KEPPRES No. 178 Tahun 1999

Keputusan Presiden ini mulai berlaku pada tanggal ditetapkan.
Agar …
PRESIDEN
REPUBLIK INDONESIA
Agar
setiap
orang
mengetahuinya,
memerintahkan
pengundangan
Keputusan Presiden ini dengan penempatannya dalam Lembaran Negara
Republik Indonesia.
Ditetapkan di Jakarta
pada tanggal 30 Desember 1999
PRESIDEN REPUBLIK INDONESIA,
ttd.
ABDURRAHMAN WAHID
Diundangkan di Jakarta
pada tanggal 30 Desember 1999
SEKRETARIS NEGARA REPUBLIK INDONESIA,
ttd.
ALIRAHMAN
LEMBARAN NEGARA REPUBLIK INDONESIA TAHUN 1999 NOMOR 230
PRESIDEN
REPUBLIK INDONESIA
Forty-eight session
Agenda item 36
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
(Without reference to a Main Committee (A/48/L.60 and Add.1)
48/263.
Agreement relating to the implementation of Part XI of the United Nations
Convention on the Law of the Sea of 10 December 1982.
The General Assembly
Prompted by the desire to achieve universal participation in the United Nations
Convention on the Law of the Sea of 10 December 1982 1/ (hereinafter referred to as the
"Convention") and to promote appropriate representation in the institutions established by
it,
Reaffirming that the seabed and ocean floor and subsoil thereof, beyond the limits
of national jurisdiction (herenafter referred to as the 'Area"), as well as the reasources of
the Area, are the common heritage of mankind, 2/
Recalling that the Convention in its Part XI and related provisions 9herenafter
referred to as "Part XI") established a regime for the Area and its resources,
Taking note of the consolidated provisional final report of the Preparatory
Commission for the International Seabed Authority and for the International Tribunal for
the Law of the Sea, 3/
Recalling its resolution 48/28 of 9 December 1993 on the law of the sea,
Recognizing that political and economic changes, including in particular a
growing reliance on market principles, have necessitated the re-evaluation of some
aspects of the regime for the Area and its resources,
Noting the initiative of the Secretary-general which began in 1990 to
promote dialogue aimed at achieving universal participation in the Convention,
Welcoming the report of the Secretary-general on the outcome of his
informal consultations, 4/ including the draft of an agreement relating to the
implementation of Part XI,
PRESIDEN
REPUBLIK INDONESIA
Considering that the objective of universal participation in the Convention
may best be achieved by the adoption of an agreement relating to the imnplementation of
Part XI,
Recognizing the need to provide for the provisional application of such an
agreement from the date of entry into force of the Convention on 26 November 1994,
1.
Expresses its appreciation to the Secretary-general for his report on
the informal consultation;
2.
Reaffirme the unified character of the United Nations Convention on
the Law of the Sea of 10 december 1982;
3.
Adopts the Agreement relating to the implementation of Part XI of
the United Nations Convention on the Law of the Sea of 10 December 1982 (hereinafter
referred to as the "Agreement"), the text of which is annexed to the present resolution;
4.
Affirms that the Agreement shall be interpreted and applied together
with Part XI as a single instrument;
5.
Considers that future ratifications or formal confirmations of or
accessions to the Convention shall represent also consent to be bound by the Agreement
and that no State or entity may establish its consent to be bound by the Agreement unless
it has previously established or establishes at the same time its consent to be bound by the
Convention;
6.
Calls upon States which consent to the adoption of the Agreement to
refrain from any act which would defeat its object and purpose;
7.
Expresses its satisfaction at the entry into force of the Convention on
16 November 1994;
8.
Decides to fund the administrative expenses of the International
Seabed Authority in accordance with section 1, paragraph 14, of the Annex to the
Agreement;
9.
Requests the Secretary-General to trasmit immediately certified
copies of the Agreement to the States and entities referred to in article 3 thereof, with a
view to facilitating universal participation in the Convention and the Agreement, and to
draw attention to articles 4 and 5 of the Agreement;
10.
Also requests the Secretary-general immediately to open the
PRESIDEN
REPUBLIK INDONESIA
Agreement for signature in accordance with article 3 thereof;
11.
Urges all States and entities referred to in article 3 of the Agreement
to consent to its provisional application as from 16 November 1994 and to establish their
consent to be bound by the Agreement at the earliest possible date;
12.
Also urges all such States and entities that have not already done so
to take all appropriate steps to ratify, formally confirm or accede to the Convention at the
earliest possible date in order to ensure universal participation in the Convention;
13.
Calls upon the Preparatory Commission for the International Seabed
Authority and for the International Tribunal for the Law of the Sea to take into account
the terms of the Agreement when drawing up its final report.
ANNEX
AGREEMENT RELATING TO THE IMPLEMENTATION OF PART XI
OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA OF
10 DECEMBER 1982
The States Parties to this Agreement,
Recognizing the important contribution of the United Nations Convention on the
Law of the Sea of 10 december 1982 1/ (hereinafter refreed to as "the Convention") to the
maintenance of peace, justice and progress for all peoples of the world,
Reaffirming that the seabed and ocean floor and subsoil thereof, beyond the limits
of national jurisdiction (hereinafter refrred to as "the Area"), as well as the resources of
the Area, are the common heritage of mankind,
Mindful of the importance of the Convention for the protection and preservation of
the marine environment and of the growing concern for the global environment,
Having considered the report of the Secretary-general of the United Nations on the
results of the informal consultations among States held from 1990 to 1994 on outstanding
issues relating to Part XI and related provisions of the Convention 4/ (hereinafter referred
to as "Part XI"),
Nothing
the
political
and
economic
changes,
including
market-oriented
approaches, affecting the implementation of Part XI,
PRESIDEN
REPUBLIK INDONESIA
Wishing to facilitate universal participation in the Convention,
Considering that an agreement relating to the implementation of Part XI would
best meet that objective,
Have agreed as follows;
Article 1
Implementation of Part XI
1.
