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Göteborg: 7 April 2016

Zambales/Provincial Coast Watch Environmental Monitoring System User Fee

ICS has received a significant number of forwarded invoices from companies relating to an environmental charge in the Zambales region of the Philippines. Companies are encouraged to continue to keep ICS informed.

Philippines Province of Zambales - Environmental Changes.pdf

Del Rosario Pandiphil Inc, our correspondents in the Philippines, has provided us with the following information:

We are pleased to advise that the Maritime Industry Authority (MARINA) issued the attached 16 February 2016 reply to our Law Firm’s letter requesting for the MARINA’s position on the implementation of subject ordinance by the Province of Zambales. The MARINA shared our view that the ordinance violates the UNCLOS and stated a strong objection to its implementation.

The Department of Justice (DOJ) also issued the attached 7 March 2016 opinion which basically adopted the industry’s position on the ordinance. The DOJ also opined that the imposition of charges violates the freedom of navigation provided under the UNCLOS.

The MARINA and DOJ opinions strike a telling blow on the legality of the ordinance. The Province of Zambales and even the contractor Xanathos are now exposed to lawsuits should they continue to implement the ordinance. We advise that the attached letter/opinion may be invoked by anyone who receives a billing from the Province of Zambales or Xanathos.”

Zambales Ordinance - MARINA letter 11 April 2016.pdf

More information can be found in our Member Alert, published 9 September 2015.

Member Alert is published by The Swedish Club as a service to members. While the information is believed correct, the Club cannot assume responsibility for completeness.

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