Browse by concept derived · unofficial · model · unreviewed

Neutral legal concepts and the provisions across the corpus that address each. Tags are a model pass awaiting human review; they describe what a provision is about and take no doctrinal position.

the_area_and_common_heritage (26)

The Area and its resources as the common heritage of mankind; non-appropriation; vesting of rights in mankind as a whole.

US Deep Seabed Hard Mineral Resources Act (DSHMRA): Section 1401. Congressional findings and declaration of purpose.; Section 1402. International objectives.
15 CFR 970 — DSM Exploration Licences (NOAA): Section 970.100. Purpose.
2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): Paragraph 76; Paragraph 148; Paragraph 153; Paragraph 159; Paragraph 179; Paragraph 222; Paragraph 226; Paragraph 230; Paragraph 5
1994 Part XI Implementation Agreement: preamble/chapeau
UNCLOS Part XI (The Area): Article 136. Common heritage of mankind; Article 137. Legal status of the Area and its resources; Article 140. Benefit of mankind; Article 143. Marine scientific research; Article 149. Archaeological and historical objects; Article 150. Policies relating to activities in the Area; Article 155. The Review Conference
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: preamble/chapeau; Regulation 2. Principles, approaches and policies; Section 5. Legal title to Minerals 5.1 The Contractor will obtain title to and property over the Minerals upon recovery of the Minerals from the seabed and ocean floor and subsoil thereof [onto the Contractor’s mining vessel or Installation], in compliance with this Contract. 5.2 This Contract shall not create, nor be deemed to confer, any interest or right on the Contractor in or over any other part of the Area and its Resources other than those rights expressly granted in this Contract.
ISA Polymetallic Nodules Exploration Regulations (2013): preamble/chapeau
ISA Polymetallic Sulphides Exploration Regulations (2010): preamble/chapeau
ISA Cobalt-rich Crusts Exploration Regulations (2012): preamble/chapeau

definitions_and_scope (27)

Defined terms ("resources", "minerals", "activities in the Area") and the scope/application of the instrument.

US Deep Seabed Hard Mineral Resources Act (DSHMRA): Section 1419. Protection of the environment.
15 CFR 970 — DSM Exploration Licences (NOAA): Section 970.300. Purposes and definitions.; Section 970.302. Procedures and criteria for resolving conflicts.
15 CFR 971 — DSM Commercial Recovery Permits (NOAA): Section 971.901. Formal hearing procedures.
1994 Part XI Implementation Agreement: Article 8. States Parties
UNCLOS Part XI (The Area): Article 133. Use of terms; Article 134. Scope of this Part
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 1. Use of terms, [phrases] and scope 1. Terms used in the Convention shall have the same meaning in these Regulations.; Regulation 58. Review of a Plan of Work; Regulation 67. Royalty return period A royalty return period for the purposes of this Part is a half-year return period, from:; Regulation 78. Arm’s-length adjustments 1. For the purposes of this regulation:; Annex IX. Exploitation Contract and schedules THIS CONTRACT made the … day of … between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and … represented by … (hereinafter referred to as “the Contractor”) WITNESSETH as follows: A. Incorporation of clauses The standard clauses set out in Annex X to the Regulations on exploitation of Resources in the Area shall be incorporated herein and shall have effect as if herein set out at length. B. Contract Area For the purposes of this Contract, the “Contract Area” means that part of the Area allocated to the Contractor for Exploitation, defined by the coordinates listed in schedule 1 hereto. C. Grant of rights In consideration of (a) their mutual interest in the conduct of Exploitation in the Contract Area pursuant to the United Nations Convention on the Law of the Sea of 10 December 1982 and the Agreement relating to the Implementation of Part XI of the Convention, (b) the rights and responsibility of the Authority to organize and control activities in the Area, particularly with a view to administering the Resources of the Area, in accordance with the legal regime established in Part XI of the Convention and the Agreement and Part XII of the Convention, respectively, and (c) the interest and financial commitment of the Contractor in conducting activities in the Contract Area and the mutual covenants made herein, the Authority hereby grants to the Contractor the exclusive right to Explore for and Exploit [specified Resource category] in the Contract Area in accordance with the terms and conditions of this Contract. D. Entry into force and Contract term This Contract shall enter into force on signature by both parties and, subject to the standard clauses, shall remain in force for an initial period of [x] years thereafter unless the Contract is sooner terminated, provided that this Contract may be renewed in accordance with the Regulations. E. Entire agreement This Contract expresses the entire agreement between the parties, and no oral understanding or prior writing shall modify the terms hereof. F. Languages This Contract will be provided and executed in the [ … and] English language[s] [and both texts are valid]. IN WITNESS WHEREOF the undersigned, being duly authorized thereto by the respective parties, have signed this Contract at …, this … day of …. The Schedules to the Exploitation Contract; Section 8. Force Majeure 8.1 The Contractor shall not be liable for an unavoidable delay or failure to perform any of its obligations under this Contract due to Force Majeure, provided the Contractor has taken all reasonable steps to overcome the delay or obstacle to performance. For the purposes of this Contract, Force Majeure shall mean an event or condition that the Contractor could not reasonably be expected to prevent or control; provided that the event or condition was not caused by Contractor action, negligence or by a failure to observe Good Industry Practice. 8.2 The Contractor shall give written notice to the Authority of the occurrence of an event of Force Majeure as soon as reasonably possible after its occurrence (specifying the nature of the event or circumstance, what is required to remedy the event or circumstance and if a remedy is possible, the estimated time to cure or overcome the event or circumstance and the obligations that cannot be properly or timely performed on account of the event or circumstance) and similarly give written notice to the Authority of the Restoration of normal conditions. 8.3 The Contractor shall, upon request to the Secretary-General, be granted a time extension equal to the period by which performance was delayed hereunder by Force Majeure and the term of this Contract shall be extended accordingly.; Annex XI. Parent Company Liability Statement THIS “STATEMENT” made the ... day of ... by A. [insert name of Managing Company], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Managing Company]; and B. [insert name of Contractor], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Contractor]; an d irrevocably and unconditionally DECLARE and REPRESENT that: Obligations of [Managing Company] 1. [Managing Company] is jointly and severally liable for any debts and liabilities of [Contractor] arising in relation to:; Annex XI to these Regulations.] “Pilot Mining”] [means an in situ operating of the integrated system of all equipment and all related process steps, including collector, raiser and release techniques, for exploitation activities in a Contract Area under appropriate technical, spatial and temporal conditions which provides evidence concerning, inter alia, environmental impact, commercial capacity, duration of operations to validate feasibility of future Commercial Production. “Plan of Work” means a Plan of Work for Exploitation in the Area, defined collectively as all and any plans or other documents setting out the activities for the conduct of the Exploitation, which form part of, or is proposed to be part of, an Exploitation Contract. “Preservation” means the maintenance of the environment, lands and natural resources without anthropogenic use beyond access. “Preservation Reference Zone” means a zone designated within the Contract Area in accordance with Annex X bis to these Regulations that has been identified as having similar ecological characteristics to an Impact Reference Zone, and within which no mining impacts are predicted to occur, which will be used to show a representative and stable ecosystem from the sea surface to the benthic subsurface layers, and can be used to form a comparison with an Impact Reference Zone. “Protection [of the Marine Environment]” means any action or activity designed to reduce or prevent pollution, negative environmental impacts or other damage to environment, land, ecosystems, natural resources, [traditional ownership or customary use of resources, human remains and Underwater Cultural Heritage, or intangible Underwater Cultural Heritage] by human activities, including to mitigate climate change, to reduce the risk of such damage, to protect and restore biodiversity or to lead to more efficient use of natural resources, including energy-saving measures and the use of renewable sources of energy and other techniques to reduce greenhouse gas emissions and other pollutants, as well as to shift to circular economy models to reduce the use of primary materials and increase efficiencies. It also covers actions that reinforce adaptive capacity and minimise vulnerability to climate impacts. “Regulations” means the regulations on exploitation of Mineral resources in the Area, adopted by the Authority. “Rehabilitation” means an occurrence of when an ecosystem recovers characteristics of its natural state, such as the presence of its original species, functions or services. “Regional Environmental Management Plan” means a proactive spatial management strategy that anticipates exploitation and that includes the designation of areas of Particular Environmental Interest. [Where the Regulations refer to the “applicable Regional Environmental Management Plan”, this shall be understood to mean the Regional Environmental Management Plan adopted by the Council for the particular area and type of resource concerned.] “Related Parties” or “Related Party” means parties that belong to the same corporate structure, such as a parent and subsidiary company, or sister companies which are both subsidiaries of the same parent company, and a state enterprise shall be considered a “Related Party” vis-à-vis its host State party or a Contractor sponsored by its host State party unless evidence is provided that any costs, prices and revenues have been charged or determined on an arm’s-length basis. “Reserved Area” means any part of the Area designated by the Authority as a reserved area in accordance with article 8 of Annex III to the Convention. “Resources” means all solid, liquid or gaseous mineral resources, Mineral-bearing ore, associated Minerals, or mixture thereof in situ in the Area at or beneath the seabed. “Restoration” means a return to pre-disturbance conditions. “Roster of Inspectors” means [to be inserted] “Rules of the Authority” means [the Convention, the Agreement,] these Regulations and other rules, regulations and procedures of the Authority, including Standards and Guidelines as may be adopted from time to time. “Scoping Report” means [to be inserted] “Seabed Mining Register” means the registry established and maintained by the Authority in accordance with regulation 92. [“Serious Harm to the Marine Environment”] means an Environmental Effect that, individually in combination or cumulatively meets any of the following criteria:
ISA Polymetallic Nodules Exploration Regulations (2013): Regulation 1. Use of terms and scope; Annex III. Contract for exploration THIS CONTRACT made the ... day of ... between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and ... represented by ... (hereinafter referred to as “the Contractor”) WITNESSETH as follows: Incorporation of clauses; Section 17. Force majeure 17.1 The Contractor shall not be liable for an unavoidable delay or failure to perform any of its obligations under this contract due to force majeure. For the purposes of this contract, force majeure shall mean an event or condition that the Contractor could not reasonably be expected to prevent or control; provided that the event or condition was not caused by negligence or by a failure to observe good mining industry practice. 17.2 The Contractor shall, upon request, be granted a time extension equal to the period by which performance was delayed hereunder by force majeure and the term of this contract shall be extended accordingly. 17.3 In the event of force majeure, the Contractor shall take all reasonable measures to remove its inability to perform and comply with the terms and conditions of this contract with a minimum of delay. 17.4 The Contractor shall give notice to the Authority of the occurrence of an event of force majeure as soon as reasonably possible, and similarly give notice to the Authority of the restoration of normal conditions.; Section 18. Disclaimer Neither the Contractor nor any affiliated company or subcontractor shall in any manner claim or suggest, whether expressly or by implication, that the Authority or any official thereof has, or has expressed, any opinion with respect to polymetallic nodules in the exploration area and a statement to that effect shall not be included in or endorsed on any prospectus, notice, circular, advertisement, press release or similar document issued by the Contractor, any affiliated company or any subcontractor that refers directly or indirectly to this contract. For the purposes of this section, an “affiliated company” means any person, firm or company or Stateowned entity controlling, controlled by, or under common control with, the Contractor.
ISA Polymetallic Sulphides Exploration Regulations (2010): Regulation 1. Use of terms and scope; Annex 3. Contract for exploration THIS CONTRACT made the day of between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and represented by (hereinafter referred to as “the Contractor”) WITNESSETH as follows: Incorporation of clauses A. The standard clauses set out in annex 4 to the Regulations on Prospecting and Exploration for Polymetallic Sulphides in the Area shall be incorporated herein and shall have effect as if herein set out at length. Exploration area B. For the purposes of this contract, the “exploration area” means that part of the Area allocated to the Contractor for exploration, defined by the coordinates listed in; Section 17. Force majeure 17.1 The Contractor shall not be liable for an unavoidable delay or failure to perform any of its obligations under this contract due to force majeure. For the purposes of this contract, force majeure shall mean an event or condition that the Contractor could not reasonably be expected to prevent or control; provided that the event or condition was not caused by negligence or by a failure to observe good mining industry practice. 17.2 The Contractor shall, upon request, be granted a time extension equal to the period by which performance was delayed hereunder by force majeure and the term of this contract shall be extended accordingly. 17.3 In the event of force majeure, the Contractor shall take all reasonable measures to remove its inability to perform and comply with the terms and conditions of this contract with a minimum of delay. 17.4 The Contractor shall give notice to the Authority of the occurrence of an event of force majeure as soon as reasonably possible, and similarly give notice to the Authority of the restoration of normal conditions.; Section 18. Disclaimer Neither the Contractor nor any affiliated company or subcontractor shall in any manner claim or suggest, whether expressly or by implication, that the Authority or any official thereof has, or has expressed, any opinion with respect to polymetallic sulphides in the exploration area and a statement to that effect shall not be included in or endorsed on any prospectus, notice, circular, advertisement, press release or similar document issued by the Contractor, any affiliated company or any subcontractor that refers directly or indirectly to this contract. For the purposes of this section, an “affiliated company” means any person, firm or company or Stateowned entity controlling, controlled by, or under common control with, the Contractor.
ISA Cobalt-rich Crusts Exploration Regulations (2012): Regulation 1. Use of terms and scope; Annex III. Contract for exploration THIS CONTRACT made the … day of … between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and … represented by … (hereinafter referred to as “the Contractor”) WITNESSETH as follows: Incorporation of clauses; Section 17. Force majeure 17.1 The Contractor shall not be liable for an unavoidable delay or failure to perform any of its obligations under this contract due to force majeure. For the purposes of this contract, force majeure shall mean an event or condition that the Contractor could not reasonably be expected to prevent or control; provided that the event or condition was not caused by negligence or by a failure to observe good mining industry practice. 17.2 The Contractor shall, upon request, be granted a time extension equal to the period by which performance was delayed hereunder by force majeure and the term of this contract shall be extended accordingly. 17.3 In the event of force majeure, the Contractor shall take all reasonable measures to remove its inability to perform and comply with the terms and conditions of this contract with a minimum of delay. 17.4 The Contractor shall give notice to the Authority of the occurrence of an event of force majeure as soon as reasonably possible, and similarly give notice to the Authority of the restoration of normal conditions.; Section 18. Disclaimer Neither the Contractor nor any affiliated company or subcontractor shall in any manner claim or suggest, whether expressly or by implication, that the Authority or any official thereof has, or has expressed, any opinion with respect to cobalt crusts in the exploration area and a statement to that effect shall not be included in or endorsed on any prospectus, notice, circular, advertisement, press release or similar document issued by the Contractor, any affiliated company or any subcontractor that refers directly or indirectly to this contract. For the purposes of this section, an “affiliated company” means any person, firm or company or State-owned entity controlling, controlled by, or under common control with, the Contractor.

sponsoring_state_responsibility_and_liability (246)

Responsibility of States (and sponsoring States) to ensure compliance, and liability for damage arising from activities in the Area.

US Deep Seabed Hard Mineral Resources Act (DSHMRA): Section 1425. Relinquishment, surrender, and transfer of licenses and permits.; Section 1462. Civil penalties.; Section 1465. Liability of vessels.
15 CFR 971 — DSM Commercial Recovery Permits (NOAA): Section 971.803. Relinquishment and surrender of licenses and permits.
2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): preamble/chapeau; Paragraph 1; Paragraph 3; Paragraph 1; Paragraph 29; Paragraph 38; Paragraph 63; Paragraph 69; Paragraph 70; Paragraph 71; Paragraph 75; Paragraph 76; Paragraph 81; Paragraph 82; Paragraph 97; Paragraph 100; Paragraph 101; Paragraph 102; Paragraph 106; Paragraph 107; Paragraph 108; Paragraph 109; Paragraph 110; Paragraph 112; Paragraph 118; Paragraph 119; Paragraph 120; Paragraph 122; Paragraph 123; Paragraph 127; Paragraph 131; Paragraph 133; Paragraph 134; Paragraph 135; Paragraph 137; Paragraph 140; Paragraph 142; Paragraph 143; Paragraph 147; Paragraph 150; Paragraph 152; Paragraph 158; Paragraph 159; Paragraph 160; Paragraph 161; Paragraph 163; Paragraph 166; Paragraph 167; Paragraph 168; Paragraph 169; Paragraph 171; Paragraph 172; Paragraph 173; Paragraph 174; Paragraph 176; Paragraph 177; Paragraph 180; Paragraph 182; Paragraph 183; Paragraph 184; Paragraph 186; Paragraph 187; Paragraph 191; Paragraph 192; Paragraph 195; Paragraph 198; Paragraph 200; Paragraph 201; Paragraph 202; Paragraph 203; Paragraph 204; Paragraph 205; Paragraph 207; Paragraph 209; Paragraph 210; Paragraph 211; Paragraph 214; Paragraph 215; Paragraph 217; Paragraph 219; Paragraph 221; Paragraph 222; Paragraph 224; Paragraph 225; Paragraph 226; Paragraph 228; Paragraph 229; Paragraph 230; Paragraph 231; Paragraph 232; Paragraph 233; Paragraph 234; Paragraph 235; Paragraph 236; Paragraph 238; Paragraph 239; Paragraph 240; Paragraph 3; Paragraph 4; Paragraph 5
1994 Part XI Implementation Agreement: Article 10. Authentic texts
UNCLOS Part XI (The Area): Article 139. Responsibility to ensure compliance and liability for damage; Article 153. System of exploration and exploitation; Article 159. Composition, procedure and voting; Article 162. Powers and functions; Article 168. International character of the Secretariat; Article 174. Borrowing power of the Authority; Article 187. Jurisdiction of the Seabed Disputes Chamber; Article 190. Participation and appearance of sponsoring States Parties in proceedings
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 2. Principles, approaches and policies; Regulation 3. Duty to cooperate and exchange of information In matters relating to these Regulations:; Regulation 5. Qualified Applicants; Regulation 6. Certificate of sponsorship; Regulation 7. Form of applications and information to accompany a Plan of Work 1. Each application for approval of a Plan of Work shall be:; Regulation 12. Rules for considering applications 1. Subject to regulation 10 concerning preference and priority among Applicants, the Commission shall examine applications in the order in which they are received by the Secretary-General and shall assess applications in accordance with this regulation and against the criteria contained in regulation 13, in order to make a report and [submit appropriate] recommendations to the Council whether the Plan of Work under application should be approved, or disapproved, pursuant to regulation 15. [1. bis Subject to paragraph 1 ter., the Commission shall commence the consideration of an application at its next meeting after its receipt of the application provided that the notifications and information pursuant to regulation 11, paragraph 2 bis have been circulated at least 90 Days prior to the commencement of that meeting of the Commission. The Commission may extend consideration of the application to its next meeting if necessary.] [1. bis. Alt. The Commission shall commence its consideration of an application within 30 Days of its receipt of the application, including via virtual and intersessional meetings in addition to its regular meetings, if necessary.]; Regulation 13. Assessment of Applicants and application; Regulation 15. Commission’s recommendation for the approval or disapproval of a Plan of Work; Regulation 18 bis. Obligations of the Contractors; Regulation 18 ter Termination of an Exploitation Contract 1. An Exploitation Contract can only be terminated:; Regulation 20. Term and extension of Exploitation Contracts; Regulation 21. Termination of sponsorship; Regulation 22. Use of Exploitation Contract as security; Regulation 23. Transfer of rights and obligations under an Exploitation Contract; Regulation 24. Change of Control; Regulation 24 bis. Change of Nationality; Regulation 26. Alt. 1 Environmental Performance Guarantee/Alt. 2 Decommissioning and Emergency Response Guarantee/Alt. 3 Closure Guarantee; Regulation 28. Maintaining Commercial Production; Regulation 29. Reduction or suspension in production; Regulation 29 bis. Procedure for suspension or reduction in Exploitation activities; Regulation 29 quat. Ship notification, electronic monitoring and data reporting; Regulation 30. Safety, labour and health standards 1. The Contractor shall ensure at all times that:; Regulation 33. Preventing and responding to Incidents; Regulation 34. Notification of Incidents and Notifiable Events; Regulation 35. Human remains and [objects and sites of an archaeological or historical nature] [Underwater Cultural Heritage]; Regulation 38. Annual report; Regulation 39. Books, records and samples; Regulation 40. Prevention of corruption; Regulation 42. Restrictions on advertisements, prospectuses and other notices; Regulation 43. Compliance with other laws and regulations; Regulation 44. General Obligations; Regulation 44 ter Environmental Goal and Objectives; Regulation 46. [The] Impact Assessment [Process]; Regulation 51. Compliance with the Environmental Management and Monitoring Plan; Regulation 55. Purpose of the Environmental Compensation Fund [1. The purpose of the ECF is to provide adequate compensation for any damage arising from activities conducted under an Exploitation Contract in cases where a Contractor does not meet its liability in full, and where all other options under these Regulations for claiming compensation from the Contractor have been exhausted, while the Sponsoring State is not liable under article 139, paragraph 2, of the Convention. Compensation includes the costs of reasonable measures undertaken to prevent, limit, or remedy damage to the Marine Environment [, as well as those related to restitution, Restoration and Rehabilitation]. 2. The operation of the ECF shall be subject to periodic review.]; Regulation 58. Review of a Plan of Work; Regulation 71. Information to be submitted; Regulation 74. Proper books and records to be kept; Regulation 75. Audit by the Authority; Regulation 76. Assessment by the Authority; Regulation 77. General anti-avoidance rule; Regulation 90. Procedures to ensure confidentiality; Regulation 93. Notice and general procedures 1. [This regulation shall apply to all Communications by and with the Authority].; Regulation 94. Adoption of Standards; Regulation 95 bis. Compliance Committee; Regulation 96 bis. Inspections; Regulation 96 ter Request for inspection [in the event of [harmful effects]] to the Marine Environment] [1. In the event of harmful effects or risk of harmful effects to the Marine Environment, [any State or States] , which have [reasonable] grounds for believing [that] such harmful effects are caused by activities in the Area, shall notify the [Chief Inspector] / [Compliance Committee] [and the relevant Contractor] through the] Secretary-General in writing of the grounds upon which such belief is based and request an inspection. [The notification shall include all relevant evidence, and all documentation supporting the belief that the harmful effects are caused by activities in the Area.] [1. Alt. Where there are grounds for believing a Contractor does not comply with, or is at risk of non-compliance with, the rules, regulations and procedures of the Authority, and the terms of the Exploitation Contract as referred to in regulations 18bis and 98, any State may notify the Chief Inspector through the Secretary-General in writing of the grounds upon which such belief is based and request an inspection. The notification shall include all relevant evidence, and all documentation supporting the noncompliance.] [1. bis In reviewing a Contractor’s annual report, the Commission may inform the Compliance Committee of a possible non-compliance situation on the Contractor’s activities. The Compliance Committee shall consider such situation and may recommend, if necessary, to the Council for initiating an inspection. ] [1. ter Anyone who has reasonable grounds for suspecting that a Contractor has violated the Convention, these Regulations, Exploitation Contracts, or caused harmful effects to the Marine Environment, may request the Compliance Committee through the Secretary-General for inspection in writing.]; Regulation 97. Inspectors: Appointment and supervision; Regulation 99. Inspectors’ power to issue instructions [1. If, as a result of an inspection, an Inspector has reasonable grounds to determine that any occurrence, practice or condition endangers or may endanger the health or safety of any person or poses a [threat]/[risk] of harmful effects to the Marine Environment or to human remains and [Alt. 1 objects and sites of an archaeological or historical nature] [Alt. 2 Underwater Cultural Heritage] [or any venerated sites], the Inspector shall give a written instruction, which shall have immediate effect, of a temporary nature considered reasonably necessary to remedy the situation, in accordance with [regulation 35 and] any applicable Standards, including:; Regulation 100. Inspection Reports; Regulation 103. Compliance and enforcement measures by the Compliance Committee; Regulation 104. Power to take remedial action; Regulation 105. Sponsoring States Without prejudice to regulations 5, 6 and 21, and to the generality of their obligations under article 139, paragraph 2, and article 153, paragraph 4, of the Convention and article 4, paragraph 4, of Annex III to the Convention, Sponsoring States shall, in particular, take all necessary and appropriate measures to secure effective compliance by Contractors they have sponsored in accordance with Part XI of the Convention, the Agreement, rules, regulations and procedures of the Authority and the terms and conditions of the Exploitation Contract.; Regulation 107. Review of these Regulations [1. Five years following [Alt. 1 the approval of these Regulations by the Assembly] [Alt. 2 the signature of the first Exploitation Contract] [Alt. 3 the first date of commencement of Commercial Production], the Council shall undertake a comprehensive review of the manner in which these Regulations have operated in practice and may also reasonably undertake such a review at any time thereafter.] [1. Alt. The Council shall take a full review of these Regulations. This review shall, at least, include:; Section I. Information concerning the applicant 1. Name of applicant. 2. Street address of applicant. 3. Postal address (if different from above). 4. Telephone number of applicant’s Designated Representative. 5. [omitted] 6. Email address of applicant’s Designated Representative. 7. Name of applicant’s Designated Representative.; Section IV. Financial information; Annex V. Emergency Response and Contingency Plan An Emergency Response and Contingency Plan must:; Annex VII. Environmental Management and Monitoring Plan; Section 6. Use of subcontractors and third parties 6.1 No Contractor may subcontract any part of its obligations under this Contract unless the subcontract contains appropriate terms and conditions to ensure that the performance of the subcontract will reflect and uphold the same standards and requirements of this Contract between the Contractor and the Authority. 6.2 The Contractor shall ensure the adequacy of its systems and procedures for the supervision and management of its subcontractors and any work that is further subcontracted, in accordance with Good Industry Practice. 6.2.bis. The Contractor shall apply due diligence in selecting its suppliers, and shall be responsible to ensure the adequacy of goods and services it procures, in accordance with Good Industry Practice].6.3 Nothing in this section shall relieve the Contractor of any obligation or liability under this Contract, and the Contractor shall remain responsible and liable to the Authority for the performance of its obligations under this Contract in the event that it subcontracts any aspect of the performance of those obligations.; Section 7. Responsibility and liability 7.1 [In accordance with the ‘polluter pays’ principle,] the Contractor shall be liable to the Authority for the actual amount of [all environmental damage caused by Contractor activities that were not foreseen in the Plan of Work or that arise from a breach of any conditions of approval, including arising out of activities of the Contractor] / [any damage, including damage to the Marine Environment, arising out of its wrongful acts or omissions, and those of its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this Contract [arising out of its wrongful acts [or omissions]] ] [], account being taken of any contributory acts or omissions by the Authority or third parties. This clause survives the termination of the Contract and applies to all damage [] [arising out of the Contractors wrongful acts [or omissions]] regardless of whether it is caused or arises before, during or after the completion of the Exploitation activities or Contract term. [For the purpose of clauses 7.1 and 7.2, ‘wrongful acts or omissions’, means any unlawful act or omission attributable to the Contractor that results in damage not anticipated and approved in the Plan of Work, irrespective of bad intention or negligence.] [[Recoverable damages under this clause include: costs of reasonable measures to prevent and limit damage to the Marine Environment, lost revenue, reinstatement, pay-out in lieu of actual reinstatement, and/or measures to compensate for third-party economic loss, as well as pure ecological loss and harm to the living resources of the Area.] For the avoidance of doubt, strict liability in this context applies the polluter pays principle, and means, it is not necessary to prove that a Contractor intended to commit or was reckless as to committing a wrongful act or omission, it is necessary only to demonstrate unpermitted damage or harm arose as a result of a Contractor’s wrongful act for the Contractor to be held liable for that damage or harm. ] 7.2 The Contractor shall indemnify the Authority, its employees, subcontractors and agents against all claims and liabilities of any third party arising out of any [wrongful] environmental damage caused by Contractor activities that were not foreseen in the Plan of Work or that arise from a breach of any conditions of approval, including arising from activities of the Contractor. 7.3 The Authority shall be liable to the Contractor for the actual amount of any damage caused to the Contractor arising out of its wrongful acts in the exercise of its powers and functions, including violations under article 168, paragraph 2 of the Convention, account being taken of contributory acts or omissions by the Contractor [its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this Contract] or third parties. 7.4 The Authority shall indemnify the Contractor [its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this Contract] against all claims and liabilities of any third party arising out of any wrongful acts or omissions in the exercise of its powers and functions hereunder, including violations under article 168, paragraph 2 of the Convention.; Section 8. Force Majeure 8.1 The Contractor shall not be liable for an unavoidable delay or failure to perform any of its obligations under this Contract due to Force Majeure, provided the Contractor has taken all reasonable steps to overcome the delay or obstacle to performance. For the purposes of this Contract, Force Majeure shall mean an event or condition that the Contractor could not reasonably be expected to prevent or control; provided that the event or condition was not caused by Contractor action, negligence or by a failure to observe Good Industry Practice. 8.2 The Contractor shall give written notice to the Authority of the occurrence of an event of Force Majeure as soon as reasonably possible after its occurrence (specifying the nature of the event or circumstance, what is required to remedy the event or circumstance and if a remedy is possible, the estimated time to cure or overcome the event or circumstance and the obligations that cannot be properly or timely performed on account of the event or circumstance) and similarly give written notice to the Authority of the Restoration of normal conditions. 8.3 The Contractor shall, upon request to the Secretary-General, be granted a time extension equal to the period by which performance was delayed hereunder by Force Majeure and the term of this Contract shall be extended accordingly.; Section 10. Renunciation of rights 10.1 The Contractor, by prior written notice to the Authority, may renounce without penalty the whole or part of its rights in the Contract Area, provided that the Contractor shall remain liable for all obligations and liabilities accrued prior to the date of s uch renunciation in respect of the whole or part of the Contract Area renounced. Such obligations shall include, inter alia, the payment of any sums outstanding to the Authority, and obligations under the Environmental Management and Monitoring Plan and Closure Plan.; Annex XI. Parent Company Liability Statement THIS “STATEMENT” made the ... day of ... by A. [insert name of Managing Company], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Managing Company]; and B. [insert name of Contractor], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Contractor]; an d irrevocably and unconditionally DECLARE and REPRESENT that: Obligations of [Managing Company] 1. [Managing Company] is jointly and severally liable for any debts and liabilities of [Contractor] arising in relation to:; Annex XI to these Regulations.] “Pilot Mining”] [means an in situ operating of the integrated system of all equipment and all related process steps, including collector, raiser and release techniques, for exploitation activities in a Contract Area under appropriate technical, spatial and temporal conditions which provides evidence concerning, inter alia, environmental impact, commercial capacity, duration of operations to validate feasibility of future Commercial Production. “Plan of Work” means a Plan of Work for Exploitation in the Area, defined collectively as all and any plans or other documents setting out the activities for the conduct of the Exploitation, which form part of, or is proposed to be part of, an Exploitation Contract. “Preservation” means the maintenance of the environment, lands and natural resources without anthropogenic use beyond access. “Preservation Reference Zone” means a zone designated within the Contract Area in accordance with Annex X bis to these Regulations that has been identified as having similar ecological characteristics to an Impact Reference Zone, and within which no mining impacts are predicted to occur, which will be used to show a representative and stable ecosystem from the sea surface to the benthic subsurface layers, and can be used to form a comparison with an Impact Reference Zone. “Protection [of the Marine Environment]” means any action or activity designed to reduce or prevent pollution, negative environmental impacts or other damage to environment, land, ecosystems, natural resources, [traditional ownership or customary use of resources, human remains and Underwater Cultural Heritage, or intangible Underwater Cultural Heritage] by human activities, including to mitigate climate change, to reduce the risk of such damage, to protect and restore biodiversity or to lead to more efficient use of natural resources, including energy-saving measures and the use of renewable sources of energy and other techniques to reduce greenhouse gas emissions and other pollutants, as well as to shift to circular economy models to reduce the use of primary materials and increase efficiencies. It also covers actions that reinforce adaptive capacity and minimise vulnerability to climate impacts. “Regulations” means the regulations on exploitation of Mineral resources in the Area, adopted by the Authority. “Rehabilitation” means an occurrence of when an ecosystem recovers characteristics of its natural state, such as the presence of its original species, functions or services. “Regional Environmental Management Plan” means a proactive spatial management strategy that anticipates exploitation and that includes the designation of areas of Particular Environmental Interest. [Where the Regulations refer to the “applicable Regional Environmental Management Plan”, this shall be understood to mean the Regional Environmental Management Plan adopted by the Council for the particular area and type of resource concerned.] “Related Parties” or “Related Party” means parties that belong to the same corporate structure, such as a parent and subsidiary company, or sister companies which are both subsidiaries of the same parent company, and a state enterprise shall be considered a “Related Party” vis-à-vis its host State party or a Contractor sponsored by its host State party unless evidence is provided that any costs, prices and revenues have been charged or determined on an arm’s-length basis. “Reserved Area” means any part of the Area designated by the Authority as a reserved area in accordance with article 8 of Annex III to the Convention. “Resources” means all solid, liquid or gaseous mineral resources, Mineral-bearing ore, associated Minerals, or mixture thereof in situ in the Area at or beneath the seabed. “Restoration” means a return to pre-disturbance conditions. “Roster of Inspectors” means [to be inserted] “Rules of the Authority” means [the Convention, the Agreement,] these Regulations and other rules, regulations and procedures of the Authority, including Standards and Guidelines as may be adopted from time to time. “Scoping Report” means [to be inserted] “Seabed Mining Register” means the registry established and maintained by the Authority in accordance with regulation 92. [“Serious Harm to the Marine Environment”] means an Environmental Effect that, individually in combination or cumulatively meets any of the following criteria:
ISA Polymetallic Nodules Exploration Regulations (2013): Regulation 9. General Subject to the provisions of the Convention, the following may apply to the Authority for approval of plans of work for exploration:; Regulation 10. Form of applications; Regulation 11. Certificate of sponsorship; Regulation 12. Financial and technical capabilities; Regulation 17. Applications for approval of plans of work with respect to a reserved area; Regulation 21. Consideration by the Legal and Technical Commission; Regulation 27. Training Pursuant to article 15 of annex III to the Convention, each contract shall include as a schedule a practical programme for the training of personnel of the Authority and developing States and drawn up by the contractor in cooperation with the Authority and the sponsoring State or States. Training programmes shall focus on training in the conduct of exploration, and shall provide for full participation by such personnel in all activities covered by the contract. Such training programmes may be revised and developed from time to time as necessary by mutual agreement.; Regulation 29. Termination of sponsorship; Regulation 31. Protection and preservation of the marine environment; Regulation 32. Environmental baselines and monitoring; Regulation 33. Emergency orders; Regulation 34. Rights of coastal States; Regulation 42. Review; Section I. Information concerning the applicant; Section III. Financial and technical informationa; Section 2. Security of tenure 2.1 The Contractor shall have security of tenure and this contract shall not be suspended, terminated or revised except in accordance with sections 20, 21 and 24 hereof. 2.2 The Contractor shall have the exclusive right to explore for polymetallic nodules in the exploration area in accordance with the terms and conditions of this contract. The Authority shall ensure that no other entity operates in the exploration area for a different category of resources in a manner that might unreasonably interfere with the operations of the Contractor. 2.3 The Contractor, by notice to the Authority, shall have the right at any time to renounce without penalty the whole or part of its rights in the exploration area, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation in respect of the area renounced. 2.4 Nothing in this contract shall be deemed to confer any right on the Contractor other than those rights expressly granted herein. The Authority reserves the right to enter into contracts with respect to resources other than polymetallic nodules with third parties in the area covered by this contract. 36 13-40403; Section 8. Training 8.1 In accordance with the Regulations, the Contractor shall, prior to the commencement of exploration under this contract, submit to the Authority for approval proposed training programmes for the training of personnel of the Authority and developing States, including the participation of such personnel in all of the Contractor’s activities under this contract. 8.2 The scope and financing of the training programme shall be subject to negotiation between the Contractor, the Authority and the sponsoring State or States. 8.3 The Contractor shall conduct training programmes in accordance with the specific programme for the training of personnel referred to in section 8.1 hereof approved by the Authority in accordance with the Regulations, which programme, as revised and developed from time to time, shall become a part of this contract as; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 16. Responsibility and liability 16.1 The Contractor shall be liable for the actual amount of any damage, including damage to the marine environment, arising out of its wrongful acts or omissions, and those of its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, including the costs of reasonable measures to prevent or limit damage to the marine environment, account being taken of any contributory acts or omissions by the Authority. 16.2 The Contractor shall indemnify the Authority, its employees, subcontractors and agents against all claims and liabilities of any third party arising out of any wrongful acts or omissions of the Contractor and its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.3 The Authority shall be liable for the actual amount of any damage to the Contractor arising out of its wrongful acts in the exercise of its powers and functions, including violations under article 168 (2) of the Convention, account being taken of contributory acts or omissions by the Contractor, its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.4 The Authority shall indemnify the Contractor, its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its 44 13-40403 operations under this contract, against all claims and liabilities of any third party arising out of any wrongful acts or omissions in the exercise of its powers and functions hereunder, including violations under article 168 (2) of the Convention. 16.5 The Contractor shall maintain appropriate insurance policies with internationally recognized carriers, in accordance with generally accepted international maritime practice.; Section 17. Force majeure 17.1 The Contractor shall not be liable for an unavoidable delay or failure to perform any of its obligations under this contract due to force majeure. For the purposes of this contract, force majeure shall mean an event or condition that the Contractor could not reasonably be expected to prevent or control; provided that the event or condition was not caused by negligence or by a failure to observe good mining industry practice. 17.2 The Contractor shall, upon request, be granted a time extension equal to the period by which performance was delayed hereunder by force majeure and the term of this contract shall be extended accordingly. 17.3 In the event of force majeure, the Contractor shall take all reasonable measures to remove its inability to perform and comply with the terms and conditions of this contract with a minimum of delay. 17.4 The Contractor shall give notice to the Authority of the occurrence of an event of force majeure as soon as reasonably possible, and similarly give notice to the Authority of the restoration of normal conditions.; Section 19. Renunciation of rights The Contractor, by notice to the Authority, shall have the right to renounce its rights and terminate this contract without penalty, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation and those obligations required to be fulfilled after termination in accordance with the Regulations.; Section 20. Termination of sponsorship 20.1 If the nationality or control of the Contractor changes or the Contractor’s sponsoring State, as defined in the Regulations, terminates its sponsorship, the Contractor shall promptly notify the Authority forthwith. 20.2 In either such event, if the Contractor does not obtain another sponsor meeting the requirements prescribed in the Regulations which submits to the Authority a certificate of sponsorship for the Contractor in the prescribed form within the time specified in the Regulations, this contract shall terminate forthwith.
ISA Polymetallic Sulphides Exploration Regulations (2010): Regulation 9. General Subject to the provisions of the Convention, the following may apply to the Authority for approval of plans of work for exploration:; Regulation 10. Form of applications; Regulation 11. Certificate of sponsorship; Regulation 13. Financial and technical capabilities; Regulation 18. Applications for approval of plans of work with respect to a reserved area; Regulation 23. Consideration by the Legal and Technical Commission; Regulation 29. Training Pursuant to article 15 of annex III to the Convention, each contract shall include as a schedule a practical programme for the training of personnel of the Authority and developing States and drawn up by the contractor in cooperation with the Authority and the sponsoring State or States. Training programmes shall focus on training in the conduct of exploration, and shall provide for full participation by such personnel in all activities covered by the contract. Such training programmes may be revised and developed from time to time as necessary by mutual agreement.; Regulation 31. Termination of sponsorship; Regulation 33. Protection and preservation of the marine environment; Regulation 34. Environmental baselines and monitoring; Regulation 35. Emergency orders; Regulation 36. Rights of coastal States; Regulation 44. Review; Section I. Information concerning the applicant; Section III. Financial and technical information; Section 2. Security of tenure 2.1 The Contractor shall have security of tenure and this contract shall not be suspended, terminated or revised except in accordance with sections 20, 21 and 24 hereof. 2.2 The Contractor shall have the exclusive right to explore for polymetallic sulphides in the exploration area in accordance with the terms and conditions of this contract. The Authority shall ensure that no other entity operates in the exploration area for a different category of resources in a manner that might unreasonably interfere with the operations of the Contractor. 2.3 The Contractor, by notice to the Authority, shall have the right at any time to renounce without penalty the whole or part of its rights in the exploration area, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation in respect of the area renounced. 2.4 Nothing in this contract shall be deemed to confer any right on the Contractor other than those rights expressly granted herein. The Authority reserves the right to enter into contracts with respect to resources other than polymetallic sulphides with third parties in the area covered by this contract.; Section 8. Training 8.1 In accordance with the Regulations, the Contractor shall, prior to the commencement of exploration under this contract, submit to the Authority for approval proposed training programmes for the training of personnel of the Authority and developing States, including the participation of such personnel in all of the Contractor’s activities under this contract. 8.2 The scope and financing of the training programme shall be subject to negotiation between the Contractor, the Authority and the sponsoring State or States. 8.3 The Contractor shall conduct training programmes in accordance with the specific programme for the training of personnel referred to in section 8.1 hereof approved by the Authority in accordance with the Regulations, which programme, as revised and developed from time to time, shall become a part of this contract as; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 16. Responsibility and liability 16.1 The Contractor shall be liable for the actual amount of any damage, including damage to the marine environment, arising out of its wrongful acts or omissions, and those of its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, including the costs of reasonable measures to prevent or limit damage to the marine environment, account being taken of any contributory acts or omissions by the Authority. 16.2 The Contractor shall indemnify the Authority, its employees, subcontractors and agents against all claims and liabilities of any third party arising out of any wrongful acts or omissions of the Contractor and its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.3 The Authority shall be liable for the actual amount of any damage to the Contractor arising out of its wrongful acts in the exercise of its powers and functions, including violations under article 168, paragraph 2, of the Convention, account being taken of contributory acts or omissions by the Contractor, its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.4 The Authority shall indemnify the Contractor, its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, against all claims and liabilities of any third party arising out of any wrongful acts or omissions in the exercise of its powers and functions hereunder, including violations under article 168, paragraph 2, of the Convention. 16.5 The Contractor shall maintain appropriate insurance policies with internationally recognized carriers, in accordance with generally accepted international maritime practice.; Section 17. Force majeure 17.1 The Contractor shall not be liable for an unavoidable delay or failure to perform any of its obligations under this contract due to force majeure. For the purposes of this contract, force majeure shall mean an event or condition that the Contractor could not reasonably be expected to prevent or control; provided that the event or condition was not caused by negligence or by a failure to observe good mining industry practice. 17.2 The Contractor shall, upon request, be granted a time extension equal to the period by which performance was delayed hereunder by force majeure and the term of this contract shall be extended accordingly. 17.3 In the event of force majeure, the Contractor shall take all reasonable measures to remove its inability to perform and comply with the terms and conditions of this contract with a minimum of delay. 17.4 The Contractor shall give notice to the Authority of the occurrence of an event of force majeure as soon as reasonably possible, and similarly give notice to the Authority of the restoration of normal conditions.; Section 19. Renunciation of rights The Contractor, by notice to the Authority, shall have the right to renounce its rights and terminate this contract without penalty, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation and those obligations required to be fulfilled after termination in accordance with the Regulations. 46 10-63720; Section 20. Termination of sponsorship 20.1 If the nationality or control of the Contractor changes or the Contractor’s sponsoring State, as defined in the Regulations, terminates its sponsorship, the Contractor shall promptly notify the Authority forthwith. 20.2 In either such event, if the Contractor does not obtain another sponsor meeting the requirements prescribed in the Regulations which submits to the Authority a certificate of sponsorship for the Contractor in the prescribed form within the time specified in the Regulations, this contract shall terminate forthwith.
ISA Cobalt-rich Crusts Exploration Regulations (2012): Regulation 9. General Subject to the provisions of the Convention, the following may apply to the Authority for approval of plans of work for exploration:; Regulation 10. Form of applications; Regulation 11. Certificate of sponsorship; Regulation 13. Financial and technical capabilities; Regulation 18. Applications for approval of plans of work with respect to a reserved area; Regulation 23. Consideration by the Legal and Technical Commission; Regulation 29. Training Pursuant to article 15 of annex III to the Convention, each contract shall include as a schedule a practical programme for the training of personnel of the Authority and developing States and drawn up by the contractor in cooperation with the Authority and the sponsoring State or States. Training programmes shall focus on training in the conduct of exploration, and shall provide for full participation by such personnel in all activities covered by the contract. Such training programmes may be revised and developed from time to time as necessary by mutual agreement.; Regulation 31. Termination of sponsorship; Regulation 33. Protection and preservation of the marine environment; Regulation 34. Environmental baselines and monitoring; Regulation 35. Emergency orders; Regulation 36. Rights of coastal States; Regulation 44. Review; Section I. Information concerning the applicant; Section III. Financial and technical information; Section 2. Security of tenure 2.1 The Contractor shall have security of tenure and this contract shall not be suspended, terminated or revised except in accordance with sections 20, 21 and 24 hereof. 2.2 The Contractor shall have the exclusive right to explore for cobalt crusts in the exploration area in accordance with the terms and conditions of this contract. The Authority shall ensure that no other entity operates in the exploration area for a different category of resources in a manner that might unreasonably interfere with the operations of the Contractor. 2.3 The Contractor, by notice to the Authority, shall have the right at any time to renounce without penalty the whole or part of its rights in the exploration area, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation in respect of the area renounced. 2.4 Nothing in this contract shall be deemed to confer any right on the Contractor other than those rights expressly granted herein. The Authority reserves the right to enter into contracts with respect to resources other than cobalt crusts with third parties in the area covered by this contract.; Section 8. Training 8.1 In accordance with the Regulations, the Contractor shall, prior to the commencement of exploration under this contract, submit to the Authority for approval proposed training programmes for the training of personnel of the Authority and developing States, including the participation of such personnel in all of the Contractor’s activities under this contract. 8.2 The scope and financing of the training programme shall be subject to negotiation between the Contractor, the Authority and the sponsoring State or States. 8.3 The Contractor shall conduct training programmes in accordance with the specific programme for the training of personnel referred to in section 8.1 hereof approved by the Authority in accordance with the Regulations, which programme, as revised and developed from time to time, shall become a part of this contract as; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 16. Responsibility and liability 16.1 The Contractor shall be liable for the actual amount of any damage, including damage to the marine environment, arising out of its wrongful acts or omissions, and those of its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, including the costs of reasonable measures to prevent or limit damage to the marine environment, account being taken of any contributory acts or omissions by the Authority. 16.2 The Contractor shall indemnify the Authority, its employees, subcontractors and agents against all claims and liabilities of any third party arising out of any wrongful acts or omissions of the Contractor and its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.3 The Authority shall be liable for the actual amount of any damage to the Contractor arising out of its wrongful acts in the exercise of its powers and functions, including violations under article 168 (2) of the Convention, account being taken of contributory acts or omissions by the Contractor, its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.4 The Authority shall indemnify the Contractor, its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, against all claims and liabilities of any third party arising out of any wrongful acts or omissions in the exercise of its powers and functions hereunder, including violations under article 168 (2) of the Convention. 16.5 The Contractor shall maintain appropriate insurance policies with internationally recognized carriers, in accordance with generally accepted international maritime practice.; Section 17. Force majeure 17.1 The Contractor shall not be liable for an unavoidable delay or failure to perform any of its obligations under this contract due to force majeure. For the purposes of this contract, force majeure shall mean an event or condition that the Contractor could not reasonably be expected to prevent or control; provided that the event or condition was not caused by negligence or by a failure to observe good mining industry practice. 17.2 The Contractor shall, upon request, be granted a time extension equal to the period by which performance was delayed hereunder by force majeure and the term of this contract shall be extended accordingly. 17.3 In the event of force majeure, the Contractor shall take all reasonable measures to remove its inability to perform and comply with the terms and conditions of this contract with a minimum of delay. 17.4 The Contractor shall give notice to the Authority of the occurrence of an event of force majeure as soon as reasonably possible, and similarly give notice to the Authority of the restoration of normal conditions.; Section 19. Renunciation of rights The Contractor, by notice to the Authority, shall have the right to renounce its rights and terminate this contract without penalty, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation and those obligations required to be fulfilled after termination in accordance with the Regulations. 46 12-57345; Section 20. Termination of sponsorship 20.1 If the nationality or control of the Contractor changes or the Contractor’s sponsoring State, as defined in the Regulations, terminates its sponsorship, the Contractor shall promptly notify the Authority forthwith. 20.2 In either such event, if the Contractor does not obtain another sponsor meeting the requirements prescribed in the Regulations which submits to the Authority a certificate of sponsorship for the Contractor in the prescribed form within the time specified in the Regulations, this contract shall terminate forthwith.

isa_institutional_structure (350)

The International Seabed Authority's organs (Assembly, Council, Legal and Technical Commission, Secretariat, Enterprise): composition, powers, procedure, voting.

