NEW SURINAMESE 200-MILE ECONOMIC ZONE IMPLEMENTING REGULATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08C01297R000700180002-6
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 21
• Document Creation Date: December 27, 2016
• Document Release Date: September 13, 2012
• Sequence Number: 2
• Publication Date: October 29, 1979
• Content Type: CABLE

1 _
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HANDLING
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TO: Department of State / SI
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..DEPARTMENT PLEASE PASS. BRASILIA, GEORGETOWN,
PORI OF SPAIN I
FROM: Amembassy PARAMARIBO
E.O. 11652:
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DEPT. DISTRIBUTION
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DATE: October 29, 1979
N/A:
IFIS, NS
NEW SURINAMESE na-mku ECONOMIC ZONE IMPLEMENTING
REGULATIONS
1. This airgram contains proprietary information which
may be released, but should not be attributed or
identified.
2. As reported earlier, the Government of Suriname in
June, 1978 circulated copies of a new law promulgating
a 200-mile economic zone off the coast of Suriname.
While the covering document stated the new zone would
come into effect as of June 11, 1978, necessary
regulations implementing the new law were not forth-
coming; later, the Government announced these regula-
tions would be published, and come into effect, on
November 1, 1979.
3. Though we have not yet been able to obtain an
officially-approved copy of the regulations in final
form, it appears likely they will be issued essentially..:-...
as written in the earlier draft attached (in English).
We will report by cable any changes which may be made
in the final version.
4. Under these regulations, all fishing vessels of
whatever registry will be required to obtain licenses,
for which a fee will be required. No fee amount or
formula is stipulated by the regulations. The regula-
tions appear to make no practical distinction between
Surinamese and foreign vessels in terms of rights or
obligations, but we assume that, as they are applied
--..144.1=1:69=G.E=1=14=14A:=1;14.-?
CLASSIFICATION
DRAFTED BY:
DCM:NLPazdral/hps
1DRAFTING DATE PHONE NO. CONTENTS AND CLASSIFICATION APPROVED BY:
10/29/79 AMB:NOstrander
CLEARANCES:
ECON:ACampbellk-
OPTIONAL FORM 247
(FORMERLY FS- 05423)
'?,MARCH 1975
'DEPT. OF STATE
50247-101
GPO: 1975,0 - 579-100
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in practice, Surinamese vessels will enjoy advantages, at
least in obtaining licenses, over foreign vessels. As the
regulations are written, they appear to require even foreign
vessels to be operated by persons "having their registered
office in Suriname and...recorded as such in the Registers
of the Suriname Chamber of Commerce," a provision which pre-
sumably would prohibit itinerant fishing operations without
offices here, even though the vessel might call regularly,
and sell its catch, at Paramaribo. The regulation also
requires that all vessels "see to it that the greater part
of the catch is processed in Suriname."
5. The new regulations echo the language of the law in pre-
scribing penalties of up to one year imprisonment, and/or a
fine of a maximum 100,000 Surinamese Guilders (US $56,500.00;
US $1.00 = Sf. 1.77)for "non-intentional" infractions of
these regulations. For willful violations, the penalties
increase to fines of a maximum Sf. 500,000.00 (US $282,485.00)
and/or imprisonment for up to six years. Confiscation of
vessel, gear and catch is also mandated by the new regula-
tions in case of violations.
6. While no time limit is set in the new regulations for
the procurement of a license, it seems likely the government
will allow some period of grace, especially for vessels now
established here. However, since the regulations call for
publication of the Central Fishery Register in January of
each year, this is a likely ultimate date for completion of
the licensing campaign, if not finished sooner.
7. According to the manager of the large Castle & Cooke
shrimp processing operation here, the new licensing require-
ment is likely to cost him between Sf. 1500 and 3000(US $850
to $1500) per boat per year, not a significant factor. He
sees some benefit to established fishermen here in that the
new regulations, theoretically, might prevent "raids" on the
Suriname shrimp beds during thbse rare seasons when the
fishing is better here than in adjacent waters, and (also
theoretically) eliminate trawling operations, chiefly by
Venezuelan boats, which disrupt the shrimp fishery. The
Surinamese Government may possibly establish a new radio
communications facility at the Bethesda boat repair facility
on the Suriname river near Paramaribo; Cook indicated this
would be a slight "plus" for his operations as well, since
communication capability with the boats, which typically
stay out 40 to 60 days, is now poor.
8. Suriname, while it now has several patrol boats capable
of enforcing (or at least patrolling) the 200-mile limits,
has almost no one able to operate them at sea, nor does it
appear the Surinamese Defense Force has any training
? program in progress, or planned. One junior member of the
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Defense Force is currently in the Netherlands undergoing
what appears to be a four-year course which would qualify
him as a junior-grade seagoing officer. iCrew, however,
would still be lacking. So far as we can determine, the
Dutch--to whom the Surinamese look for much of their required
technical skills--currently have no plans for any training
program, and do not appear prepared to furnish crews or
officers themselves.
