Provisional Understanding Regarding Deep Seabed Matters, Geneva, 1984

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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 initial 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.

3 August 1984, Geneva

Following the signature of the Provisional Understanding Regarding Deep Seabed Matters, the Parties notified each other of the identities of the applicants and the dates of receipt of the applications already received. Having regard to the assurance of the representatives of the Federal Republic of Germany that the area of the application filed on their own behalf by Metallgesellschaft AG, Preussag AG, and Salzgitter AG, as partners of Arbeitsgemeinschaft Meerestechnisch gewinnbare Rohnstoffe (AMR) is outside the Clarion Clipperton Zone, the Parties to the Provisional Understanding noted that that application falls under paragraph 1(1)(b)(i) of the Provisional Understanding.

3 August 1984, Geneva

Delegation Permanente de la Belgique auprs de l'Office des Nations Unies et auprs des Institutions Spcialises 38, rue de Moillebeau, 1211 Genve 19

August 3d

Belgium is gratified by the conclusion of an arrangement under which the signatories undertake to act, in a very special and totally new area of endeavor, as States concerned with one another's rights, and under which they have also agreed to take appropriate measures to ensure, concretely, that such rights are respected.

In affixing its signature to the documents in which these measures are contained, Belgium must nonetheless declare, in accordance with paragraph 12 (2) of the Provisional Understanding that, insofar as it is concerned, it can for the moment implement only those provisions of the Agreement that do not involve the issuance of permits. It is well known to all that Belgium has not thus far promulgated any law governing this subject. It must be added that should such a law be promulgated, Belgium would immediately consider itself to be morally bound by all the provisions of the Agreement.

Belgium also declares that, for constitutional reasons this Agreement will enter into force for Belgium only following notification to all other Parties, in accordance with paragraph 12 (2) of the Provisional Understanding.

Ministero degli Affari Esteri

1. With reference to what is provided for under paragraph 12 (2) of the Provisional Understanding Regarding Deep Seabed Matters, Italy, upon signature of this Provisional Understanding, declares as follows:

A. Awaiting the adoption by the Parliament of the legal provisions regulating the activities of prospecting and mining of deep sea-bed mineral resources by Italian nationals, including provisions relating to the issue of authorizations, the Government of Italy will limit the application of this Agreement to the parts thereof other than those relating to the issue of authorizations.

B. Upon the adoption of the legal provisions regulating the prospecting and mining of deep sea-bed mineral resources by Italian nationals, the Italian Government will notify all other Parties that it accepts all the provisions of this Agreement.

2. Moreover, the Government of Italy declares that, upon the adoption of the legal provisions regulating the prospecting and mining activities of deep sea-bed mineral resources by Italian nationals, it will notify all other Parties that the Memorandum of Implementation annexed to the Provisional Understanding Regarding Deep Seabed Matters has become applicable to Italy.

Emilio F. Destefanis

Translation

Geneva, 3 August 1984

His Excellency Mr. James L. Malone Assistant Secretary of State Department of State of the United States of America

Excellency,

In connexion with today's signing of the PROVISIONAL UNDERSTANDING REGARDING DEEP SEABED MATTERS and the MEMORANDUM related thereto, I have the honour to declare on behalf of the Government of the Federal Republic of Germany that the said UNDERSTANDING and the MEMORANDUM shall also apply to Land Berlin from the date on which they enter into force for the Federal Republic of Germany.

Accept, Excellency, the expression of my highest consideration.

signed (Hans Arnold) Ambassador Permanent Representative

August 3, 1984

No. 164

The Permanent Mission of the United States of America to the Office of the United Nations and Other International Organizations in Geneva presents its compliments to the Permanent Mission of the United Kingdom to the Office of the United Nations and Other International Organizations in Geneva and has the honor to request the Permanent Mission of the United Kingdom to confirm, on behalf of the Government of the United Kingdom, the understanding of the Government of the United States of America that both exploration and commercial recovery of deep seabed mineral resources are regulated by the Deep Seabed Mining (Temporary Provisions) Act 1981, and therefore the Provisional Understanding Regarding Deep Seabed Matters will be implemented accordingly.

The Permanent Mission of the United States of America takes this opportunity to renew to the Permanent Mission of the United Kingdom the assurance of its highest consideration.

[Initials] [Seal]

The Permanent Mission of the United States of America, Geneva

UNITED KINGDOM MISSION 37-39 rue de Vermont, 1202 GENEVA Telex: 22956 Telegrams: Prodrome, Geneva Telephone: 34.38.00, 33.23.85

3 August 1984

The Permanent Mission of the United Kingdom of Great Britain and Northern Ireland to the Office of the United Nations and other International Organisations in Geneva present their compliments to the Permanent Mission of the United States of America to the Office of the United Nations and other International Organisations in Geneva and have the honour to refer to their Note No 164 of 3 August 1984, and to confirm, on behalf of the Government of the United Kingdom of Great Britain and Northern Ireland, the understanding of the Government of the United States of America that both exploration and commercial recovery of Deep Seabed Mineral Resources are regulated by the Deep Seabed Mining (Temporary Provisions) Act 1981, and therefore the Provisional Understanding regarding Deep Seabed matters will be implemented accordingly.

