Treaty

Convention on the Protection of the Underwater Cultural Heritage

Parties with reservations, declarations and objections

Party Reservations / Declarations Objections
Algeria Yes No
Argentina Yes No
Belgium Yes No
Cuba Yes No
Estonia Yes No
Guatemala Yes No
Italy Yes No
Mexico Yes No
Panama Yes No
Portugal Yes No
Saudi Arabia Yes No
Switzerland Yes No
Ukraine Yes No

Algeria

26-02-2015

Declaration of the People’s Democratic Republic of Algeria concerning Articles 9.2 and 28 of the Convention on the Protection of the Underwater Cultural Heritage of 2 November 2001:
With reference to Article 9.2 of the Convention, the People’s Democratic Republic of Algeria declares that, pursuant to paragraph 1.(b) of that Article, the People’s Democratic Republic of Algeria, a State Party to the Convention, designates the Algerian Naval Forces Command (Ministry of National Defence) as the sole addressee of information concerning discovery or activity directed at the underwater cultural heritage situated in the Exclusive Economic Zone (EEZ) or on the continental shelf of another State Party.
The Algerian Naval Forces Command (Ministry of National Defence) is charged with forwarding the declaration to all States Parties.
With reference to Article 28 of the Convention, the People’s Democratic Republic of Algeria declares that the Rules of the Convention shall apply to its inland waters not of a maritime character.

Argentina

19-07-2010

The Republic of Argentina has selected the reporting procedure provided for in Article 9, 1 (b) (ii) of the Convention.
The Republic of Argentina considers that Article 26, 2 (b) and the correlative Article 1, 2 (b) are not applicable to territories subject to a sovereignty dispute recognized by the United Nations General Assembly.
The Republic of Argentina recalls that the Falkland Islands (Malvinas), South Georgia and the South Sandwich Islands and the surrounding maritime areas are an integral part of its territory and as they are illegally occupied by the United Kingdom of Great Britain and Northern Ireland, they are the subject of a sovereignty dispute recognized by the international community.
In that regard, the General Assembly has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25 in which it recognizes the existence of a sovereignty dispute referred to as the “Question of the Falkland Islands (Malvinas)” and urges the governments of the Republic of Argentina and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find as soon as possible a peaceful, fair and definitive solution to the dispute. The United Nations Special Committee on Decolonization, too, has repeatedly made similar calls.

Belgium

05-08-2013

Referring to Article 28 of the Convention, the Kingdom of Belgium declares that the Rules of the Convention apply to its inland waters, which are not of a maritime character.

Cuba

26-05-2008

The Republic of Cuba declares that, pursuant to Article 9, paragraph 2, of the Convention, it will transmit the relevant information on any discovery or activity relating to the underwater cultural heritage in the exclusive economic zone or on the continental shelf of another State Party by means of a document issued by the Office of the President of the National Commission of Monuments and endorsed by the National Cultural Heritage Council of the Ministry of Culture.
The Republic of Cuba, in regard to Article 25, paragraph 3, relating to the application mutatis mutandis of the provisions on the settlement of disputes set out in Part XV of the United Nations Convention on the Law of the Sea, declares that it reaffirms the declaration made under Article 287 of the Convention, concerning its non-acceptance of the jurisdiction of the International Court of Justice and, consequently, its non-acceptance of the Court’s jurisdiction over the provisions of Articles 297 and 298 of the Convention.

Estonia

02-11-2020

Estonia declares in accordance with Article 9, paragraph 2, that the information referred to in Article 9, paragraph 1 (b) will be transmitted in the manner stipulated in Article 9, paragraph 1, subparagraph (ii); (…)
Estonia declares in accordance with Article 28 that the Rules shall apply to its inland waters not of a maritime character;

Guatemala

03-11-2015

The Republic of Guatemala declares that the way in which it will transmit the information provided for in paragraph 1(b) of Article 9.1 shall be that provided for in subparagraph (ii) of that paragraph.
For the purposes of the provisions of Article 25.4, the Republic of Guatemala declares that it reserves the right to consider any of the dispute settlement procedures pursuant to Article 287 of the United Nations Convention on the Law of the Sea, according to what may be agreed in each individual case.
Pursuant to Article 28, the Republic of Guatemala declares that the Rules shall apply to inland waters not of a maritime character.
The ratification of this Convention shall not constitute a total or partial renunciation of the sovereignty of the State of Guatemala over any territory (land, insular or maritime) which it claims; neither shall it be to the detriment of any right of the State of Guatemala over any such territory; nor shall it constitute a precedent for the strengthening or weakening of its claim over any territory. The Republic of Guatemala explicitly reserves its rights with respect to its claims of sovereignty over any territory (land, insular or maritime).

