Act No. 2015-17 Of 06 July 2015

Original Language Title: Loi n° 2015-17 du 06 juillet 2015

Read the untranslated law here: http://www.jo.gouv.sn/spip.php?article10407

Act No. 2015-17 of 06 July 2015 Act No. 2015-17 of 06 July 2015 authorising the President of the Republic to ratify the Protocol on the privileges and immunities of the International Seabed Authority (ISA) seafarers, adopted on 27 March 1998 in New York statement of reasons the United Nations Convention on the law of the sea, signed in Montego Bay on 10 December 1982 and ratified by Senegal on 25 October 1984, has 177 article that "the International Seabed Authority (ISA) shall enjoy in the territory of each State party, of the privileges and immunities provided in subsection G of section 4 of part XI of the Convention".

However, considering that other privileges and additional immunities are necessary for the International Seabed Authority (ISA) so that it can properly exercise its functions, the Conference of the States parties to the Convention of the United Nations on the law of the sea adopted, by consensus, on 27 August 1998, in New York. the Protocol on the privileges and immunities of the ISA.

The International Seabed Authority (ISA) is the body through which States parties to the Convention on the law of the Sea United Nations organize and control the exploration and exploitation of mineral resources of the oceans and the seabed beyond the limits of national jurisdiction.

Senegal signed on August 26, 1998 the Protocol on the privileges and immunities of the ISA, at the headquarters of the ISA in a formal ceremony held for that purpose.

Consisting of 22 articles, in addition to its preamble, the Protocol on the privileges and immunities of the ISA, entered into force March 31, 2003, thirty (30) days after the deposit of the tenth (10th) instrument of ratification in accordance with article 18 of the text.

The Protocol provides, inter alia, the facilities below, to the Institution, of its staff (officials and experts on mission) and finally the representatives of the Member States:-recognition of the legal personality of the ISA to contract, to acquire and dispose of movable and immovable property, and to institute legal proceedings; (section 3) - inviolability of the premises of the ISA; (article 4).
-inviolability of all papers and documents of the ISA;
-privileges of financial order of the ISA to purchase any currencies through authorized channels, hold and transfer funds; (article 5);
-immunity from legal process, arrest or detention granted to officials of the ISA, experts on mission on behalf of the ISA, and the representatives of members, for their words, their writings and all acts performed by them in the exercise of their functions; (articles 7, 8 and 9) - tax exemption to the staff of the ISA on the salaries and emoluments they receive from the ISA.

Any dispute between the ISA and one of its members concerning the interpretation or application of the Protocol is set by way of consultation, negotiation or any other means agreed to settlement of disputes by arbitration (article 14).

Any State party may denounce the Protocol by way of a written notification addressed to the Secretary-General of the United Nations, depositary of the Protocol. The denunciation shall take effect one year after the date of receipt of the said notification (article 20).

The date of March 25, 2013, 36 ISA Member States have ratified the Protocol, including five countries Africa (Cameroon, Egypt, Mozambique, Nigeria and Togo).

By ratifying this Protocol, Senegal would that strengthen its commitments in accordance with the United Nations Convention on the law of the sea, of which he is a member.

Such is the economy of this Act.


The National Assembly adopted in its session of Thursday, June 25, 2015;

The President of the Republic enacts the law whose content follows: sole Article. -The President of the Republic is authorised to ratify the Protocol on the privileges and immunities of the International Seabed Authority (ISA), adopted on 27 March 1998, in New York.

This Act will be enforced as law of the State.

Made in Dakar, July 06, 2015 Macky SALL.

By the President of the Republic: the Prime Minister, Mahammed Boun Abdallah DIONNE Protocol on PRIVILEGES and immunities of the authority international of Fund sailors the States Parties to the present Protocol whereas 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 has international legal personality and legal capacity which It is necessary to perform its functions and achieve its goals.

Noting that article 177 of the Convention of the United Nations on the law of the Sea provides that the authority shall enjoy in the territory of each State party to the Convention of privileges and immunities provided for in subsection G of section 4 of part XI of the Convention and that the privileges and immunities relating to the company are laid down in article 13 of annex IV Considering that certain additional privileges and immunities are necessary for the International Seabed Authority to exercise its functions.

Have agreed as follows: Article 1. (– Use of terms for the purposes of this Protocol: a) "Authority" means the International Seabed Authority;

(b) the term "Convention" means the Convention of the United Nations on the law of the sea of 10 December 1982;
(c) the term "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. Under the agreement, the provisions thereof and those of part XI of the Convention shall be interpreted and applied together as a single instrument, this Protocol and references in this Protocol to the Convention should be interpreted and applied;
(d) the term "Company" means the organ of the authority thus referred to in the Convention.
(e) the term "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 in accordance with paragraph 12, letter a, section 1 of the annex to the agreement;
(f) the term "representatives" means representatives, alternate representatives, advisers, technical experts and Secretaries of delegations;
(g) "Secretary-General" means the Secretary-General of the International Seabed Authority.

