FACILITY AGREEMENTS
SUPPLEMENT NO. 3 TO PART 716
- SCHEDULE 2 MODEL FACILITY AGREEMENT
Draft Facility
Agreement between
the Organization for the Prohibition of Chemical Weapons
and the Government of the United States of America
Regarding On-site Inspections at the ____________________________________
Schedule 2 Plant Site
Located at __________________________________________________________
The Organization for the Prohibition of Chemical
Weapons, hereinafter referred to as "Organization," and the
Government of the United States of America, hereinafter referred
to as "inspected State Party," both constituting the Parties
to this Agreement, have agreed on the following arrangements
in relation to the conduct of inspections pursuant to paragraph
4 of Article VI of the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on their Destruction, hereinafter referred to
as "the Convention," at (insert name of the plant site, its
precise location, including the address), declared under
paragraphs 7 and 8 of Article VI, hereinafter referred to
as "plant site":
Section 1. General Provisions
1. The purpose of this Agreement is to facilitate
the implementation of the provisions of the Convention in
relation to inspections conducted at the plant site pursuant
to paragraph 4 of Article VI of the Convention, and in accordance
with the obligations of the inspected State Party and the
Organization under the Convention.
2. Nothing in this Agreement shall be applied
or interpreted in a way that is contradictory to the provisions
of the Convention, including paragraph 1 of Article VII.1 In
case of inconsistency between this Agreement and the Convention,
the Convention shall prevail.
3. The Parties have agreed to apply for planning
purposes the general factors contained in Attachment 1.
4. The frequency and intensity of inspections
at the plant site are given in Part B of Attachment 1 and
reflect the risk assessment of the Organization conducted
pursuant to paragraphs 18, 20 and 24 of Part VII of the Verification
Annex.
5. The inspection team shall consist of no
more than _______ persons.
6. The language for communication between
the inspection team and the inspected State Party during
inspections shall be English.
7. The period of inspection shall not last
more than ninety-six (96) hours, unless an extension has
been agreed to by the inspected State Party and the inspection
team.
8. In case of any development due to circumstances
brought about by unforeseen events or acts of nature, which
could affect inspection activities at the plant site, the
inspected State Party shall notify the Organization and the
inspection team as soon as practically possible.
9. In case of need for the urgent departure,
emergency evacuation or urgent travel of inspector(s) from
the territory of the inspected State Party, the inspection
team leader shall inform the inspected State Party of such
a need. The inspected State Party shall arrange without undue
delay such departure, evacuation or travel. In all cases,
the inspected State Party shall determine the means of transportation
and routes to be taken. The costs of such departure, evacuation
or travel of inspectors shall be borne by the Organization.
10. Inspectors shall wear identification badges
at all times when on the premises of the plant site.
Section 2. Health and Safety
1. Health and safety matters during inspections
are governed by the Convention, the Organization's Health
and Safety Policy and Regulations, and applicable national,
local and plant site safety and environmental regulations.
The specific arrangements for implementing the relevant provisions
of the Convention and the Organization's Health and Safety
Policy in relation to inspections at the plant site are contained
in Attachment 2.
2. Pursuant to paragraph 1 of this section,
all applicable health and safety regulations relevant to
the conduct of the inspection at the plant site are listed
in Attachment 2 and shall be made available for use by the
inspection team at the plant site.
3. In case of the need to modify any health-
and safety-related arrangements at the plant site contained
in Attachment 2 to this Agreement bearing on the conduct
of inspections, the inspected State Party shall notify the
Organization. Any such modification shall apply provisionally
until the inspected State Party and the Organization have
reached agreement on this issue. In case no agreement has
been reached by the time of the completion of the inspection,
the relevant information may be included in the preliminary
factual findings. Any agreed modification shall be recorded
in Attachment 2 to this Agreement in accordance with paragraph
2 of Section 12 of this Agreement.
