Protocol
on the Privileges and Immunities of the International Seabed Authority
The States Parties to this Protocol,
Considering that
the United Nations Convention on the Law of the Sea establishes the
International Seabed Authority,
Recalling that
article 176 of the United Nations Convention on the Law of the Sea provides
that the Authority shall have international legal personality and such legal
capacity as may be necessary for the exercise of its functions and the
fulfilment of its purposes,
Noting that
article 177 of the United Nations Convention on the Law of the Sea provides
that the Authority shall enjoy in the territory of each State Party to the
Convention the privileges and immunities set forth in section 4, subsection G
of Part XI of the Convention and that the privileges and immunities of the
Enterprise shall be those set forth in annex IV, article 13,
Recognizing that
certain additional privileges and immunities are necessary for the exercise of
the functions of the International Seabed Authority,
Have agreed as
follows:
Article
1
Use of
terms
For the
purposes of this Protocol:
(a) “Authority” means the International Seabed
Authority;
(b) “Convention” means the United Nations
Convention on the Law of the Sea of 10 December 1982;
(c) “Agreement” means the Agreement relating to the
Implementation of Part XI of the United Nations Convention on the Law of the
Sea of 10 December 1982. In accordance with the Agreement, its provisions and
Part XI of the Convention are to be interpreted and applied together as a
single instrument; this Protocol and references in this Protocol to the
Convention are to be interpreted and applied accordingly;
(d) “Enterprise” means the organ of the Authority
as provided for in the Convention;
(e) “member of the Authority” means:
(i) any State Party to the Convention; and
(ii) any State or entity which is a member of the
Authority on a provisional basis pursuant to paragraph 12 (a) of section 1 of
the annex to the Agreement;
(f) “representatives” means representatives,
alternate representatives, advisers, technical experts and secretaries of the
delegations;
(g) “Secretary-General” means the Secretary-General
of the International Seabed Authority.
Article
2
General
provision
Without
prejudice to the legal status, privileges and immunities accorded to the
Authority and the Enterprise set forth in section 4, subsection G, of Part XI
and Annex IV, article 13, of the Convention respectively, each State party to
this Protocol shall accord to the Authority and its organs, the representatives
of members of the Authority, officials of the Authority and experts on mission
for the Authority such privileges and immunities as are specified in this
Protocol.
Article
3
Legal
personality of the Authority
The Authority
shall possess legal personality. It shall have the legal capacity:
(a) to contract;
(b) to acquire and dispose of immovable and movable
property;
(c) to be a party in legal proceedings.
Article
4
Inviolability
of the premises of the Authority
The premises of
the Authority shall be inviolable.
Article
5
Financial
facilities of the Authority
1. Without being restricted by financial controls,
regulations or moratoriums of any kind, the Authority may freely:
(a) purchase
any currencies through authorized channels and hold and dispose of them;
(b) hold funds, securities, gold, precious metals
or currency of any kind and operate accounts in any currency;
(c) transfer
its funds, securities, gold or currency from one country to another or within
any country and convert any currency held by it into any other currency.
2. The Authority shall, in exercising its rights
under paragraph 1 of this article, pay due regard to any representations made
by the Government of any member of the Authority insofar as it is considered
that effect can be given to such representations without detriment to the
interests of the Authority.
Article
6
Flag
and emblem
The Authority
shall be entitled to display its flag and emblem at its premises and on
vehicles used for official purposes.
Article
7
Representatives
of members of the Authority
1. Representatives of members of the Authority attending
meetings convened by the Authority shall, while exercising their functions and
during their journey to and from the place of meeting, enjoy the following
privileges and immunities:
(a) immunity
from legal process in respect of words spoken or written, and all acts
performed by them in the exercise of their functions, except to the extent that
the member which they represent expressly waives this immunity in a particular
case;
(b) immunity
from personal arrest or detention and the same immunities and facilities in
respect of their personal baggage as are accorded to diplomatic envoys;
(c) inviolability
for all papers and documents;
(d) the right to use codes and to receive papers or
correspondence by courier or in sealed bags;
(e) exemption
in respect of themselves and their spouses from immigration restrictions, alien
registration or national service obligations in the State they are visiting or
through which they are passing in the exercise of their functions;
(f) the same facilities as regards exchange
restrictions as are accorded to representatives of foreign Governments of
comparable rank on temporary official missions.
2. In order to secure, for the representatives of
members of the Authority, complete freedom of speech and independence in the
discharge of their duties, the immunity from legal process in respect of all
acts done by them in discharging their functions shall continue to be accorded,
notwithstanding that the persons concerned are no longer representatives of
members of the Authority.
3. Where the incidence of any form of taxation
depends upon residence, periods during which the representatives of members of
the Authority attending the meetings of the Authority are present in the
territory of a member of the Authority for the discharge of their duties shall
not be considered as periods of residence.
4. Privileges and immunities are accorded to the
representatives of members of the Authority, not for the personal benefit of
the individuals themselves, but in order to safeguard the independent exercise
of their functions in connection with the Authority. Consequently, a member of
the Authority has the right and the duty to waive the immunity of its
representative in any case where in the opinion of the member of the Authority
the immunity would impede the course of justice, and it can be waived without
prejudice to the purpose for which the immunity is accorded.
