TERRITORIAL WATER AMENDMENT DECREE 1998

Decree · Energy

Policy date: 1998-01-01

A Decree amends Nigeria's Territorial Waters Act to extend the territorial sea from three to twelve nautical miles, aligning with international law. It targets federal maritime agencies, foreign vessels, and oil and gas operators in the expanded zone. This aims to protect national security and resource interests.

What Is This Policy?

A decree amending Nigeria's Territorial Waters Act to extend the breadth of the territorial sea from three to twelve nautical miles in line with the United Nations Convention on the Law of the Sea (UNCLOS), asserting full sovereignty over this expanded maritime zone.

Who Does It Target?

Federal government maritime agencies Foreign vessels transiting Nigerian waters Oil and gas operators on the continental shelf

What Does It Aim to Achieve?

To align Nigeria's territorial sea claim with international law under UNCLOS, extend Nigerian jurisdiction and enforcement powers to 12 nautical miles, and protect national security and resource interests in the expanded zone.

Key Features

12-Nautical-Mile Territorial Sea: Extends Nigeria's territorial sea from the previous 3-mile limit to 12 nautical miles. Right of Innocent Passage: Preserves the right of innocent passage for foreign vessels in conformity with UNCLOS. Extended Jurisdiction: All Nigerian laws apply within the 12-nautical-mile zone as on land. Baseline Definition: Clarifies the baseline from which the territorial sea is measured. Contiguous Zone: Facilitates assertion of a contiguous zone up to 24 nautical miles for customs and immigration enforcement.

Current Status

How to Access

Foreign vessels must comply with Nigerian laws when transiting within 12 nautical miles Activities within the zone require relevant licences under applicable sector legislation Application method: NIMASA and Nigerian Navy

Important Terms

Non-innocent passage by foreign warships requires prior notification Violations of Nigerian law within the zone are subject to Nigerian jurisdiction Contiguous zone powers extend to enforcement against customs and immigration offences

Official Resources

Website: www.nimasa.gov.ng Policy Summary Document | Federal Republic of Nigeria

Legal Framework

Promulgated under the decree-making powers of the Supreme Military Council. Implements Nigeria's obligations under the United Nations Convention on the Law of the Sea (UNCLOS), extending the territorial sea to twelve nautical miles in accordance with international maritime law. Operates alongside the Exclusive Economic Zone Act 1978, the Merchant Shipping Act 2007, and the Nigerian Maritime Administration and Safety Agency (NIMASA) Act.

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