The States Parties to this Agreement undertake to implement Part XI in accordance
with this Agreement.
2.
The Annex forms an integral part of this Agreement.
Article 2
Relationship between this Agreement and Part XI
1.
The provisions of this Agreement and Part XI shall be interpreted and applied
together as a single instrument. In the event of any inconsistency between this Agreement
and Part XI, the provisions of this Agreement shall prevail.
2.
Articles 309 to 319 of the Convention shall apply to this Agreement as they apply
to the Convention.
Article 3
Signature
This Agreement shall remain open for signature at United Nations Headquarters by
the States and entities referred to in article 305, parahraph 1 (a), (c), (d), (e) and (f), of the
Convention for 12 months from the date of its adoption.
PRESIDEN
REPUBLIK INDONESIA
Article 4
Consent to be bound
1.
After the adoption of this Agreement, any instrument of ratification or formal
confirmation of or accession to the Convention shall also represent consent to be
bound by this Agreement.
2.
No State or entity may establish its consent to be bound by this Agreement unless
it has previously established or establishes at the same time its consent to be bound
by the Convention.
3.
A State or entity referred to in article 3 may express its consent to be bound by this
Agreement by :
(a)
Signature not subject to ratification, formal confirmation or the procedure
set out in article 5,
(b)
Signature subject to ratification or formal confirmation, followed by
ratification or formal confirmation,
(c)
siganture subject to the procedure set aout in article 5, or
(d)
Accession.
4.
Formal confirmation by the entities referred to in article 305, paragraph 1 (f), of
the Convention shall be in accordance with Annex IX of the Convention.
5.
The instrument of ratification, formal confirmation or accession shall be deposited
with the Secretary-general of the United Nations.
Article 5
Simplified procedure
1.
A State or entity which has deposited before the date of the adoption of this
Agreement an instrument of ratification or formal confirmation of or accession to
the Convention and which has signed this Agreement in accordance with article 4,
paragraph 3 (c), shall be considered to have established its consent to be bound by
this Agreement 12 months after the date of its adoption, unless stah State or entity
PRESIDEN
REPUBLIK INDONESIA
notifies the depository in writing before that date that it is not availing itself of the
simplified procedure set out in this article.
2.
In the event of such notification, consent to be bound by this Agreement shall be
established in accordance with article 4, paragraph 3 (b).
Article 6
Entry into force
1.
This Agreement shall enter into force 30 days after the date on which 40 States
have established their consent to be
bound in accordance with article 4 and
5, provided that such States include at least seven of the States referred to in
paragraph 1 (a) of resolution II of the Third United Nations Conference on the
Law of the Sea 5/ (hereinafter referred to as "resolution II") and that at least five of
those States are developed States. If these conditions for entry into force are
fulfilled before 16 November 1994, this Agreement shall enter into force on 16
November 1994.
2.
For each State or entity establishing its consent to be bound by this Agreement
after the requirements set out in paragraph 1 have been fulfilled, this Agreement
shall enter into force on the thirtieth day following the date of establishment of its
consent to be bound.
Article 7
Provisional application
1.
If on 16 November 1994 this Agreement has not entered into force, it shall be
applied provisionally pending its entry into force by :
(a)
States which have consented to its adoption in the General Assembly of the
United Nations, except any such State which before 16 November 1994 notifies
the depository in writing either that it will not so apply this Agreement or that it
will consent to such application only upon subsequent signature or notification in
writing,
PRESIDEN
REPUBLIK INDONESIA
(b)
States and entities which sign this Agreement, except any such State or
entity which notifies the depository in writing at the time of signature that it will
not so apply this Agreement.
(c)
States and entities which consent to its provisonal application by so
notifying the depository in writing,
(d)
States which accede to this Agreement.
2.
All such States and entities shall aply this Agreement provisionally in accordance
with their national or internal laws and regulations, with effect from 16 November
1994 or the date of signature, notification of consent or accession, if later.
3.
Provisional application shall terminate upon the date of entry into force of this
Agreement. In any event, provisional application shall terinate on 16 November
1998 if at that date the requirement in article 6, paragraph 1, of consent to be
bound by this Agreement by at least seven of the States (of which at least five must
be developed States) referred to in paragraph 1 (a) of resolution II has not been
fulfilled.
Article 8
States Parties
1.
For the purposes of this Agreement, "States parties" means States which have
consented to be bound by this Agreement and for which this Agreement is in force.
2.
This Agreement applies mutatis mutandis to the entities referred to in article 305,
paragraph 1 (c), (d), (e) and (f), of the Convention which become Parties to this
Agreement in accordance with the conditions relevant to each, and to that extent
"States Parties" refers to those entities.
Article 9
Depository
The Secretary-general of the United Nations shall be the depository of this
Agreement.
PRESIDEN
REPUBLIK INDONESIA
Article 10
Authentic texts
The original of this Agreement, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-general of the United Nations.
IN
WITNESS
WHEREOF,
the
undersigned
Plenipotentiaries,
being
duly
authorized thereto, have signed this Agreement.
DONE AT NEW NEW YORK, this ... day of July, one thousand nine hundred and
ninety-four.
Annex
SECTION 1. COSTS TO STATES PARTIES AND INSTITUTIONAL
ARRANGEMENTS
1.
