§1428 Reciprocating States

Summary

The Administrator can name a foreign country a "reciprocating state" if the Secretary of State agrees it has rules for deep seabed exploration and commercial recovery that match U.S. standards. Those rules must include protection of the environment, conservation of resources, safety at sea, and real enforcement. The country must also respect licenses and permits issued under this U.S. law (and block anyone at home from doing things that would conflict with them), follow the dates for issuing licenses and permits in section 1412(c)(1)(D), honor application priorities like the U.S. does, and have an interim legal system that does not unfairly interfere with other states’ high seas freedoms. If a country is designated, the U.S. will not issue a license or permit that conflicts with that country’s authorization. The Administrator must immediately notify all reciprocating states when a U.S. license or permit application is received, including parts or a summary of the exploration or recovery plan, except for information that must be withheld under section 1423(c). The Administrator, with the Secretary of State, can revoke a designation if the country stops meeting the rules and may, at a license-holder’s request, recognize that country’s authorizations that were issued while it was designated. The President may negotiate agreements to make this work. The Administrator must also consult with and help countries that are making interim laws, offering environmental information and technical help to support their regulation.