Treaty on Maritime Delimitation between Honduras and Cuba 2013

To approve in all and each one of its parts the Agreement No. 15-DGTC dated November 2, 2012, sent by the Executive Power through the State Secretariat for Foreign Affairs, which contains the "Treaty on Maritime Delimitation between the Republic of Honduras and the Republic of Cuba", signed in the city of Comayagua, Honduras, on August 21, 2012, and which literally states: SUMMARY Section A Decrees and Agreements LEGISLATIVE POWER Decrees Nos.: 37-2013 and 38-2013. NATIONAL INSTITUTE FOR FOREST CONSERVATION AND DEVELOPMENT Agreement Number 021-2013. STATE SECRETARIAT FOR THE OFFICES OF INTERIOR AND POPULATION Agreements Nos.: 36-2013 and 069-2013. A 1-6 Section B Legal Notices Detachable for your convenience "STATE SECRETARIAT FOR FOREIGN AFFAIRS AGREEMENT No. 15 DGTC. Tegucigalpa, M.D.C., November 2, 2012. WHEREAS: The Republics of Cuba and Honduras have maintained close relations throughout history, maintaining active and effective bilateral cooperation. WHEREAS: The process of Latin American integration is aimed at strengthening relations between the countries of this region based on the spirit of understanding and cooperation. WHEREAS: This Treaty contributes to the strengthening of peace, security, cooperation and relations of friendship between both nations. WHEREAS: This Treaty is a tool for research and conservation of the marine environment, as well as for the exploitation and exploration of marine resources which shall be carried out for the benefit of both nations. WHEREAS: The Constitution of the Republic of Honduras literally states: Honduras makes its own the principles and practices of international law that promote human solidarity, respect for the self-determination of peoples, non-intervention and the strengthening of universal peace and democracy. WHEREAS: The importance of delimiting the Exclusive Economic Zone of the Republic of Honduras and the Republic of Cuba signing this present Treaty. THEY AGREE: I. To approve in all and each one of its parts the "TREATY ON MARITIME DELIMITATION BETWEEN THE REPUBLIC OF HONDURAS AND THE REPUBLIC OF CUBA" which literally states: "TREATY ON MARITIME DELIMITATION BETWEEN THE REPUBLIC OF HONDURAS AND THE REPUBLIC OF CUBA. The Republic of Honduras and the Republic of Cuba, hereinafter referred to as "The Parties"; RECALLING the Memorandum of Understanding signed by the Parties, in the city of Havana, Cuba, on November 16, 1999, for the negotiation and bilateral coordination of their respective Exclusive Economic Zones in the Caribbean Sea; DESIRING to establish the limits of the Exclusive Economic Zone and the Continental Shelf of both States, in accordance with the provisions of the United Nations Convention on the Law of the Sea, of December 10, 1982; CONSCIOUS of the duty to ensure to their peoples the natural resources, renewable and non-renewable, found in marine and submarine areas subject to their respective sovereignty, rights and jurisdiction; INSPIRED by the traditional relations of friendship existing between the peoples of both States; HAVE AGREED AS FOLLOWS: ARTICLE I. 1. To establish, based on the principle of equity, the line of delimitation of the Exclusive Economic Zone of the Republic of Honduras and the Republic of Cuba. 2. The line of delimitation referred to in the preceding paragraph constitutes in turn the limit of the Continental Shelf of the Republic of Honduras and the Republic of Cuba. ARTICLE II. 1. The line of delimitation referred to in the preceding Article, which constitutes the maritime boundary between both States, is defined by the points whose geodetic coordinates are as follows: Point No. CH-1 CH-2 CH-3 CH-4 Latitude (North) 19° 32' 25".80 19° 00' 00".00 19° 00' 00".00 19° 27' 57".00 Longitude (West) 84° 38'30".66 84° 29' 00".00 84° 00' 00".00 83° 35' 50".00 2. The geodetic data is based on the Clarke ellipsoid of 1866 and the Coordinate System of the United States of America of 1927, and the cartographic base is composed of the Cuban Nautical Chart No. 3001, "Western Caribbean", printed in 1999, and the English Chart No. 4401, "Gulf of Mexico", printed in 1984. ARTICLE III. For the drawing of the delimitation line, reference is made to the vertex points of the baseline established and internationally declared by the Parties. ARTICLE IV. The delimitation line drawn is represented, for illustrative purposes only, in the graph attached to this Agreement, forming an integral and indivisible part thereof. In case of differences between the graph and the coordinates, the latter shall prevail. ARTICLE V. 1. The Parties agree to cooperate among themselves in the development and implementation of programs in the following areas:

• a)

  Navigation safety, maritime rescue and salvage;

• b)

  Hydrographic studies;

• c)

  Marine scientific research;

• d)

  Preservation and protection of the marine environment;

• e)

  Combat of unlawful acts against maritime navigation security, illegal trafficking of drugs and migrants by sea; and,

• f)

  Other areas of common interest. 2. The programs referred to in the preceding paragraph may be agreed upon and arranged in subsequent agreements. ARTICLE VI. This Treaty shall bind the Parties bilaterally, without prejudice to any eventual positions they may freely adopt in any conference on the Law of the Sea or in any other international forums or conferences referred to therein. ARTICLE VII. The Parties agree that neither of them shall claim or exercise any sovereignty, sovereign rights or jurisdiction with respect to the waters, seabed and subsoil of the sea, as well as to the resources found in the Exclusive Economic Zone and the Continental Shelf of the other Party, as these have been delimited in this Agreement. ARTICLE VIII. The Parties agree to settle any controversy that might arise in the application or interpretation of this Agreement, in accordance with the peaceful settlement of disputes procedures provided for in Article 33 of the Charter of the United Nations. ARTICLE IX. This Treaty shall be signed and ratified by the Parties in accordance with their respective constitutional procedures and shall enter into force immediately upon the exchange of the instruments of ratification. Signed in the city of Comayagua, Republic of Honduras, August 21, 2012, in duplicate, in Spanish language, both texts having equal validity. FOR THE REPUBLIC OF HONDURAS, Roberto Arita Quiñónez, Coordinator of the Commission on Sovereignty and Borders, State Secretariat for Foreign Affairs. FOR THE REPUBLIC OF CUBA, Rafael Dausá Céspedes, Director of Consular Affairs and Cuban Residents Abroad." II. To submit to the consideration of the Sovereign National Congress this Treaty for the purposes of Article 205 number 30 of the Constitution of the Republic. BE IT COMMUNICATED: PRESIDENT OF THE REPUBLIC, (Signed and Sealed) PORFIRIO LOBO SOSA. STATE SECRETARIAT BY LAW. (Signed and Sealed) SALOMÉ CASTELLANOS DELGADO".

This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-first day of the month of March of the year two thousand thirteen. LENA KARYN GUTIÉRREZ ARÉVALO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY JARIET WALDINA PAZ SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., May 21, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of the President. MARÍA ANTONIETA GUILLEN VÁSQUEZ REPUBLIC OF HONDURAS - TEGUCIGALPA, M.D.C. MAY 29, 2013