VOLUME II ANNEXES 1 - 45 3 FEBRUARY 2015 INTERNATIONAL COURT OF JUSTICE DISPUTE CONCERNING MARITIME DELIMITATION IN THE CARIBBEAN SEA AND THE PACIFIC OCEAN COSTA RICA v. NICARAGUA MEMORIAL OF COSTA RICA iii LIST OF ANNEXES VOLUME II Annex No. Document Page No. Treaties 1 Costa Rica and Nicaragua Treaty of Limits (Cañas-Jerez), 15 April 1858. English translation and Spanish original. 3 2 Treaty concerning the Delimitation of Marine Areas and Maritime Cooperation between the Republic of Costa Rica and the Republic of Panama, 2 February 1980 (entry into force on 11 February 1982). English translation and Spanish original. 21 3 Treaty on the Delimitation of Marine and Submarine Areas and Maritime Cooperation between the Republic of Colombia and the Republic of Costa Rica, additional to that signed in San José on 17 March 1977, 6 April 1984 (entry into force 20 February 2001). English translation and Spanish original. 31 4 Convention on the Delimitation of Maritime and Submarine Areas between the Republics of Costa Rica and Ecuador, 12 March 1985 (not in force). English translation and Spanish original. 37 5 Agreement on Maritime Delimitation between the Republic of Costa Rica and the Republic of Ecuador, 21 April 2014 (not yet in force). English translation and Spanish original. 49 National Legislation 6 Costa Rica, Political Constitution, 7 November 1949, Articles 5 and 6. English translation and Spanish original 61 7 Costa Rica, Executive Decree N° 12307-A, 13 February 1981, published in La Gaceta N° 41 of 27 February 1981. English translation and Spanish original 67 iv Annex No. Document Page No. 8 Costa Rica, Executive Decree N° 18581-RE, concerning straight baselines ober 1988. English translation and Spanish original. 73 9 Costa Rica, Executive Decree N° 20792-MIRENEM, 30 September 1991, published in La Gaceta N° 212 of 6 November 1991. English translation and Spanish original. 81 10 Nicaragua, Law N° 420 on Maritime Spaces, 15 March 2002. English translation and Spanish original. 87 11 Nicaragua, Executive Decree No 33-2013, ‘Base lines of the maritime spaces of the Republic of Nicaragua in the Caribbean Sea’, published in CXVII La Gaceta No. 161, 19 August 2013. English translation and Spanish original. 93 Correspondence 12 Note from the Minister of Foreign Affairs and Worship of Costa Rica to the Minister of Foreign Affairs of Nicaragua, Reference DM-082-2000, 2 June 2000. English translation and Spanish original. 105 13 Note from the Minister of Foreign Affairs and Worship of Costa Rica to the Minister of Foreign Affairs of Nicaragua, Reference DM-225-2002, 26 August 2002. English translation and Spanish original. 111 14 Note from the Minister of Foreign Affairs of Nicaragua to the Minister of Foreign Affairs and Worship of Costa Rica, Reference MRE/DMJI-1221-08-02, 30 August 2002. English translation and Spanish original. 117 15 Joint Note by the Vice Ministers of Foreign Affairs of Costa Rica and Nicaragua to the Secretary-General of the United Nations, 6 September 2002. English translation and Spanish original. 123 16 Note from the Under-Secretary-General of Legal Affairs of the United Nations to the Vice Minister of Foreign Affairs and Worship of Costa Rica, Reference 02-00087, 12 November 2002. English translation and Spanish original. 129 v Annex No. Document Page No. 17 Note from the Minister of Foreign Affairs of Nicaragua to the SecretaryGeneral of the United Nations, Reference MRE/DM-AJST/242/3/2010, 25 March 2010. English translation and Spanish original. 139 18 Note from the Ambassador of Costa Rica in Colombia to the Coordinator of ICJ issues of the Ministry of Foreign Affairs of Colombia, Reference February 2013. English translation and Spanish original. 145 19 Note from the Minister of Foreign Affairs and Worship of Costa Rica to the Minister of Foreign Affairs of Nicaragua, Reference DM-AM-113-13, 5 March 2013. English translation and Spanish original. 151 20 Note from the Minister of Foreign Affairs of Nicaragua to the Minister of Foreign Affairs and Worship of Costa Rica, Reference MRE-DM-205-4-13, 8 April 2013. English translation and Spanish original. 161 21 Note from the Minister of Foreign Affairs and Worship of Costa Rica to the Minister of Foreign Affairs of Nicaragua, Reference DM-AM-205-13, 17 April 2013. English translation and Spanish original. 167 22 Note from the Permanent Mission of Costa Rica to the United Nations to the !"#$% !& " ' %#* 15 July 2013. English translation and Spanish original. 173 23 Note from the Minister of Foreign Affairs and Worship of Costa Rica to the Minister of Foreign Affairs of Nicaragua, Reference DM-AM-393-13, 19 July 2013. English translation and Spanish original. 179 24 Joint Note from the Presidents of Colombia, Panamá and Costa Rica to the Secretary-General of the United Nations, Reference 13.488845, 23 September 2013. English translation and Spanish original. 185 25 Note from the Permanent Representative of Costa Rica to the United Nations to the Secretary-General of the United Nations, Reference ' %#++ !: ; English original. 191 vi Annex No. Document Page No. 26 Note from the Minister of Foreign Affairs and Worship of Costa Rica to the Minister of Foreign Affairs of Nicaragua, Reference DM-AM-095-14, 24 February 2014. English translation and Spanish original. 195 Minutes 27 && & !" < !: < $ '= !" : >? !" 25 January 1977, reproduced in: Ministry of Foreign Affairs and Worship of Costa Rica, Annual Report 1976-1977, Vol. I, pp. 156-160. English translation and Spanish original. 203 28 Final Minutes of the IV Binational Nicaragua-Costa Rica Meeting, Granada, Nicaragua, 12-13 May 1997. English translation and Spanish original. 215 29 Minute of the meeting of the Vice Ministers of Foreign Affairs of Costa Rica and Nicaragua, 6 September 2002. English translation and Spanish original. 237 30 Minute of the First Meeting of the Sub-Commission on Limits and Cartography, 7 November 2002. English translation and Spanish original. 243 31 Minute of the Technical meeting of the Sub-Commission on Limits and Cartography, 16 January 2003. English translation and Spanish original. 257 32 Minute of the Second Meeting of the Sub-Commission on Limits and Cartography, 25 March 2003. English translation and Spanish original. 267 33 Minute of the Third Meeting of the Sub-Commission on Limits and Cartography, 4 September 2003. English translation and Spanish original. 281 34 Minutes of the Technical meeting of the Sub-Commission on Limits and Cartography, 29-30 September 2004. English translation and Spanish original. 295 35 Minutes of the Technical meeting of the Sub-Commission on Limits and Cartography, 3-4 August 2005. English translation and Spanish original. 305 vii Annex No. Document Page No. 36 Minute of the Fourth Meeting of the Sub-Commission on Limits and Cartography, 30 June 2005. English translation and Spanish original. 315 37 Minute of the Fifth Meeting of the Sub-Commission on Limits and Cartography, 22 August 2005. English translation and Spanish original. 325 Other Documents 38 Nicaragua Institute of Energy, General Directorate of Hydrocarbons, Map of Areas for Exploration and Exploitation of Hydrocarbons, 2002 337 39 Nicaraguan Institute of Territorial Studies (INETER), Technical Study presented at the Third Meeting of the Sub-Commission of Limits and Cartography, 4 September 2003. English translation and Spanish original. 341 40 Costa Rica, Preliminary Information indicative of the outer limits of the Continental Shelf and Description of the Status of preparation of making a Submission to the Commission on the Limits of the Continental Shelf, May 2009. 375 41 Nicaragua, Ministry of Energy and Mines, Petroleum Promotional Folder, 2012. 399 42 Nicaragua, Ministry of Energy and Mines, General Information for those &$ !: ? K= ! & ! ! "! $ ! :! Exploration and/or surface reconnaissance permit, 2012. English translation and Spanish original. 457 43 Nicaragua, Executive Summary of Submission to the Commission on the Limits of the Continental Shelf pursuant to Article 76, paragraph 8, of the United Nations Convention on the Law of the Sea 1982, June 2013. 471 44 #$ % !& = !>>= ! " !> OQ&! "! Y"" & $ Z !" " !" ? Y"" & ' > [! %! !!"% ?= !: ; English and French originals. 485 viii Annex No. Document Page No. 45 = !>>= !" !>OQ&!"! Y"" & $ Z !" " !"? Y"" & \!"=:>&&!> $: Republic of Nicaragua to the Commission on the Limits of the Continental Shelf, 1 July 2013. English and French originals. 491 1 TREATIES 2 3 ANNEX 1 Costa Rica - Nicaragua Treaty of Limits (Cañas-Jerez), English Translation: Costa Rican version submitted to President Cleveland Source: ;] ^[ $_ Y ?=>!K=&!!"` $ !">& between Costa Rica and Nicaragua (Washington D.C., Gibson Bros Printers and Book binders 1887), Document No 1. pp 185-190, San José, 15 April 1858. \ &Q &!j! _$ & & O !& q $&{\$$!&\! !& Supremos Poderes Legislativo y Ejecutivo de Costa Rica en el año de 1858, Tomo XV, (San José, Imprenta de la Paz, 1871), pp 175-188. 4 5 Annex 1 6 Annex 1 7 Annex 1 8 Annex 1 9 Annex 1 10 Annex 1 11 Annex 1 12 Petroleum Promotional Folder of Nicaragua, MEM. 11 The transition between deep marine to neritic deposits is marked by the Upper Oligocene Las Cenizas sequence near la Boquita beach. This boundary is well expressed in the sedimentation regime, and reflects a change in the depositional energy, as well as changes in the sediment source. The Upper Oligocene to Plio-Pleistocene formations was developed in a shallow marine with a transition to a continental system. Sedimentologically, they are characterized by a high variability of facies, which reflect the different depositional systems. The sedimentary facies succession is represented by fine grained lithologies corresponding to the Outer Shelf System and more coarse grained facies associations deposited in an internal platform system. The facies associations of the El Salto Formation are related to beach environment, bay deposits, bar sandstone, biogenetic detritus influenced by wave activity. Aggradational deposits sedimented in a marginal bay lagoon are also present. The thickness of the neritic deposits reaches 4,000 meters. Basin Stratigraphy Caribbean The Cenozoic series thickness varies from 2,000 to 10,000 meters in the northeastern part, and comprises predominantly carbonate platform type deposits with a varying amount of volcanic material mainly in the Lower Eocene section. Clastics of continental to deltaic origin as well as platform carbonate type are developed in the Oligo-Miocene series. Cretaceous sediments have been identified locally, in areas where they were preserved from the erosion subsequent to the Laramide Orogeny at the end of the Cretaceous. Outcrop samples in the Siuna locality, show lithologies of mainly black shale, limestone, and conglomerates from a shallow marine environment. One sample of chert from Siuna was analyzed in National Petrographic Service in Texas, USA, originally, it is estimated that the sapropelic content of kerogen was 77%, and the rock probably had a very rich oil source rock potential (J.H.Ruffin, 2000). The Eocene section is made up of Carbonates deposited in a platform environment occasionally grading to bathyal, with subordinate sandstone beds in the lower part. Volcanic material is locally abundant in the south. Seismically this section has been subdivided into five seismic-stratigraphic units (Beicip 1985). Lithologically, the units are characterized by massive, bioclastic carbonates with local reefal influence in the NE and volcanic material (subordinate clastics) in the south. Annex 1 13 Annex 1 14 Annex 1 15 Annex 1 16 Annex 1 17 Annex 1 18 Annex 1 19 Annex 1 20 Annex 1 21 ANNEX 2 Treaty concerning the Delimitation of Marine Areas and Maritime Cooperation between the Republic of Costa Rica and the Republic of Panama, 2 February 1980 (entry into force on 11 February 1982). Source: Archives of the Ministry of Foreign Affairs and Worship of Costa Rica. English version: Department of Legal Affairs and the Law of the Sea of the United Nations. Available at: \j}}ZZZ;=;! ?}$\&} !&} Y~ %Y%O~Y~}O} TREATIES/CRI-PAN1980MC.PDF 22 23 page 1| Delimitation Treaties Infobase | accessed on 13/03/2002 DOALOS/OLA - UNITED NATIONS Treaty Concerning Delimitation of Marine Areas and Maritime Cooperation between the Republic of Costa Rica and the Republic of Panama (2 February 1980) The Republic of Costa Rica and the Republic of Panama, Convinced that cooperation is the most effective way of dealing with matters of common interest to nations, especially when they share the same geographic area; Aware of the advisability and need to$ > > & :: $ " Fully convinced of the need to safeguard their sovereignty and jurisdiction over their respective marine areas, and the need for unimpeded and rapid transit through such areas; Mutually interested in adopting appropriate measures to protect, preserve, and utilize the resources in the aforementioned areas and to prevent, control, and eliminate pollution in those areas; Have resolved to conclude a Treaty and, to that end, have appointed their plenipotentiaries as follows: His Excellency the President of the Republic of Costa Rica: His Excellency Rafael Angel Calderçn Fournier, Minister of Foreign Relations; and His Excellency the President of the Republic of Panama: His Excellency C !& ^! &~ \ $!& '& !"! ? Affairs. Article 1 [The Republic of Costa Rica and the Republic of Panama have decided] to establish as the boundary between their marine areas the following lines: A. Caribbean Sea (1) B. " (1) In the Caribbean Sea: The median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial sea of each State is measured in accordance with public international law; from the termination of the land boundary between the two countries, at a point located in the mouth of the Sixaola River, latitude 09°34'16"North, longitude 82°34'00"West, along a straight line to a point located at latitude 10°49'00"North, longitude 81°26'08.2"West, where the boundaries of Costa Rica, Colombia and Panama intersect. (2) In the " : The median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial sea of each State is measured in accordance wih international public law; the boundary between the maritime areas of the two countries shall consist of a straight line starting at the southernmost point of the land boundary at Punta Burica and terminating at a point at latitude 05° 00' 00" North and longitude 84° 19' 00" West. Additional Clause: The lines and points agreed upon are shown on the nautical chart which is signed by the plenipotentiaries and is attached to this treaty as an annex with the agreement that, in all cases, the text of this treaty shall prevail. Article 2 [The parties will] accept and respect the ways in which each of the two States currently exercises, or may exercise in the future, its sovereignty, jurisdiction, protection, control, or rights in the marine areas adjacent to its coasts, as delimited by this treaty, in accordance with the measures that each country has established or may establish in the future and with the regulations of its domestic law. Annex 2 24 page 2| Delimitation Treaties Infobase | accessed on 13/03/2002 DOALOS/OLA - UNITED NATIONS Article 3 The Republic of Panama, in view of the great importance of specific recognition by the Republic of Costa Rica, as a neighboring country, of the Gran Golfo de Panam§ (Gulf of Panama) as an historic bay, has requested such recogniton from Costa Rica. The Republic of Costa Rica, aware that its specific recogniton that the Gran Golfo de Panam§ (Gulf of Panama) has the nature of an historic bay is very important insofar as the incontestability of that nature is concerned, declares that it does not object to the provisions to that effect set forth by the Republic of Panama in its Law No. 9 of January 30, 1956. Article 4 [The parties will] cooperate fully in order to protect the renewable and non-renewable resources within the marine areas over which they exercise, or will exercise in the future, sovereignty, jurisdiction, or surveillance, and in order to utilize such resources for the benefit of their own countries. Article 5 [The parties will] encourage the fullest international cooperation in order to coordinate the conservation measures each State applies in the areas of the sea under its sovereignty or jurisdiction, especially with respect to migratory species, taking into consideration the recommendations of competent agencies and the most reliable, up-to-date scientific data. Such international cooperation will not impair the sovereign right of each State to adopt, within the framework of its own marine jurisdiction, any rules and regulations that it deems appropriate. Article 6 [The parties will] mutually facilitate in every way possible the development and utilization of living resources in their marine areas. Article 7 Each party will cooperate with the other, to the best of its ability, in applying the most appropriate measures to prevent, reduce, and control pollution of the marine environment that may affect the neighboring State, regardless of the source. To that end, they will coordinate their efforts to the extent possible under domestic law. Article 8 [The parties will] cooperate fully in encouraging expeditious movement of international navigation in the seas subject to each State's sovereignty or jurisdiction. Article 9 Ratification of this treaty will be subject to the constitutional process of each of the contracting parties. The treaty will enter into force upon the exchange of the instruments of ratification in Panama City. Annex 2 25 Annex 2 26 Annex 2 27 Annex 2 28 Annex 2 29 Annex 2 30 31 ANNEX 3 Treaty on the Delimitation of Marine and Submarine Areas and Maritime Cooperation between the Republic of Colombia and the Republic of Costa Rica, additional to that signed in San José on 17 March 1977, 6 April 1984 (entry into force 20 February 2001). Source: Archives of the Ministry of Foreign Affairs and Worship of Costa Rica. English version: Department of Legal Affairs and the Law of the Sea of the United Nations. Available at: \j}}ZZZ;=;! ?}$\&} !&} Y~ %Y%O~Y~}O} ~Y~} -CRI1984MC.PDF 32 33 page 1| Delimitation Treaties Infobase | accessed on 13/03/2002 DOALOS/OLA - UNITED NATIONS Treaty on the Delimitation of Marine and Submarine Areas and Maritime Cooperation between the Republic of Colombia and the Republic of Costa Rica, additional to the Treaty signed at San José on 17 March 1977, 6 April 1984 The Republic of Colombia and the Republic of Costa Rica, Considering: That the ‘Treaty on the Delimitation of Marine and Submarine Areas and Maritime Cooperation’, signed on 17 March 1977, established the maritime boundary between the two countries in the Caribbean Sea; and That it is desirable to extend their cooperation in maritime affairs and to delimit their marine and submarine areas in the " Have decided to conclude this Additional Treaty, and for this purpose have appointed as their Plenipotentiaries: The President of the Republic of Colombia: Mr. Rodrigo Lloreda Caicedo, Minister for Foreign Affairs; The President of the Republic of Costa Rica: Mr. Carlos José Gutiérrez Gutiérrez, Minister for Foreign Affairs and Worship, Who, having exchanged their respective full powers, found to be in good and due form, have agreed as follows: Article 1 ~:!=$ :Z &\ Q> $&=:> & " & !&&!" & ? drawn from a point located at latitude 05º 00' 00" north and longitude 84º 19' 00" west of Greenwich, which is the end of the maritime boundary between Costa Rica and Panama, southward towards another point located at latitude 03º 32' 00" north and longitude 84º 19' 00" west of Greenwich. From the latter point, the boundary shall continue along the boundary of the 200-mile marine area of Isla de Coco to a point at latitude 03º 03' 00" north and longitude 84º 46' 00" west of Greenwich. Additional clause: The line and points agreed upon are marked on the nautical map which has been signed by the Plenipotentiaries and annexed to this Treaty, it being understood that, in any event, the content of the Treaty shall prevail. Article 2 The cooperation in maritime affairs already agreed upon between the Parties in the Treaty signed at San José on 17 ' & :{$$! " ; Article 3 This Treaty shall be subject to approval under the constitutional procedures established in each High Contracting Party. It shall enter into force upon the exchange of the respective instruments of ratification, which shall take place on the same day as the exchange of the instruments of ratification of the ‘Treaty on the Delimitation of Marine and Submarine Areas and Maritime Cooperation’ signed on 17 March 1977. This Treaty has been signed in two originals in the Spanish language, both texts being fully authentic, on this sixth day of April 1984, in the city of Bogotá, Republic of Colombia. For Colombia: For Costa Rica: Signature illegible Carlos José Gutiérrez" Annex 3 34 Annex 3 35 Annex 3 36 Annex 3 37 ANNEX 4 Convention on the Delimitation of Maritime and Submarine Areas between the Republics of Costa Rica and Ecuador, 12 March 1985 (not in force). Source: Archives of the Ministry of Foreign Affairs and Worship of Costa Rica. English version reproduced in: J.I. Charney and L.M. Alexander (eds.), International Maritime Boundaries (Dordrecht, Martinus Nijhoff Publishers, 1993), Vol. I, p. 825. 38 39 Annex 4 40 Annex 4 41 Annex 4 42 Annex 4 43 Annex 4 44 Annex 4 45 Annex 4 46 Annex 4 47 Annex 4 48 Annex 4 49 ANNEX 5 Agreement on Maritime Delimitation between the Republic of Costa Rica and the Republic of Ecuador, 21 April 2014 (not yet in force). Source: Archives of the Ministry of Foreign Affairs and Worship of Costa Rica. English translation and Spanish original. 50 51 AGREEMENT ON MARITIME DELIMITATION BETWEEN THE REPUBLIC OF COSTA RICA AND THE REPUBLIC OF ECUADOR The Government of the Republic of Costa Rica and the Government of the Republic of Ecuador, hereinafter referred to as “the Parties”; Willing to strengthen the historical ties of friendship and fraternity that unite their peoples; Aware of the need and desirability of delimiting the jurisdictional maritime zones between the two countries, based on equality of sovereignty and the rules and relevant principles of international law; Taking into account the work carried out previously by the Bi-national Commission between Ecuador and Costa Rica for the delimitation of the jurisdictional maritime zones between the two States; Considering the standards and principles set forth in the United Nations Convention on the Law of the Sea, to which both States are parties; Have agreed the following: ARTICLE ONE The exclusive economic zone and continental shelf of Ecuador's Galapagos Archipelago and the exclusive economic zone and continental shelf of Costa Rica’s Cocos Island delimit in the Pacific Ocean, in the sector where they overlap, by the geodesic lines that pass through points equidistant between the two countries, which are defined according to letters A), B) and C) below: A. Base points In Costa Rica: CR-1, in the southwest of DOS AMIGOS Island. CR-2, in the southwest of DAMPIER cape, on Cocos Island In Ecuador: EC-1, in the northeast of DARWIN island EC-2, in the northeast of the GENOVESA Island Annex 5 52 B. Based on the foregoing, the following points are determined to trace the geodesic lines, from which the maritime boundary is defined: Point B-1 Equidistant point, determined by the intersection of the arcs drawn with a radius of 200 nautical miles, from the base points EC-1, in the northwest of DARWIN island and CR-1, in the Southwest of DOS AMIGOS island. Point B-2 Equidistant point determined by the intersection of the arcs drawn with a radius of 200 nautical miles, from the base points EC-2, in the northeast of GENOVESA island and CR-2, in the southwest of DAMPIER cape. Point C-1 determined as the midpoint of the geodesic base line (EC-1)(CR-1). Point C-2 determined as the midpoint of the geodesic base line (EC-2)(CR-2). Point B-3 Determined by the intersection of the projections of the two intermediate geodesic lines. The first intermediate geodesic line will pass through points B-1 and C- 1. The second intermediate geodesic line will go through points B-2 and C- 2. C. The geodesic lines which pass through the points B-1, B-3 and B-2 define the maritime boundary between Ecuador and Costa Rica. The geographic coordinates corresponding to these points, presented in the order indicated above, are as follows: Point Latitude North Longitude West B-1 04°33’55.741” 090°18’24.485” B-3 03°26’37.922” 089°26’11.383” B-2 02°09’02.238” 087°08’42.443” The geographic coordinates of all of the points subject to this Agreement are determined in the World Geodetic System 1984 (WGS-84). The Map of the maritime boundary between Ecuador and Costa Rica is included as an annex to this Agreement. Annex 5 53 ARTICLE TWO A special zone shall be established, 10 nautical miles wide, located on each side of the maritime boundary indicated in clause C) of the previous article, in which the accidental presence of fishing vessels of either country shall not be considered as a violation of the relevant rules of the respective State. This does not mean the recognition of any right to perform fishing or hunting tasks in this special zone. ARTICLE THREE Based on the definition of the maritime boundary established in this Agreement, the Parties will promote wider cooperation on maritime issues of mutual interest, without detriment to the rights of sovereignty and jurisdiction exercised by both States in their respective maritime areas. ARTICLE FOUR This Agreement will be submitted for approval to the constitutional procedures established at each of the Parties. It shall enter into force on the date of the second diplomatic note reporting compliance with such constitutional procedures. In witness whereof, the Ministers for Foreign Affairs of the two countries sign this Agreement, in two copies, equally valid, in the city of Quito, on the twenty-first of April of two thousand fourteen. For the Republic of Costa Rica Enrique Castillo Barrantes Minister of Foreign Affairs and Worship For the Republic of Ecuador Ricardo Patiño Aroca Minister of Foreign Affairs and Human Mobility Annex 5 54 Annex 5 55 Annex 5 56 Annex 5 57 Annex 5 58 59 NATIONAL LEGISLATION 60 61 ANNEX 6 Costa Rica, Political Constitution, 7 November 1949 Articles 5 and 6 English translation and Spanish original 62 63 Annex 6 64 Article 5.- The national territory is bounded by the Caribbean Sea, the Pacific Ocean, and the Republics of Nicaragua and Panama. The boundaries of the Republic are those fixed by the Cañas- Jeréz Treaty of April 15, 1858, ratified by the Cleveland Award of March 22, 1888, with respect to Nicaragua, and by the Echandi Montero- Fernández Jáen Treaty of May 1, 1941, with regard to Panama. The Coco Island, located in the Pacific Ocean, is part of the national territory. Article 6.- The State exercises complete and exclusive sovereignty over the air space above its territory, over its territorial waters within a distance of twelve miles measured from the low-tide mark along its shores, over its continental shelf and its insular sill, in accordance with principles of International Law. It also exercises special jurisdiction over the seas adjacent to its territory within a distance of two hundred miles measured from the same mark, in order to protect, preserve and exploit exclusively all the natural resources and wealth existing in the waters, soil and subsoil of those zones, in accordance with those principles. (As amended by Act N° 5699, June 5, 1975). Annex 6 65 Annex 6 66 67 ANNEX 7 Costa Rica, Executive Decree N° 12307-A, 13 February 1981, published in La Gaceta N° 41 of 27 February 1981. English translation and Spanish original 68 69 N ° 12307-A THE PRESIDENT OF THE REPUBLIC AND THE MINISTER OF AGRICULTURE, Consistently with that set forth in Articles 1, 2, 3 and 15 of the Law on the Conservation of Wild Fauna No. 4551, of 15 April 1970 and articles 3, 9 and 10 of law No. 6043, Law on the Maritime Terrestrial Zone, and Considering that: Article 1.- Isla Bolaños located in Bahía Salinas, in Costa Rica’s Pacific Ocean, is of significant importance as it is the base of one of the largest marine waterfowl nesting colonies, including the Pelican (Pelecanus occidentalis) and Frigatebird (Fregata magnificens). Article 2.- That the island, due to its geographic position and topography, is not used for agriculture and its only value is for conservation purposes. Article 3.- That the functions of the Ministry of Agriculture and Farming include protecting the conservation of wild fauna, and to recommend measures aimed at their protection. Therefore, THEY DECREE: Article 1 - To create the “Refugio Nacional de Fauna Silvestre Isla Bolaños” (Isla Bolaños Wild Fauna National Refuge), which is located at the following points of reference, according to cartographic sheet N ° 304911 of the National Geographic Institute. Line Direction Dist. Station Coordinates N. H. E. 1 337 000 349 000 1-2 Due East 1 000 2 337 000 350 000 2-3 Due South 1 000 3 336 000 350 000 3-4 Due West 1 000 4 336 000 349 000 4-1 Due North 1 000 1 337 000 349 000 Article 2.- The “Refugio Nacional de Fauna Silvestre Isla Bolaños” will be under the administration of the Municipality of La Cruz, Guanacaste and the technical direction of the Department of Biological Studies of the Ministry of Agriculture. Annex 7 70 Article 3 - Entrance to the refuge is forbidden except for biological research, for which written permission is required from the municipality of La Cruz, Guanacaste and the Department of Biological Studies. Article 4.- The Ministry of Agriculture and Farming will coordinate with the National Geographic Institute to demarcate on land the respective boundaries and to publish a map of this refuge. Signed at the Presidential House, San José, February 13, 1981. RODRIGO CARAZO Minister of Agriculture and Farming a.i. WILLY LORIA MARTINEZ. Annex 7 71 Annex 7 72 73 ANNEX 8 Costa Rica, Executive Decree N° 18581-RE, concerning straight baselines in the " !: **; English version: Department of Legal Affairs and the Law of the Sea of the United Nations Available at: \j}}ZZZ;=;! ?}$\&} !&} Y~ %Y%O~Y~}O} CRI_1988_Decree18581.pdf Spanish version available at: http://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo. aspx?param1=NRTC&nValor1=1&nValor2=5917&nValor3=6276&strTipM=TC 74 75 Page 1 % ! ?& !O Y } Y#$% !& Decree 18581-RE (concerning straight baselines in the Pacific Ocean, 14 October 1988 The First Vice President and Acting President of the Republic and the Minister of Foreign Relations and Worship Whereas 1. Article 6 of our Constitution establishes the complete and exclusive sovereignty of the Costa Rican State over its territorial waters to a distance of 12 miles from the low-water line along its coasts, In accordance with the principles of International law. 2. The principles and standards of international law in force recognize the right of the coastal States to establish the breadth of their territorial sea from the normal low-water line or from straight baselines that join the most salient points of the coast. 3. = ! &&! " \ & &\ !"?= !: =&!"\ & !"& $& $$\ inlets that have historically constituted areas of great economic significance to the country. 4. ~&&\ !"?= !!"!= ! &&! " > &\!&&: Z \\ !!"Z principles of the Law of the Sea, to draw straight baselines that, joining the most salient points of the coast, create a region whose reality and economic significance are clearly demonstrated by its prolonged use. This region coincides in general with the superjacent waters of the continental shelf of our Pacific coast, i.e., with the 200-meter isobath. 5. The Ministry of Foreign Relations and Worship has already sent to the Legislative Assembly for processing and subsequent approval the United Nations Convention on the Lay of the Sea, signed at Montego Bay, Jamaica, on December 19, 1982, by a vast majority of the countries that represent all the legal and political systems in the world. 6. The regulations of the Convention that refer to the zones of national jurisdiction, including the system of drawing straight baselines, reflect contemporary International practice and have been considered to derive from prevailing International customary law. 7. In accordance with international law, the coastal State may determine the baselines from which the breadth of its territorial sea is measured, combining normal baselines with straight baselines depending on the circumstances. Decrees Y ~Z$!" ! & !"\=: Z :> &= $ " " !>"! !Z? baselines: A. In accordance with the normal baseline method: from San Francisco Point, also known as Medero (10° 17' 36" N., 85° 51' 19"W), to Punta Guiones (9° 54' 18" N., 85° 40' 15" W), and from Punta Llorona (8° 35' 03" N, 83° 43' 25" W.) to Punta Salsipuedes (8° 26' 32" N., 83° 34' 13" W. ). B. In accordance with the straight baselines method: from a point that coincides with the southern extreme of the line that encloses the mouth of Salinas Bay, the line, as determined by the Cleveland Award, to Punta Descartes (11° 01' 25" N., 85° 45' 25" W) to Punta Blanca (10° 57' 02" N., 85° 53' 16" W); from Punta Blanca to Punta Santa Elena Annex 8 76 Page 2 % ! ?& !O Y } Y#$% !& (10° 53' 29" N., 85° 57' 11" W); from Santa Elena to the westernmost key of the Murcielago Islands Group (10° 51' 16" N., 85° 58' 50" W.); from the westernmost key of the Murcielago Islands to Cabo Velas or Morro Hermoso (10° 21' 25" N., 85 52' 39" W.); from Cabo Velas or Morro Hermoso to Punta San Francisco (10° 17' 36" N., 85° 51' 19" W.); from Punta Guiones (9° 54' 18" N., 85° 40' 15" W) to the southwest tip of Cabo Blanco Island (9° 32' 20" N., 85° 06' 54" W.); from the southwest tip of Cabo Blanco Island to the southwest tip of Isla Del Cano (8° 42' 24" N., *+; " !>&!=Z&\!"& O !!= ! ! ! & &= *+%; * 43' 25" W.); from Punta Salsipuedes (8° 26' 32" N., 83° 34' 13" W.) to the extreme southern end of the international border line with Panama at Punta Burica. Article 2 - The National Geographic Institute will draw these lines to adequate scale or scales to make the locations clear on maps, in accordance with the geographic coordinates corresponding to the geodesic datum known as !\K=;~ Z > e such maps public. Article 3 - Waters situated inside these straight baselines form part of the internal waters of the Republic. However, taking into account that in these waters are located several Important ports on the Pacific coast, the right of innocent passage to ships of all nations is permitted, in accordance with the principles and norms of international law. Article 4 - The locations of normal and straight baselines described above are indicated on a map at 1: 500,000 scale prepared by the Geographic Institute of Costs Rica. This map, duly authenticated by the Ministry of Foreign Relations and Worship, forms an Integral part of this decree. Article 5 - This Decree is valid from the 15th of November 1988, inclusive. Q &$ !"\=: !& !!" !: ** Jorge Manuel Dengo The Minister of Foreign Relations and Worship, A.I. Carlos Rivera Bianchini Annex 8 77 Delimita Anchura Aguas Territoriales Océano Pacífico EL PRIMER VICEPRESIDENTE % OYO%YOY#Y '%~ OY %~ #~ A.I., 1º.- = = !&{!$=& !&= _! establece la soberanía completa y exclusiva del Estado Costarricense en sus aguas territoriales en una distancia de 12 millas a partir de la línea de baja mar a lo largo de sus costas, de acuerdo con los principios de Derecho Internacional. 2º.- Que los principios y normas de Derecho Internacional vigentes reconocen a los estados ribereños el derecho a establecer la anchura de su mar territorial a partir de la línea normal de baja mar, o de líneas de base rectas que unan los puntos más salientes de la costa. 3º.- = =& & !& & ] ! " ! \ & = !"?= _ ?!? " especial por la presencia de islas y profundas : = & K= &_ > !&=$! zonas de gran importancia !_> \ \ &; 4º.- = & !"?= _ &\ $ =& & !& & ] ! Pacífico permite, con \ _$ !&=Q!&\ \!&$O !$ Mar, el trazado de líneas de base rectas que uniendo los punto más salientes de ! !"! > = ?_ = $ $ importancia !_> & >$>!& $ &\! ==&!\ ! !? $!;O ?_ ! $ ? ! & ?= & &=\ & $ ^_ ! continental en nuestra costa pacífica, o sea, con la &_: $ !& doscientos metros. 5º.- Que el Ministerio de Relaciones Exteriores y Culto ha enviado ya a conocimiento de la Y& >: ?& Q \ &= > _ \!& ! \ !: _ !Q _ $ & Naciones Unidas sobre el Derecho del Mar, firmada en Montego Bay, Jamaica el día 19 de diciembre de 1982, por una inmensa mayoría de los países que representan todos los sistemas legales y políticos del mundo. 6º.- = &! > &$ !Q _K=& " &^! &$ = &$ _ ! reflejan la práctica internacional contemporánea y han sido considerados como integrantes del Derecho Internacional consuetudinario vigente, incluyendo el sistema de trazado de líneas de base rectas. 7º.- Que conforme con el Derecho Internacional, el estado ribereño podrá determinar las líneas de base desde donde se mide la anchura del mar territorial combinando líneas de base normal con líneas de base rectas según las circunstancias. Annex 8 78 8º.- Que el Poder Ejecutivo considera urgente el trazado de líneas de base rectas en la costa pacífica de nuestro territorio que unen los puntos más salientes de dicha costa, todo conforme con los principios y normas del Derecho Internacional. Por tanto, De conformidad con las normas y principios contenidos en el artículo <$ !&= _ Política y en ejercicio de las potestades y atribuciones que el Poder Ejecutivo confiere el artículo 140, incisos 12) y 16) de la misma, DECRETAN: Artículo 1º.- La anchura de las aguas territoriales de la República &>$ ] ! Pacífico, a partir de las siguientes líneas de base: A.- O Y#O % '~ O O %Y O Y % 'Yj De Punta San Francisco también conocida como Madero (latitud 10 grados, 17 minutos, 36 segundos norte, longitud 85 grados, 51 minutos, 19 segundos oeste), a Punta Guiones (latitud 9 grados, 54 minutos, 18 segundos norte, longitud 85 grados, 40 minutos, 15 segundos oeste), y de Punta Llorona (latitud 8 grados, 35 minutos, 3 segundos norte, longitud 83 grados, 43 minutos, 25 segundos oeste) hasta Punta Salsipuedes (latitud 8 grados, 26 minutos, 32 segundos norte, longitud 83 grados, 34 minutos, 13 segundos oeste). B. DY#O %'~ O O%YOY~Yj Desde un punto coincidente con el extremo su de la línea que cierra la Boca de Bahía de Salinas, determina dicha línea por el Laudo Cleveland, a Punta Descartes (latitud 11 grados, 1 minuto, 25 segundos norte, longitud 85 grados, 45 minutos, 25 segundos oeste) a Punta Blanca (latitud 10 grados, 57 minutos, 2 segundos norte, longitud 85 grados, 53 minutos, 16 segundos oeste); desde Punta Blanca a Punta Santa Elena (latitud 10 grados, 53 minutos, 29 segundos norte, longitud 85 grados, 57 minutos, 11 segundos oeste); desde Punta Santa Elena hasta el islote más al oeste del Grupo de las Islas Murciélago (latitud 10 grados, 51 minutos, 16 segundos norte, longitud 85 grados, 58 minutos, 50 segundos oeste); desde el islote más al oeste de las Islas Murciélago a Cabo Velas o Morro Hermoso (latitud 10 grados, 21 minutos, 25 segundos norte, longitud 85 grados, 52 minutos, 39 segundos oeste); desde Cabo Velas o Morro Hermoso a la Punta San Francisco (latitud 10 grados, 17 minutos, 36 segundos norte, longitud 85 grados, 51 minutos, 19 segundos oeste); de Punta Guiones (latitud 9 grados 54 minutos, 18 segundos norte, longitud 85 grados, 40 minutos, 15 segundos oeste) a la Isla Cabo Blanco en su extremo suroeste (latitud 9 grados, 32 minutos, 20 segundos noreste, longitud 85 grados, 6 minutos, 54 segundos oeste); el extremo suroeste de la Isla Cabo Blanco al extremo suroeste de la Isla del Caño (latitud 8 grados, 42 minutos, 24 segundos norte, longitud 83 grados, 53 minutos, 30 segundos oeste); del extremo suroeste de la Isla del Caño a Punta Llorona en la &= $ & =$ * ? $!