9. Enforcement, at least as discussed at a meeting called
by Defense Force Commander Col. ELSTAK (an Infantry officer)
some months ago, would be "cooperative:" licensed vessels
would be expected to keep watch for unlicensed vessels, and
to report their presence by radio.
10. The 1978 law enumerates Surinamese economic rights not
only in coastal and territorial waters and the airspace
above, but also with regard to the seabed and subsoil. The
new regulations, however, deal only with fishing rights in
the 200-mile zone. In addition to stipulating conditions
for registry of fishing vessels, inspection and licensing,
the new regulations also reserve the right to regulate
further (but without actually doing so) with regard to
prohibited catch or methods, size of fish, quotas and closed
seasons or zones.
11. In view of the relatively severe penalties even for in-
advertent violation of these new regulations, we believe
widest possible dissemination of the new rules should be
made to U.S. fishermen likely to operate in or near
Surinamese waters.
OSTRANDER' '
(Y.)
Att: "The Two Hundred Mile Fishery Zane"
issued at Paramartbol Aprtl 14, 1.178
"Law Containing the Extension of the Territorial Sea
of the Republic of Suriname and the Establishment of
a Contiguous Economic Zone" issued at Paramaribo,
April )4; 1978
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a. "The Law"
Parainaribo A-23
Enc 1
The Two Hundred Mile Fishery Zone.
?Chapter
General Definitions
Artikel 1
: The law of 111 April 1978 containing expansionn
of the territorial sea of the Republic of
Surinam and the establishment of the bordering
of the economic zone.
b. "The Minister' : The Minister of Agriculture.
c."The Director" Y The Director of Agriculture.
d."The Fishery Zone" : A zone, which contains the territorial Sea,
as meant and described in art 1 and 2 of
the law as well as the economic zone, as
? meant and described in art. 3 of the law.
e."To. Fish" : A., The launching, floating and docking of
fishing vessels as well as the use of
another source to catch fith.
B. Every other occupation which results In
catching fish.
C. Every occupation in support of or
supplying of fishing vessels including
the purchase, processing, preparation,
storing, freezing or transportation of fish.
f."Fish" : Fish and parts of fish, shellfish as well as
animal and vegetable organisms which form part
? of, the natural richness of the sea, with
the exeption of birds.
g."Sea Fishery" : The fishing in the fishery zone.
h."Fishing Vessel" : A vessel which is being used for remunerative
purposes or which is destined to be used for
sea fishery.
The operator of a fishing vessel.
i."Ship Owner"
J."Board"
k."Harbor Master"
: The Board of consult for sea fishery as meant
in art. 26.
: The Head of Port of the Ministry of Public
Works.
Article 2
'
1. For the purposes of this decree Surinamese fishing vessel
s411 be understood to tean a fishing craft -
a.- which is owned either for at leat fifty per cent by Surinamers
or for at least twenty-five per bent
by: Surinamers and for at' least; fifty per cent by Surinam
residents, and.
b. which docks or will dock regularly in Suriname, and
c. the operator of which has his registered office in Suriname.
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2. In this article Surinamers shall be understood to re:
1, Partnerships and limited partnerships having their registered
office in Suriname and all severally liable partners of which
are Surinamers; ,
2. joint stock companies incorporated under Surinamese laws and
having their registered office in Suriname of which at least
. fifty percent of the issued share capital is owned by Surinamerii;
B. Associations or foundations formed under Surinamese laws and
registered in Suriname, Of which the majority of the committee
members consists of Surinamers residing in Suriname.
3. In this article residents of Suriname shall be understood'to be:
1. Partnerships and limited partnerships having their registered
office in Suriname and all severally liable partners of which
are Surinam residents;
2. Joint stock companies incorporated Under Surinamese laws and
having their registered office in Suriname, of which at least
fifty percent of the issued share capital is owned by Surinam
residents;
B. Associations or foundations formed unger Surinamese laws and
registered in Suriname, of whichthe majority- of Committee
members consists of residents of' Suriname.
Article 3
4 For the purposes of this Decree Surinamese fishing craft shall
be understood to mean a fishing craft inecase
a. it docks or will dock regularly in Suriname, and
b..the operator has his registered office in Suriname and is recorded
as such in the Registers of the Surinam Chamber of Commerce, and
c. under an agreementLthe operator has the disposal thereof for
at least three years, a' transcript of which agreement, if
necessary accompanied by a translation in Dutch, shall be
deposited with the 'Harbor Master, and
4. the shipowner has declared to the Harbor Master in writting
that he agrees to the registration of such fishing craft in
the Central Fishery Register, and
e. the operator sees to it that.the greater part of the catch 15
proOessed in Suriname.