Section 2. -General provisions without prejudice to the legal status and the privileges and immunities granted to the authority and the company respectively provided in subsection G of section 4 of part XI and article 13 of annex IV of the Convention, any State party to the present Protocol gives to the authority and its organs, the representatives of the members of the authority Authority officials and experts on mission on behalf of the authority the privileges and immunities specified in this Protocol.

Article 3. -Legal personality of the Authority 1. the authority has international legal personality. It has the capacity: a) to contract;
b) to acquire and dispose of movable and immovable property;
c) to institute legal proceedings.

Article 4. -Inviolability of the premises of the authority the premises of the authority shall be inviolable.

Article 5 -Facilities of a financial nature granted to the Authority 1. Without being restricted to any verification, regulation or financial moratorium, the authority may freely: a) purchase any currencies through authorized channels, hold and dispose of it;
(b) hold funds, values, gold, precious metals or currency any kind and operate accounts in any currency;
(c) transfer its funds, its values, its gold or its currency from one country to another or within a country any and convert any currency held by it into any other currency.

2. in the exercise of the rights granted to him under the terms of paragraph 1 of this article, the authority shall take due account of all representations that may be made to him by the Government of one or another of its members, insofar as it considers to be able to respond without harming its interests.

Section 6. -Flag and emblem the authority shall be entitled to display its flag and its emblem on its premises and its official vehicles.

Section 7. -Representatives of the members of the Authority 1. The representatives of the members of the authority at meetings convened by it shall enjoy, during the exercise of their duties and during their travel to destination or from the place of meeting, the following privileges and immunities: a) immunity for their words, their writings and all acts performed by them in the exercise of their functions, except to the extent where the Member they represent renounces specifically in a particular case;
b) immunity from arrest or detention and the same immunities and facilities in respect to their baggage personal as those 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 bags;
e) the exemption for themselves and their spouse, all restrictive measures relating to immigration, registration of foreigners or all obligations of national service in the State where they are visiting or through which they pass in the exercise of their functions;
(f) the same facilities in what concerns their foreign exchange than those granted to the

representatives of foreign Governments of comparable rank on temporary official missions.

2. in order to ensure to the representatives of members of the authority a freedom of speech and independence complete in the exercise of their functions, immunity for all acts performed by them in the framework of the said functions continues to their same be granted when they have ceased to represent a member of the authority.

3. for the purposes of any form of taxation conditional upon residence, periods during which the representatives of members of the authority at meetings convened by it are present in the territory of a member of the authority for the discharge of their duties are not considered periods of residence 4. Privileges and immunities are granted to the representatives of the members of the authority not for their personal benefit but to ensure their independence in the exercise of the functions they perform with the authority. Therefore, any member of the authority has the right and the duty to waive the immunity of its representative in any case where, in his opinion, it would prevent justice and can be waived without prejudice to the purpose for which it was granted.

5. representatives of the members of the authority are required to have for all vehicles they own or use the insurance of liability required by laws and regulations of the State in which the vehicles are used.

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

Section 8. -Officials 1. The Secretary-General sets out the categories of officials to which the provisions of paragraph 2 of this article. It shall submit the list to the Assembly and then gives communication to the Governments of all members of the authority. The names of the officials included in these categories shall be communicated periodically to the Governments of the members of the authority.

2. the officials of the authority, regardless of their nationality, enjoy the following privileges and immunities: a) immunity for their words, their writings and all acts performed by them in their official capacity;

(b) immunity from arrest or detention for acts performed by them in their official capacity;

(c) exemption from taxation on the salaries and emoluments they receive the authority or any other form of payment making it;

(d) exemption from all obligations relating to national service, understanding, however, that this provision is opposable to the States of which they are nationals for officials of the authority whose name has been entered, due to their functions, on a list prepared by the Secretary-General and approved by the Member State concerned for other officials of the authority, in the event of national service call , the State provides, at the request of the Secretary-General, the relief necessary to avoid that the person concerned has to interrupt essential tasks;

e) exemption, for themselves, their spouses and relatives dependent on them, all restrictive measures relating to immigration and registration of aliens;

(f) the same privileges and facilities burden those accorded to officials of comparable rank in diplomatic missions accredited to the Governments concerned;

(g) the right to import free of duty their furniture and effects at the time of their first shooting functions in the country concerned;

(h) exemption from inspection of their personal baggage, unless there are serious grounds to believe that they contain articles that are not intended for personal use or articles the import or export is prohibited by law or subject to the quarantine regulations of the party concerned, in such a case, the inspection is done in the presence of the official , and if it is official baggage, in the presence of the Secretary-General or his authorized delegate;

(i) in times of international crisis, the same repatriation facilities, for themselves, their spouses and members of their families in their care, as are accorded to diplomatic agents.

3. in addition to the privileges and immunities specified in paragraph 2, the Secretary-General or any official replaced in his absence and the Director general of the company so that their spouse and their minor children shall enjoy the same privileges, immunities, exemptions and facilities as those accorded to diplomatic envoys, in accordance with international law.

4. the privileges and immunities are granted to officials not for their personal benefit but to ensure their independence in the exercise of the functions they perform with the authority. The Secretary-General has the right and the duty to waive the immunity of any official where, in his opinion, it would prevent justice and can be waived without prejudice to the interests of the authority. Regarding the Secretary-general, it is the Assembly which has standing to pronounce the lifting of immunities.

