This data access service is provided by the Center  for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
Service Providers

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text File


The full text of this treaty was provided by the Antarctic Cooperative Research Centre (ACRC).

For related treaties please consult the following list:

Summary of the "Convention on the Regulation of Antarctic Mineral Resource Activities" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.

See the ENTRI query system for information about the status of this treaty.


See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
Disclaimer: ENTRI data providers make every effort to ensure the accuracy, reliability, and completeness of the texts and other information included in this collection; however, neither CIESIN nor the ENTRI data providers verify or guarantee the accuracy, reliability, or completeness of the contents of ENTRI. If you encounter an error, please notify us by e-mail to entri@ciesin.org.


Convention on the Regulation of Antarctic Mineral Resource
Activities

Done at Wellington 2 June 1988

Not in force

The States Parties to this Convention, hereinafter referred to
as the Parties,

RECALLING the provisions of the Antarctic Treaty;

CONVINCED that the Antarctic Treaty system has proved effective
in promoting international harmony in furtherance of the
purposes and principles of the Charter of the United Nations, in
ensuring the absence of any measures of a military nature and
the protection of the Antarctic environment and in promoting
freedom of scientific research in Antarctica;

REAFFIRMING that it is in the interest of all mankind that the
Antarctic Treaty area shall continue forever to be used
exclusively for peaceful purposes and shall not become the scene
or object of international discord;

NOTING the possibility that exploitable mineral resources may
exist in Antarctica;

BEARING IN MIND the special legal and political status of
Antarctica and the special responsibility of the Antarctic
Treaty Consultative Parties to ensure that all activities in
Antarctica are consistent with the purposes and principles of
the Antarctic Treaty;

BEARING IN MIND also that a regime for Antarctic mineral
resources must be consistent with Article IV of the Antarctic
Treaty and in accordance therewith be without prejudice and
acceptable to hose States which assert rights of or claims to
territorial sovereignty in Antarctica, and those States which
neither recognise nor assert such rights or claims, including
those States which assert a basis of claim to territorial
sovereignty in Antarctica;

NOTING the unique ecological, scientific and wilderness value of
Antarctica and the importance of Antarctica to the global
environment;

RECOGNISING that Antarctic mineral resource activities could
adversely affect the Antarctic environment or dependent or
associated ecosystems;

BELIEVING that the protection of the Antarctic environment and
dependent and associated ecosystems must be a basic
consideration in decisions taken on possible Antarctic mineral
resource activities;

CONCERNED to ensure that Antarctic mineral resource activities,
should they occur, are compatible with scientific investigation
in Antarctica and other legitimate uses of Antarctica;

BELIEVING that a regime governing Antarctic mineral resource
activities will further strengthen the Antarctic Treaty system;

CONVINCED that participation in Antarctic mineral resource
activities should be open to all States which have an interest
in such activities and subscribe to a regime governing them and
that the special situation of developing country Parties to the
regime should be taken into account.

BELIEVING that the effective regulation of Antarctic mineral
resource activities is in the interest of the international
community as a whole;

HAVE AGREED as follows:

CHAPTER I. GENERAL PROVISIONS

Article 1

DEFINITIONS

For the purposes of this Convention:

1. 'Antarctic Treaty' means the Antarctic Treaty done at
Washington on 1 December 1959.

2. 'Antarctic Treaty Consultative Parties' means the Contracting
Parties to the Antarctic Treaty entitled to appoint
representatives to participate in the meetings referred to in
Article IX of that Treaty.

3. 'Antarctic Treaty area' means the area to which the
provisions of the Antarctic Treaty apply in accordance with
Article VI of that Treaty.

4. 'Convention for the Conservation of Antarctic Seals' means
the Convention done at London on 1 June 1972.

5. 'Convention on the Conservation of Antarctic Marine Living
Resources' means the Convention done at Canberra on 20 May 1980.

6 'Mineral resources' means all non-living natural non-renewable
resources, including fossil fuels, metallic and non-metallic
minerals.

7. 'Antarctic mineral resource activities' means prospecting,
exploration or development, but does not include scientific
research activities within the meaning of Article III of the
Antarctic Treaty.

8. 'Prospecting' means activities, including logistic support,
aimed at identifying areas of mineral resource potential for
possible exploration and development, including geological,
geochemical and geophysical investigations and field
observations, the use of remote sensing techniques and
collection of surface, sea floor and sub-ice samples. Such
activities do not include dredging and excavations, except for
the purpose of obtaining small-scale samples, or drilling,
except shallow drilling into rock and sediment to depths not
exceeding 25 metres, or such other depth as the Commission may
determine for particular circumstances.

9. 'Exploration' means activities, including logistic support,
aimed at identifying and evaluating specific mineral resource
occurrences or deposits, including exploratory drilling,
dredging and other surface or subsurface excavations required to
determine the nature and size of mineral resource deposits and
the feasibility of their development, but excluding pilot
projects or commercial production.

10. 'Development' means activities, including logistic support,
which take place following exploration and are aimed at or
associated with exploitation of specific mineral resource
deposits, including pilot projects, processing, storage and
transport activities.

11. 'Operator' means:

a. a Party; or

b. an agency or instrumentality of a Party; or

c. a juridical person established under the law of a Party; or

d. a joint venture consisting exclusively of any combination of
any of the foregoing, which is undertaking Antarctic mineral
resource activities and for which there is a Sponsoring State.

12. 'Sponsoring State' means the Party with which an Operator
has a substantial and genuine link, through being:

in the case of a Party, that Party;

in the case of an agency or instrumentality of a Party, that
Party;

in the case of a juridical person other than an agency or
instrumentality of a Party, the Party:

i. under whose law that juridical person is established and to
whose law it is subject, without prejudice to any other law
which might be applicable, and

ii. in whose territory the management of that juridical person
is located, and

iii. to whose effective control that juridical person is
subject;

d. in the case of a joint venture not constituting a juridical
person:

i. where the managing member of the joint venture is a Party or
an agency or instrumentality of a Party, that Party; or

ii. in any other case, where in relation to a Party the managing
member of the joint venture satisfies the requirements of
subparagraph (c) above, that Party.

13. `Managing member of the joint venture' means that member
which the participating members in the joint venture have by
agreement designated as having responsibility for central
management of the joint venture, including the functions of
organising and supervising the activities to be undertaken, and
controlling the financial resources involved.

14. 'Effective control' means the ability of the Sponsoring
State to ensure the availability of substantial resources of the
Operator for purposes connected with the implementation of this
Convention, through the location of such resources in the
territory of the Sponsoring State or otherwise.

15. 'Damage to the Antarctic environment or dependent or
associated ecosystems' means any impact on the living or
non-living components of that environment or those ecosystems,
including harm to atmospheric, marine or terrestrial life,
beyond that which is negligible or which has been assessed and
judged to be acceptable pursuant to this Convention.

16. 'Commission' means the Antarctic Mineral Resources
Commission established pursuant to Article 18.

17. 'Regulatory Committee' means an Antarctic Mineral Resources
Regulatory Committee established pursuant to Article 29.

18. 'Advisory Committee' means the Scientific, Technical and
Environmental Advisory Committee established pursuant to Article
23.

19. 'Special Meeting of Parties' means the Meeting referred to
in Article 28.

20. 'Arbitral Tribunal' means an Arbitral Tribunal constituted
as provided for in the Annex, which forms an integral part of
this Convention.

Article 2.

OBJECTIVES AND GENERAL PRINCIPLES

1. This Convention is an integral part of the Antarctic Treaty
system, comprising the Antarctic Treaty, the measures in effect
under that Treaty, and its associated separate legal
instruments, the prime purpose of which is to ensure that
Antarctica shall continue forever to be used exclusively for
peaceful purposes and shall not become the scene or object of
international discord. The Parties provide through this
Convention, the principles it establishes, the rules it
prescribes, the institutions it creates and the decisions
adopted pursuant to it, a means for:

assessing the possible impact on the environment of Antarctic
mineral resource activities;

determining whether Antarctic mineral resource activities are
acceptable;

governing the conduct of such Antarctic mineral resource
activities as may be found acceptable; and

ensuring that any Antarctic mineral resource activities are
undertaken in strict conformity with this Convention..

2. In implementing this Convention, the Parties shall ensure
that Antarctic mineral resource activities, should they occur,
take place in a manner consistent with all the components of the
Antarctic Treaty system and the obligations flowing therefrom.

3. In relation to Antarctic mineral resource activities, should
they occur, the Parties acknowledge the special responsibility
of the Antarctic Treaty Consultative Parties for the protection
of the environment and the need to:

a. protect the Antarctic environment and dependent and
associated ecosystems;

b. respect Antarctica's significance for, and influence on, the
global environment;

c. respect other legitimate uses of Antarctica;

d. respect Antarctica's scientific value and aesthetic and
wilderness qualities;

e. ensure the safety of operations in Antarctica;

f. promote opportunities for fair and effective participation of
all Parties; and

g. take into account the interests of the international
community as a whole.

Article 3.

PROHIBITION OF ANTARCTIC MINERAL RESOURCE ACTIVITIES OUTSIDE
THIS CONVENTION

No Antarctic mineral resource activities shall be conducted
except in accordance with this Convention and measures in effect
pursuant to it and, in the case of exploration or development,
with a Management Scheme approved pursuant to Article 48 or 54.

Article 4.

PRINCIPLES CONCERNING JUDGMENTS ON ANTARCTIC MINERAL RESOURCE
ACTIVITIES

1. Decisions about Antarctic mineral resource activities shall
be based upon information adequate to enable informed judgments
to be made about their possible impacts and no such activities
shall take place unless this information is available for
decisions relevant to those activities.

2. No Antarctic mineral resource activity shall take place until
it is judged, based upon assessment of its possible impacts on
the Antarctic environment and on dependent and on associated
ecosystems, that the activity in question would not cause:

significant adverse effects on air and water quality;

significant changes in atmospheric, terrestrial or marine
environments;

significant changes in the distribution, abundance or
productivity of populations of species of fauna or flora;

further jeopardy to endangered or threatened species or
populations of such species; or

degradation of, or substantial risk to, areas of special
biological, scientific, historic, aesthetic or wilderness
significance.

3. No Antarctic mineral resource activity shall take place until
it is judged, based upon assessment of its possible impacts,
that the activity in question would not cause significant
adverse effects on global or regional climate or weather
patterns.

4. No Antarctic mineral resource activity shall take place until
it is judged that:

technology and procedures are available to provide for safe
operations and compliance with paragraphs 2 and 3 above;

there exists the capacity to monitor key environmental
parameters and ecosystem components so as to identify any
adverse effects of such activity and to provide for the
modification of operating procedures as may be necessary in the
light of the results of monitoring or increased knowledge of the
Antarctic environment or dependent or associated ecosystems; and

there exists the capacity to respond effectively to accidents,
particularly those with potential environmental effects.

5 The judgments referred to in paragraphs 2, 3 and 4 above shall
take into account the cumulative impacts of possible Antarctic
mineral resource activities both by themselves and in
combination with other such activities and other uses of
Antarctica.

Article 5.

AREA OF APPLICATION

1. This Convention shall, subject to paragraphs 2, 3 and 4
below, apply to the Antarctic Treaty area.

2. Without prejudice to the responsibilities of the Antarctic
Treaty Consultative Parties under the Antarctic Treaty and
measures pursuant to it, the Parties agree that this Convention
shall regulate Antarctic mineral resource activities which take
place on the continent of Antarctica and all Antarctic islands,
including all ice shelves, south of 60 deg. south latitude and
in the seabed and subsoil of adjacent offshore areas up to the
deep seabed.

3. For the purposes of this Convention 'deep seabed' means the
seabed and subsoil beyond the geographic extent of the
continental shelf as the term continental shelf is defined in
accordance with international law.

4. Nothing in this Article shall be construed as limiting the
application of other Articles of this Convention in so far as
they relate to possible impacts outside the area referred to in
paragraphs 1 and 2 above, including impacts on dependent or on
associated ecosystems.

Article 6.

COOPERATION AND INTERNATIONAL PARTICIPATION

In the implementation of this Convention cooperation within its
framework shall be promoted and encouragement given to
international participation in Antarctic mineral resource
activities by interested Parties which are Antarctic Treaty
Consultative Parties and by other interested Parties, in
particular, developing countries in either category. Such
participation may be realised through the Parties themselves and
their Operators.

Article 7.

COMPLIANCE WITH THIS CONVENTION

1. Each Party shall take appropriate measures within its
competence to ensure compliance with this Convention and any
measures in effect pursuant to it.