& + >=!& &?=$!& ! longitud 83 grados, 43 minutos 25 segundos oeste); desde Punta Salsipuedes (latitud 8 grados, 26 minutos, 32 segundos norte, longitud 83 grados, 34 minutos, 13 segundos oeste) hasta el extremo sur del límite internacional con Panamá en Punta Burica. Annex 8 79 Artículo 2º.- El Instituto Geográfico Nacional, hará figurar dicha líneas en cartas a escala o & & $ = $ & \ \ & &= =: _ conforme con las coordenadas geográficas correspondientes al Datum !$]& ! $&? $! !\K=; &ado dará la debida publicidad a tales cartas. Artículo 3º.- Las aguas situadas en el interior de las líneas de base rectas indicadas, forman parte de las aguas interiores de la República. Sin embargo, teniendo en cuenta que en dichas aguas están ubicados varios puertos a altura en nuestra costa pacífica, se reconoce el derecho de paso inocente a favor de los buques de todas las naciones, según los principios y normas del Derecho Internacional. Artículo 4º.- El anterior trazado de líneas de base normal y rectas se grafica en un mapa a escala 1:500.000 preparado por el Instituto Geográfico de Costa Rica y que debidamente autenticado por el Ministerio de Relaciones Exteriores y Culto, forma parte integrante del presente decreto. Artículo 5º.- Rige a partir del 15 de noviembre de 1988. Dado en la Presidencia de la República, San José, el 14 de octubre de 1988 Annex 8 80 81 ANNEX 9 Costa Rica, Executive Decree N° 20792-MIRENEM, 30 September 1991, published in La Gaceta N° 212 of 6 November 1991. English translation and Spanish original. 82 83 N° 20792-MIRENEM THE PRESIDENT OF THE REPUBLIC AND THE MINISTER OF NATURAL RESOURCES, ENERGY AND MINES Using the powers conferred upon them by article 140, subparagraph 3) and 18) of the Constitution, in relation to articles 35, 36 and 37 of Law N° 7174 of 28 June 1990 and Article 13 of Law N° 6084 of August 24, 1977, Considering that: 1st - Through executive decree No. 12307-A of 13 February 1981, the “Refugio Nacional de Fauna Silvestre Isla Bolaños” (Isla Bolaños Wild Fauna National Refuge) was created, located in Bahía Salinas, Pacific Ocean. 2nd.- That technical studies have recommended that the “Refugio Nacional de Fauna Silvestre Isla Bolaños,” due to its location and biological characteristics, become part of Santa Rosa National Park, thus changing its management category to national park. Therefore, THEY DECREE: Article 1.- To modify the management category of “Refugio Nacional de Fauna Silvestre Isla Bolaños,” created by Executive Decree N° 12307 of 13 February 1981, so that it becomes part of Santa Rosa National Park. In this regard, the Santa Rosa National Park’s boundary will be expanded so that it also covers Isla Bolaños. Article 2.- The area of the former “Refugio Nacional de Fauna Silvestre Isla Bolaños” will now be part of the Santa Rosa National Park, and will be under the administration of the National Parks Service of the Ministry of Natural Resources, Energy and Mines, and the provisions and prohibitions contained in law No. 6084 of 24 August 1977 will apply to this area. Article 3.- Repeal Executive Decree N° 12307-A of 13 February 1981. Article 4.- Applicable as of its publication. Signed at the Presidential House, San José, 30 September 1991. R.A. CALDERON F.- Minister of Natural resources, Energy and Mines a.i., Mario A. Boza Loria-C-3920. Annex 9 84 Annex 9 85 Annex 9 86 87 ANNEX 10 Nicaragua, Law N° 420 on Maritime Spaces, 15 March 2002. English translation and Spanish original. Available at: http://legislacion.asamblea.gob.ni/Normaweb.nsf/($All)/ OYYY<*<+Y+* \nDocument 88 89 LAW No. 420 THE PRESIDENT OF THE REPUBLIC OF NICARAGUA Communicates to the people of Nicaragua that: THE NATIONAL ASSEMBLY OF THE REPUBLIC OF NICARAGUA In exercise of its powers: HAS ISSUED The following: LAW ON MARITIME SPACES OF NICARAGUA Art. 1. The maritime spaces of Nicaragua encompass all areas currently permitted by international law. Art. 2. The maritime spaces of Nicaragua correspond to those which international law refers to as: 1. Territorial Sea; 2. Internal Waters; 3. Contiguous [one; 4. { =&Q !!> [one; 5. Continental Shelf. Art. 3. The breadth of the Territorial Sea is 12 nautical miles, measured from the straight baseline or low tide established all along the coast. Art. 4. The State exercises sovereignty in the maritime areas known as Internal Waters, which are those between the coasts and the Nicaraguan territorial sea. Art. 5. ~% ?= !?=!=&[!{$&=\! = > & " !> the baselines from which the breadth of the Territorial Sea is measured, in conformity with this Law and its regulations. Art. 6. !?=!=& [! $ ! & ! & Z exercise the control measures and supervision necessary to: 1. - Prevent the infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory, internal waters or territorial sea. 2. -Punish infringement of those laws and regulations committed within its territory, internal waters or territorial sea. Annex 10 90 3. -Prevent the removal, without its authorization, of archaeological and historical objects found in its territory, internal waters or territorial sea. Art. 7. ~{ =&Q !!> [!!"\=: !"% ?= {$&! 200 nautical miles, measured from the baseline from which the territorial sea is measured. Art. 8. The Continental Shelf of Nicaragua comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea as a natural prolongation and projection of its land territory under the sea, until the minimum distance of 200 nautical miles and up to the maximum of 350 nautical miles recognized by international law. Art. 9. In the processes of maritime delimitation, the interests of the Nation shall be upheld, in conformity with the provision of International Law. Art.10. This Law leaves without effect any provision that is inconsistent with it. Art. 11. This Law shall enter into force on the date of its publication in the "" ^; DONE in the City of Managua, at the Sessions Chamber of the National Assembly of the Republic of Nicaragua, on 5 March 2002. ARNOLDO ALEMAN LACAYO, President of the National Assembly.- RENE HERRERA ZUNIGA, Secretary of the National Assembly. Therefore: This shall be considered as a law of the Republic. Be it published and executed, Managua, 15 March 2002. -ENRIQUE BOLAÑOS GEYER, President of the Republic of Nicaragua. Annex 10 91 Annex 10 92 Annex 10 93 ANNEX 11 Nicaragua, Executive Decree No 33-2013, ‘Base lines of the maritime spaces of the Republic of Nicaragua in the Caribbean Sea’, published in CXVII La Gaceta No. 161 of 19 August 2013. English version: Department of Legal Affairs and the Law of the Sea of the United Nations. Available at: \j}}ZZZ;=;! ?}$\&} !&} Y~ %Y%O~Y~}O} O ~} >^ ;\$" Spanish version available at: \j}}ZZZ;=;! ?}$\&} !&} Y~ %Y%O~Y~}O}| O ~} >^ ;\$" 94 95 Republic of Nicaragua Central America La Gaceta "" != Telephone: 2228-3791/2222-7344 Printing: 650 copies Price C$45.00 *\ ?& _ $!: & Year CXVII Managua, Tuesday, 27 August 2013 No. 161 Contents Page Government House Decree No. 33-2013 ........................................... 6701 Annex 11 96 27 August 2013 La Gaceta Government House Government of Reconciliation and National Unity United Nicaragua Triumphs Decree No. 33-2013 The President of the Republic !> $ O ? Q$ Considering I That in accordance with Article 10 of the Political Constitution of the Republic of Nicaragua, the sovereignty, jurisdiction and rights of Nicaragua extend to the adjacent islands, cays and banks, as well as the internal waters, the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone and the corresponding airspace, in accordance with the law and the standards of international law, II That on 3 May 2000 the Republic of Nicaragua ratified the United Nations Convention on the Law of the Sea, an instrument that brings together the essential principles guaranteeing the rights of States in their marine areas, III That on 5 March 2002 the Republic of Nicaragua, in the interests of strengthening international law and its commitment to international law, adopted Law No. 420 on Marine Areas of Nicaragua, IV That the Caribbean coast of Nicaragua has a special configuration owing to the presence of numerous coastal islands closely linked by their history and economy to the mainland, and also owing to the fact that the coastline is deeply indented and cut into, and that it is of vital importance to maintain the territorial integrity, peace and security of the nation, V That the International Court of Justice issued a historic judgement on 19 November 2012 regarding the Territorial and Maritime Delimitation between Nicaragua and Colombia in the Caribbean Sea, in which it found that the islands adjacent to the coast of Nicaragua in the Caribbean Sea are part of the respective coast and contribute to the establishment of the baselines, Annex 11 97 VI That in view of the foregoing, the Republic of Nicaragua in the exercise of its full sovereignty over its marine areas and in accordance with the provisions of the United Nations Convention on the Law of the Sea and Law No. 420 on Marine Areas of Nicaragua, is proceeding to determine the straight baselines from which to measure the breadth of its marine areas in the Caribbean Sea, In the exercise of the powers granted to him by the Political Constitution, Has issued the following: Decree Baselines of the Marine Areas of the Republic of Nicaragua in the Caribbean Sea Article 1. The straight baselines of the Republic of Nicaragua to be used to measure the breadth of its territorial sea, contiguous zone, exclusive economic zone and continental shelf in the Caribbean Sea shall be established. Article 2. The baselines shall be determined by the geographical coordinates set forth in Annex I, as indicated in the chart that is included as Annex II to this Decree. Both annexes shall constitute an integral part of this Decree. Article 3. The waters located within the interior of the baselines established under Article 1 of this Decree shall form part of the internal waters of the Republic of Nicaragua in accordance with the provisions of the United Nations Convention on the Law of the Sea. Article 4. In compliance with the provisions of Article 16, paragraph 2, of the United Nations Convention on the Law of the Sea, this decree shall be duly publicized and a copy thereof, together with the annexes, shall be deposited with the "" !" !"#$% !&; Article 5. All legal provisions or regulations that contradict this decree shall be repealed. Article 6. This decree shall enter into force on the date of its publication in the official journal La Gaceta. O % !" ' ?= !Q >nt House, Republic of Nicaragua, on 19 August 2013. O ? Q$ President of the Republic of Nicaragua = K=&£ Private Secretary for National Policies Annex 11 98 Annex I Straight baselines of Nicaragua in the Caribbean Sea WGS84 datum geographical coordinates Item No. Latitude (N) Deg. Min. Sec. Longitude (W) Deg. Min. Sec. Name 1 15 00 05.9 083 07 43.0 Cabo Gracias a Dios 2 14 49 15.8 082 41 00.0 Edinburgh Cay 3 14 22 31.2 082 44 06.1 Miskito Cays 4 14 08 40.6 082 48 29.0 Ned Thomas Cay 5 13 03 11.6 083 20 38.6 Man of War Cays 6 12 56 10.8 083 17 31.9 East of Great Tyra Cay 7 12 16 55.5 082 57 54.0 Isla del Maiz Pequeña (Little Corn Island) 8 12 10 39.3 083 01 49.9 Isla del Maiz Grande (Great Corn Island) 9 10 55 52.0 083 39 58.1 Harbour Head ____________ Annex 11 99 Annex 11 100 Annex 11 101 Annex 11 102 103 CORRESPONDENCE 104 105 ANNEX 12 Note from the Minister of Foreign Affairs and Worship of Costa Rica to the Minister of Foreign Affairs of Nicaragua, Reference DM-082-2000, 2 June 2000. English translation and Spanish original. 106 107 ~¤'%~ %YYY%O ¤ San José, 2 June 2000 DM-082-2000 Your Excellency: I am writing to confirm receipt of your note MRE/VM-JI/181/05/00 dated 12 May 2000, in which you express your Government’s concern regarding the publication of a map in which IHS Energy Group shows the areas to be used for hydrocarbon exploitation concessions and indicates the maritime boundaries of Costa Rica with Nicaragua and Panama. As you would understand, Your Excellency, the Costa Rican authorities are not the authors of the referred map, and it is not official in any sense. The Government of Costa Rica is well aware that the specific maritime boundaries between our two countries have not been established, and it would like to remind the Illustrious Government of Nicaragua that it is fully willing to begin negotiations in this regard, once the differences concerning the terms of Costa Rican navigation on downstream San Juan River are resolved. Please allow me to remind you that I am still awaiting your response to the last note I addressed to Your Excellency on that topic. However, in relation to the matter addressed by your note, please allow me to assure and emphasize to Your Excellency and the Illustrious Government of Nicaragua, that any area which, in conformity with the terms of the Law of the Sea, could eventually be comprised in the territorial waters or exclusive economic zone of Nicaragua or a third State have been excluded from any potential concession for the exploitation of hydrocarbons in the Caribbean Sea. The Government of the Republic, respectful of International Law, if it were to make any of the referred concessions, it would do so only on areas that are exclusively and undoubtedly property of Costa Rica, and in relation to which there is no legal probability that they would belong to Nicaragua or a third State. Annex 12 108 4 I take this opportunity to reiterate to Your Excellency the assurances of my highest consideration. His Excellency Eduardo Montealegre Minister of Foreign Affairs of Nicaragua Managua, Nicaragua Roberto Rojas Annex 12 109 Annex 12 110 Annex 12 111 ANNEX 13 Note from the Minister of Foreign Affairs and Worship of Costa Rica to the Minister of Foreign Affairs of Nicaragua, Reference DM-225-2002, 26 August 2002. English translation and Spanish original. 112 113 ~¤'%~ %YYY%O ¤ 26 August 2002 DM-225-2002 Dear Sir: I have the honour of addressing Your Excellency to refer to the recent information !¥ ! =: $¦\=: &$% ?= "" ^!9 July of this year. In this regard, my Government has learned of the note that appears in the map published by the Nicaraguan Energy Institute, which reads “The data presented herein does not necessarily represent the international maritime limits.” Nevertheless, I am informing Your Excellency that the area which the Illustrious Government of Nicaragua intends to award in concessions includes part of the territorial sea and Exclusive Economic [! over which the Republic of Costa Rica has sovereignty, :!! :: $! " ; Consequently, I am communicating to Your Excellency that the Government of the Republic of Costa Rica cannot recognize, on these maritime spaces, any effect arising from this “International Public Bid”, nor the rights of third parties, whether States, other subjects of International Law or companies or citizens of any nation. In the spirit of the good purposes that prevail in the relations between Costa Rica and Nicaragua, and in compliance with the provisions of International Maritime Law, specially the United Nations Convention on the Law of the Sea, which is effective for both States, we propose to the Illustrious Government of the Republic of Nicaragua the beginning of bilateral negotiations in order to delimit, through an international agreement, > >&\ & ! &\!$?! !" != \=: & :!! " and on the Caribbean Sea. Please accept, Your Excellency, the assurances of my highest consideration. His Excellency Norman Caldera Minister of Foreign Affairs Republic of Nicaragua Roberto Tovar Faja Annex 13 114 Annex 13 115 Annex 13 116 117 ANNEX 14 Note from the Minister of Foreign Affairs of Nicaragua to the Minister of Foreign Affairs and Worship of Costa Rica, Reference MRE/DM-JI-1221-08-02, 30 August 2002. English translation and Spanish original. 118 119 ~¤'%~ %YY Managua, 30 August 2002 MRE-DM-J1221/08/02 Excellency: I have the honour of writing to you to confirm receipt of your note DM-225- 2002 dated 26 August of the current year, in which you refer to the international public bid opened by the Nicaraguan Institute of Energy on hydrocarbon exploration and exploitation activities and propose to Nicaragua to initiate bilateral negotiations in order to delimit, through an international agreement, the maritime spaces corresponding to each of our Republics, both on the Pacific $ :: ; In this regard, please allow me to communicate to Your Excellency that the referred bid comprises several areas of national territory over which Nicaragua has historically exercised sovereign rights, and I can assure you that the Government of Nicaragua does not wish to affect Costa Rican interests, but to conduct its activities in strict compliance with International Law and the concessions which the Institute grants in the future will be solely and exclusively on national territory of Nicaragua. In addition, I have the honour of communicating that my Government gladly accepts the proposal of the Illustrious Government of the Republic of Costa Rica, as it considers that dialogue and bilateral agreements constitute ideal mechanisms, contemplated by the United Nations Convention on the Law of the Sea for the determination of maritime spaces of States with adjacent coasts or facing each other. I take this opportunity to reiterate the assurances of my highest consideration. Signed Norman Caldera Cardenal His Excellency Roberto Tovar Faja Minister of Foreign Affairs and Worship Republic of Costa Rica Annex 14 120 Annex 14 121 Annex 14 122 123 ANNEX 15 Joint Note by the Vice Ministers of Foreign Affairs of Costa Rica and Nicaragua to the Secretary-General of the United Nations, 6 September 2002. English translation and Spanish original. 124 125 San José, 6 September 2002 Excellency: We have the honour of addressing Your Excellency to inform you that the Government of the Republic of Costa Rica and the Government of the Republic of Nicaragua have decided to promote conversations conducive to defining the maritime limits in the Pacific and in the Caribbean Sea. As you know, our States are Parties to the United Nations Convention on the Law of the Sea and as we are aware of the technical complexities that these processes entail, we respectfully ask you to inform us of the possibility of receiving assistance from the OQ&! "! Y"" & $ Z !" !" "" !" ? Y"" & ! accompany this effort. Please accept, Your Excellency, the assurances of our highest consideration. (Signed) (Signed) Elayne Whyte Salvador Stadthagen Vice-Minister of Foreign Affairs Vice-Minister of Foreign Affairs Republic of Costa Rica Republic of Nicaragua His Excellency £!"Y;Y Secretary-General United Nations Annex 15 126 Annex 15 127 Annex 15 128 129 ANNEX 16 Note from the Under-Secretary-General of Legal Affairs of the United Nations to the Vice Minister of Foreign Affairs and Worship of Costa Rica, Reference 02-00087, 12 November 2002. English translation and Spanish original. 130 131 United Nations (logo) (address) Reference: 02-00087 ~OQ&!"! Y"" & $ Z!" "" !"? Y"" & #$ Nations Secretariat, kindly greets the Permanent Mission of Costa Rica before the United % !& $ & !!= Z " ! !" !: $$ essed to the Secretary-General of the United Nations, to communicate the response of Mr. Hans Corell, Under-Secretary-General for Legal Affairs, Legal Advisor, to the note jointly signed by Your Excellencies Ms. Elayne Whyte, Vice-Minister of Foreign Affairs of the Republic of Costa Rica, and Mr. Salvador Stadthagen, Vice-Minister of Foreign Affairs of the Republic of Nicaragua. The Division would appreciate if the attached response can be forwarded to Ms. Elayne Whyte, Vice-Minister of Foreign Affairs of the Republic of Costa Rica. 13 November 2002 Annex 16 132 United Nations (logo) (address) Reference: 02-00087 12 November 2002 Your Excellencies: I have the honour of referring to your letter of 6 September 2002 addressed to the United Nations Secretary-General, I am responding on his behalf. Firstly, I take note with satisfaction of the dialogue between the governments of Costa Rica and Nicaragua to find a solution to define the maritime boundaries of these neighbouring countries. I am pleased to observe as well that both States participated in the Caribbean Conference on Maritime Delimitation. In this context, I would like to bring your attention to the presentation by the Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs of the United Nations during the First Plenary Meeting of the Conference (held in Mexico, from 6 to 8 May 2002). During said presentation the Division clarified to the participants that technical assistance can be provided to the Participating States in the following areas: 1. Legal assistance, including legal research. Part of this legal assistance was already provided within the context of the Conference, comprised of the donation of several materials and publications of the Division. Amongst other, we provided to all Participating States copies of the United Nations Convention on the Law of the Sea and the Manual for Delimitation of Maritime Boundaries. In addition, the Division can provide its technical publications. Another element of this type of assistance could be the search for existing agreements on the delimitation of maritime boundaries which may serve as an example. Your Excellencies Ms. Elayne Whyte, Vice-Minister of Foreign Affairs of the Republic of Costa Rica, and Mr. Salvador Stadthagen, Vice-Minister of Foreign Affairs of the Republic of Nicaragua Annex 16 133 2. Assistance regarding the preparation of illustrative maps. The specialist of the Division, who is in charge of the Geographic Information System (GIS), shall provide assistance in response to a request by the States involved in negotiations on the delimitation of maritime boundaries, and in order to facilitate [the negotiations], in the design of a GIS database to prepare an illustrative map showing the baselines, limits of the maritime areas, existing maritime boundaries, and potential delimitation lines. In this regard, States must provide, in electronic format, adequate information and data comprised of lists of geographic coordinates of baselines. Furthermore, the geodesic datum must be declared along with the information on the conversion formula of the local geodesic datum to WGS 84 if WGS 84 is not used. 3. List of Technical Experts. The Division maintains a list of renowned experts in hydrography, geodetics, geology and related disciplines. The list currently contains the names of over 30 persons and entities (companies and legal offices) in over 10 countries, and it is regularly updated. In this context, it is worth noting that the list will be provided only as a complementary service, and the inclusion of an expert or reference to a company does not mean that the United Nations supports the services or products of the expert or company under consideration. Any State which is involved in a negotiation may freely have access to this list in order to select an expert to assist in the negotiations. 4. Assistance Fund. The Division, in cooperation with the Department of Economic and Social Affairs (DESA) of the United Nations, finished establishing an assistance fund for the Participating States of the Conference. This Fund is managed based on the financial rules and regulations of the United Nations. The Participating States of the Conference that require financing to ensure their participation in the Plenary Meeting of the Conference or in delimitation negotiations may, through the Executive Secretary, request to the Division that, to the extent possible, it considers defraying the travel expenses and corresponding travel allowance available in the Assistance Fund for that purpose. The Division will also address the requests made regarding the Assistance Fund in agreement with the States involved in a negotiation so as to ensure, based on the Fund, the assistance of members of the List of Technical Experts. Annex 16 134 I would like to note that the regulations of the Conference specify the nature of this assistance and the terms and conditions to have access to it. The Division will act within the sphere of the powers conferred to it by the pertinent bodies of the United Nations. The Division will provide the technical assistance requested, through the Executive Secretary, in joint agreement by the members of negotiations or requested, on a preliminary basis, by Participating States which are interested in the possibility of negotiating between them within the context of the Conference. In this regard, I would like to assure you that the Secretariat of the United Nations will continue to provide its support, in conformity with the pertinent resolutions of the General Assembly, to the efforts by State Parties to the United Nations Convention on the Law of the Sea in the application of this instrument. Please accept the assurance of my highest consideration. (signed) Hans Core11 Under-Secretary-General of Legal Affairs Legal Advisor Annex 16 135 Annex 16 136 Annex 16 137 Annex 16 138 139 ANNEX 17 Note from the Minister of Foreign Affairs of Nicaragua to the Secretary-General of the United Nations, Reference MRE/DM-AJST/242/3/2010, 25 March 2010. English translation and Spanish original. 140 141 (Seal) ~¤'%~ %YY Managua, 25 March 2010 MRE/DM-AJST/242/3/2010 Dear Secretary General: I have the honour of addressing you, in reference to document “PRELIMINARY % 'Y~ % %OY~` ~¤ #~ '~ ~¤ %~%%~Y ¤ Y%O O~ % ~¤ ~Y~# YY~ % 'Y£% Y #' % ~ ~¤ '' % % ~¤ '~ ~¤ %~%%~Y ¤ ~¤ # ~Y Y¦ > $ \=: ! Z: & http://www.un.org/Depts/los/clcsnew/clcshome.htm of the Commission of Limits of the ! "!" ? ^ !!"#$% !&; In this respect, on behalf of the Government of Reconciliation and National Unity of the Republic of Nicaragua, I inform you that the claims made by Costa Rica include maritime spaces that correspond to Nicaragua in conformity with history, geography and International Law, particularly in the areas indicated in the Pa " ! &\!$ to the territorial sea and the exclusive economic zone. & ?ard, Nicaragua had already informed the above-mentioned to Costa Rica in its note MRE/DM-JI/292/02/03, referring to the official Map of Costa Rica made by the Institute of Marine and Coastal Resources of that country. Attached you will find a copy of the said letter. In that sense on behalf of my Government, I express reservation over the totality of the document mentioned above and I have the honour to inform you that studies are being carried out by Nicaragua, !:> $\=: : ? ^ !!" United Nations with the charts of the corresponding Nicaraguan maritime spaces coordinates in accordance with article 16, paragraph 2, article 75 paragraph 2 and article 82 paragraph 2 of the Convention of the United Nations of the Law of the Sea. I avail myself of this opportunity to express the assurances of my highest and most distinguished consideration. Samuel Santos (signed) Your Excellency Y%£-' % Secretary General ? ^ !!"#$% !& New York, United States of America Annex 17 142 (Seal) The Minister of Foreign Affairs Managua, 3 March 2003 MRE/DM-JL/292/02/03 Excellency: Q!!= ! $$ && != { " !Z "" ' \!" Republic of Costa Rica, elaborated by the Institute of Marine and Coastal Resources % 'Y $ =! ^$ : !? \ &= !" '& !" =: Works and Transportation. In this regard, I allow myself to inform your Excellency that part of the maritime spaces shown as belonging to Costa Rican territory, include areas of the Territorial Sea, Exclusive !!> [! $! " !Q Z \=: !"% ?= &&!Q ? :: &Z & " ; In this sense, I inform, on behalf of my Government, to the Illustrious Government of the Republic of Costa Rica, that Nicaragua cannot recognize the said map nor any right that the Republic of Costa Rica claims over the said Nicaraguan maritime spaces. In order to strengthen the relationship between the two peoples and Governments of both countries, we have issued instructions, last September, to the Technical Sub-Commission on Limits and Cartography, to carry out the necessary works to finalise the determination of the maritime boundaries of Nicaragua and Cos " $ Caribbean Sea. I avail myself of this opportunity to reiterate to your Excellency the assurances of my highest and most distinguished consideration. (signed) Norman Caldera Cardenal His Excellency Roberto Tovar Faja Minister of Foreign Affairs and Worship of Costa Rica Annex 17 143 Annex 17 144 Annex 17 145 ANNEX 18 Note from the Ambassador of Costa Rica in Colombia to the Coordinator of ICJ issues of the Ministry of Foreign Affairs of Colombia, " -13-097, 27 February 2013. English translation and Spanish original. 146 147 'Y ~YY Bogotá, D.C., Colombia Bogotá, D.C., 27 February 2013 - 13-097 Mrs. Sonia Pereira, Ambassador Coordinator before the International Court of Justice Ministry of Foreign Affairs Honourable Ambassador: I have the honour to address you with regard to the possible signing of a new Maritime Cooperation Treaty between our two countries. As expressed weeks ago, my country has taken note of the judgment delivered by the International Court of Justice on 19 November 2012 between Nicaragua and Colombia. The effect of the judgment makes the Treaty on Maritime Limits signed between our two countries in 1977, known as the Facio-Fernandez Treaty, impracticable; consequently, my country considers it ineffective, which makes it necessary to sign a new instrument on maritime cooperation. In this regard, Costa Rica has taken note of a proposal for a Joint Patrolling Agreement between our two countries, as well as the possible agreements of the I High-Level Meeting on Security and Justice (GANSJ), to be held in San José in May 2013. My Government, in order to continue and strengthen the cooperation and friendship between our two countries, wishes to propose that this Agreement and related agreements reached within the framework of the GANSJ be examined to determine whether they can be incorporated within a Cooperation Framework and Maritime Security Treaty. In addition to aspects regarding joint patrolling we propose a chapter on maritime cooperation, including the management of fish products and the rescue of ships on the high seas. Also, we propose that joint patrolling not only address the fight against drug trafficking, but also include the fight against organized crime, international terrorism, Annex 18 148 external aggression, piracy, and to combat illegal fishing and shark finning. If Colombia agrees to examine this proposal, my country suggests that technical groups from both countries meet in San José, within the framework of the I Meeting of the HighLevel Group on Security and Justice, set for 30 and 31 May 2013, in order to draft a framework treaty. Please accept, honourable Ambassador, the assurances of my highest consideration. (Signed) Circe Milena Villanueva Monge Ambassador Annex 18 149 Annex 18 150 Annex 18 151 ANNEX 19 Note from the Minister of Foreign Affairs and Worship of Costa Rica to the Minister of Foreign Affairs of Nicaragua, Reference DM-AM-113-13, 5 March 2013. English translation and Spanish original. 152 153 ~¤'%~ %YYY%O ¤ San José, 5 March 2013 DM-AM-113-13 Your Excellency, I have the honour of addressing you with regard to the situation of the Costa Rican marine $&=:> & :: $ " ; Costa Rica has taken note of the scope of the ruling of the International Court of Justice, issued on November 19, 2012, in the context of the case between Nicaragua and Colombia. As regards to the interests of third states in the Caribbean Sea, I hereby transcribe the original text of the Court’s ruling: “161. The Court recalls the statement in its 2011 Judgment on Costa Rica’s Application to intervene in the present proceedings that, in a maritime dispute, “a third State’s interest will, as a matter of principle, be protected by the Court” (Territorial and Maritime Dispute (Nicaragua v. Colombia), Application by Costa Rica for Permission to Intervene, Judgment of 4 May 2011, para. 86). In that Judgment the Court also referred to its earlier Judgment in the case concerning Land, Island and Maritime Frontier Dispute (El Salvador/Honduras), in which it stated that “the taking into account of all the coasts and coastal relationships . . . as a geographical fact for the purpose of effecting an eventual delimitation as between two riparian States . . . in no way signifies that by such an operation itself the legal interest of a third . . . State . . . may be affected” (Judgment, I.C.J. Reports, 1990, p. 124, para. 77). In the Maritime Delimitation in the Black Sea case, the Court noted that, in parts of the area in which the potential entitlements of Romania and Ukraine overlapped, entitlements of third States might also come into play. It considered, however, that this fact did not preclude the inclusion of those parts in the relevant area “without prejudice to the position of any third State regarding its entitlements in this area” (Maritime Delimitation in the Black Sea (Romania v. Ukraine), Judgment, I.C.J. Reports 2009, p. 100, para. 114). The Court stated that “where areas are included solely for the purpose of approximate identification of overlapping entitlements of the Parties to the case, which may be deemed to constitute the relevant area (and which in due course will play a part in the final stage testing for disproportionality), third party entitlements cannot be affected. Third party entitlements would only be relevant if the delimitation between Romania and Ukraine were to affect them.” (Ibid.) 162. The same considerations are applicable to the determination of the relevant area in the present case. The Court notes that, while the agreements between Colombia, on the one hand, Annex 19 154 2 and Costa Rica, Jamaica and Panama, on the other, concern the legal relations between the parties to each of those agreements, they are res inter alios acta so far as Nicaragua is concerned. Accordingly, none of those agreements can affect the rights and obligations of Nicaragua vis-à-vis Costa Rica, Jamaica or Panama; nor can they impose obligations, or confer rights, upon Costa Rica, Jamaica or Panama vis-à-vis Nicaragua. It follows that, when it effects the delimitation between Colombia and Nicaragua, the Court is not purporting to define or to affect the rights and obligations which might exist as between Nicaragua and any of these three States. The position of Honduras is somewhat different. The boundary between Honduras and Nicaragua was established by the Court’s 2007 Judgment, although the endpoint of that boundary was not determined. Nicaragua can have no rights to the north of that line and Honduras can have no rights to the south. It is in the final phase of delimitation, however, not in the preliminary phase of identifying the relevant area, that the Court is required to take account of the rights of third parties. Nevertheless, if the exercise of identifying, however approximately, the relevant area is to be a useful one, then some awareness of the actual and potential claims of third parties is necessary. In the present case, there is a large measure of agreement between the Parties as to what this task must entail. Both Nicaragua and Colombia have accepted that the area of their overlapping entitlements does not extend beyond the boundaries already established between either of them and any third State.” Given that the Republic of Costa Rica is a third State whose interests and rights in the Caribbean Sea remain intact in relation to Nicaragua, and considering as well the effect of the referred judgment that some marine spaces have been recognized by Nicaragua only in relation to Colombia, it is necessary for our two countries to establish final maritime boundaries in those waters of the Caribbean Sea where the interests of both states on the territorial sea, adjacent area, exclusive economic zone and continental shelf overlap, all pursuant to the United Nations Convention on the Z!" ;~& >& :\ "! >$> >&\ & " ; In conformity with articles 15, 74 and 83 of the aforementioned Convention, it is pertinent for our countries to continue negotiations to define the maritime spaces corresponding to each State. Nevertheless, and until a final agreement is possible, and only in a spirit of understanding and cooperation, and the goal of reaching provisional agreements of a practical nature during this transition period, Costa Rica proposes to Nicaragua that the temporary maritime border be an equidistance line from the land points that constitute the international border of both countries, pursuant to the Treaty of Limits of 1858, up to a distance of 200 nautical miles. Naturally, the equidistance line does not prejudge the final delimitation, and Costa Rica observes that it maintains intact its rights to maritime spaces beyond the equidistance line proposed. Nevertheless, until there is a final demarcation, and if and when Nicaragua agrees to observe the same behaviour, Costa Rica shall not perform acts beyond the line temporarily agreed. In order for the equidistance temporary line to not constitute a source of disagreement, Costa \ !\!&& OQ&!!" ' & $?&!" !"#$% !&: one to propose the temporary equidistance line, or that it asks a specialized technical body to propose it, both on the Caribbean Sea and on th " Z = $!&!\ =$?" rights that shall be recognized to each party pursuant to international law. Annex 19 155 3 I call to mind, Your Excellency that through the communication dated September 6, 2002, Costa Rica and Nicaragua requested the technical support of the United Nations in the delimitation work agreed at that time; thus, this proposal is fully supported by the decision of both states to appear before said instance. Finally, I wish to reassure Your Excellency of my Government’s commitment to continue the negotiations for the maritime delimitation between both countries, for which my country awaits the programming of the following negotiations round, which Nicaragua shall host, according the calendar agreed in 2005, and which were unilaterally suspended by Nicaragua. Please accept, Your Excellency, the assurances of my highest consideration. Enrique Castillo Barrantes Minister His Excellency Samuel Santos López Minister of Foreign Affairs Republic of Nicaragua CC: Secretary-General of the United Nations Security Council of the United Nations Secretary- !" ? ^ !!"Y> & Annex 19 156 Annex 19 157 Annex 19 158 Annex 19 159 Annex 19 160 161 ANNEX 20 Note from the Minister of Foreign Affairs of Nicaragua to the Minister of Foreign Affairs and Worship of Costa Rica, Reference MRE-DM-205-4-13, 8 April 2013. English translation and Spanish original. 