Approves, For Ratification, The Protocol On The Privileges And Immunities Of The International Authority Of The Marine Bottom, Opened For Signature In Kingston, Between 17 And 28 August 1998.

Original Language Title: Aprova, para ratificação, o Protocolo relativo aos privilégios e imunidades da autoridade internacional dos fundo marinhos, aberto à assinatura em Kingston, entre 17 e 28 de Agosto de 1998.

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277636a49354c5667755a47396a&fich=ppr29-X.doc&Inline=false

RESOLUTION No. 29/X given that Portugal is part of the United Nations Convention on the law of the sea, adopted on 10 December 1982; Whereas the United Nations Convention on the law of the Sea establishes the International Seabed Authority; Recognizing that some additional privileges and immunities necessary for the exercise of the functions of the International Seabed Authority; Having signed Portugal, on 6 April 2000, the Protocol on the privileges and Immunities of the International Seabed Authority; So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: Approving, for ratification, the Protocol on the privileges and Immunities of the International Seabed Authority, opened for signature in Kingston, between 17 and 28 August 1998, the text of which, in the English version and its translation in Portuguese language If published in the annex. Seen and approved by the Council of Ministers of 17 November 2005 Prime Minister the Minister of Parliamentary Affairs Minister Presidency PROTOCOL on the PRIVILEGES and IMMUNITIES of the INTERNATIONAL SEABED AUTHORITY States parties to the present Protocol whereas the United Nations Convention on the law of the Sea establishes the International Seabed Authority Recalling that, pursuant to article 176 of the United Nations Convention on the law of the sea, the authority has international legal personality and legal capacity necessary for the performance of their duties and to achieve its objectives, noting that, under article 177 of the United Nations Convention on the law of the sea, the authority shall enjoy in the territory of each State party such privileges and immunities as set out in section 4, subsection G of part XI of the Convention, and that the privileges and immunities relating to the Company are those set out in article 13 of annex IV.

Recognizing that some additional privileges and immunities necessary for the exercise of the functions of the International Seabed Authority, have agreed as follows: Article 1 .° definitions for the purposes of this Protocol, the following definitions shall apply: (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 provisions of this Agreement and part XI of the Convention should be interpreted and applied together as a single instrument. This Protocol and references contained in the Convention should be interpreted and applied accordingly;

(d) "undertaking", the organ of the authority in accordance with the Convention;

(e) "member of the authority: (i) any State party to the Convention; and (ii) States or entities which are provisional members of the authority, in accordance with subparagraph (a)) of paragraph 2 of the annex to the agreement;

(f) "Representatives" means representatives, holders and alternates, advisers, technical experts and Secretaries of delegations;

(g) "Secretary-General" means the Secretary-General of the International Seabed Authority.

Article 2° General provisions Without prejudice to the legal status, privileges and immunities granted to the authority and the Corporation under section 4, subsection G of part XI and annex article 13 of the Convention respectively, each State party to this Protocol shall grant to the authority and its organs, the representatives of the members of the authority, the Authority's officials and experts performing missions for the Authority's account the privileges and immunities set out in this Protocol.

Article 3 legal capacity 1. The authority enjoys legal personality. Has the capacity to: (a) contract; (b) acquire and dispose of movable and immovable property; (c) be a party to legal proceedings.

Article 4 Inviolability of the premises of the Authority The Authority's premises shall be inviolable.

Article 5 financial Facilities granted to the authority without being subject to any kind of control, regulation or financial moratorium, the authority may freely: (a) purchase any currencies through authorized channels, as well as own them and dispose of them;

(b) own funds, securities, gold, precious metals or currency of any kind and moving accounts in any currency;

(c) transfer its funds, securities, gold or currency from one country to another, or within the same country and convert any currency held by it in another currency;

2. In the exercise of the rights granted under paragraph 1 of this article, the authority shall take due account of any observations made by the Government of each of its members, to the extent that consider power follow-through without sacrificing their own interests.

Article 6 Flag and emblem the authority has the right 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. The representatives of the members of the authority who attend meetings convened by the authority shall enjoy, in the performance of their duties and during the journeys to and from the place of meeting, the following privileges and immunities: (a) immunity from jurisdiction in respect of declarations, oral or written, and all acts performed by them in the performance of their duties, except to the extent that the Member they represent her renounce expressly in a particular case;

(b) immunity from arrest and detention and, in respect of personal baggage, the same immunities and facilities as are accorded to diplomatic agents;

(c) Inviolability of all papers and documents;

(d) the right to use codes and to receive papers or correspondence by courier or in sealed bag;

(e) Exemption for themselves and their spouses from immigration restrictions, aliens registration formalities and national service obligations in the State they are visiting or transit in the performance of their duties;

(f) the same facilities as regards exchange restrictions as are accorded to representatives of foreign Governments, of equivalent category on official temporary;

2. In order to ensure that the representatives of the members of the authority a wide freedom of expression and full independence in the performance of their duties, the immunity from jurisdiction in respect of acts performed by them in the exercise of their functions, shall continue to be granted even after they are no longer the representatives of members of the authority.