2. If a Party is prevented by the exercise of jurisdiction by
another Party from ensuring compliance in accordance with
paragraph 1 above, it shall not, to the extent that it is so
prevented, bear responsibility for that failure to ensure
compliance.

3. If any jurisdictional dispute related to compliance with this
Convention or any measure in effect pursuant to it arises
between two or more Parties, the Parties concerned shall
immediately consult together with a view to reaching a mutually
acceptable solution.

4. Each Party shall notify the Executive Secretary, for
circulation to all other Parties, of the measures taken pursuant
to paragraph 1 above.

5. Each Party shall exert appropriate efforts, consistent with
the Charter of the United Nations, to the end that no one
engages in any Antarctic mineral resource activities contrary to
the objectives and principles of this Convention.

6 Each Party may, whenever it deems it necessary, draw the
attention of the Commission to any activity which in its opinion
affects the implementation of the objectives and principles of
this Convention.

7. The Commission shall draw the attention of all Parties to any
activity which, in the opinion of the Commission, affects the
implementation of the objectives and principles of this
Convention or the compliance by any Party with its obligations
under this Convention and any measures in effect pursuant to it.

8. The Commission shall draw the attention of any State which is
not a Party to this Convention to any activity undertaken by
that State, its agencies or instrumentalities, natural or
juridical persons, ships, aircraft or other means of
transportation which, in the opinion of the Commission, affects
the implementation of the objectives and principles of this
Convention. The Commission shall inform all Parties accordingly.

9. Nothing in this Article shall affect the operation of Article
127 of this Convention or Article VIII of the Antarctic Treaty.

Article 8.

RESPONSE ACTION AND LIABILITY

1. An Operator undertaking any Antarctic mineral resource
activity shall take necessary and timely response action,
including prevention, containment, clean up and removal
measures, if the activity results in or threatens to result in
damage to the Antarctic environment or dependent or associated
ecosystems. The Operator, through its Sponsoring State, shall
notify the Executive Secretary, for circulation to the relevant
institutions of this Convention and to all Parties, of action
taken pursuant to this paragraph.

2. An Operator shall be strictly liable for:

damage to the Antarctic environment or dependent or associated
ecosystems arising from its Antarctic mineral resource
activities, including payment in the event that there has been
no restoration to the status quo ante;

loss of or impairment to an established use, as referred to in
Article 15, or loss of or impairment to an established use of
dependent or associated ecosystems, arising directly out of
damage described in subparagraph (a) above;

loss of or damage to property of a third party or loss of life
or personal injury of a third party arising directly out of
damage described in subparagraph (a) above; and

reimbursement of reasonable costs by whomsoever incurred
relating to necessary response action, including prevention,
containment, clean up and removal measures, and action taken to
restore the status quo ante where Antarctic mineral resource
activities undertaken by that Operator result in or threaten to
resulting damage to the Antarctic environment or dependent or
associated ecosystems.

3. Damage of the kind referred to in paragraph 2 above which
would not have occurred or continued if the Sponsoring State had
carried out its obligations under this Convention with respect
to its Operator shall, in accordance with international law,
entail liability of that Sponsoring State. Such liability shall
be limited to that portion of liability not satisfied by the
Operator or otherwise.

Nothing in subparagraph (a) above shall affect the application
of the rules of international law applicable in the event that
damage not referred to in that subparagraph would not have
occurred or continued if the Sponsoring State had carried out
its obligations under this Convention with respect to its
Operator.

4. An Operator shall not be liable pursuant to paragraph 2 above
if it proves that the damage has been caused directly by, and to
the extent that it has been caused directly by:

an event constituting in the circumstances of Antarctica a
natural disaster of an exceptional character which could not
reasonably have been foreseen; or

armed conflict, should it occur notwithstanding the Antarctic
Treaty, or an act of terrorism directed against the activities
of the Operator, against which no reasonable precautionary
measures could have been effective.

5. Liability of an Operator for any loss of life, personal
injury or loss of or damage to property other than that governed
by this Article shall be regulated by applicable law and
procedures.

6. If an Operator proves that damage has been caused totally or
in part by an intentional or grossly negligent act or omission
of the party seeking redress, that Operator may be relieved
totally or in part from its obligation to pay compensation in
respect of the damage suffered by such party.

Further rules and procedures in respect of the provisions on
liability set out in this Article shall be elaborated through a
separate Protocol which shall be adopted by consensus by the
members of the Commission and shall enter into force according
to the procedure provided for in Article 62 for the entry into
force of this Convention.

Such rules and procedures shall be designed to enhance the
protection of the Antarctic environment and dependent and
associated ecosystems.

Such rules and procedures:

i. may contain provisions for appropriate limits on liability,
where such limits can be justified;

ii. without prejudice to Article 57, shall prescribe means and
mechanisms such as a claims tribunal or other for a by which
claims against Operators pursuant to this Article may be
assessed and adjudicated;

iii. shall ensure that a means is provided to assist with
immediate response action, and to satisfy liability under
paragraph 2 above in the event, inter alia, that an Operator
liable is financially incapable of meeting its obligation in
full, that it exceeds any relevant limits of liability, that
there is a defence to liability or that the loss or damage is of
undetermined origin. Unless it is determined during the
elaboration of the Protocol that there are other effective means
of meeting these objectives, the Protocol shall establish a Fund
or Funds and make provision in respect of such Fund or Funds,
inter alia, for the following:

* financing by Operators or on industry wide bases;

* ensuring the permanent liquidity and mandatory supplementation
thereof in the event of insufficiency;

* reimbursement of costs of response action, by whomsoever
incurred.

8. Nothing in paragraphs 4, 6 and 7 above or in the Protocol
adopted pursuant to paragraph 7 shall affect in any way the
provisions of paragraph 1 above.

9. No application for an exploration or development permit shall
be made until the Protocol provided for in paragraph 7 above is
in force for the Party lodging such application.

10. Each Party, pending the entry into force for it of the
Protocol provided for in paragraph 7 above, shall ensure,
consistently with Article 7 and in accordance with its legal
system, that recourse is available in its national courts for
adjudicating liability claims pursuant to paragraphs 2, 4 and 6
above against Operators which are engaged in prospecting. Such
recourse shall include the adjudication of claims against any
Operator it has sponsored. Each Party shall also ensure, in
accordance with its legal system, that the Commission has the
right to appear as a party in its national courts to pursue
relevant liability claims under paragraph 2(a) above.

11. Nothing in this Article or in the Protocol provided for in
paragraph 7 above shall be construed as to:

a. preclude the application of existing rules on liability, and
the development in accordance with international law of further
such rules, which may have application to either States or
Operators; or

b. affect the right of an Operator incurring liability pursuant
to this Article to seek redress from another party which caused
or contributed to the damage in question.

12. When compensation has been paid other than under this
Convention liability under this Convention shall be offset by
the amount of such payment.

* Article 9.

*

PROTECTION OF LEGAL POSITIONS UNDER THE ANTARCTIC TREATY

Nothing in this Convention and no acts or activities taking
place while this Convention is in force shall:

constitute a basis for asserting, supporting or denying a claim
to territorial sovereignty in the Antarctic Treaty area or
create any rights of sovereignty in the Antarctic Treaty area;

be interpreted as a renunciation or diminution by any Party of,
or as prejudicing, any right or claim or basis of claim to
territorial sovereignty in Antarctica or to exercise coastal
state jurisdiction under international law;

be interpreted as prejudicing the position of any Party as
regards its recognition or non-recognition of any such right,
claim or basis of claim; or

affect the provision of Article IV(2) of the Antarctic Treaty
that no new claim, or enlargement of an existing claim, to
territorial sovereignty in Antarctica shall be asserted while
the Antarctic Treaty is in force.

* Article 10.

*

CONSISTENCY WITH THE OTHER COMPONENTS OF THE ANTARCTIC TREATY
SYSTEM

1. Each Party shall ensure that Antarctic mineral resource
activities take place in a manner consistent with the components
of the Antarctic Treaty system, including the Antarctic Treaty,
the Convention for the Conservation of Antarctic Seals and the
Convention on the Conservation of Antarctic Marine Living
Resources and the measures in effect pursuant to those
instruments.

2. The Commission shall consult and cooperate with the Antarctic
Treaty Consultative Parties, the Contracting Parties to the
Convention for the Conservation of Antarctic Seals, and the
Commission for the Conservation of Antarctic Marine Living
Resources with a view to ensuring the achievement of the
objectives and principles of this Convention and avoiding any
interference with the achievement of the objectives and
principles of the Antarctic Treaty, the Convention for the
Conservation of Antarctic Seals or the Convention on the
Conservation of Antarctic Marine Living Resources, or
inconsistency between the measures in effect pursuant to those
instruments and measures in effect pursuant to this Convention.

* Article 11.

*

INSPECTION UNDER THE ANTARCTIC TREATY

All stations, installations and equipment, in the Antarctic
Treaty area, relating to Antarctic mineral resource activities,
as well as ships and aircraft supporting such activities at
points of discharging or embarking cargoes or personnel at such
stations and installations, shall be open at all times to
inspection by observers designated under Article VII of the
Antarctic Treaty for the purposes of that Treaty.

* Article 12.

*

INSPECTION UNDER THIS CONVENTION

1. In order to promote the objectives and principles and to
ensure the observance of this Convention and measures in effect
pursuant to it, all stations, installations and equipment
relating to Antarctic mineral resource activities in the area in
which these activities are regulated by this Convention, as well
as ships and aircraft supporting such activities at points of
discharging or embarking cargoes or personnel anywhere in that
area shall be open at all times to inspection by:

observers designated by any member of the Commission who shall
be nationals of that member; and

observers designated by the Commission or relevant Regulatory
Committees.

2. Aerial inspection may be carried out at any time over the
area in which Antarctic mineral resource activities are
regulated by this Convention.

3. The Commission shall maintain an up-to-date list of observers
designated pursuant to paragraph 1(a) and (b) above.

4. Reports from the observers shall be transmitted to the
Commission and to any Regulatory Committee having competence in
the area where the inspection has been carried out.

5. Observers shall avoid interference with the safe and normal
operations of stations, installations and equipment visited and
shall respect measures adopted by the Commission to protect
confidentiality of data and information.

6. Inspections undertaken pursuant to paragraph 1(a) and (b)
above shall be compatible and reinforce each other and shall not
impose an undue burden on the operation of stations,
installations and equipment visited.

7. In order to facilitate the exercise of their functions under
this Convention, and without prejudice to the respective
positions of the Parties relating to jurisdiction over all other
persons in the area in which Antarctic mineral resource
activities are regulated by this Convention, observers
designated under this Article shall be subject only to the
jurisdiction of the Party of which they are nationals in respect
of all acts or omissions occurring while they are in that area
for the purpose of exercising their functions.

8. No exploration or development shall take place in an area
identified pursuant to Article 41 until effective provision has
been made for inspection in that area.

* Article 13.

*

PROTECTED AREAS

1. Antarctic mineral resource activities shall be prohibited in
any area designated as a Specially Protected Area or a Site of
Special Scientific Interest under Article IX(1) of the Antarctic
Treaty. Such activities shall also be prohibited in any other
area designated as a protected area in accordance with Article
IX(1) of the Antarctic Treaty, except to the extent that the
relevant measure provides otherwise. Pending any designation
becoming effective in accordance with Article IX(4) of the
Antarctic Treaty, no Antarctic mineral resource activities shall
take place in any such area which would prejudice the purpose
for which it was designated.

2. The Commission shall also prohibit or restrict Antarctic
mineral resource activities in any area which, for historic,
ecological, environmental, scientific or other reasons, it has
designated as a protected area.

3. In exercising its powers under paragraph 2 above or under
Article 41 the Commission shall consider whether to restrict or
prohibit Antarctic mineral resource activities in any area, in
addition to those referred to in paragraph 1 above, protected or
set aside pursuant to provisions of other components of the
Antarctic Treaty system, to ensure the purposes for which they
are designated.

4. In relation to any area in which Antarctic mineral resource
activities are prohibited or restricted in accordance with
paragraph 1, 2 or 3 above, the Commission shall consider
whether, for the purposes of Article 4(2)(e), it would be
prudent, additionally, to prohibit or restrict Antarctic mineral
resource activities in adjacent areas for the purpose of
creating a buffer zone.