4. In the course of the pre-inspection briefing
the inspection team shall be briefed by the representatives
of the plant site on all health and safety matters which,
in the view of those representatives, are relevant to the
conduct of the inspection at the plant site, including:
- (a) the health and safety measures at the Schedule 2
plant(s) to be inspected and the likely risks that may
be encountered during the inspection;
- (b) any additional health and safety or regulations that
need to be observed at the plant site;
- (c) procedures to be followed in case of an accident
or in case of other emergencies, including a briefing
on emergency signals, routes and exits, and the location
of emergency meeting points and medical facilities;
and
- (d) specific inspection activities which must be limited
within particular areas at the plant site, and in particular
within those Schedule 2 plant(s) to be inspected under
the inspection mandate, for reasons of health and safety.
Upon request, the inspection team shall certify
receipt of any such information if it is provided in written
form.
5. During the course of an inspection, the
inspection team shall refrain from any action which by its
nature could endanger the safety of the team, the plant site,
or its personnel or could cause harm to the environment.
Should the inspected State Party refuse certain inspection
activities, it may explain the circumstances and safety considerations
involved, and shall provide alternative means for accomplishing
the inspection activities.
6. In the case of emergency situations or
accidents involving inspection team members while at the
plant site, the inspection team shall comply with the plant
site's emergency procedures and the inspected State Party
shall to the extent possible provide medical and other assistance
in a timely and effective manner with due regard to the rules
of medical ethics if medical assistance is requested. Information
on medical services and facilities to be used for this purpose
is contained in Part D of Attachment 2. If the Organization
undertakes other measures for medical support in regard to
inspection team members involved in emergency situations
or accidents, the inspected State Party will render assistance
to such measures to the extent possible. The Organization
will be responsible for the consequences of such measures.
7. The inspected State party shall, to the
extent possible, assist the Organization in carrying out
any inquiry into an accident or incident involving a member
of the inspection team.
8. If, for health and safety reasons given
by the inspected State Party, health and safety equipment
of the inspected State Party is required to be used by the
inspection team, the cost so incurred shall be borne by the
inspected State Party.
9. The inspection team may use its own approved
health and safety equipment. If the inspected State Party
determines it to be necessary, the inspected State Party
shall conduct a fit test on masks brought with the inspection
team. If the inspected State Party so requests on the basis
of confirmed contamination or hazardous waste requirements
or regulations, any such piece of equipment involved in the
inspection activities will be left at the plant site at the
end of the inspection. The inspection team reserves the right
to destroy equipment left at the plant site or witness its
destruction by agreed procedures. The inspected State Party
will reimburse the Organization for the loss of the inspection
team's equipment.
10. In accordance with the Organization's
Health and Safety Policy, the inspected State Party may provide
available data based on detection and monitoring, to the
agreed extent necessary to satisfy concerns that may exist
regarding the health and safety of the inspection team.
Section 3. Confidentiality
1. Matters related to confidentiality are
governed by the Convention, including its Confidentiality
Annex and paragraph 1 of Article VII, and the Organization's
Policy on Confidentiality. The specific arrangements for
implementing the provisions of the Convention and the Organization's
Policy on Confidentiality in relation to the protection of
confidential information at the plant site are contained
in Attachment 3.
2. Upon request, the inspected State Party
will procure a container to be placed under joint seal to
maintain documents that the inspection team, inspected State
Party, or the plant site representative decides to keep as
reference for future inspections. The inspected State Party
shall be reimbursed by the Organization for the purchase
of such container.
3. All documents, including photographs, provided
to the inspection team will be controlled as follows:
- (a) Information
to be taken off-site. Information relevant
to the finalization of the preliminary factual
findings that the inspected State Party permits
the inspection team to take off-site will be marked
and numbered by the inspected State Party. In accordance
with the inspected State Party's Procedures for
Information Control, markings on the information
will clearly state that the inspection team may
take it off-site and will contain a classification
pursuant to the Organization's Policy on Confidentiality
at a level requested by the inspected State Party.
