legal capacities under the law of both Australia and East Timor as are necessary for the
exercise of its powers and the performance of its functions. In particular, the Designated Authority
shall have the capacity to contract, to acquire and dispose of movable and immovable property and to
institute and be party to legal proceedings;
(iv) The Designated Authority shall be responsible to the Joint Commission and shall carry out the
day-to-day regulation and management of petroleum activities;
(v) A non-exclusive listing of more detailed powers and functions of the Designated Authority is set
out in annex C. The annexes to this Treaty may identify other additional detailed powers and functions
of the Designated Authority. The Designated Authority also has such other powers and functions as
may be conferred upon it by the Joint Commission;
(vi) The Designated Authority shall be financed from fees collected under the Petroleum Mining
Code;
(vii) For the period specified in subparagraph (i), the Designated Authority shall be exempt from the
following existing taxes:
(1) In East Timor, the income tax imposed under the law of East Timor;
(2) In Australia, the income tax imposed under the federal law of Australia,
as well as any identical or substantially similar taxes which are imposed after the date of signature
of this Treaty in addition to, or in place of, the existing taxes;
(viii) For the period specified in subparagraph (i), personnel of the Designated Authority:
(1) Shall be exempt from taxation of salaries, allowances and other emoluments paid to them by
the Designated Authority in connection with their service with the Designated Authority other
than taxation under the law of Australia or East Timor in which they are deemed to be resident for
taxation purposes; and
(2) Shall, at the time of first taking up the post with the Designated Authority located in either
Australia or East Timor in which they are not resident, be exempt from customs duties and other
such charges (except payments for services) in respect of imports of furniture and other household
and personal effects in their ownership or possession or already ordered by them and intended for
their personal use or for their establishment; such goods shall be imported within six months of an
officer's first entry but in exceptional circumstances an extension of time shall be granted by the
Government of Australia or the Government of East Timor; goods which have been acquired or
imported by officers and to which exemptions under this subparagraph apply shall not be given
away, sold, lent or hired out, or otherwise disposed of except under conditions agreed in advance
with the Government of Australia or the Government of East Timor depending on in which
country the officer is located.
(c) Joint Commission:
(i) The Joint Commission shall consist of commissioners appointed by Australia and East Timor.
There shall be one more commissioner appointed by East Timor than by Australia. The Joint
Commission shall establish policies and regulations relating to petroleum activities in the JPDA and
shall oversee the work of the Designated Authority;
(ii) A non-exclusive listing of more detailed powers and functions of the Joint Commission is set out
in annex D. The annexes to this Treaty may identify other additional detailed powers and functions of
the Joint Commission;
(iii) Except as provided for in article 8(c), the commissioners of either Australia or East Timor may at
any time refer a matter to the Ministerial Council for resolution;

175
(iv) The Joint Commission shall meet annually or as may be required. Its meetings shall be chaired by
a member nominated by Australia and East Timor on an alternate basis.
(d) Ministerial Council:
(i) The Ministerial Council shall consist of an equal number of Ministers from Australia and East
Timor. It shall consider any matter relating to the operation of this Treaty that is referred to it by either
Australia or East Timor. It shall also consider any matter referred to in subparagraph (c) (iii);
(ii) In the event the Ministerial Council is unable to resolve a matter, either Australia or East Timor
may invoke the dispute resolution procedure set out in annex B;
(iii) The Ministerial Council shall meet at the request of either Australia or East Timor or at the request
of the Joint Commission;
(iv) Unless otherwise agreed between Australia and East Timor, meetings of the Ministerial Council
where at least one member representing Australia and one member representing East Timor are
physically present shall be held alternately in Australia and East Timor. Its meetings shall be chaired
by a representative of Australia or East Timor on an alternate basis;
(v) The Ministerial Council may, if it so chooses, permit members to participate in a particular
meeting, or all meetings, by telephone, closed-circuit television or any other means of electronic
communication, and a member who so participates is to be regarded as being present at the meeting. A
meeting may be held solely by means of electronic communication.
(e) Commissioners of the Joint Commission and personnel of the Designated Authority shall have no
financial interest in any activity relating to exploration for and exploitation of petroleum resources in the
JPDA.

Article 7. Petroleum Mining Code

(a) Australia and East Timor shall negotiate an agreed Petroleum Mining Code which shall govern the
exploration, development and exploitation of petroleum within the JPDA, as well as the export of
petroleum from the JPDA.
(b) In the event Australia and East Timor are unable to conclude a Petroleum Mining Code by the date
of entry into force of this Treaty, the Joint Commission shall in its inaugural meeting adopt an interim code
to remain in effect until a Petroleum Mining Code is adopted in accordance with paragraph (a).

Article 8. Pipelines

(a) The construction and operation of a pipeline within the JPDA for the purposes of exporting
petroleum from the JPDA shall be subject to the approval of the Joint Commission. Australia and East
Timor shall consult on the terms and conditions of pipelines exporting petroleum from the JPDA to the
point of landing.
(b) A pipeline landing in East Timor shall be under the jurisdiction of East Timor. A pipeline landing
in Australia shall be under the jurisdiction of Australia.
(c) In the event a pipeline is constructed from the JPDA to the territory of either Australia or East
Timor, the country where the pipeline lands may not object to or impede decisions of the Joint Commission
regarding a pipeline to the other country. Notwithstanding article 6(c)(iii), the Ministerial Council may not
review or change any such decisions.
(d) Paragraph (c) shall not apply where the effect of constructing a pipeline from the JPDA to the
other country would cause the supply of gas to be withheld from a limited liability corporation or limited
liability entity which has obtained consent under this Treaty to obtain gas from a project in the JPDA for
contracts to supply gas for a specified period of time.
(e) Neither Australia nor East Timor may object to, nor in any way impede, a proposal to use floating
gas to liquids processing and off-take in the JPDA on a commercial basis where such proposal shall

176
produce higher revenues to Australia and East Timor from royalties and taxes earned from activities
conducted within the JPDA than would be earned if gas were transported by pipeline.
(f) Paragraph (e) shall not apply where the effect of floating gas to liquids processing and off-take in
the JPDA would cause the supply of gas to be withheld from a limited liability corporation or limited
liability entity which has obtained consent under this Treaty to obtain gas from the JPDA for contracts to
supply gas for a specified period of time.
(g) Petroleum from the JPDA and from fields which straddle the boundaries of the JPDA shall at all
times have priority of carriage along any pipeline carrying petroleum from and within the JPDA.
(h) There shall be open access to pipelines for petroleum from the JPDA. The open access
arrangements shall be in accordance with good international regulatory practice. If Australia has
jurisdiction over the pipeline, it shall consult with East Timor over access to the pipeline. If East Timor has
jurisdiction over the pipeline, it shall consult with Australia over access to the pipeline.

Article 9. Unitization

(a) Any reservoir of petroleum that extends across the boundary of the JPDA shall be treated as a
single entity for management and development purposes.
(b) Australia and East Timor shall work expeditiously and in good faith to reach agreement on the
manner in which the deposit will be most effectively exploited and on the equitable sharing of the benefits
arising from such exploitation.

Article 10. Marine environment

(a) Australia and East Timor shall cooperate to protect the marine environment of the JPDA so as to
prevent and minimize pollution and other environmental harm from petroleum activities. Special efforts
shall be made to protect marine animals including marine mammals, seabirds, fish and coral. Australia and
East Timor shall consult as to the best means to protect the marine environment of the JPDA from the
harmful consequences of petroleum activities.
(b) Where pollution of the marine environment occurring in the JPDA spreads beyond the JPDA,
Australia and East Timor shall cooperate in taking action to prevent, mitigate and eliminate such pollution.
(c) The Designated Authority shall issue regulations to protect the marine environment in the JPDA.
It shall establish a contingency plan for combating pollution from petroleum activities in the JPDA.
(d) Limited liability corporations or limited liability entities shall be liable for damage or expenses
incurred as a result of pollution of the marine environment arising out of petroleum activities within the
JPDA in accordance with:
(i). Their contract, licence or permit or other form of authority issued pursuant to this Treaty; and
(ii). The law of the jurisdiction (Australia or East Timor) in which the claim is brought.

Article 11. Employment

(a) Australia and East Timor shall:


(i). Take appropriate measures with due regard to occupational health and safety requirements to
ensure that preference is given in employment in the JPDA to nationals or permanent residents of East
Timor; and
(ii). Facilitate, as a matter of priority, training and employment opportunities for East Timorese
nationals and permanent residents.
(b) Australia shall expedite and facilitate processing of applications for visas through its diplomatic
mission in Dili by East Timorese nationals and permanent residents employed by limited liability
corporations or limited liability entities in Australia associated with petroleum activities in the JPDA.

177
Article 12. Health and safety for workers

The Designated Authority shall develop, and limited liability corporations or limited liability
entities shall apply, occupational health and safety standards and procedures for persons employed on
structures in the JPDA that are no less effective than those standards and procedures that would apply to
persons employed on similar structures in Australia and East Timor. The Designated Authority may adopt,
consistent with this article, standards and procedures taking into account an existing system established
under the law of either Australia or East Timor.

Article 13. Application of taxation law

(a) For the purposes of taxation law related directly or indirectly to:
(i). The exploration for or the exploitation of petroleum in the JPDA; or
(ii). Acts, matters, circumstances and things touching, concerning arising out of or connected with
such exploration and exploitation,
the JPDA shall be deemed to be, and be treated by, Australia and East Timor as part of that country.
(b) The taxation code to provide relief from double taxation relating to petroleum activities is set out
in annex G.
(c) The taxation code contains its own dispute resolution mechanism. Article 23 of this Treaty shall
not apply to disputes covered by that mechanism.

Article 14. Criminal jurisdiction

(a) A national or permanent resident of Australia or East Timor shall be subject to the criminal law of
that country in respect of acts or omissions occurring in the JPDA connected with or arising out of
exploration for and exploitation of petroleum resources, provided that a permanent resident of Australia or
East Timor who is a national of the other country shall be subject to the criminal law of the latter country.
(b) Subject to paragraph (d), a national of a third State, not being a permanent resident of either
Australia or East Timor, shall be subject to the criminal law of both Australia and East Timor in respect of
acts or omissions occurring in the JPDA connected with or arising out of petroleum activities. Such a
person shall not be subject to criminal proceedings under the law of either Australia or East Timor if he or
she has already been tried and discharged or acquitted by a competent tribunal or already undergone
punishment for the same act or omission under the law of the other country or where the competent
authorities of one country, in accordance with its law, have decided in the public interest to refrain from
prosecuting the person for that act or omission.
(c) In cases referred to in paragraph (b), Australia and East Timor shall, as and when necessary,
consult each other to determine which criminal law is to be applied, taking into account the nationality of
the victim and the interests of the country most affected by the alleged offence.
(d) The criminal law of the flag State shall apply in relation to acts or omissions on board vessels,
including seismic or drill vessels in, or aircraft in flight over, the JPDA.
(e) Australia and East Timor shall provide assistance to and cooperate with each other, including
through agreements or arrangements as appropriate, for the purposes of enforcement of criminal law under
this article, including the obtaining of evidence and information.
(f) Both Australia and East Timor recognize the interest of the other country where a victim of an
alleged offence is a national of that other country and shall keep that other country informed, to the extent
permitted by its law, of action being taken with regard to the alleged offence.
(g) Australia and East Timor may make arrangements permitting officials of one country to assist in
the enforcement of the criminal law of the other country. Where such assistance involves the detention of a
person who under paragraph (a) is subject to the jurisdiction of the other country that detention may only
continue until it is practicable to hand the person over to the relevant officials of that other country.

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Article 15. Customs, quarantine and migration

(a) Australia and East Timor may, subject to paragraphs (c), (e), (f) and (g), apply customs, migration
and quarantine laws to persons, equipment and goods entering its territory from, or leaving its territory for,
the JPDA. Australia and East Timor may adopt arrangements to facilitate such entry and departure.
(b) Limited liability corporations or other limited liability entities shall ensure, unless otherwise
authorized by Australia or East Timor, that persons, equipment and goods do not enter structures in the
JPDA without first entering Australia or East Timor, and that their employees and the employees of their
subcontractors are authorized by the Designated Authority to enter the JPDA.
(c) Either country may request consultations with the other country in relation to the entry of
particular persons, equipment and goods to structures in the JPDA aimed at controlling the movement of
such persons, equipment or goods.
(d) Nothing in this article prejudices the right of either Australia or East Timor to apply customs,
migration and quarantine controls to persons, equipment and goods entering the JPDA without the authority
of either country. Australia and East Timor may adopt arrangements to coordinate the exercise of such
rights.
(e) Goods and equipment entering the JPDA for purposes related to petroleum activities shall not be
subject to customs duties.
(f) Goods and equipment leaving or in transit through either Australia or East Timor for the purpose
of entering the JPDA for purposes related to petroleum activities shall not be subject to customs duties.
(g) Goods and equipment leaving the JPDA for the purpose of being permanently transferred to a part
of either Australia or East Timor may be subject to customs duties of that country.

Article 16. Hydrographic and seismic surveys

(a) Australia and East Timor shall have the right to carry out hydrographic surveys to facilitate
petroleum activities in the JPDA. Australia and East Timor shall cooperate on:
(i). The conduct of such surveys, including the provision of necessary onshore facilities; and
(ii). Exchanging hydrographic information relevant to petroleum activities in the JPDA.
(b) For the purposes of this Treaty, Australia and East Timor shall cooperate in facilitating the
conduct of seismic surveys in the JPDA, including in the provision of necessary onshore facilities.

Article 17. Petroleum industry vessel - safety, operating standards and crewing

Except as otherwise provided in this Treaty, vessels of the nationality of Australia or East Timor
engaged in petroleum activities in the JPDA shall be subject to the law of their nationality in relation to
safety and operating standards and crewing regulations. Vessels with the nationality of other countries shall
apply the law of Australia or East Timor depending on whose ports they operate in, in relation to safety and
operating standards, and crewing regulations. Such vessels that enter the JPDA and do not operate out of
either Australia or East Timor under the law of both Australia or East Timor shall be subject to the relevant
international safety and operating standards.

Article 18. Surveillance

(a) For the purposes of this Treaty, Australia and East Timor shall have the right to carry out
surveillance activities in the JPDA.
(b) Australia and East Timor shall cooperate on and coordinate any surveillance activities carried out
in accordance with paragraph (a).
(c) Australia and East Timor shall exchange information derived from any surveillance activities
carried out in accordance with paragraph (a).

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Article 19. Security measures

(a) Australia and East Timor shall exchange information on likely threats to, or security incidents
relating to, exploration for and exploitation of petroleum resources in the JPDA.
(b) Australia and East Timor shall make arrangements for responding to security incidents in the
JPDA.

Article 20. Search and rescue

Australia and East Timor shall, at the request of the Designated Authority and consistent with this
Treaty, co-operate on and assist with search and rescue operations in the JPDA taking into account
generally accepted international rules, regulations and procedures established through competent
international organizations.

Article 21. Air traffic services

Australia and East Timor shall, in consultation with the Designated Authority or at its request, and
consistent with this Treaty, cooperate in relation to the operation of air services, the provision of air traffic
services and air accident investigations, within the JPDA, in accordance with national laws applicable to
flights to and within the JPDA, recognizing established international rules, regulations and procedures
where these have been adopted by Australia and East Timor.

Article 22. Duration of the Treaty

This Treaty shall be in force until there is a permanent seabed delimitation between Australia and
East Timor or for thirty years from the date of its entry into force, whichever is sooner. This Treaty may be
renewed by agreement between Australia and East Timor. Petroleum activities of limited liability
corporations or other limited liability entities entered into under the terms of the Treaty shall continue even
if the Treaty is no longer in force under conditions equivalent to those in place under the Treaty.

Article 23. Settlement of disputes

(a) With the exception of disputes falling within the scope of the taxation code referred to in article
13(b) of this Treaty and which shall be settled in accordance with that code, any dispute concerning the
interpretation or application of this Treaty shall, as far as possible, be settled by consultation or negotiation.
(b) Any dispute which is not settled in the manner set out in paragraph (a) and any unresolved matter
relating to the operation of this Treaty under article 6(d)(ii) shall, at the request of either Australia or East
Timor, be submitted to an arbitral tribunal in accordance with the procedure set out in annex B.

Article 24. Amendment

This Treaty may be amended at any time by written agreement between Australia and East Timor.

Article 25. Entry into force

(a) This Treaty shall enter into force upon the day on which Australia and East Timor have notified
each other in writing that their respective requirements for entry into force of this Treaty have been
complied with.
(b) Upon entry into force, the Treaty will be taken to have effect and all of its provisions will apply
and be taken to have applied on and from the date of signature.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments,
have signed this Treaty.

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DONE at Dili, on this twentieth day of May, Two thousand and two, in two originals in the English
language.
For the Government of Australia: John Howard (Prime Minister)
For the Government of East Timor: Mari Alkatiri (Prime Minister)

Annex A under article 3 of this Treaty


Designation and description of the JPDA

NOTE

Where for the purposes of the Treaty it is necessary to determine the position on the surface of the
Earth of a point, line or area, that position shall be determined by reference to the Australian Geodetic
Datum, that is to say, by reference to a spheroid having its centre at the centre of the Earth and a major
(equatorial) radius of 6 378 160 metres and a flattening of 1/298.25 and by reference to the position of the
Johnston Geodetic Station in the Northern Territory of Australia. That station shall be taken to be situated
at Latitude 25°56'54.5515" South and at Longitude 133°12'30.0771" East and to have a ground level of
571.2 metres above the spheroid referred to above.

THE AREA

The area bounded by the line:


(a) commencing at the point of Latitude 9º 22' 53" South, Longitude 127º 48' 42" East;
(b) running thence south-westerly along the geodesic to the point of Latitude 10º 06' 40" South,
Longitude 126º 00' 25" East;
(c) thence south-westerly along the geodesic to the point of Latitude 10º 28' 00" South, Longitude
126º 00' 00" East;
(d) thence south-easterly along the geodesic to the point of Latitude 11º 20' 08" South, Longitude 126º
31' 54" East;
(e) thence north-easterly along the geodesic to the point of Latitude 11º 19' 46" South, Longitude 126º
47' 04" East;
(f) thence north-easterly along the geodesic to the point of Latitude 11º 17' 36" South, Longitude 126º
57' 07" East;
(g) thence north-easterly along the geodesic to the point of Latitude 11º 17' 30" South, Longitude 126º
58' 13" East;
(h) thence north-easterly along the geodesic to the point of Latitude 11º 14' 24" South, Longitude 127º
31' 33" East;
(i) thence north-easterly along the geodesic to the point of Latitude 10º 55' 26" South, Longitude 127º
47' 04" East;
(j) thence north-easterly along the geodesic to the point of Latitude 10º 53' 42" South, Longitude 127º
48' 45" East;
(k) thence north-easterly along the geodesic to the point of Latitude 10º 43' 43" South, Longitude 127º
59' 16" East;
(l) thence north-easterly along the geodesic to the point of Latitude 10º 29' 17" South, Longitude 128º
12' 24" East;
(m) thence north-westerly along the geodesic to the point of Latitude 9º 29' 57" South, Longitude 127º
58' 47" East;

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(n) thence north-westerly along the geodesic to the point of Latitude 9º 28' 00" South, Longitude 127º
56' 00" East; and
(o) thence north-westerly along the geodesic to the point of commencement.

Annex B under article 23 of this Treaty


Dispute resolution procedure

(a) An arbitral tribunal to which a dispute is submitted pursuant to article 23 (b) shall consist of three
persons appointed as follows:
(i) Australia and East Timor shall each appoint one arbitrator;
(ii) The arbitrators appointed by Australia and East Timor shall, within sixty (60) days of the
appointment of the second of them, by agreement, select a third arbitrator who shall be a citizen, or
permanent resident of a third country which has diplomatic relations with both Australia and East
Timor;
(iii) Australia and East Timor shall, within sixty (60) days of the selection of the third arbitrator,
approve the selection of that arbitrator who shall act as Chairman of the Tribunal.
(b) Arbitration proceedings shall be instituted upon notice being given through the diplomatic channel
by the country instituting such proceedings to the other country. Such notice contain a statement setting
forth in summary form the grounds of the claim, the nature of the relief sought and the name of the
arbitrator appointed by the country instituting such proceedings. Within sixty (60) days after the giving of
such notice the respondent country shall notify the country instituting proceedings of the name of the
arbitrator appointed by the respondent country.
(c) If, within the time limits provided for in subparagraphs (a) (ii) and (iii) and paragraph (b) of this
annex, the required appointment has not been made or the required approval has not been given, Australia
or East Timor may request the President of the International Court of Justice to make the necessary
appointment. If the President is a citizen or permanent resident of Australia or East Timor or is otherwise
unable to act, the Vice-President shall be invited to make the appointment. If the Vice-President is a citizen,
or permanent resident of Australia or East Timor or is otherwise unable to act, the Member of the
International Court of Justice next in seniority who is not a citizen or permanent resident of Australia or
East Timor shall be invited to make the appointment.
(d) In case any arbitrator appointed as provided for in this annex shall resign or become unable to act,
a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the
original arbitrator and the successor shall have all the powers and duties of the original arbitrator.
(e) The Arbitral Tribunal shall convene at such time and place as shall be fixed by the Chairman of
the tribunal. Thereafter, the Arbitral Tribunal shall determine where and when it shall sit.
(f) The Arbitral Tribunal shall decide all questions relating to its competence and shall, subject to any
agreement between Australia and East Timor, determine its own procedure.
(g) Before the Arbitral Tribunal makes a decision, it may at any stage of the proceedings propose to
Australia and East Timor that the dispute be settled amicably. The Arbitral Tribunal shall reach its award
by majority vote taking into account the provisions of this Treaty and relevant international law.
(h) Australia and East Timor shall each bear the costs of its appointed arbitrator and its own costs in
preparing and presenting cases. The cost of the Chairman of the Tribunal and the expenses associated with
the conduct of the arbitration shall be borne in equal parts by Australia and East Timor.
(i) The Arbitral Tribunal shall afford to Australia and East Timor a fair hearing. It may render an
award on the default of either Australia or East Timor. In any case, the Arbitral Tribunal shall render its
award within six (6) months from the date it is convened by the Chairman of the Tribunal. Any award shall
be rendered in writing and shall state its legal basis. A signed counterpart of the award shall be transmitted
to Australia and East Timor.
(j) An award shall be final and binding on Australia and East Timor.

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Annex C under article 6(b)(v) of this Treaty
Powers and functions of the Designated Authority

The powers and functions of the Designated Authority shall include:


(a) Day-to-day management and regulation of petroleum activities in accordance with this Treaty and
any instruments made or entered into under this Treaty, including directions given by the Joint
Commission;
(b) Preparation of annual estimates of income and expenditure of the Designated Authority for
submission to the Joint Commission. Any expenditure shall only be made in accordance with estimates
approved by the Joint Commission or otherwise in accordance with regulations and procedures approved
by the Joint Commission;
(c) Preparation of annual reports for submission to the Joint Commission;
(d) Requesting assistance from the appropriate Australian and East Timor authorities consistent with
this Treaty:
(i) For search and rescue operations in the JPDA;
(ii) In the event of a terrorist threat to the vessels and structures engaged in petroleum operations in
the JPDA; and
(iii) For air traffic services in the JPDA;
(e) Requesting assistance with pollution prevention measures, equipment and procedures from the
appropriate Australian and East Timor authorities or other bodies or persons;
(f) Establishment of safety zones and restricted zones, consistent with international law, to ensure the
safety of navigation and petroleum operations;
(g) Controlling movements into, within and out of the JPDA of vessels, aircraft, structures and other
equipment employed in exploration for and exploitation of petroleum resources in a manner consistent with
international law; and, subject to article 15, authorizing the entry of employees of contractors and their
subcontractors and other persons into the JPDA;
(h) Issuing regulations and giving directions under this Treaty on all matters related to the supervision
and control of petroleum activities, including on health, safety, environmental protection and assessments
and work practices, pursuant to the Petroleum Mining Code; and
(i) Such other powers and functions as may be identified in other annexes to this Treaty or as may be
conferred on it by the Joint Commission.

Annex D under article 6(c)(ii) of this Treaty


Powers and functions of the Joint Commission

1. The powers and functions of the Joint Commission shall include:


(a) Giving directions to the Designated Authority on the discharge of its powers and functions;
(b) Conferring additional powers and functions on the Designated Authority;
(c) Adopting an interim Petroleum Mining Code pursuant to article 7(b) of the Treaty, if necessary;
(d) Approving financial estimates of income and expenditure of the Designated Authority;
(e) Approving rules, regulations and procedures for the effective functioning of the Designated
Authority;
(f) Designating the Designated Authority for the period referred to in article 6(b)(i);
(g) At the request of a member of the Joint Commission, inspecting and auditing the Designated
Authority's books and accounts or arranging for such an audit and inspection;

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(h) Approving the result of inspections and audits of contractors' books and accounts conducted by the
Joint Commission;
(i) Considering and adopting the annual report of the Designated Authority;
(j) Of its own volition or on recommendation by the Designated Authority, in a manner not
inconsistent with the objectives of this Treaty, amending the Petroleum Mining Code to facilitate
petroleum activities in the JPDA.
2. The Joint Commission shall exercise its powers and functions for the benefit of the peoples of
Australia and East Timor having regard to good oilfield, processing, transport and environmental practice.

Annex E under article 9(b) of this Treaty


Unitization of Greater Sunrise

(a) Australia and East Timor agree to unitize the Sunrise and Troubadour deposits (collectively
known as “Greater Sunrise) on the basis that 20.1 per cent of Greater Sunrise lies within the JPDA.
Production from Greater Sunrise shall be distributed on the basis that 20.1 per cent is attributed to the
JPDA and 79.9 per cent is attributed to Australia.
(b) Either Australia or East Timor may request a review of the production-sharing formula. Following
such a review, the production-sharing formula may be altered by agreement between Australia and East
Timor.
(c) The unitization agreement referred to in paragraph (a) shall be without prejudice to a permanent
delimitation of the seabed between Australia and East Timor.
(d) In the event of a permanent delimitation of the seabed, Australia and East Timor shall reconsider
the terms of the unitization agreement referred to in paragraph (a). Any new agreement shall preserve the
terms of any production-sharing contract, licence or permit which is based on the agreement in paragraph
(a).

Annex F under article 5(a) of this Treaty


Fiscal scheme for certain petroleum deposits

Contracts shall be offered to those corporations holding, immediately before entry into force of the
Treaty, contracts numbered 91-12, 91-13, 95-19 and 96-20 in the same terms as those contracts modified to
take into account the administrative structure under this Treaty, or as otherwise agreed by Australia and
East Timor.

Annex G under article 13 (b) of this Treaty


Taxation Code for the avoidance of double taxation and the prevention of fiscal evasion
in respect of activities connected with the Joint Petroleum Development Area

Article 1
General definitions

1. In this Taxation Code, unless the context otherwise requires:


(a) The term "Australian tax" means tax imposed by Australia, other than any penalty or interest,
being tax to which this Taxation Code applies;
(b) The term "company" means any body corporate or any entity which is treated as a company or
body corporate for tax purposes;
(c) The term "competent authority" means, in the case of Australia, the Commissioner of Taxation or
an authorized representative of the Commissioner and, in the case of East Timor, the Minister for
Finance or an authorized representative of the Minister;

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(d) The term "East Timor tax" means tax imposed by East Timor, other than any penalty or interest,
being tax to which this Taxation Code applies;
(e) The term "framework percentage" means, in the case of Australia, ten (10) per cent and, in the
case of East Timor, ninety (90) per cent;
(f) The term "law of a Contracting State" means the law from time to time in force in that Contracting
State relating to the taxes to which this Taxation Code applies;
(g) The term "person" includes an individual, a company and any other body of persons;
(h) The term "reduction percentage" means, in the case of Australia, ninety (90) per cent and, in the
case of East Timor, ten (10) per cent;
(i) The terms "tax" or "taxation" mean Australian tax or East Timor tax, as the context requires; and
(j) The term "year" means, in Australia, any year of income and, in East Timor, any tax year.
2. In the application of this Taxation Code at any time by a Contracting State, any term not defined
in this Taxation Code or elsewhere in the Treaty shall, unless the context otherwise requires, have the
meaning which it has at that time under the law of that Contracting State for the purposes of the taxes to
which this Taxation Code applies, any meaning under the applicable tax law of that State prevailing over a
meaning given to the term under other law of that State.

Article 2
Personal scope

The provisions of this Taxation Code shall apply to persons who are residents of one or both of the
Contracting States as well as in respect of persons who are not residents of either of the Contracting States,
but only for taxation purposes related directly or indirectly to:
(a) The exploration for or the exploitation of petroleum in the JPDA; or
(b) Acts, matters, circumstances and things touching, concerning, arising out of or connected with any
such exploration or exploitation.

Article 3
Resident

1. For the purposes of this Taxation Code, resident of a Contracting State means:
(a) In the case of Australia, a person who is liable to tax in Australia by reason of being a resident of
Australia under the tax law of Australia; and
(b) In the case of East Timor, a person who is liable to tax in East Timor by reason of being a resident
of East Timor under the tax law of East Timor,
but does not include any person who is liable to tax in that Contracting State in respect only of income from
sources in that Contracting State.
2. Where by reason of the provisions of paragraph 1 of this article, an individual is a resident of both
Contracting States, then the status of the person shall be determined as follows:
(a) The person shall be deemed to be a resident solely of the Contracting State in which a permanent
home is available to the person;
(b) If a permanent home is available to the person in both Contracting States, or in neither of them,
the person shall be deemed to be a resident solely of the Contracting State in which the person has an
habitual abode;
(c) If the person has an habitual abode in both Contracting States, or if the person does not have an
habitual abode in either of them, the person shall be deemed to be a resident solely of the Contracting
State with which the person's personal and economic relations are the closer. For the purposes of this

185
subparagraph, an individual's nationality or citizenship of one of the Contracting States shall be a
factor in determining the degree of the individual's personal and economic relations with that
Contracting State;
(d) If it cannot be determined with which Contracting State the person's personal and economic
relations are the closer, the competent authorities of the Contracting States shall consult with a view to
settling the question by mutual agreement.
3. Where by reason of the provisions of paragraph 1 of this article, a person other than an individual
is a resident of both Contracting States, then it shall be deemed to be a resident solely of the Contracting
State in which its place of effective management is situated.

