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The States Parties to this Treaty (hereinafter referred to as ``the
States Parties''),
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WELCOMING the international agreements and other
positive measures of recent years in the field of nuclear
disarmament, including reductions in arsenals of nuclear
weapons, as well as in the field of the prevention of nuclear
proliferation in all its aspects,
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UNDERLINING the importance of the full and prompt
implementation of such agreements and measures,
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CONVINCED that the present international situation
provides an opportunity to take further effective measures
towards nuclear disarmament and against the proliferation of
nuclear weapons in all its aspects, and declaring their intention
to take such measures,
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STRESSING therefore the need for continued systematic and
progressive efforts to reduce nuclear weapons globally, with the
ultimate goal of eliminating those weapons, and of general and
complete disarmament under strict and effective international
control,
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RECOGNIZING that the cessation of all nuclear weapon test
explosions and all other nuclear explosions, by constraining the
development and qualitative improvement of nuclear weapons
and ending the development of advanced new types of nuclear
weapons, constitutes an effective measure of nuclear
disarmament and non-proliferation in all its aspects,
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FURTHER RECOGNIZING that an end to all such nuclear
explosions will thus constitute a meaningful step in the
realization of a systematic process to achieve nuclear
disarmament,
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CONVINCED that the most effective way to achieve an end
to nuclear testing is through the conclusion of a universal and
internationally and effectively verifiable comprehensive nuclear
test-ban treaty, which has long been one of the highest priority
objectives of the international community in the field of
disarmament and non-proliferation,
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NOTING the aspirations expressed by the Parties to the 1963
Treaty Banning Nuclear Weapon Tests in the Atmosphere, in
Outer Space and Under Water to seek to achieve the
discontinuance of all test explosions of nuclear weapons for all
time,
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NOTING ALSO the views expressed that this Treaty could
contribute to the protection of the environment,
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AFFIRMING the purpose of attracting the adherence of all
States to this Treaty and its objective to contribute effectively to
the prevention of the proliferation of nuclear weapons in all its
aspects, to the process of nuclear disarmament and therefore to
the enhancement of international peace and security,
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HAVE AGREED as follows:
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1. Each State Party undertakes not to carry out any nuclear
weapon test explosion or any other nuclear explosion, and to
prohibit and prevent any such nuclear explosion at any place
under its jurisdiction or control.
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2. Each State Party undertakes, furthermore, to refrain from
causing, encouraging, or in any way participating in the carrying
out of any nuclear weapon test explosion or any other nuclear
explosion.
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1. The States Parties hereby establish the Comprehensive
Nuclear Test-Ban Treaty Organization (hereinafter referred to as
``the Organization'') to achieve the object and purpose of this
Treaty, to ensure the implementation of its provisions, including
those for international verification of compliance with it, and to
provide a forum for consultation and cooperation among States
Parties.
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2. All States Parties shall be members of the Organization. A
State Party shall not be deprived of its membership in the
Organization.
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3. The seat of the Organization shall be Vienna, Republic of
Austria.
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4. There are hereby established as organs of the Organization:
the Conference of the States Parties, the Executive Council and
the Technical Secretariat, which shall include the International
Data Centre.
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5. Each State Party shall cooperate with the Organization in
the exercise of its functions in accordance with this Treaty. States
Parties shall consult, directly among themselves, or through the
Organization or other appropriate international procedures,
including procedures within the framework of the United
Nations and in accordance with its Charter, on any matter which
may be raised relating to the object and purpose, or the
implementation of the provisions, of this Treaty.
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6. The Organization shall conduct its verification activities
provided for under this Treaty in the least intrusive manner
possible consistent with the timely and efficient accomplishment
of their objectives. It shall request only the information and data
necessary to fulfil its responsibilities under this Treaty. It shall
take every precaution to protect the confidentiality of
information on civil and military activities and facilities coming
to its knowledge in the implementation of this Treaty and, in
particular, shall abide by the confidentiality provisions set forth
in this Treaty.
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7. Each State Party shall treat as confidential and afford special
handling to information and data that it receives in confidence
from the Organization in connection with the implementation of
this Treaty. It shall treat such information and data exclusively in
connection with its rights and obligations under this Treaty.
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8. The Organization, as an independent body, shall seek to
utilize existing expertise and facilities, as appropriate, and to
maximize cost efficiencies, through cooperative arrangements
with other international organizations such as the International
Atomic Energy Agency. Such arrangements, excluding those of
a minor and normal commercial and contractual nature, shall be
set out in agreements to be submitted to the Conference of the
States Parties for approval.
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9. The costs of the activities of the Organization shall be met
annually by the States Parties in accordance with the United
Nations scale of assessments adjusted to take into account
differences in membership between the United Nations and the
Organization.
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10. Financial contributions of States Parties to the Preparatory
Commission shall be deducted in an appropriate way from their
contributions to the regular budget.
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11. A member of the Organization which is in arrears in the
payment of its assessed contribution to the Organization shall
have no vote in the Organization if the amount of its arrears
equals or exceeds the amount of the contribution due from it for
the preceding two full years. The Conference of the States Parties
may, nevertheless, permit such a member to vote if it is satisfied
that the failure to pay is due to conditions beyond the control of
the member.
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12. The Conference of the States Parties (hereinafter referred
to as ``the Conference'') shall be composed of all States Parties.
Each State Party shall have one representative in the Conference,
who may be accompanied by alternates and advisers.
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13. The initial session of the Conference shall be convened by
the Depositary no later than 30 days after the entry into force of
this Treaty.
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14. The Conference shall meet in regular sessions, which shall
be held annually, unless it decides otherwise.
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15. A special session of the Conference shall be convened:
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(a) When decided by the Conference;
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(b) When requested by the Executive Council; or
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(c) When requested by any State Party and supported by a
majority of the States Parties.
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The special session shall be convened no later than 30 days after
the decision of the Conference, the request of the Executive
Council, or the attainment of the necessary support, unless
specified otherwise in the decision or request.
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16. The Conference may also be convened in the form of an
Amendment Conference, in accordance with Article VII.
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17. The Conference may also be convened in the form of a
Review Conference, in accordance with Article VIII.
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18. Sessions shall take place at the seat of the Organization
unless the Conference decides otherwise.
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19. The Conference shall adopt its rules of procedure. At the
beginning of each session, it shall elect its President and such
other officers as may be required. They shall hold office until a
new President and other officers are elected at the next session.
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20. A majority of the States Parties shall constitute a quorum.
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21. Each State Party shall have one vote.
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22. The Conference shall take decisions on matters of
procedure by a majority of members present and voting.
Decisions on matters of substance shall be taken as far as possible
by consensus. If consensus is not attainable when an issue comes
up for decision, the President of the Conference shall defer any
vote for 24 hours and during this period of deferment shall make
every effort to facilitate achievement of consensus, and shall
report to the Conference before the end of this period. If
consensus is not possible at the end of 24 hours, the Conference
shall take a decision by a two-thirds majority of members present
and voting unless specified otherwise in this Treaty. When the
issue arises as to whether the question is one of substance or not,
that question shall be treated as a matter of substance unless
otherwise decided by the majority required for decisions on
matters of substance.
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23. When exercising its function under paragraph 26(k), the
Conference shall take a decision to add any State to the list of
States contained in Annex 1 to this Treaty in accordance with the
procedure for decisions on matters of substance set out in
paragraph 22. Notwithstanding paragraph 22, the Conference
shall take decisions on any other change to Annex 1 to this Treaty
by consensus.
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24. The Conference shall be the principal organ of the
Organization. It shall consider any questions, matters or issues
within the scope of this Treaty, including those relating to the
powers and functions of the Executive Council and the Technical
Secretariat, in accordance with this Treaty. It may make
recommendations and take decisions on any questions, matters
or issues within the scope of this Treaty raised by a State Party or
brought to its attention by the Executive Council.
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25. The Conference shall oversee the implementation of, and
review compliance with, this Treaty and act in order to promote
its object and purpose. It shall also oversee the activities of the
Executive Council and the Technical Secretariat and may issue
guidelines to either of them for the exercise of their functions.
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26. The Conference shall:
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(a) Consider and adopt the report of the Organization on the
implementation of this Treaty and the annual programme and
budget of the Organization, submitted by the Executive
Council, as well as consider other reports;
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(b) Decide on the scale of financial contributions to be paid by
States Parties in accordance with paragraph 9;
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(c) Elect the members of the Executive Council;
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(d) Appoint the Director-General of the Technical Secretariat
(hereinafter referred to as ``the Director-General'');
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(e) Consider and approve the rules of procedure of the
Executive Council submitted by the latter;
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(f) Consider and review scientific and technological
developments that could affect the operation of this Treaty. In
this context, the Conference may direct the Director-General
to establish a Scientific Advisory Board to enable him or her,
in the performance of his or her functions, to render
specialized advice in areas of science and technology relevant
to this Treaty to the Conference, to the Executive Council, or
to States Parties. In that case, the Scientific Advisory Board
shall be composed of independent experts serving in their
individual capacity and appointed, in accordance with terms
of reference adopted by the Conference, on the basis of their
expertise and experience in the particular scientific fields
relevant to the implementation of this Treaty;
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(g) Take the necessary measures to ensure compliance with
this Treaty and to redress and remedy any situation that
contravenes the provisions of this Treaty, in accordance with
Article V;
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(h) Consider and approve at its initial session any draft
agreements, arrangements, provisions, procedures,
operational manuals, guidelines and any other documents
developed and recommended by the Preparatory
Commission;
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(i) Consider and approve agreements or arrangements
negotiated by the Technical Secretariat with States Parties,
other States and international organizations to be concluded
by the Executive Council on behalf of the Organization in
accordance with paragraph 38(h);
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(j) Establish such subsidiary organs as it finds necessary for
the exercise of its functions in accordance with this Treaty; and
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(k) Update Annex 1 to this Treaty, as appropriate, in
accordance with paragraph 23.
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27. The Executive Council shall consist of 51 members. Each
State Party shall have the right, in accordance with the provisions
of this Article, to serve on the Executive Council.
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28. Taking into account the need for equitable geographical
distribution, the Executive Council shall comprise:
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(a) Ten States Parties from Africa;
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(b) Seven States Parties from Eastern Europe;
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(c) Nine States Parties from Latin America and the Caribbean;
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(d) Seven States Parties from the Middle East and South Asia;
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(e) Ten States Parties from North America and Western
Europe; and
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(f) Eight States Parties from South-East Asia, the Pacific and
the Far East.
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All States in each of the above geographical regions are listed in
Annex 1 to this Treaty. Annex 1 to this Treaty shall be updated,
as appropriate, by the Conference in accordance with paragraphs
23 and 26(k). It shall not be subject to amendments or changes
under the procedures contained in Article VII.
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29. The members of the Executive Council shall be elected by
the Conference. In this connection, each geographical region
shall designate States Parties from that region for election as
members of the Executive Council as follows:
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(a) At least one-third of the seats allocated to each
geographical region shall be filled, taking into account
political and security interests, by States Parties in that region
designated on the basis of the nuclear capabilities relevant to
the Treaty as determined by international data as well as all or
any of the following indicative criteria in the order of priority
determined by each region:
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(i) Number of monitoring facilities of the International
Monitoring System;
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(ii) Expertise and experience in monitoring technology;
and
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(iii) Contribution to the annual budget of the Organization;
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(b) One of the seats allocated to each geographical region shall
be filled on a rotational basis by the State Party that is first in
the English alphabetical order among the States Parties in that
region that have not served as members of the Executive
Council for the longest period of time since becoming States
Parties or since their last term, whichever is shorter. A State
Party designated on this basis may decide to forgo its seat. In
that case, such a State Party shall submit a letter of
renunciation to the Director-General, and the seat shall be
filled by the State Party following next-in-order according to
this sub-paragraph; and
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(c) The remaining seats allocated to each geographical region
shall be filled by States Parties designated from among all the
States Parties in that region by rotation or elections.
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30. Each member of the Executive Council shall have one
representative on the Executive Council, who may be
accompanied by alternates and advisers.
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31. Each member of the Executive Council shall hold office
from the end of the session of the Conference at which that
member is elected until the end of the second regular annual
session of the Conference thereafter, except that for the first
election of the Executive Council, 26 members shall be elected
to hold office until the end of the third regular annual session of
the Conference, due regard being paid to the established
numerical proportions as described in paragraph 28.
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32. The Executive Council shall elaborate its rules of
procedure and submit them to the Conference for approval.
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33. The Executive Council shall elect its Chairman from
among its members.
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34. The Executive Council shall meet for regular sessions.
Between regular sessions it shall meet as may be required for the
fulfilment of its powers and functions.
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35. Each member of the Executive Council shall have one
vote.
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36. The Executive Council shall take decisions on matters of
procedure by a majority of all its members. The Executive
Council shall take decisions on matters of substance by a
two-thirds majority of all its members unless specified otherwise
in this Treaty. When the issue arises as to whether the question is
one of substance or not, that question shall be treated as a matter
of substance unless otherwise decided by the majority required
for decisions on matters of substance.
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37. The Executive Council shall be the executive organ of the
Organization. It shall be responsible to the Conference. It shall
carry out the powers and functions entrusted to it in accordance
with this Treaty. In so doing, it shall act in conformity with the
recommendations, decisions and guidelines of the Conference
and ensure their continuous and proper implementation.
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38. The Executive Council shall:
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(a) Promote effective implementation of, and compliance
with, this Treaty;
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(b) Supervise the activities of the Technical Secretariat;
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(c) Make recommendations as necessary to the Conference for
consideration of further proposals for promoting the object
and purpose of this Treaty;
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(d) Cooperate with the National Authority of each State Party;
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(e) Consider and submit to the Conference the draft annual
programme and budget of the Organization, the draft report of
the Organization on the implementation of this Treaty, the
report on the performance of its own activities and such other
reports as it deems necessary or that the Conference may
request;
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(f) Make arrangements for the sessions of the Conference,
including the preparation of the draft agenda;
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(g) Examine proposals for changes, on matters of an
administrative or technical nature, to the Protocol or the
Annexes thereto, pursuant to Article VII, and make
recommendations to the States Parties regarding their
adoption;
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(h) Conclude, subject to prior approval of the Conference,
agreements or arrangements with States Parties, other States
and international organizations on behalf of the Organization
and supervise their implementation, with the exception of
agreements or arrangements referred to in sub-paragraph (i);
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(i) Approve and supervise the operation of agreements or
arrangements relating to the implementation of verification
activities with States Parties and other States; and
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(j) Approve any new operational manuals and any changes to
the existing operational manuals that may be proposed by the
Technical Secretariat.
