Project Element 1: Hydrocarbons

Appropriate teams of experts could be sent to Solomon Islands, Tonga, and Vanuatu. Each team would probably include one representative from SOPAC and another from the U.S. Geological Survey (USGS). A representative from the Australian Bureau of Mineral Resources (BMR) could be provided for the Vanuatu team, and a representative from the New Zealand Department of Scientific and Industrial Research (DSIR) for the Tonga team. If invited, the Tripartite group would consider joining missions to publicize island country petroleum potential to prospective investors. Project Element 2: Cobalt Enriched Crusts and Manganese Nodules

If requested, a team of experts could be sent to the Cook Islands, Kiribati, and Tuvalu. This team could consist of representatives from SOPAC, Hawaii Institute of Geophysics (HIG), USGS, East-West Center, and Adelaide University or the DSIR.

OBJECTIVE B: COMPILATION AND SYNTHESIS OF DATA

This objective involves the compilation and synthesis of all available geological and geophysical data in the SOPAC regions. Data acquired during Tripartite I and II would be supplemented by data acquired from other non-Tripartite sources including French, German, Japanese, and U.S. institutes, and the private sector in the following categories:

Project Element 1: Petroleum

Tripartite scientists could assist SOPAC staff and country organizations in the analysis and interpretation of existing geophysical and geological data, especially multichannel seismic and geochemical data, in order to prepare country-specific reports on the hydrocarbon potential of the Solomon Islands, Tonga, and Vanuatu for their use. Geopotential modelling of existing geophysical data could be carried out by Tripartite scientists. Source rock, physical property and age evaluation of new drill cores obtained by those island countries of SOPAC with petroleum potential could be carried out by Tripartite scientists. It is envisaged that twelve months of Tripartite scientists' time would be required plus computer, analytical, incidentals (communication, etc) and travel funds; some support for training island nationals is also anticipated. Responsibilities for major compilations are expected to be as follows:

Solomon Islands:

Tonga:

Vanuatu:

SOPAC to deal with Iron Bottom Sound region, and USGS and BMR with regional prospects

Tonga Department of Lands, Survey and Mineral Resources, SOPAC, DSIR, and USGS
SOPAC, USGS, and BMR

Project Element 2: Cobalt Enriched Crusts and Manganese Nodules

SOPAC and Tripartite scientists would analyze and interpret existing geological, geophysical and geochemical data, particularly on the distribution and potential distribution of grades and thicknesses or abundances of crusts and nodules, over the next two years in order to prepare country specific reports on the offshore mineral potential of the Cook Islands, Kiribati, and Tuvalu for their use. It is envisaged that four months of Tripartite scientists' time would be needed, plus computer, incidentals (communication, etc) and travel funds; some support for island nationals is also anticipated. Responsibilities, in coordination with SOPAC, are expected to be as follows:

Tripartite scientists, in conjunction with SOPAC and island countries, would prepare and publish atlases of swath-mapping data, consisting generally of plates showing imagery and bathymetry, for the Manus Basin (PNG), Woodlark Basin (Solomon Islands), North Fiji Basin (Fiji and Vanuatu). The need for an atlas of the Manihiki Plateau (Cook Islands) is being reviewed. It is envisaged that three months of Tripartite scientists' time would be needed, plus computer, incidental and publication funds. Responsibilities are expected to be as follows:

Single-channel seismic data and SeaMARC II swath-mapping imagery would be synthesized and presented in a report. A layman's presentation on the results could be made in Samoa if requested. It is envisaged that six weeks of Tripartite scientists' time, plus computer, incidental and possible travel funds, would be needed. Responsibilities would be:

If requested, Tripartite scientists could analyze and interpret existing geophysical, geological and geochemical data on the distribution and potential distribution of hydrothermal minerals, especially massive sulfides, associated with back arc spreading systems and arc volcanism, in order to prepare country-specific reports on the offshore mineral potential of Fiji, PNG, Solomon Islands, Tonga, and Vanuatu.