The representative of the plant site will acknowledge
the release of such information in writing prior
to disclosure to the inspection team.
- (b) Information
restricted for use on-site. Information
that the inspected State Party permits the inspection
team to use on-site during inspections but not
take off-site will be marked and numbered by the
inspected State Party. In accordance with the inspected
State Party's Procedures for Information Control,
markings on the information will clearly restrict
its use on-site and will contain a classification
pursuant to the Organization's Policy on Confidentiality
at a level requested by the inspected State Party.
The representative of the plant site will acknowledge
the release of such information in writing prior
to disclosure to the inspection team. Upon conclusion
of the inspection, the inspection team shall return
the information to the inspected State Party, and
the plant site representative shall acknowledge
receipt in writing. If so requested by the inspection
team, the information can be placed in the joint
sealed container for future reference.
- (c) Information
restricted for use on-site and requiring direct
supervision. Information that the inspected
State Party permits the inspection team to use
on-site only under direct supervision of the inspected
State Party or the representative of the inspected
plant site will be marked and numbered by the inspected
State Party. In accordance with the inspected State
Party's Procedures for Information Control, markings
on the information will clearly restrict its use
on-site under direct supervision and will contain
a classification pursuant to the Organization's
Policy on Confidentiality at a level requested
by the inspected State Party. The representative
of the plant site will acknowledge the release
of such information in writing prior to disclosure
to the inspection team. The inspection team shall
return the information to the inspected State Party
immediately upon completion of review and the plant
site representative shall acknowledge receipt in
writing. If so requested by the inspection team,
the information can be placed in the joint sealed
container for future reference.
Section 4. Media and Public
Relations
1. Inspection team media and public relations
are governed by the Organization's Media and Public Relations
Policy. The specific arrangements for the inspection team's
contacts with the media or the public, if any, in relation
to inspections of the plant site are contained in Attachment
4.
Section 5. Inspection Equipment
1. As agreed between the inspected State Party
and the Organization, the approved equipment listed in Part
A of Attachment 5 and with which the inspected State Party
has been given the opportunity to familiarize itself will,
at the discretion of the Organization and on a routine basis,
be used specifically for the Schedule 2 inspection. The equipment
will be used in accordance with the Convention, the relevant
decisions taken by the Conference of States Parties, and
any agreed procedures contained in Attachment 5.
2. The provisions of paragraph 1 above are
without prejudice to paragraphs 27 to 29 of Part II of the
Verification Annex.
3. The items of equipment available on-site
and not belonging to the Organization which the inspected
State Party has volunteered to provide to the inspection
team upon its request for use on-site during the conduct
of inspections, together with any procedures for the use
of such equipment, if required, any requested support which
can be provided, and conditions for the provision of equipment
are listed in Part B of Attachment 5. Prior to any use of
such equipment, the inspection team may confirm that the
performance characteristics of such equipment are consistent
with those for similar Organization-approved equipment, or
-- with respect to items of equipment which are not on the
list of Organization-approved equipment -- are consistent
with the intended purpose for using such equipment.2
4. Requests from the inspection team for the
inspected State Party during the inspection to provide equipment
mentioned in paragraph 3 above shall be made in writing by
an authorized member of the inspection team using the form
contained in Attachment 5. The same procedure will also apply
to other requests of the inspection team in accordance with
paragraph 30 of Part II of the Verification Annex.
5. Agreed procedures for the decontamination
of any equipment are contained in Part C of Attachment 5.
Section 6. Pre-Inspection Activities
1. The inspection team shall be given a pre-inspection
briefing by the representatives of the plant site in accordance
with paragraph 37 of Part II of the Verification Annex. The
pre- inspection briefing shall include:
- (a) information on the plant site as described in Attachment
6;
- (b) health and safety specifications described in Section
2 above and detailed in Attachment 2;
- (c) any changes to the above-mentioned information since
the last inspection; and
- (d) information on administrative and logistical arrangements
additional to those contained in Attachment 11, if any,
that shall apply during the inspection, as contained
in Section 9.
