[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
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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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