Article 4
For the purposes of this Decree a foreign fishing craft
admitted in Suriname shall .be understood tb be a fishing craft
?a. which docks or will dock regulartly in Suriname, and
b: whose operator has an office in $uriname and has been
recorded as such in.the'Register of the Surinam Chamber
- of Commerce, and
c. whose operator sees to 'itthat the, greater part of the ?
catch is processed in Suriname.
__Article 5
For the purposes of this Decree a foreign fishing craft
ha he understood to be any fishinp craft not falling under
2 . .
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Chapter II
Registration of fishing vessels
Article 6
The Harbor aer keeps a Central Fishery Register consisting
or "J pa. In part .4 Surinam fishing vessels are registered ? as ? .
meant in art. 2. In part B, Surinam fishing vessels are registered
hS meant in art. 3. In part C, foreign fishing vessels are registered as
meant in art. 4.
2. - To obtain registration in the Central Fishery Register, the
boat owner has to apply on a registration form which will be provided
ffee by the Minister of Public Works.
3. The registration can be applied for and will be granted only
for part A, &or-C.
Article 7
?
1. Together with delivering the, completed, signed form, the
supporting documents will be consulted to seethat the fishing
vessel meets the requirements in art 2,3 or 4 and the agreement,
meant in art 3 sub c and the statement in art sub dare also
being consulted.
-2. After receiving the form, and the supporting documents meant
. in. sub 1, the Harbor Master decides withing 30 days if the request
for registration is accepted or not.
3. ' In case of an incomplete form or missing of the necessary
supporting documents and documents, the signer has the opportunity
once, to complete the missing documents or to consult' ofthe missing
supporting documents, within a term appointed by the Harbor Master.
4. If the missing documents have not been, completed according
to the term appointed in sub 3, the Harbor Master will not take
the application into consideration.
Article 8
1. The Harbor Master?informs the applicant .of the refusal,
per registered letter, in which he states.reasons of the refuSa
2. The .party concerned may give notice of appeal at the
Court of Justice, within 30 days.
Article 9
1. After registration the Harbor Master sends the applicant
a registration certificate in duplicate form which has to be
paid for.
The Minister of Public Works determines the amount to be paid
for the registration certificate. The Minister of Public 1tork5
determines the form and lay-out of registration certificate
and it will be published in the "Advertentieblad van de Republiek
Suriname".
The registration certificate should contain:
a. the character and number under which the vessel is registered.
b, the name of the vesSel,
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cc. the part, in which the vessel is registered,
d. the measures
e- description of the veasel.accerding,t6 the registration.
name and ad6ress of boat owner(s).
name and address of shipowners.
? Article 10
1. The CentralFFishery Register is public...
2. 'Everyone can get information from the Central Fishery
Register.against:payment of a, certain amount.
Article 11
A Surinam fishing vessel sails the Surinam flag.
Article 12
1. The owner of a Surinam fishing vessel or a foreign fishing
vessel, that is permitted.into Suriname, has to inform the Harbor
Master of every -change, which may result in a change of what is
registered in the Central Fishery Register. This has to be done
within one week' after the change.
?
2.
The Harbor Master will cancel the registration;
a.on request of the owner
b.-officially if it has appeared that they no longer meet the
? requirements to register as a Suriname fishing 'vessel oras
,a foreign fishing vessel that is permitted into Suriname,
c. officially when heis not fully informed in time, of the
change in sub 1.
3.. The, harbor Master informs the owner of the vessel of the
cancelation by teans'of.a registered letter in which he states
the 'reasons of cancelation.
4. The harbor Master ihforms;the Director immediately of the
cahcelation.
5. Through the cancelation the qualty? of the Surinam fishing
vessel or foreign fishing vessel, WhiChie permitted into Surinam
is disqualified.
6. : , Party concerned may give notice of appeal at the-CoUrt-of
Juatice.within00 days.
Chapter HT
License for sea fishery
Article 14
1. The owner of the fishing vessel applies for a license to fish
at sea, On 4 form Which is freely provided by the Harbor Master.
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,2 Together with delivery of the completed, signed form to the
Harbor Master, the enclosures mentioned in art: 15 will be discussed.
In case of an incomplete form or missing of enclosures,
wntioned in art 15, the applicant is give!n ohportunity one more ?
rue to complete iL saing documen-Go or to.dcw;u the missing
..?,,,r0Aul.os, 'within a term appointed by. the Harbor Master.
If the missing documents have not been -completed within the-
. term appointed.in .sub 3, the Harbor Master will not take the
application into consideration.
