§ 6724. — Procedures for inspections.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6724]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 75--CHEMICAL WEAPONS CONVENTION IMPLEMENTATION
SUBCHAPTER II--INSPECTIONS
Sec. 6724. Procedures for inspections
(a) Types of inspections
Each inspection of a plant, plant site, or other facility or
location in the United States under the Convention shall be conducted in
accordance with this section and section 6725 of this title, except
where other procedures are provided in a facility agreement entered into
under section 6722 of this title.
(b) Notice
(1) In general
An inspection referred to in subsection (a) of this section may
be made only upon issuance of an actual written notice by the United
States National Authority to the owner and to the operator,
occupant, or agent in charge of the premises to be inspected.
(2) Time of notification
The notice for a routine inspection shall be submitted to the
owner and to the operator, occupant, or agent in charge within six
hours of receiving the notification of the inspection from the
Technical Secretariat or as soon as possible thereafter. Notice for
a challenge inspection shall be provided at any appropriate time
determined by the United States National Authority. Notices may be
posted prominently at the plant, plant site, or other facility or
location if the United States is unable to provide actual written
notice to the owner, operator, or agent in charge of the premises.
(3) Content of notice
(A) In general
The notice under paragraph (1) shall include all appropriate
information supplied by the Technical Secretariat to the United
States National Authority concerning--
(i) the type of inspection;
(ii) the basis for the selection of the plant, plant
site, or other facility or location for the type of
inspection sought;
(iii) the time and date that the inspection will begin
and the period covered by the inspection; and
(iv) the names and titles of the inspectors.
(B) Special rule for challenge inspections
In the case of a challenge inspection pursuant to Article IX
of the Convention, the notice shall also include all appropriate
evidence or reasons provided by the requesting state party to
the Convention for seeking the inspection.
(4) Separate notices required
A separate notice shall be provided for each inspection, except
that a notice shall not be required for each entry made during the
period covered by the inspection.
(c) Credentials
The head of the inspection team of the Technical Secretariat and the
accompanying employees of the Federal Government (and, in the case of an
inspection of a United States Government facility, any accompanying
contractor personnel) shall display appropriate identifying credentials
to the owner, operator, occupant, or agent in charge of the premises
before the inspection is commenced.
(d) Timeframe for inspections
Consistent with the provisions of the Convention, each inspection
shall be commenced and completed with reasonable promptness and shall be
conducted at reasonable times, within reasonable limits, and in a
reasonable manner.
(e) Scope
(1) In general
Except as provided in a warrant issued under section 6725 of
this title or a facility agreement entered into under section 6722
of this title, an inspection conducted under this subchapter may
extend to all things within the premises inspected (including
records, files, papers, processes, controls, structures and
vehicles) related to whether the requirements of the Convention
applicable to such premises have been complied with.
(2) Exception
Unless required by the Convention, no inspection under this
subchapter shall extend to--
(A) financial data;
(B) sales and marketing data (other than shipment data);
(C) pricing data;
(D) personnel data;
(E) research data;
(F) patent data;
(G) data maintained for compliance with environmental or
occupational health and safety regulations; or
(H) personnel and vehicles entering and personnel and
personal passenger vehicles exiting the facility.
(f) Sampling and safety
(1) In general
The Director of the United States National Authority is
authorized to require the provision of samples to a member of the
inspection team of the Technical Secretariat in accordance with the
provisions of the Convention. The owner or the operator, occupant or
agent in charge of the premises to be inspected shall determine
whether the sample shall be taken by representatives of the premises
or the inspection team or other individuals present. No sample
collected in the United States pursuant to an inspection permitted
by this chapter may be transferred for analysis to any laboratory
outside the territory of the United States.
(2) Compliance with regulations
In carrying out their activities, members of the inspection team
of the Technical Secretariat and representatives of agencies or
departments accompanying the inspection team shall observe safety
regulations established at the premises to be inspected, including
those for protection of controlled environments within a facility
and for personal safety.
(g) Coordination
The appropriate representatives of the United States, as designated,
if present, shall assist the owner and the operator, occupant or agent
in charge of the premises to be inspected in interacting with the
members of the inspection team of the Technical Secretariat.
(Pub. L. 105-277, div. I, title III, Sec. 304, Oct. 21, 1998, 112 Stat.
2681-874; Pub. L. 107-107, div. A, title XII, Sec. 1204(b), Dec. 28,
2001, 115 Stat. 1247.)
References in Text
This chapter, referred to in subsec. (f)(1), was in the original
``this Act'' and was translated as reading ``this division'', meaning
div. I of Pub. L. 105-277, Oct. 21, 1998, 112 Stat. 2681-856, known as
the Chemical Weapons Convention Implementation Act of 1998, to reflect
the probable intent of Congress. For complete classification of division
I to the Code, see Short Title note set out under section 6701 of this
title and Tables.
Amendments
2001--Subsec. (c). Pub. L. 107-107 substituted ``Federal Government
(and, in the case of an inspection of a United States Government
facility, any accompanying contractor personnel)'' for ``Federal
government''.
Section Referred to in Other Sections
This section is referred to in sections 6713, 6725 of this title.
