SEA/1531

ASSEMBLY OF INTERNATIONAL SEABED AUTHORITY ADOPTS 1997 BUDGET

KINGSTON, 15 August -- The Assembly of the International Seabed Authority this afternoon approved the Authority's 1997 budget following its recommendation by the Council. It also authorized the Authority to request Observer Status at the United Nations and apply for membership in the United Nations Joint Staff Pension Fund. (For further details on the Authority's budget see Press Release SEA/1530).

Following a lengthy discussion, the Assembly decided that the question of a draft protocol on the privileges and immunities of the International Seabed Authority should remain on its agenda and asked the secretariat to study the matter further.

Also this afternoon, the representative of Cuba asked for priority to be given at the Assembly's next session to the election of its next President.

The representative of Belize said the International Tribunal for the Law of the Sea intended to seek observer status in the Authority.

Report of Finance Committee

The Assembly adopted the draft on the Authority's 1997 budget of $4,150,500 as recommended by the Council, after noting the reservations by the Russian Federation and the United States.

The representative of the Russian Federation said the representative of Poland, speaking on behalf of the Eastern European group, had also expressed reservations.

Following the decision, the representative of Mexico said there should be a report on the provision of housing for the chief executives of other United Nations agencies and organizations.

Pension Fund

The Assembly adopted, as orally amended, a decision recommended by the Council stating that it would be in the interest of the Authority to join the United Nations Staff Pension Fund. It recommended that the Authority's Secretary-General conclude an agreement with the Secretary of the Fund's Board.

Observer Status for Authority at United Nations

Also this afternoon, the Assembly adopted a draft text by which the Authority would seek Observer Status at the United Nations. A number of delegates suggested the secretariat should refine the language based on suggestions by some delegations.

Draft Protocol on Privileges and Immunities

The Vice-President of the Assembly, Joel Hernandez Garcia (Mexico), recalled that during the meeting of the open-ended working group on the draft protocol on privileges and immunities of the Authority, some delegations had suggested that the draft protocol was unnecessary as its provisions had been covered in the United Nations Convention on the Law of the Sea. He had suggested in the working group that discussions be postponed until a future session of the Authority.

The Chairman of the working group, Wael Aboulmagd (Egypt), said some delegations had indeed expressed the view that the Convention contained specific provisions on immunities and privileges for the Authority and that it was too early to take up the question. It had been decided that discussion of it should accordingly be postponed.

The representative of the United Kingdom said his delegation had no difficulty with the issue. There was a major difference in the draft protocol from that of the International Tribunal for the Law of the Sea. The Tribunal Protocol covered privileges and immunities for only its judges whereas the Authority's was much broader. He suggested that the Authority's secretariat should examine the draft document, otherwise a great deal of time could be spent discussing the subject.

The representatives of Jamaica, Mexico, Tunisia, Japan, Nigeria, Tanzania and Belize all agreed that the issue should be considered by the Assembly in a future agenda.

The representative of the United States said she was skeptical about the need for a draft protocol as many international organizations operated without one and the Convention provided immunities and privileges.

- 3 - Press Release SEA/1531 16 August 1996

The draft protocol on privileges and immunities covers the legal personality of the Authority; the inviolability of its premises; its immunities and exemptions and that of its property and assets. It also deals with the inviolability of the Authority's archives, its financial facilities, exemption from taxes and customs duties and its enjoyment of favourable treatment like those accorded to other international organizations.

Also covered by the draft protocol are the legal capacity of the Enterprise, the mining arm of the Authority and its position with regard to judicial process. The property and assets of the Enterprise shall be immune from seizure. Member States shall ensure that it enjoys all rights, privileges and immunities. Other provisions of the draft protocol accord specified privileges and immunities to representatives of acceding States, of States parties and of Observer States attending meetings of the Authority, and to officials of the Authority. The Authority's Secretary-General will specify the categories of officials to which the provisions will apply.

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