Article115
1. The owner of the fishing vessel encloses the following
supporting documents with form mentioned in art. 14 sub 1.
a, a list containing the names and addresses of .the captain
and other crewmembers,
b. a recent picture or recent pictures of the fishing vessel
which clearly shows the name and registration numbers Of
the fishing vessel.
c. a description of the fishing gear and the methods with which
the vessel will fish, which are aboard the vessel.
d. A description of the radiocommunication sources and other
possible electrical or electronical apparatus, present
aboard the vessel.
. a description of what fish you 4111 catch.
Article 16
1. The Harbor Master forwards the form received, together with
the enclosures as well as a copy of the registration certificate for
the concerned vessel, as soon as possible to the Director.
2. The Harbor Master may enclose his comments
3. The Harbor Master issues the signer., a dated certificated of
notification Of submittance to the Director.
Article 17
1. Before January 20 of each year the Minister publishes in the
"Advertentieblad of the Republiek of Suriname" as well as 111 two
newspapers, the date the application forms as meant in art 14 sub
1, will be obtainable from the Harbor Master. Also the maximum
number of licenses that will be issued that year per kind of fish,
mentioning the distribution of the in part A,B or C of the Central
Fishery Register, recorded fishing vessels and foreign vessels.
With the announcements as mentioned in sub 1, the Minister
after hearing the Board, also publishes the general conditions under
which the license will be issued. The: general cOnditions are amongst
other the permitted catch equipment and catch methods and the mesh;
the seasons in which fishing is allowed, the minimum measures of the
caught fish, the maximum of the quantities of fish to be caught and
the way to,,report the catches.
They will be .printed on the reverse side of' the license.
3. The .Minibter may also add special conditions or commitments
which only hold for. a special vessel or. group.
? - ?
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Article 18
? . Within 30 days after the date, of the notice of acknOwledgement.
of submittande to the Direcotr as covered in art 16 sub 3, the Minister?
in contravention of art 6, sub 1, of the law 13SUOS the license which
has: a validity up .to ,1 year and appears as I original copy and 1
,uplicate.
2. The License cannot be transfered..
3- In the case of issuing a license, the Harbor Master informs
the signer of the in art. 14, sub 1., meant forM, written or oral,
that both copies meantAll sub 1, can be obtained at his office. '
On receiving the documents the amount 'mentioned in Art. 19 has ?
to be paid - exept in the case of foreign vessels - on presentation
of the in art. 21 meant certificate of seaworthyness.
* 4, . A refusal to a request for a license will be informed by
the Minister within 30 days by a registered letter stating the
reasons, after the date of the in art. 16 "submittance to the Director.
* 5. The party concerned may give notice of appeal at the Court
of Justice, against the negative decision or the special Conditions
or commitments attached,. within 30 days after submittance of the ?
negative decision or in case of issuing the license, the special
? condition's or. commitments, as. meant in art 17 sub 3, attached to it:
Article 19
It is compulsarY to pay a certain amount to the Government, for
the license. This amount is determined by the Minister, after he
has consulted the Board. At the same time it is published as meant
In art. 17, sub 1. At determining the amount, the Minister can
distinguish between the in part A, B or C registered vessels and
the foreign vessels in the Central Fishery Register, as well as
distinguishing the variety of fish on which you. are allowed to
catch or distinguish between the sizes of the engine capacity
or the Vessel
'Article 20
? The Minister withdraws the license, stating the reasons:
e.? on request of the owner of the license,
b, on account of activities which violate: one or more conditions
or obligations under which it was granted.
c, when the owner of the license is adjucated in bankruptcy or
when suspension of payment is granted.
d., when the condition's and obligations stated in art. 25
are violated.
e. when the capacity/acknowledgement of the Suriname or foreign
vessel, which is permitted in Suriname has been disqualified.
2, Parties concerned may give not 'e of appeal at the Court of
Justice withine 30 days.
Chapter IV
Certificate of Seaworthyness
--Article. 21
1. ? The Harbor Master Issues the Certificate of'Seaworthyness
'If, the offt,orq of the Nnvql 'arn nnnvin^ed tilt.% the
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Suriname and foreign vessels on land as well as spa, meet
the necessary requirements allowed in Surinathe,
2, The certificate for seaworthyness is,granted-for a period
9L2 years'.
The form, ly-out and contents of the certificate of
seaworthyness is determined by the Minister of Public Works.,
which,will be published in "Het Advertentieblad van Suriname".
? Chapter V
Special Provisions
Article .22
.1.. .The :captain of a-vetsel which is not. a foreign one;. has
to see to it that the following is aboard his ship:
a.. a copy. of the registration certificate,
b. the.original or a copy of the license'.'
.0. theacertificate of seaworthyness
2- -The captain Of. a foreign vessel has to see to it. that
..original or copy of the license are aboard the ship.