2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): preamble/chapeau; Paragraph 3; Paragraph 6; Paragraph 7; Paragraph 19; Paragraph 26; Paragraph 27; Paragraph 29; Paragraph 30; Paragraph 32; Paragraph 33; Paragraph 34; Paragraph 35; Paragraph 36; Paragraph 37; Paragraph 40; Paragraph 41; Paragraph 42; Paragraph 1; Paragraph 2; Paragraph 43; Paragraph 44; Paragraph 45; Paragraph 49; Paragraph 60; Paragraph 71; Paragraph 83; Paragraph 84; Paragraph 137; Paragraph 144; Paragraph 157; Paragraph 198; Paragraph 200; Paragraph 3; Paragraph 4; Paragraph 5
1994 Part XI Implementation Agreement: preamble/chapeau; Article 4. Consent to be bound; Article 9. Depositary; Article 10. Authentic texts
UNCLOS Part XI (The Area): Article 144. Transfer of technology; Article 150. Policies relating to activities in the Area; Article 151. Production policies; Article 152. Exercise of powers and functions by the Authority; Article 153. System of exploration and exploitation; Article 154. Periodic review; Article 155. The Review Conference; Article 157. Nature and fundamental principles of the Authority; Article 158. Organs of the Authority; Article 159. Composition, procedure and voting; Article 160. Powers and functions; Article 161. Composition, procedure and voting; Article 162. Powers and functions; Article 163. Organs of the Council; Article 164. The Economic Planning Commission; Article 165. The Legal and Technical Commission; Article 166. The Secretariat; Article 167. The staff of the Authority; Article 168. International character of the Secretariat; Article 169. Consultation and cooperation with international and non-governmental organizations; Article 170. The Enterprise; Article 171. Funds of the Authority; Article 172. Annual budget of the Authority; Article 173. Expenses of the Authority; Article 174. Borrowing power of the Authority; Article 175. Annual audit; Article 177. Privileges and immunities; Article 182. Privileges and immunities of certain persons connected with the Authority; Article 183. Exemption from taxes and customs duties; Article 184. Suspension of the exercise of voting rights; Article 185. Suspension of exercise of rights and privileges of membership; Article 187. Jurisdiction of the Seabed Disputes Chamber; Article 191. Advisory opinions
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 2. Principles, approaches and policies; Regulation 3. Duty to cooperate and exchange of information In matters relating to these Regulations:; Regulation 4. Rights and legitimate interests of coastal States and duty to notify 1. Nothing in these Regulations shall affect the rights and legitimate interests of coastal States under the Convention, including but not limited to article 142. 2. Applicants, contractors, as well as the Enterprise, shall take all necessary measures to ensure that their activities and foreseen activities in the Area are conducted with due regard to the rights and legitimate interests of the [relevant] [potentially affected] coastal States under the Convention and in accordance with applicable regulations and Standards and taking into account the Guidelines. 3. Without prejudice to other necessary measures taken pursuant to paragraph 2, Applicants, contractors or the Enterprise shall engage with potentially affected coastal States, including by conducting consultations, at an early stage including prior to and after submitting an application and throughout the Exploitation Contract, in accordance with these Regulations and the applicable Standards, and taking into account the Guidelines. 4. The potentially affected coastal States referred to in paragraph 3 above shall [include] / [comprise]:; Regulation 5. Qualified Applicants; Annex III to the Convention.; Regulation 7. Form of applications and information to accompany a Plan of Work 1. Each application for approval of a Plan of Work shall be:; Regulation 8. Area covered by an application; Regulation 9. Receipt, acknowledgement and safe custody of applications The Secretary-General shall:; Regulation 10. Preliminary review of application by the Secretary-General 1. The Secretary-General shall preliminarily review an application for approval of a Plan of Work and determine whether the application contains all [the documents regarding] the information required by regulations 5 to 8 for further processing. 2. Where the Secretary-General determines that an application does not contain all the [documents regarding the] information required by regulations 5 to 8, the SecretaryGeneral shall, within 45 Days of receipt of the application, notify the Applicant, specifying the information which the Applicant must submit in order to complete the application. Further processing of an application will not begin until the Secretary General determines that the application is complete, which includes all required information having been submitted by the Applicant, including payment of the administrative fee specified in regulation 86. [2. bis Where the Secretary-General considers that an application contains [the documents regarding] the information required by regulations 5 to 8, it shall circulate to members of the Authority non-confidential information of a general nature regarding the application, and information enabling them to access a non -confidential version of the application.]; Regulation 11. Publication, notification, and review of the Application 1. The Secretary-General shall, within 7 Days after determining that an application for the approval of a Plan of Work is ready to progress pursuant to regulation 10, [taking into account the confidentiality of the data, place the Environmental Plans and all non confidential parts of Test Mining Report, if applicable submitted, including any supporting material on the Authority’s website for a period of consideration of an application by the Authority, and]consult with all States and Stakeholders in accordance with regulation 93ter on the application[, Environmental Plans and the non-confidential parts of all other documents accompanying the application pursuant to regulation 7]. 2. The Applicant shall consider the comments provided pursuant to paragraph 1 when fulfilling the requirement at regulation 93ter, paragraph 9. The Applicant shall submit any revised documentation and the written response to consultation as required by regulation 93ter, paragraph 9 to the Secretary-General [Alt. 1 within a period of 60 Days following the close of the comment period or such longer period as determined by the Secretary-General following a request by the Applicant. The Secretary-General may extend this time period [for a further 30 Days], upon a reasonable request by the Applicant to revise the plans or responses. Notice of the extension of the period shall be posted on the Authority’s website] [Alt. 2 in a timely manner].; Regulation 12. Rules for considering applications 1. Subject to regulation 10 concerning preference and priority among Applicants, the Commission shall examine applications in the order in which they are received by the Secretary-General and shall assess applications in accordance with this regulation and against the criteria contained in regulation 13, in order to make a report and [submit appropriate] recommendations to the Council whether the Plan of Work under application should be approved, or disapproved, pursuant to regulation 15. [1. bis Subject to paragraph 1 ter., the Commission shall commence the consideration of an application at its next meeting after its receipt of the application provided that the notifications and information pursuant to regulation 11, paragraph 2 bis have been circulated at least 90 Days prior to the commencement of that meeting of the Commission. The Commission may extend consideration of the application to its next meeting if necessary.] [1. bis. Alt. The Commission shall commence its consideration of an application within 30 Days of its receipt of the application, including via virtual and intersessional meetings in addition to its regular meetings, if necessary.]; Regulation 14. Amendments to the proposed Plan of Work; Regulation 15. Commission’s recommendation for the approval or disapproval of a Plan of Work; Section 4. Consideration of an application by the Council; Regulation 16. Consideration and approval of Plans of Work [1. The Council shall [commence at its next meeting considerations of] the reports, recommendations [and the terms and conditions of provided by] the Commission, [Alt. 1 relating to approval of Plans of Work in accordance with paragraph 11 of Section 3 of the Annex to the Agreement, after due consideration, and within 60 Days unless the Council decides to provide for a longer period, the Council shall approve or disapprove the Plan of Work] [Alt. 2 and shall take decisions on approval or disapproval of the Plan of Work in accordance with paragraph 11 of Section 3 of the Annex to the Agreement ].] [1. Alt. The Council shall take decisions on approval or disapproval of the Plan of Work in accordance with paragraph 11 of Section 3 of the Annex to the Agreement.]; Regulation 17. The Exploitation Contract; Regulation 18. Rights and exclusivity under an Exploitation Contract; Regulation 18 bis. Obligations of the Contractors; Regulation 18 ter Termination of an Exploitation Contract 1. An Exploitation Contract can only be terminated:; Regulation 19. Joint arrangements; Regulation 20. Term and extension of Exploitation Contracts; Regulation 21. Termination of sponsorship; Regulation 22. Use of Exploitation Contract as security; Regulation 23. Transfer of rights and obligations under an Exploitation Contract; Regulation 24. Change of Control; Regulation 24 bis. Change of Nationality; Regulation 25. Documents to be submitted prior to [commercial] production; Regulation 25 Alt. Documents to be submitted prior to production; Regulation 26. Alt. 1 Environmental Performance Guarantee/Alt. 2 Decommissioning and Emergency Response Guarantee/Alt. 3 Closure Guarantee; Regulation 28. Maintaining Commercial Production; Regulation 29. Reduction or suspension in production; Regulation 29 bis. Procedure for suspension or reduction in Exploitation activities; Regulation 29 ter Certification of origin; Regulation 29 quin. Risk reduction principles; Regulation 30. Safety, labour and health standards 1. The Contractor shall ensure at all times that:; Regulation 33. Preventing and responding to Incidents; Regulation 34. Notification of Incidents and Notifiable Events; Regulation 35. Human remains and [objects and sites of an archaeological or historical nature] [Underwater Cultural Heritage]; Regulation 36. Insurance; Regulation 37. Training Obligations; Regulation 37 bis. Transfer of Technology [1. The Contractor shall cooperate fully and effectively with the Authority for the purpose of the Authority, the Enterprise or its joint venture, a developing State or States acquiring deep seabed mining technology on fair and reasonable commercial terms and conditions, consistent with the effective protection of intellectual property rights. ] [1. Alt. The Contractor shall include in the Plan of Work undertakings on transfer of technology pursuant to article 144 of the Convention and Section 5 of the Annex to the Agreement.; Regulation 38. Annual report; Regulation 39. Books, records and samples; Regulation 40. Prevention of corruption; Regulation 41. Other Resource categories; Regulation 42. Restrictions on advertisements, prospectuses and other notices; Regulation 43. Compliance with other laws and regulations; Regulation 44. General Obligations; Regulation 44 bis. Regional Environmental Management Plans [1. The Council may request the Commission to prepare a Regional Environmental Management Plan for the regional areas where activities in the Area are likely to take place, for consideration and adoption by the Council.]; Regulation 44 ter Environmental Goal and Objectives; Regulation 45. Development of environmental Standards and Guidelines; Regulation 46. [The] Impact Assessment [Process]; Regulation 47 bis. Scoping; Regulation 48 bis. [New Environmental Impact Assessment and Revised Environmental Impact Statement [or Revision of Environmental Plans]] / [Revision for change or new or increased effect or risk]; Regulation 48 ter Pilot Mining; Regulation 50 bis. Reporting on Environmental Monitoring and Management; Regulation 50 ter Environmental Management System; Regulation 51. Compliance with the Environmental Management and Monitoring Plan; Regulation 52. Performance assessments of the Environmental Management and Monitoring Plan; Regulation 54. Establishment of an Environmental Compensation Fund [1. The Authority hereby establishes the Environmental Compensation Fund, referred to as “the ECF” for the purposes of these Regulations.; Regulation 56. Funding of the Environmental Compensation Fund [1. Consistent with the polluter-pays principle, the ECF shall consist of a one-time contribution paid by Contractors and/or the Enterprise following the approval of a [Plan of Work] and prior to [Commercial Production] [the commencement of activities under an Exploitation Contract], as well as an annual levy paid to the ECF by Contractors and/or the Enterprise, both as determined by the Authority.; Regulation 57. Modification of a Plan of Work by a Contractor; Regulation 58. Review of a Plan of Work; Regulation 60. Final Closure Plan: Cessation of [Commercial] Production; Regulation 61. [Implementation and Monitoring of the Final Closure Plan] 1. The purpose of Closure monitoring is [to]:; Regulation 62. Equality of treatment The Council shall, based on the recommendations of the Commission, apply the provisions of this Part on a transparent, uniform and non-discriminatory basis, and shall ensure equality of financial treatment and comparable financial obligations for Contractors. [Alt. The Council shall, [based on the recommendation of the Commission], apply the regulations of this Part with the purpose of achieving all objectives of the financial terms of the contract envisaged by the Convention. Particular attention shall be given to the objectives of ensuring the transfer of technology, training and scientific knowledge to developing States; providing incentives for Contractors to undertake joint arrangements with the Enterprise and developing States; and guaranteeing equality of financial treatment and comparable financial obligations for Contractors.]; Regulation 63. [Incentives] [1. The Council may, taking into account the recommendations of the Commission and the Economic Planning Commission in accordance with the applicable Standard, provide for incentives, including Financial Incentives[, on a uniform and nondiscriminatory basis,] to Contractors [to undertake joint arrangements with the Enterprise and developing States and their nationals] to further the objectives set out in article 13, paragraph 1, of Annex III to the Convention.] [1. Alt. The Council may, taking into account the recommendations of the Commission and the Economic Planning Commission in accordance with the applicable Standard to provide for incentives, including Financial Incentives, on a uniform and nondiscriminatory basis especially for those from developing States, including small island developing States, to advance the objectives set out in article 13, paragraph 1, of Annex III to the Convention.] [2. [Those]/[Any] incentives shall be applied on a uniform and non-discriminatory basis, to further the objectives set out in article 13, paragraph 1, of Annex III to the Convention [including, where applicable, the objective of stimulating the transfer of technology to, and training the personnel of, the Authority and of developing States ].] [3. The Council shall ensure that, as a result of the Financial Incentives provided to Contractors, Contractors are not subsidized so as to be given an artificial competitive advantage with respect to other Contractors and/or land-based miners.] [4. Any incentives shall be fully compatible with the policies and principles under regulation 2[, any applicable Standards and shall take into account the Guidelines.]] [5. A Financial Incentives Registry shall be established, maintained and published through the Seabed Mining Register, pursuant to regulation 92.]; Regulation 64. Royalty payment A Contractor, from the date of commencement of Commercial Production, shall pay a royalty in respect of the Mineral-bearing ore sold [,during the time of reduction, sold,] or removed without sale from the Contract Area as determined pursuant to paragraph 1 of Section 8 of the Annex to the Agreement in accordance with the applicable Standard. [This regulation is without prejudice to article 11, paragraph 3, of Annex III to the Convention.] Regulation 64bis Equalization measure [A Contractor, from the date that its Plan of Work has been approved, shall pay the equalization measure as determined in accordance with the applicable Standard governing the equalization measure [subject to article 10 of Annex IV to the Convention]. Regulation 64ter Environmental costs The financial terms of a contract shall reflect the environmental externalities of the Exploitation activities permitted under the contract and throughout the value chain. To this end, the Authority shall levy a further royalty reflecting environmental externalities in accordance with regulation 64quat. The further royalty shall complement the royalty provided for in regulation 64.] [Regulation 64 quat. Environmental costs royalties; Regulation 66. Form of royalty returns A royalty return lodged with the Secretary-General shall be in the form prescribed by the applicable Standard and taking into account the Guidelines and signed by the Contractor’s designated official.; Regulation 68. Lodging of royalty returns; Regulation 69. Error or mistake in royalty return A Contractor shall notify the Secretary-General promptly of any error in calculation or mistake of fact in connection with a royalty return or payment of a royalty. [Failure by a Contractor to notify the Secretary-General shall attract a penalty.]; Regulation 70. Payment of royalty shown by royalty return; Regulation 71. Information to be submitted; Regulation 72. [Authority may request additional information] [Request for Additional Information] The Secretary-General may, by notice to a Contractor who has lodged a royalty return, request the Contractor to provide, by the date stated in the notice, which shall be no later than 90 Days from the date of the notice, [additional] information to support the matters stated in the royalty return.; Regulation 73. Overpayment of royalty; Regulation 74. Proper books and records to be kept; Regulation 75. Audit by the Authority; Regulation 76. Assessment by the Authority; Regulation 77. General anti-avoidance rule; Regulation 78. Arm’s-length adjustments 1. For the purposes of this regulation:; Regulation 81. Review of System of Payments; Regulation 82. Review of rates of payments; Regulation 84. Annual reporting fee; Regulation 85. Annual fixed fee; Regulation 86. Application fee for approval of a Plan of Work; Regulation 87. Other applicable fees A Contractor shall pay other prescribed fees in respect of any matter specified by the Council, based on the recommendations of the Finance Committee, in accordance with the applicable rules, regulations and procedures of the Authority.; Regulation 89. Confidentiality of information; Regulation 90. Procedures to ensure confidentiality; Regulation 91. Data and Information to be submitted upon expiration or termination of an Exploitation Contract; Regulation 92. Seabed Mining Register; Regulation 22 and Instruments of Transfer or Assignment in accordance with regulation 23;; Regulation 103 and, where applicable, the corresponding improvement plan;; Regulation 93. Notice and general procedures 1. [This regulation shall apply to all Communications by and with the Authority].; Regulation 93 ter State and Stakeholder Consultation [by an Applicant or Contractor]; Regulation 94. Adoption of Standards; Regulation 95. Issuance of Guidelines; Regulation 95 bis. Compliance Committee; Regulation 96. The [inspection] / [compliance] mechanism; Regulation 96 bis. Inspections; Regulation 96 ter Request for inspection [in the event of [harmful effects]] to the Marine Environment] [1. In the event of harmful effects or risk of harmful effects to the Marine Environment, [any State or States] , which have [reasonable] grounds for believing [that] such harmful effects are caused by activities in the Area, shall notify the [Chief Inspector] / [Compliance Committee] [and the relevant Contractor] through the] Secretary-General in writing of the grounds upon which such belief is based and request an inspection. [The notification shall include all relevant evidence, and all documentation supporting the belief that the harmful effects are caused by activities in the Area.] [1. Alt. Where there are grounds for believing a Contractor does not comply with, or is at risk of non-compliance with, the rules, regulations and procedures of the Authority, and the terms of the Exploitation Contract as referred to in regulations 18bis and 98, any State may notify the Chief Inspector through the Secretary-General in writing of the grounds upon which such belief is based and request an inspection. The notification shall include all relevant evidence, and all documentation supporting the noncompliance.] [1. bis In reviewing a Contractor’s annual report, the Commission may inform the Compliance Committee of a possible non-compliance situation on the Contractor’s activities. The Compliance Committee shall consider such situation and may recommend, if necessary, to the Council for initiating an inspection. ] [1. ter Anyone who has reasonable grounds for suspecting that a Contractor has violated the Convention, these Regulations, Exploitation Contracts, or caused harmful effects to the Marine Environment, may request the Compliance Committee through the Secretary-General for inspection in writing.]; Regulation 97. Inspectors: Appointment and supervision; Regulation 98. Inspectors’ powers; Regulation 99. Inspectors’ power to issue instructions [1. If, as a result of an inspection, an Inspector has reasonable grounds to determine that any occurrence, practice or condition endangers or may endanger the health or safety of any person or poses a [threat]/[risk] of harmful effects to the Marine Environment or to human remains and [Alt. 1 objects and sites of an archaeological or historical nature] [Alt. 2 Underwater Cultural Heritage] [or any venerated sites], the Inspector shall give a written instruction, which shall have immediate effect, of a temporary nature considered reasonably necessary to remedy the situation, in accordance with [regulation 35 and] any applicable Standards, including:; Regulation 100. Inspection Reports; Regulation 101. Complaints relating to Inspections [1. A Contractor who considers that an Inspector has acted unreasonably or outside of the scope of their powers under this Part may complain in writing to the Secretary General, who will transmit the complaint promptly to the Compliance Committee who shall consider the complaint as soon as practicable.] [1. bis A person aggrieved by an action of an Inspector [or a Contractor][or any organ or official of the Authority] under this Part may complain in writing, [providing evidence] to the Secretary General, [who shall report to the Compliance Committee [and] Chief Inspector [or where the Compliance Committee is implicated in the complaint to the Ombudsperson] to consider the complaint as soon as practicable.] [1. Alt. A Contractor or any person directly affected by the conduct of an Inspector or a Contractor in connection with inspection or compliance activities under this Part may submit a written complaint, supported by relevant evidence, to the Secretary -General. The Secretary-General shall promptly transmit the complaint to the Compliance Committee for consideration. Where the compliant involves a member of the Compliance Committee or raises concerns about the Compliance Committee impartiality, the Secretary-General shall refer the matter to the [designated Ombudsperson or another] independent mechanism established by the Council. Complaints must relate specifically to the exercise or non-exercise of powers and duties under this Part and fall within the Compliance Committee’s mandate.] [1. ter The Secretary-General shall acknowledge [receipt of a complaint made under this regulation,] in writing, [and] within 7 Days, specifying the date of receipt.]; Regulation 103. Compliance and enforcement measures by the Compliance Committee; Regulation 104. Power to take remedial action; Regulation 105 bis. Periodic Review of Inspection, Compliance and Enforcement Mechanism; Regulation 107. Review of these Regulations [1. Five years following [Alt. 1 the approval of these Regulations by the Assembly] [Alt. 2 the signature of the first Exploitation Contract] [Alt. 3 the first date of commencement of Commercial Production], the Council shall undertake a comprehensive review of the manner in which these Regulations have operated in practice and may also reasonably undertake such a review at any time thereafter.] [1. Alt. The Council shall take a full review of these Regulations. This review shall, at least, include:; Section IV. Financial information; Section V. Undertakings; Annex IX. Exploitation Contract and schedules THIS CONTRACT made the … day of … between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and … represented by … (hereinafter referred to as “the Contractor”) WITNESSETH as follows: A. Incorporation of clauses The standard clauses set out in Annex X to the Regulations on exploitation of Resources in the Area shall be incorporated herein and shall have effect as if herein set out at length. B. Contract Area For the purposes of this Contract, the “Contract Area” means that part of the Area allocated to the Contractor for Exploitation, defined by the coordinates listed in schedule 1 hereto. C. Grant of rights In consideration of (a) their mutual interest in the conduct of Exploitation in the Contract Area pursuant to the United Nations Convention on the Law of the Sea of 10 December 1982 and the Agreement relating to the Implementation of Part XI of the Convention, (b) the rights and responsibility of the Authority to organize and control activities in the Area, particularly with a view to administering the Resources of the Area, in accordance with the legal regime established in Part XI of the Convention and the Agreement and Part XII of the Convention, respectively, and (c) the interest and financial commitment of the Contractor in conducting activities in the Contract Area and the mutual covenants made herein, the Authority hereby grants to the Contractor the exclusive right to Explore for and Exploit [specified Resource category] in the Contract Area in accordance with the terms and conditions of this Contract. D. Entry into force and Contract term This Contract shall enter into force on signature by both parties and, subject to the standard clauses, shall remain in force for an initial period of [x] years thereafter unless the Contract is sooner terminated, provided that this Contract may be renewed in accordance with the Regulations. E. Entire agreement This Contract expresses the entire agreement between the parties, and no oral understanding or prior writing shall modify the terms hereof. F. Languages This Contract will be provided and executed in the [ … and] English language[s] [and both texts are valid]. IN WITNESS WHEREOF the undersigned, being duly authorized thereto by the respective parties, have signed this Contract at …, this … day of …. The Schedules to the Exploitation Contract; Section 3. Undertakings 3.1 The Authority undertakes to fulfil in good faith its powers and functions under the Convention and the Agreement in accordance with article 157 of the Convention. 3.2 The Contractor shall implement this Contract in good faith and shall in particular implement the Plan of Work in accordance with regulation 18bis. For the avoidance of doubt, the Plan of Work includes:; Section 7. Responsibility and liability 7.1 [In accordance with the ‘polluter pays’ principle,] the Contractor shall be liable to the Authority for the actual amount of [all environmental damage caused by Contractor activities that were not foreseen in the Plan of Work or that arise from a breach of any conditions of approval, including arising out of activities of the Contractor] / [any damage, including damage to the Marine Environment, arising out of its wrongful acts or omissions, and those of its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this Contract [arising out of its wrongful acts [or omissions]] ] [], account being taken of any contributory acts or omissions by the Authority or third parties. This clause survives the termination of the Contract and applies to all damage [] [arising out of the Contractors wrongful acts [or omissions]] regardless of whether it is caused or arises before, during or after the completion of the Exploitation activities or Contract term. [For the purpose of clauses 7.1 and 7.2, ‘wrongful acts or omissions’, means any unlawful act or omission attributable to the Contractor that results in damage not anticipated and approved in the Plan of Work, irrespective of bad intention or negligence.] [[Recoverable damages under this clause include: costs of reasonable measures to prevent and limit damage to the Marine Environment, lost revenue, reinstatement, pay-out in lieu of actual reinstatement, and/or measures to compensate for third-party economic loss, as well as pure ecological loss and harm to the living resources of the Area.] For the avoidance of doubt, strict liability in this context applies the polluter pays principle, and means, it is not necessary to prove that a Contractor intended to commit or was reckless as to committing a wrongful act or omission, it is necessary only to demonstrate unpermitted damage or harm arose as a result of a Contractor’s wrongful act for the Contractor to be held liable for that damage or harm. ] 7.2 The Contractor shall indemnify the Authority, its employees, subcontractors and agents against all claims and liabilities of any third party arising out of any [wrongful] environmental damage caused by Contractor activities that were not foreseen in the Plan of Work or that arise from a breach of any conditions of approval, including arising from activities of the Contractor. 7.3 The Authority shall be liable to the Contractor for the actual amount of any damage caused to the Contractor arising out of its wrongful acts in the exercise of its powers and functions, including violations under article 168, paragraph 2 of the Convention, account being taken of contributory acts or omissions by the Contractor [its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this Contract] or third parties. 7.4 The Authority shall indemnify the Contractor [its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this Contract] against all claims and liabilities of any third party arising out of any wrongful acts or omissions in the exercise of its powers and functions hereunder, including violations under article 168, paragraph 2 of the Convention.; Section 8. Force Majeure 8.1 The Contractor shall not be liable for an unavoidable delay or failure to perform any of its obligations under this Contract due to Force Majeure, provided the Contractor has taken all reasonable steps to overcome the delay or obstacle to performance. For the purposes of this Contract, Force Majeure shall mean an event or condition that the Contractor could not reasonably be expected to prevent or control; provided that the event or condition was not caused by Contractor action, negligence or by a failure to observe Good Industry Practice. 8.2 The Contractor shall give written notice to the Authority of the occurrence of an event of Force Majeure as soon as reasonably possible after its occurrence (specifying the nature of the event or circumstance, what is required to remedy the event or circumstance and if a remedy is possible, the estimated time to cure or overcome the event or circumstance and the obligations that cannot be properly or timely performed on account of the event or circumstance) and similarly give written notice to the Authority of the Restoration of normal conditions. 8.3 The Contractor shall, upon request to the Secretary-General, be granted a time extension equal to the period by which performance was delayed hereunder by Force Majeure and the term of this Contract shall be extended accordingly.; Section 9. Extension 9.1 20.] [Alt. 1 The Contractor may extent this Contract in accordance with regulation [Alt. 2 The Contractor may extent this Contract for periods not more than 10 years each, on the following conditions:; Section 12. Suspension and termination of Contract and penalties 12.1 The Council may suspend or terminate this Contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:; Annex XI. Parent Company Liability Statement THIS “STATEMENT” made the ... day of ... by A. [insert name of Managing Company], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Managing Company]; and B. [insert name of Contractor], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Contractor]; an d irrevocably and unconditionally DECLARE and REPRESENT that: Obligations of [Managing Company] 1. [Managing Company] is jointly and severally liable for any debts and liabilities of [Contractor] arising in relation to:; Annex XI to these Regulations.] “Pilot Mining”] [means an in situ operating of the integrated system of all equipment and all related process steps, including collector, raiser and release techniques, for exploitation activities in a Contract Area under appropriate technical, spatial and temporal conditions which provides evidence concerning, inter alia, environmental impact, commercial capacity, duration of operations to validate feasibility of future Commercial Production. “Plan of Work” means a Plan of Work for Exploitation in the Area, defined collectively as all and any plans or other documents setting out the activities for the conduct of the Exploitation, which form part of, or is proposed to be part of, an Exploitation Contract. “Preservation” means the maintenance of the environment, lands and natural resources without anthropogenic use beyond access. “Preservation Reference Zone” means a zone designated within the Contract Area in accordance with Annex X bis to these Regulations that has been identified as having similar ecological characteristics to an Impact Reference Zone, and within which no mining impacts are predicted to occur, which will be used to show a representative and stable ecosystem from the sea surface to the benthic subsurface layers, and can be used to form a comparison with an Impact Reference Zone. “Protection [of the Marine Environment]” means any action or activity designed to reduce or prevent pollution, negative environmental impacts or other damage to environment, land, ecosystems, natural resources, [traditional ownership or customary use of resources, human remains and Underwater Cultural Heritage, or intangible Underwater Cultural Heritage] by human activities, including to mitigate climate change, to reduce the risk of such damage, to protect and restore biodiversity or to lead to more efficient use of natural resources, including energy-saving measures and the use of renewable sources of energy and other techniques to reduce greenhouse gas emissions and other pollutants, as well as to shift to circular economy models to reduce the use of primary materials and increase efficiencies. It also covers actions that reinforce adaptive capacity and minimise vulnerability to climate impacts. “Regulations” means the regulations on exploitation of Mineral resources in the Area, adopted by the Authority. “Rehabilitation” means an occurrence of when an ecosystem recovers characteristics of its natural state, such as the presence of its original species, functions or services. “Regional Environmental Management Plan” means a proactive spatial management strategy that anticipates exploitation and that includes the designation of areas of Particular Environmental Interest. [Where the Regulations refer to the “applicable Regional Environmental Management Plan”, this shall be understood to mean the Regional Environmental Management Plan adopted by the Council for the particular area and type of resource concerned.] “Related Parties” or “Related Party” means parties that belong to the same corporate structure, such as a parent and subsidiary company, or sister companies which are both subsidiaries of the same parent company, and a state enterprise shall be considered a “Related Party” vis-à-vis its host State party or a Contractor sponsored by its host State party unless evidence is provided that any costs, prices and revenues have been charged or determined on an arm’s-length basis. “Reserved Area” means any part of the Area designated by the Authority as a reserved area in accordance with article 8 of Annex III to the Convention. “Resources” means all solid, liquid or gaseous mineral resources, Mineral-bearing ore, associated Minerals, or mixture thereof in situ in the Area at or beneath the seabed. “Restoration” means a return to pre-disturbance conditions. “Roster of Inspectors” means [to be inserted] “Rules of the Authority” means [the Convention, the Agreement,] these Regulations and other rules, regulations and procedures of the Authority, including Standards and Guidelines as may be adopted from time to time. “Scoping Report” means [to be inserted] “Seabed Mining Register” means the registry established and maintained by the Authority in accordance with regulation 92. [“Serious Harm to the Marine Environment”] means an Environmental Effect that, individually in combination or cumulatively meets any of the following criteria:
ISA Polymetallic Nodules Exploration Regulations (2013): preamble/chapeau; Regulation 2. Prospecting; Regulation 3. Notification of prospecting; Regulation 4. Consideration of notifications; Regulation 5. Protection and preservation of the marine environment during prospecting; Regulation 6. Annual report; Regulation 7. Confidentiality of data and information from prospecting contained in the annual report; Regulation 8. Objects of an archaeological or historical nature A prospector shall immediately notify the Secretary-General in writing of any finding in the Area of an object of actual or potential archaeological or historical nature and its location. The Secretary-General shall transmit such information to the Director General of the United Nations Educational, Scientific and Cultural Organization.; Regulation 9. General Subject to the provisions of the Convention, the following may apply to the Authority for approval of plans of work for exploration:; Regulation 10. Form of applications; Regulation 11. Certificate of sponsorship; Regulation 12. Financial and technical capabilities; Regulation 14. Undertakings Each applicant, including the Enterprise, shall, as part of its application for approval of a plan of work for exploration, provide a written undertaking to the Authority that it will:; Regulation 16. Data and information to be submitted before the designation of a reserved area; Regulation 17. Applications for approval of plans of work with respect to a reserved area; Regulation 18. Data and information to be submitted for approval of the plan of work for exploration Each applicant shall submit, with a view to receiving approval of the plan of work for exploration in the form of a contract, the following information:; Regulation 19. Fee for applications; Regulation 20. Receipt, acknowledgement and safe custody of applications; Regulation 21. Consideration by the Legal and Technical Commission; Regulation 22. Consideration and approval of plans of work for exploration by the Council The Council shall consider the reports and recommendations of the Commission relating to approval of plans of work for exploration in accordance with paragraphs 11 and 12 of section 3 of the annex to the Agreement.; Regulation 23. The contract; Regulation 24. Rights of the contractor; Regulation 25. Size of area and relinquishment; Regulation 26. Duration of contracts; Regulation 28. Periodic review of the implementation of the plan of work for exploration; Regulation 29. Termination of sponsorship; Regulation 31. Protection and preservation of the marine environment; Regulation 32. Environmental baselines and monitoring; Regulation 33. Emergency orders; Regulation 34. Rights of coastal States; Regulation 35. Human remains and objects and sites of an archaeological or historical nature The contractor shall immediately notify the Secretary-General in writing of any finding in the exploration area of any human remains of an archaeological or historical nature, or any object or site of a similar nature and its location, including the preservation and protection measures taken. The Secretary-General shall transmit such information to the Director General of the United Nations Educational, Scientific and Cultural Organization and any other competent international organization. Following the finding of any such human remains, object or site in the exploration area, and in order to avoid disturbing such human remains, object or site, no further prospecting or exploration shall take place, within a reasonable radius, until such time as the Council decides otherwise after taking account of the views of the Director General of the United Nations Educational, Scientific and Cultural Organization or any other competent international organization. 22 13-40403; Regulation 36. Confidentiality of data and information; Regulation 37. Procedures to ensure confidentiality; Regulation 38. Notice and general procedures; Regulation 39. Recommendations for the guidance of contractors; Regulation 42. Review; Section II. Information relating to the area under application; Section III. Financial and technical informationa; Section IV. The plan of work for exploration; Section V. Undertakings; Annex III. Contract for exploration THIS CONTRACT made the ... day of ... between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and ... represented by ... (hereinafter referred to as “the Contractor”) WITNESSETH as follows: Incorporation of clauses; Section 4. Exploration 4.1 The Contractor shall commence exploration in accordance with the time schedule stipulated in the programme of activities set out in schedule 2 hereto and shall adhere to such time periods or any modification thereto as provided for by this contract. 4.2 The Contractor shall carry out the programme of activities set out in schedule 2 hereto. In carrying out such activities the Contractor shall spend in each contract year not less than the amount specified in such programme, or any agreed review thereof, in actual and direct exploration expenditures. 4.3 The Contractor, with the consent of the Authority, which consent shall not be unreasonably withheld, may from time to time make such changes in the programme of activities and the expenditures specified therein as may be necessary and prudent in accordance with good mining industry practice, and taking into account the market conditions for the metals contained in polymetallic nodules and other relevant global economic conditions. 4.4 Not later than 90 days prior to the expiration of each five-year period from the date on which this contract enters into force in accordance with section 3 hereof, the Contractor and the Secretary-General shall jointly undertake a review of the implementation of the plan of work for exploration under this contract. The Secretary-General may require the Contractor to submit such additional data and information as may be necessary for the purposes of the review. In the light of the review, the Contractor shall make such adjustments to its plan of work as are necessary and shall indicate its programme of activities for the following five-year period, including a revised schedule of anticipated yearly expenditures. Schedule 2 hereto shall be adjusted accordingly.; Section 5. Environmental monitoring 5.1 The Contractor shall take necessary measures to prevent, reduce and control pollution and other hazards to the marine environment arising from its activities in the Area as far as reasonably possible applying a precautionary approach and best environmental practices. 5.2 Prior to the commencement of exploration activities, the Contractor shall submit to the Authority:; Section 6. Contingency plans and emergencies 6.1 The Contractor shall, prior to the commencement of its programme of activities under this contract, submit to the Secretary-General a contingency plan to respond effectively to incidents that are likely to cause serious harm or a threat of serious harm to the marine environment arising from the Contractor’s activities at sea in the exploration area. Such contingency plan shall establish special procedures and provide for adequate and appropriate equipment to deal with such incidents and, in particular, shall include arrangements for:; Section 7. Human remains and objects and sites of an archaeological or historical nature The Contractor shall immediately notify the Secretary-General in writing of any finding in the exploration area of any human remains of an archaeological or historical nature, or any object or site of a similar nature and its location, including the preservation and protection measures taken. The Secretary-General shall transmit such information to the Director General of the United Nations Educational, Scientific and Cultural Organization and any other competent international organization. Following the finding of any such human remains, object or site in the exploration area, and in order to avoid disturbing such human remains, object or site, no further prospecting or exploration shall take place, within a reasonable radius, until such time as the Council decides otherwise after taking account of the views of the Director General of the United Nations Educational, Scientific and Cultural Organization or any other competent international organization.; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:; Section 11. Data and information to be submitted on expiration of the contract 11.1 The Contractor shall transfer to the Authority all data and information that are both necessary for and relevant to the effective exercise of the powers and functions of the Authority in respect of the exploration area in accordance with the provisions of this section. 11.2 Upon expiration or termination of this contract the Contractor, if it has not already done so, shall submit the following data and information to the SecretaryGeneral:; Section 13. Undertakings 13.1 The Contractor shall carry out exploration in accordance with the terms and conditions of this contract, the Regulations, Part XI of the Convention, the Agreement and other rules of international law not incompatible with the Convention. 13.2 The Contractor undertakes:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 16. Responsibility and liability 16.1 The Contractor shall be liable for the actual amount of any damage, including damage to the marine environment, arising out of its wrongful acts or omissions, and those of its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, including the costs of reasonable measures to prevent or limit damage to the marine environment, account being taken of any contributory acts or omissions by the Authority. 16.2 The Contractor shall indemnify the Authority, its employees, subcontractors and agents against all claims and liabilities of any third party arising out of any wrongful acts or omissions of the Contractor and its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.3 The Authority shall be liable for the actual amount of any damage to the Contractor arising out of its wrongful acts in the exercise of its powers and functions, including violations under article 168 (2) of the Convention, account being taken of contributory acts or omissions by the Contractor, its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.4 The Authority shall indemnify the Contractor, its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its 44 13-40403 operations under this contract, against all claims and liabilities of any third party arising out of any wrongful acts or omissions in the exercise of its powers and functions hereunder, including violations under article 168 (2) of the Convention. 16.5 The Contractor shall maintain appropriate insurance policies with internationally recognized carriers, in accordance with generally accepted international maritime practice.; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:; Section 26. Notice 26.1 Any application, request, notice, report, consent, approval, waiver, direction or instruction hereunder shall be made by the Secretary-General or by the designated representative of the Contractor, as the case may be, in writing. Service shall be by hand, or by telex, fax, registered airmail or e-mail containing an authorized signature to the Secretary-General at the headquarters of the Authority or to the designated representative. The requirement to provide any information in writing under these Regulations is satisfied by the provision of the information in an e-mail containing a digital signature. 26.2 Either party shall be entitled to change any such address to any other address by not less than ten days’ notice to the other party. 26.3 Delivery by hand shall be effective when made. Delivery by telex shall be deemed to be effective on the business day following the day when the “answer back” appears on the sender’s telex machine. Delivery by fax shall be effective when the “transmit confirmation report” confirming the transmission to the recipient’s published fax number is received by the transmitter. Delivery by registered airmail shall be deemed to be effective 21 days after posting. An e-mail is presumed to have been received by the addressee when it enters an information system designated or used by the addressee for the purpose of receiving documents of the type sent and it is capable of being retrieved and processed by the addressee. 26.4 Notice to the designated representative of the Contractor shall constitute effective notice to the Contractor for all purposes under this contract, and the designated representative shall be the Contractor’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction. 26.5 Notice to the Secretary-General shall constitute effective notice to the Authority for all purposes under this contract, and the Secretary-General shall be the Authority’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction. 48 13-40403
ISA Polymetallic Sulphides Exploration Regulations (2010): preamble/chapeau; Regulation 2. Prospecting; Regulation 3. Notification of prospecting; Regulation 4. Consideration of notifications; Regulation 5. Protection and preservation of the marine environment during prospecting; Regulation 6. Annual report; Regulation 7. Confidentiality of data and information from prospecting contained in the annual report; Regulation 8. Objects of an archaeological or historical nature A prospector shall immediately notify the Secretary-General in writing of any finding in the Area of an object of actual or potential archaeological or historical nature and its location. The Secretary-General shall transmit such information to the Director-General of the United Nations Educational, Scientific and Cultural Organization.; Regulation 9. General Subject to the provisions of the Convention, the following may apply to the Authority for approval of plans of work for exploration:; Regulation 10. Form of applications; Regulation 11. Certificate of sponsorship; Regulation 13. Financial and technical capabilities; Regulation 15. Undertakings Each applicant, including the Enterprise, shall, as part of its application for approval of a plan of work for exploration, provide a written undertaking to the Authority that it will:; Regulation 17. Data and information to be submitted before the designation of a reserved area; Regulation 18. Applications for approval of plans of work with respect to a reserved area; Regulation 19. Equity interest in a joint venture arrangement; Regulation 20. Data and information to be submitted for approval of the plan of work for exploration; Regulation 21. Fee for applications; Regulation 22. Receipt, acknowledgement and safe custody of applications The Secretary-General shall:; Regulation 23. Consideration by the Legal and Technical Commission; Regulation 24. Consideration and approval of plans of work for exploration by the Council The Council shall consider the reports and recommendations of the Commission relating to approval of plans of work for exploration in accordance with paragraphs 11 and 12 of section 3 of the annex to the Agreement.; Regulation 25. The contract; Regulation 26. Rights of the contractor; Regulation 27. Size of area and relinquishment; Regulation 28. Duration of contracts; Regulation 30. Periodic review of the implementation of the plan of work for exploration; Regulation 31. Termination of sponsorship; Regulation 33. Protection and preservation of the marine environment; Regulation 34. Environmental baselines and monitoring; Regulation 35. Emergency orders; Regulation 36. Rights of coastal States; Regulation 37. Human remains and objects and sites of an archaeological or historical nature The contractor shall immediately notify the Secretary-General in writing of any finding in the exploration area of any human remains of an archaeological or historical nature, or any object or site of a similar nature and its location, including the preservation and protection measures taken. The Secretary-General shall transmit such information to the Director-General of the United Nations Educational, Scientific and Cultural Organization and any other competent international organization. Following the finding of any such human remains, object or site in the exploration area, and in order to avoid disturbing such human remains, object or site, no further prospecting or exploration shall take place, within a reasonable radius, until such time as the Council decides otherwise after taking account of the views of the Director-General of the United Nations Educational, Scientific and Cultural Organization or any other competent international organization.; Regulation 38. Confidentiality of data and information; Regulation 39. Procedures to ensure confidentiality; Regulation 40. Notice and general procedures; Regulation 41. Recommendations for the guidance of contractors; Regulation 44. Review; Section II. Information relating to the area under application; Section III. Financial and technical information; Section IV. The plan of work for exploration; Section V. Undertakings; Annex 3. Contract for exploration THIS CONTRACT made the day of between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and represented by (hereinafter referred to as “the Contractor”) WITNESSETH as follows: Incorporation of clauses A. The standard clauses set out in annex 4 to the Regulations on Prospecting and Exploration for Polymetallic Sulphides in the Area shall be incorporated herein and shall have effect as if herein set out at length. Exploration area B. For the purposes of this contract, the “exploration area” means that part of the Area allocated to the Contractor for exploration, defined by the coordinates listed in; Section 4. Exploration 4.1 The Contractor shall commence exploration in accordance with the time schedule stipulated in the programme of activities set out in schedule 2 hereto and shall adhere to such time periods or any modification thereto as provided for by this contract. 4.2 The Contractor shall carry out the programme of activities set out in; Section 5. Environmental monitoring 5.1 The Contractor shall take necessary measures to prevent, reduce and control pollution and other hazards to the marine environment arising from its activities in the Area as far as reasonably possible applying a precautionary approach and best environmental practices. 5.2 Prior to the commencement of exploration activities, the Contractor shall submit to the Authority:; Section 6. Contingency plans and emergencies 6.1 The Contractor shall, prior to the commencement of its programme of activities under this contract, submit to the Secretary-General a contingency plan to respond effectively to incidents that are likely to cause serious harm or a threat of serious harm to the marine environment arising from the Contractor’s activities at sea in the exploration area. Such contingency plan shall establish special procedures and provide for adequate and appropriate equipment to deal with such incidents and, in particular, shall include arrangements for:; Section 7. Human remains and objects and sites of an archaeological or historical nature The Contractor shall immediately notify the Secretary-General in writing of any finding in the exploration area of any human remains of an archaeological or historical nature, or any object or site of a similar nature and its location, including the preservation and protection measures taken. The Secretary-General shall 40 10-63720 transmit such information to the Director-General of the United Nations Educational, Scientific and Cultural Organization and any other competent international organization. Following the finding of any such human remains, object or site in the exploration area, and in order to avoid disturbing such human remains, object or site, no further prospecting or exploration shall take place, within a reasonable radius, until such time as the Council decides otherwise after taking account of the views of the Director-General of the United Nations Educational, Scientific and Cultural Organization or any other competent international organization.; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:; Section 11. Data and information to be submitted on expiration of the contract 11.1 The Contractor shall transfer to the Authority all data and information that are both necessary for and relevant to the effective exercise of the powers and functions of the Authority in respect of the exploration area in accordance with the provisions of this section. 11.2 Upon expiration or termination of this contract the Contractor, if it has not already done so, shall submit the following data and information to the SecretaryGeneral:; Section 13. Undertakings 13.1 The Contractor shall carry out exploration in accordance with the terms and conditions of this contract, the Regulations, Part XI of the Convention, the Agreement and other rules of international law not incompatible with the Convention. 13.2 The Contractor undertakes:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 16. Responsibility and liability 16.1 The Contractor shall be liable for the actual amount of any damage, including damage to the marine environment, arising out of its wrongful acts or omissions, and those of its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, including the costs of reasonable measures to prevent or limit damage to the marine environment, account being taken of any contributory acts or omissions by the Authority. 16.2 The Contractor shall indemnify the Authority, its employees, subcontractors and agents against all claims and liabilities of any third party arising out of any wrongful acts or omissions of the Contractor and its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.3 The Authority shall be liable for the actual amount of any damage to the Contractor arising out of its wrongful acts in the exercise of its powers and functions, including violations under article 168, paragraph 2, of the Convention, account being taken of contributory acts or omissions by the Contractor, its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.4 The Authority shall indemnify the Contractor, its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, against all claims and liabilities of any third party arising out of any wrongful acts or omissions in the exercise of its powers and functions hereunder, including violations under article 168, paragraph 2, of the Convention. 16.5 The Contractor shall maintain appropriate insurance policies with internationally recognized carriers, in accordance with generally accepted international maritime practice.; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:; Section 26. Notice 26.1 Any application, request, notice, report, consent, approval, waiver, direction or instruction hereunder shall be made by the Secretary-General or by the designated representative of the Contractor, as the case may be, in writing. Service shall be by hand, or by telex, facsimile, registered airmail or electronic mail containing an authorized signature to the Secretary-General at the headquarters of the Authority or to the designated representative. The requirement to provide any information in writing under these Regulations is satisfied by the provision of the information in an electronic document containing a digital signature. 26.2 Either party shall be entitled to change any such address to any other address by not less than ten days’ notice to the other party. 26.3 Delivery by hand shall be effective when made. Delivery by telex shall be deemed to be effective on the business day following the day when the “answer back” appears on the sender’s telex machine. Delivery by facsimile shall be effective when the “transmit confirmation report” confirming the transmission to the recipient’s published facsimile number is received by the transmitter. Delivery by registered airmail shall be deemed to be effective 21 days after posting. An electronic document is presumed to have been received by the addressee when it enters an information system designated or used by the addressee for the purpose of receiving documents of the type sent and it is capable of being retrieved and processed by the addressee. 26.4 Notice to the designated representative of the Contractor shall constitute effective notice to the Contractor for all purposes under this contract, and the designated representative shall be the Contractor’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction. 26.5 Notice to the Secretary-General shall constitute effective notice to the Authority for all purposes under this contract, and the Secretary-General shall be the Authority’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction.
ISA Cobalt-rich Crusts Exploration Regulations (2012): preamble/chapeau; Regulation 2. Prospecting; Regulation 3. Notification of prospecting; Regulation 4. Consideration of notifications; Regulation 5. Protection and preservation of the marine environment during prospecting; Regulation 6. Annual report; Regulation 7. Confidentiality of data and information from prospecting contained in the annual report; Regulation 8. Objects of an archaeological or historical nature A prospector shall immediately notify the Secretary-General in writing of any finding in the Area of an object of actual or potential archaeological or historical nature and its location. The Secretary-General shall transmit such information to the Director-General of the United Nations Educational, Scientific and Cultural Organization.; Regulation 9. General Subject to the provisions of the Convention, the following may apply to the Authority for approval of plans of work for exploration:; Regulation 10. Form of applications; Regulation 11. Certificate of sponsorship; Regulation 13. Financial and technical capabilities; Regulation 15. Undertakings Each applicant, including the Enterprise, shall, as part of its application for approval of a plan of work for exploration, provide a written undertaking to the Authority that it will:; Regulation 17. Data and information to be submitted before the designation of a reserved area; Regulation 18. Applications for approval of plans of work with respect to a reserved area; Regulation 19. Equity interest in a joint venture arrangement; Regulation 20. Data and information to be submitted for approval of the plan of work for exploration; Regulation 21. Fee for applications; Regulation 22. Receipt, acknowledgement and safe custody of applications The Secretary-General shall:; Regulation 23. Consideration by the Legal and Technical Commission; Regulation 24. Consideration and approval of plans of work for exploration by the Council The Council shall consider the reports and recommendations of the Legal and Technical Commission relating to approval of plans of work for exploration in accordance with paragraphs 11 and 12 of section 3 of the annex to the Agreement.; Regulation 25. The contract; Regulation 26. Rights of the contractor; Regulation 27. Size of area and relinquishment; Regulation 28. Duration of contracts; Regulation 30. Periodic review of the implementation of the plan of work for exploration; Regulation 31. Termination of sponsorship; Regulation 33. Protection and preservation of the marine environment; Regulation 34. Environmental baselines and monitoring; Regulation 35. Emergency orders; Regulation 36. Rights of coastal States; Regulation 37. Human remains and objects and sites of an archaeological or historical nature The contractor shall immediately notify the Secretary-General in writing of any finding in the exploration area of any human remains of an archaeological or historical nature, or any object or site of a similar nature and its location, including the preservation and protection measures taken. The Secretary-General shall immediately transmit such information to the Director-General of the United Nations Educational, Scientific and Cultural Organization and any other competent international organization. Following the finding of any such human remains, object or site in the exploration area, and in order to avoid disturbing such human remains, object or site, no further prospecting or exploration shall take place, within a reasonable radius, until such time as the Council decides otherwise after taking account of the views of the Director-General of the United Nations Educational, Scientific and Cultural Organization or any other competent international organization.; Regulation 38. Confidentiality of data and information; Regulation 39. Procedures to ensure confidentiality; Regulation 40. Notice and general procedures; Regulation 41. Recommendations for the guidance of contractors; Regulation 44. Review; Section II. Information relating to the area under application; Section III. Financial and technical information; Section IV. The plan of work for exploration; Section V. Undertakings; Annex III. Contract for exploration THIS CONTRACT made the … day of … between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and … represented by … (hereinafter referred to as “the Contractor”) WITNESSETH as follows: Incorporation of clauses; Section 4. Exploration 4.1 The Contractor shall commence exploration in accordance with the time schedule stipulated in the programme of activities set out in schedule 2 hereto and shall adhere to such time periods or any modification thereto as provided for by this contract. 4.2 The Contractor shall carry out the programme of activities set out in schedule 2 hereto. In carrying out such activities the Contractor shall spend in each contract year not less than the amount specified in such programme, or any agreed review thereof, in actual and direct exploration expenditures. 4.3 The Contractor, with the consent of the Authority, which consent shall not be unreasonably withheld, may from time to time make such changes in the programme of activities and the expenditures specified therein as may be necessary and prudent in accordance with good mining industry practice, and taking into account the market conditions for the metals contained in cobalt crusts and other relevant global economic conditions. 4.4 Not later than 90 days prior to the expiration of each five-year period from the date on which this contract enters into force in accordance with section 3 hereof, the Contractor and the Secretary-General shall jointly undertake a review of the implementation of the plan of work for exploration under this contract. The Secretary-General may require the Contractor to submit such additional data and information as may be necessary for the purposes of the review. In the light of the review, the Contractor shall make such adjustments to its plan of work as are 38 12-57345 necessary and shall indicate its programme of activities for the following five-year period, including a revised schedule of anticipated yearly expenditures. Schedule 2 hereto shall be adjusted accordingly.; Section 5. Environmental monitoring 5.1 The Contractor shall take necessary measures to prevent, reduce and control pollution and other hazards to the marine environment arising from its activities in the Area as far as reasonably possible applying a precautionary approach and best environmental practices. 5.2 Prior to the commencement of exploration activities, the Contractor shall submit to the Authority:; Section 6. Contingency plans and emergencies 6.1 The Contractor shall, prior to the commencement of its programme of activities under this contract, submit to the Secretary-General a contingency plan to respond effectively to incidents that are likely to cause serious harm or a threat of serious harm to the marine environment arising from the Contractor’s activities at sea in the exploration area. Such contingency plan shall establish special procedures and provide for adequate and appropriate equipment to deal with such incidents and, in particular, shall include arrangements for:; Section 7. Human remains and objects and sites of an archaeological or historical nature The Contractor shall immediately notify the Secretary-General in writing of any finding in the exploration area of any human remains of an archaeological or historical nature, or any object or site of a similar nature and its location, including the preservation and protection measures taken. The Secretary-General shall 40 12-57345 transmit such information to the Director-General of the United Nations Educational, Scientific and Cultural Organization and any other competent international organization. Following the finding of any such human remains, object or site in the exploration area, and in order to avoid disturbing such human remains, object or site, no further prospecting or exploration shall take place, within a reasonable radius, until such time as the Council decides otherwise after taking account of the views of the Director-General of the United Nations Educational, Scientific and Cultural Organization or any other competent international organization.; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:; Section 11. Data and information to be submitted on expiration of the contract 11.1 The Contractor shall transfer to the Authority all data and information that are both necessary for and relevant to the effective exercise of the powers and functions of the Authority in respect of the exploration area in accordance with the provisions of this section. 11.2 Upon expiration or termination of this contract the Contractor, if it has not already done so, shall submit the following data and information to the SecretaryGeneral:; Section 13. Undertakings 13.1 The Contractor shall carry out exploration in accordance with the terms and conditions of this contract, the Regulations, Part XI of the Convention, the Agreement and other rules of international law not incompatible with the Convention. 13.2 The Contractor undertakes:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 16. Responsibility and liability 16.1 The Contractor shall be liable for the actual amount of any damage, including damage to the marine environment, arising out of its wrongful acts or omissions, and those of its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, including the costs of reasonable measures to prevent or limit damage to the marine environment, account being taken of any contributory acts or omissions by the Authority. 16.2 The Contractor shall indemnify the Authority, its employees, subcontractors and agents against all claims and liabilities of any third party arising out of any wrongful acts or omissions of the Contractor and its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.3 The Authority shall be liable for the actual amount of any damage to the Contractor arising out of its wrongful acts in the exercise of its powers and functions, including violations under article 168 (2) of the Convention, account being taken of contributory acts or omissions by the Contractor, its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.4 The Authority shall indemnify the Contractor, its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, against all claims and liabilities of any third party arising out of any wrongful acts or omissions in the exercise of its powers and functions hereunder, including violations under article 168 (2) of the Convention. 16.5 The Contractor shall maintain appropriate insurance policies with internationally recognized carriers, in accordance with generally accepted international maritime practice.; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:; Section 26. Notice 26.1 Any application, request, notice, report, consent, approval, waiver, direction or instruction hereunder shall be made by the Secretary-General or by the designated representative of the Contractor, as the case may be, in writing. Service shall be by hand, or by telex, fax, registered airmail or e-mail containing an authorized signature to the Secretary-General at the headquarters of the Authority or to the designated representative. The requirement to provide any information in writing under these Regulations is satisfied by the provision of the information in an electronic document containing a digital signature. 26.2 Either party shall be entitled to change any such address to any other address by not less than ten days’ notice to the other party. 26.3 Delivery by hand shall be effective when made. Delivery by telex shall be deemed to be effective on the business day following the day when the “answer back” appears on the sender’s telex machine. Delivery by fax shall be effective when the “transmit confirmation report” confirming the transmission to the recipient’s published fax number is received by the transmitter. Delivery by registered airmail shall be deemed to be effective 21 days after posting. An e-mail is presumed to have been received by the addressee when it enters an information system designated or used by the addressee for the purpose of receiving documents of the type sent and it is capable of being retrieved and processed by the addressee. 26.4 Notice to the designated representative of the Contractor shall constitute effective notice to the Contractor for all purposes under this contract, and the designated representative shall be the Contractor’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction. 26.5 Notice to the Secretary-General shall constitute effective notice to the Authority for all purposes under this contract, and the Secretary-General shall be the Authority’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction.

