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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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MOTION FOR RESOLUTION No. 29 /X

Attending to which Portugal is a part of the United Nations Convention on the Law of the

Mar, adopted on December 10, 1982;

Considering that the United Nations Convention on the Law of the Sea hereby institutes the

International Authority of Marine Funds;

Recognizing that some additional privileges and immunities are required by

exercise of the functions of the International Authority of Marine Funds;

Having Portugal signed, on April 6, 2000, the Protocol on Privileges and

Immunities of the International Authority of Marine Funds;

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution:

Approves, for ratification, the Protocol Relating to the Privileges and Immunities of the

International Authority of the Marine Funds, open to subscription in Kingston, between

17 and August 28, 1998, the text of which, in the English language version and respective

translation in Portuguese language, it publishes in annex.

Seen and approved in Council of Ministers of November 17, 2005

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE

INTERNATIONAL AUTHORITY OF MARINE FUNDS

The States Parties to this Protocol

Considering that the United Nations Convention on the Law of the Sea hereby institutes the

International Authority of Marine Funds,

Recalling that, pursuant to Article 176º of the United Nations Convention on the

Law of the Sea, the Authority has international legal personality and capacity

legal necessary to the exercise of its functions and to the pursuit of its objectives,

Noting that, pursuant to Article 177º of the United Nations Convention on the

Right of the Sea, the Authority shall enjoy, in the territory of each State Party, of the privileges and

implants 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 the

annex IV.

Recognizing that some additional privileges and immunities are required by

exercise of the functions of the International Marine Funds Authority,

have agreed on the following:

Article 1.

Definitions

For the purposes of this Protocol, it is understood by:

(a) "Authority", the International Authority of Marine Funds;

(b) "Convention", the United Nations Convention on the Law of the Sea of 10 of

December 1982;

(c) "Agreement", the Agreement relating to the Application of Part XI of the Convention of Nations

United on the Law of the Sea of December 10, 1982. In compliance with the

Agreement, the provisions of this and the Part XI of the Convention shall be interpreted and

applied together as a single instrument. The present Protocol and the

references in it contained in the Convention shall be interpreted and applied in

compliance;

(d) "Company", the organ of the Authority under the Convention;

(e) "Member of the Authority":

(i) The whole State Party to the Convention; and

(ii) States or entities that are provisional members of the

Authority, in accordance with point (a) of paragraph 2 of the Annex to the Agreement;

(f) "Representatives", the representatives, holders and alternates, consultants, experts

technicians and secretaries of the delegations;

(g) "Secretary-General", the Secretary-General of the International Funds Authority

Marine.

Article 2.

General provisions

Without prejudice to the legal status, privileges and immunities granted to

Authority and the Company pursuant to section 4, subsection G of Part XI and of the article

13. of the Annex to the Convention respectively, each State Party in this Protocol shall

granting the Authority and respective bodies, the representatives of the members of the

Authority, the officials of the Authority and the experts who carry out assignments

on account of the Authority the privileges and immunities established in the present

Protocol.

Article 3.

Legal personality

1. The Authority shall enjoy legal personality. Has capacity for:

(a) hire;

(b) acquire and dispose of real estate and furniture;

(c) be in judgement.

Article 4.

Inviolability of the premises of the Authority

The premises of the Authority are inviolable.

Article 5.

Facilities of financial character granted to the Authority

Without being subject to any kind of control, regulation or moratorium of character

financial, the Authority can freely:

(a) acquire any foreign exchange by the authorised routes, as well as possesses them and them

have;

(b) possess funds, securities, gold, precious metals or foreign exchange of any kind and

move around accounts in any currency;

(c) transfer your funds, securities, gold or foreign exchange from one country to another, or in the

interior of a same country, and convert any currency that holds in another currency;

2. In the exercise of the rights conferred upon it pursuant to paragraph º1 of the present

article, the Authority should give due consideration to any comments

carried out by the Government of each of its members, to the extent that it considers

be able to follow up without prejudice to their own interests.

Article 6.

Flag and emblem

The Authority has the right to fly its flag and emblem in the respective

facilities and vehicles used for official purposes.

Article 7.