5. Representatives of members of the Authority
shall have insurance coverage against third-party risks in respect of vehicles
owned or operated by them, as required by the laws and regulations of the State
in which the vehicle is operated.
6. The provisions of paragraphs 1, 2 and 3 are not
applicable as between a representative and the authorities of the member of the
Authority of which he is a national or of which he or she is or has been a
representative.
Article
8
Officials
1. The Secretary-General will specify the
categories of officials to which the provisions of paragraph 2 of this article
shall apply. The Secretary-General shall submit these categories to the
Assembly. Thereafter these categories shall be communicated to the Governments
of all members of the Authority. The names of the officials included in these
categories shall from time to time be made known to the Governments of members
of the Authority.
2. Officials of the Authority, regardless of
nationality, shall:
(a) be immune from legal process in respect of
words spoken or written and all acts performed by them in their official
capacity;
(b) be immune from personal arrest or detention in
relation to acts performed by them in their official capacity;
(c) be exempt from tax in respect of salaries and
emoluments paid or any other form of payment made by the Authority;
(d) be immune from national service obligations
provided that, in relation to States of which they are national, such immunity
shall be confined to officials of the Authority whose names have, by reason of
their duties, been placed upon a list compiled by the Secretary-General and
approved by the State concerned; should other officials of the Authority be
called up for national service, the State concerned shall, at the request of
the Secretary-General, grant such temporary deferments in the call-up of such
officials as may be necessary to avoid interruption in the continuation of
essential work;
(e) be exempt, together with their spouses and
relatives dependent on them, from immigration restrictions and alien
registration;
(f) be accorded the same privileges in respect of
exchange facilities as are accorded to the officials of comparable ranks
forming part of diplomatic missions to the Governments concerned;
(g) have the right to import free of duty their
furniture and effects at the time of first taking up their post in the country
in question;
(h) be exempt from inspection of personal baggage,
unless there are serious grounds for believing that the baggage contains
articles not for personal use or articles the import or export of which is
prohibited by the law or controlled by the quarantine regulations of the Party
concerned; and inspection in such a case shall be conducted in the presence of
the official concerned, and in the case of official baggage, in the presence of
the Secretary-General or his or her authorized representative;
(i) be given, together with their spouses and
relatives dependent on them, the same repatriation facilities in time of
international crises as are accorded to diplomatic agents.
3. In addition to the privileges and immunities
specified in paragraph 2, the Secretary-General or any official acting on his
behalf during his absence from duty and the Director-General of the Enterprise
shall be accorded in respect of themselves, their spouses and minor children
the privileges and immunities, exemptions and facilities accorded to diplomatic
envoys, in accordance with international law.
4. Privileges and immunities are accorded to
officials, not for the personal benefit of the individuals themselves, but in
order to safeguard the independent exercise of their functions in connection
with the Authority. The Secretary-General has the right and the duty to waive
the immunity of any official where, in the opinion of the Secretary-General,
the immunity would impede the course of justice, and it can be waived without
prejudice to the interests of the Authority. In case of the Secretary-General,
the Assembly shall have the right to waive immunity.
5. The Authority shall cooperate at all times with
the appropriate authorities of members of the Authority to facilitate the
proper administration of justice, secure the observance of police regulations
and prevent the occurrence of any abuse in connection with the privileges,
immunities and facilities referred to in this article.
6. Pursuant to the laws and regulations of the
State concerned, the officials of the Authority shall be required to have
insurance coverage against third-party risks in respect of vehicles owned or
operated by them.
Article
9
Experts
on mission for the Authority
1. Experts (other than officials coming within the
scope of article 8) performing missions for the Authority shall be accorded
such privileges and immunities as are necessary for the independent exercise of
their functions during the period of their missions, including the time spent
on journeys in connection with their missions. In particular they shall be
accorded:
(a) immunity
from personal arrest or detention and from seizure of their personal baggage;
(b) in respect of words spoken or written and acts
done by them in the exercise of their functions, immunity from legal process of
every kind. This immunity shall continue notwithstanding that the persons concerned
are no longer employed on missions for the Authority;
(c) inviolability
for all papers and documents;
(d) for the purposes of their communications with
the Authority, the right to use codes and to receive papers or correspondence
by courier or in sealed bags;
(e) exemption
from tax in respect of salaries and emoluments paid or any other form of
payment made by the Authority. This provision is not applicable as between an
expert and the member of the Authority of which he or she is a national;
(f) the same facilities in respect of currency or
exchange restrictions as are accorded to representatives of foreign Governments
on temporary official missions.
2. Privileges and immunities are accorded to
experts, not for the personal benefit of the individuals themselves, but in
order to safeguard the independent exercise of their functions in connection
with the Authority. The Secretary-General shall have the right and the duty to
waive the immunity of any expert where, in the opinion of the Secretary-General,
the immunity would impede the course of justice, and it can be waived without
prejudice to the interests of the Authority.