OBJECTIVE C: ASSESSMENT OF NEEDS FOR FURTHER DATA COLLECTION

Throughout the information dissemination and synthesis activities described in Objectives A and B, efforts will be made to identify areas and topics where additional data could significantly increase the understanding of the hydrocarbon and mineral potential of the region.

OBJECTIVE D: PROVISION OF ADVICE RELATIVE TO GEOHAZARDS

Throughout the information dissemination and synthesis activities described in Objectives A and B, Pacific Island countries and SOPAC will be informed of any geohazards identified.

OBJECTIVE E: TRAINING OF PACIFIC ISLAND COUNTRY NATIONALS

Efforts would be made to provide training and educational opportunities in the evaluation and interpretation of Tripartite data, for Pacific Island country nationals identified by SOPAC member governments. Such training is expected to take place at the institutions participating in the Phase II extended programme.

OBJECTIVE F: ENCOURAGEMENT OF FOCUSSED INVESTIGATIONS AND ASSESSMENTS

During the synthesis of the data gathered by Tripartite I and II with other data, areas may be identified that would benefit from focussed data acquisition. Opportunities to use ocean research platforms to enhance the prospectivity of resources thus far discovered will be considered, if appropriate, on a case-by-case basis.

FUNDING

The allocation of funds necessary to implement objectives A, B, C, and D above is estimated at U.S. $300,000. Tripartite members will make their best efforts to identify appropriate sources of funds to support these activities.

Agreement Concerning Interim Arrangements Relating to Polymetallic Nodules of the Deep Sea Bed, Washington, 1982

Done at Washington 2 September 1982

Entered into force 2 September 1982

Depositary: United States

Primary source citation: 34 UST 3451, TIAS 10562

AGREEMENT CONCERNING INTERIM ARRANGEMENTS RELATING TO POLYMETALLIC NODULES OF THE DEEP SEA BED

THE PARTIES TO THIS AGREEMENT:

.. HAVING regard to investments made in exploration, research and other pioneer activities relating to the polymetallic nodules of the deep sea bed;

-- NOTING the adoption by the Third United Nations Conference on the Law of the Sea of a Convention on the Law of the Sea and of a Resolution Governing Preparatory Investment in Pioneer Activities Relating to Polymetallic Nodules prior to the entry into force of the Convention on the Law of the Sea, and the provision of that Resolution concerning resolution of conflicts among pioneer operators;

RECALLING the interim character of legislation with respect to deep sea bed operations enacted by certain

Parties;

DESIRING to make appropriate provisions for avoiding overlaps in the areas claimed for future pioneer activities in the deep sea bed and to ensure that, during the interim period, such activities are carried out in an orderly and peaceful manner;

EMPHASIZING that this Agreement is without prejudice to the decisions of the Parties with respect to the Convention on Law of the Sea adopted by the Third United Nations Conference on the Law of the Sea;

DESIRING also to avoid any discrimination among Parties in the implementation of this Agreement; DESIRING further to insure that adequate areas containing polymetallic nodules remain available for operations by other states and entities in conformity with international law;

HAVE AGREED AS FOLLOWS:

1. The object of the present Agreement is to facilitate the identification and resolution of conflicts which may arise from the filing and processing of applications for authorizations made by Pre-Enactment Explorers (PEEs) on or before March 12, 1982 under legislation in respect of deep sea bed operations enacted by any of the Parties.

2.

In the case of a conflict between the areas claimed in such applications, the Parties shall afford the applicants adequate opportunity, and shall encourage them, to resolve such conflict in a timely manner by voluntary procedures.

3.

The Parties with whom applications for authorizations have been made by PEES on or before March 12, 1982 shall follow the procedures set out in Part I of the Schedule hereto in respect of such applications.

(a)

with a view to coordinating and reviewing implementation of this Agreement;

(b)

(c)

before issuing any authorization under their respective laws relating to deep sea bed operations;

in regard to consideration of any arrangement to facilitate mutual recognitions of such authorizations, it being understood that any such arrangement shall not enter into force before January 1, 1983;

5.