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39. The Executive Council may request a special session of the
Conference.
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40. The Executive Council shall:
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(a) Facilitate cooperation among States Parties, and between
States Parties and the Technical Secretariat, relating to the
implementation of this Treaty through information
exchanges;
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(b) Facilitate consultation and clarification among States
Parties in accordance with Article IV; and
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(c) Receive, consider and take action on requests for, and
reports on, on-site inspections in accordance with Article IV.
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41. The Executive Council shall consider any concern raised
by a State Party about possible non-compliance with this Treaty
and abuse of the rights established by this Treaty. In so doing, the
Executive Council shall consult with the States Parties involved
and, as appropriate, request a State Party to take measures to
redress the situation within a specified time. To the extent that the
Executive Council considers further action to be necessary, it
shall take, inter alia, one or more of the following measures:
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(a) Notify all States Parties of the issue or matter;
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(b) Bring the issue or matter to the attention of the Conference;
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(c) Make recommendations to the Conference or take action,
as appropriate, regarding measures to redress the situation and
to ensure compliance in accordance with Article V.
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42. The Technical Secretariat shall assist States Parties in the
implementation of this Treaty. The Technical Secretariat shall
assist the Conference and the Executive Council in the
performance of their functions. The Technical Secretariat shall
carry out the verification and other functions entrusted to it by
this Treaty, as well as those functions delegated to it by the
Conference or the Executive Council in accordance with this
Treaty. The Technical Secretariat shall include, as an integral
part, the International Data Centre.
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43. The functions of the Technical Secretariat with regard to
verification of compliance with this Treaty shall, in accordance
with Article IV and the Protocol, include inter alia:
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(a) Being responsible for supervising and coordinating the
operation of the International Monitoring System;
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(b) Operating the International Data Centre;
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(c) Routinely receiving, processing, analysing and reporting
on International Monitoring System data;
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(d) Providing technical assistance in, and support for, the
installation and operation of monitoring stations;
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(e) Assisting the Executive Council in facilitating
consultation and clarification among States Parties;
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(f) Receiving requests for on-site inspections and processing
them, facilitating Executive Council consideration of such
requests, carrying out the preparations for, and providing
technical support during, the conduct of on-site inspections,
and reporting to the Executive Council;
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(g) Negotiating agreements or arrangements with States
Parties, other States and international organizations and
concluding, subject to prior approval by the Executive
Council, any such agreements or arrangements relating to
verification activities with States Parties or other States; and
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(h) Assisting the States Parties through their National
Authorities on other issues of verification under this Treaty.
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44. The Technical Secretariat shall develop and maintain,
subject to approval by the Executive Council, operational
manuals to guide the operation of the various components of the
verification regime, in accordance with Article IV and the
Protocol. These manuals shall not constitute integral parts of this
Treaty or the Protocol and may be changed by the Technical
Secretariat subject to approval by the Executive Council. The
Technical Secretariat shall promptly inform the States Parties of
any changes in the operational manuals.
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45. The functions of the Technical Secretariat with respect to
administrative matters shall include:
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(a) Preparing and submitting to the Executive Council the
draft programme and budget of the Organization;
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(b) Preparing and submitting to the Executive Council the
draft report of the Organization on the implementation of this
Treaty and such other reports as the Conference or the
Executive Council may request;
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(c) Providing administrative and technical support to the
Conference, the Executive Council and other subsidiary
organs;
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(d) Addressing and receiving communications on behalf of
the Organization relating to the implementation of this Treaty;
and
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(e) Carrying out the administrative responsibilities related to
any agreements between the Organization and other
international organizations.
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46. All requests and notifications by States Parties to the
Organization shall be transmitted through their National
Authorities to the Director-General. Requests and notifications
shall be in one of the official languages of this Treaty. In response
the Director-General shall use the language of the transmitted
request or notification.
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47. With respect to the responsibilities of the Technical
Secretariat for preparing and submitting to the Executive
Council the draft programme and budget of the Organization, the
Technical Secretariat shall determine and maintain a clear
accounting of all costs for each facility established as part of the
International Monitoring System. Similar treatment in the draft
programme and budget shall be accorded to all other activities of
the Organization.
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48. The Technical Secretariat shall promptly inform the
Executive Council of any problems that have arisen with regard
to the discharge of its functions that have come to its notice in the
performance of its activities and that it has been unable to resolve
through consultations with the State Party concerned.
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49. The Technical Secretariat shall comprise a
Director-General, who shall be its head and chief administrative
officer, and such scientific, technical and other personnel as may
be required. The Director-General shall be appointed by the
Conference upon the recommendation of the Executive Council
for a term of four years, renewable for one further term, but not
thereafter. The first Director-General shall be appointed by the
Conference at its initial session upon the recommendation of the
Preparatory Commission.
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50. The Director-General shall be responsible to the
Conference and the Executive Council for the appointment of the
staff and for the organization and functioning of the Technical
Secretariat. The paramount consideration in the employment of
the staff and in the determination of the conditions of service shall
be the necessity of securing the highest standards of professional
expertise, experience, efficiency, competence and integrity. Only
citizens of States Parties shall serve as the Director-General, as
inspectors or as members of the professional and clerical staff.
Due regard shall be paid to the importance of recruiting the staff
on as wide a geographical basis as possible. Recruitment shall be
guided by the principle that the staff shall be kept to the minimum
necessary for the proper discharge of the responsibilities of the
Technical Secretariat.
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51. The Director-General may, as appropriate, after
consultation with the Executive Council, establish temporary
working groups of scientific experts to provide
recommendations on specific issues.
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52. In the performance of their duties, the Director-General,
the inspectors, the inspection assistants and the members of the
staff shall not seek or receive instructions from any Government
or from any other source external to the Organization. They shall
refrain from any action that might reflect adversely on their
positions as international officers responsible only to the
Organization. The Director-General shall assume responsibility
for the activities of an inspection team.
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53. Each State Party shall respect the exclusively international
character of the responsibilities of the Director-General, the
inspectors, the inspection assistants and the members of the staff
and shall not seek to influence them in the discharge of their
responsibilities.
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54. The Organization shall enjoy on the territory and in any
other place under the jurisdiction or control of a State Party such
legal capacity and such privileges and immunities as are
necessary for the exercise of its functions.
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55. Delegates of States Parties, together with their alternates
and advisers, representatives of members elected to the
Executive Council, together with their alternates and advisers,
the Director-General, the inspectors, the inspection assistants and
the members of the staff of the Organization shall enjoy such
privileges and immunities as are necessary in the independent
exercise of their functions in connection with the Organization.
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56. The legal capacity, privileges and immunities referred to
in this Article shall be defined in agreements between the
Organization and the States Parties as well as in an agreement
between the Organization and the State in which the
Organization is seated. Such agreements shall be considered and
approved in accordance with paragraph 26(h) and (i).
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57. Notwithstanding paragraphs 54 and 55, the privileges and
immunities enjoyed by the Director-General, the inspectors, the
inspection assistants and the members of the staff of the Technical
Secretariat during the conduct of verification activities shall be
those set forth in the Protocol.
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1. Each State Party shall, in accordance with its constitutional
processes, take any necessary measures to implement its
obligations under this Treaty. In particular, it shall take any
necessary measures:
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(a) To prohibit natural and legal persons anywhere on its
territory or in any other place under its jurisdiction as
recognized by international law from undertaking any activity
prohibited to a State Party under this Treaty;
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(b) To prohibit natural and legal persons from undertaking any
such activity anywhere under its control; and
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(c) To prohibit, in conformity with international law, natural
persons possessing its nationality from undertaking any such
activity anywhere.
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2. Each State Party shall cooperate with other States Parties
and afford the appropriate form of legal assistance to facilitate the
implementation of the obligations under paragraph 1.
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3. Each State Party shall inform the Organization of the
measures taken pursuant to this Article.
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4. In order to fulfil its obligations under the Treaty, each State
Party shall designate or set up a National Authority and shall so
inform the Organization upon entry into force of the Treaty for
it. The National Authority shall serve as the national focal point
for liaison with the Organization and with other States Parties.
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1. In order to verify compliance with this Treaty, a verification
regime shall be established consisting of the following elements:
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(a) An International Monitoring System;
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(b) Consultation and clarification;
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(c) On-site inspections; and
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(d) Confidence-building measures.
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At entry into force of this Treaty, the verification regime shall be
capable of meeting the verification requirements of this Treaty.
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2. Verification activities shall be based on objective
information, shall be limited to the subject matter of this Treaty,
and shall be carried out on the basis of full respect for the
sovereignty of States Parties and in the least intrusive manner
possible consistent with the effective and timely accomplishment
of their objectives. Each State Party shall refrain from any abuse
of the right of verification.
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3. Each State Party undertakes in accordance with this Treaty
to cooperate, through its National Authority established pursuant
to Article III, paragraph 4, with the Organization and with other
States Parties to facilitate the verification of compliance with this
Treaty by, inter alia:
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(a) Establishing the necessary facilities to participate in these
verification measures and establishing the necessary
communication;
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(b) Providing data obtained from national stations that are part
of the International Monitoring System;
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(c) Participating, as appropriate, in a consultation and
clarification process;
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(d) Permitting the conduct of on-site inspections; and
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(e) Participating, as appropriate, in confidence-building
measures.
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4. All States Parties, irrespective of their technical and
financial capabilities, shall enjoy the equal right of verification
and assume the equal obligation to accept verification.
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5. For the purposes of this Treaty, no State Party shall be
precluded from using information obtained by national technical
means of verification in a manner consistent with generally
recognized principles of international law, including that of
respect for the sovereignty of States.
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6. Without prejudice to the right of States Parties to protect
sensitive installations, activities or locations not related to this
Treaty, States Parties shall not interfere with elements of the
verification regime of this Treaty or with national technical
means of verification operating in accordance with paragraph 5.
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7. Each State Party shall have the right to take measures to
protect sensitive installations and to prevent disclosure of
confidential information and data not related to this Treaty.
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8. Moreover, all necessary measures shall be taken to protect
the confidentiality of any information related to civil and military
activities and facilities obtained during verification activities.
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9. Subject to paragraph 8, information obtained by the
Organization through the verification regime established by this
Treaty shall be made available to all States Parties in accordance
with the relevant provisions of this Treaty and the Protocol.
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10. The provisions of this Treaty shall not be interpreted as
restricting the international exchange of data for scientific
purposes.
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11. Each State Party undertakes to cooperate with the
Organization and with other States Parties in the improvement of
the verification regime, and in the examination of the verification
potential of additional monitoring technologies such as
electromagnetic pulse monitoring or satellite monitoring, with a
view to developing, when appropriate, specific measures to
enhance the efficient and cost-effective verification of this
Treaty. Such measures shall, when agreed, be incorporated in
existing provisions in this Treaty, the Protocol or as additional
sections of the Protocol, in accordance with Article VII, or, if
appropriate, be reflected in the operational manuals in
accordance with Article II, paragraph 44.
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12. The States Parties undertake to promote cooperation
among themselves to facilitate and participate in the fullest
possible exchange relating to technologies used in the
verification of this Treaty in order to enable all States Parties to
strengthen their national implementation of verification
measures and to benefit from the application of such
technologies for peaceful purposes.
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13. The provisions of this Treaty shall be implemented in a
manner which avoids hampering the economic and
technological development of the States Parties for further
development of the application of atomic energy for peaceful
purposes.
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14. In discharging its responsibilities in the area of verification
specified in this Treaty and the Protocol, in cooperation with the
States Parties the Technical Secretariat shall, for the purpose of
this Treaty:
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(a) Make arrangements to receive and distribute data and
reporting products relevant to the verification of this Treaty in
accordance with its provisions, and to maintain a global
communications infrastructure appropriate to this task;
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(b) Routinely through its International Data Centre, which
shall in principle be the focal point within the Technical
Secretariat for data storage and data processing:
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(i) Receive and initiate requests for data from the Interna
tional Monitoring System;
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(ii) Receive data, as appropriate, resulting from the process
of consultation and clarification, from on-site inspections,
and from confidence-building measures; and
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(iii) Receive other relevant data from States Parties and
international organizations in accordance with this Treaty
and the Protocol;
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(c) Supervise, coordinate and ensure the operation of the
International Monitoring System and its component elements,
and of the International Data Centre, in accordance with the
relevant operational manuals;
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(d) Routinely process, analyse and report on International
Monitoring System data according to agreed procedures so as
to permit the effective international verification of this Treaty
and to contribute to the early resolution of compliance
concerns;
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(e) Make available all data, both raw and processed, and any
reporting products, to all States Parties, each State Party taking
responsibility for the use of International Monitoring System
data in accordance with Article II, paragraph 7, and with
paragraphs 8 and 13 of this Article;
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(f) Provide to all States Parties equal, open, convenient and
timely access to all stored data;
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(g) Store all data, both raw and processed, and reporting
products;
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(h) Coordinate and facilitate requests for additional data from
the International Monitoring System;
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(i) Coordinate requests for additional data from one State
Party to another State Party;
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(j) Provide technical assistance in, and support for, the
installation and operation of monitoring facilities and
respective communication means, where such assistance and
support are required by the State concerned;
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(k) Make available to any State Party, upon its request,
techniques utilized by the Technical Secretariat and its
International Data Centre in compiling, storing, processing,
analysing and reporting on data from the verification regime;
and
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(l) Monitor, assess and report on the overall performance of
the International Monitoring System and of the International
Data Centre.
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15. The agreed procedures to be used by the Technical
Secretariat in discharging the verification responsibilities
referred to in paragraph 14 and detailed in the Protocol shall be
elaborated in the relevant operational manuals.
