¹[3A. (1) A foreign warship including a submarine and any other underwater warship may enter or pass through the Territorial Sea after giving prior notice to the Government.

(2) A submarine or any other underwater vehicle, like Remotely Operated Underwater Vehicle, Autonomous Underwater Vehicle and Unmanned Underwater Vehicle, etc., whether or not a warship, exercising the rights of Innocent Passage through the Territorial Sea shall navigate on the surface and show its flag while passing through the Territorial Sea.

(3) No aircraft shall enjoy the rights of Innocent Passage without the prior express consent of the Government.

(4) The Government may make rules and regulations relating to Innocent Passage through in the Territorial Sea in relation to safety of navigation, preservation of the environment and prevention of infringement of customs, fiscal, immigration and sanitary laws among others.

Explanation.- For the purpose of this section,-

(a) “Innocent Passage” means continuous and expeditious navigation through the Territorial Sea for the purpose of traversing that sea without entering the Internal Waters or proceeding to or from Internal Waters to call at roadstead or port facilities of Bangladesh so far as it is not prejudicial to the peace, good order, security and the laws of Bangladesh;

(b) “Remotely Operated Underwater Vehicle (ROV)” means non-autonomous remotely operated sub-aquatic vehicle, which is controlled and powered from the surface by an operator or pilot via an umbilical or using a remote control;

(c)  “Autonomous Underwater Vehicle (AUV)” means a robot that travels underwater without requiring input from an operator; and

(d) “Unmanned Underwater Vehicle (UUV)” means any underwater vehicles that are able to operate without a human occupant and includes ROV and AUV.