issue 1: july 2015 isa/cil hold workshop on mineral ... · 13 -24 july 2015. the assembly and...

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ISSUE 1: JULY 2015 INSIDE ISA 20th Anniversary Page 2 Contractor Training Programmes Page 3 Exploraon Contractors Page 4 Permanent Missions Page 5 ISA Workshops Page 6 Stakeholder Survey Page 7 Other News Page 8 In March 2015, the Authority and the South African government co-hosted a Seminar in Tshwane, South Africa on Exploraon and Exploitaon of Deep Seabed Mineral Resources in the Area: Challenges for Africa and Opportunies for Collaborave Research in the Mid-Atlanc Ridge, Atlanc Indian Ridge and the South-West Indian Ridge. This is the tenth sensizaon seminar to be ISA/CIL Hold Workshop on Mineral Exploitation in the Area convened by the Authority in different countries around the world, and the second to be held in the connent of Africa. These seminars are an important means of outreach for the Authority to inform the countries of the region and the various ministries and departments in the host country of the work of the Authority and other related internaonal instuons. For more informaon, download the ISA Briefing Paper 02/2015. Sensitization Seminar As part of on-going stakeholder consultaon, the Internaonal Seabed Authority (ISA), in partnership with the Centre for Internaonal Law (CIL) of the Naonal University of Singapore, held a workshop on mineral exploitaon in the Area in Singapore on 16-17 June 2015. The workshop focused on issues relang to the development of a sustainable deep sea mining industry and highlighted the urgent need for an exploitaon code, which would include a transional financial regime with an inial payment mechanism comprising an annual flat fee and a royalty payment. Several key environmental issues were idenfied such as the need for wide accessibility of scienfic data and the need to clarify key environmental terms such as serious harm to the marine environment, cumulave impacts and the scope of environmental impact assessments. The objecve of the workshop was to canvas the main perspecves and concerns of stakeholder groups, connue the process of stakeholder parcipaon in the development of a regulatory framework for mineral exploitaon on the two key consultaon documents issued by the ISA in March 2015 - the Draſt Framework for the Regulaon of Exploitaon Acvies and the Discussion Paper on the Financial Terms of Exploitaon Contracts. For more informaon, download the ISA Briefing Paper 04/15.

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Page 1: ISSUE 1: JULY 2015 ISA/CIL Hold Workshop on Mineral ... · 13 -24 July 2015. The Assembly and ouncil meetings begin 14 July 2015. The Finance ommittee meets on the 9, 10 and 13 July

ISSUE 1: JULY 2015

INSIDE ISA 20th Anniversary Page 2

Contractor Training Programmes Page 3

Exploration Contractors Page 4

Permanent Missions Page 5

ISA Workshops Page 6

Stakeholder Survey Page 7

Other News Page 8

In March 2015, the Authority and the South African government co-hosted a Seminar in Tshwane, South Africa on Exploration and Exploitation of Deep Seabed Mineral Resources in the Area: Challenges for Africa

and Opportunities for Collaborative Research in the Mid-Atlantic Ridge, Atlantic Indian Ridge and the South-West Indian Ridge.

This is the tenth sensitization seminar to be

ISA/CIL Hold Workshop on Mineral Exploitation in the Area

convened by the Authority in different countries around the world, and the second to be held in the continent of Africa.

These seminars are an important means of outreach for the Authority to inform the countries of the region and the various ministries and departments in the host country of the work of the Authority and other related international institutions.

For more information, download the ISA Briefing Paper 02/2015.

Sensitization Seminar

As part of on-going stakeholder consultation, the International Seabed Authority (ISA), in partnership with the Centre for International Law (CIL) of the National University of Singapore, held a workshop on mineral exploitation in the Area in Singapore on 16-17 June 2015.

The workshop focused on issues relating to the development of a sustainable deep sea mining industry and highlighted the urgent need for an exploitation code, which would include a transitional financial regime with an initial payment mechanism comprising an annual flat fee and a royalty payment.

Several key environmental issues were identified such as the need for wide accessibility of scientific data and the need

to clarify key environmental terms such as serious harm to the marine environment, cumulative impacts and the scope of environmental impact assessments.

The objective of the workshop was to canvas the main perspectives and concerns of stakeholder groups, continue the process of stakeholder participation in the development of a regulatory framework for mineral exploitation on the two key consultation documents issued by the ISA in March 2015 - the Draft Framework for the Regulation of Exploitation Activities and the Discussion Paper on the Financial Terms of Exploitation Contracts.