Article 4
Taxes covered

1. The existing taxes to which this Taxation Code shall apply are:
(a) In Australia:
(i) The income tax, but excluding the petroleum resource rent tax;
(ii) The fringe benefits tax;
(iii) The goods and services tax; and
(iv) The superannuation guarantee charge,
imposed under the federal law of Australia;
(b) In East Timor:
(i) The income tax, including either the tax on profits after income tax or the additional
profits tax, as applicable to a specified petroleum project or part of a project;
(ii) The value added tax and sales tax on luxury goods (value added tax); and
(iii) The sales tax,
imposed under the law of East Timor.
2. The provisions of this Taxation Code shall also apply to any identical or substantially similar taxes
which are imposed after the date of signature of this Treaty in addition to, or in place of, the existing taxes.
The competent authorities of the Contracting States shall notify each other of any relevant changes which
have been made in their respective taxation law as soon as possible after such changes.
3. A Contracting State shall not impose a tax not covered by the provisions of the Taxation Code in
respect of or applicable to:
(a) The exploration for or exploitation of petroleum in the JPDA; or
(b) Any petroleum exploration or exploitation related activity carried on in the JPDA,
unless the other Contracting State consents to the imposition of that tax.
4. Nothing in paragraph 3 of this article shall be taken to prevent a Contracting State from imposing,
in accordance with its law, penalty or interest charges relating to the taxes covered by this Taxation Code.

Article 5
Business profits

1. For the purposes of the taxation law of each Contracting State, the business profits or losses of a
person, other than an individual, derived from, or incurred in, the JPDA in a year shall be reduced by the
reduction percentage.

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2. (a) Business profits or losses derived from the JPDA in a year by an individual who is a resident of a
Contracting State may be taxed in both Contracting States as reduced by the reduction percentage.
(b) Notwithstanding paragraph 2(a), the Contracting State of which the individual is a resident may
tax those profits or recognize those losses without such reduction. In such a case, that Contracting State
shall provide a tax offset against the tax payable on those profits by the individual in that State for the
tax paid in the other Contracting State.
3. Business profits derived from the JPDA in a year by an individual who is not a resident of either
Contracting State may be taxed in both Contracting States but subject to a rebate entitlement against the tax
payable in each Contracting State of the reduction percentage of the gross tax payable on those profits in
that Contracting State.
4. Business losses incurred in the JPDA in a year by an individual who is not a resident of either
Contracting State that are eligible under the law of a Contracting State to be carried forward for deduction
against future income shall, for the purposes of that law, be reduced by the reduction percentage.
5. Where losses are brought forward from prior years as a deduction, those losses may not also be
taken into account when calculating the business profits or business losses for the year in which they are
brought forward as a deduction.
6. Where profits include items of income which are dealt with separately in other articles of this
Taxation Code or where losses are dealt with separately in other articles of this Taxation Code, then the
provisions of those articles shall not be affected by the provisions of this article.
7. In establishing whether business profits are derived from the JPDA for the purposes of this article,
regard is to be had to internationally accepted principles on the source of business profits, particularly
taking into consideration the extent to which activities in the JPDA, or assets located in the JPDA, rather
than elsewhere, contributed to those business profits. In applying such internationally accepted principles
special regard shall be had to the location of:
(a) Any activities or functions contributing to the business profits;
(b) Any assets relevant to the derivation of the business profits; and
(c) Any business and financial risks assumed by an entity and which relate to the business profits.
8. For the purposes of paragraph 7, particular account should be had to the terms of any relevant
unitization agreement to the extent to which they do not conflict with the internationally accepted principles
referred to in that paragraph.
9. In determining whether business losses are incurred in the JPDA, regard is to be had to
internationally accepted principles as to where business losses are incurred, with a view to an approach
consistent with paragraphs 7 and 8 of this article.
10. Where particular business profits are derived wholly or principally from the JPDA, or particular
business losses are incurred wholly or principally in the JPDA, then such profits or losses shall be treated as
fully derived from or fully incurred in, as the case may be, the JPDA. In other cases, the relevant proportion
should be attributed to the JPDA. In the application of this paragraph the Contracting States shall seek a
consistent approach, including as between the treatment of profits and losses, and should consult if
necessary to this end.
11. For the purposes of this Taxation Code, the East Timor additional profits tax shall be regarded as a
tax on business profits.

Article 6
Shipping and air transport

1. Profits from all shipping and air transport, where the transport of the relevant goods or persons
commences at a place in the JPDA to any other place, whether inside or outside the JPDA, shall in their
entirety be regarded as business profits derived from the JPDA.

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2. Profits from all shipping and air transport internal to the JPDA shall in their entirety be regarded
as business profits derived from the JPDA.
3. Profits from all shipping and air transport, where the transport of the relevant goods or persons
commences outside the JPDA and ends in the JPDA, shall not be regarded as derived from the JPDA.

Article 7
Petroleum valuation

The value of petroleum shall for all purposes under the taxation law of both Contracting States be
the value as determined in accordance with internationally accepted arm's-length principles having due
regard to functions performed, assets used and risks assumed.

Article 8
Dividends

1. Dividends paid or credited by a company which is a resident of a Contracting State wholly or


mainly out of profits, income or gains derived from sources in the JPDA, and which are beneficially owned
by a resident of the other Contracting State, may be taxed in that other Contracting State. However, such
dividends may also be taxed in the first-mentioned Contracting State and according to the law of that State,
but the tax so charged shall not exceed fifteen (15) per cent of the gross amount of the dividends.
2. Dividends paid or credited by a company which is a resident of a Contracting State wholly or
mainly out of profits, income or gains derived from sources in the JPDA, and which are beneficially owned
by a resident of that Contracting State, shall be taxable only in that State.
3. Dividends paid or credited by a company which is a resident of a Contracting State wholly or
mainly out of profits, income or gains derived from sources in the JPDA, and which are beneficially owned
by a person who is not a resident of either Contracting State, may be taxed in both Contracting States but
the taxable amount of any such dividends shall be an amount equivalent to the framework percentage of the
amount that would be the taxable amount but for this paragraph.
4. The term "dividends" as used in this article means income from shares or other rights participating
in profits and not relating to debt claims, as well as other income which is subjected to the same taxation
treatment as income from shares by the law of the Contracting State of which the company making the
distribution is a resident.
5. Notwithstanding any other provisions of this Taxation Code, where a company which is a resident
of a Contracting State derives profits, income or gains from the JPDA, such profits, income or gains may be
subject in the other Contracting State to a tax on profits after income tax in accordance with its law, but
such tax shall not exceed fifteen (15) per cent of the gross amount of such profits, income or gains after
deducting from those profits, income or gains the income tax imposed on them in that other State. Such tax
shall be imposed upon the amount equivalent to the framework percentage of the amount that would be
taxed but for this paragraph.
6. For the purposes of this article, "derived from" has the same meaning as expressed in article 5.
Article 9
Interest
1. Interest paid or credited by a contractor, being interest to which a resident of a Contracting State is
beneficially entitled, may be taxed in that Contracting State.
2. Such interest may also be taxed in the other Contracting State, but the tax so charged shall not
exceed ten (10) per cent of the gross amount of the interest.
3. Interest paid or credited by a contractor, being interest to which a person who is not a resident of
either Contracting State is beneficially entitled, may be taxed in both Contracting States, but the taxable
amount of any such interest shall be an amount equivalent to the framework percentage of the amount that
would be the taxable amount but for this paragraph.

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4. The term "interest" in this Taxation Code includes interest from bonds or debentures, whether or
not secured by mortgage and whether or not carrying a right to participate in profits, interest from any form
of indebtedness and all other income assimilated to income from money lent by law, relating to tax, of the
Contracting State in which the income arises.

Article 10
Royalties

1. Royalties paid or credited by a contractor, being royalties to which a resident of a Contracting


State is beneficially entitled, may be taxed in that Contracting State.
2. Such royalties may also be taxed in the other Contracting State, but the tax so charged shall not
exceed ten (10) per cent of the gross amount of the royalties.
3. Royalties paid or credited by a contractor, being royalties to which a person who is not a resident
of either Contracting State is beneficially entitled, may be taxed in both Contracting States, but the taxable
amount of any such royalties shall be an amount equivalent to the framework percentage of the amount that
would be the taxable amount but for this paragraph.
4. The term "royalties" in this article means payments or credits, whether periodical or not, and
however described or computed, to the extent to which they are made as consideration for:
(a) The use of, or the right to use, any copyright, patent, design or model, plan, secret formula or
process, trademark or other like property or right;
(b) The use of, or the right to use, any industrial, commercial or scientific equipment;
(c) The supply of scientific, technical, industrial or commercial knowledge or information;
(d) The supply of any assistance that is ancillary and subsidiary to, and is furnished as a means of
enabling the application or enjoyment of, any such property or right as is mentioned in subparagraph
(a), any such equipment as is mentioned in subparagraph (b) or any such knowledge or information as
is mentioned in subparagraph (c); or
(e) Total or partial forbearance in respect of the use or supply of any property or right referred to in
this paragraph.

Article 11
Alienation of property

1. Where a gain or loss of a capital nature accrues to or is incurred by a person, other than an
individual who is a resident of a Contracting State, from the alienation of property situated in the JPDA or
of shares or comparable interests in a company, the assets of which consist (directly or indirectly, including
for example through a chain of companies) wholly or principally of property situated in the JPDA, the
amount of gain or loss shall, for the purposes of the law of a Contracting State, be an amount equivalent to
the framework percentage of the amount that would be the gain or loss but for this paragraph.
2. When a gain or loss of a capital nature accrues to or is incurred by an individual who is a resident
of a Contracting State from the alienation of property situated in the JPDA or of shares or comparable
interests in a company the assets of which consist (directly or indirectly, including for example through a
chain of companies) wholly or mainly of property situated in the JPDA, the amount of the gain or loss may,
for the purposes of the law of a Contracting State, be an amount equivalent to the reduction percentage of
the amount that would be the gain or loss but for this paragraph.
3. Notwithstanding paragraph 2, the Contracting State of which the individual is a resident may tax
that gain or recognize that loss of a capital nature without such reduction. In such a case, that Contracting
State shall provide a tax offset against the tax payable on that gain by the individual in that other
Contracting State.

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Article 12
Independent personal services

1. Income derived by an individual who is a resident of a Contracting State in respect of professional


services, or other independent activities of a similar character, performed in the JPDA may be taxed in both
Contracting States as reduced by the reduction percentage.
2. Notwithstanding paragraph 1, the Contracting State of which the individual is a resident may tax
such income without such reduction. In such a case, that Contracting State shall provide a tax offset against
the tax payable on that income by the individual in that State for the tax paid in the other Contracting State.
3. Income derived by an individual who is not a resident of either Contracting State in respect of
professional services, or other independent activities of a similar character, performed in the JPDA may be
taxed in both Contracting States but subject to a rebate entitlement against the tax payable in each
Contracting State of the reduction percentage of the gross tax payable in that Contracting State on income
referred to in this paragraph.

Article 13
Dependent personal services

1. Salaries, wages and other similar remuneration derived by an individual who is a resident of a
Contracting State in respect of employment exercised in the JPDA may be taxed in both Contracting States
as reduced by the reduction percentage.
2. Notwithstanding paragraph 1, the Contracting State in which the individual is a resident may tax
such remuneration without such reduction. In such a case, that State shall provide a tax offset against the
tax payable on such remuneration by the individual in that Contracting State for the tax paid in the other
Contracting State.
3. Remuneration derived by an individual who is not a resident of either Contracting State in respect
of employment exercised in the JPDA may be taxed in both Contracting States but subject to a rebate
entitlement against the tax payable in each Contracting State of the reduction percentage of the gross tax
payable in that Contracting State on the income referred to in this paragraph.

Article 14
Other income

1. Items of income of a resident of a Contracting State other than an individual, derived from sources
in the JPDA and not dealt with in the foregoing articles of this Taxation Code, shall be reduced by the
reduction percentage.
2. Items of income of a resident individual of a Contacting State derived from sources in the JPDA
and not dealt with in the foregoing articles of this Taxation Code may be taxed in both Contracting States
as reduced by the reduction percentage.
3. Notwithstanding paragraph 2, the Contracting State in which the individual is a resident may tax
such items of income without such reduction. In such a case, that State shall provide a tax offset against the
tax payable on those items of income by the individual in that State for the tax paid in the other Contracting
State.
4. Items of income of a person who is not a resident of either Contracting State derived from sources
in the JPDA and not dealt with in the foregoing articles of this Taxation Code may be taxed in both
Contracting States but subject to a rebate entitlement against the tax payable in each Contracting State of
the reduction percentage of the gross tax payable in that Contracting State on the income referred to in this
paragraph.
5. For the purposes of this article, "derived from" has the same meaning as expressed in article 5.

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Article 15
Fringe benefits

For the purposes of the taxation law of Australia, the amount of Australian fringe benefits tax
payable in relation to fringe benefits provided to employees in a year, in respect of employment exercised
in the JPDA, shall be:
(a) In the case of such employees who are residents of Australia, the fringe benefits tax may be
applied without reduction;
(b) In respect of employees who are residents of East Timor, the fringe benefits tax shall not be
applied; and
(c) In respect of employees who are not residents of either Contracting State, the amount payable shall
be reduced by the reduction percentage.

Article 16
Superannuation guarantee charge

The superannuation guarantee charge imposed by Australia in respect of employment exercised in


the JPDA in a year may be applied only insofar as it relates to employees who are residents of Australia, in
which case it may be applied without reduction.

Article 17
Miscellaneous

In any case where income, profits or gains are not derived from the JPDA as that term is used in
article 5, for the purposes of this Code, neither Contracting State shall tax those income, profits or gains on
a basis, in effect, of their source in the JPDA.

Article 18
Indirect taxes

Goods introduced into the JPDA, whether or not from a Contracting State, and services provided
to a person in the JPDA may, at or following introduction, be taxed in both Contracting States in
accordance with applicable Australian goods and services tax law or the East Timor value added tax or
sales tax law as the case may be, but the taxable amount in relation to such goods and services shall be an
amount equivalent to the framework percentage of the amount that would be the taxable amount but for this
paragraph.

Article 19
Avoidance of double taxation

1. In the case of Australia, subject to the provisions of the law of Australia from time to time in force
which relate to the allowance of a credit against Australian tax of tax paid in a country outside Australia
(which shall not affect the general principle of this article), East Timor tax paid under the law of East
Timor and in accordance with this Taxation Code, whether directly or by deduction, in respect of income
derived by a person who is a resident of Australia, of the following types:
(a) Dividends paid wholly or mainly out of profits, income or gains as referred to in paragraph 1 of
article 8;
(b) Interest paid by a contractor as referred to in paragraph 2 of article 9;
(c) Royalties paid by a contractor as referred to in paragraph 2 of article 10; or
(d) Profits, income or gains after income tax as referred to in paragraph 5 of Article 8,
shall be allowed as a credit against Australian tax payable in respect of that income.

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2. In the case of East Timor, subject to the provisions of the law of East Timor from time to time in
force which relate to the allowance of a credit against East Timor tax of tax paid in a country outside East
Timor (which shall not affect the general principle of this article), Australian tax paid under the law of
Australia and in accordance with this Taxation Code, whether directly or by deduction, in respect of
income derived by a person who is a resident of East Timor, of the following types:
(a) Dividends paid wholly or mainly out of profits, income or gains as referred to in paragraph 1 of
article 8;
(b) Interest paid by a contractor as referred to in paragraph 2 of article 9;
(c) Royalties paid by a contractor as referred to in paragraph 2 of article 10; or
(d) Profits, income or gains after income tax as referred to in paragraph 5 of article 8,
shall be allowed as a credit against East Timor tax payable in respect of that income.
3. The dividends, interest or royalties taxed by a Contracting State in accordance with the provisions
of this Taxation Code and referred to in this article shall, for the purposes of determining a foreign tax
credit entitlement under the law of the other Contracting State, be deemed to be income derived from
sources in the first-mentioned Contracting State.

Article 20
Mutual agreement procedure

1. Where a person considers that the actions of the competent authority of one or both of the
Contracting States result or will result for the person in taxation not in accordance with the provisions of
this Taxation Code, the person may, irrespective of the remedies provided by the domestic law of the
Contracting States, present a case to the competent authority of the Contracting State of which the person is
a resident, or to either competent authority in the case of persons who are not residents of either
Contracting State. The case must be presented within thirty-six (36) months from the first notification of
the action resulting in taxation not in accordance with the provisions of the Taxation Code.
2. The competent authority shall endeavour, if the claim appears to it to be justified and if it is not
itself able to arrive at a satisfactory solution, to resolve the case by agreement with the competent authority
of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with the
provisions of this Taxation Code. Any agreement reached shall be implemented notwithstanding any time
limits in the domestic law of the Contracting States.
3. In considering whether the actions of a Contracting State are or are not in accordance with the
provisions of this Taxation Code for the purposes of this article, particular regard is to be had to the objects
and purposes of this Taxation Code, including especially that of the avoidance of double taxation.
4. The competent authorities of the Contracting States shall jointly endeavour to resolve any
difficulties or doubts arising as to the interpretation or application of this Taxation Code. The competent
authorities of the Contracting States may meet from time to time or otherwise communicate for the
purposes of discussing the operation and application of this Taxation Code. They may also consult together
in relation to juridical or economic double taxation in cases not specifically provided for in this Taxation
Code.
5. For the purposes of paragraph 3 of article XXII (Consultation) of the General Agreement on Trade
in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as
to whether a measure falls within the scope of this Taxation Code may be brought before the Council for
Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any
doubt as to the interpretation of this paragraph shall be resolved under paragraph 4 of this article or, failing
agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States.

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Article 21
Exchange of information
1. The competent authorities of the Contracting States shall exchange such information as is
necessary for carrying out the provisions of this Taxation Code or of the domestic law of the Contracting
States concerning taxes covered by this Taxation Code, insofar as the taxation thereunder is not contrary to
this Taxation Code, in particular for the prevention of avoidance or evasion of such taxes. Any information
received by the competent authority of a Contracting State shall be treated as secret in the same manner as
information obtained under the domestic law of that Contracting State and shall be disclosed only to
persons or authorities (including courts and administrative bodies) involved in the assessment or collection
of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes
covered by this Taxation Code and shall be used only for such purposes. Such persons or authorities may
disclose the information in public courts or tribunal proceedings or in judicial or tribunal decisions relating
to taxes covered by this Taxation Code.
2. In no case shall the provisions of paragraph 1 of this article be construed so as to impose on the
competent authority of a Contracting State the obligation:
(a) To carry out administrative measures at variance with the law or the administrative practice of that
or of the other Contracting State;
(b) To supply information which is not obtainable under the law or in the normal course of the
administration of that or of the other Contracting State; or
(c) To supply information which would disclose any trade, business, industrial, commercial or
professional secret or trade process, or to supply information the disclosure of which would be contrary
to public policy.

Article 22
Interaction with other taxation arrangements

Nothing in this Taxation Code is intended to limit the operation of a taxation arrangement
concluded by either Contracting State with a third country or territory unless so provided for in such treaty.

Article 23
Transitional provisions
1. Business losses incurred in the JPDA by a person in a year previous to the year in which this
Taxation Code enters into force and business losses apportionable in accordance with paragraph 2 to that
part of the year prior to the date that this Taxation Code enters into domestic law effect may, for the
purposes of the taxation law of a Contracting State and in accordance with the provisions of that law, be
carried forward for deduction against income which is subject to the provisions of this Taxation Code, in
accordance with the provisions of this Taxation Code.
2. In the year in which this Taxation Code enters into force the Contracting States shall only apply
the framework percentage or reduction percentage to that proportion of income, losses and other items
addressed by this Taxation Code which corresponds to that portion of the period from the date of entry into
domestic law effect to the end of the year.

Article 24
Review mechanism
At the request of either of the Contracting States, the Contracting States shall review the terms and
operations of this Taxation Code with a view to amending the Taxation Code, if considered necessary.

Article 25
Entry into force
This Taxation Code shall enter into force at the same time as the Treaty to which it forms part.

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194
Agreement between the Government of Australia
and the Government of the Democratic Republic of Timor-Leste
relating to the unitization of the Sunrise and Troubadour fields1
6 March 2003
The Government of Australia and the Government of the Democratic Republic of Timor-Leste,
Considering that the exploration in the Timor Sea between Australia and Timor-Leste has proved
the existence of petroleum deposits which extend across the eastern boundary of the Joint Petroleum
Development Area; those deposits being known as the Sunrise and Troubadour deposits (collectively
known as Greater Sunrise);
Noting that Australia and Timor-Leste have, at the date of this Agreement, made maritime claims,
and not yet delimited their maritime boundaries, including in an area of the Timor Sea where Greater
Sunrise lies;
Desiring, before production commences, to make provisions for the integrated exploitation of
Greater Sunrise;
Acknowledging that Australia and Timor-Leste agreed under annex E of the Timor Sea Treaty to
unitize Greater Sunrise on the basis that 20.1 per cent of Greater Sunrise lies within the JPDA and that
production from Greater Sunrise shall be distributed on the basis that 20.1 per cent is attributed to the JPDA
and 79.9 per cent is attributed to Australia;
Recalling further the Memorandum of Understanding between the Government of Australia and
the Government of the Democratic Republic of Timor-Leste of 20 May 2002 in which they agreed to work
expeditiously and in good faith to conclude a unitization agreement for Greater Sunrise;
Have agreed as follows:

Article 1
Definitions

For the purposes of this Agreement, unless the context otherwise requires:
(a) “Apportionment Ratio” means the ratio as set out in article 7 of this Agreement or such other ratio as
applies from time to time as a result of any redetermination under article 8;
(b) “Commercial Sale”, in relation to Petroleum, means a transfer of title between parties, whether or not at
arm’s length;
(c) “Development Plan” means a description of the proposed petroleum reservoirs development and
management programme that includes details of the sub-surface evaluation and production facilities, the
production profile for the expected life of the project, the estimated capital and non-capital expenditure
covering the feasibility, fabrication, installation and pre-production stages of the project, and an evaluation
of the commerciality of the development of Petroleum from the Unit Reservoirs;
(d) “Export Pipeline” means any pipeline by which petroleum is discharged from the Unit Area;
(e) “Joint Commission” means the Joint Commission of the Joint Petroleum Development Area established
under article 6 of the Timor Sea Treaty;
(f) “Joint Petroleum Development Area” (JPDA) means the area referred to in article 3 of the Timor Sea
Treaty;
(g) “Joint Venturers’ Agreement” means any agreement between all Sunrise Joint Venturers relating to the
exploitation of the Unit Reservoirs including a unitization agreement, a unit operating agreement and any
other agreement relating to the exploitation of those reservoirs;

1
Source: Australian Treaty Series. Agreement not yet in force. This Agreement constitutes a provisional arrangement of a practical
nature which does not prejudice a final determination of the seabed delimitation.

195
(h) “Marketable Petroleum Commodity” means any of the following products produced from petroleum:
(i) Stabilized crude oil;
(ii) Sales gas;
(iii) Condensate;
(iv) Liquefied petroleum gas;
(v) Ethane;
(vi) Any other product declared by the Regulatory Authorities to be a marketable petroleum commodity;
A marketable petroleum commodity cannot be a product produced from another product of a kind referred
to in subparagraphs (i) to (vi) inclusive.
(i) “MPC Point” means that point where each Marketable Petroleum Commodity is produced, and may
vary between Marketable Petroleum Commodities;
(j) “Petroleum” means:
(i) Any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state;
(ii) Any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
(iii) Any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid
state, as well as other substances produced in association with such hydrocarbons;
including any Petroleum as defined in subparagraph (i), (ii) or (iii) that has been returned to a natural
reservoir;
(k) “Regulatory Authorities” means the competent authority for administering petroleum activities in that
part of the Joint Petroleum Development Area within the Unit Area and the competent Australian authority
for administering petroleum activities in that part of the Unit Area outside the Joint Petroleum
Development Area;
(l) “Sunrise Commission” has the meaning given in article 9 of this Agreement;
(m) “Sunrise Joint Venturers” means all those individuals or bodies corporate holding for the time being a
licence or contract in respect of an area within the Unit Area under which exploration or exploitation of
Petroleum may be carried out;
(n) “Unit Area” means the area described in annex I;
(o) “Unit Installation” means any structure or device installed or to be installed above, on, or under the
seabed of the Unit Area for the purpose of extracting Petroleum from the Unit Reservoirs in accordance
with the Development Plan. Unit Installations exclude any structure or device after the Valuation Point;
(p) “Unit Operator” has the meaning given in article 6 of this Agreement;
(q) “Unit Petroleum” means all Petroleum contained in or produced from the Unit Reservoirs, up to the
Valuation Point;
(r) “Unit Property” means all Unit Installations in the Unit Area;
(s) “Unit Reservoirs” has the meaning given in annex I;
(t) “Valuation Point” means the point of the first commercial sale of Petroleum produced from the Unit
Reservoirs, which shall occur no later than the earlier of:
(i) The point where the Petroleum enters an Export Pipeline, and
(ii) The MPC point for the Petroleum.

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Article 2
Without prejudice

1. Nothing contained in this Agreement, no acts taking place while this Agreement is in force or as a
consequence of this Agreement and no law operating in the Unit Area by virtue of this Agreement:
(a) Shall be interpreted as prejudicing or affecting the position of either Australia or Timor-Leste with
regard to their respective maritime boundaries or rights or claims thereto; and
(b) May be relied on as a basis for asserting, supporting, denying or limiting the position of either Australia
or Timor-Leste with regard to their respective maritime boundaries or rights or claims thereto.
2. This article applies notwithstanding any other provision of this Agreement, including, in particular,
article 4 of this Agreement.

Article 3
Exploitation of the Unit Reservoirs

1. The exploitation of the Unit Reservoirs shall be undertaken in an integrated manner in accordance with
the terms of this Agreement.
2. Australia and Timor-Leste shall ensure that the obligations of the Regulatory Authorities contained in
this Agreement, with respect to ensuring compliance by the Sunrise Joint Venturers with the terms of this
Agreement, shall be fully observed.

Article 4
Application of laws

For the purposes of this Agreement but not otherwise and unless otherwise provided in this
Agreement:
(a) The Timor Sea Treaty shall be deemed to apply to petroleum activities within the JPDA and petroleum
activities attributed to the JPDA pursuant to the Apportionment Ratio;
(b) Australian legislation shall be deemed to apply to petroleum activities attributed to Australia pursuant to
the Apportionment Ratio.

Article 5
Agreements

1. Australia and Timor-Leste shall require Sunrise Joint Venturers, as comprised at the date on which this
Agreement enters into force, to conclude Joint Venturers’ Agreements to regulate the exploitation of the
Unit Reservoirs in accordance with this Agreement.
2. Any Joint Venturers’ Agreement shall incorporate provisions to ensure that, in the event of a conflict
between that Joint Venturers’ Agreement and this Agreement, the terms of this Agreement shall prevail.
Any Joint Venturers’ Agreement requires the prior approval of the Regulatory Authorities.
3. Any Joint Venturers’ Agreement shall incorporate provisions to ensure that, except insofar as the
contrary is expressly stated in that Agreement,
(a) Any agreed proposal to amend, modify or otherwise change the Joint Venturers’ Agreement, and
(b) Any agreed proposal to waive or depart from any provision of the Joint Venturers’ Agreement
shall require the approval of the Regulatory Authorities before any such proposal may be implemented. The
Regulatory Authorities shall acknowledge receipt of notice of any such proposal and shall specify the date
of receipt. Approval shall be deemed to have been given unless the Unit Operator has been notified to the
contrary by either Regulatory Authority not later than 45 days after the later of the specified dates.

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Article 6
Unit Operator

A single Sunrise Joint Venturer shall be appointed by agreement between the Sunrise Joint
Venturers as their agent for the purposes of exploiting the Unit Reservoirs in accordance with this
Agreement (the Unit Operator). The appointment of and any change of the Unit Operator shall be subject to
prior approval of the Regulatory Authorities.

Article 7
Apportionment of Unit Petroleum

Production of Petroleum from the Unit Reservoirs shall be apportioned between the JPDA and
Australia according to the Apportionment Ratio 20.1:79.9, with 20.1 per cent apportioned to the JPDA and
79.9 per cent apportioned to Australia.

Article 8
Reapportionment of Unit Petroleum

1. Technical redetermination of the Apportionment Ratio from the Unit Reservoirs may take place in
accordance with the following:
(a) Either Australia or Timor-Leste may request the Unit Operator to undertake a redetermination of the
Apportionment Ratio;
(b) Australia and Timor-Leste shall have regard to the desirability of minimizing the number of reviews of
the Apportionment Ratio;
(c) Any redetermination of the Apportionment Ratio shall not occur within five (5) years of any prior
redetermination, except that a redetermination may occur within twelve (12) months of the commencement
of production from the Unit Reservoirs;
(d) The Unit Operator shall use only commercially available software in a redetermination of the
Apportionment Ratio. Only data that is available to both Governments as at the date the redetermination is
requested shall be utilized by the Unit Operator and all data and analyses pursuant to the Unit Operator’s
proposal for the redetermined Apportionment Ratio shall be provided to both Governments with the
proposal. The Unit Operator shall use all reasonable endeavours to complete the redetermination within 120
days;
(e) Any change to the Apportionment Ratio arising from a redetermination requested under subparagraph
(a) has effect when it is agreed by the Regulatory Authorities or, if referred to an expert for determination,
when the expert makes a final decision;
(f)Any change to the Apportionment Ratio shall be retrospective and past receipts and expenditures shall be
adjusted.
2. Notwithstanding paragraph 1, either Australia or Timor-Leste may request a review of the
Apportionment Ratio. Following such a review, the Apportionment Ratio may be altered by agreement
between Australia and Timor-Leste.