. At the first.request'of-the controlling officer the
registration- certificate, license or the certificate. .of SeaWOrthyness
has-to be.presented-and.if-asked surrendered.
the
Article 23
The foreign vessel will only receive the license when there. is
International Agreement between Surinam and the country of
registration Of the foreign vessel,. regarding fishing in .the
fishery zone, of the Republic of Suriname and inthe waters of that
country.
Article
Article 24
Article 25
?
. .
1. ? ?To protect and to maintain the total number of fish; -
-further regulations may be issued.: .
1. aprohibition to catch a certain kind'of?fish.:
2, a prohibition to catch .certain kinds of fish during 4
'certain period or on certain dabs
3.'a prohibition to use certain catch'methcides Or fishing ?
gear.-
a prohibition to catch' fish under a certain minimum size.
5. a prohibition to hatch fish on certain fishing groun6
6. a prohibition to catch fish above a certain maximum quantity,
distinguishing the various kinds of fish.
2. As much as possible, the regulations in cAlb 1, will_be
Printed On the reverSe7Side-Of ,
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I
?Article 26
1, No one is allowed, without a license previously issued by
government decree, to engage in activities in the economich.zone
which constitute an infringement of the rights st.ated in art. ?
neneral conGitions which a licenSe holder will have to meet
w.,y'oe laid down by Government decree,' Moreover, when a license
is granted, special conditions may be made in it .or .obligations
attached to it.
3. A license may be revoked at all times on account of activities
which violate one or more conditions or obligations under which it
was granted and,'furthermore, at the exclusive discretion of the
appropriate authority, on the ground of reasons which derive from ?
the public interest or if the national interest may so require.
Viimilar.decision will mention the grounds on which it is based.
In special oases this may be omitted: . ?
?
Article 27
1. Intentional violation of the provisions stated in orreaulting.
from this law will be punishable with .ar.prison term of maximum six
years and'a fine of maximum five hundred thousand guilders,
2. - . In the ease of ?prison sentence, the judge ?may impOse
as well, ?
a fine
Article 28
1. Non-intentional violation of.the provisions stated in or
resulting from this law will be punishable with a jail term of
-maximum one year or a fine of maximum one hundred thousand guilderS:
2. In the case of a jail sentence the judge may impost a fine
?
. '
as
Article 29
A person who does not fulfill one or more.conditias. attached to the
license, as stated. in article 6,.or who does not do so on time or -
? in full, or a.persbn who acts in violation of such conditions, will
be punished with a fine of maximum one hundred thousand guilders.
Article 30
The acts made punishable in article 27 Will be considered as criminal
offenses and those. made punishable in articles 28 and 29 as misdemeanors.
Article 31
The. objects used to commit offenses as described in Articles 27, 28 '
.and 29 as well as goods obtained from tne offense, may. be Confiscated.,
Article 32
1.' If the offender is unknown or has died before the start of the
prosecution, the confiscation. may be decided upon by judic&al decree,.
at the request of the public prosecutor. '
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2. The decree wilrobe.made public by the register in the . ?
Advertentieblan of the Republic of .Suriname and/or in ore or. more
newspapers to be chosen by the judge. ?
The decree will take effect, except if a party concerned ..
riles a petition with the registrar within two months after publication
and if it appears in the course of further investigation, that no
offense was committed regarding the matter in question.
4. - During fourteen days the attorney general has the right to
appeal decrees issued in accordance with paragraph 1, to the- .
Court. The same applies to decrees issued On account Of-paragraph 3, .
resulting from alpetitiOn. - ?. , .
? Article 33 .
If one of the acts made punishable in articles 27, 28 and 29 is
committed by or through a group or corporation, criminal prosecution
will be instituted and the sentence pronounced against the one who .
ordered the perpetration of the act or who was the actual leader
of the?unlaWfUl activity or neglect.
Article 34
1.? . The public prosecutor has the authority, in the case of acts
made punishable by articles 27, 28 and 29, to lay down Conditions
the voluntary fulfilment of which will cnacel the right to
Prosecution.
2. ? The legal provisions which apply in this matter to mesdemeanors
.will'be applicable in a Smitlar fashion, to.criminal- offenses as
deacribed in art. 27. ?
Article 35
1. With the investigation of acts made punishable by this law
are charged, besides persons assigned by article 28 of the Penal -
Code, persons belonging to the armed 'forces 6f Suriname. and/or
other persons, especially assigned by the Minister of Justice and
Police.
2. The investigators are at all times authorized to confiscate,
or claim for confiscation,. all objects which may lead to the dis-
:covery of the truth or of which the confiscation or .destruction,'
total or Partial, may be ordered. -
Article 36
1. If the goods confiscated on the ground of article 35 contain
perishables, the Attorney General may grant permission for the .sale
of these goods or merchandise. ?