The Permanent Mission of the United Kingdom of Great Britain and Northern Ireland avail themselves of this opportunity to renew to the Permanent Mission of the United States of America the assurances of their highest consideration.

[Initials]

August 3, 1984

No. 165

The Permanent Mission of the United States of America to the Office of the United Nations and Other International Organizations in Geneva presents its compliments to the Permanent Mission of the Federal Republic of Germany to the Office of the United Nations and Other International Organizations in Geneva and has the honor to request the Permanent Mission of the Federal Republic of Germany to confirm, on behalf of the Government of the Federal Republic of Germany, the understanding of the Government of the United States of America that both exploration and commercial recovery of deep seabed mineral resources are regulated by the Act on the Interim Regulation of Deep Seabed Mining of 16 August 1980, as amended, and therefore the Provisional Understanding Regarding Deep Seabed Matters will be implemented accordingly.

The Permanent Mission of the United States of America takes this opportunity to renew to the Permanent Mission of the Federal Republic of Germany the assurance of its highest consideration.

[Initials] [Seal]

The Permanent Mission of the United States of America, Geneva

Stndige Vertretung der Bundesrepublik Deutschland Mission permanente de la Rpublique fdrale d'Allemagne Permanent Mission of the Federal Republic of Germany

Geneva, 3 August 1984

To the Permanent Mission of the United States of America to the United Nations Office and other International Organizations Geneva

The Permanent Mission of the Federal Republic of Germany to the Office of the United Nations and to the other International Organizations at Geneva presents its compliments to the Permanent Mission of the United States of America to the United Nations Office and other International Organizations at Geneva and, with reference to the Note Verbale of the Permanent Mission of the United States of America to the United Nations Office at Geneva dated 3 August 1984 has the honour to confirm, on behalf of the Government of the Federal Republic of Germany, the United States' Mission's understanding that both exploration and commercial recovery of deep seabed mineral resources are regulated by the act of the interim regulation of deep seabed mining of 16 August 1980, as amended, and therefore the provisional understanding regarding deep seabed matters will be implemented accordingly.

The Permanent Mission of the Federal Republic of Germany avails itself of this opportunity to renew to the Permanent Mission of the United States of America the assurances of its highest consideration.

[Seal]

August 3, 1984

No. 166

The Permanent Mission of the United States of America to the Office of the United Nations and Other International Organizations in Geneva presents its compliments to the Permanent Mission of France to the Office of the United Nations and Other International Organizations in Geneva and has the honor to request the Permanent Mission of France, to confirm, on behalf of the Government of France, the understanding of the Government of the United States of America that both exploration and commercial recovery of deep seabed mineral resources are regulated by the Law on The Exploration and Mining of Major Sea-bed Mineral Resources, December 1981, and therefore the Provisional Understanding Regarding Deep Seabed Matters will be implemented accordingly.

The Permanent Mission of the United States of America takes this opportunity to renew to the Permanent Mission of France the assurance of its highest consideration.

[Initials] [Seal]

The Permanent Mission of the United States of America, Geneva

Permanent Mission of France to the Office of the United Nations in Geneva 36, Route de Pregny 1292 Chambesy

Geneva, August 3, 1984

Permanent Mission of the United States 11, route de Pregny 1292 Chambesy

No. 193

The Permanent Mission of France to the Office of the United Nations in Geneva presents its compliments to the United States Mission in Geneva and has the honor to refer to the U.S. note dated August 3, 1984. The French Mission confirms, on behalf of the French Government, that both exploration and mining of deep seabed mineral resources are regulated by the Law on the Exploration and Mining of Major Seabed Mineral Resources of December 23, 1981, and therefore the Provisional Understanding regarding Deep Seabed Matters will be implemented accordingly.

The Permanent Mission of France to the Office of the United Nations in Geneva avails itself of this opportunity to renew to the United States Mission to the Office of the United Nations in Geneva the assurances of its very high consideration.

[Initials] [Mission stamp]

August 3, 1984

No. 167

The Permanent Mission of the United States of America to the Office of the United Nations and Other International Organizations in Geneva presents its compliments to the Permanent Mission of Japan to the Office of the United Nations and Other International Organizations in Geneva and has the honor to request the Permanent Mission of Japan to confirm, on behalf of the Government of Japan, the understanding of the Government of the United States of America that both exploration and commercial recovery of deep seabed mineral resources are regulated by the Law on Interim Measures for Deep Seabed Mining, July 1982, and therefore the Provisional Understanding Regarding Deep Seabed Matters will be implemented accordingly.

The Permanent Mission of the United States of America takes this opportunity to renew to the Permanent Mission of Japan the assurance of its highest consideration.

[Initials] [Seal]

The Permanent Mission of the United States of America, Geneva

Geneva, August 3, 1984

The Permanent Mission of the United States of America to the International Organizations in Geneva

TM/DLG/324

The Permanent Mission of Japan to the International Organizations in Geneva presents its compliments to the Permanent Mission of the United States of America and, with reference to the latter's Note Verbale dated August 3, 1984, has the honor to confirm on behalf of the Government of Japan, the understanding of the Government of the United States of America that both exploration and commercial recovery of deep seabed mineral resources are regulated by the Law on Interim Measures for Deep Seabed Mining, July 1982, and therefore the Provisional Understanding Regarding Deep Seabed Matters will be implemented accordingly.

[Initials] [Seal]