Italy

08-01-2010

On depositing its instrument of ratification, Italy declares that the reports under paragraph 1(b) of Article 9 of the Convention will be transmitted in the manner stipulated in paragraph 1(b), (ii) of that same Article 9.

Mexico

05-07-2006

The United Mexican States declare that, in respect of Article 9, paragraph 2 of the Convention on the Protection of the Underwater Cultural Heritage, it will transmit to the Director-General of UNESCO by means of the diplomatic channel the information on any discovery of underwater cultural heritage or activity directed at it by its nationals or vessels flying its flag in the exclusive economic zone or on the continental shelf of another State Party for communication to the other States Parties.

Panama

20-05-2003

On depositing its Instrument of Ratification of the Convention on the Protection of the Underwater Cultural Heritage (approved by Law No. 32 of 26 March 2003 and proclaimed in the Official Gazette No. 24,773 of 2 April 2003), the Republic of Panama declares that it has sole sovereignty over the Gulf of Panama, by nature and history a Panamanian bay, whose coasts belong in their entirety to the Republic of Panama. It is a clearly defined geographic configuration, being a large scooped-out incurvation to the south of the Isthmus of Panama, with sea waters underlying the seabed and its subsoil in the area between latitudes 07°28’00" North and 07°31’00" North, and longitudes 79°59’53" and 78°11’40", both west of Greenwich. These determine the location of Punta Mala and Punta Jaqué, at the West and East of the entrance of the Gulf of Panama respectively. This large indentation cuts well into the land area of the Isthmus of Panama. The width of its entrance, from Punta Mala to Punta Jaqué, is about two hundred kilometres (200 kms) and its extension inland (measured from an imaginary line linking Punta Mala and Punta Jaqué up to the mouths of the Río Chico, east of Panama City) is one hundred and sixty-five kilometres (165 kms).
In view of its current and potential resources the Gulf of Panama, a historic bay, has been a vital necessity for the Republic of Panama since time immemorial, both with regard to its security and defence and to the economic field, since its marine resources have long been used by the inhabitants of the Isthmus of Panama.
Oblong in shape, with a coastal outline which somewhat resembles a calf’s head, the Gulf has a coastal perimeter under Panamanian sea control of some six hundred and sixty-eight kilometres (668 kms). Within this demarcation, the Gulf of Panama, a historic bay, has an area of approximately thirty thousand square kilometres (30,000 kms²).
The Republic of Panama declares that in the exercise of its sovereign and jurisdictional rights and the accomplishment of its duties, it will act in accordance with the provisions of the Convention, reserving the right to issue other related declarations, should the need arise.

Portugal

21-09-2006

Moreover, pursuant to Article 9, paragraph 2, of the Convention on the Protection of the Underwater Cultural Heritage, Portugal declares that the information referred to in paragraph 1(b) of that same article will be transmitted in the manner stipulated in subparagraph (ii).

Saudi Arabia

13-11-2015

[…] declares, pursuant to paragraph 2 of Article 9, that the Kingdom shall require that its subjects and captains of ships flying its flag declare any discovery or activity concerning underwater heritage located in the exclusive economic zone or on the continental shelf of another State Party, and that the Kingdom will undertake to inform the other States Parties.

Switzerland

25-10-2019

On the basis of Article 28 of the Convention, Switzerland declares that the rules within the meaning of Article 33 apply to its inland waters.

Ukraine

27-12-2006

to Articles 9 and 11:
Ukraine hereby declares that in case of discovery of the underwater cultural heritage in the exclusive economic zone or on the continental shelf of a State Party or in the Area, or if there is an intention to carry out, there, activities directed towards the underwater cultural heritage, it shall provide the rapid and effective transmission of information about the aforesaid to all the States Parties and to the Director General of UNESCO through the National Commission of Ukraine on Affairs of UNESCO;
to Article 22:
The competent authority authorized in accordance with Article 22 of the Convention shall be the central executive authority in the sphere of the protection of the cultural heritage;
to Article 28:
Ukraine declares that the Rules of the Convention shall be implemented to the inland waters not of a maritime character.

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