Representatives of the members of the Authority

1. The representatives of the members of the Authority participating in the meetings

convened by the Authority shall enjoy, in the exercise of its functions and on the occasion of the

displacements to and from the meeting place, of the following privileges and immunities:

(a) Immunity of jurisdiction with respect to statements, oral or written, and to all

acts by them practiced in the performance of their duties, except to the extent that the

member that they represent to her renounce expressly in a particular case;

(b) Immunity of arrest and detention and, in respect of personal baggage, the same

immunities and facilities that are granted to diplomatic agents;

(c) Inviolability of all papers and documents;

(d) The right to use codes and to receive documents or correspondence by

mail or in sealed suitcase;

(e) Exemption for you and your spouses from restrictions on immigration, formalities of

registration of foreigners and military service obligations in the state in which they find themselves

on a visit or transit in the exercise of their duties;

(f) The same facilities in respect of foreign exchange restrictions that are granted to the

representatives of foreign governments, of equivalent category, on official mission

temporary;

2. With a view to ensuring the representatives of the members of the Authority a broad

freedom of expression and full independence in the exercise of its functions, the

immunity from jurisdiction with respect to the acts by them practiced in the exercise of the

their duties, should continue to be granted to them even after they have left

be representatives of the members of the Authority.

3. Where the subjection to a tax depends on the residence, the periods during the

which representatives of the members of the Authority participating in the meetings of this,

find themselves in the territory of a member of the Authority for the exercise of their

functions will not be considered as periods of residence.

4. The privileges and immunities are not granted for the personal benefit of the

representatives of the members of the Authority, but to enable the performance

independent of its functions related to the Authority. Therefore, the whole

member of the Authority has not only the right as well as the duty to lift the

immunity assigned to your representative in any situation, whenever, in the understanding

of the member of the Authority, immunity may constitute an obstacle to justice and since

that can be raised without prejudice to the end for it has been granted.

5. The representatives of the members of the Authority shall have an insurance that

cover your liability for damage caused to third parties by vehicles belonging

or conducted by them, in accordance with the laws and regulations of the State in which the

vehicles are used.

6. The provisions of paragraph 1, 2 and 3 shall not be applicable between a representative and the authorities

of the member of the Authority of which he is a national or of which it is or has been

representative.

Article 8.

Employees

1. The Secretary-General shall determine the categories of officials to which the

provisions of paragraph º2 of this Article. The Secretary-General should submit the list to the

Assembly and then communicate it to the Governments of all members. The names

of the officials included in these categories should be communicated periodically

to the Governments of the members of the Authority.

2. Irrespective of your nationality, the officials:

(a) enjoy immunity from jurisdiction with regard to statements, oral or

written, and to all the acts by them practiced in the performance of their duties;

(b) shall enjoy immunity from imprisonment and detention in relation to acts by them practiced in the

its official quality;

(c) are exempt from taxes that are concerned with the salaries and emoluments paid

or any other type of payment made by the Authority;

(d) are exempt from military service obligations provided that, in relation to the country of which

are nationals, such immunity applies only to the officials of the Authority who, in

virtue of its functions, are listed in a list drawn up by the Secretary-General and

approved by the State concerned; as to the other officials of the Authority, in case

of mobilization for the military service, the State concerned shall, at the request of the

Secretary-General, grant the temporary postponements that prove necessary for

prevent the interruption of essential work;

(e) are not subject, as well as the spouses and family members to their post, to the

restrictions on immigration and the formalities of registration of foreigners;

(f) benefit from the same facilities in respect of foreign exchange restrictions that are

granted to the equivalent category employees belonging to missions

diplomatic accredited with the Governments in question;

(g) have the right to import the furniture and personal property, in franchise, on the occasion of the

commencement of duties in the country concerned;

(h) in relation to personal baggage are exempt from customs inspection. They can only be

subject to inspection if there are serious reasons to assume that the baggage contains objects

that are not intended for personal use or whose import or export is interspoken

by laws or submitted to the quarantine regulations of the Party concerned. This

inspection shall only be done in the presence of the employee concerned or, in the event of

official baggage, in the presence of the Secretary-General or his authorised representative.

(i) benefit, together with the spouses and family members to their office, of the

same facilities in respect of repatriation that are granted to the agents

diplomatic in period of international crisis.

3. In addition to the privileges and immunities provided for in paragraph 2, the Secretary-General or the whole

the employee who acts on his behalf in his absence, as well as the managing director of the

Company enjoy, jointly with their spouses and smaller children, of the same

privileges, immunities, exemptions and facilities that are granted by the right

international to diplomatic agents.

