EXPOSE REASONS

The United Nations Convention on the Law of the Sea, signed on 10 December 1982 in Montego Bay and, ratified by Senegal on 25 October 1984, provides in Article 177 that " The International Seabed Authority (ISA) shall enjoy, in the territory of each State Party, the privileges and immunities provided for in sub-section G of Section 4 of Part XI of the Convention.

However, considering that additional privileges and immunities are required by the International Seabed Authority (ISA) for the proper exercise of its functions, the Conference of the States Parties to the Convention 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 ISA.

The International Seabed Authority (ISA) is the body through which the States Parties to the United Nations Convention on the Law of the Sea organize and monitor the exploration and exploitation of the mineral resources of the oceans and the funds Seafarers beyond the limits of national jurisdiction.

Senegal signed the Protocol on the Privileges and Immunities of ISA on 26 August 1998 at the headquarters of the ISA at an official ceremony to that effect.

Composed of 22 articles, in addition to its preamble, the Protocol on the Privileges and Immunities of ISA, entered into force on 31 March 2003, thirty (30) days after the deposit of the tenth (10th) instrument of ratification in accordance with Article 18 of that Protocol. Text.

The Protocol provides, inter alia, with the following facilities, with regard to the Institution, its staff (officials and experts on mission) and finally representatives of the Member States:

-recognition of the legal personality of ISA in order to contract, acquire and dispose of movable and immovable property, and to sue; (Article 3)
-inviolability of ISA premises; (Article 4).
-inviolability of all ISA documents and documents;
-financial privileges of ISA to purchase all currencies through authorized channels, hold and transfer funds; (Article 5);
-immunity from jurisdiction, arrest or detention granted to officials of ISA, experts on mission on behalf of ISA, and representatives of members, for their words, writings and all acts performed by them in The performance of their duties; (Sections 7, 8 and 9)
-tax exemption for ISA staff on the salaries and emoluments they receive from ISA.

Any dispute between the ISA and any of its members concerning the interpretation or application of the said Protocol shall be settled by means of consultation, negotiation or other agreed means of dispute settlement or arbitration (Article 14).

Any State Party may denounce the Protocol by written notification addressed to the Secretary-General of the United Nations, depositary of the said Protocol. Denunciation shall take effect one year after the date of receipt of such notification (Article 20).

As of March 25, 2013, 36 member states of the ISA have ratified the Protocol, including five African countries (Cameroon, Egypt, Mozambique, Nigeria and Togo).

By ratifying this Protocol, Senegal would only consolidate its commitments in accordance with the United Nations Convention on the Law of the Sea, of which it is a member.

This is the economy of this Act.

The National Assembly adopted at its meeting on Thursday 25 June 2015;

The President of the Republic enacts the following legislation:


Sole Article. -The President of the Republic is authorized to ratify the Protocol on the Privileges and Immunities of the International Seabed Authority (ISA), adopted on 27 March 1998, in New York.

This Law shall be enforced as the law of the State.

Done at Dakar, July 6, 2015


Macky SALL.

By the President of the Republic:

The Prime Minister,
Mahammed Boun Abdallah DIONNE

PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL SEABED AUTHORITY

The States Parties to this Protocol

Recognizing that the United Nations Convention on the Law of the Sea establishes the International Seabed Authority,

Recalling that article 176 of the United Nations Convention on the Law of the Sea provides that the Authority possesses international legal personality and has the legal capacity to carry out its functions and reach its Goals.

Noting that article 177 of the United Nations Convention on the Law of the Sea provides that the Authority shall enjoy, in the territory of each State Party to the Convention, the privileges and immunities provided for in sub-section G of section 4 of the Convention Part XI of the Convention and the privileges and immunities relating to the Enterprise are provided for in Article 13 of Annex IV,

Considering that certain additional privileges and immunities are necessary for the International Seabed Authority to carry out its functions.

Have agreed as follows:

Article 1. -Use of terms

For the purposes of this Protocol:

A) the term " Authority " Designates 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 on 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, the provisions of this Agreement and those of Part XI of the Convention shall be interpreted and applied together as a single instrument, this Protocol and the references in this Protocol to the Convention must be interpreted and applied in the same way;
D) the term " Enterprise " Means the body of the Authority 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 that is a member of the Authority on an interim basis pursuant to paragraph 12, letter a, of section 1 of the Annex to the Agreement;
(f) the term Representatives " Designates representatives, alternate representatives, advisers, technical experts and secretaries of delegations;
(g) " Secretary-General " Designates the Secretary-General of the International Seabed Authority.

Article 2. -General provisions

Without prejudice to the legal status and privileges and immunities granted to the Authority and to the Enterprise set out respectively in sub-section G of Section 4 of Part XI and Article 13 of Annex IV to the Convention, any State shall Part of this Protocol shall accord to the Authority and its bodies, representatives of the members of the Authority, to officials of the Authority and to experts on mission on behalf of the Authority the privileges and immunities specified in the present Protocol.

