For the purposes of this Protocol:
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a) “Authority" means the International Seabed Authority;
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b) “Convention" means the United Nations Convention on the Law of the Sea of 10 December 1982;
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c) “Agreement" means the Agreement relating to the Implementation of Part XI of the United Nations
Convention on the Law of the Sea of 10 December 1982. In accordance with the Agreement,
its provisions and Part XI of the Convention are to be interpreted and applied together as a single instrument; this Protocol
and references in this Protocol to the Convention are to be interpreted and applied
accordingly;
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d) “Enterprise" means the organ of the Authority as provided for in the Convention;
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e) “member of the Authority" means:
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f) “representatives" means representatives, alternate representatives, advisers, technical
experts and secretaries of the delegations;
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g) “Secretary-General" means the Secretary-General of the International Seabed Authority.
Article 2. General provision
Without prejudice to the legal status, privileges and immunities accorded to the Authority
and the Enterprise set forth in section 4, subsection G, of Part XI and Annex IV, article 13, of the Convention respectively, each State party to this Protocol shall accord to the Authority and
its organs, the representatives of members of the Authority, officials of the Authority
and experts on mission for the Authority such privileges and immunities as are specified
in this Protocol.
Article 3. Legal personality of the Authority
Article 4. Inviolability of the premises of the Authority
The premises of the Authority shall be inviolable.
Article 5. Financial facilities of the Authority
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2 The Authority shall, in exercising its rights under paragraph 1 of this article,
pay due regard to any representations made by the Government of any member of the
Authority insofar as it is considered that effect can be given to such representations
without detriment to the interests of the Authority.
Article 6. Flag and emblem
The Authority shall be entitled to display its flag and emblem at its premises and
on vehicles used for official purposes.
Article 7. Representatives of members of the Authority
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1 Representatives of members of the Authority attending meetings convened by the Authority
shall, while exercising their functions and during their journey to and from the place
of meeting, enjoy the following privileges and immunities:
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a) immunity from legal process in respect of words spoken or written, and all acts performed
by them in the exercise of their functions, except to the extent that the member which
they represent expressly waives this immunity in a particular case;
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b) immunity from personal arrest or detention and the same immunities and facilities
in respect of their personal baggage as are accorded to diplomatic envoys;
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c) inviolability for all papers and documents;
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d) the right to use codes and to receive papers or correspondence by courier or in sealed
bags;
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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;
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f) the same facilities as regards exchange restrictions as are accorded to representatives
of foreign Governments of comparable rank on temporary official missions.
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2 In order to secure, for the representatives of members of the Authority, complete
freedom of speech and independence in the discharge of their duties, the immunity
from legal process in respect of all acts done by them in discharging their functions
shall continue to be accorded, notwithstanding that the persons concerned are no longer
representatives of members of the Authority.
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3 Where the incidence of any form of taxation depends upon residence, periods during
which the representatives of members of the Authority attending the meetings of the
Authority are present in the territory of a member of the Authority for the discharge
of their duties shall not be considered as periods of residence.
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4 Privileges and immunities are accorded to the representatives of members of the Authority,
not for the personal benefit of the individuals themselves, but in order to safeguard
the independent exercise of their functions in connection with the Authority. Consequently,
a member of the Authority has the right and the duty to waive the immunity of its
representative in any case where in the opinion of the member of the Authority the
immunity would impede the course of justice, and it can be waived without prejudice
to the purpose for which the immunity is accorded.
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3 In addition to the privileges and immunities specified in paragraph 2, the Secretary-General
or any official acting on his behalf during his absence from duty and the Director-General
of the Enterprise shall be accorded in respect of themselves, their spouses and minor
children the privileges and immunities, exemptions and facilities accorded to diplomatic
envoys, in accordance with international law.
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4 Privileges and immunities are accorded to officials, not for the personal benefit
of the individuals themselves, but in order to safeguard the independent exercise
of their functions in connection with the Authority. The Secretary-General has the
right and the duty to waive the immunity of any official where, in the opinion of
the Secretary-General, the immunity would impede the course of justice, and it can
be waived without prejudice to the interests of the Authority. In case of the Secretary-General,
the Assembly shall have the right to waive immunity.
