Foreign Relations of the United States, 1981–1988, Volume XLI, Global Issues II

173. Telegram From the Department of State to All Diplomatic Posts¹

Washington, September 4, 1982, 0117Z

249893. Pass PAOs. Subject: LOS: Agreement on Polymetallic Nodules.

1. (U) On Sept. 2 the United States, the UK, France and the FRG signed an agreement concerning interim arrangements relating to polymetallic nodules of the deep seabed.² This agreement is intended to encourage the resolution of conflicts resulting from overlapping seabed mining claims. It requires consultation among the parties on a range of issues relating to seabed mining. The agreement does not provide for mutual recognition of deep seabed mining licenses.

2. (LOU) Signature of the agreement may provoke comments in the media or queries from most governments. Criticism may be made that this agreement is a “mini-treaty” devised by the United States to undermine the LOS Treaty. In reply to any such comments, posts should stress that agreement is not a “mini-treaty”. Signature of this agreement is not intended to prejudice the position of the signatories on the LOS Treaty.

3. (LOU) The following statement has been agreed upon by the US, UK, France and the FRG. Begin text:

—It has been recognised both within the Third United Nations Conference on the Law of the Sea and outside it that the elimination of overlapping of the areas where pioneer explorers conduct deep sea operations is a necessary prerequisite for further exploration for polymetallic nodules. The likelihood of such overlapping in areas of the deep seabed where explorers have been, and wish to continue, prospecting and exploring is a real one. France, the Federal Republic of Germany, the United Kingdom and the United States of America have (like some other countries) enacted interim laws in order to ensure that, pending the adoption of generally agreed arrangements, such operations are conducted in an orderly and peaceful manner. The resolution of overlapping is a necessary corollary of these laws. The main purpose of the agreement, which has just been signed, is to encourage explorers, who have applied to the parties under these laws, to resolve such overlapping by voluntary procedures. It also makes provision for exchanges of information on the procedures for examining such applications. The parties also agree to have further consultations on these matters. These limited arrangements are so framed as not to prejudice the position of any of the parties in relation to the convention. They do not prejudice the decision that France, the Federal Republic of Germany and the United Kingdom have yet to take with respect to participation in the Convention on the Law of the Sea—and they are compatible with the documents adopted by the Conference. End text.

4. Posts may draw upon the above in response to questions. If it is considered desirable, posts may take the initiative and inform most governments that agreement has been signed.

Shultz

1. Source: Department of State, Marine Law and Policy Division, Subject and Country Files, Law of the Sea, 1981–1982, Lot 92D622, 50.12—Background—Sept 2 Agreement. Limited Official Use; Priority. Drafted by Eskin; cleared in EB/MDM, L/OES, EUR, EA, ARA, NEA, AF, and DOC/NOAA/OME; and approved by Malone.
2. The draft text was transmitted in telegram 9924 from Brussels, July 23. See Document 169.