Key Benefits:
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.