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16. The International Monitoring System shall comprise
facilities for seismological monitoring, radionuclide monitoring
including certified laboratories, hydroacoustic monitoring,
infrasound monitoring, and respective means of communication,
and shall be supported by the International Data Centre of the
Technical Secretariat.
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17. The International Monitoring System shall be placed
under the authority of the Technical Secretariat. All monitoring
facilities of the International Monitoring System shall be owned
and operated by the States hosting or otherwise taking
responsibility for them in accordance with the Protocol.
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18. Each State Party shall have the right to participate in the
international exchange of data and to have access to all data made
available to the International Data Centre. Each State Party shall
cooperate with the International Data Centre through its National
Authority.
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19. For facilities incorporated into the International
Monitoring System and specified in Tables 1-A, 2-A, 3 and 4 of
Annex 1 to the Protocol, and for their functioning, to the extent
that such facilities are agreed by the relevant State and the
Organization to provide data to the International Data Centre in
accordance with the technical requirements of the Protocol and
relevant operational manuals, the Organization, as specified in
agreements or arrangements pursuant to Part I, paragraph 4 of the
Protocol, shall meet the costs of:
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(a) Establishing any new facilities and upgrading existing
facilities, unless the State responsible for such facilities meets
these costs itself;
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(b) Operating and maintaining International Monitoring
System facilities, including facility physical security if
appropriate, and application of agreed data authentication
procedures;
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(c) Transmitting International Monitoring System data (raw
or processed) to the International Data Centre by the most
direct and cost-effective means available, including, if
necessary, via appropriate communications nodes, from
monitoring stations, laboratories, analytical facilities or from
national data centres; or such data (including samples where
appropriate) to laboratory and analytical facilities from
monitoring stations; and
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(d) Analysing samples on behalf of the Organization.
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20. For auxiliary network seismic stations specified in Table
1-B of Annex 1 to the Protocol the Organization, as specified in
agreements or arrangements pursuant to Part I, paragraph 4 of the
Protocol, shall meet the costs only of:
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(a) Transmitting data to the International Data Centre;
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(b) Authenticating data from such stations;
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(c) Upgrading stations to the required technical standard,
unless the State responsible for such facilities meets these
costs itself;
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(d) If necessary, establishing new stations for the purposes of
this Treaty where no appropriate facilities currently exist,
unless the State responsible for such facilities meets these
costs itself; and
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(e) Any other costs related to the provision of data required by
the Organization as specified in the relevant operational
manuals.
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21. The Organization shall also meet the cost of provision to
each State Party of its requested selection from the standard range
of International Data Centre reporting products and services, as
specified in Part I, Section F of the Protocol. The cost of
preparation and transmission of any additional data or products
shall be met by the requesting State Party.
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22. The agreements or, if appropriate, arrangements
concluded with States Parties or States hosting or otherwise
taking responsibility for facilities of the International Monitoring
System shall contain provisions for meeting these costs. Such
provisions may include modalities whereby a State Party meets
any of the costs referred to in paragraphs 19(a) and 20(c) and (d)
for facilities which it hosts or for which it is responsible, and is
compensated by an appropriate reduction in its assessed financial
contribution to the Organization. Such a reduction shall not
exceed 50 per cent of the annual assessed financial contribution
of a State Party, but may be spread over successive years. A State
Party may share such a reduction with another State Party by
agreement or arrangement between themselves and with the
concurrence of the Executive Council. The agreements or
arrangements referred to in this paragraph shall be approved in
accordance with Article II, paragraphs 26(h) and 38(i).
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23. Any measures referred to in paragraph 11 affecting the
International Monitoring System by means of addition or
deletion of a monitoring technology shall, when agreed, be
incorporated into this Treaty and the Protocol pursuant to Article
VII, paragraphs 1 to 6.
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24. The following changes to the International Monitoring
System, subject to the agreement of those States directly affected,
shall be regarded as matters of an administrative or technical
nature pursuant to Article VII, paragraphs 7 and 8:
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(a) Changes to the number of facilities specified in the
Protocol for a given monitoring technology; and
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(b) Changes to other details for particular facilities as reflected
in the Tables of Annex 1 to the Protocol (including, inter alia,
State responsible for the facility; location; name of facility;
type of facility; and attribution of a facility between the
primary and auxiliary seismic networks).
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If the Executive Council recommends, pursuant to Article VII,
paragraph 8(d), that such changes be adopted, it shall as a rule
also recommend pursuant to Article VII, paragraph 8(g), that
such changes enter into force upon notification by the
Director-General of their approval.
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25. The Director-General, in submitting to the Executive
Council and States Parties information and evaluation in
accordance with Article VII, paragraph 8(b), shall include in the
case of any proposal made pursuant to paragraph 24:
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(a) A technical evaluation of the proposal;
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(b) A statement on the administrative and financial impact of
the proposal; and
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(c) A report on consultations with States directly affected by
the proposal, including indication of their agreement.
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26. In cases of significant or irretrievable breakdown of a
monitoring facility specified in the Tables of Annex 1 to the
Protocol, or in order to cover other temporary reductions of
monitoring coverage, the Director-General shall, in consultation
and agreement with those States directly affected, and with the
approval of the Executive Council, initiate temporary
arrangements of no more than one year's duration, renewable if
necessary by agreement of the Executive Council and of the
States directly affected for another year. Such arrangements shall
not cause the number of operational facilities of the International
Monitoring System to exceed the number specified for the
relevant network; shall meet as far as possible the technical and
operational requirements specified in the operational manual for
the relevant network; and shall be conducted within the budget
of the Organization. The Director-General shall furthermore take
steps to rectify the situation and make proposals for its permanent
resolution. The Director-General shall notify all States Parties of
any decision taken pursuant to this paragraph.
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27. States Parties may also separately establish cooperative
arrangements with the Organization, in order to make available
to the International Data Centre supplementary data from
national monitoring stations that are not formally part of the
International Monitoring System.
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28. Such cooperative arrangements may be established as
follows:
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(a) Upon request by a State Party, and at the expense of that
State, the Technical Secretariat shall take the steps required to
certify that a given monitoring facility meets the technical and
operational requirements specified in the relevant operational
manuals for an International Monitoring System facility, and
make arrangements for the authentication of its data. Subject
to the agreement of the Executive Council, the Technical
Secretariat shall then formally designate such a facility as a
cooperating national facility. The Technical Secretariat shall
take the steps required to revalidate its certification as
appropriate;
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(b) The Technical Secretariat shall maintain a current list of
cooperating national facilities and shall distribute it to all
States Parties; and
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(c) The International Data Centre shall call upon data from
cooperating national facilities, if so requested by a State Party,
for the purposes of facilitating consultation and clarification
and the consideration of on-site inspection requests, data
transmission costs being borne by that State Party.
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The conditions under which supplementary data from such
facilities are made available, and under which the International
Data Centre may request further or expedited reporting, or
clarifications, shall be elaborated in the operational manual for
the respective monitoring network.
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29. Without prejudice to the right of any State Party to request
an on-site inspection, States Parties should, whenever possible,
first make every effort to clarify and resolve, among themselves
or with or through the Organization, any matter which may cause
concern about possible non-compliance with the basic
obligations of this Treaty.
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30. A State Party that receives a request pursuant to paragraph
29 directly from another State Party shall provide the
clarification to the requesting State Party as soon as possible, but
in any case no later than 48 hours after the request. The requesting
and requested States Parties may keep the Executive Council and
the Director-General informed of the request and the response.
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31. A State Party shall have the right to request the
Director-General to assist in clarifying any matter which may
cause concern about possible non-compliance with the basic
obligations of this Treaty. The Director-General shall provide
appropriate information in the possession of the Technical
Secretariat relevant to such a concern. The Director-General shall
inform the Executive Council of the request and of the
information provided in response, if so requested by the
requesting State Party.
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32. A State Party shall have the right to request the Executive
Council to obtain clarification from another State Party on any
matter which may cause concern about possible non-compliance
with the basic obligations of this Treaty. In such a case, the
following shall apply:
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(a) The Executive Council shall forward the request for
clarification to the requested State Party through the
Director-General no later than 24 hours after its receipt;
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(b) The requested State Party shall provide the clarification to
the Executive Council as soon as possible, but in any case no
later than 48 hours after receipt of the request;
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(c) The Executive Council shall take note of the clarification
and forward it to the requesting State Party no later than 24
hours after its receipt;
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(d) If the requesting State Party deems the clarification to be
inadequate, it shall have the right to request the Executive
Council to obtain further clarification from the requested State
Party.
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The Executive Council shall inform without delay all other
States Parties about any request for clarification pursuant to this
paragraph as well as any response provided by the requested
State Party.
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33. If the requesting State Party considers the clarification
obtained under paragraph 32(d) to be unsatisfactory, it shall have
the right to request a meeting of the Executive Council in which
States Parties involved that are not members of the Executive
Council shall be entitled to take part. At such a meeting, the
Executive Council shall consider the matter and may recommend
any measure in accordance with Article V.
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34. Each State Party has the right to request an on-site
inspection in accordance with the provisions of this Article and
Part II of the Protocol in the territory or in any other place under
the jurisdiction or control of any State Party, or in any area
beyond the jurisdiction or control of any State.
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35. The sole purpose of an on-site inspection shall be to clarify
whether a nuclear weapon test explosion or any other nuclear
explosion has been carried out in violation of Article I and, to the
extent possible, to gather any facts which might assist in
identifying any possible violator.
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36. The requesting State Party shall be under the obligation to
keep the on-site inspection request within the scope of this Treaty
and to provide in the request information in accordance with
paragraph 37. The requesting State Party shall refrain from
unfounded or abusive inspection requests.
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37. The on-site inspection request shall be based on
information collected by the International Monitoring System,
on any relevant technical information obtained by national
technical means of verification in a manner consistent with
generally recognized principles of international law, or on a
combination thereof. The request shall contain information
pursuant to Part II, paragraph 41 of the Protocol.
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38. The requesting State Party shall present the on-site
inspection request to the Executive Council and at the same time
to the Director-General for the latter to begin immediate
processing.
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39. The Executive Council shall begin its consideration
immediately upon receipt of the on-site inspection request.
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40. The Director-General, after receiving the on-site
inspection request, shall acknowledge receipt of the request to
the requesting State Party within two hours and communicate the
request to the State Party sought to be inspected within six hours.
The Director-General shall ascertain that the request meets the
requirements specified in Part II, paragraph 41 of the Protocol,
and, if necessary, shall assist the requesting State Party in filing
the request accordingly, and shall communicate the request to the
Executive Council and to all other States Parties within 24 hours.
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41. When the on-site inspection request fulfils the
requirements, the Technical Secretariat shall begin preparations
for the on-site inspection without delay.
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42. The Director-General, upon receipt of an on-site
inspection request referring to an inspection area under the
jurisdiction or control of a State Party, shall immediately seek
clarification from the State Party sought to be inspected in order
to clarify and resolve the concern raised in the request.
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43. A State Party that receives a request for clarification
pursuant to paragraph 42 shall provide the Director-General with
explanations and with other relevant information available as
soon as possible, but no later than 72 hours after receipt of the
request for clarification.
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44. The Director-General, before the Executive Council takes
a decision on the on-site inspection request, shall transmit
immediately to the Executive Council any additional
information available from the International Monitoring System
or provided by any State Party on the event specified in the
request, including any clarification provided pursuant to
paragraphs 42 and 43, as well as any other information from
within the Technical Secretariat that the Director-General deems
relevant or that is requested by the Executive Council.
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45. Unless the requesting State Party considers the concern
raised in the on-site inspection request to be resolved and
withdraws the request, the Executive Council shall take a
decision on the request in accordance with paragraph 46.
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46. The Executive Council shall take a decision on the on-site
inspection request no later than 96 hours after receipt of the
request from the requesting State Party. The decision to approve
the on-site inspection shall be made by at least 30 affirmative
votes of members of the Executive Council. If the Executive
Council does not approve the inspection, preparations shall be
stopped and no further action on the request shall be taken.
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47. No later than 25 days after the approval of the on-site
inspection in accordance with paragraph 46, the inspection team
shall transmit to the Executive Council, through the
Director-General, a progress inspection report. The continuation
of the inspection shall be considered approved unless the
Executive Council, no later than 72 hours after receipt of the
progress inspection report, decides by a majority of all its
members not to continue the inspection. If the Executive Council
decides not to continue the inspection, the inspection shall be
terminated, and the inspection team shall leave the inspection
area and the territory of the inspected State Party as soon as
possible in accordance with Part II, paragraphs 109 and 110 of
the Protocol.
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48. In the course of the on-site inspection, the inspection team
may submit to the Executive Council, through the
Director-General, a proposal to conduct drilling. The Executive
Council shall take a decision on such a proposal no later than 72
hours after receipt of the proposal. The decision to approve
drilling shall be made by a majority of all members of the
Executive Council.
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49. The inspection team may request the Executive Council,
through the Director-General, to extend the inspection duration
by a maximum of 70 days beyond the 60-day time-frame
specified in Part II, paragraph 4 of the Protocol, if the inspection
team considers such an extension essential to enable it to fulfil its
mandate. The inspection team shall indicate in its request which
of the activities and techniques listed in Part II, paragraph 69 of
the Protocol it intends to carry out during the extension period.
The Executive Council shall take a decision on the extension
request no later than 72 hours after receipt of the request. The
decision to approve an extension of the inspection duration shall
be made by a majority of all members of the Executive Council.
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50. Any time following the approval of the continuation of the
on-site inspection in accordance with paragraph 47, the
inspection team may submit to the Executive Council, through
the Director-General, a recommendation to terminate the
inspection. Such a recommendation shall be considered
approved unless the Executive Council, no later than 72 hours
after receipt of the recommendation, decides by a two-thirds
majority of all its members not to approve the termination of the
inspection. In case of termination of the inspection, the
inspection team shall leave the inspection area and the territory
of the inspected State Party as soon as possible in accordance
with Part II, paragraphs 109 and 110 of the Protocol.
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51. The requesting State Party and the State Party sought to be
inspected may participate in the deliberations of the Executive
Council on the on-site inspection request without voting. The
requesting State Party and the inspected State Party may also
participate without voting in any subsequent deliberations of the
Executive Council related to the inspection.