exploration_and_exploitation_system (475)

The system of exploration and exploitation: plans of work, contracts, qualifications of applicants, security of tenure.

US Deep Seabed Hard Mineral Resources Act (DSHMRA): Section 1403. Definitions.; Section 1441. Declaration of Congressional intent.
15 CFR 970 — DSM Exploration Licences (NOAA): Section 970.101. Definitions. For purposes of this part, the term:; Section 970.302. Procedures and criteria for resolving conflicts.
15 CFR 971 — DSM Commercial Recovery Permits (NOAA): Section 971.101. Definitions. For purposes of this part, the term; Section 971.214. Consolidated license and permit procedures.
2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): Paragraph 3; Paragraph 1; Paragraph 43; Paragraph 44; Paragraph 53; Paragraph 75; Paragraph 77; Paragraph 78; Paragraph 80; Paragraph 81; Paragraph 96; Paragraph 97; Paragraph 100; Paragraph 102; Paragraph 104; Paragraph 105; Paragraph 106; Paragraph 108; Paragraph 109; Paragraph 110; Paragraph 118; Paragraph 120; Paragraph 123; Paragraph 131; Paragraph 133; Paragraph 134; Paragraph 135; Paragraph 137; Paragraph 140; Paragraph 142; Paragraph 143; Paragraph 144; Paragraph 150; Paragraph 163; Paragraph 167; Paragraph 171; Paragraph 172; Paragraph 173; Paragraph 177; Paragraph 180; Paragraph 182; Paragraph 184; Paragraph 186; Paragraph 187; Paragraph 191; Paragraph 192; Paragraph 195; Paragraph 198; Paragraph 200; Paragraph 201; Paragraph 202; Paragraph 203; Paragraph 204; Paragraph 205; Paragraph 209; Paragraph 215; Paragraph 217; Paragraph 219; Paragraph 221; Paragraph 222; Paragraph 224; Paragraph 225; Paragraph 226; Paragraph 229; Paragraph 231; Paragraph 232; Paragraph 233; Paragraph 234; Paragraph 235; Paragraph 238; Paragraph 239; Paragraph 240; Paragraph 3; Paragraph 4; Paragraph 5
1994 Part XI Implementation Agreement: Article 10. Authentic texts
UNCLOS Part XI (The Area): Article 143. Marine scientific research; Article 151. Production policies; Article 153. System of exploration and exploitation; Article 155. The Review Conference; Article 160. Powers and functions; Article 161. Composition, procedure and voting; Article 162. Powers and functions; Article 165. The Legal and Technical Commission; Article 187. Jurisdiction of the Seabed Disputes Chamber; Article 188. Submission of disputes to a special chamber of the International Tribunal for the Law of the Sea or an ad hoc chamber of the Seabed Disputes Chamber or to binding commercial arbitration; Article 189. Limitation on jurisdiction with regard to decisions of the Authority
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 2. Principles, approaches and policies; Regulation 3. Duty to cooperate and exchange of information In matters relating to these Regulations:; Regulation 4. Rights and legitimate interests of coastal States and duty to notify 1. Nothing in these Regulations shall affect the rights and legitimate interests of coastal States under the Convention, including but not limited to article 142. 2. Applicants, contractors, as well as the Enterprise, shall take all necessary measures to ensure that their activities and foreseen activities in the Area are conducted with due regard to the rights and legitimate interests of the [relevant] [potentially affected] coastal States under the Convention and in accordance with applicable regulations and Standards and taking into account the Guidelines. 3. Without prejudice to other necessary measures taken pursuant to paragraph 2, Applicants, contractors or the Enterprise shall engage with potentially affected coastal States, including by conducting consultations, at an early stage including prior to and after submitting an application and throughout the Exploitation Contract, in accordance with these Regulations and the applicable Standards, and taking into account the Guidelines. 4. The potentially affected coastal States referred to in paragraph 3 above shall [include] / [comprise]:; Regulation 5. Qualified Applicants; Regulation 6. Certificate of sponsorship; Regulation 7. Form of applications and information to accompany a Plan of Work 1. Each application for approval of a Plan of Work shall be:; Regulation 8. Area covered by an application; Regulation 9. Receipt, acknowledgement and safe custody of applications The Secretary-General shall:; Regulation 10. Preliminary review of application by the Secretary-General 1. The Secretary-General shall preliminarily review an application for approval of a Plan of Work and determine whether the application contains all [the documents regarding] the information required by regulations 5 to 8 for further processing. 2. Where the Secretary-General determines that an application does not contain all the [documents regarding the] information required by regulations 5 to 8, the SecretaryGeneral shall, within 45 Days of receipt of the application, notify the Applicant, specifying the information which the Applicant must submit in order to complete the application. Further processing of an application will not begin until the Secretary General determines that the application is complete, which includes all required information having been submitted by the Applicant, including payment of the administrative fee specified in regulation 86. [2. bis Where the Secretary-General considers that an application contains [the documents regarding] the information required by regulations 5 to 8, it shall circulate to members of the Authority non-confidential information of a general nature regarding the application, and information enabling them to access a non -confidential version of the application.]; Regulation 11. Publication, notification, and review of the Application 1. The Secretary-General shall, within 7 Days after determining that an application for the approval of a Plan of Work is ready to progress pursuant to regulation 10, [taking into account the confidentiality of the data, place the Environmental Plans and all non confidential parts of Test Mining Report, if applicable submitted, including any supporting material on the Authority’s website for a period of consideration of an application by the Authority, and]consult with all States and Stakeholders in accordance with regulation 93ter on the application[, Environmental Plans and the non-confidential parts of all other documents accompanying the application pursuant to regulation 7]. 2. The Applicant shall consider the comments provided pursuant to paragraph 1 when fulfilling the requirement at regulation 93ter, paragraph 9. The Applicant shall submit any revised documentation and the written response to consultation as required by regulation 93ter, paragraph 9 to the Secretary-General [Alt. 1 within a period of 60 Days following the close of the comment period or such longer period as determined by the Secretary-General following a request by the Applicant. The Secretary-General may extend this time period [for a further 30 Days], upon a reasonable request by the Applicant to revise the plans or responses. Notice of the extension of the period shall be posted on the Authority’s website] [Alt. 2 in a timely manner].; Regulation 12. Rules for considering applications 1. Subject to regulation 10 concerning preference and priority among Applicants, the Commission shall examine applications in the order in which they are received by the Secretary-General and shall assess applications in accordance with this regulation and against the criteria contained in regulation 13, in order to make a report and [submit appropriate] recommendations to the Council whether the Plan of Work under application should be approved, or disapproved, pursuant to regulation 15. [1. bis Subject to paragraph 1 ter., the Commission shall commence the consideration of an application at its next meeting after its receipt of the application provided that the notifications and information pursuant to regulation 11, paragraph 2 bis have been circulated at least 90 Days prior to the commencement of that meeting of the Commission. The Commission may extend consideration of the application to its next meeting if necessary.] [1. bis. Alt. The Commission shall commence its consideration of an application within 30 Days of its receipt of the application, including via virtual and intersessional meetings in addition to its regular meetings, if necessary.]; Regulation 13. Assessment of Applicants and application; Regulation 14. Amendments to the proposed Plan of Work; Regulation 15. Commission’s recommendation for the approval or disapproval of a Plan of Work; Regulation 16. Consideration and approval of Plans of Work [1. The Council shall [commence at its next meeting considerations of] the reports, recommendations [and the terms and conditions of provided by] the Commission, [Alt. 1 relating to approval of Plans of Work in accordance with paragraph 11 of Section 3 of the Annex to the Agreement, after due consideration, and within 60 Days unless the Council decides to provide for a longer period, the Council shall approve or disapprove the Plan of Work] [Alt. 2 and shall take decisions on approval or disapproval of the Plan of Work in accordance with paragraph 11 of Section 3 of the Annex to the Agreement ].] [1. Alt. The Council shall take decisions on approval or disapproval of the Plan of Work in accordance with paragraph 11 of Section 3 of the Annex to the Agreement.]; Section 1. Exploitation Contracts; Regulation 17. The Exploitation Contract; Regulation 18. Rights and exclusivity under an Exploitation Contract; Regulation 18 bis. Obligations of the Contractors; Regulation 18 ter Termination of an Exploitation Contract 1. An Exploitation Contract can only be terminated:; Regulation 19. Joint arrangements; Regulation 20. Term and extension of Exploitation Contracts; Regulation 21. Termination of sponsorship; Regulation 22. Use of Exploitation Contract as security; Regulation 23. Transfer of rights and obligations under an Exploitation Contract; Regulation 24. Change of Control; Regulation 24 bis. Change of Nationality; Regulation 25. Documents to be submitted prior to [commercial] production; Regulation 25 Alt. Documents to be submitted prior to production; Regulation 26. Alt. 1 Environmental Performance Guarantee/Alt. 2 Decommissioning and Emergency Response Guarantee/Alt. 3 Closure Guarantee; Regulation 27. Commencement of Commercial Production; Regulation 28. Maintaining Commercial Production; Regulation 29. Reduction or suspension in production; Regulation 29 bis. Procedure for suspension or reduction in Exploitation activities; Regulation 29 ter Certification of origin; Regulation 29 quat. Ship notification, electronic monitoring and data reporting; Regulation 29 quin. Risk reduction principles; Regulation 30. Safety, labour and health standards 1. The Contractor shall ensure at all times that:; Regulation 30 bis. Human health and safety management system; Regulation 31. Accommodation of activities in the Area and in the marine environment; Regulation 31 Alt. Accommodation of activities in the Area and in the marine environment; Regulation 31 bis. Reducing risk of damage to submarine cables and pipelines; Regulation 32. Emergency Response and Contingency Plans 1. A Contractor shall maintain:; Regulation 33. Preventing and responding to Incidents; Regulation 34. Notification of Incidents and Notifiable Events; Regulation 35. Human remains and [objects and sites of an archaeological or historical nature] [Underwater Cultural Heritage]; Regulation 36. Insurance; Regulation 37. Training Obligations; Regulation 37 bis. Transfer of Technology [1. The Contractor shall cooperate fully and effectively with the Authority for the purpose of the Authority, the Enterprise or its joint venture, a developing State or States acquiring deep seabed mining technology on fair and reasonable commercial terms and conditions, consistent with the effective protection of intellectual property rights. ] [1. Alt. The Contractor shall include in the Plan of Work undertakings on transfer of technology pursuant to article 144 of the Convention and Section 5 of the Annex to the Agreement.; Regulation 38. Annual report; Regulation 39. Books, records and samples; Regulation 40. Prevention of corruption; Regulation 41. Other Resource categories; Regulation 42. Restrictions on advertisements, prospectuses and other notices; Regulation 43. Compliance with other laws and regulations; Regulation 44. General Obligations; Regulation 44 bis. Regional Environmental Management Plans [1. The Council may request the Commission to prepare a Regional Environmental Management Plan for the regional areas where activities in the Area are likely to take place, for consideration and adoption by the Council.]; Regulation 44 ter Environmental Goal and Objectives; Regulation 46. [The] Impact Assessment [Process]; Regulation 47. Environmental Impact Assessment; Regulation 47 bis. Scoping; Regulation 48. Environmental Impact Statement; Regulation 48 bis. [New Environmental Impact Assessment and Revised Environmental Impact Statement [or Revision of Environmental Plans]] / [Revision for change or new or increased effect or risk]; Regulation 48 ter Pilot Mining; Regulation 49. Environmental Management and Monitoring; Regulation 50. Environmental Management and Monitoring Plan; Regulation 50 bis. Reporting on Environmental Monitoring and Management; Regulation 50 ter Environmental Management System; Regulation 51. Compliance with the Environmental Management and Monitoring Plan; Regulation 52. Performance assessments of the Environmental Management and Monitoring Plan; Regulation 53. Pollution control A Contractor shall take [all] necessary [and appropriate] measures to protect and preserve the Marine Environment, from harmful effects, in accordance with article 145 of the Convention, including by preventing, reducing and controlling pollution and other hazards, [including underwater noise, light, greenhouse gas emissions, and marine litter, directly or indirectly [resulting arising] from its activities in the Area. This is to be done [in accordance with the Standards], [pursuant to] [its Environmental Management and Monitoring Plan, and] all relevant rules, regulations and procedures of the Authority [and Contractors’ Environmental Management and Monitoring Plan] , [and taking into account] Regional Environmental Management Plans, and [the Guidelines].; Regulation 53 bis. Mining Discharges; Regulation 54. Establishment of an Environmental Compensation Fund [1. The Authority hereby establishes the Environmental Compensation Fund, referred to as “the ECF” for the purposes of these Regulations.; Regulation 55. Purpose of the Environmental Compensation Fund [1. The purpose of the ECF is to provide adequate compensation for any damage arising from activities conducted under an Exploitation Contract in cases where a Contractor does not meet its liability in full, and where all other options under these Regulations for claiming compensation from the Contractor have been exhausted, while the Sponsoring State is not liable under article 139, paragraph 2, of the Convention. Compensation includes the costs of reasonable measures undertaken to prevent, limit, or remedy damage to the Marine Environment [, as well as those related to restitution, Restoration and Rehabilitation]. 2. The operation of the ECF shall be subject to periodic review.]; Regulation 56. Funding of the Environmental Compensation Fund [1. Consistent with the polluter-pays principle, the ECF shall consist of a one-time contribution paid by Contractors and/or the Enterprise following the approval of a [Plan of Work] and prior to [Commercial Production] [the commencement of activities under an Exploitation Contract], as well as an annual levy paid to the ECF by Contractors and/or the Enterprise, both as determined by the Authority.; Regulation 57. Modification of a Plan of Work by a Contractor; Regulation 58. Review of a Plan of Work; Regulation 59. Closure Plan; Regulation 60. Final Closure Plan: Cessation of [Commercial] Production; Regulation 61. [Implementation and Monitoring of the Final Closure Plan] 1. The purpose of Closure monitoring is [to]:; Regulation 62. Equality of treatment The Council shall, based on the recommendations of the Commission, apply the provisions of this Part on a transparent, uniform and non-discriminatory basis, and shall ensure equality of financial treatment and comparable financial obligations for Contractors. [Alt. The Council shall, [based on the recommendation of the Commission], apply the regulations of this Part with the purpose of achieving all objectives of the financial terms of the contract envisaged by the Convention. Particular attention shall be given to the objectives of ensuring the transfer of technology, training and scientific knowledge to developing States; providing incentives for Contractors to undertake joint arrangements with the Enterprise and developing States; and guaranteeing equality of financial treatment and comparable financial obligations for Contractors.]; Regulation 63. [Incentives] [1. The Council may, taking into account the recommendations of the Commission and the Economic Planning Commission in accordance with the applicable Standard, provide for incentives, including Financial Incentives[, on a uniform and nondiscriminatory basis,] to Contractors [to undertake joint arrangements with the Enterprise and developing States and their nationals] to further the objectives set out in article 13, paragraph 1, of Annex III to the Convention.] [1. Alt. The Council may, taking into account the recommendations of the Commission and the Economic Planning Commission in accordance with the applicable Standard to provide for incentives, including Financial Incentives, on a uniform and nondiscriminatory basis especially for those from developing States, including small island developing States, to advance the objectives set out in article 13, paragraph 1, of Annex III to the Convention.] [2. [Those]/[Any] incentives shall be applied on a uniform and non-discriminatory basis, to further the objectives set out in article 13, paragraph 1, of Annex III to the Convention [including, where applicable, the objective of stimulating the transfer of technology to, and training the personnel of, the Authority and of developing States ].] [3. The Council shall ensure that, as a result of the Financial Incentives provided to Contractors, Contractors are not subsidized so as to be given an artificial competitive advantage with respect to other Contractors and/or land-based miners.] [4. Any incentives shall be fully compatible with the policies and principles under regulation 2[, any applicable Standards and shall take into account the Guidelines.]] [5. A Financial Incentives Registry shall be established, maintained and published through the Seabed Mining Register, pursuant to regulation 92.]; Section 2. [Determination of Royalties and Payments under the Exploitation Contract]; Regulation 64. Royalty payment A Contractor, from the date of commencement of Commercial Production, shall pay a royalty in respect of the Mineral-bearing ore sold [,during the time of reduction, sold,] or removed without sale from the Contract Area as determined pursuant to paragraph 1 of Section 8 of the Annex to the Agreement in accordance with the applicable Standard. [This regulation is without prejudice to article 11, paragraph 3, of Annex III to the Convention.] Regulation 64bis Equalization measure [A Contractor, from the date that its Plan of Work has been approved, shall pay the equalization measure as determined in accordance with the applicable Standard governing the equalization measure [subject to article 10 of Annex IV to the Convention]. Regulation 64ter Environmental costs The financial terms of a contract shall reflect the environmental externalities of the Exploitation activities permitted under the contract and throughout the value chain. To this end, the Authority shall levy a further royalty reflecting environmental externalities in accordance with regulation 64quat. The further royalty shall complement the royalty provided for in regulation 64.] [Regulation 64 quat. Environmental costs royalties; Regulation 66. Form of royalty returns A royalty return lodged with the Secretary-General shall be in the form prescribed by the applicable Standard and taking into account the Guidelines and signed by the Contractor’s designated official.; Regulation 68. Lodging of royalty returns; Regulation 69. Error or mistake in royalty return A Contractor shall notify the Secretary-General promptly of any error in calculation or mistake of fact in connection with a royalty return or payment of a royalty. [Failure by a Contractor to notify the Secretary-General shall attract a penalty.]; Regulation 70. Payment of royalty shown by royalty return; Regulation 71. Information to be submitted; Regulation 72. [Authority may request additional information] [Request for Additional Information] The Secretary-General may, by notice to a Contractor who has lodged a royalty return, request the Contractor to provide, by the date stated in the notice, which shall be no later than 90 Days from the date of the notice, [additional] information to support the matters stated in the royalty return.; Regulation 73. Overpayment of royalty; Regulation 74. Proper books and records to be kept; Regulation 75. Audit by the Authority; Regulation 76. Assessment by the Authority; Regulation 77. General anti-avoidance rule; Regulation 78. Arm’s-length adjustments 1. For the purposes of this regulation:; Regulation 79. Interest on unpaid royalty; Regulation 81. Review of System of Payments; Regulation 82. Review of rates of payments; Regulation 83. Recording in Seabed Mining Register [All payments received by the Authority from Contractors shall be recorded in the Seabed Mining Register and shall be publicly available.]; Regulation 83 bis. Beneficial Ownership Registry; Regulation 84. Annual reporting fee; Regulation 85. Annual fixed fee; Regulation 86. Application fee for approval of a Plan of Work; Regulation 87. Other applicable fees A Contractor shall pay other prescribed fees in respect of any matter specified by the Council, based on the recommendations of the Finance Committee, in accordance with the applicable rules, regulations and procedures of the Authority.; Regulation 89. Confidentiality of information; Regulation 90. Procedures to ensure confidentiality; Regulation 91. Data and Information to be submitted upon expiration or termination of an Exploitation Contract; Regulation 92. Seabed Mining Register; Regulation 22 and Instruments of Transfer or Assignment in accordance with regulation 23;; Regulation 103 and, where applicable, the corresponding improvement plan;; Regulation 92 bis. Publication of environmental data and information The Secretary General shall annually publish all environmental data and information relating to a Contract Area [including]/[as well as] environmental data and information obtained [adjacent to] the Contract Area], but in connection with the activities in the Contract Area [and]/[or] as part of the Regional Environmental Management Plan] whether received before, during or after application for a Plan of Work, or during the term of the Exploitation Contract. The data and information, including any revisions to that data or information, on a central data repository that is publicly available via the Authority’s website [as soon as practicable]/[according to the timeline proposed in the applicable standard], and in accordance with the Rules, regulations and Procedures of the Authority, applicable Standards and taking into account the Guidelines. Any new environmental data and information shall be published on the central data repository at regular intervals defined in the applicable Standard. Alt. The Secretary General shall ensure that all environmental data and information outside the Contract Area, but in connection with the activities within the Contract Area, are published on a central data repository that is publicly accessible via the Autho rity’s website. This shall include environmental data and information collected before, during, and after the submission of a Plan of Work during the term of the Exploitation Contract and throughout the post closure monitoring period. New or revised enviro nmental data or information shall be published within 30 Days of their receipt by the Authority or in accordance with defined intervals set out in the applicable standard and taking account into the Guidelines. Publications shall be carried out in accordance with the rules, regulations and procedures of the Authority and relevant data transparency requirements.; Regulation 93. Notice and general procedures 1. [This regulation shall apply to all Communications by and with the Authority].; Regulation 93 ter State and Stakeholder Consultation [by an Applicant or Contractor]; Regulation 94. Adoption of Standards; Regulation 95. Issuance of Guidelines; Regulation 95 bis. Compliance Committee; Regulation 96 bis. Inspections; Regulation 96 ter Request for inspection [in the event of [harmful effects]] to the Marine Environment] [1. In the event of harmful effects or risk of harmful effects to the Marine Environment, [any State or States] , which have [reasonable] grounds for believing [that] such harmful effects are caused by activities in the Area, shall notify the [Chief Inspector] / [Compliance Committee] [and the relevant Contractor] through the] Secretary-General in writing of the grounds upon which such belief is based and request an inspection. [The notification shall include all relevant evidence, and all documentation supporting the belief that the harmful effects are caused by activities in the Area.] [1. Alt. Where there are grounds for believing a Contractor does not comply with, or is at risk of non-compliance with, the rules, regulations and procedures of the Authority, and the terms of the Exploitation Contract as referred to in regulations 18bis and 98, any State may notify the Chief Inspector through the Secretary-General in writing of the grounds upon which such belief is based and request an inspection. The notification shall include all relevant evidence, and all documentation supporting the noncompliance.] [1. bis In reviewing a Contractor’s annual report, the Commission may inform the Compliance Committee of a possible non-compliance situation on the Contractor’s activities. The Compliance Committee shall consider such situation and may recommend, if necessary, to the Council for initiating an inspection. ] [1. ter Anyone who has reasonable grounds for suspecting that a Contractor has violated the Convention, these Regulations, Exploitation Contracts, or caused harmful effects to the Marine Environment, may request the Compliance Committee through the Secretary-General for inspection in writing.]; Regulation 97 bis. [Inspectors’ Functions and Responsibilities] 1. Inspectors shall:; Regulation 98. Inspectors’ powers; Regulation 99. Inspectors’ power to issue instructions [1. If, as a result of an inspection, an Inspector has reasonable grounds to determine that any occurrence, practice or condition endangers or may endanger the health or safety of any person or poses a [threat]/[risk] of harmful effects to the Marine Environment or to human remains and [Alt. 1 objects and sites of an archaeological or historical nature] [Alt. 2 Underwater Cultural Heritage] [or any venerated sites], the Inspector shall give a written instruction, which shall have immediate effect, of a temporary nature considered reasonably necessary to remedy the situation, in accordance with [regulation 35 and] any applicable Standards, including:; Regulation 100. Inspection Reports; Regulation 101. Complaints relating to Inspections [1. A Contractor who considers that an Inspector has acted unreasonably or outside of the scope of their powers under this Part may complain in writing to the Secretary General, who will transmit the complaint promptly to the Compliance Committee who shall consider the complaint as soon as practicable.] [1. bis A person aggrieved by an action of an Inspector [or a Contractor][or any organ or official of the Authority] under this Part may complain in writing, [providing evidence] to the Secretary General, [who shall report to the Compliance Committee [and] Chief Inspector [or where the Compliance Committee is implicated in the complaint to the Ombudsperson] to consider the complaint as soon as practicable.] [1. Alt. A Contractor or any person directly affected by the conduct of an Inspector or a Contractor in connection with inspection or compliance activities under this Part may submit a written complaint, supported by relevant evidence, to the Secretary -General. The Secretary-General shall promptly transmit the complaint to the Compliance Committee for consideration. Where the compliant involves a member of the Compliance Committee or raises concerns about the Compliance Committee impartiality, the Secretary-General shall refer the matter to the [designated Ombudsperson or another] independent mechanism established by the Council. Complaints must relate specifically to the exercise or non-exercise of powers and duties under this Part and fall within the Compliance Committee’s mandate.] [1. ter The Secretary-General shall acknowledge [receipt of a complaint made under this regulation,] in writing, [and] within 7 Days, specifying the date of receipt.]; Regulation 103. Compliance and enforcement measures by the Compliance Committee; Regulation 104. Power to take remedial action; Regulation 105. Sponsoring States Without prejudice to regulations 5, 6 and 21, and to the generality of their obligations under article 139, paragraph 2, and article 153, paragraph 4, of the Convention and article 4, paragraph 4, of Annex III to the Convention, Sponsoring States shall, in particular, take all necessary and appropriate measures to secure effective compliance by Contractors they have sponsored in accordance with Part XI of the Convention, the Agreement, rules, regulations and procedures of the Authority and the terms and conditions of the Exploitation Contract.; Regulation 106. Settlement of disputes; Regulation 107. Review of these Regulations [1. Five years following [Alt. 1 the approval of these Regulations by the Assembly] [Alt. 2 the signature of the first Exploitation Contract] [Alt. 3 the first date of commencement of Commercial Production], the Council shall undertake a comprehensive review of the manner in which these Regulations have operated in practice and may also reasonably undertake such a review at any time thereafter.] [1. Alt. The Council shall take a full review of these Regulations. This review shall, at least, include:; Annex I. Application for approval of a Plan of Work to obtain an Exploitation Contract; Section I. Information concerning the applicant 1. Name of applicant. 2. Street address of applicant. 3. Postal address (if different from above). 4. Telephone number of applicant’s Designated Representative. 5. [omitted] 6. Email address of applicant’s Designated Representative. 7. Name of applicant’s Designated Representative.; Section III. Technical information; Section IV. Financial information; Section V. Undertakings; Section VI. Previous contracts with the Authority; Annex II. Mining Workplan A Mining Workplan, based on the results of Exploration (at least equivalent to the data and information to be provided pursuant to section 11.2 of the standard clauses for Exploration Contracts), should cover the following subject matters:; Annex III. Financing Plan A Financing Plan should include [supported by written [evidence]:; Annex III bis. Scoping Report A Scoping Report shall include the following:; Annex IV. Environmental Impact Statement; Annex VII. Environmental Management and Monitoring Plan; Annex VIII. Closure Plan; Annex IX. Exploitation Contract and schedules THIS CONTRACT made the … day of … between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and … represented by … (hereinafter referred to as “the Contractor”) WITNESSETH as follows: A. Incorporation of clauses The standard clauses set out in Annex X to the Regulations on exploitation of Resources in the Area shall be incorporated herein and shall have effect as if herein set out at length. B. Contract Area For the purposes of this Contract, the “Contract Area” means that part of the Area allocated to the Contractor for Exploitation, defined by the coordinates listed in schedule 1 hereto. C. Grant of rights In consideration of (a) their mutual interest in the conduct of Exploitation in the Contract Area pursuant to the United Nations Convention on the Law of the Sea of 10 December 1982 and the Agreement relating to the Implementation of Part XI of the Convention, (b) the rights and responsibility of the Authority to organize and control activities in the Area, particularly with a view to administering the Resources of the Area, in accordance with the legal regime established in Part XI of the Convention and the Agreement and Part XII of the Convention, respectively, and (c) the interest and financial commitment of the Contractor in conducting activities in the Contract Area and the mutual covenants made herein, the Authority hereby grants to the Contractor the exclusive right to Explore for and Exploit [specified Resource category] in the Contract Area in accordance with the terms and conditions of this Contract. D. Entry into force and Contract term This Contract shall enter into force on signature by both parties and, subject to the standard clauses, shall remain in force for an initial period of [x] years thereafter unless the Contract is sooner terminated, provided that this Contract may be renewed in accordance with the Regulations. E. Entire agreement This Contract expresses the entire agreement between the parties, and no oral understanding or prior writing shall modify the terms hereof. F. Languages This Contract will be provided and executed in the [ … and] English language[s] [and both texts are valid]. IN WITNESS WHEREOF the undersigned, being duly authorized thereto by the respective parties, have signed this Contract at …, this … day of …. The Schedules to the Exploitation Contract; Annex X. Standard clauses for Exploitation Contract; Section 2. Interpretation 2.1 Terms and phrases defined in the Regulations have the same meaning in these standard clauses. 2.2 In accordance with the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, its provisions and Part XI of the Convention are to be interpreted and applied together as a single instrument; this Contract and references in this Contract to the Convention are to be interpreted and applied accordingly.; Section 3. Undertakings 3.1 The Authority undertakes to fulfil in good faith its powers and functions under the Convention and the Agreement in accordance with article 157 of the Convention. 3.2 The Contractor shall implement this Contract in good faith and shall in particular implement the Plan of Work in accordance with regulation 18bis. For the avoidance of doubt, the Plan of Work includes:; Section 4. Security of tenure and exclusivity 4.1 The Contractor is hereby granted the exclusive right under this Contract to Explore for and Exploit the resource category specified in this Contract and to conduct Exploration and Exploitation activities within the Contract Area in accordance with the terms of this Contract. The Contractor shall have security of tenure , and this Contract shall not be suspended, terminated or revised except in accordance with the terms set out herein and the Regulations. Any impacts from activities in the Area carried out under an Exploitation Contract must be strictly limited to the Contractor area. 4.2 The Authority undertakes not to grant any rights to another person to Explore for or Exploit the same resource category in the Contract Area for the duration of this Contract. 4.3 The Authority reserves the right to enter into contracts with third parties with respect to Resources other than the resource category specified in this Contract but shall ensure that no other entity operates in the Contract Area for a different category o f Resources in a manner that might interfere with the Exploitation activities of the Contractor. 4.4 If the Authority receives an application for an Exploitation Contract in an area that overlaps with the Contract Area, the Authority shall notify the Contractor of the existence of that application within 30 Days of receiving that application.; Section 5. Legal title to Minerals 5.1 The Contractor will obtain title to and property over the Minerals upon recovery of the Minerals from the seabed and ocean floor and subsoil thereof [onto the Contractor’s mining vessel or Installation], in compliance with this Contract. 5.2 This Contract shall not create, nor be deemed to confer, any interest or right on the Contractor in or over any other part of the Area and its Resources other than those rights expressly granted in this Contract.; Section 6. Use of subcontractors and third parties 6.1 No Contractor may subcontract any part of its obligations under this Contract unless the subcontract contains appropriate terms and conditions to ensure that the performance of the subcontract will reflect and uphold the same standards and requirements of this Contract between the Contractor and the Authority. 6.2 The Contractor shall ensure the adequacy of its systems and procedures for the supervision and management of its subcontractors and any work that is further subcontracted, in accordance with Good Industry Practice. 6.2.bis. The Contractor shall apply due diligence in selecting its suppliers, and shall be responsible to ensure the adequacy of goods and services it procures, in accordance with Good Industry Practice].6.3 Nothing in this section shall relieve the Contractor of any obligation or liability under this Contract, and the Contractor shall remain responsible and liable to the Authority for the performance of its obligations under this Contract in the event that it subcontracts any aspect of the performance of those obligations.; Section 7. Responsibility and liability 7.1 [In accordance with the ‘polluter pays’ principle,] the Contractor shall be liable to the Authority for the actual amount of [all environmental damage caused by Contractor activities that were not foreseen in the Plan of Work or that arise from a breach of any conditions of approval, including arising out of activities of the Contractor] / [any damage, including damage to the Marine Environment, arising out of its wrongful acts or omissions, and those of its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this Contract [arising out of its wrongful acts [or omissions]] ] [], account being taken of any contributory acts or omissions by the Authority or third parties. This clause survives the termination of the Contract and applies to all damage [] [arising out of the Contractors wrongful acts [or omissions]] regardless of whether it is caused or arises before, during or after the completion of the Exploitation activities or Contract term. [For the purpose of clauses 7.1 and 7.2, ‘wrongful acts or omissions’, means any unlawful act or omission attributable to the Contractor that results in damage not anticipated and approved in the Plan of Work, irrespective of bad intention or negligence.] [[Recoverable damages under this clause include: costs of reasonable measures to prevent and limit damage to the Marine Environment, lost revenue, reinstatement, pay-out in lieu of actual reinstatement, and/or measures to compensate for third-party economic loss, as well as pure ecological loss and harm to the living resources of the Area.] For the avoidance of doubt, strict liability in this context applies the polluter pays principle, and means, it is not necessary to prove that a Contractor intended to commit or was reckless as to committing a wrongful act or omission, it is necessary only to demonstrate unpermitted damage or harm arose as a result of a Contractor’s wrongful act for the Contractor to be held liable for that damage or harm. ] 7.2 The Contractor shall indemnify the Authority, its employees, subcontractors and agents against all claims and liabilities of any third party arising out of any [wrongful] environmental damage caused by Contractor activities that were not foreseen in the Plan of Work or that arise from a breach of any conditions of approval, including arising from activities of the Contractor. 7.3 The Authority shall be liable to the Contractor for the actual amount of any damage caused to the Contractor arising out of its wrongful acts in the exercise of its powers and functions, including violations under article 168, paragraph 2 of the Convention, account being taken of contributory acts or omissions by the Contractor [its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this Contract] or third parties. 7.4 The Authority shall indemnify the Contractor [its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this Contract] against all claims and liabilities of any third party arising out of any wrongful acts or omissions in the exercise of its powers and functions hereunder, including violations under article 168, paragraph 2 of the Convention.; Section 8. Force Majeure 8.1 The Contractor shall not be liable for an unavoidable delay or failure to perform any of its obligations under this Contract due to Force Majeure, provided the Contractor has taken all reasonable steps to overcome the delay or obstacle to performance. For the purposes of this Contract, Force Majeure shall mean an event or condition that the Contractor could not reasonably be expected to prevent or control; provided that the event or condition was not caused by Contractor action, negligence or by a failure to observe Good Industry Practice. 8.2 The Contractor shall give written notice to the Authority of the occurrence of an event of Force Majeure as soon as reasonably possible after its occurrence (specifying the nature of the event or circumstance, what is required to remedy the event or circumstance and if a remedy is possible, the estimated time to cure or overcome the event or circumstance and the obligations that cannot be properly or timely performed on account of the event or circumstance) and similarly give written notice to the Authority of the Restoration of normal conditions. 8.3 The Contractor shall, upon request to the Secretary-General, be granted a time extension equal to the period by which performance was delayed hereunder by Force Majeure and the term of this Contract shall be extended accordingly.; Section 9. Extension 9.1 20.] [Alt. 1 The Contractor may extent this Contract in accordance with regulation [Alt. 2 The Contractor may extent this Contract for periods not more than 10 years each, on the following conditions:; Section 10. Renunciation of rights 10.1 The Contractor, by prior written notice to the Authority, may renounce without penalty the whole or part of its rights in the Contract Area, provided that the Contractor shall remain liable for all obligations and liabilities accrued prior to the date of s uch renunciation in respect of the whole or part of the Contract Area renounced. Such obligations shall include, inter alia, the payment of any sums outstanding to the Authority, and obligations under the Environmental Management and Monitoring Plan and Closure Plan.; Section 12. Suspension and termination of Contract and penalties 12.1 The Council may suspend or terminate this Contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:; Section 13. Obligations on Termination of a Contract 13.1 In the event of termination of this Contract, the Contractor shall:; Section 15. No waiver No waiver by either party of any rights pursuant to a breach of the terms and conditions of this Contract to be performed by the other party shall be construed as a waiver by the party of any succeeding breach of the same or any other term or condition to be performed by the other party.; Section 16. Modification of terms and conditions of this Contract 16.1 When circumstances have arisen or are likely to arise after this Contract has commenced which, in the opinion of the Authority or the Contractor would render this Contract inequitable or make it impracticable or impossible to achieve the objectives set out in this Contract or in Part XI of the Convention, the parties shall enter into negotiations to revise it accordingly. 16.2 This Contract may be revised by agreement between the Contractor and the Authority. 16.3 (a) This Contract may be revised only: with the consent of the Contractor and the Authority; and; Section 17. Applicable law 17.1 This Contract is governed by the terms of this Contract, the rules, regulations and procedures of the Authority and other rules of international law not incompatible with the Convention. 17.2 The Contractor, shall observe the applicable law referred to in Section 17.1 hereof and shall not engage in any transaction, directly or indirectly, prohibited by the applicable law. 17.3 Nothing contained in this Contract shall be deemed an exemption from the necessity of applying for and obtaining any permit or authority that may be required for any activities under this Contract. 17.4 The division of this Contract into sections and subsections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation hereof.; Section 18. Disputes Any dispute between the parties concerning the interpretation or application of this Contract shall be settled in accordance with Part XII of the Regulations.; Section 19. Notice Any notice provided to or from one party to another pursuant to this Contract shall be provided in accordance with the notice provision set out at regulation 91 of the Regulations.; Section 20. Schedules This Contract includes the schedules to this Contract, which shall be an integral part hereof.; Annex X bis. Design Criteria for Impact Reference Zones and Preservation Reference Zones Applicants must establish suitable and effective Impact Reference Zones and Preservation Reference Zones in order to monitor the Environmental Impacts of their activities. The following parameters shall apply in the designation of Impact Reference Zones and Preservation Reference Zones. 1. Impact Reference Zones and Preservation Reference Zones must be situated within the Contract Area (and the Contract Area may need to be selected around the need for appropriate Impact Reference Zones and Preservation Reference Zones, especially where multiple or large reference zones are required); Annex XI. Parent Company Liability Statement THIS “STATEMENT” made the ... day of ... by A. [insert name of Managing Company], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Managing Company]; and B. [insert name of Contractor], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Contractor]; an d irrevocably and unconditionally DECLARE and REPRESENT that: Obligations of [Managing Company] 1. [Managing Company] is jointly and severally liable for any debts and liabilities of [Contractor] arising in relation to:; Annex XI to these Regulations.] “Pilot Mining”] [means an in situ operating of the integrated system of all equipment and all related process steps, including collector, raiser and release techniques, for exploitation activities in a Contract Area under appropriate technical, spatial and temporal conditions which provides evidence concerning, inter alia, environmental impact, commercial capacity, duration of operations to validate feasibility of future Commercial Production. “Plan of Work” means a Plan of Work for Exploitation in the Area, defined collectively as all and any plans or other documents setting out the activities for the conduct of the Exploitation, which form part of, or is proposed to be part of, an Exploitation Contract. “Preservation” means the maintenance of the environment, lands and natural resources without anthropogenic use beyond access. “Preservation Reference Zone” means a zone designated within the Contract Area in accordance with Annex X bis to these Regulations that has been identified as having similar ecological characteristics to an Impact Reference Zone, and within which no mining impacts are predicted to occur, which will be used to show a representative and stable ecosystem from the sea surface to the benthic subsurface layers, and can be used to form a comparison with an Impact Reference Zone. “Protection [of the Marine Environment]” means any action or activity designed to reduce or prevent pollution, negative environmental impacts or other damage to environment, land, ecosystems, natural resources, [traditional ownership or customary use of resources, human remains and Underwater Cultural Heritage, or intangible Underwater Cultural Heritage] by human activities, including to mitigate climate change, to reduce the risk of such damage, to protect and restore biodiversity or to lead to more efficient use of natural resources, including energy-saving measures and the use of renewable sources of energy and other techniques to reduce greenhouse gas emissions and other pollutants, as well as to shift to circular economy models to reduce the use of primary materials and increase efficiencies. It also covers actions that reinforce adaptive capacity and minimise vulnerability to climate impacts. “Regulations” means the regulations on exploitation of Mineral resources in the Area, adopted by the Authority. “Rehabilitation” means an occurrence of when an ecosystem recovers characteristics of its natural state, such as the presence of its original species, functions or services. “Regional Environmental Management Plan” means a proactive spatial management strategy that anticipates exploitation and that includes the designation of areas of Particular Environmental Interest. [Where the Regulations refer to the “applicable Regional Environmental Management Plan”, this shall be understood to mean the Regional Environmental Management Plan adopted by the Council for the particular area and type of resource concerned.] “Related Parties” or “Related Party” means parties that belong to the same corporate structure, such as a parent and subsidiary company, or sister companies which are both subsidiaries of the same parent company, and a state enterprise shall be considered a “Related Party” vis-à-vis its host State party or a Contractor sponsored by its host State party unless evidence is provided that any costs, prices and revenues have been charged or determined on an arm’s-length basis. “Reserved Area” means any part of the Area designated by the Authority as a reserved area in accordance with article 8 of Annex III to the Convention. “Resources” means all solid, liquid or gaseous mineral resources, Mineral-bearing ore, associated Minerals, or mixture thereof in situ in the Area at or beneath the seabed. “Restoration” means a return to pre-disturbance conditions. “Roster of Inspectors” means [to be inserted] “Rules of the Authority” means [the Convention, the Agreement,] these Regulations and other rules, regulations and procedures of the Authority, including Standards and Guidelines as may be adopted from time to time. “Scoping Report” means [to be inserted] “Seabed Mining Register” means the registry established and maintained by the Authority in accordance with regulation 92. [“Serious Harm to the Marine Environment”] means an Environmental Effect that, individually in combination or cumulatively meets any of the following criteria:
ISA Polymetallic Nodules Exploration Regulations (2013): preamble/chapeau; Regulation 2. Prospecting; Regulation 4. Consideration of notifications; Regulation 8. Objects of an archaeological or historical nature A prospector shall immediately notify the Secretary-General in writing of any finding in the Area of an object of actual or potential archaeological or historical nature and its location. The Secretary-General shall transmit such information to the Director General of the United Nations Educational, Scientific and Cultural Organization.; Regulation 9. General Subject to the provisions of the Convention, the following may apply to the Authority for approval of plans of work for exploration:; Regulation 10. Form of applications; Regulation 12. Financial and technical capabilities; Regulation 13. Previous contracts with the Authority Where the applicant or, in the case of an application by a partnership or consortium of entities in a joint arrangement, any member of the partnership or consortium, has previously been awarded any contract with the Authority, the application shall include:; Regulation 14. Undertakings Each applicant, including the Enterprise, shall, as part of its application for approval of a plan of work for exploration, provide a written undertaking to the Authority that it will:; Regulation 15. Total area covered by the application Each application for approval of a plan of work for exploration shall define the boundaries of the area under application by a list of coordinates in accordance with the most recent generally accepted international standard used by the Authority. Applications other than those under regulation 17 shall cover a total area, which need not be a single continuous area, sufficiently large and of sufficient estimated commercial value to allow two mining operations. The applicant shall indicate the coordinates dividing the area into two parts of equal estimated commercial value. The area to be allocated to the applicant shall be subject to the provisions of; Regulation 16. Data and information to be submitted before the designation of a reserved area; Regulation 17. Applications for approval of plans of work with respect to a reserved area; Regulation 18. Data and information to be submitted for approval of the plan of work for exploration Each applicant shall submit, with a view to receiving approval of the plan of work for exploration in the form of a contract, the following information:; Regulation 19. Fee for applications; Regulation 20. Receipt, acknowledgement and safe custody of applications; Regulation 21. Consideration by the Legal and Technical Commission; Regulation 22. Consideration and approval of plans of work for exploration by the Council The Council shall consider the reports and recommendations of the Commission relating to approval of plans of work for exploration in accordance with paragraphs 11 and 12 of section 3 of the annex to the Agreement.; Regulation 23. The contract; Regulation 24. Rights of the contractor; Regulation 25. Size of area and relinquishment; Regulation 26. Duration of contracts; Regulation 27. Training Pursuant to article 15 of annex III to the Convention, each contract shall include as a schedule a practical programme for the training of personnel of the Authority and developing States and drawn up by the contractor in cooperation with the Authority and the sponsoring State or States. Training programmes shall focus on training in the conduct of exploration, and shall provide for full participation by such personnel in all activities covered by the contract. Such training programmes may be revised and developed from time to time as necessary by mutual agreement.; Regulation 28. Periodic review of the implementation of the plan of work for exploration; Regulation 29. Termination of sponsorship; Regulation 30. Responsibility and liability Responsibility and liability of the contractor and of the Authority shall be in accordance with the Convention. The contractor shall continue to have responsibility for any damage arising out of wrongful acts in the conduct of its operations, in particular damage to the marine environment, after the completion of the exploration phase.; Regulation 31. Protection and preservation of the marine environment; Regulation 32. Environmental baselines and monitoring; Regulation 33. Emergency orders; Regulation 34. Rights of coastal States; Regulation 35. Human remains and objects and sites of an archaeological or historical nature The contractor shall immediately notify the Secretary-General in writing of any finding in the exploration area of any human remains of an archaeological or historical nature, or any object or site of a similar nature and its location, including the preservation and protection measures taken. The Secretary-General shall transmit such information to the Director General of the United Nations Educational, Scientific and Cultural Organization and any other competent international organization. Following the finding of any such human remains, object or site in the exploration area, and in order to avoid disturbing such human remains, object or site, no further prospecting or exploration shall take place, within a reasonable radius, until such time as the Council decides otherwise after taking account of the views of the Director General of the United Nations Educational, Scientific and Cultural Organization or any other competent international organization. 22 13-40403; Regulation 36. Confidentiality of data and information; Regulation 37. Procedures to ensure confidentiality; Regulation 38. Notice and general procedures; Regulation 39. Recommendations for the guidance of contractors; Regulation 40. Disputes; Regulation 41. Resources other than polymetallic nodules If a prospector or contractor finds resources in the Area other than polymetallic nodules, the prospecting and exploration for and exploitation of such resources shall be subject to the rules, regulations and procedures of the Authority relating to such resources in accordance with the Convention and the Agreement. The prospector or contractor shall notify the Authority of its find.; Regulation 42. Review; Annex II. Application for approval of a plan of work for exploration to obtain a contract; Section III. Financial and technical informationa; Section IV. The plan of work for exploration; Section V. Undertakings; Section VI. Previous contracts; Annex III. Contract for exploration THIS CONTRACT made the ... day of ... between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and ... represented by ... (hereinafter referred to as “the Contractor”) WITNESSETH as follows: Incorporation of clauses; Annex IV. Standard clauses for exploration contract; Section 1. Definitions 1.1 In the following clauses:; Section 2. Security of tenure 2.1 The Contractor shall have security of tenure and this contract shall not be suspended, terminated or revised except in accordance with sections 20, 21 and 24 hereof. 2.2 The Contractor shall have the exclusive right to explore for polymetallic nodules in the exploration area in accordance with the terms and conditions of this contract. The Authority shall ensure that no other entity operates in the exploration area for a different category of resources in a manner that might unreasonably interfere with the operations of the Contractor. 2.3 The Contractor, by notice to the Authority, shall have the right at any time to renounce without penalty the whole or part of its rights in the exploration area, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation in respect of the area renounced. 2.4 Nothing in this contract shall be deemed to confer any right on the Contractor other than those rights expressly granted herein. The Authority reserves the right to enter into contracts with respect to resources other than polymetallic nodules with third parties in the area covered by this contract. 36 13-40403; Section 3. Contract term 3.1 This contract shall enter into force on signature by both parties and shall remain in force for a period of fifteen years thereafter unless:; Section 4. Exploration 4.1 The Contractor shall commence exploration in accordance with the time schedule stipulated in the programme of activities set out in schedule 2 hereto and shall adhere to such time periods or any modification thereto as provided for by this contract. 4.2 The Contractor shall carry out the programme of activities set out in schedule 2 hereto. In carrying out such activities the Contractor shall spend in each contract year not less than the amount specified in such programme, or any agreed review thereof, in actual and direct exploration expenditures. 4.3 The Contractor, with the consent of the Authority, which consent shall not be unreasonably withheld, may from time to time make such changes in the programme of activities and the expenditures specified therein as may be necessary and prudent in accordance with good mining industry practice, and taking into account the market conditions for the metals contained in polymetallic nodules and other relevant global economic conditions. 4.4 Not later than 90 days prior to the expiration of each five-year period from the date on which this contract enters into force in accordance with section 3 hereof, the Contractor and the Secretary-General shall jointly undertake a review of the implementation of the plan of work for exploration under this contract. The Secretary-General may require the Contractor to submit such additional data and information as may be necessary for the purposes of the review. In the light of the review, the Contractor shall make such adjustments to its plan of work as are necessary and shall indicate its programme of activities for the following five-year period, including a revised schedule of anticipated yearly expenditures. Schedule 2 hereto shall be adjusted accordingly.; Section 5. Environmental monitoring 5.1 The Contractor shall take necessary measures to prevent, reduce and control pollution and other hazards to the marine environment arising from its activities in the Area as far as reasonably possible applying a precautionary approach and best environmental practices. 