Article 9
Administration of the Unit Area

1. For the purposes of this Agreement but not otherwise and unless otherwise provided in this Agreement,
the Regulatory Authorities that will regulate petroleum activities in the Unit Area or in relation to Unit
Petroleum shall be those Regulatory Authorities established through application of laws as provided in
article 4.
2. A Sunrise Commission (the Commission) shall be established for the purpose of facilitating the
implementation of this Agreement and shall consult on issues relating to exploration and exploitation of
petroleum in the Unit Area.

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3. The Commission shall facilitate coordination between the Regulatory Authorities to promote the
development of the petroleum reservoir as a single entity.
4. The Commission may review, and make recommendations to the Regulatory Authorities with regard to,
a Development Plan.
5. The Commission shall consider matters referred to it by the Regulatory Authorities, facilitate inspection
of measuring systems and coordinate the provision of information by contractors to the Regulatory
Authorities.
6. The Commission may monitor the application of the laws referred to in annex II and may make
recommendations to the Regulatory Authorities concerning the application of such laws.
7. Regulatory Authorities may refer disputes to the Commission in the first instance for resolution by
consultation and negotiation. In the event that the dispute cannot be resolved by the Commission, disputes
shall be settled in accordance with article 26.
8. The Sunrise Commission shall consist of three members. Two shall be nominated by Australia and one
shall be nominated by Timor-Leste.

Article 10
Apportionment of receipts and expenditures

All receipts and expenditures up to the Valuation Point shall be apportioned in accordance with
the Apportionment Ratio.

Article 11
Taxation applying in relation to Unit Property

For the purposes of company taxation, resource taxation, cost recovery and production-sharing in
relation to Unit Property,
(a) Receipts and expenditures for that part of production attributed to the JPDA in accordance with the
Apportionment Ratio shall be taxed in accordance with arrangements specified in the Timor Sea Treaty and
elsewhere in this Agreement;
(b) Receipts and expenditures for that part of production attributed to Australia in accordance with the
Apportionment Ratio shall be taxed in accordance with Australia’s domestic taxation arrangements.

Article 12
Development Plan

1. Production of petroleum shall not commence until a Development Plan for the effective exploitation of
the Unit Reservoirs, which has been submitted by the Unit Operator and contains a programme and plans
agreed in accordance with Joint Venturers’ Agreements, has been approved by the Regulatory Authorities.
The Unit Operator shall submit copies of the Development Plan to the Regulatory Authorities for approval.
2. The Commission may review, and make recommendations to the Regulatory Authorities with regard to,
a Development Plan.
3. The Regulatory Authorities shall approve the Development Plan where:
(a) The project is commercially viable;
(b) The contractor or licensee possesses the competence and resources needed to exploit the reservoir to the
best commercial advantage;
(c) The contractor or licensee is seeking to exploit the reservoir to the best commercial advantage
consistent with good oilfield practice;
(d) The contractor or licensee could reasonably be expected to carry out the exploitation of the reservoir
during the specified period;

199
(e) The contractor or licensee has entered into contracts for the sale of gas from the project which are
consistent with arm’s length transactions.
4. The Regulatory Authorities shall specify their reasons for not approving a Development Plan including
identification of the criteria in paragraph 2 that the contractor or licensee has failed to meet.
5. The Regulatory Authorities shall ensure that the exploitation of the Unit Area shall be in accordance with
the Development Plan.
6. The Unit Operator may at any time submit, and if at any time the Regulatory Authorities so decide may
be required to submit, proposals to bring up to date or otherwise amend the Development Plan. All
amendments or additions to the Development Plan require the prior approval of the Regulatory Authorities.
7. Where the Unit Operator has been notified by either Regulatory Authority that the Development Plan or
an amendment to the Development Plan has not been approved, the Regulatory Authorities shall consult
with each other and with the Unit Operator with a view to reaching agreement.
8. The Regulatory Authorities shall require the Sunrise Joint Venturers not to change the status or function
of any Unit Installation in the Unit Area in any way except in accordance with an amendment to the
Development Plan in accordance with paragraph 2.
9. Where a Sunrise Joint Venturer has entered into contracts for the sale of gas from the project that are part
of an approved Development Plan, no action may be taken by the Regulatory Authorities to withhold the
supply of that gas.

Article 13
Abandonment

1. The abandonment of any or all parts of Unit Property shall be undertaken in accordance with laws that
have entered into force as at the date of this Agreement and as amended from time to time as applied by the
Regulatory Authorities.
2. At least two years before the abandonment of any part of Unit Property is undertaken, including the
preliminary removal of any large item of machinery or the decommissioning of any installation or pipeline,
the Unit Operator shall be required to submit a revised Development Plan, in accordance with the
provisions of article 12, which contains a plan for the cessation of production from Unit Property.
3 The Sunrise Joint Venturers shall enter into an agreement to share the costs of discharging the
abandonment obligations referred to in paragraph 1 above for Unit Property.
4. The costs of abandonment of any or all parts of Unit Property shall be apportioned in accordance with
the Apportionment Ratio.

Article 14
Structures located in the Unit Area

1.The Regulatory Authorities shall require the Unit Operator to inform them of the exact position of every
structure located in the Unit Area.
2. For the purposes of exploiting the Unit Reservoirs and subject to article 22 and to the requirements of
safety, neither Government shall hinder the free movement of personnel and materials between structures
located in the Unit Area and landing facilities on those structures shall be freely available to vessels and
aircraft of Australia and Timor-Leste.

Article 15
Point of sale for Unit Petroleum attributed to the JPDA

1. Title to Unit Petroleum attributed to the JPDA shall pass from Australia and Timor-Leste to the
contractor acting in the JPDA at the Valuation Point.

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2. This shall be the taxing point and point of valuation of Petroleum for cost recovery and
production-sharing purposes, for that part of Unit Petroleum apportioned to the JPDA in accordance with
the Apportionment Ratio.

Article 16
Valuation of Unit Petroleum for cost-recovery and production-sharing purposes

1. Where Australia and Timor-Leste agree that a licensee or contractor has entered into contracts for the
sale of Unit Petroleum which are consistent with arm’s length transactions as outlined in annex III, then for
that part of Unit Petroleum apportioned to the JPDA in accordance with the Apportionment Ratio, the
transacted price will be accepted as the Petroleum valuation for cost recovery and production-sharing
purposes.
2. Where Australia and Timor-Leste do not agree that a licensee or contractor has entered into contracts for
the sale of Unit Petroleum which are consistent with arm’s length transactions, then for that part of Unit
Petroleum apportioned to the JPDA in accordance with the Apportionment Ratio, Australia and Timor-
Leste shall determine the Petroleum valuation for cost recovery and production-sharing purposes in
accordance with internationally accepted arm’s length principles having due regard to functions performed,
assets used and risks assumed, as outlined in annex III.7

Article 17
Use of Unit Property for non-Sunrise operations

1. Australia and Timor-Leste recognize that, subject to paragraphs 2 and 3 below, the exploitation of
Petroleum other than Petroleum from the Unit Reservoirs is a legitimate use of Unit Property.
2. Either Regulatory Authority shall, on receipt of a request from the Unit Operator for such use of any part
of Unit Property, consult with the other Regulatory Authority with regard to that request. After such
consultation, and having consulted the Sunrise Joint Venturers, the relevant Regulatory Authority will
allow such use of any part of Unit Property provided that such use does not adversely affect the effective
exploitation of the Unit Area and the transmission of Unit Petroleum in accordance with this Agreement
and the Development Plan.
3. In the event that the consultations under paragraph 2 above indicate that any supplementary agreement to
this Agreement is necessary to give effect to paragraph 2, Australia and Timor-Leste shall negotiate in
order to conclude such agreement after having sought the views of the Sunrise Joint Venturers. In order to
facilitate such negotiations, Australia and Timor-Leste shall, subject to article 25, exchange any relevant
information.
4. Notwithstanding paragraphs 1 to 3 above, neither Australia nor Timor-Leste shall permit a use of the
subject of this article until relevant tax authorities of Australia and Timor-Leste have reached agreement
regarding the taxation of such use.

Article 18
Employment and training

Australia and Timor-Leste shall take appropriate measures with due regard to occupational health
and safety requirements, efficient operations and good oilfield practice to ensure that preference is given in
employment and training in the Unit Area to nationals or permanent residents of Australia and Timor-
Leste.

Article 19
Safety

1. Legislation as set out in annex II as amended from time to time shall apply for the purposes of
safety in the Unit Area.
2. The Regulatory Authorities shall administer the legislation in the Unit Area.

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Article 20
Occupational health and safety

1. Legislation as set out in Annex II as amended from time to time shall apply for the purposes of
occupational health and safety in the Unit Area.
2. The Regulatory Authorities shall administer the legislation in the Unit Area.

Article 21
Environmental protection

1. Legislation as set out in Annex II as amended from time to time shall apply for the purposes of
protection of the environment in the Unit Area.
2. The Regulatory Authorities shall administer the legislation in the Unit Area.

Article 22
Customs

1. Australia and Timor-Leste shall consult at the request of either of them in relation to the entry of
particular goods and equipment to structures in the Unit Area aimed at controlling the movement of such
persons, equipment and goods. Australia and Timor-Leste may adopt arrangements to facilitate such
movement of persons, equipment and goods.
2. Australia and Timor-Leste may, subject to paragraphs 3, 4 and 5, apply customs law to equipment and
goods entering their respective territory from, or leaving that territory for, the Unit Area.
3. Goods and equipment entering the Unit Area for purposes related to petroleum activities shall not be
subject to customs duties.
4. Goods and equipment leaving or in transit through either Australia or Timor-Leste for the purpose of
entering the Unit Area for purposes related to petroleum activities shall not be subject to customs duties.
5. Goods and equipment leaving the Unit Area for the purpose of being permanently transferred to either
Australia or Timor-Leste may be subject to customs duties of that country.

Article 23
Security arrangements

Australia and Timor-Leste shall make arrangements for responding to security incidents in the
Unit Area and for exchanging information on likely threats to security.

Article 24
Measuring systems

1. Before production of Petroleum is scheduled to commence under the Development Plan, the Regulatory
Authorities shall require the Unit Operator to submit to them for approval proposals for the design,
installation and operation of systems for measuring accurately the quantities of gas and liquids comprising,
or deemed by subsequent calculation to comprise, Unit Petroleum, which are used in the operation of the
field, re-injected, flared, vented or exported from Unit Property.
2. The Regulatory Authorities shall facilitate:
(a) Access to any equipment for Unit Petroleum measurement; and
(b) The production of information, including design and operational details of all systems, relevant to the
measurement of Unit Petroleum,
to enable inspectors to satisfy themselves that the fundamental interests of Australia and Timor-Leste in
regard to measurement of Unit Petroleum are met.

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Article 25
Provision of information

1. There shall be a free flow of information between Australia and Timor-Leste concerning the exploration
and exploitation of petroleum in the Unit Reservoirs. Confidential information supplied by either Australia
or Timor-Leste to the other shall not be further disclosed without the consent of the supplying Government.
2. The Regulatory Authorities shall require the Unit Operator to provide them with:
(a) Monthly reports recording details of the progress of the construction or decommissioning of Unit
Property and project expenditure and contractual commitments entered into;
(b) Monthly reports of quantities of gas and liquids comprising, or deemed by subsequent calculation to
comprise, Unit Petroleum which are used in the operation of the field, re-injected, flared, vented or
exported from Unit Property; and
(c) Annual reports setting out:
(i) Projected annual production profiles for the life of the field (and referring to the basis for those
production profiles);
(ii) The most recent geological, geophysical and engineering information relating to the field, including,
without limitation, any information that may be relevant to a redetermination of the Apportionment Ratio;
and
(iii) Estimates of costs relating to the exploitation of the Unit Reservoirs.

Article 26
Settlement of disputes

1. Any disputes about the interpretation or application of this Agreement shall be, as far as possible, settled
by consultation or negotiation.
2. Subject to paragraph 3, if a dispute cannot be resolved in the manner specified in paragraph 1 or by any
other agreed procedure, the dispute shall be submitted, at the request of either Government, to an arbitral
tribunal set out in annex IV.
3. If a dispute arises concerning a proposal for a redetermined Apportionment Ratio pursuant to article 8(1)
or concerning the measurement, pursuant to article 24, of quantities of gas and liquids, an expert shall be
appointed by Australia and Timor-Leste to determine the matter in question. The two Governments shall,
within 60 days of notification by either of them of such a dispute, try to reach agreement on the
appointment of such an expert. If within this period no agreement has been reached, the procedures
specified in annex V shall be followed. The expert appointed shall act in accordance with the terms of
annex V. The expert’s decision shall be final and binding on both Governments and on the Sunrise Joint
Venturers, save in the event of fraud or manifest error.

Article 27
Entry into force, amendment and duration

1. This Agreement shall enter into force upon the day on which Australia and Timor-Leste have notified
each other in writing that their respective requirements for entry into force of this Agreement have been
complied with.
2. This Agreement may be amended or terminated at any time by written agreement between Australia and
Timor-Leste.
3. In the event of permanent delimitation of the seabed, Australia and Timor-Leste shall reconsider the
terms of this Agreement. Any new agreement shall ensure that petroleum activities entered into under the
terms of this Agreement shall continue under terms equivalent to those in place under this Agreement.
IN WITNESS WHEREOF the undersigned, being duly authorized thereunto by their respective
Governments, have signed this Agreement.

203
DONE at Dili, on this sixth day of March, two thousand and three in two originals in the English language.
For the Government of Australia:
Alexander Downer
Minister for Foreign Affairs
For the Government of the Democratic Republic of Timor-Leste:
Ana Pessoa
Minister of State for the Presidency of the Council of Ministers

Annex I
Delineation of Unit Area and Unit Reservoirs

The Unit Area is the area (depicted for illustrative purposes only on the map at attachment 1)
bounded by a line commencing at 9º 50' 00" S, 127º 55' 00" E and running:
(a) successively along the rhumb line to each of the following points in the sequence in which they appear
below:
9º 50' 00" S 128º 20' 00" E
9º 40' 00" S 128º 20' 00" E
9º 40' 00" S 128º 25' 00" E
9º 30' 00" S 128º 25' 00" E
9º 30' 00" S 128º 20' 00" E
9º 25' 00" S 128º 20' 00" E
9º 25' 00" S 128º 00' 00" E
9º 30' 00" S 127º 53' 20" E
9º 30' 00" S 127º 52' 30" E
9º 35' 00" S 127º 52' 30" E
9º 35' 00" S 127º 50' 00" E
9º 37' 30" S 127º 50' 00" E
9º 37' 30" S 127º 45' 00" E
9º 45' 00" S 127º 45' 00" E
9º 45' 00" S 127º 50' 00" E
9º 47' 30" S 127º 50' 00" E
9º 47' 30" S 127º 55' 00" E;
(b) thence along the rhumb line to the point of commencement.
The Unit Reservoirs (illustratively depicted by the darker-shaded area in attachment 1) are that
part of the rock formation known as the Plover Formation (Upper and Lower) that underlies the Unit Area
and contains the Sunrise and Troubadour deposits of Petroleum, together with any extension of those
deposits that is in direct hydrocarbon fluid communication with either deposit. For purposes of illustration,
in the case of the Sunset-1 well this formation is shown by that portion of the Gamma Ray,

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Neutron/Density, Resistivity and Sonic Logs between the depths of 2128m and 2390m (TVDSS) in
attachment 2.2
Where for the purposes of this annex it is necessary to determine the position on the surface of the
Earth of a point, line or area, that position shall be determined by reference to the Australian Geodetic
Datum, that is to say, by reference to a spheroid having its centre at the centre of the Earth and a major
(equatorial) radius of 6 378 160 metres and a flattening of 1/298.25 and by reference to the position of the
Johnston Geodetic Station in the Northern Territory of Australia. That station shall be taken to be situated
at Latitude 25º 56' 54.5515" South and at Longitude 133º 12' 30.0771" East and to have a ground level of
571.2 metres above the spheroid referred to above.

Attachment 1
Map showing outline of the Unit Area and outline of the Unit Reservoirs

2
Attachment 2 not included.

205
206
Annex II
Legislation applicable in the Unit Area as referred to in Articles 19, 20 and 21

Article 19 - Safety

Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations


Limitation of Liability for Maritime Claims Act 1989
Navigation Act 1912
Radiocommunications Act 1992
Seafarers Rehabilitation and Compensation Act 1992

Article 20 - Health

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations


Occupational Health and Safety (Maritime Industry) Act 1993
Navigation Act 1912
Seafarers Rehabilitation and Compensation Act 1992

Article 21 - Environmental protection

Petroleum (Submerged Lands) (Management of Environment) Regulations 1999


Protection of the Sea (Civil Liability) Act 1981
Protection of the Sea (Oil Pollution Compensation Fund) Act 1993
Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund - Customs) Act
1993
Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund - Excise) Act 1993
Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund - General) Act 1993
Protection of the Sea (Powers of Intervention) Act 1981
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
Protection of the Sea (Shipping Levy) Act 1981

Annex III
Petroleum valuation principles

1. This annex sets out the principles to be applied in determining the value of petroleum in non-arm’s-
length transactions under article 16, for the purposes of cost recovery and production-sharing of that part of
Unit Petroleum apportioned to the Joint Petroleum Development Area in accordance with the
Apportionment Ratio.
2. An arm’s-length transaction is one where the parties to the transaction are dealing at arm’s length with
each other in relation to the transaction. Whether the parties are dealing at arm’s length is determined not
only by the relationship between the parties but also by the nature of the dealings between those parties,
even if they are otherwise independent of each other.
3. In determining whether an arm’s-length transaction has taken place, the Regulatory Authorities shall,
among other things, have due regard to the functions performed, assets used and risks assumed. In

207
assessing the allocation of risk, and the associated return to those risks, regard shall be had to the outcomes
expected of parties acting at arm’s length.
4.Where there is no arm’s-length sale, the petroleum shall be valued with reference to a comparable
uncontrolled price (CUP) at the Valuation Point.
5. If no CUP exists, petroleum shall be valued by the application of the pricing methodology set out in
paragraph 6. In this methodology:
Calculation Period means the period beginning with the year five years before production of petroleum
from Greater Sunrise is scheduled under the Development Plan to commence (t = 0), and ending with the
year when production is scheduled under the Development Plan to cease (t = T);
Downstream Facilities means any petroleum processing facilities after the Valuation Point and before the
earlier of the first point of arm’s-length sale and the first available CUP.
6. The petroleum valuation (PV) shall be:
(a) Calculated at (and all estimates required therefor shall be calculated as at) the date of commencement of
production; and
(b) Calculated in United States dollars per unit of undifferentiated hydrocarbons with respect to the
following formula:
NCFt = VDPt - ECCt - OCt - CDCt - PVt x QHt
by substituting and solving for PV the equation

where:
r = 14% for floating gas-to-liquids technology and 10.5% for an export pipeline;
NCF is net cash flow before tax;
VDP is the total market value of the downstream product, at the first point of arm’s-length sale, or the first
available CUP, in that year;
ECC is expenditures made for items which normally have a useful life of more than one (1) year incurred
by the owners of the Downstream Facilities in the year for which NCF is being calculated (including, but
not limited to, feasibility and engineering costs and other costs incurred for the purposes of designing and
constructing the Downstream Facilities (and in the first year, those costs incurred prior to the start of the
Calculation Period)), but only to the extent such are incurred in respect of the Downstream Facilities before
the date of commencement of production;
OC is an amount equal to the operating costs (including taxes other than taxes on income, profit or gain and
further including expenditures to maintain, repair and replace equipment necessary for the operation of the
Downstream Facilities) incurred by the owners of the Downstream Facilities in that year, but only to the
extent such are incurred on and from the date of commencement of production in respect of the
Downstream Facilities, but does not include:
(a) Any cost or provision against the eventual costs of decommissioning the Downstream Facilities;
(b) Depreciation of capital costs; and
(c) The cost of natural gas used in the production process;
CDC in the last year of production is the estimated costs of decommissioning the Downstream Facilities,
and otherwise is zero;
QH is the quantity of undifferentiated hydrocarbons that, in that year, passed the Valuation Point.

208
7. Where that part of the undifferentiated hydrocarbon stream which is processed as condensate or LPG is
processed under a fixed processing fee arrangement, with those revenues being passed upstream, then the
following adjustments shall be taken into account in the calculation in paragraph 6:
(a) VDP shall exclude the value of the condensate or LPG but include the amount of tolling fees paid in
that year in respect of the processing services supplied to a Sunrise Joint Venturer in respect of production
of that condensate or LPG; and
(b) QH shall exclude the quantity of undifferentiated hydrocarbons which results in production of that
condensate or LPG for which tolling fees were paid.
8. All costs and estimates of costs used for the purposes of the calculation in paragraph 6, including any
tolling fees charged under paragraph 7, shall be not more than those which would be directly and
necessarily incurred by a reasonable and prudent operator in an arm’s-length transaction.
9. Where the average realized price for downstream product over the previous two years differs by more
than 10 per cent from the average price over that period as included in the calculations under paragraph 6,
then either Australia or Timor-Leste may initiate a review of these calculations by the Regulatory
Authorities, in accordance with the following:
(a) Any review shall occur not within two years of any prior review, and the first review shall not occur
earlier than five years following the commencement of production from Greater Sunrise;
(b) The calculations under paragraph 6 shall be re-undertaken from the beginning of the Calculation Period,
taking into account actual realized downstream product prices to date, and any new estimates of
downstream product prices;
(c) Where a new petroleum valuation is determined under this review process, this new valuation shall
apply prospectively from the date of recalculation.

Annex IV
Dispute resolution procedure

(a) An arbitral tribunal to which a dispute is submitted pursuant to article 26 (2) shall consist of three
persons appointed as follows:
(i) Australia and Timor-Leste shall each appoint one arbitrator;
(ii) the arbitrators appointed by Australia and Timor-Leste shall, within sixty (60) days of the
appointment of the second of them, by agreement, select a third arbitrator who shall be a citizen, or
permanent resident of a third country which has diplomatic relations with both Australia and Timor-Leste;
(iii) Australia and Timor-Leste shall, within sixty (60) days of the selection of the third arbitrator,
approve the selection of that arbitrator who shall act as Chairman of the Tribunal.
(b) Arbitration proceedings shall be instituted upon notice being given through the diplomatic channel
by the country instituting such proceedings to the other country. Such notice shall contain a statement
setting forth in summary form the grounds of the claim, the nature of the relief sought, and the name of the
arbitrator appointed by the country instituting such proceedings. Within sixty (60) days after the giving of
such notice the respondent country shall notify the country instituting proceedings of the name of the
arbitrator appointed by the respondent country.
(c) If, within the time limits provided for in subparagraphs (a) (ii) and (iii) and paragraph (b) of this
annex, the required appointment has not been made or the required approval has not been given, Australia
or Timor-Leste may request the President of the International Court of Justice to make the necessary
appointment. If the President is a citizen or permanent resident of Australia or Timor-Leste or is otherwise
unable to act, the Vice-President shall be invited to make the appointment. If the Vice-President is a citizen
or permanent resident of Australia or Timor-Leste or is otherwise unable to act, the Member of the
International Court of Justice next in seniority who is not a citizen or permanent resident of Australia or
Timor-Leste shall be invited to make the appointment.

209
(d) In case any arbitrator appointed as provided for in this annex shall resign or become unable to act,
a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the
original arbitrator and the successor shall have all the powers and duties of the original arbitrator.
(e) The arbitral tribunal shall convene at such time and place as shall be fixed by the Chairman of the
tribunal. Thereafter, the arbitral tribunal shall determine where and when it shall sit.
(f) The arbitral tribunal shall decide all questions relating to its competence and shall, subject to any
agreement between Australia and Timor-Leste, determine its own procedure.
(g) Before the arbitral tribunal makes a decision, it may at any stage of the proceedings propose to Australia
and Timor-Leste that the dispute be settled amicably. The arbitral tribunal shall reach its award by majority
vote taking into account the provisions of this Agreement and relevant international law.
(h) Australia and Timor-Leste shall each bear the costs of its appointed arbitrator and its own costs in
preparing and presenting cases. The cost of the Chairman of the tribunal and the expenses associated with
the conduct of the arbitration shall be borne in equal parts by Australia and Timor-Leste.
(i) The arbitral tribunal shall afford to Australia and Timor-Leste a fair hearing. It may render an award on
the default of either Australia or Timor-Leste. In any case, the arbitral tribunal shall render its award within
six months from the date it is convened by the Chairman of the Tribunal. Any award shall be rendered in
writing and shall state its legal basis. A signed counterpart of the award shall be transmitted to Australia
and Timor-Leste.
(j) An award shall be final and binding on Australia and Timor-Leste.

Annex V
Expert determination procedure

1. If no agreement is reached on the appointment of an expert within the period specified in


article 26, each Government shall forthwith exchange with the other a list of not more than three
independent experts, putting them in order of preference. In each list, the first shall have three points, the
second two points and the third one point. The expert having the greatest number of points from the two
lists shall be appointed.
2. If two or more of the experts named on the lists exchanged by the Governments share the greatest
number of points, the Governments shall, within 30 days of exchange, by agreement or, failing that, by lot,
select which of the experts shall be appointed to decide the matter in question.
3. If the expert to be appointed is unable or unwilling to act, or fails, in the opinion of both
Governments, to act within a reasonable period of time to decide the matter in question, then the expert
with the greatest number of points among the experts remaining shall be the expert to decide the matter in
question. If two or more such experts share the greatest number of points, both Governments shall, by
unanimous agreement or by lot, select which expert shall be appointed as the expert to decide the matter in
question.
4. If a Government fails to respond to any request or notice within the time specified under this
annex, the Government shall be deemed to have waived its rights in respect of the subject of the request or
notice but nevertheless shall be bound by the actions of the other Government in selecting an expert and by
the decision of the expert.
5. The task of the expert is to reach an independent determination of whatever matters are in
question. Where the matter in dispute is in relation to technical redetermination of the apportionment ratio
pursuant to article 8, the expert’s decision must be made in accordance with any technical procedures and
calculation formula pertaining to redetermination as set out in the relevant Joint Venturers’ Agreement.
6. The expert may engage independent contractors to undertake work which is necessary to enable
the expert to reach a decision, provided that any contractor nominated by the expert for that purpose is
approved by the Governments and gives an undertaking that neither it nor any of its personnel has a
conflict of interest which would prevent it from undertaking the work.
7. The fees and costs of the expert shall be paid initially by the Government which first:

210
(a) Initiated the redetermination of the apportionment ratio; or
(b) Disagreed with the measurement, pursuant to article 24, of quantities of gas and liquids,
and shall be recoverable from the Unit Operator. The latter shall be required to use its best efforts to
reimburse the initial payer within 12 months of the payment of those fees and costs.
8. Except as set out in this Agreement, the expert shall establish its own procedures. The expert shall
only meet with a Government jointly with the other Government. All communications between the
Governments and the expert outside those meetings shall be conducted in writing and a person making any
such communication shall at the same time send a copy of it to the other Government.
9. The expert shall use only commercially available software in a redetermination of the
apportionment ratio. Only data that was available to both Governments as at the date that the
redetermination was requested shall be utilized by the expert and all data and analyses relevant to the
expert’s preliminary and final decisions for the redetermined apportionment ratio shall be provided to both
Governments with those decisions.
10. Forthwith upon the appointment of the expert, the Unit Operator shall supply the expert with its
data and analyses. Within 30 days of that appointment, each Government will make an initial submission
and provide a copy to the other Government. Within 20 days of receiving a copy of that submission, the
Government concerned may make a supplementary submission (again providing a copy to the other
Government).
11. The expert shall issue a preliminary decision within a period of 90 days, or such other period as
the Governments may decide, commencing from the date the expert was appointed. The preliminary
decision shall be accompanied by such supporting documentation as is necessary for the Governments to
make a reasoned assessment of that decision. Each Government has the right, within 90 days of receipt of
the expert’s preliminary decision, to seek clarification of that decision and the supporting documentation, to
request the expert to review its preliminary decision and to make submissions to the expert for its
consideration. If such a request is made, the other Government shall, within a period of 15 days after
receipt of a copy of those submissions, have the right to make further submissions. The expert shall issue
its final decision on the matter in question no later than 140 days from the date of issue of the preliminary
decision. The expert’s final decision shall be in writing and the expert shall give detailed reasons for that
decision.
12. The Sunrise Joint Venturers shall cooperate fully in supplying information required by the expert
and otherwise in facilitating the expert to reach its decision.
13. The Governments shall require the expert and any independent contractor engaged by the expert to
give an undertaking to safeguard the confidentiality of any information supplied to the expert.