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52. The Director-General shall notify all States Parties within
24 hours about any decision by and reports, proposals, requests
and recommendations to the Executive Council pursuant to
paragraphs 46 to 50.
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53. An on-site inspection approved by the Executive Council
shall be conducted without delay by an inspection team
designated by the Director-General and in accordance with the
provisions of this Treaty and the Protocol. The inspection team
shall arrive at the point of entry no later than six days following
the receipt by the Executive Council of the on-site inspection
request from the requesting State Party.
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54. The Director-General shall issue an inspection mandate
for the conduct of the on-site inspection. The inspection mandate
shall contain the information specified in Part II, paragraph 42 of
the Protocol.
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55. The Director-General shall notify the inspected State Party
of the inspection no less than 24 hours before the planned arrival
of the inspection team at the point of entry, in accordance with
Part II, paragraph 43 of the Protocol.
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56. Each State Party shall permit the Organization to conduct
an on-site inspection on its territory or at places under its
jurisdiction or control in accordance with the provisions of this
Treaty and the Protocol. However, no State Party shall have to
accept simultaneous on-site inspections on its territory or at
places under its jurisdiction or control.
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57. In accordance with the provisions of this Treaty and the
Protocol, the inspected State Party shall have:
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(a) The right and the obligation to make every reasonable
effort to demonstrate its compliance with this Treaty and, to
this end, to enable the inspection team to fulfil its mandate;
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(b) The right to take measures it deems necessary to protect
national security interests and to prevent disclosure of
confidential information not related to the purpose of the
inspection;
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(c) The obligation to provide access within the inspection area
for the sole purpose of determining facts relevant to the
purpose of the inspection, taking into account sub-paragraph
(b) and any constitutional obligations it may have with regard
to proprietary rights or searches and seizures;
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(d) The obligation not to invoke this paragraph or Part II,
paragraph 88 of the Protocol to conceal any violation of its
obligations under Article I; and
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(e) The obligation not to impede the ability of the inspection
team to move within the inspection area and to carry out
inspection activities in accordance with this Treaty and the
Protocol.
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Access, in the context of an on-site inspection, means both the
physical access of the inspection team and the inspection
equipment to, and the conduct of inspection activities within, the
inspection area.
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58. The on-site inspection shall be conducted in the least
intrusive manner possible, consistent with the efficient and
timely accomplishment of the inspection mandate, and in
accordance with the procedures set forth in the Protocol.
Wherever possible, the inspection team shall begin with the least
intrusive procedures and then proceed to more intrusive
procedures only as it deems necessary to collect sufficient
information to clarify the concern about possible
non-compliance with this Treaty. The inspectors shall seek only
the information and data necessary for the purpose of the
inspection and shall seek to minimize interference with normal
operations of the inspected State Party.
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59. The inspected State Party shall assist the inspection team
throughout the on-site inspection and facilitate its task.
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60. If the inspected State Party, acting in accordance with Part
II, paragraphs 86 to 96 of the Protocol, restricts access within the
inspection area, it shall make every reasonable effort in
consultations with the inspection team to demonstrate through
alternative means its compliance with this Treaty.
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61. With regard to an observer, the following shall apply:
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(a) The requesting State Party, subject to the agreement of the
inspected State Party, may send a representative, who shall be
a national either of the requesting State Party or of a third State
Party, to observe the conduct of the on-site inspection;
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(b) The inspected State Party shall notify its acceptance or
non-acceptance of the proposed observer to the
Director-General within 12 hours after approval of the on-site
inspection by the Executive Council;
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(c) In case of acceptance, the inspected State Party shall grant
access to the observer in accordance with the Protocol;
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(d) The inspected State Party shall, as a rule, accept the
proposed observer, but if the inspected State Party exercises a
refusal, that fact shall be recorded in the inspection report.
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There shall be no more than three observers from an aggregate of
requesting States Parties.
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62. Inspection reports shall contain:
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(a) A description of the activities conducted by the inspection
team;
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(b) The factual findings of the inspection team relevant to the
purpose of the inspection;
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(c) An account of the cooperation granted during the on-site
inspection;
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(d) A factual description of the extent of the access granted,
including the alternative means provided to the team, during
the on-site inspection; and
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(e) Any other details relevant to the purpose of the inspection.
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Differing observations made by inspectors may be attached to the
report.
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63. The Director-General shall make draft inspection reports
available to the inspected State Party. The inspected State Party
shall have the right to provide the Director-General within 48
hours with its comments and explanations, and to identify any
information and data which, in its view, are not related to the
purpose of the inspection and should not be circulated outside the
Technical Secretariat. The Director-General shall consider the
proposals for changes to the draft inspection report made by the
inspected State Party and shall wherever possible incorporate
them. The Director-General shall also annex the comments and
explanations provided by the inspected State Party to the
inspection report.
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64. The Director-General shall promptly transmit the
inspection report to the requesting State Party, the inspected State
Party, the Executive Council and to all other States Parties. The
Director-General shall further transmit promptly to the
Executive Council and to all other States Parties any results of
sample analysis in designated laboratories in accordance with
Part II, paragraph 104 of the Protocol, relevant data from the
International Monitoring System, the assessments of the
requesting and inspected States Parties, as well as any other
information that the Director-General deems relevant. In the case
of the progress inspection report referred to in paragraph 47, the
Director-General shall transmit the report to the Executive
Council within the time-frame specified in that paragraph.
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65. The Executive Council, in accordance with its powers and
functions, shall review the inspection report and any material
provided pursuant to paragraph 64, and shall address any
concerns as to:
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(a) Whether any non-compliance with this Treaty has
occurred; and
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(b) Whether the right to request an on-site inspection has been
abused.
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66. If the Executive Council reaches the conclusion, in
keeping with its powers and functions, that further action may be
necessary with regard to paragraph 65, it shall take the
appropriate measures in accordance with Article V.
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67. If the Executive Council does not approve the on-site
inspection on the basis that the on-site inspection request is
frivolous or abusive, or if the inspection is terminated for the
same reasons, the Executive Council shall consider and decide
on whether to implement appropriate measures to redress the
situation, including the following:
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(a) Requiring the requesting State Party to pay for the cost of
any preparations made by the Technical Secretariat;
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(b) Suspending the right of the requesting State Party to
request an on-site inspection for a period of time, as
determined by the Executive Council; and
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(c) Suspending the right of the requesting State Party to serve
on the Executive Council for a period of time.
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68. In order to:
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(a) Contribute to the timely resolution of any compliance
concerns arising from possible misinterpretation of
verification data relating to chemical explosions; and
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(b) Assist in the calibration of the stations that are part of the
component networks of the International Monitoring System,
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each State Party undertakes to cooperate with the Organization
and with other States Parties in implementing relevant measures
as set out in Part III of the Protocol.
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1. The Conference, taking into account, inter alia, the
recommendations of the Executive Council, shall take the
necessary measures, as set forth in paragraphs 2 and 3, to ensure
compliance with this Treaty and to redress and remedy any
situation which contravenes the provisions of this Treaty.
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2. In cases where a State Party has been requested by the
Conference or the Executive Council to redress a situation
raising problems with regard to its compliance and fails to fulfil
the request within the specified time, the Conference may, inter
alia, decide to restrict or suspend the State Party from the exercise
of its rights and privileges under this Treaty until the Conference
decides otherwise.
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3. In cases where damage to the object and purpose of this
Treaty may result from non-compliance with the basic
obligations of this Treaty, the Conference may recommend to
States Parties collective measures which are in conformity with
international law.
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4. The Conference, or alternatively, if the case is urgent, the
Executive Council, may bring the issue, including relevant
information and conclusions, to the attention of the United
Nations.
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1. Disputes that may arise concerning the application or the
interpretation of this Treaty shall be settled in accordance with the
relevant provisions of this Treaty and in conformity with the
provisions of the Charter of the United Nations.
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2. When a dispute arises between two or more States Parties,
or between one or more States Parties and the Organization,
relating to the application or interpretation of this Treaty, the
parties concerned shall consult together with a view to the
expeditious settlement of the dispute by negotiation or by other
peaceful means of the parties' choice, including recourse to
appropriate organs of this Treaty and, by mutual consent, referral
to the International Court of Justice in conformity with the
Statute of the Court. The parties involved shall keep the
Executive Council informed of actions being taken.
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3. The Executive Council may contribute to the settlement of
a dispute that may arise concerning the application or
interpretation of this Treaty by whatever means it deems
appropriate, including offering its good offices, calling upon the
States Parties to a dispute to seek a settlement through a process
of their own choice, bringing the matter to the attention of the
Conference and recommending a time-limit for any agreed
procedure.
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4. The Conference shall consider questions related to disputes
raised by States Parties or brought to its attention by the
Executive Council. The Conference shall, as it finds necessary,
establish or entrust organs with tasks related to the settlement of
these disputes in conformity with Article II, paragraph 26(j).
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5. The Conference and the Executive Council are separately
empowered, subject to authorization from the General Assembly
of the United Nations, to request the International Court of
Justice to give an advisory opinion on any legal question arising
within the scope of the activities of the Organization. An
agreement between the Organization and the United Nations
shall be concluded for this purpose in accordance with Article II,
paragraph 38(h).
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6. This Article is without prejudice to Articles IV and V.
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1. At any time after the entry into force of this Treaty, any State
Party may propose amendments to this Treaty, the Protocol, or
the Annexes to the Protocol. Any State Party may also propose
changes, in accordance with paragraph 7, to the Protocol or the
Annexes thereto. Proposals for amendments shall be subject to
the procedures in paragraphs 2 to 6. Proposals for changes, in
accordance with paragraph 7, shall be subject to the procedures
in paragraph 8.
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2. The proposed amendment shall be considered and adopted
only by an Amendment Conference.
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3. Any proposal for an amendment shall be communicated to
the Director-General, who shall circulate it to all States Parties
and the Depositary and seek the views of the States Parties on
whether an Amendment Conference should be convened to
consider the proposal. If a majority of the States Parties notify the
Director-General no later than 30 days after its circulation that
they support further consideration of the proposal, the
Director-General shall convene an Amendment Conference to
which all States Parties shall be invited.
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4. The Amendment Conference shall be held immediately
following a regular session of the Conference unless all States
Parties that support the convening of an Amendment Conference
request that it be held earlier. In no case shall an Amendment
Conference be held less than 60 days after the circulation of the
proposed amendment.
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5. Amendments shall be adopted by the Amendment
Conference by a positive vote of a majority of the States Parties
with no State Party casting a negative vote.
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6. Amendments shall enter into force for all States Parties 30
days after deposit of the instruments of ratification or acceptance
by all those States Parties casting a positive vote at the
Amendment Conference.
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7. In order to ensure the viability and effectiveness of this
Treaty, Parts I and III of the Protocol and Annexes 1 and 2 to the
Protocol shall be subject to changes in accordance with
paragraph 8, if the proposed changes are related only to matters
of an administrative or technical nature. All other provisions of
the Protocol and the Annexes thereto shall not be subject to
changes in accordance with paragraph 8.
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8. Proposed changes referred to in paragraph 7 shall be made
in accordance with the following procedures:
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(a) The text of the proposed changes shall be transmitted
together with the necessary information to the
Director-General. Additional information for the evaluation
of the proposal may be provided by any State Party and the
Director-General. The Director-General shall promptly
communicate any such proposals and information to all States
Parties, the Executive Council and the Depositary;
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(b) No later than 60 days after its receipt, the Director-General
shall evaluate the proposal to determine all its possible
consequences for the provisions of this Treaty and its
implementation and shall communicate any such information
to all States Parties and the Executive Council;
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(c) The Executive Council shall examine the proposal in the
light of all information available to it, including whether the
proposal fulfils the requirements of paragraph 7. No later than
90 days after its receipt, the Executive Council shall notify its
recommendation, with appropriate explanations, to all States
Parties for consideration. States Parties shall acknowledge
receipt within 10 days;
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(d) If the Executive Council recommends to all States Parties
that the proposal be adopted, it shall be considered approved
if no State Party objects to it within 90 days after receipt of the
recommendation. If the Executive Council recommends that
the proposal be rejected, it shall be considered rejected if no
State Party objects to the rejection within 90 days after receipt
of the recommendation;
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(e) If a recommendation of the Executive Council does not
meet with the acceptance required under sub-paragraph (d), a
decision on the proposal, including whether it fulfils the
requirements of paragraph 7, shall be taken as a matter of
substance by the Conference at its next session;
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(f) The Director-General shall notify all States Parties and the
Depositary of any decision under this paragraph;
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(g) Changes approved under this procedure shall enter into
force for all States Parties 180 days after the date of
notification by the Director-General of their approval unless
another time period is recommended by the Executive
Council or decided by the Conference.
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1. Unless otherwise decided by a majority of the States Parties,
ten years after the entry into force of this Treaty a Conference of
the States Parties shall be held to review the operation and
effectiveness of this Treaty, with a view to assuring itself that the
objectives and purposes in the Preamble and the provisions of the
Treaty are being realized. Such review shall take into account any
new scientific and technological developments relevant to this
Treaty. On the basis of a request by any State Party, the Review
Conference shall consider the possibility of permitting the
conduct of underground nuclear explosions for peaceful
purposes. If the Review Conference decides by consensus that
such nuclear explosions may be permitted, it shall commence
work without delay, with a view to recommending to States
Parties an appropriate amendment to this Treaty that shall
preclude any military benefits of such nuclear explosions. Any
such proposed amendment shall be communicated to the
Director-General by any State Party and shall be dealt with in
accordance with the provisions of Article VII.
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2. At intervals of ten years thereafter, further Review
Conferences may be convened with the same objective, if the
Conference so decides as a matter of procedure in the preceding
year. Such Conferences may be convened after an interval of less
than ten years if so decided by the Conference as a matter of
substance.
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3. Normally, any Review Conference shall be held
immediately following the regular annual session of the
Conference provided for in Article II.
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1. This Treaty shall be of unlimited duration.
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2. Each State Party shall, in exercising its national sovereignty,
have the right to withdraw from this Treaty if it decides that
extraordinary events related to the subject matter of this Treaty
have jeopardized its supreme interests.