5.2 Prior to the commencement of exploration activities, the Contractor shall submit to the Authority:; Section 6. Contingency plans and emergencies 6.1 The Contractor shall, prior to the commencement of its programme of activities under this contract, submit to the Secretary-General a contingency plan to respond effectively to incidents that are likely to cause serious harm or a threat of serious harm to the marine environment arising from the Contractor’s activities at sea in the exploration area. Such contingency plan shall establish special procedures and provide for adequate and appropriate equipment to deal with such incidents and, in particular, shall include arrangements for:; Section 7. Human remains and objects and sites of an archaeological or historical nature The Contractor shall immediately notify the Secretary-General in writing of any finding in the exploration area of any human remains of an archaeological or historical nature, or any object or site of a similar nature and its location, including the preservation and protection measures taken. The Secretary-General shall transmit such information to the Director General of the United Nations Educational, Scientific and Cultural Organization and any other competent international organization. Following the finding of any such human remains, object or site in the exploration area, and in order to avoid disturbing such human remains, object or site, no further prospecting or exploration shall take place, within a reasonable radius, until such time as the Council decides otherwise after taking account of the views of the Director General of the United Nations Educational, Scientific and Cultural Organization or any other competent international organization.; Section 8. Training 8.1 In accordance with the Regulations, the Contractor shall, prior to the commencement of exploration under this contract, submit to the Authority for approval proposed training programmes for the training of personnel of the Authority and developing States, including the participation of such personnel in all of the Contractor’s activities under this contract. 8.2 The scope and financing of the training programme shall be subject to negotiation between the Contractor, the Authority and the sponsoring State or States. 8.3 The Contractor shall conduct training programmes in accordance with the specific programme for the training of personnel referred to in section 8.1 hereof approved by the Authority in accordance with the Regulations, which programme, as revised and developed from time to time, shall become a part of this contract as; Section 9. Books and records The Contractor shall keep a complete and proper set of books, accounts and financial records, consistent with internationally accepted accounting principles. Such books, accounts and financial records shall include information which will fully disclose the actual and direct expenditures for exploration and such other information as will facilitate an effective audit of such expenditures.; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:; Section 11. Data and information to be submitted on expiration of the contract 11.1 The Contractor shall transfer to the Authority all data and information that are both necessary for and relevant to the effective exercise of the powers and functions of the Authority in respect of the exploration area in accordance with the provisions of this section. 11.2 Upon expiration or termination of this contract the Contractor, if it has not already done so, shall submit the following data and information to the SecretaryGeneral:; Section 12. Confidentiality Data and information transferred to the Authority in accordance with this contract shall be treated as confidential in accordance with the provisions of the Regulations.; Section 13. Undertakings 13.1 The Contractor shall carry out exploration in accordance with the terms and conditions of this contract, the Regulations, Part XI of the Convention, the Agreement and other rules of international law not incompatible with the Convention. 13.2 The Contractor undertakes:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 15. Safety, labour and health standards 15.1 The Contractor shall comply with the generally accepted international rules and standards established by competent international organizations or general diplomatic conferences concerning the safety of life at sea, and the prevention of collisions and such rules, regulations and procedures as may be adopted by the Authority relating to safety at sea. Each vessel used for carrying out activities in the Area shall possess current valid certificates required by and issued pursuant to such international rules and standards. 15.2 The Contractor shall, in carrying out exploration under this contract, observe and comply with such rules, regulations and procedures as may be adopted by the Authority relating to protection against discrimination in employment, occupational safety and health, labour relations, social security, employment security and living conditions at the work site. Such rules, regulations and procedures shall take into account conventions and recommendations of the International Labour Organization and other competent international organizations.; Section 16. Responsibility and liability 16.1 The Contractor shall be liable for the actual amount of any damage, including damage to the marine environment, arising out of its wrongful acts or omissions, and those of its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, including the costs of reasonable measures to prevent or limit damage to the marine environment, account being taken of any contributory acts or omissions by the Authority. 16.2 The Contractor shall indemnify the Authority, its employees, subcontractors and agents against all claims and liabilities of any third party arising out of any wrongful acts or omissions of the Contractor and its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.3 The Authority shall be liable for the actual amount of any damage to the Contractor arising out of its wrongful acts in the exercise of its powers and functions, including violations under article 168 (2) of the Convention, account being taken of contributory acts or omissions by the Contractor, its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.4 The Authority shall indemnify the Contractor, its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its 44 13-40403 operations under this contract, against all claims and liabilities of any third party arising out of any wrongful acts or omissions in the exercise of its powers and functions hereunder, including violations under article 168 (2) of the Convention. 16.5 The Contractor shall maintain appropriate insurance policies with internationally recognized carriers, in accordance with generally accepted international maritime practice.; Section 17. Force majeure 17.1 The Contractor shall not be liable for an unavoidable delay or failure to perform any of its obligations under this contract due to force majeure. For the purposes of this contract, force majeure shall mean an event or condition that the Contractor could not reasonably be expected to prevent or control; provided that the event or condition was not caused by negligence or by a failure to observe good mining industry practice. 17.2 The Contractor shall, upon request, be granted a time extension equal to the period by which performance was delayed hereunder by force majeure and the term of this contract shall be extended accordingly. 17.3 In the event of force majeure, the Contractor shall take all reasonable measures to remove its inability to perform and comply with the terms and conditions of this contract with a minimum of delay. 17.4 The Contractor shall give notice to the Authority of the occurrence of an event of force majeure as soon as reasonably possible, and similarly give notice to the Authority of the restoration of normal conditions.; Section 18. Disclaimer Neither the Contractor nor any affiliated company or subcontractor shall in any manner claim or suggest, whether expressly or by implication, that the Authority or any official thereof has, or has expressed, any opinion with respect to polymetallic nodules in the exploration area and a statement to that effect shall not be included in or endorsed on any prospectus, notice, circular, advertisement, press release or similar document issued by the Contractor, any affiliated company or any subcontractor that refers directly or indirectly to this contract. For the purposes of this section, an “affiliated company” means any person, firm or company or Stateowned entity controlling, controlled by, or under common control with, the Contractor.; Section 19. Renunciation of rights The Contractor, by notice to the Authority, shall have the right to renounce its rights and terminate this contract without penalty, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation and those obligations required to be fulfilled after termination in accordance with the Regulations.; Section 20. Termination of sponsorship 20.1 If the nationality or control of the Contractor changes or the Contractor’s sponsoring State, as defined in the Regulations, terminates its sponsorship, the Contractor shall promptly notify the Authority forthwith. 20.2 In either such event, if the Contractor does not obtain another sponsor meeting the requirements prescribed in the Regulations which submits to the Authority a certificate of sponsorship for the Contractor in the prescribed form within the time specified in the Regulations, this contract shall terminate forthwith.; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:; Section 22. Transfer of rights and obligations 22.1 The rights and obligations of the Contractor under this contract may be transferred in whole or in part only with the consent of the Authority and in accordance with the Regulations. 22.2 The Authority shall not unreasonably withhold consent to the transfer if the proposed transferee is in all respects a qualified applicant in accordance with the Regulations and assumes all of the obligations of the Contractor and if the transfer does not confer to the transferee a plan of work, the approval of which would be forbidden by article 6, paragraph 3 (c), of annex III to the Convention. 22.3 The terms, undertakings and conditions of this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.; Section 23. No waiver No waiver by either party of any rights pursuant to a breach of the terms and conditions of this contract to be performed by the other party shall be construed as a waiver by the party of any succeeding breach of the same or any other term or condition to be performed by the other party.; Section 24. Revision 24.1 When circumstances have arisen or are likely to arise which, in the opinion of the Authority or the Contractor, would render this contract inequitable or make it impracticable or impossible to achieve the objectives set out in this contract or in; Section 25. Disputes 25.1 Any dispute between the parties concerning the interpretation or application of this contract shall be settled in accordance with Part XI, section 5, of the Convention. 25.2 In accordance with article 21 (2) of Annex III to the Convention, any final decision rendered by a court or tribunal having jurisdiction under the Convention relating to the rights and obligations of the Authority and of the Contractor shall be enforceable in the territory of any State party to the Convention affected thereby.; Section 26. Notice 26.1 Any application, request, notice, report, consent, approval, waiver, direction or instruction hereunder shall be made by the Secretary-General or by the designated representative of the Contractor, as the case may be, in writing. Service shall be by hand, or by telex, fax, registered airmail or e-mail containing an authorized signature to the Secretary-General at the headquarters of the Authority or to the designated representative. The requirement to provide any information in writing under these Regulations is satisfied by the provision of the information in an e-mail containing a digital signature. 26.2 Either party shall be entitled to change any such address to any other address by not less than ten days’ notice to the other party. 26.3 Delivery by hand shall be effective when made. Delivery by telex shall be deemed to be effective on the business day following the day when the “answer back” appears on the sender’s telex machine. Delivery by fax shall be effective when the “transmit confirmation report” confirming the transmission to the recipient’s published fax number is received by the transmitter. Delivery by registered airmail shall be deemed to be effective 21 days after posting. An e-mail is presumed to have been received by the addressee when it enters an information system designated or used by the addressee for the purpose of receiving documents of the type sent and it is capable of being retrieved and processed by the addressee. 26.4 Notice to the designated representative of the Contractor shall constitute effective notice to the Contractor for all purposes under this contract, and the designated representative shall be the Contractor’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction. 26.5 Notice to the Secretary-General shall constitute effective notice to the Authority for all purposes under this contract, and the Secretary-General shall be the Authority’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction. 48 13-40403; Section 27. Applicable law 27.1 This contract shall be governed by the terms of this contract, the rules, regulations and procedures of the Authority, Part XI of the Convention, the Agreement and other rules of international law not incompatible with the Convention. 27.2 The Contractor, its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract shall observe the applicable law referred to in section 27.1 hereof and shall not engage in any transaction, directly or indirectly, prohibited by the applicable law. 27.3 Nothing contained in this contract shall be deemed an exemption from the necessity of applying for and obtaining any permit or authority that may be required for any activities under this contract.; Section 28. Interpretation The division of this contract into sections and subsections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation hereof.; Section 29. Additional documents Each party hereto agrees to execute and deliver all such further instruments, and to do and perform all such further acts and things as may be necessary or expedient to give effect to the provisions of this contract.
ISA Polymetallic Sulphides Exploration Regulations (2010): Regulation 2. Prospecting; Regulation 4. Consideration of notifications; Regulation 8. Objects of an archaeological or historical nature A prospector shall immediately notify the Secretary-General in writing of any finding in the Area of an object of actual or potential archaeological or historical nature and its location. The Secretary-General shall transmit such information to the Director-General of the United Nations Educational, Scientific and Cultural Organization.; Regulation 9. General Subject to the provisions of the Convention, the following may apply to the Authority for approval of plans of work for exploration:; Regulation 10. Form of applications; Regulation 12. Total area covered by the application; Regulation 13. Financial and technical capabilities; Regulation 14. Previous contracts with the Authority Where the applicant or, in the case of an application by a partnership or consortium of entities in a joint arrangement, any member of the partnership or consortium, has previously been awarded any contract with the Authority, the application shall include:; Regulation 15. Undertakings Each applicant, including the Enterprise, shall, as part of its application for approval of a plan of work for exploration, provide a written undertaking to the Authority that it will:; Regulation 17. Data and information to be submitted before the designation of a reserved area; Regulation 18. Applications for approval of plans of work with respect to a reserved area; Regulation 19. Equity interest in a joint venture arrangement; Regulation 20. Data and information to be submitted for approval of the plan of work for exploration; Regulation 21. Fee for applications; Regulation 22. Receipt, acknowledgement and safe custody of applications The Secretary-General shall:; Regulation 23. Consideration by the Legal and Technical Commission; Regulation 24. Consideration and approval of plans of work for exploration by the Council The Council shall consider the reports and recommendations of the Commission relating to approval of plans of work for exploration in accordance with paragraphs 11 and 12 of section 3 of the annex to the Agreement.; Regulation 25. The contract; Regulation 26. Rights of the contractor; Regulation 27. Size of area and relinquishment; Regulation 28. Duration of contracts; Regulation 29. Training Pursuant to article 15 of annex III to the Convention, each contract shall include as a schedule a practical programme for the training of personnel of the Authority and developing States and drawn up by the contractor in cooperation with the Authority and the sponsoring State or States. Training programmes shall focus on training in the conduct of exploration, and shall provide for full participation by such personnel in all activities covered by the contract. Such training programmes may be revised and developed from time to time as necessary by mutual agreement.; Regulation 30. Periodic review of the implementation of the plan of work for exploration; Regulation 31. Termination of sponsorship; Regulation 32. Responsibility and liability Responsibility and liability of the contractor and of the Authority shall be in accordance with the Convention. The contractor shall continue to have responsibility for any damage arising out of wrongful acts in the conduct of its operations, in particular damage to the marine environment, after the completion of the exploration phase.; Regulation 33. Protection and preservation of the marine environment; Regulation 34. Environmental baselines and monitoring; Regulation 35. Emergency orders; Regulation 36. Rights of coastal States; Regulation 37. Human remains and objects and sites of an archaeological or historical nature The contractor shall immediately notify the Secretary-General in writing of any finding in the exploration area of any human remains of an archaeological or historical nature, or any object or site of a similar nature and its location, including the preservation and protection measures taken. The Secretary-General shall transmit such information to the Director-General of the United Nations Educational, Scientific and Cultural Organization and any other competent international organization. Following the finding of any such human remains, object or site in the exploration area, and in order to avoid disturbing such human remains, object or site, no further prospecting or exploration shall take place, within a reasonable radius, until such time as the Council decides otherwise after taking account of the views of the Director-General of the United Nations Educational, Scientific and Cultural Organization or any other competent international organization.; Regulation 38. Confidentiality of data and information; Regulation 39. Procedures to ensure confidentiality; Regulation 40. Notice and general procedures; Regulation 41. Recommendations for the guidance of contractors; Regulation 42. Disputes; Regulation 43. Resources other than polymetallic sulphides If a prospector or contractor finds resources in the Area other than polymetallic sulphides, the prospecting and exploration for and exploitation of such resources shall be subject to the rules, regulations and procedures of the Authority relating to such resources in accordance with the Convention and the Agreement. The prospector or contractor shall notify the Authority of its find.; Regulation 44. Review; Annex 2. Application for approval of a plan of work for exploration to obtain a contract; Section III. Financial and technical information; Section IV. The plan of work for exploration; Section V. Undertakings; Section VI. Previous contracts; Annex 3. Contract for exploration THIS CONTRACT made the day of between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and represented by (hereinafter referred to as “the Contractor”) WITNESSETH as follows: Incorporation of clauses A. The standard clauses set out in annex 4 to the Regulations on Prospecting and Exploration for Polymetallic Sulphides in the Area shall be incorporated herein and shall have effect as if herein set out at length. Exploration area B. For the purposes of this contract, the “exploration area” means that part of the Area allocated to the Contractor for exploration, defined by the coordinates listed in; Annex 4. Standard clauses for exploration contract; Section 1. Definitions 1.1 In the following clauses:; Section 2. Security of tenure 2.1 The Contractor shall have security of tenure and this contract shall not be suspended, terminated or revised except in accordance with sections 20, 21 and 24 hereof. 2.2 The Contractor shall have the exclusive right to explore for polymetallic sulphides in the exploration area in accordance with the terms and conditions of this contract. The Authority shall ensure that no other entity operates in the exploration area for a different category of resources in a manner that might unreasonably interfere with the operations of the Contractor. 2.3 The Contractor, by notice to the Authority, shall have the right at any time to renounce without penalty the whole or part of its rights in the exploration area, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation in respect of the area renounced. 2.4 Nothing in this contract shall be deemed to confer any right on the Contractor other than those rights expressly granted herein. The Authority reserves the right to enter into contracts with respect to resources other than polymetallic sulphides with third parties in the area covered by this contract.; Section 3. Contract term 3.1 This contract shall enter into force on signature by both parties and shall remain in force for a period of fifteen years thereafter unless:; Section 4. Exploration 4.1 The Contractor shall commence exploration in accordance with the time schedule stipulated in the programme of activities set out in schedule 2 hereto and shall adhere to such time periods or any modification thereto as provided for by this contract. 4.2 The Contractor shall carry out the programme of activities set out in; Section 5. Environmental monitoring 5.1 The Contractor shall take necessary measures to prevent, reduce and control pollution and other hazards to the marine environment arising from its activities in the Area as far as reasonably possible applying a precautionary approach and best environmental practices. 5.2 Prior to the commencement of exploration activities, the Contractor shall submit to the Authority:; Section 6. Contingency plans and emergencies 6.1 The Contractor shall, prior to the commencement of its programme of activities under this contract, submit to the Secretary-General a contingency plan to respond effectively to incidents that are likely to cause serious harm or a threat of serious harm to the marine environment arising from the Contractor’s activities at sea in the exploration area. Such contingency plan shall establish special procedures and provide for adequate and appropriate equipment to deal with such incidents and, in particular, shall include arrangements for:; Section 7. Human remains and objects and sites of an archaeological or historical nature The Contractor shall immediately notify the Secretary-General in writing of any finding in the exploration area of any human remains of an archaeological or historical nature, or any object or site of a similar nature and its location, including the preservation and protection measures taken. The Secretary-General shall 40 10-63720 transmit such information to the Director-General of the United Nations Educational, Scientific and Cultural Organization and any other competent international organization. Following the finding of any such human remains, object or site in the exploration area, and in order to avoid disturbing such human remains, object or site, no further prospecting or exploration shall take place, within a reasonable radius, until such time as the Council decides otherwise after taking account of the views of the Director-General of the United Nations Educational, Scientific and Cultural Organization or any other competent international organization.; Section 8. Training 8.1 In accordance with the Regulations, the Contractor shall, prior to the commencement of exploration under this contract, submit to the Authority for approval proposed training programmes for the training of personnel of the Authority and developing States, including the participation of such personnel in all of the Contractor’s activities under this contract. 8.2 The scope and financing of the training programme shall be subject to negotiation between the Contractor, the Authority and the sponsoring State or States. 8.3 The Contractor shall conduct training programmes in accordance with the specific programme for the training of personnel referred to in section 8.1 hereof approved by the Authority in accordance with the Regulations, which programme, as revised and developed from time to time, shall become a part of this contract as; Section 9. Books and records The Contractor shall keep a complete and proper set of books, accounts and financial records, consistent with internationally accepted accounting principles. Such books, accounts and financial records shall include information which will fully disclose the actual and direct expenditures for exploration and such other information as will facilitate an effective audit of such expenditures.; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:; Section 11. Data and information to be submitted on expiration of the contract 11.1 The Contractor shall transfer to the Authority all data and information that are both necessary for and relevant to the effective exercise of the powers and functions of the Authority in respect of the exploration area in accordance with the provisions of this section. 11.2 Upon expiration or termination of this contract the Contractor, if it has not already done so, shall submit the following data and information to the SecretaryGeneral:; Section 12. Confidentiality Data and information transferred to the Authority in accordance with this contract shall be treated as confidential in accordance with the provisions of the Regulations.; Section 13. Undertakings 13.1 The Contractor shall carry out exploration in accordance with the terms and conditions of this contract, the Regulations, Part XI of the Convention, the Agreement and other rules of international law not incompatible with the Convention. 13.2 The Contractor undertakes:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 15. Safety, labour and health standards 15.1 The Contractor shall comply with the generally accepted international rules and standards established by competent international organizations or general diplomatic conferences concerning the safety of life at sea, and the prevention of collisions and such rules, regulations and procedures as may be adopted by the Authority relating to safety at sea. Each vessel used for carrying out activities in the Area shall possess current valid certificates required by and issued pursuant to such international rules and standards. 15.2 The Contractor shall, in carrying out exploration under this contract, observe and comply with such rules, regulations and procedures as may be adopted by the Authority relating to protection against discrimination in employment, occupational safety and health, labour relations, social security, employment security and living conditions at the work site. Such rules, regulations and procedures shall take into account conventions and recommendations of the International Labour Organization and other competent international organizations.; Section 16. Responsibility and liability 16.1 The Contractor shall be liable for the actual amount of any damage, including damage to the marine environment, arising out of its wrongful acts or omissions, and those of its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, including the costs of reasonable measures to prevent or limit damage to the marine environment, account being taken of any contributory acts or omissions by the Authority. 16.2 The Contractor shall indemnify the Authority, its employees, subcontractors and agents against all claims and liabilities of any third party arising out of any wrongful acts or omissions of the Contractor and its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.3 The Authority shall be liable for the actual amount of any damage to the Contractor arising out of its wrongful acts in the exercise of its powers and functions, including violations under article 168, paragraph 2, of the Convention, account being taken of contributory acts or omissions by the Contractor, its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.4 The Authority shall indemnify the Contractor, its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, against all claims and liabilities of any third party arising out of any wrongful acts or omissions in the exercise of its powers and functions hereunder, including violations under article 168, paragraph 2, of the Convention. 16.5 The Contractor shall maintain appropriate insurance policies with internationally recognized carriers, in accordance with generally accepted international maritime practice.; Section 17. Force majeure 17.1 The Contractor shall not be liable for an unavoidable delay or failure to perform any of its obligations under this contract due to force majeure. For the purposes of this contract, force majeure shall mean an event or condition that the Contractor could not reasonably be expected to prevent or control; provided that the event or condition was not caused by negligence or by a failure to observe good mining industry practice. 17.2 The Contractor shall, upon request, be granted a time extension equal to the period by which performance was delayed hereunder by force majeure and the term of this contract shall be extended accordingly. 17.3 In the event of force majeure, the Contractor shall take all reasonable measures to remove its inability to perform and comply with the terms and conditions of this contract with a minimum of delay. 17.4 The Contractor shall give notice to the Authority of the occurrence of an event of force majeure as soon as reasonably possible, and similarly give notice to the Authority of the restoration of normal conditions.; Section 18. Disclaimer Neither the Contractor nor any affiliated company or subcontractor shall in any manner claim or suggest, whether expressly or by implication, that the Authority or any official thereof has, or has expressed, any opinion with respect to polymetallic sulphides in the exploration area and a statement to that effect shall not be included in or endorsed on any prospectus, notice, circular, advertisement, press release or similar document issued by the Contractor, any affiliated company or any subcontractor that refers directly or indirectly to this contract. For the purposes of this section, an “affiliated company” means any person, firm or company or Stateowned entity controlling, controlled by, or under common control with, the Contractor.; Section 19. Renunciation of rights The Contractor, by notice to the Authority, shall have the right to renounce its rights and terminate this contract without penalty, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation and those obligations required to be fulfilled after termination in accordance with the Regulations. 46 10-63720; Section 20. Termination of sponsorship 20.1 If the nationality or control of the Contractor changes or the Contractor’s sponsoring State, as defined in the Regulations, terminates its sponsorship, the Contractor shall promptly notify the Authority forthwith. 20.2 In either such event, if the Contractor does not obtain another sponsor meeting the requirements prescribed in the Regulations which submits to the Authority a certificate of sponsorship for the Contractor in the prescribed form within the time specified in the Regulations, this contract shall terminate forthwith.; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:; Section 22. Transfer of rights and obligations 22.1 The rights and obligations of the Contractor under this contract may be transferred in whole or in part only with the consent of the Authority and in accordance with the Regulations. 22.2 The Authority shall not unreasonably withhold consent to the transfer if the proposed transferee is in all respects a qualified applicant in accordance with the Regulations and assumes all of the obligations of the Contractor and if the transfer does not confer to the transferee a plan of work, the approval of which would be forbidden by Annex III, article 6, paragraph 3 (c), of the Convention. 22.3 The terms, undertakings and conditions of this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.; Section 23. No waiver No waiver by either party of any rights pursuant to a breach of the terms and conditions of this contract to be performed by the other party shall be construed as a waiver by the party of any succeeding breach of the same or any other term or condition to be performed by the other party.; Section 24. Revision 24.1 When circumstances have arisen or are likely to arise which, in the opinion of the Authority or the Contractor, would render this contract inequitable or make it impracticable or impossible to achieve the objectives set out in this contract or in; Section 25. Disputes 25.1 Any dispute between the parties concerning the interpretation or application of this contract shall be settled in accordance with Part XI, section 5, of the Convention. 25.2 In accordance with article 21, paragraph 2, of Annex III to the Convention, any final decision rendered by a court or tribunal having jurisdiction under the Convention relating to the rights and obligations of the Authority and of the Contractor shall be enforceable in the territory of any State Party to the Convention affected thereby.; Section 26. Notice 26.1 Any application, request, notice, report, consent, approval, waiver, direction or instruction hereunder shall be made by the Secretary-General or by the designated representative of the Contractor, as the case may be, in writing. Service shall be by hand, or by telex, facsimile, registered airmail or electronic mail containing an authorized signature to the Secretary-General at the headquarters of the Authority or to the designated representative. The requirement to provide any information in writing under these Regulations is satisfied by the provision of the information in an electronic document containing a digital signature. 26.2 Either party shall be entitled to change any such address to any other address by not less than ten days’ notice to the other party. 26.3 Delivery by hand shall be effective when made. Delivery by telex shall be deemed to be effective on the business day following the day when the “answer back” appears on the sender’s telex machine. Delivery by facsimile shall be effective when the “transmit confirmation report” confirming the transmission to the recipient’s published facsimile number is received by the transmitter. Delivery by registered airmail shall be deemed to be effective 21 days after posting. An electronic document is presumed to have been received by the addressee when it enters an information system designated or used by the addressee for the purpose of receiving documents of the type sent and it is capable of being retrieved and processed by the addressee. 26.4 Notice to the designated representative of the Contractor shall constitute effective notice to the Contractor for all purposes under this contract, and the designated representative shall be the Contractor’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction. 26.5 Notice to the Secretary-General shall constitute effective notice to the Authority for all purposes under this contract, and the Secretary-General shall be the Authority’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction.; Section 27. Applicable law 27.1 This contract shall be governed by the terms of this contract, the rules, regulations and procedures of the Authority, Part XI of the Convention, the Agreement and other rules of international law not incompatible with the Convention. 27.2 The Contractor, its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract shall observe the applicable law referred to in section 27.1 hereof and shall not engage in any transaction, directly or indirectly, prohibited by the applicable law. 27.3 Nothing contained in this contract shall be deemed an exemption from the necessity of applying for and obtaining any permit or authority that may be required for any activities under this contract.; Section 28. Interpretation The division of this contract into sections and subsections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation hereof.; Section 29. Additional documents Each party hereto agrees to execute and deliver all such further instruments, and to do and perform all such further acts and things as may be necessary or expedient to give effect to the provisions of this contract.
ISA Cobalt-rich Crusts Exploration Regulations (2012): Regulation 2. Prospecting; Regulation 4. Consideration of notifications; Regulation 8. Objects of an archaeological or historical nature A prospector shall immediately notify the Secretary-General in writing of any finding in the Area of an object of actual or potential archaeological or historical nature and its location. The Secretary-General shall transmit such information to the Director-General of the United Nations Educational, Scientific and Cultural Organization.; Regulation 9. General Subject to the provisions of the Convention, the following may apply to the Authority for approval of plans of work for exploration:; Regulation 10. Form of applications; Regulation 12. Total area covered by the application; Regulation 13. Financial and technical capabilities; Regulation 14. Previous contracts with the Authority Where the applicant or, in the case of an application by a partnership or consortium of entities in a joint arrangement, any member of the partnership or consortium, has previously been awarded any contract with the Authority, the application shall include:; Regulation 15. Undertakings Each applicant, including the Enterprise, shall, as part of its application for approval of a plan of work for exploration, provide a written undertaking to the Authority that it will:; Regulation 17. Data and information to be submitted before the designation of a reserved area; Regulation 18. Applications for approval of plans of work with respect to a reserved area; Regulation 19. Equity interest in a joint venture arrangement; Regulation 20. Data and information to be submitted for approval of the plan of work for exploration; Regulation 21. Fee for applications; Regulation 22. Receipt, acknowledgement and safe custody of applications The Secretary-General shall:; Regulation 23. Consideration by the Legal and Technical Commission; Regulation 24. Consideration and approval of plans of work for exploration by the Council The Council shall consider the reports and recommendations of the Legal and Technical Commission relating to approval of plans of work for exploration in accordance with paragraphs 11 and 12 of section 3 of the annex to the Agreement.; Regulation 25. The contract; Regulation 26. Rights of the contractor; Regulation 27. Size of area and relinquishment; Regulation 28. Duration of contracts; Regulation 29. Training Pursuant to article 15 of annex III to the Convention, each contract shall include as a schedule a practical programme for the training of personnel of the Authority and developing States and drawn up by the contractor in cooperation with the Authority and the sponsoring State or States. Training programmes shall focus on training in the conduct of exploration, and shall provide for full participation by such personnel in all activities covered by the contract. Such training programmes may be revised and developed from time to time as necessary by mutual agreement.; Regulation 30. Periodic review of the implementation of the plan of work for exploration; Regulation 31. Termination of sponsorship; Regulation 32. Responsibility and liability Responsibility and liability of the contractor and of the Authority shall be in accordance with the Convention. The contractor shall continue to have responsibility for any damage arising out of wrongful acts in the conduct of its operations, in particular damage to the marine environment, after the completion of the exploration phase.; Regulation 33. Protection and preservation of the marine environment; Regulation 34. Environmental baselines and monitoring; Regulation 35. Emergency orders; Regulation 36. Rights of coastal States; Regulation 37. Human remains and objects and sites of an archaeological or historical nature The contractor shall immediately notify the Secretary-General in writing of any finding in the exploration area of any human remains of an archaeological or historical nature, or any object or site of a similar nature and its location, including the preservation and protection measures taken. The Secretary-General shall immediately transmit such information to the Director-General of the United Nations Educational, Scientific and Cultural Organization and any other competent international organization. Following the finding of any such human remains, object or site in the exploration area, and in order to avoid disturbing such human remains, object or site, no further prospecting or exploration shall take place, within a reasonable radius, until such time as the Council decides otherwise after taking account of the views of the Director-General of the United Nations Educational, Scientific and Cultural Organization or any other competent international organization.; Regulation 38. Confidentiality of data and information; Regulation 39. Procedures to ensure confidentiality; Regulation 40. Notice and general procedures; Regulation 41. Recommendations for the guidance of contractors; Regulation 42. Disputes; Regulation 43. Resources other than cobalt crusts If a prospector or contractor finds resources in the Area other than cobalt crusts, the prospecting and exploration for and exploitation of such resources shall be subject to the rules, regulations and procedures of the Authority relating to such resources in accordance with the Convention and the Agreement. The prospector or contractor shall notify the Authority of its find.; Regulation 44. Review; Annex II. Application for approval of a plan of work for exploration to obtain a contract; Section III. Financial and technical information; Section IV. The plan of work for exploration; Section V. Undertakings; Section VI. Previous contracts; Annex III. Contract for exploration THIS CONTRACT made the … day of … between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and … represented by … (hereinafter referred to as “the Contractor”) WITNESSETH as follows: Incorporation of clauses; Annex IV. Standard clauses for exploration contract; Section 1. Definitions 1.1 In the following clauses:; Section 2. Security of tenure 2.1 The Contractor shall have security of tenure and this contract shall not be suspended, terminated or revised except in accordance with sections 20, 21 and 24 hereof. 2.2 The Contractor shall have the exclusive right to explore for cobalt crusts in the exploration area in accordance with the terms and conditions of this contract. The Authority shall ensure that no other entity operates in the exploration area for a different category of resources in a manner that might unreasonably interfere with the operations of the Contractor. 2.3 The Contractor, by notice to the Authority, shall have the right at any time to renounce without penalty the whole or part of its rights in the exploration area, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation in respect of the area renounced. 2.4 Nothing in this contract shall be deemed to confer any right on the Contractor other than those rights expressly granted herein. The Authority reserves the right to enter into contracts with respect to resources other than cobalt crusts with third parties in the area covered by this contract.; Section 3. Contract term 3.1 This contract shall enter into force on signature by both parties and shall remain in force for a period of fifteen years thereafter unless:; Section 4. Exploration 4.1 The Contractor shall commence exploration in accordance with the time schedule stipulated in the programme of activities set out in schedule 2 hereto and shall adhere to such time periods or any modification thereto as provided for by this contract. 4.2 The Contractor shall carry out the programme of activities set out in schedule 2 hereto. In carrying out such activities the Contractor shall spend in each contract year not less than the amount specified in such programme, or any agreed review thereof, in actual and direct exploration expenditures. 4.3 The Contractor, with the consent of the Authority, which consent shall not be unreasonably withheld, may from time to time make such changes in the programme of activities and the expenditures specified therein as may be necessary and prudent in accordance with good mining industry practice, and taking into account the market conditions for the metals contained in cobalt crusts and other relevant global economic conditions. 4.4 Not later than 90 days prior to the expiration of each five-year period from the date on which this contract enters into force in accordance with section 3 hereof, the Contractor and the Secretary-General shall jointly undertake a review of the implementation of the plan of work for exploration under this contract. The Secretary-General may require the Contractor to submit such additional data and information as may be necessary for the purposes of the review. In the light of the review, the Contractor shall make such adjustments to its plan of work as are 38 12-57345 necessary and shall indicate its programme of activities for the following five-year period, including a revised schedule of anticipated yearly expenditures. Schedule 2 hereto shall be adjusted accordingly.; Section 5. Environmental monitoring 5.1 The Contractor shall take necessary measures to prevent, reduce and control pollution and other hazards to the marine environment arising from its activities in the Area as far as reasonably possible applying a precautionary approach and best environmental practices. 5.2 Prior to the commencement of exploration activities, the Contractor shall submit to the Authority:; Section 6. Contingency plans and emergencies 6.1 The Contractor shall, prior to the commencement of its programme of activities under this contract, submit to the Secretary-General a contingency plan to respond effectively to incidents that are likely to cause serious harm or a threat of serious harm to the marine environment arising from the Contractor’s activities at sea in the exploration area. Such contingency plan shall establish special procedures and provide for adequate and appropriate equipment to deal with such incidents and, in particular, shall include arrangements for:; Section 7. Human remains and objects and sites of an archaeological or historical nature The Contractor shall immediately notify the Secretary-General in writing of any finding in the exploration area of any human remains of an archaeological or historical nature, or any object or site of a similar nature and its location, including the preservation and protection measures taken. The Secretary-General shall 40 12-57345 transmit such information to the Director-General of the United Nations Educational, Scientific and Cultural Organization and any other competent international organization. Following the finding of any such human remains, object or site in the exploration area, and in order to avoid disturbing such human remains, object or site, no further prospecting or exploration shall take place, within a reasonable radius, until such time as the Council decides otherwise after taking account of the views of the Director-General of the United Nations Educational, Scientific and Cultural Organization or any other competent international organization.; Section 8. Training 8.1 In accordance with the Regulations, the Contractor shall, prior to the commencement of exploration under this contract, submit to the Authority for approval proposed training programmes for the training of personnel of the Authority and developing States, including the participation of such personnel in all of the Contractor’s activities under this contract. 8.2 The scope and financing of the training programme shall be subject to negotiation between the Contractor, the Authority and the sponsoring State or States. 8.3 The Contractor shall conduct training programmes in accordance with the specific programme for the training of personnel referred to in section 8.1 hereof approved by the Authority in accordance with the Regulations, which programme, as revised and developed from time to time, shall become a part of this contract as; Section 9. Books and records The Contractor shall keep a complete and proper set of books, accounts and financial records, consistent with internationally accepted accounting principles. Such books, accounts and financial records shall include information which will fully disclose the actual and direct expenditures for exploration and such other information as will facilitate an effective audit of such expenditures.; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:; Section 11. Data and information to be submitted on expiration of the contract 11.1 The Contractor shall transfer to the Authority all data and information that are both necessary for and relevant to the effective exercise of the powers and functions of the Authority in respect of the exploration area in accordance with the provisions of this section. 11.2 Upon expiration or termination of this contract the Contractor, if it has not already done so, shall submit the following data and information to the SecretaryGeneral:; Section 12. Confidentiality Data and information transferred to the Authority in accordance with this contract shall be treated as confidential in accordance with the provisions of the Regulations.; Section 13. Undertakings 13.1 The Contractor shall carry out exploration in accordance with the terms and conditions of this contract, the Regulations, Part XI of the Convention, the Agreement and other rules of international law not incompatible with the Convention. 13.2 The Contractor undertakes:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 15. Safety, labour and health standards 15.1 The Contractor shall comply with the generally accepted international rules and standards established by competent international organizations or general diplomatic conferences concerning the safety of life at sea, and the prevention of collisions and such rules, regulations and procedures as may be adopted by the Authority relating to safety at sea. Each vessel used for carrying out activities in the Area shall possess current valid certificates required by and issued pursuant to such international rules and standards. 15.2 The Contractor shall, in carrying out exploration under this contract, observe and comply with such rules, regulations and procedures as may be adopted by the Authority relating to protection against discrimination in employment, occupational safety and health, labour relations, social security, employment security and living conditions at the work site. Such rules, regulations and procedures shall take into account conventions and recommendations of the International Labour Organization and other competent international organizations.; Section 16. Responsibility and liability 16.1 The Contractor shall be liable for the actual amount of any damage, including damage to the marine environment, arising out of its wrongful acts or omissions, and those of its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, including the costs of reasonable measures to prevent or limit damage to the marine environment, account being taken of any contributory acts or omissions by the Authority. 16.2 The Contractor shall indemnify the Authority, its employees, subcontractors and agents against all claims and liabilities of any third party arising out of any wrongful acts or omissions of the Contractor and its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.3 The Authority shall be liable for the actual amount of any damage to the Contractor arising out of its wrongful acts in the exercise of its powers and functions, including violations under article 168 (2) of the Convention, account being taken of contributory acts or omissions by the Contractor, its employees, agents and subcontractors, and all persons engaged in working or acting for them in the conduct of its operations under this contract. 16.4 The Authority shall indemnify the Contractor, its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, against all claims and liabilities of any third party arising out of any wrongful acts or omissions in the exercise of its powers and functions hereunder, including violations under article 168 (2) of the Convention. 16.5 The Contractor shall maintain appropriate insurance policies with internationally recognized carriers, in accordance with generally accepted international maritime practice.; Section 17. Force majeure 17.1 The Contractor shall not be liable for an unavoidable delay or failure to perform any of its obligations under this contract due to force majeure. For the purposes of this contract, force majeure shall mean an event or condition that the Contractor could not reasonably be expected to prevent or control; provided that the event or condition was not caused by negligence or by a failure to observe good mining industry practice. 17.2 The Contractor shall, upon request, be granted a time extension equal to the period by which performance was delayed hereunder by force majeure and the term of this contract shall be extended accordingly. 17.3 In the event of force majeure, the Contractor shall take all reasonable measures to remove its inability to perform and comply with the terms and conditions of this contract with a minimum of delay. 17.4 The Contractor shall give notice to the Authority of the occurrence of an event of force majeure as soon as reasonably possible, and similarly give notice to the Authority of the restoration of normal conditions.; Section 18. Disclaimer Neither the Contractor nor any affiliated company or subcontractor shall in any manner claim or suggest, whether expressly or by implication, that the Authority or any official thereof has, or has expressed, any opinion with respect to cobalt crusts in the exploration area and a statement to that effect shall not be included in or endorsed on any prospectus, notice, circular, advertisement, press release or similar document issued by the Contractor, any affiliated company or any subcontractor that refers directly or indirectly to this contract. For the purposes of this section, an “affiliated company” means any person, firm or company or State-owned entity controlling, controlled by, or under common control with, the Contractor.; Section 19. Renunciation of rights The Contractor, by notice to the Authority, shall have the right to renounce its rights and terminate this contract without penalty, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation and those obligations required to be fulfilled after termination in accordance with the Regulations. 46 12-57345; Section 20. Termination of sponsorship 20.1 If the nationality or control of the Contractor changes or the Contractor’s sponsoring State, as defined in the Regulations, terminates its sponsorship, the Contractor shall promptly notify the Authority forthwith. 20.2 In either such event, if the Contractor does not obtain another sponsor meeting the requirements prescribed in the Regulations which submits to the Authority a certificate of sponsorship for the Contractor in the prescribed form within the time specified in the Regulations, this contract shall terminate forthwith.; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:; Section 22. Transfer of rights and obligations 22.1 The rights and obligations of the Contractor under this contract may be transferred in whole or in part only with the consent of the Authority and in accordance with the Regulations. 22.2 The Authority shall not unreasonably withhold consent to the transfer if the proposed transferee is in all respects a qualified applicant in accordance with the Regulations and assumes all of the obligations of the Contractor. 22.3 The terms, undertakings and conditions of this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.; Section 23. No waiver No waiver by either party of any rights pursuant to a breach of the terms and conditions of this contract to be performed by the other party shall be construed as a waiver by the party of any succeeding breach of the same or any other term or condition to be performed by the other party.; Section 24. Revision 24.1 When circumstances have arisen or are likely to arise which, in the opinion of the Authority or the Contractor, would render this contract inequitable or make it impracticable or impossible to achieve the objectives set out in this contract or in; Section 25. Disputes 25.1 Any dispute between the parties concerning the interpretation or application of this contract shall be settled in accordance with Part XI, section 5, of the Convention. 25.2 In accordance with article 21 (2) of annex III to the Convention, any final decision rendered by a court or tribunal having jurisdiction under the Convention relating to the rights and obligations of the Authority and of the Contractor shall be enforceable in the territory of any State party to the Convention affected thereby.; Section 26. Notice 26.1 Any application, request, notice, report, consent, approval, waiver, direction or instruction hereunder shall be made by the Secretary-General or by the designated representative of the Contractor, as the case may be, in writing. Service shall be by hand, or by telex, fax, registered airmail or e-mail containing an authorized signature to the Secretary-General at the headquarters of the Authority or to the designated representative. The requirement to provide any information in writing under these Regulations is satisfied by the provision of the information in an electronic document containing a digital signature. 26.2 Either party shall be entitled to change any such address to any other address by not less than ten days’ notice to the other party. 26.3 Delivery by hand shall be effective when made. Delivery by telex shall be deemed to be effective on the business day following the day when the “answer back” appears on the sender’s telex machine. Delivery by fax shall be effective when the “transmit confirmation report” confirming the transmission to the recipient’s published fax number is received by the transmitter. Delivery by registered airmail shall be deemed to be effective 21 days after posting. An e-mail is presumed to have been received by the addressee when it enters an information system designated or used by the addressee for the purpose of receiving documents of the type sent and it is capable of being retrieved and processed by the addressee. 26.4 Notice to the designated representative of the Contractor shall constitute effective notice to the Contractor for all purposes under this contract, and the designated representative shall be the Contractor’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction. 26.5 Notice to the Secretary-General shall constitute effective notice to the Authority for all purposes under this contract, and the Secretary-General shall be the Authority’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction.; Section 27. Applicable law 27.1 This contract shall be governed by the terms of this contract, the rules, regulations and procedures of the Authority, Part XI of the Convention, the Agreement and other rules of international law not incompatible with the Convention. 27.2 The Contractor, its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract shall observe the applicable law referred to in section 27.1 hereof and shall not engage in any transaction, directly or indirectly, prohibited by the applicable law. 27.3 Nothing contained in this contract shall be deemed an exemption from the necessity of applying for and obtaining any permit or authority that may be required for any activities under this contract.; Section 28. Interpretation The division of this contract into sections and subsections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation hereof.; Section 29. Additional documents Each party hereto agrees to execute and deliver all such further instruments, and to do and perform all such further acts and things as may be necessary or expedient to give effect to the provisions of this contract.

