Declarations and Reservations made by States Parties
The Convention contains provisions regarding three declarations, as mentioned in its Article 9.2, Article 25.5, and Article 28. While the first is mandatory, the second and third are optional.
No reservations may be made to the Convention, except in the case of Articles 29 and 30.
- Cuba - “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.” [Original: Spanish]
“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.” [Original: Spanish]
- Italy - “In depositing its instrument of ratification Italy specifies that the reports under paragraph 1 (b) of Article 9 of the Convention will be transmitted in the manner foreseen by paragraph 1 (b) (ii) of the same Article 9.” [Original: French]
- Mexico - “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.” [Original: Spanish]
- Panama - "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 - “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).” [original: French]
- Ukraine - « 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.” » [original: English]
Argentina - “STATEMENT
The Argentine Republic opts for the procedure for information transmission stated in the indent ii), section b), paragraph 1 of the Article 9 of the Convention. The ARGENTINA REPUBLIC considers that article 26, paragraph 2, section 2 and Article 1, paragraph 2, section b do not apply in areas subject to a sovereignty dispute recognized by the UN General Assembly. The ARGENTINA REPUBLIC states that the Falklands Islands, South Georgia, South Sandwich Islands and their surrounding maritime areas are an integral part of its territory and are occupied illegitimately by The UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRLAND. This conflict over sovereignty is recognized by the international community.In this regard, the General Assembly adopted the Resolution 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 y 43/25 in which it recognizes the existence of a conflict over sovereingnty on the “Question of the Falkland Islands” and requests the government of the ARGENTINA REPUBLIC and the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN ISLAND to resume negotiations in order to find as quickly as possible, a peaceful, just and lasting settlement to this dispute. The Special Committee on Decolonization of the United Nations has also repeatedly expressed that same desire.