List of Multilateral Treaty Actions Under Negotiation or Consideration as at June 2017

SCHEDULE OF MULTILATERAL TREATIES

UNDER NEGOTIATION, CONSIDERATION OR REVIEW

BY THE AUSTRALIAN GOVERNMENT

AS AT 13 JUNE 2017

Title	International Organisation or Depositary	Contact	Past, current and prospective activity
CRIMINAL MATTERS: TERRORISM
Draft Comprehensive Convention on Terrorism Under negotiation.	UN	Annabel Knott Counter Terrorism Unit National Security Division Attorney-General’s Department Telephone: 02 6141 3238 Email: annabel.knott@ag.gov.au	An Ad Hoc Committee was established by UN General Assembly Resolution 51/210 of 17 December 1996 to elaborate a text. Negotiations are still continuing towards settling draft text. A decision on becoming a party will only be made once the text of the Convention has been finalised.
Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 (the SUA Protocol) (London, 14 October 2005) [2005] ATNIF 30 Protocol of 2005 for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (the Fixed Platforms Protocol) (London, 14 October 2005) [2005] ATNIF 31	International Maritime Organisation (IMO)	Annabel Knott Counter Terrorism Unit National Security Division Attorney-General’s Department Telephone: 02 6141 3238 Email: annabel.knott@ag.gov.au	On 7 March 2006 Australia signed two protocols that amend the SUA Convention and the Fixed Platforms Protocol respectively. NIA activity has commenced.
The Convention on the Suppression of Unlawful Acts relating to International Civil Aviation (Beijing Convention) [2013] ATNIF 6 AND The Protocol to the Convention for the Suppression of Unlawful Seizure of Aircraft (Beijing Protocol) [2013] ATNIF 7	International Civil Aviation Organization (ICAO)	For international law matters: Jeremy Shirm Office of International Law Attorney-General’s Department Telephone: 02 6141 2997 Email: jeremy.shirm@ag.gov.au For domestic implementation: Lionel Markey AusCheck Criminal Justice Group Attorney-General’s Department Telephone: 02 6141 3017 Email: lionel.markey@ag.gov.au	On 10 September 2010, at the ICAO Diplomatic Conference on Aviation Security in Beijing, the Convention on the Suppression of Unlawful Acts relating to International Civil Aviation (Beijing Convention) and the Protocol to the Convention for the Suppression of Unlawful Seizure of Aircraft (Beijing Protocol) were adopted. The instruments address new and emerging threats to civil aviation, and criminalise under international law certain conduct not currently fully covered by previous international aviation security instruments. Australia signed the Beijing Convention and Protocol at ICAO headquarters in Montreal on 15 March 2013. Prior to Australian ratification of the instruments, domestic legislative action is required to give effect to the offences in the instruments.
HUMAN RIGHTS
Optional Protocol to the Convention against Torture and other cruel Inhuman or Degrading Treatment or Punishment (OPCAT) (New York, 18 December 2002) [2009] ATNIF 10 Entry into Force generally occurred on 22 June 2006 in accordance with Article 28(1).	United Nations	Ms Emma Swinbourne Human Rights Civil Law Unit Attorney-General’s Department Telephone: 02 6141 2676 Email: Emma.Swinbourne@ag.gov.au Mr Andrew Symonds Human Rights Civil Law Unit Attorney-General’s Department Telephone: 02 6141 3051 Email: Andrew.symonds@ag.gov.au	Australia signed OPCAT in May 2009. The Australian Government intends to ratify OPCAT by December 2017, subject to consultation with Australian states and territories.
Withdrawal of Australia’s Reservation to the Convention on the Elimination of All Forms of Discrimination Against Women	United Nations	Prue Mooney Adviser, International Engagement Section, Office for Women Department of Prime Minister and Cabinet Telephone: 02 6271 5502 Email: prue.mooney@pmc.gov.au	Australia proposes to withdraw its Reservation to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) relating to the engagement of military personnel. The treaty action was tabled in Parliament on 20 March 2017 and it is anticipated that JSCOT will report by 20 June 2017. Australia will then take steps to formally withdraw the reservation.
INTERNATIONAL LAW: PRIVATE INTERNATIONAL LAW: HAGUE CONVENTIONS
Convention on Choice of Court Agreements (The Hague, 30 June 2005) [2016] ATNIF 23	The Hague Conference on Private International Law	Mr Antony Catt Private International Law and Commercial Policy Section Civil Law Unit Attorney-General’s Department Telephone: 02 6141 3504 Email: antony.catt@ag.gov.au	The Convention on Choice of Court Agreements and a National Interest Analysis were tabled in Parliament on 15 March 2016. The Convention was re-referred to JSCOT for consideration on 12 September 2016. JSCOT supported Australia’s accession to the Convention and recommended that binding treaty action be taken. AGD is progressing domestic legislation to enable Australia to accede to the Convention. .
Hague Conference Judgments Project	The Hague Conference on Private International Law	Mr Antony Catt Private International Law and Commercial Policy Section Civil Law Unit Attorney-General’s Department Telephone: 02 6141 3504 Email: antony.catt@ag.gov.au	The aim of the Hague Conference Judgments Project is to develop a new international Convention which will create a global and streamlined system for the recognition and enforcement of foreign judgments. The first meeting of the Special Commission on the Recognition and Enforcement of Foreign Judgments, which was held in The Hague in June 2016, was positive. The Special Commission reconvened from 16 to 24 February 2017.
INTERNATIONAL TRADE : FOREIGN INVESTMENT
United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (New York, 10 December 2014)	UNCITRAL	Mr Antony Catt Private International Law and Commercial Policy Section Civil Law Unit Attorney-General’s Department Telephone: 02 6141 3504 Email: antony.catt@ag.gov.au	The United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (the Convention) extends the application of the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (Transparency Rules) to investor-State arbitrations initiated under treaties concluded prior to 1 April 2014. The Transparency Rules will apply where both the investor’s State and the host State of the investment are parties to the Convention or where the host State is a party to the Convention and the investor agrees to the application of the Transparency Rules. The Government is actively working towards signature of the Convention.