2. Any information about the plant site that
the inspected State Party has volunteered to provide to the
inspection team during the pre-inspection briefing with indications
as to which information may be transferred off-site is referenced
in Part B of Attachment 6.
Section 7. Conduct of the Inspection
7.1 Standing Arrangements
1. The inspection period shall begin immediately
upon completion of the pre-inspection briefing unless agreed
otherwise.
2. Upon conclusion of the pre-inspection briefing,
the inspection team leader shall provide to the designated
representative of the inspected State Party a preliminary
inspection plan to facilitate the conduct of the inspection.
3. Arrangements for the conduct of a site
tour, if any, are contained in Attachment 7 to this Agreement.
4. Before commencement of inspection activities,
the inspection team leader shall inform the representative
of the inspected State Party about the initial steps to be
taken in implementing the inspection plan. The plan will
be adjusted by the inspection team as circumstances warrant
throughout the inspection process in consultation with the
inspected State Party as to its implementability in regard
to paragraph 40 of Part II of the Verification Annex.3
5. The inspection team leader shall inform
the representative of the inspected State Party during the
inspection in a timely manner about each subsequent step
to be taken by the inspection team in implementing the inspection
plan. Without prejudice to paragraph 40 of Part II of the
Verification Annex, this shall be done in time to allow the
inspected State Party to arrange for the necessary measures
to be taken to provide access and support to the inspection
team as appropriate without causing unnecessary delay in
the conduct of inspection activities.
6. At the beginning of the inspection, the
inspection team shall have the right to confirm the precise
location of the plant site utilizing visual and map reconnaissance,
a site diagram, or other suitable techniques.
7. The inspection team shall, upon request
of the inspected State Party, communicate with the personnel
of the plant site only in the presence of or through a representative
of the inspected State Party.
8. The inspected State Party shall, upon request,
provide a securable work space for the inspection team, including
adequate space for the storage of equipment. The inspection
team shall have the right to seal its work space. For ease
of inspection, the inspected State Party will work with the
plant site representative to provide work space at the plant
site, if possible.
7.2 Access to and Inspection of Areas,
Buildings and Structures
1. The focus of the inspection shall be the
declared Schedule 2 plant(s) within the declared plant site
as referenced in Attachment 8. If the inspection team requests
access to other parts of the plant site, access to these
areas shall be granted in accordance with the obligation
to provide clarification pursuant to paragraph 51 of Part
II and paragraph 25 of Part VII of the Verification Annex,
and in accordance with Attachment 8.
2. Pursuant to paragraph 45 of Part II of
the Verification Annex, the inspection team shall have unimpeded
access to the declared Schedule 2 plant(s) in accordance
with the relevant Articles and Annexes of the Convention
and Attachments 8, 9, and 10. Areas of the declared plant(s)
likely to be inspected are mentioned in paragraph 28 of Part
VII of the Verification Annex. Pursuant to Section C of Part
X of the Verification Annex, the inspection team shall have
managed access to the other areas of the plant site. Procedures
for access to these areas are contained in Attachment 8.
7.3 Access to and Inspection of Documentation
and Records
1. The agreed list of the documentation and
records to be routinely made available for inspection purposes,
mentioned in paragraph 26 of Part VII of the Verification
Annex, to the inspection team by the inspected State Party
during an inspection, as well as arrangements with regard
to access to such records for the purpose of protecting confidential
information, are contained in Attachment 9. Such documentation
and records will be provided upon request.
2. Only those records placed in the custody
of the inspection team that are attached to the preliminary
factual findings in accordance with Section 3 may leave the
premises. Those records placed in the custody of the inspection
team that are not attached to the preliminary factual findings
must be retained in the on-site container or returned to
the inspected State Party.
7.4 Sampling and Analysis
1. Without prejudice to paragraphs 52 to 58
of Part II of the Verification Annex, procedures for sampling
and analysis for verification purposes as mentioned in paragraph
27 of Part VII of the Verification Annex are contained in
Attachment 10 of this Agreement.
