The MULTILATERALS PROJECT, The Fletcher School, Tufts University 26ILM1505 AGREEMENT ON THE RESOLUTION OF PRACTICAL PROBLEMS WITH RESPECT TO DEEP SEABED MINING AREAS (New York, August 14, 1987) The Government of Canada, the Government of the Kingdom of Belgium, the Government of the Republic of Italy, the Government of the Kingdom of the Netherlands and the Government of the Union of Soviet Socialist Republics, hereinafter referred to as the "Parties": Desirous of removing impediments to the universal adherence to the United Nations Convention on the Law of the Sea of 1982; Intending to resolve practical problems over deep seabed mining areas to which this Agreement relates; and Having held discussions for this purpose between December 1986 and August 1987; Have agreed as follows: Article 1 (1) The Parties have agreed on lines the coordinates of which are shown in Annexes II, III and IV to this Agreement for the purpose of resolving practical problems with respect to deep seabed mining areas, the coordinates of which were exchanged by the Parties in Moscow on December 6, 1986, and are shown in Annex I. (2) In this Agreement, "deep seabed mining areas' means areas of the deep seabed intended for the conduct of exploration and exploitation of hard mineral resources. Article 2 Each Party shall respect the agreed resolution of practical problems as shown in Annexes II, III and IV to this Agreement. Article 3 The Parties shall not act, themselves or in association with third parties, in a manner that could prevent registration of an application which is submitted by a Party to the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea, hereinafter referred to as "the Preparatory Commission", for an area referred to in the Annexes to this Agreement, and which is consistent with respect for the areas specified in the Annexes to this Agreement. Article 4 (1) The Parties shall not act, themselves or in association with third parties, in a manner which could lead to the creation of additional practical problems with respect to the deep seabed mining areas referred to in the Annexes to this Agreement. (2) Accordingly, the Parties shall not engage in or support deep seabed mining in, or seek or support registration in the Preparatory Commission of, a deep seabed mining area in a manner incompatible with respect for the areas specified in the Annexes to this Agreement. Article 5 The Parties shall take all measures in conformity with international law and existing legislation to ensure that there is no physical interference with the activities of each other related to exploration and exploitation of hard mineral resources in the deep seabed mining areas referred to in the Annexes to this Agreement. Article 6 When necessary, the Parties will consult on the questions connected with the implementation of this Agreement. Article 7 (1) This Agreement shall enter into force on the date of its signature and shall remain in force until otherwise agreed by the Parties. The Annexes to this Agreement are an integral part thereof. (2) Any Party may declare, upon signature, that this Agreement shall enter into force for that Party only after notification to all other Parties that all legal requirements have been met. The Agreement shall enter into force for that Party upon receipt of such notification by all other Parties. Done at New York this 14th day of August 1987 in five originals; each in the English, French, Dutch, Italian and Russian languages, all texts being equally authentic. The lines the coordinates of which are shown in the Annexes to the Agreement on the Resolution of Practical Problems with Respect to Deep Seabed Mining Areas signed on 14 August 1987, shall be geodesic and shall define each boundary by the geodetic coordinates of the turning points in accordance with the World Geodetic System 1972. New York, August 14, 1987 Exchange of Notes between the United States (with consortia interest and LOS non-signatory) and the Soviet Union (LOS signatory) MFA/107/87 - The Embassy of the United States of America has the honor to refer the Ministry of Foreign Affairs of the Union of Soviet Socialist Republics to the understanding reached among representatives of the United States of America, the Federal Republic of Germany, the Union of Soviet Socialist Republics, and the United Kingdom of Great Britain and Northern Ireland in New York on September 3, 1986. In this connection, the Embassy has the honor to state on behalf of the Government of the United States of America, that, on the understanding that the Soviet side shall be bound by the provisions of the Agreement on the Resolution of Practical Problems with Respect to Deep Seabed Mining Areas signed in New York on August 14, 1987 by representatives of Belgium, Canada, Italy, The Netherlands, and the Union of Soviet Socialist Republics, the United States side also shall be bound by the provisions of that Agreement in the same manner as other Parties to that Agreement are bound by its provisions to the Soviet Party. Nothing in the above-referenced Agreement, this Note, or the Note of the Ministry in reply, nor acts or activities taking place pursuant thereto, shall prejudice the position of either side with respect to the United Nations Convention on Law of the Sea of 1982. If it is acceptable to the Soviet side, this Note and the Note in