Title	International Organisation or Depositary	Contact	Past, current and prospective activity
MARITIME & LAW OF THE SEA: FISHING
Amendments to the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America (the US Treaty) (Port Moresby, 2 April 1988), entered into force for Australia and generally 15 June 1988	Government of Papua New Guinea	Jenny Baldwin Multilateral and Migratory Stocks Section Sustainable Agriculture, Fisheries and Forestry Division Department of Agriculture and Water Resources Telephone: 02 6272 3756 Email: jenny.baldwin@agriculture.gov.au	The US Tuna Treaty is a multilateral treaty between the United States of America and a collection of Pacific Island States, under which US fishing vessels are granted access to fish the waters of the Pacific Island Parties in return for annual payments from the US Government and industry. Australia is one of the Parties. The most recent licensing phase of the US Treaty began in 2003, and ended on 14 June 2013. Since June 2013 Parties (excluding Australia) have agreed to three transitional arrangements which permits fishing to continue. The third transitional arrangement was negotiated in August 2015 (excluding Australia) which permits fishing to continue until 31 December 2016. In December 2016, Parties concluded negotiations over the terms for a new Licensing Period (covering at least an additional six licencing period beginning on 1 January 2017) and other amendments to the US Tuna Treaty. The terms of the amended agreement are currently being provisionally applied by the United States and other Parties (excluding Australia) by way of an MOU. In the second half of 2017, DAWR will consult with agencies on the question of whether Australia should sign the MOU and /or ratify the amendments to the treaty. With the conclusion of the negotiations over amendments to the treaty in December 2016, the US rescinded its notice of withdrawal from the treaty which would have taken effect in January 2017.
Extension of the Agreement among Pacific Island States concerning the Implementation and Administration of the Treaty on Fisheries between the governments of certain Pacific Island States and the Government of the United States of America of 1987 (Internal Agreement)(Port Moresby, 2 April 1987) entered into force for Australia and generally 15 June 1988	Government of Papua New Guinea	Jenny Baldwin Multilateral and Migratory Stocks Section Sustainable Agriculture, Fisheries and Forestry Division Department of Agriculture and Water Resources Telephone: 02 6272 3756 Email: jenny.baldwin@agriculture.gov.au	Payments made under the US Treaty are distributed amongst Pacific Island Parties based on arrangements negotiated under the Internal Agreement. DAWR is considering the Internal Agreement now that amendments to the US Tuna Treaty (above) have been agreed.
Agreement on Strengthening Implementation of the Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region (Agreement) (Honiara on 2 November 2012), entered into force generally on 30 July 2014 [2014] ATNIF 25	Director-General of the Forum Fisheries Agency	Jenny Baldwin Multilateral and Migratory Stocks Section Sustainable Agriculture, Fisheries and Forestry Division Department of Agriculture and Water Resources Telephone: 02 6272 3756 Email: jenny.baldwin@agriculture.gov.au	At their August 2010 meeting, Pacific Island Forum Leaders agreed that a Multilateral Subsidiary Agreement be negotiated under the Niue Treaty on Cooperation in Regional Fisheries Surveillance and Law Enforcement (Niue Treaty), to enhance cooperation on monitoring, control and surveillance in the Pacific region. On 2 November 2012 the Parties to the Niue Treaty adopted Niue Treaty Subsidiary Agreement and opened it for signature. The Niue Treaty Subsidiary Agreement entered into force on 30 July 2014, with the deposit of the fourth ratification. Australia signed the agreement on 2 July 2014. The agreement was tabled in Parliament on 1 December 2015. JSCOT recommended binding treaty action in Report 161 tabled on 4 May 2016. Steps will now be taken to enable Australia to deposit its instrument of ratification.
MARITIME & LAW OF THE SEA
International Convention for the Control and Management of Ships’ Ballast Water and Sediment London, 13 February 2004 [2005] ATNIF 18	International Maritime Organization (IMO)	Susan Kropman, Marine Pests, Animal Biosecurity Branch Department of Agriculture and Water Resources Telephone: 02 6272 5381 Email: susan.kropman@agriculture.gov.au Mr Matthew Johnston Australian Maritime Safety Authority Telephone: 02 6279 5040 Facsimile: 02 6279 5026 Email: Matt.Johnston@amsa.gov.au	The Convention was signed by Australia, subject to ratification, on 27 May 2005. The Convention will enter into force on 8 September 2017. The Convention was tabled in Parliament on 13 June 2007. JSCOT Report 87 recommended binding treaty action be taken. The implementing legislation, the Biosecurity Amendment (Ballast Water and other Measures) Act 2017, received Royal Assent on 17 May 2017. Australia deposited the instrument of ratification at the International Maritime Organization on 7 June 2017. The Convention will come into force for Australia on 8 September 2017, the same day that it comes into force generally.
Treaty under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity beyond national jurisdiction	United Nations	Ms Dheny Raw Sea Law, Environment Law and Antarctica Section Legal Division Department of Foreign Affairs and Trade Telephone: 02 6261 5189 Email: dheny.raw@dfat.gov.au	The purpose of the prospective treaty is to improve the conservation of high seas biodiversity and to establish an international regime for the use of marine genetic resources. The negotiations will have two stages: a Preparatory Committee (PrepCom) process followed by an intergovernmental conference. At its fourth and final meeting in New York from 10-21 July 2017, the PrepCom will aim to conclude recommendations on the elements of a draft text to the UN General Assembly by the end of 2017. After this, the General Assembly will likely set a date for an intergovernmental conference to negotiate a treaty text, likely in 2018 or 2019.