5. The Commission shall give effect to Article 10(2) in acting
pursuant to paragraphs 2, 3 and 4 above.

6. The Commission shall, where appropriate, bring any decisions
it takes pursuant to this Article to the attention of the
Antarctic Treaty Consultative Parties, the Contracting Parties
to the Convention for the Conservation of Antarctic Seals, the
Commission for the Conservation of Antarctic Marine Living
Resources and the Scientific Committee on Antarctic Research.

* Article 14.

*

NON-DISCRIMINATION

In the implementation of this Convention there shall be no
discrimination against any Party or its Operators.

* Article 15.

*

RESPECT FOR OTHER USES OF ANTARCTICA

1. Decisions about Antarctic mineral resource activities shall
take into account the need to respect other established uses of
Antarctica, including:

the operation of stations and their associated installations,
support facilities and equipment in Antarctica;

scientific investigation in Antarctica and cooperation therein;

the conservation, including rational use, of Antarctic marine
living resources;

tourism;

the preservation of historic monuments; and

navigation and aviation,

that are consistent with the Antarctic Treaty system.

2. Antarctic mineral resource activities shall be conducted so
as to respect any uses of Antarctica as referred to in paragraph
1 above.

* Article 16.

*

AVAILABILITY AND CONFIDENTIALITY OF DATA AND INFORMATION

Data and information obtained from Antarctic mineral resource
activities shall, to the greatest extent practicable and
feasible, be made freely available, provided that:

a. as regards data and information of commercial value deriving
from prospecting, they may be retained by the Operator in
accordance with Article 37;

b. as regards data and information deriving from exploration or
development, the Commission shall adopt measures relating, as
appropriate, to their release and to ensure the confidentiality
of data and information of commercial value.

* Article 17.

*

NOTIFICATIONS AND PROVISIONAL EXERCISE OF FUNCTIONS OF THE
EXECUTIVE SECRETARY

1. Where in this Convention there is a reference to the
provision of information, a notification or a report to any
institution provided for in this Convention and that institution
has not been established, the information, notification or
report shall be provided to the Executive Secretary who shall
circulate it as required.

2. Where in this Convention a function is assigned to the
Executive Secretary and no Executive Secretary has been
appointed under Article 33, that function shall be performed by
the Depositary.

* CHAPTER II. INSTITUTIONS

* Article 18.

*

COMMISSION

1. There is hereby established the Antarctic Mineral Resources
Commission.

2. Membership of the Commission shall be as follows:

each Party which was an Antarctic Treaty Consultative Party on
the date when this Convention was opened for signature; and

each other Party during such time as it is actively engaged
insubstantial scientific, technical or environmental research in
the area to which this Convention applies directly relevant to
decisions about Antarctic mineral resource activities,
particularly the assessments and judgments called for in Article
4; and

each other Party sponsoring Antarctic mineral resource
exploration or development during such time as the relevant
Management Scheme is in force.

3. A Party seeking to participate in the work of the Commission
pursuant to subparagraph (b) or (c) above shall notify the
Depositary of the basis upon which it seeks to become a member
of the Commission. In the case of a Party which is not an
Antarctic Treaty Consultative Party, such notification shall
include a declaration of intent to abide by recommendations
pursuant to Article IX(1) of the Antarctic Treaty. The
Depository shall communicate to each member of the Commission
such notification and accompanying information.

4. The Commission shall consider the notification at its next
meeting. In the event that a Party referred to in paragraph 2(b)
above submitting a notification pursuant to paragraph

3 above is an Antarctic Treaty Consultative Party, it shall be
deemed to have satisfied the requirements for Commission
membership unless more than one-third of the members of the
Commission object at the meeting at which such notification is
considered. Any other Party submitting a notification shall be
deemed to have satisfied the requirements for Commission
membership if no member of the Commission objects at the meeting
at which such notification is considered.

5. Each member of the Commission shall be represented by one
representative who may be accompanied by alternate
representatives and advisers.

6. Observer status in the Commission shall be open to any Party
and to any Contracting Party to the Antarctic Treaty which is
not a Party to this Convention.

* Article 19.

*

COMMISSION MEETINGS

The first meeting of the Commission, held for the purpose of
taking organisational, financial and other decisions necessary
for the effective functioning of this Convention and its
institutions, shall be convened within six months of the entry
into force of this Convention.

After the Commission has held the meeting or meetings necessary
to take the decisions referred to in subparagraph (a) above, the
Commission shall not hold further meetings except in accordance
with paragraph 2 or 3 below.

2. Meetings of the Commission shall be held within two months
of:

receipt of a notification pursuant to Article 39;

a request by at least six members of the Commission; or

a request by a member of a Regulatory Committee in accordance
with Article 49(1).

3. The Commission may establish a regular schedule of meetings
if it determines that it is necessary for the effective
functioning of this Convention.

4. Unless the Commission decides otherwise, its meetings shall
be convened by the Executive Secretary.

* Article 20.

*

COMMISSION PROCEDURE

1 The Commission shall elect from among its members a Chairman
and two Vice-Chairmen, each of whom shall be a representative of
a different Party.

Until such time as the Commission has established a regular
schedule of meetings in accordance with Article 19(3), the
Chairman and Vice-Chairmen shall be elected to serve for a
period of two years, provided that if no meeting is held during
that period they shall continue to serve until the conclusion of
the first meeting held there after.

When a regular schedule of meetings has been established, the
Chairman and Vice-Chairmen shall be elected to serve for a
period of two years.

3. The Commission shall adopt its rules of procedure. Such rules
may include provisions concerning the number of terms of office
which the Chairman and Vice-Chairmen may serve and for the
rotation of such offices.

4. The Commission may establish such subsidiary bodies as are
necessary for the performance of its functions.

5. The Commission may decide to establish a permanent
headquarters which shall be in New Zealand.

6. The Commission shall have legal personality and shall enjoy
in the territory of each Party such legal capacity as may be
necessary to perform its functions and achieve the objectives of
this Convention.

7. The privileges and immunities to be enjoyed by the
Commission, the Secretariat and representatives attending
meetings in the territory of a Party shall be determined by
agreement between the Commission and the Party concerned.

* Article 21.

*

FUNCTIONS OF THE COMMISSION

1. The functions of the Commission shall be:

to facilitate and promote the collection and exchange of
scientific, technical and other information and research
projects necessary to predict, detect and assess the possible
environmental impact of Antarctic mineral resource activities,
including the monitoring of key environmental parameters and
ecosystem components;

to designate areas in which Antarctic mineral resource
activities shall be prohibited or restricted in accordance with
Article 13, and to perform the related functions assigned to it
in that Article;

to adopt measures for the protection of the Antarctic
environment and dependent and associated ecosystems and for the
promotion of safe and effective exploration and development
techniques and, as it may deem appropriate, to make available a
handbook of such measures;

to determine, in accordance with Article 41, whether or not to
identify an area for possible exploration and development, and
to perform the related functions assigned to it in Article 42;

to adopt measures relating to prospecting applicable to all
relevant Operators:

i. to determine for particular circumstances maximum drilling
depths in accordance with Article 1(8);

ii. to restrict or prohibit prospecting consistently with
Articles 13, 37 and 38;

to ensure the effective application of Articles 12(4), 37(7)and
(8), 38(2) and 39(2), which require the submission to the
Commission of information, notifications and reports;

to give advance public notice of matters upon which it is
requesting the advice of the Advisory Committee;

to adopt measures relating to the availability and
confidentiality of data and information, including measures
pursuant to Article 16;

i. to elaborate the principle of non-discrimination set forth in
Article 14;

j. to adopt measures with respect to maximum block sizes;

k. to perform the functions assigned to it in Article 29;

l. to review action by Regulatory Committees in accordance with
Article 49;

m. to adopt measures in accordance with Articles 6 and
41(1)(d)related to the promotion of cooperation and to
participation in Antarctic mineral resource activities;

n. to adopt general measures pursuant to Article 51(6);

o. to take decisions on budgetary matters and adopt financial
regulations in accordance with Article 35;

p. to adopt measures regarding fees payable in connection with
notifications submitted pursuant to Articles 37 and 39 and
applications lodged pursuant to Articles 44 and 53, the purpose
of which fees shall be to cover the administrative costs of
handling such notifications and applications;

q. to adopt measures regarding levies payable by Operators
engaged in exploration and development, the principal purpose of
which levies shall be to cover the costs of the institutions of
this Convention;

r. to determine in accordance with Article 35(7) the disposition
of revenues, if any, accruing to the Commission which are
surplus to the requirements for financing the budget pursuant to
Article 35;

s. to perform the functions assigned to it in Article 7(7)
and(8);

t. to perform the functions relating to inspection assigned to
it in Article 12;

u. to consider monitoring reports received pursuant to Article
52;

v. to perform the functions relating to dispute settlement
assigned to it in Article 59;

w. to perform the functions relating to consultation and
cooperation assigned to it in Articles 10(2) and 34;

x. to keep under review the conduct of Antarctic mineral
resource activities with a view to safeguarding the protection
of the Antarctic environment in the interest of all mankind; and

y. to perform such other functions as are provided for elsewhere
in this Convention.

2. In performing its functions the Commission shall seek and
take full account of the views of the Advisory Committee
provided in accordance with Article 26.

3. Each measure adopted by the Commission shall specify the date
on which it comes into effect.

4. The Commission shall, subject to Article 16 and measures in
effect pursuant to it and paragraph 1(h) above, ensure that a
publicly available record of its meetings and decisions and of
information, notifications and reports submitted to it is
maintained.

* Article 22.

*

DECISION MAKING IN THE COMMISSION

1. The Commission shall take decisions on matters of substance
by a three-quarters majority of the members present and voting.
When a question arises as to whether a matter is one of
substance or not, that matter shall be treated as one of
substance unless otherwise decided by a three-quarters majority
of the members present and voting.

2. Notwithstanding paragraph 1 above, consensus shall be
required for the following:

a. the adoption of the budget and decisions on budgetary and
related matters pursuant to Article 21(1)(p), (q) and (r) and
Article 35(1), (2), (3), (4) and (5);

b. decisions taken pursuant to Article 21(1)(i);

c. decisions taken pursuant to Article 41(2).

3. Decisions on matters of procedure shall be taken by a simple
majority of the members present and voting.

4. Nothing in this Article shall be interpreted as preventing
the Commission, in taking decisions on matters of substance,
from endeavouring to reach a consensus.

5. For the purposes of this Article, consensus means the absence
of a formal objection. If, with respect to any decision covered
by paragraph 2(c) above, the Chairman of the Commission
determines that there would be such an objection he shall
consult the members of the Commission. If, as a result of these
consultations, the Chairman determines that an objection would
remain, he shall convene those members most directly interested
for the purpose of seeking to reconcile the differences and
producing a generally acceptable proposal.

* Article 23.

*

ADVISORY COMMITTEE

1. There is hereby established the Scientific, Technical and
Environmental Advisory Committee.

2. Membership of the Advisory Committee shall be open to all
Parties.

3. Each member of the Advisory Committee shall be represented by
one representative with suitable scientific, technical or
environmental competence who may be accompanied by alternate
representatives and by experts and advisers.

4. Observer status in the Advisory Committee shall be open to
any Contracting Party to the Antarctic Treaty or to the
Convention on the Conservation of Antarctic Marine Living
Resources which is not a Party to this Convention.

* Article 24.

*

ADVISORY COMMITTEE MEETINGS

1. Unless the Commission decides otherwise, the Advisory
Committee shall be convened for its first meeting within six
months of the first meeting of the Commission. It shall meet
thereafter as necessary to fulfil its functions on the basis of
a schedule established by the Commission.

2. Meetings of the Advisory Committee, in addition to those
scheduled pursuant to paragraph 1 above, shall be convened at
the request of at least six members of the Commission or
pursuant to Article 40(1).

3. Unless the Commission decides otherwise, the meetings of the
Advisory Committee shall be convened by the Executive Secretary.

* Article 25.

*

ADVISORY COMMITTEE PROCEDURE

1. The Advisory Committee shall elect from among its members a
Chairman and two Vice-Chairmen, each of whom shall be a
representative of a different Party.

a. Until such time as the Commission has established a schedule
of meetings in accordance with Article 24(1), the Chairman and
Vice-Chairmen shall be elected to serve for a period of two
years, provided that if no meeting is held during that period
they shall continue to serve until the conclusion of the first
meeting held there after.

b. When a schedule of meetings has been established, the
Chairman and Vice-Chairmen shall be elected to serve for a
period of two years.

3. The Advisory Committee shall give advance public notice of
its meetings and of matters to be considered at each meeting so
as to permit the receipt and consideration of views on such
matters from international organisations having an interest in
them. For this purpose the Advisory Committee may, subject to
review by the Commission, establish procedures for the
transmission of relevant information to these organisations.

