    [Senate Treaty Document 118-2]
    [From the U.S. Government Publishing Office]

    118th Congress    }                                     {   Treaty Doc.
    SENATE
     2d Session       }                                     {    118-2
    _______________________________________________________________________

    AGREEMENT UNDER THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA ON
    THE CONSERVATION AND SUSTAINABLE USE OF MARINE BIOLOGICAL DIVERSITY OF
                       AREAS BEYOND NATIONAL JURISDICTION

                                   __________

                                    MESSAGE

                                      from

                         THEPRESIDENTOFTHEUNITEDSTATES

                                  transmitting

    AGREEMENT UNDER THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA ON
    THE CONSERVATION AND SUSTAINABLE USE OF MARINE BIOLOGICAL DIVERSITY OF
                       AREAS BEYOND NATIONAL JURISDICTION

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     December 18, 2024.--Treaty was read the first time, and together with
    the accompanying papers, referred to the Committee on Foreign Relations
              and ordered to be printed for the use of the Senate

                             LETTER OF TRANSMITTAL

                                  ----------

                                    The White House, December 18, 2024.

    To the Senate of the United States:

        With a view to receiving the advice and consent of the
    Senate to ratification, I transmit herewith the Agreement under
    the United Nations Convention on the Law of the Sea on the
    conservation and sustainable use of marine biological diversity
    of areas beyond national jurisdiction (the ``Agreement''). I
    also transmit, for the information of the Senate, the report of
    the Department of State with respect to the Agreement.
        The purpose of the Agreement is to ensure the conservation
    and sustainable use of marine biodiversity of areas beyond
    national jurisdiction (ABNJ), often referred to as the high
    seas, which are under threat from a multitude of stressors. The
    high seas includes ocean areas beyond countries' 200-mile
    exclusive economic zones and covers about two-thirds of the
    global ocean.
        The Agreement will create a mechanism to establish marine
    protected areas in ABNJ, a vital step in the global effort to
    conserve or protect at least 30 percent of the global ocean by
    2030. It will create a system for the fair and equitable
    sharing of benefits from the use of marine genetic resources
    from ABNJ. The Agreement also includes provisions ensuring that
    Parties conduct rigorous environmental impact assessments for
    their activities in ABNJ and provisions on capacity-building
    and the transfer of marine technology related to the Agreement.
    The Agreement is key to supporting the sustainable use of
    marine resources, maintaining the integrity of ocean
    ecosystems, and conserving marine biological diversity.
    Implementation of the Agreement will respect the competences of
    and not undermine other international bodies and will require
    consultations with those organizations to enhance cooperation
    and coordination on the conservation and sustainable use of the
    marine resources of the high seas.
        I believe joining the Agreement to be fully in the interest
    of the United States. I recommend that the Senate give early
    and favorable consideration to the Agreement and give its
    advice and consent to ratification.
                                                   Joseph R. Biden, Jr.

                              LETTER OF SUBMITTAL

                                  ----------

                                           Department of State,
                                         Washington, September 9, 2024.
    The President,
    The White House.