Title	International Organisation or Depositary	Contact	Past, current and prospective activity
COMMUNICATIONS: TELECOMMUNICATIONS: INTERNATIONAL TELECOMMUNICATION UNION (ITU)
Agreement relating to the International Telecommunications Satellite Organization (ITSO) of 20 August 1971, Amendment of Article XII(c)(ii) (Paris, 23 March 2007)	ITSO	Rachel Blackwood Director Spectrum Management and Access, Spectrum and Security Branch Department of Communications and the Arts Telephone: 02 6271 1591 Email: rachel.blackwood@communications.gov.au	The thirty-first (extraordinary) meeting of the ITSO Assembly of Parties adopted an amendment to Article XII(c)(ii) of the ITSO Agreement on 23 March 2007 in Paris. Over one-third of ITSO member countries have now approved the treaty amendment, of the 99 required for it to enter into force. It is proposed that Australia does not ratify the amendment until automatically required once 99 other countries ratify.
Partial revision of the 2012 Radio Regulations, as incorporated into the Final Acts of the World Radio Communication Conference 2015 (WRC -15) (Geneva, 2 November 2015) [2016] ATNIF 29	ITU	Rachel Blackwood Director Spectrum Management and Access, Spectrum and Security Branch Department of Communications and the Arts Telephone: 02 6271 1591 Email: rachel.blackwood@communications.gov.au	Australia participated in the International Telecommunications Union (ITU) World Radio communication Conference in Geneva, Switzerland, 2-27 November 2015. The Conference amended the Radio Regulations in its Final Acts; an international treaty governing the use of the radiofrequency spectrum and the satellite orbit. The partial revision was tabled in Parliament on October 2016. Australia deposited its instrument of ratification in April 2017.
COMMUNICATIONS: UNIVERSAL POSTAL UNION (UPU)
Acts of the Istanbul Congress, done at Istanbul, 6 October 2016	UPU	Terry Turnbull Postal International Engagement Post & ACMA Department of Communications and the Arts Telephone: 02 6271 1230 Terry.turnbull@communications.gov.au	The 26^th UPU Congress took place on 20 September – 7 October 2016 and adopted amendments to the UPU Acts. The treaty action amends the rules for international mail exchanges and for the operation of the UPU. The Acts were signed at the conclusion of the Congress on 6 October 2016. The National Interest Analysis is being prepared and is expected to be tabled in Parliament in the 2017 Spring sitting period for consideration by JSCOT.
Acts of the 12^th Congress of the Asian-Pacific Postal Union to be held 3-7 July 2017	APPU	Terry Turnbull Postal International Engagement Post & ACMA Department of Communications and the Arts Telephone: 0 26271 1230 Terry.turnbull@communications.gov.au	The 12^th APPU Congress will be held in Tehran from 3-7 July 2017. The Congress may consider technical amendments to the APPU’s Constitution and General Regulations. If amended, Australia will deposit an instrument of ratification following completion of domestic treaty-making requirements.