4. The Advisory Committee shall, by a two-thirds majority of the
members present and voting, adopt its rules of procedure. Such
rules may include provisions concerning the number of terms of
office which the Chairman and Vice-Chairmen may serve and for
the rotation of such offices. The rules of procedure and any
amendments thereto shall be subject to approval by the
Commission.

5. The Advisory Committee may establish such subcommittees,
subject to budgetary approval, as may be necessary for the
performance of its functions.

* Article 26.

*

FUNCTIONS OF THE ADVISORY COMMITTEE

1. The Advisory Committee shall advise the Commission and
Regulatory Committees, as required by this Convention, or as
requested by them, on the scientific, technical and
environmental aspects of Antarctic mineral resource activities.
It shall provide a forum for consultation and cooperation
concerning the collection, exchange and evaluation of
information related to the scientific, technical and
environmental aspects of Antarctic mineral resource activities.

2. It shall provide advice to:

a. the Commission relating to its functions under Articles
21(1)(a) to (f), (u) and (x) and 35(7)(a) (in matters relating
to scientific research) as well as on the implementation if
Article 4; and

b. Regulatory Committees with respect to:

i. the implementation of Article 4;

ii. scientific, technical and environmental aspects of Articles
43(3) and (5), 45, 47, 51, 52 and 54;

iii. data to be collected and reported in accordance with
Articles 47 and 52; and

iv the scientific, technical and environmental implications of
reports and reported data provided in accordance with Articles
47 and 52.

3. It shall provide advice to the Commission and to Regulatory
Committees on:

a. criteria in respect of the judgments required under Article
4(2) and (3) for the purposes of Article 4(1);

b. types of data and information required to carry out its
functions, and how they should be collected, reported and
archived;

c. scientific research which would contribute to the base of
data and information required in subparagraph (b) above;

d. effective procedures and systems for data and information
analysis, evaluation, presentation and dissemination to
facilitate the judgments referred to in Article 4; and

e. possibilities for scientific, technical and environmental
cooperation amongst interested Parties which are developing
countries and other Parties.

4. The Advisory Committee, in providing advice on decisions to
be taken in accordance with Articles 41, 43, 45 and 54 shall, in
each case, undertake a comprehensive environmental and technical
assessment of the proposed actions. Such assessments shall be
based on all information, and any amplifications thereof,
available to the Advisory Committee, including the information
provided pursuant to Articles 39(2)(e), 44(2)(b)(iii) and
53(2)(b). The assessments of the Advisory Committee shall, in
each case, address the nature and scope of the decisions to be
taken and shall include consideration, as appropriate, of, inter
alia:

a. the adequacy of existing information to enable informed
judgments to be made;

b. the nature, extent, duration and intensity of likely direct
environmental impacts resulting from the proposed activity;

c. possible indirect impacts;

d. means and alternatives by which such direct or indirect
impacts might be reduced, including environmental consequences
of the alternative of not proceeding;

e. cumulative impacts of the proposed activity in the light of
existing or planned activities;

f. capacity to respond effectively to accidents with potential
environmental effects;

g. the environmental significance of unavoidable impacts; and

h. the probabilities of accidents and their environmental
consequences.

5. In preparing its advice the Advisory Committee may seek
information and advice from other scientists and experts or
scientific organisations as may be required on an ad hoc basis.

6. The Advisory Committee shall, with a view to promoting
international participation in Antarctic mineral resource
activities as provided for in Article 6, provide advice
concerning the availability to interested developing country
Parties and other Parties, of the information referred to in
paragraph 3 above, of training programs related to scientific,
technical and environmental matters bearing on Antarctic mineral
resource activities, and of opportunities for cooperation among
Parties in these programs.

* Article 27.

*

REPORTING BY THE ADVISORY COMMITTEE

The Advisory Committee shall present a report on each of its
meetings to the Commission and to any relevant Regulatory
Committee. The report shall cover all matters considered at the
meeting and shall reflect the conclusions reached and all the
views expressed by members of the Advisory Committee. The report
shall be circulated by the Executive Secretary to all Parties,
and to observers attending the meeting, and shall thereupon be
made publicly available.

* Article 28.

*

SPECIAL MEETING OF PARTIES

1. A Special Meeting of Parties shall, as required, be convened
in accordance with Article 40(2) and shall have the functions,
in relation to the identification of an area for possible
exploration and development, specified in Article 40(3).

2. Membership of a Special Meeting of Parties shall be open to
all Parties, each of which shall be represented by one
representative who may be accompanied by alternate
representatives and advisers.

3. Observer status at a Special Meeting of Parties shall be open
to any Contracting Party to the Antarctic Treaty which is not a
Party to this Convention.

4. Each Special Meeting of Parties shall elect from among its
members a Chairman and Vice-Chairmen, each of whom shall serve
for the duration of that meeting. The Chairman and Vice-Chairman
shall not be representatives of the same Party.

5. The Special Meeting of Parties shall, by a two-thirds
majority of the members present and voting, adopt its rules of
procedure. Until such time as this has been done the Special
Meeting of Parties shall apply provisional rules of procedure
drawn up by the Commission.

6. Unless the Commission decides otherwise, a Special Meeting of
Parties shall be convened by the Executive Secretary and shall
be held at the same venue as the meeting of the Commission
convened to consider the identification of an area for possible
exploration and development.

* Article 29.

*

REGULATORY COMMITTEES

1. An Antarctic Mineral Resources Regulatory Committee shall be
established for each area identified by the Commission pursuant
to Article 41.

2. Subject to paragraph 6 below, each Regulatory Committee shall
consist of 1O members. Membership shall be determined by the
Commission in accordance with this Article and, taking into
account Article 9, shall include:

a. the member, if any, or if there are more than one, those
members of the Commission identified by reference to Article
9(b)which assert rights or claims in the identified area;

b. the two members of the Commission also identified by
reference to Article 9(b) which assert a basis of claim in
Antarctica;

c. other members of the Commission determined in accordance with
this Article so that the Regulatory Committee shall, subject to
paragraph 6 below, consist, in total, of 10 members:

i. four members identified by reference to Article 9(b) which
assert rights or claims, including the member or members, if
any, referred to in subparagraph (a) above and

ii. six members which do not assert rights or claims as
described in Article 9(b), including the two members referred to
in subparagraph(b) above.

3. Upon the identification of an area in accordance with Article
41(2),the Chairman of the Commission shall, as soon as possible
and in any event within 90 days, make a recommendation to the
Commission concerning the membership of the Regulatory
Committee. To this end the Chairman shall consult, as
appropriate, with the Chairman of the Advisory Committee and all
members of the Commission. Such recommendation shall comply with
the requirements of paragraphs 2 and 4 of this Article and shall
ensure:

a. the inclusion of members of the Commission which, whether
through prospecting, scientific research or otherwise, have
contributed substantial scientific, technical or environmental
information relevant to the identification of the area by the
Commission pursuant to Article 41;

b. adequate and equitable representation of developing country
members of the Commission, having regard to the overall balance
between developed and developing country members of the
Commission, including at least three developing country members
of the Commission;

c. that account is taken of the value of a rotation of
membership of Regulatory Committees as a further means of
ensuring equitable representation of members of the Commission.

a. When there are one or more members of the Regulatory
Committee referred to in paragraph 2(a) above, the Chairman of
the Commission shall make the recommendation in respect of
paragraph 2(c)(i) above upon the nomination, if any, of such
member or members which shall take into account paragraph 3
above, in particular subparagraph (b) of that paragraph.

b. In making the recommendation in respect of paragraph
2(c)(ii)above, the Chairman of the Commission shall give full
weight to the views (which shall take into account paragraph 3
above) which may be presented on behalf of those members of the
Commission which do not assert rights of or claims to
territorial sovereignty in Antarctica and, with reference to the
requirements of paragraph 3(b) above, to the views which may be
presented on behalf of the developing countries among them.

5. The recommendation of the Chairman of the Commission shall be
deemed to have been approved by the Commission if it does not
decide otherwise at the same meeting as the recommendation is
submitted. In taking any decision in accordance with this
Article the Commission shall ensure that the requirements of
paragraphs 2 and 3 above are complied with and that the
nomination, if any, referred to in paragraph 4(a) above is given
effect.

a. If a member of the Commission which has sponsored prospecting
in the identified area and submitted the notification pursuant
to Article 39 upon which the Commission based its identification
of the area pursuant to Article 41, is not a member of the
Regulatory Committee by virtue of paragraphs 2 and 3 above, that
member of The Commission shall be a member of the Regulatory
Committee until such time as an application for an exploration
permit is lodged pursuant to Article 44.

b. If a Party lodging an application for an exploration permit
pursuant to Article 44 is not a member of the Regulatory
Committee by virtue of paragraphs 2 and 3 above, that Party
shall be a member of the Regulatory Committee for its
consideration of that application. Should such application
result in approval of a Management Scheme pursuant to Article
48, the Party in question shall remain a member of the
Regulatory Committee during such time as that Management Scheme
is in force with the right to take part in decisions on matters
affecting that Management Scheme.

7. Nothing in this Article shall be interpreted as affecting
Article IV of the Antarctic Treaty.

* Article 30.

*

REGULATORY COMMITTEE PROCEDURE

1. The first meeting of each Regulatory Committee shall be
convened by the Executive Secretary in accordance with Article
43(1). Each Regulatory Committee shall meet thereafter when and
where necessary to fulfil its functions.

2. Each member of a Regulatory Committee shall be represented by
one representative who may be accompanied by alternate
representatives and advisers.

3. Each Regulatory Committee shall elect from among its members
a Chairman and Vice-Chairman. The Chairman and Vice-Chairman
shall not be representatives of the same Party.

4. Any Party may attend meetings of a Regulatory Committee as an
observer.

5. Each Regulatory Committee shall adopt its rules of procedure.
Such rules may include provisions concerning the period and
number of terms of office which the Chairman and Vice-Chairman
may serve and for the rotation of such offices.

* Article 31

*

FUNCTIONS OF REGULATORY COMMITTEES

1. The functions of each Regulatory Committee shall be:

a. to undertake the preparatory work provided for in Article 43;

b. to consider applications for exploration and development
permits in accordance with Articles 45, 46 and 54;

c. to approve Management Schemes and issue exploration and
development permits in accordance with Articles 47, 48 and 54;

d. to monitor exploration and development activities in
accordance with Article 52;

e. to perform the functions assigned to it in Article 51;

f. to perform the functions relating to inspection assigned to
it in Article 12;

g. to perform the functions relating to dispute settlement
assigned to it in Article 47(r); and

h. to perform such other functions as are provided for elsewhere
in this Convention.

2. In performing its functions each Regulatory Committee shall
seek and take full account of the views of the Advisory
Committee provided in accordance with Article 26.

3. Each Regulatory Committee shall, subject to Article 16 and
measures in effect pursuant to it and Article 21(1)(h), ensure
that a publicly available record of its decisions, and of
Management Schemes in force, is maintained.

* Article 32.

*

DECISION MAKING IN REGULATORY COMMITTEES

1. Decisions by a Regulatory Committee pursuant to Articles 48
and 54(5) shall be taken by a two-thirds majority of the members
present and voting, which majority shall include a simple
majority of those members present and voting referred to in
Article 29(2)(c)(I) and also simple majority of those members
present and voting referred to in Article 29(2)(c)(ii).

2. Decisions by a Regulatory Committee pursuant to Article 43(3)
and(5) shall be taken by a two-thirds majority of the members
present and voting, which majority shall include at least half
of those members present and voting referred to in Article
29(2)(c)(i) and also at least half of those members present and
voting referred to in Article 29(2)(c)(ii).

3. Decisions on all other matters of substance shall be taken by
a two-thirds majority of the members present and voting. When a
question arises as to whether a matter is one of substance or
not, that matter shall be treated as one of substance unless
otherwise decided by a two-thirds majority of the members
present and voting.

4. Decisions on matters of procedure shall be taken by a simple
majority of the members present and voting.

5. Nothing in this Article shall be interpreted as preventing a
Regulatory Committee, in taking decisions on matters of
substance, from endeavoring to reach a consensus.

* Article 33.

*

SECRETARIAT

1. The Commission may establish a Secretariat to serve the
Commission, Regulatory Committees, the Advisory Committee, the
Special Meeting of Parties and any subsidiary bodies
established.

