In a move that could have ramifications for U.S. "freedom of navigation" operations in the disputed South China Sea, Beijing is set to revise a key maritime law to bar some foreign ships from passing through Chinese territorial waters.
China's Legislative Affairs Office of the State Council announced Tuesday that it is soliciting public opinions on revisions to the country's 1984 Maritime Traffic Safety Law, the state-run Global Times newspaper reported last week.
China claims much of the South China Sea — through which $5 trillion in trade passes each year — as its territorial waters. The Philippines, Vietnam, Malaysia, Taiwan and Brunei also have overlapping claims.
The United States has conducted a number of freedom of navigation operations near China's fortified man-made islands in the strategic waters, much to the chagrin of Beijing.
The new draft would empower maritime authorities to prevent foreign ships from entering Chinese waters if they are deemed a risk to "safety and order."
"The draft revisions stipulate that authorities will be able to designate specific areas and temporarily bar foreign ships from passing through those areas according to their own assessment of maritime traffic safety," the report said.
The revisions "are based on the U.N. Convention on the Law of the Sea and Chinese laws on the sea, adjacent areas and exclusive economic zones," the report quoted the Legislative Affairs Office as saying.
The draft also said that foreign submersibles, such as the U.S. Navy drone seized in the South China Sea in December, "should travel on the surface, display national flags and report to Chinese maritime management administrations when they pass China's water areas," according to the Global Times.
China returned the seized drone, which it claimed was conducting reconnaissance missions, shortly after taking it.
The draft law also said such submersibles "should get approval" from relevant municipalities and regions to enter China's internal waters and ports.
According to the report, foreign ships that enter Chinese waters without approval will be fined 300,000 yuan to 500,000 yuan ($43,700 to $72,800), and those violating Chinese laws expelled.
The Global Times report quoted Yang Cuibai, a professor with the School of Law at Sichuan University, as saying that China should take the lead in establishing "legal order" in the Yellow Sea and East China and South China seas.
"China's waters are open to foreign ships as long as they do not damage the waters' safety, order, or China's sovereignty," Yang was quoted as saying, adding that the revisions would take effect in 2020.
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