211
212
C. South-East Asia

Malaysia and Viet Nam


Memorandum of Understanding between Malaysia and the Socialist Republic of
Viet Nam for the exploration and exploitation of petroleum in a defined area of the
continental shelf involving the two countries
5 June 1992
Malaysia and the Socialist Republic of Viet Nam,
Desiring to further strengthen the cooperation between the two countries;
Recognizing that as a result of overlapping claims made by the two countries regarding the
boundary lines of their continental shelves located off the northeast coast of West Malaysia and off the
southwest coast of Viet Nam, there exists an overlapping area of their continental shelves;
Consistent with tile agreement reached by the leaders of the two countries to cooperate in that part
of the overlapping area involving the two countries only;
Mindful of the decision by the leaders of the two countries to resolve peacefully the question of all
overlapping claims involving multiple parties with the parties concerned at an appropriate time;
Considering that it is in the best interests of both countries, pending delimitation of their
continental shelves located off the northeast coast of West Malaysia and off the southwest coast of Viet
Nam, to enter into an interim arrangement for the purpose of exploring and exploiting petroleum in the
seabed in the overlapping area;
Convinced that such activities can be carried out through mutual cooperation;
Have agreed as follows:

Article I

(1) Both parties agree that as a result of overlapping claims made by the two countries regarding the
boundary lines of their continental shelves located off the northeast coast of West Malaysia and off the
southwest coast of Viet Nam, there exists an overlapping area (the Defined Area), being that area bounded
by straight lines joining the following coordinated points:
A N7° 22.0' E 103° 42.5'
B N7° 20.0' E 103° 39.0'
C N7° 18.31' E 103° 35.71'
D N7° 03.0' E103° 52.0'
E N6° 05.8' E105° 49.2'
F N6° 48.25' E104° 30.0'
A N7° 22.0' E 103° 42.5'
and shown in the relevant part of the British Admiralty Chart No: 2414, Edition 1967, annexed hereto.
(2) The actual location at sea of the points referred to in Clause (1) of this article shall be determined
by a method to be mutually agreed upon by the competent authorities of both parties. The competent
authorities in relation to Malaysia means the Directorate of National Mapping Malaysia and includes any
person authorized by it and in relation to the Socialist Republic of Viet Nam means the Department of Geo-
Cartography and the Navy Geo-Cartography Section and includes any person authorized by them.

213
Article II

(1) Both parties agree, pending final delimitation of the boundary lines of their continental shelves
pertaining to the Defined Area through mutual cooperation, to explore and exploit petroleum in that area in
accordance with the terms of, and for a period of the validity of, this Memorandum of Understanding.
(2) Where a petroleum field is located partly in the Defined Area and partly outside that area in the
continental shelf of Malaysia or the Socialist Republic of Viet Nam, as the case may be, both parties shall
arrive at mutually acceptable terms for the exploration and exploitation of petroleum therein.
(3) All costs incurred and benefits derived from the exploration and exploitation of petroleum in the
Defined Area shall be borne and shared equally by both parties.

Article III

For the purpose of this Memorandum of Understanding:


(a) Malaysia and the Socialist Republic of Viet Nam agree to nominate Petronas and
Petrovietnam, respectively, to undertake, on their respective behalves, the exploration and exploitation of
petroleum in the Defined Area;
(b) Malaysia and the Socialist Republic of Viet Nam shall cause Petronas and Petrovietnam,
respectively, to enter into a commercial arrangement as between them for the exploration and exploitation
of petroleum in the Defined Area provided that the terms and conditions of that arrangement shall be
subject to the approval of the Government of Malaysia and the Government of the Socialist Republic of
Viet Nam;
(c) Both parties agree, taking into account the significant expenditures already incurred in
the Defined Area, that every effort shall be made to ensure continued early exploration of petroleum in the
Defined Area.

Article IV

Nothing in this Memorandum of Understanding shall be interpreted so as to in any way


(a) Prejudice the position and claims of either party in relation to and over the Defined Area; and
(b) Without prejudice to the provisions of article III, confer any rights, interests or privileges to
any person not being a party hereto in respect of any petroleum resources in the Defined Area.

Article V

This Memorandum of Understanding shall continue for a period to be specified by an exchange of


diplomatic notes between the two Parties.

Article VI

Any dispute arising out of the interpretation or implementation of the provisions of this
Memorandum of Understanding shall be settled peacefully by consultation or negotiation between both
Parties.

Article VII

This Memorandum of Understanding shall come into force on the date to be specified by an
exchange of diplomatic notes between the two Parties.

Article VIII

For the purpose of this Memorandum of Understanding

214
(a) "Defined Area" means the area referred to in article I (l) of this Memorandum of
Understanding;
(b) "petroleum" means any mineral oil or relative hydrocarbon and natural gas existing in its
natural condition and casinghead petroleum spirit, including bituminous shales and other stratified deposits
from which oil can be extracted;
(c) "petroleum field" means an area consisting of a single reservoir or multiple reservoirs all
grouped on, or related to, the same individual geological structural feature, or stratigraphic conditions from
which petroleum may be produced commercially;
(d) "Petronas" is the short form of Petroliam Nasional Berhad, a company incorporated under
the Malaysia Companies Act 1965; and
(e) "Petrovietnam" is the short form of Viet Nam National Oil and Gas Company established
by the Decree of No. 250/HDBT of 6 July, 1990.
DONE in duplicate at Kuala Lumpur the 5th day of June in the year One Thousand Nine Hundred and
Ninety Two in the English language.
For Malaysia: H.E. Datuk Ahmad Kamil Jaafar, Secretary-General, Ministry of Foreign Affairs, Malaysia
For the Socialist Republic of Vietnam: H.E. Vu Khoan, Vice-Minister of Foreign Affairs, Socialist
Republic of Viet Nam

215
216
Malaysia and Singapore
Agreement between the Government of Malaysia
and the Government of the Republic of Singapore to delimit
precisely the territorial waters boundary in accordance
with the Straits Settlement and Johore Territorial Waters Agreement 1927
7 August 1995
Whereas by the Straits Settlement and Johore Territorial Waters Agreement dated 19 October
1927, hereinafter referred to as “the 1927 Agreement”, made between His Excellency Sir Hugh Charles
Clifford,Governor and Commander-in-Chief of the Colony of the Straits Settlements, on behalf of His
Britannic Majesty and His Highness Ibrahim bin Almarhum Sultan Abu Bakar, Sultan of the State and
Territory of Johore, the boundary between the territorial waters of the Settlement of Singapore and the State
and Territory of Johore was agreed upon;
And whereas the State and Territory of Johore has been succeeded to by Malaysia and is a State
within Malaysia and the Settlement of Singapore has been succeeded to by the Republic of Singapore;
And whereas the Government of Malaysia and the Government of the Republic of Singapore,
hereinafter referred to as “the Contracting Parties”, recognizing the need to delimit precisely the territorial
waters boundary in accordance with the 1927 Agreement, agreed to conduct a joint hydrographic survey
based on the Memorandum of Procedure relating to the said survey as agreed upon on 29 January 1980;
And whereas upon the successful completion of the joint hydrographic survey on 12 May 1982
and the adoption of its report by the Contracting Parties on 16 April 1985, the Contracting Parties are
desirous of entering into an agreement to delimit precisely the territorial waters boundary between
Malaysia and the Republic of Singapore in the areas described in article I of the 1927 Agreement;
Now, therefore, it is agreed and declared as follows:

Article 1
The boundary

1. The territorial waters boundary between Malaysia and the Republic of Singapore in the areas
described in article I of the 1927 Agreement is defined by straight lines joining the points, the geographical
coordinates of which are specified in annex I.
2. The latitude and longitude of the geographical coordinates specified in annex I have been
determined on the Revised Kertau Datum, Everest Spheroid (Malaya), Malaysian Rectified Skew
Orthomorphic Projection (Projection Tables published by Directorate of Military Survey, Ministry of
Defence, United Kingdom—March 1965). Chart Datums used are as described in the Joint Hydrographic
Survey Fair Sheets 1980/1982 listed in annex II.
3. As an illustration, the territorial waters boundary referred to in paragraph 1 is shown in red on the
map attached hereto as annex III.
4. Where the actual location of the points specified by the geographical coordinates in annex I or any
other points along the boundary is required to be determined, it shall be determined jointly by the
competent authorities of the Contracting Parties.
5. For the purpose of paragraph 4 of this article the term “competent authorities”, in relation to
Malaysia, shall mean the Director General of Survey and Mapping, Malaysia, and any person authorized by
him, and in relation to the Republic of Singapore, shall mean the Head of the Mapping Unit, Ministry of
Defence, Singapore, and any person authorized by him.

Article 2
Finality of Boundary

There shall be no alteration to the territorial waters boundary as defined in article 1.

217
Article 3
Settlement of disputes

Any dispute between the Contracting Parties arising out of the interpretation or implementation of
this Agreement shall be settled by consultation or negotiation.

Article 4
Relationship with 1927 Agreement

In the event of any inconsistency between article 1 of this Agreement and article I of the 1927
Agreement, article 1 of this Agreement will prevail.

Article 5
Ratification

This Agreement shall be subject to ratification by the Contracting Parties.

Article 6
Entry into force

This Agreement shall enter into force on the date of exchange of the instruments of ratification by
the Contracting Parties.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed this Agreement.
DONE at Singapore on this seventh day of August one thousand nine hundred and ninety-five in
four original texts, two each in the Malay and English languages, all texts being equally authentic. In case
of any divergency, the English text will prevail.
For the Government of Malaysia: For the Government of the Republic of Singapore:
Datuk Abdullah Ahmad Badawi Professor S. Jayakumar
Minister for Foreign Affairs Minister for Foreign Affairs

Annex I
Geographical coordinates

1. East of Johor Causeway

Designating points Latitude North Longitude East


E1 01°27’10.0” 103°46’16.0”
E2 01°27’54.5” 103°47’25.7”
E3 01°28’35.4” 103°48’13.2”
E4 01°28’42.5” 103°48’45.6”
E5 01°28’36.1” 103°49’19.8’
E6 01°28’22.8’ 103°50’03.0”
E7 01°27’58.2” 103°51’07.2”
E8 01°27’46.6” 103°51’31.2”
E9 01°27’31.9” 103°51’53.9”
E10 01°27’23.5” 103°52’05.4”
E11 01°26’56.3” 103°52’30.1”

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Designating points Latitude North Longitude East
E12 01°26’06.5” 103°53’10.1”
E13 01°25’40.6” 103°53’52.3”
E14 01°25’39.1” 103°54’45.9”
E15 01°25’36.0” 103°55’00.6”
E16 01°25’41.7” 103°55’24.0”
E17 01°25’49.5” 103°56’00.3”
E18 01°25’49.7” 103°56’15.7”
E19 01°25’40.2” 103°56’33.1”
E20 01°25’31.3” 103°57’09.1”
E21 01°25’27.9” 103°57’27.2”
E22 01°25’29.1” 103°57’38.4”
E23 01°25’19.8” 103°58’00.5”
E24 01°25’19.0” 103°58’20.7”
E25 01°25’27.9” 103°58’47.7”
E26 01°25’27.4” 103°59”00.9”
E27 01°25’29.7” 103°59’10.2”
E28 01°25’29.2” 103°59’20.5”
E29 01°25’30.0” 103°59’34.5”
E30 01°25’25.3” 103°59’42.9”
E31 01°25’14.2” 104°00’10.3”
E32 01°26’20.9” 104°01’23.9”
E33 01°26’38.0” 104°02’27.0”
E34 01°26’23.5” 104°03’26.9”
E35 01°26’04.7” 104°04’16.3”
E36 01°25’51.3” 104°04’35.3”
E37 01°25’03.3” 104°05’18.5”
E38 01°24’55.8” 104°05’22.6”
E39 01°24’44.8” 104°05’26.7”
E40 01°24’21.4” 104°05’33.6”
E41 01°23’59.3” 104°05’34.9”
E42 01°23’39.3” 104°05’32.9”
E43 01°23’04.9” 104°05’22.4”
E44 01°22’07.5” 104°05’00.9”
E45 01°21’27.0” 104°04’47.0”
E46 01°20’48.0” 104°05’07.0”
E47 01°17’21.3” 104°07’34.0”

219
2. West of Johor Causeway

Designating points Latitude North Longitude East


W1 01°27’09.8” 103°46’15.7”
W2 01°25’54.2” 103°45’38.5”
W3 01°27’01.4” 103°44’48.4”
W4 01°27’16.6” 103°44’23.3”
W5 01°27’36.5” 103°43’42.0”
W6 01°27’26.9” 103°42’50.8”
W7 01°27’02.8” 103°42’13.5
W8 01°26’35.9” 103°41’55.9
W9 01°26’23.6” 103°41’38.6”
W10 01°26’14.1” 103°41’00.0”
W11 01°25’41.3” 103°40’26.0”
W12 01°24’56.7” 103°40’10.0”
W13 01°24’37.7” 103°39’50.1”
W14 01°24’01.5” 103°39’25.8”
W15 01°23’28.6” 103°39’12.6”
W16 01°23’13.5” 103°39’10.7”
W17 01°22’47.7” 103°38’57.1”
W18 01°21’46.7” 103°38’27.2”
W19 01°21’26.6” 103°38’15.5”
W20 01°21’07.3” 103°38’08.0”
W21 01°20’27.8” 103°37’48.2”
W22 01°19’17.8” 103°37’04.2”
W23 01°18’55.5” 103°37’01.5”
W24 01°18’51.5” 103°36’58.2”
W25 01°15’51.0” 103°36’10.3”

220
Annex II
Joint Hydrographic Survey Fair Sheets, 1980/1982

Sheet 1 of 21 (JS/5/IIa--1)
Sheet 2 of 21 (JS/5/IIa--2
Sheet 3 of 21 (JS/5/IIb—1)
Sheet 4 of 21 (JS/5/IIb—2)
Sheet 5 of 21 (JS/5/Ia)
Sheet 6 of 21 (JS/5/Ib)
Sheet 7 of 21 (JS/5/IIIa—1)
Sheet 8 of 21 (JS/5/IIIa—2)
Sheet 9 of 21 (JS/5/IIIb—1)
Sheet 10 of 21 (JS/5/IIIb—2)
Sheet 11of 21 (JS/5/IVa)
Sheet 12 of 21 (JS/5/IVb—1)
Sheet 13 of 21 (JS/5/IVb—2)
Sheet 14 of 21 (JS/5/Va--1)
Sheet 15 of 21 (JS/5/Va—2)
Sheet 16 of 21 (JS/5/Vb—1)
Sheet 17 of 21 (JS/5/Vb—2)
Sheet 18 of 21 (JS/5/VIa—1)
Sheet 19 of 21 (JS/5/VIa—2)
Sheet 20 of 21 (JS/5/VIb—1)
Sheet 21 of 21 (JS/5/VIb—2)

221
222
Thailand and Viet Nam
Agreement between the Government of the Kingdom of Thailand and the
Government of the Socialist Republic of Viet Nam on the delimitation of the
maritime boundary between the two countries in the Gulf of Thailand
9 August 1997
The Government of the Kingdom of Thailand and the Government of the Socialist Republic of
Viet Nam (hereinafter referred to as “the Contracting Parties” )
Desiring to strengthen the existing bonds of friendship between the two countries,
Desiring to establish the maritime boundary between the two countries in the relevant part of their
overlapping continental shelf claims in the Gulf of Thailand,
Have agreed as follows:

Article 1

1. The maritime boundary between the Kingdom of Thailand and the Socialist Republic of Viet Nam
in the relevant part of their overlapping continental shelf claims in the Gulf of Thailand is a straight line
drawn from Point C to Point K defined by latitude and longitude as follows:

Point C: Latitude N 07° 48' 00".0000 Longitude E 103° 02' 30".0000

Point K: Latitude N 08° 46' 54".7754 Longitude E 102° 12' 11".6542


2. Point C is the northernmost point of the Joint Development Area established by the Memorandum
of Understanding between the Kingdom of Thailand and Malaysia on the Establishment of a Joint
Authority for the Exploitation of the Resources of the Seabed in a Defined Area of the Continental Shelf of
the Two Countries in the Gulf of Thailand, done at Chiangmai on 21 February 1979, and which coincides
with Point 43 of Malaysia’s continental shelf claim advanced in 1979.
3. Point K is a point situated on the maritime boundary between the Socialist Republic of Viet Nam
and the Kingdom of Cambodia, which is the straight line equidistant from Tho Chu Islands and Poulo Wai
drawn from Point O Latitude N09°35'00".4159 and Longitude E105°10'15".9805.
4. The coordinates of the points specified in the above paragraphs are geographical coordinates
derived from the British Admiralty Chart No. 2414 which is attached as an annex to this Agreement.115
The geodetic and computational bases used are the Ellipsoid Everest - 1830 - Indian Datum.
5. The maritime boundary referred to in paragraph 1 above shall constitute the boundary between the
continental shelf of the Kingdom of Thailand and the continental shelf of the Socialist Republic of Viet
Nam, and shall also constitute the boundary between the exclusive economic zone of the Kingdom of
Thailand and the exclusive economic zone of the Socialist Republic of Viet Nam.
6. The actual location of the above Points C and K at sea and of the straight line connecting them
shall, at the request of either Government, be determined by a method to be mutually agreed upon by the
hydrographic experts authorized for this purpose by the two Governments.

Article 2

The Contracting Parties shall enter into negotiation with the Government of Malaysia in order to
settle the tripartite overlapping continental shelf claim area of the Kingdom of Thailand, the Socialist

1
Chart not reproduced for technical reasons.

223
Republic of Viet Nam and Malaysia which lies within the Thai-Malaysian Joint Development Area
established by the Memorandum of Understanding between the Kingdom of Thailand and Malaysia on the
Establishment of a Joint Authority for the Exploitation of the Resources of the Seabed in a Defined Area of
the Continental Shelf of the Two Countries in the Gulf of Thailand, done at Chiangmai on 21 February
1979.

Article 3

Each Contracting Party shall recognize and acknowledge the jurisdiction and the sovereign rights
of the other country over the latter’s continental shelf and exclusive economic zone within the maritime
boundary established by this Agreement.

Article 4

If any single geological petroleum or natural gas structure or field, or other mineral deposit of
whatever character, extends across the boundary line referred to in paragraph 1 of article 1, the Contracting
Parties shall communicate to each other all information in this regard and shall seek to reach agreement as
to the manner in which the structure, field or deposit will be most effectively exploited and the benefits
arising from such exploitation will be equitably shared.

Article 5

Any dispute between the Contracting Parties relating to the interpretation or implementation of
this Agreement shall be settled peacefully by consultation or negotiation.

Article 6

This Agreement shall enter into force on the date of the exchange of the instruments of ratification
or approval, as required by the constitutional procedures of each country.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed this Agreement.
DONE in duplicate at Bangkok on this 9th day of August, One Thousand Nine Hundred and
Ninety-Seven in the Thai, Vietnamese and English languages. In the event of any conflict between the
texts, the English text shall prevail.

224
225
D. North-East Pacific

El Salvador and Honduras


Case concerning the Land, Island and Maritime Frontier Dispute
(El Salvador v. Honduras: Nicaragua intervening)
International Court of Justice, Judgment1
11 September 1992
(excerpts)

THE CHAMBER,

1. By four votes to one,

Decides that the legal situation of the waters of the Gulf of Fonseca is as follows: the Gulf of Fonseca is an
historic bay the waters whereof, having previously to 1821 been under the single control of Spain, and from
1821 to 1839 of the Federal Republic of Central America, were thereafter succeeded to and held in
sovereignty by the Republic of El Salvador, the Republic of Honduras and the Republic of Nicaragua,
jointly, and continue to be so held, as defined in the present judgment, but excluding a belt, as at present
established, extending 3 miles (1 marine league) from the littoral of each of the three States, such belt being
under the exclusive sovereignty of the coastal State, and subject to the delimitation between Honduras and
Nicaragua effected in June l900, and to the existing rights of innocent passage through the 3-mile belt and
the waters held in sovereignty jointly; the waters at the central portion of the closing line of the Gulf, that is
to say, between a point on that line 3 miles (1 marine league) from Punta Amapala and a point on that line 3
miles (1 marine league) from Punta Cosigüina, are subject to the joint entitlement of all three States of the
Gulf unless and until a delimitation of the relevant maritime area be effected;

2. By four votes to one,


Decides that the Parties, by requesting the Chamber, in article 2, paragraph 2, of the Special Agreement of
24 May 1986, "to determine the legal situation of the... maritime spaces, have not conferred upon the
Chamber jurisdiction to effect any delimitation of those maritime spaces, whether within or outside the
Gulf;

3. By four votes to one,

Decides that the legal situation of the waters outside the Gulf is that, the Gulf of Fonseca being an historic
bay with three coastal States, the closing line of the Gulf constitutes the baseline of the territorial sea; the
territorial sea, continental shelf and exclusive economic zone of El Salvador and those of Nicaragua off the
coasts of those two States are also to be measured outwards from a section of the closing line extending 3
miles (1 marine league) along that line from Punta Amapala (in El Salvador) and 3 miles (1 marine league)
from Punta Cosigüina (in Nicaragua) respectively; but entitlement to territorial sea, continental shelf and
exclusive economic zone seaward of the central portion of the closing line appertains to the three States of

1
I.C.J. Reports 1992, p.5.

226
the Gulf, El Salvador, Honduras and Nicaragua; and that any delimitation of the relevant maritime areas is
to be effected by agreement on the basis of international law;

Done in English and in French, the English text being authoritative, at the Peace Palace, The Hague, this
eleventh day of September, one thousand nine hundred and ninety-two, in four copies, one of which will be
placed in the archives of the Court and the others transmitted to the Government of the Republic of El
Salvador, the Government of the Republic of Honduras and the Government of the Republic of Nicaragua,
respectively.

227
No map available – sketch from the judgement to be included

228
VI. Africa

A. East Africa

Seychelles and United Republic of Tanzania


Agreement between the Government of the United Republic of Tanzania and the
Government of the Republic of Seychelles on the delimitation of the maritime
boundary of the exclusive economic zone and continental shelf1
23 January 2002
The Government of the United Republic of Tanzania and the Government of the Republic of
Seychelles,
Desirous of strengthening the bonds of neighbourliness, friendship and solidarity between the two
States;
Mindful of the principles of international law and in particular the principles of sovereign equality
of States;
Mindful further of the aims and principles of the Constitutive Act of the African Union;
Recognizing the need to effect a precise and equitable delimitation of the respective maritime
areas in which the two States exercise sovereign rights;
Cognizant of the United Nations Convention on the Law of the Sea of 10 December 1982, which
entered into force on 16 November 1994;
Referring to negotiations which took place between the two States between June 1989 and January
2002;
Desiring to conclude an agreement for the purpose of delimiting the maritime boundary between
the two States,
Have agreed as follows:

Article 1
Maritime boundary

The delimitation line between the exclusive economic zone and the continental shelf of the United
Republic of Tanzania (Mafia Island) and the exclusive economic zone and the continental shelf of the
Republic of Seychelles (Aldabra Atoll-Picard Island) shall be based on equidistance considered, in this
particular case, as an equitable solution, in conformity with international law. This line has been
determined by using the baseline from which the territorial sea of each State is measured.

Article 2
Description of the maritime boundary

2.1 The delimitation line between the exclusive economic zone and the continental shelf of the United
Republic of Tanzania (Mafia Island) and the exclusive economic zone and the continental shelf of the
Republic of Seychelles (Aldabra Atoll-Picard Island) shall be formed by the geodesics joining the
geographical coordinates listed in paragraph 2.2 of this article.

1
Authentic text: English. Entered into force on 23 January 2002 by signature, in accordance with article VIII. United Nations Treaty
registration No. 38874, 4 October 2002.

229
2.2 The line referred to in paragraph 2.1 of this article is formed by a series of geodesics connecting in
the order stated in the points below, as defined by their geographical coordinates:
Latitudes Longitudes
a. 7º44' 39".1003 S 43º 16' 13".8933 E
1. 7º46' 26".6364 S 43º 15' 43".8788 E
2. 7º48' 14".1717 S 43º 15' 13".8601 E
3. 7º50' 01".7063 S 43º 14' 43".8372 E

4. 7º51' 49".2402 S 43º 14' 13".8099 E


5. 7º53' 36".7733 S 43º 13' 43".7784 E
6. 7º55' 24".3056 S 43º 13' 13".7426 E
7. 7º57' 11".8372 S 43º 12' 43".7024 E
8. 7º58' 59".3681 S 43º 12' 13".6578 E
9. 8º00' 46".8981 S 43º 11' 43".6089 E

Article 3
Methodology

3.1 The geographical coordinates referred to in paragraph 2.2 of article 2 are based on the World
Geodetic System 1984 (WGS84).
3.2 The line referred to in paragraph 2.1 of article 2 is drawn for illustrative purposes on the chart
annexed to this Agreement.

Article 4
Exclusive economic zone and continental shelf

The line referred to in paragraph 2.1 of article 2 shall be the maritime boundary between the areas
referred to in article 1 in which the States exercise, in accordance with international law, their respective
sovereign rights and jurisdiction.

Article 5
Cooperation

5.1 The two States shall cooperate with each other on the protection, exploitation of resources,
surveillance, monitoring and enforcement of laws in accordance with the provisions of the United Nations
Convention on the Law of the Sea.
5.2 The two States shall cooperate with each other whenever necessary in order to maintain the
existing points of reference, including other points of reference as may from time to time be established.

Article 6
Settlement of disputes

Any dispute arising between the two States, with respect to the interpretation or the application of
this Agreement shall be resolved by peaceful means, in accordance with international law.

230
Article 7
Amendment

An amendment to this Agreement shall be adopted by mutual agreement of the two States. A
proposal for amendment to this Agreement may be made by either State to the other in writing.

Article 8
Entry into force

This Agreement shall enter into force on the date of signature.


IN WITNESS WHEREOF, the representatives of the two Governments, being duly authorized for this
purpose, have signed this Agreement.
DONE in duplicate at Victoria, Mahe, Seychelles, on this 23rd day of January, the year two thousand and
two.
For and on behalf of the Government For and on behalf of the Government
of the United Republic of Tanzania: of the Republic of Seychelles:
Andrew J. Chenge (MP) Anthony T.F. Fernando
Attorney General Attorney General

231
232
B. West Africa

Cape Verde and Senegal


Treaty on the delimitation of the maritime frontier
between the Republic of Cape Verde and the Republic of Senegal1
17 February 1993
The Government of the Republic of Cape Verde, on the one hand, and
The Government of the Republic of Senegal, on the other hand,
Guided by the spirit of friendship and cooperation existing between their two peoples;
Desiring to develop and strengthen their neighbourly relations;
Desiring to establish, through negotiations, their common maritime frontier which separates the
exclusive economic zone and the continental shelf of the two countries;
Taking into account the United Nations Convention on the Law of the Sea of 1982.
Have agreed as follows:

Article 1

The two Parties shall establish, as their maritime frontier which separates the exclusive economic
zone and the continental shelf of the two countries, a median line all of whose points are equidistant from
the nearest points on the baselines of the two countries.
The median line mentioned above, for practical reasons of simplification, has been corrected
following the course and coordinates included in annex I.

Article 2

The baselines referred to in the preceding article are the archipelagic baselines of the Republic of
Cape Verde and the baselines of the Republic of Senegal from which the breadth of the territorial sea of
each Party is measured.
The baselines are drawn in conformity with the Convention on the Law of the Sea of 1982.

Article 3

The line defining the common maritime frontier between the two countries and its geographical
coordinates defined in conformity with article 1 is reproduced in annex I of this Treaty.
The two Parties have agreed to use, in their work, the American map entitled "Operational
Navigation Chart", scale 1/1,000,000, series ONC, K-O, prepared and published by the Defense Mapping
Agency Aerospace Center, St. Louis, Missouri, Edition Revue of September 1986. They have used this
map for drawing the line delimiting their common maritime frontier.
The map mentioned in the preceding paragraph has been anticipated by the signatories of this
Treaty and is contained in annex I. 2

1
Original: French and Portuguese. Entered into force on 25 March 1994. United Nations Treaty registration No. 30956, 20 May
1994.

2
Map not reproduced for technical reasons.

233
Article 4

The archipelagic lines of the Republic of Cape Verde and their geographical coordinates defined
in conformity with article 2 are reproduced in annex II of this Treaty.

Article 5

The baselines of the Republic of Senegal and their geographical coordinates, defined in
conformity with article 2, are reproduced in annex III of this Treaty.

Article 6

Any dispute regarding the interpretation or application of this Treaty shall be settled by
negotiations.
If, within a reasonable time, these negotiations are not successful, the two Parties may have
recourse to any other means of peaceful settlement mutually agreed upon, without prejudice to article 287
of the United Nations Convention on the Law of the Sea.

Article 7

The annexes to this Treaty form an integral part of it.

Article 8

This Treaty shall enter into force on the date of the reception, by the other Party, of the last
instrument of ratification.

Article 9

This Treaty is drawn up in two originals, in Portuguese and French, the two texts being equally
authentic.

ANNEX I
Line establishing the common maritime frontier
between the Republic of Cape Verde and the Republic of Senegal

Article 1

The line establishing the common maritime frontier which separates the exclusive economic zone
and the continental shelf of the two countries is defined by the following coordinates:

Points Longitude north Longitude west

A 13º 39’ 00" 20º 04’ 25"

B 14º 51’ 00" 20º 04’ 25"

C 14º 55’ 00" 20º 00’ 00"

D 15º 10’ 00" 19º 51’ 30"

E 15º 25’ 00" 19º 44’ 50"

F 15º 40’ 00" 19º 38’ 30"

234
G 15º 55’ 00" 19º 35’ 40"

H 16º 04’ 05” 19º 33’ 30"

Article 2

The geometric configuration of the maritime zone between the two countries and the projection of
the baseline of the maritime frontier mentioned above appear on the map included herewith.3

ANNEX II
Baselines of the Republic of Cape Verde

Article 1

The archipelagic baselines of the Republic of Cape Verde having served as reference points for the
delimitation of the maritime frontier between the two countries have been defined in conformity with the
following coordinates, which have been published in Law No. 60/IV/92 of 21 December 1992 of the
Republic of Cape Verde.

Points Longitude north Longitude west Observ.