reserved_areas_and_the_enterprise (103)

Reserved areas, the Enterprise, joint arrangements, and parallel-system access to the Area.

2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): Paragraph 3; Paragraph 71; Paragraph 83; Paragraph 84; Paragraph 134; Paragraph 163; Paragraph 201; Paragraph 204; Paragraph 4
1994 Part XI Implementation Agreement: Article 10. Authentic texts
UNCLOS Part XI (The Area): Article 144. Transfer of technology; Article 150. Policies relating to activities in the Area; Article 151. Production policies; Article 153. System of exploration and exploitation; Article 155. The Review Conference; Article 158. Organs of the Authority; Article 160. Powers and functions; Article 162. Powers and functions; Article 165. The Legal and Technical Commission; Article 169. Consultation and cooperation with international and non-governmental organizations; Article 170. The Enterprise; Article 171. Funds of the Authority; Article 173. Expenses of the Authority; Article 177. Privileges and immunities; Article 187. Jurisdiction of the Seabed Disputes Chamber
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 3. Duty to cooperate and exchange of information In matters relating to these Regulations:; Regulation 4. Rights and legitimate interests of coastal States and duty to notify 1. Nothing in these Regulations shall affect the rights and legitimate interests of coastal States under the Convention, including but not limited to article 142. 2. Applicants, contractors, as well as the Enterprise, shall take all necessary measures to ensure that their activities and foreseen activities in the Area are conducted with due regard to the rights and legitimate interests of the [relevant] [potentially affected] coastal States under the Convention and in accordance with applicable regulations and Standards and taking into account the Guidelines. 3. Without prejudice to other necessary measures taken pursuant to paragraph 2, Applicants, contractors or the Enterprise shall engage with potentially affected coastal States, including by conducting consultations, at an early stage including prior to and after submitting an application and throughout the Exploitation Contract, in accordance with these Regulations and the applicable Standards, and taking into account the Guidelines. 4. The potentially affected coastal States referred to in paragraph 3 above shall [include] / [comprise]:; Regulation 5. Qualified Applicants; Annex III to the Convention.; Regulation 7. Form of applications and information to accompany a Plan of Work 1. Each application for approval of a Plan of Work shall be:; Regulation 8. Area covered by an application; Regulation 15. Commission’s recommendation for the approval or disapproval of a Plan of Work; Regulation 18. Rights and exclusivity under an Exploitation Contract; Regulation 19. Joint arrangements; Regulation 29 ter Certification of origin; Regulation 37. Training Obligations; Regulation 37 bis. Transfer of Technology [1. The Contractor shall cooperate fully and effectively with the Authority for the purpose of the Authority, the Enterprise or its joint venture, a developing State or States acquiring deep seabed mining technology on fair and reasonable commercial terms and conditions, consistent with the effective protection of intellectual property rights. ] [1. Alt. The Contractor shall include in the Plan of Work undertakings on transfer of technology pursuant to article 144 of the Convention and Section 5 of the Annex to the Agreement.; Regulation 44. General Obligations; Regulation 44 bis. Regional Environmental Management Plans [1. The Council may request the Commission to prepare a Regional Environmental Management Plan for the regional areas where activities in the Area are likely to take place, for consideration and adoption by the Council.]; Regulation 44 ter Environmental Goal and Objectives; Regulation 56. Funding of the Environmental Compensation Fund [1. Consistent with the polluter-pays principle, the ECF shall consist of a one-time contribution paid by Contractors and/or the Enterprise following the approval of a [Plan of Work] and prior to [Commercial Production] [the commencement of activities under an Exploitation Contract], as well as an annual levy paid to the ECF by Contractors and/or the Enterprise, both as determined by the Authority.; Regulation 62. Equality of treatment The Council shall, based on the recommendations of the Commission, apply the provisions of this Part on a transparent, uniform and non-discriminatory basis, and shall ensure equality of financial treatment and comparable financial obligations for Contractors. [Alt. The Council shall, [based on the recommendation of the Commission], apply the regulations of this Part with the purpose of achieving all objectives of the financial terms of the contract envisaged by the Convention. Particular attention shall be given to the objectives of ensuring the transfer of technology, training and scientific knowledge to developing States; providing incentives for Contractors to undertake joint arrangements with the Enterprise and developing States; and guaranteeing equality of financial treatment and comparable financial obligations for Contractors.]; Regulation 63. [Incentives] [1. The Council may, taking into account the recommendations of the Commission and the Economic Planning Commission in accordance with the applicable Standard, provide for incentives, including Financial Incentives[, on a uniform and nondiscriminatory basis,] to Contractors [to undertake joint arrangements with the Enterprise and developing States and their nationals] to further the objectives set out in article 13, paragraph 1, of Annex III to the Convention.] [1. Alt. The Council may, taking into account the recommendations of the Commission and the Economic Planning Commission in accordance with the applicable Standard to provide for incentives, including Financial Incentives, on a uniform and nondiscriminatory basis especially for those from developing States, including small island developing States, to advance the objectives set out in article 13, paragraph 1, of Annex III to the Convention.] [2. [Those]/[Any] incentives shall be applied on a uniform and non-discriminatory basis, to further the objectives set out in article 13, paragraph 1, of Annex III to the Convention [including, where applicable, the objective of stimulating the transfer of technology to, and training the personnel of, the Authority and of developing States ].] [3. The Council shall ensure that, as a result of the Financial Incentives provided to Contractors, Contractors are not subsidized so as to be given an artificial competitive advantage with respect to other Contractors and/or land-based miners.] [4. Any incentives shall be fully compatible with the policies and principles under regulation 2[, any applicable Standards and shall take into account the Guidelines.]] [5. A Financial Incentives Registry shall be established, maintained and published through the Seabed Mining Register, pursuant to regulation 92.]; Regulation 81. Review of System of Payments; Regulation 93. Notice and general procedures 1. [This regulation shall apply to all Communications by and with the Authority].; Regulation 107. Review of these Regulations [1. Five years following [Alt. 1 the approval of these Regulations by the Assembly] [Alt. 2 the signature of the first Exploitation Contract] [Alt. 3 the first date of commencement of Commercial Production], the Council shall undertake a comprehensive review of the manner in which these Regulations have operated in practice and may also reasonably undertake such a review at any time thereafter.] [1. Alt. The Council shall take a full review of these Regulations. This review shall, at least, include:; Section IV. Financial information; Section VI. Previous contracts with the Authority; Annex XI. Parent Company Liability Statement THIS “STATEMENT” made the ... day of ... by A. [insert name of Managing Company], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Managing Company]; and B. [insert name of Contractor], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Contractor]; an d irrevocably and unconditionally DECLARE and REPRESENT that: Obligations of [Managing Company] 1. [Managing Company] is jointly and severally liable for any debts and liabilities of [Contractor] arising in relation to:; Annex XI to these Regulations.] “Pilot Mining”] [means an in situ operating of the integrated system of all equipment and all related process steps, including collector, raiser and release techniques, for exploitation activities in a Contract Area under appropriate technical, spatial and temporal conditions which provides evidence concerning, inter alia, environmental impact, commercial capacity, duration of operations to validate feasibility of future Commercial Production. “Plan of Work” means a Plan of Work for Exploitation in the Area, defined collectively as all and any plans or other documents setting out the activities for the conduct of the Exploitation, which form part of, or is proposed to be part of, an Exploitation Contract. “Preservation” means the maintenance of the environment, lands and natural resources without anthropogenic use beyond access. “Preservation Reference Zone” means a zone designated within the Contract Area in accordance with Annex X bis to these Regulations that has been identified as having similar ecological characteristics to an Impact Reference Zone, and within which no mining impacts are predicted to occur, which will be used to show a representative and stable ecosystem from the sea surface to the benthic subsurface layers, and can be used to form a comparison with an Impact Reference Zone. “Protection [of the Marine Environment]” means any action or activity designed to reduce or prevent pollution, negative environmental impacts or other damage to environment, land, ecosystems, natural resources, [traditional ownership or customary use of resources, human remains and Underwater Cultural Heritage, or intangible Underwater Cultural Heritage] by human activities, including to mitigate climate change, to reduce the risk of such damage, to protect and restore biodiversity or to lead to more efficient use of natural resources, including energy-saving measures and the use of renewable sources of energy and other techniques to reduce greenhouse gas emissions and other pollutants, as well as to shift to circular economy models to reduce the use of primary materials and increase efficiencies. It also covers actions that reinforce adaptive capacity and minimise vulnerability to climate impacts. “Regulations” means the regulations on exploitation of Mineral resources in the Area, adopted by the Authority. “Rehabilitation” means an occurrence of when an ecosystem recovers characteristics of its natural state, such as the presence of its original species, functions or services. “Regional Environmental Management Plan” means a proactive spatial management strategy that anticipates exploitation and that includes the designation of areas of Particular Environmental Interest. [Where the Regulations refer to the “applicable Regional Environmental Management Plan”, this shall be understood to mean the Regional Environmental Management Plan adopted by the Council for the particular area and type of resource concerned.] “Related Parties” or “Related Party” means parties that belong to the same corporate structure, such as a parent and subsidiary company, or sister companies which are both subsidiaries of the same parent company, and a state enterprise shall be considered a “Related Party” vis-à-vis its host State party or a Contractor sponsored by its host State party unless evidence is provided that any costs, prices and revenues have been charged or determined on an arm’s-length basis. “Reserved Area” means any part of the Area designated by the Authority as a reserved area in accordance with article 8 of Annex III to the Convention. “Resources” means all solid, liquid or gaseous mineral resources, Mineral-bearing ore, associated Minerals, or mixture thereof in situ in the Area at or beneath the seabed. “Restoration” means a return to pre-disturbance conditions. “Roster of Inspectors” means [to be inserted] “Rules of the Authority” means [the Convention, the Agreement,] these Regulations and other rules, regulations and procedures of the Authority, including Standards and Guidelines as may be adopted from time to time. “Scoping Report” means [to be inserted] “Seabed Mining Register” means the registry established and maintained by the Authority in accordance with regulation 92. [“Serious Harm to the Marine Environment”] means an Environmental Effect that, individually in combination or cumulatively meets any of the following criteria:
ISA Polymetallic Nodules Exploration Regulations (2013): Regulation 2. Prospecting; Regulation 3. Notification of prospecting; Regulation 4. Consideration of notifications; Regulation 9. General Subject to the provisions of the Convention, the following may apply to the Authority for approval of plans of work for exploration:; Regulation 10. Form of applications; Regulation 11. Certificate of sponsorship; Regulation 12. Financial and technical capabilities; Regulation 13. Previous contracts with the Authority Where the applicant or, in the case of an application by a partnership or consortium of entities in a joint arrangement, any member of the partnership or consortium, has previously been awarded any contract with the Authority, the application shall include:; Regulation 14. Undertakings Each applicant, including the Enterprise, shall, as part of its application for approval of a plan of work for exploration, provide a written undertaking to the Authority that it will:; Regulation 16. Data and information to be submitted before the designation of a reserved area; Regulation 17. Applications for approval of plans of work with respect to a reserved area; Regulation 21. Consideration by the Legal and Technical Commission; Section II. Information relating to the area under application; Section III. Financial and technical informationa; Section VI. Previous contracts
ISA Polymetallic Sulphides Exploration Regulations (2010): Regulation 2. Prospecting; Regulation 3. Notification of prospecting; Regulation 4. Consideration of notifications; Regulation 9. General Subject to the provisions of the Convention, the following may apply to the Authority for approval of plans of work for exploration:; Regulation 10. Form of applications; Regulation 11. Certificate of sponsorship; Regulation 12. Total area covered by the application; Regulation 13. Financial and technical capabilities; Regulation 14. Previous contracts with the Authority Where the applicant or, in the case of an application by a partnership or consortium of entities in a joint arrangement, any member of the partnership or consortium, has previously been awarded any contract with the Authority, the application shall include:; Regulation 15. Undertakings Each applicant, including the Enterprise, shall, as part of its application for approval of a plan of work for exploration, provide a written undertaking to the Authority that it will:; Regulation 16. Applicant’s election of a reserved area contribution or equity interest in a joint venture arrangement Each applicant shall, in the application, elect either to:; Regulation 17. Data and information to be submitted before the designation of a reserved area; Regulation 18. Applications for approval of plans of work with respect to a reserved area; Regulation 19. Equity interest in a joint venture arrangement; Regulation 20. Data and information to be submitted for approval of the plan of work for exploration; Regulation 23. Consideration by the Legal and Technical Commission; Section II. Information relating to the area under application; Section III. Financial and technical information; Section VI. Previous contracts
ISA Cobalt-rich Crusts Exploration Regulations (2012): Regulation 2. Prospecting; Regulation 3. Notification of prospecting; Regulation 4. Consideration of notifications; Regulation 9. General Subject to the provisions of the Convention, the following may apply to the Authority for approval of plans of work for exploration:; Regulation 10. Form of applications; Regulation 11. Certificate of sponsorship; Regulation 12. Total area covered by the application; Regulation 13. Financial and technical capabilities; Regulation 14. Previous contracts with the Authority Where the applicant or, in the case of an application by a partnership or consortium of entities in a joint arrangement, any member of the partnership or consortium, has previously been awarded any contract with the Authority, the application shall include:; Regulation 15. Undertakings Each applicant, including the Enterprise, shall, as part of its application for approval of a plan of work for exploration, provide a written undertaking to the Authority that it will:; Regulation 16. Applicant’s election of a reserved area contribution or equity interest in a joint venture arrangement Each applicant shall, in the application, elect either to:; Regulation 17. Data and information to be submitted before the designation of a reserved area; Regulation 18. Applications for approval of plans of work with respect to a reserved area; Regulation 19. Equity interest in a joint venture arrangement; Regulation 20. Data and information to be submitted for approval of the plan of work for exploration; Regulation 23. Consideration by the Legal and Technical Commission; Section II. Information relating to the area under application; Section III. Financial and technical information; Section VI. Previous contracts

benefit_sharing_and_financial_regime (65)

Equitable sharing of financial and other economic benefits; payments, contributions, royalties, financial terms of contracts.

US Deep Seabed Hard Mineral Resources Act (DSHMRA): Section 1413. License and permit applications, review, and certification.; Section 1414. License and permit fees.; Section 1423. Records, audits, and public disclosure.; Section 1427. Civil actions.
15 CFR 970 — DSM Exploration Licences (NOAA): Section 970.208. Fee.; Section 970.406. Fee payment. Before the Administrator may certify an application, he must find that the applicant has paid the license fee as specified in § 970.208.
15 CFR 971 — DSM Commercial Recovery Permits (NOAA): Section 971.208. Fee.; Section 971.214. Consolidated license and permit procedures.; Section 971.211. and determining in writing that:.; Section 971.301. Required findings. Before the Administrator may certify an application for a commercial recovery permit, the Administrator must:
2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): Paragraph 157
1994 Part XI Implementation Agreement: Article 10. Authentic texts
UNCLOS Part XI (The Area): Article 140. Benefit of mankind; Article 155. The Review Conference; Article 160. Powers and functions; Article 162. Powers and functions; Article 171. Funds of the Authority; Article 173. Expenses of the Authority
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 2. Principles, approaches and policies; Regulation 7. Form of applications and information to accompany a Plan of Work 1. Each application for approval of a Plan of Work shall be:; Regulation 10. Preliminary review of application by the Secretary-General 1. The Secretary-General shall preliminarily review an application for approval of a Plan of Work and determine whether the application contains all [the documents regarding] the information required by regulations 5 to 8 for further processing. 2. Where the Secretary-General determines that an application does not contain all the [documents regarding the] information required by regulations 5 to 8, the SecretaryGeneral shall, within 45 Days of receipt of the application, notify the Applicant, specifying the information which the Applicant must submit in order to complete the application. Further processing of an application will not begin until the Secretary General determines that the application is complete, which includes all required information having been submitted by the Applicant, including payment of the administrative fee specified in regulation 86. [2. bis Where the Secretary-General considers that an application contains [the documents regarding] the information required by regulations 5 to 8, it shall circulate to members of the Authority non-confidential information of a general nature regarding the application, and information enabling them to access a non -confidential version of the application.]; Regulation 12. Rules for considering applications 1. Subject to regulation 10 concerning preference and priority among Applicants, the Commission shall examine applications in the order in which they are received by the Secretary-General and shall assess applications in accordance with this regulation and against the criteria contained in regulation 13, in order to make a report and [submit appropriate] recommendations to the Council whether the Plan of Work under application should be approved, or disapproved, pursuant to regulation 15. [1. bis Subject to paragraph 1 ter., the Commission shall commence the consideration of an application at its next meeting after its receipt of the application provided that the notifications and information pursuant to regulation 11, paragraph 2 bis have been circulated at least 90 Days prior to the commencement of that meeting of the Commission. The Commission may extend consideration of the application to its next meeting if necessary.] [1. bis. Alt. The Commission shall commence its consideration of an application within 30 Days of its receipt of the application, including via virtual and intersessional meetings in addition to its regular meetings, if necessary.]; Regulation 13. Assessment of Applicants and application; Regulation 19. Joint arrangements; Regulation 20. Term and extension of Exploitation Contracts; Regulation 23. Transfer of rights and obligations under an Exploitation Contract; Regulation 38. Annual report; Regulation 61. [Implementation and Monitoring of the Final Closure Plan] 1. The purpose of Closure monitoring is [to]:; Regulation 62. Equality of treatment The Council shall, based on the recommendations of the Commission, apply the provisions of this Part on a transparent, uniform and non-discriminatory basis, and shall ensure equality of financial treatment and comparable financial obligations for Contractors. [Alt. The Council shall, [based on the recommendation of the Commission], apply the regulations of this Part with the purpose of achieving all objectives of the financial terms of the contract envisaged by the Convention. Particular attention shall be given to the objectives of ensuring the transfer of technology, training and scientific knowledge to developing States; providing incentives for Contractors to undertake joint arrangements with the Enterprise and developing States; and guaranteeing equality of financial treatment and comparable financial obligations for Contractors.]; Section 2. [Determination of Royalties and Payments under the Exploitation Contract]; Regulation 64. Royalty payment A Contractor, from the date of commencement of Commercial Production, shall pay a royalty in respect of the Mineral-bearing ore sold [,during the time of reduction, sold,] or removed without sale from the Contract Area as determined pursuant to paragraph 1 of Section 8 of the Annex to the Agreement in accordance with the applicable Standard. [This regulation is without prejudice to article 11, paragraph 3, of Annex III to the Convention.] Regulation 64bis Equalization measure [A Contractor, from the date that its Plan of Work has been approved, shall pay the equalization measure as determined in accordance with the applicable Standard governing the equalization measure [subject to article 10 of Annex IV to the Convention]. Regulation 64ter Environmental costs The financial terms of a contract shall reflect the environmental externalities of the Exploitation activities permitted under the contract and throughout the value chain. To this end, the Authority shall levy a further royalty reflecting environmental externalities in accordance with regulation 64quat. The further royalty shall complement the royalty provided for in regulation 64.] [Regulation 64 quat. Environmental costs royalties; Section 3. Royalty returns and payment of royalty; Regulation 66. Form of royalty returns A royalty return lodged with the Secretary-General shall be in the form prescribed by the applicable Standard and taking into account the Guidelines and signed by the Contractor’s designated official.; Regulation 67. Royalty return period A royalty return period for the purposes of this Part is a half-year return period, from:; Regulation 68. Lodging of royalty returns; Regulation 69. Error or mistake in royalty return A Contractor shall notify the Secretary-General promptly of any error in calculation or mistake of fact in connection with a royalty return or payment of a royalty. [Failure by a Contractor to notify the Secretary-General shall attract a penalty.]; Regulation 70. Payment of royalty shown by royalty return; Regulation 71. Information to be submitted; Regulation 72. [Authority may request additional information] [Request for Additional Information] The Secretary-General may, by notice to a Contractor who has lodged a royalty return, request the Contractor to provide, by the date stated in the notice, which shall be no later than 90 Days from the date of the notice, [additional] information to support the matters stated in the royalty return.; Regulation 73. Overpayment of royalty; Regulation 75. Audit by the Authority; Regulation 76. Assessment by the Authority; Regulation 77. General anti-avoidance rule; Regulation 79. Interest on unpaid royalty; Regulation 81. Review of System of Payments; Regulation 83 bis. Beneficial Ownership Registry; Section 1. Annual fees; Regulation 84. Annual reporting fee; Regulation 85. Annual fixed fee; Section 2. Fees other than annual fees; Regulation 86. Application fee for approval of a Plan of Work; Regulation 87. Other applicable fees A Contractor shall pay other prescribed fees in respect of any matter specified by the Council, based on the recommendations of the Finance Committee, in accordance with the applicable rules, regulations and procedures of the Authority.; Regulation 88. Review and payment; Regulation 22 and Instruments of Transfer or Assignment in accordance with regulation 23;; Regulation 107. Review of these Regulations [1. Five years following [Alt. 1 the approval of these Regulations by the Assembly] [Alt. 2 the signature of the first Exploitation Contract] [Alt. 3 the first date of commencement of Commercial Production], the Council shall undertake a comprehensive review of the manner in which these Regulations have operated in practice and may also reasonably undertake such a review at any time thereafter.] [1. Alt. The Council shall take a full review of these Regulations. This review shall, at least, include:; Section 3. Undertakings 3.1 The Authority undertakes to fulfil in good faith its powers and functions under the Convention and the Agreement in accordance with article 157 of the Convention. 3.2 The Contractor shall implement this Contract in good faith and shall in particular implement the Plan of Work in accordance with regulation 18bis. For the avoidance of doubt, the Plan of Work includes:; Section 9. Extension 9.1 20.] [Alt. 1 The Contractor may extent this Contract in accordance with regulation [Alt. 2 The Contractor may extent this Contract for periods not more than 10 years each, on the following conditions:; Section 13. Obligations on Termination of a Contract 13.1 In the event of termination of this Contract, the Contractor shall:; Annex XI to these Regulations.] “Pilot Mining”] [means an in situ operating of the integrated system of all equipment and all related process steps, including collector, raiser and release techniques, for exploitation activities in a Contract Area under appropriate technical, spatial and temporal conditions which provides evidence concerning, inter alia, environmental impact, commercial capacity, duration of operations to validate feasibility of future Commercial Production. “Plan of Work” means a Plan of Work for Exploitation in the Area, defined collectively as all and any plans or other documents setting out the activities for the conduct of the Exploitation, which form part of, or is proposed to be part of, an Exploitation Contract. “Preservation” means the maintenance of the environment, lands and natural resources without anthropogenic use beyond access. “Preservation Reference Zone” means a zone designated within the Contract Area in accordance with Annex X bis to these Regulations that has been identified as having similar ecological characteristics to an Impact Reference Zone, and within which no mining impacts are predicted to occur, which will be used to show a representative and stable ecosystem from the sea surface to the benthic subsurface layers, and can be used to form a comparison with an Impact Reference Zone. “Protection [of the Marine Environment]” means any action or activity designed to reduce or prevent pollution, negative environmental impacts or other damage to environment, land, ecosystems, natural resources, [traditional ownership or customary use of resources, human remains and Underwater Cultural Heritage, or intangible Underwater Cultural Heritage] by human activities, including to mitigate climate change, to reduce the risk of such damage, to protect and restore biodiversity or to lead to more efficient use of natural resources, including energy-saving measures and the use of renewable sources of energy and other techniques to reduce greenhouse gas emissions and other pollutants, as well as to shift to circular economy models to reduce the use of primary materials and increase efficiencies. It also covers actions that reinforce adaptive capacity and minimise vulnerability to climate impacts. “Regulations” means the regulations on exploitation of Mineral resources in the Area, adopted by the Authority. “Rehabilitation” means an occurrence of when an ecosystem recovers characteristics of its natural state, such as the presence of its original species, functions or services. “Regional Environmental Management Plan” means a proactive spatial management strategy that anticipates exploitation and that includes the designation of areas of Particular Environmental Interest. [Where the Regulations refer to the “applicable Regional Environmental Management Plan”, this shall be understood to mean the Regional Environmental Management Plan adopted by the Council for the particular area and type of resource concerned.] “Related Parties” or “Related Party” means parties that belong to the same corporate structure, such as a parent and subsidiary company, or sister companies which are both subsidiaries of the same parent company, and a state enterprise shall be considered a “Related Party” vis-à-vis its host State party or a Contractor sponsored by its host State party unless evidence is provided that any costs, prices and revenues have been charged or determined on an arm’s-length basis. “Reserved Area” means any part of the Area designated by the Authority as a reserved area in accordance with article 8 of Annex III to the Convention. “Resources” means all solid, liquid or gaseous mineral resources, Mineral-bearing ore, associated Minerals, or mixture thereof in situ in the Area at or beneath the seabed. “Restoration” means a return to pre-disturbance conditions. “Roster of Inspectors” means [to be inserted] “Rules of the Authority” means [the Convention, the Agreement,] these Regulations and other rules, regulations and procedures of the Authority, including Standards and Guidelines as may be adopted from time to time. “Scoping Report” means [to be inserted] “Seabed Mining Register” means the registry established and maintained by the Authority in accordance with regulation 92. [“Serious Harm to the Marine Environment”] means an Environmental Effect that, individually in combination or cumulatively meets any of the following criteria:
ISA Polymetallic Nodules Exploration Regulations (2013): Section 3. Fees; Regulation 19. Fee for applications
ISA Polymetallic Sulphides Exploration Regulations (2010): Section 3. Fees; Regulation 21. Fee for applications
ISA Cobalt-rich Crusts Exploration Regulations (2012): Section 3. Fees; Regulation 21. Fee for applications

production_policy_and_economic_effects (22)

Production policies, production authorizations/ceilings, commodity markets, and protection of affected (esp. developing) economies.

US Deep Seabed Hard Mineral Resources Act (DSHMRA): Section 1401. Congressional findings and declaration of purpose.; Section 1403. Definitions.
15 CFR 970 — DSM Exploration Licences (NOAA): Section 970.101. Definitions. For purposes of this part, the term:; Section 970.207. Antitrust information.
15 CFR 971 — DSM Commercial Recovery Permits (NOAA): Section 971.101. Definitions. For purposes of this part, the term; Section 971.204. Environmental and use conflict analysis.; Section 971.214. Consolidated license and permit procedures.; Section 971.600. General. The Act contains several provisions which relate to environmental protection. For example, section 105(a)(4) requires that, before the Administrator may issue a commercial recovery permit, he must find that the commercial recovery proposed in the application cannot reasonably be expected to result in a significant adverse environmental effect. In addition, each permit issued must contain TCRs which prescribe actions the permittee must take in the conduct of commercial recovery activities to assure protection of the environment (section 109(b)). The Act also provides for modification by the Administrator of any TCR if relevant data and information indicate that modification is required to protect the quality of the environment (section 105(c)(1)(B)). The Administrator also may order an immediate suspension or modification of activities (section 106(c)), or require use of best available technologies (section 109(b)), to prevent a significant adverse environmental effect. Furthermore, each permit issued under the Act must require the permittee to monitor the environmental effects of commercial recovery activities in accordance with guidelines issued by the Administrator, and to submit information the Administrator finds necessary and appropriate to assess environmental effects and to develop and evaluate possible methods of mitigating adverse effects (section 114).
1994 Part XI Implementation Agreement: Article 10. Authentic texts
UNCLOS Part XI (The Area): Article 150. Policies relating to activities in the Area; Article 151. Production policies; Article 160. Powers and functions; Article 162. Powers and functions; Article 164. The Economic Planning Commission; Article 165. The Legal and Technical Commission
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 13. Assessment of Applicants and application; Regulation 15. Commission’s recommendation for the approval or disapproval of a Plan of Work; Regulation 33. Preventing and responding to Incidents; Regulation 44 ter Environmental Goal and Objectives; Regulation 58. Review of a Plan of Work
ISA Polymetallic Nodules Exploration Regulations (2013): Regulation 1. Use of terms and scope
ISA Cobalt-rich Crusts Exploration Regulations (2012): Regulation 1. Use of terms and scope

marine_environmental_protection (95)

Protection and preservation of the marine environment from activities in the Area; the precautionary approach; best environmental practice.

US Deep Seabed Hard Mineral Resources Act (DSHMRA): Section 1401. Congressional findings and declaration of purpose.
15 CFR 970 — DSM Exploration Licences (NOAA): Section 970.700. General. Congress, in authorizing the exploration for hard mineral resources under the Act, also enacted provisions relating to the protection of the marine environment from the effects of exploration activities. For example, before the Administrator may issue a license, pursuant to section 105(a)(4) of the Act he must find that the exploration proposed in an application cannot reasonably be expected to result in a significant adverse effect on the quality of the environment. Also, the Act requires in section 109(b) that each license issued by the Administrator must contain such terms, conditions and restrictions which prescribe the actions the licensee must take in the conduct of exploration activities to assure protection of the environment. Furthermore, the Act in section 105(c)(1)(B) provides for the modification by the Administrator of any term, condition or restriction if relevant data and other information indicates that modification is required to protect the quality of the environment. In addition, section 114 of the Act specifies that each license issued under the Act must require the licensee to monitor the environmental effects of the exploration activities in accordance with guidelines issued by the Administrator, and to submit such information as the Administrator finds to be necessary and appropriate to assess environmental impacts and to develop and evaluate possible methods of mitigating adverse environmental effects.
2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): Paragraph 85; Paragraph 86; Paragraph 87; Paragraph 88; Paragraph 111; Paragraph 113; Paragraph 122; Paragraph 123; Paragraph 126; Paragraph 127; Paragraph 128; Paragraph 129; Paragraph 130; Paragraph 131; Paragraph 132; Paragraph 133; Paragraph 134; Paragraph 135; Paragraph 137; Paragraph 146; Paragraph 159; Paragraph 161; Paragraph 194; Paragraph 232; Paragraph 236; Paragraph 240; Paragraph 241; Paragraph 3; Paragraph 5
UNCLOS Part XI (The Area): Article 142. Rights and legitimate interests of coastal States; Article 145. Protection of the marine environment; Article 155. The Review Conference; Article 165. The Legal and Technical Commission
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: preamble/chapeau; Regulation 2. Principles, approaches and policies; Regulation 3. Duty to cooperate and exchange of information In matters relating to these Regulations:; Regulation 12. Rules for considering applications 1. Subject to regulation 10 concerning preference and priority among Applicants, the Commission shall examine applications in the order in which they are received by the Secretary-General and shall assess applications in accordance with this regulation and against the criteria contained in regulation 13, in order to make a report and [submit appropriate] recommendations to the Council whether the Plan of Work under application should be approved, or disapproved, pursuant to regulation 15. [1. bis Subject to paragraph 1 ter., the Commission shall commence the consideration of an application at its next meeting after its receipt of the application provided that the notifications and information pursuant to regulation 11, paragraph 2 bis have been circulated at least 90 Days prior to the commencement of that meeting of the Commission. The Commission may extend consideration of the application to its next meeting if necessary.] [1. bis. Alt. The Commission shall commence its consideration of an application within 30 Days of its receipt of the application, including via virtual and intersessional meetings in addition to its regular meetings, if necessary.]; Regulation 13. Assessment of Applicants and application; Regulation 18 bis. Obligations of the Contractors; Regulation 29 quin. Risk reduction principles; Regulation 30. Safety, labour and health standards 1. The Contractor shall ensure at all times that:; Regulation 31. Accommodation of activities in the Area and in the marine environment; Regulation 32. Emergency Response and Contingency Plans 1. A Contractor shall maintain:; Regulation 38. Annual report; Regulation 44. General Obligations; Regulation 44 ter Environmental Goal and Objectives; Regulation 45. Development of environmental Standards and Guidelines; Regulation 46. [The] Impact Assessment [Process]; Regulation 48. Environmental Impact Statement; Regulation 48 ter Pilot Mining; Regulation 49. Environmental Management and Monitoring; Regulation 50. Environmental Management and Monitoring Plan; Regulation 52. Performance assessments of the Environmental Management and Monitoring Plan; Regulation 53. Pollution control A Contractor shall take [all] necessary [and appropriate] measures to protect and preserve the Marine Environment, from harmful effects, in accordance with article 145 of the Convention, including by preventing, reducing and controlling pollution and other hazards, [including underwater noise, light, greenhouse gas emissions, and marine litter, directly or indirectly [resulting arising] from its activities in the Area. This is to be done [in accordance with the Standards], [pursuant to] [its Environmental Management and Monitoring Plan, and] all relevant rules, regulations and procedures of the Authority [and Contractors’ Environmental Management and Monitoring Plan] , [and taking into account] Regional Environmental Management Plans, and [the Guidelines].; Regulation 58. Review of a Plan of Work; Regulation 59. Closure Plan; Regulation 94. Adoption of Standards; Regulation 95 bis. Compliance Committee; Regulation 96 ter Request for inspection [in the event of [harmful effects]] to the Marine Environment] [1. In the event of harmful effects or risk of harmful effects to the Marine Environment, [any State or States] , which have [reasonable] grounds for believing [that] such harmful effects are caused by activities in the Area, shall notify the [Chief Inspector] / [Compliance Committee] [and the relevant Contractor] through the] Secretary-General in writing of the grounds upon which such belief is based and request an inspection. [The notification shall include all relevant evidence, and all documentation supporting the belief that the harmful effects are caused by activities in the Area.] [1. Alt. Where there are grounds for believing a Contractor does not comply with, or is at risk of non-compliance with, the rules, regulations and procedures of the Authority, and the terms of the Exploitation Contract as referred to in regulations 18bis and 98, any State may notify the Chief Inspector through the Secretary-General in writing of the grounds upon which such belief is based and request an inspection. The notification shall include all relevant evidence, and all documentation supporting the noncompliance.] [1. bis In reviewing a Contractor’s annual report, the Commission may inform the Compliance Committee of a possible non-compliance situation on the Contractor’s activities. The Compliance Committee shall consider such situation and may recommend, if necessary, to the Council for initiating an inspection. ] [1. ter Anyone who has reasonable grounds for suspecting that a Contractor has violated the Convention, these Regulations, Exploitation Contracts, or caused harmful effects to the Marine Environment, may request the Compliance Committee through the Secretary-General for inspection in writing.]; Regulation 98. Inspectors’ powers; Regulation 99. Inspectors’ power to issue instructions [1. If, as a result of an inspection, an Inspector has reasonable grounds to determine that any occurrence, practice or condition endangers or may endanger the health or safety of any person or poses a [threat]/[risk] of harmful effects to the Marine Environment or to human remains and [Alt. 1 objects and sites of an archaeological or historical nature] [Alt. 2 Underwater Cultural Heritage] [or any venerated sites], the Inspector shall give a written instruction, which shall have immediate effect, of a temporary nature considered reasonably necessary to remedy the situation, in accordance with [regulation 35 and] any applicable Standards, including:; Annex III bis. Scoping Report A Scoping Report shall include the following:; Annex IV. Environmental Impact Statement; Annex V. Emergency Response and Contingency Plan An Emergency Response and Contingency Plan must:; Annex VII. Environmental Management and Monitoring Plan; Section 3. Undertakings 3.1 The Authority undertakes to fulfil in good faith its powers and functions under the Convention and the Agreement in accordance with article 157 of the Convention. 3.2 The Contractor shall implement this Contract in good faith and shall in particular implement the Plan of Work in accordance with regulation 18bis. For the avoidance of doubt, the Plan of Work includes:; Section 9. Extension 9.1 20.] [Alt. 1 The Contractor may extent this Contract in accordance with regulation [Alt. 2 The Contractor may extent this Contract for periods not more than 10 years each, on the following conditions:; Annex XI. Parent Company Liability Statement THIS “STATEMENT” made the ... day of ... by A. [insert name of Managing Company], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Managing Company]; and B. [insert name of Contractor], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Contractor]; an d irrevocably and unconditionally DECLARE and REPRESENT that: Obligations of [Managing Company] 1. [Managing Company] is jointly and severally liable for any debts and liabilities of [Contractor] arising in relation to:; Annex XI to these Regulations.] “Pilot Mining”] [means an in situ operating of the integrated system of all equipment and all related process steps, including collector, raiser and release techniques, for exploitation activities in a Contract Area under appropriate technical, spatial and temporal conditions which provides evidence concerning, inter alia, environmental impact, commercial capacity, duration of operations to validate feasibility of future Commercial Production. “Plan of Work” means a Plan of Work for Exploitation in the Area, defined collectively as all and any plans or other documents setting out the activities for the conduct of the Exploitation, which form part of, or is proposed to be part of, an Exploitation Contract. “Preservation” means the maintenance of the environment, lands and natural resources without anthropogenic use beyond access. “Preservation Reference Zone” means a zone designated within the Contract Area in accordance with Annex X bis to these Regulations that has been identified as having similar ecological characteristics to an Impact Reference Zone, and within which no mining impacts are predicted to occur, which will be used to show a representative and stable ecosystem from the sea surface to the benthic subsurface layers, and can be used to form a comparison with an Impact Reference Zone. “Protection [of the Marine Environment]” means any action or activity designed to reduce or prevent pollution, negative environmental impacts or other damage to environment, land, ecosystems, natural resources, [traditional ownership or customary use of resources, human remains and Underwater Cultural Heritage, or intangible Underwater Cultural Heritage] by human activities, including to mitigate climate change, to reduce the risk of such damage, to protect and restore biodiversity or to lead to more efficient use of natural resources, including energy-saving measures and the use of renewable sources of energy and other techniques to reduce greenhouse gas emissions and other pollutants, as well as to shift to circular economy models to reduce the use of primary materials and increase efficiencies. It also covers actions that reinforce adaptive capacity and minimise vulnerability to climate impacts. “Regulations” means the regulations on exploitation of Mineral resources in the Area, adopted by the Authority. “Rehabilitation” means an occurrence of when an ecosystem recovers characteristics of its natural state, such as the presence of its original species, functions or services. “Regional Environmental Management Plan” means a proactive spatial management strategy that anticipates exploitation and that includes the designation of areas of Particular Environmental Interest. [Where the Regulations refer to the “applicable Regional Environmental Management Plan”, this shall be understood to mean the Regional Environmental Management Plan adopted by the Council for the particular area and type of resource concerned.] “Related Parties” or “Related Party” means parties that belong to the same corporate structure, such as a parent and subsidiary company, or sister companies which are both subsidiaries of the same parent company, and a state enterprise shall be considered a “Related Party” vis-à-vis its host State party or a Contractor sponsored by its host State party unless evidence is provided that any costs, prices and revenues have been charged or determined on an arm’s-length basis. “Reserved Area” means any part of the Area designated by the Authority as a reserved area in accordance with article 8 of Annex III to the Convention. “Resources” means all solid, liquid or gaseous mineral resources, Mineral-bearing ore, associated Minerals, or mixture thereof in situ in the Area at or beneath the seabed. “Restoration” means a return to pre-disturbance conditions. “Roster of Inspectors” means [to be inserted] “Rules of the Authority” means [the Convention, the Agreement,] these Regulations and other rules, regulations and procedures of the Authority, including Standards and Guidelines as may be adopted from time to time. “Scoping Report” means [to be inserted] “Seabed Mining Register” means the registry established and maintained by the Authority in accordance with regulation 92. [“Serious Harm to the Marine Environment”] means an Environmental Effect that, individually in combination or cumulatively meets any of the following criteria:
ISA Polymetallic Nodules Exploration Regulations (2013): Regulation 2. Prospecting; Regulation 5. Protection and preservation of the marine environment during prospecting; Regulation 18. Data and information to be submitted for approval of the plan of work for exploration Each applicant shall submit, with a view to receiving approval of the plan of work for exploration in the form of a contract, the following information:; Regulation 31. Protection and preservation of the marine environment; Regulation 32. Environmental baselines and monitoring; Regulation 34. Rights of coastal States; Section IV. The plan of work for exploration; Section 5. Environmental monitoring 5.1 The Contractor shall take necessary measures to prevent, reduce and control pollution and other hazards to the marine environment arising from its activities in the Area as far as reasonably possible applying a precautionary approach and best environmental practices. 5.2 Prior to the commencement of exploration activities, the Contractor shall submit to the Authority:
ISA Polymetallic Sulphides Exploration Regulations (2010): Regulation 2. Prospecting; Regulation 5. Protection and preservation of the marine environment during prospecting; Regulation 20. Data and information to be submitted for approval of the plan of work for exploration; Regulation 33. Protection and preservation of the marine environment; Regulation 34. Environmental baselines and monitoring; Regulation 36. Rights of coastal States; Section IV. The plan of work for exploration; Section 5. Environmental monitoring 5.1 The Contractor shall take necessary measures to prevent, reduce and control pollution and other hazards to the marine environment arising from its activities in the Area as far as reasonably possible applying a precautionary approach and best environmental practices. 5.2 Prior to the commencement of exploration activities, the Contractor shall submit to the Authority:
ISA Cobalt-rich Crusts Exploration Regulations (2012): Regulation 2. Prospecting; Regulation 5. Protection and preservation of the marine environment during prospecting; Regulation 20. Data and information to be submitted for approval of the plan of work for exploration; Regulation 33. Protection and preservation of the marine environment; Regulation 34. Environmental baselines and monitoring; Regulation 36. Rights of coastal States; Section IV. The plan of work for exploration; Section 5. Environmental monitoring 5.1 The Contractor shall take necessary measures to prevent, reduce and control pollution and other hazards to the marine environment arising from its activities in the Area as far as reasonably possible applying a precautionary approach and best environmental practices. 5.2 Prior to the commencement of exploration activities, the Contractor shall submit to the Authority:

environmental_assessment_and_monitoring (161)

Environmental impact assessment, monitoring programmes, and environmental management/regional plans.