2_ The sale will be conducted in publio by the investigators,
and according to local custom 4 "
3.. Proceeds from the sale of goods or merchandise as mentioned
above may be confiscated.
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Article 37
If the matters dealt with in this law require amending for the
nake of its proper execution a government decree may be issued
that effect.
Article 38
This law will take effect on the day following the day of its
proclamation.
Issued at Paramaribo, April l4, 1978
Johan H. Ferrier
The Minister of General and Foreign Affairs, H.A.E. Arron
The Minister of Justice and Police, S. Badrising
The Minister of Agriculture, Animal Husbandry and Fisheries,
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Paramaribo- A-23
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, ? (./OefaXee.,,
Ar.bassador:Extraordinary and
Plenipotentiary of the U.S.A.
? Dr. S. Redmondstraat 13
Alhier.
Ver/4e,
/e4lairy.41, .v:57
CCASS/1/.
So. 1376 1 June 1973'
Excellency,'
I have the honour to transmit to you the unofficial translation
iu Leilieh of the twit of the Law contoinin; tho =tension of the tsrritcrial
Sea of the Republic of Suriname and the establishmaut of a contiguous eco-.
nonic sone thith will cone into affect from 11 Jun4 1973.
I have the honour to'ruquaat that said nnoffidial tratsletion be
circulated to all ebtber ?States of the United NatiOnec
? qkir, Heilwealer
Permanent Permaa= Pept6e=nr.-.L?1e
of the Republic of Suriname t..) tte.
Unizad. Jations
n.a. Mr. aurtUaldheim
Secretary-General
United &miens
?
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LAW CONTAINING THE EXTENSION OF THE TERRITORIAL SEA OF THE REPUBLIC OF 'SURINAME
AND THE ESTABLISHMENT OF A'CONTIGUOUS ECONOMIC ZONE.
11c PRESIDENT OF THE REPUBLIC OF SURINAME. ?
HAVING CONSIDERED?THAT IT IS DESIRABLE TO EXTEND THE TERRITORIAL SEA OF
THE REPUBLIC OF SURINAME. AS WELL AS TO ESTABLISH A CONTIGUOUS ECONOMIC
. ZONE. HAS. HAVING HEARD THE ADVISORY BOARD AND IN CONSULTATION WITH
PARLIAMENT RATIFIED THE FOLLOWING LAW:
ARTICLE I
I. THE SOVEREIGNTY .OF. THE REPUBLIC OF SURINAME EXTENDS BEYOND THE LAND
TERRITORY AND THE INTERNAL WATERS TO:
A. A BELT OF SEA ADJACENT TO ITS COAST AND DESCRIBED AS THE
. TERRITORIAL SEA;
THE AIR SPACE ABOVE THE TERRITORIAL SEA AND
THE SEAuPBED AND THE'SUBSO.IL OF THE TERRITORIAL SEA
.THE REPUBLIC OF SURINAME EXERCISES THIS SOVEREIGNTY WITH DUE OBSERVANCE
?
OF 1HE RULES OF INTERNATIONAL. LAW.
ARTICLE 2 . ?
THE OUTER LIMIT OF THE TERRITORIAL SEA IS DETERMINED BY A LINE. EACH POINT
OF WHICH IS SITUATED AT A DISTANCE OF 12 NAuncti. vacEs FROM THE NEAREST
POINT ON THE LINE OF THE LOW-WATER MARK ALONG THE SHORE. THE SO-CALLED
BASELINE,
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ARTICLE 3
THE BELT OF SEA ADJACENT TO AND EXTENDING FROM 1HE OUTER LIMIT OF THE
ir,-JRITORIAL SEA OF THE REPUBLIC OF SURINAME TO A DISTANCE OF 200 NAUTICAL
MILES, MEASURED fliom.THE LINE OF THE LOW-WATER. MARK ABBEFINED IN ?
ARTICLE 2 OF THIS LAW, IS CONSIDERED THE ECONOMIC ZONE,
?
ARTICLE 1I
IN THE ECONOMIC ZONE THE REPUBLIC OF SURINAME HAS SOVEREIGN RIGHTS
CONCERNING THE EXPCORATION, EXPLOITATION, CONSERVATION AND MANAGEMENT
OF NATURAL RESOURCES. LIVING AS WELL AS NON-LIVING. ON THE SEA-BED
AND IN THE SUBSOIL AND THE SUpERJACENT WATERS,
2, WITHOUT PREJUDICE TO THE. ABOVE IT CAN BE DECREED THAT THE PROVISIONS
OF. THIS LAW AND THE INSTRUCTIONS BASED THERON:SHALL ALSO APPLY TO:
,
A. ,TO ERECT AND USE ARTIFICIAL ISLANDS. INSTALLATIONS AND SIMILAR.
STRUCTURESIo.