The International Seabed Authority (hereinafter referred to as "the Authority") is
the organization through which States Parties to the Convention shall, in
accordance with the regime for the Area established in Part XI and this
Agreement,organize and control activities in the Area,particulary with a view to
administering the resources of the Area. The powers and functions of the Authority
shall be those expressly conferred upon it by the Convention. The Authority shall
have such incidental powers, consistent with the Convention, as are implicit in,
and necessary for, the exercise of those powers and functions with respect to
activities in the Area.
2.
In order to minimize costs to States Parties,all organs and subsidiary bodies to be
established under the Convention and this Agreement shall be cost-effective. This
principle shall also apply to the frequency, duration and scheduling of meetings.
3.
The setting up and the functioning of the organs subsidiary bidies of the Authority
PRESIDEN
REPUBLIK INDONESIA
shall be based on an evolutionary approach, taking into account the functional
needs of the organs and subsidiary bodies concerned in order that they may
discharge effectively their respective responsiblities at various stages of the
development of activities in the Area.
4.
The early functions of the Authority upon entry into force of the Convention
shallbe carried out by the Assembly, the Council, the Secretariat, the Legal and
Technical Commission and the Finance Committee. The functions of the Economis
Planning Commission shall be performed by the Legal and Technical Commission
until such time as the Council decides otherwise or until the approval of the firat
plan or work for exploitation
5.
Between the entry into force of the Convention and the approval of the first plan or
work for exploitation, the Authority shall concentrate on;
(a)
Processing of applications for approval of plans of work for exploration in
accordance with Part XI and this Agreement;
(b)
Implementation of decisions of the Preparatory Commission for the
International Seabed Authority and for the International Tribunal for the Law of
the Sea (hereinafter referred to as "the Preparatory Commission") relating to the
registered pioneer invertors and their certifying States, including their rights and
obligations, in accordance with article 308, paragraph 5, of the Convention and
resolution II, paragraph 13;
(c)
Monitoring of compliance with plans of work for exploration approved in
the form of contracts;
(d)
Monitoring and review of trends and developments relating to deep seabed
mining activities, including regular analysis of world metal market conditions and
metal prices, trends and prospects;
(e)
Study of the potential impact of mineral production from the Area on the
economies of developing land-based producers of those minerals which are likely
to be most seriously affected, with a view tomminimizing their difficulties and
assisting them in their economic adjustment, taking into account the work done in
this regard by the Preparatory Commission;
(f)
Adoption of rules, regulations and procedures necessary for the conduct of
PRESIDEN
REPUBLIK INDONESIA
activities in the Area as they progress. Notwithstanding the provisions of Annex
III, article 17, pargraph 2 (b) and (c), of the Convention, such rules, regulations
and procedures shall take into account the terms of this Agreement, the prolonged
delay in commercial deep seabed mining and the likely pace of activities in the
Area;
(g)
Adoption of rules, regulations and procedures incorporating applicable
standars for the protection and preservation of the marine environment;
(h)
Promotion and encourragement of the conduct of marine scientific research
with respect to activities in the Area and the collection and dissemination of the
results of such research and analysis, when available, with particular emphasis on
research related to the environmental impact of activities in the Area;
(i)
Acquisition of scientific knowledge and monitoring of the development of
marine rechnology relevant to activities in the Area, in particular technology
relating to the protection and preservation of the marine environment;
(j)
Assessment of available data relating to prospecting and exploration;
(k)
Timely elaboration of rules, regulations and procedures for exploitation,
including those relating to the protection and preservation of the marine
environtment.
6.
(a)
An application for approval of a plan or work for exploration shall be
considered by the Council following the receipt of a recommendation on the
application from the legal and Technical Commission. The processing of an
application for approval of a plan of work for exploration shall be in accordance
with the provisions of the Convention, including Annex III thereof, and this
Agreement, and subject to the following;
(i)
A plan of work for exploration submitted onbehalf of a State or
entity, or any component of such entity, referred to in resolution II, paragraph I (a)
(ii) or (iii), other than a registered pionees investor, which had already undertaken
substantial activities in the Area prior to the entry into force of the Convention, or
its successor in interest, shall be considered to have met the financial and technical
qualifications necessary for approval of a plan of work if the sponsoring State or
States certify that the applicant has expended an amount equivalent to at least US$
PRESIDEN
REPUBLIK INDONESIA
30 million in research and exploration activities and has expended no less than 10
per cent of that amount in the location, survey and evaluation of the area referred
to in the plan of work. If the plan of work otherwise satisfies the requirements of
the Convention and any rules, regulations and procedures adopted pursuant
thereto, it shall be approved by the Council in the form of a contract. The
provisions of section 3, paragraph 11, of this Annex shall be interpreted and
applied accordingly;
(ii)
Notwithstanding the provisions of resolution II, pargraph 8 (a), a
registered pioneer investor may request approval of a plan of work for exploration
within 36 months of the entry into force of the Convention. The plan of work for
exploration shall consist of documents, reports and other data submitted to the
Preparatory Commission
both
before and after registration and shall be
accompanied by a certificate of compliance, consisting of a factual report
describing the status of fulfilment of obligations under the pioneer investor regime,
issued
by
the
Preparatory
Commission
inaccordance
with
resolution
II,
paragraph 11 (a). Such a plan of work shall be in the form of a contract
concluded between the Authority and the registered pioneer investor in accordance
with Part XI and this Agreement. The fee of US$ 250,000 paid pursuant to
resolution II, paragraph 7 (a), shall be deemed to be the fee, relating to the
exploration phase pursuant to section 8, pargraph 3, of this Annex. Section 3,
pargraph 11, of this Annex shall be interpreted and pllied accordingly;
(iii) In accordance with the principle of non-discrimination, a contract with a
State or entity or any component of such entity referred to in subparagraph (a) (i)
shall include arrangements which shall be similar to and no less favourable than
those agreed with any registered pioneer investor referred to in subparagraph (a)
(ii). If any of the States or entities or any components, of such entities referred to
in subparagraph (a) (i) are granted more favourable arrangements, the Council
shall make similar and no less favourable arrangements with regard to the rights
and obligations assumed by the registered pioneer investors referred to in
subparagraph (a) (ii), provided that such arrangements do not affect or prejudice
the interests of the Authority;
PRESIDEN
REPUBLIK INDONESIA
(iv)
A State sponsoring an applications for a plan of work pursuant to the
provisions of subparagraph (a) (i) or (ii) may be a State Party or a State whichnis
applying this Agreement provisionally in acordance with article 7, or a State which
is a member of the Authority on a provisional basis in accordance with paragraph
12;
(v)
Resolution II, paragraph 8 (c), shall be interpreted and applied in
accordance with subparagraph (a) (iv).