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5 The Authority shall cooperate at all times with the appropriate authorities of members
of the Authority to facilitate the proper administration of justice, secure the observance
of police regulations and prevent the occurrence of any abuse in connection with the
privileges, immunities and facilities referred to in this article.
Article 9. Experts on mission for the Authority
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1 Experts (other than officials coming within the scope of article 8) performing missions
for the Authority shall be accorded such privileges and immunities as are necessary
for the independent exercise of their functions during the period of their missions,
including the time spent on journeys in connection with their missions. In particular
they shall be accorded:
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a) immunity from personal arrest or detention and from seizure of their personal baggage;
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b) in respect of words spoken or written and acts done by them in the exercise of their
functions, immunity from legal process of every kind. This immunity shall continue
notwithstanding that the persons concerned are no longer employed on missions for
the Authority;
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c) inviolability for all papers and documents;
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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;
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e) exemption from tax in respect of salaries and emoluments paid or any other form of
payment made by the Authority. This provision is not applicable as between an expert
and the member of the Authority of which he or she is a national;
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f) the same facilities in respect of currency or exchange restrictions as are accorded
to representatives of foreign Governments on temporary official missions.
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2 Privileges and immunities are accorded to experts, not for the personal benefit of
the individuals themselves, but in order to safeguard the independent exercise of
their functions in connection with the Authority. The Secretary-General shall have
the right and the duty to waive the immunity of any expert where, in the opinion of
the Secretary-General, the immunity would impede 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
Article 12. Relationship between the Headquarters Agreement and the Protocol
The provisions of this Protocol shall be complementary to the provisions of the Headquarters
Agreement. Insofar as any provision of this Protocol relates to the same subject matter,
the two provisions shall, wherever possible, be treated as complementary, so that
both provisions shall be applicable and neither shall narrow the effect of the other;
but in any case of conflict, the provisions of that Agreement shall prevail.
Article 13. Supplementary agreement
This Protocol shall in no way limit or prejudice the privileges and immunities which
have been, or may hereafter be, accorded to the Authority by any member of the Authority
by reason of the location in the territory of that member of the Authority's headquarters
or regional centres or offices. This Protocol shall not be deemed to prevent the conclusion
of supplementary agreements between the Authority and any member of the Authority.
Article 14. Settlement of disputes
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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 a request by one
of the parties to the dispute shall, at the request of either party, be referred for
a final and binding decision to a panel of three arbitrators:
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a) one to be nominated by the Secretary-General, one to be nominated by the other party
to the dispute and the third, who shall be Chairman of the panel, to be chosen by
the first two arbitrators;
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b) if either party has failed to make its appointment of an arbitrator within two months
of the appointment of an arbitrator by the other party, the President of the International
Tribunal for the Law of the Sea shall proceed to make such appointment.
Should the first two arbitrators fail to agree upon the appointment of the third arbitrator
within three months following the appointment of the first two arbitrators, the third
arbitrator shall be chosen by the President of the International Tribunal for the
Law of the Sea upon the request of the Secretary-General or the other party to the
dispute.
This Protocol shall be open for signature by all members of the Authority at the headquarters
of the International Seabed Authority in Kingston, Jamaica, from 17 August until 28
August 1998 and subsequently until 16 August 2000 at United Nations Headquarters in
New York.
This Protocol is subject to ratification, approval or acceptance. The instruments
of ratification, approval or acceptance shall be deposited with the Secretary-General
of the United Nations.
This Protocol shall remain open for accession by all members of the Authority. The
instruments of accession shall be deposited with the Secretary-General of the United
Nations.
Article 18. Entry into force
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2 For each member of the Authority which ratifies, approves or accepts this Protocol
or accedes thereto after the deposit of the tenth instrument of ratification, approval,
acceptance or accession, this Protocol shall enter into force on the thirtieth day
following the deposit of its instrument of ratification, approval, acceptance or accession.
Article 19. Provisional application
A State which intends 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 exceeding two years.
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1 A State Party may, by written notification addressed to the Secretary-General of
the United Nations, denounce this Protocol. The denunciation shall take effect one
year after the date of receipt of the notification, unless the notification specifies
a later date.
The Secretary-General of the United Nations shall be the depositary of this Protocol.
Article 22. Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish texts of this Protocol are
equally authentic.