162 163 ~¤'%~ %YY Managua, 8 April 2013 MRE/DM/205/4/13 Minister: I have the honour of writing to you in relation to your note of 5 March 2013 DM-AM-113-13 regarding the maritime delimitation between both countries, both in the Caribbean and the Pacific. In this regard, Nicaragua wishes to remind your Illustrious Government that historically Costa Rica has never claimed an exclusive economic zone of 200 nautical miles nor a continental shelf in the Caribbean, a position which accords with the actions and statements made by Costa Rica to date, which are further strengthened by the obedience and consistency with which Costa Rica recognizes that it has respected the Treaty on the Delimitation of Marine and Submarine Areas and Maritime Cooperation signed with the Republic of Colombia in 1977, which establishes a limit of only 70 nautical miles, approximately. It is also worth noting your government’s request to intervene in the case concerning the “Territorial and Maritime Dispute (Nicaragua v. Colombia)” in clear defence of said treaty, by expressing that Costa Rica did not wish its long relationship with Colombia concerning the limits in the Caribbean provided by said treaty to be affected or eliminated as a result of these proceedings. Based on the foregoing, it is surprising that Costa Rica proposes to establish “provisional agreements of a practical nature” in relation to the maritime boundary, based on “an equidistance line starting from the land borders that constitute the international limits of both countries, based on the Border Treaty of 1858, to a distance of 200 nautical miles.” It is worth noting that to date Nicaragua has never entered into discussions with Costa Rica to reach a provisional agreement of this nature in the Pacific, much less in the Atlantic where Costa Rica has never claimed 200 nautical miles. In relation to the suspension of the meetings of the technical subcommission, Costa Rica surely recalls, but fails to mention, that these were affected by the surprising and arbitrary claim made against Nicaragua before the International Court of Justice in the case “Navigational and Related Annex 20 164 Rights (Costa Rica v. Nicaragua)” submitted by Costa Rica on 29 September 2005, only twelve days before the meeting by the technical sub-commission was scheduled to take place on 10 and !: +; Similarly, the implementation of the 2008 agreements to jointly carry out the densification of the boundary markers, the endorsement of the boundary minutes and drawing up of basic maps compatible with the border area in both countries remains pending. Notwithstanding the above, and as part of the firm commitment of the Government of Reconciliation and National Unity with its international obligations and with the development of our peoples, I hereby express the utmost willingness of our government to continue with the meetings of the technical sub-commission, on the basis of which we shall coordinate as && ! !Q >?! $ &= : "! :!\ &; technical sub-commission is reactivated it shall make recommendations on the best way to proceed on each of the points on the agreed agenda. Please receive, Minister, assurances of my highest consideration. (Signature) >= !&_\^ Mr. Enrique Castillo Barrantes Minister of Foreign Affairs Republic of Costa Rica ¤& "" Annex 20 165 Annex 20 166 Annex 20 167 ANNEX 21 Note from the Minister of Foreign Affairs and Worship of Costa Rica to the Minister of Foreign Affairs of Nicaragua, Reference DM-AM-205-13, 17 April 2013. English translation and Spanish original. 168 169 ~¤'%~ %YYY%O ¤ San José, 17 April 2013 DM-AM-205-13 Excellency: I have the honour of referring to communication MRE/DM/205/4/13 dated 8 April 2013 in response to the invitation made by Costa Rica to Nicaragua to continue the dialogue on the situation of marine and submarine spaces of both countries in the Caribbean Sea and Pacific ; The Government and people of Costa Rica have always resorted to dialogue and international law and aspire to have the best friendly relations with all countries in the world, but most importantly with neighbouring countries, with which we have the utmost desire to continue having strong bonds. This is not only due to the vicinity, history and culture that identify us and connect us, but also because it is our obligation as civilized states governed by the basic principles of coexistence that thus require it. These basic principles of coexistence, most of which are recognized as principles of international law, establish recognizing to each that which by law corresponds to it. Costa Rica does not seek anything more than that with Nicaragua. Thus, although not surprising, Nicaragua’s capricious interpretation of Costa Rica’s rights in the Caribbean Sea is disappointing. As indicated in my note of 5 March, in its decision of 19 November 2012 the International Court of Justice established that for Nicaragua the unratified maritime agreement between Costa Rica and Colombia constitutes res inter alios acta. Consequently, Nicaragua cannot invoke this agreement, or any other agreement which Costa Rica signs, with Colombia or any other State, to derive rights and obligations. It is not only a principle of general scope, but that for the specific case of Nicaragua constitutes res judicata. Thus, Costa Rica maintains intact before Nicaragua its rights to the marine spaces that correspond to it in conformity with the United Nations Convention on the Law of the Sea and the principles of international law that govern this matter. Since the aforementioned Convention applies reciprocally to Costa Rica and Nicaragua, it is logical and convenient that its provisions be applied. Consequently, the proposal of a provisional maritime agreement, awaiting the maritime delimitation between the two States, is consistent with that set forth by the Convention. Annex 21 170 -page 2- Regarding the status of the densification of boundary markers which you mention, I wish to express that Costa Rica has the best intention to resume these activities with Nicaragua as soon as the International Court of Justice issues a final decision on the case “Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua).” It is worth noting that in that case Nicaragua is disputing the stability of the border agreed between both states and established by arbitration awards. Although the densification must be performed between markers II and XX, my Government does not consider it possible to resume the discussion of these works in the aforementioned circumstances until there is a final judicial decision resolving the stability of the common border regime. Please accept, Your Excellency, the assurances of my highest consideration. (Signed) Enrique Castillo Barrantes Minister His Excellency Samuel Santos Minister of Foreign Affairs Republic of Nicaragua Signed received 24/04/13 Annex 21 171 Annex 21 172 Annex 21 173 ANNEX 22 Note from the Permanent Mission of Costa Rica to the United Nations to the Secretary- !"#$% !& " ' %#-438-2013, 15 July 2013. English translation and Spanish original. 174 175 Permanent Mission of Costa Rica before the United Nations 211 E. 43rd Street, Room 903, New York, NY 10017. Tel: (212) 986-6373 ' %#-438-2013 New York, 15 July 2013 The Permanent Mission of Costa Rica before the United Nations kindly greets the Secretary General of the United Nations and, with reference to the note presented by the Republic of Nicaragua to the Commission on the Limits of the Continental Shelf of 24 June 2013 regarding the extension of its continental shelf on the Caribbean Sea, wishes to express the following: Nicaragua indicates in Section II, paragraph 8, of its Executive Summary that there are no unresolved maritime disputes related to its request. This is incorrect. Costa Rica and Nicaragua have a maritime disagreement regarding Nicaragua’s request that has not been resolved, to the extent that the marine areas claimed by Nicaragua invade marine areas that belong to Costa Rica in conformity with International Law. The existence of a maritime dispute between Costa Rica and Nicaragua is a well-known fact, which led the Republic of Costa Rica to request Nicaragua to continue with the negotiation of an agreement on maritime limits on the Caribbean Sea, of which a copy was sent to Your Excellency, Secretary-General of the United Nations, on 8 March 2013 !=?! %#-318-2013. Therefore, in conformity with Rule 46 of the Rules of Procedure of the Commission regarding cases where there are land or maritime disputes, as occurs in this case, the request of Nicaragua is subject to Appendix I, paragraph 5 (a) of said Rules of Procedure. Costa Rica requests that the Commission on Limits of the Continental Shelf takes note of this communication, and that it be circulated and published. The Permanent Mission of the Republic of Costa Rica before the United Nations takes this opportunity to reiterate to the Secretary General of the United Nations the assurances of its highest consideration. H.E. Mr. Ban Ki-moon Secretary General United Nations New York Annex 22 176 Original text in English MCRONU-439-2013 New York, 15 July, 2013 Excellency: I have the honor to present my compliments to you, and convey the attached note verbale in reference to the submission made by the Republic of Nicaragua to the Commission on the Limits of the Continental Shelf on 24 June 2013, regarding the extension of its Continental Shelf in the Caribbean Sea. I avail myself of this opportunity to convey to you, Excellency, the assurances of my highest consideration. Eduardo Ulibarri H.E. Mr. Ban Ki-moon Secretary General United Nations New York PERMANENT MISSION OF COSTA RICA BEFORE THE UNITED NATIONS AMBASSADOR - PERMANENT REPRESENTATIVE Annex 22 177 Annex 22 178 Annex 22 179 ANNEX 23 Note from the Minister of Foreign Affairs and Worship of Costa Rica to the Minister of Foreign Affairs of Nicaragua, Reference DM-AM-393-13, 19 July 2013. English translation and Spanish original. 180 181 ~¤'%~ %YYY%O ¤ July 19, 2013 DM-AM-393-13 Excellency, I am writing with regard to the offering of blocks for hydrocarbon exploitation by % ?= " $ :: !\ ! => !>\ &; My country has recently learned of the offering of blocks or areas for hydrocarbon exploration and exploitation " &Z as the Caribbean Sea performed by the Republic of Nicaragua in the document “Petroleum Promotional Folder of Nicaragua,” by the Nicaraguan Ministry of Energy and Mines, dated 2012. In page 31 of this document there is a map that indicates, in general terms, the location of the blocks or areas offered. It is clearly visible that an important number of these blocks or areas offered by Nicaragua are located in the maritime space of the Republic of Costa Rica in conformity with International Law. Furthermore, in said promotional material the Republic of Nicaragua refers to geological information of maritime spaces of the Republic of Costa Rica. Considering that on August 26, 2002, through note DM-225-2002, my country objected to a similar action, and also invited Nicaragua to begin a process for negotiation of the maritime limits, it is clear that the publication of the aforementioned petroleum promotional material of 2012, and the information contained therein, seriously infringes maritime spaces that belong to Costa Rica. & ! &! $ ! ! what occurred in 2002, Nicaragua has not alerted its potential bidders that its limits are not defined in relation to Costa Rica, nor that the blocks or areas offered are the property of or are claimed by Costa Rica. Despite the beginning of the negotiations of maritime limits proposed by Costa Rica, which were unilaterally suspended by Nicaragua in 2005, and of the fact that Costa Rica recently proposed to renew the negotiations, your Government’s behaviour of making offers for exploration and exploitation of petroleum in maritime spaces property of Costa Rica is very grave. Consequently, my country expresses its strongest protest of these facts, and asks the Republic of Nicaragua to immediately remove said promotional material. Furthermore, it requires Nicaragua to not make concessions for the exploration or exploitation of marine : ! &! & " $ :bean Sea, that violate the maritime spaces that belong to Costa Rica. Costa Rica does not recognize and shall not recognize any effect or right arising from the concessions granted or to be granted by Nicaragua, and it does not accept rights derived or created to third parties, whether these are States, other subjects of international law, companies or citizens of any country, which claim rights of any nature over these areas. Costa Rica Annex 23 182 reserves the right to take and it shall take any and all judicial actions, both locally and internationally, against any rights claim made in relation to these spaces, with the living or non-living resources existing therein. Some of the referred blocks or areas offered by Nicaragua, which undoubtedly penetrate Costa Rican maritime areas, are the following: Pacific Ocean blocks PA-31, PD-36, PD-35, PD-34, PE-01, PE-02, PE-03, PE-04, PE-05, PE-06, PE-08, PE-09, PE-10, PE-11, PE-12, PE-15, PE-18, PB-01. Caribbean Sea blocks AI-04, AI-05, AI-06, AI-07, AI-08, AI-09, AI-10, AI-11, AI-12, AI-13, AI-14, AI-15, AI-16, AI-17, AI-18, AI-19, AI-20, AI-21, AI-22, AI-23, AI-24, AI-25, AI-26, AI-27, AI-28, AI-29, AI-30, AI-31, AI-32, AI-33, AI-34, AI-35, AI-36, AD-18, AD-22, AD- 23, AD-24, AD-27, AD-28, AD-29, AD-30, AD-33, AD-34, AD-35, AD-36,AE-03, AE-04, AD-05, AD-06, AJ-01, AJ-02, AJ-03, AJ-04, AJ-05, AJ-06. This list is presented solely as an example and in no way limits, exhausts or restricts the rights and interests of Costa Rica to the marine spaces in the Caribbean Sea and the Pacific ; = ! >! ! : ! & ! > & !"" $ : % ?= which violate Costa Rican maritime spaces does not affect Costa Rica’s rights over said spaces. Finally, Costa Rica observes that the existence of living and non-living resources in Costa Rican maritime spaces, which may reach Nicaraguan maritime spaces, require bilateral agreements for their exploration and exploitation in order to have a rational and equitable use of those resources, so that their exploitation shall not be performed to the detriment of one of the parties, or cause significant cross-border impacts, pursuant to international law. Therefore, Costa Rica reiterates its invitation to Nicaragua to continue negotiations to determine the maritime limits on the Pacific $ :: ; Please accept, Honourable Minister, the assurances of my highest consideration. Enrique Castillo Barrantes Minister His Excellency >= !&_\^ Minister of Foreign Affairs Republic of Nicaragua Annex 23 183 Annex 23 184 Annex 23 185 ANNEX 24 Joint Note from the Presidents of Colombia, Panamá and Costa Rica to the Secretary-General of the United Nations, Reference 13.488845, 23 September 2013. English translation and Spanish original. 186 187 13.48845 Translated from Spanish New York, 23 September 2013 Sir, We, the Heads of State and Government of Colombia, Costa Rica and Panama, have the honour to address you in order to express our concern at the claim submitted by Nicaragua for the extension of its marine and submarine areas and its land territory to the detriment of the legitimate rights and interests of our respective countries, which constitutes a clear threat to regional peace and security. In that connection, our States, through dialogue and good faith, have for decades contributed to peace and stability in the Caribbean Sea region, based on respect for international law and for the rights of each State, ensuring peaceful coexistence and security in a highly complex and diverse region. Nicaragua, disregarding the rights of our States, has stated before the Commission on the Limits of the Continental Shelf that there are no unresolved maritime disputes in relation to its unfounded claim to a continental shelf area beyond 200 nautical miles. This is incorrect and we, the undersigned, all emphatically reject this claim since it affects extensive areas belonging to our countries. In view of the above, we, the undersigned, categorically reject the unfounded claims of Nicaragua to continental shelf areas and other marine areas not belonging to it, which are detrimental to our legitimate rights in the area, and we hereby state our firm resolve to prevent such claims from succeeding. ¤&{ ' ; £>!! United Nations Secretary-General New York Annex 24 188 13.48845 We trust that the United Nations, true to its purpose of maintaining international peace and security, will take account of this concern and this unequivocal joint statement. We should be grateful if you would have a copy of this letter sent to all Member States, to the Commission on the Limits of the Continental Shelf and to the International Court of Justice. Accept, Sir, the assurances of our highest consideration. (Signed) Juan Manuel Santos (Signed) Laura Chinchilla President of Colombia President of Costa Rica (Signed) Ricardo Martinelli President of Panama Annex 24 189 Annex 24 190 Annex 24 191 ANNEX 25 Note from the Permanent Representative of Costa Rica to the United Nations to the Secretary- !"#$% !& " ' %#-559-2013, !: ; English original. 192 193 Annex 25 194 Annex 25 195 ANNEX 26 Note from the Minister of Foreign Affairs and Worship of Costa Rica to the Minister of Foreign Affairs of Nicaragua, Reference DM-AM-095-14, 24 February 2014. English translation and Spanish original. 196 197 ~¤'%~ %YYY%O ¤ 24 February 2014 DM-AM-095-14 Sir, July 2013, through note DM-AM-393-13, Costa Rica protested hydrocarbon exploration and exploitation promotional material issued by the Government of Nicaragua, which included a map depicting oil blocks encroaching on Costa Rica’s maritime spaces, both in the Caribbean $ " . My country requested that Nicaragua withdraw such material, and inform potential bidders of Costa Rica’s position. Costa Rica also invited Nicaragua to recommence negotiations for a > >:!=$ ? > :! :: $ " ;¤!ZQ to the present date, some seven months later, Nicaragua has not withdrawn the hydrocarbon exploration and exploitation material, which remains publicly accessible at Nicaragua’s Ministry of Energy and Mines, nor has amended it. Furthermore, Nicaragua has not responded to Costa Rica’s note, and has shown no interest whatsoever in settling its maritime boundaries with Costa Rica by means of bilateral negotiations. Moreover, a recent amendment to Nicaragua’s Constitution \=: &$ "" ^!" 10 February 2014, purports to interpret that judgments by the International Court of Justice between Nicaragua and two other states establish a maritime limit with Costa Rica in the Caribbean Sea. However, neither of the judgments does such a thing. In addition, the filing of an extended continental shelf to the Commission on the Limits of the Continental Shelf, and the recent issuance of a decree of straight baselines, are actions by Nicaragua which curtail Costa Rica’s maritime areas, constitute unfriendly acts and, moreover, fail to recognize Costa Rica’s rights under international law, both in the Caribbean Sea and the " . These actions force my State to take necessary measures at the international level to protect its rights under international law. Therefore, my Government reiterates its protest of 19 July 2013, and points out that Nicaraguan domestic law does not have any impact on Costa Rica’s rights. I take this opportunity to renew the assurances of my consideration. Annex 26 198 Enrique Castillo Barrantes His Excelency >= !&_\^ Minister of Foreign Affairs Republic of Nicaragua Annex 26 199 Annex 26 200 201 MINUTES 202 203 ANNEX 27 Press Release of < !: < $'= of Liberia meeting of 25 January 1977, referring to the initiation of discussions of a maritime boundary in the " \ !$= $j'& !"! ?Y"" & $! &\!" Costa Rica, Annual Report 1976-1977, Vol. I, pp 156-160. English translation and Spanish original. 204 205 Annual Report Ministry of Foreign Affairs and Worship 1976-1977 Submitted to the Legislative Assembly 13 May 1977 p. 156 Press Release “Gathered here, on behalf of Nicaragua, the Ministers of Foreign Affairs, Economy and Defence, and, for Costa Rica, the acting Minister of Foreign Affairs, and the Ministers of Economy and Security, they conversed extensively on the differences existing between the two countries, in the spirit of finding solutions in conformity with the existing cordial relations and their traditional friendship, and approved the following resolutions: 1.- That both Governments will monitor, through their National Geographic Institutes, that \=: ! !" > \& $$ : "" &=!& &!Z :! $ :Z Nicaragua and Costa Rica exactly as indicated by the international instruments in effect between both countries. 2.- That both Governments will be vigilant that their authorities and officials do not perform any acts that affect the territorial integrity and sovereignty of the other State. 3.- That there being no conflict regarding the borders, the National Geographic Institutes of Nicaragua and Costa Rica shall restore markers 2 to 4 of the border, and will place intermediate markers, at the number deemed convenient, to facilitate the identification of the border with the rest of the border line. 4.- That both Governments will take all adequate measures to prevent that in the territory of their corresponding States subversive activities being carried out that attempt to alter the public order and peace of the other state. 5.- That those employers who hire temporary workers from the other country commit to repatriate those workers once their contract is completed. 6.- That the captains and crew of fishing boats detained for illegal fishing shall be granted full freedom, as soon as possible, once legal processes have been complied with, and the seized boats shall be returned in a similar working state to that which they had at the time of their capture. 7.- That in order to prevent future problems regarding fishing, the Geographic Institutes of both countries shall begin studies on the delimitation of the borders of the maritime spaces Annex 27 206 of both countries, and that the Ministries of the Economy and the Ministry of Agriculture and Livestock in Costa Rica shall establish a mechanism for the possibility of granting reciprocal licenses to the fishing boats of the other country. In addition to the above resolutions, it was deemed convenient, to reaffirm the excellent relations that have always existed between the two countries, to hold soon a meeting of the ¤!!= : Y & &!!>!^ O: $ $!O $=: &$& of Nicaragua and Costa Rica, respectively.” La Virgen, Departamento de Riva& % ?= !: < <; '~% O%~ The Presidents of both countries accepted the recommendation contained in the Press Release of the Meeting of Cibalsa, and decided to meet in Managua, Nicaragua, on November 5, 1976. The Ministries of Foreign Affairs did not agree to an agenda beforehand. As a result of this gathering the following joint communiqué was issued: “Gathered here, the Presidents of the Republics of Nicaragua and Costa Rica, General Anastasio Somoza Debayl $ $!O $=: , Agreed the following: 1.- To express their appreciation of the resolutions approved by the Ministers at the meeting $ ` ? O\ >!$Q & ! !: < <; 2.- To express their conviction that by complying with these resolutions the differences between both countries will be fully resolved. 3.- To reiterate their determination to maintain unaltered the cordial relationships and the traditional friendship between Nicaragua and Costa Rica. 4.- To express their satisfaction with the recent signing of the Mediation Agreement between El Salvador and Honduras, and hope that it resolves the controversies existing between them. 5.- To reiterate their wishes that the works to restore the Central American Common Market conclude as soon as possible. Managua, Nicaragua, 5 November 1976. (signed) Anastasio Somoza Debayle &?$ O $=: Annex 27 207 '~% Y In order to monitor the progress achieved in compliance with the agreements of Cibalsa, a new meeting of Nicaraguan and Costa Rican officials was organized. It was held in Liberia, Guanacaste, on 25 January 1977, with the participation of the Ministers of Foreign Affairs, the Economy, Industry, Commerce and Agriculture of both countries, the Ministry of Public Security of Costa Rica and of Defence of Nicaragua, and the directors of the corresponding geographic institutes and advisors of both Ministries of Foreign Affairs. Y %OY ~¤'~% 1.- Work performed for the demarcation of territorial and maritime limits. 2.- Agreement for joint exploitation of the maritime wealth in the border area. 3.- Information regarding the return of boats. AGREEMENTS REACHED Y~ ~¤ '~% Y ~Y Y % + JANUARY 1977 1.- The report presented by the Directors of the National Geographic Institutes, regarding the establishment and densification of the markers between points No. 2 and No. 6 of the border areas, was accepted and deemed satisfactory. The Directors expressed that during 1977 approximately 25 concrete markers will be placed, along with a total of 50 magnetic reference markers, covering a distance of 11.5 kilometres of tracks, 10 metres wide. 2.- The National Geographic Institutes shall continue with the studies to delimit the maritime borders between the two countries, and the results of the corresponding studies of both Governments shall be presented before March 31 of this year, in conformity with the international standards applicable to this matter. 3.- The Ministry of the Economy of Nicaragua and of Agriculture and Livestock of Costa Rica shall begin conversations to prepare a temporary agreement establishing a fishing border area for both countries, while the final maritime delimitation is made, also agreeing to convenient conversation measures and the sanctions that shall be imposed to nationals of Annex 27 208 the other country who fish without permission outside of the indicated area. The Ministers mentioned will present the proposal on the above topics before 28 February of this year. 4.- In relation to the return of the boats, the case of “Acuario L” and “El Don Tomás,” this has been resolved in a satisfactory manner, therefore both will be returned. In the case of the boat “La Chocoyona,” an agreement was reached that it shall be repaired within 45 days, under the supervision of its owner; in addition, &=>!";_ $!: & shall be provided as compensation. Regarding the boat “El Eduardito,” the interested parties are holding conversations, which shall conclude this afternoon with an agreement of the sum to be paid. With regard to “La Talita,” the boat will be delivered in functioning conditions within 30 days; in addition, a sum of 8.000 _ $!: & will be provided as compensation. Regarding the boat “Santa Cecilia”, case which was not considered in the Cibalsa Agreement, but is presented as a claim at this time, will be studied by both Governments, soon and willingly. 5.- The Government of Nicaragua commits to return the boats “San Martín” and “Margarita” as soon as the proceedings of this agreement are completed. Liberia, Costa Rica, 25 January 1977. To date, all boats have been released and returned to their owners, task that was assigned to the Ministries of Public Security and Defence of Costa Rica and Nicaragua, respectively. In relation to section 2) of the Agreement of Liberia, the delimitation of the maritime border in the Pacif & & :? &=$$; ith regard to section 3) of the same agreement, the National Geographic Institute and this Ministry of Foreign Affairs are studying a proposal of the Nicaraguan Government. Annex 27 209 Annex 27 210 Annex 27 211 Annex 27 212 Annex 27 213 Annex 27 214 Annex 27 215 ANNEX 28 Final Minutes of the IV Binational Nicaragua-Costa Rica Meeting, Granada, Nicaragua, 12-13 May 1997. English translation and Spanish original. 216 217 %Y'%#~ ~¤`%Y~ %Y'~% NICARAGUA- ~YY The IV Meeting of the Binational Nicaragua-Costa Rica Commission held in the city of Granada, Republic of Nicaragua on May 12 and 13, 1997, included the participation of high level representatives of the governmental institutions involved in the development of the border zones. It was held in an environment of Central American fraternity that allowed ample exchange of opinions regarding topics of interest that comprise the bilateral agenda on which the different Sub-Commissions reached important agreements. The meeting was headed by the Foreign Affairs Ministers and included the participation of delegations from the Legislative Powers and representatives of the administrative authorities of the border communities from both countries, which contributed to the integral approach to the different topics discussed. The meeting had the honor of being closed by the Presidents of both countries. Through their respective Ministries of Foreign Affairs, the Parties agreed to a methodology consisting of four working groups from which emanated the agreements that are an integral part of this final minute. The following Sub-Commissions were established: (…) III. Working Group on Limits and Cartography The Sub-Commission on Limits and Cartography will be in charge of executing the temporary desk studies regarding the possible maritime delimitations in the Pacific & Z & :: ea. These delimitation studies are technical and preliminary and do not prejudice the legal position or the sovereign rights of the respective States. Regarding this matter, the following was agreed: 1. The Sub-Commission on Limits and Cartography has established basic cartography that will serve to study the maritime issue: a) % = ' Y%!;+"! " ; b) % = ' Y%!;*+"! :: ; c) Chart No. 1025 for Salinas Bay. d) Topographical sheets at a scale of 1:250.000 of the Americas Series "! " $ :: ; e) Topographical sheets at a scale of 1:50.000 of the Americas Series "! " & $ :: = Castilla). f) Topographical sheet (Liberia) at a scale of 1:200.000. g) Topographical sheet at a scales of 1:200.000 (Barra del Colorado) which will be provided by the NGI. 2. This Sub-Commission recommends that the legal documents to support the work that is to be done should be the following: a) Jerez - Cañas Treaty of Limits, Nicaragua-Costa Rica of 1858 Annex 28 218 b) Grover Cleveland Award of 1888. c) Engineer E.P. Alexander Award (Awards No.1 to 5) d) Internal law of both countries e) International legislation in force for both countries 3. The Sub-Commission on Limits and Cartography must present the study established in this chapter in the month of August of this year, at the latest, and for which a meeting of this Sub-Commission is foreseen for the harmonization of the technical studies and for the submission of the final proposal. 4. Recommend to the Security and Immigration Commission that while the Sub-Commission on Limits and Cartography prepares the necessary material for proposing a technical solution to the maritime issues, mutual cooperation alternatives be explored in order to deal with security and patrol problems along the border zone. IV. MARITIME DELIMITATION Foreign Affairs Minister Naranjo, reiterated the firm commitment of his Government not to take action regarding its position on the limits on the Northern Caribbean, until the Governments of Nicaragua and Colombia reach an agreement that allows them to resolve the dispute that has arisen between the two friendly nations. (…) Annex 28 219 Annex 28 220 Annex 28 221 Annex 28 222 Annex 28 223 Annex 28 224 Annex 28 225 Annex 28 226 Annex 28 227 Annex 28 228 Annex 28 229 Annex 28 230 Annex 28 231 Annex 28 232 Annex 28 233 Annex 28 234 Annex 28 235 Annex 28 236 237 ANNEX 29 Minute of the meeting of the Vice Ministers of Foreign Affairs of Costa Rica and Nicaragua, 6 September 2002. English translation and Spanish original. 238 239 MINUTE ~¤ '~% ~% '; Y% ¤~ `-MINISTER ~Y Y Y%O '; Y`YO ~YO~¤Y % `-'%~ %YY #Y ~ %~Y~ ~¤ %`Y~ % ~¤ 'Y~' O'~Y~ %~% ~¤ #%~ San José, September 6, 2002 1. Both parties began the meeting by recognizing the importance of the renewed bilateral relations between the Republics of Costa Rica and Nicaragua, which allows for a favourable and constructive environment to hold conversations regarding their maritime del> ! " $ :: ; 2. As a first point they exchanged opinions regarding the Final Minutes of the IV Bilateral Meeting Nicaragua – Costa Rica, held in Granada, Nicaragua on 12 and 13 May 1997, specifically the functions of the Working Table on Limits and Cartography. In this regard, it was agreed to reactivate the Sub-Commission on Limits and Cartography contemplated therein. 3. It was also agreed that the technical Sub-Commission would be comprised of representatives of the Ministries of Foreign Affairs of both countries and representatives of the National Geographic Institute of Costa Rica and the Nicaraguan Institute of Territorial Studies. In this regard, the Sub-Commission was expected to meet on the first week of the following November, in San José, in order to prepare a work plan with corresponding timeline, exchange technical information, define the methodology and perform the inventory of resources required for their work. At the end of each working session, the Sub-Commission shall prepare the corresponding Minutes. 4. The technical Sub-Commission, during the course of its work, shall present its results to the Vice-Ministers of Foreign Affairs, who shall determine the final recommendations that will be presented to the Ministers of Foreign Affairs. 5. Both Vice-Ministers of Foreign Affairs congratulated each other on the fact that both countries are party to the United Nations Convention on the Law of the Sea, thus they deemed convenient to request assistance from the DQ&! "! Y"" & $ Z!" !" "" !"? Y"" &!"#$% !&; Consequently, they agreed to write a joint letter to the Secretary-General of the ? ^ ! $ ? Z ?&& !" :! != & ! :? !versations regarding maritime delimitation and a request on the possibility of assistance from said Division in relation to this process. Annex 29 240 Annex 29 241 Annex 29 242 243 ANNEX 30 Minute of the First Meeting of the Sub-Commission on Limits and Cartography, 7 November 2002. English translation and Spanish original. 244 245 MINUTE ~¤~'~% ~¤#- '' % '~Y%O Y~ Y¤ San José, 7 November 2002 Held at the premises of the Ministry of Foreign Affairs and Worship of the Republic of Costa Rica, and in compliance with the agreement reached by the Vice-Ministers of Foreign Affairs of the Republic of Nicaragua and the Republic of Costa Rica on 6 September 2002 to begin conversations conducive to defining the maritime delimitation between both countries. The delegations were comprised of the following individuals: For the Republic of Nicaragua: Dr. Julio Cesar Saborío Argüello General Director of Sovereignty, Territory and International Legal Matters Ministry of Foreign Affairs Dr. Alejandro Montiel Argüello Legal Advisor Ministry of Foreign Affairs Lic;? ' ? =Q Y_ General Department of Sovereignty, Territory and International Legal Matters Ministry of Foreign Affairs Pedro Miguel Vargas, Eng. General Director of Geodesy and Cartography Nicaraguan Institute of Territorial Studies Gonzalo Medina, Eng. Technical Advisor Department of Geodesy and Cartography Nicaraguan Institute of Territorial Studies Dr. Ricardo Wheelock Román Chief of the Center of Military History Nicaraguan Army Lic. Carlos Arroyo Borgen International Relations Advisor Ministry of Defence Annex 30 246 Lic. Mauricio Díaz Nicaraguan Ambassador in Costa Rica ' ? = !$_\^ Advisor Nicaraguan Embassy in Costa Rica For the Republic of Costa Rica: Dr. Carlos Alvarado Advisor of the Minister of Public Security and ad-hoc Advisor of the Ministry of Foreign Affairs Ambassador Rodrigo Carreras Director of the Manuel María de Peralta Diplomatic Institute Ambassador Alvaro [sic] Y _ Advisor to the Minister Ministry of Foreign Affairs Eduardo Bedoya, Eng. Director of the National Geographic Institute ' & ! $ : ?_ Advisor of the Ministry of Foreign Affairs Master Sergio Ugalde Coordinator of the Commission on International Law Ministry of Foreign Affairs Master Arnoldo Brenes Advisor to the Minister Ministry of Foreign Affairs Master Adriana Murillo Member of the Commission on International Law Ministry of Foreign Affairs The Costa Rican Minister of Foreign Affairs gave the welcoming remarks, and both countries congratulated each other on the new era of neighbourly relations, characterized by ties of brotherhood and good neighbourliness, and willingness to strengthen cooperation in Annex 30 247 sustainable development. In this regard, it was noted that it would be timely to review the discussions on maritime delimitation that took place in Cibalsa in 1976. According to the agenda established and approved by the Sub-Commission, the first point of the meeting was reaching the following agreements to be passed on to the Vice-Ministers of Foreign Affairs for their consideration: I.- Creation of a database with documentary and cartographic material Based on the agreements of the Final Minutes of the IV Bi-national Meeting NicaraguaCosta Rica, held in Granada, Nicaragua, on 12 and 13 May 1997, having updated the list indicated therein with the most recent material, it was decided: I.1.- To use the following cartographic material as an open list, with the possibility of including new documents in the process: a. Map “21547. Central America. NICARAGUA- ~Y Y = $ ur and Approaches, Mercator Projection, World Geodetic System (WGS)” 1:75 000. Prepared and published by Defense Mapping Agency Hydrographic/Topographic Center, second edition, 1995. b. Nautical ¥ ' Y+ &! & %YY #Y- ~YY;! o to punta Guiones, Mercator Projection, World Geodetic System (WGS), 1972 Datum” 1:300 000. Prepared and published by Defense Mapping Agency Hydrographic/Topographic Center, 36th edition, 1995. c. % = ¥ ' Y+;%! " America – West Coast. Punta Remedios to Cabo Matapalo. Mercator Projection, World Geodetic System (WGS), 1972 Datum” 1:1 000 000. Prepared and published by Defense Mapping Agency Hydrographic/Topographic Center, 1st edition, 1994. d. Map “28110. Central America – East Coast. NICARAGUA- ~YY ?= $ Perlas to Río Colorado. San Juan del Sur and approaches. Mercator Projection, World Geodetic System (WGS)” 1:175 000. Prepared and published by Defense Mapping Agency Hydrographic/Topographic Center, second edition, 2001. ; ' \ ¥ Y% ; *<; :: ; Southwest Part. Mercator Projection, World Geodetic System (WGS)” 1:1 200 000. Prepared and published by Defense Mapping Agency Hydrographic/Topographic Center, 1st edition, 1992. f. Map 1025, Central America, West Coast of Nicaragua and Costa Rica. SALINAS BAY. =: &$** ¤ $ !? \ "" !"% Q th edition. g. Topographic sheets at a scale of 1:50 000; “Bahía Salinas”, edition 2-IGNCR, 1998. Lambert projection. Clarke’s &\ !$ !" *<< !\K= "=$ > ; % ! Annex 30 248 Geographic Institute, Costa Rica, with the collaboration of the General Department of Cartography, Nicaragua, and the Inter-American Geodetic Survey, and Caribbean Sea (Punta Castilla), National Geographic Institute, Costa Rica. “Punta Castilla”, edition 2- % *; >: \ ! !; ¬& &\ !$ !" *<< !\K= "=$ > ; National Geographic Institute, Costa Rica, with the collaboration of the Inter-American Geodetic Survey. h. Topographic sheets with scale 1:200 000: “Liberia“, CR-2CM-1. Lambert projection, ¬&&\ !$!"*<< !\K="=$ > ;% ! !? \ &= !& Rica, with the collaboration of the Inter-American Geodetic Survey. “Barra del Colorado,” CR-2CM-; >: \ ! ! ¬& &\ !$ !" *<< !\K= "=$ > ; National Geographic Institute, Costa Rica, with the collaboration of the Inter-American Geodetic Survey. “San Carlos” CR-2CM-3. Lambert projection, Clarke’s spheroid of *<< !peque fundamental. National Geographic Institute, Costa Rica, with the collaboration of the Inter-American Geodetic Survey. “Nicoya”, CR-2CM-3. Lambert \ ! ! ¬& &\ !$ !" *<< !\K= "=$ > ; % ! !? \ Institute, Costa Rica, with the collaboration of the Inter-American Geodetic Survey. ;~!\!? \ && & !"j+!"Y> & & "! " and Caribbean Sea. j. Nautical Chart Cabo Gracias a Dios to Puerto Colombia N° 26,000. k. Topographic sheets at a scale of 1:50 000 from INETER l. Aerial photographs at different scales, recent and old ones. m. Satellite, scan or radar images, at different scales. I.2 Include all cartographic information in an integrated information system for use by both countries. I.3 Use the following legal instruments: a. Jerez-Cañas/Cañas-Jerez Treaty of Limits, Nicaragua-Costa Rica 1858. b. Grover Cleveland Award of 1888 c. Decisions of Engineer E.P. Alexander (Awards N° 1 to 15) d. Domestic law of both countries e. International law binding on both countries f. United Nations Convention on the Law of the Sea (1982) Annex 30 249 ?;¤ $:!!!$ > !!"> >:!=$ &!"~OQ&!"