2. Sampling and analysis, for inspection purposes,
may be carried out to check whether undeclared scheduled
chemicals are detected. Each such sample will be split into
a minimum of four parts at the request of the inspection
team in accordance with Part C of Attachment 10. One part
shall be analyzed in a timely manner on-site. The second
part of the split sample may be controlled by the inspection
team for future reference and, if necessary, analysis off-site
at laboratories designated by the Organization. That part
of the sample may be destroyed at any time in the future
upon the decision of the inspection team but in any case
no later than 60 days after it was taken. The third part
may be retained by the inspected State Party. The fourth
part may be retained by the plant site.
3. Pursuant to paragraph 52 of the Part II
of the Verification Annex, representatives of the inspected
State Party or plant site shall take samples at the request
of the inspection team in the presence of inspectors. The
inspected State Party will inform the inspection team of
the authorized plant site representative's4 determination
of whether the sample shall be taken by representatives of
the plant site or the inspection team or other individuals
present. If inspectors are granted the right to take samples
themselves in accordance with paragraph 52 of Part II of
the Verification Annex, the relevant advance agreement between
the inspection team and the inspected State Party shall be
in writing. The representatives of the inspected State Party
and the inspected plant site shall have the right to be present
during sampling. Agreed conditions and procedures for such
sample collection are contained in Part B of Attachment 10
to this Agreement.
4. Plant site sampling equipment shall as
a rule be used for taking samples required for the purposes
of the inspection. This is without prejudice to the right
of the inspection team pursuant to paragraph 27 of Part II
of the Verification Annex to use its own approved sampling
equipment in accordance with paragraph 1 of Section 5 and
Parts A and B of Attachment 5 to this Agreement.
5. Should the inspection team request that
a sample be taken and the inspected State Party be unable
to accede or agree to the request, the inspected State Party
will make every reasonable effort to satisfy the inspection
team's concerns by other means to enable the inspection team
to fulfil its mandate. The inspected State Party will provide
a written explanation for its inability to accede or agree
to the request. Any such response shall be supported by relevant
document(s). The explanation of the inspected State Party
shall be included in the preliminary factual findings.
6. In accordance with paragraph 53 of Part
II of the Verification Annex, where possible, the analysis
of samples shall be performed on-site and the inspection
team shall have the right to perform on-site analysis of
samples using approved equipment brought by it for the splitting,
preparation, handling, analysis, integrity and transport
of samples. The assistance that will be provided by the inspected
State Party and the analysis procedures to be followed are
contained in Part D of Attachment 10 to this Agreement.
7. The inspection team may request the inspected
State Party to perform the analysis in the inspection team's
presence. The inspection team shall have the right to be
present during any sampling and analysis conducted by the
inspected State Party.
8. The results of such analysis shall be reported
in writing as soon as possible after the sample is taken.
9. The inspection team shall have the right
to request repeat analysis or clarification in connection
with ambiguities.
10. If at any time, and for any reason, on-site
analysis is not possible, the inspection team has the right
to have sample(s) analyzed off-site at Organization-designated
laboratories. In selecting such designated laboratories for
the off-site analysis, the Organization will give due regard
to requirements of the inspected State Party.
11. Transportation of samples will be in accordance
with the procedures outlined in Part E of Attachment 10.
12. If at any time, the inspected State Party
or plant site representative determines that inspection team
on-site analysis activities are not in accordance with the
facility agreement or agreed analysis procedures, or otherwise
pose a threat to safety or environmental regulations or laws,
the inspected State Party, in consultation with the plant
site representative, will cease these on-site analysis activities
pending resolution . If both parties cannot agree to proceed
with the analysis, the inspection team will document this
in its preliminary factual findings.
13. Conditions and procedures for the disposal
of hazardous materials generated during sampling and on-site
analysis during the inspection are contained in Part F of
Attachment 10 to this Agreement.
