Protocol inzake de voorrechten en immuniteiten van de Internationale Zeebodemautoriteit

The States Parties to this Protocol,

Considering 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 shall have international legal personality and such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes,

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 set forth in section 4, subsection G of Part XI of the Convention and that the privileges and immunities of the Enterprise shall be those set forth in annex IV, article 13,

Recognizing that certain additional privileges and immunities are necessary for the exercise of the functions of the International Seabed Authority,

Have agreed as follows:

Article 1. Use of terms

For the purposes of this Protocol:

• a). “Authority" means 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 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;

• d). “Enterprise" means the organ of the Authority as provided for in the Convention;

• e). “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 pursuant to paragraph 12 (a) of section 1 of the annex to the Agreement;

• f). “representatives" means representatives, alternate representatives, advisers, technical experts and secretaries of the delegations;

• 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

• a). to contract;

• b). to acquire and dispose of immovable and movable property;

• c). to be a party in legal proceedings.

Article 4. Inviolability of the premises of the Authority

The premises of the Authority shall be inviolable.

Article 5. Financial facilities of the Authority

• a). purchase any currencies through authorized channels and hold and dispose of them;

• b). hold funds, securities, gold, precious metals or currency of any kind and operate accounts in any currency;

• c). transfer its funds, securities, gold or currency from one country to another or within any country and convert any currency held by it into any other currency.

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

• 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;

• 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;

• c). inviolability for all papers and documents;

• d). the right to use codes and to receive papers or correspondence by courier or in sealed bags;

• 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;

• f). the same facilities as regards exchange restrictions as are accorded to representatives of foreign Governments of comparable rank on temporary official missions.

Article 8. Officials

• a). be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

• b). be immune from personal arrest or detention in relation to acts performed by them in their official capacity;

• c). be exempt from tax in respect of salaries and emoluments paid or any other form of payment made by the Authority;

• d). be immune from national service obligations provided that, in relation to States of which they are national, such immunity shall be confined to officials of the Authority whose names have, by reason of their duties, been placed upon a list compiled by the Secretary-General and approved by the State concerned; should other officials of the Authority be called up for national service, the State concerned shall, at the request of the Secretary-General, grant such temporary deferments in the call-up of such officials as may be necessary to avoid interruption in the continuation of essential work;

• e). be exempt, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration;

• f). be accorded the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions to the Governments concerned;

• g). have the right to import free of duty their furniture and effects at the time of first taking up their post in the country in question;

• h). be exempt from inspection of personal baggage, unless there are serious grounds for believing that the baggage contains articles not for personal use or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the Party concerned; and inspection in such a case shall be conducted in the presence of the official concerned, and in the case of official baggage, in the presence of the Secretary-General or his or her authorized representative;

• i). be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crises as are accorded to diplomatic agents.

Article 9. Experts on mission for the Authority

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

• 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;

• c). inviolability for all papers and documents;

• 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;

• 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;

• f). the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions.

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

• a). disputes of a private law character to which the Authority is a party;

• b). disputes involving any official of the Authority or any expert on mission for the Authority who by reason of his or her official position enjoys immunity, if immunity has not been waived by the Secretary-General.