! Affairs and the Law of the Sea of the United Nations. I.4.- Both delegations exchange cartographic and legal material. II. Determination of aspects that will require international technical cooperation Both delegations highlighted the importance given by the Vice-Ministers of Foreign Affairs to the possibility of as&& " !>~OQ&!"! Y"" & $ Z!" of the United Nations. In this regard, it was agreed: II.1.- To guarantee and celebrate the technical capacity of the corresponding cartographic institutions represented by the Nicaraguan Institute of Territorial Studies and the National Geographic Institute of Costa Rica. II.2.- Instruct the Ambassadors of both countries before the United Nations to jointly request a detailed inventory of the possibilities of cooperation, both financial and technical, !~OQ&!"! Y"" & $ Z!" !"#$% !&, following up on the note dated 6 September, sent by our Vice-Ministers of Foreign Affairs to the !" ? ^ !; II.3.- In a parallel manner, request the cartographic institutions of both countries to begin an inventory of the actions to be followed, resources that will be required during the process, and derived technical and financial needs. III.- Consideration of the possible contents of the agreement to be signed The Sub-Commission agreed to propose to the Vice-Ministers of Foreign Affairs that the delimitation agreement shall include, among other, the following components: a. Resolution of potential disputes b. Sustainable management of marine resources, including fishing and its commercial regulation c. Conservation and protection of biodiversity d. Exploration and exploitation of hydrocarbons e. Security, including the fight against drug trafficking, illegal fishing and illegal trafficking of persons f. Cross-border contamination g. Scientific and oceanographic cooperation Annex 30 250 Both delegations expressed their interest in addressing and developing these topics in the future. Similarly, they expressed their enthusiasm regarding the possibility of developing an agreement based on the most modern international legal framework. IV.- For purposes of the future work program, it is agreed that on 12 December 2002 the cartographic institutions shall meet in Liberia, Costa Rica, to assess the resources required, basic principles and delimitation method, and to discuss the respective proposals regarding the work of the Cabinet. V.- It was agreed that the second meeting of the Sub-Commission on Limits and Cartography shall take place on 6 and 7 February, 2003, in Nicaragua. [signature] [signature] Annex 30 251 Annex 30 252 Annex 30 253 Annex 30 254 Annex 30 255 Annex 30 256 257 ANNEX 31 Minute of the Technical meeting of the Sub-Commission on Limits and Cartography, 16 January 2003. English translation and Spanish original. 258 259 MINUTE ~¤~~¤%YY~ Y¤ £% % THE SUB- '' % %'~Y%OY~ Y¤ Liberia, Costa Rica, 16 January 2003 In the city of Liberia, Guanacaste, and in compliance with that agreed at the first meeting of the Sub-Commission on Limits and Cartography, held in San José on 7 November 2002, the cartographic institutions of both countries met, accompanied by representatives of the Ministries of Foreign Affairs. For the Republic of Nicaragua: ;? ' ? =Q Y_ General Directorate of Sovereignty, Territory and International Legal Matters, Ministry of Foreign Affairs Mr. Gonzalo Medina, Technical Advisor Directorate of Geodesy and Cartography, Nicaraguan Institute of Territorial Studies Ing. Alonso Torres Rodríguez, Responsible for the delimitation project of the Directorate of Geodesy and Cartography, Nicaraguan Institute of Territorial Studies Dr. Ricardo Wheelock Román, Head of the Military History Centre, Nicaraguan Army For the Republic of Costa Rica: Dr. Carlos Alvarado Advisor to the Minister of Public Security and ad-hoc Advisor of the Ministry of Foreign Affairs Eng. Eduardo Bedoya Director of the National Geographic Institute Msc. Sergio Ugalde Coordinator of the Commission on International Law, Ministry of Foreign Affairs MSc. Adriana Murillo Member of the Commission on International Law, Ministry of Foreign Affairs Annex 31 260 The meeting began with the presentation of the delegations by Mr. Sergio Ugalde and Ms. Ligia Margarita Guevara. Mr. Carlos Alvarado gave the corresponding welcoming remarks and proposed to the Nicaraguan delegation to make a succinct explanation of the proposed agenda. The Nicaraguan delegation made the corresponding explanation, and indicated that the agenda follows that agreed in the meeting of the Sub-Commission held in San José. It was agreed to hear the issues in the following order, and raise the following conclusions to the Sub-Commission: 1. Identification of articles of the Convention on the Law of the Sea relating to maritime delimitation: Articles 3, 15, 16, 33, 57, 74, 75, 76, 83, and 84 are identified, although it is recognized that the Convention is applicable as a whole. Similarly, it is agreed that the domestic law of each country, specifically the articles of the political constitutions of both countries, and the Nicaraguan law on maritime spaces (Law No. 420), are applicable to each country. 2. Study of the delimitation methods: It is agreed to consider as the general methods to apply, those conceptually contained in the Manual for delimitation of maritime boundaries that are applicable and universally accepted: equidistance, the perpendicular, and their variations and combinations. 3. Various matters: It is concluded that there is a need to work on several additional points, as a parallel process over a longer term, to which the delimitation is not subordinated, but very useful for its specification. 3.1. Creation of an integrated information system: It is agreed that there must be an integrated information system, in the sense of a common file in digital format. The information will be gradually integrated towards a common structure. For the next meeting the geographic institutes will propose possible information structures to be used. 3.2. On-site inspection of the starting points of maritime delimitations on both coasts: It is concluded that to perform complete work in the Caribbean it is necessary to restore ' $ " Y : $= [ & &! && ! create monuments at the endpoints of the mouth of the Bay to determine the middle point. In the first visit a preliminary determination would be made of the points where crews will subsequently work together. In the Pacific it is scheduled to perform an inspection on $ : = >? &! % ?= > "! Q&!Y : $ >!Q ! = [ ; n the Atlantic on Friday 21 February 2003, establishing the meeting point at Barra del Colorado at 9 am. 3.3. Acquisition of satellite images of the areas surrounding the starting points: Annex 31 261 It is agreed to manage a joint donation through international cooperation. The geographic institutes will determine which images to purchase and the potential sources, and the Ministries of Foreign Affairs will jointly make the request. 3.4. Large-scale mapping of the areas surrounding the starting points for delimitation: It is agreed that it is for support in the initial delimitation, but will be useful for fine-tuning, as well as for purposes of the information system. This mapping will depend on the acquisition of the images, but it is agreed to contemplate it for the future. 3.5. Determination of coordinates of the initial points in a common system for both countries: It is agreed that after the on-site work, the data will be put in WGS 84 coordinates, global system. 3.6. Inventory of living and non-living natural resources in the delimitation areas: It is recommended for the Sub-Commission to create a working group for this topic, in coordination with the competent institutions of each country. 3.7. Basic principles on spatial issues: It is agreed that the cartographic institutions begin a process of standardization and preparation of specifications for the development of cartography and geodesy for border purposes. In this process, in the future the institutions will work on a coordinates system, vertical datum, scale and projection of nautical charts and symbolization of thematic and geo-scientific issues. 3.8. Acquisition of software: It is agreed that the cartographic institutes will research potential software applications and sources from which they can be acquired to present them at the meeting in Managua. Liberia, Costa Rica, 16 January 2003 Annex 31 262 Annex 31 263 Annex 31 264 Annex 31 265 Annex 31 266 267 ANNEX 32 Minute of the Second Meeting of the Sub-Commission on Limits and Cartography, 25 March 2003. English translation and Spanish original. 268 269 MINUTE ~¤ %O '~% ~¤#- '' % '~Y%O Y~ Y¤ Managua, 25 March 2003 Held at the premises of the Ministry of Foreign Affairs of the Republic of Nicaragua, and in compliance with the agreement reached by the Vice-Ministers of Foreign Affairs of the Republics of Nicaragua and Costa Rica on 6 September 2002 to begin discussions conducive to defining the maritime delimitation between the two countries. The delegations met, comprised of the following individuals: For the Republic of Nicaragua: Dr. Julio Saborío Argüello General Director of Sovereignty, Territory and International Legal Matters Dr. Edmundo Castillo Legal Advisor Ministry of Foreign Affairs ;? ' ? =Q Y_ Ministry of Foreign Affairs Lic. Cecilia Argüello Latin America Department Ministry of Foreign Affairs ; $!$_ Analyst of the Latin America Department Ministry of Foreign Affairs Pedro Miguel Vargas, Eng. General Director of Geodesy and Cartography Nicaraguan Institute of Territorial Studies Gonzalo Medina, Eng. Technical Advisor of Geodesy and Cartography Nicaraguan Institute of Territorial Studies Y !&!~_ ^!$ ?=^ ?; Chief of the Maritime Delimitation Project Nicaraguan Institute of Territorial Studies Annex 32 270 Lic. Carlos Arroyo Borgen International Relations Advisor Ministry of Defence For the Republic of Costa Rica: Dr. Sergio Ugalde Godínez Coordinator of the Commission on International Law Ministry of Foreign Affairs Dr. Arnoldo Brenes Castro Ambassador Ministry of Foreign Affairs Eduardo Bedoya, Geographer Director of the National Geographic Institute Master Adriana Murillo Ruin "" !" Department of Foreign Affairs Ministry of Foreign Affairs For this meeting, the Technical Sub-Commission of Limits and Cartography Nicaragua – Costa Rica, approved the following agenda: 1. Presentation of the technical reports of the cartographic institutions of both countries. 2. Determination of aspects that require international cooperation. 3. Inventory of living and non-living natural resources in the maritime delimitation areas. 4. Establishing the timetable for the work of the Sub-Commission of Limits and Cartography Nicaragua – Costa Rica. In conformity with this established and agreed agenda, the Sub-commission reached the following agreements to pass on for the consideration of the Vice-Ministers: 1. Presentation of the technical reports of the cartographic institutions of both countries. Annex 32 271 Based on the agreements of the First Technical Working Table of the Sub-Commission of Limits and Cartography, adopted on 16 January 16 2003 in Liberia, Costa Rica, Geographer Eduardo Bedoya and Engineer Pedro Miguel Vargas, presented the corresponding technical reports. The delegations exchanged the documents prepared for that purpose. Subsequently, following the Agenda, the Sub-Commission approved the Minutes signed in Liberia, Costa Rica on 16 January of this year, and agreed the following: 1.1 Creation of the Integrated Information System The use of the program ArcGis Desktop is recommended, which is comprised of three applications: ArcMap, ArcCatalog, ArcToolbox, to ensure greater accuracy of the technical work to be performed. The Delegations consider it timely to acquire these [applications], and commit to obtaining the corresponding quotes in local markets and, if possible, request their donation. 1.2 Construction and installation of the markers in the area of Bahía Salinas in the Pacific: The Sub-Commission considered it necessary to build markers in the point furthest to the & !" = [ !& $ = Y : % ?= Z Z serve to determine the middle point of the closing of the bay, the starting point for the $ > ! " ; Z & $ $$ !& = ! of these markers shall be performed in the period from 21 to 26 April of this year, and that each country shall cover the construction costs of the marker located in its territory. The Sub-Commission agreed that the design of the marker will be that presented in the Technical Report of the Nicaraguan Institute of Territorial Studies. It is recommended for the final Minutes regarding the construction of the marker to be signed by the Presidents of both countries. In this regard, the Sub-Commission will propose that the Presidents perform a visit in situ on the week of 19 May of this year, or on the dates deemed suitable. The Sub-Commission agreed that both Ministries of Foreign Affairs shall request the corresponding immigration and customs authorities for the permits for the technical teams that will carry out various works in relation to the construction of the markers. 1.3 Work for delimitation on the Caribbean Sea Annex 32 272 The Sub-Commission considered it necessary to work on documents to calculate with modern procedures the coordinates of marker number one, based on the topographic survey created by Engineer Alexander in 1900. It was established that INETER and the National Geographic Institute of Costa Rica shall begin the deskwork as of this date, which shall be concluded at the latest on 26 May of this year, the date on which the work for restitution of the position of marker one on the land shall begin. The Sub-Commission authorizes INETER and the National Geographic Institute of Costa Rica to hold the meetings and consultations considered necessary for the success of the activity assigned. 1.4 Large-scale cartography of the area surrounding the starting points for the delimitation: It was considered necessary for INETER and the National Geographic Institute of Costa Rica to prepare a large-scale cartography, on the basis of aerial photographs. In this regard, Costa Rica reported that in the following months they will have this material, and they will make it available to Nicaragua to prepare the aforementioned cartography. The materials will be sent at the beginning of June at the latest. If they are inappropriate, it will be managed jointly with the United States of America in order to request satellite images from NASA. 2. Determination of aspects that require international cooperation Both delegations took cognizance of the communication dated 13 November 2002 sent by Mr. Hans Correll, General Sub- !"OQ&!"! Y"" & $ Z!" the Sea of the United Nations. 3. Inventory of living and non-living natural resources in the maritime delimitation areas. Both Delegations highlighted the importance of the topic and considered that a discussion in this regard should be held with the corresponding information. They believed it would be adequate to identify in each country the public and private institutions that may have Annex 32 273 illustrative material, and to keep the topic on the Agenda for the next meeting of the SubCommission. 4. Establishing the timetable for the work of the Sub-Commission of Limits and Cartography Nicaragua – Costa Rica The Sub-Commission considered that it would be appropriate to determine in the first stage of its mandate that it shall conclude with the preparation, on the part of each country, of a delimitation proposal reflected in the projection of a specific proposal. In this regard, the following work schedule was agreed: 1. Construction of Markers = [ $Y j!<Y\ ; 2. Calculation of the coordinates and restitution of Marker Number 1: 26 March to 26 May. 3. Technical meeting (if required) on 16 May at Peñas Blanca 4. Visit of the Presidents to the Marker&! " jZ!"' ; 5. Field work in the Caribbean Sea: 26 May to 7 June 6. Preparation of large-scale maps: June, July and August. 7. Third Meeting of the Sub-Commission: First week of July. *; \ !!"$ > !\ ! !&j\>: !: $%!Q>: ; 9. Exchange of delimitation projections: December. Having no further issues to address, the Delegations express their agreement by means of these Minutes. [signed] [signed] Annex 32 274 Annex 32 275 Annex 32 276 Annex 32 277 Annex 32 278 Annex 32 279 Annex 32 280 281 ANNEX 33 Minute of the Third Meeting of the Sub-Commission on Limits and Cartography, 4 September 2003. English translation and Spanish original. 282 283 MINUTE ~¤THIRD '~% ~¤#- '' % '~Y%O Y~ Y¤ San José, Costa Rica, 4 September 2003 Held at the premises of the Ministry of Foreign Affairs of the Republic of Costa Rica, in San José, and in compliance with that agreed in the Second Meeting of the SubCommission of Limits and Cartography, held in Managua on 25 March 2003, the delegations of both countries met, which were comprised of the following individuals: Republic of Nicaragua: For the Ministry of Foreign Affairs Dr. Julio Saborío Argüello General Director of Sovereignty, Territory and International Legal Matters Dr. Alejandro Montiel Argüello Legal Advisor Lic. Idayda Aguilar Roa Legal Analyst General Department of Sovereignty, Territory and International Legal Matters Colonel Ricardo Wheelock Román Representative of the Nicaraguan Army Lic. Carlos Arroyo International Relations Advisor Ministry of Defence For the Nicaraguan Institute of Territorial Studies (INETER) Gonzalo Medina Pérez, Eng. Technical Director of the Geodesy and Cartography Nicaraguan Institute of Territorial Studies >_Y !&!~! & Rodríguez, Eng. Chief of the Unit of Territorial Limits Geodesy and Cartography Nicaraguan Institute of Territorial Studies Annex 33 284 Republic of Costa Rica: Dr. Carlos Alvarado National Director of the Coastguards Ad-hoc Advisor to the Ministry of Foreign Affairs Eduardo Bedoya, Eng. Director of the National Geographic Institute For the Ministry of Foreign Affairs: Ambassador Rodrigo X. Carreras Ambassador of Costa Rica in Nicaragua Msc. Sergio Ugalde Coordinator of the Commission on International Law Advisor to the Minister Msc. Arnoldo Brenes Commission on International Law Advisor to the Minister Msc. Jorge Aguilar Head !"~ Y$Q&! "" Msc. Adriana Murillo Commission on International Law '& ;' $ _ ~ Y$Q&! "" The meeting began with the delegation of Costa Rica welcoming the delegation of Nicaragua, and the presentation of their members. The proposed agenda was read, approved and followed: I. Reports on the advances of the National Geographic Institute and the Nicaraguan Institute of Territorial Studies Annex 33 285 The Nicaraguan Institute of Territorial Studies presented the report corresponding to the progress and results of the fieldwork in the Pacific and Caribbean. In the case of the Pacific, they presented the results of the location of the points, as indicated by the Minutes of the Costa Rica-Nicaragua Demarcation Commission (Alexander Commission 1897-1900), both in Punta Arranca Barba (Nicaragua) and in the \! "= & ! Z& !" $ { != [ !& $ markers erected, work that was performed by both countries simultaneously from 22 to 26 April. The location was also presented in a topographic map with the scale 1:50,000. They also presented the progress achieved in the Caribbean. According to the report, in the XXth Minutes of the Alexander Commission of 1899, it is clear that Marker ne had disappeared because of the sea, thus a triangulation of markers was ordered to locate the initial point. During the visit of 21 February 2013, both delegations found a marker at that triangulation, and it is not clear whether it is the Main Marker or Punta Castilla. More field measurements are required, and to determine which other markers can be built subsequently as a symbol and to be useful to users. Since Alexander took the centre of Plaza Victoria in San Juan del Norte to reference the markers, it is considered important to locate this point, which is marked by a metallic cylinder, 40 centimetres in diameter by two metres long, filled with concrete and fully embedded into the ground. The Delegation of Nicaragua provided a copy of the technical report, and the electronic presentation, for which the Costa Rican delegation expressed thanks. For its part, the National Geographic Institute of Costa Rica indicated that the report was in agreement, since the works in Bahía de Salinas had been performed jointly, and noted the good collaboration achieved. 2. Evaluation of the technical progress according to the Sub-Commission’s timetable of activities, as per the minutes of the second meeting The National Geographic Institute of Costa Rica indicated that point 1 regarding the construction of markers had been performed. With respect to point 2, the calculation of the coordinates had also been performed. As could be seen, the accuracy of the coordinates of the measurement complies with the & $ $&& : &$"! & \!"Z! ;? $? &=!!"' situation is explained in the previous point. Annex 33 286 For logistical reasons, the technical meeting contemplated in point 3 was not held. Further, no visit to the markers i " had taken place, but the importance of carrying out such a visit was underscored. Regarding point 5, it was not possible to advance in the fieldwork in the Caribbean Sea; however, each institution has studied the way to execute the work. It was estimated that it would be very difficult to enter the area until November or December due to weather issues. Regarding the preparation of maps contemplated in point 6, it depended on the delivery of the images by NASA, from plane WB57 (Mission Map 2003). The Costa Rican delegation reported that the aerial photographs had been delivered up until yesterday, and today presented an example of the product corresponding to Punta Castilla. The Delegation of Costa Rica gave the Delegation of Nicaragua a first version of the material, and agreed that the full material would be delivered next week. The Nicaraguan delegation thanked them in advance for the delivery of the material. Regarding point 7, during the meeting of the Sub-Commission, it was indicated that it was being complied with, although with delay, and that points 8 and 9 would be programmed again according to progress made. According to the agreed agenda, the Sub-Commission reached the following agreements regarding the timetable for the pending activities: 1. Program the works in the Caribbean Sea from 24 to 28 November, without detriment to being able to achieve progress in other work on documents. The Nicaraguan Army offers a helicopter, two speedboats and metal detectors. In addition, the National Coast Guard of Costa Rica offers its collaboration in anything necessary. 2. Review the presidential agenda and that of the Ministry of Foreign Affairs to explore the possibility of inaugurating the markers in the Pacific between 9 and 12 December of the current year. 3. Progress will be made regarding point 6 of the previous minutes on the preparation of large-scale maps, beginning with the preparation of orthophotos during the following weeks. It is agreed to hold a prior meeting of the geographical institutes, on 16 January 2004 in Peñas Blancas, to review the progress on this matter. Annex 33 287 4. During the meeting of 16 January in Peñas Blancas, it is agreed to also analyze the review of the calculations of the position of Marker I. 5. The full Sub-Commission shall meet in Nicaragua on Thursday 29 and Friday 30 January 2004. 6. Each country shall make progress in the preparation of the projections, and shall exchange delimitation proposals at the meeting of 29 and 30 January, which shall be established as a point in the Agenda for said meeting. 3. Chapter regarding maritime cooperation and sustainable development: A proposal was made and accepted to modify the order of the agenda, so as to hear the valuation of the topics first and the participating institutions subsequently. a. Possible topics to include in the chapter: Both countries noted the importance of these works, and the interest in concluding with a broad Treaty of Limits that includes cooperation topics and may even serve as an example for other nations. It was agreed to assess topics relating to: 1. Protection and preservation of marine resources and species, as well as the possibility of eventually declaring areas of binational protection or binational regulation. The competent authorities shall be consulted regarding the possible areas and levels of the management regime. 2. Cooperation in maritime surveillance and security regarding the resources and new security threats. 3. Rights of other States, such as innocent passage and other. 4. Fishing regulations and possibility of establishing convergence zones. 5. Regulation of non-living resources such as petroleum. 6. Marine scientific investigation. 7. Tourism and sports. Annex 33 288 8. Humanitarian actions. 9. Conflict resolution system. 10. All other topics the inclusion of which is subsequently deemed necessary. It is agreed that each of the competent institutions shall determine the specific contents of each topic. b. Definition of the institutions that shall participate in the discussion of the chapter. The institutions which may participate in the discussion are: MINAE and Marena, Ministry !" =: = $ '& !" O" % Y $ YOY !& &= !" ~!= &> % ?= &= !" ~!= &> $ % ?= ? Institute, Hydrocarbons Department, Universities and Centre for Research and technical education. Notwithstanding the foregoing, it is agreed that each of the countries shall define the Institutions that will participate. Finally, the Sub-Commission agreed that as of 1 December 2003 at the latest specific proposals on each of the topics shall be exchanged, prepared by the competent institutions, so they can be studied during the following meeting in January 2004. Having no further issues to address, the work of the third meeting of the Sub-Commission is considered concluded, and the meeting is adjourned. San José, Costa Rica, 4 September 2003. (signed) (signed) Annex 33 289 Annex 33 290 Annex 33 291 Annex 33 292 Annex 33 293 Annex 33 294 Annex 33 295 ANNEX 34 Minutes of the Technical meeting of the Sub-Commission on Limits and Cartography, 29-30 September 2004. English translation and Spanish original. 296 297 Aide Memoire Technical Meeting on Topographic and Cartographic Matters - Costa Rica - Nicaragua Liberia, Costa Rica, 29 - 30 September 2004 At Hotel Las Espuelas, city of Liberia, Costa Rica, in compliance with the agreements of the Sub-Commission on Limits and Cartography, the following technical meeting took place between the delegations of both countries: Republic of Nicaragua: Lic. Idayda Aguilar Roa, Legal Advisor, General Directorate of Sovereignty, Territory and International Legal Matters of the Ministry of Foreign Affairs Ing. Gonzalo Medina Pérez, Technical Director of Geodesy and Cartography of the Nicaraguan Institute of Territorial Studies (INETER) ?; >_Y !&!~! &!$ ?=^ Head of the Unit of Territorial Limits, Geodesy and Cartography of the Nicaraguan Institute of Territorial Studies Republic of Costa Rica: Lic. Adolfo Constenla Arguedas, Y$Q&! "" !"~ &!"Ministry of Foreign Affairs Geog. Eduardo Bedoya Benítez, Director of the National Geographic Institute The meeting began with the welcoming of the delegation of Nicaragua by the delegation of Costa Rica, and the presentation of its members. Both delegations expressed their willingness to continue contributing toward the proposed goals. At this time it referred to the technical aspects developed by the official entities on topographic and cartographic matters. The proposed agenda was read, submitted for consideration and approved, as follows: 1. &&"! ""! &!"> >$ > ! " - Costa Rica. 2. Geodetic position of the initial marker at the land boundary between both countries. 3. Review of the technical part to be included in the Minutes of Densification of the Land Boundary created jointly by the cartographic institutions of both countries from 1996 to 2004. Annex 34 298 In this regard, IGN expressed that due to INETER’s progress on this topic IGN should not duplicate this work, and considered it would be adequate for INETER to provide the technical document through the official means once it had been concluded, for evaluation and acceptance, with the purpose of presenting it jointly during the IV Meeting of the Sub-Commission on Limits and Cartography in Managua. Point 3: Both delegations agreed on the need to review separately the contents of the technical part to be included in the Minutes of the Densification of the Land Border created jointly by the cartographic institutions of both countries from 1996 to 2004. The following aspects were considered: > INETER delivered a CD with information for IGN to make pertinent observations. > Z & ? $ ! !: + % Z = \ !\!& Z observations to unify it and present it officially to the members of the SubCommission on Limits, so that the Ministries of Foreign Affairs could consider the protocol modifications and determine the signing mechanism. > We recommend that the model of the Minutes be adjusted to the Minutes signed in 1994, corresponding to the densification works of the same year. BILATERAL TOPICS Point 4: Regarding performing cartographic work jointly of the land border area within the framework of the infrastructure of spatial data (IDE) and the automatic editing of a topographic map, the Nicaraguan delegation expressed that in the border area of Peñas Blancas INETER was carrying out the works to prepare a new topographic map with a scale of 1:50 000 which would include part of the border area of Costa Rica. Thus, it requested IGN to provide all data necessary to be included in the new map. The Costa Rican delegation expressed that, similarly, IGN is preparing the topographic sheet 1:50 000, Upala, and requests the same of Nicaragua. Furthermore, they expressed that, as previously done, the required information shall be shared. Furthermore, INETER proposed to IGN the preparation of the cartography at a large scale of the land border. The planning of this work shall be addressed in a future meeting between both institutions. The Costa Rican delegation expressed that it agreed, and that in addition Costa Rica will define the budget aspects to fully comply with that proposed. BILATERAL TOPICS 4. Perform cartographic work jointly in the land border area within the framework of spatial data infrastructure (IDE) and the automatic editing of topographic maps. 5. Establish the general aspects of the joint work to be performed in relation to geodetic densification and other related work concerning the land border for 2005. VARIOUS TOPICS 6. Suggest a date and time for the IV Meeting of the Sub-Commission of Limits and Cartography to be held in Managua. Annex 34 299 7. Disconformity of the inhabitants of the border area regarding the location of the markers, result of the densification work performed jointly by INETER and IGN. The topics addressed in this meeting, according to the agenda, are detailed below: Point 1: Regarding this point on the agenda, the Delegation of Costa Rica requested that this topic be addressed during the meeting of the Sub-Commission scheduled to be held in Managua. The delegation of Nicaragua accepted the proposal; however, it expressed its wish to share the technical and methodological aspect that the Instituto Nicaragüense de Estudios Territoriales (INETER) has performed for the preparation !" >\& "! > > $ > ! " ; ~ !& delegation expressed its willingness to hear what the INETER specialists wished to express. Point 2: The Nicaraguan representatives gave a full presentation of the methodological procedure to determine the geodetic position of the initial marker on the land border. The first part of the presentation analyzed the geodetic aspect established in the Minutes of E.P. Alexander, which are used to deduce, with the help of modern measurements, a method to establish the position of initial Marker 1. Subsequently, the methodological procedure for the aforementioned calculation was described, using the method of least squares adjustment and transformation of the WGS84 coordinates system, for which INETER reported that it has 75% progress in the preparation of the (software), that will serve1 to finally calculate the geodetic position of the initial marker, due to the inability of locating it on land, given that according to modern measurements the point is located in the sea. Point 5: Establish the general aspects of the joint work to be performed in relation to the geodetic densification and other related work of the land border for 2005, as follows: > Establish 10 auxiliary markers between the Boundary Markers where there is a need for the inhabitants to identify them. > Adjustment of the geodetic network of all auxiliary markers established from 1994 to date, and for the preparation of the technical report. > Planning to prepare the large-scale cartography of the land border. Regarding this point, it was agreed to hold a meeting in Peñas Blancas on Friday 28 January 2005, to address the aforementioned topics. `Y #~ ® According to the work process at the technical level, both delegations considered that the next meeting of the members of the Sub-Commission of Limits and Cartography to be held in Managua could be held during the last two weeks of January 2005, submitting this for consideration of the Sub-Commission, who will determine the specific dates. ® Regarding this last point, the delegations expressed their concern regarding the publications in the media about the disconformity expressed by the inhabitants of the border area with the location of the markers, result of the densification work performed jointly by IGN and INETER. Annex 34 300 In this regard, the delegations jointly submit for consideration of the members of the Sub-Commission of Limits and Cartography the possibility of creating a commission or work table, including the institutions that work directly with the border municipalities or other institutions, to hold a series of conferences or workshops where the Mayors are informed of the work performed jointly, with the purpose of informing and carrying out an awareness campaign of the transparency and compliance of the works from 104 years ago by Arbitrator E. P. Alexander. In addition, they jointly propose explaining at the next meeting in Managua the concern over the legal situation of farm owners in the border area. Having covered all topics on the agenda, the technical meeting is concluded. Liberia, Costa Rica 30 September 2004. Annex 34 301 Annex 34 302 Annex 34 303 Annex 34 304 Annex 34 305 ANNEX 35 Minutes of the Technical meeting of the Sub-Commission on Limits and Cartography, 3-4 August 2005. English translation and Spanish original. 306 307 AIDE-MEMOIRE OF THE TECHNICAL MEETING BETWEEN IGN OF COSTA RICA AND INETER OF NICARAGUA $Y=?=&+ !": !& !>\ Z ? > of the fourth meeting of the Sub-Commission on Limits and Cartography held on 30 June 2005 in Managua, Nicaragua, it was deemed convenient to hold a technical meeting between the cartographic institutions of both countries. To comply with this provision the delegations met, composed of the following members: For the Nicaraguan Institute of Territorial Studies (INETER) 1. Ing. Gonzalo Medina Pérez, Technical Director of Geodesy and Cartography 2. Mr. Alonso Rodríguez Torres, Head of the Unit of Territorial Limits For the National Geographical Institute (IGN) of Costa Rica 1. MSc. Max A; Lobo Hernández, General Director 2. Ing. Álvaro Álvarez Calderon, Cartography Department 3. Geog. Fernando Mesen Castro, Assistant of the Sub-Directorate/General Directorate 4. Technician Willy Mora Calvo, Assistant of the Sub-Directorate/General Directorate MSc. Max A. Lobo Hernández, head of the IGN delegation, gave a warm welcome to the INETER delegation, expressing his good wishes for the work of this technical meeting, in compliance with the decisions reached at the fourth session of the Sub-Commission on Limits and Cartography. For his part, Mr. Gonzalo Medina Pérez thanked the welcoming remarks and shared the wishes expressed by the MSc. Lobo Hernández for this meeting. The delegations agreed on the following agenda: First work session of 3 August 2005 1. & !? \ "! &?>&!"~ ! ${ =&Q !!> [! [ 2. Cartographic studies for the determination of the Delaunay triangulation points, in the Territorial Sea segment Second work session of 3 August 2005 3. Mathematical concept of equidistance in the Territorial Sea according to Article 15 of #% Annex 35 308 4. Criteria of proportionality and fairness in the processes of maritime delimitation 5. Presentation of criteria and technical studies for maritime delimitation proposed : !& "! " Third work session of 4 August 2005 6. Presentation of the detailed report on the location of the initial marker (Marker I), Caribbean Sea Annex 35 309 DEVELOPMENT OF THE MEETING 1. Base cartography for the segments of the Territorial Sea and Exclusive Economic Zone (ZEE) It is considered technically suitable to use the mapping information with higher level of detail available with coverage of the area corresponding to the Territorial Sea. The delegation of Nicaragua proposes using as basis Nautical Chart No. 21547 scale 1:75, 000. The proposal was accepted by the delegation of Costa Rica, and it was also agreed to extract the coast baseline of both countries through mapping with a scale 1:50,000 and to use as a cartographic base for the whole area of the Exclusive Economic [! ! = ~£+ at a scale 1:500,000. Therefore, both countries agree to work with a single cartographic database using the base information cited above and the ArcView software. For this purpose IGN undertakes to generate this single cartographic base, for which INETER will deliver by e-mail in the following days the coastline information extracted from the cartography scale 1:50,000. IGN will integrate the data and send INETER a copy of the common cartographic base to be used. IGN will send to INETER, electronically, the limits attempt on the territorial sea prepared recently by IGN. 2. Cartographic studies for the determination of the Delaunay triangulation points in the Territorial Sea segment For the purpose of applying both the method of Delaunay triangulation points used by INETER and equidistant points applied by IGN to determine the line of maritime delimitation in the Territorial Sea, it is necessary for both cartographic entities to use the same reference of geographic coordinates of the points of origin in the application of both methods. The geographic coordinates of the reference points of the Costa Rican coast will be extracted from the cartography and Executive Decree 18581-RE of 1988 that formalizes the width of the territorial waters of the Republic of Costa Rica, on the Pacific " !>: & &;! "! > purposes IGN will send an official note to INETER indicating such geographic coordinates. The Government of Nicaragua will provide the geographic coordinates of the points of reference on the Nicaraguan coast, extracted from orthophotos at a scale of 1:10,000 or other detailed cartographic information available. 3. Mathematical concept of equidistance in the Territorial Sea according to Article 15 of UNCLOS The delegation of Nicaragua presented the mathematical concept of equidistance. Each point of the Annex 35 310 equidistant line is the result of the Voronoi tessellation on the Delaunay triangles, this mathematical process being a simplified version of strict equidistance. 