7.5 Arrangements for Interviews
1. The inspection team shall have the right,
subject to applicable United States legal protections for
individuals, to interview any plant site personnel in the
presence of representatives of the inspected State Party
with the purpose of establishing relevant facts in accordance
with paragraph 46 of Part II of the Verification Annex and
inspected State Party's policy and procedures. Agreed procedures
for conducting interviews are contained in Attachment 12.
2. The inspection team will submit to the
inspected State Party names and/or positions of those desired
for interviews. The requested individual(s) will be made
available to the inspection team no later than 24 hours after
submission of the formal request, unless agreed otherwise.
The inspection team may also be requested to submit questions
in writing prior to conducting interviews. The specific timing
and location of interviews will be determined with the plant
site in coordination with the inspected State Party and consistent
with adequate notification of the interviewees, and minimizing
the operation impacts on the plant site and individuals to
be interviewed.
3. The inspected State Party may recommend
to the inspection team that interviews be conducted in either "panel" or
individual formats. At a minimum, interviews will be conducted
with a member of the plant site staff and an inspected State
Party representative. Legal counsel may also be required
to be present by the inspected State Party. The interview
may be interrupted for consultation between the interviewee,
the plant site representative, the inspected State Party
representative, and legal counsel.
4. The inspected State Party will have the
right to restrict the content of interviews to information
directly related to the mandate or purpose of the inspection.
5. Outside the interview process and in discharging
their functions, inspectors shall communicate with personnel
of the plant site only through the representative(s) of the
inspected State Party.
7.6 Communications
1. In accordance with paragraph 44 of Part
II of the Verification Annex, the inspection team shall have
the right to communicate with the headquarters of the Technical
Secretariat. For this purpose they may use their own, duly
certified approved equipment, in accordance with paragraph
1 of Section 5. The representative of the inspected plant
site retains the right to control the use of communications
equipment in specific areas, building or structures if such
use would be incompatible with applicable safety or fire
regulations.
2. In case the inspection team and the inspected
State Party agree to use any of the inspected State Party's
communications equipment, the list of such equipment and
the provisions for its use are contained in Part B of Attachment
5 to this Agreement.
3. The agreed means of communication between
inspection team sub-teams in accordance with paragraph 44
of Part II of the Verification Annex are contained in Part
D of Attachment 5.
7.7 Photographs
1. In accordance with the provisions of paragraph
48 of Part II of the Verification Annex, the Confidentiality
Annex and inspected State Party's policy and procedures,
the inspection team shall have the right to have photographs
taken at their request by the representatives of the inspected
State Party or the inspected plant site. One camera of the
instant development type furnished by the inspection team
or the inspected State Party shall be used for taking identical
photographs in sequence. Cameras furnished by the inspection
team will remain either in their work space or equipment
storage area except when carried by inspection team members
for a specific inspection activity. Cameras will only be
used for specified inspection purposes. Personal cameras
are not allowed to be taken to the plant site.
2. Pursuant to the Confidentiality Annex,
the inspected State Party, in consultation with the plant
site representative, shall have the right to determine that
contents of the photographs conform to the stated purpose
of the photographs. The inspection team shall determine whether
photographs conform to those requested and, if not, repeat
photographs shall be taken. Photographs that do not meet
the satisfaction of both sides will be destroyed by the inspected
State Party in the presence of the inspection team. The inspection
team, the inspected State Party and the plant site, if so
requested, shall each retain one copy of every photograph.
The copies shall be signed, dated, and classified, in accordance
with Section 3, and note the location and subject of the
photograph and carry the same identification number. Agreed
procedures for photography are contained in Attachment 13.
3. The representative of the inspected plant
site has the right to object to the use of photographic equipment
in specific areas, buildings or structures if such use would
be incompatible with safety or fire regulations given the
characteristics of the chemicals stored in the area in question.
