
| The Oceanic Circle - Governing the Seas as a Global Resource (UNU, 1998, 257 pages) |
| Annex: An International Sea-Bed Authority For the Twenty-First Century |
![]() | SECTION 4. THE AUTHORITY |
Article 177
Legal status
The Authority shall have international legal personality and such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.
Article 178
Privileges and immunities
To enable the Authority to exercise its functions, it shall enjoy in the territory of each State Party the privileges and immunities set forth in this subsection. The privileges and immunities relating to the Enterprise System shall be determined in each joint-venture agreement.
Article 179
Immunity from legal process
The Authority, its property and assets, shall enjoy immunity from legal process except to the extent that the Authority expressly waives this immunity in a particular case.
Article 180
Immunity from search and any form of
seizure
The property and assets of the Authority, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of seizure by executive or legislative action.
Article 181
Exemption from restrictions,
regulations, controls and moratoria
The property and assets of the Authority shall be exempt from restrictions, regulations, controls and moratoria of any nature.
Article 182
Archives and official communications of
the Authority
1. The archives of the Authority, wherever located, shall be inviolable.
2. Proprietary data, industrial secrets or similar information and personnel records shall not be placed in archives which are open to public inspection.
3. With regard to its official communications, the Authority shall be accorded by each State Party treatment no less favourable than that accorded by the State to other international organizations.
Article 183
Privileges and immunities of certain
persons connected with the Authority
Representatives of States Parties attending meetings of the Assembly, the Council or organs of the Assembly or the Council, and the Secretary General and staff of the Authority, shall enjoy in the territory of each State Party:
(a) immunity from legal process with respect to acts performed by them in the exercise of their functions, except to the extent that the State which they represent or the Authority, as appropriate, expressly waives this immunity in a particular case;(b) if they are not nationals of that State Party, the same exemptions from immigration restrictions, alien registration requirements and national service obligations, the same facilities as regards exchange restrictions and the same treatment in respect of travelling facilities as are accorded by that State to the representatives, officials and employees of comparable rank of other States Parties.
Article 184
Exemptions from taxes and customs
duties
1. Within the scope of its official activities, the Authority, its assets and property, its income, and its operations and transactions, authorized by this Convention, shall be exempt from all direct taxation and goods imported or exported for its official use shall be exempt from all customs duties. The Authority shall not claim exemption from taxes which are no more than charges for services rendered.
2. When purchases of goods or services of substantial value necessary for the official activities of the Authority are made by or on behalf of the Authority, and when the price of such goods or services includes taxes or duties, appropriate measures shall, to the extent practicable, be taken by States Parties to grant exemption from such taxes or duties or provide for their reimbursement. Goods imported or purchased under an exemption provided for in this article shall not be sold or otherwise disposed of in the territory of the State Party which granted the exemption, except under conditions agreed with that State Party.
3. No tax shall be levied by States Parties on or in respect of salaries and emoluments paid or any other form of payment made by the Authority to the Secretary General and staff of the Authority, as well as experts performing missions for the Authority, who are not their nationals.