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3. Withdrawal shall be effected by giving notice six months in
advance to all other States Parties, the Executive Council, the
Depositary and the United Nations Security Council. Notice of
withdrawal shall include a statement of the extraordinary event
or events which a State Party regards as jeopardizing its supreme
interests.
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The Annexes to this Treaty, the Protocol, and the Annexes to
the Protocol form an integral part of the Treaty. Any reference to
this Treaty includes the Annexes to this Treaty, the Protocol and
the Annexes to the Protocol.
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This Treaty shall be open to all States for signature before its
entry into force.
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This Treaty shall be subject to ratification by States
Signatories according to their respective constitutional
processes.
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Any State which does not sign this Treaty before its entry into
force may accede to it at any time thereafter.
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1. This Treaty shall enter into force 180 days after the date of
deposit of the instruments of ratification by all States listed in
Annex 2 to this Treaty, but in no case earlier than two years after
its opening for signature.
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2. If this Treaty has not entered into force three years after the
date of the anniversary of its opening for signature, the
Depositary shall convene a Conference of the States that have
already deposited their instruments of ratification upon the
request of a majority of those States. That Conference shall
examine the extent to which the requirement set out in paragraph
1 has been met and shall consider and decide by consensus what
measures consistent with international law may be undertaken to
accelerate the ratification process in order to facilitate the early
entry into force of this Treaty.
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3. Unless otherwise decided by the Conference referred to in
paragraph 2 or other such conferences, this process shall be
repeated at subsequent anniversaries of the opening for signature
of this Treaty, until its entry into force.
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4. All States Signatories shall be invited to attend the
Conference referred to in paragraph 2 and any subsequent
conferences as referred to in paragraph 3, as observers.
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5. For States whose instruments of ratification or accession are
deposited subsequent to the entry into force of this Treaty, it shall
enter into force on the 30th day following the date of deposit of
their instruments of ratification or accession.
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The Articles of and the Annexes to this Treaty shall not be
subject to reservations. The provisions of the Protocol to this
Treaty and the Annexes to the Protocol shall not be subject to
reservations incompatible with the object and purpose of this
Treaty.
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1. The Secretary-General of the United Nations shall be the
Depositary of this Treaty and shall receive signatures,
instruments of ratification and instruments of accession.
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2. The Depositary shall promptly inform all States Signatories
and acceding States of the date of each signature, the date of
deposit of each instrument of ratification or accession, the date of
the entry into force of this Treaty and of any amendments and
changes thereto, and the receipt of other notices.
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3. The Depositary shall send duly certified copies of this
Treaty to the Governments of the States Signatories and acceding
States.
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4. This Treaty shall be registered by the Depositary pursuant
to Article 102 of the Charter of the United Nations.
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This Treaty, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
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Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi,
Cameroon, Cape Verde, Central African Republic, Chad,
Comoros, Congo, Côte d'Ivoire, Djibouti, Egypt, Equatorial
Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea,
Guinea-Bissau, Kenya, Lesotho, Liberia, Libyan Arab
Jamahiriya, Madagascar, Malawi, Mali, Mauritania, Mauritius,
Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao
Tome & Principe, Senegal, Seychelles, Sierra Leone, Somalia,
South Africa, Sudan, Swaziland, Togo, Tunisia, Uganda, United
Republic of Tanzania, Zaire, Zambia, Zimbabwe.
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Albania, Armenia, Azerbaijan, Belarus, Bosnia and
Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia,
Georgia, Hungary, Latvia, Lithuania, Moldova, Poland,
Romania, Russian Federation, Slovakia, Slovenia, The former
Yugoslav Republic of Macedonia, Ukraine, Yugoslavia.
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Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize,
Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominica,
Dominican Republic, Ecuador, El Salvador, Grenada,
Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico,
Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint
Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad
and Tobago, Uruguay, Venezuela.
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Afghanistan, Bahrain, Bangladesh, Bhutan, India, Iran (Islamic
Republic of), Iraq, Israel, Jordan, Kazakstan, Kuwait,
Kyrgyzstan, Lebanon, Maldives, Oman, Nepal, Pakistan, Qatar,
Saudi Arabia, Sri Lanka, Syrian Arab Republic, Tajikistan,
Turkmenistan, United Arab Emirates, Uzbekistan, Yemen.
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Andorra, Austria, Belgium, Canada, Cyprus, Denmark, Finland,
France, Germany, Greece, Holy See, Iceland, Ireland, Italy,
Liechtenstein, Luxembourg, Malta, Monaco, Netherlands,
Norway, Portugal, San Marino, Spain, Sweden, Switzerland,
Turkey, United Kingdom of Great Britain and Northern Ireland,
United States of America.
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Australia, Brunei Darussalam, Cambodia, China, Cook Islands,
Democratic People's Republic of Korea, Fiji, Indonesia, Japan,
Kiribati, Lao People's Democratic Republic, Malaysia, Marshall
Islands, Micronesia (Federated States of), Mongolia, Myanmar,
Nauru, New Zealand, Niue, Palau, Papua New Guinea,
Philippines, Republic of Korea, Samoa, Singapore, Solomon
Islands, Thailand, Tonga, Tuvalu, Vanuatu, Viet Nam.
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List of States members of the Conference on Disarmament as at
18 June 1996 which formally participated in the work of the 1996
session of the Conference and which appear in Table 1 of the
International Atomic Energy Agency's April 1996 edition of
``Nuclear Power Reactors in the World'', and of States members
of the Conference on Disarmament as at 18 June 1996 which
formally participated in the work of the 1996 session of the
Conference and which appear in Table 1 of the International
Atomic Energy Agency's December 1995 edition of ``Nuclear
Research Reactors in the World``:
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Algeria, Argentina, Australia, Austria, Bangladesh, Belgium,
Brazil, Bulgaria, Canada, Chile, China, Colombia, Democratic
People's Republic of Korea, Egypt, Finland, France, Germany,
Hungary, India, Indonesia, Iran (Islamic Republic of), Israel,
Italy, Japan, Mexico, Netherlands, Norway, Pakistan, Peru,
Poland, Romania, Republic of Korea, Russian Federation,
Slovakia, South Africa, Spain, Sweden, Switzerland, Turkey,
Ukraine, United Kingdom of Great Britain and Northern Ireland,
United States of America, Viet Nam, Zaire.
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1. The International Monitoring System shall comprise
monitoring facilities as set out in Article IV, paragraph 16, and
respective means of communication.
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2. The monitoring facilities incorporated into the International
Monitoring System shall consist of those facilities specified in
Annex 1 to this Protocol. The International Monitoring System
shall fulfil the technical and operational requirements specified
in the relevant operational manuals.
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3. The Organization, in accordance with Article II, shall, in
cooperation and consultation with the States Parties, with other
States, and with international organizations as appropriate,
establish and coordinate the operation and maintenance, and any
future agreed modification or development of the International
Monitoring System.
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4. In accordance with appropriate agreements or arrangements
and procedures, a State Party or other State hosting or otherwise
taking responsibility for International Monitoring System
facilities and the Technical Secretariat shall agree and cooperate
in establishing, operating, upgrading, financing, and
maintaining monitoring facilities, related certified laboratories
and respective means of communication within areas under its
jurisdiction or control or elsewhere in conformity with
international law. Such cooperation shall be in accordance with
the security and authentication requirements and technical
specifications contained in the relevant operational manuals.
Such a State shall give the Technical Secretariat authority to
access a monitoring facility for checking equipment and
communication links, and shall agree to make the necessary
changes in the equipment and the operational procedures to meet
agreed requirements. The Technical Secretariat shall provide to
such States appropriate technical assistance as is deemed by the
Executive Council to be required for the proper functioning of
the facility as part of the International Monitoring System.
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5. Modalities for such cooperation between the Organization
and States Parties or States hosting or otherwise taking
responsibility for facilities of the International Monitoring
System shall be set out in agreements or arrangements as
appropriate in each case.
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6. Each State Party undertakes to cooperate in an international
exchange of seismological data to assist in the verification of
compliance with this Treaty. This cooperation shall include the
establishment and operation of a global network of primary and
auxiliary seismological monitoring stations. These stations shall
provide data in accordance with agreed procedures to the
International Data Centre.
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7. The network of primary stations shall consist of the 50
stations specified in Table 1-A of Annex 1 to this Protocol. These
stations shall fulfil the technical and operational requirements
specified in the Operational Manual for Seismological
Monitoring and the International Exchange of Seismological
Data. Uninterrupted data from the primary stations shall be
transmitted, directly or through a national data centre, on-line to
the International Data Centre.
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8. To supplement the primary network, an auxiliary network
of 120 stations shall provide information, directly or through a
national data centre, to the International Data Centre upon
request. The auxiliary stations to be used are listed in Table 1-B
of Annex 1 to this Protocol. The auxiliary stations shall fulfil the
technical and operational requirements specified in the
Operational Manual for Seismological Monitoring and the
International Exchange of Seismological Data. Data from the
auxiliary stations may at any time be requested by the
International Data Centre and shall be immediately available
through on-line computer connections.
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9. Each State Party undertakes to cooperate in an international
exchange of data on radionuclides in the atmosphere to assist in
the verification of compliance with this Treaty. This cooperation
shall include the establishment and operation of a global network
of radionuclide monitoring stations and certified laboratories.
The network shall provide data in accordance with agreed
procedures to the International Data Centre.
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10. The network of stations to measure radionuclides in the
atmosphere shall comprise an overall network of 80 stations, as
specified in Table 2-A of Annex 1 to this Protocol. All stations
shall be capable of monitoring for the presence of relevant
particulate matter in the atmosphere. Forty of these stations shall
also be capable of monitoring for the presence of relevant noble
gases upon the entry into force of this Treaty. For this purpose the
Conference, at its initial session, shall approve a
recommendation by the Preparatory Commission as to which 40
stations from Table 2-A of Annex 1 to this Protocol shall be
capable of noble gas monitoring. At its first regular annual
session, the Conference shall consider and decide on a plan for
implementing noble gas monitoring capability throughout the
network. The Director-General shall prepare a report to the
Conference on the modalities for such implementation. All
monitoring stations shall fulfil the technical and operational
requirements specified in the Operational Manual for
Radionuclide Monitoring and the International Exchange of
Radionuclide Data.
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11. The network of radionuclide monitoring stations shall be
supported by laboratories, which shall be certified by the
Technical Secretariat in accordance with the relevant operational
manual for the performance, on contract to the Organization and
on a fee-for-service basis, of the analysis of samples from
radionuclide monitoring stations. Laboratories specified in Table
2-B of Annex 1 to this Protocol, and appropriately equipped,
shall, as required, also be drawn upon by the Technical
Secretariat to perform additional analysis of samples from
radionuclide monitoring stations. With the agreement of the
Executive Council, further laboratories may be certified by the
Technical Secretariat to perform the routine analysis of samples
from manual monitoring stations where necessary. All certified
laboratories shall provide the results of such analysis to the
International Data Centre, and in so doing shall fulfil the
technical and operational requirements specified in the
Operational Manual on Radionuclide Monitoring and the
International Exchange of Radionuclide Data.
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12. Each State Party undertakes to cooperate in an
international exchange of hydroacoustic data to assist in the
verification of compliance with this Treaty. This cooperation
shall include the establishment and operation of a global network
of hydroacoustic monitoring stations. These stations shall
provide data in accordance with agreed procedures to the
International Data Centre.
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13. The network of hydroacoustic stations shall consist of the
stations specified in Table 3 of Annex 1 to this Protocol, and shall
comprise an overall network of six hydrophone and five T-phase
stations. These stations shall fulfil the technical and operational
requirements specified in the Operational Manual for
Hydroacoustic Monitoring and the International Exchange of
Hydroacoustic Data.
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14. Each State Party undertakes to cooperate in an
international exchange of infrasound data to assist in the
verification of compliance with this Treaty. This cooperation
shall include the establishment and operation of a global network
of infrasound monitoring stations. These stations shall provide
data in accordance with agreed procedures to the International
Data Centre.
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15. The network of infrasound stations shall consist of the
stations specified in Table 4 of Annex 1 to this Protocol, and shall
comprise an overall network of 60 stations. These stations shall
fulfil the technical and operational requirements specified in the
Operational Manual for Infrasound Monitoring and the
International Exchange of Infrasound Data.
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16. The International Data Centre shall receive, collect,
process, analyse, report on and archive data from International
Monitoring System facilities, including the results of analysis
conducted at certified laboratories.
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17. The procedures and standard event screening criteria to be
used by the International Data Centre in carrying out its agreed
functions, in particular for the production of standard reporting
products and for the performance of a standard range of services
for States Parties, shall be elaborated in the Operational Manual
for the International Data Centre and shall be progressively
developed. The procedures and criteria developed initially by the
Preparatory Commission shall be approved by the Conference at
its initial session.
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18. The International Data Centre shall apply on a routine
basis automatic processing methods and interactive human
analysis to raw International Monitoring System data in order to
produce and archive standard International Data Centre products
on behalf of all States Parties. These products shall be provided
at no cost to States Parties and shall be without prejudice to final
judgements with regard to the nature of any event, which shall
remain the responsibility of States Parties, and shall include:
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(a) Integrated lists of all signals detected by the International
Monitoring System, as well as standard event lists and
bulletins, including the values and associated uncertainties
calculated for each event located by the International Data
Centre, based on a set of standard parameters;
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(b) Standard screened event bulletins that result from the
application to each event by the International Data Centre of
standard event screening criteria, making use of the
characterization parameters specified in Annex 2 to this
Protocol, with the objective of characterizing, highlighting in
the standard event bulletin, and thereby screening out, events
considered to be consistent with natural phenomena or
non-nuclear, man-made phenomena. The standard event
bulletin shall indicate numerically for each event the degree to
which that event meets or does not meet the event screening
criteria. In applying standard event screening, the
International Data Centre shall use both global and
supplementary screening criteria to take account of regional
variations where applicable. The International Data Centre
shall progressively enhance its technical capabilities as
experience is gained in the operation of the International
Monitoring System;
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(c) Executive summaries, which summarise the data acquired
and archived by the International Data Centre, the products of
the International Data Centre, and the performance and
operational status of the International Monitoring System and
International Data Centre; and
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(d) Extracts or subsets of the standard International Data
Centre products specified in sub-paragraphs (a) to (c),
selected according to the request of an individual State Party.