(d)

before entering into any other bilateral or any multilateral arrangement between themselves or any arrangement with other States, with respect to deep sea bed operations.

In the event that any of the Parties with whom applications for authorizations have been made by PEES on or before March 12, 1982 enter into an agreement for the mutual recognition of authorizations granted under their respective laws in respect of deep sea bed operations, the Parties concerned shall apply the procedures and impose the requirements set out in Part II of the Schedule hereto.

6.

To the extent permissible under national law, a Party shall maintain the confidentiality of the coordinates of application areas and other proprietary or confidential commercial information received in confidence from any other Party in pursuance of cooperation under this Agreement in accordance with the principles set out in Part III of the Schedule hereto.

7.

The Parties shall settle any dispute arising from the interpretation or application of this Agreement by appropriate means. The Parties to the dispute shall consider the possibility of recourse to binding arbitration and, if they agree, shall have recourse to it.

8.

The Schedule hereto is an integral part of this Agreement and Part IV thereof shall apply for the interpretation of this Agreement.

The Parties shall not enter into any supplementary international agreement inconsistent with this Agreement.

9.

10.

This Agreement may be amended by written agreement of all the Parties.

11.

12.

This Agreement shall enter into force upon signature.

After entry into force of this Agreement, additional States may be invited to accede to this Agreement at any time with the consent of all Parties.

13. Any Party may denounce this Agreement on 30 days' notice to the Government of the United States of America, and in no case shall the denunciation have effect before January 3, 1983.

DONE at Washington this second day of September, 1982, in the English, German and French languages, all texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the United States of America, which will transmit a duly certified copy to each of the other signatory Governments.

1.

THE SCHEDULE

PART I

APPLICATION PROCEDURES FOR PRE-ENACTMENT EXPLORERS

Each Party as provided in paragraph 3 of the Agreement shall forthwith inform the other Parties of entities which have filed applications with it.

Any application filed on or before March 12, 1982 shall be deemed to be filed on that date.

2.

3.

(b)

(c)

the applicant is a PEE with respect to the area applied for (an applicant filing on behalf of a PEE shall itself be deemed a PEE for that application);

the area is bounded by a continuous boundary;

notify the other Parties of the results of the initial processing under paragraph 3 above;

(b)

with the other Parties establish the final list of applications to which this Agreement applies;

(c)

inform the other Parties whether the applicant has applied for the same area, or substantially the same area, to one or more other Parties;

(d)

if the applicant agrees, inform the other Parties of the coordinates of the area specified in any application filed with it;

Where it is informed of the relevant coordinates, each Party shall notify each of its applicants who is involved in a conflict that a conflict exists. Such notification shall include coordinates identifying the areas in conflict and the identity of each applicant with whom conflict has arisen.

7. Each Party shall ensure that domestic conflicts are resolved pursuant to its respective domestic requirements. Upon agreement of the applicants, domestic conflicts may be resolved in accordance with the international conflict resolution procedures specified in the Schedule. The Parties shall enter into consultations if it appears that the resolution of a domestic conflict might affect the international conflict resolution procedures, or vice versa.

Each Party shall accept amendments to applications to which this Agreement applies only if they:

(a)

pertain to areas with respect to which the applicant is a PEE (the area applied for in an amendment need not be adjacent to the area applied for in the original application); and

(b)

(2)

(3)

are made in order to resolve an existing conflict with respect to that application.

Each Party shall process any amendment filed pursuant to this paragraph in accordance with the procedures described in the foregoing provisions of this Part except that paragraphs 2, 3(c), 3(d), and 4(c) shall not apply to amendments.

Amendments filed under paragraph 8 of the Schedule shall be eligible for mutual recognition in accordance with the terms of an agreement entered into by any of the Parties pursuant to paragraph 5 of the Agreement.