2. The Commission may appoint an Executive Secretary, who shall
be the head of the Secretariat, according to such procedures and
on such terms and conditions as the Commission may determine.
The Executive Secretary shall serve for a four year term and may
be re appointed.

3. The Commission may, with due regard to the need for
efficiency and economy, authorise such staff establishment for
the Secretariat as maybe necessary. The Executive Secretary
shall appoint, direct and supervise the staff according to such
rules and procedures and on such terms and conditions as the
Commission may determine.

4. The Secretariat shall perform the functions specified in this
Convention and, subject to the approved budget, the tasks
entrusted to it by the Commission, Regulatory Committees, the
Advisory Committee and the Special Meeting of Parties.

* Article 34.

*

COOPERATION WITH INTERNATIONAL ORGANISATIONS

1. The Commission and, as appropriate, the Advisory Committee
shall cooperate with the Antarctic Treaty Consultative Parties,
the Contracting Parties to the Convention for the Conservation
of Antarctic Seals, the Commission for the Conservation of
Antarctic Marine Living Resources, and the Scientific Committee
on Antarctic Research.

2. The Commission shall cooperate with the United Nations, its
relevant Specialised Agencies, and, as appropriate, any
international organisation which may have competence in respect
of mineral resources in areas adjacent to those covered by this
Convention.

3. The Commission shall also, as appropriate, cooperate with the
International Union for the Conservation of Nature and Natural
Resources, and with other relevant international organisations,
including non-governmental organisations, having a scientific,
technical or environmental interest in Antarctica.

4. The Commission may, as appropriate, accord observer status in
the Commission and in the Advisory Committee to such relevant
international organisations, including non-governmental
organisations, as might assist in the work of the institution in
question. Observer status at a Special Meeting of Parties shall
be open to such organisations as have been accorded observer
status in the Commission or the Advisory Committee.

5. The Commission may enter into agreements with the
organisations referred to in this Article.

* Article 35.

*

FINANCIAL PROVISIONS

1 The Commission shall adopt a budget, on an annual or other
appropriate basis, for:

a. its activities and the activities of Regulatory Committees,
the Advisory Committee, the Special Meeting of Parties, any
subsidiary bodies established and the Secretariat; and

b. the progressive reimbursement of any contributions paid under
paragraphs 5 and 6 below whenever revenues under paragraph 4
below exceed expenditure.

2 The first draft budget shall be submitted by the Depository at
least 90 days before the first meeting of the Commission. At
that meeting the Commission shall adopt its first budget and
decide upon arrangements for the preparation of subsequent
budgets.

3 The Commission shall adopt financial regulations.

4. Subject to paragraph 5 below, the budget shall be financed,
inter alia, by:

a. fees prescribed pursuant to Articles 21(1)(p) and 43(2)(b);

b. levies on Operators, subject to any measures adopted by the
Commission in accordance with Article 21(1)(q), pursuant to
Article 47(k)(i); and

c. such other financial payments by Operators pursuant to
Article 47(k)(ii) as may be required to be paid to the
institutions of This Convention.

5. If the budget is not fully financed by revenues in accordance
with paragraph 4 above, and subject to reimbursement in
accordance with paragraph 1(b) above, the budget shall, to the
extent of any shortfall and subject to paragraph 6 below, be
financed by contributions from the members of the Commission. To
this end, the Commission shall adopt as soon as possible a
method of equitable sharing of contributions to the budget. The
budget shall, in the meantime, to the extent of any shortfall,
be financed by equal contributions from each member of the
Commission.

6. In adopting the method of contributions referred to in
paragraph 5 above the Commission shall consider the extent to
which members of and observers at institutions of this
Convention may be called upon to contribute to the costs of
those institutions.

7. The Commission, in determining the disposition of revenues
accruing to it, which are surplus to the requirements for
financing the budget pursuant to this Article, shall:

a. promote scientific research in Antarctica, particularly that
related to the Antarctic environment and Antarctic resources,
and a wide spread of participation in such research by all
Parties, in particular developing country Parties;

b. ensure that the interests of the members of Regulatory
Committees having the most direct interest in the matter in
relation to the areas in question are respected in any
disposition of that surplus.

8. The finances of the Commission, Regulatory Committees, the
Advisory Committee, the Special Meeting of Parties, any
subsidiary bodies established and the Secretariat shall accord
with the financial regulations adopted by the Commission and
shall be subject to an annual audit by external auditors
selected by the Commission.

9. Each member of the Commission, Regulatory Committees, the
Advisory Committee, the Special Meeting of Parties and any
subsidiary bodies established, as well as any observer at a
meeting of any of the institutions of this Convention, shall
meet its own expenses arising from attendance at meetings.

10. A member of the Commission that fails to pay its
contribution for two consecutive years shall not, during the
period of its continuing subsequent default, have the right to
participate in the taking of decisions in any of the
institutions of this Convention. If it continues to be in
default for a further two consecutive years, the Commission
shall decide what further action should be taken, which may
include loss by that member of the right to participate in
meetings of the institutions of this Convention. Such member
shall resume the full enjoyment of its rights upon payment of
the outstanding contributions.

11. Nothing in this Article shall be construed as prejudicing
the position of any member of a Regulatory Committee on the
outcome of consideration by the Regulatory Committee of terms
and conditions in a Management Scheme pursuant to Article
47(k)(ii).

* Article 36.

*

OFFICIAL AND WORKING LANGUAGES

The official and working languages of the Commission, Regulatory
Committees, the Advisory Committee, the Special Meeting of
Parties and any meeting convened under Article 64 shall be
English, French, Russian and Spanish.

* CHAPTER III. PROSPECTING

* Article 37.

*

PROSPECTING

1. Prospecting shall not confer upon any Operator any right to
Antarctic mineral resources.

2. Prospecting shall at all times be conducted in compliance
with this Convention and with measures in effect pursuant to
this Convention, but shall not require authorisation by the
institutions of This Convention.

a. The Sponsoring State shall ensure that its Operators
undertaking prospecting maintain the necessary financial and
technical means to comply with Article 8(1), and, to the extent
that any such Operator fails to take response action as required
in Article 8(1),shall ensure that this is undertaken.

b. The Sponsoring State shall also ensure that its Operators
undertaking prospecting maintain financial capacity,
commensurate with the nature and level of the activity
undertaken and the risks involved, to comply with Article 8(2).

4. In cases where more than one Operator is engaged in
prospecting in the same general area, the Sponsoring State or
States shall ensure that those Operators conduct their
activities with due regard to each others' rights.

5. Where an Operator wishes to conduct prospecting in an area
identified under Article 41 in which another Operator has been
authorised to undertake exploration or development, the
Sponsoring State shall ensure that such prospecting is carried
out subject to the rights of any authorised Operator and any
requirements to protect its rights specified by the relevant
Regulatory Committee.

6. Each Operator shall ensure upon cessation of prospecting the
removal of all installations and equipment and site
rehabilitation. On the request of the Sponsoring State, the
Commission may waive the obligation to remove installations and
equipment.

7. The Sponsoring State shall notify the Commission at least
nine months in advance of the commencement of planned
prospecting. The notification shall be accompanied by such fees
as may be established by the Commission in accordance with
Article 21(1)(p) and shall:

a. identify, by reference to coordinates of latitude and
longitude or identifiable geographic features, the general area
in which the prospecting is to take place;

b. broadly identify the mineral resource or resources which are
to be the subject of the prospecting;

c. describe the prospecting, including the methods to be used,
and the general program of work to be undertaken and its
expected duration;

d. provide an assessment of the possible environmental and other
impacts of the prospecting, taking into account possible
cumulative impacts as referred to in Article 4(5).

e. describe the measures, including monitoring programs, to be
adopted to avoid harmful environmental consequences or undue
interference with other established uses of Antarctica, and
outline the measures to be put into effect in the event of any
accident and contingency plans for evacuation in an emergency;

f. provide details on the Operator and certify that it:

i. has a substantial and genuine link with the Sponsoring State
as defined in Article 1(12); and

ii. is financially and technically qualified to carry out the
proposed prospecting in accordance with this Convention; and

g. provide such further information as may be required by
measures adopted by the Commission.

8. The Sponsoring State shall subsequently provide to the
Commission:

a. notification of any changes to the information referred to in
paragraph 7 above;

b. notification of the cessation of prospecting, including
removal of any installations and equipment as well as site
rehabilitation; and

c. a general annual report on the prospecting undertaken by the
Operator.

9. Notifications and reports submitted pursuant to this Article
shall be circulated by the Executive Secretary without delay to
all Parties and observers attending Commission meetings.

10. Paragraphs 7, 8 and 9 above shall not be interpreted as
requiring the disclosure of data and information of commercial
value.

11. The Sponsoring State shall ensure that basic data and
information of commercial value generated by prospecting are
maintained in archives and may at any time release part of or
all such data and information, on conditions which it shall
establish, for scientific or environmental purposes.

12. The Sponsoring State shall ensure that basic data and
information, other than interpretative data, generated by
prospecting are made readily available when such data and
information are not, or are no longer, of commercial value and,
in any event, no later than 10 years after the year the data and
information were collected, unless it certifies to the
Commission that the data and information continue to have
commercial value. It shall review at regular intervals whether
such data and information may be released and shall report the
results of such reviews to the Commission.

13. The Commission may adopt measures consistent with this
Article relating to the release of data and information of
commercial value including requirements for certifications, the
frequency of reviews and maximum time limits for extensions of
the protection of such data and information.

* Article 38.

*

CONSIDERATION OF PROSPECTING BY THE COMMISSION

1. If a member of the Commission considers that a notification
submitted in accordance with Article 37(7) or (8), or ongoing
prospecting, causes concern as to consistency with this
Convention or measures in effect pursuant thereto, that member
may request the Sponsoring State to provide a clarification. If
that member considers that an adequate response is not
forthcoming from the Sponsoring State within a reasonable time,
the member may request that the Commission be convened in
accordance with Article 19(2)(b) to consider the question and
take appropriate action.

2. If measures applicable to all relevant Operators are adopted
by the Commission following a request made in accordance with
paragraph 1 above, Sponsoring States that have submitted
notifications in accordance with Article 37(7) or (8), and
Sponsoring States whose Operators are conducting prospecting,
shall ensure that the plans and activities of their Operators
are modified to the extent necessary to conform with those
measures within such time limit as the Commission may prescribe,
and shall notify the Commission accordingly.

* CHAPTER IV. EXPLORATION

* Article 39.

*

REQUESTS FOR IDENTIFICATION OF AN AREA FOR POSSIBLE EXPLORATION
AND DEVELOPMENT

1. Any Party may submit to the Executive Secretary a
notification requesting that the Commission identify an area for
possible exploration and development of a particular mineral
resource or resources.

2. Any such notification shall be accompanied by such fees as
may be established by the Commission in accordance with Article
21(1)(p) and shall contain:

a. a precise delineation, including coordinates, of the area
proposed for identification;

b. specification of the resource or resources for which the area
would be identified and any relevant data and information,
excluding data and information of commercial value, concerning
that resource or those resources, including a geological
description of the proposed area;

c. a detailed description of the physical and environmental
characteristics of the proposed area;

d. a description of the likely scale of exploration and
development for the resource or resources involved in the
proposed area and of the methods which could be employed in such
exploration and development;

e. a detailed assessment of the environmental and other impacts
of possible exploration and development for the resource or
resources involved, taking into account Articles 15 and 26(4);
and

f. such other information as may be required pursuant to
measures adopted by the Commission.

3. A notification under paragraph 1 above shall be referred
promptly by the Executive Secretary to all Parties and shall be
circulated to observers attending the meeting of the Commission
to be convened pursuant to Article 19(2)(a).

* Article 40.

*

ACTION BY THE ADVISORY COMMITTEE AND SPECIAL MEETING OF PARTIES

1. The Advisory Committee shall meet as soon as possible after
the meeting of the Commission convened pursuant to Article
19(2)(a) has commenced. The Advisory Committee shall provide
advice to the Commission on the notification submitted pursuant
to Article 39(1). The Commission may prescribe a time limit for
the provision of such advice.

2. A Special Meeting of Parties shall meet as soon as possible
after circulation of the report of the Advisory Committee and in
any event not later than two months after that report has been
circulated.

3. The Special Meeting of Parties shall consider whether
identification of an area by the Commission in accordance with
the request contained in the notification would be consistent
with this Convention, and shall report thereon to the Commission
as soon as possible and in any event not later than 21 days from
the commencement of the meeting.

4. The report of the Special Meeting of Parties to the
Commission shall reflect the conclusions reached and all the
views expressed by Parties participating in the meeting.

