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States, or their nationals, provided that the State
concerned signs the Convention and the State or state
enterprise or natural or juridical person has expended,
before 1 January 1983, an amount equivalent to at least
$US 30 million (United States dollars calculated in
constant dollars relative to 1982) in pioneer activities and
has expended no less than 10 per cent of that amount in
the location, survey and evaluation of the area referred to
in paragraph 3(a);
(ii) four entities, whose components being natural or juridical
persons 1 possess the nationality of one or more of the
following States, or are effectively controlled by one or
more of them or their nationals: Belgium, Canada, the
Federal Republic of Germany, Italy, Japan, the
Netherlands, the United Kingdom of Great Britain and
Northern Ireland, and the United States of America,
provided that the certifying State or States sign the
Convention and the entity concerned has expended,
before 1 January 1983, the levels of expenditure for the
purpose stated in subparagraph (i);
(iii) any developing State which signs the Convention or any
state enterprise or natural or juridical person which
possesses the nationality of such State or is effectively
controlled by it or its nationals, or any group of the
foregoing, which, before 1 January 1985, has expended
the levels of expenditure for the purpose stated in
subparagraph (i);
The rights of the pioneer investor may devolve upon its successor in interest.
(b) "pioneer activities" means undertakings, commitments of
financial and other assets, investigations, findings, research,
engineering development and other activities relevant to the
identification, discovery, and systematic analysis and evaluation
of polymetallic nodules and to the determination of the
technical and economic feasibility of exploitation. Pioneer
activities include:
(i) any at-sea observation and evaluation activity which has
as its objective the establishment and documentation of
the nature, shape, concentration, location and grade of
polymetallic nodules and of the environmental, technical
and other appropriate factors which must be taken into
account before exploitation;
(ii) the recovery from the Area of polymetallic nodules with
a view to the designing, fabricating and testing of
equipment which is intended to be used in the exploitation
of polymetallic nodules;
(c) "certifying State" means a State which signs the Convention,
standing in the same relation to a pioneer investor as would a
1
For their identity and composition see "Seabed mineral resource
development: recent activities of the international Consortia" and addendum, published by
the Department of International Economic and Social Affairs of the United Nations
(ST/ESA/107 and Add.1).
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