ISA: Secretary-General and Delegates Respond to TMC Announcement Concerning Seabed Mining Permits under US Regulation

On 27 March 2025, The Metals Company (TMC) released a press release which included the announcement:

“that its subsidiary The Metals Company USA LLC (“TMC USA”) has formally initiated a process with NOAA under the U.S. Department of Commerce to apply for exploration licenses and commercial recovery permits under existing U.S. legislation, the Deep Seabed Hard Mineral Resources Act of 1980 (DSHMRA)”

On 28 March 2025, ISA Secretary-General Leticia Carvalho issued a statement that brought the matter and the ISA-SG’s concerns to the attention of the members of the Council as a matter which may be of interest to the Council. The Council decided to discuss the announcement under ‘other matters’. The USA is not a Party to UNCLOS. The opinion of the ISA-SG stressed:

Any unilateral action would constitute a violation of international law and directly undermine the fundamental principles of multilateralism, the peaceful use of the oceans and the collective governance framework established under UNCLOS.
For over three decades, the absence of claims under any regime outside Part XI has demonstrated the international community’s strong confidence—including that of States not party to the Convention—in the system developed through the Authority.

Statement by Madam Secretary-General of the International Seabed Authority, Leticia Carvalho (28 March 2025)

As reported in Earth Negotiations Bulletin, numerous States expressed serious concerns about the reported intent of TMC USA. Numerous States emphasised that “the seabed, subsoil, and resources thereof in the Area are the common heritage of humankind and under the exclusive mandate of ISA” (Sierra Leone for the African Group, Argentina, The Bahamas, Belgium, Brazil, Cameroon, Chile, China, The Cook Islands, Costa Rica, Denmark, Fiji, Germany, Ghana, Greece, India, Indonesia, Italy, Jamaica, Japan, Lesotho, Mauritius, Mexico, The Netherlands, New Zealand, Norway, Poland, The Philippines, Portugal, The Russian Federation, Singapore, Spain, Switzerland, Trinidad And Tobago, The UK, and Zimbabwe). The common heritage principle, as applicable to the Area and its resources, is codified in Article 136 of UNCLOS, as well as relevant UN General Assembly Resolutions (Brazil, Greece and Mexico).

Numerous States also emphasised Article 137(1) of UNCLOS, which provides “No State shall claim or exercise sovereignty or sovereign rights over any part of the Area or its resources, nor shall any State or natural or juridical person appropriate any part thereof. No such claim or exercise of sovereignty or sovereign rights nor such appropriation shall be recognized” (Brazil, Greece, Mexico and others). “Germany and others noted Article 137 as customary international law”, while “France called for preserving the integrity and universality of the UNCLOS legal framework”.

Ireland, Jamaica, Singapore, and others rejected the TMC assertion that because the ISA has not yet adopted the Exploitation Regulations the ISA is somehow “in breach of its treaty obligations under UNCLOS and the 1994 Agreement”. Observers were critical of the timing of the TMC announcement and intentions perceived thereof.