Article 3. -Legal personality of the Authority

1. The Authority has international legal personality. It has the capacity:

(a) contract;
(b) to acquire and dispose of movable and immovable property;
(c) to sue.

Article 4. -Inviolability of the premises of the Authority

The premises of the Authority shall be inviolable.

Article 5. -Financial facilities granted to the Authority

Without being bound by any financial control, regulation or moratorium, the Authority may freely:

(a) to purchase, hold and dispose of all currencies through authorized channels;
(b) hold any funds, values, gold, precious metals or currency and have accounts in any currency;
(c) transfer its funds, values, gold or currency from one country to another or within any country and convert any currency held by it into any other currency.

2. In the exercise of the rights granted to it under paragraph 1 of this article, the Authority shall take due account of any representation that may be made to it by the Government of any of its members, to the extent that It feels that it can act on it without harming its interests.

Article 6. -Flag and emblem

The Authority shall have the right to display its flag and emblem on its premises and on its official vehicles.

Article 7. -Representatives of the members of the Authority

Representatives of the members of the Authority at meetings convened by the Authority shall enjoy, during the performance of their duties and during their journey to or from the place of the meeting, the following privileges and immunities:

(a) immunity from jurisdiction for their words, writings and all acts performed by them in the performance of their duties, except to the extent that the member they represent expressly waives them in a particular case;
(b) the immunity from arrest or detention and the same immunities and facilities in respect of their personal baggage as those accorded to diplomatic agents;
(c) inviolability of all documents and documents;
(d) the right to use codes and receive documents or correspondence by mail or suitcase;
(e) the exemption, for themselves and their spouses, of all restrictive measures relating to immigration, of all formalities for the registration of foreigners or of all national service obligations in the State in which they surrender or by which they Transit through the performance of their duties;
(f) the same facilities in respect of their foreign exchange transactions as those accorded to
Representatives of foreign governments of comparable rank on a temporary official mission.

2. With a view to ensuring the representatives of the members of the Authority a complete freedom of speech and independence in the exercise of their functions, immunity from jurisdiction for all acts performed by them in the course of those functions Continue to be granted even when they have ceased to represent a member of the Authority.

3. For the purposes of any form of taxation subject to residence, the periods during which the representatives of the members of the Authority at meetings convened by the Authority are situated in the territory of a member of the Authority for the financial year Their duties are not considered periods of residence

4. Privileges and immunities shall be accorded to representatives of the members of the Authority not for their personal benefit but in order to guarantee their independence in the performance of the duties they perform with the Authority. Therefore, any member of the Authority has the right and the duty to waive the immunity of his representative in all cases where, in his opinion, it would prevent justice being done and can be waived without prejudice to the purpose for which it was granted.

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

(6) The provisions of paragraphs 1, 2 and 3 shall not be binding on the authorities of the member of the Authority of which the person concerned is a national or of whom he is or has been the representative.

Article 8. -Officials

The Secretary-General shall determine the categories of officials to which the provisions of paragraph 2 of this article apply. He shall submit the list to the Assembly and shall then communicate it to the governments of all members of the Authority. The names of officials included in these categories shall be communicated periodically to the Governments of the members of the Authority.

2. Officials of the Authority, whatever their nationality, shall enjoy the following privileges and immunities:

(a) immunity from jurisdiction for their words, 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) the treatment exemption and
Emoluments they receive from the Authority or any other form of payment made to them by the Authority;

(d) exemption from all obligations relating to the national service, however, it is understood that this provision is binding on the States of which they are nationals only for officials of the Authority whose name has been registered, on account of Of their duties, on a list drawn up by the Secretary-General and approved by the State concerned, for the other officials of the Authority, in the event of an appeal to the national service, the State concerned shall grant, at the request of the Secretary-General, the stay Necessary to prevent the person concerned from interrupting essential tasks;

(e) the exemption, for themselves, their spouses and their dependents, of all restrictive immigration measures and of all formalities for the registration of foreigners;

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

(g) the right to import duty free of their furniture and effects on the occasion of their first taking of duties in the country concerned;

(h) the exemption from inspection of their personal baggage, unless there are substantial grounds to believe that they contain articles that are not for personal use or items for which the import or export is Prohibited by the legislation or subject to the quarantine regulations of the party concerned, in such a case the inspection shall be carried out in the presence of the official, and in the case of official luggage, in the presence of the Secretary-General or his representative Authorized;

(i) in times of international crisis, the same repatriation facilities, for themselves, their spouses and their dependents, than those accorded to diplomatic agents.

In addition to the privileges and immunities specified in paragraph 2, the Secretary-General or any official who replaces it in his absence and the Director-General of the Enterprise and their spouses and minor children shall enjoy the same Privileges, immunities, exemptions and facilities accorded to diplomatic agents in accordance with international law.

4. Privileges and immunities are granted to civil servants not for their personal benefit but in order to guarantee their independence in the performance of their duties with the Authority. The Secretary-General has the right and the duty to waive the immunity of any public servant when, in his opinion, such immunity would prevent justice being done, and may be waived without prejudice to the interests of the Authority. As far as the Secretary-General is concerned, the Assembly has the right to waive the immunities.