Restrictions for use are contained in Parts A and/or B of
Attachment 5 to this Agreement. If the objection is raised
due to safety concerns, the inspected State Party will, if
possible, furnish photographic equipment that meets the regulations.
If the use of photographic equipment is not permissible at
all in specific areas, buildings or structures for the reasons
stated above, the inspected State Party shall provide a written
explanation of its objection to the inspection team leader.
The explanation, along with the inspection team leader's
comments will be included in the inspection team's preliminary
factual findings.
Section 8. Debriefing and Preliminary
Findings
1. In accordance with paragraph 60 of Part
II of the Verification Annex, upon completion of an inspection
the inspection team shall meet with representatives of the
inspected State Party and the personnel responsible for the
inspection site to review the preliminary findings of the
inspection team and to clarify any ambiguities. The inspection
team shall provide to the representatives of the inspected
State Party its preliminary findings in written form according
to a standardized format, together with a list of any samples
and copies of written information and data gathered and other
material to be taken off-site. The document shall be signed
by the head of the inspection team. In order to indicate
that he has taken notice of the content of this document,
the representative of the inspected State Party shall countersign
the document. The meeting shall be completed not later than
24 hours after the completion of the inspection.
2. The document on preliminary findings shall
also include, inter alia, the list of results of analysis,
if conducted on-site, records of seals, and copies of photographs
to be retained by the inspection team. It will be prepared
in accordance with the preliminary findings format referenced
in Annex 5. Any substantive changes to this format will be
made only after consultation with the inspected State Party.
3. Before the conclusion of the debriefing,
the inspected State Party may provide comments and clarifications
to the inspection team on any issue related to the conduct
of the inspection. The inspection team shall provide to the
representative of the inspected State Party its preliminary
findings in written form sufficiently prior to the conclusion
of the debriefing to permit the inspected State Party to
prepare any comments and clarifications. The inspected State
Party's written comments and clarifications shall be attached
to the document on preliminary findings.
4. The inspection team shall depart from the
site upon the conclusion of the meeting on preliminary findings.
Section 9. Administrative Arrangements
1. The inspected State Party shall provide
or arrange for the provision of the amenities listed in detail
in Attachment 11 to the inspection team in a timely manner
throughout the duration of the inspection. The inspected
State Party shall be reimbursed by the Organization for such
costs incurred by the inspection team, unless agreed otherwise.
2. Requests from the inspection team for the
inspected State Party to provide or arrange amenities shall
be made in writing by an authorized member of the inspection
team5 using
the form contained in Attachment 11. Requests shall be made
as soon as the need for amenities has been identified. The
provision of such requested amenities shall be certified
in writing by the authorized member of the inspection team.
Copies of all such certified requests shall be kept by both
parties.
3. The inspection team has the right to refuse
extra amenities that in its view are not needed for the conduct
of the inspection.
Section 10. Liabilities
1. Any claim by the inspected State Party
against the Organization or by the Organization against the
inspected State Party in respect of any alleged damage or
injury resulting from inspections at the plant site in accordance
with this Agreement, without prejudice to paragraph 22 of
the Confidentiality Annex, shall be settled in accordance
with international law and, as appropriate, with the provisions
of Article XIV of the Convention.
Section 11. Status of Attachments
1. The Attachments form an integral part of
this Agreement. Any reference to the Agreement includes the
Attachments. However, in case of any inconsistency between
this Agreement and any Attachment, the sections of the Agreement
shall prevail.
Section 12. Amendments, Modifications
and Updates
1. Amendments to the sections of this Agreement
may be proposed by either Party and shall be agreed to and
enter into force under the same conditions as provided for
under paragraph 1 of Section 14.
2. Modifications to the Attachments of this
Agreement, other than Attachment 1 and Part B of Attachment
5, may be agreed upon at any time between the representative
of the Organization and the representative of the inspected
State Party, each being specifically authorized to do so.
