Provisional Understanding Regarding Deep Seabed Mining

1. (1) No Party shall issue an authorization in respect of an application,
or seek registration, for an area included:

(a) within an area which is covered in another application filed in
conformity with the agreements for voluntary conflict resolution reached on 18
May 1983 and 15 December 1983 and being still under consideration by another
Party;

(b) within an area claimed in any other application which has been filed in
conformity with national law and this Agreement,

(i) prior to the signature of this Agreement, or

(ii) earlier than the application or request for registration in question,
and which is still under consideration by another Party; or

(c) within an authorization granted by another Party in conformity with this
Agreement.

(2) No Party shall itself engage in deep seabed operations in an area for
which, in accordance with this paragraph, it shall not issue an authorization or
seek registration.

2. The Parties shall, as far as possible, process applications without
delay. To this end, each Party shall, with reasonable dispatch, make an

examination of each application to determine whether it complies with
requirements for minimum content of applications under its national law, and
thereafter determine the applicant’s eligibility for the issuance of an
authorization.

3. Each Party shall immediately notify the other Parties of each application
for an authorization which it accepts, including applications already received,
and of each amendment to such an application. Each Party shall also immediately
notify the other Parties after it has taken action subsequently with respect to
an application or any action with respect to an authorization.

4. No Party shall authorize, or itself engage in, exploitation of the hard
mineral resources of the deep seabed before 1 January 1988.

5. (1) The Parties shall consult together:

(a) prior to the issuance of any authorization or before themselves engaging
in deep seabed operations or seeking registration for an area;

(b) with regard to any arrangements between one or more Parties and another
State or States for the avoidance of overlapping in deep seabed operations;

(c) with regard to relevant legal provisions and any modification thereof;
and

(d) generally with a view to coordinating and reviewing the implementation of
this Agreement.

(2) The relevant Parties shall consult together in the event that two or more
applications are filed simultaneously.

6. (1) To the extent permissible under national law, a Party shall maintain
the confidentiality of the coordinates of application areas and other
proprietary or confidential commercial information received in confidence from
any other Party in pursuance of cooperation in regard to deep seabed
operations. In particular:

(a) the confidentiality of the coordinates of application areas shall be
maintained until any overlap involving such an area is resolved and the relevant
authorization is issued; and

(b) the confidentiality of other proprietary or confidential commercial
information shall be maintained in accordance with national law as long as such
information retains its character as such.

(2) Denunciation or other action by a Party pursuant to paragraph 14 of this
Agreement shall not affect the Parties’ obligations under this paragraph.

7. (1) The rights and interests of an applicant or of the grantee of an
authorization may be transferred, in whole or in part, consistent with national
law. Subject to national law, the rights, interests, and obligations of the
transferee shall be as set forth in an agreement between the transferor and the
transferee.

(2) For the purposes of this Agreement, the transferee is deemed to stand in
the same position as that of the transferor for his rights and interests
including the right of priority to the extent those rights and interests
represent in whole or in part the original rights and interests of the
transferor.

8. The Parties shall seek consistency in their application requirements and
operating standards.

9. The Parties shall implement this Agreement in accordance with relevant
national laws and regulations.

10. The Parties shall settle any dispute arising from the interpretation or
application of this Agreement by appropriate means. The Parties to the dispute
shall consider the possibility of recourse to binding arbitration and, if they
agree, shall have recourse to it.

11. This Agreement, which includes Appendices I and II, may be amended only
by written agreement of all Parties.

12. (1) This Agreement shall enter into force 30 days after signature.

(2) A Party which has not adopted the necessary legal provisions for the
issue of authorizations may, by a declaration relating to its signature of this
Agreement, limit the application of this Agreement to the parts thereof other
than those relating to the issue of authorizations. Where such a Party adopts
legal provisions which, in the view of the other Parties, are similar in aims
and effects to their own legal provisions, the first mentioned Party shall
notify all other Parties that it accepts fully the provisions of this Agreement.
Such a Party may also declare, upon signature, that, for constitutional reasons,
this Agreement shall become effective for it only after notification to all
other Parties.

13. After entry into force of this Agreement, additional States may, with
the consent of all Parties, be invited to accede to this Agreement.

14. (1) A Party may denounce this Agreement by written notice to all
other,Parties, subject to the provisions of paragraph 6. Such denunciation
shall become effective 180 days from the date of the latest receipt of such
notice.

(2) A Party may, for good cause related to the implementation of this
Agreement, after consultation, serve written notice on another Party that, from
a date not less than 90 days thereafter, it will cease to give effect to
paragraph 1 of this Agreement in respect of such other Party. The rights and
obligations of these two Parties towards the other Parties remain unaffected by
such notice.

(3) Subsequent to such notice referred to in subparagraphs (1) and (2), the
Parties concerned shall seek, to the extent possible, to mitigate adverse
effects resulting therefrom.

15. This Agreement is without prejudice to, nor does it affect, the
positions of the Parties, or any obligations assumed by any of the Parties, in
respect of the United Nations Convention on the Law of the Sea .

DONE at Geneva on 3 August 1984, in eight copies in the English, French,
German, Italian, Japanese and Netherlands languages, each of which shall be
equally authentic.

Author: international

Mentioned in these Entries

Conventions: Chronological Index 1971-1990, Marine and Coastal conventions, United Nations Convention on the Law of the Sea.