Section 139p. 139

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

article 151, paragraphs 2 to 7, following any necessary

selection among applicants for production authorizations

by the Council in accordance with Annex III, article 7.

3. The members of the Commission shall, upon request

by

any

State

Party

or

other

party

concerned,

be

accompanied by a representative of such State or other

party concerned when carrying out their function of

supervision and inspection.

SUBSECTION D. THE SECRETARIAT

Article 166. The Secretariat

1.

The Secretariat of the Authority shall comprise a

Secretary-General and such staff as the Authority may

require.

2. The Secretary-General shall be elected for four years by

the Assembly from among the candidates proposed by

the Council and may be re-elected.

3. The Secretary-General shall be the chief administrative

officer of the Authority, and shall act in that capacity in all

meetings of the Assembly, of the Council and of any

subsidiary

organ,

and

shall

perform

such

other

administrative

functions

as

are

entrusted

to

the

Secretary-General by these organs.

4. The Secretary-General shall make an annual report to

the Assembly on the work of the Authority.

Article 167. The staff of the Authority

1. The staff of the Authority shall consist of such qualified

scientific and technical and other personnel as may be

required to fulfil the administrative functions of the

Authority.

2. The paramount consideration in the recruitment and

employment of the staff and in the determination of their

conditions of service shall be the necessity of securing the

highest

standards

of

efficiency,

competence

and

integrity. Subject to this consideration, due regard shall

be paid to the importance of recruiting the staff on as

wide a geographical basis as possible.

3. The staff shall be appointed by the Secretary-General.

The

terms

and

conditions

on

which

they

shall

be

appointed,

remunerated

and

dismissed

shall

be

in

accordance with the rules, regulations and procedures of

the Authority.

Article 168. International character of the Secretariat

1.

In

the

performance

of

their

duties

the

Secretary-General and the staff shall not seek or receive

instructions from any government or from any other

source external to the Authority. They shall refrain from

any action which might reflect on their position as

international officials responsible only to the Authority.

Each State Party undertakes to respect the exclusively

international

character

of

the

responsibilities

of the

Secretary-General

and the staff and not to seek to

influence them in the discharge of their responsibilities.

Any violation of responsibilities by a staff member shall be

submitted to the appropriate administrative tribunal as

provided in the rules, regulations and procedures of the

Authority.

2. The Secretary-General and the staff shall have no

financial interest in any activity relating to exploration

and

exploitation

in

the

Area.

Subject

to

their

responsibilities to the Authority, they shall not disclose,

even

after

the

termination

of

their

functions,

any

industrial secret, proprietary data which are transferred to

the Authority in accordance with Annex III, article 14, or

any

other

confidential

information

coming

to

their

knowledge by reason of their employment with the

Authority.

3. Violations of the obligations of a staff member of the

Authority set forth in paragraph 2 shall, on the request of

a State Party affected by such violation, or a natural or

juridical person, sponsored by a State Party as provided in

article 153, paragraph 2(b), and affected by such violation,

be submitted by the Authority against the staff member

concerned

to

a

tribunal

designated

by

the

rules,

regulations and procedures of the Authority. The Party

affected

shall

have

the

right

to

take

part

in

the

proceedings.

If

the

tribunal

so

recommends,

the

Secretary-General

shall

dismiss

the

staff

member

concerned.

4. The rules, regulations and procedures of the Authority

shall

contain

such

provisions

as

are

necessary

to

implement this article.

Article

169.

Consultation

and

cooperation

with

international and non-governmental organizations

1. The Secretary-General shall, on matters within the

competence

of

the

Authority,

make

suitable

arrangements, with the approval of the Council, for

consultation

and

cooperation

with international and

non-governmental

organizations

recognized

by

the

Economic and Social Council of the United Nations.

2. Any organization with which the Secretary-General has

entered into an arrangement under paragraph 1 may

designate representatives to attend meetings of the

organs of the Authority as observers in accordance with

the rules of procedure of these organs. Procedures shall

be

established

for

obtaining

the

views

of

such

organizations in appropriate cases.

3. The Secretary-General may distribute to States Parties

written

reports

submitted

by

the non-governmental

organizations referred to in paragraph l on subjects in

which they have special competence and which are

related to the work of the Authority.

SUBSECTION E. THE ENTERPRISE

Article 170. The Enterprise

1. The Enterprise shall be the organ of the Authority which

shall carry out activities in the Area directly, pursuant to

article 153, paragraph 2(a), as well as the transporting,

processing and marketing of minerals recovered from the

Area.

2. The Enterprise shall, within the framework of the

international legal personality of the Authority, have such

legal capacity as is provided for in the Statute set forth in

Annex IV. The Enterprise shall act in accordance with this

Convention and the rules, regulations and procedures of

the Authority, as well as the general policies established

by the Assembly, and shall be subject to the directives

and control of the Council.

3. The Enterprise shall have its principal place of business

at the seat of the Authority.

4. The Enterprise shall, in accordance with article 173,

paragraph 2, and Annex IV, article 11, be provided with

such funds as it may require to carry out its functions, and

shall receive technology as provided in article 144 and

other relevant provisions of this Convention.

SUBSECTION F. FINANCIAL ARRANGEMENTS OF THE

AUTHORITY

Article 171. Funds of the Authority

The funds of the Authority shall include:

(a) assessed contributions made by members of the

Authority in accordance with article 160, paragraph 2(e);

(b) funds received by the Authority pursuant to Annex III,

article 13, in connection with activities in the Area;

(c) funds transferred from the Enterprise in accordance

with Annex IV, article 10;

(d) funds borrowed pursuant to article 174;

(e) voluntary contributions made by members or other

entities; and

© Compiled by RGL

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