The Director-General shall inform the Executive Council about
any such modifications. Each Party to this Agreement may
revoke its consent to a modification not later than four
weeks after it had been agreed upon. After this time period
the modification shall take effect.
3. The inspected State Party will update Part
A of Attachment 1 and Part B of Attachment 5, and Attachment
6 as necessary for the effective conduct of inspections.
The Organization will update Part B of Attachment 1 and Annex
5, subject to paragraph 2 of Section 8, as necessary for
the effective conduct of inspections.
Section 13. Settlement of Disputes
1. Any dispute between the Parties that may
arise out of the application or interpretation of this Agreement
shall be settled in accordance with Article XIV of the Convention.
Section 14. Entry into Force
1. This Agreement shall enter into force after
approval by the Executive Council and signature by the two
Parties. If the inspected State Party has additional internal
requirements, it shall so notify the Organization in writing
by the date of signature. In such cases, this Agreement shall
enter into force on the date that the inspected State Party
gives the Organization written notification that its internal
requirements for entry into force have been met.
Section 15. Duration and Termination
1. This Agreement shall cease to be in force
when the provisions of paragraph 12 of Part VII of the Verification
Annex no longer apply to this plant site, except if the continuation
of the Agreement is agreed by mutual consent of the Parties.
Done at ___ in ___ copies, in English, each
being equally authentic.6
ATTACHMENTS
The following attachments shall be completed
where applicable.
-
Attachment 1: |
General Factors for the Conduct
of Inspections |
Attachment 2: |
Health and Safety Requirements and Procedures |
Attachment 3: |
Specific Arrangements in Relation to the
Protection of Confidential Information
at the Plant Site |
Attachment 4: |
Arrangements for the Inspection Team's
Contacts with the Media or the Public |
Attachment 5: |
Inspection Equipment |
Attachment 6: |
Information on the Plant Site Provided
in Accordance with Section 6 |
Attachment 7: |
Arrangements for Site Tour |
Attachment 8: |
Access to the Plant Site in Accordance
with Section 7.2 |
Attachment 9: |
Records Routinely Made Available to the
Inspection Team at the Plant Site |
Attachment 10: |
Sampling and Analysis for Verification
Purposes |
Attachment 11: |
Administrative Arrangements |
Attachment 12: |
Agreed Procedures for Conducting Interviews |
Attachment 13: |
Agreed Procedures for Photography |
[ Attachments 1 through 13: these wide
documents open in a separate window ]
-
ANNEXES
Note: These annexes, inter alia, can
be attached if requested by the inspected State Party
-
Annex 1: |
Organization's Media and Public Relations
Policy |
Annex 2: |
Organization's Health and Safety
Policy and Regulations |
Annex 3: |
Organization's Policy on Confidentiality |
Annex 4: |
Plant Site Declaration |
Annex 5: |
Preliminary and Final Inspection
Report Formats |
Annex 6: |
Inspected State Party's Procedures
for Inspection Notification |
Annex 7: |
Inspected State Party's Procedures
for Information Control |
1 Each
State Party shall, in accordance with its constitutional
processes, adopt the necessary measures to implement
its obligations under this Convention.
2 i.e.
The inspection team may confirm that the performance
characteristics of such equipment meet the technical
requirements necessary to support the inspection
task intended to be accomplished.
3 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 plant site inspected. The inspection team shall
avoid unnecessarily hampering or delaying the operation
of the plant site and avoid affecting its safety.
In particular, the inspection team shall not operate
the plant site. If the inspection team considers
that, to fulfil the mandate, particular operations
should be carried out at the plant site, it shall
request the designated representative of the plant
site to have them performed.
4 The
authorized plant site representative is the owner
or the operator, occupant or agent in charge of
the premises being inspected.
5 The
name of the authorized member(s) of the inspection
team should be communicated to the inspected State
Party no later than at the Point of Entry.
6 The
language(s) to be chosen by the inspected State
Party from the languages of the Convention shall
be the same as the language(s) referred to in paragraph
6 of Section 1 of this Agreement.