Article
10
Respect
for laws and regulations
Without
prejudice to their privileges and immunities, it is the duty of all persons
referred to in articles 7, 8 and 9 to respect the laws and regulations of the
member of the Authority in whose territory they may be on the business of the
Authority or through whose territory they may pass on such business. They also
have a duty not to interfere in the internal affairs of that member.
Article 11
Laissez-passer
and visas
1. Without
prejudice to the possibility for the Authority to issue its own travel
documents, the States Parties to this Protocol shall recognize and accept the
United Nations laissez-passer issued to officials of the Authority.
2. Applications for visas (where required) from
officials of the Authority shall be dealt with as speedily as possible.
Applications for visas (where required) from officials of the Authority holding
United Nations laissez-passer shall be accompanied by a document confirming
that they are travelling on the official business of the Authority.
Article
12
Relationship
between the Headquarters Agreement and the Protocol
The provisions
of this Protocol shall be complementary to the provisions of the Headquarters
Agreement. Insofar as any provision of this Protocol relates to the same
subject matter, the two provisions shall, wherever possible, be treated as
complementary, so that both provisions shall be applicable and neither shall
narrow the effect of the other; but in any case of conflict, the provisions of
that Agreement shall prevail.
Article
13
Supplementary
agreement
This Protocol
shall in no way limit or prejudice the privileges and immunities which have
been, or may hereafter be, accorded to the Authority by any member of the
Authority by reason of the location in the territory of that member of the
Authority's headquarters or regional centres or offices. This Protocol shall
not be deemed to prevent the conclusion of supplementary agreements between the
Authority and any member of the Authority.
Article
14
Settlement
of disputes
1. In connection with the implementation of the
privileges and immunities granted under this Protocol, the Authority shall make
suitable provision for the proper settlement of:
(a) disputes
of a private law character to which the Authority is a party;
(b) disputes
involving any official of the Authority or any expert on mission for the
Authority who by reason of his or her official position enjoys immunity, if
immunity has not been waived by the Secretary-General.
2. Any dispute between the Authority and a member
of the Authority concerning the interpretation or application of this Protocol
which is not settled by consultation, negotiation or other agreed mode of
settlement within three months following a request by one of the parties to the
dispute shall, at the request of either party, be referred for a final and
binding decision to a panel of three arbitrators:
(a) one to be nominated by the Secretary-General,
one to be nominated by the other party to the dispute and the third, who shall
be Chairman of the panel, to be chosen by the first two arbitrators;
(b) if either party has failed to make its
appointment of an arbitrator within two months of the appointment of an
arbitrator by the other party, the President of the International Tribunal for
the Law of the Sea shall proceed to make such appointment. Should the first two
arbitrators fail to agree upon the appointment of the third arbitrator within
three months following the appointment of the first two arbitrators, the third arbitrator
shall be chosen by the President of the International Tribunal for the Law of
the Sea upon the request of the Secretary-General or the other party to the
dispute.
Article
15
Signature
This Protocol
shall be open for signature by all members of the Authority at the headquarters
of the International Seabed Authority in Kingston, Jamaica, from 17 August
until 28 August 1998 and subsequently until 16 August 2000 at United Nations
Headquarters in New York.
Article
16
Ratification
This Protocol
is subject to ratification, approval or acceptance. The instruments of
ratification, approval or acceptance shall be deposited with the
Secretary-General of the United Nations.
Article
17
Accession
This Protocol
shall remain open for accession by all members of the Authority. The
instruments of accession shall be deposited with the Secretary-General of the
United Nations.
Article
18
Entry
into force
1. The Protocol shall enter into force 30 days
after the date of deposit of the tenth instrument of ratification, approval,
acceptance or accession.
2. For each member of the Authority which
ratifies, approves or accepts this Protocol or accedes thereto after the
deposit of the tenth instrument of ratification, approval, acceptance or
accession, this Protocol shall enter into force on the thirtieth day following
the deposit of its instrument of ratification, approval, acceptance or
accession.
Article
19
Provisional
application
A State which
intends to ratify, approve, accept or accede to this Protocol may at any time
notify the depositary that it will apply this Protocol provisionally for a
period not exceeding two years.
Article
20
Denunciation
1. A State Party may, by written notification
addressed to the Secretary-General of the United Nations, denounce this
Protocol. The denunciation shall take effect one year after the date of receipt
of the notification, unless the notification specifies a later date.
2. The denunciation shall not in any way affect
the duty of any State Party to fulfil any obligation embodied in this Protocol
to which it would be subject under international law independently of this
Protocol.
Article
21
Depositary
The
Secretary-General of the United Nations shall be the depositary of this
Protocol.
Article
22
Authentic
texts
The Arabic,
Chinese, English, French, Russian and Spanish texts of this Protocol are
equally authentic.
IN WITNESS
WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have
signed the Protocol.
OPENED FOR
SIGNATURE at Kingston, from the seventeenth to the twenty-eighth day of August
one thousand nine hundred and ninety-eight, in a single original, in the
Arabic, Chinese, English, French, Russian and Spanish languages.