Title	International Organisation or Depositary	Contact	Past, current and prospective activity
ENVIRONMENT AND RESOURCES: HAZARDOUS MATERIALS
Minamata Convention on Mercury (Minamata, 10 October 2013) [2013] ATNIF 25	United Nations Environment Programme	Ms Kath Fife Chemicals Management and Standards Environment Standards Division Department of the Environment Telephone: 02 6275 9304 Facsimile: 02 6274 1164 Email: kath.fife@environment.gov.au	Since 2003, successive meetings of the Governing Council of the United Nations Environment Programme (UNEP) discussed the need for enhanced international action on mercury, and whether this action should be voluntary or binding in nature. At its 25^th meeting in February 2009, the Governing Council decided to launch an intergovernmental negotiating committee (INC) with the mandate to prepare a global legally binding instrument (LBI) on mercury in the form of a treaty. The INC met five times (in June 2010, January 2011, November 2011, late June 2012 and January 2013) and successfully negotiated text for the treaty. A Diplomatic Conference was held in October in 2013 in Japan where the treaty was opened for signature. Australia signed the Minamata Convention on 10 October 2013. Australia’s domestic processes are now underway towards ratification of the Minamata Convention with a Final Regulation Impact Statement and a National Interest Analysis being prepared. The Minamata Convention on Mercury achieved 50 ratifications on 18 May 2017 and comes into force on 16 August 2017. The first Conference of the Parties to the Minamata Convention will be held in Geneva from 24 to 29 September 2017. The Conference will play a key role in the future of the Convention as it will consider and adopt decisions covering technical, administrative as well as operational and financial matters.
Amendments to the Stockholm Convention on Persistent Organic Pollutants [2004] ATS 23	United Nations Environment Programme	Ms Kath Fife Chemicals Management and Standards Environment Standards Division Department of the Environment Telephone: 02 6275 9304 Facsimile: 02 6274 1164 Email: kath.fife@environment.gov.au	On 9 May 2009, the Conference of Parties adopted amendments to add nine new chemicals to Annexes A, B and C. In April 2011, the Conference of Parties added endosulfan to Annex A. The Conference of the Parties added hexabromocyclododecane (HBCD) to Annex A in May 2013, and three further chemicals were listed in May 2015 (polychlorinated naphthalenes, hexachlorobutadiene (HCBD) and pentachlorophenol). In April/May 2017, decabromodiphenyl ether and short chain chlorinated paraffins were listed in Annex A and HCBD in Annex C. Australia has supported listing of all chemicals added to the Convention since 2009 in line with agreed Australia negotiating positions on listings, formulated following extensive consultation with all levels of government. This included consultation with State and Territory representatives through the Stockholm Intergovernmental Forum and industry and other non-government organisations consultation through the Stockholm Reference Group, which also included all levels of government. In preparation for the listing of chemicals in 2009, preliminary RISs and a minor treaty action were also undertaken. As Australia lodged a Declaration under Article 25 when it ratified the Convention, the amendments will only enter into force for Australia upon deposit of an Instrument of Ratification. Australia’s decision to ratify chemical listings involves a domestic treaty making process (including a RIS and NIA) which is currently being undertaken in a stepped approach for the listings since 2009.
Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer to include HFCs.	United Nations Environment Programme	Mr Patrick McInerney Ozone and Synthetic Greenhouse Gas Policy Section Department of the Environment Tel: 02 6274 1035 Fax: 02 6274 1610 Email: Patrick.mcinerney@environment.gov.au	The Kigali Amendment to the Montreal Protocol was agreed on 15 October 2016. It will phase-down the production and imports of hydrofluorocarbons (HFCs) by 85% for developed countries and 80% for most developing countries. HFCs are not ozone-depleting, but are synthetic greenhouse gases often with very high Global Warming Potentials used to replace ozone depleting substances. HFC emissions are still controlled by the UN Framework Convention on Climate Change. Relevant Australian industry sectors are supportive of the proposals. State and Territory Governments were consulted on 9 February 2017 on the intention to ratify the Kigali Amendment. The treaty and National Interest Analysis were tabled in Federal Parliament in June 2017 for JSCOT consideration.
Amendments to Annex III of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade [2015] ATNIF 39	UNEP/FAO	Ms Kath Fife Chemicals Management and Standards Environment Standards Division Department of the Environment Telephone: 02 6275 9304 Facsimile: 02 6274 1164 Email: kath.fife@environment.gov.au	At its seventh meeting, 4-15 May 2015, the Conference of the Parties to the Convention (COP7) agreed by consensus to list methamidophos in Annex III. The amendment entered into force generally on 15 September 2015. Australia advised the Secretariat in February 2016 that it is considering whether it will consent to the import of methamidophos and any related conditions. As part of a minor treaty action to ratify the amendment, in May 2016 JSCOT provided a recommendation that binding treaty action be taken by Australia. The Department of Agriculture and Water Resources await amendments to relevant legislation, likely in June 2017. At COP8, in 24 April – 5 May 2017, the Annex III listings of trichlorfon, carbofuran, short chain chlorinated paraffins and tributyltin compounds had consensus agreement. The amendments will enter into force generally on 15 September 2017. The Department, in cooperation with the Department of Agriculture and Water Resources, will transmit to the Secretariat an interim import response for new chemicals listings, as required by the Convention (no later than nine months after the date of dispatch of the decision guidance documents for each chemical). The Department will also undertake a minor treaty action process to ratify the four amendments. Amendments to relevant legislation will be required by the Department of Agriculture and Water Resources and Department of Immigration and Border Protection and the National Industrial Chemicals Notification and Assessment Scheme (NICNAS). The minor treaty action process will require consultation with a wide range of Australian Government Departments and State and Territories agencies. At COP8, the efficiency and effectiveness of the Convention was considered. Amending the decision making process of the Convention was one proposal considered and was met with highly polarised views. This and other proposals will now be considered in an intersessional process before COP9 in 2019. Australia led the intersessional process on the efficiency and effectiveness of the Convention in 2016 and will consider its level of involvement in the future process.
ENVIRONMENT AND RESOURCES: BIODIVERSITY
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (Nagoya, 29 October 2010) [2012] ATNIF 3	Convention on Biological Diversity (CBD)	Ms Sarah Douglass Assistant Director Biodiversity Conservation Division Australian National Focal Point for Access and Benefit Sharing Department of the Environment and Energy Telephone: 6274 2869 Email: sarah.douglass@environment.gov.au Ms Melissa Cotterill Assistant Director Biodiversity Conservation Division Australian National Focal Point for Access and Benefit Sharing Department of the Environment Telephone: 6274 2010	The Nagoya Protocol is a supplementary agreement to the Convention on Biological Diversity. It provides a framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilisation of genetic resources. Australia signed the Protocol on 20 January 2012 and was the 76th nation to do so. At June 2017 there have been 100 ratifications of the Protocol. Australia is working with Australian Government agencies and sub-national jurisdictions to determine the appropriate steps for ratification of the Nagoya Protocol. The Protocol entered into force generally on 12 October 2014, being 90 days after the 50th ratification.
Amendment to Appendices I and II to the Convention on International Trade in Endangered Species of Wild Flora and Fauna [CITES] [1976] ATS 29	UNEP	Ilse Kiessling Director Wildlife Trade Regulation CITES Management Authority of Australia Department of Environment Tel: Email: ilse.kiessling@environment.gov.au	Australia participated in the 17^th Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Flora and Fauna [CITES] held in Johannesburg from 24 September to 4 October 2016. The Conference of the Parties adopted Amendments to Appendices I and II to the Convention. The treaty action was tabled 15 February 2017 and it is expected that JSCOT will table its report by 8 August 2017.
Amendment to Appendices I and II of the Convention on the Conservation of Migratory Species of Wild Animals (CMS)	UNEP	Narelle Montgomery Assistant Director Migratory Species Department of the Environment and Energy Tel: 6274 2818 Email: narelle.montgomery@environment.gov.au	The 12^th Conference of Parties to the CMS will be held in the Philippines from 23-28 October 2017. There are currently 35 species proposed for inclusion in the Appendices, for which Australia is a range state for 5. The CMS contains a 90 day automatic entry into force for Appendix amendments, meaning that any successful listings will enter into force on 26 January 2018.
MARITIME AND LAW OF THE SEA: MARINE POLLUTION
Amendment to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Protocol)	London Protocol (of which the International Maritime Organization hosts the permanent Secretariat)	Ms Charmayne Murray Queensland and Sea Dumping Section Department of the Environment and Energy T: 02 6274 2487 E: Charmayne.murray@environment.gov.au	An amendment to the London Protocol was adopted on 30 October 2009 to allow the export of carbon dioxide streams for disposal in sub-seabed geological formations. An amendment to the London Protocol to regulate ocean fertilisation and other marine geoengineering activities was adopted by the Contracting Parties to the London Protocol on 18 October 2013. Ratification of these amendments by Australia is under consideration.
INTERNATIONAL COOPERATION: CULTURAL COOPERATION
UNESCO Convention on the Protection of the Underwater Cultural Heritage, done at Paris on 2 November 2001 Entered into force (generally) on 2 January 2009	UNESCO	Andrew Viduka Historic Heritage Section Wildlife, Heritage and Marine Division Department of the Environment Telephone: 02 6274 2116 Fax: 02 6274 2092 Email: andrew.viduka@environment.gov.au	In November 2009 the Environment Protection and Heritage Council agreed to support Australia pursuing ratification. In November 2010 the Australian states, Northern Territory and the Commonwealth signed the Australian Underwater Cultural Heritage Intergovernmental Agreement, which included the agreement of governments to review existing underwater heritage regimes for compatibility with the Convention. Legislative change to the Historic Shipwrecks Act 1976 is needed to enable ratification of the Convention. In December 2015 the Minister released the Australian Heritage Strategy which includes as proposed actions amendment of the Historic Shipwrecks Act and consideration of ratification of the Convention. In November 2016 the Minister announced his intent to repeal the Historic Shipwrecks Act 1976 and associated 1978 regulations and introduce an Underwater Cultural Heritage Bill and new regulations which will enable ratification of the Convention by 1 October 2018. The Minister sought deferral of sunsetting Historic Shipwrecks Regulations and was issued a Legislation (Deferral of Sunsetting – Historic Shipwrecks Regulations) Certificate 2017 by the Attorney General. The Department communicated to State and Northern Territory senior heritage officials on 10 May the status of drafting and consideration of ratification. Officials agreed on a formal communication process following the Bill’s introduction to Parliament.
INTERNATIONAL COOPERATION: ENERGY
Framework Agreement establishing the International Solar Alliance (ISA)	International Solar Alliance, headquarters based in India	Ms Helen Hawke Energy International Team Energy Security Office Department of the Environment and Energy Tel: 02 6275 9820 helen.hawke@environment.gov.au	Prime Minister Turnbull announced Australia will join the ISA in March 2017, during his visit to India. Australia is undergoing its domestic treaty-making processes to ratify the treaty.