4. Criteria of proportionality and fairness in the processes of maritime delimitation These criteria are based on the jurisprudence and geometric elements derived from the configuration of the coasts. The proposal of Nicaragua on this topic focuses on the collection of jurisprudence on proportionality and fairness by analyzing various cases decided at the International Court in The Hague. The technical teams consider relevant the advice of the Ministries of Foreign Affairs on issues of jurisprudence. The Nicaraguan party submitted the document "Elements for an attempt of maritime delimitation" 5. Presentation of the criteria and technical studies for maritime delimitation proposed by Costa Rica for the Pacific Ocean The delegation of Costa Rica submitted the studies performed on maritime delimitation in the Pacific, which showed all of the technical and legal elements used for this purpose. The document presented gathers all aspects of the history and cartography since 1996, the latest studies carried out during the term of the present Sub-Commission on Limits and Cartography were annexed. 6. Presentation of the detailed report on the location of the initial marker (Marker I), Caribbean Sea The delegation of Nicaragua presented the Report on the location of the initial marker or Marker I of the land border between the two countries. Marker I was referenced from marker A2, which is part of the polygonal bordering the lagoon from Harbour Head. The Nicaraguan party delivered the document "Summary of the procedure for calculation of Marker I, Nicaragua - Costa Rica border." Annex 35 311 Annex 35 312 Annex 35 313 Annex 35 314 315 ANNEX 36 Minute of the Fourth Meeting of the Sub-Commission on Limits and Cartography, 30 June 2005. English translation and Spanish original. 316 317 MINUTE OF THE FOURTH MEETING OF THE SUB-COMMISSION OF LIMITS AND CARTOGRAPHY Held at the premises of the Nicaraguan Ministry of Foreign Affairs on 30 June 2005. The Delegations of Nicaragua and Costa Rica were comprised of the following individuals: For the Republic of Costa Rica: 1. Dr. Rodrigo X. Carreras, Ambassador of Costa Rica in Nicaragua. 2. Dr. Sergio Ugalde, Advisor to the Minister of Foreign Affairs. 3. Dr. Arnoldo Brenes, Advisor to the Minister of Foreign Affairs. 4. Dr. Jorge Aguilar, Chief of Treaties of the Costa Rican Ministry of Foreign Affairs. 5. Dr. Carlos Alvarado, Advisor to the Minister of Public Safety. 6. MSc. Max Lobo, Director of the National Geographic Institute. For the Republic of Nicaragua: 1. Dr. Julio C. Saborío Argüello, General Director of Sovereignty, Territory and International Legal Matters, Chief of the Delegation, Ministry of Foreign Affairs. 2. Dr. Alejandro Montiel Argüello, Legal Advisor to the Ministry of Foreign Affairs. 3. Dr. Edmundo Castillo Salazar, Legal Advisor of the Ministry of Foreign Affairs. 4. Lic. Carlos Vicente Ibarra, Legal Advisor. Department of Sovereignty, Territory and International Legal Matters. 5. Lic. Ricardo $_ ! ?! Y & Americas Department. Ministry of Foreign Affairs. 6. Eng. Gonzalo Medina, Technical Director of Geodesy and Cartography. Nicaraguan Institute of Territorial Studies (INETER). 7. Eng. Alonso Torres Rodríguez, Head of the Territorial Limits Unit. Nicaraguan Institute of Territorial Studies (INETER). 8. Colonel Ricardo Wheelock Roman. Representative of the Nicaraguan Army. 9. Lic. Carlos Arroyo Borgen. Director of Defence Policies. Ministry of Defence. Annex 36 318 Dr. Julio Saborío Argüello, Head of the Delegation of Nicaragua, gave a warm welcome to the Delegation of the Republic of Costa Rica, expressing his good wishes for the work of the Technical Sub-Commission of Limits and Cartography, calling to mind the mandate of the Vice-Ministers of Foreign Affairs as basis for the work performed by the Subcommission. For his part, Dr. Sergio Ugalde expressed his thanks for the welcoming remarks and shared the wishes expressed by Dr. Saborío Argüello for this meeting. The Delegations agreed on the following work agenda: ; \?!">? 2. Approval of the Agenda ;~ \ & !j\ !\!& "! > >$ > !! " : cartographic institutions of both countries. 4. Presentation of the technical study by INETER regarding the possible location of Marker No.1. 5. Various O` '%~ ~¤'~% 1. Engineer Gonzalo Medina made the presentation “Attempts for maritime delimitation in " % ?= -Costa Rica.” He made ample reference to the bases used and the study of the maritime border by segments, the Convention on the Law of the Sea, the experience of other countries and calculation of the equidistance in the territorial sea segment, among others, and presented the corresponding graphs. Dr. Sergio Ugalde thanked Engineer Medina for the presentation, indicating that based on the studies performed by both parties there seems to be a preliminary agreement regarding the delimitation of the territorial sea. With regard to other maritime spaces, a study would need to be performed by the parties and between them to reach the necessary agreements. Regarding Costa Rica’s proposal, he delivered illustrative maps to the delegation of Nicaragua. MSc. Max Lobo presented the Costa Rican proposal, indicating that it is a summary of a general proposal. He expressed that with regard to the territorial sea the Costa Rican proposal is similar to that of Nicaragua. To formulate it the criteria was adopted of defining the equidistance line from the geographical point of view; that relevant points and other Annex 36 319 points of the Coasts of Nicaragua and of Costa Rica were taken into consideration defining the 200-mile point. The Delegation of Costa Rica indicated that there are differences between both proposals that require studying in technical detail; however, it believes that progress can be made on those topics on which there is agreement, as seems to be the case for the first segment of delimitation corresponding to the territorial sea. Dr. Saborío expressed his thanks for the presentation made by the delegation of Costa Rica and stated that he considered it advisable for both parties to have reasonable time to study at a technical level the proposals made by both delegations. For this purpose, the SubCommission agreed to meet in San José, Costa Rica, on 28 and 29 July. In the interim, INETER and IGN shall maintain in constant contact to establish the methods or combination of methods that will allow establishing the required projections. ;?;Y !&!~_ ^!"%~\ &$¥ = !!"?!$& \!&!!" Marker one from the land border between Nicaragua and Costa Rica,” based on the location of Marker A2 which was found in restorable conditions, 100 years after its installation. Said marker will serve to determine the geodesic position of the starting point (Marker 1), in addition to the placement of the marker on the coast, which is linear with Marker A2 and Marker 1. The Delegation of Costa Rica expressed thanks for the presentation and stated that it will analyze the proposal, trusting that once Marker 1 is determined by both parties they can carry out the negotiation process for the delimitation in the Caribbean. III. Various: The delegation of Nicaragua reminded the delegation of Costa Rica of its offer to provide the NASA photos of aircraft WB57 (Mission Charter 2003 – aerial photographs – Punta Castilla). The delegation of Costa Rica referred to the matters of maritime cooperation and sustainable development that had been addressed in the Third Meeting of the SubCommission (San José, Costa Rica, 4 September 2003), and offered to prepare an informative document for Nicaragua, referring to the possible topics to be included in a project for the Treaty on Limits. The Nicaraguan party expressed thanks for the proposal and stated that it would wait to receive it, to indicate its assessment. ~$ ? !& \\ Q&!" ; ?!' ! $_ ` -Minister of Foreign Affairs, who highlighted the importance of the work of the Sub-Commission on Cartography and Limits, and wished success in the development of the agreed Agenda. Annex 36 320 The delegation of Nicaragua received from Ambassador Rodrigo Carreras a comparative study carried out by Universidad Nacional (UNA) of Costa Rica regarding the location of the markers on the border between both countries according to the system of coordinates WGS84. With nothing further to discuss, the Delegations agreed with these Minute and signed them in Managua, Nicaragua, on 30 June 2005. (signature) (signature) Annex 36 321 Annex 36 322 Annex 36 323 Annex 36 324 Annex 36 325 ANNEX 37 Minute of the Fifth Meeting of the Sub-Commission on Limits and Cartography, 22 August 2005. English translation and Spanish original. 326 327 MINUTE ~¤FIFTH '~% ~¤#- '' % '~Y%O Y~ Y¤ San José, Costa Rica, 22 August 2005 Held at the premises of the Ministry of Foreign Affairs and Worship of the Republic of Costa Rica in San José, and in compliance with that agreed at the fourth meeting of the Sub-Commission of Limits and Cartography held in Managua on 30 June 2005. The Delegations of Nicaragua and Costa Rica were comprised of the following individuals: For the Republic of Nicaragua: Dr. Julio C. Saborío Argüello General Director of Sovereignty, Territory and International Legal Matters Head of the Delegation Dr. Francisco Fiallos Navarro Ambassador Embassy of Nicaragua in Costa Rica Dr. Alejandro Montiel Argüello Legal Advisor to the Ministry of Foreign Affairs Dr. Edmundo Castillo Salazar Legal Advisor of the Ministry of Foreign Affairs Colonel Ricardo Wheelock Román Representative of the Nicaraguan Army Lic. Carlos Vicente Ibarra Legal Advisor Department of Sovereignty, Territory and International Legal Matters Lic. Carlos Arroyo Borgen Director of Defence Policies, Ministry of Defence $ ;£ cache H. Minister Counsellor Embassy of Nicaragua in Costa Rica Eng. Gonzalo Medina Pérez Technical Director of Geodesy and Cartography Annex 37 328 Nicaraguan Institute of Territorial Studies (INETER) ?; >_Y &!~_ ^!$ ?=^ Chief of Unit of Territorial Limits, Geodesy and Cartography Nicaraguan Institute of Territorial Studies For the Republic of Costa Rica: MSc. Sergio Ugalde Godínez Coordinator of the Commission on International Law Advisor to the Minister MSc. Arnoldo Brenes Castro Commission on International Law Advisor to the Minister Lic. Jorge Aguilar Castillo, LLM. ¤ $!"Y$Q&! "" on Treaties Dr. Carlos Alvarado Advisor to the Minister of Public Safety MSc. Max Lobo Hernández, Director of the National Geographic Institute Laura Raquel Pizarro Viales Y$Q&! "" ! International Treaties Ministry of Foreign Affairs The meeting began with the welcoming of the delegation of Nicaragua by the delegation of Costa Rica and the presentation of its members. For its part, the delegation of Nicaragua expressed its thanks for the reception and expressed its wish for a successful meeting. The proposed agenda was read and approved. Before beginning with the agenda, the delegation of Costa Rica officially delivered to the delegation of Nicaragua of the photographs taken by NASA in the Charter Mission 2003 of the National Program of Air Transport Investigations and Remote Sensors. This delivery was made in a spirit of collaboration to improve the technical capacity of both countries. Annex 37 329 Subsequently, the topics of the agenda were covered in the following order: I. Y 'Y~'O'~Y~ %%~¤Y Y%BY THE Y~ Y¤%~~#~ % ~¤ #%~ The National Geographic Institute (“IGN”) presented the corresponding report on the \ !? && $ &= &!"" $Z! " ;' ;' {!:! O ! !" % presented the results of the meeting held in Liberia on 3 and 4 August 2005. It was noted in respect of the tracing of the twelve miles of territorial sea that, although the same methodologies to trace the lines were not used, the results are very similar. There was consensus regarding the advisability that both countries use the same nautical charts when working on documents for the different maritime areas to be delimited. Thus, it was agreed that, due to the level of detail, for the first twelve miles corresponding to the territorial sea both countries would use the nautical chart 21547 with scale 1:75,000, while for the rest of the adjacent area and exclusive economic area up to 200 miles, the ! = %£-25, scale 1:1,000,000 would be used. Both delegations expressed their satisfaction with the fact that the calculations of the first twelve miles corresponding to the territorial sea gave very similar results, even though the methodologies used were a little different. This reflects the good work that the technical delegations have performed, which sets the basis to formulate a common proposal that allows the establishment of a maritime delimitation in the twelve miles of territorial sea. To this end, it was agreed that the Technical Institutes will continue to work on the precise determination of the corresponding mathematical data, both on the line resulting from the application of Article 15 of the United Nations Convention on the Law of the Sea, as well as regarding the calculation of a possible adjusted line in this area, without ruling out any of the criteria already established by the delegations. The possibility of establishing a special tolerance zone was also considered in order to prevent the capture of artisanal fishermen and sports fishing that violate the maritime boundary line between the countries. An analysis was carried out on the calculations on the adjacent area and exclusive economic zone presented by both countries. In this regard, it was noted that there continue to be substantial differences between the calculations. In order to advance on the acceptable methodology for both parties, the Technical Institutes were asked to formulate new calculations to try and find points of agreement as per the rules of the United Nations Convention on the Law of the Sea, which can be scientifically supported. Annex 37 330 ; O# % ~¤ ~¤%Y ~#O YO% ~¤ Y~ % 'Y£ As follow-up to the fourth meeting of the Sub-Commission, in which INETER made the presentation of the geodesic location of Marker I, the National Geographic Institute highlighted the high value of the parameters used by INETER. However, before being able to issue a final opinion, both delegations agreed to perform a study of a historical photographic interpretation[sic] to assess the coast dynamic of Punta Castilla, to add further elements to the study that would give it more certainty for the future. To this end, both Institutes shall make the pertinent efforts to exchange the relevant information that would allow a consensus to be reached, if possible for the next meeting of the Sub-Commission. ;Y%Y ~¤OY~ Y ~¤~Y~ %'~ Both delegations agreed on the importance of having an initial work document, which can be submitted for internal consultation in both countries, and would be conducive to consolidating a draft of the Treaty on Maritime Limits, which will eventually include the delimitation of all maritime areas between both States. To this end, they have agreed to use as basis the document presented at this meeting, which shall have the inputs necessary to be addressed in more depth at the next meeting of the Sub-Commission. `;`Y # MATTERS It was agreed that the Sixth Meeting of the Sub-Commission on Limits and Cartography would take place in ' ?= ! $ !: +; Both delegations highlighted the spirit of cooperation and excellent atmosphere of understanding that have prevailed during the work performed to date. With no further issues to address, the Delegations agree with these Minutes and sign them in the city of San José, Costa Rica, on 22 August 2005. (signature) (signature) Annex 37 331 Annex 37 332 Annex 37 333 Annex 37 334 Annex 37 335 OTHER DOCUMENTS 336 337 ANNEX 38 Map of Areas for Exploration and Exploitation of Hydrocarbons. Source: Nicaragua Institute of Energy, General Directorate of Hydrocarbons, 2002 338 339 Annex 38 340 341 ANNEX 39 Nicaraguan Institute of Territorial Studies (INETER), Technical Study presented at the Third Meeting of the Sub-Commission of Limits and Cartography, 4 September 2003. English translation and Spanish original. 342 343 TECHNICAL REPORT CONSTRUCTION OF THE MARKERS AT PUNTA ARRANCA BARBA (NICARAGUA), AND THE WESTERNMOST PART OF THE LAND INMEDIATELY ADJACENT TO PUNTA ZACATE (COSTA RICA) DESK STUDY OF THE STARTING POINT AT PUNTA CASTILLA METHOD PROPOSED TO LOCATE BOUNDARY MARKER 1 4 SEPTEMBER 2003 NICARAGUAN INSTITUTE OF TERRITORIAL STUDIES Annex 39 344 CONTENTS 1. -BACKGROUND 2. -MARKING AT THE ENDS OF THE CLOSING LINE OF BAHÍA SALINAS 3. -COORDINATES OF THE MARKERS OF THE CLOSING LINE OF BAHÍA SALINAS 4. -QUALITY CONTROL OF THE WORK PERFORMED 5. -DESK STUDY TO CONFIRM THE EXACT LOCATION OF THE STARTING POINT AT PUNTA CASTILLA, CARIBBEAN SEA 5.1 METHOD PROPOSED TO LOCATE BOUNDARY MARKER 1. 6. -ANNEXES 7. -PHOTOGRAPHS OF THE MARKERS AT PUNTA ARRANCA BARBA AND PUNTA ZACATE IN BAHÍA DE SALINAS. TRIANGULATION NETWORK ESTABLISHED BY THE ENGINEER E. P. ALEXANDER 1. -BACKGROUND. In order to comply with subsection 1-2 of the Minutes of the second meeting of the Subcommittee on limits and cartography Nicaragua - Costa Rica, held on 25 March 2003 in the building of the Ministry of Foreign Affairs of the Republic of Nicaragua, the installation and measurement of the geodetic position using global processing techniques (Global Positioning System GPS) were performed for two reinforced concrete milestones on the ends of the closing line of the mouth of the Bahía Salinas, at the sites called: Punta Arranca Barba in Nicaragua, and on the westernmost part of the land immediately Annex 39 345 adjacent to Punta Zacate in Costa Rica. The coordinates of these markers in the World Geodetic System 1984 (WGS-84), will be used to calculate the starting point of the maritime delimitation between Nicaragua and Costa Rica in the aforementioned bay. Work began on Tuesday, 22 April and ended on Saturday, 26 April. Said field work was conducted by the following personnel: For Nicaragua (3 people:) Eng. Oscar Piche Mr. Ramón Avilés Aburto Mr. Justo P. León Conde For Costa Rica (6 people): Mr.Victor Guerrero Cruz Mr. Jesus Herrera Alvarez Mr. Victor Chacón Mena Mr. Jaime Meoño Segura Mr. Freddy Flores Badilla Mr. Gerardo Chavarria Segura. 2. - MARKING AT THE ENDS OF THE CLOSING LINE OF BAHÍA SALINAS The selection of sites for the monuments was approved unanimously by the technical committees appointed by both countries, for this decision that set forth in Award No. 5, Minutes XXIV dated 6 July 1900, by the Commissions on Limits Nicaragua-Costa Rica was taken into consideration, a portion of which reads: "The limit from the Bay to the ocean is a straight line from the tip of Annex 39 346 Punta Arranca Barba, going almost directly to the true South, to the westernmost part of the land immediately adjacent to Punta Zacate.” The boundary markers were built according to the technical specifications of the intermediate markers placed on the land border Nicaragua-Costa Rica. The location and choice of the site to place the monument, as well as the construction of the boundary markers, was supervised by a member of each country: Mr. Victor Chacon Mena from Costa Rica oversaw the construction of the marker at Punta Arranca Barba, Nicaragua; and Mr. Ramon Aviles from Nicaragua oversaw the construction of the marker on the westernmost part of the land adjacent to Punta Zacate, Costa Rica. (See annexes, photos 1, 2, and 3) To make the observations with the global positioning equipment (GPS), at each of the monuments which are the ends of the closing line of Bahía Salinas, the placement of a GPS device was required on the HACHA marker, which is part of the geodetic network around the Nicaragua-Costa Rica border. The HACHA marker has fixed coordinates in the WGS-84 system, and it was used as reference for the differential correction at the time of calculating the coordinates in the WGS-84 system of the boundary markers located at the ends of the closing line of Bahía Salinas. The three observations were made on 25 April simultaneously with a two and a half hours satellite observation at each of the points. Below are the codes of the three points measured and their location on land: HACHA marker: located approx. 25 km. to the East of Punta Descartes on Costa Rican territory BSN1 marker: located in Punta Arranca Barba, on Nicaraguan territory. BST1 marker: located on the westernmost part of the land Annex 39 347 immediately adjacent to Punta Zacate on Costa Rican territory. The static method was used, and the processing of the data obtained was performed on a baseline and network adjustment mode. The equipment used was dual frequency Mark Trimble 4700 and 4800 brand GPS, and the program used for the processing of data was GPSurvey 2.35 by Trimble. The heights refer to the ellipsoid. The coordinates obtained belong to the World Geodetic System (WGS- 84). 3. -COORDINATES OF THE MARKERS FOR THE CLOSING LINE OF BAHÍA SALINAS. 4.-QUALITY CONTROL OF THE WORK PERFORMED. The quality of the observations made in the measurement with GPS GEOGRAPHIC COORDINATES, WGS-84 POINT LATITUDE LONGITUDE ELEV. ELIP. BST1 11°02'37.2194107"N 85 ° 44'24 0224012 "W" 31.726 BSN1 ll°05T5.4479950’’N 8 5 °44'32.5356227"W 24.043 HACHA 11°01'58.5755870"N 85°31'39.2226980"W 287.116 UTM COORDINATES, ZONE 16, WGS-84 POINT NORTH EAST ELEV. ELEP. BST1 1221098.215 637636.609 31.726 BSN1 1225958.076 637357.769 24.043 HACHA 1220016.980 660853.435 287.116 Annex 39 348 equipment can be seen in the ADJUST column, and in the SIGNIFICANT SUBSEQUENT VARIANCE 1 ( ) column in the data presented below: Annex 39 349 Annex 39 350 Annex 39 351 5.-DESK STUDY TO CONFIRM THE PRECISE LOCATION OF THE STARTING POINT AT PUNTA CASTILLA, CARIBBEAN SEA. 5.1. METHOD PROPOSED TO LOCATE BOUNDARY MARKER 1. In accordance with the Treaty of Limits of 15 April 1858 and the Arbitration Award by US President Grover Cleveland, and with the assistance of Engineer-Arbitrator, General E. P. Alexander, personally appointed by the aforementioned President of the United States, monuments were set on the entire land border between Nicaragua and Costa Rica, with 20 major boundary markers which were installed along the border between 1898 and 1900 by General E. P. Alexander. Boundary Marker 1 disappeared due to the forces of the sea according to Minutes XX of the Commissions on Limits between Nicaragua and Costa Rica signed on 19 August 1899, which refers to the disappearance of the initial boundary marker. Also, said Minutes refer to the auxiliary boundary markers established at the time, whose goal was to ensure the sustainability over time for the event of a physical restitution of the aforementioned boundary marker. A portion of Minutes XX reads as follows: “Considering that the initial boundary marker, placed near Punta Castilla, has disappeared entirely due to the force of the elements of the sea, and having the need to maintain the position of Punta Castilla and the initial boundary marker through simple means to accurately determine those points at any given time, we decide that: three reference markers shall be built from concrete block, in conformity with the blueprint copied herein and with the points Annex 39 352 established by the triangulation performed, according to the calculations and map prepared for that purpose, and even in these Minutes. These blueprints include all of the dimensions of the boundary markers to be built, as well as the lengths and all azimuths of the triangulation lines. For abbreviation purposes, Punta Castilla will be called C; the initial boundary marker shall be I; the main boundary marker shall be A; and the two auxiliary markers shall be Al and AM. Am point, where one of the auxiliary markers will be built, is the same name that exists in the triangulation aimed at linking the Centre of Plaza Victoria, in San Juan del Norte, with the initial marker; this point was established by a small reference marker and has served as the basis for all operations. In view of the foregoing, all of the points of this new triangulation are geodetically related to the reference marker existing at the centre of Plaza Victoria indicated above" After reading the previous paragraph, it is evident that EngineerArbitrator E. P. Alexander created a geodetic triangle structure, creating monuments for all of the vertices of these triangles, thus making the mathematical position of Boundary Marker 1 to persist over time. The coordinate system that Alexander used for these works is a local system, meaning that the origin of this system corresponds to the initial point (Boundary Marker 1), with coordinates 0.00 m for the X axis and coordinates 0.00 m for the Y axis. The process of transformation from the local coordinate system established by Alexander to the WGS-84 coordinate system of the Annex 39 353 network of existing monuments to date, has required the preparation of a special programme in the Visual Basic language, which is currently being refined. However, field data is still missing to implement this programme, including locating and measuring the coordinates of the boundary marker at Plaza Victoria, which forms part of Alexander’s triangulation (See annexes, graph 1); it will also be necessary to locate and measure the monuments known as Al and Am (see annexes, Graph 2) Based on all of the foregoing information, we will proceed with the software mentioned in the preceding paragraph, to calculate in modern coordinates the position of the initial point (Boundary Marker 1), in which these coordinates in the WGS-84 system will serve to locate the starting point at the same site where Mr. E. P. Alexander placed it during his time. Annex 39 354 6. - ANNEXES PHOTOGRAPHS OF THE BOUNDARY MARKERS AT PUNTA ARRANCA BARBA AND PUNTA ZACATE IN BAHÍA DE SALINAS. Annex 39 355 TRIANGULATION NETWORK ESTABLISHED BY THE ENGINEER E. P. ALEXANDER Annex 39 356 Photograph 1 Marker at Punta Arranca Barba (Nicaragua) Annex 39 357 Photograph 2 Marker at Punta Arranca Barba (Nicaragua) Annex 39 358 Photograph 3 Marker at the westernmost part of land next to Punta Zacate (Costa Rica) Annex 39 359 GRAPH 1 Alexander’s Triangulation which relates Marker 1 to the center of Plaza Victoria. Annex 39 360 GRAPH 2 Triangulation to establish the Initial Marker at Punta Castilla Annex 39 361 Annex 39 362 Annex 39 363 Annex 39 364 Annex 39 365 Annex 39 366 Annex 39 367 Annex 39 368 Annex 39 369 Annex 39 370 Annex 39 371 Annex 39 372 Annex 39 373 Annex 39 374 Annex 39 375 ANNEX 40 Costa Rica, Preliminary Information indicative of the outer limits of the Continental Shelf and Description of the Status of preparation of making a Submission to the Commission on the Limits of the Continental Shelf, May 2009. Available at: http://www.un.org/depts/los/clcs_new/submissions_files/preliminary/ cri2009informacion_preliminar.pdf 376 377 PRELIMINARY INFORMATION INDICATIVE OF THE OUTER LIMITS OF THE CONTINENTAL SHELF AND DESCRIPTION OF THE STATUS OF PREPARATION OF MAKING A SUBMISSION TO THE COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF FOR THE REPUBLIC OF COSTA RICA MAY 2009 Annex 40 378 2 1. Introduction ........................................................................................................... 3 2. Background ............................................................................................................ 8 3. Assistance and advice received during the preparation of this communication ............................................................................................................................... 10 4. Outer limit of the continental shelf of Costa Rica Baselines ........................ 11 5. Provisions of Article 76 invoked in support of this communication ............... 11 6. General description of the Pacific continental margin off the coast of Costa Rica ....................................................................................................................... 12 7. Maritime delimitations and other issues ........................................................... 16 8. Preliminary information indicative of outer limits of the continental shelf beyond 200 M ....................................................................................................... 17 8.1 Existing database.......................................................................................... 17 8.2 Foot of the continental slope points ............................................................. 17 8.2.1 -1 ............................................................................................. 19 8.3 $ Q{!" ! & ": &$!& $ \!& ........... 20 9. Description of status of preparation and intended date of making a submission ............................................................................................................ 20 10. Conclusion ............................................................................................................ 22 Annex 40 379 3 1. Introduction The Republic of Costa Rica presents to the Secretary-General of the United Nations the following preliminary information containing data on the outer limits of its continental shelf beyond 200 nautical miles (M) from the baselines from which the breadth of the territorial sea is measured, in accordance with Article 76 of the 1982 United Nations Convention on the Law of the Sea (hereinafter referred to as UNCLOS or “the Convention”). This preliminary document is presented without prejudice to the right of the Republic of Costa Rica to make other submissions for other areas at a future time. ~\=: !"!& &?$#% !O >: * !&!"~ $ United Nations Conference on the Law of the Sea in Montego Bay, Jamaica; n 15 July 1992 the Congress of Costa Rica adopted law number 7291 approvin? #% $ "$ ! September 1992. The Convention entered into force for Costa Rica on 16 November 1994. ! $ Z#% he Political Constitution of Costa Rica, Article 6, establishes: “The State exercises complete and exclusive sovereignty over the airspace above its territory, its territorial waters for a distance of 12 miles from the low-water line along its coasts, its continental shelf and its insular sill, in accordance with the principles of international law. Furthermore, it exercises special jurisdiction over the seas adjacent to its territory for an extent of 200 miles from the aforesaid line, in order to protect, conserve, and utilize on an exclusive basis all natural resources and riches existing in the waters, soil and sub-soil of those zones, in conformity with the aforesaid principles.” = !& $\!&$Z -General of the United Nations the "" : % ! !? \ &=!"!& ! >&!"he exclusive economic zone in " &"?= ). Annex 40 380 4 Figure 1: Official Chart on the Limits of Economic Exclusive Zone of Costa Rica. This submission of preliminary information establishes that the natural prolongation of the Costa Rican land mass from its coast to the outer edge of the continental margin extends beyond 200 M !! Z& $&!= &!"! !&& $ & " (see figure 2). Annex 40 381 5 Figure 2: . The Convention (paragraph 1 of Article 76) defines the continental shelf that may be subject to the sovereign rights and jurisdiction of the coastal State as follows: “1. The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.” Annex 40 382 6 The nature of the continental shelf and its constituent parts are explained in paragraph 3 of Article 76: “3. The continental margin comprises the submerged prolongation of the land mass of the coastal State, and consists of the seabed and subsoil of the shelf, the slope and the rise. It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof.” It is accepted that the cited paragraph of Article 76 provides a legal definition which is different from the geological, morphological or geographical definition of the continental shelf. This difference allows archipelagic states and states with insular territories to delineate the outer limits of the continental shelf beyond 200 M. Based on this premise, Costa Rica will submit to the Commission on the Limits of the Continental Shelf particulars of the outer limits of the continental shelf beyond 200 M from Cocos Island. According to Article 77 of the Convention, the coastal State’s rights over its continental shelf exist ipso facto and ab initio: “1. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources. 2. The rights referred to in paragraph 1 are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities without the express consent of the coastal State. 3. The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation.” Costa Rica will present to the CLCS a submission according to the rights and obligations emanating from Article 76 (paragraph 8) and Article 4 of annex II of the Convention. Paragraph 8 of Article 76 establishes: “8. Information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured shall be submitted by the coastal State to the Commission on the Limits of the Continental Shelf set up under Annex II on the basis of equitable geographical representation. The Commission shall make recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelf. The limits of the shelf established by a coastal State on the basis of these recommendations shall be final and binding.” Annex 40 383 7 Article 4 of Annex II to the Convention stipulates that where a coastal State intends to establish, in accordance with Article 76, the outer limits of its continental shelf beyond 200 M from the baselines from which the breadth of the territorial sea is measured, it should submit particulars of such limits to the CLCS, along with supporting scientific and technical data as soon as possible. In accordance with the aforementioned texts, the data and information contained in this document have the purpose of establishing the outer limits of Costa Rica’s continental shelf beyond the 200 M from Cocos Island in two potential areas shown in Figure 3 below. Relevant technical information, preliminary charts and basic argumentation that prove Costa Rica’s right to delineate the continental shelf beyond 200 M are included in this document. The precise final coordinates of the points from which the breadth of the outer limits of Costa Rica’s continental shelf shall extend beyond the 200 M, as well as the coordinates of its outer limit, will be contained in the final submission to be presented by Costa Rica to the Commission. Figure. 3: Areas of potential submission (in yellow) of the Republic of Costa Rica for the extension of the continental shelf beyond 200 M in accordance with Article 76 (8) of UNCLOS. Annex 40 384 8 2. Background The consistent implementation of the provisions of Article 76 of the Convention is the responsibility of all coastal States that intend to exercise national jurisdiction over the continental shelf beyond 200 M from the baselines from which the breadth of their territorial sea is measured. In order to assist ! & & ? != & &\!&: #% established the CLCS, which has provided for a procedure and regulations for the submission of information on the determination of the outer limits of the continental shelf beyond 200 M. This is indicated in paragraph 8 of Article 76 and Article 4 of the Annex II of the Convention cited above. In accordance with Article !"Y{!"#% the CLCS has as functions: “ (a) to consider the data and other material submitted by coastal States concerning the outer limits of the continental shelf in areas where those limits extend beyond 200 nautical miles, and to make recommendations in accordance with Article 76 and the Statement of Understanding adopted on 29 August 1980 by the Third United Nations Conference on the Law of the Sea; (b) to provide scientific and technical advice, if requested by the coastal State concerned during the preparation of the data referred to in subparagraph (a).” Under its mandate, and with aim of assisting coastal states to establish, in accordance with Article 76, the outer limits of its continental shelf beyond 200 M from the baselines from which the breadth of the territorial sea is measured, the Commission adopted the Scientific and Technical Guidelines (CLCS/11 and Corr.1 and Corr.2; CLCS/11/Add.1 and Corr.1.). The Eleventh Meeting of States Parties to the Convention, held form 14 to 18 May 2001, noted that it was only after the adoption of the Scientific and Technical Guidelines by the Commission on 13 May 1999, they had before them the basic documents concerning submissions } Decision regarding the date of commencement of the ten-year period for making submissions to the Commission on the Limits of the Continental Shelf set out in Article 4 of Annex II to the United Nations Convention on the Law of the Sea). It is understood that the ten-year time period referred to in Article 4 of Annex II to the Convention shall be taken to have commenced on 13 Annex 40 385 9 ' } \ ? \ ; This decision applies to Costa Rica. Consequently, in the case of Costa Rica the ten-year time period referred to in Article 4 of Annex II of the Convention expires on 13 May 2009. In addition, considering the problems encountered by States Parties, in particular developing countries, in complying with the time limit set out in Article !" Y{ !" #% he Eleventh Meeting of States Parties to the Convention also decided that the general issue of the ability of States, particularly developing States, to fulfill the requirements of Article 4 of Annex !!Q!:\=$ QZ$! => } \ ? \: ;O=! !" financial and technical resources and relevant capacity and expertise, or other similar constraints, many developing countries face particular challenges to fulfill these requirements. Therefore, on 20 June 2008, the Eighteenth Meeting of States Parties to the Convention decided that it is understood that the ten-year time period referred to in Article 4 of Annex II to the Convention may be satisfied by submitting preliminary information indicative of the outer limits of the continental shelf beyond 200 M from the baselines from which the breadth of the territorial sea is measured, and a description of the status of preparation and intended date of making a submission (docum }* \ ? \ j “It is understood that the time period referred to in Article 4 of annex II to the !Q! $$ &! ! $ } \ ? \ > :&atisfied by submitting to the Secretary-General preliminary information indicative of the outer limits of the continental shelf beyond 200 nautical miles and a description of the status of preparation and intended date of making a submission in accordance with the requirements of Article 76 of the Convention and with the Rules of Procedure and the Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf;…” Costa Rica is among the developing States that face particular challenges in fulfilling the requirements of Article 4 of Annex II to the Convention due to lack of financial and technical resources, including the lack of research vessels. It is noteworthy to mention that Costa Rica is one of the few coastal States without armed forces, and therefore does not possess a naval fleet that could be used for oceanographic data acquisition. Annex 40 386 10 n this background Mr. Bruno Stagno, Minister of Foreign Affairs and Worship of Costa Rica, established on 6 June 2008 an Advisory Group of the Executive Power on the Delineation of the = >!"! ";~& $Advisory Group is integrated by representatives of the following institutions : Ministry of Foreign Affairs and Worship Ministry of the Environment, Energy and Telecommunications National Geographic Institute (IGN) Costa Rican Institute of Electricity (ICE) Costa Rican Petroleum Refinery Costa Rican Volcanological and Seismological :& Q ! ` Universidad Nacional School of International Relations, Universidad Nacional Central American School of Geology, Universidad de Costa Rica & $>! !? (CIMAR), Universidad de Costa Rica $Q$= &, with relevant expertise in the field, also have assisted and integrated the Advisory Group in their personal capacity. This Advisory Group met on 6 June, 4 September and 10 November 2008, and on 10 February and 21 April 2009. It has received technical assistance from various public and private entities and people. This preliminary information document is the product of the work of the Advisory Group. 