O-Pta Casaca 16º 50’ 01.69" 22º 53’ 50.14" Sal

P-ILHEU Cascalho 16º 11’ 31.04" 22º 40’ 52.44" Boa Vista

P1-ILHEU Baluarte 16º 09’ 05.00" 22º 39’ 45.00" Boa Vista

Q-Pta Roque 16º 05’ 09.83" 22º 40’ 26.06" Boa Vista

R-Pta Flamengas 15º 10’ 03.89" 23º 05’ 47.90" Maio

S- 15º 09’ 02.21" 23º 06’ 24.98" Maio

Article 2

The baselines mentioned above appear on the annexed map. 4

ANNEX III
Baselines of the Republic of Senegal

Article 1

The baselines of the Republic of Senegal having served as reference points for the delimitation of
the common maritime frontier between the two countries have been defined in conformity with the
following coordinates, which have been published in Decree No. 90-670 of 18 June 1990 of the Republic of
Senegal:

3
The original map is not included for technical reasons.
4
The map is not included for technical reasons.

235
Straight baselines

1. From the end of the Langue de Barbarie (15º 52’ 42" N - 16º 31’ 36" W) to
point P1 (15º 48’ 05" N - 16º 31’ 32" W);

2. From point P2 (14º 45’ 49" N - 17º 27’ 42" W) to


the northern end of Ile de Yoff (14º 46’ 18" N – 17º 28’ 42" W);

3. From the northern end of Ile de Yoff (14º 46’ 18" N - 17º 28’ 42" W) to
the northern end of the Ile de Ngor (14º 45’ 30" N - 17º 30’ 56" W);

4. From the northern end of Ile de Ngor (14º 45’ 30" N - 17º 30’ 56" W) to
feu des Almadies (14º 44’ 36" N - 17º 32’ 36" W);

5. From feu des Almadies (14º 44’ 36" N - 17º 32’ 36" W) to
the south-western end of Ile des Madeleines (14º 39’ 10" N - 17º 28’ 25" W);

6. From the south-western end of Ile des Madeleines (14º 39’ 10" N - 17º 28’ 25" W) to
Cap-Manuel (14º 39’ 00” N - 17º 26’ 00" W);

7. From Cap-Manuel (14º 39’ 00" N - 17º 26’ 00" W) to


Point Sud Gorée (14º 39’ 48" N - 17º 23’ 54" W);

8. From Point Sud Gorée (14º 39’ 48" N - 17º 23’ 54" W) to
Rufisque lighthouse (14º 42’ 36" N - 17º 17’ 00" W);

9. From the western end of Sangomer (13º 50’ 00" N - 16º 45’ 40" W) to
the northern end of Ile des oiseaux (13º 39’ 42" N - 16º 40’ 20" W);

10. From the southern end of Ile des oiseaux (13º 38’ 15" N - 16º 38’ 45" W) to
Point Djinnak (13º 35’ 36" N - 16º 32’ 54" W);

Normal baselines

Everywhere else the breadth of the maritime areas under Senegalese jurisdiction shall be measured
from the line of low tide.

Article 2

The baselines mentioned above are drawn on the map appearing in annex I. 5

5
The map is not included for technical reasons.

236
237
Guinea-Bissau and Senegal
Management and Cooperation Agreement between the Government of the Republic
of Senegal and the Government of the Republic of Guinea-Bissau1
14 October 1993
The Government of the Republic of Guinea-Bissau, on the one hand, and
The Government of the Republic of Senegal, on the other hand,
Desiring to develop further the good-neighbourly relations and cooperation between their
countries, have agreed as follows:

Article l

The Parties hereto shall jointly exploit a maritime zone situated between the 268° and 220°
azimuths drawn from Cape Roxo.
The respective territorial seas of Guinea-Bissau and Senegal shall be excluded from this joint
exploitation zone. However, small-scale fishing from canoes shall be authorized within the zone and in
those parts of the territorial seas lying between 268° and 220°.

Article 2

Resources produced from the exploitation of this zone shall be shared in the following
proportions:
Fishery resources
50 per cent to Senegal;
50 per cent to Guinea-Bissau.
Resources of the continental shelf
85 per cent to Senegal;
15 per cent to Guinea-Bissau.
In the event of discovery of additional resources, these proportions shall be reviewed, having
regard to the magnitude of such discoveries.

Article 3

Expenditure previously incurred by the Parties out of State funds for oil prospecting in the area
shall be refunded to each Party in accordance with its percentage contribution, under such conditions and
subject to such terms as shall be determined before the entry into force of this Agreement.

Article 4

The Parties agree to establish an international agency for the exploitation of the zone.
The organization and operation of the said agency shall be the subject of a joint agreement to be
reached within not more than twelve months after the signing of the present instrument.

1
Entered into force on 21 December 1995.

238
Article 5

Upon its establishment, the Agency shall succeed Guinea-Bissau and Senegal with respect to the
rights and obligations arising out of the agreements concluded by each of the States Parties relating to
exploitation of the resources of the zone.

Article 6

By the present Agreement, the Parties shall pool the exercise of their respective rights, without
prejudice to legal titles previously acquired by each of them and confirmed by judicial decisions, and
without prejudice to claims previously formulated by them in respect of non-delimited areas.

Article 7

The present Agreement shall enter into force upon conclusion of the agreement concerning the
establishment and functioning of the International Agency and with the exchange of instruments of
ratification of both agreements by the States Parties.

Article 8

The present Agreement shall remain in force for a period of twenty years and shall be
automatically renewable.

Article 9

Disputes concerning the present Agreement or the International Agency shall be resolved initially
by direct negotiations and, should these fail, after a period of six months, arbitration or by the International
Court of Justice.
In the event of suspension of the present Agreement, or upon its expiry, the States Parties shall
have recourse to direct negotiation, arbitration or the International Court of Justice in respect of any
delimitations remaining unsettled.
DONE at Dakar on 14 October 1993.

239
240
Equatorial Guinea and Sao Tome and Principe
Treaty regarding the delimitation of the maritime boundary
between the Republic of Equatorial Guinea
and the Democratic Republic of Sao Tome and Principe1
26 June 1999
The Republic of Equatorial Guinea and the Democratic Republic of Sao Tome and Principe,
desiring to strengthen the ties of friendship and good relations that exist between the two States and
peoples;
Taking into account the United Nations Convention on the Law of the Sea of 10 December 1982
and the relevant principles of general international law;
Recognizing the need to determine exactly the delimitation of the maritime boundary between the
two States in an equitable manner using equidistance as the general criterion for delimitation;
The Parties decide to conclude this Treaty for that purpose,
And have appointed as their Plenipotentiaries:
For the Republic of Equatorial Guinea:
His Excellency Mr. Miguel Oyone Ndong Mifumu,
Deputy Prime Minister in charge of Foreign Affairs and International Cooperation;
For the Republic of Sao Tome and Principe:
His Excellency Mr. Alberto Paulino,
Minister for Foreign Affairs and Communities,
Who, having communicated to each other their full powers found to be in good and due form,
have agreed on the following:

Article 1

The purpose of this Treaty is to recognize the maritime boundary between the Republic of
Equatorial Guinea and the Democratic Republic of Sao Tome and Principe.

Article 2

The maritime boundary between the Republic of Equatorial Guinea and the Democratic Republic
of Sao Tome and Principe established by this Treaty shall be defined by the geodesic lines joining the
following coordinates:
(a) Between the Republic of Equatorial Guinea (Annobón Island) and the Democratic
Republic of Sao Tome and Principe (Sao Tome Island)
Point No. Latitude Longitude
1 1°29'04"S 7°16'30"E
2 0°47'15.8"S 6°11'30.7"E

1
Translated from Spanish.

241
3 0°12'54"S 5°19'23"E

4 0°41'45.3"N 3°37'03.2"E

5 0°54'59.5"N 3°12'32.95"E

(b) Between the Republic of Equatorial Guinea (Bioco Island - Rio Muni) and the
Democratic Republic of Sao Tome and Principe (islands of Sao Tome and Principe)
Point No. Latitude Longitude
1 0°37'25"N 8°11'42"E
2 1°00'15"N 8°18'10"E
3 1°11'32.65"N 8°21'38.75"E
4 1°17'48"N 8°22'48"E
5 1°24'14"N 8°24'08"E
6 1°38'45"N 8°27'58"E
7 1°49'10"N 8°30'15"E
8 1°54'45"N 8°31'15"E
9 2°04'01.6"N 8°33'00.5"E
10 2°12'48"N 8°21'57"E
11 2°25'32"N 8°02'40"E
12 2°31'35.3"N 7°53'20.4"E
13 2°38'34"N 7°42'13"E
14 2°50'00"N 7°25'52"E
15 3°02'31.75"N 7°07'17.45"E

Article 3

The geodesic points defined in article 2 shall be established in reference to the World Geodesic
System 1984.

Article 4

Neither State will claim or exercise sovereign rights or have jurisdiction over the waters, seabed
and subsoil or airspace on the side of the maritime boundary belonging to the other Party as established
under article 2 of this Treaty.

Article 5

This treaty shall enter into force provisionally upon signature and definitively on the date on
which the Parties have communicated to each other the instruments of ratification.

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DONE at Malabo on 26 June 1999 in two (2) original versions, each one in Spanish and
Portuguese, both texts having equal authority.
For the Republic of Equatorial Guinea:
[Signature]
For the Democratic Republic of Sao Tome and Principe:
[Signature]

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Equatorial Guinea and Nigeria
Treaty between the Federal Republic of Nigeria and the Republic of Equatorial
Guinea concerning their maritime boundary
23 September 2000
The Governments of the Federal Republic of Nigeria and the Republic of Equatorial Guinea,
Considering that they are moved by the desire to strengthen the strong and brotherly relations
between them as neighbouring countries and to preserve peace in their relations and on the African
continent,
Desiring to establish the boundary between their respective exclusive economic zones to the south
and west of Point (i) described in Article 2 below,
Intending subsequently to establish the further sector of the maritime boundary to the north and
east of the said Point (i),
The Two Presidents declare their will to conclude this Maritime Boundary Delimitation Treaty
which safeguards the sovereign rights and economic interests of each country in accordance with the
international law of the sea, and to that end
Have agreed as follows:

Article 1

The purpose of this Treaty is to establish the partial maritime boundary between the Federal
Republic of Nigeria and the Republic of Equatorial Guinea described in article 2, and provide for the
remainder of the maritime boundary in accordance with article 3.

Article 2

Southwards and westwards from point (i) identified below, the maritime boundary between the
Federal Republic of Nigeria and the Republic of Equatorial Guinea shall be constituted by successive
straight lines connecting the following points:
(i) Latitude 4° 01’ 37.0”N Longitude 8° 16’ 33.0”E
(ii) Latitude 3° 53’ 01.8”N Longitude 8° 04’ 10.7”E
(iii) Latitude 3° 51’ 54.8”N Longitude 8° 04’ 58.9”E
(iv) Latitude 3° 51’ 20.2”N Longitude 8° 04’ 04.0”E
(v) Latitude 3° 52’ 25.8”N Longitude 8° 03’ 18.5”E
(vi) Latitude 3° 42’ 37.0”N Longitude 7° 49’ 10.0”E
(vii) Latitude 3° 38’ 42.4”N Longitude 7° 49’ 10.3”E
(viii) Latitude 3° 26’ 46.5”N Longitude 7° 35’.40.7”E
(ix) Latitude 3° 15’12.0”N Longitude 7° 22’.35.8”E
(x) Latitude 2° 52’10.9”N Longitude 7° 22’.37.8”E

Article 3

Northwards and eastwards from point (i) identified in article 2 the maritime boundary shall be
established by the Contracting Parties, and recorded in a Protocol to this Treaty, following completion of
the maritime aspects of the case before the International Court of Justice between the Federal Republic of
Nigeria and the Republic of Cameroon, concerning the land and maritime frontier between them.

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Article 4

North and west of the maritime boundary established by this Treaty, the Republic of Equatorial
Guinea shall not claim or exercise sovereign rights or jurisdiction over the waters or seabed and subsoil.
South and east of the maritime boundary established by this Treaty, the Federal Republic of Nigeria shall
not claim or exercise sovereign rights or jurisdiction over the waters or seabed and subsoil.

Article 5

The geographic positions set forth in article 2 are referenced to the World Geodetic System 1984
(WGS-84). All lines referred to in article 2 are geodetic lines.

Article 6

1. Should the maritime boundary established by this Treaty run through any field of hydrocarbon
deposits so that part of the field lies on the Nigerian side of the boundary and part lies on the Equatorial
Guinea side, the Contracting Parties shall seek to reach appropriate unitization arrangements for each such
field.
2. In implementing paragraph 1 of this article within the area formed by straight lines connecting
points (ii), (iii), (iv) and (v) set forth in article 2, the Contracting Parties shall authorize the relevant
government entities in association with the relevant concession holders to establish appropriate unitization
and other arrangements to enable this area to be developed in a commercially feasible manner. Such
arrangements shall not be effective until the entry into force of this Treaty.

Article 7

1. This Treaty shall be subject to ratification.


2. This Treaty shall enter into force upon the exchange of the instruments of ratification.
3. Without prejudice to paragraph 2 of this article, and subject to review if no arrangements have
been agreed within a reasonable time in accordance with article 6(2), this Treaty shall be provisionally
applied as from today’s date.

Article 8

As soon as possible after this Treaty has entered into force, it shall be registered with the Secretary
General of the United Nations in accordance with Article 102 of the Charter of the United Nations.
Done at Malabo, the 23rd of September 2000, in two originals in each of the English and Spanish
languages, both language texts being equally authoritative.
H.E. Olusegun Obasanjo H.E. Obiang Nguema Mbasogo
President, Federal Republic Nigeria President, Republic of Equatorial Guinea

246
247
Nigeria and Sao Tome and Principe
Treaty between the Federal Republic of Nigeria
and the Democratic Republic of Sao Tome and Principe on the joint development of
petroleum and other resources, in respect of areas
of the exclusive economic zone of the two States1
21 February 2001
The Federal Republic of Nigeria and the Democratic Republic of Sao Tome and Principe:
Taking into account the United Nations Convention on the Law of the Sea, done at Montego Bay
on 10 December 1982 and, in particular, article 74(3) which requires States with opposite coasts, in a spirit
of understanding and cooperation, to make every effort, pending agreement on delimitation, to enter into
provisional arrangements of a practical nature which do not jeopardize or hamper the reaching of the final
agreement on the delimitation of their exclusive economic zones,
Fully committed to maintaining, renewing and further strengthening the mutual respect, friendship
and cooperation between their countries, as well as promoting constructive neighbourly cooperation,
Acknowledging the existence of an area of overlapping maritime claims as to the exclusive
economic zones living between their respective territories (the Area),
Determined to pursue their common economic and strategic interests,
Noting the possibility that petroleum and other resources may exist in the Area,
Desiring to enable the exploration for and exploitation of those resources without delay and in an
orderly fashion,
Mindful of the interests, which their countries share as immediate neighbours, and in a spirit of
cooperation, friendship and goodwill,
Convinced that this Treaty will contribute to the strengthening of the relations between their two
countries, and
Believing that the establishment of joint arrangements to permit the exploration for and
exploitation of petroleum and other resources in the Area will further augment the range of contact and
cooperation between the Governments of the two countries and benefit the development of contacts
between their people;
Having decided accordingly to constitute by the present Treaty a joint Development Zone for the
Area, without prejudice to the eventual delimitation of their respective maritime zones by agreement in
accordance with international law,
Reaffirming that the rules of international law will continue to govern questions not regulated by
the provisions of this Treaty,
Have agreed as follows:

PRELIMINARY

Article l
Definitions

For the purpose of this Treaty:

1
Received from the Permanent Mission of Sao Tome and Principe to the United Nations under cover of a note verbale, dated 23
August 2002. Text from: Diário da República, Suplemento No. 6, 9 Agosto 2001, Decreto Presidencial No.8-A/2001.

248
(1) "applicable law" means this Treaty, and the principles and rules of law applicable in the Zone by
virtue of this Treaty;
(2) "Authority" means the joint Authority established by Part Three of this Treaty;
(3) "Board" means the Board of the Authority, as referred to in article 10;
(4) "contract area" means a part of the Zone which is the subject of a development contract, but
excluding areas which have been relinquished by the contractor;
(5) "contractor" means a party to a development contract other than the Authority;
(6) "Council" means the Joint Ministerial Council established under Part Two of this Treaty;
(7) "development activity" means any economic activity in or concerning the Zone, including
petroleum activity, fishing activity, all other activities for the development or exploitation of other mineral
or living resources of the Zone, and all forms of exploration and research relating to any of the foregoing;
(8) "development contract" means any agreement (including leases, licences, production-sharing
contracts and concessions) from time to time entered into between the Authority and a contractor in relation
to a development activity;
(9) "exclusive maritime area" means any area of continental shelf or exclusive economic zone, outside
the Zone, which pertains to one or other of the States Parties under international law;
(10) "financial terms" includes all obligations in the nature of taxation (whether production or income
based) and any other financial obligations including royalties, payments in kind, production-sharing
arrangements and resource rentals;
(11) "fishing activity" means any activity concerning the harvesting and exploitation of the living
natural resources of the Zone;
(12) "installation" means any structure, device or artificial island utilized in development activities,
installed above, in, on or under the seabed, including drilling vessels in situ;
(13) "national" means a natural or juridical person having the nationality of a State Party in accordance
with the laws of that State Party;
(14) "national body" means a ministry or a governmental or quasi-governmental administrative or
technical organ of a State Party responsible for activities in or in the waters of that State Party;
(15) "operating agreement" means a contract concluded between two or more contractors for the
purpose of carrying out development activities in the Zone;
(16) "operator" means a contractor appointed and acting as operator under the terms of an operating
agreement;
(17) "petroleum" means:
(a) Any hydrocarbon or mixture of hydrocarbons, whether in a gaseous, liquid or solid state, naturally
occurring beneath the seabed; and
(b) Any petroleum as defined by subparagraph (a) that has been returned to a reservoir; and
(c) Any other minerals which are produced in association with them;
(18) "petroleum activities" means all activities of exploration for and exploitation of the petroleum in
the Zone;
(19) "petroleum contractor" means a contractor in respect of a petroleum development contract;
(20) "petroleum, development contract" means a development contract relating to petroleum:
(21) "pollution" means the introduction of substances or energy into the marine environment, including
estuaries, which results or is likely to result in deleterious effects such as harm to living resources and
marine life, hazards to human health, impairment of quality for use of seawater or reduction of amenity;

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(22) "Secretariat" means the secretariat of the Authority as referred to in article l4;
(23) "Special Regime Area" means the area more particularly defined in paragraph 1 of the appendix;
(24) "States Parties" means the Federal Republic of Nigeria and the Democratic Republic of Sao Tome
and Principe;
(25) "Zone" means, subject to article 5 and paragraph 5 of article 31, the area of seabed and subsoil,
together with the superjacent waters, established as a joint development zone under article 2;
(26) "Zone Plan" means the development plan or plans from time to time adopted by the Council,
pursuant to Part Seven of this Treaty, for activities in the Zone.

PART ONE
THE JOINT DEVELOPMENT ZONE

Article 2
Establishment of joint development zone

2.1 The Zone is hereby established as an area of joint development by the States Parties in accordance
with, and for the purposes set out in, this Treaty.
2.2 The area covered by the Zone shall be as follows:
(a) The area of the sea which is bounded by geodesic lines joining the following points using the
WGS 84 Datum in the order listed below; and
(b) The seabed, subsoil and the superjacent waters thereof:
Latitude Longitude
° ' " ° ' "
03 02 22 N 07 07 31 E
02 50 00 N 07 25 52 E
02 42 38 N 07 36 25 E
02 20 59 N 06 52 45 E
01 40 12 N 05 57 54 E
01 09 17 N 04 51 38 E
01 13 15 N 04 41 27 E
01 21 29 N 04 24 14 E
0l 31 39 N 04 06 55 E
01 42 50 N 03 50 23 E
01 55 18 N 03 34 33 E
01 58 53 N 03 53 40 E
02 02 59 N 04 15 11 E
02 05 10 N 04 24 56 E
02 10 44 N 04 47 58 E
02 15 53 N 05 06 03 E
02 19 30 N 05 17 11 E
02 22 49 N 05 26 57 E

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Latitude Longitude
° ' " ° ' "
02 26 21 N 05 36 20 E
02 30 08 N 05 45 22 E
02 33 37 N 05 52 58 E
02 36 38 N 05 59 00 E
02 45 18 N 06 15 57 E
02 50 1S N 06 26 41 E
02 51 29 N 06 29 27 E
02 52 23 N 06 31 46 E
02 54 46 N 06 38 07 E
03 00 24 N 06 56 58 E
03 01 19 N 07 01 07 E
03 01 27 N 07 01 46 E
03 01 44 N 07 03 07 E
03 02 22 N 07 07 31 E
2.3 The area covered by the Zone is depicted for illustrative purposes on the attached map . The
Authority may for its purposes more accurately depict the boundaries of the Zone on a chart or charts of
appropriate scale.

Article 3
Principles of joint development

3.1 Within the Zone, there shall be joint control by the States Parties of the exploration for and
exploitation of resources, aimed at achieving optimum commercial utilization. The States Parties shall
share, in the proportions Nigeria 60 per cent, Sao Tome and Principe 40 per cent, all benefits and
obligations arising from development activities carried out in the Zone in accordance with this Treaty.
3.2 No development activities shall be conducted or permitted in the Zone except in accordance with
this Treaty.
3.3 The rights and responsibilities of the States Parties to develop the Zone shall he exercised by the
Council and the Authority in accordance with this Treaty.
3.4 The petroleum and other resources of the Zone shall be exploited efficiently in accordance with
this Treaty, having due regard to the protection of the marine environment, and in a manner consistent with
generally accepted good oilfield and fisheries practice.
3.5 Subject to paragraph 4, the Council and the Authority shall take all necessary steps to enable the
commencement of exploration for and exploitation of the petroleum resources of the Zone as soon as
possible after the entry into force of this Treaty.

Article 4
No renunciation of claims to the Zone

4.1 Nothing contained in this Treaty shall be interpreted as a renunciation of any right or claim
relating to the whole or any part of the Zone by either State Party or as recognition of the other State Party's
position with regard to any right or claim to the Zone or any part thereof.

251
4.2 No act or activities taking place as a consequence of this Treaty or its operation, and no law
operating in the Zone by virtue of this Treaty, may be relied on as a basis for asserting, supporting or
denying the position of either State Party with regard to rights or claims over the Zone or any part thereof.

Article 5
Special Regime Area

5.1 The provisions of this Treaty (except this article, articles 1, 2, 4, 50, 51, paragraphs 2 and 3 of
article 52 and the appendix) shall not apply to the Special Regime Area, and references therein to the Zone
shall be read and construed accordingly.
5.2 The Special Regime Area shall for the duration of this Treaty be administered in accordance with
the provisions of the appendix.

PART TWO
THE JOINT MINISTERIAL COUNCIL

Article 6
Composition of the Council

6.1 A Joint Ministerial Council for the Zone is hereby established.


6.2 The Council shall comprise not less than two nor more than four Ministers or persons of
equivalent rank appointed by the respective Heads of State of each State Party.
6.3 The Council does not have separate legal personality.
6.4 Any member of the Council may by written notice to the Secretariat nominate a representative to
participate on his or her behalf at one or more meetings of the Council. Subject to the specific terms of the
nomination, every such representative shall be entitled, in the absence of the designating member, to
exercise any power or function of that member as a member of the Council, including counting, towards a
quorum.
6.5 The Executive Director, acting as Secretary of the Authority, shall also act as Secretary of the
Council.

Article 7
Meetings and decisions of the Council

7.1 The quorum for a valid meeting of the Council shall he at least half the members, including at
least one appointed by each of the States Parties.
7.2 The Council shall meet at least twice a year and as often as may be required, alternately in Nigeria
and in Sao Tome and Principe. The first meeting shall be held not later than 60 days after the entry into
force of this Treaty.
7.3 Meetings shall be chaired by a member nominated by the host State Party.
7.4 All decisions of the Council shall be adopted by consensus.
7.5 The Council may establish its own procedures, including procedures for taking decisions out of
session.
7.6 No decision of the Council shall be valid unless it is recorded in writing and signed by at least one
member from each State Party.

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Article 8
Functions and powers of the Council

8.1 The Council shall have overall responsibility for all matters relating to the exploration for and
exploitation of the resources in the Zone, and such other functions as the States Parties may entrust to it.
8.2 The functions of the Council shall include the following:
(a) To give directions to the Authority on the discharge of its functions under this Treaty;
(b) To approve rules, regulations (including staff regulations) and procedures for the effective
functioning of the Authority;
(c) To consider and approve the audited accounts and audit reports of the Authority;
(d) To consider and approve the annual report of the Authority;
(e) To review the operation of this Treaty and to make recommendations to the States Parties on any matter
concerning the functioning or amendment of this Treaty as may be appropriate;
(f) To approve development contracts which the Authority may propose to enter into with any
contractor;
(g) To approve the termination of development contracts entered into between the Authority and
contractors;
(h) Subject to the provisions of paragraph 2 of article 18, to approve the distribution to the States
Parties of revenues or products derived from development contracts in the Zone;
(i) To consider and approve the annual budget of the Authority;
(j) To approve the opening of bank accounts by the Authority;
(k) To vary any time limit imposed upon the Authority under the terms of this Treaty;
(l) Through consultation, to settle disputes in the Authority;
(m) To appoint the external auditors for the Authority and approve their remuneration.
8.3 Each of the States Parties shall have full access on request to all papers of the Council and the
Authority.
8.4 The Council, its members and its Secretary shall be entitled to use the services of the Secretariat of
the Authority as necessary for the discharge of their functions under this Treaty.

PART THREE
THE JOINT AUTHORITY

Article 9
Establishment, functions and powers

9.1 The Authority is hereby established.


9.2 The Authority shall have juridical personality in international law and under the law of each of the
States Parties and such legal capacities under the law of both States Parties as are necessary for the exercise
of its powers and the performance of its functions. In particular, the Authority shall have the capacity to
contract, to acquire and dispose of movable and immovable property and to institute and be party to legal
proceedings.
9.3 The Authority shall be responsible to the Council.
9.4 Unless and until the Council otherwise decides, the seat of the Authority shall be at Abuja,
Nigeria, with a subsidiary office in Sao Tome, Sao Tome and Principe.
9.5 The Authority shall commence functioning on entry into force of this Treaty.

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9.6 The Authority, subject to directions from the Council, shall be responsible for the management of
activities relating to exploration for and exploitation of the resources in the Zone, in accordance with this
Treaty.
In particular, the Authority shall have the following functions:
(a) The division of the Zone into contract areas, and the negotiation, tendering for and issue and
supervision of contracts with respect to such areas;
(b) Entering into development contracts with contractors, subject to the approval of the Council;
(c) Oversight and control of the activities of contractors;
(d) Recommending to the Council the termination of development contracts;
(e) Terminating development contracts, subject to the approval of the Council;
(f) Subject to paragraph 2 of article 18, collecting and, with the approval of the Council, distributing
between the two States Parties the proceeds or products of the Authority's share of production from
development contracts;
(g) Preparation of budgets of the Authority for submission to the Council. Expenditure shall be
incurred in accordance with budgets or estimates approved by the Council or otherwise in accordance with
regulations and procedures approved by the Council;
(h) Controlling the movements into, within and out of the Zone of vessels, aircraft, structures,
equipment and people;
(i) The establishment of safety zones and restricted zones, consistent with international law, to ensure
the safety of navigation, petroleum activities, fishing activities and other development activities and the
effective management of the Zone;
(j) Issuing regulations and giving directions on all matters related to the supervision and control of
operations, including on health, safety and environmental issues;
(k) The regulation of marine scientific research;
(l) Preparation of annual reports for submission to the Council;
(m) Inspecting and auditing contractors' books and accounts relating to development contracts, for any
calendar year;
(n) Making recommendations to the States Parties on any issues arising as to the applicable law, and
on any changes to that law which may be necessary to promote the development of the resources of the
Zone;
(o) The preservation of the marine environment, having regard to the relevant rules of international
law applicable to the Zone;
(p) The collection and exchange of scientific, technical and other data concerning the Zone and its
resources;
(q) The appointment and dismissal of technical and other staff of the Authority other than Executive
Directors;
(r) Requesting action by the appropriate authorities of the States Parties consistent with this Treaty, in
respect of the following matters:
(i) Search and rescue operations in the Zone;
(ii) Deterrence or suppression of terrorist or other threats to vessels and structures engaged in
development activities in the Zone; and
(iii) The prevention or remedying of pollution;
(s) Consideration of matters from time to time specifically referred to it by the Council or by either
State Party; and

254
(t) Such other functions as may be conferred upon it by the Council.
9.7 The working language of the Authority shall be English.

Article 10
The Board

10.1 Subject to this Treaty and to any direction of the Council, the Authority shall be governed by a
Board consisting of four Executive Directors. Two (and their replacements from time to time) shall be
appointed by the Head of State of Nigeria from among Nigerian nationals of suitable qualifications and
experience, and two (and their replacements from time to time) shall be appointed by the Head of State of
São Tome and Principe from among nationals of Sao Tome and Principe of suitable qualifications and
experience. All such appointments shall be effected by notice in writing served upon the Head of the other
State Party. Executive Directors shall hold office for such period as the appointing Head of State shall
determine, normally for a period of six years once renewable or until a replacement is appointed.
10.2 Executive Directors may from time to time be assigned by the Council, on a three-year basis, to
head various departments of the Authority, including, to act as Secretary of the Authority and Head of the
Secretariat.
10.3 The Board shall meet on the request of the Council, either State Party or any Executive Director,
or otherwise, as often as necessary for the discharge of its functions.
10.4 The quorum for a valid meeting of the Board shall be at least two Executive Directors, including at
least one appointed by each State Party.
10.5 Decisions of the Executive Directors of the Authority shall be arrived at by consensus. Where
consensus cannot be reached, the matter shall be referred to the Council.
10.6 Unless the Board otherwise decides, it shall meet at the seat of the Authority.
10.7 No decision of the Board shall be valid unless recorded in writing and signed by two Executive
Directors, including at least one appointed by each State Party.
10.8 The personnel of the Authority shall be appointed by the Board under terms and conditions,
approved by the Council, that have regard to the proper functioning of the Authority.
10.9 Unless the Council otherwise decides, it shall appoint one of the Executive Directors to act as
Chairman of the Authority and of the Board, such appointments to be for a one-year period.
10.10 Subject to this Treaty and to any direction of the Council, the Board may determine its own
procedures.