For more information, download the ISA Briefing Paper 04/15.

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A 20-Year Anniversary Celebration

On Tuesday, 22 July 2014, the Assembly of the International Seabed Authority met in a special session to commemorate its twentieth anniversary of its entry into force on 16 November 1994 of the United Nations Law of the Sea Convention which was opened for signature on 10 December 1982 in Montego Bay, Jamaica.

Speakers at the session included the President of the Assembly, H.E. Antonio Francisco Da Costa e Silva Neto; Mr Nii A Odunton, Secretary-General of the International Seabed Authority; the Most Honourable Portia Simpson Miller, Prime Minister of host country Jamaica; Mr. Stephen Mathias, Assistant Secretary‐General for Legal Affairs on behalf of H.E. Ban Ki-Moon, Secretary-General of the United Nations; H.E. Tommy Koh, Ambassador‐at‐Large, Ministry of Foreign Affairs, Singapore; H.E. Satya Nandan, Former ISA Secretary-General and Special Representative of the UN Secretary‐General for the Law of the Sea; Judge Jose Lui Jesus who chaired the Preparatory Commission for the ISA and ITLOS (1987-1994); Prof. Hasjim Djalal, former member of the Indonesia delegation to UNCLOS and first President of the ISA Assembly; and Judge Vladimir Golitsyn, President of ITLOS. H.E. Mumba Kapumpa, Ambassador of Zambia to the Republic of Korea, Mr Baïdy Diène, former President of the ISA Council and former LTC member. The Chairs of the Regional Groups also spoke at the Special Session.

20th Anniversary Publication

21st Session In Brief... The 21st Session of the Authority will be held from 13 -24 July 2015.

The Assembly and Council meetings begin 14 July 2015.

The Finance Committee meets on the 9, 10 and 13 July 2015.

The Legal and Technical Commission will meet from 6-15 July 2015.

It is the turn of the Western European and Other States Group to nominate a candidate for the Presidency of the Assembly for 2015.

It is also the turn of the Asia-Pacific Group to nominate a candidate for the Presidency of the Council.

The Credentials Committee is also expected to meet the second week of the 21st Session.

Indicative Programme

Information Note

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Contractor Training Opportunities

As part of the terms of the exploration contracts between the Authority and its Contractors, each contractor is required to provide and fund a training programme for nationals of developing States.

From 1993-1999, 22 individuals from 17 countries were trained under the registered pioneer investor programme.

From 2008-2015, 20 training opportunities have been provided and/or are being made available to nationals from 17 countries by contractors. These include 4 by Federal Institute for Geosciences and Natural Resources of Germany (BGR) in 2008, 2 by Tonga Offshore Mining Limited in 2013, 3 by China Ocean Mineral Resources

UKSRL Training As part of its training proposal and in line with its Contract for Exploration for Polymetallic Nodules with the International Seabed Authority, UK Seabed Resources Ltd has contracted Plymouth University to provide training opportunities for two trainees from Developing States in 2015.

Both PhD training programmes are planned for 1st October 2015 for a duration of 4 years each. One trainee will receive on-land training in the analysis of polymetallic nodules using advanced imaging and analysis techniques while a second will receive training in deep sea marine biology.

The deadline for Nominations (Download Form: pdf) was 20 June 2015.

Nominations received after that date will not be considered. The Nomination Form should be completed by a senior official of an institution or government authority and can be emailed by the candidate to [email protected]

The trainees will be selected by the Legal and Technical Commission at its meetings in July 2015, in consultation with UK Seabed Resources Ltd. and Plymouth University.

For further information on the training programme, please see Proposal for Two Training Programmes in 2015-2019 submitted by UK Seabed Resources Ltd and the Plymouth University webpage.

Research and Development Association (COMRA) in 2014, and 2 more by BGR in 2014. For 2015, the Russian Federation offers 2, Japan Oil, Gas and Metals National Corporation (JOGMEC) offers 3 and COMRA offers 4.

With the current 22 contractors and 4 pending contracts for signature, and with contractors providing training opportunities for every five year period of their contract, it is estimated that 180 training opportunities could be available between 2013 and 2020.

Schedules for all contractor training programmes are reported to the Authority’s Legal and Technical Commission and are publicized on the Authority’s website.