Title	International Organisation or Depositary	Contact	Past, current and prospective activity
CRIMINAL MATTERS: TERRORISM
Optional Protocol to the Convention on the Safety of UN and Associated Personnel (New York, 8 December 2005) [2006] ATNIF 21	United Nations (UN)	Ms Marie-Charlotte McKenna Director International Legal Section Dept. of Foreign Affairs and Trade Telephone: 02 6261 2069 Facsimile: 02 6261 2144 Email: Marie-Charlotte.McKenna@dfat.gov.au	Signed for Australia, subject to ratification, on 19 September 2006. Tabled with National Interest Analysis [2008] ATNIA 13 on 13 May 2009. JSCOT recommended in September 2009 that binding treaty action be taken (JSCOT report 105). Officials are working towards the development of legislation that will implement the obligations in the SUA Protocols and the Optional Protocol domestically.
DEFENCE & SECURITY: WEAPONS
Fissile Material Cut-Off Treaty Pre-negotiations	UN	Mr Ian McConville, Director, Nuclear Policy Section Dept. of Foreign Affairs and Trade Telephone: 02 6261 1192 Email: ian.mcconville@dfat.gov.au Mr Malcolm Coxhead Director Australian Safeguards and Non-Proliferation Office (ASNO) Dept. of Foreign Affairs and Trade Telephone: 02 6261 1913 Facsimile: 02 6261 1908 Email: malcolm.coxhead@dfat.gov.au	Negotiations have not yet commenced. Commencement of negotiations is a high priority for Australia. The objective of this Treaty would be to prohibit future production of “fissile material”, ie isotopes of uranium and plutonium capable of producing a self-sustaining chain reaction to produce a violent explosion.
ENVIRONMENT & RESOURCES: CLIMATE CHANGE
Paris Agreement on Climate Change [2016] ATS 24	United Nations	Mr Peter Horne Assistant Director Mitigation and Negotiation Groups Section Sustainability and Climate Change Branch Investment and Economic Division Department of Foreign Affairs and Trade Tel: (02) 6178 5186 Email: Peter.Horne@dfat.gov.au	Negotiations were concluded in Paris in December 2015, with the new agreement to come into effect from 2020. Negotiations on the new agreement took place in a working group under the UNFCCC called the Durban Platform for Enhanced Action. The draft text has been finalised Australia advocated for the agreement to establish a common platform for all countries to take serious coordinated global climate action that is economically and fiscally responsible. Australia expects all major economies and Australia’s key trading partners and competitors to play their part. Australia signed the Agreement on 22 April 2016 when it was formally opened for signature at a high-level ceremony at UN Headquarters in New York City On 5 October 2016, the threshold conditions for entry into force were met (55 Parties representing at least 55 per cent of global emissions). The Agreement will now enter into force generally on 4 November 2016. The Treaty was tabled in Parliament on 31 August 2016. JSCOT Report (163) was tabled 7 November 2016 and recommended that binding treaty action be taken. Australia’s instrument of ratification was deposited with the UN on 9 November 2016 and the Treaty entered into force on 10 December 2016.
2012 Amendments to the Kyoto Protocol [2008] ATS 2 Second Commitment Period (CP2) [2016] ATNIF 24	United Nations	Mr Peter Horne Assistant Director Mitigation and Negotiation Groups Section Sustainability and Climate Change Branch Multilateral Policy Division Department of Foreign Affairs and Trade Tel: (02) 6178 5186 Email: Peter.Horne@dfat.gov.au	The Kyoto Protocol was ratified by Australia in 2007. The Protocol established binding emission reductions commitments for Australia and a number of other developed countries which expired on 31 December 2012. Entry into force of the amendments will occur when three quarters of Parties to the Kyoto Protocol (144 of 192) ratify them. As at 6 April 2016, 61 Parties had ratified the amendments. The amendment was tabled in Parliament on 31 August 2016. The JSCOT Report (163) was tabled 7 November 2016 and recommended that binding treaty action be taken. The Treaty will enter into force when the above ratification requirements have been satisfied.
INTERNATIONAL ORGANISATIONS & AGENCIES
Agreement on the Privileges and Immunities of the International Criminal Court (ICC) (New York, 9 September 2002)	ICC	Ms Marie-Charlotte McKenna Director International Legal Section Dept. of Foreign Affairs and Trade Telephone: 02 6261 2069 Facsimile: 02 6261 2144 Email: Marie-Charlotte.McKenna@dfat.gov.au	Accession by Australia is under consideration. The text of the Agreement can be found at: http://www.un.org/law/icc/asp/1stsession/report/english/part_ii_e_e.pdf
Amendments to the Rome Statute of the International Criminal Court (ICC) [2002] ATS 15 to include the crime of aggression and certain additional war crimes	ICC	Ms Marie-Charlotte McKenna Director International Legal Section Dept. of Foreign Affairs and Trade Telephone: 02 6261 2069 Facsimile: 02 6261 2144 Email: Marie-Charlotte.McKenna@dfat.gov.au Ms Susan Robertson Assistant Secretary Office of International Law Telephone: 02 6141 7898 Email: sue.robertson@ag.gov.au	Australia is considering ratification of amendments to the Rome Statute of the ICC in relation to the crime of aggression and war crimes (use in non-international armed conflict of three categories of prohibited weapons that is already a crime in respect of international armed conflict).
Amendment to Article XIV.A of the Statute of the International Atomic Energy Agency - Under consideration. (Vienna, 1 October 1999) [2012] ATNIF 29	IAEA	Mr Ian McConville, Director, Nuclear Policy Section Dept. of Foreign Affairs and Trade Telephone: 02 6261 1192 Email: ian.mcconville@dfat.gov.au	The amendment would allow the IAEA Board of Governors (BoG) to present a full program and budget document for approval every two years. At present, the Statute of the IAEA mandates that the IAEA BoG must submit budget estimates to the General Conference annually for approval. This would not affect the level of Australia’s contribution to the IAEA. JSCOT report 132 recommended that Australia accept the amendment. The amendment will enter into force when it is accepted by two-thirds of IAEA member states (105 countries). As at July 2016, 57 Member States have accepted the amendment.
WAR AND PEACE: RULES OF WAR
Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict (The Hague, 14 May 1954)	UN Educational, Social and Cultural Organization (UNESCO)	Ms Marie-Charlotte McKenna Director International Legal Section Dept. of Foreign Affairs and Trade Telephone: 02 6261 2069 Facsimile: 02 6261 2144 Email: Marie-Charlotte.McKenna@dfat.gov.au	The Protocol, which entered into force generally on 7 August 1956, seeks to prevent the exportation of cultural property during armed conflict and provide for restitution of objects illegally exported. Accession by Australia is under consideration.
Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict (The Hague, 26 March 1999)	UNESCO	Ms Marie-Charlotte McKenna Director International Legal Section Dept. of Foreign Affairs and Trade Telephone: 02 6261 2069 Facsimile: 02 6261 2144 Email: Marie-Charlotte.McKenna@dfat.gov.au	The Second Protocol, which entered into force generally on 9 March 2004, seeks to improve the protection of cultural property in the event of armed conflict and establish an enhanced system of protection for specifically designated cultural property. Accession by Australia is under consideration.