(b)
The approval of a plan or work for exploration shall be in accordance with
article 153, paragraph 3, of the Convention.
7.
An application for approval of a plan of work shall be accompanied by an
assessment of the potential environmental impacts of the proposed activities and
by a description of a programme for oceanographic and baseline environmental
studies in accordance with the rules, reglations and procedures adopted by the
Authority.
8.
An application for approval of a plan of work for exploration, subject to paragraph
6 (a) (i) or (ii), shall be processed in accordance with the procedures set out in
section 3, paragraph 11, of this Annex.
9.
A plan of work for exploration shall be approved for a period of 15 years. Upon
the expiration of a plan of work for exploration, the contractor shall apply for a
plan of work for exploitation unless the contractor has already done so or has
obtained an extension for the plan of work for
exploration.
Contractors
may
apply for such extensions for periods of not more than five years each. Such
extensions shall be approved if the contractors has made efforts in good faith to
comply with the requirements of the plan of work but for reasons beyond the
contractor's control has been unable to complete the necessary preparatory work
for proceeding to the exploitation stage or if the prevailing economic circumstance
do not justify proceeding to the exploitation stage.
10.
Designation of a reserved area for the Authority in accordance with Annex III,
article 8, of the Convention shall take place in connection with approval of an
application for a plan of work for exploration and exploitation.
11.
Notwithstanding the provisions of paragraph 9, an approved plan of work for
PRESIDEN
REPUBLIK INDONESIA
exploration which is sponsored by at least one State provisionally applying this
Agreement shall terminate if such a State ceases to apply this Agreement
provisionally and has not become a member on a provisional basis in accordance
with paragraph 12 or has not become a State Party.
12.
Upon the entry into force of this Agreement, States and entities referred to in
article 3 of this Agreement which have been applying it provisionally in
accordance with article 7 and for which it is not in force may continue to be
members of the Authority on a provisional basis pending its entry into force such
States and entities, in accordance with the following subparagraphs;
(a)
If this Agreement enters into force before 16 November 1996, such States
and entities shall be entitled to continue to participate as members of the Authority
on a provisional basis upon notification to the depository of the Agreement by such
a State or entity of its intention to participate as a member on a provisional basis.
Such membership shall terminate either on 16 November 1996 or upon the entry
into force of this Agreement and the Convention for such member, whichever is
earlier. The Council may, upon the request of the State or entity concerned, extend
such membership beyond 16 November 1996 for a further period or periods not
exceeding a total of two years provided that the Council is satisfied that the State
or entity concerned has been making efforts in god faith to become a party to the
Agreement and the Convention;
(b)
If this Agreement enters into force after 15 November 1996, such States and
entities may request the Council to grant continued membership in the Authority
on a provisional basis for a period or periods not extending beyond 16 November
1998. The Council shall grant such membership with effect from the date of the
request if it is satisfied that the State or entity has been making efforts in good
faith to become a party to the Agreement and the Convention;
(c)
States and entities which are members of the Authority on
a
provisional
basis in accordance with subparagraph (a) or (b) shall apply the terms of Part XI
and this Agreement in accordance with their national or internal laws, regulations
and annual budgetary appropriations and shall have the same rights and obligations
as other members, including;
PRESIDEN
REPUBLIK INDONESIA
(i)
The obligation to contributs to the administrative budget of the
Authority in accordance with the scale of assessed contributions;
(ii)
The right to sponsor an application for approval of a plan of work for
exploration. In the case of entities whose components are natural or judicial
persons possessing the nationality of more than one State, a plan or work for
exploration shall not be approved unless all the State whose natural or judical
persons comprise those entities are State Parties or members on a provisional
basis;
(d)
Nothwithstanding the provisions of paragraph 9, an approved plan of work
in the form of a contract for exploration which was sponsored pursuant to
subparagraph (c) (ii) by s State which was a member on a provisional basis shall
terminate if such membership ceases and the State or entiry has not become a State
Party;
(e)
If such a member has failed to make its assessed contributions or otherwise
failed to comply with its obligations in accordance with this paragraph, its
membership on a provisional basis shall be terminated.
13.
The reference in Annex III, article 10, of the Convention to performance which has
not been satisfactor shall be interpreted to mean that the contractor has failed to
comply with the requirements of an approved plan of work in spite of a written
warning or warnings from the Authority to the contractor to comply therewith.
14.