BGR At-Sea Training The Federal Institute for Geosciences and Natural Resources of the Federal Republic of Germany (BGR) is offering opportunities for six trainees from developing States to attend its at-sea exploration training programme for 2015-2016. The candidates will be selected by the Legal and Technical Commission during the 21st Session of the Authority in July 2015.

The training programmes are planned between October and December in 2015 (cruise INDEX2015, 2 legs, with one trainee on each leg) and between January and February 2016 (cruise INDEX2016, four trainees). Each cruise starts with a 3-day pre-cruise training, 28 days onboard INDEX2015-Leg 1; 22 days onboard INDEX2015-leg 2 and 32 days onboard INDEX2016 together with four weeks of post-cruise training at BGR.

All nominations should be received by 30 June 2015 and must be submitted with a duly completed Nomination Form [docx|pdf] along with an Application Form [docx|pdf], in electronic format to [email protected]

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As of 1 June 2015 the Authority has approved a total of twenty-six plans of work for exploration and has entered into fifteen-year contracts for exploration for marine mineral resources in the Area with twenty-two contractors.

Fourteen of these contracts are for exploration for polymetallic nodules, five contracts for exploration for polymetallic sulphides and three contracts for exploration for cobalt-rich crusts.

Since the twentieth session, five new contracts for exploration have been signed : the exploration contract for polymetallic sulphides with Ifremer was signed on 18 November 2014; the contract for exploration for polymetallic nodules with Marawa Research and Exploration Ltd., sponsored by the Republic of Kiribati, was signed

on 19 January 2015, the contract for exploration for polymetallic nodules with Ocean Mineral Singapore Pte. Ltd., sponsored by Singapore, was signed in Kingston on 15 January 2015 and in Singapore on 22 January 2015; the contract for exploration for cobalt-rich ferromanganese crusts with the Ministry of Natural Resources and Environment of the Russian Federation was signed on 10 March 2015 and the contract for exploration for polymetallic sulphides with the Federal Institute for Geosciences and Natural Resources (BGR) of Germany was signed on 6 May 2015.

Four pending contracts are expected to be finalized and signed later in 2015.

ISA Exploration Contracts

Submarine Cables and Deep Seabed Mining

On 10-11 March 2015, the International Cable Protection Committee (ICPC) and the International Seabed Authority (ISA) held a workshop on “Submarine Cables and Deep Seabed Mining – Advancing Common Interest and Addressing UNCLOS ‘Due Regard’ Obligations” in the New York office of the law firm Squire Patton Boggs (US) LLP .

This is the first ever workshop held to address the issues of submarine cables on the high seas and deep seabed exploration in the Area. It brought together representatives from the submarine cable industry and a Contractor with the Authority, as well as delegates from

the ICPC, ISA, United Nations and from several governments in a non-representative capacity and emphasized the need to continue mutual cooperation.

In view of the growing risk of interferences between submarine cables and deep seabed activities, the workshop was aimed at finding practical solutions for the peaceful coexistence of both uses in areas beyond national jurisdiction.

In the absence of precise provisions in UNCLOS on the resolution of disputes between cable owners and contractors with the Authority, the participants discussed how to best avoid such disputes, and considered the technical and the legal aspects of the question, and came up with innovative ideas.

The ISA has published a Briefing Paper 03/2015 and a Technical Study No. 14 to reflect the main technical and legal issues discussed, the points of general agreement, the points of further discussion, and the recommended actions to foster the cooperation between the submarine cables owners and the deep seabed Contractors.

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Permanent Missions to the ISA Twenty-three member States and the European Union maintain Permanent Missions to the Authority: Antigua and Barbuda, Argentina, Belgium, Brazil, Cameroon, Chile, China, Cuba, France, Gabon, Germany, Haiti, Italy, Jamaica, Japan, Mexico, Nigeria, the Republic of Korea, Panama, Saint Kitts and Nevis, South Africa, Spain and Trinidad and Tobago.

