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1982年聯合國海洋法公約(附英文) (43)
雙擊自動滾屏 文章來源:網上轉載   發布者:admin   發布時間:2001-7-28   閱讀:63701

 

(f) Repayment of the interest-bearing loans shall have priority
 over the repayment of the interest-free loans. Repayment of interest-free
 loans shall be in accordance with a schedule adopted by the Assembly, upon
 the recommendation of the Council and the advice of the Board. In the
 exercise of this function the Board shall be guided by the relevant
 provisions of the rules, regulations and procedures of the Authority,
 which shall take into account the paramount importance of ensuring the
 effective functioning of the Enterprise and, in particular, ensuring its
 financial independence.
     (g) Funds made available to the Enterprise shall be in freely
 usable currencies or currencies which are freely available and effectively
 usable in the major foreign exchange markets. These currencies shall be
 defined in the rules, regulations and procedures of the Authority in
 accordance with prevailing international monetary practice. Except as
 provided in paragraph 2, no State Party shall maintain or impose
 restrictions on the holding, use or exchange by the Enterprise of these
 funds. 
 
     (h) "Debt guarantee" means a promise of a State Party to creditors
 of the Enterprise to pay, pro rata in accordance with the appropriate
 scale, the financial obligations of the Enterprise covered by the
 guarantee following notice by the creditors to the State Party of a
 default by the Enterprise. Procedures for the payment of those obligations
 shall be in conformity with the rules, regulations and procedures of the
 Authority.
   4. The funds, assets and expenses of the Enterprise shall be kept
 separate from those of the Authority. This Article shall not prevent the
 Enterprise from making arrangements with the Authority regarding
 facilities, personnel and services and arrangements for reimbursement of
 administrative expenses paid by either on behalf of the other.
   5. The records, books and accounts of the Enterprise, including its
 annual financial statements, shall be audited annually by an independent
 auditor appointed by the Council.
 Article 12
   Operations
   1. The Enterprise shall propose to the Council projects for carrying
 out activities in accordance with Article 170. Such proposals shall
 include a formal written plan of work for activities in the Area in
 accordance with Article 153, paragraph 3, and all such other information
 and data as may be required from time to time for its appraisal by the
 Legal and Technical Commission and approval by the Council.
   2. Upon approval by the Council, the Enterprise shall execute the
 project on the basis of the formal written plan of work referred to in
 paragraph 1.
   3. (a) If the Enterprise does not possess the goods and services
 required for its operations it may procure them. For that purpose, it
 shall issue invitations to tender and award contracts to bidders offering
 the best combination of quality, price and delivery time.
     (b) If there is more than one bid offering such a combination, the
 contract shall be awarded in accordance with:
       (i) the principle of non-discrimination on the basis of
 political or other considerations not relevant to the carrying out of
 operations with due diligence and efficiency;
       (ii) guidelines approved by the Council with regard to the
 preferences to be accorded to goods and services originating in developing
 States, including the land-locked and geographically disadvantaged among
 them.
     (c) The Governing Board may adopt rules determining the special
 circumstances in which the requirements of invitations to bid may, in the
 best interests of the Enterprise, be dispensed with.
   4. The Enterprise shall have title to all minerals and processed
 substances produced by it.
   5. The Enterprise shall sell its products on a non-discriminatory
 basis. It shall not give non-commercial discounts. 
 
   6. Without prejudice to any general or special power conferred on the
 Enterprise under any other provision of this Convention, the Enterprise
 shall exercise such powers incidental to its business as shall be
 necessary.
   7. The Enterprise shall not interfere in the political affairs of any
 State Party; nor shall it be influenced in its decisions by the political
 character of the State Party concerned. Only commercial considerations
 shall be relevant to its decisions, and that considerations shall be
 weighed impartially in order to carry out the purposes specified in
 Article 1 of this Annex.
 Article 13
   Legal status, privileges and immunities
   1. To enable the Enterprise to exercise its functions, the status,
 privileges and immunities set forth in this Article shall be accorded to
 the Enterprise in the territories of States Parties. To give effect to
 this principle the Enterprise and States Parties may, where necessary,
 enter into special agreemen

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