3. Assistance and advice received during the preparation of this communication In addition to the aforementioned Costa Rican institutions and individuals, the Republic of Costa Rica received valuable assistance and guidance from UNEP Shelf Programme/ GRID-Arendal, =$?" !!" Q $ ! $& Stop Data Shop. Based on open and accessible sources and modern Geographical Information System technology (GIS), GRIDArendal has provided data of the continental shelf of Costa Rica for the purpose of its delimitation work. For working and plotting most of the information presented here, the Annex 40 387 11 Advisory Group used the free domain application GeoMapApp™ (www.geomapapp.org). This software is funded by the US National Science Foundation and was developed by the Lamont O! ! !? :& Q ! O ! =>: #Q & %Z ! ; exception of the Costa Rica land and ocean territory map, which is provided by the Costa Rica National Geographical Institute, all other maps and bathymetric data were taken on-line from the LDGP database using GeoMapApp™. 4. Outer limit of the continental shelf of Costa Rica Baselines The present preliminary information and description deals with the outer limits of the continental shelf appurtenant to Costa Rica, without prejudice to any issues of bilateral maritime delimitation with neighboring States. Such issues will be referred to under item 7 below. In accordance with Article 2 of Costa Rica’s Executive Decree No. 18581-RE !" !: 1988 ! ? & ? : & & " , the principles and standards of international law in force recognize the right of the coastal States to establish the breadth of their territorial sea from the normal low-water line or from straight baselines that join the most salient points of the coast. Insofar as the Executive Decree does not establish the baselines of Coco Island, the coastline is used as a preliminary approximation to the normal baseline. 5. Provisions of Article 76 invoked in support of this communication The provisions of the relevant paragraphs of Article 76 of the Convention, especially 1, 3, 4, 5, 6, and 7 are referred to in support of preliminary information indicative of the outer limits of the continental shelf beyond 200 M. The pertinent provisions of the Rules of Procedure of the Commission (CLCS/40/Rev.1) and the Scientific and Technical Guidelines of the Commission (CLCS/11) are also invoked. In particular, the Republic of Costa Rica invokes paragraph 4(a)(ii) of Article 76 !"#% : “a line delineated in accordance with paragraph 7 by reference to fixed points not more than 60 nautical miles from the foot of the continental slope”. Application of paragraph 4(a)(ii) meets the Annex 40 388 12 test of appurtenance in support of the preliminary information indicative of the outer limits of the continental shelf beyond 200 M. Given the nature of the continental shelf southwest from Costa Rica (please see section 6 of this document), with a very rough ocean floor, the application of the second derivative without proper filtering of bathymetric profiles does not give meaningful results. For the Foot of Slope ( ) analysis presented here a moving average filter has been applied on the topography for 15 data points before and after each depth datum. The Scientific and Technical Guidelines of the Commission (CLCS/11) establish the following: “5.4.4. For the purpose of identifying the region defined as the base (of the slope), the Commission defines the continental slope as the outer portion of the continental margin that extends from the shelf edge to the upper part of the rise or to the deep ocean floor where a rise is not developed. The rise, in turn, is the wedge-shaped sedimentary body having a smaller gradient than the continental slope. Many continental margins, however, depart from this ideal picture (see chap. 6, sect. 6.2, and figs. 6.1A-6.1F), and in such cases geological and geophysical data may be used to assist in identifying the region referred to here as the base of the continental slope.” Since there are no sources of sediments from the Cocos Ridge, there is no continental rise at the base of this ridge and therefore the slope extends all the way down to the deep ocean floor. It is for this reason that as a preliminary approach for this document the potential area of the base of the slope is located, and then the maximum change in gradient is identified. 6. General description of the Pacific continental margin off the coast of Costa Rica The northern Central America Pacific continental margin, north from 9 degrees N, is characterized by a narrow continental shelf. This margins drops to a deep ocean trench that reaches over 6000 meters (m) in depth off southern Mexico. South from 9 degrees N, in southern Costa Rica, the continental margin extends for over 600 M along the Cocos Ridge to the Galapagos Islands (Fig. 4). The Cocos Ridge is one of the traces created by the Galapagos hot spot. Annex 40 389 13 Figure 4: Continental margin around Central America as depicted by the 2500 m contour. Central America is located on the western margin of the Caribbean Plate and on the Panama Block (Fig. 5). The Cocos Plate subducts beneath the Caribbean Plate from Guatemala to northern Costa Rica and under the Panama Block in central and southern Costa Rica. South of :! $ :Z!& $ > !""= &= & > = [!; This right-lateral transform fault is the plate boundary between the Cocos and Nazca plates. The Cocos Ridge is subducting under the Panama Block in southern Costa Rica. Annex 40 390 14 Figure 5: Regional tectonic setting of Costa Rica (from Protti et al., 2001).1 Cocos and Nazca plates are generated along the East Pacific Rise and along the Galapagos \ $? ; !&\ $ !? & " & >$-ocean ridge with Q " &&\ $? & ^$: &>!!! " !! ; ! ! n lithosphere of both the Cocos and Nazca plates, generated by the slow spreading rate of the Galapagos Spreading Center, is characterized by an ocean floor with very rough topography. Due to this condition, the ocean floor SW from Costa Rica and S from Panama, along the Cocos Ridge, its NW flank, the Carnegie Ridge, its SW flank and the ocean floor between these two ridges, presents a very rough topography with water depths much shallower than the ocean floor off the rest of Central America and off Peru (Figures 6 and 7). Therefore all the area encompassed between the Cocos and Carnegie Ridges can geo-morphologically be included as 1 Protti, M. Güendel, F. and Malavassi, E., Evaluación del Potencial Sísmico de la Península de Nicoya; (Heredia, Costa Rica: Editorial Fundacion UNA, 1ra. edicion, 2001), 144 p. Annex 40 391 15 part of the continental margin of southern Central America and northwestern South America, as can be seen in Figure 7. Figure 6: Three dimensional view of the Pacific continental margin of Costa Rica and Cocos Island with names of key submarine features. Annex 40 392 16 Figure 7: Map showing the extention of the Cocos and Carnegie ridges in southern Central America and western South America and depth sections across these ridges. Cocos Island is part of the Cocos Ridge and is internationally recognized as part of the official territory of Costa Rica. Along this extension of the continental shelf of Costa Rica and from Cocos Island is where the Government of Costa Rica delineates the continental shelf beyond 200 M according to the criteria established in Article 76 of the #% . Although most of this continental margin is already within the 200 M of Costa Rica’s jurisdiction (Fig. 1), two small wedges to the NW and SE from Cocos Island are in areas that could potentially be part of the extensions of Costa Rica’s continental shelf (Fig 3). 7. Maritime delimitations and other issues All information and maps contained in this communication are without prejudice to issues of maritime delimitation. Nor do they constitute any statement or expression of views by the United Nations or UNEP Shelf Programme/GRID Arendal. Annex 40 393 17 Unresolved questions remain in relation to bilateral delimitation of the continental shelf with neighboring States. Such questions will have to be considered by reference to Rule 46 and Annex I of the Rules of Procedure of the Commission. 8. Preliminary information indicative of outer limits of the continental shelf beyond 200 M ! $ Z }*!\;\; & !>>= !&&!$! => &Q Foot of Slope Points \!& have locations that make it clear that Costa Rica’s continental shelf extends beyond 200 M from the baseline. Considering the limited scientific data available at the moment, no final conclusion is made regarding the most appropriate location of the base of the continental slope of Costa Rica at this stage. Rather it is found incumbent, and therefore should be regarded as a preliminary estimation based on available data, which serves to document Costa Rica’s potential to delineate the continental shelf beyond 200 M. While there may be grounds for carrying out additional surveys for the precise identification of \!&"! Zhich there is the possibility of significant variations), the following preliminary \!is submitted as part of this information. This will be subjected to later revision. 8.1 Existing database With the exception of the Costa Rican land and ocean territory map, which is provided by the Costa Rica National Geographical Institute, all other maps and bathymetric data used in this preliminary information were taken on-line from the database at the Lamont Doherty Geological :& Q ! O ! =>: #versity in New York, and displayed using GeoMapApp™. 8.2 Foot of the continental slope points As a preliminary exercise a \! has been identified from the bathymetric databases of !' \Y\\ O ;This \!, generating continental shelf area beyond 200 M on the Annex 40 394 18 NW flank of the Cocos Ridge is plotted in Figure 8. For documentation purposes and to demonstrate the variable nature of the continental margin of Costa Rica, this \! is described in more detail in the following section. \!&"! southeast from Cocos Island are not presented since, as described in section 6, that area is an intrinsic part of the continental margin and therefore within the envelope of the foot of the slope. A local slope there does not end on a deep ocean floor. T\!&&: !"$" ? \!& ! $"= & Z $ one documented here cannot be excluded, should more data be acquired and made available at a later stage. Figure 8: Map showing the location of FOS-1 point (red circle). This FOS point generates continental shelf area beyond 200 M based on the 60 M (circle around FOS-1) distance criterion of Article 76 paragraph 4(a)(ii). This FOS point is described in more detail in Section 8.2.1. The yellow line shows the location of the depth section plotted on Figure 9 and the red line the section where the second derivative criterion was applied. The dark line shows the extension of the exclusive economic zone of the Republic of Costa Rica. Annex 40 395 19 8.2.1 FOS-1 Basic Data Data type Data source Measured and estimated seafloor topography Smith, W. H. F., and D. T. Sandwell, Global seafloor topography from satellite altimetry and ship depth soundings, Science, v. 277, p. 1957- 1962, 26 Sept., 1997. http://topex.ucsd.edu/WWW_html/mar_topo.html ! -1 is located at the base of the continental slope of the north-western part of the Cocos Ridge. The continental slope in this area connects the shelf of Cocos Island with the deep ocean floor of the Tehuantepec Basin in the Pacific ; ~ !" : & !" & !\ & identified on the basis of morphology by measured and estimated seafloor topography of the Smith and Sandwell, 1997, database. ! -1 was determined at the maximum change in average gradient within the base of slope area as depicted in Figure 9. Figure 9: Analysis of point FOS-1 at the base of the continental slope. Location of bathymetric profile is shown in Figure 8. Annex 40 396 20 8.3 Indicative extent of the continental shelf based on selected FOS points Point -1 generates continental shelf area beyond 200 M based on the 60 M distance criterion of Article 76 paragraph 4(a)(ii). The exact location of the outer limits of the continental shelf beyond 200 M awaits the final analyses to be submitted to the CLCS (see section 9). 9. Description of status of preparation and intended date of making a submission The Costa Rican Government is of the opinion that this communication takes advantage of available data from relevant intergovernmental bodies and organizations. The utilization of preliminary data provides a careful documentation, as an example, of minimum location of a Point and its projection, thus providing in good faith prima facie evidence that Costa Rica’s continental shelf extends beyond 200 M from the baseline. However, additional data collection will be necessary to provide exact information on the location of points. The relevant data contained in Stop Data Shop from UNEP Shelf Programme/ GRID-Arendal will be used for this purpose. The acquisition of new bathymetric data, however, would require extra funding which is not available for the moment. Therefore, the Government of Costa Rica will utilize existing databases extensively to minimize possible acquisition of new data. The Scientific and Technical Guidelines (STG) of the Commission2 give guidance to the type and quality of the data that is required to support a submission by a coastal State to the Commission concerning the outer limit of its continental shelf. Chapter 9 of the STG specifies the format and recommended contents of such a submission. The STG, on the other hand, does not give any guidance as to the planning and organization of the project of preparing a submission. 2 Commission on the Limits of the Continental Shelf, 1999. Scientific and technical guidelines of the commission of ! & ";OQ&!"! Y"" & $ Z!" "" !"? Y"" &#$%ations, document CLCS/11, 92 p. Annex 40 397 21 The Training Manual provided by the Divi&!"! Y"" & $ w of the Sea/ "" !"? Y"" &O Y 3 , contains further details on how such a project may be conducted. According this Training Manual the following steps should be taken to plan and manage a submission: Undertake the initial appurtenance study; Produce a desktop study; Plan and acquire data; Analyze all data and produce all relevant scientific and technical documentation; Prepare the final submission; and Provide technical support to political level throughout the project cycle. The provided in this document shows that Costa Rica passes the test of appurtenance and the next natural step will be to prepare a desktop study. According to the Training Manual, a desktop study shall cover the following items: Assemble and organize all pre-existing data; Analyze the data according to Article 76; Identify areas of critical value for further studies; Subdivide the geographical area being considered according to the applicability of the formulae and constraints provisions; Identify the need for further data; and Determine preliminary survey plans, cost estimates and recommendations for future work. 3 OQ&!"! Y"" & $ Z!" , "" !"? Y"" &, 2006. Training Manual for delineation of the outer limits of the continental shelf beyond 200 nautical miles and for preparation of submissions to the Commission on the Limits of the Continental Shelf. Annex 40 398 22 To fund activities related to preparing a submission, Costa Rica will make an application to the the Limits of the Continental Shelf for developing States, in particular the least developed countries and small island developing States, and compliance with Article 76 of the United ! " (UN Trust Fund) (http://www.un.org/Depts/ los/clcs_new/trust_fund_Article76.htm). The UN Trust Fund does not, however, fund acquisition of data. Consequently the desktop study should investigate ways to secure funding for acquisition of additional data if further studies show that this is necessary for the delineation of Costa Rica’s extended continental shelf beyond 200 M, and no relevant data is available from public sources. A full submission is planned to take place within three years, unless otherwise specified in light of circumstances. 10. Conclusion The provided in the present communication shows that Costa Rica passes the test of appurtenance as described in the Scientific and Technical Guidelines of the Commission. As an example, a point that has been identified on the Costa Rican continental slope makes it clear that Costa Rica’s continental shelf extends beyond 200 M from the baseline. The above preliminary information submitted in accordanc Z }* !\;\; & without prejudice to the final submission in accordance with the requirements of Article 76 of the Convention and with the Rules of Procedure and the Scientific and Technical Guidelines of the Commission, and the future consideration by the Commission. It is requested that the Secretary-General inform the Commission and notify member States of & !>>= ! ! $ Z }*!\;\;$ ; Annex 40 399 ANNEX 41 Nicaragua, Ministry of Energy and Mines, Petroleum Promotional Folder, 2012. English original. Available at: http://www.mem.gob.ni/media/file/HID Y# } O¯ ' ~ %Y} ' ~ % ¯ O¯% ¯;\$" 400 401 Petroleum Promotional Folder of Nicaragua, MEM. 5 ua Annex 41 402 Petroleum Promotional Folder of Nicaragua, MEM. 1 Verónica Artiles INE [Seleccionar fecha] 1. Opportunities for Hydrocarbon Exploration and Exploitation in Nicaragua. 2. Areas for Exploration and Exploitation of Hydrocarbon. 3. Map of Available Areas for Hydrocarbon Exploration and Exploitation. 4. Summary of Legal and Fiscal Terms for Exploration and Exploitation of Hydrocarbons 5. Application for Qualification as Exploration and Exploitation Contractor. 6. Data Packages Available. 7. Data Packages Acquisition Procedures. 8. Data Package Content. 9. Geochemical Results in the Pacific and Caribbean Margin. CONTENT [Escribir el subtítulo del documento] [Escriba aquí una descripción breve del documento. Una descripción breve es un resumen corto del contenido del documento. Escriba aquí una descripción breve del documento. Una descripción breve es un resumen corto del contenido del documento.] Annex 41 403 Petroleum Promotional Folder of Nicaragua, MEM. 2 1.OPPORTUNITIES FOR HYDROCARBON EXPLORATION & EXPLOITATION IN NICARAGUA Annex 41 404 Petroleum Promotional Folder of Nicaragua, MEM. 3 Opportunities for Hydrocarbon Exploration & Exploitation in Nicaragua Annex 41 405 Petroleum Promotional Folder of Nicaragua, MEM. 4 CONTENT 1. KEY ASPECT OF NICARAGUA 2. EXPLORATION HISTORY 3. HYDROCARBON POTENTIAL 4. GEOLOGICAL SUMMARY OF BOTH BASINS OF NICARAGUA 5. OIL INFRASTRUCTURE 6. REFERENCES Annex 41 406 Petroleum Promotional Folder of Nicaragua, MEM. 5 1. KEY ASPECT OF NICARAGUA 1. Location The Republic of Nicaragua is located in the middle of the Central American Isthmus, as a narrow bridge joining North and South America, and at the same time, it separates the Pacific and the Atlantic Ocean. 2. Boundaries Nicaragua is located at the North by Honduras and at the South by Costa Rica; at the East by the Caribbean Sea and at the West by the Pacific Ocean. It is the largest country of Central America with a continental area of 130,668 square kilometers, including its lakes. 3. Geographical features In the Pacific Region, a depression named Nicaraguan Graven is lying, where the active volcanic range is found. Gentle hills tilting seaward are also found. In the Atlantic Region, coastal plains are made up of valleys and alluvial plains. The highlands are located at the Northeastern part of the country, where mountains reach up to 2,000 meters over the sea level, such as Mogotón and Kilambé. 4. Population and Language The population is nearly 5 million inhabitants made up of several ethnic groups. The official language is Spanish, although other non official languages are also spoken by a minority in the Atlantic Coast, such as English, Miskito, Sumo, Rama and other native languages. 5. Climate Climate is tropical and it is characterized by two alternate periods: humid and dry. Rainy season is from May to October and dry season is from November to April. Average yearly precipitation is 1,200 mm. Dry zones are also found at the Northern part of the country, which are dry all over the year, such as Nueva Segovia-San Juan de Limay. Annex 41 407 Petroleum Promotional Folder of Nicaragua, MEM. 6 6. Religion Nicaragua has freedom of religion, but Catholic religion is predominant with 95% of the population. 7. Economical Activities The Government of Reconciliation and National Unity of Nicaragua has focused on maintaining macroeconomic stability through the implementation of fiscal, monetary exchange and allowing to obtain low inflation and fiscal deficit manageable. The approval of the program with the International Monetary Fund over the last three consecutive years has provided a suitable business climate for foreign investment. The policy implemented by the Government to face the global economic crisis, has allowed being the country with the lowest gross domestic product in Central America. Main exports are agriculture, manufacturing, fisheries and mining. The export by sector by December 2009 amounts to $ 436 million in agriculture, in fishing was $ 89 million and the mine was 86 million, indicating a reduction compared to the previous year. Manufacture Imports registered a decline of $ 883 million, mainly petroleum and petroleum products decreased to 339.2 million dollars. The tourism income has been increased since 2009 when it reached $ 346 million. In January 2010 inflation (CPI) in the country reached 0.97% the expecting inter-annual inflation value is of 1.85%., which is an intermediate value in Central America. Annual inflation in 2009 was 12.45%. Source: www.bcn.gob.ni 8. Type of Government Nicaragua is a democratic republic headed by four powers: Executive Power, Legislative Power, Judiciary Power and Electoral Power. The Executive Power is headed by the President of the Republic, who is also the Commander in Chief of the Army. The President is elected by direct popular and secret vote for a 6-year period. The Legislative Power is headed by the National Assembly made up by 92 representatives, who are elected by direct and secret vote. The Judiciary Power is constituted by the Supreme Court of Justice, the Appellate Court and ordinary tribunals. The Electoral Power is the supreme council in charged to guarantee the transparence in the electoral process of local and national authorities. Annex 41 408 Petroleum Promotional Folder of Nicaragua, MEM. 7 2. EXPLORATION HISTORY The main exploration areas are the Miskito Basin in the offshore Caribbean Coast and the Sandino Basin in the onshore and offshore Pacific Coast of Nicaragua. Hydrocarbon exploration in Nicaragua started in 1930. The period 1960-1978 was very active since different international petroleum companies conducted seismic 2D acquisitions and drilling in both platforms of the country. Presently, five concessions for oil exploration and exploitation have been awarded: one concession onshore Pacific Coast and four concession offshore Caribbean Coast. Pacific Margin: The Pacific Margin of Nicaragua encompasses the Sandino Basin, which is a “fore-arc” type basin. It is located in front of the Caribbean Plate of Nicaragua. The extension of this basin is 30,000 Km2 till the Nicaraguan depression at the Northeast of the basin. The exploration program conducted in 1960-1979 included 10,931 Km of marine 2D seismic and 4 exploratory wells. Different petroleum companies operated in this region, mainly in offshore. In 1990, the Norwegian company Statoil acquired 1,360 km of 2D seismic in offshore and in 1992, Geco-Prakla carried out an evaluation report of the hydrocarbon potential in offshore area. carried out investigation regarding the petroleum system of the Sandino Fore arc Basin of Western Nicaragua. The oil company Oklahoma Nicaragua, S. A. owner of the onshore concession and its operator NORWOOD Nicaragua, S. A. has conducted 430 km. of 2D seismic and has drilled three exploration wells and two “sidetrack” wells. The sidetrack SB1X2 recovered 323 bbl of water formation with oil and produced 18.8 bbl of oil of 38.45º API in December 2009. The Company deepened the SB-1X2 sidetrack on January 30, penetrating the sand zone in the total depth of the well. Although oil fluorescence was observed in samples from 6395’ to TD, subsequent isolation and testing of the sand yielded Annex 41 409 Petroleum Promotional Folder of Nicaragua, MEM. 8 no inflow indicating lack of effective permeability in this sand at this location. Zone 9 tested 18.3bbls of pure oil on a limited test on December 5 and 6 2009 as previously reported. Zone 11b recovered 60 bbls of oil during well cleaning operations in 2008. The company is evaluating the data acquired and is planning to continue the exploration activities. Caribbean Margin: The Caribbean Margin of Nicaragua encompasses the Miskito Basin, which is a “pull apart” type basin. Exploration conducted in 1965-1980 included the acquisition of approximately 22,900 Km of seismic 2D and 24 exploratory wells drilled in offshore. During 1985-1987, the French company Beicip carried out a comprehensive study to evaluate the hydrocarbon potential of the Caribbean Margin of Nicaragua. During 1999, the Government of Nicaragua awarded a superficial reconnaissance to the Norwegian petroleum company Fugro-Geoteam A/S to conduct a marine 2D seismic survey in the Caribbean Margin of Nicaragua, which identified new structural and stratigraphic elements. In 2004, the Japanese company JGI, Inc. carried out a geochemical study in the Caribbean offshore with special emphasis in the hydrocarbon source rock. The oil company Noble Nicaragua, S. A. has completed the Environmental Impact Study process for its two concessions Tyra and Isabel and is waiting for the issuing of the Environmental Permit of MARENA to start oil exploration. The oil company Infinity Energy Resources, Inc. is working on the Environmental Impact Study for its two concessions Tyra and Perlas. Both companies are conducting studies to evaluate the potential of their contract areas based on the 2D seismic surveys acquired Annex 41 410 Petroleum Promotional Folder of Nicaragua, MEM. 9 3. HYDROCARBON POTENTIAL The oil seep at the San Cayetano river area in the Pacific and the oil and gas shows in the drilled wells, as much in the Caribbean Margin as in the Pacific of Nicaragua, as well as the identified geologic structures in seismic survey conducted are positive indicators of the existence of generation processes and hydrocarbon migration in the Nicaraguan basins. In both margins reservoir and source rocks have been identified, as well as seal rocks and structural geologic traps, which documents the existence of the basic parameters for the accumulation and hydrocarbon discovery. Information related to structures and reservoir, as well as oil and gas shows in offshore wells, guarantee the hydrocarbon generation. Basin Stratigraphic Pacific The stratigraphic and depositional environments of the Pacific Shelf have been controlled by their tectonic history. The sedimentary infill of Sandino basin represents a prograding succession of sediments grading from deep (pelagic to slope deposits) to shallow marine to transitional continental system. San Cayetano Oil Seep Annex 41 411 Petroleum Promotional Folder of Nicaragua, MEM. 10 Stratigraphic Column of Pacific and Caribbean Margin of Nicaragua. The basement of the Sandino Basin is constituted by the Ophiolitic Nicoya Complex which is outcropping in the Santa Elena Peninsula (Costa Rica). The Nicoya Complex is interpreted as deep sea pelagic to hemipelagic deposits with a strong concomitant volcanic activity, influence by intrusive ultramaphic and basic rocks (peridotites, gabbros, basalts, dolerites, and harzburgites) which are overlain by a pelagic sedimentary succession interbedded with basic oceanic rocks. Sedimentation continued in a deep marine system from the Early Cretaceous to the Oligocene. These sediments constitute a thick sedimentary succession which was derived from volcanic rocks and carbonates, and it is formed by cycles of turbidites grading from thin bedded distal deposits to sandy lobe complexes, slumps, turbidite wedges, local submarine fans and deposits of distributary channels. The presence of coarse grained sandstones and greywacke sandstones indicates that the sediment source was not far away from the sedimentation basin. These deep marine sediments reach a thickness of 6,500 meters. Annex 41 412 Petroleum Promotional Folder of Nicaragua, MEM. 11 The transition between deep marine to neritic deposits is marked by the Upper Oligocene Las Cenizas sequence near la Boquita beach. This boundary is well expressed in the sedimentation regime, and reflects a change in the depositional energy, as well as changes in the sediment source. The Upper Oligocene to Plio-Pleistocene formations was developed in a shallow marine with a transition to a continental system. Sedimentologically, they are characterized by a high variability of facies, which reflect the different depositional systems. The sedimentary facies succession is represented by fine grained lithologies corresponding to the Outer Shelf System and more coarse grained facies associations deposited in an internal platform system. The facies associations of the El Salto Formation are related to beach environment, bay deposits, bar sandstone, biogenetic detritus influenced by wave activity. Aggradational deposits sedimented in a marginal bay lagoon are also present. The thickness of the neritic deposits reaches 4,000 meters. Basin Stratigraphy Caribbean The Cenozoic series thickness varies from 2,000 to 10,000 meters in the northeastern part, and comprises predominantly carbonate platform type deposits with a varying amount of volcanic material mainly in the Lower Eocene section. Clastics of continental to deltaic origin as well as platform carbonate type are developed in the Oligo-Miocene series. Cretaceous sediments have been identified locally, in areas where they were preserved from the erosion subsequent to the Laramide Orogeny at the end of the Cretaceous. Outcrop samples in the Siuna locality, show lithologies of mainly black shale, limestone, and conglomerates from a shallow marine environment. One sample of chert from Siuna was analyzed in National Petrographic Service in Texas, USA, originally, it is estimated that the sapropelic content of kerogen was 77%, and the rock probably had a very rich oil source rock potential (J.H.Ruffin, 2000). The Eocene section is made up of Carbonates deposited in a platform environment occasionally grading to bathyal, with subordinate sandstone beds in the lower part. Volcanic material is locally abundant in the south. Seismically this section has been subdivided into five seismic-stratigraphic units (Beicip 1985). Lithologically, the units are characterized by massive, bioclastic carbonates with local reefal influence in the NE and volcanic material (subordinate clastics) in the south. Annex 41 413 Petroleum Promotional Folder of Nicaragua, MEM. 12 A sedimentary break of regional extent marks the boundary between the Eocene and that Oligo-Miocene series. This break often corresponds to a lithological contrast or to an unconformity, and can be followed over the major part of the platform. Intra Eocene unconformities and a Middle Miocene unconformity are also observed locally. The Oligo-Miocene sediments are predominant clastics of continental to deltaic origin in the NW of the platform and shelf to open marine carbonates in the SE. Annex 41 414 Petroleum Promotional Folder of Nicaragua, MEM. 13 PACIFIC MARGIN The Pacific Coast of Nicaragua comprised the Sandino Basin, which represents a fore-arc basin, located in front of the Caribbean Plate of Nicaragua, which was developed during the Cretaceous, and contains up to 10,000 meters of Cretaceous and Tertiary sediments. This basin comprised 160 km of the Middle American Trench, and extends onshore through the Nicaraguan Depression. The outer arc of the Sandino basin was deposited as a result of divergent faults reversing caused by tectonic movements of convergence of the Cocos and Caribbean Plate. The accretion systems in the Middle Eocene allowed the deposition of a thick succession of prograding turbiditic wedges. Between Chortis and Chorotega blocks in the Middle Eocene the basin evolution was as a transtensional forearc basin. Uplifting caused the formation of listric faults and the rapid deposition caused the formation of over pressured shales and subsequent diapirism. A regional unconformity related to sea level fall occurred in the Middle Eocene producing strong erosion which appears as eroded channel series on seismic lines. Tectonic activity in the Neogene caused the reactivation of faults systems that fingers the outer arc and shale diapirism deposition. Coastal flexures were development during the Upper Miocene related with the uplifting of Rivas Isthmus, caused by magnetic activity. Three geological structures in Pacific offshore of Nicaragua were drilled; only the Corvina-2 well gave oil and gas indications. The seismic survey conducted during 1965-1974, allowed the identification of several interesting geologic structures, of which the structural High Corinto, Masachapa and San Juan deserve special attention. Annex 41 415 Petroleum Promotional Folder of Nicaragua, MEM. 14 Source Rock: Two different sources rocks were recognized in the regional geological study of 1993. The most interested source rock was the Loma Chumico of JurassicCretaceous age, associated to the Ophiolitic Nicoya Complex (Nicoya Peninsula). The black shale intercalated with volcanic sediments in the upper part of the Nicoya Complex reach an accumulative thickness of 120 meters. Six outcrops of the Loma Chumico samples from the Santa Elena Peninsula were analyzed in 2003, indicating the existence of an excellent source rock with kerogen type I and II and TOC value of 4.41% to 54.8%. In the outer arc this black shale level could be found to a deep favorable for oil generation. Outcrops samples of black shale of the Rivas Formation in the Eocene level are also good source rock located in the Rivas Isthmus. Analysis of these samples giving a TOC value of 0.20% and 0.45% which are related with weathered. Another source rock is present in the outcrops Rivas Formation samples of Late Maastrichtian to Late Paleocene outcrops in dispersed way in the SW of the Nicaragua. Rivas-1 and Ostional-1 wells reached this sedimentary level and present a turbiditic sedimentation system with shale predominance. Structural Elements in the Offshore Pacific Margin Annex 41 416 Petroleum Promotional Folder of Nicaragua, MEM. 15 Well stratigraphic shows the existence of Jurassic and Cretaceous level in the NW region of Nicaragua. The total organic carbon and Rock Eval pyrolysis analyses in the Brito Formation outcrop samples indicates that they are mature source rock of excellent range, presence of oleanane compound suggest that the source rock has high plant material content. An excellent source rock is expected in the Masachapa Formation. Rivas-1 well lithological profile Generalized stratigraphic representation of Rivas-1 and Ostional-1 wells, Sandino Basin Annex 41 417 Petroleum Promotional Folder of Nicaragua, MEM. 16 Reservoir Rock: Sandstone and clastic carbonate have been identified onshore like massive deposits and breach; also grade inter-stratigraphic carbonate, sandstone interbedding pack and channels fill deposits. Reservoir rocks are thought to occur at the outer structural high and in the area of the Corvina anticline, seismic shows large amplitude and high velocity interpreted as carbonate ramps and reef carbonates, also reported from the outer structural high in Costa Rica. Deep water sandstones and calcareous shales of the Brito Formation may act as possible reservoirs, with an average porosity of 30%, probable due to secondary porosity. Tertiary black shales which may exist in wide areas of the Pacific offshore and onshore can act as a good reservoir rock. Seal Rock: The sedimentary succession in the infill, highly favor the existence of important fine grained sedimentary packages that can act as a good seal rock. The Upper Cretaceous (Maastrichtian-Campanian) presents clastic turbidite deposits interbedding rhythmically with shale and sandstones from fine to medium coarse grain. Faults with NS-EW direction sealed with calcite caused by very calcareous environment can act as good seal. This condition of lateral facies changes, and the cyclic succession of sandy and muddy facies in the column, facilitates the existence of seal rock. Stratigraphic traps related to sedimentary systems of depositional environment and changes of sea level have been recognized. Outcrop structural interpretation shows the presence of channel fill and levee channel deposits in the Brito Formation and channel fill in the Masachapa Formation. Annex 41 418 Petroleum Promotional Folder of Nicaragua, MEM. 17 Geological Structures in the Pacific Offshore, possible Cretaceous sediments deposition are shown. RIO EL BRASIL PUNTA NARANJO BRITO FORMATION UBICATION MAP MASACHAPA FORMATION Annex 41 419 Petroleum Promotional Folder of Nicaragua, MEM. 18 CARIBBEAN MARGIN: The Caribbean Margin of Nicaragua comprises a continental platform of 45,000 sq. km with water depths averages less than 30 meters. The total area of this Caribbean Margin is more than 170,000 sq. km. Offshore 2D seismic indicates structural and stratigraphic elements such as carbonates reef, stratigraphic traps with clastic reservoir of sandstones and bioclastic limestone. These elements were confirmed in the 2D seismic survey acquired by Fugro-Geoteam, which identified new prospects in the Southern region of the basin, near the Chiripa fault. The Caribbean Margin of Nicaragua is a back arc basin, which underwent a very complex evolution from Jurassic times. The main tensional fractures are: The Pedro Bank crossing the North of the Shelf and is part of the Nicaraguan Rise. The Santa Elena-Hess Escarpment, which is a complex tectonic zone act during Cretaceous. The Santa Elena may represent a fractures zone of Cretaceous age between Chortis and Chorotega Plate. There are outcrops evidence samples in the Punta Santa Elena (Costa Rica) and in the Boca de Sábalos in Nicaragua. The first well drilled onshore was Punta Gorda-1 and the first well drilled onshore was Touche-1, abandoned after a blow out at the total depth of a 4,420 m. Only Perlas-1 gave encouraging oil and gas shows. An accumulative production of 350 b/d of asphalt oil was recovered in Lower Eocene. The economic basement dated by Texaco in 1977 as Early Cretaceous to Late Cretaceous has not been confirmed yet. This basement shows a lithology of granite in the Twara-1 well, and diorite in the Centeno-1, Toro Cay-1 and Miskito-1 wells, as well as greenschicts in the Rama-1 well lithology in offshore. Shell assumed that greenschicts lithology represents an old turbiditic wedge inside a subduction process. Seismic section acquired by Fugro-Geoteam AS, 2000 Annex 41 420 Petroleum Promotional Folder of Nicaragua, MEM. 19 Annex 41 421 Petroleum Promotional Folder of Nicaragua, MEM. 20 Nica-1 well penetrated a thin section of Late Cretaceous limestone before reaching the total depth in a Paleocene andesitic intrusive. Northward in the Touche-1 well, the Paleocene was reached presenting a marine shale, siltstone, and sandstones sequence lithology at the total depth of 4,572 m, and also conglomerate and diorite. This well showed a gas production. Source Rock: Geochemical analysis proved the present of a good oil prone with kerogen Types I and IV with marine organic matter in the Perlas-1 well. This source rock was also reached in the Huani-1 well. The absence of this source rock in the North indicates that the oil produced in the well with 36º API could have migrated from the central part of the basin. The oil content in the samples wells of Perlas-1 and Huani-1 might belong to the Eocene sediments of the basin or to the Cretaceous sediments that might be present in the deepest part of the basin, similar to those outcropping in Siuna locality in Nicaragua. The source rock identified in Tuapi-1 produced 61 BOPD of oil of 42.4º API and 979 CMG. The gas recovered support the hypothesis of a unique source rock of Eocene age, since these sediments are now under the main gas generation zone. In the 2000, J. H Ruffin from the Petrographic National Service of Texas, United States, made a geochemical analysis to the black shales of Cretaceous age outcropping in the Siuna Locality, Northeastern Nicaragua. Seismic sections reprocessed by Fugro-Geoteam AS, 2000 Annex 41 422 Petroleum Promotional Folder of Nicaragua, MEM. 21 Geoseismic Profile of the North Miskito Basin 0 m 2000 4000 6000 HUANI-1 (projected 900m. S) Miskito MISQUITO-1 (projected 500m. N) Legend Unit III. Unit II. Unit I. Oligo-Miocene series. Acoustic basement. Unit V. Unit IV. This analysis indicates the presence of a overmature source rock related to regional intrusive and volcanic activity in the region. The result indicates that originally the sapropelic part of the kerogen was as high as 77% commonly found in kerogen Type I. This implies that the Cretaceous shales may act as an excellent source rocks in the deepest part of the basin under a normal geothermal gradient. The source rock that generated oil shows in the Huani-1 well has not been reached yet. It is believed that this source rock can be Eocene or older, or perhaps might be the same found in Siuna locality. Reservoir Rock: Clastic and carbonate (delta, carbonate platform, and reef) reservoirs were identified in the Eocene and Oligo-Miocene series on wells Miskito-2, Nasa Cay- 1, Huani-1 and Huani-2. In the northern part, carbonates show good porosity, fracturing and leaching process of this section may have greatly improved the permeability. This event might have favored shale seal in the Oligo-Miocene. In the south, sandstones reservoir ought to be the best. Domes structures and carbonate shelf from Eocene age, and carbonates reef from Oligocene-Miocene age are also presents in the Miskito area. Annex 41 423 Petroleum Promotional Folder of Nicaragua, MEM. 22 There are good sandstone reservoirs from Eocene in the southern and western basin. The seismic data from Fugro-Geoteam identified carbonates reefs and carbonates shale in the basin. Based on Beicip evaluation, there are carbonates, sandstones and siltstones from Eocene underlying the sedimentary volcanoclastic sequence. Positive culminations and seal are expected to be present through the Perlas area. In the Nasa Trend the Eocene limestone underlying the basal siltstones from Oligocene-Miocene can act as excellent reservoir. Seal Rock: In the northern part, Oligo-Miocene sediments predominantly prodeltaic shales and fine carbonates from the Upper Eocene can act as good seal rock. Also, evaporites and shale are expected to be present somewhere in the basin. Nica-1 well shows fractured siltstones with calcite filled, which are present as a Paleocene andesitic, this fractures can act as a good seal. In the Centeno-1 well area stratigraphic related with the Chiripa fault can act as a good seal. Geoseismic Profile of the South Miskito Basin Near Centeno-1 well. 0 m 2000 4000 6000 8000 10000 12000 0 3 6 9km. Graphic Scale Bluff Hight Providencia Graben Santa Elena - Hess Escarpment Fault zone Legend Unit III. Unit II. Unit I. Oligo-Miocene series. Acoustic basement. Unit V. Unit IV. Annex 41 424 Petroleum Promotional Folder of Nicaragua, MEM. 23 Traps: Structural and stratigraphic traps are present in the Oligo-Miocene and Eocene series underlying the regional unconformity, such as carbonates reef, prograding carbonates, reef development in near the diapiric, sandstones and channel of shales related with delta plain systems and delta front systems. 