The Authority shall have its own budget. Until the end of the year following the
year during which this Agreement enters into force, the administrative expenses of
the Authority shall be met through the budget of the United Nations. Thereafter,
the administrative expenses of the Authority shall be met by assessed contributions
of its members, including any members on a provisional basis, in accordance with
article 171, subparagraph (a), and 173 of the Convention and this Agreement, until
the Authority has sufficient funds from other sources to meet those expenses. The
Authority shall not exercise the power referred to in article 174, pargrapgh 1, of
the Convention to borrow funds to finance its administrative budget.
15.
The Authority shall elaborate and adopt, in accordance with article 162, paragraph
PRESIDEN
REPUBLIK INDONESIA
2 (o) (ii), of the Convention, rules, regulations and procedures based on the
principles contained in sections 2, 5, 6, 7 and 8 of this Annex, as well as any
additional rules, regulations and procedures necessary to facilitate the approval of
plans of work for exploration or
exploitation, in accordance with the following
subparagraphs;
(a)
The Council may undertake such elaboration any time it deems that all or
any of such rules, regulations or procedures are required for the conduct of
activities in the Area, or when it determines that commercial exploitation is
immenent, or at the request of a State whose national intends to apply for approval
of a plan of work for exploitation;
(b)
If a request is made by a State referred to in subparagraph (a) the Council
shall, in accordance with article 162, paragraph 2 (o), of the Convention, complete
the adoption of such rules, regulations and procedures within two years of the
request;
(c)
If the Council has not completed the elabrotion of the rules regulations and
procedures relating ro exploitation within the prescribed time and an application
for approval of a plan of work for exploitation is pending, it shall none the less
consider and provisionally approve such plan of work based on the provisions of
the Convention and any rules, regulations and procedures that the Council may
have adopted provisionally, or on the basis of the orms contained in the
Convention and the terms and principles contained on this Annex as well as the
principle of non-discrimination among contractors.
16.
The draft rules, regulations and procedures and any recommendations relating to
the provisions of Part XI, as contained in the reports and recommendations of the
Preparatory Commission, shall be taken into account by the Authority in the
adoption of rules, regulations and procedures in accordance with Part XI and this
Agrrement.
17.
The relevant provisions of Part XI, section 4, of the Convention shall be
interpreted and applied in accordance with this Agreement.
PRESIDEN
REPUBLIK INDONESIA
SECTION 2. THE ENTERPRISE
1.
The Secretary of the Authority shall perform the functions of the Enterprise until it
begins to operate independently of the Secretariat. The Secretary-general of the
Authority shall appoint from within the staff of the Authority an interim
Director-general to oversee the performance of these functions by the Sceretariat.
These functions shall, be:
(a)
Monitoring and review of trends and developments relating to deep seabed
mining activities, including regular analysis of world metal market conditions and
metal prices, trends and prospects;
(b)
Assessment of the results of the conduct of marine scientific research with
respect to activities in the Area, with particular emphasis on research related to the
environmental impact of activities in the Area;
(c)
Assessment of available data relating to prospecting and exploration,
including the criteria for such activities;
(d)
Assessment of technological developments relevant to activities in the Area,
inparticular technology relating to the protection and preservation of the marime
environment;
(e)
Evaluation of information and data relating to areas reserves for the
Authority;
(f)
Assessment of approaches to joint-venture operations;
(g)
Collection of information on the vailability of trained manpower;
(h)
Study of managerial policy options for the administration of the Enterprise
at different stages of its operations.
2.
The Enterprise shall conduct its initial deep seabed mining operations through joint
ventures. Upon the approval of a plan of work for exploitation for an entity other
than the Enterprise, or uponreceipt by the Council of an application for a
joint-venture operation with the Enterprise, the Council shall take up the issues of
the functioning of the Enterprise independently of the Secretary of the Authority. If
PRESIDEN
REPUBLIK INDONESIA
joint-venture operations with the Enterprise, the Council shall take up the issue of
the functioning of the Enterprise independently of the Secretariat of the Authority.
If joint-venture operations with the Enterprise accord with sound commercial
principles, the Council shall issue a active pursuant to article 170, paragraph 2, of
the Convention providing for such independent functioning.
3.
The obligation of States Parties to fund one mine site of the Enterprise as provided
for in Annex IV, article 11, paragraph 3, of the Convention shall not apply and
States Parties shall be under no obligation to finance any of the operations in any
mine site of the Enterprise or under its joint-venture arrangements.
4.
The
obligations
applicable
to
contractors
shall
apply
to
the
Enterprise,
Notwithstanding the provisions of article 153, paragraph 3, and Annex III, article
3, paragraph 5, of the Convention, a plan of work for the Enterprise upon its
approval shall be in the form of a contract concluded between the Authority and
the Enterprise.
5.
A contractor which has contributed a particular area to the Authority as a reserved
area has the right of first refusal to enter into a joint-venture arrangement with the
Enterprise for exploration and exploitation of that area, if the Enterprise does not
submit an application for a plan of work for activities in respect of such a reserved
area within 15 years of the commencement of its functions independent of the
Secretariat of the Authority or within 15 years of the date on which that area is
reserved for the Authority, whichever is the later, the contractor which contributed
the area shall be entitled to apply for a plan of work for that area provided it offers
in good faith to include the Enterprise as a joint-venture partner.
6.
Article 170, paragraph 4, Annex IV and other provisions of the Convention
relating to the Enterprise shall be interpreted and applied in accordance with this
section.
SECTION 3. DECISION MAKING
1.
The general policies of the Authority shall be established by the Assembly in
collaboration with the Council.
PRESIDEN
REPUBLIK INDONESIA
2.
