SEABED ASSEMBLY APPROVES PACT ON JAMAICA HEADQUARTERS

Press Release
SEA/1645

SEABED ASSEMBLY APPROVES PACT ON JAMAICA HEADQUARTERS

(Received from the International Seabed Authority.)

KINGSTON, 25 August -- The Assembly of the International Seabed Authority, meeting this afternoon in Kingston, approved a headquarters agreement with the Jamaican Government and accepted the Government's offer of a long-term lease for its office space in Kingston, "for the use and occupation of the Authority as its permanent headquarters".

The Assembly acted without vote on the recommendation of the Authority's Council, made yesterday.

The Assembly also approved a report of its Credentials Committee listing 67 States and the European Community as participating in the current session. The report (ISBA/5/A/9) was submitted by the Committee Chairman, Walter Gehr (Austria).

Finally, the Assembly heard a statement by the observer of the Permanent Commission of the South Pacific, which has enjoyed observer status with the Authority since March 1998, about the work and future plans of his organization.

The Assembly will meet again tomorrow, 26 August.

Headquarters Agreement

In its decision today on the headquarters of the Authority (draft in ISBA/5/A/L.2), the Assembly approved an Agreement between the Authority and the Government of Jamaica that regulates the Authority's facilities and functioning on the territory of the host country. The Agreement (ISBA/3/A/L.3 - ISBA/3/C/L.3 and Corr.1), containing 54 articles, was originally negotiated in 1997. (Its main provisions are summarized in Press Release SEA/1642 of 25 August.)

Action by the Authority on this Agreement had been delayed pending clarification of arrangements under which the Authority was to use the office space in the downtown Kingston building it has occupied since the start of the Authority in 1995. In particular, the Authority wanted to avoid paying rent for the premises or to accept responsibility for an entire four-storey building in which it regularly needs only one floor.

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A Jamaican offer of a long-term lease arrived two weeks ago in a letter of 12 August from the Deputy Prime Minister and Minister for Foreign Affairs and Foreign Trade, Seymour Mullings (in ISBA/5/A/4/Add.1). After endorsement of the offer by the Finance Committee and the Council, the Assembly accepted it with appreciation today and encouraged the Government "to carry out the agreed renovations to the building as soon as possible". The main concern in this regard is upgrading of the electrical supply.

The Assembly requested Secretary-General Satya N. Nandan to negotiate, under the Council's guidance, a supplementary agreement with Jamaica on the terms and conditions for the use and occupancy of the headquarters.

In today's discussion on the Headquarters Agreement, Uruguay pointed out that while there were articles relating to privileges and immunities of several categories of persons associated with the Authority, the document made no reference to privileges for delegates of member States who were not permanent representatives.

Secretary-General Satya N. Nandan clarified this point, noting that the Protocol on Privileges and Immunities of the Authority, adopted in March 1998, dealt specifically with representatives of members of the Authority attending meetings. He also referred to article 50 of the Headquarters Agreement, which establishes the relationship between the Agreement and the Protocol. That article reads: "The provisions of this Agreement shall be complementary to the provisions of the Protocol. Insofar as any provision of this Agreement and any provisions of the Protocol relate to the same subject matter, the two provisions shall, wherever possible, be treated as complementary, so that both provisions shall be applicable and neither shall narrow the effect of the other; but in any case of conflict, the provisions of this Agreement shall prevail".

Attendance at Session

Speaking after the Assembly adopted the report of its Credentials Committee, Secretary-General Nandan observed that attendance at the session was barely a quorum in the Assembly, "which is a very unfortunate reflection of the level of participation that we have". He added: "I think it would be important for the Assembly to issue an appeal to member States that being members of the Authority is not sufficient. It is important that they must actively participate in order for the Authority to function in an efficient and proper way in accordance with the Convention".

The President, Jose Luis Vallarta-Marron (Mexico), endorsed the Secretary-General's remarks.

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