The Bangladesh government placed a bill in the parliament on Thursday on enforcing sovereignty over the maritime boundary and relevant airspace as well as creating provisions and restrictions on the movement of local and foreign commercial and warships and vessels and extraction of marine resources in the Bay of Bengal and the adjacent deep sea.
Foreign minister AK Abdul Momen initiated the bill titled The Territorial Waters and Maritime Zones (Amendment) Act, 2021, seeking a major amendment to the existing law enacted in 1974.
While exercising the innocent rights of the sea passage and over-flight, a foreign warship, including a submarine and any other underwater warship, manned or remotely controlled, may enter or pass through the territorial sea after giving prior notice to the Bangladesh government, according to the bill.
No aircraft shall enjoy the rights of innocent passage without the prior expressed consent of the Bangladesh government.
The Bangladesh government will exercise authority, under the bill, to make rules and regulations relating to innocent passage through the territorial sea in relation to the safety of navigation, preservation of the environment and prevention of infringement of customs, fiscal, immigration and sanitary laws, among others.
The Economic Zone of the old law made in 1974 is replaced by the Exclusive Economic Zone in line with the definition of the United Nations Convention on the Law of the Sea to establish absolute sovereignty over the marine boundary and its assets granting Bangladesh freedom of navigation, over-flight, freedom to construct artificial islands and other installations permitted under international laws.
Under UNCLOS-1982, all coastal countries are granted the sovereign right to a stretch of the sea extending 200 nautical miles beyond their coast, which is known as an exclusive economic zone.
Bangladesh will also have the sovereign rights and jurisdiction in the continental shelf, which is beyond 200 nautical miles from the territorial sea baseline, for the exploration and exploitation of the natural resources, construction and operation and use of artificial islands and off-shore terminals, etc.
Bangladesh’s commercial and warships and military aircrafts will enjoy complete immunity while sailing in the high seas and flying in the relevant airspace from the jurisdiction of any other foreign state.
Bangladesh will have jurisdiction over a ship scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of Bangladesh and adjacent countries.
Bangladesh will have criminal jurisdiction over a foreign ship passing through the territorial sea in connection with any crime committed on board during its passage if the consequences of the crime extend to Bangladesh.
Other countries will, however, enjoy the freedom of navigation and over-flight and other internationally lawful uses of the sea related to those except military exercise in the EEZ.
The new draft also includes a provision for the punishment for offences, including piracy, armed robbery, maritime terrorism, pollution and violators of conditions of innocent passage, illegal collection of information, in Exclusive Economic Zone, Continental Shelf and Contiguous Zone.
The provisions of video, photo, electronic records have also been included as evidence in proving the offences and incidents at sea as the witness of most of the offences are not found in the alien nature of crimes.
The bill also included provisions to install a tribunal for holding trials of crimes committed under its jurisdiction.
The bill proposed a maximum of seven years imprisonment or a monetary fine of a maximum of 110 crore taka, depending on the magnitude of the crimes committed.
The parliament sent the bill to the parliamentary standing committee on the foreign ministry for deeper scrutiny. The committee was asked to submit its report within 45 days.
Bill placed in JS to enforce sovereignty
The Bangladesh government placed a bill in the parliament on Thursday on enforcing sovereignty over the maritime boundary and relevant airspace as well as creating...www.newagebd.net
The Territorial Waters and Maritime Zones (Amendment) Bill, 2021 was passed in Parliament on Sunday to make it a more time-befitting one so that the evolving issues can be dealt with properly.
The proposed law will establish Bangladesh's sovereignty over its maritime boundary which will facilitate search and extraction of marine resources.
Foreign Minister AK Abdul Momen moved the Bill and it was passed by voice vote.
The Bill proposed maximum three-year imprisonment, or a monetary fine of minimum Tk 2 crore and maximum Tk5 crore or both for maritime pollution.
The punishment was one-year imprisonment and Tk 5,000 fine in the old law, enacted in 1974.
The new draft also includes a provision for the punishment for offences in any exclusive economic zone, continental shelf and contiguous zone.
The provisions of video, photo, electronic records have also been included as evidence in proving the offences and incidents in the sea as the witness to most offences are not found in the alien nature of crimes.
Thirty-five new sections have been incorporated in the proposed law, including the provision of criminal jurisdiction and civil jurisdiction in the entry of foreign vessels and submarines into Bangladesh maritime boundary.
It defines Remotely Operated Underwater Vehicle, Autonomous Underwater Vehicle, and Unmanned Underwater Vehicle.
The Bill extended the boundary of the contiguous zone, which is a band of water extending farther from the outer edge of the territorial sea to up to 24 nautical miles from the baseline to 24 miles from 18 miles.
The 'Economic Zone' is replaced by the 'Exclusive Economic Zone'. This has been done in line with the definition of the United Nations Convention on the Law of the Sea (UNCLOS) to establish absolute sovereignty over the marine boundary and its assets.
Under the UNCLOS-1982, all coastal countries are granted the sovereign right to a stretch of the sea extending 200 nautical miles beyond their coast, which is known as an exclusive economic zone.
Bill on sovereignty over maritime boundary passed in parliament
Foreign Minister AK Abdul Momen moved the Territorial Waters and Maritime Zones (Amendment) Bill
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