5. the authority works at all times with the competent authorities of its members to facilitate the proper administration of justice, secure the observance of police regulations and prevent any abuse in which the privileges, immunities and facilities referred to in this.

6. the officials of the authority are required to have for all vehicles they own or use the liability insurance required by the laws and regulations of the State concerned.

Article 9 -Experts on mission on behalf of the Authority 1. Experts (other than officials referred to in article 8), while performing a mission for the authority, shall enjoy, for the duration of this mission, including time travel, privileges and immunities required to perform their functions in full independence. They have in particular the following privileges and immunities: a) the immunity from arrest or detention and from seizure of their personal baggage;

b) total immunity for their lyrics, their writings and acts performed by them in the performance of their duties. This immunity is to be accorded even when they stopped to carry out missions for the authority.

(c) inviolability of all papers and documents;

(d) the right of their communications with the authority, to use codes and to receive papers or correspondence by courier or sealed bags);

(e) exemption from taxation on the salaries and emoluments they receive the authority or any other form of payment making it. This provision is not opposable to the Member of the authority which the person is a national;

f) the same monetary facilities or Exchange as are accorded to representatives of foreign Governments on temporary official missions.

2. privileges and immunities are granted to experts not for their personal benefit but to ensure their independence in the exercise of the functions they perform with the authority. The Secretary-General has the right and the duty to waive the immunity of any expert where, in his opinion, it would prevent justice and can be waived without prejudice to the interests of the authority.

Section 10. -Compliance with laws and regulations without prejudice to their privileges and immunities, all persons referred to in articles 7, 8 and 9 are required to respect the laws and regulations of the Member of the authority on whose territory they are located or through whose territory they pass in the service of the authority. They are also required to refrain from interfering in the internal affairs of this member.

Section 11. -Passes and visas 1. Without prejudice to the possibility that the authority shall issue its own travel documents, the States Parties to this Protocol grateful and accept the laissez-passer of the United Nations issued to officials of the authority.

2 when visas are required, it shall be met as soon as possible to applications filed by officials of the authority, applications filed by officials of the authority holding United Nations laissez-passer shall be accompanied by a certificate stating that these travel officially to the service authority.

Section 12. -Relationship between the headquarters agreement and the Protocol the provisions of this Protocol supplement those of the headquarters agreement. To the extent that a provision of this Protocol and any provision of the headquarters agreement relate to the same subject, the two provisions are, whenever possible, be considered as complementary, so that they are both applicable and that none of them has on the other a restrictive effect, however, in case of conflict, these are the provisions of the headquarters agreement, which take precedence.

Article 13. -Additional agreements this Protocol calls into question or restrict anything the privileges and immunities that the authority was able to obtain, or which they may subsequently obtain one of its members due to implantation of its headquarters or regional offices in the territory of the latter. It does not prohibit the conclusion of additional agreements between the authority and one or other of its members.

Section 14. -Settlement of disputes


1. concerning the practical implementation of the privileges and immunities granted under the present Protocol, the authority shall make arrangements appropriate for the satisfactory settlement: a) of private law disputes to which it is party;

(b) disputes involving any official of the authority or any expert on mission on behalf of the authority that enjoys immunity, if it has not been waived by the Secretary-General because of his official duties.

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 or negotiation or by another means agreed the dispute within three months of the filing of an application by one of the parties to the dispute is referred, at the request of either of parties (, before a panel of three arbitrators whose award shall be final and binding: has) one of the arbitrators to be appointed by the Secretary-General, a second to be designated by the other party to the dispute and the third, who will assume the Presidency, to be chosen by the first two arbitrators;

(b) if one or other 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 Tribunal for the law of the sea process to the appointment. If the first two arbitrators fail to agree on the choice of the third arbitrator within three months of their appointment, the President of the international Tribunal for the law of the sea chooses the third arbitrator at the request of the Secretary-General or of the other party to the dispute.

Section 15. -Signing the Protocol will be open for signature by all members of the authority at the headquarters of the international authority of the seabed in Kingston (Jamaica) from 17 to 28 August 1998, then at United Nations Headquarters in New York until 16 August 2000.

Section 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 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.

Section 18. -Entry into force 1. This 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 ratify, approve it, accepts 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 date of deposit of the instrument of ratification, approval, acceptance or accession.

Section 19. -Provisional application any State which intend to ratify, approve or accept the present Protocol or accede may, at any time, notify the depositary that it will apply provisionally for a period not exceeding two years.

Section 20. -Denunciation 1. Any 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 it indicates a later date.

2. in the event of termination, any State party will remain bound to fulfil any obligations laid down in this Protocol to which it required international law regardless of the Protocol.

Section 21. -Depositary the Secretary-General of the United Nations shall be the depositary of this Protocol.

Section 22. -Texts being authentic texts English, Arabic, Chinese, Spanish, french and Russian of this Protocol are equally authentic.

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

Opened for signature at Kingston, on 26 August 1998, in a single original in the languages English, Arabic, Chinese, Spanish, French and Russian.