4. The privileges and immunities are not granted for the personal benefit of the

officials, but to enable the independent performance of their duties

related to the Authority. The Secretary-General has not only the right as

also the duty to lift the immunity assigned to the entire expert whenever, in their

understand, this immunity could constitute an obstacle to justice and as long as it can be

raised without prejudice to the interests of the Authority. In the case of the Secretary-General, the

Assembly should have the right to lift immunity.

5. The Authority should ensure continuous cooperation with the authorities

competent of its members in order to facilitate a good administration of Justice,

ensure compliance with police regulations and prevent any abuses to which

may give way to the privileges, immunities, exemptions and facilities provided for in the present

article.

6. In accordance with the laws and regulations of the State concerned, the officials of the

Authority should have an insurance that covers your liability for damages

caused to third parties by vehicles belonging to or conducted by them.

Article 9.

Experts in mission on account of the Authority

1. Experts (other than the officials referred to in Article 8) who perform

assignments to the Authority shall enjoy the privileges and immunities necessary for the exercise

independent of their duties during the period of their missions, including time

expended on the displacements related to its missions, and notably:

(a) enjoy immunity from arrest and detention and seizure of their personal baggage;

(b) shall enjoy immunity from jurisdiction with regard to statements, oral or

written, and to all the acts by them practiced in the performance of their duties. This

immunity should continue to be granted to them even after they have left

be at the service of the Authority;

(c) Inviolability of all papers and documents;

(d) for the purpose of communication with the Authority, they have the right to use codes and

receive documents or correspondence by mail or in sealed suitcase

(e) are exempt from taxes that are concerned with the salaries and emoluments paid

or any other type of payment made by the Authority. This provision does not

shall be applicable between an expert and the member of the Authority of which it is a national.

(f) The same facilities in respect of monetary or foreign exchange restrictions that are

granted to the representatives of foreign governments, of equivalent category, in

temporary official mission.

2. The privileges and immunities are not granted for the personal benefit of the experts,

but to allow the independent exercise of its functions related to the

Authority. The Secretary-General has not only the right, but also the duty, to

to lift the immunity assigned to the entire expert whenever, in his or her understanding, that

immunity can be an obstacle to justice and as long as it can be lifted without

prejudice to the interests of the Authority.

Article 10.

Respect for laws and regulations

Without prejudice to its privileges and immunities, all persons referred to in the Articles

7º, 8º and 9º have a duty to comply with the laws and regulations of the member of the Authority

on whose territory they are located or through which they transcend in the exercise of their

functions on account of the Authority. They also have an obligation not to interfere with the

internal affairs of that member.

Article 11.

Free-transit and visas

1. Without prejudice to the Authority being able to issue its own travel documents, the

States Parties to this Protocol should recognize and accept the free-transit of Nations

United issued to the officials of the Authority.

2. The visa applications, where required, when submitted by officials of the

Authority should be treated with the greatest possible brevity. The visa applications,

where required, when submitted by officials of the titular Authority of the

free-transit of the United Nations, should be accompanied by a document that

comprove that these employees travel on account of the Authority.

Article 12.

Relationship between the Sede Agreement and the Protocol

The provisions of this Protocol shall supplement the provisions of the Sede Agreement. In the

measure in which there is in this Protocol and in the Seof Agreement provisions on the same

subject, those provisions shall, as far as possible, be considered

complimentary so that both are applicable and none restrict the other,

owing, however, in the event of a conflict, the provisions of the Sede Agreement shall prevail.

Article 13.

Additional agreement

Nothing in the present Protocol should be interpreted as likely to restrict or

damage the privileges and immunities that have been or may henceforth come to be

granted by the Authority to one of its members by virtue of the location of the head office

or of the regional centres or offices of the Authority in the territory of that same

member. Nothing in the present protocol should be interpreted as preventing the

Authority to enter into additional agreements with any of its members.

Article 14.