4. GEOLOGICAL SUMMARY OF BOTH BASINS OF NICARAGUA Sandino Basin The Sandino Basin is a forearc basin with a geothermal gradient of 2.5 ºC per hundred meters. Onshore, thicker beds and coarse grained sandstones bodies have been interpreted to represent deep water channel fills and form parts of relatively small, radial submarine fans (Brito Formation) or to represent small, isolated channel and gullies that were deposited within a deep slope environment (Masachapa Formation). The Brito reservoir have indicated in the San Bartolo-1 well porosities of 17- 21% and permeabilities of 3-30 mD, and porosities of 16-24% and permeabilities of 2-60 mD in the Mesa-Gutierrez Cano-1 well. The development of secondary porosity due to late diagenetic dissolution of feldspars and fracturing may favored the reservoir porosity. Masachapa sandstone sediments are also present in Pacific Offshore with thicker thickness, near the Corvina-2 well. The organic matter of the Masachapa and Brito is mixed terrestrial and marine, the vitrinite reflectance (0.25% and 0.45%) value indicate an immature organic matter. Masachapa rests unconformably over Brito Formation and is composed of turbiditic volcanoclastic shales interbeded with siltstone and sandstones. The youngest series are formed by carbonate and volcanoclastic turbidities deposited in shallow warm water indicated by the abundant mollusks and reef clasts. Lower Cretaceous black shale of the Loma Chumico Formation is the source rock expected to be in the deepest part of the basin. Annex 41 425 Petroleum Promotional Folder of Nicaragua, MEM. 24 Location map of Corvina -2 well and seismic lines tie. Seismic section ST8910-215 of Pacific Offshore and seismic section Line 344 of Pacific Onshore. Annex 41 426 Petroleum Promotional Folder of Nicaragua, MEM. 25 Miskito Basin The Nicaraguan Caribbean shelf has water depths ranging between 20-60 meters. Miskito basin is a pull apart basin that underwent a very complex evolution from Miocene to Recent age. Geothermal gradient are between 2.5 ºC and 3.5 ºC per 100 m. The top of early mature zone for hydrocarbon generation is generally less than 3,000m. Geochemical correlation between the oil tested in the Perlas-1 and Early Eocene sources sequences in the well indicates an effective and short range generation, migration and entrapment system. Cretaceous rocks are found imbedded in the Eocene sequences in Nica Ridge. This is probably a rock that has come up along the thrust plane. Upper Cretaceous source rocks are known from the Coco River, where black shales of the Guare Formation outcrops, and in the Northern Costa Rica where total organic values of up to 26% in the subsurface and 40% in outcrop are reported. Geochemical analyses of black shale in the Coco River showed Type II source with a potential for oil generation. In the Miskito Basin, Upper Cretaceous is expected to be buried at a depth of 3,000 meters and might be mature. Reef facies were not mapped from the old seismic due to poor quality data. The Fugro-Geoteam survey allows identification of hydrocarbon potential, such as carbonated facies and pinnacle reef mainly in deeper water. Pinnacles have good thickness and large structural closure. Reservoir characteristic may be improved by fracturing and diagenesis. There is a thick relatively undisturbed overburden securing a seal and also may indicate that reef facies can be within the oil window. Compression zone related to thrust faults and anticline parallel to the coast line giving ridges and basins with NNE-SSW orientation are also present. A new regional seismic data will give more detail about this gigantic prospect. Evaluation of fracture porosity is also needed to identify the seal. Annex 41 427 Petroleum Promotional Folder of Nicaragua, MEM. 26 Pinnacle with good thickness and large structural closure Pinnacle with good thickness and large structural closure Annex 41 428 Petroleum Promotional Folder of Nicaragua, MEM. 27 In South area clastics reservoir such sandstone with 20% of porosity, 300 m thick at Centeno-1 well were indentified. An asymmetrical tilted graben unfilled by Oligocene-Miocene to Recent sediments is present between Chiripa Fault and San Juan High 5. OIL INFRASTRUCTURE Airports: Nicaragua has one international airport located in Managua. There are also some domestic airports connecting the capital with main localities in the Atlantic Coast: Puerto Cabeza, Bluefield and Corn Island. Ports: The main ports in the Pacific coast of Nicaragua are Puerto Corinto and Puerto Sandino, and in the Atlantic coast are El Bluff and Puerto Cabeza. Roads: The Panamericana Road crosses the country in nearly 385 kilometers. Refinery: Nicaragua has one refinery in Managua with a daily installed capacity of 20,000 barrels. Oil products consumption is up to 26,700 barrels per day. 6. REFERENCES Anderson, T.H., and Schmidt, V.A." The evolution of Middle America and the Gulf of Mexico-Caribbean Sea region during Mesozoic time," Geol. Soc. America Bull., Vol.94, 1983, pp. 941-966. Baca Reyna D., Espinoza,, Chevez C. Barboza G., Reinterpretación Sísmica del área Diriangén, Cuenca Miskito, Margen Caribe, INE,1994. Barboza G., Astorga A., Bottazzi G. Barrientos J., Muñoz A., Darce M., Duarte M., and Espinoza M., "Integrated petroleum evaluation report, Pacific margin, Sandino Basin, Nicaragua," INE, 1993, internal report, 195 pp. BEICIP, Petroleum potential of the Caribbean Margin of Nicaragua, 1987. Can Ocean Resources Ltd, The Nicaraguan Hydrocarbon Study, 1980. Dengo, G., "Middle-America tectonic setting for the Pacific margin from southern Mexico to northwestern Colombia," in Nairn, A.E.M., and Stehli, F.G., eds., "The ocean basins and margins," Vol. 7, 1983 pp. 123-180. Duarte M., Geological Field Guide of the Pacific Coast, INE, 1998. Horne, G.S., Clark G.S., and Pushkar, P., "Pre-Cretaceous rocks of northwestern Honduras: Basement terrain in Sierra de Omoa," AAPG Bull., Vol.55, 1976, 99.2,116-39. Investigations on the Petroleum systems of the Sandino Forearc Basin (WNicaragua), Strub, I, Cramer, B. Winsemann, J. , February 2006. Martínez Tiffer E., Eventov, L., and Chilingarian, G., "A review of petroleum potential of the Caribbean Margin of Nicaragua," Journal of Petroleum Science and Engineering, April 1991, pp. 337-350. Muñoz, A., Baca, Reyna D., Artíles, V., Duarte, M., and Barboza, G., "Petroleum geology of the Caribbean margin," The Leading Edge, 1997. Annex 41 429 Petroleum Promotional Folder of Nicaragua, MEM. 28 RECOPE-INE, Integrated Petroleum Evaluation Report, Pacific Margin, Sandino Basin, Nicaragua, 1993. Ruffin, H. James., "Source rock characteristics on the Siuna outcrop sample, Caribbean side, Nicaragua," National Petrographic Service Inc., 1999.5.p. Sundblad, K., Cumming, G.L., and Krstic D., "Lead isotope evidence for the formation of epithermal gold quartz veins in the Chortis Block, Nicaragua," Economic Geology, Vol. 86, 1991, pp. 944-959. The geochemical facies analysis in Nicaragua Rise are with special empathies on hydrocarbon source rock potential in the Caribbean Margin of Nicaragua, JGI, IN. April 2003. Wadge, G., and Burke K., "Neogene Caribbean rotation and associated Central America tectonic," Vol.2, 1983, pp 633-643. Annex 41 430 Petroleum Promotional Folder of Nicaragua, MEM. 29 2. AREAS FOR EXPLORATION AND EXPLOITATION OF HYDROCARBON The Ministry of Energy and Mines (MEM) is in charge of the promotion of hydrocarbon exploration and exploitation in the national territory, in accordance with the Law 286 “Special Law for Exploration and Exploitation of Hydrocarbons” and its Regulation, Decree No. 43-98, both published in 1998. A total area of 102,004.00 km2 is available for hydrocarbon exploration. The area is located in both offshore Caribbean and offshore Pacific Margins of the Nicaraguan continental platform. Pacific Offshore: 33,515 km2 Caribbean Offshore: 68,489 km2 Areas were defined according to procedures used by the international petroleum industry based on a delimitation system given by latitudes and longitudes defined in grades, minutes and seconds. At the same time, the area is divided into rectangular blocks of 10’x10’ oriented from North to South and East to West. Each block has been identified by a special code to ease its selection and identification on the map. Areas for exploration are located within the following geographic coordinates: Caribbean Margin of Nicaragua: Between Parallels 10º56’00¨ and 15º54’00¨ N Between Meridians 80º40’00¨ and 83º43’00¨ W Pacific Margin of Nicaragua: Between Parallels 10º30’00¨ and 13º05’00¨ N Between Meridians 85º49’ 00¨and 89º00’00¨W Annex 41 431 Petroleum Promotional Folder of Nicaragua, MEM. 30 3.MAP OF AVAILABLE AREAS FOR HYDROCARBON EXPLORATION AND EXPLOITATION IN NICARAGUA Annex 41 432 Annex 41 433 Petroleum Promotional Folder of Nicaragua, MEM. 32 4. SUMMARY OF LEGAL AND FISCAL TERMS FOR EXPLORATION AND EXPLOITATION OF HYDROCARBONS 1. Governing Law: Special Law No. 286 effective 12 June 1998 Regulation to the Law Technical and Safety Norms Technical and Environmental Norms Law No. 612 effective 29 January 2007 2. Competent Authority: Ministry of Energy and Mines (MEM) 3. Reconnaissance Permit: Non-exclusive authorization awarded by MEM to conduct reconnaissance studies to seek hydrocarbon for period up to one year. Permit gives no priority right to a contract. 4. Type of Contract: Petroleum Concession Contract. 5. How to obtain Contract: Bidding Round Direct Negotiation 6. Signatories to Contract: President of the Republic of Nicaragua or his delegate and the contractor. 7. Effective Date of the contract: Date of signature. 8. Legal Pre-requisites to contracting: Applicant should submit a prequalification format to MEM. Annex 41 434 Petroleum Promotional Folder of Nicaragua, MEM. 33 Non-Nicaraguan entity needs to register a branch in Nicaragua and appoint a resident agent for legal purposes. 9. Area: The maximum area per Contract Area is up to 4,000 km2 (400,000 hectares) composed of contiguous 10 minutes by 10 minutes “blocks” from grid, joined at least one point. Blocks are subdivided into 2 minutes by 2 minutes “lots” for purposes of selecting discovery areas and making relinquishments. 10. Contract Duration: Exploration: 6 years from Effective Date (divided into sub-phases specified in contract) plus possible 1 year extension to complete well in progress or discovery appraisal. Exploitation: 30 years from Effective Date plus portion of Gas Retention Period actually used plus one 5 year extension of right. Retention Period for Natural Gas Market Development: Up to 10 years. 11. Area Relinquishment: During Exploration Period: As agreed in contract. At end of Exploration Period: All lots not encompassing Commercial Discoveries or Natural Gas Retention Areas. Voluntary: At discretion of Contractor. 12. Minimum Exploration Obligations: Environmental Impact Study previous to the petroleum operations in order to obtain the Environmental Permit. Accomplishment of the Minimum Exploration Program, as agreed in Contract. 13. Guarantees: Bank guarantee for estimated value of minimum work obligation posted at beginning of each sub-phase and subject to periodic reduction as work performed. Parent company undertaking to provide technical and financial support of Contractor to comply with Contract. 14. Commercial Discovery: Annex 41 435 Petroleum Promotional Folder of Nicaragua, MEM. 34 Contractor’s decision. 15. Entitlement of Production: Under Concession Contract: Contractor receives 100% of fiscalized production, which may be disposed freely subject only to internal market supply possibility under 18 below. 16. Natural Gas: Contractor has the right to retain a natural gas discovery for up to 10 years for development markets. 17. Pipelines and Storage: Right under contract to construct and operate pipelines and storage up to Point of Export or First Sale in Nicaragua. Right on open access basis to use excess capacity in pipelines and storage facilities owned and operated by other producers, subject to payment of nondiscriminatory tariff. Open access does not apply to gathering lines and facilities before the Fiscalization Point. 18. Fiscal Package: a) Area Fees: (payable annually with respect to all Contract Areas) Contract years 1-3 US$ 0.05 per hectare Contract years 4-7 US$ 0.10 per hectare Contract year 8 onwards US$ 0.15 per hectare Rates to be adjusted annually to reflect changes in US Consumer Price Index and are subject to revision by MEM every 2 years. b) Royalty (applicable only to concession contracts) Rates for Liquid Hydrocarbons determined on basis of the ratio of cumulative income from Contract Area to cumulative costs attributable to the Contract Area. Rates to be fixed in each license contract subject to following minimums established in the Law: Annex 41 436 Petroleum Promotional Folder of Nicaragua, MEM. 35 For Liquid Hydrocarbons Value of “R” Factor Royalty Rate (%) From 0 to less than 1.0 2.5 From 1.0 to less than 1.5 5.0 From 1.5 to less than 2.0 7.5 From 2.0 to less than 3.0 10.0 From 3.0 to less than 4.0 12.5 4.0 onwards 15.0 For Natural Gas: 5% c) Income Tax: All contractors are subject to an applicable corporate income tax of 30%. d) Special Incentives: Custom exemption for exploration and first 4 years after a Commercial Discovery is declared. Exemption from all other national or municipal taxes Guarantee of fiscal stability Taxpayer may consolidate all activities in Nicaragua for income tax calculations 19. Financial Rights: U. S. Dollar accounting Right to receive and retain abroad sales proceeds Right to maintain bank accounts abroad in Nicaragua 20. Valuation of Production International market value netted back to Fiscalization Point. 21. Internal Market Supply: Contractor shall sell at export parity of U.S. Dollars up to his prorate share of petroleum required to satisfy internal market requirements, if requested by MEM. 22 Dispute Resolution: As agreed in the Contract. Annex 41 437 Petroleum Promotional Folder of Nicaragua, MEM. 36 5. APPLICATION FOR QUALIFICATION AS EXPLORATION AND EXPLOITATION CONTRACTOR. Annex 41 438 Petroleum Promotional Folder of Nicaragua, MEM. 37 APPLICATION FOR QUALIFICATION AS EXPLORATION AND PRODUCTION CONTRACTOR 1. INDIVIDUAL: Name: Nationality: Address: Telephone No.: Fax No.: E-mail address: 2. LEGAL ENTITY: Name of Entity: Type of Entity: Place and Date of Incorporation/Creation: Purpose of the Company: Name of the Parent Company/Partners: Address of the Parent Company/Partners 3. ADDRESS FOR RECEIPT OF OFFICIAL NOTIFICATIONS REGARDING APPLICATION: Address: P.O. Box: Telephone No.: Fax No.: E-mail Address: Annex 41 439 Petroleum Promotional Folder of Nicaragua, MEM. 38 APPLICATION FOR QUALIFICATION AS EXPLORATION AND PRODUCTION CONTRACTOR 4. APPLICANT Name: _________________________________ Signature: _________________________________ Date: __________________________________ Annex 41 440 Petroleum Promotional Folder of Nicaragua, MEM. 39 ATTACHMENT THAT MUST BE SUBMITTED WITH APPLICATION LEGAL ASPECTS: 1. Copy of Article of Incorporation, Charter, by-laws, partnership agreement, etc. For a foreign applicant all documents must be authenticated by Nicaraguan Consul in the country where the original document was issued. 2. Copy of the legal authority of person signing the application of behalf on the Applicant. 3. Declaration, signed before notary, certifying that, to the date of the application, the applicant has not declared bankruptcy or sought similar protection from its creditors, does not have any legal obstacle to enter into a Contract with the State of Nicaragua and knows of no legal obstacle of any nature that could adversely affect the ability of the Applicant to perform any Contract that it may enter into with the State of Nicaragua for petroleum exploration and production. FINANCIAL ASPECTS: 1. Audited financial statements for the last three (3) years of the Applicant or its Parent Company as applicable. 2. Copy of the latest three (3) annual reports issued by the Applicant or its parent company, as applicable. 3. In case where annual reports were not issued, the Applicant shall provide the follow information of the latest three (3) years: a. Details (sources, amounts, etc.) of anticipated sources of funds available to invest in petroleum exploration and production activities in Nicaragua over next five years. b. Total assets and net worth of Applicant or its Parent Company, as applicable. c. Total investments made by the Applicant or its Parent Company, as applicable, in the petroleum sector indicating the type of activity (exploration, exploitation, transportation, commercialization, etc) and the country in which they were carried out. Annex 41 441 Petroleum Promotional Folder of Nicaragua, MEM. 40 ATTACHMENT THAT MUST BE SUBMITTED WITH APPLICATION TECHNICAL ASPECTS: 1. Detailed information showing the experience of the Applicant or its Parent Company, as applicable, in petroleum exploration and production projects during the past ten (10) years. 2. Number of wells drilled and hydrocarbon discoveries made (country, location, years, etc.) during past ten (10) years. 3. System and capacity available for the hydrocarbons transport. 4. Gross production entitlement (in b/d and MSCFD) of Applicant or its Parent Company, where applicable, from each project it participates at the time of the Application. 5. List of countries and projects (specifying whether onshore or offshore) in which Applicant or its Parent Company, as applicable, has participated in petroleum exploration and production during the past ten (10) years as operator or nonoperator. 6. List and curriculum of the most important professionals and technicians that could be made available by the Applicant or its Parent Company to work on projects in which Applicant may hold an interest in Nicaragua. 7. List and details of environmental conservation and preservation projects in which the Applicant or its Parent Company, as applicable, has participated during past five (5) years. NOTES: The undersigned applicant hereby applies for qualification pursuant to chapter IV of Decree No.43-98, Regulation to the Special Law for Exploration and Production of Hydrocarbons. For a foreign applicant all legal documents must be authenticated by Nicaraguan Consul in country where the original document was issued. Only complete application will be accepted. When the application is submitted by the representative regarding technical and financial capacities should be from the head office. Annex 41 442 Petroleum Promotional Folder of Nicaragua, MEM. 41 6. DATA PACKAGE AVAILABLE The Ministry of Energy and Mines (MEM) offers to the Oil International Industry two data packages and evaluation reports in digital format of the Caribbean and the Pacific Coasts of Nicaragua. The data packages contain the following information: Caribbean Data Package: 3,095 km of 2D seismic acquired by Fugro-Geoteam in 1999. 7,212 km of 2D seismic reprocessed by Fugro-Geoteam in 2000. Geochemical Interpretation Report, JGI, 2004. Hydrocarbon Potential Report, BEICIP 1987 Log Curves from 22 wells drilled from 1966 to 1978. Pacific Data Package: 3,072 km of 2D Seismic Data acquired by Oceanic in 1973 1,360 km of 2D Seismic Data acquired by Statoil in 1989 4,620 km 2D Seismic acquired by University of Texas, 2004. 430 km of 2D Seismic acquired by Grant Geophysical, Pacific Onshore, 2005. Log Curves and Test Report of Corvina-2 well. Test Report of four wells drilled from 1969 to 1974.. Log Curves and Final Report from three wells drilled from 2006 to 2008 and located in Pacific Onshore. Nicaragua Sandino Basin Seismic Interpretation Report conducted by INESTATOIL, 1990-1991. Integrated Petroleum Evaluation Report, Sandino Basin, INE-RECOPE, 1993. Structural and Stratigraphic Evaluation of Tertiary Sequences in Onshore Sandino Basin Report, 2004. Investigation on the Petroleum System of the Sandino Basin Report, University of Germany, 2006. Annex 41 443 Petroleum Promotional Folder of Nicaragua, MEM. 42 7. DATA PACKAGES ACQUISITION PROCEDURES Interested companies shall forward data request to: Dirección General Hidrocarburos Ministerio de Energía y Minas (MEM Email: [email protected] Managua, Nicaragua Attention: Verónica Artiles Oil Development Director Purchaser shall pay data acquisition rights to MEM by bank transference: Corresponding Bank: Bank of America National Bank Tower 100 SW 2nd Street 13th Floor MIAMI, FLORIDA 33131- 2100 Atención: Fernando Rioja TEL (305) 533-2462 FAX (305) 533-2071 Account Number: 19018-41686 ABA: 026009593 SWIFT: BOFAUS3M Name of the Account: Ministerio de Energía y Minas/Hidrocarburos Banco de la Producción, S. A. Sucursal Ciudad Jardín Managua, Nicaragua SWIFT: BAPRNIMA Account Number: 100 20616984262 Upon payment reception, data will be delivered in ten (10) business days in CD to the address indicated by the purchaser. Annex 41 444 Petroleum Promotional Folder of Nicaragua, MEM. 43 8. DATA PACKAGE CONTENT CARIBBEAN MARGIN 2D SEISMIC DATA (SEG-Y Format) SURVEY NAME YEAR SHOT FOR SHOT BY PROCESSED BY KMS. Buttes Resources Inc. 1977 Buttes Delta Seiscom Delta 1,729 Chevron Nicaragua 1966-1980 Chevron Western Western 3,951 Mobil Oil Co. 1968-1969 Mobil GS/Delta GSI/Mobil 4,383 Pure Oil Co. 1966 Western 833 Shell Oil Co. 1966-1970 Shell GSI GSI 6,270 Texaco Oil Co. 1974-1975 Texaco GSI 2,297 Union Oil Co. 1973-1977 Union Union Digicon 3,455 NCS99 2000 Fugro-Geoteam FugroGeoteam FugroGeoteam 3,095 NCSRE00 Reprocessed Data 2000 Fugro-Geoteam FugroGeoteam FugroGeoteam 7,200 Total 2D seismic line: 26,013 Km Annex 41 445 Petroleum Promotional Folder of Nicaragua, MEM. CARIBBEAN WELL DATA WELL NAME COMPANY COMPLETION DATE TOTAL DEPTH (METER) DATA DESCRIPTION Atlantico-1 Shell 1970 3,254 Centeno-1 Texaco 1978 3,020 Coco Marina-1 Union Oil 1969 3,048 Diriangen-1 Union Oil 1975 1,967 Escondido-1 Chevron 1970 2,451 Huani-1 Union 1974 3,577 Huani-2 Union 1977 1,816 Ledacura-1 Union 1978 3,792 Martínez-Reef- 1 Union 1968 3,690 Miskito-1 Occidental 1970 2,051 Miskito-2 Occidental 1977 1,967 Nasa Cay-1 Chevron 1975 2,752 Nica-1 Mobil/Esso 1971 3,380 Annex 41 446 Petroleum Promotional Folder of Nicaragua, MEM. Perlas-1 Shell 1969 3,811 Final Well Resume, Perlas 1, Compañia Shell de Exploration Nicaragua Ltd, 1969. (Petrophysical evaluation, geology, DST in four interval). (Petrophysical evaluation, geology of the Well W.O.Gigon and Van Auuren, Comparison with Perlas-1) Perlas-2 Shell 1970 3,795 Perlas-3 Shell 1970 3,803 Final Well Resume, appraisal Well Perlas-3, Compañia Shell de Exploration Nicaragua Ltd, 1971. Petrophysical evaluation, geology of the Well W.O.Gigon and Van Auuren, Comparison with Perlas-1 Prinzapolka-1 Chevron 1970 2,251 Punta Gorda-1 2.053 Rama-1 Shell 1970 2,210 Tinkham-1 Mobil 1971 1,995 Toro Cay-1 Chevron 1970 2,293 Touche-1 4,420 Tuapi-1 Union 1978 3,923 Twara-1 Gulf Oil 1947/1948 1,911 Tyra-1 Mobil 1971 2,646 Zelaya-1 Chevron 1968 2,741 Annex 41 447 Petroleum Promotional Folder of Nicaragua, MEM. 46 CARIBBEAN REPORTS 1. Petroleum Potential of the Caribbean Margin of Nicaragua (Beicip Report): Petroleum Potential of the Caribbean Margin of Nicaragua, Beicip/Petronic, 1987 Main Text . Petroleum Potential of the Caribbean Margin of Nicaragua, Appendixes. Appendix A, Geochemical Analyses Appendix B, Geophysics Appendix C, Biostratigraphy List of Enclosures Seismic Location Maps Time contour Maps Biostratigraphical Chart Atlas: 1. Hydrocarbon Potential per area 2. Time contour map. Oligo-Miocene to Recent 3. Time contour map at the basement level (horizon HO5) 4. Structural Cross-sections (Huani-1, Miskito-1, Diriangén-1, Twara-1, Toro Cay-1, Nasa Cay-1) 5. Structural Cross-sections ( Escondido-1, Prinzapolka-1, Tinkham-1, Perlas-1 ) 6. Lithostratigraphical well correlation (Coco Marina-1, Ledacura-1, Touche-1, Nasa Cay-1, Zelaya) 7. Lithostratigraphical well correlation (Twara-1, Punta gorda-1, Toro Cay-1, Nasa Cay-1, Martinez Reef-1, Diriangén-1, Tuapì-1, Huanì-1, Huanì -2, Miskito-1, Miskito-2) 8. Lithostratigraphical well correlation (Escondido -1, Prinzapolka-1, Atlantico-1, Tinkham-1) 9. Lithostratigraphical well correlations (Centeno-1, Nica-1, Perlas-2, Perlas-1, Perlas-3, Tyra-1, Atlantico-1, Rama-1) 10. Time interval contour with facies distribution Eocene Unit I 11. Time interval contour with facies distribution Eocene Unit II 12. Time interval contour with facies distribution Eocene Unit III 13. Time interval contour with facies distribution Eocene Unit IV+V 14. Time interval contour with facies distribution Eocene - Paleocene Unit I to V 15. Porosity distribution and Hydrocarbon occurrences in wells (Coco Marina-1, Ledacura-1, Touche-1, Nasa Cay-1, Zelaya- 1) Annex 41 448 Petroleum Promotional Folder of Nicaragua, MEM. 47 16. Porosity distribution and Hydrocarbon occurrences in wells (Twara-1, Punta Gorda-1, Toro Cay-1, Nasa Cay-1, Martinez Reef-1, Diriangén-1, Tuapì-1, Huanì-1, Huanì-2, Miskito-1, Miskito-2 ) 17. Porosity distribution and Hydrocarbon occurrences in wells (Escondido-1, Prinzapolka-1 , Atlantico-1, Tinkham-1) 18. Porosity distribution and Hydrocarbon occurrences in wells (Centeno-1, Perlas-2, Perlas-1, Perlas-3, Tyra-1, Atlantico-1, Rama-1) 19. Hydrocarbons Shows in the Oligo-Miocene sequence. 20. Hydrocarbons Shows in the Eocene sequence. 21. Geochemical correlation section 22. Tentative maturity map 23. Quality Map Note: Maps are available in shape files format, profile and wells correlation are available in PDF format. 2. Geochemical Facies Analysis in the Nicaraguan Caribbean Rise Area with special emphasis on hydrocarbon source rock potential. JGI, Inc., 2004. 3. Reinterpretación Sísmica del Área Diriangén–Cuenca Miskito, INE, 1990. Annex 41 449 Petroleum Promotional Folder of Nicaragua, MEM. 48 PACIFIC MARGIN 2D SEISMIC DATA (SEG-Y format) SURVEY NAME YEAR SHOT FOR SHOT BY PROCESSED BY KMS. Nica-73 1973 Oceanic Western Geco 7,173 ST-8910 1989 Statoil/INE Western Digicon UK 1,360 NS 2004 Univ. of Texas 4,620 OKL 2005-2006 Grant Geophysical Norwood 430 Total 2D Seismic Lines: 13,583 Km Annex 41 450 PACIFIC WELL DATA Petroleum Promotional Folder of Nicaragua, MEM. WELL NAME COMPANY COMPLETION DATE TOTAL DEPTH (METER) DATA Description Ostional-1 The Super Oil Co. 1969 2300 Core Analysis Results, El Ostional-1, The Superior Oil Company, 1969. Ditch Cutting Lithological Description, El Ostional-1, Nicaragua Supco, 1969. Paleontological report, El Ostional-1, Anderson and Nicholeris, 1969. Geological Sample Summary, El Ostional-1, Nicaragua Supco, 1969. Rivas-1 The Superior Oil Co. 1969 1800 Petrographic Examination of ditch samples and Paleontological Report, Rivas-1 well, 1969. Argonauta-1 Esso Nicaragua Inc. 1967 1500 Geological Summary Argonauta-1 well, Esso Nicaragua Inc. 1967. Operation Summary, Argonauta-1 well, 1967. Weekly Geologic Report, Argonauta-1 well, 1967. Corvina-1 El Paso Nicaragua Inc. 1974 1376 Palynology and geochemical report Annex 41 451 Petroleum Promotional Folder of Nicaragua, MEM. Corvina-2 El Paso Nicaragua Inc. 1974 3600 Log Curves. Final Well Report, Corvina-2, El Paso Nicaragua Company Well Testing Report, Corvina-2, FLOPETROL, 1974. X-Ray Mineralogy of drill cutting, Amoco International Oil Company Corvina-2,1975. Palinology Analysis, Amoco Production Company, Corvina-2, 1975. Foraminiferal Analysis, Amoco Production Company, Corvina-2, 1975. Age Dating Analysis, Amoco Production Company, Corvina-2, 1975. Nannoplankton Analysis, Amoco Production Company, Corvina-2, 1975. Petrography Analysis, Amoco Production Company, Corvina-2, 1975. Source Rock Evaluation, Amoco Production Company, Corvina-2, 1975. Log Evaluation, Corvina-2, 1974. Biostratigraphy Analysis, International Biostratigraphers Incorporated, Corvina-2,1974. San BartoloRodriguez Cano-1 Brown Associates Inc. 2006-2007 2671 Log Curves Geological and Petrographic Analysis, Core Laboratories, San Bartolo well, 2008. Final well report, San Bartolo well, 2008. Formation Damage Potential, Core Laboratories, San Bartolo well, 2008. DST Test from sidetrack wells, San Bartolo well, 2010. Final Sidetrack wells Report, San Bartolo well, 2010 Annex 41 452 Petroleum Promotional Folder of Nicaragua, MEM. Las MesasGutiérrez Mendez- 1 Poza Rica 2007 3011 Log Curves Geological and Petrographic Analysis, Core Laboratories, Las Mesa-1 well, 2007. Final well report, Las Mesa-1 well, 2007. Maderas Negras Norwood 2008 1950 Log Curves Conventional Plug Analysis, Maderas Negras Cruz-1 well, 2008. Final well report, Maderas Negras Cruz-1 well, 2008. Annex 41 453 Petroleum Promotional Folder of Nicaragua, MEM. 52 PACIFIC REPORTS 1. Nicaragua, Sandino Basin Seismic Interpretation Report, INE/STATOIL, 1990. Appendices: I Structural Elements Map, Sandino Basin North II Structural Elements Map, Sandino Basin South III Time map Base Pliocene, Sandino – North IV Time map Base Middle Miocene, Sandino – North V Time map Intra Lower Miocene, Sandino – North VI Time map Base Middle Eocene, Sandino – North VII Time map Top Basement, Sandino – North VIII Time map Base Pliocene, Sandino – South IX Time map Intra Lower Miocene, Sandino – South X Time map Top Basement, Sandino – South XI Depth map Intra Middle Miocene, Sandino Basin XII Depth map Top Basement, Sandino Basin XIII Synthetic seismogram well Corvina – 2 XIV Bouguer anomalies map, Sandino Basin – North XV Bouguer anomalies map, Sandino Basin – South XVI Geochemical study on three samples from well Corvina – 2 XVII Summary report on acquisition and processing XVIII Water depth map, Sandino - North XIX Water depth map, Sandino - South XX Composite log well Corvina – 2 XXI Compressed seismic line ST8910 – 202 XXII Compressed seismic line ST8910 – 205 XXIII Compressed seismic line ST8910 – 209 XXIV Compressed seismic line ST8910 – 215 XXV Compressed seismic line ST8910 – 402 Note: Maps are available in shape files format and composite log and compressed seismic line are available in PDF format 2. Investigations on the Petroleum System of The Sandino Forearc Basin (Western Nicaragua), Struß, I., Cramer, B., Winsemann, J., Feb. 2006. 3. Integrated Petroleum Evaluation Report, Sandino Basin, INE-RECOPE, 1993. 4. Structural and Stratigraphic Evaluation of Tertiary Sequences in Onshore Sandino Basin Report, Fronterra, 2004. Annex 41 454 Petroleum Promotional Folder of Nicaragua, MEM. 53 PACIFIC AND CARIBBEAN REPORTS: 1. Geología y Potencial Petrolífero y Gasífero de Nicaragua, Consultoría Rusa, 1986 2. The Nicaraguan Hydrocarbon Study, Geology and Hydrocarbon Potential, Can Ocean Resources, 1980 ( Main Text). 9. GEOCHEMICAL RESULTS IN THE PACIFIC AND CARIBBEAN COAST: Geochemical and Basin Model of the Sandino Basin, University of Hannover, 2003-2006, Pacific Margin: The main subject of this study is the evaluation of the source rock and modeling the migration and generation of the potential in the basin using 65 samples well from Corvina-2. Results indicate two source rocks from the Middle Eocene to Lower Oligocene sediments of Brito Formation, as from the Upper Oligocene to Lower Miocene of Masachapa Formation. The model indicates that the maximum petroleum generation occurred at the maximum subsidence in the Late Eocene, Late Oligocene and Plio-Pleistocene, and associated high sedimentation rates. Results and conclusions of the study: The main results of the geochemical organic analysis of 65 samples of Corvina-2 well mainly sandstones, argillite and limonite were: 1. Identification of two different source rocks. i. Black shale of Loma Chumico, a source rock with good quality, Late to Early Cretaceous age. Kerogen type I, II and probably III. TOC value from 4.4 to 54.8%. ii. Black shale of Brito Formation from Middle Eocene age. TOC value from 0.29-0.95% with kerogen type II. 2. Petroleum migration in the basin Annex 41 455 Petroleum Promotional Folder of Nicaragua, MEM. 54 The first petroleum migration occurred from Loma Chumico in the Late Eocene, as well as in the Late Oligocene. Oil and gas from Loma Chumico still migrates and up dips to the southwest, as well as along faults in the anticline area of the Argonauta-1 well. The first oil expelling in the Brito Formation occurred in the Early Miocene. The model indicates that Masachapa Formation is still expelling hydrocarbons. Modeling proves Brito and Masachapa can be considered as productive source rock in the deeper part of the basin. Argonauta-1 and Corvina-2 wells gave evidences of an over pressured environment. High pressure can be related to shale diapirism in the Argonauta area. Main conductivity phases of faults are expected to occur during Late Eocene to Late Oligocene and Early Miocene. Summary of Geochemical facies analysis in Nicaragua Rise, Caribbean Margin, by JGI . April. 2003 : Source rock in the Caribbean Margin is regarded to argillaceous limestone, carbonaceous shales and coal shales from Eocene sections in the deepest parts of the basin. Source rocks are mixtures of types II and III, and types II and IV. Oil generation from source rock occurred since 50 Ma ago and gas generation from 42 Ma ago. Initial expulsions from source rock might have begun from 46 Ma ago for oil and since 42 Ma ago for gas. In the Diriangén Basin, gas seems to be the main product. Amount of expelled gas is about 400 BCF/km2 , while expelled oil is about 11.5 MMbbl/km2 . In Verolania Basin, the amount of expelled gas is 1,200 BCF/KM2 and 50 MMbbl/km2 of oil. In Quita Sueño Tuapi-Basin, the amount of gas expelled is 400 BCF/KM2 and 150 MMbbl/km2 of oil. Presently, the top of the oil window in the basin is about 3,000 to 3,500 m deep and kerogen type is a mixture of II and III types and also a mixture of II and IV types. Thickness of the source rock varies from 400m to 700m or more. Facies A has a high genetic potential of 500 mgH/gTOC, facies B has a genetic potential of 350 mgH/gTOC and facies C has a poor genetic potential of 200 mgH/gTOC. Annex 41 456 Petroleum Promotional Folder of Nicaragua, MEM. 55 Geochemical facies distribution Edited by: MINISTERIO DE ENERGÍA Y MINAS (MEM) DIRECCIÓN GENERAL DE HIDROCARBUROS Del Portón del Hospital Bautista 1 c. Oeste, 125 vrs. al Norte. P.O Box: CJ-159. Managua, Nicaragua Attn: Verónica Artiles Directora Desarrollo Petrolero Telefax: (505) 22788619 Teléfono: (505) 22788592 Email: [email protected] Annex 41 457 ANNEX 42 General Information for those interested in obtaining the qualification as contractor for hydrocarbon Exploration and/or surface reconnaissance permit. Source: Ministry of Energy and Mines of Nicaragua, 2012. English translation and Spanish original. 