As a general rule, decision-making in the organs of the Authority should be by
consensus.
3.
If all efforts to reach a decision by consensus have been exhousted, decisions by
voting in the Assembly on questions of procedure shall be taken by a majority of
members present and voting, and decisions on questions of substance shall be
taken by a two-thirds majority of members present and voting, as provided for in
article 159, paragraph 8, of the Convention.
4.
Decisions of the Assembly on any matter for which the Council also has
competence or on any administrative, budhetary or financial matter shall be based
on the recommendations of the Council. If the Assembly does not accept the
recommendation of the Council on may matter, it shall return the matter to the
Council for further consideration. The Council shall reconsider the matter in the
light of the views expressed by the Assembly.
5.
If all efforts to reach a decision by consensus have been exhausted, decisions by
voting in the Council on questions of procedure shall be taken by a mojority of
members present and voting, and decisions on question of substance, except where
the Convention provides for decisions by consensus in the Council, shall be taken
by a two-thirds majority of members present and voting provided that such
decisions are not opposed by a majority in any one of the chambers referred to in
paragraph 9. In taking decisions the Council shall seek to promote the interests of
all the members of the Authority.
6.
The Council may defer the taking of a decision in order to facilitate further
negotiation wheneever it appears that all efforts at achieving consensus on a
question have not been exhouseted.
7.
Decisions by the Assembly or the Council having financial or budgetary
implications shall be based on the recommendations of the Finance Committee.
8.
The provisions of article 161, paragraph 8 (b) and (c), of the Convention shall not
apply.
9.
(a)
Each group of States elected under paragraph 15 (a) to (c) shall be treated
as a chamber for the purposes of voting in the Council. The developing States
elected under paragraph 15 (d) and (e) shall be treated as a single chamber for the
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purposes of voting in the Council.
(b)
Before electing the members of the Council, the Assembly shall establish
lists of countries fulfilling the criteria for membership in the groups of States in
paragraph 15 (a) to (d). If a State fulfils the criteria for membership in more than
one group, it may only be proposed by one group for election to the Council and it
shall represent only that group in voting in the Council.
10.
Each group of States in paragraph 15 (a) to (d) shall be represented in the Council
by those members nominated by that group. Each group shall nominate only as
many conditions as the number of seats required to be filled by that group. When
the number of potential candidates in each of the groups referred to in paragraph
15 (a) to (e) exceeds the number of seats available ineach of those respective
groups, as a general rule, the principle of rotattion shall apply. States members of
each of those groups shall determine how this principle shall apply in those groups.
11.
(a)
The Council shall approve a recommendation by the Legal and Technical
Commission for approval of a plan of work unless by a two-thirds majority of its
members present and voting. including a majority of members present and voting
in each of the chambers of the Council, the Council decides to disapprove a plan of
work. If the Council does not take a decision on a recommendation for approval of
a plan of work within a prescribed period, the recommendation shall be deemed to
have been approved by the Council at the end of that period. The prescribed period
shall normally be 60 days unless the Council decides to provide for a longer
period. If the Commission recommends the disapproval of a plan of work or does
not make a recommendation, the Council may nevertheless approve the plan of
work in accordance with its rules of procedure for decision-making on questions of
substance.
(b)
The provisions of Article 162, paragraph 2 (j), of the Convention shall not
apply;
12.
Where a dispute arises relating to the disapproval of a plan of work, such dispute
shall be submitted to the dispute settlement procedures set out in the Convention.
13.
Decisions by voting in the Legal and Technical Commission shall be by a maority
of members present and voting.
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14.
Part XI, section 4, subsections B and C, of the Convention shall be interpreted and
applied in accordance with this section.
15.
The Council shall consist of 36 members of the Authority elected by the Assembly
in the following order;
(a)
Four members from among those States Parties which, during the last five
years for which statistics are vailable, have either consumed more than 2 per cent
in value terms of total world consumption or have had net imports of more than 2
per cent in value terms of total world imports of the commodities produced from
the categories of minerals to be derived from the Are, provided that the four
members shall include one State from the Eastern European region having the
largest economy in that region in terms of gross domestic
product
and
the
State, on the date of entry into force of the Convention, having the largest
economy in terms of gross domestic product, if such State wish to be represented
in this group;
(b)
Four members from among the eight States Parties which have made the
largest investments in preparation for and in the conduct of activities in the Area,
either directly or through their nationals;
(c)
Four members from among States Parties which, on the basis of production
inareas under their jurisdiction, are major net exporters of the categories of
minerals to be derived from the Area, including at least two developing States
whose exports of such minerals have a substantial bearing upon their economies;
(d)
Six members from among developing States Parties, representing special
interests. The special interests to be represented shall include those of States with
large populations, States which are land-locked or geographically disadvantaged,
island States, States which are mah\jor importers of the categories of minerals to
be derived from the Area, States which are potential producers of such minerals
and least developed States;
(e)
Eighteen members elected according to the principle of ensuring an
equiptable geographical distribution of seats in the Council as a whole, provided
that each geographical region shall have at least one member elected under this
subparagraph. For this purpose, the geographical regions shall be Africa, Asia,
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Eastern Europe, Latin Amerika and the Caribbean and Western Europe and Others.
16.
The provisions of article 161, paragraph 1, of the Convention shall not apply.