5. The Authority shall cooperate at any time with the competent authorities of its members with a view to facilitating the proper administration of justice, ensuring compliance with police regulations and avoiding any possible abuse of Privileges, immunities and facilities referred to in the present.

6. Officials of the Authority shall be required to have for all vehicles that 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), when performing a task for the Authority, shall enjoy, during the duration of that mission, including travel time, the privileges and immunities required to exercise their Functions independently. In particular, they shall enjoy the following privileges and immunities:

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

(b) the total immunity of jurisdiction for their words, writings and acts performed by them in the performance of their duties. This immunity is to be granted even when they have ceased to carry out missions for the Authority.

(c) The inviolability of all papers and documents;

(d) The right, for their communications with the Authority, to make use of codes and to receive documents or correspondence by mail or suitcase;

(e) The exemption from taxation on the salaries and emoluments they receive from the Authority or any other form of payment made to them by the Authority. This provision shall not be binding on the member of the Authority of which the person concerned is a national;

(f) The same monetary or foreign exchange facilities accorded to representatives of foreign governments on temporary official missions.

2. Privileges and immunities shall be granted to the experts not for their personal benefit but in order to guarantee their independence in the performance of the duties they perform with the Authority. The Secretary-General has the right and the duty to waive the immunity of any expert when, in his opinion, it would prevent justice being done, and may be waived without prejudice to the interests of the Authority.

Article 10. -Compliance with laws and regulations

Without prejudice to their privileges and immunities, all persons referred to in Articles 7, 8 and 9 shall be bound by the laws and regulations of the member of the Authority in whose territory they are located or by the territory of which they Transit through the authority of the Authority. They are also required to refrain from interfering in the internal affairs of that member.

Article 11. -Letting-pass and visas

1. Without prejudice to the possibility of the Authority issuing its own travel documents, the States Parties to this Protocol recognizing and accepting the United Nations laissez-passer issued to officials of the Authority.

2. Where visas are required, applications by officials of the Authority, applications by officials of the Authority holding a United Nations laissez-passer, shall be given as soon as possible. Must be accompanied by a certificate certifying that they are officially travelling to the Authority.

Article 12. -Relationship between the Headquarters Agreement and the Protocol

The provisions of this Protocol shall complement those of the Headquarters Agreement. To the extent that a provision of this Protocol and a provision of the Headquarters Agreement relate to the same subject matter, the two provisions shall, wherever possible, be considered complementary, so that they are both And that none of them has a restrictive effect on the other, however, in the event of a conflict, the provisions of the Headquarters Agreement shall prevail.

Article 13. -Additional agreements

This Protocol shall not affect or restrict in any way the privileges and immunities which the Authority may have obtained or may subsequently obtain from one of its members due to the establishment of its headquarters or regional offices on the Territory of the latter. It does not prohibit the conclusion of additional agreements between the Authority and any of its members.

Article 14. -Settlement of disputes

With regard to the implementation of the privileges and immunities granted under this Protocol, the Authority shall make appropriate arrangements for the satisfactory resolution of:

(a) disputes under private law to which it is a party;

(b) disputes involving any official of the Authority or any expert on assignment on behalf of the Authority which, because of its official functions, enjoys immunity, if it has not been lifted by the Secretary-General.

2. Any dispute between the Authority and one of its members concerning the interpretation or application of this Protocol which is not settled by means of consultation or negotiation or by another agreed method of dispute settlement in the Three months after the filing of an application by one of the parties to the dispute shall, at the request of either of the parties, be referred to a panel of three arbitrators whose award shall be final and binding:

(a) 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 to be appointed by the first two arbitrators;

(b) if either party 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 shall proceed 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 shall select the third arbitrator at the request of the Secretary-General or the other party to the dispute.

Article 15. -Signature

This Protocol shall be open for signature by all members of the Authority at the headquarters of the International Seabed Authority in Kingston, Jamaica, from 17 to 28 August 1998, and thereafter at United Nations Headquarters in New York until 16 August 2000.

Article 16. -Ratification

This Protocol shall be subject to ratification, approval or acceptance. Instruments of ratification, approval or acceptance shall be deposited with the Secretary-General of the United Nations.

Article 17. Accession

This Protocol shall remain open for accession by all members of the Authority. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 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 who will ratify, approve, accept or accede to it 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.

Article 19. -Provisional application

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

Article 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 the notification indicates a later date.

(2) In the event of denunciation, any State Party shall remain obligated to comply with any obligation under this Protocol to which the periodic penalty is imposed under international law, irrespective of the Protocol.

Article 21. -Depositary

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

Article 22. -Authentic texts

The Arabic, Chinese, English, French, Russian and Spanish texts of this Protocol shall be equally authentic.

In witness whereof, the undersigned plenipotentiaries, duly authorized to that effect, have signed the Protocol.

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