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Seven member State representatives presented credentials to the ISA as Permanent Representatives to the ISA from January to June, 2015. They are pictured with Secretary General Nii A Odunton as follows:

1. HE Mr Anibal Julio Jiménez Y Abascal of Spain, 23 April;

2. HE Mr Guy Sevrin of Belgium, 28 April;

3. HE Mr Dwight Gardiner of Antigua and Barbuda, 18 May;

4. HE Mr Masanori Nakano of Japan, 20 May;

5. HE Cecilia Jaber of Mexico, 29 May;

6. HE Mr Carlos Alberto Michaelsen Den Hartog of Brazil, 29 June;

7. HE Mr Jean-Michel Despax of France, 30 June; and

8. Mr. Lim Jong Seon of the Republic of Korea, 2 July

3 2 1

5 4

6 7 8

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Workshop on Polymetallic Nodule Resources Classification (Goa, India, October 2014)

The Authority, in collaboration with the Ministry of Earth Sciences of the Government of India, held a workshop on polymetallic nodule resources classification, in Goa, India, from 13 to 17 November 2014. The initiative reflected the interest in the work being undertaken by contractors for polymetallic nodule exploration and resource data required.

The workshop was organized to review the current practice in land-based mineral development on national reporting standards for exploration results and resource classification; to identify special aspects of polymetallic nodule deposits that should be addressed in resource reporting standards; to identify any issues arising from differences in national reporting standards to which the Authority

should respond; ti assist contractors to identify and implement best practices in polymetallic nodule resource evaluation; and to identify work to be completed by contractors.

The outputs from the workshop will include a draft template to provide guidance to the ISA regarding relations with mineral information standards organizations in cooperation with CRIRSCO.

The workshop was attended by 40 participants from 15 countries and involved a series of presentations, available on the Authority’s website.

Workshop on Taxonomic Methods and Standardization of Macrofauna in the Clarion-Clipperton Zone (Uljin, Republic of Korea, 23-30 November 2014)

Following informal consultations between the Secretary-General and exploration contractors for polymetallic nodules on the standardization of the biological component of environmental baseline data in exploration areas, in January 2012, the Authority organized the first and second of a series of taxonomic exchange workshops focusing on megafauna, macrofauna, and meiofauna in contract areas.

The first two were for megafauna (Germany, 2013) and macrofauna (Republic of Korea, 2014). The third workshop on meiofauna is scheduled for November 2015 in Belgium.

The objective of the second workshop was to bring together international deep-sea macrofauna experts with representatives of ISA contractors for the exploration for polymetallic nodules in the Area to facilitate the establishment of a standardized taxonomy for the baseline studies of macrofauna.

The workshop was attended by 12 taxonomic experts and 13 contractor representatives and included presentations by taxonomic experts and contractors and hands-on sessions where representatives of contractors and experts exchanged and discussed the collected specimens.

As a result of discussions between taxonomic experts and contractor representatives, the workshop also issued recommendations on sampling and processing, taxonomic resolution, technical co-operation, and data access and availability. The results have been published in ISA Briefing Paper 01/2015 and ISA Technical Study No. 13.

Workshop : Taxonomy

Workshop : Resource Classification

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In March 2014, the International Seabed Authority launched a Stakeholder Survey Questionnaire aimed at soliciting relevant information for the development of a regulatory framework for the exploitation of minerals in the Area from members of the Authority and current and future stakeholders.

The objective of the survey was to begin a process of stakeholder engagement and consultation as envisaged by the Council at its 19th Session where it agreed that more in-depth studies should be done on the development of an exploitation code for marine minerals in the Area (ISBA19/C/18, para. 19) and where it discussed several issues including inter alia engaging stakeholders, and encouraged the Legal and Technical Commission (LTC) to review these issues whilst continuing its work on the drafting of the mining code.

In March 2015, the Authority issued a report resulting from feedback from stakeholders and discussions by the LTC. The Report highlights the Authority’s commitment to an open and inclusive dialogue with stakeholders in the development of

the regulatory framework and recognition of the need to engage with a wider and multi-disciplinary audience of experts.

The report benefits from the feedback by stakeholders to the Authority's Stakeholder Survey in March 2014 and discussions by the LTC. The draft framework contained in the report is accompanied by a discussion on critical and strategic issues, which the LTC considers significant in advancing the development of the Authority’s rules, regulations and procedures for exploitation. Additionally, the Report contains a draft action plan to further such development.

Also in March 2015, the Authority issued a Discussion Paper on the development and implementation of a payment mechanism for exploitation activities in the Area.

The Paper sets out the main objectives

and principles relevant to the development of rules, regulations and procedures in connection with a payment mechanism under the exploitation regime and presents a discussion for consideration by stakeholders on a number of points including a proposed payment mechanism and the relevant terms.

