[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 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] 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. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]