Article 11
Accountability

11.1 The Authority shall in all respects be responsible and accountable to the Council and shall comply
with all directions from time to time given to it by the Council.
11.2 The Secretariat and all other administrative agencies or organs and technical or other committees
of the Authority shall in all respects be responsible and accountable to the Board.
11.3 The Authority shall produce an annual report on its activities and on the progress made in the
Zone, in accordance with any directions of the Council, and shall submit it to the Council for approval.

Article 12
Privileges and immunities

12.1 The Authority shall be immune from all forms of taxation in respect of its activities under this
Treaty.

255
This is without prejudice to the application of non-discriminatory fees or charges for services in
respect of activities of the Authority on the territory of a State Party to the extent that a national authority of
that State Party would be subject to corresponding fees or charges in respect of equivalent activities.
12.2 The Authority shall be immune from the jurisdiction of any court or tribunal of a State Party
except as concerns:
(a) Commercial transactions entered into on the territory of the State Party in question, to the extent
that such transactions are not subject to dispute resolution under article 47;
(b) Non-discretionary decisions which would be reviewable if they were made in equivalent
circumstances by a national authority on the territory of the State party in question.
12.3 The Executive Directors, officers and other personnel of the Authority who are nationals of one or
other State Party shall be subject to taxation in respect of any remuneration for services performed under
this Treaty only by the State Party of their nationality, irrespective of where the services in question are
performed.
12.4 A person who is a national of both States Parties shall be required to elect which of the two
nationalities is to be treated as effective for the purposes of this Treaty.

Article 13
Supply of service

13.1 Subject to this Treaty and in accordance with the principles set out in article 3, for the
accomplishment of its functions, the Authority may use technical structures and other services already
existing in the States Parties. Different services may be requested from different entities.
13.2 The entities to which such delegation is made shall be accountable to the Authority.
13.3 The immunities of the Authority under paragraphs 1 and 2 of article 12 shall apply to the activities
of any entity exercising delegated functions under the present article.
13.4 A delegation under paragraph 1 of this article remains in force in accordance with its terms until it
is revoked by the Board.
13.5 Any entity to which functions are delegated under paragraph 1 shall accept the secondment to its
staff, at appropriate levels of seniority, of nominees of any State Party not already involved in the entity, for
the purposes of training and exchange of information and expertise, and shall involve those persons to the
fullest extent in the exercise of the delegated functions.
13.6 The number and placement of the persons referred to in paragraph 5 are subject to agreement
between the States Parties, having regard to the extent of the functions to be performed and the needs for
personnel development and training of the State Party not already involved in the entity.
13.7 Costs and other expenses, including personnel costs and expenses, incurred in the exercise of
delegated functions, are reimbursable, subject to the terms and conditions agreed upon with the Authority.
13.8 The staff of or retained by the Authority (including the Secretariat) shall be selected on a basis
which ensures that the maximum percentage of such staff who are nationals or residents of São Tome and
Principe does not exceed 40 per cent.

PART FOUR
ADMINISTRATIVE SERVICES

Article 14
Secretariat and other services

14.1 The Authority shall establish a Secretariat, headed by one of the Executive Directors as Secretary
on a three-year rotating basis, to carry out the administrative work of the Council and the Authority.

256
14.2 All appointments to the Secretariat shall be made, by the Board, within the limits and subject to
any procedures laid down by the Council.
14.3 The officers and staff of the Secretariat shall be recruited on such terms as the Authority approves.
Senior appointments shall be subject to approval by the Council. Such officers and staff may, but
need not, be selected from among the officials or employees, or former officials or employees, of the
Government of either State Party.

PART FIVE
DUTIES OF PERSONNEL

Article 15
Impartiality and conflicts of interest

15.1 Members of the Board, officers and other staff of the Authority in their capacities as such shall
have regard to the interests of the Authority alone, and shall act with impartiality and without favouring
either of the States Parties at the expense of the other. This principle shall apply equally to a national body
or other entity and its personnel in respect of the exercise by it of delegated functions under article 13.
15.2 Unless otherwise expressly approved by the Council, no Executive Director, officer or other staff
member of the Authority may have any direct or indirect financial interest in development activities in the
Zone.
15.3 Executive Directors, officers and other staff members of the Authority shall, before assuming their
functions, make a written declaration under oath, in a form approved by the Council, detailing any direct or
indirect interest which might reasonably be considered to amount to a financial interest as referred to in
paragraph 2.

Article 16
Confidentiality

16.1 Members of the Board, officers and other staff of the Authority, as well as each State Party, shall
treat the contents of all confidential papers and information produced or received for the purposes of or
pursuant to this Treaty as confidential, and shall not further disclose or publish any such document or
information without the authority of both States Parties or, as the case may be, of the other State Party.
16.2 No Executive Director or officer or other staff member of the Authority shall disclose, during or
after the termination of their functions, any industrial secret or proprietary data which comes to the
knowledge or into the possession of the Authority, or any other confidential information coming to his or
her knowledge by reason of his or her holding a position in the Authority.
16.3 This article does not derogate from any other obligation upon a person, or any remedy available to
the Authority or to a State Party, in respect of any actual or potential breach of confidentiality.

PART SIX
FINANCE

Article 17
Budgets, accounts and audit

17.1 The Authority shall be financed from revenues collected as a result of its activities. The States
Parties shall advance such funds as they jointly determine to be necessary to enable the Authority to
commence its operations.
17.2 All funds paid or payable to the Authority shall be held by the Authority in such accounts, as it
shall establish, in accordance with subparagraph 2 (j) of article 8.

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17.3 The Authority shall prepare and maintain full, proper and up-to-date accounts, balance sheets,
budgets and cash-flow projections, in accordance with good international accountancy practice and with
any directions of the Council.
17.4 All costs and expenses from time to time incurred by the Council, the Authority and their
respective members and other personnel shall be paid by the Authority.
17.5All such costs and expenses shall be subject to a budgetary and accounting system to be established by
the Authority and approved by the Council within five months of the entry into force of this Treaty.
17.6 All budgets, costs and expenses, and in addition all other receipts and payments by the Authority,
and all accounts of the Authority, shall be audited annually by external auditors approved by the Council.
17.7 Any shortfall in the approved budget for any accounting period shall be borne by the States Parties
in the proportions Nigeria 60 per cent, Sao Tome and Principe 40 per cent. Unless the Council otherwise
decides, budgetary contributions under this paragraph shall constitute interest-free loans to the Authority,
repayable as first charges on the surplus of the Authority in any subsequent accounting period.
17.8 The Authority shall comply with the budgetary procedures in force and shall make efficient use of
its available resources.

Article 18
Application of surpluses

18.1 The Authority may with the approval of the Council establish such reserve funds as it considers
prudent.
18.2 All surpluses of revenue over expenditure shall, after the establishment of such reserve funds, be
promptly paid, without deduction or withholding, to the national treasuries of the States Parties in the
proportions Nigeria 60 per cent, Sao Tome and Principe 40 per cent, as shall any sum held in a reserve fund
which is no longer required.

PART SEVEN
THE ZONE PLAN

Article l9
Preparation and approval of the Zone Plan

19.1 As soon as practicable following the entry into force of this Treaty, the Authority shall meet in
order to prepare an initial Zone Plan in accordance with the principles set out in article 3, so as to establish
ways in which the resources of the Zone may be developed in an efficient, economical and expeditious
manner.
19.2 For the purposes of paragraph l, the States Parties have provided each other with all material
information available to them in respect of economic activity, actual or prospective, within the Zone.
19.3 The Zone Plan is subject to the approval of the Council, which may approve it with or without
amendment or refer it back to the Authority with recommendations for further work or instructions for
change.
19.4 The Zone Plan as approved by the Council shall be published in an appropriate manner by the
Authority and the States Parties.
19.5 Matters which are not included in the Zone Plan shall be governed by this Treaty or, in the
absence of any provision in this Treaty, by decisions of the Council or supplemental agreement between the
States Parties.

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Article 20
Periodic review of the Zone Plan

20.1 Unless otherwise directed by the Council, the Authority shall review and revise the Zone Plan at
least every three years and submit any proposed revisions to the Council for adoption.
20.2 Pending adoption of any revised Zone Plan, the previously approved Zone Plan shall remain in
force.
20.3 Paragraphs 3 to 5 of article 19 apply to any proposed or approved revision of the Zone Plan.

PART EIGHT
REGIME FOR PETROLEUM IN THE ZONE

Article 21
Regulatory and tax regime for petroleum activities

21.1 As soon as practicable following the entry into force of this Treaty and in any event within a three-
month period, the Authority shall prepare for the approval of the Council a regulatory and tax regime
consistent with this Treaty, which shall be the applicable law relating to the exploration for and exploitation
of petroleum in the Zone.
21.2 Within six months of the entry into force of this Treaty, the draft regulatory and tax regime shall
be adopted by the Council with such modifications as the Council considers appropriate. By virtue of such
adoption the regime shall (subject to article 5) become legally applicable to petroleum activity throughout
the Zone, and shall be enforced accordingly by the Authority.
21.3 Upon its adoption, the regulatory and tax regime shall be promptly published by the Authority.
21.4 The Council may at any time adopt such modifications as it thinks fit to the regulatory and tax
regime so established, and any such modification shall immediately become legally applicable in the Zone
and enforced by the Authority.
21.5 The Authority shall promptly publish every such modification to the regulatory and tax regime.

Article 22
Customs and duty exemptions

22.1 Petroleum equipment shall not be subject to any customs duties or other taxes and duties in respect
of its import into, use in or export from the Zone unless and to the extent the Council otherwise decides.
Nothing in this article shall affect a State Party's rights in respect of export or import, following the
completion of its use in the Zone of petroleum equipment having the territory of that State Party as its
country of, respectively, origin or destination.
22.2 For the purposes of this article, "petroleum equipment" includes installations, plant and equipment
(including drilling rigs) and any materials and other goods necessary for the conduct of petroleum activities
in the Zone.
22.3 The shipment of petroleum extracted from the Zone to areas within the jurisdiction of the States
Parties shall be free of all taxes and duties other than those provided for in the financial terms of the
relevant development contract.

Article 23
General regime for petroleum development contracts

23.1 No petroleum activities may be undertaken in the Zone other than pursuant to a petroleum
development contract between the Authority and one or more contractors.

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23.2 Unless the Council otherwise decides, and in accordance with procedures laid down by the
Council for tendering, the principle of holding licensing rounds must be followed prior to the signature of
any petroleum development contract.

Article 24
Financial regime for petroleum development contracts

24.1 The financial (including fiscal) obligations of contractors to the Authority in respect of petroleum
activities in the Zone shall be exclusively determined by the financial terms of petroleum development
contracts approved under this article.
24.2 In addition to the financial terms imposed by the regulatory and tax regime established pursuant to
article 21, the Authority may impose such other terms, not inconsistent with the foregoing, as it may
formulate, having regard to the requirement to balance the following needs:
(a) To obtain optimum revenues for the Authority and through the Authority the States Parties, from
commercial exploitation of the resources;
(b) To encourage commercial exploitation and provide incentives for investment;
(c) To ensure clarity and certainty of operation;
(d) To ensure as far as possible that contractors' tax payments under the financial terms qualify for
double taxation relief, including in third States;
(e) To ensure optimum utilization of any fields wholly or partly within the Zone over the life of those
fields.
24.3 The States Parties shall take all appropriate measures within their national legal systems to ensure
that the financial terms are enforced.
24.4 Neither State Party shall tax development activities in the Zone or the proceeds deriving therefrom
except in accordance with this article. This does not affect the States Parties' rights to tax any profits arising
from the processing or further treatment of petroleum beyond the initial treatment necessary to effect its
sale as a raw material.

Article 25
Rights and duties of contractors

25.1 A contractor shall have exclusive rights to carry out the activities authorized under its respective
petroleum development contract for the duration of the latter, subject to compliance with its terms and the
applicable law.
25.2 A contractor may dispose of any petroleum to which it is entitled under the relevant development
contract, subject only to any non-discriminatory restrictions the Authority may impose on landing, identity
of the purchaser and verification of the volumes concerned.

Article 26
Effect of cancellation or suspension of petroleum development contractors on co-contractors

26.1 If following a contractor's default the Authority cancels a petroleum development contract held
jointly by more than one contractor, the Authority shall offer a new contract for that area to any
contractor(s) not in default, as far as possible on similar terms to those of the previous contract.
26.2 The offer may be subject to:
(a) A requirement that the offeree(s) remedy any consequences of the default;
(b) The acceptance by the offeree(s) of a suitable replacement contractor identified by or acceptable to
the Authority.

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26.3 This article is without prejudice to any obligations to which the other contractor(s) may be liable
under the original petroleum development contract.

Article 27
Assignment of contractor's rights

A contractor's rights and obligations under a petroleum development contract shall not be
transferred without the consent of the Authority. The. Authority shall not unreasonably withhold its consent
where the proposed transferee is financially and technically qualified and otherwise meets any requirements
maintained by the Authority.

Article 28
Operations by petroleum contractors in the territory of the States Parties outside the Zone

Within the territory of either State Party, petroleum contractors may acquire, construct, maintain,
use and dispose of buildings, platforms, tanks, pipelines, terminals and other facilities necessary for
petroleum activities in the Zone in accordance with the laws and regulations of the State Party concerned.

Article 29
Access to operations

29.1 In accordance with the principles of joint development set out in article 3, each State Party is
entitled to:
(a) The benefit of non-discriminatory consideration of its nationals' applications for petroleum
development contracts;
(b) Monitor, and be kept regularly informed as to the progress of, petroleum development activities in
the Zone;
(c) Obtain access to geological data, subject to obligations of confidentiality under article 16 or
otherwise;
(d) Independently meter, monitor or inspect any petroleum activities (including the right of access to
installations in order to carry out such metering, monitoring or inspection).
29.2 The Authority and/or the States Parties shall adopt procedures in respect of metering production
designed to ensure agreement on the quantities of petroleum uplifted.

Article 30
Inspection rights

30.1 The Authority, acting either itself or through a national body or third party, shall have
responsibility for the inspection of petroleum activities, related installations and pipelines, and for the
supervision of operations carried out on such pipelines and installations situated in the Zone.
30.2 The Authority shall decide upon the certification procedures to be followed by the inspectors
carrying out the activities referred to in paragraph 1.
30.3 Where, in the opinion of a State Party, it appears to it, following an inspection, that applicable
laws are not being observed in the Zone, that State Party may by written notice request the Authority to
remedy the situation.
30.4 If the Authority fails or refuses to take action at such request by one of the States Parties, that
State Party may refer the matter to the Council.
30.5 Unless otherwise directed, the inspectors referred to in paragraph 1 may order the immediate
cessation of any or all petroleum operations in the Zone if such a course appears necessary or expedient:
(a) For the purpose of avoiding an accident involving loss of life or danger to life;

261
(b) For the purpose of avoiding actual or threatened damage;
(c) To protect the coastline or other maritime interests of either State Party, including fishing
interests, against actual or potential pollution;
(d) Due to force majeure distress or an emergency which may give rise to reasonable fears of major
harmful consequences; or
(e) To minimize the consequences of such a casualty or other accident.
30.6 The content of and justification for any such order must be reported immediately to the Board.
30.7 The Board shall thereafter meet promptly to consider the actions necessary for the safe and speedy
resumption of operations.

Article 31
Petroleum unitization

31.1 If any single geological petroleum structure or petroleum field exists, verified by drilling to extend
across the dividing line between the Zone and an exclusive maritime area of one of the States Parties, and
part of such structure or field which is situated on one side of the dividing line is exploitable, wholly or in
part, from the other side of the said dividing line, either of the States Parties may give notice thereof to the
other, whereupon the States Parties shall endeavour to reach agreement upon a fair and reasonable basis for
the unitization of such structure or field, having regard to the principles set out in article 3 and the
respective proportion of the petroleum located on each side of the dividing line. If such agreement is not
reached within nine months following the giving of such notice, a fair and reasonable apportionment shall
be made, having regard as aforesaid, of the petroleum to be taken from the structure or field. Such
apportionment shall be with retrospective effect back to the start of production provided that the State Party
which has given notice did so with reasonable promptitude after the verification by drilling.
31.2 If any single geological petroleum structure or petroleum field exists, verified by drilling to extend
across the dividing line between any contract areas within the Zone, and the part of such structure or field
which is situated on one side of the dividing line is exploitable, wholly or in part, from the other side of the
said dividing line, the Council shall seek to reach agreement as to the manner in which the structure or field
can most effectively he exploited and the manner in which the fiscal returns should be apportioned, having
regard to the principles set out in article 3 and to the respective proportion of the resource located on each
side of the dividing line.
31.3 If any single geological petroleum structure or petroleum field exists, verified by drilling to extend
across the dividing line between the Zone and an exclusive maritime area of a third State, and the part of
such structure or field which is situated on one side of the dividing line is exploitable, wholly or in part,
from the other side of the said dividing line, then the Authority shall consider whether to seek to reach
agreement with the third State as to the manner in which the structure or field can most effectively be
exploited and the manner in which the fiscal returns shall be apportioned, having regard to the respective
proportions of the resource located on each side of the dividing line and, so far as concerns the rights of the
States Parties, to the principles set out in article 3. No such agreement with a third State shal1 be reached
without the approval of the Council.
31.4 The Authority shall take any necessary steps, in consultation with any contractors, to give effect to
any agreement reached under paragraphs 1, 2 and 3.
31.5 For the purposes of this article 31, the Special Regime Area shall be treated as if it were outside
the Zone and exclusively within the exclusive maritime area of Nigeria.

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PART NINE
OTHER RESOURCES OF THE ZONE

Article 32
Provision in the Zone Plan for non-petroleum resources

The Zone Plan may make provision for non-petroleum development activities within the Zone, to
such extent as the Authority considers appropriate or the Council may direct.

Article 33
Development of regulatory and tax regime

As and when required by the Zone Plan or otherwise considered appropriate by the Council, the
Authority shall prepare and submit to the Council proposals for regulatory and tax regimes applicable to
non-petroleum development activities within the Zone.

Article 34
Arrangements in the absence of a regulatory and tax regime for non-petroleum development
activities

34.1 In the absence of any special regime proposed under article 33 and approved by the
Council, the States Parties shall apply the provisions of their own laws relating to the exclusive economic
zone to the activity of their own nationals in the Zone, but shall refrain from applying those laws to the
conduct of persons who are nationals of the other State Party.
34.2 Each State Party may accept, in accordance with its own laws, applications by non-
nationals to engage in non-petroleum development activity in the Zone, but shall forthwith inform the other
State Party of each such application. In the absence of a reasonable objection from that State Party within
one month, the State Party applied to may consider the application on its merits and decide upon it.
34.3 If the State Party applied to consider that, notwithstanding an objection under paragraph 2, the
application ought nonetheless to be approved, it shall refer the application to the Council for a decision.
34.4 In dealing with applications under this article, States Parties and the Council shall take into
account:
(a) The principles set out in article 3;
(b) Their respective obligations under the United Nations Convention on the Law of the Sea and under any
Convention in force related thereto;
(c) In the case of living marine resources, any determination by the Council of the allowable catch within
the Zone for the period in question.
34.5 A person to whom permission to engage in a non-petroleum development activity in the Zone is
given under this article may carry out that activity, subject to the laws of the authorizing State Party and to
its exclusive administration.

Article 35
Information and monitoring

35.1 Each State Party shall, through the Authority, periodically inform the other of the outcome of
applications made, whether by nationals or non-nationals, in respect of non-petroleum development activity
in the Zone.
35.2 The Authority may request further information as to the consequences of development activities
carried out pursuant to this Part. The States Parties shall comply with all reasonable requests in this regard.

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PART TEN
MISCELLANEOUS

Article 36
Employment and training

36.1 The Authority may issue guidelines in respect of the employment and training policies to be
followed by contractors in the Zone for the purposes of:
(a) Enhancing the employment opportunities of nationals of the States Parties consistent with the safe
and efficient conduct of petroleum and other development activities;
(b) Assisting to the extent practicable the equitable division of employment and training benefits
between the States Parties.
36.2 The terms of development contracts shall comply with such guidelines.
36.3 The States Parties shall cooperate in the administration of their immigration and employment laws
so as to facilitate the issue of visas and work permits for the purposes of development contracts in relation
to the Zone.

Article 37
Health and safety

37.1 The Authority shall take ail reasonable steps to secure the health and safety of personnel engaged
in development activities and the safety of the installations and pipelines in the Zone, and shall promptly
propose to the Council, for adoption as part of the applicable law, laws, regulations and guidelines for
health and safety in relation to offshore development activity.
37.2 The States Parties shall, on the recommendation of the Authority, adopt administrative procedures
for the exchange of information concerning the matters referred to in paragraph 1.

Article 38
Prevention of pollution and protection of the marine environment

38.1 The Authority shall take all reasonable steps to ensure that development activities in the Zone do
not cause or create any appreciable risk of causing pollution or other harm to the marine environment.
38.2 In accordance with paragraph 1, the States Parties, on the recommendation of the Authority, shall
agree necessary measures and procedures to prevent and remedy pollution of the marine environment
resulting from development activities in the Zone.
38.3 In order to facilitate the effective monitoring of the environmental impact of petroleum activities
in the Zone, both States Parties shall regularly provide the Authority with such relevant information as they
obtain from contractors or inspectors concerning levels of petroleum discharge and contamination. In
particular the States Parties shall immediately inform the Authority of the occurrence of the following
events:
(a) Any petroleum spillage or event likely to cause pollution and requiring remedial measures beyond
the capacity of the operator;
(b) Discharge into the sea of large quantities of petroleum from an installation or pipeline;
(c) Collisions at sea involving damage to an installation or pipeline;
(d) Evacuation of personnel from an installation due to force majeure, distress or other emergency.
The notification shall include any measures taken or proposed with respect to such events.
38.4 Nothing in this Treaty shall prejudice the taking or enforcement by each State Party or by the
States Parties jointly of measures in the Zone proportionate to the actual or threatened damage to protect

264
their coastline or exclusive maritime areas from pollution or threat of pollution which may reasonably be
expected to result in major harmful consequences.

Article 39
Applicable private law

In accordance with article 3, the Authority shall propose to the Council for immediate adoption as
part of the applicable law, to the extent that the private law of the Zone is not determined by or pursuant to
other parts of this Treaty, the private law of one of the States Parties.

Article 40
Criminal law and jurisdiction

40.1 Subject to paragraph 3 of this article, a national or permanent resident of a State Party shall be
subject to the criminal law of that State Party in respect of acts or omissions occurring in the Zone provided
that a permanent resident of a State Party who is a national of the other State Party shall be subject to the
criminal law of the latter State Party. A national of both States Parties shall be subject to the criminal law of
both.
40.2 A national of a third State, not being a permanent resident of either State Party, shall be subject to
the criminal law of both States Parties in respect of acts or omissions occurring in the Zone. Such a person
shall not be subject to criminal proceedings under the law of one State Party if he or she has already been
tried and discharged or acquitted by a competent tribunal or already undergone punishment for the same act
or omission under the law of the other State Party.
40.3 The States Parties shall provide assistance to and cooperate with each other, including through
agreements or arrangements as appropriate, for the purposes of enforcement of criminal law under this
article, including the obtaining of evidence and information.
40.4 Each State Party recognizes the interest of the other where a victim of an alleged offence is a
national of that other State Party, and shall keep that other State Party informed to the extent permitted by
its law of action being taken with regard to the alleged offence.
40.5 A State Party may make arrangements permitting officials of the other State Party to assist in the
enforcement of the criminal law of the first State Party.
Where such assistance involves the detention by the other State Party of a person who under the
foregoing provisions of this article is subject to the jurisdiction of the first State Party, that detention may
continue only until it is practicable to hand the person over to the relevant officials of the first State Party.
40.6 This article is without prejudice to any other basis for the exercise of the criminal jurisdiction of
either of the States Parties.

Article 41
Compliance and enforcement

41.1 Development activities in the Zone shall be carried on in accordance with the relevant applicable
law.
41.2 The States Parties shall take all appropriate measures within their national legal systems to enforce
the applicable law.
41.3 The States Parties shall render all necessary and reasonable assistance and support in ensuring that
contractors comply with the applicable law.

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Article 42
Civil and administrative jurisdiction

42.2 Unless otherwise provided in this Treaty, each of the States Parties may exercise civil or
administrative jurisdiction in relation to development activities in the Zone, or persons present in the Zone
for the purposes of those activities, to the same extent as they may do so in relation to activities and persons
in their own exclusive economic zone.
42.2 In the exercise of jurisdiction under paragraph 1, the States Parties shall give effect to the relevant
applicable law.
42.3 This article is without prejudice to any other basis for the exercise of civil or administrative
jurisdiction by either of the States Parties.

Article 43
Security and policing in the Zone

43.1 The States Parties shall, to the extent from time to time appropriate having regard to the purposes
of this Treaty and their respective defence and police needs, jointly conduct defence or police activities
throughout the Zone (in the case of police activities for the purposes of enforcing the applicable law),
except to the extent that the Council may from time to time otherwise direct. The costs of such activities
shall be borne by the States Parties in the proportions set out in paragraph 1 of article 3.
43.2 If and to the extent that either State Party shall fail to comply with its obligations set out in
paragraph 1 or otherwise refuse to participate in proposed joint defence or police activities, then without
prejudice to any other rights the other State Party may have, nothing in this Treaty shall prevent that other
State Party from separately carrying on such activities to such extent as it considers necessary or
appropriate.
43.3 The States Parties shall consult with each other as required with a view to ensuring the effective
and orderly enforcement of this Treaty and the security of the Zone for the purposes of development
activities, ongoing or proposed.
43.4 This article is without prejudice to any other basis for the conduct of defence or police activities
which either State Party may have under international law.

Article 44
Review of applicable law and enforcement arrangements

The Authority may at any time recommend to the Council any change in the applicable law or in
the arrangements for its enforcement, to the extent that these may be necessary.

Article 45
Rights of third States

45.1 In the exercise of their rights and powers under this Treaty, the States Parties shall take into
account the rights and freedoms of other States in respect of the Zone as provided under generally accepted
principles of international law.
45.2 If any third party claims rights inconsistent with those of the States Parties under this Treaty, then
the States Parties shall consult through appropriate channels with a view to coordinating a response.

Article 46
Position of persons in relation to the Zone

46.1 The States Parties shall cooperate with a view to resolving in an equitable manner as between
themselves any issues arising in respect of prior dealings by either State Party with any third person in
respect of any part of the Zone that have been disclosed to the other State Party in the course of negotiating
the present Treaty.

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46.2 However, in respect of any matter not disclosed by a State Party to the other State Party in the
course of the negotiation of the present Treaty, it shall be a matter for the non-disclosing State Party alone,
without any right to the cooperation or assistance of the other State Party, to resolve any issues arising in
respect of prior dealings by it with any third person in respect of any part of the Zone.

PART ELEVEN
RESOLUTION OF DEADLOCKS AND SETTLEMENT OF DISPUTES

Article 47
Settlement of disputes between the Authority and private interests

47.1 Disputes between the Authority and a contractor or between joint contractors and/or operators
concerning the interpretation or application of a development contract or operating agreement shall unless
otherwise agreed between the parties thereto he subject to binding commercial arbitration pursuant to the
terms of the relevant development contract or operating agreement.
47.2 Unless otherwise agreed, the arbitration shall be held in Lagos pursuant to the UNCITRAL
Arbitration Rules and administered by the Asain-African Legal Consultative Committee Centre for
International Commercial Dispute Settlement, Lagos.
47.3 The Authority shall be immune from suit in any court in respect of the merits of any dispute
referable to arbitration in accordance with paragraph 1.

Article 48
Resolution of disputes arising in the work of the Authority or the Council

48.1 Any dispute that arises with respect to the functioning of this Treaty shall be sought to be resolved
by the Board having regard to the objects and purposes of this Treaty, the principles set out in article 3 and
the spirit of amicable fraternal relations between the two States Parties.
48.2 If a dispute cannot be resolved by the Board and its continuance affects or threatens to affect the
actual or future implementation of this Treaty, it shall be referred to the Council.
48.3 The Council shall make every effort to resolve the dispute in a spirit of compromise, and without
prejudice to any underlying position of either State Party.
48.4 If the dispute has not been resolved by the Council within 12 months of being referred to the
Council under paragraph 2, or such other period as the Heads of State may decide, the Council or either
State Party may refer it to the Heads of State for their decision.

Article 49
Settlements of unresolved disputes between the States Parties

49.1 The provisions of article 52 shall apply:


(a) If the Heads of State agree in writing that a dispute referred to them under paragraph 48 concerns a
matter of policy or administration and the dispute has not been resolved by the Heads of State within 12
months of its referral to them, or such additional time as they agree;
or
(b) If arbitral proceedings under paragraph 2 below leave a substantial dispute between the parties
unresolved by reason, either expressly or implicitly, of the fact that such dispute concerns a matter of policy
or administration.
49.2 In any case not covered by subparagraph 1 (a), if the dispute has not been resolved by the Heads of
State within six months of the reference under paragraph 4 of article 48, and unless the States Parties have
otherwise agreed, either State Party may give notice to the other State Party (“the referral), to refer the
dispute to an arbitral tribunal (the Tribunal) for resolution.