3. when placing a tax depends on the residence, periods during which the representatives of members of the authority who attend meetings of this, in the territory of a member of the authority for the performance of their duties shall not be considered as periods of residence.

4. Privileges and immunities are not granted for personal benefit of the representatives of the members of the authority, but to allow the independent performance of their functions with the authority. Therefore, any member of the authority has not only the right but also the duty to waive the immunity attributed to his representative in any situation, whenever, in the opinion of the Member of the authority, the immunity can constitute an obstacle to justice and since can be lifted without prejudice to the purpose for which it is given.

5. The representatives of the members of the authority shall be insured to cover liability for damage caused to third parties by a vehicle belonging to or driven by them, in accordance with the laws and regulations of the State in which the vehicles are used.

6. The provisions of paragraphs 1, 2 and 3 shall not apply between a representative and the authorities of the Member of the authority of which he is a national or which is or has been a representative.

Article 8 Officials 1. The Secretary-General shall determine the categories of officials to which the provisions of paragraph 2 of this article. The Secretary-General shall submit the list to the House and then communicate it to the Governments of all members. The names of the officials included in these categories shall be communicated periodically to the Governments of the members of the authority.

2. Irrespective of nationality, the employees: (a) enjoy immunity from jurisdiction in respect of declarations, oral or written, and all acts performed by them in the performance of their duties;

(b) enjoy immunity from arrest and detention in respect of acts performed by them in their official capacity;

(c) are exempt from taxes on salaries and emoluments paid or any other form of payment made by the authority;

(d) are exempt from military service obligations provided that, in relation to the country of which they are nationals, this immunity applies only to employees of the authority, by virtue of their functions, are included in a list drawn up by the Secretary-General and approved by the State concerned; as for other employees of the authority, in the event of mobilization for the military service, the State concerned shall, at the request of the Secretary-General, grant temporary deferrals that are needed to avoid the interruption of essential work;


(e) are not subject, as well as spouses and dependent family members, from immigration restrictions and aliens registration formalities;

(f) benefit from the same facilities as regards exchange restrictions as are accorded to officials of equivalent category belonging to diplomatic missions accredited to the Governments concerned;

(g) have the right to import their furniture and personal effects, in relief, on taking up duty in the country concerned;

(h) in relation to personal luggage are exempt of customs inspection. May be subject to inspection if there are serious reasons for believing that the baggage contains articles not intended for personal use or whose import or export is prohibited by the laws or subjected to quarantine regulations of the party concerned. This inspection should only be made in the presence of the official concerned or, in case of official baggage, in the presence of the Secretary-General or his authorized representative.

(i) receive, along with their spouses and dependent family members, of the same facilities in respect of repatriation as are accorded to diplomatic agents in times of international crisis.

3. in addition to the privileges and immunities provided for in paragraph 2, the Secretary-General or any official acting on his behalf in his absence, as well as the director-general shall enjoy, together with their spouses and minor children, the same privileges, immunities, exemptions and facilities as are granted by international law to diplomatic agents.

4. Privileges and immunities are not granted for personal benefit, but to allow the independent performance of their functions with the authority. The Secretary-General has not only the right but also the duty to waive the immunity accorded to any expert where, in their view, this immunity can constitute an obstacle to justice and since can be lifted without prejudice to the interests of the authority. In the case of the Secretary-General, the Assembly shall have the right to waive the immunity.

5. The authority should ensure a continuous cooperation with the competent authorities of its members in order to facilitate a good administration of Justice, secure the observance of police regulations and prevent any abuse to take place the privileges, immunities, exemptions and facilities provided for in this article.

6. In accordance with the laws and regulations of the State concerned, the officials of the authority shall be insured to cover liability for damage caused to third parties by a vehicle belonging to or driven by them.

Article 9 experts on mission on behalf of the Authority 1. Experts (other than officials referred to in article 8) performing missions for the authority shall enjoy the privileges and immunities 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, and in particular: (a) enjoy immunity from arrest and detention and seizure of their personal baggage;

(b) enjoy immunity from jurisdiction in respect of declarations, oral or written, and all acts performed by them in the performance of their duties. This immunity shall continue to be granted even after they have left the service of the authority;

(c) Inviolability of all papers and documents;

(d) for the purposes of communication with the authority, have the right to use codes and to receive papers or correspondence by courier or in sealed bag (and) are exempt from taxes on salaries and emoluments paid or any other form of payment made by the authority. This provision shall not apply between an expert and a member of the National Authority.

(f) the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign Governments, of equivalent category, on an official mission.