Title	International Organisation or Depositary	Contact	Past, current and prospective activity
HEALTH & SOCIAL SERVICES: HEALTH
Protocol to Eliminate Illicit Trade in Tobacco Products, adopted during the fifth session of the Conference of the Parties to the WHO Framework Convention on Tobacco Control on 12 November 2012.	World Health Organization (WHO)	Ms Jackie Davis Tobacco Control Branch Population Health and Sport Division Department of Health Phone: (02) 6289 8771 Fax: (02) 6289 7837 Email: jackie.davis@health.gov.au	Australia participated in sessions of the Intergovernmental Negotiating Body (INB) on a Protocol to Eliminate Illicit Trade in Tobacco Products, a subsidiary body of the Conference of the Parties (COP) to the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC). The Protocol was adopted by the COP on 12 November 2012, and was open for signature until 9 January 2014. Fifty four countries have signed the Protocol. Australia did not sign the Protocol. The Protocol will enter into force on the ninetieth day after deposit of the fortieth instrument of ratification, acceptance, approval, formal confirmation or accession. As at 6 October2016, there are 23 Parties to the Protocol. Although the Protocol is no longer open for signature, countries are still able to accede to the Protocol. Australia has commenced work on the domestic processes, including a regulation impact statement (RIS), which precedes a decision on whether to accede to the Protocol.
2017 Expected Amendment to Annex I of the International Convention against Doping in Sport	UNESCO	Glenn Barry Director Anti-Doping Team National Integrity of Sport Unit Department of Health Tel: 61 2 6289 5302 Email: glenn.barry@health.gov.au	The International Convention against Doping in Sport applies the force of international law to address doping in sport. Annex I of the Convention replicates the list established under the World AntiDoping Code of substances and methods which are prohibited from sport (the Prohibited List). The Prohibited List is reviewed and updated annually. The Convention already specifies a process by which Annex 1 is updated to incorporate the annual changes to the Prohibited List. The processes for reviewing the Prohibited List are currently underway with the Executive Committee of the World Anti-Doping Agency to decide on the final version on 24 September 2017. State Parties to the Convention are notified of these changes by the Director General and this is the trigger for commencing the process to adopt the amendments to Annex 1 of the Convention. As part of this process, the changes are referred to JSCOT as a minor treaty action. It is also noted the sixth session to the Conference of Parties will be held in Paris on 25-26 September 2017.

Title

International Organisation or Depositary

Contact

Past, current and prospective activity

HEALTH & SOCIAL SERVICES: HEALTH

Protocol to Eliminate Illicit Trade in Tobacco Products, adopted during the fifth session of the Conference of the Parties to the WHO Framework Convention on Tobacco Control on 12 November 2012.

World Health Organization (WHO)

Ms Jackie Davis
Tobacco Control Branch

Population Health and Sport Division
Department of Health
Phone: (02) 6289 8771
Fax: (02) 6289 7837
Email: jackie.davis@health.gov.au

Australia participated in sessions of the Intergovernmental Negotiating Body (INB) on a Protocol to Eliminate Illicit Trade in Tobacco Products, a subsidiary body of the Conference of the Parties (COP) to the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC).

The Protocol was adopted by the COP on 12 November 2012, and was open for signature until 9 January 2014. Fifty four countries have signed the Protocol. Australia did not sign the Protocol. The Protocol will enter into force on the ninetieth day after deposit of the fortieth instrument of ratification, acceptance, approval, formal confirmation or accession. As at 6 October2016, there are 23 Parties to the Protocol.