267
49.3 The Tribunal shall be constituted in the following manner:
(a) Each State Party shall, within 60 days of the referral, appoint one arbitrator and the two arbitrators
so appointed shall within 60 days of the appointment of the second arbitrator appoint a national of a third
State as third arbitrator who shall act as President of the Tribunal;
(b) If a State Party fails to appoint an arbitrator within 60 days of the referral, or the two arbitrators
fail to appoint a third arbitrator within 60 days of the appointment of the second, either State Party may
request the President of the International Court of Justice to fill the vacancy by appointing a national of a
third State;
(c) If the President of the International Court of Justice is a national of or habitually resident in the
territory of a State Party or is otherwise unable to act, the appointment shall be made by the next most
senior judge of the Court who is not a national of either State Party and who is available to act;
(d) The Tribunal shall apply the UNCITRAL Rules, and on any point not covered by those Rules shall
determine its own procedure, unless the States Parties have otherwise agreed;
(e) The Tribunal, pending its final award, may on the request of a State Party issue an order or orders
indicating the interim measures which must be taken to preserve the respective rights of either State Party
or prevent the aggravation or extension of the dispute;
(f) Unless the States Parties otherwise agree, the Tribunal shall sit at The Hague and the
administering authority for the arbitration shall be the Secretariat of the Permanent Court of Arbitration.
49.4 Decisions of the Tribunal shall be final and binding on the States Parties.
49.5 The States Parties shall carry out in good faith all decisions of the Tribunal, including any orders
for interim measures. Any question as to the implementation of a decision may be referred to the Tribunal,
or if the same tribunal is no longer in existence and cannot be reconstituted, to a new Tribunal constituted
in accordance with paragraph 3.

PART TWELVE
ENTRY INTO FORCE AND OTHER MATTERS

Article 50
Entry into force

50.1 This Treaty shall enter into force on the exchange of instruments of ratification by both States
Parties.
50.2 Within three months of the exchange of ratifications, each State Party shall procure the enactment
by its own constitutional processes of any legislation or regulations necessary to implement this Treaty in
its legal system. The text of any such legislation or regulations shall be promptly forwarded to the other
State Party.
50.3 Upon entry into force, this Treaty shall be registered with the Secretary-General of the United
Nations.

Article 51
Duration and termination

51.1 This Treaty shall be reviewed by the States Parties in year thirty (30), and unless otherwise agreed
or terminated pursuant to article 52, shall remain in force for forty-five (45) years from the date of entry
into force.
51.2 If the two States Parties agree, this Treaty shall be continued in force after the initial forty-five
(45) year term.
51.3 Unless otherwise agreed, the expiry or other termination of this Treaty shall not affect
development contracts with an expiry date after such expiry or other termination and the provisions of this

268
Treaty shall remain in force for the sole purpose of administering such contracts and maintaining the joint
development regime to the extent necessary. On the expiry or earlier termination of the last remaining such
contract, the outstanding provisions of this Treaty shall terminate forthwith.
51.4 Accordingly, unless the States Parties otherwise agree, the Council and the Authority shall,
following expiry or other termination of this Treaty, continue to exercise such residual functions as may be
necessary in respect of the continuing administration of existing development contracts, and shall continue
in being for that purpose.
51.5 Unless the States Parties otherwise agree, such expiry or other termination shall not affect the
financial rights and obligations of the States Parties accrued under or pursuant to this Treaty prior to expiry
or termination.

Article 52
Special provision for termination in certain cases

52.1 This article applies:


(a) In any case of a dispute which falls under paragraph 1 of article 49;
(b) In any case in which a State Party remains for more than 180 days in material breach of an award
by a tribunal constituted pursuant to article 49.
52.2 In the case referred to in subparagraph 1 (a) of this article 52, either State Party may give: six
months' notice of termination of this Treaty, and in the case referred to in subparagraph 1 (b), the aggrieved
State Party may do so.

Article 53
Language of Treaty

This Treaty is executed in the English and Portuguese languages, both versions having equal
authority.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective
Governments, have signed this Treaty.
DONE at Abuja the 21st day of February 2001.
For the Government of the Federal Republic of Dubem Onyia, Minister of State for Foreign
Nigeria: Affairs.
For the Government of the Democratic Republic of Joaquim Rafael Branco, Minister for Foreign
Sao Tome and Principe: Affairs and Cooperation.

Appendix
Special Regime Area

1. The Special Regime Area is as follows:


(a) The approximately triangular area of the sea which is bounded by lines joining the following
points using the WGS 84 Datum in the order listed:
A 3º 00' 28" N 6º 57' 16" E
B 2º 56' 23" N 6º 57' 17" E
C 2º 56' 22" N 6º 43' 27" E
The lines from A to B and B to C being lines of constant bearing and the line from A to C
following the north-west edge of the Zone; and
(b) The seabed, subsoil and the superjacent waters thereof.

269
2. Notwithstanding any other provision of this Agreement, Nigeria shall throughout the duration of
this Agreement have the exclusive right to administer the Special Regime Area and exercise jurisdiction
over it, including the right to exploit and develop its resources for its own benefit.
3. Nigeria will safeguard the interest of Sao Tome and Principe by undertaking some development
projects, which will be governed by a separate Memorandum of Understanding that will form an integral
part of this Treaty. The provisions of this Memorandum of Understanding are without prejudice to any
other arrangements in the future that will enhance the joint cooperation between the two countries.

270
271
Memorandum of Understanding between the Federal Republic of Nigeria
and the Democratic Republic of Sao Tome and Principe
on the Special Regime Area
21 February 2001
In compliance with article 3 of the appendix to the Treaty on the Joint Development Zone signed
in Abuja on 21 February 2001, the Federal Republic of Nigeria has agreed to render technical and
economic assistance to the Democratic Republic of Sao Tome and Principe.
2. The said assistance will include the following projects:
(i) Refinery and crude oil allocation;
(ii) Working interest in a block;
(iii) Establishing a port/logistic facility in the Democratic Republic of Sao Tome and Principe;
(iv) Equipping and training of the Coast Guards of the Democratic Republic of Sao Tome and
Principe.
3. The details and modalities as well as mechanism of implementing these projects will be worked
out by the two Parties as soon as possible but not later than 90 days.
4. Obligations, responsibilities and interests of each Party will be specified in detail before the
commencement of the implementation of the projects. Equally, the two Parties will consult and cooperate
with each other in working out the detailed proposals on each project.
DONE in Abuja this 21st day of February 2001.
For the Federal Republic of Nigeria: Dubem Onyia, Minister of State for Foreign Affairs
For the Democratic Republic of São Tome and Joaquim Rafael Branco, Minister for Foreign Affairs and
Principe: Cooperation

272
Cameroon and Nigeria
Land and Maritime Boundary between Cameroon and Nigeria
(Cameroon v. Nigeria: Equatorial Guinea intervening)
International Court of Justice, Judgment of 10 October 2002 – Merits
(excerpt)1
On 10 October 2002, the International Court of Justice, principal judicial organ of the United
Nations, gave judgment in the case concerning the Land and Maritime Boundary between Cameroon and
Nigeria (Cameroon v. Nigeria: Equatorial Guinea intervening).
In its judgment, which is final, without appeal and binding for the Parties, the Court determined
the course of the boundary, from north to south, between Cameroon and Nigeria. As regards the maritime
boundary, the Court, having established that it has jurisdiction to address this aspect of the case -- which
Nigeria had disputed -- fixed the course of the boundary between the two States’ maritime areas as follows:
“IV. (A) By thirteen votes to three,
“Finds, having addressed Nigeria’s eighth preliminary objection, which it declared in its
Judgment of 11 June 1998 not to have an exclusively preliminary character in the circumstances of the
case, that it has jurisdiction over the claims submitted to it by the Republic of Cameroon regarding the
delimitation of the maritime areas appertaining respectively to the Republic of Cameroon and to the Federal
Republic of Nigeria, and that those claims are admissible;
IN favour: President Guillaume; Vice- President Shi; Judges Ranjeva, Herczegh, Fleischhauer,
Higgins, Parra-Aranguren, Kooijmans, Rezek, Al-Khasawneh, Buergenthal, Elaraby; Judge ad hoc
Mbaye;
AGAINST: Judges Oda, Koroma; Judge ad hoc Ajibola;
“(B) By thirteen votes to three,
“Decides that, up to point G below, the boundary of the maritime areas appertaining respectively
to the Republic of Cameroon and to the Federal Republic of Nigeria takes the following course:
(a) starting from the point of intersection of the centre of the navigable channel of the Akwayafe River
with the straight line joining Bakassi Point and King Point as referred to in point III ( C) above, the
boundary follows the compromise line drawn jointly at Yaoundé on 4 April 1971 by the Heads of State
of Cameroon and Nigeria on British Admiralty Chart 3433 ( Yaoundé II Declaration) and passing
through 12 numbered points, whose coordinates are as follows:
Longitude Latitude
point 1: 8 ° 30’ 44” E 4 ° 40’ 28” N
point 2: 8 ° 30’ 00” E 4 ° 40’ 00” N
point 3: 8 ° 28’ 50” E 4 ° 39’ 00” N
point 4: 8 ° 27’ 52” E 4 ° 38’ 00” N
point 5: 8 ° 27’ 09” E 4 ° 37’ 00” N
point 6: 8 ° 26’ 36” E 4 ° 36’ 00” N
point 7: 8 ° 26’ 03” E 4 ° 35’ 00” N
point 8: 8 ° 25’ 42” E 4 ° 34’ 18” N
point 9: 8 ° 25’ 35” E 4 ° 34’ 00” N

1
Only parts concerning the maritime boundary are reproduced.

273
point 10: 8 ° 25’ 08” E 4 ° 33’ 00” N
point 11: 8 ° 24’ 47” E 4 ° 32’ 00” N
point 12: 8 ° 24’ 38” E 4 ° 31’ 26” N;
(b) from point 12, the boundary follows the line adopted in the Declaration signed by the Heads of State
of Cameroon and Nigeria at Maroua on 1 June 1975 (Maroua Declaration), as corrected by the
exchange of letters between the said Heads of State of 12 June and 17 July 1975; that line passes
through points A to G, whose coordinates are as follows:
Longitude Latitude
point A: 8 ° 24’ 24” E 4 ° 31’ 30” N
point A1: 8 ° 24’ 24” E 4 ° 31’ 20” N
point B: 8 ° 24’ 10” E 4 ° 26’ 32” N
point C: 8 ° 23’ 42” E 4 ° 23’ 28” N
point D: 8 ° 22’ 41” E 4 ° 20’ 00” N
point E: 8 ° 22’ 17” E 4 ° 19’ 32” N
point F: 8 ° 22’ 19” E 4 ° 18’ 46” N
point G: 8 ° 22’ 19” E 4 ° 17’ 00” N;
IN favour: President Guillaume; Vice- President Shi; Judges Oda, Ranjeva, Herczegh,
Fleischhauer, Higgins, Parra-Aranguren, Kooijmans, Al- Khasawneh, Buergenthal, Elaraby; Judge
ad hoc Mbaye;
AGAINST: Judges Koroma, Rezek; Judge ad hoc Ajibola;

(C) Unanimously,
“Decides that, from point G, the boundary line between the maritime areas appertaining
respectively to the Republic of Cameroon and to the Federal Republic of Nigeria follows a loxodrome
having an azimuth of 270° as far as the equidistance line passing through the midpoint of the line joining
West Point and East Point; the boundary meets this equidistance line at a point X, with coordinates 8 ° 21’
20” longitude east and 4 ° 17’ 00” latitude north;

(D) Unanimously,

Decides that, from point X, the boundary between the maritime areas appertaining respectively to
the Republic of Cameroon and to the Federal Republic of Nigeria follows a loxodrome having an azimuth
of 187° 52’ 27”.

274
275
Gabon and Sao Tome and Principe
Agreement on the delimitation of the maritime border between the Gabonese
Republic and the Democratic Republic of Sao Tome and Principe
26 April 2001
The Gabonese Republic on the one hand and the Democratic Republic of São Tomé and Principe on
the other, hereinafter referred to as "the Parties",
Anxious to consolidate their ties of friendship, good-neighbourliness and cooperation,
Desiring to delimit their maritime border in accordance with the Charter of the United Nations and
the Charter of the Organization of African Unity,
Referring to the international conventions on the matter to which Gabon and Sao Tome and Principe
are parties, in particular the United Nations Convention on the Law of the Sea, signed at Montego Bay in
1982,
Have agreed as follows:

Article 1

The purpose of this Agreement shall be to delimit the maritime border between the Gabonese
Republic and the Democratic Republic of Sao Tome and Principe.

Article 2

The border between the Gabonese Republic and the Democratic Republic of Sao Tome and Principe
shall be the line defined in article 3 below, drawn equidistant from the baselines from which the territorial
sea of each State is measured.
(a) The baselines of the Gabonese Republic shall be those connecting the points with the
following geographic coordinates:
Point Latitude Longitude
A - Mbanie (Pointe mengombie) 0º 48' 39" N 9º 22' 50" E
B - Cap Esterias 0º 35' 19" N 9º 19' 01" E
C - Pointe Ngombe (lighthouse) 0º 18' 35" N 9º 18' 19" E
D - Cap Lopes 0º 37' 54" S 8º 42' 13" E
(b) The baselines of the Democratic Republic of Sao Tome and Principe shall be those
connecting the points with the following geographic coordinates:
Point Latitude Longitude
A - Ilhéus Monteiros (NE) 1º 41' 14" N 7º 28' 20" E
B - Ponto a sul da Ponta da Garça (E) 1º 37' 40" N 7º 27' 52" E
C - Ilhéus Caroço (SE) 1º 30' 47" N 7º 26' 05" E
D - Ilhéus Santana (E) 0º 14' 29" N 6º 45' 59" E
E - Sete Pedras (SE) 0º 02' 17" N 6º 37' 48" E
F - Ilhéus das Rolas (SE) 0º 00' 45" S 6º 31' 44" E

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Article 3

The maritime border between the Gabonese Republic and the Democratic Republic of Sao Tome
and Principe shall be the line connecting the following points with the geographic coordinates:
Point Latitude Longitude
1 0º 44' 03" N 8º 14' 00" E
2 0º 34' 00" N 8º 11' 15" E
3 0º 00' 05" S 7º 50' 28" E
4 0º 17' 38" S 7º 41' 21" E
5 0º 25' 45" S 7º 37' 42" E
6 0º 52' 51" S 7º 28' 25" E
7 1º 28' 47" S 7º 16' 16" E
International ellipsoid.
Reference maps:
7188 marine map (from Lagos to Gamba) drawn by the Service Hydrographique et
Océanographique de la Marine (SHOM)
Scale: 1:1,000,000
Vector Map - Level 0 (V Map) drawn by the United States National Imagery and Mapping
Agency to a scale of 1:1,000,000

Article 4

Each Party shall refrain from making any claims or exercising sovereignty in the maritime space of
the other Party as defined by the provisions of articles 2 and 3 of this Agreement.

Article 5

Any dispute concerning the interpretation or application of this Agreement shall be settled by
consultation and negotiation between the Parties.

Article 6

This Agreement shall enter into force as soon as the constitutional procedures of each Party have
been completed and after the exchange of the instruments of ratification.
DONE in Sao Tome on 26 April, in two originals in the French and Portuguese languages, both
texts being equally authentic.
For the Gabonese Republic: For the Democratic Republic of Sao Tome and Principe:

Antoine Mboumbou Miyakou, Minister without Joaquim Rafael Branco, Minister for Foreign Affairs and
Portfolio, Minister of the Interior, Public Safety and Cooperation
Decentralization

277
278
VII. Gulf States

Oman and Yemen


International Boundary Agreement between the Sultanate of Oman
and the Republic of Yemen
1 October 1992
The Sultanate of Oman and the Republic of Yemen,
Proceeding from the fraternal links and the common interest that unite their two countries and
peoples,
In pursuance of the noble Islamic Sharia,
Prompted by the desire to strengthen the existing bonds of brotherhood and the relationship of
neighbourliness between the two fraternal countries,
And in view of the desire of each of the two countries to establish the boundaries between them in
a definitive manner, have agreed as follows:

Article 1

The boundary line separating the territory of the Sultanate of Oman and the territory of the
Republic of Yemen shall be that described in article 2 of this Agreement and based on geodesic system 84.

Article 2

The boundary line between the Sultanate of Oman and the Republic of Yemen begins from the
principal print at Ra's Darbat Ali (the Rock), numbered as point No. 1, at the intersection of the
geographical coordinates of parallel 16 degrees 39 minutes 3.83 seconds North and meridian 53 degrees 6
minutes 30.88 seconds East, and ends at the principal point numbered as point 8 at the geographical
alignment of the intersection of parallel 19 degrees north with meridian 52 degrees East, and the boundary
line extends between the two principal points whose coordinates are set forth above passing through points
2, 3, 4, 4a, 4b, 5, 6 and 7, in accordance with the following coordinates:
Point No. 2 is at the intersection of parallel 17 degrees 17 minutes 7.91 seconds North
with meridian 52 degrees 48 minutes 44.22 seconds East.
Point No. 3 is at the intersection of parallel 17 degrees 17 minutes 40 seconds North with
meridian 52 degrees 44 minutes 45 seconds East.
Point No. 4 is at the intersection of parallel 17 degrees 18 minutes 6.93 seconds North
with meridian 52 degrees 44 minutes 33.50 seconds East.
Point No. 4a, ancillary to point number 4, is at the intersection of parallel 17 degrees 18
minutes 8.87 seconds North with meridian 52 degrees 44 minutes 34.24 seconds East.
Point No. 4b, ancillary to point number 4, is at the intersection of parallel 17 degrees 18
minutes 8.42 seconds North with meridian 52 degrees 44 minutes 35.57 seconds East.
Point No. 5 is at the intersection of parallel 17 degrees 18 minutes 15 seconds North with
meridian 52 degrees 45 minutes 5 seconds East.
Point No. 6 is at the intersection of parallel 17 degrees 18 minutes 21 seconds North with
meridian 52 degrees 45 minutes 2 seconds East.
Point No. 7 is at the intersection of parallel 17 degrees 20 minutes 59.04 seconds North
with meridian 52 degrees 46 minutes 55.83 seconds East.

279
Article 3

The extension of the separating boundary line continues from the extremity of the principal point
on the shore (Ra's Darbat Ali) in the direction of the territorial waters until the limit of the economic zone.
This extension shall be demarcated in accordance with the rules of international law and the United Nations
Convention on the Law of the Sea.
This demarcation of the land and maritime boundary line separating the two countries shall be
considered final and definitive.

Article 4

A Joint Technical Commission shall be formed of the survey authorities of the two countries and
its task shall be:
(a) To survey and establish on the ground the boundary points and the boundary line set forth in
article 2 and to prepare in a definitive manner the detailed maps and related data necessary for that purpose
so that those maps - after signature by representatives of the two parties - shall be the official maps showing
the boundaries between the two countries and shall be annexed to this Agreement as an integral part hereof;
(b) To supervise the emplacement of markers (pillars) along the agreed boundary line separating
the territories of the two countries, and to reach agreement on what distance shall separate one marker
(pillar) from another.

Article 5

All issues arising out of the demarcation of the boundary line and any issues emerging thereafter
shall be settled by amicable means through direct contact between the two Parties on the basis of the
principles of equality, mutual advantage and the absence of prejudice to the interests of either Party.

Article 6

In the event of the discovery of common natural resources, agreement shall be reached on the
manner of their exploitation and division in accordance with the established international norms and
customs and the principles of justice and fairness.

Article 7

The border authorities and rights to grazing, movement and the use of water resources in the
boundary zone shall be regulated in accordance with the two annexes appended to this Agreement. Use of
the property of residents in the border zone shall also be regulated in accordance with a special annex to be
agreed upon by the two Parties. All of the annexes mentioned in this article shall be considered an integral
part of this Agreement.

Article 8

This Agreement and its annexes were drawn up in two original copies in the Arabic language,
each State retaining one copy.

Article 9

This Agreement shall enter into force after ratification in accordance with the procedures followed
in each of the contracting countries and the exchange of instruments of ratification by the two States.

280
Article 10

This Agreement was done at Sana'a on 3 Rabi' II A.H. 1413, corresponding to 1 October A.D.
1992.
For the Government of the For the Government of the
Republic of Yemen: Sultanate of Oman:

ANNEX I
TO THE INTERNATIONAL BOUNDARY AGREEMENT BETWEEN THE SULTANATE OF
OMAN AND THE REPUBLIC OF YEMEN, CONCERNING THE ORGANIZATION OF
BORDER AUTHORITIES

The Government of the Sultanate of Oman and the Government of the Republic of Yemen, in
implementation of article 7 of the International Boundary Agreement between the Sultanate of Oman and
the Republic of Yemen signed on 3 Rabi' II A.H. 1413, corresponding to 1 October A.D. 1992, and in their
desire to arrange the terms of reference of the border authorities, have agreed as follows:

Article 1

The two Parties have agreed that disputes, violations and incidents occurring in the border zone
covered by this Annex shall be resolved in accordance with the provisions contained herein.

Article 2

1. The border zone shall be regarded as the area extending from the common boundary line
between the two countries to a depth of 5 kilometres inside the territory of each of the two Parties.
2. With the exception of installations of official crossing points and border force
installations, neither Party may erect or maintain any fortifications, installations, military camps or the like
within the limits of the zone indicated in paragraph 1 of this article. Immediately upon entry into force of
the International Boundary Agreement between them, the two Parties shall take the necessary measures for
the implementation of the provisions of this paragraph, within a period of time to be agreed upon, with
regard to existing fortifications, installations and military camps.

Article 3

1. Each of the Contracting Parties shall appoint the border authorities set forth hereunder in
order to effect the implementation of the provisions of this annex.
(a) First-level border authorities:
For the Sultanate of Oman: Inspector-General of Police and Customs
For the Republic of Yemen: Governor of the relevant governorate
(b) Second-level border authorities:
For the Sultanate of Oman: Minister of the Interior
For the Republic of Yemen: Minister of the Interior and Security
2. The border authorities mentioned in paragraph 1 of this article may be changed or other
authorities introduced by agreement of the Contracting Parties through the diplomatic channel.

Article 4

The Parties shall, within one month of the entry into force of this annex, communicate to each
other through the diplomatic channel the full names of the members of the border authorities, their
functional titles and copies of their letters of appointment. The letter of appointment shall contain a

281
photograph of the bearer and his signature. Any changes subsequently made in this regard shall be
communicated in the same manner.

Article 5

Each authorized member of the border authorities shall be entitled to appoint assistants, and he
shall provide their names, functional titles and letters of appointment to the border authorities of the other
Party.

Article 6

The violations and incidents relating to the boundaries that are included within the scope of the
provisions of this annex are:
(a) Interference with or destruction of boundary pillars or destruction of buildings or other
installations directly relating to the boundaries;
(b) Shooting at border posts and border guards, or at persons, or at boundary pillars or boundary
installations located in the territory of the other Party;
(c) Flight by those charged with committing a crime under the law of the Contracting Party to
which they belong into the border zone in order to take refuge in the border zone of the other Contracting
Party;
(d) Incidents of robbery and theft involving nationals of one of the Contracting Parties in the
corder zone of the other Party;
(e) Smuggling by a person or persons from the territory of one of the Contracting Parties to the
territory of the other Party;
(f) Hunting of wild animals within the border zones;
(g) Misuse or contamination of water resources and anything which may impair their use.

Article 7

The border authorities of each of the Contracting Parties shall, in the border zone, have the powers
set forth hereunder:
(a) To take the necessary measures to prevent the occurrence of incidents;
(b) To take the necessary measures, and to notify the border authorities of the other Party
accordingly, in order to preclude the commission of crimes, smuggling and infiltration by persons in the
border zone of the other Party, to prevent such persons from crossing the boundaries and to intercept them
as required or pursue them in order to arrest them. In the event that such persons should cross the boundary
line from the border zone of one of the Contracting Parties into the border zone of the other Party, pursuit
must halt and the border authority concerned shall notify the border authority of the other Party, which
shall take the necessary measures to arrest them and hand them over to the border authorities of the former
Party;
(c) To take the necessary measures to combat smuggling and infiltration between the two
countries, and to exchange information on such activities with the other border authorities with a view to
their suppression;
(d) To exchange information in the event of disasters in the border zone and to cooperate in
containing them;
(e) To take preventive measures against the spread of livestock diseases or epidemics or
agricultural parasites into the territory of the other Party. For this purpose, the border authority of the Party
in whose territory a livestock disease or epidemic has appeared shall notify the authority of the other Party.
In the event that there is suspicion of disease in livestock that must cross the boundaries of the two Parties,

282
the necessary measures shall be taken to prevent the spread of such disease in accordance with the hygiene
and veterinary inspection regulations of each of the two Parties;
(f) To investigate all border incidents;
(g) To settle such disputes as may arise in connection with the violations and incidents mentioned
in article 6 of this annex and to consider, within the limits of their powers, applications for compensation
submitted following a border incident by one of the Parties or by persons present in the border zone that
comes under their jurisdiction.

Article 8

1. Should a national of one of the Parties take refuge in the border zone of the other Party
after committing a Crime under the law of the Party to which he belongs in the border zone of that Party,
the border authority of the Party in whose territory the crime was committed may request that the suspect
be arrested. The border authority of the other Party shall do all in its power to apprehend the person being
sought and, on apprehending him, shall notify the border authority of the Party making the request.
2. The border authority of a Party which is requested to arrest the suspect may return him
within a period of not more than 10 days from the date of his arrest.
3. Should the border authority requested to arrest the suspect refrain for any reason from
handing him over within a 10-day period, it shall keep him under arrest until such time as the documents
relating to his return are delivered through diplomatic channels. The period for which the suspect is
detained shall not, in any event, exceed 60 days.

Article 9

The border authorities may, by prior agreement, undertake the joint on-site investigation of a
border incident with a view to establishing the facts. In such a case, and if required, they may bring with
them experts and witnesses. The investigation shall be supervised by the Party in whose territory it takes
place. A report of the investigation shall be drawn up and signed by the competent authorities in the two
countries. It shall contain a summary of the facts and deliberations and of the conclusions reached by the
investigation and shall be transmitted to the competent judicial authorities.

Article 10

The border authorities of the two Parties shall, by common accord, designate points for meetings
and the exchange of correspondence and points for the hand-over of persons and property as well as official
crossing points.

Article 11

The members of the border authorities, their assistants and experts may cross the boundaries in
exercise of the functions arising out of the provisions of this Annex. Members of the border authorities and
their assistants shall cross the boundaries on production of the letters of appointment mentioned in articles
4 and 5 of this annex after notifying the competent authorities of the other Contracting Party and with their
agreement.

Article 12

The closest border post of the other Contracting Party shall be notified of the day and time of
crossing of those persons required to cross the boundaries in accordance with the provisions of this annex at
least 24 hours before the time requested. This period may be reduced in cases of extreme necessity by
agreement between the Contracting Parties.

283
Article 13

The members of the border authorities shall, in the exercise of their functions, enjoy the necessary
immunity for the performance of their duties, and the materials that they require for that purpose shall not
be subject to taxes or customs duties.

Article 14

While present in the border zone of one of the two Parties, the persons mentioned in article 9 of
this annex shall be provided with the necessary assistance.

Article 15

1. The border authorities mentioned in paragraph 1 (a) of article 3 of this annex shall meet
alternately in the territory of each of the Contracting Parties once every six months or whenever there is
need for a meeting, by agreement of the two Parties, in order to settle outstanding issues within their
competence. Should the aforesaid authorities fail to reach agreement on the settlement of such issues, they
shall be submitted to the border authorities mentioned in paragraph 1 (b) of article 3 of this annex to decide
upon them as they deem appropriate.
2 The border authorities for which provision is made in paragraph 1 (b) of article 3 of this
annex shall meet alternately in the territory of each of the Contracting Parties once a year or if the border
authorities for which provision is made in paragraph 1 (a) of article 3 of this annex should otherwise
propose that a special meeting be held for consultation and the resolution of outstanding issues.

Article 16

1. For the purposes of keeping the boundary markers (pillars) in position and of their
maintenance, the border authorities of the two countries mentioned in paragraph 1 (a) of article 3 of this
annex shall exchange information relating thereto and shall undertake an on-site inspection thereof prior to
the convening of the semi-annual meeting, referred to in paragraph 1 of article 15 of this annex, so that they
may discuss the matter and submit the necessary report on the markers (pillars) to the border authorities
mentioned in paragraph 1 (b) of article 3 of this annex.
2. Should it appear to the border authorities mentioned in paragraph 1 (b) of article 3 of this
annex that the locations of the markers (pillars) have been changed or that their condition requires
maintenance or repair as a result of damage, those authorities shall notify the competent agencies of the two
Parties so that the necessary technical arrangements may be made to restore the markers (pillars) to their
positions or maintain or repair them in accordance with the technical specifications agreed upon by the two
Parties in the reports of the Technical Commission referred to in article 4 of the International Boundary
Agreement between the two countries and endorsed thereby.

Article 17

This annex shall remain in force for a five-year period from the date of the entry into force of the
Agreement. This annex shall be renewed automatically for the same term unless one of the Parties notifies
the other through the diplomatic channel of its desire to amend it within six months of the date of expiry of
the appointed term.

284
Article 18

This annex shall enter into force after ratification in accordance with the procedures followed in
each of the two countries and the exchange of instruments of ratification hereof by the two Governments.
DONE at Sana'a this third day of Rabi' II A.H. 1413, corresponding to the first day of October
A.D. 1992.
For the Government of the For the Government of the
Republic of Yemen: Sultanate of Oman:

ANNEX II
TO THE INTERNATIONAL BOUNDARY AGREEMENT
BETWEEN THE SULTANATE OF OMAN AND THE REPUBLIC OF YEMEN
CONCERNING THE REGULATION OF RIGHTS TO GRAZING, MOVEMENT
AND THE USE OF WATER RESOURCES IN THE BORDER ZONE

The Government of the Sultanate of Oman and the Government of the Republic of Yemen, in
implementation of article 7 of the International Boundary Agreement between the Sultanate of Oman and
the Republic of Yemen signed on 3 Rabi' II A.H. 1413, corresponding to 1 October A.D. 1992,
And desiring to regulate rights to grazing, movement and the use of water resources in the border
zone, have agreed as follows:

Article 1

For the purposes of this annex, the grazing zone shall be defined as extending to a maximum depth
of 25 kilometres from the common boundary line in the territory of each of the two countries.