US Deep Seabed Hard Mineral Resources Act (DSHMRA): Section 1401. Congressional findings and declaration of purpose.; Section 1413. License and permit applications, review, and certification.; Section 1415. License and permit terms, conditions, and restrictions; issuance and transfer of licenses and permits.; Section 1419. Protection of the environment.; Section 1424. Monitoring of activities of licensees and permittees.; Section 1428. Reciprocating states.; Section 1442. Effect of international agreement.; Section 1461. Prohibited acts.; Section 1462. Civil penalties.
15 CFR 970 — DSM Exploration Licences (NOAA): Section 970.100. Purpose.; Section 970.202. Statement of technological experience and capabilities.; Section 970.203. Exploration plan.; Section 970.204. Environmental and use conflict analysis.; Section 970.522. Monitoring requirements. Each exploration license must require the licensee:; Section 970.602. Diligent exploration.; Section 970.700. General. Congress, in authorizing the exploration for hard mineral resources under the Act, also enacted provisions relating to the protection of the marine environment from the effects of exploration activities. For example, before the Administrator may issue a license, pursuant to section 105(a)(4) of the Act he must find that the exploration proposed in an application cannot reasonably be expected to result in a significant adverse effect on the quality of the environment. Also, the Act requires in section 109(b) that each license issued by the Administrator must contain such terms, conditions and restrictions which prescribe the actions the licensee must take in the conduct of exploration activities to assure protection of the environment. Furthermore, the Act in section 105(c)(1)(B) provides for the modification by the Administrator of any term, condition or restriction if relevant data and other information indicates that modification is required to protect the quality of the environment. In addition, section 114 of the Act specifies that each license issued under the Act must require the licensee to monitor the environmental effects of the exploration activities in accordance with guidelines issued by the Administrator, and to submit such information as the Administrator finds to be necessary and appropriate to assess environmental impacts and to develop and evaluate possible methods of mitigating adverse environmental effects.; Section 970.701. Significant adverse environmental effects.; Section 970.702. Monitoring and mitigation of environmental effects.
15 CFR 971 — DSM Commercial Recovery Permits (NOAA): Section 971.202. Statement of technological experience and capabilities.; Section 971.203. Commercial recovery plan.; Section 971.204. Environmental and use conflict analysis.; Section 971.212. Public notice, hearing and comment.; Section 971.214. Consolidated license and permit procedures.; Section 971.406. Environmental effects. Before issuing or transferring a commercial recovery permit, the Administrator must find that the commercial recovery proposed in the application cannot reasonably be expected to result in a significant adverse environmental effect, taking into account the analyses and information in any applicable EIS and any TCRs associated with the permit. This finding also will be based upon the requirements in subpart F. However, as also noted in subpart F, if a determination on this question cannot be made on the basis of available information, and it is found that irreparable harm will not occur during a period when an approved monitoring program is undertaken to further examine the significant adverse environmental effect issue, a permit may be granted, subject to modification or suspension and, if necessary and appropriate, revocation pursuant to § 971.417(a), or subject to emergency suspension pursuant to; Section 971.424. Monitoring requirements. Each commercial recovery permit will require the permittee:; Section 971.500. General. Several provisions in the Act relate to appropriate mining techniques or mining efficiency. These raise what could be characterized as resource development issues. In particular, section 103(a)(2)(C) requires a resource assessment to be provided with the recovery plan. Section 103(a)(2)(D) of the Act provides that the applicant will select the size and location of the area of a recovery plan, which will be approved unless the Administrator finds that the area is not a “logical mining unit” or the commercial recovery activities in the proposed site would result in a significant adverse environmental effect which cannot be avoided by the imposition of reasonable restrictions. Also, pursuant to section 108 of the Act, the applicant's recovery plan and the TCRs of each permit must be designed to ensure diligent development. In addition, for the purpose of conservation of natural resources, section 110 of the Act provides that each permit is to contain, as needed, terms, conditions, and restrictions which have due regard for the prevention of waste and the future opportunity for the commercial recovery of the unrecovered balance of the resources.; Section 971.501. Resource assessment, recovery plan, and logical mining unit.; Section 971.503. Diligent commercial recovery.; Section 971.600. General. The Act contains several provisions which relate to environmental protection. For example, section 105(a)(4) requires that, before the Administrator may issue a commercial recovery permit, he must find that the commercial recovery proposed in the application cannot reasonably be expected to result in a significant adverse environmental effect. In addition, each permit issued must contain TCRs which prescribe actions the permittee must take in the conduct of commercial recovery activities to assure protection of the environment (section 109(b)). The Act also provides for modification by the Administrator of any TCR if relevant data and information indicate that modification is required to protect the quality of the environment (section 105(c)(1)(B)). The Administrator also may order an immediate suspension or modification of activities (section 106(c)), or require use of best available technologies (section 109(b)), to prevent a significant adverse environmental effect. Furthermore, each permit issued under the Act must require the permittee to monitor the environmental effects of commercial recovery activities in accordance with guidelines issued by the Administrator, and to submit information the Administrator finds necessary and appropriate to assess environmental effects and to develop and evaluate possible methods of mitigating adverse effects (section 114).; Section 971.601. Environmental requirements. Before issuing a permit for the commercial recovery of deep seabed hard mineral resources, the Administrator must find that:; Section 971.602. Significant adverse environmental effects.; Section 971.603. At-sea monitoring.; Section 971.604. Best available technologies (BAT) and mitigation.; Section 971.606. Onshore information.; Section 971.801. Records to be maintained and information to be submitted by licensees and. permittees. (a); Section 971.1000. General.; Section 971.1001. Assessment procedure.; Section 971.1005. Observers.
2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): Paragraph 15; Paragraph 115; Paragraph 122; Paragraph 140; Paragraph 142; Paragraph 143; Paragraph 144; Paragraph 145; Paragraph 146; Paragraph 147; Paragraph 148; Paragraph 149; Paragraph 150; Paragraph 236; Paragraph 3
1994 Part XI Implementation Agreement: Article 10. Authentic texts
UNCLOS Part XI (The Area): Article 160. Powers and functions; Article 165. The Legal and Technical Commission
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 1. Use of terms, [phrases] and scope 1. Terms used in the Convention shall have the same meaning in these Regulations.; Regulation 3. Duty to cooperate and exchange of information In matters relating to these Regulations:; Regulation 5. Qualified Applicants; Regulation 7. Form of applications and information to accompany a Plan of Work 1. Each application for approval of a Plan of Work shall be:; Regulation 8. Area covered by an application; Regulation 11. Publication, notification, and review of the Application 1. The Secretary-General shall, within 7 Days after determining that an application for the approval of a Plan of Work is ready to progress pursuant to regulation 10, [taking into account the confidentiality of the data, place the Environmental Plans and all non confidential parts of Test Mining Report, if applicable submitted, including any supporting material on the Authority’s website for a period of consideration of an application by the Authority, and]consult with all States and Stakeholders in accordance with regulation 93ter on the application[, Environmental Plans and the non-confidential parts of all other documents accompanying the application pursuant to regulation 7]. 2. The Applicant shall consider the comments provided pursuant to paragraph 1 when fulfilling the requirement at regulation 93ter, paragraph 9. The Applicant shall submit any revised documentation and the written response to consultation as required by regulation 93ter, paragraph 9 to the Secretary-General [Alt. 1 within a period of 60 Days following the close of the comment period or such longer period as determined by the Secretary-General following a request by the Applicant. The Secretary-General may extend this time period [for a further 30 Days], upon a reasonable request by the Applicant to revise the plans or responses. Notice of the extension of the period shall be posted on the Authority’s website] [Alt. 2 in a timely manner].; Regulation 12. Rules for considering applications 1. Subject to regulation 10 concerning preference and priority among Applicants, the Commission shall examine applications in the order in which they are received by the Secretary-General and shall assess applications in accordance with this regulation and against the criteria contained in regulation 13, in order to make a report and [submit appropriate] recommendations to the Council whether the Plan of Work under application should be approved, or disapproved, pursuant to regulation 15. [1. bis Subject to paragraph 1 ter., the Commission shall commence the consideration of an application at its next meeting after its receipt of the application provided that the notifications and information pursuant to regulation 11, paragraph 2 bis have been circulated at least 90 Days prior to the commencement of that meeting of the Commission. The Commission may extend consideration of the application to its next meeting if necessary.] [1. bis. Alt. The Commission shall commence its consideration of an application within 30 Days of its receipt of the application, including via virtual and intersessional meetings in addition to its regular meetings, if necessary.]; Regulation 13. Assessment of Applicants and application; Regulation 14. Amendments to the proposed Plan of Work; Regulation 15. Commission’s recommendation for the approval or disapproval of a Plan of Work; Regulation 18. Rights and exclusivity under an Exploitation Contract; Regulation 18 bis. Obligations of the Contractors; Regulation 20. Term and extension of Exploitation Contracts; Regulation 26. Alt. 1 Environmental Performance Guarantee/Alt. 2 Decommissioning and Emergency Response Guarantee/Alt. 3 Closure Guarantee; Regulation 29 bis. Procedure for suspension or reduction in Exploitation activities; Section 3. Monitoring; Regulation 29 quat. Ship notification, electronic monitoring and data reporting; Regulation 29 quin. Risk reduction principles; Regulation 30 bis. Human health and safety management system; Regulation 38. Annual report; Regulation 44. General Obligations; Regulation 44 bis. Regional Environmental Management Plans [1. The Council may request the Commission to prepare a Regional Environmental Management Plan for the regional areas where activities in the Area are likely to take place, for consideration and adoption by the Council.]; Regulation 44 ter Environmental Goal and Objectives; Section 2. The Environmental Impact Assessment Process; Regulation 46. [The] Impact Assessment [Process]; Regulation 47. Environmental Impact Assessment; Regulation 47 bis. Scoping; Regulation 48. Environmental Impact Statement; Regulation 48 bis. [New Environmental Impact Assessment and Revised Environmental Impact Statement [or Revision of Environmental Plans]] / [Revision for change or new or increased effect or risk]; Regulation 48 ter Pilot Mining; Section 3. Environmental Management and Monitoring; Regulation 49. Environmental Management and Monitoring; Regulation 50. Environmental Management and Monitoring Plan; Regulation 50 bis. Reporting on Environmental Monitoring and Management; Regulation 50 ter Environmental Management System; Regulation 51. Compliance with the Environmental Management and Monitoring Plan; Regulation 52. Performance assessments of the Environmental Management and Monitoring Plan; Regulation 53. Pollution control A Contractor shall take [all] necessary [and appropriate] measures to protect and preserve the Marine Environment, from harmful effects, in accordance with article 145 of the Convention, including by preventing, reducing and controlling pollution and other hazards, [including underwater noise, light, greenhouse gas emissions, and marine litter, directly or indirectly [resulting arising] from its activities in the Area. This is to be done [in accordance with the Standards], [pursuant to] [its Environmental Management and Monitoring Plan, and] all relevant rules, regulations and procedures of the Authority [and Contractors’ Environmental Management and Monitoring Plan] , [and taking into account] Regional Environmental Management Plans, and [the Guidelines].; Regulation 53 bis. Mining Discharges; Regulation 57. Modification of a Plan of Work by a Contractor; Regulation 58. Review of a Plan of Work; Regulation 59. Closure Plan; Regulation 60. Final Closure Plan: Cessation of [Commercial] Production; Regulation 61. [Implementation and Monitoring of the Final Closure Plan] 1. The purpose of Closure monitoring is [to]:; Regulation 74. Proper books and records to be kept; Regulation 76. Assessment by the Authority; Regulation 81. Review of System of Payments; Regulation 89. Confidentiality of information; Regulation 92 bis. Publication of environmental data and information The Secretary General shall annually publish all environmental data and information relating to a Contract Area [including]/[as well as] environmental data and information obtained [adjacent to] the Contract Area], but in connection with the activities in the Contract Area [and]/[or] as part of the Regional Environmental Management Plan] whether received before, during or after application for a Plan of Work, or during the term of the Exploitation Contract. The data and information, including any revisions to that data or information, on a central data repository that is publicly available via the Authority’s website [as soon as practicable]/[according to the timeline proposed in the applicable standard], and in accordance with the Rules, regulations and Procedures of the Authority, applicable Standards and taking into account the Guidelines. Any new environmental data and information shall be published on the central data repository at regular intervals defined in the applicable Standard. Alt. The Secretary General shall ensure that all environmental data and information outside the Contract Area, but in connection with the activities within the Contract Area, are published on a central data repository that is publicly accessible via the Autho rity’s website. This shall include environmental data and information collected before, during, and after the submission of a Plan of Work during the term of the Exploitation Contract and throughout the post closure monitoring period. New or revised enviro nmental data or information shall be published within 30 Days of their receipt by the Authority or in accordance with defined intervals set out in the applicable standard and taking account into the Guidelines. Publications shall be carried out in accordance with the rules, regulations and procedures of the Authority and relevant data transparency requirements.; Regulation 93. Notice and general procedures 1. [This regulation shall apply to all Communications by and with the Authority].; Regulation 94. Adoption of Standards; Regulation 96 bis. Inspections; Regulation 96 ter Request for inspection [in the event of [harmful effects]] to the Marine Environment] [1. In the event of harmful effects or risk of harmful effects to the Marine Environment, [any State or States] , which have [reasonable] grounds for believing [that] such harmful effects are caused by activities in the Area, shall notify the [Chief Inspector] / [Compliance Committee] [and the relevant Contractor] through the] Secretary-General in writing of the grounds upon which such belief is based and request an inspection. [The notification shall include all relevant evidence, and all documentation supporting the belief that the harmful effects are caused by activities in the Area.] [1. Alt. Where there are grounds for believing a Contractor does not comply with, or is at risk of non-compliance with, the rules, regulations and procedures of the Authority, and the terms of the Exploitation Contract as referred to in regulations 18bis and 98, any State may notify the Chief Inspector through the Secretary-General in writing of the grounds upon which such belief is based and request an inspection. The notification shall include all relevant evidence, and all documentation supporting the noncompliance.] [1. bis In reviewing a Contractor’s annual report, the Commission may inform the Compliance Committee of a possible non-compliance situation on the Contractor’s activities. The Compliance Committee shall consider such situation and may recommend, if necessary, to the Council for initiating an inspection. ] [1. ter Anyone who has reasonable grounds for suspecting that a Contractor has violated the Convention, these Regulations, Exploitation Contracts, or caused harmful effects to the Marine Environment, may request the Compliance Committee through the Secretary-General for inspection in writing.]; Regulation 97 bis. [Inspectors’ Functions and Responsibilities] 1. Inspectors shall:; Regulation 98. Inspectors’ powers; Regulation 99. Inspectors’ power to issue instructions [1. If, as a result of an inspection, an Inspector has reasonable grounds to determine that any occurrence, practice or condition endangers or may endanger the health or safety of any person or poses a [threat]/[risk] of harmful effects to the Marine Environment or to human remains and [Alt. 1 objects and sites of an archaeological or historical nature] [Alt. 2 Underwater Cultural Heritage] [or any venerated sites], the Inspector shall give a written instruction, which shall have immediate effect, of a temporary nature considered reasonably necessary to remedy the situation, in accordance with [regulation 35 and] any applicable Standards, including:; Regulation 103. Compliance and enforcement measures by the Compliance Committee; Annex II. Mining Workplan A Mining Workplan, based on the results of Exploration (at least equivalent to the data and information to be provided pursuant to section 11.2 of the standard clauses for Exploration Contracts), should cover the following subject matters:; Annex III. Financing Plan A Financing Plan should include [supported by written [evidence]:; Annex III bis. Scoping Report A Scoping Report shall include the following:; Annex IV. Environmental Impact Statement; Annex V. Emergency Response and Contingency Plan An Emergency Response and Contingency Plan must:; Annex VI. Health and Safety Plan and Maritime Security Plan Note: several important provisions of this Annex have currently been placed in the Suspense document and will be incorporated into Standards and Guidelines at a later stage. A Health and Safety Plan 1. The Health and Safety Plan prepared under these Regulations and this Annex must:; Annex VII. Environmental Management and Monitoring Plan; Annex VIII. Closure Plan; Annex IX. Exploitation Contract and schedules THIS CONTRACT made the … day of … between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and … represented by … (hereinafter referred to as “the Contractor”) WITNESSETH as follows: A. Incorporation of clauses The standard clauses set out in Annex X to the Regulations on exploitation of Resources in the Area shall be incorporated herein and shall have effect as if herein set out at length. B. Contract Area For the purposes of this Contract, the “Contract Area” means that part of the Area allocated to the Contractor for Exploitation, defined by the coordinates listed in schedule 1 hereto. C. Grant of rights In consideration of (a) their mutual interest in the conduct of Exploitation in the Contract Area pursuant to the United Nations Convention on the Law of the Sea of 10 December 1982 and the Agreement relating to the Implementation of Part XI of the Convention, (b) the rights and responsibility of the Authority to organize and control activities in the Area, particularly with a view to administering the Resources of the Area, in accordance with the legal regime established in Part XI of the Convention and the Agreement and Part XII of the Convention, respectively, and (c) the interest and financial commitment of the Contractor in conducting activities in the Contract Area and the mutual covenants made herein, the Authority hereby grants to the Contractor the exclusive right to Explore for and Exploit [specified Resource category] in the Contract Area in accordance with the terms and conditions of this Contract. D. Entry into force and Contract term This Contract shall enter into force on signature by both parties and, subject to the standard clauses, shall remain in force for an initial period of [x] years thereafter unless the Contract is sooner terminated, provided that this Contract may be renewed in accordance with the Regulations. E. Entire agreement This Contract expresses the entire agreement between the parties, and no oral understanding or prior writing shall modify the terms hereof. F. Languages This Contract will be provided and executed in the [ … and] English language[s] [and both texts are valid]. IN WITNESS WHEREOF the undersigned, being duly authorized thereto by the respective parties, have signed this Contract at …, this … day of …. The Schedules to the Exploitation Contract; Section 3. Undertakings 3.1 The Authority undertakes to fulfil in good faith its powers and functions under the Convention and the Agreement in accordance with article 157 of the Convention. 3.2 The Contractor shall implement this Contract in good faith and shall in particular implement the Plan of Work in accordance with regulation 18bis. For the avoidance of doubt, the Plan of Work includes:; Section 10. Renunciation of rights 10.1 The Contractor, by prior written notice to the Authority, may renounce without penalty the whole or part of its rights in the Contract Area, provided that the Contractor shall remain liable for all obligations and liabilities accrued prior to the date of s uch renunciation in respect of the whole or part of the Contract Area renounced. Such obligations shall include, inter alia, the payment of any sums outstanding to the Authority, and obligations under the Environmental Management and Monitoring Plan and Closure Plan.; Section 13. Obligations on Termination of a Contract 13.1 In the event of termination of this Contract, the Contractor shall:; Annex X bis. Design Criteria for Impact Reference Zones and Preservation Reference Zones Applicants must establish suitable and effective Impact Reference Zones and Preservation Reference Zones in order to monitor the Environmental Impacts of their activities. The following parameters shall apply in the designation of Impact Reference Zones and Preservation Reference Zones. 1. Impact Reference Zones and Preservation Reference Zones must be situated within the Contract Area (and the Contract Area may need to be selected around the need for appropriate Impact Reference Zones and Preservation Reference Zones, especially where multiple or large reference zones are required); Annex XI. Parent Company Liability Statement THIS “STATEMENT” made the ... day of ... by A. [insert name of Managing Company], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Managing Company]; and B. [insert name of Contractor], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Contractor]; an d irrevocably and unconditionally DECLARE and REPRESENT that: Obligations of [Managing Company] 1. [Managing Company] is jointly and severally liable for any debts and liabilities of [Contractor] arising in relation to:; Annex XI to these Regulations.] “Pilot Mining”] [means an in situ operating of the integrated system of all equipment and all related process steps, including collector, raiser and release techniques, for exploitation activities in a Contract Area under appropriate technical, spatial and temporal conditions which provides evidence concerning, inter alia, environmental impact, commercial capacity, duration of operations to validate feasibility of future Commercial Production. “Plan of Work” means a Plan of Work for Exploitation in the Area, defined collectively as all and any plans or other documents setting out the activities for the conduct of the Exploitation, which form part of, or is proposed to be part of, an Exploitation Contract. “Preservation” means the maintenance of the environment, lands and natural resources without anthropogenic use beyond access. “Preservation Reference Zone” means a zone designated within the Contract Area in accordance with Annex X bis to these Regulations that has been identified as having similar ecological characteristics to an Impact Reference Zone, and within which no mining impacts are predicted to occur, which will be used to show a representative and stable ecosystem from the sea surface to the benthic subsurface layers, and can be used to form a comparison with an Impact Reference Zone. “Protection [of the Marine Environment]” means any action or activity designed to reduce or prevent pollution, negative environmental impacts or other damage to environment, land, ecosystems, natural resources, [traditional ownership or customary use of resources, human remains and Underwater Cultural Heritage, or intangible Underwater Cultural Heritage] by human activities, including to mitigate climate change, to reduce the risk of such damage, to protect and restore biodiversity or to lead to more efficient use of natural resources, including energy-saving measures and the use of renewable sources of energy and other techniques to reduce greenhouse gas emissions and other pollutants, as well as to shift to circular economy models to reduce the use of primary materials and increase efficiencies. It also covers actions that reinforce adaptive capacity and minimise vulnerability to climate impacts. “Regulations” means the regulations on exploitation of Mineral resources in the Area, adopted by the Authority. “Rehabilitation” means an occurrence of when an ecosystem recovers characteristics of its natural state, such as the presence of its original species, functions or services. “Regional Environmental Management Plan” means a proactive spatial management strategy that anticipates exploitation and that includes the designation of areas of Particular Environmental Interest. [Where the Regulations refer to the “applicable Regional Environmental Management Plan”, this shall be understood to mean the Regional Environmental Management Plan adopted by the Council for the particular area and type of resource concerned.] “Related Parties” or “Related Party” means parties that belong to the same corporate structure, such as a parent and subsidiary company, or sister companies which are both subsidiaries of the same parent company, and a state enterprise shall be considered a “Related Party” vis-à-vis its host State party or a Contractor sponsored by its host State party unless evidence is provided that any costs, prices and revenues have been charged or determined on an arm’s-length basis. “Reserved Area” means any part of the Area designated by the Authority as a reserved area in accordance with article 8 of Annex III to the Convention. “Resources” means all solid, liquid or gaseous mineral resources, Mineral-bearing ore, associated Minerals, or mixture thereof in situ in the Area at or beneath the seabed. “Restoration” means a return to pre-disturbance conditions. “Roster of Inspectors” means [to be inserted] “Rules of the Authority” means [the Convention, the Agreement,] these Regulations and other rules, regulations and procedures of the Authority, including Standards and Guidelines as may be adopted from time to time. “Scoping Report” means [to be inserted] “Seabed Mining Register” means the registry established and maintained by the Authority in accordance with regulation 92. [“Serious Harm to the Marine Environment”] means an Environmental Effect that, individually in combination or cumulatively meets any of the following criteria:
ISA Polymetallic Nodules Exploration Regulations (2013): Regulation 5. Protection and preservation of the marine environment during prospecting; Regulation 7. Confidentiality of data and information from prospecting contained in the annual report; Regulation 18. Data and information to be submitted for approval of the plan of work for exploration Each applicant shall submit, with a view to receiving approval of the plan of work for exploration in the form of a contract, the following information:; Regulation 31. Protection and preservation of the marine environment; Regulation 32. Environmental baselines and monitoring; Regulation 33. Emergency orders; Section IV. The plan of work for exploration; Section 5. Environmental monitoring 5.1 The Contractor shall take necessary measures to prevent, reduce and control pollution and other hazards to the marine environment arising from its activities in the Area as far as reasonably possible applying a precautionary approach and best environmental practices. 5.2 Prior to the commencement of exploration activities, the Contractor shall submit to the Authority:; Section 6. Contingency plans and emergencies 6.1 The Contractor shall, prior to the commencement of its programme of activities under this contract, submit to the Secretary-General a contingency plan to respond effectively to incidents that are likely to cause serious harm or a threat of serious harm to the marine environment arising from the Contractor’s activities at sea in the exploration area. Such contingency plan shall establish special procedures and provide for adequate and appropriate equipment to deal with such incidents and, in particular, shall include arrangements for:; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:
ISA Polymetallic Sulphides Exploration Regulations (2010): Regulation 5. Protection and preservation of the marine environment during prospecting; Regulation 7. Confidentiality of data and information from prospecting contained in the annual report; Regulation 20. Data and information to be submitted for approval of the plan of work for exploration; Regulation 33. Protection and preservation of the marine environment; Regulation 34. Environmental baselines and monitoring; Regulation 35. Emergency orders; Section IV. The plan of work for exploration; Section 5. Environmental monitoring 5.1 The Contractor shall take necessary measures to prevent, reduce and control pollution and other hazards to the marine environment arising from its activities in the Area as far as reasonably possible applying a precautionary approach and best environmental practices. 5.2 Prior to the commencement of exploration activities, the Contractor shall submit to the Authority:; Section 6. Contingency plans and emergencies 6.1 The Contractor shall, prior to the commencement of its programme of activities under this contract, submit to the Secretary-General a contingency plan to respond effectively to incidents that are likely to cause serious harm or a threat of serious harm to the marine environment arising from the Contractor’s activities at sea in the exploration area. Such contingency plan shall establish special procedures and provide for adequate and appropriate equipment to deal with such incidents and, in particular, shall include arrangements for:; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:
ISA Cobalt-rich Crusts Exploration Regulations (2012): Regulation 5. Protection and preservation of the marine environment during prospecting; Regulation 7. Confidentiality of data and information from prospecting contained in the annual report; Regulation 20. Data and information to be submitted for approval of the plan of work for exploration; Regulation 33. Protection and preservation of the marine environment; Regulation 34. Environmental baselines and monitoring; Regulation 35. Emergency orders; Section IV. The plan of work for exploration; Section 5. Environmental monitoring 5.1 The Contractor shall take necessary measures to prevent, reduce and control pollution and other hazards to the marine environment arising from its activities in the Area as far as reasonably possible applying a precautionary approach and best environmental practices. 5.2 Prior to the commencement of exploration activities, the Contractor shall submit to the Authority:; Section 6. Contingency plans and emergencies 6.1 The Contractor shall, prior to the commencement of its programme of activities under this contract, submit to the Secretary-General a contingency plan to respond effectively to incidents that are likely to cause serious harm or a threat of serious harm to the marine environment arising from the Contractor’s activities at sea in the exploration area. Such contingency plan shall establish special procedures and provide for adequate and appropriate equipment to deal with such incidents and, in particular, shall include arrangements for:; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:

marine_scientific_research (20)

Marine scientific research in the Area and dissemination of results.

2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): Paragraph 157
1994 Part XI Implementation Agreement: Article 10. Authentic texts
UNCLOS Part XI (The Area): Article 143. Marine scientific research; Article 155. The Review Conference
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 3. Duty to cooperate and exchange of information In matters relating to these Regulations:; Regulation 13. Assessment of Applicants and application; Regulation 31. Accommodation of activities in the Area and in the marine environment; Annex XI. Parent Company Liability Statement THIS “STATEMENT” made the ... day of ... by A. [insert name of Managing Company], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Managing Company]; and B. [insert name of Contractor], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Contractor]; an d irrevocably and unconditionally DECLARE and REPRESENT that: Obligations of [Managing Company] 1. [Managing Company] is jointly and severally liable for any debts and liabilities of [Contractor] arising in relation to:
ISA Polymetallic Nodules Exploration Regulations (2013): Regulation 1. Use of terms and scope; Regulation 3. Notification of prospecting; Regulation 5. Protection and preservation of the marine environment during prospecting; Annex I. Notification of intention to engage in prospecting
ISA Polymetallic Sulphides Exploration Regulations (2010): Regulation 1. Use of terms and scope; Regulation 3. Notification of prospecting; Regulation 5. Protection and preservation of the marine environment during prospecting; Annex 1. Notification of intention to engage in prospecting
ISA Cobalt-rich Crusts Exploration Regulations (2012): Regulation 1. Use of terms and scope; Regulation 3. Notification of prospecting; Regulation 5. Protection and preservation of the marine environment during prospecting; Annex I. Notification of intention to engage in prospecting

technology_transfer_and_capacity (55)

Transfer of technology and scientific knowledge, training, and capacity-building, especially for developing States.

US Deep Seabed Hard Mineral Resources Act (DSHMRA): Section 1467. Jurisdiction of courts.
2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): Paragraph 3; Paragraph 135; Paragraph 157; Paragraph 162; Paragraph 163; Paragraph 234; Paragraph 5
1994 Part XI Implementation Agreement: Article 10. Authentic texts
UNCLOS Part XI (The Area): Article 143. Marine scientific research; Article 144. Transfer of technology; Article 150. Policies relating to activities in the Area; Article 155. The Review Conference; Article 163. Organs of the Council; Article 166. The Secretariat; Article 170. The Enterprise; Article 176. Legal status
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 3. Duty to cooperate and exchange of information In matters relating to these Regulations:; Regulation 7. Form of applications and information to accompany a Plan of Work 1. Each application for approval of a Plan of Work shall be:; Regulation 13. Assessment of Applicants and application; Regulation 27. Commencement of Commercial Production; Regulation 30. Safety, labour and health standards 1. The Contractor shall ensure at all times that:; Regulation 32. Emergency Response and Contingency Plans 1. A Contractor shall maintain:; Section 8. Training commitment; Regulation 37. Training Obligations; Regulation 37 bis. Transfer of Technology [1. The Contractor shall cooperate fully and effectively with the Authority for the purpose of the Authority, the Enterprise or its joint venture, a developing State or States acquiring deep seabed mining technology on fair and reasonable commercial terms and conditions, consistent with the effective protection of intellectual property rights. ] [1. Alt. The Contractor shall include in the Plan of Work undertakings on transfer of technology pursuant to article 144 of the Convention and Section 5 of the Annex to the Agreement.; Regulation 38. Annual report; Regulation 44. General Obligations; Regulation 62. Equality of treatment The Council shall, based on the recommendations of the Commission, apply the provisions of this Part on a transparent, uniform and non-discriminatory basis, and shall ensure equality of financial treatment and comparable financial obligations for Contractors. [Alt. The Council shall, [based on the recommendation of the Commission], apply the regulations of this Part with the purpose of achieving all objectives of the financial terms of the contract envisaged by the Convention. Particular attention shall be given to the objectives of ensuring the transfer of technology, training and scientific knowledge to developing States; providing incentives for Contractors to undertake joint arrangements with the Enterprise and developing States; and guaranteeing equality of financial treatment and comparable financial obligations for Contractors.]; Regulation 63. [Incentives] [1. The Council may, taking into account the recommendations of the Commission and the Economic Planning Commission in accordance with the applicable Standard, provide for incentives, including Financial Incentives[, on a uniform and nondiscriminatory basis,] to Contractors [to undertake joint arrangements with the Enterprise and developing States and their nationals] to further the objectives set out in article 13, paragraph 1, of Annex III to the Convention.] [1. Alt. The Council may, taking into account the recommendations of the Commission and the Economic Planning Commission in accordance with the applicable Standard to provide for incentives, including Financial Incentives, on a uniform and nondiscriminatory basis especially for those from developing States, including small island developing States, to advance the objectives set out in article 13, paragraph 1, of Annex III to the Convention.] [2. [Those]/[Any] incentives shall be applied on a uniform and non-discriminatory basis, to further the objectives set out in article 13, paragraph 1, of Annex III to the Convention [including, where applicable, the objective of stimulating the transfer of technology to, and training the personnel of, the Authority and of developing States ].] [3. The Council shall ensure that, as a result of the Financial Incentives provided to Contractors, Contractors are not subsidized so as to be given an artificial competitive advantage with respect to other Contractors and/or land-based miners.] [4. Any incentives shall be fully compatible with the policies and principles under regulation 2[, any applicable Standards and shall take into account the Guidelines.]] [5. A Financial Incentives Registry shall be established, maintained and published through the Seabed Mining Register, pursuant to regulation 92.]; Regulation 97. Inspectors: Appointment and supervision; Annex V. Emergency Response and Contingency Plan An Emergency Response and Contingency Plan must:; Annex VII. Environmental Management and Monitoring Plan; Annex IX. Exploitation Contract and schedules THIS CONTRACT made the … day of … between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and … represented by … (hereinafter referred to as “the Contractor”) WITNESSETH as follows: A. Incorporation of clauses The standard clauses set out in Annex X to the Regulations on exploitation of Resources in the Area shall be incorporated herein and shall have effect as if herein set out at length. B. Contract Area For the purposes of this Contract, the “Contract Area” means that part of the Area allocated to the Contractor for Exploitation, defined by the coordinates listed in schedule 1 hereto. C. Grant of rights In consideration of (a) their mutual interest in the conduct of Exploitation in the Contract Area pursuant to the United Nations Convention on the Law of the Sea of 10 December 1982 and the Agreement relating to the Implementation of Part XI of the Convention, (b) the rights and responsibility of the Authority to organize and control activities in the Area, particularly with a view to administering the Resources of the Area, in accordance with the legal regime established in Part XI of the Convention and the Agreement and Part XII of the Convention, respectively, and (c) the interest and financial commitment of the Contractor in conducting activities in the Contract Area and the mutual covenants made herein, the Authority hereby grants to the Contractor the exclusive right to Explore for and Exploit [specified Resource category] in the Contract Area in accordance with the terms and conditions of this Contract. D. Entry into force and Contract term This Contract shall enter into force on signature by both parties and, subject to the standard clauses, shall remain in force for an initial period of [x] years thereafter unless the Contract is sooner terminated, provided that this Contract may be renewed in accordance with the Regulations. E. Entire agreement This Contract expresses the entire agreement between the parties, and no oral understanding or prior writing shall modify the terms hereof. F. Languages This Contract will be provided and executed in the [ … and] English language[s] [and both texts are valid]. IN WITNESS WHEREOF the undersigned, being duly authorized thereto by the respective parties, have signed this Contract at …, this … day of …. The Schedules to the Exploitation Contract; Section 3. Undertakings 3.1 The Authority undertakes to fulfil in good faith its powers and functions under the Convention and the Agreement in accordance with article 157 of the Convention. 3.2 The Contractor shall implement this Contract in good faith and shall in particular implement the Plan of Work in accordance with regulation 18bis. For the avoidance of doubt, the Plan of Work includes:; Annex XI. Parent Company Liability Statement THIS “STATEMENT” made the ... day of ... by A. [insert name of Managing Company], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Managing Company]; and B. [insert name of Contractor], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Contractor]; an d irrevocably and unconditionally DECLARE and REPRESENT that: Obligations of [Managing Company] 1. [Managing Company] is jointly and severally liable for any debts and liabilities of [Contractor] arising in relation to:; Annex XI to these Regulations.] “Pilot Mining”] [means an in situ operating of the integrated system of all equipment and all related process steps, including collector, raiser and release techniques, for exploitation activities in a Contract Area under appropriate technical, spatial and temporal conditions which provides evidence concerning, inter alia, environmental impact, commercial capacity, duration of operations to validate feasibility of future Commercial Production. “Plan of Work” means a Plan of Work for Exploitation in the Area, defined collectively as all and any plans or other documents setting out the activities for the conduct of the Exploitation, which form part of, or is proposed to be part of, an Exploitation Contract. “Preservation” means the maintenance of the environment, lands and natural resources without anthropogenic use beyond access. “Preservation Reference Zone” means a zone designated within the Contract Area in accordance with Annex X bis to these Regulations that has been identified as having similar ecological characteristics to an Impact Reference Zone, and within which no mining impacts are predicted to occur, which will be used to show a representative and stable ecosystem from the sea surface to the benthic subsurface layers, and can be used to form a comparison with an Impact Reference Zone. “Protection [of the Marine Environment]” means any action or activity designed to reduce or prevent pollution, negative environmental impacts or other damage to environment, land, ecosystems, natural resources, [traditional ownership or customary use of resources, human remains and Underwater Cultural Heritage, or intangible Underwater Cultural Heritage] by human activities, including to mitigate climate change, to reduce the risk of such damage, to protect and restore biodiversity or to lead to more efficient use of natural resources, including energy-saving measures and the use of renewable sources of energy and other techniques to reduce greenhouse gas emissions and other pollutants, as well as to shift to circular economy models to reduce the use of primary materials and increase efficiencies. It also covers actions that reinforce adaptive capacity and minimise vulnerability to climate impacts. “Regulations” means the regulations on exploitation of Mineral resources in the Area, adopted by the Authority. “Rehabilitation” means an occurrence of when an ecosystem recovers characteristics of its natural state, such as the presence of its original species, functions or services. “Regional Environmental Management Plan” means a proactive spatial management strategy that anticipates exploitation and that includes the designation of areas of Particular Environmental Interest. [Where the Regulations refer to the “applicable Regional Environmental Management Plan”, this shall be understood to mean the Regional Environmental Management Plan adopted by the Council for the particular area and type of resource concerned.] “Related Parties” or “Related Party” means parties that belong to the same corporate structure, such as a parent and subsidiary company, or sister companies which are both subsidiaries of the same parent company, and a state enterprise shall be considered a “Related Party” vis-à-vis its host State party or a Contractor sponsored by its host State party unless evidence is provided that any costs, prices and revenues have been charged or determined on an arm’s-length basis. “Reserved Area” means any part of the Area designated by the Authority as a reserved area in accordance with article 8 of Annex III to the Convention. “Resources” means all solid, liquid or gaseous mineral resources, Mineral-bearing ore, associated Minerals, or mixture thereof in situ in the Area at or beneath the seabed. “Restoration” means a return to pre-disturbance conditions. “Roster of Inspectors” means [to be inserted] “Rules of the Authority” means [the Convention, the Agreement,] these Regulations and other rules, regulations and procedures of the Authority, including Standards and Guidelines as may be adopted from time to time. “Scoping Report” means [to be inserted] “Seabed Mining Register” means the registry established and maintained by the Authority in accordance with regulation 92. [“Serious Harm to the Marine Environment”] means an Environmental Effect that, individually in combination or cumulatively meets any of the following criteria:
ISA Polymetallic Nodules Exploration Regulations (2013): Regulation 3. Notification of prospecting; Regulation 27. Training Pursuant to article 15 of annex III to the Convention, each contract shall include as a schedule a practical programme for the training of personnel of the Authority and developing States and drawn up by the contractor in cooperation with the Authority and the sponsoring State or States. Training programmes shall focus on training in the conduct of exploration, and shall provide for full participation by such personnel in all activities covered by the contract. Such training programmes may be revised and developed from time to time as necessary by mutual agreement.; Annex I. Notification of intention to engage in prospecting; Annex III. Contract for exploration THIS CONTRACT made the ... day of ... between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and ... represented by ... (hereinafter referred to as “the Contractor”) WITNESSETH as follows: Incorporation of clauses; Section 8. Training 8.1 In accordance with the Regulations, the Contractor shall, prior to the commencement of exploration under this contract, submit to the Authority for approval proposed training programmes for the training of personnel of the Authority and developing States, including the participation of such personnel in all of the Contractor’s activities under this contract. 8.2 The scope and financing of the training programme shall be subject to negotiation between the Contractor, the Authority and the sponsoring State or States. 8.3 The Contractor shall conduct training programmes in accordance with the specific programme for the training of personnel referred to in section 8.1 hereof approved by the Authority in accordance with the Regulations, which programme, as revised and developed from time to time, shall become a part of this contract as; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:
ISA Polymetallic Sulphides Exploration Regulations (2010): Regulation 3. Notification of prospecting; Regulation 29. Training Pursuant to article 15 of annex III to the Convention, each contract shall include as a schedule a practical programme for the training of personnel of the Authority and developing States and drawn up by the contractor in cooperation with the Authority and the sponsoring State or States. Training programmes shall focus on training in the conduct of exploration, and shall provide for full participation by such personnel in all activities covered by the contract. Such training programmes may be revised and developed from time to time as necessary by mutual agreement.; Annex 1. Notification of intention to engage in prospecting; Annex 3. Contract for exploration THIS CONTRACT made the day of between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and represented by (hereinafter referred to as “the Contractor”) WITNESSETH as follows: Incorporation of clauses A. The standard clauses set out in annex 4 to the Regulations on Prospecting and Exploration for Polymetallic Sulphides in the Area shall be incorporated herein and shall have effect as if herein set out at length. Exploration area B. For the purposes of this contract, the “exploration area” means that part of the Area allocated to the Contractor for exploration, defined by the coordinates listed in; Section 8. Training 8.1 In accordance with the Regulations, the Contractor shall, prior to the commencement of exploration under this contract, submit to the Authority for approval proposed training programmes for the training of personnel of the Authority and developing States, including the participation of such personnel in all of the Contractor’s activities under this contract. 8.2 The scope and financing of the training programme shall be subject to negotiation between the Contractor, the Authority and the sponsoring State or States. 8.3 The Contractor shall conduct training programmes in accordance with the specific programme for the training of personnel referred to in section 8.1 hereof approved by the Authority in accordance with the Regulations, which programme, as revised and developed from time to time, shall become a part of this contract as; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:
ISA Cobalt-rich Crusts Exploration Regulations (2012): Regulation 3. Notification of prospecting; Regulation 29. Training Pursuant to article 15 of annex III to the Convention, each contract shall include as a schedule a practical programme for the training of personnel of the Authority and developing States and drawn up by the contractor in cooperation with the Authority and the sponsoring State or States. Training programmes shall focus on training in the conduct of exploration, and shall provide for full participation by such personnel in all activities covered by the contract. Such training programmes may be revised and developed from time to time as necessary by mutual agreement.; Annex I. Notification of intention to engage in prospecting; Annex III. Contract for exploration THIS CONTRACT made the … day of … between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and … represented by … (hereinafter referred to as “the Contractor”) WITNESSETH as follows: Incorporation of clauses; Section 8. Training 8.1 In accordance with the Regulations, the Contractor shall, prior to the commencement of exploration under this contract, submit to the Authority for approval proposed training programmes for the training of personnel of the Authority and developing States, including the participation of such personnel in all of the Contractor’s activities under this contract. 8.2 The scope and financing of the training programme shall be subject to negotiation between the Contractor, the Authority and the sponsoring State or States. 8.3 The Contractor shall conduct training programmes in accordance with the specific programme for the training of personnel referred to in section 8.1 hereof approved by the Authority in accordance with the Regulations, which programme, as revised and developed from time to time, shall become a part of this contract as; Section 10. Annual reports 10.1 The Contractor shall, within 90 days of the end of each calendar year, submit a report to the Secretary-General in such format as may be recommended from time to time by the Legal and Technical Commission covering its programme of activities in the exploration area and containing, as applicable, information in sufficient detail on:

developing_states_special_interests (39)

Special interests and needs of developing, land-locked and geographically disadvantaged States.