* Article 41.

*

ACTION BY THE COMMISSION

1. The Commission shall, as soon as possible after receipt of
the report of the Special Meeting of Parties, consider whether
or not it will identify an area as requested. Taking full
account of the views and giving special weight to the
conclusions of the Special Meeting of Parties, and taking full
account of the views and the conclusions of the Advisory
Committee, the Commission shall determine whether such
identification would be consistent with this Convention. For
this purpose:

a. the Commission shall ensure that an area to be identified
shall be such that, taking into account all factors relevant to
such identification, including the physical, geological,
environmental and other characteristics of such area, it forms a
coherent unit for the purposes of resource management. The
Commission shall thus consider whether an area to be identified
should include all or part of that which was requested in the
notification and, subject to the necessary assessments having
been made, adjacent areas not covered by that notification;

b. the Commission shall consider whether there are, within an
area requested or to be identified, any areas in which
exploration and development are or should be prohibited or
restricted in accordance with Article 13;

c. the Commission shall specify the mineral resource or
resources for which the area would be identified;

d. the Commission shall give effect to Article 6, by elaborating
opportunities for joint ventures or different forms of
participation, up to a defined level, including procedures for
offering such participation, in possible exploration and
development, within the area, by interested Parties which are
Antarctic Treaty Consultative Parties and by other interested
Parties, in particular, developing countries in either category;

e. the Commission shall prescribe any additional associated
conditions necessary to ensure that an area to be identified is
consistent with other provisions of this Convention and may
prescribe general guidelines relating to the operational
requirements for exploration and development in an area to be
identified including measures establishing maximum block sizes
and advice concerning related support activities; and

f. the Commission shall give effect to the requirement in
Article 59 to establish additional procedures for the settlement
of disputes.

2. After it has completed its consideration in accordance with
paragraph 1 above, the Commission shall identify an area for
possible exploration and development if there is a consensus of
Commission members that such identification is consistent with
this Convention.

* Article 42.

*

REVISION IN THE SCOPE OF AN IDENTIFIED AREA

1. If, after an area has been identified in accordance with
Article 41,a Party requests identification of an area, all or
part of which is contained within the boundaries of the area
already identified but in respect of a mineral resource or
resources different from any resource in respect of which the
area has already been identified, the request shall be dealt
with in accordance with Articles 39, 40 and 41. Should the
Commission identify an area in respect of such different mineral
resource or resources, it shall have regard, in addition to the
requirements of Article 41(1)(a), to the desirability of
specifying the boundaries of the area in such a way that it can
be assigned to the Regulatory Committee with competence for the
area already identified.

2. In the light of increased knowledge bearing on the effective
management of the area, and after seeking the views of the
Advisory Committee and the relevant Regulatory Committee, the
Commission may amend the boundaries of any area it has
identified. In making any such amendment the Commission shall
ensure that authorised exploration and development in the area
are not adversely affected. Unless there are compelling reasons
for doing so, the Commission shall not amend the boundaries of
an area it has identified in such a way as to involve a change
in the composition of the relevant Regulatory Committee.

* Article 43.

*

PREPARATORY WORK BY REGULATORY COMMITTEES

1. As soon as possible after the identification of an area
pursuant to Article 41, the relevant Regulatory Committee
established in accordance with Article 29 shall be convened.

2. The Regulatory Committee shall:

a. subject to any measures adopted by the Commission pursuant to
Article 21(1)(j) relating to maximum block sizes, divide its
area of competence into blocks in respect of which applications
for exploration and development may be submitted and make
provision for a limit in appropriate circumstances on the number
of blocks to be accorded to any Party;

b. subject to any measures adopted by the Commission pursuant to
Article 21(1)(p), establish fees to be paid with any application
for an exploration or development permit lodged pursuant to
Article 44 or 53;

c. establish periods within which applications for exploration
and development may be lodged, all applications received within
each such period being considered as simultaneous;

d. establish procedures for the handling of applications; and

e. determine a method of resolving competing applications which
are not resolved in accordance with Article 45(4)(a), which
method shall, provided that all other requirements of this
Convention are satisfied and consistently with measures adopted
pursuant to Article 41(1)(d), include priority for the
application with the broadest participation among interested
Parties which are Antarctic Treaty Consultative Parties, in
particular, developing countries in either category.

3. The Regulatory Committee shall adopt guidelines which are
consistent with, and which taken together with, the provisions
of this Convention and measures of general applicability adopted
by the Commission, as well as associated conditions and general
guidelines adopted by The Commission when identifying the area,
shall, by addressing the relevant items in Article 47, identify
the general requirements for exploration and development in its
area of competence.

4. Upon adoption of guidelines under paragraph 3 above the
Executive Secretary shall, without delay, inform all members of
the Commission of the decisions taken by the Regulatory
Committee pursuant to paragraphs 2 and 3 above and shall make
them publicly available together with relevant measures,
associated conditions and general guidelines adopted by the
Commission.

5. The Regulatory Committee may from time to time revise
guidelines adopted under paragraph 3 above, taking into account
any views of the Commission.

6. In performing its functions under paragraphs 3 and 5 above,
the Regulatory Committee shall seek and take full account of the
views of the Advisory Committee provided in accordance with
Article 26.

* Article 44.

*

APPLICATION FOR AN EXPLORATION PERMIT

1. Following completion of the work undertaken pursuant to
Article 43, any Party, on behalf of an Operator for which it is
the Sponsoring State, may lodge with the Regulatory Committee an
application for an exploration permit within the periods
established by the Regulatory Committee pursuant to Article
43(2)(c).

2. An application shall be accompanied by the fees established
by the Regulatory Committee in accordance with Article 43(2)(b)
and shall contain:

a. a detailed description of the Operator, including its
managerial structure, financial composition and resources and
technical expertise, and, in the case of an Operator being a
joint venture, the inclusion of a detailed description of the
degree to which Parties are involved in the Operator through,
inter alia, juridical persons with which Parties have
substantial and genuine links, so that each component of the
joint venture can be easily attributed to a Party or Parties for
the purposes of identifying the level of Antarctic mineral
resource activities thereof, which description of substantial
and genuine links shall include a description of equity sharing;

b. a detailed description of the proposed exploration activities
and a description in as much detail as possible of proposed
development activities, including:

i. an identification of the mineral resource or resources and
the block to which the application applies;

ii. a detailed explanation of how the proposed activities
conform with the general requirements referred to in Article
43(3);

iii. a detailed assessment of the environmental and other
impacts of the proposed activities, taking into account Articles
15 and 26(4);and

iv. a description of the capacity to respond effectively to
accidents, especially those with potential environmental
effects;

c. a certification by the Sponsoring State of the capacity of
the Operator to comply with the general requirements referred to
in Article 43(3).

d. a certification by the Sponsoring State of the technical
competence and financial capacity of the Operator and that the
Operator has a substantial and genuine link with it as defined
in Article 1(12);

e. a description of the manner in which the application complies
with any measures adopted by the Commission pursuant to Article
41(1)(d); and

f. such further information as may be required by the Regulatory
Committee or in measures adopted by the Commission.

* Article 45.

*

EXAMINATION OF APPLICATIONS

1. The Regulatory Committee shall meet as soon as possible after
an application has been lodged pursuant to Article 44, for the
purpose of elaborating a Management Scheme, In performing this
function it shall:

a. determine whether the application contains sufficient or
adequate information pursuant to Article 44(2). To this end, it
may at any time seek further information from the Sponsoring
State consistent with Article 44(2);

b. consider the exploration and development activities proposed
in the application, and such elaborations, revisions or
adaptations as necessary:

i. to ensure their consistency with this Convention as well as
measures in effect pursuant thereto and the general requirements
referred to in Article 43(3); and

ii. to prescribe the specific terms and conditions of a
Management Scheme in accordance with Article 47.

2. At any time during the process of consideration described
above, the Regulatory Committee may decline the application if
it considers that the activities proposed therein cannot be
elaborated, revised or adapted to ensure consistency with this
Convention as well as measures in effect pursuant thereto and
the general requirements referred to in Article 43(3).

3. In performing its functions under this Article, the
Regulatory Committee shall seek and take full account of the
views of the Advisory Committee. To that end the Regulatory
Committee shall refer to the Advisory Committee all parts of the
application which are necessary for it to provide advice
pursuant to Article 26, together with any other relevant
information.

4. If two or more applications meeting the requirements of
Article 44(2) are lodged in respect of the same block:

a. the competing applicants shall be invited by the Regulatory
Committee to resolve the competition amongst themselves, by
means of their own choice within a prescribed period;

b. if the competition is not resolved pursuant to
subparagraph(a) above it shall be resolved by the Regulatory
Committee in accordance with the method determined by it
pursuant to Article 43(2)(e).

* Article 46.

*

MANAGEMENT SCHEME

In performing its functions under Article 45, including the
preparation of a Management Scheme, and under Article 54, the
Regulatory Committee shall have recourse to the Sponsoring State
and the member or members, if any, referred to in Article
29(2)(a) and, as may be required, one or two additional members
of the Regulatory Committee.

* Article 47.

*

SCOPE OF THE MANAGEMENT SCHEME

The Management Scheme shall prescribe the specific terms and
conditions for exploration and development of the mineral
resource or resources concerned within the relevant block. Such
terms and conditions shall be consistent with the general
requirements referred to in Article 43(3), and shall cover,
inter alia:

a. duration of exploration and development permits;

b. measures and procedures for the protection of the Antarctic
environment and dependent and associated ecosystems, including
methods, activities and undertakings by the Operator to minimise
environmental risks and damage;

c. provision for necessary and timely response action, including
prevention, containment and clean up and removal measures, for
restoration to the status quo ante, and for contingency plans,
resources and equipment to enable such action to be taken;

d. procedures for the implementation of different stages of
exploration and development;

e. performance requirements;

f. technical and safety specifications, including standards and
procedures to ensure safe operations;

g. monitoring and inspection;

h. liability;

i. procedures for the development of mineral deposits which
extend outside the area covered by a permit;

j. resource conservation requirements;

k. financial obligations of the Operator including:

i. levies in accordance with measures adopted pursuant to
Article 21(1)(q);

ii. payments in the nature of and similar to taxes, royalties or
payments in kind;

l. financial guarantees and insurance;

m. assignment and relinquishment;

n. suspension and modification of the Management Scheme, or
cancellation of the Management Scheme, exploration or
development permit, and the imposition of monetary penalties, in
accordance with Article 51;

o. procedures for agreed modifications;

p. enforcement of the Management Scheme;

q. applicable law to the extent necessary;

r. effective additional procedures for the settlement of
disputes;

s. provisions to avoid and to resolve conflict with other
legitimate uses of Antarctica;

t. data and information collection, reporting and notification
requirements;

u. confidentiality; and

v. removal of installations and equipment, as well as site
rehabilitation.

* Article 48.

*

APPROVAL OF THE MANAGEMENT SCHEME

A Management Scheme prepared in accordance with Articles 45, 46
and 47 shall be subject to approval pursuant to Article 32. Such
approval shall constitute authorisation for the issue without
delay of an exploration permit by the Regulatory Committee. The
exploration permit shall accord exclusive rights to the Operator
to explore and, subject to Articles 53 and 54, to develop the
mineral resource or resources which are the subject of the
Management Scheme exclusively in accordance with the terms and
conditions of the Management Scheme.

* Article 49.

*

REVIEW

1. Any member of the Commission, or any member of a Regulatory
Committee, may within one month of a decision by that Regulatory
Committee to approve a Management Scheme or issue a development
permit, request that the Commission be convened in accordance
with Article 19(2)(b) or (c), as the case may be, to review the
decision of the Regulatory Committee for consistency with the
decision taken by the Commission to identify the area pursuant
to Article 41 and any measures in effect relevant to that
decision.

2. The Commission shall complete its consideration within three
months of a request made pursuant to paragraph 1 above. In
performing its functions the Commission shall not assume the
functions of the Regulatory Committee, nor shall it substitute
its discretion for that of the Regulatory Committee.

3. Should the Commission determine that a decision to approve a
Management Scheme or issue a development permit is inconsistent
with the decision taken by the Commission to identify the area
pursuant to Article 41 and any measures in effect relevant to
that decision, it may request that Regulatory Committee to
reconsider its decision.

* Article 50.

*

RIGHTS OF AUTHORISED OPERATORS

1. No Management Scheme shall be suspended or modified and no
Management Scheme, exploration or development permit shall be
cancelled without the consent of the Sponsoring State except
pursuant to Article 51, or Article 54 or the Management Scheme
itself.