Article 2

Herdsmen who are nationals of the two Parties and who are in the border zones and their vicinity
may make use of the rangelands and the water resources in the grazing zone defined in article 1 of this
annex in accordance with the tribal customs prevailing in the area.

Article 3

The border authorities of the two Parties shall establish the range of grazing and the crossing-
points that may be used for the purposes of this nnex through annual consultation and in the light of grazing
requirements.

Article 4

Without prejudice to the provisions contained in article 2 of this annex, when permitted by the
border authorities concerned to pasture and to make use of the water resources in the grazing zones,
nationals of the two Parties shall be exempt from:
(a) The laws and regulations in force relating to residence and passports. They shall be issued with
a transit document by the border authorities of the Party of which they are nationals permitting them to
cross the boundary;
(b) Taxes and duties on their livestock, tents and related equipment, customarily necessary
household articles and the foodstuffs and consumption goods that they carry with them, without prejudice
to the rights of the Parties to levy customs duties on livestock or goods destined for trade in the territory of
the other Party.

285
Article 5

Each Party reserves the right to limit the number of such vehicles as herdsmen may wish to bring
into its territory and the number and types of firearms that they are permitted to carry. Such weapons as
may be brought in must be officially licensed by the relevant authorities in the two countries by virtue of
official documents establishing the identity of the owner, and the border authorities shall issue to owners
documents permitting them to carry their weapons. Should the number of firearms exceed that permitted,
they shall be handed over against receipt to the responsible agency at the crossing-point and shall be
returned to their owners on their return.

Article 6

Should a contagious livestock disease, epidemic or the like break out, each Party may impose the
necessary veterinary or sanitary measures and invoke the orders in force prohibiting importation and
exportation. The competent authorities in both countries shall cooperate in this regard.

Article 7

The persons indicated in this annex shall, in the territory of the receiving country, be entitled to
benefit from the health services. They shall be permitted to provide themselves with the necessary
foodstuffs and consumption goods within the boundaries of the zone in which they are permitted to pasture.
Should there be no health centre in the grazing zone, however, emergency cases shall be referred to the
nearest health centre through the crossing-point authorities.

Article 8

This annex shall remain in force for a term of five years from the date of entry into force of the
Agreement. This Annex shall be renewed automatically for the same term unless one of the Parties informs
the other through the diplomatic channel of its desire to amend it six months before the date of expiry of the
appointed term.

Article 9

This annex shall enter into force after ratification in accordance with the procedures followed in
each of the two countries and the exchange of instruments of ratification by the two Governments.
DONE at Sana'a this third day of Rabi' II A.H. 1413, corresponding to the first day of October
A.D. 1992.

Republic of Yemen
Ministry of Legal Affairs
Instrument of ratification

The Chairman of the Presidential Council:


Having examined the International Boundary Agreement between the Republic of Yemen and the
Sultanate of Oman attached to this Law - signed at Sana'a on 3 Rabi' II A.H. 1413, corresponding to
1 October A.D. 1992, and comprising 10 articles and two annexes, concerning the organization of border
authorities and concerning the regulation of rights to grazing, movement and the use of water resources in
the border zone,
And the documents and instruments relating to all the constitutional measures necessary for the
ratification of this Agreement by the executive and legislative authorities in accordance with the
Constitution of the Republic of Yemen,
We have promulgated law No. 44 of 1992 concerning the ratification of the said Agreement and
its two Annexes.

286
On the basis of the mutual confidence between the Parties to this Agreement, and being fully
convinced of the beneficial consequences and the close cooperation that will arise out of the entry into
force of this Agreement,
We hereby declare our definitive approval and our ratification of the Agreement and its Annexes
heretofore referred to and our Commitment to all of its provisions.
Accordingly, and in witness to the foregoing, we affix to this instrument our signature and the
official seal of State.
Recorded at the Presidency of the Republic, Sana'a
Date: 6 Jamada I A.H. 1413
corresponding to 31 October A.D. 1992
Signed: Chairman of the Presidential Council

Sultanate of Oman
Ministry of Foreign Affairs
Muscat
Instrument of ratification

25 Jumada II A.H. 1413


20 December A.D. 1992
I, Yusef Bin Alawi Bin Abdulla, Minister of State for Foreign Affairs of the Sultanate of Oman,
By virtue of the powers vested in me and on the basis of the Sultan's Decree No. 75/92
promulgated on 5 Jumada I A.H. 1413, corresponding to 31 October A.D. 1992,
Do declare by virtue of this instrument the ratification by the Government of the Sultanate of
Oman of the International Boundary Agreement between the Government of the Sultanate of Oman and the
Government of the Republic of Yemen and the two Annexes thereto signed at Sana'a on 1 October A.D.
1992.
IN WITNESS WHEREOF, I have signed this instrument today, Sunday, 25 Jumada II A.H. 1413,
corresponding to 20 December A.D. 1992.
Signed: Minister of State for Foreign Affairs

287
288
Iraq and Kuwait
Demarcation of the international boundary between the Republic of Iraq and the
State of Kuwait by the United Nations Iraq-Kuwait Boundary Demarcation
Commission
20 May 1993

Letter dated 21 May 1993 from the Secretary-General addressed


to the President of the Security Council1

I have the honour to transmit to you and through you to the members of the Security Council the
"final report on the demarcation of the international boundary between the Republic of Iraq and the State of
Kuwait by the United Nations Iraq-Kuwait Boundary Demarcation Commission", dated 20 May 1993,
containing the list of geographic coordinates demarcating the boundary and the map of the area, which
forms an enclosure to the report. I also submit a transmittal letter of the same date from the Chairman of
the Commission addressed to me.
As indicated in the above-mentioned letter, in addition to the final report, the Chairman of the
Commission submitted to me three certified copies of the list of geographic coordinates demarcating the
international boundary between Iraq and Kuwait. On 20 May 1993, I forwarded two of these certified
copies to the Governments of Iraq and Kuwait respectively, in order to be lodged in their archives. I also
brought to the attention of both Governments the final report of the Commission together with the map.
The third certified copy of the list of geographic coordinates demarcating the international boundary
between Iraq and Kuwait will be retained for safekeeping in the archives of the United Nations.
As you know, the Iraq-Kuwait Boundary Demarcation Commission was established pursuant to
paragraph 3 of Security Council resolution 687 (1991), in which the council called upon the Secretary-
General to lend assistance to make arrangements with Iraq and Kuwait to demarcate the international
boundary between the two countries. The Commission was entrusted with the task to demarcate in
geographic coordinates of latitude and longitude as well as by a physical representation the international
boundary as set out in the Agreed Minutes between the State of Kuwait and the Republic of Iraq regarding
the Restoration of Friendly Relations, Recognition and Related Matters signed at Baghdad on
4 October 1963. The Commission was also asked to provide for arrangements for maintenance on a
continuing basis of the physical representation of the boundary.
In accordance with its mandate and terms of reference, the Commission was called upon to
perform a technical, and not a political task, and as is stressed in the final report, the Commission has made
every effort to strictly confine itself to this objective. In the statement of the President of the Security
Council dated 17 June 19922, issued on behalf of its members and in Security Council resolution 773
(1992) of 26 August 1992, related to the work of the Commission, it was pointed out that through the
demarcation process the Commission was not reallocating territory between Kuwait and Iraq, but was
simply carrying out the technical task necessary to demarcate for the first time the precise coordinates of
the boundary set out in the Agreed Minutes referred to above.
As stated in the final report, the Commission has fulfilled its mandate. It demarcated in
geographic coordinates of latitude and longitude the international boundary between Iraq and Kuwait set
out in the Agreed Minutes, made arrangements for the physical representation of the boundary through the
emplacement of an appropriate number of boundary pillars or monuments and provided for arrangements
for the continuing maintenance and location accuracy of the surficial boundary representation.
The coordinates established by the Commission thus constitute the final demarcation of the
international boundary between Iraq and Kuwait set out in the Agreed Minutes of 4 October 1963. In
accordance with paragraphs 2 and 4 of Security Council resolution 687 (1991), both Iraq and Kuwait shall

1
United Nations document S/25811.
2
S/24113

289
respect the inviolability of this international boundary and its inviolability will be also guaranteed by the
Security Council.
Fulfilment by the Commission of its mandate to demarcate the international boundary between
Iraq and Kuwait has direct implications for the implementation of paragraph 5 of Security Council
resolution 687 (1991) relating to the establishment of a demilitarized zone along that boundary. In January
1993, the United Nations Iraq-Kuwait Observation Commission (UNIKOM)completed the realignment of
the demilitarized zone with the demarcated land section of the boundary and I am now instructing
UNIKOM to finalize such realignment with the entire international boundary between Iraq and Kuwait
demarcated by the Commission.
With regard to section X (c) of the final report, concerning boundary maintenance, I will make the
necessary arrangements, as recommended by the Commission, for maintenance of the physical
representation of the boundary. The United Nations personnel and personnel of the survey or similar
organizations that will be involved in the implementation of the arrangements for maintenance of the
surficial representation of the boundary are to enjoy unimpeded freedom of movement in the area of the
demarcated boundary as well as all necessary privileges and immunities for the fulfilment of their task.
As stated above, the decisions of the Commission concerning the demarcation of the international
boundary between Iraq and Kuwait are final. I believe that the work performed by the Commission will
have a beneficial effect on the restoration of international peace and security in the area concerned, in
conformity with the purposes of Security Council resolution 687 (1991). The certainty and stability of the
boundary are in the best interest of Iraq and Kuwait and I expect the Governments of both countries to
respect the objective and impartial results achieved by the Iraq-Kuwait Boundary Demarcation
Commission.
(Signed) Boutros Boutros-Ghali

Annex

Letter dated 20 May 1993 from the Chairman of the Iraq-Kuwait


Boundary Demarcation Commission addressed to the Secretary-General

In accordance with paragraph 3 of Security Council resolution 687 (1991) of 3 April 1991, on
behalf of the Iraq-Kuwait Boundary Demarcation Commission, I have the honour to submit herewith the
report conveying the final results of its work, together with a certified copy of the list of geographic
coordinates demarcating the international boundary between Iraq and Kuwait and a map at the scale of
1:250,000 depicting that demarcation. The report and the coordinates are submitted in three copies, two of
which are for communication to the Governments concerned.
As indicated in the report, the Commission will communicate to you in due course authenticated
copies of the large-scale maps of the boundary along with technical documentation comprised of certified
records of survey stations and boundary pillars.
(Signed) Nicolas Valticos

Chairman

290
Appendix

Final report on the demarcation of the international boundary


between the Republic of Iraq and the State of Kuwait
by the United Nations Iraq-Kuwait Boundary Demarcation Commission

Enclosure

Demarcation of the international boundary between the Republic of Iraq and the State of Kuwait

(Map at the scale of 1:250,000)


[Issued separately as an addendum.3]

3
S/25811/Add.1

291
292
Oman and Pakistan
Muscat Agreement on the delimitation of the maritime boundary between the
Sultanate of Oman and the Islamic Republic of Pakistan12
12 June 2000
The Government and people of the Sultanate of Oman and the Government and people of the
Islamic Republic of Pakistan,
Recalling the bonds of friendship and good-neighbourly relations existing between them,
Expressing their wish to delimit the maritime boundary between the two countries permanently,
equitably and definitively in conformity with international law and relevant international conventions,
Have agreed as follows:

Article 1

The maritime boundary between the exclusive economic zones of the Sultanate of Oman and the
Islamic Republic of Pakistan shall be measured from baselines established in conformity with the United
Nations Convention on the Law of the Sea of 1982.

Article 2

The delimitation of the maritime boundary between the exclusive economic zones of the Sultanate
of Oman and the Islamic Republic of Pakistan shall be based on the median line principle, in conformity
with the United Nations Convention on the Law of the Sea of 1982.

Article 3

The delimitation line between the exclusive economic zones of the Sultanate of Oman and the
Islamic Republic of Pakistan shall be the geodesic lines, referred to the World Geodetic System 1984
(WGS 84) joining a series of fixed points whose geographical coordinates, referred to WGS 84, are as
follows:
Point No. Latitude (N) Longitude (E)
1 23 20' 48" 61 25' 00"
2 23 15' 22" 61 32' 48"
3 23 11' 40" 61 38' 11"
4 22 56' 35" 62 00' 51"
5 22 54' 37" 62 03' 50"
6 22 40' 37" 62 25' 17"
7 22 05' 01" 63 08' 23"
8 21 57' 13" 63 14' 21"
9 21 47' 24" 63 22' 13"

1
Received from the Permanent Mission of Oman to the United Nations under cover of a note verbale dated 12 August 2002.

2
Original: English and Arabic. Entered into force on 21 November 2000. United Nations Treaty registration No. 38455, 6 June 2002.

293
Article 4

The delimitation line between the exclusive economic zones of the Sultanate of Oman and the
Islamic Republic of Pakistan defined in article 3 of this Agreement is illustrated on United Kingdom
Admiralty Chart BA 38 (edition dated 6 March 1992) and United Kingdom Admiralty Chart BA 707
(edition dated 2 January 1997), a copy of each of which is attached hereto.3

Article 5

The Government of the Sultanate of Oman and the Government of the Islamic Republic of
Pakistan recognize and acknowledge the sovereign rights of their respective States over the seabed,
including the subsoil and superjacent waters, within the limits established pursuant to this Agreement.

Article 6

In the event of the discovery of an extension of any geological petroleum structure, individual oil
or gas field, mineral or other natural resources that cross the delimitation line defined in article 3 of this
Agreement, and the partial or full exploitation of the oil or gas field, mineral or other natural resources on
one side of the delimitation line by means of directional drilling from the other side thereof, the following
provisions shall apply:
(1) Exploitation of the aforementioned resources shall be undertaken by mutual agreement of the two States
Parties. These resources shall be divided according to the then prevailing rules and customs of international
law as well as the principles of justice and equity.
(2) A zone of 125 metres width on either side of the delimitation line defined in article 3 of this Agreement
shall not be exploited by either State Party except by mutual consent.
(3) ln the event of any dispute arising during the implementation of this article, the two States Parties shall
do their utmost to reach agreement regarding the best ways of coordinating and unifying their operations on
both sides of the delimitation line defined in article 3 of this Agreement.

Article 7

The delimitation line defined in article 3 of this Agreement is illustrated on the two charts
mentioned in article 4 of this Agreement. The delimitation line has been drawn on these charts as precisely
as is practical within the limitations imposed by their scale. These charts form an integral part of the
Agreement, and have the same legal validity as the Agreement. The charts have been prepared in duplicate,
and the two States Parties shall sign both sets and shall retain one set each.

Article 8

This Agreement shall be subject to ratification in accordance with the respective legal procedures
of the two countries and shall come into force following the exchange of the instruments of ratification
between them. A copy of the Agreement shall be deposited with the Secretariat of the United Nations.

3
Chart not included.

294
Article 9

DONE at Muscat on this 12th day of June 2000, in duplicate, in the Arabic and English languages,
both texts being legally authentic. However, in the event of any divergence in the interpretation of the texts,
the English version shall prevail.

For the Government of the Sultanate of Oman:

For the Government of the Islamic Republic of Pakistan:

295
296
Saudi Arabia and Yemen
International Border Treaty between the Republic of Yemen and the Kingdom of
Saudi Arabia1
12 June 2000
With a view to cementing the ties of brotherhood and friendship and the links of kinship that bind
the two fraternal peoples of the Republic of Yemen and the Kingdom of Saudi Arabia,
Invoking the norms and principles of the Islamic faith they share and whose foundation is
cooperation for the sake of piety and godliness,
Proceeding from the bonds woven by a common history based on cooperation and solidarity and
on the promotion of security, peace and tranquillity,
Building on the distinctive character of the brotherly relations obtaining between the leaders of the
two fraternal countries, namely His Excellency President Ali Abdullah Saleh of the Republic of Yemen and
his fellow leader the Custodian of the Two Holy Mosques, King Fahd Bin Abdul-Aziz Al Saud of Saudi
Arabia (may God preserve them), in terms of regard, candour and commitment to every means of further
enhancing and strengthening the intimate relations between the two fraternal peoples, and given their
concern to devise a permanent solution to the question of the land and maritime boundaries between their
two countries that will be found to be satisfactory and will be preserved by succeeding generations, present
and future, with respect to both the boundaries determined by the Treaty of Taif signed by the two
kingdoms in A.H. 1353, corresponding to A.D. 1934, and delimited by joint commissions in the manner set
forth in the boundary reports annexed to that Treaty and to those that have yet to be delimited,
Agreement has been reached as follows:

Article 1

The two Contracting Parties affirm that the Treaty of Taif and its annexes, including the boundary
reports appended thereto, are binding and valid. They also affirm their commitment to the Memorandum of
Understanding signed by the two countries on 27 Ramadan A.H. 1415 [26 February A.D. 1995].

Article 2

The definitive and permanent boundary line between the Republic of Yemen and the Kingdom of
Saudi Arabia shall be established as follows:
(a) First section: This section begins at the coastal marker on the Red Sea (precisely at the sea wall, Ra's al-
Mu'wajj Shami, Radif Qarad outlet) at latitude 16º 24' 14.8" north and longitude 42º 46' 19.7" east, and it
ends at the Jabal al-Tha'r marker at coordinates 44º 21' 58.0" east and 17º 26' 00.0" north. The coordinates
[of the intermediate markers] are given in detail in annex I.2 The identity of the villages located along the
path of the line in this section, including their tribal affiliation, shall be determined in accordance with the
provisions of the Treaty of Taif and its annexes. In the event that any of the coordinates should coincide
with the location of a village, the frame of reference for establishing its possession shall be its association
with one of the parties and the path of the line shall be modified accordingly when boundary markers are
put in place.
(b) Second section: This is the section of the boundary line which has not been delimited. The two
Contracting Parties have agreed to delimit this section in an amicable manner. This section begins at Jabal
al-Tha'r, the coordinates of which are given above, and it ends at the intersection of latitude 19º north and
longitude 52º east. Detailed coordinates [of the intermediate markars] are given in annex II.

1
Entered into force on 4 July 2000.

2
Annexes I and II not included.

297
(c) Third section: This is the maritime section of the boundary. It begins at the onshore marker on the sea
coast (precisely at the sea wall, Ra's al-Mu'wajj Shami, Radif Qarad outlet), the coordinates of which are
specified above, and it terminates at the extremity of the maritime boundaries between the two countries.
Detailed coordinates [of the intermediate points] are given in annex III.

Article 3

1. For the purpose of placing markers (pillars) along the boundary line beginning at the tripoint of
the two countries with the Sultanate of Oman at the intersection of latitude 19º north and longitude 52º east
and ending precisely at the sea wall, Ra's Al-Mu'wajj Shami, Radif Qarad outlet, the coordinates of which
are given in annex I and annex II, the two Contracting Parties shall engage an international company to
conduct a field survey of the full length of the land and maritime boundaries. The company concerned and
the joint team of the two Contracting Parties shall adhere strictly to the distances and bearings from one
point to the next and to the other specifications set forth in the boundary reports annexed to the Treaty of
Taif, these provisions being binding on both parties.
2. The company concerned shall prepare detailed maps of the land boundary between the two
countries, and these maps, once signed by representatives of the Republic of Yemen and the Kingdom of
Saudi Arabia, shall be recognized as official maps indicating the boundary between the two countries and
shall be an integral part of this Treaty. The two Contracting Parties shall conclude an agreement on meeting
the costs of work undertaken by the company engaged to erect the markers along the land boundary
between the two countries.

Article 4

The two Contracting Parties undertake to abide by the terms of article 5 of the Treaty of Taif as
they relate to the removal of any military position located less than 5 kilometres from the boundary line
delimited on the basis of the boundary reports annexed to the same Treaty of Taif. The boundary line that
has yet to be delimited, from Jabal al-Tha'r to the point of intersection of latitude 19º north and longitude
52º east, shall be governed by the terms of annex IV to this Treaty.

Article 5

This Treaty shall enter into force following its ratification in accordance with the procedures in
effect in each of the contracting countries and the exchange of instruments of ratification by them.
For the Republic of Yemen:
(Signed) Abdul-Qader Abdul-Rahman Ba-Jammal
Deputy Prime Minister and Minister for Foreign Affairs
For the Kingdom of Saudi Arabia:
(Signed) Saud Al-Faisal, Minister for Foreign Affairs
Jeddah, 10 Rabi' I A.H. 1421, corresponding to 12 June A.D. 2000

Annex III
Maritime boundary between the Republic of Yemen and the Kingdom of Saudi Arabia

1. The line begins at the onshore point along the sea coast "precisely at the sea wall, Ra's al-Mu'wajj
Shami, Radif Qarad outlet" at coordinates 16º 24' 14.8" north and 42º 46' 19.7" east.
2. It proceeds in a straight line parallel to the lines of latitude until it reaches the point at coordinates
16º 24' 14.8" north and 42º 09' 00.0" east.
3. It then turns to the south-west as far as the point at coordinates 16º 17' 24.0" north and 41º 47'
00.0" east.

298
4. From there it proceeds in a straight line parallel to the lines of latitude in a westerly direction to
the extremity of the maritime boundary between the two countries.

299
300
Kuwait and Saudi Arabia
Agreement between the Kingdom of Saudi Arabia and the State of Kuwait
concerning the submerged area adjacent to the divided zone1
2 July 2000
In the Name of God, the Merciful, the Compassionate
Agreement between the Kingdom of Saudi Arabia and the State of Kuwait concerning the
submerged area adjacent to the divided zone.
Strengthening and reinforcing the ties of faith and brotherhood between the fraternal peoples of
the State of Kuwait and the Kingdom of Saudi Arabia;
Affirming the unshakeable and deeply rooted relationship and bonds of love and affection between
the two fraternal countries;
In view of the desire of the Custodian of the Two Holy Mosques, King Fahd Bin Abdul-Aziz Al
Saud, King of Saudi Arabia, and his brother His Highness Sheikh Jaber Al-Ahmad Al-Jaber Al-Sabah,
Amir of the State of Kuwait, to determine the line dividing the submerged area adjacent to the divided zone
in a manner that will serve the interests of the two fraternal countries and respect their regional rights, and
pursuant to the Agreement on the partition of the neutral zone between the two countries signed on 9 Rabi`
I A.H. 1385 (7 July A.D. 1965) (hereinafter referred to as the divided zone) and the Agreement concerning
the designation of the median line of that neutral zone between the two countries signed on 9 Shawwal
A.H. 1389 (18 December A.D. 1969),
The two fraternal countries have agreed as follows:

Article 1

1. The line dividing the submerged area adjacent to the divided zone, which represents the border
between the two countries, begins on the coast at point G at geographical coordinates 28º32’02.488” north
and 48º25’ 59.019” east and passes through four points with the following geographical coordinates:
Point Latitude north Longitude east
1 28º 38’ 20” 48º 35’ 22”
2 28º 39’ 56” 48º 39’ 50”
3 28º 41’ 49” 48º 41’ 18”
4 28º 56’ 06” 49º 26’ 42”
From point No. 4, the line dividing the submerged area adjacent to the divided zone continues in
an easterly direction.
2. The provisions of paragraph 1 of this article do not prejudice the provisions of annex 1 to this
Agreement.

Article 2

The northernmost limit of the submerged area adjacent to the divided zone, beginning on the coast
at point No. 1, at geographical coordinates 28º 49” 58.7” north and 48º 17’ 00.188” east, shall be
determined on the basis of the principle of equal distance from the low-water mark. With due regard for the

1
Translated from Arabic. Original text communicated by the Permanent Mission of Saudi Arabia to the United Nations on 27
October 2000. United Nations Treaty Registration No. 37359, 29 March 2001.

301
provisions of article 8 of the Agreement on the partition of the neutral zone, the islands, shoals and reefs
shall have no effect on this limit.

Article 3

The northernmost limit fixed in accordance with article 2 of this Agreement shall be amended by
taking fully into account the Faylakah group of islands, while not prejudicing the provisions of annex 1 to
this Agreement.

Article 4

The southernmost limit of the submerged area adjacent to the divided zone shall be the line
between the two countries currently in use, which starts at point No. 5 on the coast, at geographical
coordinates 28º14’05.556”north and 48º36’06.916” east.

Article 5

The agreement between the two Contracting States concerning ownership of the natural resources
in the submerged area adjacent to the divided zone is contained in annex 1 to this Agreement, of which it is
an integral part.

Article 6

The company commissioned by the two countries to survey and prepare maps of the submerged
area adjacent to the divided zone shall determine the coordinates of the northernmost limit in accordance
with articles 2 and 3 of this Agreement and prepare the maps in their final form. Those maps shall be
signed by the representatives of both countries and considered an integral part of this Agreement.

Article 7

The Kingdom of Saudi Arabia and the State of Kuwait shall be considered as a single negotiating
party with regard to the designation of the eastern limit of the submerged area adjacent to the divided zone.

Article 8

The competent authorities in each country shall agree upon the measures and arrangements
concerning recreational fishing in the submerged area adjacent to the divided zone.

Article 9

The provisions of this Agreement do not prejudice the provisions of the Agreement on the
partition of the neutral zone between the two countries signed on 9 Rabi` I A.H. 1385 (7 July A.D. 1965) or
of the Agreement concerning the designation of the mid-point of that neutral zone between the two
countries signed on 9 Shawwal A.H. 1389 (18 December A.D. 1969).

Article 10

This Agreement shall be subject to ratification by both countries and shall enter into force from the
date on which the instruments of ratification are exchanged.
DONE in the city of Kuwait in two original copies on the thirty-first day of the month of Rabi`I in
year A.H. 1421 (2 July A.D 2000).
On behalf of the Kingdom of Saudi Arabia:
Saud Al-Faisal

302
Minister for Foreign Affairs
On behalf of the State of Kuwait:
Sabah Al-Ahmad Al-Jaber Al-Sabah
First Deputy Prime Minister and
Minister for Foreign Affairs
In the Name of God, the Merciful, the Compassionate

Annex 1
to the Agreement between the Kingdom of Saudi Arabia and the State of Kuwait
concerning the submerged area adjacent to the divided zone

The two countries have agreed that the natural resources in the submerged area adjacent to the
divided zone shall be owned in common. Those resources shall include the islands of Qaruh and Umm al-
Maradim and the area lying between the northernmost limit referred to in article 2 of the Agreement and
the northernmost limit as amended in accordance with article 3 of the Agreement.

On behalf of the Kingdom of Saudi Arabia:


Saud Al-Faisal
Minister for Foreign Affairs
On behalf of the State of Kuwait:
Sabah Al-Ahmad Al-Jaber Al-Sabah
First Deputy Prime Minister and
Minister for Foreign Affairs

303
304
Bahrain and Qatar
Case concerning Maritime Delimitation and Territorial Questions
between Qatar and Bahrain (Qatar v. Bahrain)
International Court of Justice, Judgment of 16 March 2001—Merits
(excerpt)

250. The Court concludes from all of the foregoing that the single maritime boundary that divides the
various maritime zones of the State of Qatar and the State of Bahrain shall be formed by a series of
geodesic lines joining, in the order specified, the points with the following coordinates:
(World Geodetic System, 1984)
Point Latitude North Longitude East

1 25o 34' 34" 50o 34' 3"

2 25o 35' 10" 50o 34' 48"

3 25o 34' 53" 50o 41' 22"

4 25o 34' 50" 50o 41' 35"

5 25o 34' 21" 50o 44' 5"

6 25o 33' 29" 50o 45' 49"

7 25o 32' 49" 50o 46' 11"

8 25o 32' 55" 50o 46' 48"

9 25o 32' 43" 50o 47' 46"

10 25o 32' 6" 50o 48' 36"

11 25o 32' 40" 50o 48' 54"

12 25o 32' 55" 50o 48' 48"

13 25o 33' 44" 50o 49' 4"

14 25o 33' 49" 50o 48' 32"

15 25o 34' 33" 50o 47' 37"

16 25o 35' 33" 50o 46' 49"

17 25o 37' 21" 50o 47' 54"

18 25o 37' 45" 50o 49' 44"

19 25o 38' 19" 50o 50' 22"

20 25o 38' 43" 50o 50' 26"

21 25o 39' 31" 50o 50' 6"

22 25o 40' 10" 50o 50' 30"

23 25o 41' 27" 50o 51' 43"

305
24 25o 42' 27" 50o 51' 9"

25 25o 44' 7" 50o 51' 58"

26 25o 44' 58" 50o 52' 5"

27 25o 45' 35" 50o 51' 53"

28 25o 46' 0" 50o 51' 40"

29 25o 46' 57" 50o 51' 23"

30 25o 48' 43" 50o 50' 32"

31 25o 51' 40" 50o 49' 53"

32 25o 52' 26" 50o 49' 12"

33 25o 53' 42" 50o 48' 57"

34 26o 0' 40" 50o 51' 00"

35 26o 4' 38" 50o 54' 27"

36 26o 11' 2" 50o 55' 3"

37 26o 15' 55" 50o 55' 22"

38 26o 17' 58" 50o 55' 58"

39 26o 20' 2" 50o 57' 16"

40 26o 26' 11" 50o 59' 12"

41 26o 43' 58" 51o 3' 16"

42 27o 2' 0" 51o 7' 11"


Below point 1, the single maritime boundary shall follow, in a south-westerly direction, a
loxodrome having an azimuth of 234o 16' 53", until it meets the delimitation line between the respective
maritime zones of Saudi Arabia on the one hand and of Bahrain and Qatar on the other. Beyond point 42,
the single maritime boundary shall follow, in a north-north-easterly direction, a loxodrome having an
azimuth of 12o 15' 12", until it meets the delimitation line between the respective maritime zones of the
Islamic Republic of Iran on the one hand and of Bahrain and Qatar on the other.

251. The course of this boundary has been indicated, for illustrative purposes only, on sketch-map No. 7
attached to the judgment

306
307

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