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19. The International Data Centre shall carry out, at no cost to
States Parties, special studies to provide in-depth, technical
review by expert analysis of data from the International
Monitoring System, if requested by the Organization or by a
State Party, to improve the estimated values for the standard
signal and event parameters.
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20. The International Data Centre shall provide States Parties
with open, equal, timely and convenient access to all
International Monitoring System data, raw or processed, all
International Data Centre products, and all other International
Monitoring System data in the archive of the International Data
Centre or, through the International Data Centre, of International
Monitoring System facilities. The methods for supporting data
access and the provision of data shall include the following
services:
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(a) Automatic and regular forwarding to a State Party of the
products of the International Data Centre or the selection by
the State Party thereof, and, as requested, the selection by the
State Party of International Monitoring System data;
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(b) The provision of the data or products generated in response
to ad hoc requests by States Parties for the retrieval from the
International Data Centre and International Monitoring
System facility archives of data and products, including
interactive electronic access to the International Data Centre
data base; and
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(c) Assisting individual States Parties, at their request and at
no cost for reasonable efforts, with expert technical analysis of
International Monitoring System data and other relevant data
provided by the requesting State Party, in order to help the
State Party concerned to identify the source of specific events.
The output of any such technical analysis shall be considered
a product of the requesting State Party, but shall be available
to all States Parties.
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The International Data Centre services specified in
sub-paragraphs (a) and (b) shall be made available at no cost to
each State Party. The volumes and formats of data shall be set out
in the Operational Manual for the International Data Centre.
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21. The International Data Centre shall, if requested by a State
Party, apply to any of its standard products, on a regular and
automatic basis, national event screening criteria established by
that State Party, and provide the results of such analysis to that
State Party. This service shall be undertaken at no cost to the
requesting State Party. The output of such national event
screening processes shall be considered a product of the
requesting State Party.
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22. The International Data Centre shall, where required,
provide technical assistance to individual States Parties:
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(a) In formulating their requirements for selection and
screening of data and products;
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(b) By installing at the International Data Centre, at no cost to
a requesting State Party for reasonable efforts, computer
algorithms or software provided by that State Party to
compute new signal and event parameters that are not
included in the Operational Manual for the International Data
Centre, the output being considered products of the requesting
State Party; and
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(c) By assisting States Parties to develop the capability to
receive, process and analyse International Monitoring System
data at a national data centre.
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23. The International Data Centre shall continuously monitor
and report on the operational status of the International
Monitoring System facilities, of communications links, and of its
own processing systems. It shall provide immediate notification
to those responsible should the operational performance of any
component fail to meet agreed levels set out in the relevant
operational manual.
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1. The procedures in this Part shall be implemented pursuant
to the provisions for on-site inspections set out in Article IV.
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2. The on-site inspection shall be carried out in the area where
the event that triggered the on-site inspection request occurred.
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3. The area of an on-site inspection shall be continuous and its
size shall not exceed 1000 square kilometres. There shall be no
linear distance greater than 50 kilometres in any direction.
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4. The duration of an on-site inspection shall not exceed 60
days from the date of the approval of the on-site inspection
request in accordance with Article IV, paragraph 46, but may be
extended by a maximum of 70 days in accordance with Article
IV, paragraph 49.
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5. If the inspection area specified in the inspection mandate
extends to the territory or other place under the jurisdiction or
control of more than one State Party, the provisions on on-site
inspections shall, as appropriate, apply to each of the States
Parties to which the inspection area extends.
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6. In cases where the inspection area is under the jurisdiction
or control of the inspected State Party but is located on the
territory of another State Party or where the access from the point
of entry to the inspection area requires transit through the
territory of a State Party other than the inspected State Party, the
inspected State Party shall exercise the rights and fulfil the
obligations concerning such inspections in accordance with this
Protocol. In such a case, the State Party on whose territory the
inspection area is located shall facilitate the inspection and shall
provide for the necessary support to enable the inspection team
to carry out its tasks in a timely and effective manner. States
Parties through whose territory transit is required to reach the
inspection area shall facilitate such transit.
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7. In cases where the inspection area is under the jurisdiction
or control of the inspected State Party but is located on the
territory of a State not Party to this Treaty, the inspected State
Party shall take all necessary measures to ensure that the
inspection can be carried out in accordance with this Protocol. A
State Party that has under its jurisdiction or control one or more
areas on the territory of a State not Party to this Treaty shall take
all necessary measures to ensure acceptance by the State on
whose territory the inspection area is located of inspectors and
inspection assistants designated to that State Party. If an
inspected State Party is unable to ensure access, it shall
demonstrate that it took all necessary measures to ensure access.
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8. In cases where the inspection area is located on the territory
of a State Party but is under the jurisdiction or control of a State
not Party to this Treaty, the State Party shall take all necessary
measures required of an inspected State Party and a State Party
on whose territory the inspection area is located, without
prejudice to the rules and practices of international law, to ensure
that the on-site inspection can be carried out in accordance with
this Protocol. If the State Party is unable to ensure access to the
inspection area, it shall demonstrate that it took all necessary
measures to ensure access, without prejudice to the rules and
practices of international law.
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9. The size of the inspection team shall be kept to the minimum
necessary for the proper fulfilment of the inspection mandate.
The total number of members of the inspection team present on
the territory of the inspected State Party at any given time, except
during the conduct of drilling, shall not exceed 40 persons. No
national of the requesting State Party or the inspected State Party
shall be a member of the inspection team.
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10. The Director-General shall determine the size of the
inspection team and select its members from the list of inspectors
and inspection assistants, taking into account the circumstances
of a particular request.
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11. The inspected State Party shall provide for or arrange the
amenities necessary for the inspection team, such as
communication means, interpretation services, transportation,
working space, lodging, meals, and medical care.
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12. The inspected State Party shall be reimbursed by the
Organization, in a reasonably short period of time after
conclusion of the inspection, for all expenses, including those
mentioned in paragraphs 11 and 49, related to the stay and
functional activities of the inspection team on the territory of the
inspected State Party.
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13. Procedures for the implementation of on-site inspections
shall be detailed in the Operational Manual for On-Site
Inspections.
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14. An inspection team may consist of inspectors and
inspection assistants. An on-site inspection shall only be carried
out by qualified inspectors specially designated for this function.
They may be assisted by specially designated inspection
assistants, such as technical and administrative personnel,
aircrew and interpreters.
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15. Inspectors and inspection assistants shall be nominated for
designation by the States Parties or, in the case of staff of the
Technical Secretariat, by the Director-General, on the basis of
their expertise and experience relevant to the purpose and
functions of on-site inspections. The nominees shall be approved
in advance by the States Parties in accordance with paragraph 18.
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16. Each State Party, no later than 30 days after the entry into
force of this Treaty for it, shall notify the Director-General of the
names, dates of birth, sex, ranks, qualifications and professional
experience of the persons proposed by the State Party for
designation as inspectors and inspection assistants.
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17. No later than 60 days after the entry into force of this
Treaty, the Technical Secretariat shall communicate in writing to
all States Parties an initial list of the names, nationalities, dates of
birth, sex and ranks of the inspectors and inspection assistants
proposed for designation by the Director-General and the States
Parties, as well as a description of their qualifications and
professional experience.
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18. Each State Party shall immediately acknowledge receipt
of the initial list of inspectors and inspection assistants proposed
for designation. Any inspector or inspection assistant included in
this list shall be regarded as accepted unless a State Party, no later
than 30 days after acknowledgment of receipt of the list, declares
its non-acceptance in writing. The State Party may include the
reason for the objection. In the case of non-acceptance, the
proposed inspector or inspection assistant shall not undertake or
participate in on-site inspection activities on the territory or in
any other place under the jurisdiction or control of the State Party
that has declared its non-acceptance. The Technical Secretariat
shall immediately confirm receipt of the notification of
objection.
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19. Whenever additions or changes to the list of inspectors and
inspection assistants are proposed by the Director-General or a
State Party, replacement inspectors and inspection assistants
shall be designated in the same manner as set forth with respect
to the initial list. Each State Party shall promptly notify the
Technical Secretariat if an inspector or inspection assistant
nominated by it can no longer fulfil the duties of an inspector or
inspection assistant.
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20. The Technical Secretariat shall keep the list of inspectors
and inspection assistants up to date and notify all States Parties
of any additions or changes to the list.
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21. A State Party requesting an on-site inspection may
propose that an inspector from the list of inspectors and
inspection assistants serve as its observer in accordance with
Article IV, paragraph 61.
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22. Subject to paragraph 23, a State Party shall have the right
at any time to object to an inspector or inspection assistant who
has already been accepted. It shall notify the Technical Secretariat
of its objection in writing and may include the reason for the
objection. Such objection shall come into effect 30 days after
receipt of the notification by the Technical Secretariat. The
Technical Secretariat shall immediately confirm receipt of the
notification of the objection and inform the objecting and
nominating States Parties of the date on which the inspector or
inspection assistant shall cease to be designated for that State
Party.
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23. A State Party that has been notified of an inspection shall
not seek the removal from the inspection team of any of the
inspectors or inspection assistants named in the inspection
mandate.
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24. The number of inspectors and inspection assistants
accepted by a State Party must be sufficient to allow for
availability of appropriate numbers of inspectors and inspection
assistants. If, in the opinion of the Director-General, the
non-acceptance by a State Party of proposed inspectors or
inspection assistants impedes the designation of a sufficient
number of inspectors and inspection assistants or otherwise
hampers the effective fulfilment of the purposes of an on-site
inspection, the Director-General shall refer the issue to the
Executive Council.
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25. Each inspector included in the list of inspectors and
inspection assistants shall receive relevant training. Such training
shall be provided by the Technical Secretariat pursuant to the
procedures specified in the Operational Manual for On-Site
Inspections. The Technical Secretariat shall co-ordinate, in
agreement with the States Parties, a schedule of training for the
inspectors.
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26. Following acceptance of the initial list of inspectors and
inspection assistants as provided for in paragraph 18 or as
subsequently altered in accordance with paragraph 19, each State
Party shall be obliged to issue, in accordance with its national
procedures and upon application by an inspector or inspection
assistant, multiple entry/exit and/or transit visas and other
relevant documents to enable each inspector and inspection
assistant to enter and to remain on the territory of that State Party
for the sole purpose of carrying out inspection activities. Each
State Party shall issue the necessary visa or travel documents for
this purpose no later than 48 hours after receipt of the application
or immediately upon arrival of the inspection team at the point of
entry on the territory of the State Party. Such documents shall be
valid for as long as is necessary to enable the inspector or
inspection assistant to remain on the territory of the inspected
State Party for the sole purpose of carrying out the inspection
activities.
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27. To exercise their functions effectively, members of the
inspection team shall be accorded privileges and immunities as
set forth in sub-paragraphs (a) to (i). Privileges and immunities
shall be granted to members of the inspection team for the sake
of this Treaty and not for the personal benefit of the individuals
themselves. Such privileges and immunities shall be accorded to
them for the entire period between arrival on and departure from
the territory of the inspected State Party, and thereafter with
respect to acts previously performed in the exercise of their
official functions.
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(a) The members of the inspection team shall be accorded the
inviolability enjoyed by diplomatic agents pursuant to Article
29 of the Vienna Convention on Diplomatic Relations of 18
April 1961;
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(b) The living quarters and office premises occupied by the
inspection team carrying out inspection activities pursuant to
this Treaty shall be accorded the inviolability and protection
accorded to the premises of diplomatic agents pursuant to
Article 30, paragraph 1, of the Vienna Convention on
Diplomatic Relations;
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(c) The papers and correspondence, including records, of the
inspection team shall enjoy the inviolability accorded to all
papers and correspondence of diplomatic agents pursuant to
Article 30, paragraph 2, of the Vienna Convention on
Diplomatic Relations. The inspection team shall have the right
to use codes for their communications with the Technical
Secretariat;
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(d) Samples and approved equipment carried by members of
the inspection team shall be inviolable subject to provisions
contained in this Treaty and exempt from all customs duties.
Hazardous samples shall be transported in accordance with
relevant regulations;
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(e) The members of the inspection team shall be accorded the
immunities accorded to diplomatic agents pursuant to Article
31, paragraphs 1, 2 and 3, of the Vienna Convention on
Diplomatic Relations;
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(f) The members of the inspection team carrying out
prescribed activities pursuant to this Treaty shall be accorded
the exemption from dues and taxes accorded to diplomatic
agents pursuant to Article 34 of the Vienna Convention on
Diplomatic Relations;
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(g) The members of the inspection team shall be permitted to
bring into the territory of the inspected State Party, without
payment of any customs duties or related charges, articles for
personal use, with the exception of articles the import or
export of which is prohibited by law or controlled by
quarantine regulations;
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(h) The members of the inspection team shall be accorded the
same currency and exchange facilities as are accorded to
representatives of foreign Governments on temporary official
missions; and
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(i) The members of the inspection team shall not engage in any
professional or commercial activity for personal profit on the
territory of the inspected State Party.
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28. When transiting the territory of States Parties other than
the inspected State Party, the members of the inspection team
shall be accorded the privileges and immunities enjoyed by
diplomatic agents pursuant to Article 40, paragraph 1, of the
Vienna Convention on Diplomatic Relations. Papers and
correspondence, including records, and samples and approved
equipment carried by them, shall be accorded the privileges and
immunities set forth in paragraph 27(c) and (d).
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29. Without prejudice to their privileges and immunities the
members of the inspection team shall be obliged to respect the
laws and regulations of the inspected State Party and, to the
extent that is consistent with the inspection mandate, shall be
obliged not to interfere in the internal affairs of that State. If the
inspected State Party considers that there has been an abuse of
privileges and immunities specified in this Protocol,
consultations shall be held between the State Party and the
Director-General to determine whether such an abuse has
occurred and, if so determined, to prevent a repetition of such an
abuse.
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30. The immunity from jurisdiction of members of the
inspection team may be waived by the Director-General in those
cases when the Director-General is of the opinion that immunity
would impede the course of justice and that it can be waived
without prejudice to the implementation of the provisions of this
Treaty. Waiver must always be express.