2. Each Operator authorised to conduct activities pursuant to a
Management Scheme shall exercise its rights with due regard to
the rights of other Operators undertaking exploration or
development in the same identified area.

* Article 51

*

SUSPENSION, MODIFICATION OR CANCELLATION OF THE MANAGEMENT
SCHEME AND MONETARY PENALTIES

1. If a Regulatory Committee determines that exploration or
development authorised pursuant to a Management Scheme has
resulted or is about to result in impacts on the Antarctic
environment or dependent or associated ecosystems beyond those
judged acceptable pursuant to this Convention, it shall suspend
the relevant activities and as soon as possible modify the
Management Scheme so as to avoid such impacts. If such impacts
cannot be avoided by the modification of the Management Scheme,
the Regulatory Committee shall suspend it, or cancel it and the
exploration or development permit.

2. In performing its functions under paragraph 1 above a
Regulatory Committee shall, unless emergency action is required,
seek and taken into account the views of the Advisory Committee.

3. If a Regulatory Committee determines that an Operator has
failed to comply with this Convention or with measures in effect
pursuant to it or a Management Scheme applicable to that
Operator, the Regulatory Committee may do all or any of the
following:

a. modify the Management Scheme;

b. suspend the Management Scheme;

c. cancel the Management Scheme and the exploration or
development permit; and

d. impose a monetary penalty.

4. Sanctions determined pursuant to paragraph 3(a) to (d) above
shall be proportionate to the seriousness of the failure to
comply.

5. A Regulatory Committee shall cancel a Management Scheme and
the exploration or development permit if an Operator ceases to
have substantial and genuine link with the Sponsoring State as
defined in Article 1(12).

6. The Commission shall adopt general measures, which may
include mitigation, relating to action by Regulatory Committees
pursuant to paragraphs 1 and 3 above and, as appropriate, to the
consequences of such action. No application pursuant to Article
44 may be lodged until such measures have come into effect.

* Article 52.

*

MONITORING IN RELATION TO MANAGEMENT SCHEMES

1. Each Regulatory Committee shall monitor the compliance of
Operators with Management Schemes within its area of competence.

2. Each Regulatory Committee, taking into account the advice of
The Advisory Committee, shall monitor and assess the effects on
the Antarctic environment and on dependent and on associated
ecosystems of Antarctic mineral resource activities within its
area of competence, particularly by reference to key
environmental parameters and ecosystem components.

3. Each Regulatory Committee shall, as appropriate, inform the
Commission and the Advisory Committee in a timely fashion of
monitoring under this Article.

* CHAPTER V. DEVELOPMENT

* Article 53.

*

APPLICATION FOR A DEVELOPMENT PERMIT

1. At any time during the period in which an approved Management
Scheme and exploration permit are in force for an Operator, the
Sponsoring State may, on behalf of that Operator, lodge with the
Regulatory Committee an application for a development permit.

2. An application shall be accompanied by the fees established
by the Regulatory Committee in accordance with Article 43(2)(b)
and shall contain:

a. an updated description of the planned development identifying
any modifications proposed to the approved Management Scheme and
any additional measures to be taken, consequent upon such
modifications, to ensure consistency with this Convention,
including any measures in effect pursuant thereto and the
general requirements referred to in Article 43(3);

b. a detailed assessment of the environmental and other impacts
of the planned development, taking into account Articles 15 and
26(4);

c. a recertification by the Sponsoring State of the technical
competence and financial capacity of the Operator and that the
Operator has a substantial and genuine link with it as defined
in Article 1(12);

d. a recertification by the Sponsoring State of the capacity of
the Operator to comply with the general requirements referred to
in Article 43(3);

e. updated information in relation to all other matters
specified in Article 44(2); and

f. such further information as may be required by the Regulatory
Committee or in measures adopted by the Commission.

* Article 54.

*

EXAMINATION OF APPLICATIONS AND ISSUE OF DEVELOPMENT PERMITS

1 The Regulatory Committee shall meet as soon as possible after
an application has been lodged pursuant to Article 53.

2 The Regulatory Committee shall determine whether the
application contains sufficient or adequate information pursuant
to Article 53(2). In performing this function it may at any time
seek further information from the Sponsoring State consistent
with Article 53(2).

3 The Regulatory Committee shall consider whether: a. the
application reveals modifications to the planned development
previously envisaged;

b. the planned development would cause previously unforeseen
impacts on the Antarctic environment or dependent or associated
ecosystems, either as a result of any modifications referred to
in subparagraph (a) above or in the light of increased
knowledge.

4. The Regulatory Committee shall consider any modifications to
the Management Scheme necessary in the light of paragraph 3
above to ensure that the development activities proposed would
be undertaken consistently with this Convention as well as
measures in effect pursuant thereto and the general requirements
referred to in Article

43(3). However, the financial obligations specified in the
approved Management Scheme may not be revised without the
consent of the Sponsoring State, unless provided for in the
Management Scheme itself.

5 If the Regulatory Committee in accordance with Article 32
approves modifications under paragraph 4 above, or if it does
not consider that such modifications are necessary, the
Regulatory Committee shall issue without delay a development
permit.

6 In performing its functions under this Article, the Regulatory
Committee shall seek and take full account of the views of the
Advisory Committee. To that end the Regulatory Committee shall
refer to the Advisory Committee all parts of the application
which are necessary for it to provide advice pursuant to Article
26, together with any other relevant information.

* CHAPTER VI. DISPUTES SETTLEMENT

* Article 55.

*

DISPUTES BETWEEN TWO OR MORE PARTIES

Articles 56, 57 and 58 apply to disputes between two or more
Parties.

* Article 56.

*

CHOICE OF PROCEDURE

1. Each Party, when signing, ratifying, accepting, approving or
acceding to this Convention, or at any time thereafter, may
choose, by written declaration, one or both of the following
means for the settlement of disputes concerning the
interpretation or application of this Convention:

a. the International Court of Justice;

b. the Arbitral Tribunal.

2. A declaration made under paragraph 1 above shall not affect
the operation of Article 57(1), (3), (4) and (5).

3. A Party that has not made a declaration under paragraph 1
above or in respect of which a declaration is no longer in force
shall be deemed to have accepted the competence of the Arbitral
Tribunal.

4. If the parties to a dispute have accepted the same means for
the settlement of a dispute, the dispute may be submitted only
to that procedure, unless the parties otherwise agree.

5. If the parties to a dispute have not accepted the same means
for the settlement of a dispute, or if they have both accepted
both means, the dispute may be submitted only to the Arbitral
Tribunal, unless the parties otherwise agree.

6. A declaration made under paragraph 1 above shall remain in
force until it expires in accordance with its terms or until 3
months after written notice of revocation has been deposited
with the Depository.

7. A new declaration, a notice of revocation or the expiry of a
declaration shall not in any way affect proceedings pending
before the International Court of Justice or the Arbitral
Tribunal, unless the parties to the dispute otherwise agree.

8. Declarations and notices referred to in this Article shall be
deposited with the Depository who shall transmit copies thereof
to all Parties.

* Article 57.

*

PROCEDURE FOR DISPUTE SETTLEMENT

1. If a dispute arises concerning the interpretation or
application of this Convention, the parties to the dispute
shall, at the request of any one of them, consult among
themselves as soon as possible with a view to having the dispute
resolved by negotiation, enquiry, mediation, conciliation,
arbitration, judicial settlement or other peaceful means of
their choice.

2. If the parties to a dispute concerning the interpretation or
application of this Convention have not agreed on a means for
resolving it within 12 months of the request for consultation
pursuant to paragraph 1 above, the dispute shall be referred, at
the request of any party to the dispute, for settlement in
accordance with the procedure determined by the operation of
Article 56(4) and (5).

3. If a dispute concerning the interpretation or application of
this Convention relates to a measure in effect pursuant to this
Convention or a Management Scheme and the parties to such a
dispute:

a. have not agreed on a means for resolving the dispute within 6
months of the request for consultation pursuant to paragraph 1
above, the dispute shall be referred, at the request of any
party to the dispute, for discussion in the institution which
adopted the instrument in question; b. have not agreed on a
means for resolving the dispute within 12 months of the request
for consultation pursuant to paragraph 1 above, the dispute
shall be referred for settlement, at the request of any party to
the dispute, to the Arbitral Tribunal.

4. The Arbitral Tribunal shall not be competent to decide or
otherwise rule upon any matter within the scope of Article 9. In
addition, nothing in this Convention shall be interpreted as
conferring competence or jurisdiction on the International Court
of Justice or any other tribunal established for the purpose of
settling disputes between Parties to decide or otherwise rule
upon any matter within the scope of Article 9.

5. The Arbitral Tribunal shall not be competent with regard to
the exercise by an institution of its discretionary powers in
accordance with this Convention; in no case shall the Arbitral
Tribunal substitute its discretion for that of an institution.
In addition, nothing in this Convention shall be interpreted as
conferring competence or jurisdiction on the International Court
of Justice or any other tribunal established for the purpose of
settling disputes between Parties with regard to the exercise by
an institution of its discretionary powers or to substitute its
discretion for that of an institution.

* Article 58.

*

EXCLUSION OF CATEGORIES OF DISPUTES

1. Any Party, when signing, ratifying, accepting, approving or
acceding to this Convention, or at any time thereafter, may, by
written declaration, exclude the operation of Article 57(2) or
(3) without its consent with respect to a category or categories
of disputes specified in the declaration. Such declaration may
not cover disputes concerning

the interpretation or application of:

a. any provision of this Convention or of any measure in effect
pursuant to it relating to the protection of the Antarctic
environment or dependent or associated ecosystems;

b. Article 7(1); c. Article 8; d. Article 12; e. Article 14; f.
Article 15; or g. Article 37.

2. Nothing in paragraph 1 above or in any declaration made under
it shall affect the operation of Article 57(1), (4) and (5).

3. A declaration made under paragraph 1 above shall remain in
force until it expires in accordance with its terms or until 3
months after written notice of revocation has been deposited
with the Depositary.

4. A new declaration, a notice of revocation or the expiry of a
declaration shall not in any way affect proceedings pending
before the International Court of Justice or the Arbitral
Tribunal, unless the parties to the dispute otherwise agree.

5. Declarations and notices referred to in this Article shall be
deposited with the Depositary who shall transmit copies thereof
to all Parties.

6. A Party which, by declaration made under paragraph 1 above,
has excluded a specific category or categories of disputes from
the operation of Article 57(2) or (3) without its consent shall
not be entitled to submit any dispute falling within that
category or those categories for settlement pursuant to Article
57(2) or (3), as the case may be, without the consent of the
other party or parties to the dispute.

* Article 59.

*

ADDITIONAL DISPUTE SETTLEMENT PROCEDURES 1. The Commission, in
conjunction with its responsibilities pursuant to Article 41(1),
shall establish additional procedures for third-party
settlement, by the Arbitral Tribunal or through other similar
procedures, of disputes which may arise if it is alleged that a
violation of this Convention has occurred by virtue of:

a. a decision to decline a Management Scheme; b. a decision to
decline the issue of a development permit; or c. a decision to
suspend, modify or cancel a Management Scheme or to impose
monetary penalties.

2. Such procedures shall:

a. permit, as appropriate, Parties and Operators under their
sponsorship, but not both in respect of any particular dispute,
to initiate proceedings against a Regulatory Committee; b.
require disputes to which they relate to be referred in the
first instance to the relevant Regulatory Committee for
consideration; c. incorporate the rules in Article 57(4) and
(5).

* CHAPTER VII. FINAL CLAUSES

* Article 60.

*

SIGNATURE This Convention shall be open for signature at
Wellington from 25 November 1988 to 25 November 1989 by States
which participated in the final session of the Fourth Special
Antarctic Treaty Consultative Meeting.

* Article 61.

*

RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION 1. This
Convention is subject to ratification, acceptance or approval by
Signatory States.

2. After 25 November 1989 this Convention shall be open for
accession by any State which is a Contracting Party to the
Antarctic Treaty.

3. Instruments of ratification, acceptance, approval or
accession shall be deposited with the Government of New Zealand,
hereby designated as the Depositary.

* Article 62.

*

ENTRY INTO FORCE

1. This Convention shall enter into force on the thirtieth day
following the date of deposit of instruments of ratification,
acceptance, approval or accession by 16 Antarctic Treaty
Consultative Parties which participated as such in the final
session of the Fourth Special Antarctic Treaty Consultative
Meeting, provided that number includes all the States necessary
in order to establish all of the institutions of the Convention
in respect of every area of Antarctica, including 5 developing
countries and 11 developed countries.