SECTION 4. REVIEW CONFERENCE
The provisions relating to the Review Conference in article 155, paragraphs 1, 3
and 4, of the Convention shall not apply. Notwithstanding the provisiona of article 314,
paragraph 2, of the Convention, the Assembly, on the recommendation of the Council,
may undertake at any time a review of the matters referred to in article 155, paragraph 1,
of the Convention. Amendments relating to this Agreement and Part XI shall be subject to
the procedures Contained in articles 314, 315 and 316 of the Convention, provided that
the principles, regime and other terms referred to in article 155, paragraph 2, of the
Convention shall be maintained and the rights referred to in pargraph 5 of that article
shall not be affected.
SECTION 5. TRANSFER OF TECHNOLOGY
1.
In addition to the provisions of article 144 of the Convention, transfer of
technology for the purposes of Part XI shall be governed by the following
principles;
(a)
The Enterprise, and developing States wishing to obtain deep seabed
mining technology, shall seek to obtain such technology on fair and reasonable
commercial terms and conditions on the open market, or through joint-venture
arrangements;
(b)
If the Enterprise or developing States are unable to obtain deep seabed
mining technology, the Authority may request all or any of the contractors and
their respective sponsoring State or States to cooperate with it in facilitating the
acquisition of deep seabed mining technology by the Enterprise or its joint venture,
or by a developing State or States seeking to acquire such technology on fair and
reasonable commercial terms and conditions, consistent with the effective
protection of intellectual property rights. States Parties undertake to cooperate fully
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and effectively with the Authority for this purpose and to ensure that contractors
sponsored by them also cooperate fully with the Authority;
(c)
As a general rule, States Parties shall promote international technical and
scientific cooperation with regard to activities in the Area either between the
parties concerned or by developing training, technical assistance and scientific
cooperation programmes in marine science and technology and the protection and
preservation of the marine environment.
2.
The provisions of Annex III, article 5, of the Convention shall not apply.
SECTION 6. PRODUCTION POLICY
1.
The production policy of the Authority shall be based on the following principles;
(a)
development of the resources of the Area shall take place in accordance
with sound commercial principles;
(b)
The provisions of the General Agreement on Tariffs and Trade, its relevant
codes and successor or superseding agreements shall apply with respect to
activities in the Area;
(c)
In particulary there shall be no subsidization of activities in the Area except
as may be permitted under the agreements referred to in subparagraph (b).
Subsidization for the purpose of these principles shall be defined in terms of the
agreements referred to in subparagraph (b);
(d)
There shall be no discrimination between minerals derived from the Area
and from other sources. There shall be no preferential access to markets for such
minerals or for imports of commodities produced from such minerals, in particular;
(i)
by the use tariff or non-tariff barriers; and
(ii)
Given States Parties to such minerals or commodities produced by
their state enterprises or by natural or judicial persons which possess their
nationality or are controlled by them or their nationals;
(e)
The plan or work for exploitation approved by the AUthority in respect of
each mining area shall indicate an anticipated production schedule which shall
include the estimated maximum amounts of minerals that would be produced per
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year under the plan of work;
(f)
The following shall apply to the settlement of disputes concerning the
provisions of the agreements referred to in subparagraph (b);
(i)
Where the States Parties concerned are parties to such agreements,
they shall have recourse to the dispute settlement procedures of those agreements;
(ii)
Where one or more of the States Parties concerned are not parties to
such agreements, they shall have recourse to the dispute settlement procedures set
aout in the Convention;
(g)
In circumstances where a determination is made under the agreements
referred to in subparagraph (b) that a State Party has engaged in subsidization
which is prohibited or has resulted in adverse effects on the interests of another
State Party and appropriate steps have not been taken by the relevant State Party or
States Parties, a State Party may request the Council to take appropriate measures.
2.
The principles contained in paragraph 1 shall not affect the rights and obligations
under any provision of the agreements referred to in paragraph 1 (b), as well as the
relevant free trade and customs union agreements, in relations between States
Parties which are parties to such agreements.
3.
The acceptance by a contractor of subsidies other than those which may be
permitted under the agreements referred to in paragraph 1 (b) shall constitute a
violation of the fundamental terms of the contract forming a plan of work for the
carrying out of activities in the Area.
4.
Any State Party which has reason to bilieve that there has been a breach of the
requirements paragraphs 1 (b) to (d) or 3 may initiate dispute settlement
procedures in conformity with paragraph 1 (f) or (g).
5.
A State Party may at any time bring to the attention of the Council activities which
in its view are inconsistent with the requirements of paragraph 1 (b) to (d).
6.
The Authority shall develop rules, regulations and procedures which ensure the
implementation of the provisions of this section, including relevant rules,
regulations and procedures governing the approval of plans of work.
7.
The provisionals of article 151, paragraphs 1 to 7 and 9, article 162, paragraph 2
(q), article 165, paragraph 2 (n), and Annex III, article 6, paragraph 5, and article
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7, of the Convention shall not apply.
SECTION 7, ECONOMIC ASSISTANCE
1.
The policy of the Authority of assisting developing
countries
which
suffer
serous adverse effects on their export earnings or economies resulting from a
reduction in the price of an affected mineral or in the volume of exports of that
mineral, to the extent that such reduction is coused by activities in the Area, shall
be based on the following principles;
(a)
The Authority shall establish an economic assistance fund from a portion of
the funds of the Authority which exceeds those necessary to cover the
administrative expenses of the Authority. The amount set aside for this purpose
shall be determined by the Council from time to time, upon the recommendation of
the Finance Committee. Only funds from payments received from contractors,
including the Enterprise, and voluntary contributions shall be used for the
establishment of the economic assistance fund;
(b)
Developing land-based producer States whose economies have been
determined to be seriously effected by the production of minerals from the deep
seabed shall be assisted from the economic assistance fund of the Authority;
(c)
The Authority shall provide assistance from the fund to affected developing
land-based producer States, where appropriate, in cooperation with existing global
or regional development institution which have the infrastructure and expertise to
carry out such assistance programmes;
(d)
The extent and period of such assistance shall be determined on a
case-by-case basis. In doing so, dua consideration shall be given to the nature and
magnitude of the problems encountered by affected developing land-based
producer States.