458 459 Translation into English GENERAL INFORMATION FOR THOSE INTERESTED IN OBTAINING THE QUALIFICATION AS CONTRACTOR FOR HYDROCARBON EXPLORATION AND/OR SURFACE RECONNAISSANCE PERMIT GENERAL INFORMATION: Activities related to the exploration and exploitation of hydrocarbons in Nicaragua corresponds to the Ministry of Energy and Mines (MEM), in accordance with Law 612 - Law of Organization, Competence and Procedures of the Executive Branch, of 11 January 2007. In turn, these activities are governed by: Law 286 “Special law on exploration and exploitation of hydrocarbons” enacted on 11 June 1998. By-laws of the Law 286, Decree No. 43-98, of 17 June 1998. National and International, technical and environmental regulations Areas available for exploration: 104,122 square kilometres (km2) located in the offshore area in the Caribbean and Pacific of Nicaragua are available for hydrocarbons exploration: Onshore Pacific: 2,118 km2 Offshore Pacific: 33,515 km2 Offshore Caribbean: 68,489 km2 The blocks available for exploration are rectangular and are in the direction North to South and East to West. Each block is identified by a special code to facilitate its identification. Annex 42 460 2 Location of the areas: The areas available for hydrocarbon exploration are located within the following geographic coordinates: Nicaragua’s Caribbean side: Between Parallels 10°56’00" and 15°46’00" N Between Meridians 80°40’00" and 83°42’00" W Nicaragua’s Pacific side: Between Parallels 10°30’00" and 13°00’00" N Between Meridians 85°50’00" and 89°00’00"W Type of contract: The activities of exploration and exploitation of hydrocarbons may be carried out under the following contractual arrangements: a. Concession contract b. Production-sharing agreement c. Any other contractual modality used by the oil industry. The contractual model currently used, as of the First Round of Oil Bidding, is the concession contract. Annex 42 461 3 The MEM, with the approval of the Presidency of the Republic, may negotiate a contract through: Tenders in previously delimited and published areas Direct Negotiation, in accordance with the provisions of the law on this matter Contract area: The maximum surface per contract area is 400,000 hectares (4,000 square kilometres), divided into adjoining blocks and at least at one point. Period of exploration, development and exploitation: The exploration period shall not exceed six (6) years from the date when the contract enters into effect, and it can be divided into several sub-periods, as agreed in the contract. The exploration phase shall be one (1) year to complete the drilling of exploratory wells in process or evaluation and valuation tests required. The development and exploitation phases can only begin when the contractor has declared a commercial discovery of hydrocarbons. The term of the contract is thirty (30) years from the signing date. CONTRACTOR QUALIFICATION To begin direct negotiations or participate in a tender to sign a Contract for Exploration and Exploitation of Hydrocarbons, under any of the modalities contemplated in the oil legislation, any interested party must obtain previous qualification. The qualification of legal entities considered affiliates or subsidiaries may be performed either in their own capacity or that of their Parent Company. All those interested in obtaining the qualification of oil exploration contractor must submit their application in writing to the General Directorate of Hydrocarbons of the MEM, filling out the qualification form, which must include at least the following information: Annex 42 462 4 Legal capacity: 1. Full name and general legal information of the applicant, including nationality and capacity in which it is acting. 2. Name of the company that it represents, legal background of its incorporation, legal nature and nationality of the partnership or corporation, for which supporting documentation must be attached. The documentation for foreign companies must be authenticated. If the company requesting the qualification is a subsidiary or affiliate, the name and address of its Parent Company must be indicated, as well as the exact address in the city of Managua to receive notifications, in all cases. 3. Declaration by an authorised representative of the company certifying that as of the date of its application the applicant is not in bankruptcy or similar circumstances, does not have any legal impediment to enter into agreement with the Government of Nicaragua or any other impediment of any other nature which may affect their future contractual obligations. Financial capacity: 1. Annual reports of the last three (3) years issued by the applicant. 2. If annual reports are not delivered, the applicant must submit: 2.1 Expected sources of funds available to invest in Nicaragua. 2.2 Total assets at the end of each period. 2.3 Total investments accumulated at the end of each period, indicating the country in which they were made. 2.4 Classification of the investments into exploration, exploitation, transportation, commercialisation and any other petroleum activity. 3. Financial statements audited by renowned firms for each of the three periods. 4. Any other information that supports the financial capacity of the applicant which it considers relevant. Technical capacity: 1. Information that demonstrates its experience in the field of petroleum exploration and exploitation during the last ten (10) years, indicating the number of hydrocarbon discoveries made, percentage of success obtained, systems and transport capacity, and any other information that both the applicant and the MEM deem relevant. 2. List of countries and projects where the applicant has carried out hydrocarbon exploration or exploitation activities, including those in which it acted as operator. 3. List and curriculum vitae of the main professionals and technicians that will be directly employed by the applicant and who will be in charge of the operations. 4. List of projects for the preservation and conservation of the environment in which the applicant has participated during the last five (5) years. Annex 42 463 5 The supporting documentation of the technical and financial capacity will only be admissible if it comes from the applicant’s Parent Company. Once the application is received, in the adequate manner, with the required information and properly documented, the General Directorate of Hydrocarbons will perform the corresponding evaluation and notify the applicant of the results within a period no greater than thirty (30) days. The qualification is granted through a Ministerial Decree and is valid for two (2) years from its date or until the completion of the negotiation of the contract in Nicaragua. The qualification application must be sent to the following address: MINISTERIO DE ENERGÍA Y MINAS (MEM) DIRECCIÓN GENERAL DE HIDROCARBUROS Del Portón del Hospital Bautista 1 c. Abajo, 1 cuadra al Norte. P.O. Box: CJ-159. Attn: Lorena Lanza Directora General de Hidrocarburos Managua, Nicaragua América Central. With a copy to the Department of Petroleum Development Attn: Verónica Artiles/Directora Desarrollo Petrolero SURFACE RECONNAISSANCE PERMIT The MEM may grant surface reconnaissance permits in areas not contracted for up to one (1) consecutive year under the terms and conditions set forth in the oil legislation. These permissions do not confer exclusivity nor grant any right to explore and exploit hydrocarbons. The goal of the reconnaissance permit is to search for hydrocarbons onshore and offshore through geological and geophysical studies, topographic, gravimetric, magnetic, seismic and geochemical surveys. Those interested in applying for a reconnaissance permit must submit their application to the General Directorate of Hydrocarbons of the MEM, including the following information: o Specific information on the identity, technical and financial capacity of the applicant o Limits of the requested block o Type of study to be performed, results and reports to be obtained Annex 42 464 6 o Timeline of execution of the works and the period required o Budget of expenses and investments The permit request must be sent to the following address: MINISTERIO DE ENERGÍA Y MINAS (MEM) DIRECCIÓN GENERAL DE HIDROCARBUROS Del Portón del Hospital Bautista 1 c. Abajo, 1cuadra al Norte. P.O. Box: CJ-159. Attn: Lorena Lanza Directora General de Hidrocarburos Managua, Nicaragua América Central. With a copy to the Department of Petroleum Development Attn: Verónica Artiles Directora Desarrollo Petrolero. The form to request a surface reconnaissance permit, contains or presents the requirements established in Law No. 286 and its regulations. MINISTERIO DE ENERGIA Y MINAS Main Offices: Del portón del Hospital Bautista 1 cuadra al Oeste, 1 cuadra al Norte. P.O. Box: CJ-159. Managua, Nicaragua. Telephone: (505) 2280-9500 Fax: (505)2251-0240. Webpage: www.mem.gob.ni Dirección General de Hidrocarburos: Rotonda Cristo Rey 100 metros al Este. Centro Comercial Lucila. Managua, Nicaragua. Telephone: (505) 22785630 Annex 42 465 MINISTERIO DE ENERGÍA Y MINAS Hospital Bautista 1c al Oeste 1c al Norte Teléfono: 22809500 web: www.mem.gob.ni INFORMACIÓN GENERAL PARA INTERESADOS EN ADQUIRIR CALIFICACIÓN COMO CONTRATISTA PARA EXPLORACIÓN DE HIDROCARBUROS Y/O PERMISO DE RECONOCIMIENTO SUPERFICIAL INFORMACIÓN GENERAL: Las actividades relacionadas con la exploración y explotación de hidrocarburos en Nicaragua le corresponden al Ministerio de Energía y Minas (MEM), de conformidad con la Ley 612 – Ley de Organización, Competencia y Procedimientos del Poder Ejecutivo promulgada el 11 de Enero del 2007. Estas actividades están regidas a su vez por: Ley 286 “Ley Especial de Exploración y Explotación de Hidrocarburos” promulgada el 11 de Junio de 1998. Reglamento a la Ley 286, Decreto No. 43-98, promulgado el 17 de Junio de 1998. Normativas Técnicas y Ambientales Nacionales e Internacionales Áreas Disponibles para Exploración: 104,122 kilómetros cuadrados (km2 ) ubicados en el área costafuera del Caribe y Pacífico de Nicaragua están disponibles para exploración de hidrocarburos: Pacifico Costadentro: 2,118 km2 Pacifico Costafuera: 33,515 km2 Caribe Costafuera: 68,489 km2 Los bloques disponibles para exploración son rectangulares y orientados de Norte a Sur y Este a Oeste. Cada bloque está identificado por un código especial para facilitar su identificación. Annex 42 466 MINISTERIO DE ENERGIA Y MINAS Cede Central: Del portón del Hospital Bautista 1 cuadra al Oeste, 1 cuadra al Norte. Apdo:CJ-159. Managua, Nicaragua. Teléfono: (505) 2280-9500 Fax: (505) 2251-0240. Página Web: www.mem.gob.ni Dirección General de Hidrocarburos: Rotonda Cristo Rey 100 metros al Este. Centro Comercial Lucila. Managua, Nicaragua. Telf.: (505) 22785630 2 Ubicación de las áreas: Las áreas disponibles para exploración de hidrocarburos se localizan dentro de las siguientes coordenadas geográficas: Margen Caribe de Nicaragua: Entre los Paralelos 10º56’00¨ y 15º46’00¨ N Entre los Meridianos 80º40’00¨ y 83º42’00¨ W Margen Pacífico de Nicaragua: Entre los Paralelos 10º30’00¨ y 13º00’00¨ N Entre los Meridianos 85º50’00¨ y 89º00’00¨W Tipo de Contrato: Las actividades de exploración y explotación de hidrocarburos podrán realizarse bajo las siguientes modalidades contractuales: a. Contrato de Concesión b. Contrato de Producción Compartida c. Cualquier otra modalidad contractual utilizada por la industria petrolera. El modelo contractual actualmente utilizado, a partir de la Primera Ronda de Licitación Petrolera, es el Contrato de Concesión. Annex 42 467 MINISTERIO DE ENERGIA Y MINAS Cede Central: Del portón del Hospital Bautista 1 cuadra al Oeste, 1 cuadra al Norte. Apdo:CJ-159. Managua, Nicaragua. Teléfono: (505) 2280-9500 Fax: (505) 2251-0240. Página Web: www.mem.gob.ni Dirección General de Hidrocarburos: Rotonda Cristo Rey 100 metros al Este. Centro Comercial Lucila. Managua, Nicaragua. Telf.: (505) 22785630 3 El MEM, con la aprobación de la Presidencia de la República, podrá negociar un contrato mediante: o Concurrencia de Ofertas en áreas previamente delimitadas y publicadas. o Negociación Directa, de conformidad a lo establecido en la ley de la materia. Área de Contrato: La superficie máxima por área de contrato es de 400.000 hectáreas (4.000 kilómetros cuadrados), dividida en bloques colindantes entre sí y al menos en un punto. Período de Exploración, Desarrollo y Explotación: La duración del período de exploración no excederá de seis (6) años a partir de la fecha de vigencia del contrato, pudiéndose dividir en varios sub-períodos, según se acuerde en el contrato. La fase de exploración podrá extenderse por un (1) año para completar las perforaciones de pozos exploratorios en proceso o por necesitarse pruebas de evaluación y valoración. Las fases de desarrollo y explotación solo podrán iniciar cuando el contratista haya declarado un descubrimiento comercial de hidrocarburos. La duración del contrato es de treinta (30) años a partir de la fecha de suscripción. CALIFICACIÓN PARA CONTRATISTA Para iniciar negociaciones directas o participar en un concurso de ofertas para la celebración de un Contrato de Exploración y Explotación de Hidrocarburos, bajo cualquiera de las modalidades previstas por la legislación petrolera, todo interesado debe estar previamente calificado. La calificación de las personas jurídicas que sean consideradas como filiales o subsidiarias, podrán ser calificadas en base a su propia capacidad o por las de su Casa Matriz o Corporación Originaria. Todo interesado en obtener calificación de contratista para exploración petrolera deberá formular su solicitud por escrito ante la Dirección General Hidrocarburos del MEM, llenando el formato para calificación, el cual deberá contener al menos la siguiente información: Annex 42 468 MINISTERIO DE ENERGIA Y MINAS Cede Central: Del portón del Hospital Bautista 1 cuadra al Oeste, 1 cuadra al Norte. Apdo:CJ-159. Managua, Nicaragua. Teléfono: (505) 2280-9500 Fax: (505) 2251-0240. Página Web: www.mem.gob.ni Dirección General de Hidrocarburos: Rotonda Cristo Rey 100 metros al Este. Centro Comercial Lucila. Managua, Nicaragua. Telf.: (505) 22785630 4 Capacidad Jurídica: 1. Nombre completo y generalidades de ley del solicitante, incluyendo nacionalidad y calidad en que actúa. 2. Nombre de la empresa que representa, antecedentes legales acerca de su constitución, naturaleza jurídica y nacionalidad de la sociedad o corporación para lo cual deberá anexarse la documentación probatoria. En caso de empresas extranjeras, la documentación deberá ser autenticada. Si la empresa a nombre de quien se solicita la calificación fuese subsidiaria o filial, deberá señalarse esta circunstancia indicando el nombre y domicilio de su Casa Matriz o Corporación Originaria y señalar, en todos los casos, la dirección exacta en la Ciudad de Managua para recibir notificaciones. 3. Declaración por un representante autorizado de la compañía por la que se certifica que a la fecha de su solicitud, el solicitante no se encuentra en quiebra o circunstancia similar, no tiene ningún impedimento legal para celebrar contrato con el Gobierno de Nicaragua, ni ningún otro impedimento de cualquier otra naturaleza que pueda afectar el cumplimiento de sus obligaciones contractuales futuras. Capacidad Financiera: 1. Memorias anuales de los últimos tres (3) años emitidas por el solicitante. 2. En caso no se entreguen memorias anuales, el solicitante deberá presentar: 2.1 Fuentes anticipadas de fondos disponibles para invertir en Nicaragua. 2.2 Activos totales al final de cada período. 2.3 Inversiones totales acumuladas al final de cada período indicando el país en que fueron efectuadas. 2.4 Clasificación de las inversiones en exploración, explotación, transporte, comercialización y cualquier otra actividad petrolera. 3. Estados financieros auditados por firmas de reconocido prestigio para cada uno de los tres períodos. 4. Cualquier otra información que respalde la capacidad financiera que el solicitante considere relevante. Annex 42 469 MINISTERIO DE ENERGIA Y MINAS Cede Central: Del portón del Hospital Bautista 1 cuadra al Oeste, 1 cuadra al Norte. Apdo:CJ-159. Managua, Nicaragua. Teléfono: (505) 2280-9500 Fax: (505) 2251-0240. Página Web: www.mem.gob.ni Dirección General de Hidrocarburos: Rotonda Cristo Rey 100 metros al Este. Centro Comercial Lucila. Managua, Nicaragua. Telf.: (505) 22785630 5 Capacidad Técnica: 1. Información que demuestre su experiencia en el campo de la exploración y explotación petrolera en los últimos diez (10) años, indicando el número de descubrimientos de hidrocarburos realizados, porcentaje de éxitos obtenidos, sistemas y capacidad de transporte que posea y cualquier otra información que tanto el solicitante como el MEM estimen pertinente. 2. Lista de países y proyectos donde el solicitante haya realizado actividades de exploración o explotación de hidrocarburos, incluyendo aquellos en los que ha actuado como operador. 3. Listado y currículo de los principales profesionales y técnicos que serán directamente empleados por el solicitante y que estarán a cargo de las operaciones. 4. Lista de proyectos de preservación y conservación del medio ambiente en los que el solicitante haya participado en los últimos cinco (5) años. El respaldo de la capacidad técnica y financiera solo será admisible si proviene de la Casa Matriz del solicitante. Una vez recibida la solicitud en debida forma y con toda la información requerida y debidamente documentada, la Dirección General Hidrocarburos realizará la correspondiente evaluación y notificará al solicitante sobre el resultado en un plazo no mayor de treinta (30) días. La calificación se otorga a través de una resolución ministerial y tendrá una validez de dos (2) años contados a partir de su fecha o hasta la terminación de la negociación del contrato en Nicaragua. La solicitud de calificación debe ser remitida a la siguiente dirección: MINISTERIO DE ENERGÍA Y MINAS (MEM) DIRECCIÓN GENERAL DE HIDROCARBUROS Del Portón del Hospital Bautista 1 c. Abajo, 1cuadra al Norte. P.O.Box: CJ-159. Atnn: Lorena Lanza Directora General de Hidrocarburos Managua, Nicaragua América Central. Con copia a la Dirección de Desarrollo Petrolero Attn: Verónica Artiles/Directora Desarrollo Petrolero Annex 42 470 MINISTERIO DE ENERGIA Y MINAS Cede Central: Del portón del Hospital Bautista 1 cuadra al Oeste, 1 cuadra al Norte. Apdo:CJ-159. Managua, Nicaragua. Teléfono: (505) 2280-9500 Fax: (505) 2251-0240. Página Web: www.mem.gob.ni Dirección General de Hidrocarburos: Rotonda Cristo Rey 100 metros al Este. Centro Comercial Lucila. Managua, Nicaragua. Telf.: (505) 22785630 6 PERMISO DE RECONOCIMIENTO SUPERFICIAL El MEM podrá otorgar permisos de reconocimiento en áreas no contratadas hasta por un (1) año consecutivo bajo los términos y condiciones establecidos en la legislación petrolera. Estos permisos no confieren exclusividad ni otorgan derecho alguno para explorar y explotar hidrocarburos. El objetivo del permiso de reconocimiento es la búsqueda de hidrocarburos en costadentro y en costafuera mediante estudios geológicos y geofísicos, levantamientos topográficos, gravimétricos, magnéticos, sísmicos y geoquímicos. Los interesados en solicitar un permiso de reconocimiento deberán presentar su solicitud ante la Dirección General Hidrocarburos del MEM conteniendo la siguiente información: o Particularidades sobre la identidad, capacidad técnica y financiera del solicitante. o Límites del bloque solicitado. o Tipo de estudio a realizar, resultados e informes a obtener. o Cronograma de ejecución de los trabajos y el plazo necesario. o Presupuesto de gastos e inversiones. La solicitud de permiso debe ser remitida a la siguiente dirección: MINISTERIO DE ENERGÍA Y MINAS (MEM) DIRECCIÓN GENERAL DE HIDROCARBUROS Del Portón del Hospital Bautista 1 c. Abajo, 1cuadra al Norte. P.O.Box: CJ-159. Atnn: Lorena Lanza Directora General de Hidrocarburos Managua, Nicaragua América Central. Con copia a la Dirección de Desarrollo Petrolero Attn: Verónica Artiles Directora Desarrollo Petrolero. El formato para solicitar un permiso de reconocimiento superficial, contiene o presenta los requisitos prescritos en la Ley No. 286 y su reglamento. Annex 42 471 ANNEX 43 Nicaragua, Executive Summary of Submission to the Commission on the Limits of the Continental Shelf pursuant to Article 76, paragraph 8, of the United Nations Convention on the Law of the Sea 1982, June 2013. Available at: http://www.un.org/depts/los/clcs_new/submissions_files/nic66_13/ Executive%20Summary.pdf 472 473 Part 1 Executive Summary THE REPUBLIC OF NICARAGUA Submission to the COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF pursuant to Article 76, paragraph 8 of the United Nations Convention on the Law of the Sea, 1982. May 2013 Part I: EXECUTIVE SUMMARY Part 1 Executive Summary JUNE 2013 Annex 43 474 Republic of Nicaragua Submission to the Commission on the Limits of the Continental Shelf EXECUTIVE SUMMARY i Continental Shelf Submission in respect of the Republic of Nicaragua Contents Part I. Executive Summary I. Introduction ............................................................................................................. 1 II. Disputes and Areas of Overlapping Interest ........................................................... 2 III. Provisions of Art 76 ................................................................................................ 2 IV. Commission members ............................................................................................. V. Organisations involved in the preparation of this submission ................................ VI. Description of the outer limit of the continental shelf in the region of the Western Caribbean ................................................................................................................ 3 Figure 1. Outer Limit of the continental shelf beyond 200M in the region of the western Caribbean ................................................................................................................ 4 Table 1 List of coordinates of fixed points (FP) defining the outer limit of the Continental Shelf. ...................................................................................................................... 5 3 3 Annex 43 475 I. Introduction 1. This submission to the Commission on the Limits of the Continental Shelf (Commission) is made by the Republic of Nicaragua (Nicaragua) pursuant to Article 76, paragraph 8 of the UN Convention on the Law of the Sea (Convention) and in support of the establishment of the outer limit of the continental shelf in the southwestern part of the Caribbean Sea. 2. The Republic of Nicaragua is a sovereign and democratic country located in Central America, with a multiethnic population of approximately 6 million people (2012). Z&% ?= :! $ &! $ &! :: Sea Its combined coastline is 910 kilometers in length. Known as the “Land of Lakes and Volcanoes”, Nicaragua is the largest country in Central America with a continental landmass of 130,373.40 Km2. The extensive Caribbean coast of Nicaragua holds the largest ethnic, cultural, linguistic, geographical and biological diversity, from internationally protected wetlands and forests in its continental territory to internationally protected marine areas :: Z &\ ! $ &$Q & ;&? &Z as exploration and exploitation of the natural resources consisting in mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary specie, are an important part of the economy in the Nicaraguan Caribbean region. Republic of Nicaragua Submission to the Commission on the Limits of the Continental Shelf EXECUTIVE SUMMARY 1 Nicaragua signed the Convention on 9 December 1984 and ratified the Convention on 3 May 2000. Pursuant to the provisions of paragraph 8 of article 76 of the Convention, article 4 of Annex II to the Convention and article 3 of Annex I to the Rules of Procedure of the Commission and the decision of the Meeting of States Parties to the Convention contained in SPLOS/183, Nicaragua submitted preliminary information indicative of the outer limits of the continental shelf beyond 200 nautical miles of Nicaragua in the south western part of the Caribbean Sea to the Secretary-General of the United Nations on 7 April 2010. In accordance with the decision contained in SPLOS/183 paragraph 1(a), by making that submission of preliminary information Nicaragua satisfied the ten-year time period referred to in article 4 of Annex II to the Convention. 3. 4. Nicaragua in its preliminary information indicated that: In the light of the case concerning the Territorial and Maritime Dispute (Nicaragua v. Colombia), which is currently pending before the International Annex 43 476 Republic of Nicaragua Submission to the Commission on the Limits of the Continental Shelf EXECUTIVE SUMMARY 2 nautical-mile limit from the baselines from which the breadth of the territorial sea of Nicaragua is measured. The Court did not determine the boundary of the continental shelf of Nicaragua and Colombia beyond this 200-nautical-mile limit, as requested by Nicaragua and observed that Nicaragua had only submitted preliminary information to the Commission. Following the judgment of the International Court of Justice of 19 November 2012 and after undertaking a thorough assessment and review of the scientific data of the areas concerned, Nicaragua has completed the preparation of the present submission on the outer limits of its continental shelf in the south western part of the Caribbean Sea. 6. II. Disputes and Areas of Overlapping Interest In accordance with article 76(10), the present submission is made without prejudice to the question of delimitation of the continental shelf between Nicaragua and neighbouring States. 7. In accordance with paragraph 2(a) of Annex I to the Commission’s Rules of Procedures, Nicaragua wishes to inform the Commission that there are no unresolved land or maritime disputes related to this submission. 8. III. Provisions of Art 76 The outer limits contained in this submission are based on the provisions of Article 76, paragraphs 4 (a) (ii), 4 (b), 5 and 7. 9. Court of Justice, and the recommendations of the Commission to the Russian Federation on its submission in the case of the Barents and Bering seas, the Government of Nicaragua intends to consider the further implementation of article 76 for the area of the southwestern part of the Caribbean Sea which is the subject of this submission of preliminary information after the International Court of Justice will have rendered its judgment on the merits in the case concerning the Territorial and Maritime Dispute (Nicaragua v. Colombia). The International Court of Justice rendered its judgment on the merits in the case concerning the Territorial and Maritime Dispute (Nicaragua v. Colombia) on 19 November 2012. The judgment determined a single maritime boundary delimiting the continental shelf and the exclusive economic zone of Nicaragua and Colombia extending up to the 200- 5. 1 1 The Republic of Nicaragua, Preliminary information indicative of the outer limits of the continental shelf and description of the status of preparation of making a submission to the Commission on the Limits of the Continental Shelf, para. 27. Annex 43 477 VI. Description of the outer limit of the continental shelf in the region of the Western Caribbean 12. The outer limit of the continental shelf in the region of the southwestern Caribbean has been determined using the provisions contained in Article 76 paragraph 4 (a) (ii). Sixty nautical mile arcs measured from the foot of slope (Hedberg formula) have been generated from all the foot of slope points (FOS 1 to FOS 8). 13. The final outer limit is, in parts, constrained by the limits defined by Article 76, para 5 (either 350M or at 100M beyond the 2500m isobath). 1 . As provided by Article 76, paragraph 7 of the Convention the outer limit consists of straight lines, each less than 60M long connecting fixed points, defined by coordinates of latitude and longitude. Table 1 provides the coordinates of the 164 fixed points. 4 IV. Commission members 10. No advice was provided by any member of the Commission. V. Organisations involved in the preparation of this submission 11. The following institutions and advisors provided assistance to the Government of Nicaragua during the preparation of this submission: Ministry of Foreign Affairs, Republic of Nicaragua Instituto Nicaragüense de Estudios Territoriales (INETER) Netherlands Institute for Law of the Sea Maritime Limits and Boundaries Service Ltd United Kingdom Hydrographic Office Republic of Nicaragua Submission to the Commission on the Limits of the Continental Shelf EXECUTIVE SUMMARY 3 Annex 43 478 Republic of Nicaragua Submission to the Commission on the Limits of the Continental Shelf EXECUTIVE SUMMARY 4 Figure 1. Outer Limit of the continental shelf beyond 200M in the region of the western Caribbean Annex 43 479 Republic of Nicaragua Submission to the Commission on the Limits of the Continental Shelf EXECUTIVE SUMMARY 5 Table 1 Coordinates of fixed points (FP) defining the outer limit of the Continental Shelf. FP Longitude (W) Latitude (N) Formula from FP to FP Distance(M) 1 -73.752911 15.322429 Art76 - para 5 2 -73.760434 15.307370 Art76 - para 5 1 2 1.00 3 -73.768113 15.292386 Art76 - para 5 2 3 1.00 4 -73.775942 15.277477 Art76 - para 5 3 4 1.00 5 -73.783925 15.262644 Art76 - para 5 4 5 1.00 6 -73.792057 15.247890 Art76 - para 5 5 6 1.00 7 -73.800342 15.233214 Art76 - para 5 6 7 1.00 8 -73.949128 14.974506 Art76 - para 5 7 8 17.70 9 -73.957549 14.959911 Art76 - para 5 8 9 1.00 10 -73.966119 14.945396 Art76 - para 5 9 10 1.00 11 -73.974624 14.931319 Art76 - para 5 10 11 0.97 12 -74.457163 14.669979 Art76 - para 4(a)(ii) 11 12 32.10 13 -75.129303 14.250186 Art76 - para 4(a)(ii) 12 13 46.47 14 -75.143804 14.241238 Art76 - para 4(a)(ii) 13 14 1.00 15 -75.158456 14.232524 Art76 - para 4(a)(ii) 14 15 1.00 16 -75.173251 14.224048 Art76 - para 4(a)(ii) 15 16 1.00 17 -75.188190 14.215813 Art76 - para 4(a)(ii) 16 17 1.00 18 -75.203266 14.207823 Art76 - para 4(a)(ii) 17 18 1.00 19 -75.218474 14.200076 Art76 - para 4(a)(ii) 18 19 1.00 20 -75.233813 14.192578 Art76 - para 4(a)(ii) 19 20 1.00 21 -75.249275 14.185328 Art76 - para 4(a)(ii) 20 21 1.00 22 -76.140269 13.713996 Art76 - para 4(a)(ii) 21 22 59.12 23 -76.155312 13.706002 Art76 - para 4(a)(ii) 22 23 1.00 24 -76.170489 13.698255 Art76 - para 4(a)(ii) 23 24 1.00 25 -76.185791 13.690754 Art76 - para 4(a)(ii) 24 25 1.00 26 -76.201222 13.683503 Art76 - para 4(a)(ii) 25 26 1.00 27 -76.216772 13.676505 Art76 - para 4(a)(ii) 26 27 1.00 28 -76.232436 13.669759 Art76 - para 4(a)(ii) 27 28 1.00 29 -76.248215 13.663267 Art76 - para 4(a)(ii) 28 29 1.00 30 -76.264100 13.657034 Art76 - para 4(a)(ii) 29 30 1.00 31 -76.280090 13.651058 Art76 - para 4(a)(ii) 30 31 1.00 32 -76.296176 13.645344 Art76 - para 4(a)(ii) 31 32 1.00 Annex 43 480 Republic of Nicaragua Submission to the Commission on the Limits of the Continental Shelf EXECUTIVE SUMMARY 6 FP Longitude (W) Latitude (N) Formula from FP to FP Distance(M) 33 -76.312359 13.639890 Art76 - para 4(a)(ii) 32 33 1.00 34 -76.328630 13.634702 Art76 - para 4(a)(ii) 33 34 1.00 35 -76.344989 13.629776 Art76 - para 4(a)(ii) 34 35 1.00 36 -76.361425 13.625117 Art76 - para 4(a)(ii) 35 36 1.00 37 -76.377941 13.620726 Art76 - para 4(a)(ii) 36 37 1.00 38 -76.394528 13.616603 Art76 - para 4(a)(ii) 37 38 1.00 39 -76.411181 13.612753 Art76 - para 4(a)(ii) 38 39 1.00 40 -76.427899 13.609170 Art76 - para 4(a)(ii) 39 40 1.00 41 -76.444675 13.605860 Art76 - para 4(a)(ii) 40 41 1.00 42 -76.461502 13.602822 Art76 - para 4(a)(ii) 41 42 1.00 43 -76.478379 13.600058 Art76 - para 4(a)(ii) 42 43 1.00 44 -76.495301 13.597569 Art76 - para 4(a)(ii) 43 44 1.00 45 -76.512264 13.595355 Art76 - para 4(a)(ii) 44 45 1.00 46 -76.529260 13.593415 Art76 - para 4(a)(ii) 45 46 1.00 47 -76.546288 13.591755 Art76 - para 4(a)(ii) 46 47 1.00 48 -77.002854 12.692990 Art76 - para 4(a)(ii) 47 48 59.97 49 -77.010642 12.678099 Art76 - para 4(a)(ii) 48 49 1.00 50 -77.018682 12.663336 Art76 - para 4(a)(ii) 49 50 1.00 51 -77.026969 12.648708 Art76 - para 4(a)(ii) 50 51 1.00 52 -77.035503 12.634216 Art76 - para 4(a)(ii) 51 52 1.00 53 -77.044282 12.619867 Art76 - para 4(a)(ii) 52 53 1.00 54 -77.053301 12.605663 Art76 - para 4(a)(ii) 53 54 1.00 55 -77.062558 12.591608 Art76 - para 4(a)(ii) 54 55 1.00 56 -77.072051 12.577706 Art76 - para 4(a)(ii) 55 56 1.00 57 -77.081780 12.563960 Art76 - para 4(a)(ii) 56 57 1.00 58 -77.091738 12.550377 Art76 - para 4(a)(ii) 57 58 1.00 59 -77.101922 12.536956 Art76 - para 4(a)(ii) 58 59 1.00 60 -77.112334 12.523705 Art76 - para 4(a)(ii) 59 60 1.00 61 -77.122968 12.510625 Art76 - para 4(a)(ii) 60 61 1.00 62 -77.133819 12.497720 Art76 - para 4(a)(ii) 61 62 1.00 63 -77.144889 12.484997 Art76 - para 4(a)(ii) 62 63 1.00 64 -77.156172 12.472453 Art76 - para 4(a)(ii) 63 64 1.00 65 -77.167663 12.460096 Art76 - para 4(a)(ii) 64 65 1.00 66 -77.556638 11.534393 Art76 - para 4(a)(ii) 65 66 59.83 Annex 43 481 Republic of Nicaragua Submission to the Commission on the Limits of the Continental Shelf EXECUTIVE SUMMARY 7 FP Longitude (W) Latitude (N) Formula from FP to FP Distance(M) 67 -77.563367 11.519022 Art76 - para 4(a)(ii) 66 67 1.00 68 -77.570353 11.503766 Art76 - para 4(a)(ii) 67 68 1.00 69 -77.577596 11.488625 Art76 - para 4(a)(ii) 68 69 1.00 70 -77.585093 11.473604 Art76 - para 4(a)(ii) 69 70 1.00 71 -77.592841 11.458709 Art76 - para 4(a)(ii) 70 71 1.00 72 -77.600838 11.443944 Art76 - para 4(a)(ii) 71 72 1.00 73 -77.609084 11.429311 Art76 - para 4(a)(ii) 72 73 1.00 74 -77.617573 11.414817 Art76 - para 4(a)(ii) 73 74 1.00 75 -77.626307 11.400464 Art76 - para 4(a)(ii) 74 75 1.00 76 -77.635281 11.386254 Art76 - para 4(a)(ii) 75 76 1.00 77 -77.644491 11.372196 Art76 - para 4(a)(ii) 76 77 1.00 78 -77.653939 11.358288 Art76 - para 4(a)(ii) 77 78 1.00 79 -77.663619 11.344540 Art76 - para 4(a)(ii) 78 79 1.00 80 -77.673527 11.330952 Art76 - para 4(a)(ii) 79 80 1.00 81 -77.683665 11.317527 Art76 - para 4(a)(ii) 80 81 1.00 82 -77.694025 11.304271 Art76 - para 4(a)(ii) 81 82 1.00 83 -77.704607 11.291187 Art76 - para 4(a)(ii) 82 83 1.00 84 -77.715407 11.278279 Art76 - para 4(a)(ii) 83 84 1.00 85 -77.726422 11.265548 Art76 - para 4(a)(ii) 84 85 1.00 86 -77.737651 11.253001 Art76 - para 4(a)(ii) 85 86 1.00 87 -77.749089 11.240642 Art76 - para 4(a)(ii) 86 87 1.00 88 -77.760733 11.228468 Art76 - para 4(a)(ii) 87 88 1.00 89 -77.772580 11.216491 Art76 - para 4(a)(ii) 88 89 1.00 90 -78.432815 10.557372 Art76 - para 4(a)(ii) 89 90 55.39 91 -78.444832 10.545586 Art76 - para 4(a)(ii) 90 91 1.00 92 -78.457047 10.534001 Art76 - para 4(a)(ii) 91 92 1.00 93 -78.469453 10.522618 Art76 - para 4(a)(ii) 92 93 1.00 94 -78.482049 10.511439 Art76 - para 4(a)(ii) 93 94 1.00 95 -78.494830 10.500471 Art76 - para 4(a)(ii) 94 95 1.00 96 -78.507793 10.489714 Art76 - para 4(a)(ii) 95 96 1.00 97 -78.520933 10.479172 Art76 - para 4(a)(ii) 96 97 1.00 98 -78.534250 10.468847 Art76 - para 4(a)(ii) 97 98 1.00 99 -78.547736 10.458742 Art76 - para 4(a)(ii) 98 99 1.00 100 -78.561393 10.448861 Art76 - para 4(a)(ii) 99 100 1.00 Annex 43 482 Republic of Nicaragua Submission to the Commission on the Limits of the Continental Shelf EXECUTIVE SUMMARY 8 FP Longitude (W) Latitude (N) Formula from FP to FP Distance(M) 101 -78.575211 10.439207 Art76 - para 4(a)(ii) 100 101 1.00 102 -78.589189 10.429781 Art76 - para 4(a)(ii) 101 102 1.00 103 -78.603322 10.420584 Art76 - para 4(a)(ii) 102 103 1.00 104 -78.617609 10.411625 Art76 - para 4(a)(ii) 103 104 1.00 105 -78.632043 10.402898 Art76 - para 4(a)(ii) 104 105 1.00 106 -78.646621 10.394412 Art76 - para 4(a)(ii) 105 106 1.00 107 -78.661339 10.386165 Art76 - para 4(a)(ii) 106 107 1.00 108 -78.676193 10.378163 Art76 - para 4(a)(ii) 107 108 1.00 109 -78.691179 10.370408 Art76 - para 4(a)(ii) 108 109 1.00 110 -78.706293 10.362899 Art76 - para 4(a)(ii) 109 110 1.00 111 -78.721531 10.355639 Art76 - para 4(a)(ii) 110 111 1.00 112 -78.736888 10.348630 Art76 - para 4(a)(ii) 111 112 1.00 113 -78.752359 10.341877 Art76 - para 4(a)(ii) 112 113 1.00 114 -78.767940 10.335379 Art76 - para 4(a)(ii) 113 114 1.00 115 -78.783632 10.329137 Art76 - para 4(a)(ii) 114 115 1.00 116 -78.799422 10.323155 Art76 - para 4(a)(ii) 115 116 1.00 117 -78.815311 10.317433 Art76 - para 4(a)(ii) 116 117 1.00 118 -78.831294 10.311973 Art76 - para 4(a)(ii) 117 118 1.00 119 -78.847367 10.306776 Art76 - para 4(a)(ii) 118 119 1.00 120 -78.863523 10.301845 Art76 - para 4(a)(ii) 119 120 1.00 121 -79.526776 10.108653 Art76 - para 4(a)(ii) 120 121 40.90 122 -79.543004 10.103989 Art76 - para 4(a)(ii) 121 122 1.00 123 -79.559307 10.099592 Art76 - para 4(a)(ii) 122 123 1.00 124 -79.575681 10.095463 Art76 - para 4(a)(ii) 123 124 1.00 125 -79.592122 10.091607 Art76 - para 4(a)(ii) 124 125 1.00 126 -79.608626 10.088019 Art76 - para 4(a)(ii) 125 126 1.00 127 -79.625187 10.084705 Art76 - para 4(a)(ii) 126 127 1.00 128 -79.641801 10.081663 Art76 - para 4(a)(ii) 127 128 1.00 129 -79.658463 10.078897 Art76 - para 4(a)(ii) 128 129 1.00 130 -79.675169 10.076404 Art76 - para 4(a)(ii) 129 130 1.00 131 -79.691916 10.074187 Art76 - para 4(a)(ii) 130 131 1.00 132 -79.708696 10.072244 Art76 - para 4(a)(ii) 131 132 1.00 133 -79.725506 10.070580 Art76 - para 4(a)(ii) 132 133 1.00 134 -79.742343 10.069193 Art76 - para 4(a)(ii) 133 134 1.00 Annex 43 483 Republic of Nicaragua Submission to the Commission on the Limits of the Continental Shelf EXECUTIVE SUMMARY 9 FP Longitude (W) Latitude (N) Formula from FP to FP Distance(M) 135 -79.759200 10.068082 Art76 - para 4(a)(ii) 134 135 1.00 136 -79.776072 10.067248 Art76 - para 4(a)(ii) 135 136 1.00 137 -79.792958 10.066694 Art76 - para 4(a)(ii) 136 137 1.00 138 -79.809849 10.066418 Art76 - para 4(a)(ii) 137 138 1.00 139 -79.826744 10.066418 Art76 - para 4(a)(ii) 138 139 1.00 140 -79.843635 10.066698 Art76 - para 4(a)(ii) 139 140 1.00 141 -79.860521 10.067254 Art76 - para 4(a)(ii) 140 141 1.00 142 -79.877393 10.068091 Art76 - para 4(a)(ii) 141 142 1.00 143 -79.894250 10.069204 Art76 - para 4(a)(ii) 142 143 1.00 144 -79.911087 10.070593 Art76 - para 4(a)(ii) 143 144 1.00 145 -79.927897 10.072260 Art76 - para 4(a)(ii) 144 145 1.00 146 -79.944677 10.074205 Art76 - para 4(a)(ii) 145 146 1.00 147 -79.961422 10.076424 Art76 - para 4(a)(ii) 146 147 1.00 148 -79.978128 10.078919 Art76 - para 4(a)(ii) 147 148 1.00 149 -79.994790 10.081690 Art76 - para 4(a)(ii) 148 149 1.00 150 -80.011404 10.084734 Art76 - para 4(a)(ii) 149 150 1.00 151 -80.027964 10.088050 Art76 - para 4(a)(ii) 150 151 1.00 152 -80.044466 10.091640 Art76 - para 4(a)(ii) 151 152 1.00 153 -80.060908 10.095499 Art76 - para 4(a)(ii) 152 153 1.00 154 -80.077280 10.099629 Art76 - para 4(a)(ii) 153 154 1.00 155 -80.093582 10.104029 Art76 - para 4(a)(ii) 154 155 1.00 156 -80.109810 10.108696 Art76 - para 4(a)(ii) 155 156 1.00 157 -80.125955 10.113629 Art76 - para 4(a)(ii) 156 157 1.00 158 -80.142017 10.118830 Art76 - para 4(a)(ii) 157 158 1.00 159 -80.157989 10.124291 Art76 - para 4(a)(ii) 158 159 1.00 160 -80.173869 10.130016 Art76 - para 4(a)(ii) 159 160 1.00 161 -80.189650 10.136002 Art76 - para 4(a)(ii) 160 161 1.00 162 -80.205328 10.142246 Art76 - para 4(a)(ii) 161 162 1.00 163 -80.220900 10.148748 Art76 - para 4(a)(ii) 162 163 1.00 164 -80.226063 10.151004 Art76 - para 4(a)(ii) 163 164 0.33 All coordinates relate to the WGS84 geodetic reference system Annex 43 484 485 ANNEX 44 #$% !& = !>>= !" !>OQ&!"! Y"" & $ Z!" "" !"? Y"" & ' >[!%!" !!" % ?= !: ; English and French originals. Available at: \j}}ZZZ;=;! ?}$\&} !&} Y~ %Y%O~Y~}O}>^ &} mzn99ef.pdf 486 487 United Nations NationsUnies ¤YO#Y~® % £ % TEL.: <;®Y : 1 (212) 963.4879 '[%'Y~'[ %% ~Y~ % YO %}} #Y ''#%Y~ % '~¤O` % Y%YYY%O~¤Y ~¤Y YYY ''#%Y~ %#YOYO` %O YY'Y~'~O#O ~OY' BUREAU DES AFFAIRES JURIDIQUES Annex 44 488 Annex 44 489 Annex 44 490 491 ANNEX 45 = !>>= !" !>OQ&!"! Y"" & $ Z!" the "" !"? Y"" & \!"=:>&&!> $: \=: !" Nicaragua to the Commission on the Limits of the Continental Shelf, 1 July 2013. English and French originals. Available at: http://www.un.org/depts/los/clcs_new/submissions_files/nic66_13/ clcs66_2013.pdf 492 493 United Nations NationsUnies ¤YO#Y~® % £ % TEL.: <;®Y : 1 (212) 963.4879 %~%%~Y¤% ~Y~ % YO %}} #Y ''#%Y~ % '~¤O` % Y%YYY%O~¤Y ~¤Y YYY ''#%Y~ %#YOYO` %O YY'Y~'~O#O ~OY' BUREAU DES AFFAIRES JURIDIQUES Annex 45 494 Annex 45 495 Annex 45
Volume II Annexes