B. TO PROTECT THE SEA ENVIRONMENT, THIS INCLUDES TAKING MEASURES
AGAINST POLLUTION;
C. To CONDUCT SCIENTIFIC RESEARCH AND EXPERIMENTS;
D. To EXTRACT ENERGY FROM WATER CURRENTS AND WINDS;
?
E. :TO ENGAGE IN OTHER ACTIVITIES AIMED AT THE ECONOMIC EXPLORATION
.AND EXPLOITATION OF THIS ZONE...
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S
?
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? ARTICLE 5 ?
IN THE ECONOMIC ZONE DESCRIBED ABOVE. ALL NATIONS, WITH DUE OBSERVANCE
OF THE INTERNATIONAL LAW, ENJOY:
.1.i, FREEDOM OF NAVIGATION;
2. FREEDOM OF OVERFLIGHT;
3., FREEDOM TO LAY SUBMARINE CABLES AND PIPELINES;
? 4. FREEDOM TO EXERCISE INTERNATIONALLY RECOGNIZED RIGHTS IN
CONNECTION WITH NAVIGATION AND 'COMMUNICATION.
ARTICLE 6
NO ONE IS ALLOWED WITHOUT A LICENSE PREVIOUSLY ISSUED BY GOVERNMENT
DECREE. TO ENGAGE IN ACTIVITIES IN THE ECONOMIC ZONE WHICH CONSTITUTE
AN INFRINGEMENT OF THE RIGHTS STATED IN ARTICLE 4.
GENERAL CONDITIONS WHICH A LICENSE HOLDER WILL HAVE TO MEET MAY BE
LAID DOWN BY GOVERNMENT DECREE. MOREOVER, WHEN A LICENSE IS GRANTED.
SPECIAL CONDITIONS MAY BE. MADE IN IT OR 'OBLIGATIONS ATTACHED TO
A LICENSE MAY BE REVOKED AT ALL TIMES ON ACCOUNT OF ACTIVITIES WHICH
VIOLATE ONE 63 MORE CONDITIONS OR OBLIGATIONS UNDER WHICH IT WAS
'GRANTED AND. FURTHERMORE, AT THE EXCLUSIVE DISCRETION OF THE APPROPRIATE
AUTHORITY, ON 7HE GROUND OF REASONS WHICH DERIVE FROM THE PUBLIC
INTEREST OR IF THE NATIONAL INTEREST MAY SO REQUIRE
A SIMILAR DECISION WILL MENTION THE GROUNDS ON wo;c11 IT IS BASED.
IN. SPECIAL. CASES ThIS MAY Bg OMITTED.
I
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, ARTICLE 7
L INTENTIONAL VIOLATION OF THE PROVISIONS STATED IN OR RESULTING FROM
THIS LAW WILL BE PUNISHABLE WITH A PRISON TERM OF MAXIMUM SIX YEARS
AND A FINE OF MAXIMUM FIVE HUNDRED THOUSAND GUILDERS,
IN THE CASE. OF A PRISON SENTENCE, THE JUDGE MAY IMPOSE A FINE AS
WELL.
ARTICLE 8
NON?INTENTIONAL VIOLATION OF THE PROVISIONS STATED IN OR RESULTING
FROM THIS LAW WILL BE PUNISHABLE "WITH.A JAIL TERM OF MAXIMUM ONE
YEAR OR A FINE OF MAXIMUM ONE HUNDRED THOUSAND GUILDERS,
IN THE CASE OF A JAIL SENTENCE THE JUDGE MAY IMP SE A NNE AS WELL.
ARTICLED
A PERSON WHO DOES NOT FULFILL ONE OR MORE CONDITIONS ATTACHED TO THE
LICENSE, AS STATED IN ARTICLE 6, OR WHO DOES NOT DO SO ON TIME OR IN
FULL, OR A PERSON WHO ACTS IN VIOLATION OF SUCH CONDITIONS, WILL BE .
PUNISHED WITH A FINE OF MAXIMUM ONE HUNDRED THOUSAND GUILDERS..
ARTICLE 22
THE ACTS MADE PUNISHABLE IN ARTICLE 7 WILL BE CONSIDERED AS CRIMINAL .
OFFENSES AND THOSE MADE PUNISHABLE IN ARTICLES. 8 AN) 9 AS MISDEMEANORS.
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. ARTICLE 11
THE OBJECTS USED TO COMMIT OFFENSES AS DESCRIBED IN ARTICLES 7, 8 AND
AS WELL AS GOODS OBTAINED FROM THE OFFENSE, MAY EE CONFISCATED.
ARTICLE 12
IF THE OFFENDER IS UNKNOWN OR HAS DIED BEFORE THE START OF THE
.PROSECUTION, THE CONFISCATION MAY BE PECIDED UPON BY JUDICIAL DECREE?.
