A Return to Piracy of the Oceans: U.S. Executive Order and TMC Application to Mine the Deep Sea

MEDIA RELEASE

2nd May, 2025

The Pacific Blue Line Collective1 and partners, condemn the recent Executive Order by the United States, to accelerate deep-sea mining (DSM) activities both within U.S. waters and in areas beyond national jurisdiction (ABNJ) under the 1980 Deep Seabed Hard Mineral Resources Act (DSHMRA), a US law which predates the United Nations Convention on the Law of the Sea (UNCLOS), to which the U.S. is not a state party.

Further, the Collective condemns TMC's recent actions, in alignment with the recent Executive Order. The U.S. Executive Order “Unleashing America’s Offshore Critical Minerals and Resources” directly violates international law and challenges the International Seabed Authority (ISA), the intergovernmental regulatory body established under UNCLOS to govern the seabed in areas beyond national jurisdiction. According to a statement issued by the Secretary General of the ISA, UNCLOS serves as the legitimate multilateral framework for governing our Oceans and reflects the general principles of international Law and customary international law. It proclaims the Area and its resources as the Common Heritage of (hu)mankind. The statement adds that “no state may claim, acquire or exercise sovereign rights over any part of the Area or its mineral resources. This includes a prohibition on appropriation and alienation by any State, or natural person”.

The Collective warns that these recent moves will violate the international legal regime governing the Area and should be viewed as illegal actions by TMC and the US government.

A recent policy brief by Development Alternatives with Women for a New Era (DAWN) and Pacific Network on Globalisation (PANG), Peace Under-Sea Siege: How Critical Minerals Could Pull the Trigger to Mine the Ocean Floor stated: “The announced rogue plan of action by TMC to advance the realisation of its determination to start profiting from mining the seabed by seeking mining licenses outside of the ambit of UNCLOS and the ISA, requires the strongest condemnation by ISA member states”. The brief calls for a black-listing of TMC by the ISA.

The release of the policy brief came amid rising global and regional concern over the TMC’s announced intention to apply for mining licenses through the 1980 US law, and a day before the Executive Order to "accelerate the ‘responsible’ development of seabed mineral resources” was issued. Both China and the European Union have voiced strong opposition to the Executive Order.

“There is nothing responsible about this move - this is pure piracy of our our common heritage masquerading as lawful, and TMC’s collaboration in this is in keeping with its rogue behaviour in its hell-bent pursuit of profiting from deep sea mining” said Claire Slatter, PANG Steering Committee member.

The Metals Company’s rushed application, aligned with the U.S. Executive Order, bypasses international processes, disregards mounting global concern, and constitutes a direct affront to Pacific sovereignty, governance and a way of life. This approach prioritises corporate profiteering and geopolitical gain over climate justice, ocean health, and the right of free, prior and informed consent of Pacific Peoples.

What was once framed as a source of minerals for renewable energy has now become part of a broader race for strategic resources, increasingly justified under the guise of national security and defense, further threatening the integrity and peace of our ocean and undermining the environmental and ethical standards that should guide global governance.

We further warn that TMC’s actions may involve abandoning its Pacific Island state

sponsors including both Tonga and Nauru. International legal experts are now examining both the legal implications of TMC’s proposed use of the DSHMRA and the potential consequences for the ISA and TMC’s Pacific sponsors if the company proceeds with DSHMRA-approved mining in the NORI-D tenement within the Clarion-Clipperton Zone (CCZ), where it has already undertaken exploration and test mining activities.

"A few Pacific governments stood by TMC in good faith, believing they were supporting progress for the Pacific. Instead, they’ve been met with betrayal. It’s become painfully clear that we were seen not as partners, but as a means to an end. Stepping stones for profit,” said Pelenatita Kara, Civil Society Forum of Tonga (CSFT). “This should be a wake-up call, political support was used to legitimize actions that now harm the very communities they promised to protect."

We reject the notion of DSM as an inevitability. The Pacific is not a testing ground. Our ocean is not a commodity. What is unfolding is not just environmental degradation, it is a violation of Pacific sovereignty and ecological justice.

Given the serious legal, environmental, and geopolitical risks posed by both TMC’s and the U.S.'s actions, we stress that immediate and decisive measures are critical.

Protecting the shared ocean demands collective responsibility and a firm reaffirmation of the rule of international law.

We call on:

1. ISA member states, Nauru, and Tonga, to end their sponsorship of TMC;

2. Canada to cancel TMC’s registration;

3. ISA member states to consider blacklisting TMC;

4. The governments of Australia and Aotearoa New Zealand, as long key regional partners, to uphold their responsibility to the Pacific and support the growing calls for a moratorium on DSM;

5. Pacific leaders to stand firm in upholding the region’s legacy of ocean stewardship and principled multilateralism.

The international community, governments, and allies across the globe stand with the Pacific in resisting this corporate takeover of our ocean commons. Now is the time to listen to Indigenous leadership, uphold oceanic guardianship, and strengthen collective work towards stopping DSM before it starts.

ISA must now support a global moratorium.

We must act with urgency to halt DSM before it begins.

Together, we can safeguard the future of our Pacific, ensuring that our legacy is one of protection, not exploitation.

- ENDS

Access the Pacific Civil Society Press Release below:

Pacific CSO Press Release_ A Return to Piracy of the Oceans_ U.S. Executive Order and TMC

Download EXECUTIVE ORDER AND TMC • 556KB