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31. Observers shall be accorded the same privileges and
immunities accorded to members of the inspection team pursuant
to this section, except for those accorded pursuant to paragraph
27(d).
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32. Each State Party shall designate its points of entry and shall
supply the required information to the Technical Secretariat no
later than 30 days after this Treaty enters into force for it. These
points of entry shall be such that the inspection team can reach
any inspection area from at least one point of entry within 24
hours. Locations of points of entry shall be provided to all States
Parties by the Technical Secretariat. Points of entry may also
serve as points of exit.
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33. Each State Party may change its points of entry by giving
notice of such change to the Technical Secretariat. Changes shall
become effective 30 days after the Technical Secretariat receives
such notification, to allow appropriate notification to all States
Parties.
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34. If the Technical Secretariat considers that there are
insufficient points of entry for the timely conduct of inspections
or that changes to the points of entry proposed by a State Party
would hamper such timely conduct of inspections, it shall enter
into consultations with the State Party concerned to resolve the
problem.
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35. Where timely travel to the point of entry is not feasible
using scheduled commercial flights, an inspection team may
utilize non-scheduled aircraft. No later than 30 days after this
Treaty enters into force for it, each State Party shall inform the
Technical Secretariat of the standing diplomatic clearance
number for non-scheduled aircraft transporting an inspection
team and equipment necessary for inspection. Aircraft routings
shall be along established international airways that are agreed
upon between the State Party and the Technical Secretariat as the
basis for such diplomatic clearance.
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36. The Conference, at its initial session, shall consider and
approve a list of equipment for use during on-site inspections.
Each State Party may submit proposals for the inclusion of
equipment in the list. Specifications for the use of the equipment,
as detailed in the Operational Manual for On-Site Inspections,
shall take account of safety and confidentiality considerations
where such equipment is likely to be used.
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37. The equipment for use during on-site inspections shall
consist of core equipment for the inspection activities and
techniques specified in paragraph 69 and auxiliary equipment
necessary for the effective and timely conduct of on-site
inspections.
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38. The Technical Secretariat shall ensure that all types of
approved equipment are available for on-site inspections when
required. When required for an on-site inspection, the Technical
Secretariat shall duly certify that the equipment has been
calibrated, maintained and protected. To facilitate the checking
of the equipment at the point of entry by the inspected State Party,
the Technical Secretariat shall provide documentation and attach
seals to authenticate the certification.
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39. Any permanently held equipment shall be in the custody
of the Technical Secretariat. The Technical Secretariat shall be
responsible for the maintenance and calibration of such
equipment.
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40. As appropriate, the Technical Secretariat shall make
arrangements with States Parties to provide equipment
mentioned in the list. Such States Parties shall be responsible for
the maintenance and calibration of such equipment.
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41. Pursuant to Article IV, paragraph 37, the on-site inspection
request shall contain at least the following information:
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(a) The estimated geographical and vertical co-ordinates of
the location of the event that triggered the request with an
indication of the possible margin of error;
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(b) The proposed boundaries of the area to be inspected,
specified on a map and in accordance with paragraphs 2 and
3;
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(c) The State Party or States Parties to be inspected or an
indication that the area to be inspected or part thereof is
beyond the jurisdiction or control of any State;
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(d) The probable environment of the event that triggered the
request;
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(e) The estimated time of the event that triggered the request,
with an indication of the possible margin of error;
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(f) All data upon which the request is based;
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(g) The personal details of the proposed observer, if any; and
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(h) The results of a consultation and clarification process in
accordance with Article IV, or an explanation, if relevant, of
the reasons why such a consultation and clarification process
has not been carried out.
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42. The mandate for an on-site inspection shall contain:
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(a) The decision of the Executive Council on the on-site
inspection request;
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(b) The name of the State Party or States Parties to be inspected
or an indication that the inspection area or part thereof is
beyond the jurisdiction or control of any State;
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(c) The location and boundaries of the inspection area
specified on a map, taking into account all information on
which the request was based and all other available technical
information, in consultation with the requesting State Party;
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(d) The planned types of activity of the inspection team in the
inspection area;
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(e) The point of entry to be used by the inspection team;
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(f) Any transit or basing points, as appropriate;
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(g) The name of the head of the inspection team;
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(h) The names of members of the inspection team;
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(i) The name of the proposed observer, if any; and
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(j) The list of equipment to be used in the inspection area.
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If a decision by the Executive Council pursuant to Article IV,
paragraphs 46 to 49, necessitates a modification of the inspection
mandate, the Director-General may update the mandate with
respect to sub-paragraphs (d), (h) and (j), as appropriate. The
Director-General shall immediately notify the inspected State
Party of any such modification.
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43. The notification made by the Director-General pursuant to
Article IV, paragraph 55 shall include the following information:
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(a) The inspection mandate;
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(b) The date and estimated time of arrival of the inspection
team at the point of entry;
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(c) The means of arrival at the point of entry;
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(d) If appropriate, the standing diplomatic clearance number
for non-scheduled aircraft; and
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(e) A list of any equipment which the Director-General
requests the inspected State Party to make available to the
inspection team for use in the inspection area.
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44. The inspected State Party shall acknowledge receipt of the
notification by the Director-General no later than 12 hours after
having received the notification.
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45. The inspected State Party that has been notified of the
arrival of the inspection team shall ensure the immediate entry of
the inspection team into its territory.
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46. When a non-scheduled aircraft is used for travel to the
point of entry, the Technical Secretariat shall provide the
inspected State Party with a flight plan, through the National
Authority, for the flight of the aircraft from the last airfield prior
to entering the airspace of that State Party to the point of entry,
no less than six hours before the scheduled departure time from
that airfield. Such a plan shall be filed in accordance with the
procedures of the International Civil Aviation Organization
applicable to civil aircraft. The Technical Secretariat shall include
in the remarks section of the flight plan the standing diplomatic
clearance number and the appropriate notation identifying the
aircraft as an inspection aircraft. If a military aircraft is used, the
Technical Secretariat shall request prior authorization from the
inspected State Party to enter its airspace.
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47. No less than three hours before the scheduled departure of
the inspection team from the last airfield prior to entering the
airspace of the inspected State Party, the inspected State Party
shall ensure that the flight plan filed in accordance with
paragraph 46 is approved, so that the inspection team may arrive
at the point of entry by the estimated arrival time.
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48. Where necessary, the head of the inspection team and the
representative of the inspected State Party shall agree on a basing
point and a flight plan from the point of entry to the basing point
and, if necessary, to the inspection area.
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49. The inspected State Party shall provide for or arrange
parking, security protection, servicing and fuel as required by the
Technical Secretariat for the aircraft of the inspection team at the
point of entry and, where necessary, at the basing point and at the
inspection area. Such aircraft shall not be liable for landing fees,
departure tax, and similar charges. This paragraph shall also
apply to aircraft used for overflight during the on-site inspection.
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50. Subject to paragraph 51, there shall be no restriction by the
inspected State Party on the inspection team bringing approved
equipment that is in conformity with the inspection mandate into
the territory of that State Party, or on its use in accordance with
the provisions of the Treaty and this Protocol.
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51. The inspected State Party shall have the right, without
prejudice to the time-frame specified in paragraph 54, to check
in the presence of inspection team members at the point of entry
that the equipment has been approved and certified in accordance
with paragraph 38. The inspected State Party may exclude
equipment that is not in conformity with the inspection mandate
or that has not been approved and certified in accordance with
paragraph 38.
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52. Immediately upon arrival at the point of entry and without
prejudice to the time-frame specified in paragraph 54, the head
of the inspection team shall present to the representative of the
inspected State Party the inspection mandate and an initial
inspection plan prepared by the inspection team specifying the
activities to be carried out by it. The inspection team shall be
briefed by representatives of the inspected State Party with the
aid of maps and other documentation as appropriate. The
briefing shall include relevant natural terrain features, safety and
confidentiality issues, and logistical arrangements for the
inspection. The inspected State Party may indicate locations
within the inspection area that, in its view, are not related to the
purpose of the inspection.
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53. After the pre-inspection briefing, the inspection team
shall, as appropriate, modify the initial inspection plan, taking
into account any comments by the inspected State Party. The
modified inspection plan shall be made available to the
representative of the inspected State Party.
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54. The inspected State Party shall do everything in its power
to provide assistance and to ensure the safe conduct of the
inspection team, the approved equipment specified in paragraphs
50 and 51 and baggage from the point of entry to the inspection
area no later than 36 hours after arrival at the point of entry, if no
other timing has been agreed upon within the time-frame
specified in paragraph 57.
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55. To confirm that the area to which the inspection team has
been transported corresponds to the inspection area specified in
the inspection mandate, the inspection team shall have the right
to use approved location-finding equipment. The inspected State
Party shall assist the inspection team in this task.
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56. The inspection team shall discharge its functions in
accordance with the provisions of the Treaty and this Protocol.
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57. The inspection team shall begin its inspection activities in
the inspection area as soon as possible, but in no case later than
72 hours after arrival at the point of entry.
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58. The activities of the inspection team shall be so arranged
as to ensure the timely and effective discharge of its functions and
the least possible inconvenience to the inspected State Party and
disturbance to the inspection area.
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59. In cases where the inspected State Party has been
requested, pursuant to paragraph 43(e) or in the course of the
inspection, to make available any equipment for use by the
inspection team in the inspection area, the inspected State Party
shall comply with the request to the extent it can.
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60. During the on-site inspection the inspection team shall
have, inter alia:
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(a) The right to determine how the inspection will proceed,
consistent with the inspection mandate and taking into
account any steps taken by the inspected State Party consistent
with the provisions on managed access;
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(b) The right to modify the inspection plan, as necessary, to
ensure the effective execution of the inspection;
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(c) The obligation to take into account the recommendations
and suggested modifications by the inspected State Party to
the inspection plan;
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(d) The right to request clarifications in connection with
ambiguities that may arise during the inspection;
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(e) The obligation to use only those techniques specified in
paragraph 69 and to refrain from activities that are not relevant
to the purpose of the inspection. The team shall collect and
document such facts as are related to the purpose of the
inspection, but shall neither seek nor document information
that is clearly unrelated thereto. Any material collected and
subsequently found not to be relevant shall be returned to the
inspected State Party;
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(f) The obligation to take into account and include in its report
data and explanations on the nature of the event that triggered
the request, provided by the inspected State Party from the
national monitoring networks of the inspected State Party and
from other sources;
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(g) The obligation to provide the inspected State Party, at its
request, with copies of the information and data collected in
the inspection area; and
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(h) The obligation to respect the confidentiality and the safety
and health regulations of the inspected State Party.
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61. During the on-site inspection the inspected State Party
shall have, inter alia:
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(a) The right to make recommendations at any time to the
inspection team regarding possible modification of the
inspection plan;
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(b) The right and the obligation to provide a representative to
liaise with the inspection team;
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(c) The right to have representatives accompany the
inspection team during the performance of its duties and
observe all inspection activities carried out by the inspection
team. This shall not delay or otherwise hinder the inspection
team in the exercise of its functions;
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(d) The right to provide additional information and to request
the collection and documentation of additional facts it
believes are relevant to the inspection;
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(e) The right to examine all photographic and measurement
products as well as samples and to retain any photographs or
parts thereof showing sensitive sites not related to the purpose
of the inspection. The inspected State Party shall have the right
to receive duplicate copies of all photographic and
measurement products. The inspected State Party shall have
the right to retain photographic originals and first-generation
photographic products and to put photographs or parts thereof
under joint seal within its territory. The inspected State Party
shall have the right to provide its own camera operator to take
still/video photographs as requested by the inspection team.
Otherwise, these functions shall be performed by members of
the inspection team;
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(f) The right to provide the inspection team, from its national
monitoring networks and from other sources, with data and
explanations on the nature of the event that triggered the
request; and
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(g) The obligation to provide the inspection team with such
clarification as may be necessary to resolve any ambiguities
that arise during the inspection.
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62. The members of the inspection team shall have the right
at all times during the on-site inspection to communicate with
each other and with the Technical Secretariat. For this purpose
they may use their own duly approved and certified equipment
with the consent of the inspected State Party, to the extent that the
inspected State Party does not provide them with access to other
telecommunications.
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63. In accordance with Article IV, paragraph 61, the
requesting State Party shall liaise with the Technical Secretariat
to co-ordinate the arrival of the observer at the same point of entry
or basing point as the inspection team within a reasonable period
of the arrival of the inspection team.
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64. The observer shall have the right throughout the
inspection to be in communication with the embassy of the
requesting State Party located in the inspected State Party or, in
the case of absence of an embassy, with the requesting State Party
itself.
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65. The observer shall have the right to arrive at the inspection
area and to have access to and within the inspection area as
granted by the inspected State Party.
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66. The observer shall have the right to make
recommendations to the inspection team throughout the
inspection.
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67. Throughout the inspection, the inspection team shall keep
the observer informed about the conduct of the inspection and the
findings.
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68. Throughout the inspection, the inspected State Party shall
provide or arrange for the amenities necessary for the observer
similar to those enjoyed by the inspection team as described in
paragraph 11. All costs in connection with the stay of the
observer on the territory of the inspected State Party shall be
borne by the requesting State Party.
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69. The following inspection activities may be conducted and
techniques used, in accordance with the provisions on managed
access, on collection, handling and analysis of samples, and on
overflights:
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(a) Position finding from the air and at the surface to confirm
the boundaries of the inspection area and establish
co-ordinates of locations therein, in support of the inspection
activities;
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(b) Visual observation, video and still photography and
multi-spectral imaging, including infrared measurements, at
and below the surface, and from the air, to search for anomalies
or artifacts;
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(c) Measurement of levels of radioactivity above, at and below
the surface, using gamma radiation monitoring and energy
resolution analysis from the air, and at or under the surface, to
search for and identify radiation anomalies;
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(d) Environmental sampling and analysis of solids, liquids
and gases from above, at and below the surface to detect
anomalies;
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(e) Passive seismological monitoring for aftershocks to
localize the search area and facilitate determination of the
nature of an event;
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(f) Resonance seismometry and active seismic surveys to
search for and locate underground anomalies, including
cavities and rubble zones;
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(g) Magnetic and gravitational field mapping, ground
penetrating radar and electrical conductivity measurements at
the surface and from the air, as appropriate, to detect anomalies
or artifacts; and
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(h) Drilling to obtain radioactive samples.