AT tHE REQUEST OF THE PUBLIC PROSECUTOR.
' THE DECREE WILL BE MADE PUBLIC BY THE REGISTRAR IN THE ADVERTENTIEBLAD
.
OF THE REPUBLIC OF SURINAM E AND/OR IN ONE MORE NEWSPAPERS TO BE
CHOSEN BY THE JUDGE.
THE DECREE WILL TAKE EFFECT, EXCEPT If A PARTY CONCERNED FILES A
PETITION WITH THE REGISTRAR WITHIN TWO MONTHS AFTER PUBLICATION AND
IF IT APPEARS IN THE COURSE OF FURTHER INVESTIGATION. THAT NO OFFENSE
WAS COMMITTED .REGARDING THE MATTER IN QUESTION.
. DURING FOURTEEN DAYS THE ATTORNEY GENERAL HAS THE RIGHT TO APPEAL
DECREES ISSUED IN ACCORDANCE WITH PARAGRAPH. 1.. TO THE COURT. THE:
SAME APPLIES TO DECREES ISSUED ON ACCOUNT CO PARAGRAPH 3, RESULTING
FROM A PETITION,
. ARTICLE 13' ?
. IF ?NEC/F.7HE ACTS MADE PUNISHABLE IN ARTICLES '7g 8 AND 9, IS catirrnap
?
?
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BY OR THROUGH A GROUP OR CORPORATION, CRIMINAL PROSECUTION WILL BE
INSTITUTED AND THE 'SENTENCE PRONOUNCED AGAINST THE ONE WHO ORDERED
THE PERPETRATION OF THE ACT OR WHO WAS THE ACTUAL LEADER OF THE
UNLAWFUL ACTIVITY OR NEGLECT.
?
ARTICLE 14
THE PUBLIC PROSECUTOR HAS THE AUTHORITY. IN THE CASE OF ACTS
MADE PUNISHABLE BY ARTICLES 7, SAND 9, TO LAY DOWN .CONDITIONS
THE VOLUNTARY FULFILMENT OF WHICH WILL CANCEL THE RIGHT TO
PROSECUTION.
,THE LEGAL PROVISIONS WHICH APPLY IN THIS MATTER TO MISDEMEANORS,
WILL BE APPLICABLE IN A SIMILAR FASHION TO CRIMINAL OFFENSES AS
DESCRIBED IN ARTICLE 7.
ARTICLE 15
WITH THE INVESTIGATION OF ACTS MADE PUNISHABLE BY THIS LAW ARE
CHARGED, BESIDES PERSONS ASSIGNED BY ARTICLE 8 OF THE PENAL CODES
PERSONS BELONGING TO THE ARMED FORCES OF SURINAME'AND/OR OTHER
PERSONS, ESPECIALLY ASSIGNED BY THE MINISTER OFJUSTICE AND
Pouce.
THE INVESTIGATORS ARE AT ALL TIMES AUTHORIZED TO CONFISCATE, OR
CLAIM FOR CONFISCATION. ALL OBJECTS WHICH MAY LEAD TO THE DIS?
COVERY OF THE TRUTH OR OF WHICH. THE CONFISCATION OR DESTRUCTION.
.1 etto 4 es.44.1?441?111\.
? ??? ? ???? ? ? ?
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? /
?
TOTAL. OR PARTIAL. I"AY BE ORDERED.
ARTICLE 16
IF THE GOOD 4 CONFISCATED ON THE GROUND OF ARTICLE 15 CONTAIN
. PERISHABLES, THE ATTORNEY GENERAL MAY GRANT PERMISSION FOR THE
SALE OF THESE GOODS OR MERCHANDISE.
THE SALE WI U.. BE CONDUCTED IN PUBLIC BY THE INVESTIGATORS. AND.
ACCORDING TO LOCAL CUSTOM.
PROCEEDS FROM THE SALE OF GOODS OR MERCHANDISE AS MENTIONED '
ABOVE MAY BE CONFISCATED.
ARticLE 17
IF THE MATTERS DEALT WITH IN THIS LAW REQUIRE AMENDING FOR THE SAKE
OF ITS PROPER EXECUTION, A GOVERNMENT DECREE MAY BE ISSUED TO THAT
EFFECT.
ART I CLE 18
THIS LAW WILL TAKE EFFECT ON THE DAY FOLLOWING THE. DAY OF ITS
PROCLAAATION.
ISSUED AT PARAMARIBO. APRIL 14, 1978
. JOHAN H. FERRIER
THE MINISTER OF GENERAL AND FOREIGN AFFAIRS, H.A.E. AMON,
THE MINISTER OF JUSTICE AND POLICE. S. BADRISING
THE IIINISTER OF AGRICULTURE, ANIMAL HUSBANDRY AND FISHERIES J SISAL
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