Legal Alert | Mozambique ratifies the high seas treaty

On 11 August 2026, the Council of Ministers approved Resolution No. 66/2026, ratifying the accession of the Republic of Mozambique to the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (High Seas Treaty / BBNJ Agreement).

The Agreement complements the United Nations Convention on the Law of the Sea (UNCLOS) and the Law of the Sea (Law No. 20/2019, of 8^th November), reinforcing Mozambique’s commitment to the protection of the oceans and the sustainable use of marine resources, without altering rights already established over the national maritime space (territorial sea, EEZ and continental shelf).

Main points for operators

1. Marine genetic resources and benefit‑sharing

The Treaty creates a specific regime for marine genetic resources (MGR) on the high seas and digital sequence information (DSI), with:

• A prohibition on any claim of sovereignty over MGR in areas beyond national jurisdiction.
• An obligation to ensure fair and equitable sharing of benefits, both monetary and non‑monetary (access to samples, FAIR scientific data, technology transfer, capacity‑building).
• A duty to notify activities and to deposit samples/DSI in publicly accessible repositories and databases, through a Clearing‑House Mechanism and “BBNJ” identifiers

1.1 Practical impact

Universities, research centres and marine biotechnology companies may benefit from more data, cooperation and funding, but will have to comply with notification and data‑governance obligations.

Operators of research vessels and entities involved in scientific campaigns will need to incorporate these requirements into their programmes and contracts.

2. Marine protected areas on the high seas and environmental impact assessment

The Agreement provides for:

• The creation of area‑based management tools, including networks of marine protected areas on the high seas, with objectives of conservation, climate resilience and food security;
• Strengthened rules on environmental impact assessment (EIA) for activities on the high seas and for activities in waters under national jurisdiction that may cause significant pollution or harmful changes in areas beyond national jurisdiction;
• Requirements for transparency, consultation and consideration of cumulative impacts and impacts on areas under national jurisdiction.

2.1 Practical impact

Large‑scale projects (infrastructure, intensive research, activities with potential cross‑border impact) may be subject to enhanced EIA and additional consultation processes.

Maritime and environmental operators should align their compliance policies with this new international framework, in coordination with the Law of the Sea and national environmental and marine pollution legislation.

3. Opportunities for Mozambique and for our clients

The Treaty explicitly recognises the special needs of developing States and African coastal States, and provides for:

• Capacity‑building programmes and transfer of marine technology (training, scholarships, partnerships, centres of excellence).
• Mechanisms for monetary benefits associated with the commercial use of MGR and DSI, through a dedicated financial fund.

For our clients, this translates into new opportunities to participate in research and innovation projects on the high seas, potential access to funding and technology in areas such as marine biotechnology, conservation and environmental monitoring, and greater regulatory predictability in the use of marine genetic resources, within a multilateral framework that reduces uncertainty and facilitates investment planning.

We recommend mapping activities linked to the high seas and MGR/DSI (research, biotechnology, oceanographic campaigns, infrastructure), reviewing contracts and internal compliance policies to include obligations on notification, deposit of samples/DSI, benefit‑sharing and EIA, and monitoring domestic legislative developments, in particular any amendments to the Law of the Sea and environmental regulation.