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70. Up to 25 days after the approval of the on-site inspection
in accordance with Article IV, paragraph 46, the inspection team
shall have the right to conduct any of the activities and use any
of the techniques listed in paragraph 69(a) to (e). Following the
approval of the continuation of the inspection in accordance with
Article IV, paragraph 47, the inspection team shall have the right
to conduct any of the activities and use any of the techniques
listed in paragraph 69(a) to (g). The inspection team shall only
conduct drilling after the approval of the Executive Council in
accordance with Article IV, paragraph 48. If the inspection team
requests an extension of the inspection duration in accordance
with Article IV, paragraph 49, it shall indicate in its request which
of the activities and techniques listed in paragraph 69 it intends
to carry out in order to be able to fulfil its mandate.
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71. The inspection team shall have the right to conduct an
overflight over the inspection area during the on-site inspection
for the purposes of providing the inspection team with a general
orientation of the inspection area, narrowing down and
optimizing the locations for ground-based inspection and
facilitating the collection of factual evidence, using equipment
specified in paragraph 79.
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72. The overflight shall be conducted as soon as practically
possible. The total duration of the overflight over the inspection
area shall be no more than 12 hours.
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73. Additional overflights using equipment specified in
paragraphs 79 and 80 may be conducted subject to the agreement
of the inspected State Party.
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74. The area to be covered by overflights shall not extend
beyond the inspection area.
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75. The inspected State Party shall have the right to impose
restrictions or, in exceptional cases and with reasonable
justification, prohibitions on the overflight of sensitive sites not
related to the purpose of the inspection. Restrictions may relate
to the flight altitude, the number of passes and circling, the
duration of hovering, the type of aircraft, the number of
inspectors on board, and the type of measurements or
observations. If the inspection team considers that the restrictions
or prohibitions on the overflight of sensitive sites may impede the
fulfilment of its mandate, the inspected State Party shall make
every reasonable effort to provide alternative means of
inspection.
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76. Overflights shall be conducted according to a flight plan
duly filed and approved in accordance with aviation rules and
regulations of the inspected State Party. Flight safety regulations
of the inspected State Party shall be strictly observed throughout
all flying operations.
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77. During overflights landing should normally be authorized
only for purposes of staging or refuelling.
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78. Overflights shall be conducted at altitudes as requested by
the inspection team consistent with the activities to be conducted,
visibility conditions, as well as the aviation and the safety
regulations of the inspected State Party and its right to protect
sensitive information not related to the purposes of the
inspection. Overflights shall be conducted up to a maximum
altitude of 1500 metres above the surface.
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79. For the overflight conducted pursuant to paragraphs 71
and 72, the following equipment may be used on board the
aircraft:
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(b) Passive location-finding equipment;
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(d) Hand-held still cameras.
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80. For any additional overflights conducted pursuant to
paragraph 73, inspectors on board the aircraft may also use
portable, easily installed equipment for:
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(a) Multi-spectral (including infrared) imagery;
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(b) Gamma spectroscopy; and
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(c) Magnetic field mapping.
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81. Overflights shall be conducted with a relatively slow fixed
or rotary wing aircraft. The aircraft shall afford a broad,
unobstructed view of the surface below.
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82. The inspected State Party shall have the right to provide its
own aircraft, pre-equipped as appropriate in accordance with the
technical requirements of the relevant operational manual, and
crew. Otherwise, the aircraft shall be provided or rented by the
Technical Secretariat.
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83. If the aircraft is provided or rented by the Technical
Secretariat, the inspected State Party shall have the right to check
the aircraft to ensure that it is equipped with approved inspection
equipment. Such checking shall be completed within the
time-frame specified in paragraph 57.
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84. Personnel on board the aircraft shall consist of:
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(a) The minimum number of flight crew consistent with the
safe operation of the aircraft;
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(b) Up to four members of the inspection team;
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(c) Up to two representatives of the inspected State Party;
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(d) An observer, if any, subject to the agreement of the
inspected State Party; and
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(e) An interpreter, if necessary.
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85. Procedures for the implementation of overflights shall be
detailed in the Operational Manual for On-Site Inspections.
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86. The inspection team shall have the right to access the
inspection area in accordance with the provisions of the Treaty
and this Protocol.
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87. The inspected State Party shall provide access within the
inspection area in accordance with the time-frame specified in
paragraph 57.
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88. Pursuant to Article IV, paragraph 57 and paragraph 86
above, the rights and obligations of the inspected State Party shall
include:
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(a) The right to take measures to protect sensitive installations
and locations in accordance with this Protocol;
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(b) The obligation, when access is restricted within the
inspection area, to make every reasonable effort to satisfy the
requirements of the inspection mandate through alternative
means. Resolving any questions regarding one or more
aspects of the inspection shall not delay or interfere with the
conduct of the inspection team of other aspects of the
inspection; and
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(c) The right to make the final decision regarding any access
of the inspection team, taking into account its obligations
under this Treaty and the provisions on managed access.
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89. Pursuant to Article IV, paragraph 57(b) and paragraph
88(a) above, the inspected State Party shall have the right
throughout the inspection area to take measures to protect
sensitive installations and locations and to prevent disclosure of
confidential information not related to the purpose of the
inspection. Such measures may include, inter alia:
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(a) Shrouding of sensitive displays, stores, and equipment;
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(b) Restricting measurements of radionuclide activity and
nuclear radiation to determining the presence or absence of
those types and energies of radiation relevant to the purpose
of the inspection;
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(c) Restricting the taking of or analysing of samples to
determining the presence or absence of radioactive or other
products relevant to the purpose of the inspection;
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(d) Managing access to buildings and other structures in
accordance with paragraphs 90 and 91; and
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(e) Declaring restricted-access sites in accordance with
paragraphs 92 to 96.
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90. Access to buildings and other structures shall be deferred
until after the approval of the continuation of the on-site
inspection in accordance with Article IV, paragraph 47, except
for access to buildings and other structures housing the entrance
to a mine, other excavations, or caverns of large volume not
otherwise accessible. For such buildings and structures, the
inspection team shall have the right only of transit, as directed by
the inspected State Party, in order to enter such mines, caverns or
other excavations.
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91. If, following the approval of the continuation of the
inspection in accordance with Article IV, paragraph 47, the
inspection team demonstrates credibly to the inspected State
Party that access to buildings and other structures is necessary to
fulfil the inspection mandate and that the necessary activities
authorized in the mandate could not be carried out from the
outside, the inspection team shall have the right to gain access to
such buildings or other structures. The head of the inspection
team shall request access to a specific building or structure
indicating the purpose of such access, the specific number of
inspectors, as well as the intended activities. The modalities for
access shall be subject to negotiation between the inspection
team and the inspected State Party. The inspected State Party
shall have the right to impose restrictions or, in exceptional cases
and with reasonable justification, prohibitions, on the access to
buildings and other structures.
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92. When restricted-access sites are declared pursuant to
paragraph 89(e), each such site shall be no larger than four square
kilometres. The inspected State Party has the right to declare up
to 50 square kilometres of restricted-access sites. If more than one
restricted-access site is declared, each such site shall be separated
from any other such site by a minimum distance of 20 metres.
Each restricted-access site shall have clearly defined and
accessible boundaries.
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93. The size, location, and boundaries of restricted-access sites
shall be presented to the head of the inspection team no later than
the time that the inspection team seeks access to a location that
contains all or part of such a site.
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94. The inspection team shall have the right to place
equipment and take other steps necessary to conduct its
inspection up to the boundary of a restricted-access site.
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95. The inspection team shall be permitted to observe visually
all open places within the restricted-access site from the
boundary of the site.
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96. The inspection team shall make every reasonable effort to
fulfil the inspection mandate outside the declared
restricted-access sites prior to requesting access to such sites. If
at any time the inspection team demonstrates credibly to the
inspected State Party that the necessary activities authorized in
the mandate could not be carried out from the outside and that
access to a restricted-access site is necessary to fulfil the mandate,
some members of the inspection team shall be granted access to
accomplish specific tasks within the site. The inspected State
Party shall have the right to shroud or otherwise protect sensitive
equipment, objects and materials not related to the purpose of the
inspection. The number of inspectors shall be kept to the
minimum necessary to complete the tasks related to the
inspection. The modalities for such access shall be subject to
negotiation between the inspection team and the inspected State
Party.
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97. Subject to paragraphs 86 to 96 and 98 to 100, the
inspection team shall have the right to collect and remove
relevant samples from the inspection area.
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98. Whenever possible, the inspection team shall analyse
samples on-site. Representatives of the inspected State Party
shall have the right to be present when samples are analysed
on-site. At the request of the inspection team, the inspected State
Party shall, in accordance with agreed procedures, provide
assistance for the analysis of samples on-site. The inspection
team shall have the right to transfer samples for off-site analysis
at laboratories designated by the Organization only if it
demonstrates that the necessary sample analysis can not be
performed on-site.
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99. The inspected State Party shall have the right to retain
portions of all samples collected when these samples are analysed
and may take duplicate samples.
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100. The inspected State Party shall have the right to request
that any unused samples or portions thereof be returned.
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101. The designated laboratories shall conduct chemical and
physical analysis of the samples transferred for off-site analysis.
Details of such analysis shall be elaborated in the Operational
Manual for On-Site Inspections.
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102. The Director-General shall have the primary
responsibility for the security, integrity and preservation of
samples and for ensuring that the confidentiality of samples
transferred for off-site analysis is protected. The
Director-General shall do so in accordance with procedures
contained in the Operational Manual for On-Site Inspections.
The Director-General shall, in any case:
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(a) Establish a stringent regime governing the collection,
handling, transport and analysis of samples;
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(b) Certify the laboratories designated to perform different
types of analysis;
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(c) Oversee the standardization of equipment and procedures
at these designated laboratories and of mobile analytical
equipment and procedures;
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(d) Monitor quality control and overall standards in relation to
the certification of these laboratories and in relation to mobile
equipment and procedures; and
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(e) Select from among the designated laboratories those which
shall perform analytical or other functions in relation to
specific investigations.
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103. When off-site analysis is to be performed, samples shall
be analysed in at least two designated laboratories. The Technical
Secretariat shall ensure the expeditious processing of the
analysis. The samples shall be accounted for by the Technical
Secretariat and any unused samples or portions thereof shall be
returned to the Technical Secretariat.
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104. The Technical Secretariat shall compile the results of the
laboratory analysis of samples relevant to the purpose of the
inspection. Pursuant to Article IV, paragraph 63, the
Director-General shall transmit any such results promptly to the
inspected State Party for comments and thereafter to the
Executive Council and to all other States Parties and shall include
detailed information concerning the equipment and
methodology employed by the designated laboratories.
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105. In case of an on-site inspection in an area beyond the
jurisdiction or control of any State, the Director-General shall
consult with the appropriate States Parties and agree on any
transit or basing points to facilitate a speedy arrival of the
inspection team in the inspection area.
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106. The States Parties on whose territory transit or basing
points are located shall, as far as possible, assist in facilitating the
inspection, including transporting the inspection team, its
baggage and equipment to the inspection area, as well as
providing the relevant amenities specified in paragraph 11. The
Organization shall reimburse assisting States Parties for all costs
incurred.
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107. Subject to the approval of the Executive Council, the
Director-General may negotiate standing arrangements with
States Parties to facilitate assistance in the event of an on-site
inspection in an area beyond the jurisdiction or control of any
State.
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108. In cases where one or more States Parties have conducted
an investigation of an ambiguous event in an area beyond the
jurisdiction or control of any State before a request is made for
an on-site inspection in that area, any results of such investigation
may be taken into account by the Executive Council in its
deliberations pursuant to Article IV.
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109. Upon conclusion of the inspection, the inspection team
shall meet with the representative of the inspected State Party to
review the preliminary findings of the inspection team and to
clarify any ambiguities. The inspection team shall provide the
representative of the inspected State Party with its preliminary
findings in written form according to a standardized format,
together with a list of any samples and other material taken from
the inspection area pursuant to paragraph 98. The document shall
be signed by the head of the inspection team. In order to indicate
that he or she has taken notice of the contents of the document,
the representative of the inspected State Party shall countersign
the document. The meeting shall be completed no later than 24
hours after the conclusion of the inspection.
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110. Upon completion of the post-inspection procedures, the
inspection team and the observer shall leave, as soon as possible,
the territory of the inspected State Party. The inspected State
Party shall do everything in its power to provide assistance and
to ensure the safe conduct of the inspection team, equipment and
baggage to the point of exit. Unless agreed otherwise by the
inspected State Party and the inspection team, the point of exit
used shall be the same as the point of entry.
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1. Pursuant to Article IV, paragraph 68, each State Party shall,
on a voluntary basis, provide the Technical Secretariat with
notification of any chemical explosion using 300 tonnes or
greater of TNT-equivalent blasting material detonated as a single
explosion anywhere on its territory, or at any place under its
jurisdiction or control. If possible, such notification shall be
provided in advance. Such notification shall include details on
location, time, quantity and type of explosive used, as well as on
the configuration and intended purpose of the blast.
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2. Each State Party shall, on a voluntary basis, as soon as
possible after the entry into force of this Treaty provide to the
Technical Secretariat, and at annual intervals thereafter update,
information related to its national use of all other chemical
explosions greater than 300 tonnes TNT-equivalent. In
particular, the State Party shall seek to advise:
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(a) The geographic locations of sites where the explosions
originate;
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(b) The nature of activities producing them and the general
profile and frequency of such explosions;
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(c) Any other relevant detail, if available; and
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to assist the Technical Secretariat in clarifying the origins of any
such event detected by the International Monitoring System.
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3. A State Party may, on a voluntary and mutually-acceptable
basis, invite representatives of the Technical Secretariat or of
other States Parties to visit sites within its territory referred to in
paragraphs 1 and 2.
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4. For the purpose of calibrating the International Monitoring
System, States Parties may liaise with the Technical Secretariat
to carry out chemical calibration explosions or to provide
relevant information on chemical explosions planned for other
purposes.
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