2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): Paragraph 3; Paragraph 150; Paragraph 153; Paragraph 154; Paragraph 156; Paragraph 157; Paragraph 158; Paragraph 159; Paragraph 162; Paragraph 163; Paragraph 3
1994 Part XI Implementation Agreement: Article 10. Authentic texts
UNCLOS Part XI (The Area): Article 140. Benefit of mankind; Article 141. Use of the Area exclusively for peaceful purposes; Article 143. Marine scientific research; Article 144. Transfer of technology; Article 148. Participation of developing States in activities in the Area; Article 150. Policies relating to activities in the Area; Article 151. Production policies; Article 152. Exercise of powers and functions by the Authority; Article 155. The Review Conference; Article 160. Powers and functions; Article 161. Composition, procedure and voting; Article 162. Powers and functions; Article 163. Organs of the Council; Article 164. The Economic Planning Commission; Article 173. Expenses of the Authority
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 2. Principles, approaches and policies; Regulation 3. Duty to cooperate and exchange of information In matters relating to these Regulations:; Regulation 37. Training Obligations; Regulation 62. Equality of treatment The Council shall, based on the recommendations of the Commission, apply the provisions of this Part on a transparent, uniform and non-discriminatory basis, and shall ensure equality of financial treatment and comparable financial obligations for Contractors. [Alt. The Council shall, [based on the recommendation of the Commission], apply the regulations of this Part with the purpose of achieving all objectives of the financial terms of the contract envisaged by the Convention. Particular attention shall be given to the objectives of ensuring the transfer of technology, training and scientific knowledge to developing States; providing incentives for Contractors to undertake joint arrangements with the Enterprise and developing States; and guaranteeing equality of financial treatment and comparable financial obligations for Contractors.]; Regulation 63. [Incentives] [1. The Council may, taking into account the recommendations of the Commission and the Economic Planning Commission in accordance with the applicable Standard, provide for incentives, including Financial Incentives[, on a uniform and nondiscriminatory basis,] to Contractors [to undertake joint arrangements with the Enterprise and developing States and their nationals] to further the objectives set out in article 13, paragraph 1, of Annex III to the Convention.] [1. Alt. The Council may, taking into account the recommendations of the Commission and the Economic Planning Commission in accordance with the applicable Standard to provide for incentives, including Financial Incentives, on a uniform and nondiscriminatory basis especially for those from developing States, including small island developing States, to advance the objectives set out in article 13, paragraph 1, of Annex III to the Convention.] [2. [Those]/[Any] incentives shall be applied on a uniform and non-discriminatory basis, to further the objectives set out in article 13, paragraph 1, of Annex III to the Convention [including, where applicable, the objective of stimulating the transfer of technology to, and training the personnel of, the Authority and of developing States ].] [3. The Council shall ensure that, as a result of the Financial Incentives provided to Contractors, Contractors are not subsidized so as to be given an artificial competitive advantage with respect to other Contractors and/or land-based miners.] [4. Any incentives shall be fully compatible with the policies and principles under regulation 2[, any applicable Standards and shall take into account the Guidelines.]] [5. A Financial Incentives Registry shall be established, maintained and published through the Seabed Mining Register, pursuant to regulation 92.]; Regulation 93. Notice and general procedures 1. [This regulation shall apply to all Communications by and with the Authority].
ISA Polymetallic Nodules Exploration Regulations (2013): Regulation 27. Training Pursuant to article 15 of annex III to the Convention, each contract shall include as a schedule a practical programme for the training of personnel of the Authority and developing States and drawn up by the contractor in cooperation with the Authority and the sponsoring State or States. Training programmes shall focus on training in the conduct of exploration, and shall provide for full participation by such personnel in all activities covered by the contract. Such training programmes may be revised and developed from time to time as necessary by mutual agreement.; Section 8. Training 8.1 In accordance with the Regulations, the Contractor shall, prior to the commencement of exploration under this contract, submit to the Authority for approval proposed training programmes for the training of personnel of the Authority and developing States, including the participation of such personnel in all of the Contractor’s activities under this contract. 8.2 The scope and financing of the training programme shall be subject to negotiation between the Contractor, the Authority and the sponsoring State or States. 8.3 The Contractor shall conduct training programmes in accordance with the specific programme for the training of personnel referred to in section 8.1 hereof approved by the Authority in accordance with the Regulations, which programme, as revised and developed from time to time, shall become a part of this contract as
ISA Polymetallic Sulphides Exploration Regulations (2010): Regulation 29. Training Pursuant to article 15 of annex III to the Convention, each contract shall include as a schedule a practical programme for the training of personnel of the Authority and developing States and drawn up by the contractor in cooperation with the Authority and the sponsoring State or States. Training programmes shall focus on training in the conduct of exploration, and shall provide for full participation by such personnel in all activities covered by the contract. Such training programmes may be revised and developed from time to time as necessary by mutual agreement.; Section 8. Training 8.1 In accordance with the Regulations, the Contractor shall, prior to the commencement of exploration under this contract, submit to the Authority for approval proposed training programmes for the training of personnel of the Authority and developing States, including the participation of such personnel in all of the Contractor’s activities under this contract. 8.2 The scope and financing of the training programme shall be subject to negotiation between the Contractor, the Authority and the sponsoring State or States. 8.3 The Contractor shall conduct training programmes in accordance with the specific programme for the training of personnel referred to in section 8.1 hereof approved by the Authority in accordance with the Regulations, which programme, as revised and developed from time to time, shall become a part of this contract as
ISA Cobalt-rich Crusts Exploration Regulations (2012): Regulation 29. Training Pursuant to article 15 of annex III to the Convention, each contract shall include as a schedule a practical programme for the training of personnel of the Authority and developing States and drawn up by the contractor in cooperation with the Authority and the sponsoring State or States. Training programmes shall focus on training in the conduct of exploration, and shall provide for full participation by such personnel in all activities covered by the contract. Such training programmes may be revised and developed from time to time as necessary by mutual agreement.; Section 8. Training 8.1 In accordance with the Regulations, the Contractor shall, prior to the commencement of exploration under this contract, submit to the Authority for approval proposed training programmes for the training of personnel of the Authority and developing States, including the participation of such personnel in all of the Contractor’s activities under this contract. 8.2 The scope and financing of the training programme shall be subject to negotiation between the Contractor, the Authority and the sponsoring State or States. 8.3 The Contractor shall conduct training programmes in accordance with the specific programme for the training of personnel referred to in section 8.1 hereof approved by the Authority in accordance with the Regulations, which programme, as revised and developed from time to time, shall become a part of this contract as

peaceful_use_and_general_conduct (6)

Use of the Area exclusively for peaceful purposes and the general conduct of States in relation to the Area.

UNCLOS Part XI (The Area): Article 138. General conduct of States in relation to the Area; Article 141. Use of the Area exclusively for peaceful purposes; Article 143. Marine scientific research; Article 147. Accommodation of activities in the Area and in the marine environment; Article 155. The Review Conference
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 2. Principles, approaches and policies

protection_of_human_life_and_safety (30)

Protection of human life and installation safety in the conduct of activities in the Area.

2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): Paragraph 85; Paragraph 87; Paragraph 241
UNCLOS Part XI (The Area): Article 145. Protection of the marine environment; Article 146. Protection of human life; Article 147. Accommodation of activities in the Area and in the marine environment; Article 153. System of exploration and exploitation; Article 155. The Review Conference
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 3. Duty to cooperate and exchange of information In matters relating to these Regulations:; Regulation 13. Assessment of Applicants and application; Regulation 29 quat. Ship notification, electronic monitoring and data reporting; Regulation 30. Safety, labour and health standards 1. The Contractor shall ensure at all times that:; Regulation 33. Preventing and responding to Incidents; Regulation 44 ter Environmental Goal and Objectives; Regulation 96 bis. Inspections; Regulation 97 bis. [Inspectors’ Functions and Responsibilities] 1. Inspectors shall:; Regulation 98. Inspectors’ powers; Annex VI. Health and Safety Plan and Maritime Security Plan Note: several important provisions of this Annex have currently been placed in the Suspense document and will be incorporated into Standards and Guidelines at a later stage. A Health and Safety Plan 1. The Health and Safety Plan prepared under these Regulations and this Annex must:; Annex VIII. Closure Plan; Section 13. Obligations on Termination of a Contract 13.1 In the event of termination of this Contract, the Contractor shall:; Annex XI. Parent Company Liability Statement THIS “STATEMENT” made the ... day of ... by A. [insert name of Managing Company], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Managing Company]; and B. [insert name of Contractor], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Contractor]; an d irrevocably and unconditionally DECLARE and REPRESENT that: Obligations of [Managing Company] 1. [Managing Company] is jointly and severally liable for any debts and liabilities of [Contractor] arising in relation to:
ISA Polymetallic Nodules Exploration Regulations (2013): Regulation 21. Consideration by the Legal and Technical Commission; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:
ISA Polymetallic Sulphides Exploration Regulations (2010): Regulation 23. Consideration by the Legal and Technical Commission; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:
ISA Cobalt-rich Crusts Exploration Regulations (2012): Regulation 23. Consideration by the Legal and Technical Commission; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:

compliance_inspection_and_enforcement (189)

Inspection, emergency orders, suspension/adjustment of operations, penalties and other compliance measures.

US Deep Seabed Hard Mineral Resources Act (DSHMRA): Section 1411. Prohibited activities by United States citizens.; Section 1413. License and permit applications, review, and certification.; Section 1416. Denial of certification of applications and of issuance, transfer, suspension, and revocation of licenses and permits; suspension and modification of activities.; Section 1423. Records, audits, and public disclosure.; Section 1425. Relinquishment, surrender, and transfer of licenses and permits.; Section 1461. Prohibited acts.; Section 1462. Civil penalties.; Section 1464. Enforcement.; Section 1465. Liability of vessels.
15 CFR 970 — DSM Exploration Licences (NOAA): Section 970.200. General.; Section 970.205. Vessel safety. In order to provide a basis for the necessary determinations with respect to the safety of life and property at sea, pursuant to §§ 970.507, 970.521 and subpart H of this part, the application must contain the following information, except for those vessels under 300 gross tons which are engaged in oceanographic research if they are used in exploration.; Section 970.209. Substantial compliance with application requirements.; Section 970.210. Reasonable time for full compliance. Priority of right shall not be lost in case of any application filed which is in substantial but not full compliance, as specified in § 970.209, if the Administrator determines that the applicant, within 60 days after issuance to the applicant by the Administrator of written notice that the application is in substantial but not full compliance, has brought the application into full compliance with the requirements, as applicable, of §§ 970.201 through 970.208 or § 971.214(d) of this chapter. [91 FR 2672, Jan. 21, 2026]; Section 970.211. Consultation and cooperation with Federal agencies.; Section 970.301. Requirements for applications based on pre-enactment exploration.; Section 970.302. Procedures and criteria for resolving conflicts.; Section 970.400. General.; Section 970.502. Consultation and cooperation with Federal agencies. Prior to the issuance or transfer of an exploration license, the Administrator will continue the consultation and cooperation with other Federal agencies which were initiated pursuant to § 970.211. This consultation will be to assure compliance with, among other statutes, the Endangered Species Act of 1973, as amended, the Marine Mammal Protection Act of 1972, as amended, and the Fish and Wildlife Coordination Act. He also will consult, prior to any issuance, transfer, modification or renewal of a license, with any affected Regional Fishery Management Council established pursuant to section 302 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1852) if the activities undertaken pursuant to such license could adversely affect any fishery within the Fishery Conservation Zone, or any anadromous species or Continental Shelf fishery resource subject to the exclusive management authority of the United States beyond such zone.; Section 970.511. Suspension or modification of activities; suspension or revocation of licenses.; Section 970.515. Duration of a license.; Section 970.524. Other Federal requirements. Pursuant to § 970.211, another Federal agency, upon review of an exploration license application submitted under this part, may indicate how terms, conditions, and restrictions might be added to the license, to assure compliance with any law or regulation within that agency's area of responsibility. In response to the intent, reflected in section 103(e) of the Act, to reduce the number of separate actions to satisfy the statutory responsibilities of these agencies, the Administrator may include such terms, conditions, and restrictions in a license.; Section 970.801. Criteria for safety of life and property at sea. Response to the safety at sea requirements in essence will involve vessel inspection requirements. These inspection requirements may be identified by reference to present laws and regulations. The primary inspection statutes pertaining to United States flag vessels are: 46 U.S.C. 86 (Loadlines); 46 U.S.C. 395 (Inspection of seagoing barges over 100 gross tons); 46 U.S.C. 367 (Inspection of sea-going motor vessels over 300 gross tons); and 46 U.S.C. 404 (Inspection of vessels above 15 gross tons carrying freight for hire). All United States flag vessels will be required to meet existing regulatory requirements applicable to such vessels. This includes the requirement for a current valid Coast Guard Certificate of Inspection, as specified in § 970.205. Being United States flag, these vessels will be under United States jurisdiction on the high seas and subject to domestic enforcement procedures. With respect to foreign flag vessels, the SOLAS 74 or SOLAS 60 certificate requirements or alternative IACS requirements, as specified in § 970.205, apply. [46 FR 45909, Sept. 15, 1981]; Section 970.2503. Suspension of exploration activities.
15 CFR 971 — DSM Commercial Recovery Permits (NOAA): Section 971.200. General.; Section 971.202. Statement of technological experience and capabilities.; Section 971.205. Vessel safety and documentation. In order to provide a basis for the necessary determinations with respect to the safety of life and property at sea, pursuant to § 971.407, § 971.422 and Subpart G of this part, the application must contain the following information for vessels used in commercial recovery, except for those vessels under 300 gross tons which are engaged in oceanographic research:; Section 971.211. Consultation and cooperation with Federal agencies.; Section 971.214. Consolidated license and permit procedures.; Section 971.402. Consultation and cooperation with Federal and State agencies. Before issuance or transfer of a commercial recovery permit, the Administrator will conclude any consultations in cooperation with other Federal and State agencies which were initiated pursuant to §§ 971.211 and 971.200(g). These consultations will be held to assure compliance with, as applicable and among other statutes, the Endangered Species Act of 1973, as amended, the Marine Mammal Protection Act of 1972, as amended, the Fish and Wildlife Coordination Act, and the Coastal Zone Management Act of 1972, as amended. The Administrator also will consult, before any issuance, transfer, modification or renewal of a permit, with any affected Regional Fishery Management Council established pursuant to section 302 of the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1852) if the activities undertaken pursuant to the permit could adversely affect any fishery within the Fishery Conservation Zone (now known as the Exclusive Economic Zone), or any anadromous species or Continental Shelf fishery resource subject to the exclusive management authority of the United States beyond that zone.; Section 971.417. Suspension or modification of activities; suspension or revocation of permits.; Section 971.426. Annual report and records maintenance. Each permit will require the permittee to submit an annual report and maintain information in accordance with § 971.801 including compliance with the commercial recovery plan and the quantities of hard mineral resources recovered and the disposition of such resources.; Section 971.430. Other Federal requirements. Pursuant to § 971.211, another Federal agency, or a State acting under Federal authority, upon review of a commercial recovery permit application submitted under this part, may propose that certain TCRs be added to the permit, to assure compliance with any law or regulation within that agency's area of responsibility. The Administrator will include appropriate TCRs in a permit.; Section 971.603. At-sea monitoring.; Section 971.606. Onshore information.; Section 971.701. Criteria for safety of life and property at sea. Response to the safety at sea requirements in essence will involve vessel inspection requirements, as identified by present laws and regulations. The primary inspection statutes pertaining to United States flag vessels are: 46 App. U.S.C. 86 (Loadlines) and 46 U.S.C. 3301 (Inspection of Seagoing Barges, Seagoing Motor Vessels, and Freight Vessels). United States flag vessels shall be required to meet all applicable regulatory requirements, including the requirement for a current valid Coast Guard Certificate of Inspection (pursuant to § 971.205(a) or, as applicable, pursuant to § 971.214(d)(7)(i)). United States flag vessels are under United States jurisdiction on the high seas and subject to domestic enforcement procedures. With respect to foreign flag vessels, the SOLAS 74 or SOLAS 60 certificate requirements specified in § 971.205(b), or, as applicable, specified in § 971.214(d)(7)(ii), apply. [54 FR 525, Jan. 6, 1989, as amended at 91 FR 2677, Jan. 21, 2026]; Section 971.801. Records to be maintained and information to be submitted by licensees and. permittees. (a); Section 971.803. Relinquishment and surrender of licenses and permits.; Section 971.1000. General.; Section 971.901. (i) also applies to any action or event, such as payment of a civil penalty, required by this. subpart to take place within a specified period of time.; Section 971.1001. Assessment procedure.; Section 971.1002. Hearing and appeal procedures.; Section 971.1003. License and permit sanctions.; Section 971.1005. Observers.; Section 971.1006. Proprietary enforcement information.
2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): Paragraph 1; Paragraph 2; Paragraph 76; Paragraph 100; Paragraph 102; Paragraph 109; Paragraph 118; Paragraph 119; Paragraph 122; Paragraph 123; Paragraph 133; Paragraph 137; Paragraph 140; Paragraph 142; Paragraph 166; Paragraph 167; Paragraph 186; Paragraph 201; Paragraph 214; Paragraph 215; Paragraph 217; Paragraph 219; Paragraph 222; Paragraph 228; Paragraph 234; Paragraph 236; Paragraph 3; Paragraph 4; Paragraph 5
1994 Part XI Implementation Agreement: Article 10. Authentic texts
UNCLOS Part XI (The Area): Article 139. Responsibility to ensure compliance and liability for damage; Article 153. System of exploration and exploitation; Article 161. Composition, procedure and voting; Article 162. Powers and functions; Article 165. The Legal and Technical Commission; Article 181. Archives and official communications of the Authority
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 3. Duty to cooperate and exchange of information In matters relating to these Regulations:; Regulation 5. Qualified Applicants; Regulation 6. Certificate of sponsorship; Regulation 7. Form of applications and information to accompany a Plan of Work 1. Each application for approval of a Plan of Work shall be:; Regulation 13. Assessment of Applicants and application; Regulation 15. Commission’s recommendation for the approval or disapproval of a Plan of Work; Regulation 18 bis. Obligations of the Contractors; Regulation 20. Term and extension of Exploitation Contracts; Regulation 21. Termination of sponsorship; Regulation 26. Alt. 1 Environmental Performance Guarantee/Alt. 2 Decommissioning and Emergency Response Guarantee/Alt. 3 Closure Guarantee; Regulation 28. Maintaining Commercial Production; Regulation 29. Reduction or suspension in production; Regulation 29 quat. Ship notification, electronic monitoring and data reporting; Regulation 30. Safety, labour and health standards 1. The Contractor shall ensure at all times that:; Regulation 30 bis. Human health and safety management system; Regulation 32. Emergency Response and Contingency Plans 1. A Contractor shall maintain:; Regulation 33. Preventing and responding to Incidents; Regulation 34. Notification of Incidents and Notifiable Events; Regulation 36. Insurance; Regulation 38. Annual report; Regulation 39. Books, records and samples; Regulation 40. Prevention of corruption; Regulation 42. Restrictions on advertisements, prospectuses and other notices; Regulation 43. Compliance with other laws and regulations; Regulation 48 bis. [New Environmental Impact Assessment and Revised Environmental Impact Statement [or Revision of Environmental Plans]] / [Revision for change or new or increased effect or risk]; Regulation 48 ter Pilot Mining; Regulation 49. Environmental Management and Monitoring; Regulation 50. Environmental Management and Monitoring Plan; Regulation 51. Compliance with the Environmental Management and Monitoring Plan; Regulation 52. Performance assessments of the Environmental Management and Monitoring Plan; Regulation 58. Review of a Plan of Work; Regulation 61. [Implementation and Monitoring of the Final Closure Plan] 1. The purpose of Closure monitoring is [to]:; Regulation 69. Error or mistake in royalty return A Contractor shall notify the Secretary-General promptly of any error in calculation or mistake of fact in connection with a royalty return or payment of a royalty. [Failure by a Contractor to notify the Secretary-General shall attract a penalty.]; Regulation 73. Overpayment of royalty; Regulation 74. Proper books and records to be kept; Regulation 75. Audit by the Authority; Regulation 76. Assessment by the Authority; Section 6. Interest and penalties; Regulation 80. Monetary penalties [inserted under regulation 103]; Regulation 83 bis. Beneficial Ownership Registry; Regulation 85. Annual fixed fee; Regulation 89. Confidentiality of information; Regulation 90. Procedures to ensure confidentiality; Regulation 22 and Instruments of Transfer or Assignment in accordance with regulation 23;; Regulation 94. Adoption of Standards; Regulation 95. Issuance of Guidelines; Regulation 95 bis. Compliance Committee; Regulation 95 ter Public Complaint The [Council]/[Compliance Committee] shall develop and implement public complaints procedure to facilitate reporting to the Authority by any person or entity of any concerns about the activities in the Area.; Section 2. Inspections; Regulation 96. The [inspection] / [compliance] mechanism; Regulation 96 bis. Inspections; Regulation 96 ter Request for inspection [in the event of [harmful effects]] to the Marine Environment] [1. In the event of harmful effects or risk of harmful effects to the Marine Environment, [any State or States] , which have [reasonable] grounds for believing [that] such harmful effects are caused by activities in the Area, shall notify the [Chief Inspector] / [Compliance Committee] [and the relevant Contractor] through the] Secretary-General in writing of the grounds upon which such belief is based and request an inspection. [The notification shall include all relevant evidence, and all documentation supporting the belief that the harmful effects are caused by activities in the Area.] [1. Alt. Where there are grounds for believing a Contractor does not comply with, or is at risk of non-compliance with, the rules, regulations and procedures of the Authority, and the terms of the Exploitation Contract as referred to in regulations 18bis and 98, any State may notify the Chief Inspector through the Secretary-General in writing of the grounds upon which such belief is based and request an inspection. The notification shall include all relevant evidence, and all documentation supporting the noncompliance.] [1. bis In reviewing a Contractor’s annual report, the Commission may inform the Compliance Committee of a possible non-compliance situation on the Contractor’s activities. The Compliance Committee shall consider such situation and may recommend, if necessary, to the Council for initiating an inspection. ] [1. ter Anyone who has reasonable grounds for suspecting that a Contractor has violated the Convention, these Regulations, Exploitation Contracts, or caused harmful effects to the Marine Environment, may request the Compliance Committee through the Secretary-General for inspection in writing.]; Regulation 97. Inspectors: Appointment and supervision; Regulation 97 bis. [Inspectors’ Functions and Responsibilities] 1. Inspectors shall:; Regulation 98. Inspectors’ powers; Regulation 99. Inspectors’ power to issue instructions [1. If, as a result of an inspection, an Inspector has reasonable grounds to determine that any occurrence, practice or condition endangers or may endanger the health or safety of any person or poses a [threat]/[risk] of harmful effects to the Marine Environment or to human remains and [Alt. 1 objects and sites of an archaeological or historical nature] [Alt. 2 Underwater Cultural Heritage] [or any venerated sites], the Inspector shall give a written instruction, which shall have immediate effect, of a temporary nature considered reasonably necessary to remedy the situation, in accordance with [regulation 35 and] any applicable Standards, including:; Regulation 100. Inspection Reports; Regulation 101. Complaints relating to Inspections [1. A Contractor who considers that an Inspector has acted unreasonably or outside of the scope of their powers under this Part may complain in writing to the Secretary General, who will transmit the complaint promptly to the Compliance Committee who shall consider the complaint as soon as practicable.] [1. bis A person aggrieved by an action of an Inspector [or a Contractor][or any organ or official of the Authority] under this Part may complain in writing, [providing evidence] to the Secretary General, [who shall report to the Compliance Committee [and] Chief Inspector [or where the Compliance Committee is implicated in the complaint to the Ombudsperson] to consider the complaint as soon as practicable.] [1. Alt. A Contractor or any person directly affected by the conduct of an Inspector or a Contractor in connection with inspection or compliance activities under this Part may submit a written complaint, supported by relevant evidence, to the Secretary -General. The Secretary-General shall promptly transmit the complaint to the Compliance Committee for consideration. Where the compliant involves a member of the Compliance Committee or raises concerns about the Compliance Committee impartiality, the Secretary-General shall refer the matter to the [designated Ombudsperson or another] independent mechanism established by the Council. Complaints must relate specifically to the exercise or non-exercise of powers and duties under this Part and fall within the Compliance Committee’s mandate.] [1. ter The Secretary-General shall acknowledge [receipt of a complaint made under this regulation,] in writing, [and] within 7 Days, specifying the date of receipt.]; Section 3. Enforcement and penalties; Regulation 103. Compliance and enforcement measures by the Compliance Committee; Regulation 104. Power to take remedial action; Regulation 105. Sponsoring States Without prejudice to regulations 5, 6 and 21, and to the generality of their obligations under article 139, paragraph 2, and article 153, paragraph 4, of the Convention and article 4, paragraph 4, of Annex III to the Convention, Sponsoring States shall, in particular, take all necessary and appropriate measures to secure effective compliance by Contractors they have sponsored in accordance with Part XI of the Convention, the Agreement, rules, regulations and procedures of the Authority and the terms and conditions of the Exploitation Contract.; Section 4. Periodic review of inspection, compliance and enforcement mechanism; Regulation 105 bis. Periodic Review of Inspection, Compliance and Enforcement Mechanism; Regulation 107. Review of these Regulations [1. Five years following [Alt. 1 the approval of these Regulations by the Assembly] [Alt. 2 the signature of the first Exploitation Contract] [Alt. 3 the first date of commencement of Commercial Production], the Council shall undertake a comprehensive review of the manner in which these Regulations have operated in practice and may also reasonably undertake such a review at any time thereafter.] [1. Alt. The Council shall take a full review of these Regulations. This review shall, at least, include:; Section III. Technical information; Annex II. Mining Workplan A Mining Workplan, based on the results of Exploration (at least equivalent to the data and information to be provided pursuant to section 11.2 of the standard clauses for Exploration Contracts), should cover the following subject matters:; Annex IV. Environmental Impact Statement; Annex VI. Health and Safety Plan and Maritime Security Plan Note: several important provisions of this Annex have currently been placed in the Suspense document and will be incorporated into Standards and Guidelines at a later stage. A Health and Safety Plan 1. The Health and Safety Plan prepared under these Regulations and this Annex must:; Annex VII. Environmental Management and Monitoring Plan; Annex VIII. Closure Plan; Section 3. Undertakings 3.1 The Authority undertakes to fulfil in good faith its powers and functions under the Convention and the Agreement in accordance with article 157 of the Convention. 3.2 The Contractor shall implement this Contract in good faith and shall in particular implement the Plan of Work in accordance with regulation 18bis. For the avoidance of doubt, the Plan of Work includes:; Section 5. Legal title to Minerals 5.1 The Contractor will obtain title to and property over the Minerals upon recovery of the Minerals from the seabed and ocean floor and subsoil thereof [onto the Contractor’s mining vessel or Installation], in compliance with this Contract. 5.2 This Contract shall not create, nor be deemed to confer, any interest or right on the Contractor in or over any other part of the Area and its Resources other than those rights expressly granted in this Contract.; Section 9. Extension 9.1 20.] [Alt. 1 The Contractor may extent this Contract in accordance with regulation [Alt. 2 The Contractor may extent this Contract for periods not more than 10 years each, on the following conditions:; Section 10. Renunciation of rights 10.1 The Contractor, by prior written notice to the Authority, may renounce without penalty the whole or part of its rights in the Contract Area, provided that the Contractor shall remain liable for all obligations and liabilities accrued prior to the date of s uch renunciation in respect of the whole or part of the Contract Area renounced. Such obligations shall include, inter alia, the payment of any sums outstanding to the Authority, and obligations under the Environmental Management and Monitoring Plan and Closure Plan.; Section 12. Suspension and termination of Contract and penalties 12.1 The Council may suspend or terminate this Contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:; Section 13. Obligations on Termination of a Contract 13.1 In the event of termination of this Contract, the Contractor shall:; Annex XI. Parent Company Liability Statement THIS “STATEMENT” made the ... day of ... by A. [insert name of Managing Company], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Managing Company]; and B. [insert name of Contractor], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Contractor]; an d irrevocably and unconditionally DECLARE and REPRESENT that: Obligations of [Managing Company] 1. [Managing Company] is jointly and severally liable for any debts and liabilities of [Contractor] arising in relation to:; Annex XI to these Regulations.] “Pilot Mining”] [means an in situ operating of the integrated system of all equipment and all related process steps, including collector, raiser and release techniques, for exploitation activities in a Contract Area under appropriate technical, spatial and temporal conditions which provides evidence concerning, inter alia, environmental impact, commercial capacity, duration of operations to validate feasibility of future Commercial Production. “Plan of Work” means a Plan of Work for Exploitation in the Area, defined collectively as all and any plans or other documents setting out the activities for the conduct of the Exploitation, which form part of, or is proposed to be part of, an Exploitation Contract. “Preservation” means the maintenance of the environment, lands and natural resources without anthropogenic use beyond access. “Preservation Reference Zone” means a zone designated within the Contract Area in accordance with Annex X bis to these Regulations that has been identified as having similar ecological characteristics to an Impact Reference Zone, and within which no mining impacts are predicted to occur, which will be used to show a representative and stable ecosystem from the sea surface to the benthic subsurface layers, and can be used to form a comparison with an Impact Reference Zone. “Protection [of the Marine Environment]” means any action or activity designed to reduce or prevent pollution, negative environmental impacts or other damage to environment, land, ecosystems, natural resources, [traditional ownership or customary use of resources, human remains and Underwater Cultural Heritage, or intangible Underwater Cultural Heritage] by human activities, including to mitigate climate change, to reduce the risk of such damage, to protect and restore biodiversity or to lead to more efficient use of natural resources, including energy-saving measures and the use of renewable sources of energy and other techniques to reduce greenhouse gas emissions and other pollutants, as well as to shift to circular economy models to reduce the use of primary materials and increase efficiencies. It also covers actions that reinforce adaptive capacity and minimise vulnerability to climate impacts. “Regulations” means the regulations on exploitation of Mineral resources in the Area, adopted by the Authority. “Rehabilitation” means an occurrence of when an ecosystem recovers characteristics of its natural state, such as the presence of its original species, functions or services. “Regional Environmental Management Plan” means a proactive spatial management strategy that anticipates exploitation and that includes the designation of areas of Particular Environmental Interest. [Where the Regulations refer to the “applicable Regional Environmental Management Plan”, this shall be understood to mean the Regional Environmental Management Plan adopted by the Council for the particular area and type of resource concerned.] “Related Parties” or “Related Party” means parties that belong to the same corporate structure, such as a parent and subsidiary company, or sister companies which are both subsidiaries of the same parent company, and a state enterprise shall be considered a “Related Party” vis-à-vis its host State party or a Contractor sponsored by its host State party unless evidence is provided that any costs, prices and revenues have been charged or determined on an arm’s-length basis. “Reserved Area” means any part of the Area designated by the Authority as a reserved area in accordance with article 8 of Annex III to the Convention. “Resources” means all solid, liquid or gaseous mineral resources, Mineral-bearing ore, associated Minerals, or mixture thereof in situ in the Area at or beneath the seabed. “Restoration” means a return to pre-disturbance conditions. “Roster of Inspectors” means [to be inserted] “Rules of the Authority” means [the Convention, the Agreement,] these Regulations and other rules, regulations and procedures of the Authority, including Standards and Guidelines as may be adopted from time to time. “Scoping Report” means [to be inserted] “Seabed Mining Register” means the registry established and maintained by the Authority in accordance with regulation 92. [“Serious Harm to the Marine Environment”] means an Environmental Effect that, individually in combination or cumulatively meets any of the following criteria:
ISA Polymetallic Nodules Exploration Regulations (2013): Regulation 3. Notification of prospecting; Regulation 6. Annual report; Regulation 21. Consideration by the Legal and Technical Commission; Regulation 33. Emergency orders; Annex I. Notification of intention to engage in prospecting; Section 2. Security of tenure 2.1 The Contractor shall have security of tenure and this contract shall not be suspended, terminated or revised except in accordance with sections 20, 21 and 24 hereof. 2.2 The Contractor shall have the exclusive right to explore for polymetallic nodules in the exploration area in accordance with the terms and conditions of this contract. The Authority shall ensure that no other entity operates in the exploration area for a different category of resources in a manner that might unreasonably interfere with the operations of the Contractor. 2.3 The Contractor, by notice to the Authority, shall have the right at any time to renounce without penalty the whole or part of its rights in the exploration area, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation in respect of the area renounced. 2.4 Nothing in this contract shall be deemed to confer any right on the Contractor other than those rights expressly granted herein. The Authority reserves the right to enter into contracts with respect to resources other than polymetallic nodules with third parties in the area covered by this contract. 36 13-40403; Section 6. Contingency plans and emergencies 6.1 The Contractor shall, prior to the commencement of its programme of activities under this contract, submit to the Secretary-General a contingency plan to respond effectively to incidents that are likely to cause serious harm or a threat of serious harm to the marine environment arising from the Contractor’s activities at sea in the exploration area. Such contingency plan shall establish special procedures and provide for adequate and appropriate equipment to deal with such incidents and, in particular, shall include arrangements for:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 19. Renunciation of rights The Contractor, by notice to the Authority, shall have the right to renounce its rights and terminate this contract without penalty, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation and those obligations required to be fulfilled after termination in accordance with the Regulations.; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:
ISA Polymetallic Sulphides Exploration Regulations (2010): Regulation 3. Notification of prospecting; Regulation 6. Annual report; Regulation 23. Consideration by the Legal and Technical Commission; Regulation 35. Emergency orders; Annex 1. Notification of intention to engage in prospecting; Section 2. Security of tenure 2.1 The Contractor shall have security of tenure and this contract shall not be suspended, terminated or revised except in accordance with sections 20, 21 and 24 hereof. 2.2 The Contractor shall have the exclusive right to explore for polymetallic sulphides in the exploration area in accordance with the terms and conditions of this contract. The Authority shall ensure that no other entity operates in the exploration area for a different category of resources in a manner that might unreasonably interfere with the operations of the Contractor. 2.3 The Contractor, by notice to the Authority, shall have the right at any time to renounce without penalty the whole or part of its rights in the exploration area, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation in respect of the area renounced. 2.4 Nothing in this contract shall be deemed to confer any right on the Contractor other than those rights expressly granted herein. The Authority reserves the right to enter into contracts with respect to resources other than polymetallic sulphides with third parties in the area covered by this contract.; Section 6. Contingency plans and emergencies 6.1 The Contractor shall, prior to the commencement of its programme of activities under this contract, submit to the Secretary-General a contingency plan to respond effectively to incidents that are likely to cause serious harm or a threat of serious harm to the marine environment arising from the Contractor’s activities at sea in the exploration area. Such contingency plan shall establish special procedures and provide for adequate and appropriate equipment to deal with such incidents and, in particular, shall include arrangements for:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 19. Renunciation of rights The Contractor, by notice to the Authority, shall have the right to renounce its rights and terminate this contract without penalty, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation and those obligations required to be fulfilled after termination in accordance with the Regulations. 46 10-63720; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:
ISA Cobalt-rich Crusts Exploration Regulations (2012): Regulation 3. Notification of prospecting; Regulation 6. Annual report; Regulation 23. Consideration by the Legal and Technical Commission; Regulation 35. Emergency orders; Annex I. Notification of intention to engage in prospecting; Section 2. Security of tenure 2.1 The Contractor shall have security of tenure and this contract shall not be suspended, terminated or revised except in accordance with sections 20, 21 and 24 hereof. 2.2 The Contractor shall have the exclusive right to explore for cobalt crusts in the exploration area in accordance with the terms and conditions of this contract. The Authority shall ensure that no other entity operates in the exploration area for a different category of resources in a manner that might unreasonably interfere with the operations of the Contractor. 2.3 The Contractor, by notice to the Authority, shall have the right at any time to renounce without penalty the whole or part of its rights in the exploration area, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation in respect of the area renounced. 2.4 Nothing in this contract shall be deemed to confer any right on the Contractor other than those rights expressly granted herein. The Authority reserves the right to enter into contracts with respect to resources other than cobalt crusts with third parties in the area covered by this contract.; Section 6. Contingency plans and emergencies 6.1 The Contractor shall, prior to the commencement of its programme of activities under this contract, submit to the Secretary-General a contingency plan to respond effectively to incidents that are likely to cause serious harm or a threat of serious harm to the marine environment arising from the Contractor’s activities at sea in the exploration area. Such contingency plan shall establish special procedures and provide for adequate and appropriate equipment to deal with such incidents and, in particular, shall include arrangements for:; Section 14. Inspection 14.1 The Contractor shall permit the Authority to send its inspectors on board vessels and installations used by the Contractor to carry out activities in the exploration area to:; Section 19. Renunciation of rights The Contractor, by notice to the Authority, shall have the right to renounce its rights and terminate this contract without penalty, provided that the Contractor shall remain liable for all obligations accrued prior to the date of such renunciation and those obligations required to be fulfilled after termination in accordance with the Regulations. 46 12-57345; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:

dispute_settlement_and_advisory_opinions (123)

Jurisdiction of the Seabed Disputes Chamber, settlement of disputes, and advisory opinions.

US Deep Seabed Hard Mineral Resources Act (DSHMRA): Section 1401. Congressional findings and declaration of purpose.; Section 1402. International objectives.; Section 1403. Definitions.; Section 1412. Licenses for exploration and permits for commercial recovery.; Section 1413. License and permit applications, review, and certification.; Section 1415. License and permit terms, conditions, and restrictions; issuance and transfer of licenses and permits.; Section 1427. Civil actions.; Section 1428. Reciprocating states.; Section 1441. Declaration of Congressional intent.; Section 1461. Prohibited acts.; Section 1463. Criminal offenses.; Section 1464. Enforcement.; Section 1465. Liability of vessels.; Section 1466. Civil forfeitures.; Section 1467. Jurisdiction of courts.
15 CFR 970 — DSM Exploration Licences (NOAA): Section 970.101. Definitions. For purposes of this part, the term:; Section 970.510. Objections to terms, conditions and restrictions.; Section 970.801. Criteria for safety of life and property at sea. Response to the safety at sea requirements in essence will involve vessel inspection requirements. These inspection requirements may be identified by reference to present laws and regulations. The primary inspection statutes pertaining to United States flag vessels are: 46 U.S.C. 86 (Loadlines); 46 U.S.C. 395 (Inspection of seagoing barges over 100 gross tons); 46 U.S.C. 367 (Inspection of sea-going motor vessels over 300 gross tons); and 46 U.S.C. 404 (Inspection of vessels above 15 gross tons carrying freight for hire). All United States flag vessels will be required to meet existing regulatory requirements applicable to such vessels. This includes the requirement for a current valid Coast Guard Certificate of Inspection, as specified in § 970.205. Being United States flag, these vessels will be under United States jurisdiction on the high seas and subject to domestic enforcement procedures. With respect to foreign flag vessels, the SOLAS 74 or SOLAS 60 certificate requirements or alternative IACS requirements, as specified in § 970.205, apply. [46 FR 45909, Sept. 15, 1981]
15 CFR 971 — DSM Commercial Recovery Permits (NOAA): Section 971.101. Definitions. For purposes of this part, the term; Section 971.411. Objections to terms, conditions and restrictions.; Section 971.701. Criteria for safety of life and property at sea. Response to the safety at sea requirements in essence will involve vessel inspection requirements, as identified by present laws and regulations. The primary inspection statutes pertaining to United States flag vessels are: 46 App. U.S.C. 86 (Loadlines) and 46 U.S.C. 3301 (Inspection of Seagoing Barges, Seagoing Motor Vessels, and Freight Vessels). United States flag vessels shall be required to meet all applicable regulatory requirements, including the requirement for a current valid Coast Guard Certificate of Inspection (pursuant to § 971.205(a) or, as applicable, pursuant to § 971.214(d)(7)(i)). United States flag vessels are under United States jurisdiction on the high seas and subject to domestic enforcement procedures. With respect to foreign flag vessels, the SOLAS 74 or SOLAS 60 certificate requirements specified in § 971.205(b), or, as applicable, specified in § 971.214(d)(7)(ii), apply. [54 FR 525, Jan. 6, 1989, as amended at 91 FR 2677, Jan. 21, 2026]; Section 971.900. Applicability. The regulations of this subpart govern the following hearings conducted by NOAA under this part and under 15 CFR part 970:; Section 971.901. Formal hearing procedures.
2011 Seabed Disputes Chamber Advisory Opinion (Case No. 17): preamble/chapeau; Paragraph 3; Paragraph 6; Paragraph 7; Paragraph 8; Paragraph 24; Paragraph 26; Paragraph 27; Paragraph 28; Paragraph 30; Paragraph 33; Paragraph 35; Paragraph 37; Paragraph 39; Paragraph 41; Paragraph 45; Paragraph 47; Paragraph 49; Paragraph 52; Paragraph 56; Paragraph 60; Paragraph 97; Paragraph 100; Paragraph 112; Paragraph 113; Paragraph 119; Paragraph 137; Paragraph 140; Paragraph 146; Paragraph 148; Paragraph 156; Paragraph 167; Paragraph 168; Paragraph 177; Paragraph 215; Paragraph 217; Paragraph 226; Paragraph 228; Paragraph 235; Paragraph 242; Paragraph 2
1994 Part XI Implementation Agreement: preamble/chapeau; Article 10. Authentic texts
UNCLOS Part XI (The Area): Article 142. Rights and legitimate interests of coastal States; Article 151. Production policies; Article 159. Composition, procedure and voting; Article 161. Composition, procedure and voting; Article 162. Powers and functions; Article 165. The Legal and Technical Commission; Article 185. Suspension of exercise of rights and privileges of membership; Article 186. Seabed Disputes Chamber of the International Tribunal for the Law of the Sea; Article 187. Jurisdiction of the Seabed Disputes Chamber; Article 188. Submission of disputes to a special chamber of the International Tribunal for the Law of the Sea or an ad hoc chamber of the Seabed Disputes Chamber or to binding commercial arbitration; Article 189. Limitation on jurisdiction with regard to decisions of the Authority; Article 190. Participation and appearance of sponsoring States Parties in proceedings; Article 191. Advisory opinions
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 1. Use of terms, [phrases] and scope 1. Terms used in the Convention shall have the same meaning in these Regulations.; Regulation 4. Rights and legitimate interests of coastal States and duty to notify 1. Nothing in these Regulations shall affect the rights and legitimate interests of coastal States under the Convention, including but not limited to article 142. 2. Applicants, contractors, as well as the Enterprise, shall take all necessary measures to ensure that their activities and foreseen activities in the Area are conducted with due regard to the rights and legitimate interests of the [relevant] [potentially affected] coastal States under the Convention and in accordance with applicable regulations and Standards and taking into account the Guidelines. 3. Without prejudice to other necessary measures taken pursuant to paragraph 2, Applicants, contractors or the Enterprise shall engage with potentially affected coastal States, including by conducting consultations, at an early stage including prior to and after submitting an application and throughout the Exploitation Contract, in accordance with these Regulations and the applicable Standards, and taking into account the Guidelines. 4. The potentially affected coastal States referred to in paragraph 3 above shall [include] / [comprise]:; Regulation 12. Rules for considering applications 1. Subject to regulation 10 concerning preference and priority among Applicants, the Commission shall examine applications in the order in which they are received by the Secretary-General and shall assess applications in accordance with this regulation and against the criteria contained in regulation 13, in order to make a report and [submit appropriate] recommendations to the Council whether the Plan of Work under application should be approved, or disapproved, pursuant to regulation 15. [1. bis Subject to paragraph 1 ter., the Commission shall commence the consideration of an application at its next meeting after its receipt of the application provided that the notifications and information pursuant to regulation 11, paragraph 2 bis have been circulated at least 90 Days prior to the commencement of that meeting of the Commission. The Commission may extend consideration of the application to its next meeting if necessary.] [1. bis. Alt. The Commission shall commence its consideration of an application within 30 Days of its receipt of the application, including via virtual and intersessional meetings in addition to its regular meetings, if necessary.]; Regulation 13. Assessment of Applicants and application; Regulation 18 ter Termination of an Exploitation Contract 1. An Exploitation Contract can only be terminated:; Regulation 30. Safety, labour and health standards 1. The Contractor shall ensure at all times that:; Regulation 40. Prevention of corruption; Regulation 89. Confidentiality of information; Regulation 93. Notice and general procedures 1. [This regulation shall apply to all Communications by and with the Authority].; Regulation 101. Complaints relating to Inspections [1. A Contractor who considers that an Inspector has acted unreasonably or outside of the scope of their powers under this Part may complain in writing to the Secretary General, who will transmit the complaint promptly to the Compliance Committee who shall consider the complaint as soon as practicable.] [1. bis A person aggrieved by an action of an Inspector [or a Contractor][or any organ or official of the Authority] under this Part may complain in writing, [providing evidence] to the Secretary General, [who shall report to the Compliance Committee [and] Chief Inspector [or where the Compliance Committee is implicated in the complaint to the Ombudsperson] to consider the complaint as soon as practicable.] [1. Alt. A Contractor or any person directly affected by the conduct of an Inspector or a Contractor in connection with inspection or compliance activities under this Part may submit a written complaint, supported by relevant evidence, to the Secretary -General. The Secretary-General shall promptly transmit the complaint to the Compliance Committee for consideration. Where the compliant involves a member of the Compliance Committee or raises concerns about the Compliance Committee impartiality, the Secretary-General shall refer the matter to the [designated Ombudsperson or another] independent mechanism established by the Council. Complaints must relate specifically to the exercise or non-exercise of powers and duties under this Part and fall within the Compliance Committee’s mandate.] [1. ter The Secretary-General shall acknowledge [receipt of a complaint made under this regulation,] in writing, [and] within 7 Days, specifying the date of receipt.]; Regulation 103. Compliance and enforcement measures by the Compliance Committee; Regulation 105 bis. Periodic Review of Inspection, Compliance and Enforcement Mechanism; Regulation 106. Settlement of disputes; Section I. Information concerning the applicant 1. Name of applicant. 2. Street address of applicant. 3. Postal address (if different from above). 4. Telephone number of applicant’s Designated Representative. 5. [omitted] 6. Email address of applicant’s Designated Representative. 7. Name of applicant’s Designated Representative.; Section III. Technical information; Annex III. Financing Plan A Financing Plan should include [supported by written [evidence]:; Annex IV. Environmental Impact Statement; Section 12. Suspension and termination of Contract and penalties 12.1 The Council may suspend or terminate this Contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:; Section 18. Disputes Any dispute between the parties concerning the interpretation or application of this Contract shall be settled in accordance with Part XII of the Regulations.; Annex XI. Parent Company Liability Statement THIS “STATEMENT” made the ... day of ... by A. [insert name of Managing Company], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Managing Company]; and B. [insert name of Contractor], with its statutory seat at [insert address and home State] and registered at [insert Chamber of Commerce or Trade Register details], represented by ..., with the authority to provide this Statement on behalf of [Contractor]; an d irrevocably and unconditionally DECLARE and REPRESENT that: Obligations of [Managing Company] 1. [Managing Company] is jointly and severally liable for any debts and liabilities of [Contractor] arising in relation to:
ISA Polymetallic Nodules Exploration Regulations (2013): preamble/chapeau; Regulation 34. Rights of coastal States; Regulation 38. Notice and general procedures; Regulation 39. Recommendations for the guidance of contractors; Regulation 40. Disputes; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:; Section 25. Disputes 25.1 Any dispute between the parties concerning the interpretation or application of this contract shall be settled in accordance with Part XI, section 5, of the Convention. 25.2 In accordance with article 21 (2) of Annex III to the Convention, any final decision rendered by a court or tribunal having jurisdiction under the Convention relating to the rights and obligations of the Authority and of the Contractor shall be enforceable in the territory of any State party to the Convention affected thereby.; Section 26. Notice 26.1 Any application, request, notice, report, consent, approval, waiver, direction or instruction hereunder shall be made by the Secretary-General or by the designated representative of the Contractor, as the case may be, in writing. Service shall be by hand, or by telex, fax, registered airmail or e-mail containing an authorized signature to the Secretary-General at the headquarters of the Authority or to the designated representative. The requirement to provide any information in writing under these Regulations is satisfied by the provision of the information in an e-mail containing a digital signature. 26.2 Either party shall be entitled to change any such address to any other address by not less than ten days’ notice to the other party. 26.3 Delivery by hand shall be effective when made. Delivery by telex shall be deemed to be effective on the business day following the day when the “answer back” appears on the sender’s telex machine. Delivery by fax shall be effective when the “transmit confirmation report” confirming the transmission to the recipient’s published fax number is received by the transmitter. Delivery by registered airmail shall be deemed to be effective 21 days after posting. An e-mail is presumed to have been received by the addressee when it enters an information system designated or used by the addressee for the purpose of receiving documents of the type sent and it is capable of being retrieved and processed by the addressee. 26.4 Notice to the designated representative of the Contractor shall constitute effective notice to the Contractor for all purposes under this contract, and the designated representative shall be the Contractor’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction. 26.5 Notice to the Secretary-General shall constitute effective notice to the Authority for all purposes under this contract, and the Secretary-General shall be the Authority’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction. 48 13-40403
ISA Polymetallic Sulphides Exploration Regulations (2010): preamble/chapeau; Regulation 36. Rights of coastal States; Regulation 40. Notice and general procedures; Regulation 41. Recommendations for the guidance of contractors; Regulation 42. Disputes; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:; Section 25. Disputes 25.1 Any dispute between the parties concerning the interpretation or application of this contract shall be settled in accordance with Part XI, section 5, of the Convention. 25.2 In accordance with article 21, paragraph 2, of Annex III to the Convention, any final decision rendered by a court or tribunal having jurisdiction under the Convention relating to the rights and obligations of the Authority and of the Contractor shall be enforceable in the territory of any State Party to the Convention affected thereby.; Section 26. Notice 26.1 Any application, request, notice, report, consent, approval, waiver, direction or instruction hereunder shall be made by the Secretary-General or by the designated representative of the Contractor, as the case may be, in writing. Service shall be by hand, or by telex, facsimile, registered airmail or electronic mail containing an authorized signature to the Secretary-General at the headquarters of the Authority or to the designated representative. The requirement to provide any information in writing under these Regulations is satisfied by the provision of the information in an electronic document containing a digital signature. 26.2 Either party shall be entitled to change any such address to any other address by not less than ten days’ notice to the other party. 26.3 Delivery by hand shall be effective when made. Delivery by telex shall be deemed to be effective on the business day following the day when the “answer back” appears on the sender’s telex machine. Delivery by facsimile shall be effective when the “transmit confirmation report” confirming the transmission to the recipient’s published facsimile number is received by the transmitter. Delivery by registered airmail shall be deemed to be effective 21 days after posting. An electronic document is presumed to have been received by the addressee when it enters an information system designated or used by the addressee for the purpose of receiving documents of the type sent and it is capable of being retrieved and processed by the addressee. 26.4 Notice to the designated representative of the Contractor shall constitute effective notice to the Contractor for all purposes under this contract, and the designated representative shall be the Contractor’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction. 26.5 Notice to the Secretary-General shall constitute effective notice to the Authority for all purposes under this contract, and the Secretary-General shall be the Authority’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction.
ISA Cobalt-rich Crusts Exploration Regulations (2012): preamble/chapeau; Regulation 36. Rights of coastal States; Regulation 40. Notice and general procedures; Regulation 41. Recommendations for the guidance of contractors; Regulation 42. Disputes; Section 21. Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur:; Section 25. Disputes 25.1 Any dispute between the parties concerning the interpretation or application of this contract shall be settled in accordance with Part XI, section 5, of the Convention. 25.2 In accordance with article 21 (2) of annex III to the Convention, any final decision rendered by a court or tribunal having jurisdiction under the Convention relating to the rights and obligations of the Authority and of the Contractor shall be enforceable in the territory of any State party to the Convention affected thereby.; Section 26. Notice 26.1 Any application, request, notice, report, consent, approval, waiver, direction or instruction hereunder shall be made by the Secretary-General or by the designated representative of the Contractor, as the case may be, in writing. Service shall be by hand, or by telex, fax, registered airmail or e-mail containing an authorized signature to the Secretary-General at the headquarters of the Authority or to the designated representative. The requirement to provide any information in writing under these Regulations is satisfied by the provision of the information in an electronic document containing a digital signature. 26.2 Either party shall be entitled to change any such address to any other address by not less than ten days’ notice to the other party. 26.3 Delivery by hand shall be effective when made. Delivery by telex shall be deemed to be effective on the business day following the day when the “answer back” appears on the sender’s telex machine. Delivery by fax shall be effective when the “transmit confirmation report” confirming the transmission to the recipient’s published fax number is received by the transmitter. Delivery by registered airmail shall be deemed to be effective 21 days after posting. An e-mail is presumed to have been received by the addressee when it enters an information system designated or used by the addressee for the purpose of receiving documents of the type sent and it is capable of being retrieved and processed by the addressee. 26.4 Notice to the designated representative of the Contractor shall constitute effective notice to the Contractor for all purposes under this contract, and the designated representative shall be the Contractor’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction. 26.5 Notice to the Secretary-General shall constitute effective notice to the Authority for all purposes under this contract, and the Secretary-General shall be the Authority’s agent for the service of process or notification in any proceeding of any court or tribunal having jurisdiction.

privileges_immunities_and_legal_status (13)

Legal status, privileges and immunities of the Authority, the Enterprise and connected persons.