Although the Protocol is no longer open for signature, countries are still able to accede to the Protocol. Australia has commenced work on the domestic processes, including a regulation impact statement (RIS), which precedes a decision on whether to accede to the Protocol.

2017 Expected Amendment to Annex I of the International Convention against Doping in Sport

UNESCO

Glenn Barry
Director
Anti-Doping Team
National Integrity of Sport Unit
Department of Health
Tel: 61 2 6289 5302
Email: glenn.barry@health.gov.au

The International Convention against Doping in Sport applies the force of international law to address doping in sport. Annex I of the Convention replicates the list established under the World AntiDoping Code of substances and methods which are prohibited from sport (the Prohibited List). The Prohibited List is reviewed and updated annually. The Convention already specifies a process by which Annex 1 is updated to incorporate the annual changes to the Prohibited List.

The processes for reviewing the Prohibited List are currently underway with the Executive Committee of the World Anti-Doping Agency to decide on the final version on 24 September 2017. State Parties to the Convention are notified of these changes by the Director General and this is the trigger for commencing the process to adopt the amendments to Annex 1 of the Convention.

As part of this process, the changes are referred to JSCOT as a minor treaty action.

It is also noted the sixth session to the Conference of Parties will be held in Paris on 25-26 September 2017.

Title	International Organisation or Depositary	Contact	Past, current and prospective activity
MARITIME AND LAW OF THE SEA
Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STWC) and the Amendments to the International Convention for the Safety of Life at Sea (SOLAS)	International Maritime Organization (IMO)	Katrina Kendall Director Maritime Safety and Environment Section Maritime and Shipping Branch Surface Transport Policy Division Dept. of Infrastructure and Regional Development Telephone: 02 6274 6643 Email: Katrina.Kendall@infrastructure.gov.au	In June 2015 the Maritime Safety Committee (MSC) met for its 95th session. Included on the agenda were proposed amendments to SOLAS in relation to the International Code of Safety for Ships using Gases or Low-flashpoint fuels (IGF Code), proposed amendments to chapter V of the STCW and STCW Code to provide minimum training requirements for personnel on IGF Code applicable vessels. The Amendments were tabled in Parliament on 2 February 2016 and considered by JSCOT on 29 February 2016. JSCOT recommended binding treaty action in its Report 161 tabled on 4 May 2016. The Amendments entered into force on 1 January 2017.
November 2014 and May 2015 Amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL) and to the Convention for Safety of Life at Sea MSC 385(94), 386(94), MEPC 264-266(68)	International Maritime Organization (IMO)	Katrina Kendall Director Maritime Safety and Environment Section Maritime and Shipping Branch Surface Transport Policy Division Dept. of Infrastructure and Regional Development Telephone: 02 6274 6643 Email: Katrina.Kendall@infrastructure.gov.au	The Polar Code, which sets out safety and environmental standards for ships operating in Polar waters, has been adopted at the International Maritime Organization (IMO) Amendments to the Convention for Safety of Life at Sea (SOLAS) to make the Polar Code mandatory were adopted at the 94th session of IMO’s Maritime Safety Committee in November 2014. Amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL) to make the Polar Code mandatory were adopted at the 68th session of the IMO’s Marine Environment Protection Committee in May 2015. The Amendments were tabled in Parliament on 3 December 2015 and 2 February 2016, and considered by JSCOT on 29 February 2016. JSCOT recommended binding treaty action in its Report 161 tabled on 4 May 2016. The Amendments entered into force on 1 January 2017.
4-8 April 2016 Amendments to the Annex of the Convention on Facilitation of International Maritime Traffic (FAL), adopted through the FAL Committee at its 40^th session.	International Maritime Organization (IMO)	Katrina Kendall Director Maritime Safety and Environment Section Maritime and Shipping Branch Surface Transport Policy Division Dept. of Infrastructure and Regional Development Telephone: 02 6274 6643 Email: Katrina.Kendall@infrastructure.gov.au	The purpose of the FAL Convention is to facilitate maritime transport issues associated with the arrival, stay and departure of ships engaged on international voyages. In its Annex, the FAL Convention contains "Standards" and "Recommended Practices" on formalities, documentary requirements and procedures which should be applied on arrival, stay and departure to the ship itself, and to its crew, passengers, baggage and cargo. Substantial amendments to the Annex of the FAL Convention were adopted at FAL 40. The focus of the changes has been to require electronic exchange of information, with a view to establishing a single window approach for FAL Convention information in the longer term. Other amendments simplify processes for the provision of information, ensure non-discriminatory measures are adopted in relation to shore leave, provide for better handling of cargo discharged at the wrong port and clarify responsibilities in relation to stowaways. These changes will come into force on 1 January 2018 and are subject to the domestic treaty process. Consultation with other government agencies is underway. Early indications are that Australia is already complying with some of the changes to the Annex of the FAL Convention. Work is underway to identify areas of non-compliance, where a notification of difference will be required.
18-22 April 2016 Marine Environment Protection Committee (MEPC) – 69^th session	International Maritime Organization (IMO)	Katrina Kendall Director Maritime Safety and Environment Section Maritime and Shipping Branch Surface Transport Policy Division Dept. of Infrastructure and Regional Development Telephone: 02 6274 6643 Email: Katrina.Kendall@infrastructure.gov.au	MEPC considers any matter within the scope of the IMO directly affecting marine environment protection. MEPC administers the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 and the Protocol of 1997 (MARPOL), which is one of the key international instruments addressing marine pollution from ships. MEPC 69 considered adoption of a number of technical amendments to MARPOL, including: the format of garbage record books; discharge of sewage requirements in the Baltic Sea Special Area; and how international ships should record compliance with emissions control area requirements. In its Report 167 of 13 December 2016, JSCOT agreed that binding treaty action be taken in regard to these amendments. The amendments will enter into force on 1 September 2017.
11-20 May 2016 Maritime Safety Committee (MSC) – 96^th session.	International Maritime Organization (IMO)	Katrina Kendall – as above	In May 2016, the MSC met for its 96^th session. MSC 96 considered SOLAS amendments regarding ship construction requirements for fire protection, detection and extinction and life-saving appliances and arrangements. This resolution is expected to enter into force on 1 January 2020 and is subject to the domestic treaty making process.
24 – 28 October 2016 - Marine Environment Protection Committee (MEPC) – 70^th session	International Maritime Organization (IMO)	Katrina Kendall – as above	MEPC considers any matter within the scope of the IMO directly affecting marine environment protection. MEPC administers the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 and the Protocol of 1997 (MARPOL), which is one of the key international instruments addressing marine pollution from ships. MEPC adopted amendments to MARPOL, including: - a requirement to classify and declare cargo residues as harmful to the marine environment, which will assist Australian industry correctly manage cargo residues; - an amendment to Form B of the Supplement to the International Oil Pollution Prevention Certificate to make completion consistent and easier for industry; and - a data collection system for fuel consumption of ships to provide a better understanding of efficiency of international shipping for policy makers. The Amendments are expected to enter into force on 1 March 2018 and are subject to the domestic treaty making process.
21 – 25 November 2016 - Maritime Safety Committee (MSC) – 97^th session.	International Maritime Organization (IMO)	Katrina Kendall – as above	MSC 97 adopted a range of technical amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and the International Convention for the Safety of Life at Sea (SOLAS). The amendments would make technical amendments to SOLAS in relation to fire safety systems and the construction and equipment of ships carrying liquefied gases in bulk. Amendments would also be made to STCW to revise training requirements for masters and deck officers on board ships operating in polar waters; and masters, officers, ratings and other personnel serving on board passenger ships engaged on international voyages. These Amendments are variously expected to enter into force on 1 July 2018 and 1 January 2020 and are subject to the domestic treaty making process.
TRANSPORT: ROAD VEHICLES
Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions, Done at Geneva on 20 March 1958, as amended with effect from 10 November 1967 (Revision 1) and 16 October 1995 (Revision 2) (‘the 1958 Agreement’)	World Forum for Harmonization of Vehicle Regulations (WP.29) under the auspices of the United Nations Economic Commission for Europe (UNECE)	Thomas Belcher A/g Director Standards Development and International Section Vehicle Safety Standards Branch Surface Transport Policy Division Department of Infrastructure and Regional Development Telephone: 02 6274 7503 Email: Thomas.Belcher@infrastructure.gov.au	Revision 3 was tabled in Parliament on 7 February 2017 and JSCOT’s Report was tabled 9 May 2017. The amendments to the UN Regulations will be deemed accepted on 14 June 2017 and will enter into force on 14 September 2017.