2. Privileges and immunities are not granted for personal benefit from experts, but to allow the independent exercise of their functions in connection with the authority. The Secretary-General has not only the right but also the duty, to waive the immunity accorded to any expert where, in their view, this immunity can constitute an obstacle to justice and since can be lifted without prejudice to the interests of the authority. Article 10 respect for laws and regulations without prejudice to their privileges and immunities, all persons referred to in articles 7, 8 and 9 have the duty to respect the laws and regulations of the Member of the authority on whose territory or through which transit in the performance of their duties on behalf of the authority. They also have the obligation not to interfere in the internal affairs of that Member.

Article 11 laissez-passer and visas 1. Without prejudice to the Authority be able 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, when presented by officials of the authority shall be dealt with as soon as possible. Applications for visas, where required, when presented by officials of the authority holders of United Nations laissez-passer shall be accompanied by a document certifying that these employees travel on behalf of the authority.

Article 12 relationship between the headquarters agreement and the Protocol the provisions of this Protocol supplement the provisions of the headquarters agreement. To the extent that there is in this Protocol and headquarters agreement provisions on the same subject, these provisions should, as far as possible be considered complementary, so that both are applicable and no limit to another and should, however, in the event of a conflict, the provisions of the headquarters agreement.

Article 13 additional agreement Nothing in this Protocol shall be interpreted as likely to restrict or prejudice the privileges and immunities which have been, or may hereafter be granted by the Authority one of its members by virtue of the location of the headquarters or regional offices or centers of authority in the territory of that Member. Nothing in this Protocol shall be interpreted as preventing the authority of additional agreements with any of its members.

Article 14 settlement of disputes 1. For the application of the privileges and immunities granted under this Protocol, the authority shall take appropriate measures with a view to the satisfactory resolution of disputes: (a) under private law in which the authority is a party;

(b) involving an employee of the authority or an expert performing missions for the authority, by virtue of their official position, enjoys immunity, if such immunity has not been waived by the Secretary-General.

2. Any dispute between the authority and one of its members, concerning the interpretation or application of this Protocol, which is not settled by consultation, negotiation or other agreed method, within 3 months from the date of the request of one of the parties to the dispute, shall, at the request of either Contracting Party, be submitted to a tribunal composed of three arbitrators for a final and binding decision : (a) one arbitrator shall be appointed by the Secretary-General, one for the other party to the dispute and the third, who shall preside over the Court, should be chosen by the first two arbitrators;

(b) if one of the parties has not appointed an arbitrator within two months of the appointment of an arbitrator by the other party, the President of the International Court of law of the sea shall make such appointment. If the first two arbitrators cannot reach an agreement on the appointment of the third arbitrator within two months of the date of their appointments, at the request of the Secretary-General or of the other party to the dispute, that should be appointed by the President of the International Court of law of the sea.

Article 15 Signature this Protocol shall be open for signature by all members of the authority between 17 and 28 August 1998, at the headquarters of the International Seabed Authority in Kingston, Jamaica, and then in the United Nations Headquarters in New York until August 28 2000.

Article 16 Ratification this Protocol is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

Article 17 Accession this Protocol shall be open to 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 present 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, accepts or approves this Protocol or accedes to it after having been deposited the tenth instrument of ratification, approval, acceptance or accession, the present Protocol shall enter into force on the thirtieth day following the date of deposit by such member of the said instrument.

Article 19 provisional application


Any State which intends to ratify, approve or accede to this Protocol may, at any time, notify the depositary of its intention to apply provisionally for a period not exceeding two years, the present Protocol.

Article 20 Denunciation 1. A State party may denounce this Protocol by written notification addressed to the Secretary-General of the United Nations. The denunciation shall take effect one year after the date of receipt of the notification, unless this provides for a later date.

2. The complaint does not in any way affect the duty of any State party to fulfil all the obligations laid down in this Protocol to which it is subject under international law independently of this Protocol.

Article 21 Depositary the Secretary-General of the United Nations is the depositary of this Protocol.

Article 22 authentic texts The texts in English, Arabic, Chinese, English, French and Russian of this Protocol are equally authentic.

In witness whereof, the undersigned plenipotentiaries, being duly authorized thereto, have signed this Protocol.

OPENED for signature in Kingston, between 17 and 28 August 1998, in a single original in English, Arabic, Chinese, English, French and Russian.

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 1. 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 the 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, the 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 prevent 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 the 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 prevent 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 thirdparty 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 prevent 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 the 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, accepts or approves 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 February to ratify, approve, accept or access 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 Plenipotentiaries Arbitration Forum, being authorized thereto, have signed Surani the Protocol.

OPENED FOR SIGNATURE at Kingston, the day of one thousand nine hundred and ninety-eight, in a single original, in the Arabic, Chinese, English, French, Russian and Spanish languages.