2.
Article 151, paragraph 10, of the Convention shall be implemented by means of
measures of economic assistance referred to in paragraph 1. Article 160, paragraph
2 (1), article 162, paragraph 2 (n), article 164, paragraph 2 (d), article 171,
subparagraph (f), and article 173, paragraph 2 (c), of the Convention shall be
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interpreted accordingly.
SECTION 8. FINANCIAL TERMS OF CONTRACTS
1.
The following principles shall provide the basis for establishing rules regulations
and procedures for financial terms of contracts;
(a)
The system of payments to the Authority shall be fair both to the contractor
and to the Authority and shall provide adequate means of determining compliance
by the contractor with such system;
(b)
The ratse of payments under take the system shall be within the range of
those prevailing in respect of land-based mining of the same or similar minerals in
order to avoid giving deep seabed miners an artificial competitive advantage or
imposing on them a competitive disadvantage;
(c)
The system should not be complicated and should not impose major
administrative costs on the Authority or on a contractor. Consideration should be
given to the adoption of a royalty system or a combination of a royalty and
profit-sharing system. If alternative systems are decided upon, the contractor has
the right to choose the system applicable to its contract. Any subsequent change in
choice between alternative systems, however, shall be made by agreement between
the Authority and the contractor;
(d)
An annual fixed fee shall be payable from the date of commencement of
commercial production. This fee may be credited against other payments due under
the system adopted in accordance with subparahraph (c). The amount of the fee
shall be established by the Council;
(e)
The system of patments may be revised periodically in the light of changing
circumstances. Any change shall be applied in a non-discriminatory manner. Such
change may apply to existing contracts only at the election of the contractor. Any
subsequent change in choice between alternative systems shall be made by
agreement between the Authority and the contractor;
(f)
Disputes concerning the interpretation or application of the rules and
regulations based on these principles shall be subject to the dispute settlement
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procedures set out in the Convention.
2.
The provisions of Annex III, article 13, paragraphs 3 to 10, of the Convention shall
not apply.
3.
With regard to the implementation of Annex III, article 13, paragraph 2, of the
Convention, the fee for processing applications for approval of a plan of work
limited to one phase, either the exploration phase or the expolitation phase, shall
be US$ 250,000.
SECTION 9. THE FINANCE COMMITTEE
1.
There is hereby established a Finance Committee. The Committee shall be
composed of 15 members with appropriate qualifications relevant to financial
matters. States Parties shall nominate candidates of the highest standards of
competence and integrity.
2.
No two members of the Finance Committee shall be nationals of the same State
Party.
3.
Members of the Finance Committee shall be elected by the Assembly and due
account shall be taken of the need for equitable geographical distribution and the
representation of special interests. Each group of States referred to in section 3,
paragraph 15 (a), (b), (c) and (d), of this Annex shall be represented on the
Committee by at least one member. Until the Authority has sufficient funds other
than assessed contributions to meet its administrativ expenses, the membership of
the Committee shall include representatives of the five largest financial
contributors to the administrative budget of the Authority. Thereafter,
the
election of one number from each group shall be on the basis of nomination by the
members of the respective group, without prejudice to the possibility of further
members being being elected from each group.
4.
Members of the Finance Committee shall hold office for a term of five years. They
be eligible for re-election for a further term.
5.
In the event of the death, incapacity or resignation of a member of the Finance
Committee prior to the expiration of the term of office, the Assembly shall elect
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for the remainder of the term a member from the same geographical region or
group of States.
6.
Members of the Finance Committee shall have no financial interest in any activity
relating to matters upon which the Committee has the responsibility to make
recommendations. They shall not disclose, even after the termination of their
functions, any confidential information coming to their knowldge by reason of
their duties for the Authority.
7.
Decisions by the Assembly and the Council on the following issues shall take into
account recommendations of the Finance Committee;
(a)
Draft financial rules, regulations and procedures of the organs of the
Authority and the financial management and internal financial administration of
the Authority;
(b)
Asseasment of contributions of members to the administrative budget of the
Authority in accordance with article 160, paragraph 2 (e), of the Convention;
(c)
All relevant financial matters, including the proposed annual budget
prepared by the Secretary-general of the Authority in accordance with article 172
of the Convention and the financial aspects of the implementation of the
programmes of work of the Secretariat;
(d)
The administrative budget;
(e)
Financial obligation of States Parties arising from the implementation of
this Agreement and Part XI as well as the administrative and budgetary
implications of proposals and recommendations involving expenditure from the
funds of the Authority;
(f)
Rules, regulations and procedures on the equitable sharing of financial and
other economic benefits derived from activities in the Area and the decisions to be
made thereon.
8.
Decisions in the Finance Committee on questions of procedure shall be taken by a
mahority of members present and voting. decisions on questions of substance shall
be taken by consensus.
9.
The requiremnent of article 162, pargraph 2 (y), of the Convention to establish a
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subsidary organ to deal with financial matters shall be deemed to have been
fulfilled by the establishment of the Finance Committee in accordance with this
section.

Keputusan Presiden Nomor 178 Tahun 1999 tentang PENGESAHAN AGREEMENT RELATING TO THE IMPLEMENTATION OF PART XI OF THE UNITED NATIONS CONVENTION ON THE LAW OF SEA OF 10 DECEMBER 1982

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