Executive Summary
The U.S. is advancing seabed mining in areas beyond national jurisdiction (ABNJ) through DSHMRA and a recent Executive Order, despite not being a party to UNCLOS or the International Seabed Authority (ISA). This approach creates potential geopolitical disagreements with the ISA and other nations, as U.S. licenses may overlap with ISA-designated areas. Congress is actively considering legislation to either support or prohibit these activities, highlighting the strategic importance of critical minerals.
Why It Matters
This document is crucial for defense analysts as it outlines the U.S. strategy to secure critical minerals through seabed mining, a move with significant geopolitical implications and potential for international disputes.
Key Takeaways
- The U.S. is not a party to UNCLOS or the ISA, limiting its formal participation in international seabed mining governance.
Source evidence · PDF page 1
The United States is not a party to UNCLOS or the 1994 Agreement. UNCLOS also established the International Seabed Authority (ISA), an autonomous organization that regulates parties to UNCLOS conducting mineral-related activities in ABNJ. The ISA came into existence with the adoption of the 1994 Agreement and became fully operational in 1996. The United States participates as an observer state in the ISA but, as a nonparty, has no vote in ISA business and cannot apply for or obtain a contract for seabed mining exploration or exploitation through the ISA.
- Presidential Executive Order 14285 and subsequent NOAA actions are expediting U.S. seabed mining license applications to secure critical minerals.
Source evidence · PDF page 2
EO 14285 directed NOAA, in consultation with the Departments of State and the Interior, to expedite the process for reviewing and issuing exploration licenses and commercial recovery permits under DSHMRA, among other actions. On January 21, 2026, NOAA issued a final rule that revised its seabed mining regulations to include a consolidated application process “in which applicants could meet both exploration license ... and permit requirements simultaneously” (91 FR 2642).
- U.S. unilateral seabed mining efforts risk geopolitical disagreements with the ISA and UNCLOS parties, potentially destabilizing global ocean governance.
Source evidence · PDF page 2
While some applications made public by NOAA overlap with ISA-designated areas, TMC, AMR, and SeaX each stated in their applications they do not anticipate any conflicts. In contrast, the ISA stated that “any unilateral action ... sets a dangerous precedent that could destabilize the entire system of global ocean governance.” U.S. accession to UNCLOS might reduce the potential for geopolitical disagreements, at the cost of replacing U.S. government decisionmaking with that of an international body.
Strategic Relevance
The U.S. pursuit of seabed mining in ABNJ is strategically relevant for securing critical minerals, which are vital for defense technologies and economic stability. However, this approach challenges existing international ocean governance frameworks, potentially leading to diplomatic friction and competition over resource access.