Settlement of disputes

1. Regarding the application of the privileges and immunities granted in the terms of the

this Protocol, the Authority should take appropriate action with a view to

satisfactory resolution of disputes:

(a) of private law in which the Authority is a party;

(b) involving an employee of the Authority or an expert who performs assignments

for the Authority who, by virtue of his official post, enjoys immunity, if that

immunity has not been raised 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 resolved by consultation,

negotiation or by any other agreed method, within 3 months of the

date of the request of one of the Parties to the dispute, shall, at the request of one of those Parties,

be submitted to a court composed of three arbitrators for a final decision and

binding:

(a) a referee should be designated by the Secretary-General, another by the other Party in the

deferring and the third, who will chair the court, should be chosen by the first two

referees;

(b) If one of the Parties has not appointed a referee within two months of the

date of appointment of a referee by the other Party, the President of the International Court

of Law of the Sea shall make such an appointment. In case the first two arbitrators do not

reach an agreement on the appointment of the third arbitrator in the two months following the

date of its nominations, at the request of the Secretary-General or the other Party in the dispute,

the one should be appointed by the President of the International Court of Law of the Sea.

Article 15.

Signature

This Protocol shall be open for the signature of all the members of the Authority between

17 and August 28, 1998 at the head office of the International Marine Funds Authority

in Kingston, Jamaica, and then, at the headquarters of the United Nations, in

New York, until August 28, 2000.

Article 16.

Ratification

This Protocol shall be subject to ratification, approval or acceptance. The instruments

of ratification, approval or acceptance shall be deposited with the Secretary-General of the

Organization of the United Nations.

Article 17.

Membership

This Protocol is open to the accession of all members of the Authority. The

instruments of accession shall be deposited with the Secretary-General of the Organization of the

United Nations.

Article 18.

Entry into force

1. This Protocol shall enter into force 30 days after the date of the deposit of the tenth

instrument of ratification, approval, acceptance or accession.

2. For each member of the Authority to ratify, approve or acced to this Protocol

or to it adira after it has been deposited the tenth instrument of ratification,

approval, acceptance or accession, this Protocol shall enter into force on the thirtieth day

next to the date of deposit by such a 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 your intention to apply

provisionally, for a period of not more than 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 complaint will produce effects one year

after the date of receipt of the notification, unless this provides for an ulterior date.

2. The complaint in nothing affects the duty of any State Party to comply with all

obligations set out in this Protocol to which it is subject by force of law

international, regardless of that same Protocol.

Article 21.

Depositary

The Secretary-General of the United Nations shall be the depositary of this Protocol.

Article 22.

Authentic texts

The texts in English, Arabic, Chinese, Spanish, French and Russian of this Protocol

make equally faith.

IN FÉ THAN THE UNDERSIGNED PLENIPOTENTIARIES, duly authorized for the

effect, signed the present Protocol.

OPEN TO SUBSCRIPTION in Kingston, between 17 and August 28, 1998, in a single

exemplary, in English, Arabic, Chinese, Spanish, 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 of 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,

Activist 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 IVIV, 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 expected

and applied together as a single instrument; this Protocol and references in this Protocol

to the Convention are to be applied and applied thereof;

(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 Agreement;

(f) "representatives" means representatives, alternate representatives, advisers, technical

experts and secretaries of the thereof;

(g) "means" means the refrain of the International Seabed

Authority.

Article 2

General provision

Without prejudice to the legal status, privileges and immunities being granted to the

Authority and the Enterprise set forth in section 4, subsection G, of Part XI and Annex

IV, article 13, of the Convention Concerning, each State party to this Protocol shall

accord to the Authority and its organs, the representatives of members of the Authority,

Convicted 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 legally have 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 respect of its rights under paragraph 1 of this article, pay due

regard to any representations made by the Government of any member of the Authority

how to do it is considered that effect can be given to such representations without

I have to the interests of the Authority.

Article 6

Flag and emblem

The Authority shall be overcome 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's annual meetings convened by the

Authority shall, while revealling their functions and during their journey to and from

the place of meeting, enjoy the following privileges and immunities:

(a) banned 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 have expressly waives waives in a particular case;

(b) suspected from personal arrest or detention and the same immunities and facilities in

respect of their personal baggage as are covered 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 the opposition exchange restrictions as are elected 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 banned from

legal process in respect of all acts done by them in discharging their functions shall

continue to be vulnerable, notaccused 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 were to 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 elected 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.

Protests, a member of the Authority has the right and the duty to waive the

reveals of its representative in any case where in the opinion of the member of the

Authority the obstacle would prevent the course of justice, and it can be waived

without prejudice to the purpose for which the convicted is convicted.

