Qualifications of applicants
۱. Applicants, other than the Enterprise, shall be qualified if they have the nationality or control and sponsorship required by article ۱۵۳, paragraph ۲(b), and if they follow the procedures and meet the qualification standards set forth in the rules, regulations and procedures of the Authority.
۲. Except as provided in paragraph ۶, such qualification standards shall relate to the financial and technical capabilities of the applicant and his performance under any previous contracts with the Authority.
۳. Each applicant shall be sponsored by the State Party of which it is a national unless the applicant has more than one nationality, as in the case of a partnership or consortium of entities from several States, in which event all States Parties involved shall sponsor the application, or unless the
applicant is effectively controlled by another State Party or its nationals, in which event both States Parties shall sponsor the application. The criteria and procedures for implementation of the sponsorship requirements shall be set forth in the rules, regulations and procedures of the Authority.
۴. The sponsoring State or States shall, pursuant to article ۱۳۹, have the responsibility to ensure, within their legal systems, that a contractor so sponsored shall carry out activities in the Area in conformity with the terms of its contract and its obligations under this Convention. A sponsoring State shall not, however, be liable for damage caused by any failure of a contractor sponsored by it to comply with its obligations if that State Party has adopted laws and regulations and taken administrative measures which are, within the framework of its legal system, reasonably appropriate for securing compliance by persons under its jurisdiction.
۵. The procedures for assessing the qualifications of States Parties which are applicants shall take into account their character as States.
۶. The qualification standards shall require that every applicant, without exception, shall as part of his application undertake:
(a) to accept as enforceable and comply with the applicable obligations created by the provisions of Part XI, the rules, regulations and procedures of the Authority, the decisions of the organs of the Authority and terms of his contracts with the Authority;
(b) to accept control by the Authority of activities in the Area, as authorized by this Convention;
(c) to provide the Authority with a written assurance that his obligations under the contract will be fulfilled in good faith;
(d) to comply with the provisions on the transfer of technology set forth in article ۵ of this Annex.