[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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