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

From

1. The remaining will specify the categories of those to which the provisions

of paragraph 2 of this article shall apply. The answered shall submit these

categories to the Assembly. Answered these categories shall be answered to the

Government of all members of the Authority. The names of the included included in

these categories shall from time to time be made known to the Governments of

members of the Authority.

2. of the Authority, regardless of the authority of the Authority, shall:

(a) be banned from legal process in respect of words spoken or written and all acts

performed by them in their official capacity;

(b) be banned from personal arrest or detention in relation to acts performed by them in

their official capacity;

(c) be exempt from tax in respect of respect and emoluments paid or any other form of

payment made by the Authority;

(d) be banned from national service obligations provided that, in relation to States of

which they are national, such as shall be confined to the Authority of the Authority

whose names have, by reason of their duties, been placed upon a list compiled by the

Activist and approved by the State concerned; should other

Authority to be called up for national service, the State concerned shall, at the request of

the differently-granted, grant such temporary deferments in the call-up of such proceedings

may be necessary to avoid interruption in the excellent of essential work;

(e) be exempt, together with their spouses and relatives dependent on them, from

immigration restrictions and alien registration;

(f) be thereof the same privileges in respect of exchange facilities as they are to be

the judiciary of comparable ranks forming part of diplomatic missions to the

Government 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 thereof in the presence of

the official concerned, and in the case of official baggage, in the presence of the

An or her or her 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 they are deemed to be 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 discussions from duty and the

Director-General of the Enterprise shall be appointed in respect of themselves, their

spouses and minor children the privileges and immunities, exemptions and facilities

threatens to diplomatic envoys, in accordance with international law.

4. Privileges and immunities are required to be elected, 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 bling has the right and the

duty to waive the abolition of any official where, in the opinion of the Secretary-

General, the obstacle would prevent the course of justice, and it can be waived without

prejudice to the interests of the Authority. In case of the best, the

Assembly shall have the right to waive protests.

5. The Authority shall be charged at all times with the appropriate authorities of members

of the Authority to have the proper administration of justice, secure the peace

of police regulations and prevent the occurrence of any abuse in connection with the

privileges, immunities and facilities referred to in this article.

6. to be concerned with the laws and regulations of the State concerned, the Governing 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 larger coming within the scope of article 8) performing

missions for the Authority shall be elected 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 overcome:

(a) suffered 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, deposited from legal process of every kind. This carries shall continue

notstriking 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 gains 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 found to be

Representatives of foreign governments on temporary official missions.

2. Privileges and immunities are topical 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 abolition of any expert where, in the opinion of the Secretary-

General, the obstacle 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 the authorities of the Authority.

2. Applications for visas (where required) from depression of the Authority shall be dealt with

with the speedily as possible. Applications for visas (where required) from populations of

the Authority holding United Nations laissez-passer shall be accompanied by a

document goodness 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. Despite the any provision of this Protocol to the same

subject matter, the two provisions shall, as a possible, be possible, be

complementary, so that both shall be applicable and neither shall we shall narrow the

effect of the other; but in any case of conflict, the provisions of that Agreement shall be

.

Article 13

Supplementary agreement

This Protocol shall in no way limit or prejudice the privileges and immunities which

have been, or may hereafter be, underway 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 overcome to prevent

the 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's official position enjoys opposition, if it reveals

has not been waived by the suffering.

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 request

by one of the parties to the dispute shall, at the request of a party, be referred to

final and binding decision to a panel of three arbitrators:

(a) one to be nominated by the best, 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

Court 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 opposition 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 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 overcome with the probability of the

United Nations.

Article 17

The

This Protocol shall remain open for accession by all members of the Authority. The

instruments of accession shall be an agreement 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, we have been able to restore this Protocol or

accedes accedes after the deposit of the tenth instrument of ratification, approval,

acceptance or acceptance, 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

State which states 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

two years.

Article 20

Denounation

1. A State Party may, by written notification to the Secretary-

General of the United Nations, denounce this Protocol. The denouncing shall take

effect one year after the date of receipt of the notification, unless the notification

a later date.

2. The denouncing 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 enforcement of this Protocol.

Article 21

Depositary

The Treaty 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 held authorized

have, have signed 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.