        I have the honor to submit to you, with a view to the
    transmittal to the Senate for its advice and consent to
    ratification, the Agreement Under the United Nations Convention
    on the Law of the Sea on the conservation and sustainable use
    of marine biodiversity of areas beyond national jurisdiction
    done at New York on June 19, 2023, which is referred to as the
    ``BBNJ'' Agreement, or the ``High Seas Treaty.'' The United
    States signed the Agreement on September 20, 2023. Also
    enclosed is an Article by Article analysis of the Agreement.
        The Agreement's objective is to ensure the conservation and
    sustainable use of marine biodiversity of areas beyond national
    jurisdiction (ABNJ), which are under threat from a multitude of
    stressors. ABNJ, often referred to as the ``high seas,''
    includes ocean areas beyond countries' 200-mile exclusive
    economic zones and covers about two-thirds of the global ocean.
    The Agreement is key to supporting the sustainable use of
    marine resources, maintaining the integrity of ocean
    ecosystems, and conserving marine biological diversity.
        The Agreement creates for the first time, a global and
    cross-sectoral mechanism to establish area-based management
    tools (ABMTs), including marine protected areas (MPAs), in
    ABNJ. This is a vital step in the global effort to conserve or
    protect at least 30 percent of the global ocean by 2030. As
    defined by the Agreement, ABMTs are tools that apply to a
    geographic area through which one sector or activity (e.g.,
    fisheries) or several sectors or activities (e.g., fishing,
    shipping, and/or mining) are managed to achieve conservation
    and sustainable use objectives. The Agreement provides a
    process for proposing ABMTs, robust and inclusive consultation
    on the proposals, and a thorough scientific and technical
    review to inform decisions by the Conference of the Parties to
    establish ABMTs based on the proposals.
        The Agreement also creates a system for the fair and
    equitable sharing of benefits arising from activities with
    respect to marine genetic resources (MGR) of ABNJ and digital
    sequence information on MGR of ABNJ, and establishes a
    notification system, which requires that certain information
    related to such activities be notified to a BBNJ Clearing-House
    Mechanism. The Agreement specifies two types of benefits to be
    shared--non-monetary and monetary. The benefits are to be used
    for the conservation and sustainable use of marine biological
    diversity.
        The Agreement also establishes a process for Parties to
    conduct environmental impact assessments (EIAs) for their
    activities in ABNJ. These provisions ensure that States are
    conducting comprehensive and rigorous assessments, effectively
    bringing the world in line with the robust process the United
    States already has in place. EIAs and decisions on whether an
    activity proceeds after an EIA is conducted are done by the
    State with jurisdiction or control over the activity.
        The Agreement also includes provisions on capacity-building
    and the transfer of marine technology related to the
    conservation and sustainable use of marine biological diversity
    of ABNJ. Regarding capacity-building, Parties must, within
    their capabilities, ensure capacity-building for developing
    States Parties that need and request it for conservation and
    sustainable use related to the Agreement. To provide this
    capacity-building, Parties can choose from a suite of options,
    many of which the United States is already undertaking. The
    Agreement does not mandate the transfer of marine technology
    but rather Parties are required to ``cooperate to achieve''
    transfer of marine technology. Such transfer, if it occurs, is
    to be done on fair and most favorable terms and on mutually
    agreed terms and conditions, and it must also be done with due
    regard for all rights and legitimate interests of technology
    holders.
        The United States achieved its primary objectives in these
    complex negotiations, including protection of high seas
    biodiversity; leveling the playing field for U.S. stakeholders
    by bringing other countries up to the standards of the United
    States for conducting environmental impact assessments;
    protection of intellectual property rights; not undermining
    existing international bodies; and ensuring that the treaty
    does not define MGR of ABNJ as the common heritage of
    humankind. The Agreement is an ``implementing agreement'' under
    the United Nations Convention on the Law of the Sea
    (Convention), although it is not a requirement to be a party to
    Convention to become party to the BBNJ Agreement. This follows
    the approach of the UN Fish Stocks Agreement (``United Nations
    Agreement for the Implementation of the Provisions of the
    United Nations Convention on the Law of the Sea of 10 December
    1982 relating to the Conservation and Management of Straddling
    Fish Stocks and Highly Migratory Fish Stocks'' done at New York
    on December 4, 1995), to which the United States is party.
        Most obligations under the Agreement would be implemented
    on the basis of existing statutory authorities. As described in
    more detail below, the Administration would plan to seek
    additional legislation to support implementation of Part II
    obligations as to private actors and non-federal government
    actors. The Administration would also plan to seek
    appropriations as part of the annual budget request to meet
    financial obligations under the Agreement, including for the
    payment of assessed contributions. In addition, regulations and
    other executive action would need to be promulgated under these
    new and existing authorities for the United States to be able
    to carry out its treaty obligations. With the exception of the
    Article 51.6 obligation to keep certain information
    confidential, which is self-executing, the Agreement is not
    self-executing.
        All interested agencies and departments support the United
    States joining the Agreement. I recommend, therefore, that the
    treaty be transmitted to the Senate for its advice and consent
    to ratification.

                Sincerely,
                                                     Antony J. Blinken.
        Enclosures: As stated.

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