UNCLOS Part XI (The Area): Article 135. Legal status of the superjacent waters and air space; Article 137. Legal status of the Area and its resources; Article 155. The Review Conference; Article 170. The Enterprise; Article 175. Annual audit; Article 176. Legal status; Article 177. Privileges and immunities; Article 178. Immunity from legal process; Article 179. Immunity from search and any form of seizure; Article 180. Exemption from restrictions, regulations, controls and moratoria; Article 181. Archives and official communications of the Authority; Article 182. Privileges and immunities of certain persons connected with the Authority; Article 183. Exemption from taxes and customs duties

review_and_amendment (48)

Periodic review, the Review Conference, and procedures for amending the regime.

US Deep Seabed Hard Mineral Resources Act (DSHMRA): Section 1468. Regulations.
15 CFR 970 — DSM Exploration Licences (NOAA): Section 970.101. Definitions. For purposes of this part, the term:; Section 970.213. Amendment to an application. After an application has been submitted to the Administrator, but before a determination is made on the issuance or transfer of a license, the applicant must submit an amendment to the application if required by a significant change in the circumstances represented in the original application and affecting the requirements of this subpart. Applicants should consult with NOAA to determine if changes in circumstances are sufficiently significant to require submission of an amendment. The application, as amended, would then serve as the basis for determinations by the Administrator under this part. For each amendment judged by the Administrator to be significant, he will provide a copy of such amendment to each other Federal agency and department which received a copy of the original application, and also will provide for public notice, hearing and comment on the amendment pursuant to § 970.212. Such amendment, however, will not affect the priority of right established by the filing of the original application. After the issuance of or transfer of a license, any revision by the licensee will be made pursuant to § 970.513.; Section 970.300. Purposes and definitions.; Section 970.302. Procedures and criteria for resolving conflicts.; Section 970.303. Procedures for new entrants.; Section 970.304. Action on portions of applications or amendments not in conflict. If an applicant so requests, the Administrator will proceed in accordance with this part to review that portion of an area included in an application or amendment that is not involved in a conflict. However, the Administrator will proceed with such review only if the applicant advises the Administrator in writing that the applicant will continue to seek a license for the proposed exploration activities in the portion of the application area that is not in conflict. To the extent practicable, the deadlines for certification of an application or amendment and issuance of a license provided in §§ 970.400 and 970.500, respectively, will run from the date of filing of the original application.; Section 970.900. Other applicable regulations. The regulations in subparts H, I and J of 15 CFR part 971 are consolidated regulations and are applicable both to licenses under this part and to permits under 15 CFR part 971. The regulations in subparts H, I and J of part 971 govern records to be maintained and information to be submitted by licensees and permittees, public disclosure of documents received by NOAA, relinquishment and surrender of licenses and permits, amendment of regulations, competition of time, uniform hearing procedures, and enforcement under the Act. [54 FR 548, Jan. 6, 1989] Subparts J-W [Reserved]
15 CFR 971 — DSM Commercial Recovery Permits (NOAA): Section 971.213. Amendment to an application. After an application has been submitted to the Administrator, but before a determination is made on the issuance or transfer of a permit, the applicant must submit an amendment to the application if there is a significant change in the circumstances represented in the original application which affects the requirements of this subpart. Applicants should consult with NOAA to determine if changes in circumstances are sufficiently significant to require submission of an amendment. The application, as amended, would then serve as the basis for determinations by the Administrator under this part. For each amendment judged by the Administrator to be significant, the Administrator will provide a copy of that amendment to each other Federal agency and department which received a copy of the original application, and also will provide for public notice, hearing and comment on the amendment pursuant to § 971.212. After the issuance or transfer of a permit, any revision of the permit will be made pursuant to; Section 971.413. . Any amendment or modification which would cause coastal zone effects substantially different than. those originally reviewed by the state agency would be subject to Federal consistency review as prescribed in 15 CFR part 930.; Section 971.804. Amendment to regulations for conservation, protection of the environment, and. safety of life and property at sea. The Administrator may amend the regulations in this part and 15 CFR part 970 at any time as the Administrator determines to be necessary and appropriate in order to provide for the conservation of natural resources, protection of the environment, or the safety of life and property at sea. The amended regulations will apply to all exploration or commercial recovery activities conducted under any license or permit issued or maintained pursuant to this part or 15 CFR part 970, except that amended regulations which provide for conservation of natural resources will apply to activities conducted under an existing license or permit during the present term of that license or permit only if the Administrator determines that the amended regulations providing for conservation of natural resources will not impose serious or irreparable economic hardship on the licensee or permittee. Any amendment to regulations under this section will be made pursuant to the procedures in subpart I of this part.
1994 Part XI Implementation Agreement: Article 10. Authentic texts
UNCLOS Part XI (The Area): Article 151. Production policies; Article 154. Periodic review; Article 155. The Review Conference; Article 160. Powers and functions; Article 161. Composition, procedure and voting; Article 162. Powers and functions; Article 165. The Legal and Technical Commission
Draft Exploitation Regulations / Mining Code — Dec 2025 consolidated draft [DRAFT]: Regulation 11. Publication, notification, and review of the Application 1. The Secretary-General shall, within 7 Days after determining that an application for the approval of a Plan of Work is ready to progress pursuant to regulation 10, [taking into account the confidentiality of the data, place the Environmental Plans and all non confidential parts of Test Mining Report, if applicable submitted, including any supporting material on the Authority’s website for a period of consideration of an application by the Authority, and]consult with all States and Stakeholders in accordance with regulation 93ter on the application[, Environmental Plans and the non-confidential parts of all other documents accompanying the application pursuant to regulation 7]. 2. The Applicant shall consider the comments provided pursuant to paragraph 1 when fulfilling the requirement at regulation 93ter, paragraph 9. The Applicant shall submit any revised documentation and the written response to consultation as required by regulation 93ter, paragraph 9 to the Secretary-General [Alt. 1 within a period of 60 Days following the close of the comment period or such longer period as determined by the Secretary-General following a request by the Applicant. The Secretary-General may extend this time period [for a further 30 Days], upon a reasonable request by the Applicant to revise the plans or responses. Notice of the extension of the period shall be posted on the Authority’s website] [Alt. 2 in a timely manner].; Regulation 12. Rules for considering applications 1. Subject to regulation 10 concerning preference and priority among Applicants, the Commission shall examine applications in the order in which they are received by the Secretary-General and shall assess applications in accordance with this regulation and against the criteria contained in regulation 13, in order to make a report and [submit appropriate] recommendations to the Council whether the Plan of Work under application should be approved, or disapproved, pursuant to regulation 15. [1. bis Subject to paragraph 1 ter., the Commission shall commence the consideration of an application at its next meeting after its receipt of the application provided that the notifications and information pursuant to regulation 11, paragraph 2 bis have been circulated at least 90 Days prior to the commencement of that meeting of the Commission. The Commission may extend consideration of the application to its next meeting if necessary.] [1. bis. Alt. The Commission shall commence its consideration of an application within 30 Days of its receipt of the application, including via virtual and intersessional meetings in addition to its regular meetings, if necessary.]; Regulation 14. Amendments to the proposed Plan of Work; Regulation 20. Term and extension of Exploitation Contracts; Regulation 25 Alt. Documents to be submitted prior to production; Regulation 28. Maintaining Commercial Production; Regulation 44 ter Environmental Goal and Objectives; Regulation 52. Performance assessments of the Environmental Management and Monitoring Plan; Regulation 55. Purpose of the Environmental Compensation Fund [1. The purpose of the ECF is to provide adequate compensation for any damage arising from activities conducted under an Exploitation Contract in cases where a Contractor does not meet its liability in full, and where all other options under these Regulations for claiming compensation from the Contractor have been exhausted, while the Sponsoring State is not liable under article 139, paragraph 2, of the Convention. Compensation includes the costs of reasonable measures undertaken to prevent, limit, or remedy damage to the Marine Environment [, as well as those related to restitution, Restoration and Rehabilitation]. 2. The operation of the ECF shall be subject to periodic review.]; Regulation 60. Final Closure Plan: Cessation of [Commercial] Production; Regulation 71. Information to be submitted; Regulation 90. Procedures to ensure confidentiality; Regulation 22 and Instruments of Transfer or Assignment in accordance with regulation 23;; Regulation 94. Adoption of Standards; Regulation 95. Issuance of Guidelines; Section 4. Periodic review of inspection, compliance and enforcement mechanism; Regulation 105 bis. Periodic Review of Inspection, Compliance and Enforcement Mechanism; Regulation 107. Review of these Regulations [1. Five years following [Alt. 1 the approval of these Regulations by the Assembly] [Alt. 2 the signature of the first Exploitation Contract] [Alt. 3 the first date of commencement of Commercial Production], the Council shall undertake a comprehensive review of the manner in which these Regulations have operated in practice and may also reasonably undertake such a review at any time thereafter.] [1. Alt. The Council shall take a full review of these Regulations. This review shall, at least, include:; Annex IX. Exploitation Contract and schedules THIS CONTRACT made the … day of … between the INTERNATIONAL SEABED AUTHORITY represented by its SECRETARY-GENERAL (hereinafter referred to as “the Authority”) and … represented by … (hereinafter referred to as “the Contractor”) WITNESSETH as follows: A. Incorporation of clauses The standard clauses set out in Annex X to the Regulations on exploitation of Resources in the Area shall be incorporated herein and shall have effect as if herein set out at length. B. Contract Area For the purposes of this Contract, the “Contract Area” means that part of the Area allocated to the Contractor for Exploitation, defined by the coordinates listed in schedule 1 hereto. C. Grant of rights In consideration of (a) their mutual interest in the conduct of Exploitation in the Contract Area pursuant to the United Nations Convention on the Law of the Sea of 10 December 1982 and the Agreement relating to the Implementation of Part XI of the Convention, (b) the rights and responsibility of the Authority to organize and control activities in the Area, particularly with a view to administering the Resources of the Area, in accordance with the legal regime established in Part XI of the Convention and the Agreement and Part XII of the Convention, respectively, and (c) the interest and financial commitment of the Contractor in conducting activities in the Contract Area and the mutual covenants made herein, the Authority hereby grants to the Contractor the exclusive right to Explore for and Exploit [specified Resource category] in the Contract Area in accordance with the terms and conditions of this Contract. D. Entry into force and Contract term This Contract shall enter into force on signature by both parties and, subject to the standard clauses, shall remain in force for an initial period of [x] years thereafter unless the Contract is sooner terminated, provided that this Contract may be renewed in accordance with the Regulations. E. Entire agreement This Contract expresses the entire agreement between the parties, and no oral understanding or prior writing shall modify the terms hereof. F. Languages This Contract will be provided and executed in the [ … and] English language[s] [and both texts are valid]. IN WITNESS WHEREOF the undersigned, being duly authorized thereto by the respective parties, have signed this Contract at …, this … day of …. The Schedules to the Exploitation Contract
ISA Polymetallic Nodules Exploration Regulations (2013): preamble/chapeau; Regulation 28. Periodic review of the implementation of the plan of work for exploration; Regulation 31. Protection and preservation of the marine environment; Regulation 42. Review
ISA Polymetallic Sulphides Exploration Regulations (2010): Regulation 30. Periodic review of the implementation of the plan of work for exploration; Regulation 33. Protection and preservation of the marine environment; Regulation 44. Review
ISA Cobalt-rich Crusts Exploration Regulations (2012): Regulation 30. Periodic review of the implementation of the plan of work for exploration; Regulation 33. Protection and preservation of the marine environment; Regulation 44. Review

us_non_unclos_parallel_regime (184)

Provisions of the US DSHMRA/OCSLA track operating outside the ISA regime (national parallel track).

US Deep Seabed Hard Mineral Resources Act (DSHMRA): Section 1401. Congressional findings and declaration of purpose.; Section 1402. International objectives.; Section 1403. Definitions.; Section 1411. Prohibited activities by United States citizens.; Section 1412. Licenses for exploration and permits for commercial recovery.; Section 1413. License and permit applications, review, and certification.; Section 1414. License and permit fees.; Section 1415. License and permit terms, conditions, and restrictions; issuance and transfer of licenses and permits.; Section 1416. Denial of certification of applications and of issuance, transfer, suspension, and revocation of licenses and permits; suspension and modification of activities.; Section 1417. Duration of licenses and permits.; Section 1418. Diligence requirements.; Section 1419. Protection of the environment.; Section 1420. Conservation of natural resources.; Section 1421. Prevention of interference with other uses of the high seas.; Section 1422. Safety of life and property at sea.; Section 1423. Records, audits, and public disclosure.; Section 1424. Monitoring of activities of licensees and permittees.; Section 1425. Relinquishment, surrender, and transfer of licenses and permits.; Section 1426. Public notice and hearings.; Section 1427. Civil actions.; Section 1428. Reciprocating states.; Section 1441. Declaration of Congressional intent.; Section 1442. Effect of international agreement.; Section 1443. Protection of interim investments.; Section 1444. Disclaimer of obligation to pay compensation.; Section 1461. Prohibited acts.; Section 1462. Civil penalties.; Section 1464. Enforcement.; Section 1466. Civil forfeitures.; Section 1468. Regulations.; Section 1470. Authorization of appropriations.
15 CFR 970 — DSM Exploration Licences (NOAA): Section 970.100. Purpose.; Section 970.101. Definitions. For purposes of this part, the term:; Section 970.102. Nature of licenses.; Section 970.103. Prohibited activities and restrictions.; Section 970.200. General.; Section 970.201. Statement of financial resources.; Section 970.202. Statement of technological experience and capabilities.; Section 970.203. Exploration plan.; Section 970.204. Environmental and use conflict analysis.; Section 970.207. Antitrust information.; Section 970.208. Fee.; Section 970.209. Substantial compliance with application requirements.; Section 970.210. Reasonable time for full compliance. Priority of right shall not be lost in case of any application filed which is in substantial but not full compliance, as specified in § 970.209, if the Administrator determines that the applicant, within 60 days after issuance to the applicant by the Administrator of written notice that the application is in substantial but not full compliance, has brought the application into full compliance with the requirements, as applicable, of §§ 970.201 through 970.208 or § 971.214(d) of this chapter. [91 FR 2672, Jan. 21, 2026]; Section 970.211. Consultation and cooperation with Federal agencies.; Section 970.209. , for purposes of establishing priority of right. However, pursuant to section 103(e) of the Act,. NOAA will cooperate with such agencies and with the applicant with the goal of resolving the concerns raised and satisfying the statutory responsibilities of these agencies. [46 FR 45898, Sept. 15, 1981, as amended at 47 FR 11513, Mar. 17, 1982]; Section 970.212. Public notice, hearing and comment.; Section 970.213. Amendment to an application. After an application has been submitted to the Administrator, but before a determination is made on the issuance or transfer of a license, the applicant must submit an amendment to the application if required by a significant change in the circumstances represented in the original application and affecting the requirements of this subpart. Applicants should consult with NOAA to determine if changes in circumstances are sufficiently significant to require submission of an amendment. The application, as amended, would then serve as the basis for determinations by the Administrator under this part. For each amendment judged by the Administrator to be significant, he will provide a copy of such amendment to each other Federal agency and department which received a copy of the original application, and also will provide for public notice, hearing and comment on the amendment pursuant to § 970.212. Such amendment, however, will not affect the priority of right established by the filing of the original application. After the issuance of or transfer of a license, any revision by the licensee will be made pursuant to § 970.513.; Section 970.300. Purposes and definitions.; Section 970.301. Requirements for applications based on pre-enactment exploration.; Section 970.302. Procedures and criteria for resolving conflicts.; Section 970.303. Procedures for new entrants.; Section 970.304. Action on portions of applications or amendments not in conflict. If an applicant so requests, the Administrator will proceed in accordance with this part to review that portion of an area included in an application or amendment that is not involved in a conflict. However, the Administrator will proceed with such review only if the applicant advises the Administrator in writing that the applicant will continue to seek a license for the proposed exploration activities in the portion of the application area that is not in conflict. To the extent practicable, the deadlines for certification of an application or amendment and issuance of a license provided in §§ 970.400 and 970.500, respectively, will run from the date of filing of the original application.; Section 970.400. General.; Section 970.401. Financial responsibility.; Section 970.402. Technological capability.; Section 970.403. Previous license and permit obligations. In order to certify an application, the Administrator must find that the applicant has satisfactorily fulfilled all past obligations under any license or permit previously issued or transferred to the applicant under the Act.; Section 970.404. Adequate exploration plan. Before he may certify an application, the Administrator must find that the proposed exploration plan of the applicant meets the requirements of § 970.203.; Section 970.405. Appropriate exploration site size and location. Before the Administrator may certify an application, he must approve the size and location of the exploration area selected by the applicant. The Administrator will approve the size and location of the area unless he determines that the area is not a logical mining unit pursuant to § 970.601.; Section 970.406. Fee payment. Before the Administrator may certify an application, he must find that the applicant has paid the license fee as specified in § 970.208.; Section 970.407. Denial of certification.; Section 970.408. Notice of certification. Upon making a final determination to certify an application for an exploration license, the Administrator will promptly send written notice of his determination to the applicant.; Section 970.500. General.; Section 970.501. Proposal to issue or transfer and of terms, conditions and restrictions.; Section 970.502. Consultation and cooperation with Federal agencies. Prior to the issuance or transfer of an exploration license, the Administrator will continue the consultation and cooperation with other Federal agencies which were initiated pursuant to § 970.211. This consultation will be to assure compliance with, among other statutes, the Endangered Species Act of 1973, as amended, the Marine Mammal Protection Act of 1972, as amended, and the Fish and Wildlife Coordination Act. He also will consult, prior to any issuance, transfer, modification or renewal of a license, with any affected Regional Fishery Management Council established pursuant to section 302 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1852) if the activities undertaken pursuant to such license could adversely affect any fishery within the Fishery Conservation Zone, or any anadromous species or Continental Shelf fishery resource subject to the exclusive management authority of the United States beyond such zone.; Section 970.503. Freedom of the high seas.; Section 970.504. International obligations of the United States. Before issuing or transferring an exploration license, the Administrator must find that the exploration proposed in the application will not conflict with any international obligation of the United States established by any treaty or international convention in force with respect to the United States.; Section 970.505. Breach of international peace and security involving armed conflict. Before issuing or transferring an exploration license, the Administrator must find that the exploration proposed in the application will not create a situation which may reasonably be expected to lead to a breach of international peace and security involving armed conflict.; Section 970.506. Environmental effects. Before issuing or transferring an exploration license, the Administrator must find that the exploration proposed in the application cannot reasonably be expected to result in a significant adverse effect on the quality of the environment, taking into account the analyses and information in any applicable EIS prepared pursuant to section 109(c) or 109(d) of the Act. This finding also will be based upon the considerations and approach in § 970.701.; Section 970.507. Safety at sea. Before issuing or transferring an exploration license, the Administrator must find that the exploration proposed in the application will not pose an inordinate threat to the safety of life and property at sea. This finding will be based on the requirements reflected in §§ 970.205 and 970.801.; Section 970.508. Denial of issuance or transfer.; Section 970.509. Notice of issuance or transfer. If the Administrator finds that the requirements of this part have been met, he will issue or transfer the license along with the appropriate terms, conditions and restrictions. Notification thereof will be made in writing to the applicant and in the FEDERAL REGISTER.; Section 970.510. Objections to terms, conditions and restrictions.; Section 970.511. Suspension or modification of activities; suspension or revocation of licenses.; Section 970.512. Modification of terms, conditions and restrictions.; Section 970.513. Revision of a license.; Section 970.514. Scale requiring application procedures.; Section 970.515. Duration of a license.; Section 970.516. Approval of license transfers.; Section 970.517. Diligence requirements. The terms, conditions and restrictions in each exploration license must include provisions to assure diligent development. The Administrator will establish these pursuant to § 970.602.; Section 970.518. Environmental protection requirements.; Section 970.519. Resource conservation requirements. For the purpose of conservation of natural resources, each license issued under this part will contain, as needed, terms, conditions and restrictions which have due regard for the prevention of waste and the future opportunity for the commercial recovery of the unrecovered balance of the hard mineral resources in the license area. The Administrator will establish these pursuant to § 970.603.; Section 970.520. Freedom of the high seas requirements. Each license issued under this part must include such restrictions as may be necessary and appropriate to ensure that the exploration activities do not unreasonably interfere with the interests of other nations in their exercise of the freedoms of the high seas, as recognized under general principles of international law, such as fishing, navigation, submarine pipeline and cable laying, and scientific research. The Administrator will consider the provisions in § 970.503 in establishing these restrictions.; Section 970.521. Safety at sea requirements. The Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator, will require in any license issued under this part, in conformity with principles of international law, that vessels documented under the laws of the United States and used in activities authorized under the license comply with conditions regarding the design, construction, alteration, repair, equipment, operation, manning and maintenance relating to vessel and crew safety and the promotion of safety of life and property at sea. These requirements will be established with reference to subpart H of this part.; Section 970.522. Monitoring requirements. Each exploration license must require the licensee:; Section 970.523. Special terms, conditions, and restrictions. Although the general criteria and standards to be used in establishing terms, conditions, and restrictions for a license are set forth in this part, as referenced in §§ 970.517 through 970.522, the Administrator may impose special terms, conditions, and restrictions for the conservation of natural resources, protection of the environment, or the safety of life and property at sea when required by differing physical and environmental conditions.; Section 970.524. Other Federal requirements. Pursuant to § 970.211, another Federal agency, upon review of an exploration license application submitted under this part, may indicate how terms, conditions, and restrictions might be added to the license, to assure compliance with any law or regulation within that agency's area of responsibility. In response to the intent, reflected in section 103(e) of the Act, to reduce the number of separate actions to satisfy the statutory responsibilities of these agencies, the Administrator may include such terms, conditions, and restrictions in a license.; Section 970.600. General. Several provisions in the Act relate to appropriate mining techniques or mining efficiency. These raise what could be characterized as resource development issues. In particular, under section 103(a)(2)(D) of the Act, the applicant will select the size and location of the area of an exploration plan, which will be approved unless the Administrator finds that the area is not a “logical mining unit.” Also, pursuant to section 108 of the Act the applicant's exploration plan and the terms, conditions and restrictions of each license must be designed to ensure diligent development. In addition, for the purpose of conservation of natural resources, section 110 of the Act provides that each license is to contain, but only as needed, terms, conditions, and restrictions which have due regard for the prevention of waste and the future opportunity for the commercial recovery of the unrecovered balance of the resources.; Section 970.601. Logical mining unit.; Section 970.602. Diligent exploration.; Section 970.603. Conservation of resources.; Section 970.700. General. Congress, in authorizing the exploration for hard mineral resources under the Act, also enacted provisions relating to the protection of the marine environment from the effects of exploration activities. For example, before the Administrator may issue a license, pursuant to section 105(a)(4) of the Act he must find that the exploration proposed in an application cannot reasonably be expected to result in a significant adverse effect on the quality of the environment. Also, the Act requires in section 109(b) that each license issued by the Administrator must contain such terms, conditions and restrictions which prescribe the actions the licensee must take in the conduct of exploration activities to assure protection of the environment. Furthermore, the Act in section 105(c)(1)(B) provides for the modification by the Administrator of any term, condition or restriction if relevant data and other information indicates that modification is required to protect the quality of the environment. In addition, section 114 of the Act specifies that each license issued under the Act must require the licensee to monitor the environmental effects of the exploration activities in accordance with guidelines issued by the Administrator, and to submit such information as the Administrator finds to be necessary and appropriate to assess environmental impacts and to develop and evaluate possible methods of mitigating adverse environmental effects.; Section 970.701. Significant adverse environmental effects.; Section 970.702. Monitoring and mitigation of environmental effects.; Section 970.800. General. The Act contains requirements, in the context of several decisions, that relate to assuring the safety of life and property at sea. For instance, before the Administrator may issue a license, section 105(a)(5) of the Act requires that he find that the proposed exploration will not pose an inordinate threat to the safety of life and property at sea. Also, under section 112(a) of the Act the Coast Guard, in consultation with NOAA, must require in any license or permit issued under the Act, in conformity with principles of international law, that vessels documented in the United States and used in activities authorized under the license comply with conditions regarding the design, construction, alteration, repair, equipment, operation, manning and maintenance relating to vessel and crew safety and the safety of life and property at sea. In addition, under section 105(c)(1)(B) of the Act, the Administrator may modify terms, conditions and restrictions for a license if required to promote the safety of life and property at sea. [46 FR 45909, Sept. 15, 1981]; Section 970.900. Other applicable regulations. The regulations in subparts H, I and J of 15 CFR part 971 are consolidated regulations and are applicable both to licenses under this part and to permits under 15 CFR part 971. The regulations in subparts H, I and J of part 971 govern records to be maintained and information to be submitted by licensees and permittees, public disclosure of documents received by NOAA, relinquishment and surrender of licenses and permits, amendment of regulations, competition of time, uniform hearing procedures, and enforcement under the Act. [54 FR 548, Jan. 6, 1989] Subparts J-W [Reserved]; Section 970.2402. Notice of pre-enactment exploration.; Section 970.2501. Notice of pre-license exploration voyages.; Section 970.2502. Post voyage report. Within 30 days of the conclusion of each exploration voyage, the United States citizen engaging in the voyage shall submit to NOAA a report containing any environmental data or information obtained during that voyage.; Section 970.2503. Suspension of exploration activities.; Section 970.2601. Additional information. Any United States citizen filing notice under § 970.2402 or § 970.2501 of this part shall provide such additional information as the Administrator may require as necessary and appropriate to implement section 101 of the Act. [45 FR 76662, Nov. 20, 1980]
15 CFR 971 — DSM Commercial Recovery Permits (NOAA): Section 971.100. Purpose. The purpose of this part is to implement the responsibilities and authorities of the Administrator of the National Oceanic and Atmospheric Administration (NOAA) pursuant to Public Law 96-283, the Deep Seabed Hard Mineral Resources Act (the Act), to issue to eligible United States citizens permits for the commercial recovery of deep seabed hard minerals.; Section 971.101. Definitions. For purposes of this part, the term; Section 971.102. Nature of permits.; Section 971.103. Prohibited activities and restrictions.; Section 971.200. General.; Section 971.201. Statement of financial resources.; Section 971.202. Statement of technological experience and capabilities.; Section 971.203. Commercial recovery plan.; Section 971.204. Environmental and use conflict analysis.; Section 971.205. Vessel safety and documentation. In order to provide a basis for the necessary determinations with respect to the safety of life and property at sea, pursuant to § 971.407, § 971.422 and Subpart G of this part, the application must contain the following information for vessels used in commercial recovery, except for those vessels under 300 gross tons which are engaged in oceanographic research:; Section 971.206. Statement of ownership.; Section 971.208. Fee.; Section 971.209. Processing outside the United States.; Section 971.210. Determination whether application is complete for further processing. Upon receipt of an application, the Administrator will review it to determine whether it includes information specifically identifiable with and fully responsive to each requirement in § 971.201 through § 971.209. The Administrator will notify the applicant whether the application is complete within 60 days after it is received. The notice will identify, if applicable, in what respects the application is not complete, and will specify the information which the applicant must submit in order to make it complete, why the additional information is necessary, and a reasonable date by which the application must be completed. Application processing will not begin until the Administrator determines that the application is complete.; Section 971.211. Consultation and cooperation with Federal agencies.; Section 971.212. Public notice, hearing and comment.; Section 971.213. Amendment to an application. After an application has been submitted to the Administrator, but before a determination is made on the issuance or transfer of a permit, the applicant must submit an amendment to the application if there is a significant change in the circumstances represented in the original application which affects the requirements of this subpart. Applicants should consult with NOAA to determine if changes in circumstances are sufficiently significant to require submission of an amendment. The application, as amended, would then serve as the basis for determinations by the Administrator under this part. For each amendment judged by the Administrator to be significant, the Administrator will provide a copy of that amendment to each other Federal agency and department which received a copy of the original application, and also will provide for public notice, hearing and comment on the amendment pursuant to § 971.212. After the issuance or transfer of a permit, any revision of the permit will be made pursuant to; Section 971.413. . Any amendment or modification which would cause coastal zone effects substantially different than. those originally reviewed by the state agency would be subject to Federal consistency review as prescribed in 15 CFR part 930.; Section 971.214. Consolidated license and permit procedures.; Section 971.211. and determining in writing that:.; Section 971.300. General.; Section 971.301. Required findings. Before the Administrator may certify an application for a commercial recovery permit, the Administrator must:; Section 971.302. Denial of certification.; Section 971.303. Notice of certification. Upon making a final determination to certify an application for a commercial recovery permit, the Administrator will promptly send written notice of the determination to the applicant.; Section 971.400. General.; Section 971.401. Proposal to issue or transfer and proposed terms, conditions and restrictions.; Section 971.402. Consultation and cooperation with Federal and State agencies. Before issuance or transfer of a commercial recovery permit, the Administrator will conclude any consultations in cooperation with other Federal and State agencies which were initiated pursuant to §§ 971.211 and 971.200(g). These consultations will be held to assure compliance with, as applicable and among other statutes, the Endangered Species Act of 1973, as amended, the Marine Mammal Protection Act of 1972, as amended, the Fish and Wildlife Coordination Act, and the Coastal Zone Management Act of 1972, as amended. The Administrator also will consult, before any issuance, transfer, modification or renewal of a permit, with any affected Regional Fishery Management Council established pursuant to section 302 of the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1852) if the activities undertaken pursuant to the permit could adversely affect any fishery within the Fishery Conservation Zone (now known as the Exclusive Economic Zone), or any anadromous species or Continental Shelf fishery resource subject to the exclusive management authority of the United States beyond that zone.; Section 971.403. Freedom of the high seas.; Section 971.404. International obligations of the United States. Before issuing or transferring a commercial recovery permit, the Administrator must find that the commercial recovery proposed in the application will not conflict with any international obligation of the United States established by any treaty or international convention in force with respect to the United States.; Section 971.405. Breach of international peace and security involving armed conflict. Before issuing or transferring a commercial recovery permit, the Administrator must find that the recovery proposed in the application will not create a situation which may reasonably be expected to lead to a breach of international peace and security involving armed conflict.; Section 971.406. Environmental effects. Before issuing or transferring a commercial recovery permit, the Administrator must find that the commercial recovery proposed in the application cannot reasonably be expected to result in a significant adverse environmental effect, taking into account the analyses and information in any applicable EIS and any TCRs associated with the permit. This finding also will be based upon the requirements in subpart F. However, as also noted in subpart F, if a determination on this question cannot be made on the basis of available information, and it is found that irreparable harm will not occur during a period when an approved monitoring program is undertaken to further examine the significant adverse environmental effect issue, a permit may be granted, subject to modification or suspension and, if necessary and appropriate, revocation pursuant to § 971.417(a), or subject to emergency suspension pursuant to; Section 971.407. Safety at sea. Before issuing or transferring a commercial recovery permit, the Administrator shall find that the commercial recovery proposed in the application shall not pose an inordinate threat to the safety of life and property at sea. This finding shall be based on the requirements in § 971.205, or as applicable, § 971.214(d)(7), and subpart G of this part. [91 FR 2676, Jan. 21, 2026]; Section 971.408. Processing outside the United States.; Section 971.409. Denial of issuance or transfer.; Section 971.410. Notice of issuance or transfer. If the Administrator finds that the requirements of this subpart have been met, he will issue or transfer the permit along with the appropriate TCRs. Notice of issuance or transfer will be made in writing to the applicant and published in the FEDERAL REGISTER.; Section 971.411. Objections to terms, conditions and restrictions.; Section 971.412. Changes in permits and permit terms, conditions, and restrictions.; Section 971.214. (e);.; Section 971.413. Revision of a permit.; Section 971.414. Modification of permit terms, conditions, and restrictions.; Section 971.415. Duration of a permit.; Section 971.416. Approval of permit transfers.; Section 971.417. Suspension or modification of activities; suspension or revocation of permits.; Section 971.418. Diligence requirements. The TCRs in each commercial recovery permit must include provisions to assure diligent development consistent with § 971.503, including a requirement that recovery at commercial scale be underway within ten years from the date of permit issuance unless that deadline is extended by the Administrator for good cause.; Section 971.419. Environmental protection requirements.; Section 971.420. Resource conservation requirements. For the purpose of conservation of natural resources, each permit issued under this part will contain, as needed, TCRs which have due regard for the prevention of waste and the future opportunity for the commercial recovery of the unrecovered balance of the hard mineral resources in the recovery area. The Administrator will establish these requirements pursuant to § 971.502.; Section 971.421. Freedom of the high seas requirements. Each permit issued under this part must include appropriate restrictions to ensure that commercial recovery activities do not unreasonably interfere with the interests of other nations in their exercise of the freedoms of the high seas, as recognized under general principles of international law. The Administrator will consider the factors in; Section 971.422. Safety at sea requirements. The Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator, will require in any permit issued under this part, in conformity with principles of international law, that vessels documented under the laws of the United States and used in activities authorized under the permit comply with conditions regarding design, construction, alteration, repair, equipment, operation, manning and maintenance relating to vessel and crew safety and the promotion of safety of life and property at sea. These requirements will be established with reference to subpart G of this part.; Section 971.423. Best available technology. The Administrator will require in all activities under new permits, and wherever practicable in activities under existing permits, the use of the best available technologies for the protection of safety, health, and the environment wherever such activities would have a significant adverse effect on safety, health, or the environment, (see §§ 971.203(b)(3), 971.602(f), and 971.604(a)), except where the Administrator determines that the incremental benefits are clearly insufficient to justify the incremental costs of using such technologies.; Section 971.424. Monitoring requirements. Each commercial recovery permit will require the permittee:; Section 971.425. Changes of circumstances. Each permit must require the permittee to advise the Administrator of any changes of circumstances which might constitute a revision which would be a major change under § 971.412(c). Changes in ownership, financing, and use conflicts are examples, as are technology or methodology changes including those which might result in significant adverse environmental effects.; Section 971.426. Annual report and records maintenance. Each permit will require the permittee to submit an annual report and maintain information in accordance with § 971.801 including compliance with the commercial recovery plan and the quantities of hard mineral resources recovered and the disposition of such resources.; Section 971.427. Processing outside the United States. If appropriate TCRs will incorporate provisions to implement the decision of the Administrator regarding the return of resources processed outside the United States, in accordance with § 971.408.; Section 971.429. Special terms, conditions and restrictions. Although the general criteria and standards to be used in establishing TCRs for a permit are set forth in this part, as referenced in §§ 971.418 through 971.428, the Administrator may impose special TCRs for the conservation of natural resources, protection of the environment, or the safety of life and property at sea when required by differing physical and environmental conditions.; Section 971.430. Other Federal requirements. Pursuant to § 971.211, another Federal agency, or a State acting under Federal authority, upon review of a commercial recovery permit application submitted under this part, may propose that certain TCRs be added to the permit, to assure compliance with any law or regulation within that agency's area of responsibility. The Administrator will include appropriate TCRs in a permit.; Section 971.500. General. Several provisions in the Act relate to appropriate mining techniques or mining efficiency. These raise what could be characterized as resource development issues. In particular, section 103(a)(2)(C) requires a resource assessment to be provided with the recovery plan. Section 103(a)(2)(D) of the Act provides that the applicant will select the size and location of the area of a recovery plan, which will be approved unless the Administrator finds that the area is not a “logical mining unit” or the commercial recovery activities in the proposed site would result in a significant adverse environmental effect which cannot be avoided by the imposition of reasonable restrictions. Also, pursuant to section 108 of the Act, the applicant's recovery plan and the TCRs of each permit must be designed to ensure diligent development. In addition, for the purpose of conservation of natural resources, section 110 of the Act provides that each permit is to contain, as needed, terms, conditions, and restrictions which have due regard for the prevention of waste and the future opportunity for the commercial recovery of the unrecovered balance of the resources.; Section 971.501. Resource assessment, recovery plan, and logical mining unit.; Section 971.502. Conservation of resources.; Section 971.503. Diligent commercial recovery.; Section 971.600. General. The Act contains several provisions which relate to environmental protection. For example, section 105(a)(4) requires that, before the Administrator may issue a commercial recovery permit, he must find that the commercial recovery proposed in the application cannot reasonably be expected to result in a significant adverse environmental effect. In addition, each permit issued must contain TCRs which prescribe actions the permittee must take in the conduct of commercial recovery activities to assure protection of the environment (section 109(b)). The Act also provides for modification by the Administrator of any TCR if relevant data and information indicate that modification is required to protect the quality of the environment (section 105(c)(1)(B)). The Administrator also may order an immediate suspension or modification of activities (section 106(c)), or require use of best available technologies (section 109(b)), to prevent a significant adverse environmental effect. Furthermore, each permit issued under the Act must require the permittee to monitor the environmental effects of commercial recovery activities in accordance with guidelines issued by the Administrator, and to submit information the Administrator finds necessary and appropriate to assess environmental effects and to develop and evaluate possible methods of mitigating adverse effects (section 114).; Section 971.601. Environmental requirements. Before issuing a permit for the commercial recovery of deep seabed hard mineral resources, the Administrator must find that:; Section 971.602. Significant adverse environmental effects.; Section 971.603. At-sea monitoring.; Section 971.604. Best available technologies (BAT) and mitigation.; Section 971.606. Onshore information.; Section 971.700. General. The Act contains several requirements that relate to assuring the safety of life and property at sea. For example, before the Administrator may issue a permit, he must find that the proposed recovery will not pose an inordinate threat to the safety of life and property at sea (section 105(a)(5)). The Coast Guard, in consultation with NOAA, must require in any permit issued under the Act, in conformity with principles of international law, that vessels documented in the United States and used in activities authorized under the permit comply with conditions regarding the design, construction, alteration, repair, equipment, operation, manning and maintenance relating to vessel and crew safety and the safety of life and property at sea (section 112(a)). The Administrator may impose or modify TCRs for a permit if required to promote the safety of life and property at sea (section 105(c)(1)(B)).; Section 971.800. General. The subpart contains miscellaneous provisions pursuant to the Act which are applicable to exploration licenses and commercial recovery permits.; Section 971.801. Records to be maintained and information to be submitted by licensees and. permittees. (a); Section 971.802. Public disclosure of documents received by NOAA.; Section 971.803. Relinquishment and surrender of licenses and permits.; Section 971.804. Amendment to regulations for conservation, protection of the environment, and. safety of life and property at sea. The Administrator may amend the regulations in this part and 15 CFR part 970 at any time as the Administrator determines to be necessary and appropriate in order to provide for the conservation of natural resources, protection of the environment, or the safety of life and property at sea. The amended regulations will apply to all exploration or commercial recovery activities conducted under any license or permit issued or maintained pursuant to this part or 15 CFR part 970, except that amended regulations which provide for conservation of natural resources will apply to activities conducted under an existing license or permit during the present term of that license or permit only if the Administrator determines that the amended regulations providing for conservation of natural resources will not impose serious or irreparable economic hardship on the licensee or permittee. Any amendment to regulations under this section will be made pursuant to the procedures in subpart I of this part.; Section 971.805. Computation of time. Except where otherwise specified, Saturdays, Sundays and Federal Government holidays will be included in computing the time period allowed for filing any document or paper under this part or 15 CFR part 970, but when a time period expires on any of these days, that time period will be extended to include the next following Federal Government work day. Filing periods expire at the close of business on the day specified, for the office specified.; Section 971.900. Applicability. The regulations of this subpart govern the following hearings conducted by NOAA under this part and under 15 CFR part 970:; Section 971.901. Formal hearing procedures.; Section 971.1000. General.; Section 971.901. (i) also applies to any action or event, such as payment of a civil penalty, required by this. subpart to take place within a specified period of time.; Section 971.1001. Assessment procedure.; Section 971.1002. Hearing and appeal procedures.; Section 971.1003. License and permit sanctions.; Section 971.1004. Remission or mitigation of forfeitures.; Section 971.1005. Observers.; Section 971.1006. Proprietary enforcement information.; Section 971.1007. Advance notice of civil actions.