§ 6722. — Facility agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6722]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 75--CHEMICAL WEAPONS CONVENTION IMPLEMENTATION
SUBCHAPTER II--INSPECTIONS
Sec. 6722. Facility agreements
(a) Authorization of inspections
Inspections by the Technical Secretariat of plants, plant sites, or
other facilities or locations for which the United States has a facility
agreement with the Organization shall be conducted in accordance with
the facility agreement. Any such facility agreement may not in any way
limit the right of the owner or operator of the facility to withhold
consent to an inspection request.
(b) Types of facility agreements
(1) Schedule 2 facilities
The United States National Authority shall ensure that facility
agreements for plants, plant sites, or other facilities or locations
that are subject to inspection pursuant to paragraph 4 of Article VI
of the Convention are concluded unless the owner, operator,
occupant, or agent in charge of the facility and the Technical
Secretariat agree that such an agreement is not necessary.
(2) Schedule 3 facilities
The United States National Authority shall ensure that facility
agreements are concluded for plants, plant sites, or other
facilities or locations that are subject to inspection pursuant to
paragraph 5 or 6 of Article VI of the Convention if so requested by
the owner, operator, occupant, or agent in charge of the facility.
(c) Notification requirements
The United States National Authority shall ensure that the owner,
operator, occupant, or agent in charge of a facility prior to the
development of the agreement relating to that facility is notified and,
if the person notified so requests, the person may participate in the
preparations for the negotiation of such an agreement. To the maximum
extent practicable consistent with the Convention, the owner and the
operator, occupant or agent in charge of a facility may observe
negotiations of the agreement between the United States and the
Organization concerning that facility.
(d) Content of facility agreements
Facility agreements shall--
(1) identify the areas, equipment, computers, records, data, and
samples subject to inspection;
(2) describe the procedures for providing notice of an
inspection to the owner, occupant, operator, or agent in charge of a
facility;
(3) describe the timeframes for inspections; and
(4) detail the areas, equipment, computers, records, data, and
samples that are not subject to inspection.
(Pub. L. 105-277, div. I, title III, Sec. 302, Oct. 21, 1998, 112 Stat.
2681-872.)
Section Referred to in Other Sections
This section is referred to in section 6724 of this title.