2. For each State which, subsequent to the date of entry into
force of this Convention, deposits an instrument of
ratification, acceptance, approval or accession, the Convention
shall enter into force on the thirtieth day following such
deposit.

* Article 63.

*

RESERVATIONS, DECLARATIONS AND STATEMENTS

1. Reservations to this Convention shall not be permitted. This
does not preclude a State, when signing, ratifying, accepting,
approving or acceding to this Convention, from making
declarations or statements, however phrased or named, with a
view, inter alia, to the harmonisation of its laws and
regulations with this Convention, provided that such
declarations or statements do not purport to exclude or to
modify the legal effect of this Convention in its application to
that State.

2. The provisions of this Article are without prejudice to the
right to make written declarations in accordance with Article
58.

* Article 64.

*

AMENDMENT

1. This Convention shall not be subject to amendment until after
the expiry of 10 years from the date of its entry into force.
Thereafter, any Party may, by written communication addressed to
the Depositary, propose a specific amendment to this Convention
and request the convening of a meeting to consider such proposed
amendment.

2. The Depositary shall circulate such communication to all
Parties. If within 12 months of the date of circulation of the
communication at least one-third of the Parties reply favourably
to the request, the Depositary shall convene the meeting.

3. The adoption of an amendment considered at such a meeting
shall require the affirmative votes of two-thirds of the Parties
present and voting, including the concurrent votes of the
members of the Commission attending the meeting.

4. The adoption of any amendment relating to the Special Meeting
of Parties or to the Advisory Committee shall require the
affirmative votes of three-quarters of the Parties present and
voting, including the concurrent votes of the members of the
Commission attending the meeting.

5. An amendment shall enter into force for those Parties having
deposited instruments of ratification, acceptance or approval
thereof 30 days after the Depositary has received such
instruments of ratification, acceptance or approval from all the
members of the Commission.

6. Such amendment shall thereafter enter into force for any
other Party 30 days after the Depositary has received its
instrument of ratification, acceptance or approval thereof.

7. An amendment that has entered into force pursuant to this
Article shall be without prejudice to the provisions of any
Management Scheme approved before the date on which the
amendment entered into force.

* Article 65.

*

WITHDRAWAL

1. Any Party may withdraw from this Convention by giving to the
Depositary notice in writing of its intention to withdraw.
Withdrawal shall take effect two years after the date of receipt
of such notice by the Depositary.

2. Any Party which ceases to be a Contracting Party to the
Antarctic Treaty shall be deemed to have withdrawn from this
Convention on the date that it ceases to be a Contracting Party
to the Antarctic Treaty.

3. Where an amendment has entered into force pursuant to Article
64(5), any Party from which no instrument of ratification,
acceptance or approval of the amendment has been received by the
Depositary within a period of two years from the date of the
entry into force of the amendment shall be deemed to have
withdrawn from this Convention on the date of the expiration of
a further two year period.

4. Subject to paragraphs 5 and 6 below, the rights and
obligations of any Operator pursuant to this Convention shall
cease at the time its Sponsoring State withdraws or is deemed to
have withdrawn from this Convention.

5. Such Sponsoring State shall ensure that the obligations of
its Operators have been discharged no later than the date on
which its withdrawal takes effect.

6. Withdrawal from this Convention by any Party shall not affect
its financial or other obligations under this Convention pending
on the date withdrawal takes effect. Any dispute settlement
procedure in which that Party is involved and which has been
commenced prior to that date shall continue to its conclusion
unless agreed otherwise by the parties to the dispute.

* Article 66.

*

NOTIFICATIONS BY THE DEPOSITARY

The Depositary shall notify all Contracting Parties to the
Antarctic Treaty of the following:

a. signatures of this Convention and the deposit of instruments
of ratification, acceptance, approval or accession; b. the
deposit of instruments of ratification, acceptance or approval
of any amendment adopted pursuant to Article 64; c. the date of
entry into force of this Convention and of any amendment
thereto; d. the deposit of declarations and notices pursuant to
Articles 56 and 58; e. notifications pursuant to Article 18; and
f. the withdrawal of a Party pursuant to Article 65.

* Article 67.

*

AUTHENTIC TEXTS, CERTIFIED COPIES AND REGISTRATION WITH THE
UNITED NATIONS

1. This Convention of which the Chinese, English, French,
Russian and Spanish texts are equally authentic shall be
deposited with the Government of New Zealand which shall
transmit duly certified copies thereof to all Signatory and
Acceding States.

2. The Depositary shall also transmit duly certified copies to
all Signatory and Acceding States of the text of this Convention
in any additional language of a Signatory or Acceding State
which submits such text to the Depositary.

3. This Convention shall be registered by the Depositary
pursuant to Article 102 of the Charter of the United Nations.

Done at Wellington this second day of June 1988.

In witness whereof, the undersigned, duly authorised, have
signed this Convention.

ANNEX FOR AN ARBITRARAL TRIBUNAL

* Article 1.

*

The Arbitral Tribunal shall be constituted and shall function in
accordance with this Convention, including this Annex.

* Article 2.

*

1. Each Party shall be entitled to designate up to three
Arbitrators, at least one of whom shall be designated within
three months of the entry into force of this Convention for that
Party. Each Arbitrator shall be experienced in Antarctic
affairs, with knowledge of international law and enjoying the
highest reputation for fairness, competence and integrity. The
names of the persons so designated shall constitute the list of
Arbitrators. Each Party shall at all times maintain the name of
at least one Arbitrator on the list.

2. Subject to paragraph 3 below, an Arbitrator designated by a
Party shall remain on the list for a period of five years and
shall be eligible for redesignation by that Party for additional
five year periods.

3. An Arbitrator may by notice given to the Party which
designated that person withdraw his name from the list. If an
Arbitrator dies or gives notice of withdrawal of his name from
the list or if a Party for any reason withdraws from the list
the name of an Arbitrator designated by it, the Party which
designated the Arbitrator in question shall notify the Executive
Secretary promptly. An Arbitrator whose name is withdrawn from
the list shall continue to serve on any Arbitral Tribunal to
which that Arbitrator has been appointed until the completion of
proceedings before that Arbitral Tribunal.

4. The Executive Secretary shall ensure that an up-to-date list
is maintained of the Arbitrators designated pursuant to this
Article.

* Article 3.

*

1. The Arbitral Tribunal shall be composed of three Arbitrators
who shall be appointed as follows:

a. The party to the dispute commencing the proceedings shall
appoint one Arbitrator, who may be its national, from the list
referred to in Article 2 of this Annex. This appointment shall
be included in the notification referred to in Article 4 of this
Annex.

b. Within 40 days of the receipt of that notification, the other
party to the dispute shall appoint the second Arbitrator, who
may be its national, from the list referred to in Article 2 of
this Annex.

c. Within 60 days of the appointment of the second Arbitrator,
the parties to the dispute shall appoint by agreement the third
Arbitrator from the list referred to in Article 2 of this Annex.
The third Arbitrator shall not be either a national of, or a
person designated by, a party to the dispute, or of the same
nationality as either of the first two Arbitrators. The third
Arbitrator shall be the Chairman of the Arbitral Tribunal.

d. If the second Arbitrator has not been appointed within the
prescribed period, or if the parties to the dispute have not
reached agreement within the prescribed period on the
appointment of the third Arbitrator, the Arbitrator or
Arbitrators shall be appointed, at the request of any party to
the dispute and within 30 days of the receipt of such request,
by the President of the International Court of Justice from the
list referred to in Article 2 of this Annex and subject to the
conditions prescribed in subparagraphs (b) and (c) above. In
performing the functions accorded him in this subparagraph, the
President of the Court shall consult the parties to the dispute
and the Chairman of the Commission.

e. If the President of the International Court of Justice is
unable to perform the functions accorded him in subparagraph (d)
above or is a national of a party to the dispute, the functions
shall be performed by the Vice-President of the Court, except
that if the Vice-President is unable to perform the functions or
is a national of a party to the dispute the functions shall be
performed by the next most senior member of the Court who is
available and is not a national of a party to the dispute.

2. Any vacancy shall be filled in the manner prescribed for the
initial appointment.

3. In disputes involving more than two Parties, those Parties
having the same interest shall appoint one Arbitrator by
agreement within the period specified in paragraph 1(b) above.

* Article 4.

*

The party to the dispute commencing proceedings shall so notify
the other party or parties to the dispute and the Executive
Secretary in writing. Such notification shall include a
statement of the claim and the grounds on which it is based. The
notification shall be transmitted by the Executive Secretary to
all Parties.

* Article 5.

*

1. Unless the parties to the dispute agree otherwise,
arbitration shall take place at the headquarters of the
Commission, where the records of the Arbitral Tribunal shall be
kept. The Arbitral Tribunal shall adopt its own rules of
procedure. Such rules shall ensure that each party to the
dispute has a full opportunity to be heard and to present its
case and shall also ensure that the proceedings are conducted
expeditiously.

2. The Arbitral Tribunal may hear and decide counterclaims
arising out of the dispute.

* Article 6.

*

1. The Arbitral Tribunal, where it considers that prima facie it
has jurisdiction under this Convention, may: a. at the request
of any party to a dispute, indicate such provisional measures as
it considers necessary to preserve the respective rights of the
parties to the dispute; b. prescribe any provisional measures
which it considers appropriate under the circumstances to
prevent serious harm to the Antarctic environment or dependent
or associated ecosystems.

2. The parties to a dispute shall comply promptly with any
provisional measures prescribed under paragraph 1(b) above
pending an award under Article 9 of this Annex.

3. Notwithstanding Article 57(1), (2) and (3) of this
Convention, a party to any dispute that may arise falling within
the categories specified in Article 58(1)(a) to (g) of this
Convention may at any time, by notification to the other party
or parties to the dispute and to the Executive Secretary in
accordance with Article 4 of this Annex, request that the
Arbitral Tribunal be constituted as a matter of exceptional
urgency to indicate or prescribe emergency provisional measures
in accordance with this Article. In such case, the Arbitral
Tribunal shall be constituted as soon as possible in accordance
with Article 3 of this Annex, except that the time periods in
Article 3(1)(b), (c) and (d) shall be reduced to 14 days in each
case. The Arbitral Tribunal shall decide upon the request for
emergency provisional measures within two months of the
appointment of its Chairman.

4. Following a decision by the Arbitral Tribunal upon a request
for emergency provisional measures in accordance with paragraph
3 above, settlement of the dispute shall proceed in accordance
with Articles 56 and 57 of this Convention.

* Article 7.

*

Any Party which believes it has a legal interest, whether
general or individual, which may be substantially affected by
the award of an Arbitral Tribunal, may, unless the Arbitral
Tribunal decides otherwise, intervene in the proceedings.

* Article 8.

*

The parties to the dispute shall facilitate the work of the
Arbitral Tribunal and, in particular, in accordance with their
law and using all means at their disposal, shall provide it with
all relevant documents and information, and enable it, when
necessary, to call witnesses or experts and receive their
evidence.

* Article 9.

*

If one of the parties to the dispute does not appear before the
Arbitral Tribunal or fails to defend its case, any other party
to the dispute may request the Arbitral Tribunal to continue the
proceedings and make its award.

* Article 10.

*

1. The Arbitral Tribunal shall decide, on the basis of this
Convention and other rules of law not incompatible with it, such
disputes as are submitted to it.

2. The Arbitral Tribunal may decide, ex aequo et bono, a dispute
submitted to it, if the parties to the dispute so agree.

* Article 11.

*

1. Before making its award, the Arbitral Tribunal shall satisfy
itself that it has competence in respect of the dispute and that
the claim or counterclaim is well founded in fact and law.

2. The award shall be accompanied by a statement of reasons for
the decision and shall be communicated to the Executive
Secretary who shall transmit it to all Parties.

3. The award shall be final and binding on the parties to the
dispute and on any Party which intervened in the proceedings and
shall be complied with without delay. The Arbitral Tribunal
shall interpret the award at the request of a party to the
dispute or of any intervening Party.

4. The award shall have no binding force except in respect of
that particular case.

5. Unless the Arbitral Tribunal decides otherwise, the expenses
of the Arbitral Tribunal, including the remuneration of the
Arbitrators, shall be borne by the parties to the dispute in
equal shares.

* Article 12.

*

All decisions of the Arbitral Tribunal, including those referred
to in Articles 5, 6 and 11 of this Annex, shall be made by a
majority of the Arbitrators who may not abstain from voting.