reply from the Ministry shall constitute an Agreement between the two Governments which shall enter into force upon the date of the Note in reply from the Ministry, and which shall remain in force for the duration of the Agreement on the Resolution of Practical Problems with Respect to Deep Seabed Mining Areas or until otherwise agreed by the two sides, whichever is the later. Embassy of the United States of America, Moscow, August 14, 1987. DEPARTMENT OF STATE DIVISION OF LANGUAGE SERVICES (TRANSLATION) LS NO. 123210 JS/AO Russian No. 95 dusa and Canada The Ministry of Foreign Affairs of the Union of Soviet Socialist Republic confirms receipt of note No. MFA/107/87 of August 14, 1987, from the Embassy of the United States of America in Moscow, which reads as follows: [The Russian text of note No. MFA/107/87 agrees in all substantive respects with the original English text.] On behalf of the Government of the Union of Soviet Socialist Republics, the Ministry has the honor to state to the Embassy that the Soviet side is willing to regard the above-referenced Note of the Embassy and this reply thereto a an Agreement between the two Governments which shall enter into force upon the date of this Note of the Ministry, and which shall remain in force for the duration of the Agreement on the Resolution of Practical Problems with Respect to Deep Seabed Mining Areas or until otherwise agreed by the two sides, whichever is the later. /Seal of the Ministry of Foreign Affairs of the USSR/ Moscow August 14, 1987 EMBASSY OF THE UNITED STATES OF AMERICA No. 75 The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honor to refer to the Agreement on the Resolution of Practical Problems with Respect to Deep Seabed Mining Areas concluded at New York on August 14, 1987, between the Governments of the Kingdom of Belgium, Canada, the Republic of Italy, the Kingdom of the Netherlands and the Union of Soviet Socialist Republics and the Exchange of Notes relating to that Agreement dated August 14, 1987, between the United States and the Union of Soviet Socialist Republics. In this connection the Embassy has the honor to propose that the Government of the Kingdom of the Netherlands shall not take steps to terminate that Agreement and the Government of the United States shall not take steps to terminate the agreement concluded by that Exchange of Notes, except by common accord of the Government of the Kingdom of the Netherlands and the Government of the United States. If it is acceptable to the Government of the Kingdom of the Netherlands, this Note and the Note in reply shall constitute an agreement between the two Governments which shall enter into force on the date on which the Government of the United States will receive from the Government of the Kingdom of the Netherlands a notification of the completion of the constitutional requirements in the Kingdom of the Netherlands. The Embassy of the United States of America takes this opportunity to renew to the Ministry of Foreign Affairs the assurances of its highest consideration. Embassy of the United States of America, The Hague, August 14, 1987 Ministry of Foreign Affairs The Hague Treaties Department DVE/VV-200477 The Ministry of Foreign Affairs presents its compliments to the United States Embassy and has the honour to acknowledge receipt of the Embassy's Note No. 75, dated 14 August 1987, which reads as follows: "The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honor to refer to the Agreement on the Resolution of Practical Problems with Respect to Deep Seabed Mining Areas concluded at New York on August 14, 1987, between the Governments of the Kingdom of Belgium, Canada, the Republic of Italy, the Kingdom of the Netherlands and the Union of Soviet Socialist Republics and the Exchange of Notes relating to that Agreement dated 14 August 1987, between the United States and the Union of Soviet Socialist Republics. In this connection the Embassy has the honor to propose that the Government of the Kingdom of the Netherlands shall not take steps to terminate that Agreement and the Government of the United States shall not take steps to terminate the agreement concluded by that Exchange of Notes, except by common accord of the Government of the Kingdom of the Netherlands and the Government of the United States. If it is acceptable to the Government of the Kingdom of the Netherlands, this Note and the Note in reply shall constitute an agreement between the two Governments which shall enter into force on the date on which the Government of the United States will receive from the Government of the Kingdom of the Netherlands a notification of the completion of the constitutional requirements in the Kingdom of the Netherlands." In reply, the Ministry has the honour to inform the Embassy that the above proposal is acceptable to the Government of the Kingdom of the Netherlands, who therefore agree that the Embassy's Note together with this reply to that effect shall constitute an Agreement between the two Governments which shall enter into force on the date on which the Government of the Kingdom of the Netherlands has notified the Government of the United States of America that the procedures constitutionally required therefor have been completed in the Kingdom of the Netherlands. The Hague, 14 August 1987 To the United States Embassy at The Hague.