It also highlights the necessity to obtain the latest financial, economic data, estimates and projections in order to build financial models to support assumptions and future recommendations to the Council. Feedback will enable the LTC to provide the Council with an updated status report and action plan at its 21st Session in July 2015 and to seek Council’s endorsement of recommended next steps.

Although the deadlines for feedback to the Report (15 May) and the Discussion Paper (29 May) have passed, any further submissions and input to developing a regulatory framework for mineral exploitation in the Area is encouraged at any time.

Responses are now available on the ISA website.

Stakeholder Survey | Report | Discussion Paper Workshop : Resource Classification

Internships @ ISA The ISA Internship Programme provides a framework through which students and government officials from diverse academic backgrounds gain exposure to the work and functions of the ISA to enhance their educational experience and/or gain experience in the work of the Authority.

Interns are expected to be able to contribute to the work of ISA in fields such as the law of the sea,

public international law, international environmental law, mining law, deep sea mining, oceanography, marine science, public information, publications and library science and translation.

Applicants for internships meet one of the following requirements:

Be enrolled in a graduate school programme (second university degree or equivalent, or higher);

Be enrolled in the final academic year of a first university degree programme (minimum Bachelor’s

level or equivalent);

Have graduated with a university degree, and, if selected, must commence the internship within a one-year period of graduation;

Government officials applying for internships must also have a university degree.

Application and Nomination forms are available on the Authority’s website.

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UPDATES MEMBERSHIP

There were 167 members of the Authority (166 States and the European Union) as at 15 June 2015. There are also 147 parties to the 1994 Agreement. In 2012, Ecuador (24 September) and Swaziland (24 September); in 2013, Timor-Leste (8 January) and Niger (7 August); in 2014, Yemen (13 October); and in 2015, State of Palestine (2 January) all became parties to the 1994 Agreement.

PROTOCOL ON PRIVILEGES AND IMMUNITIES

As at 25 June 2015, the number of parties to the Protocol was 36. They are: Argentina, Austria, Brazil, Bulgaria, Cameroon, Chile, Croatia, Cuba, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Guyana, India, Ireland, Italy, Jamaica, Lithuania, Mauritius, Mozambique, Netherlands, Nigeria, Norway, Oman, Poland, Portugal, Slovakia, Slovenia, Spain, Togo, Trinidad and Tobago, United Kingdom of Great Britain and Northern Ireland and Uruguay.

The Secretary‐General urges all member States which have not yet done so to consider ratifying or acceding to the Protocol at the earliest opportunity.

Reminder

All delegates requiring assistance for entry visas into Jamaica for the 21st Session are asked to submit relevant passport information together with copies of credentials as soon as possible to the Secretariat to facilitate the processing of visas through the Ministry of Foreign Affairs in Kingston in order to obtain visa waivers.

Seminars

Chile

The Authority and the Ministry of Foreign Affairs, in Santiago plans to host its 11th Sensitization Seminar in Chile, in 2015.

Workshops

Belgium

The Authority will host a taxonomic workshop on meiofauna at the University of Ghent, Belgium, in December, 2015 .

This will be the third in a series of taxonomic workshops organised by the Authority focusing on megafauna, mafcrofauna and meiofauna.

The 2015 workshop hopes to bring together meiofauna experts with ISA contractors to help standardize taxonomy for baseline studies.

Open Briefing

ISA hosted an open briefing in Conference Room 11 of the UN Headquarters in New York on Friday, May 29. The briefing covered upcoming issues for the Authority including arrangements for the 21st session, the work of the Legal and Technical Commission and in particular, the development of the exploitation code and also featured a questions and answers session with delegations.

CALENDAR OF EVENTS

July 2015 5-15: Legal and Technical Commission Meetings Kingston

13-24: 21st Session of the Authority, Kingston

ISA 20th Anniversary

Selected Decisions of the 20th Session | AR | CH | EN | ES | FR | RU

BRIEFING PAPERS

#1/2015 Taxonomic Standization Workshop : Deepsea Macrofauna of the CCFZ

#2/2015 Deepsea Mining : Challenges and Opportunities for Africa

#3/2015 Submarine Cables and Deep Sea Mining

#4/2015 Mineral Exploitation in the Area

TECHNICAL STUDIES

ISA Technical Study No. 13 Deep Sea Macrofauna of the Clarion Clipperton Zone

ISA Technical Study No 14 Submarine Cables and Deep Seabed Mining .Advancing Common Interests and Addressing UNCLOS “Due Regard” Obligations

PUBLICATIONS