Title	International Organisation or Depositary	Contact	Past, current and prospective activity
LABOUR
Protocol of 2014 to the Forced Labour Convention, 1930	ILO	Caroline Hughes A/g Director, International Labour Strategy Participation and International Branch Department of Employment Phone (02) 6121 7004 Email: caroline.hughes@employment.gov.au	The Protocol was adopted at the 103^rd Session of the International Labour Conference on 11 June 2014. The Protocol supplements the Forced Labour Convention, 1930 (ILO Convention 29, which Australia has already ratified). The Protocol requires countries that ratify it to take effective measures to prevent and eliminate forced labour, protect victims and ensure their access to appropriate and effective remedies. The Australian Government is considering ratification of the protocol. In April 2016 the Minister for Employment, Senator the Hon Michaelia Cash, wrote to state and territory workplace relations ministers seeking their views on ratification and requesting law and practice reports from jurisdictions. The reports received to date indicate Australia is not fully compliant with the Protocol. However, the Australian Government is currently considering measures that, if implemented, would ensure compliance and enable ratification.

Title	Treaty Partners	Contact	Past, current and prospective activity
Square Kilometre Array (SKA) Convention	China, India, Italy, New Zealand, South Africa, Sweden, The Netherlands and the United Kingdom	David Luchetti Australian SKA Director Australian SKA Office Department of Industry and Science Email: david.luchetti@industry.gov.au Telephone: (02) 6213 6068	Australia has been involved in drafting the SKA Convention in collaboration with international project partners. A formal process to negotiate the SKA Convention commenced in October 2015. The Convention negotiation Presidency is held by Italy. The treaty ratification process is expected to commence in late 2017, with implementation in mid to late-2018.

Title	International Organisation or Depositary	Contact	Past, current and prospective activity
The Regional Cooperative Agreement for Research, Development and Training Related to Nuclear Science and Technology for Asia and the Pacific (RCA) 1987	International Atomic Energy Agency (IAEA)	Steve McIntosh, Senior Manager, Government and International Affairs, ANSTO	The Regional Cooperative Agreement (RCA) is an intergovernmental agreement for the East Asia & Pacific region, under the auspices of the IAEA, in which the Government Parties undertake, in cooperation with each other and with the IAEA to promote and coordinate cooperative research, development and training projects in nuclear science and technology through their appropriate national institutions. The 1987 RCA Agreement has historically had a five year extension clause. The current (Fifth) extension will expire on 11 June 2017. In negotiating to extend the agreement, the Government Parties to the RCA have proposed to make the Agreement on-going. The treaty action was tabled in Parliament on 8 February 2017 and JSCOT tabled its Report on 9 May 2017. The instrument was deposited at the IAEA in Vienna in 11 June 2017.
Generation IV International Forum (GIF) Framework Agreement and Extension Agreement	OECD	Steve McIntosh As above	Australia joined the Generation IV International Forum (GIF) when it signed the GIF Charter on 22 June 2016. Australia is now in the process of acceding to the GIF Framework Agreement and Extension Agreement. The treaty was tabled in the Parliament on 27 March 2017. It is anticipated that JSCOT will table its report by 16 August 2017.

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	List of Multilateral Treaty Actions Under Negotiation or Consideration

Title	International Organisation or Depositary	Contact	Past, current and prospective activity
EDUCATION
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