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EXCLUSIVE ECONOMIC ZONE AND THE CONTINENTAL SHELF

Category  TERRITORY AND DIPLOMATIC RELATIONS Organ of Promulgation  The Standing Committee of the National People's Congress Status of Effect  In force
Date of Promulgation  1998-06-26 Effective Date  1998-06-26  

Law of the People's Republic of China on the Exclusive Economic Zone and the Continental Shelf





(Adopted at the 3rd Meeting of the Standing Committee of the Ninth

National People's Congress on June 26, 1998 and promulgated by Order No. 6 of
the President of the People's Republic of China on June 26, 1998)

    Article 1  This Law is enacted with a view to ensuring the exercise of
the sovereign rights and jurisdiction over the exclusive economic zone and the
continental shelf by the People's Republic of China and safeguarding maritime
rights and interests of the State.

    Article 2  The exclusive economic zone of the People's Republic of China
is the area adjacent to and beyond the territorial sea of the People's
Republic of China, extending as far as 200 nautical miles measured from the
baseline that is used for calculating the breadth of the territorial sea.

    The continental shelf of the People's Republic of China is all natural
extensions following the land territory of the State and beyond the
territorial sea of the People's Republic of China, extending as far as the bed
and subsoil of the undersea area on the outer fringe of the continent; or
extending as far as 200 nautical miles in case where it is not more than 200
nautical miles measured from the baseline, which is used for calculating the
breadth of the territorial sea, to the outer fringe of the continent.

    Where the claim of the People's Republic of China for the exclusive
economic zone and the continental shelf overlaps with that of other country
adjacent or opposite in their seacoasts, a boundary shall be determined under
the principle of equity and based on the international law.

    Article 3  The People's Republic of China exercises sovereign rights for
the purpose of exploring, exploiting, conserving and managing natural
resources in water areas above the seabed, in seabed and subsoil of the
exclusive economic zone as well as for the purpose of other economic
activities of exploitation and exploration such as utilization of seawater,
sea current and wind power to produce energy.

    The People's Republic of China exercises jurisdiction in relation to
construction and exploitation of artificial islands, installations and
structures as well as maritime scientific research, protection and
conservation of maritime environment in the exclusive economic zone.

    Natural resources in the exclusive economic zone mentioned in this Law
include living resources and non-living resources.

    Article 4  The People's Republic of China exercises sovereign rights over
its continental shelf for the purpose of exploring the continental shelf and
exploiting natural resources in the continental shelf.

    The People's Republic of China exercises jurisdiction in relation to
construction and exploitation of artificial islands, installations and
structures as well as maritime scientific research, protection and
conservation of maritime environment in the continental shelf.

    The People's Republic of China possesses the exclusive right to authorize
and manage drilling operations in its continental shelf for any purpose.

    Natural resources in the continental shelf mentioned in this Law include
minerals and other non-living resources in the seabed and subsoil, as well as
organisms of resident species that, at the fishing seasons, are immobile on or
under the seabed or mobile only by keeping their bodies clinging to the seabed
or subsoil.

    Article 5  Entry of any international organization, foreign organization
or individual into the exclusive economic zone of the People's Republic of
China for fishing activities must be subject to the approval of the competent
authorities of the People's Republic of China, and must conform to the laws
and regulations of the People's Republic of China and treaties and agreements
to which the People's Republic of China and other countries involved are
signatories.

    The competent authorities of the People's Republic of China shall have the
power to take all necessary measures of conservation and management ensuring
that living resources in the exclusive economic zone are protected from
excessive exploitation.

    Article 6  The competent authorities of the People's Republic of China
shall have the power in its exclusive economic zone to conserve and manage the
trans-boundary population, highly migrating fishes, marine mammals, anadromous
spawning population orignating in rivers of the People's Republic of China,
and downstream spawning fishes speading most of their life cycles in the water
areas of the People's Republic of China.

    The People's Republic of China has principal interests to the anadromous
spawning population orignating in its own rivers.

    Article 7  Any operations of exploration and exploitation of natural
resources in the exclusive economic zone and the continental shelf of the
People's Republic of China, or any operations of drilling in the continental
shelf of the People's Republic of China for any purpose, by any international
organization, foreign organization or individual, must be subject to the
approval of the competent authorities of the People's Republic of China, and
must conform to the laws and regulations of the People's Republic of China.

    Article 8  The People's Republic of China has the exclusive right to
construct, manage and authorize to construct, operate and utilize artificial
islands, installations and structures in its exclusive economic zone and its
continental shelf.

    The People's Republic of China exercises exclusive jurisdiction over
artificial islands, installations and structures in its exclusive economic
zone and its continental shelf, including jurisdiction based on laws and
regulations governing matters of Customs, finance, public health and entry and
exit.

    The competent authorities of the People's Republic of China has the power
to set up safety belts surrounding artificial islands, installations and
structures in the exclusive economic zone and the continental shelf, and may
take proper measures in such belts ensuring navigation safety and the safety
of artificial islands, installations and structures.

    Article 9  Marine scientific research by any international organization,
foreign organization and individual in the exclusive economic zone and the
continental shelf of the People's Republic of China must be subject to the
approval of the competent authorities of the People's Republic of China and
must conform to the laws and regulations of the People's Republic of China.

    Article 10  The competent authorities of the People's Republic of China
has the power to take necessary measures for preventing, eliminating and
controlling pollution to marine environment and protecting and conserving
marine environment of the exclusive economic zone and the continental shelf.

    Article 11  All country, provided observing the international law and laws
and regulations of the People's Republic of China, enjoy the freedom of
navigating in and flying over the exclusive economic zone of the People's
Republic of China, enjoy the freedom of laying down submarine cables and
piping in the exclusive economic zone and the continental shelf of the
People's Republic of China, and enjoy other convinences related to the freedom
above-mentioned for legal use of ocean. The route of laying down submarine
cables and piping must be subject to the consent of the competent authorities
of the People's Republic of China.

    Article 12  The People's Republic of China may, when exercising sovereign
rights to explore, exploit, conserve and manage living resources in its
exclusive economic zone, take necessary measures such as boarding, search,
arrest, seazure and imposition of judicial process ensuring the observance of
laws and regulations of the People's Republic of China.

    The People's Republic of China has the power to take necessary measures
against acts violating laws and regulations of the People's Republic of China
in the exclusive economic zone and the continental shelf, investigate for
legal liabilities according to law, and may exercise the right of hot pursuit.

    Article 13  Other rights of the People's Republic of China to its
exclusive economic zone and its continental shelf, which not provided for by
this Law, shall be exercised in accordance with the international law and
other relevant laws and regulations of the People's Republic of China.

    Article 14  No provisions of this Law can prejudice historical rights of
the People's Republic of China.

    Article 15  The Government of the People's Republic of China may formulate
relevant provisions in accordance with this Law.

    Article 16  This Law comes into effect as of the date of promulgation.



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