[[CENTER]COLOR=Blue]PROTOCOL TO THE COMPREHENSIVE NUCLEAR TEST-BAN TREATY[/COLOR]

PART I

THE INTERNATIONAL MONITORING SYSTEM AND INTERNATIONAL
DATA CENTRE FUNCTIONS
A. GENERAL PROVISIONS
1. The International Monitoring System shall comprise monitoring facilities as set out
in Article IV, paragraph 16, and respective means of communication.
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.
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.
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.
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.
B. SEISMOLOGICAL MONITORING
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.
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.
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 fulfill 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.
C. RADIONUCLIDE MONITORING
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.
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.
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.
D. HYDROACOUSTIC MONITORING
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.
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.
E. INFRASOUND MONITORING
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.
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 an operational requirements specified in the
Operational Manual for Infrasound Monitoring and the International Exchange of
Infrasound Data.
F. INTERNATIONAL DATA CENTRE FUNCTIONS
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.
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 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.
International Data Centre Standard Products
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:
(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;
(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 characterising, 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;
© Executive summaries, which summarize 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
(d) Extracts or subsets of the standard International Data Centre products
specified in sub-paragraphs (a) to ©, selected according to the request of an
individual State Party.
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.
International Data Centre Services to States Parties
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:
(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;
(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
© 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.
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.
National Event Screening
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.
Technical Assistance
22. The International Data Centre shall, where required, provide technical assistance
to individual States Parties:
(a) In formulating their requirements for selection and screening of data and
products;
(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
© By assisting States Parties to develop the capability to receive, process and
analyse International Monitoring System data at a national data centre.
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.
PART II
ON-SITE INSPECTIONS
A. GENERAL PROVISIONS
1. The procedures in this Part shall be implemented pursuant to the provisions for onsite
inspections set out in Article IV.
2. The on-site inspection shall be carried out in the area where the event that triggered
the on-site inspection request occurred.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
13. Procedures for the implementation of on-site inspections shall be detailed in the
Operational Manual for On-Site Inspections.
B. STANDING ARRANGEMENTS
Designation of Inspectors and Inspection Assistants
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.
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.
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.
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.
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 nonacceptance.
The Technical Secretariat shall immediately confirm receipt of the
notification of objection.
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.
20. The Technical Secretariat shall keep the list of inspectors and inspection assistants
up to date and notify all States Parties of additions or changes to the list.
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.
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.
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.
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.
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.
Privileges and Immunities
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.
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.
(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;
(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;
© 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;
(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;
(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;
(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;
(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;
(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
(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.
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 © and (d).
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.
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.
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).
Points of Entry
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.
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.
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.
Arrangements for Use of Non-Scheduled Aircraft
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.
Approved Inspection Equipment
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.
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.
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.
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.
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.
C. ON-SITE INSPECTION REQUEST, INSPECTION MANDATE AND
NOTIFICATION OF INSPECTION
On-Site Inspection Request
41. Pursuant to Article IV, paragraph 37, the on-site inspection request shall contain at
least the following information:
(a) The estimated geographical and vertical coordinates of the location of the
event that triggered the request with an indication of the possible margin of
error;
(b) The proposed boundaries of the area to be inspected, specified on a map
and in accordance with paragraphs 2 and 3;
© 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;
(d) The probable environment of the event that triggered the request;
(e) The estimated time of the event that triggered the request, with an
indication of the possible margin of error;
(f) All data upon which the request is based;
(g) The personal details of the proposed observer, if any; and
(h) The results of a consultation and clarification process in accordance with
Article V, or an explanation, if relevant, of the reasons why such a
consultation and clarification process has not been carried out.
Inspection Mandate
42. The mandate for an on-site inspection shall contain:
(a) The decision of the Executive Council on the on-site inspection request;
(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;
© 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;
(d) The planned types of activity of the inspection team in the inspection area;
(e) The point of entry to be used by the inspection team;
(f) Any transit or basing points, as appropriate;
(g) The name of the head of the inspection team;
(h) The names of members of the inspection team;
(i) The name of the proposed observer, if any; and
(j) The list of equipment to be used in the inspection area.
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.
Notification of Inspection
43. The notification made by the Director-General pursuant to Article IV, paragraph
55 shall include the following information:
(a) The inspection mandate;
(b) The date and estimated time of arrival of the inspection team at the point of
entry;
© The means of arrival at the point of entry;
(d) If appropriate, the standing diplomatic clearance number for non-scheduled
aircraft; and
(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.
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.
D. PRE-INSPECTION ACTIVITIES
Entry Into the Territory of the Inspected State Party, Activities at the
Point of Entry and Transfer to the Inspection Area
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.
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.
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.
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.
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.
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.
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.
52. Immediately upon arrival at the point of entry and without prejudice to the timeframe
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.
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.
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.
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.
E. CONDUCT OF INSPECTIONS
General Rules
56. The inspection team shall discharge its functions in accordance with the
provisions of the Treaty and this Protocol.
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.
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.
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.
60. During the on-site inspection the inspection team shall have, inter alia:
(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;
(b) The right to modify the inspection plan, as necessary, to ensure the
effective execution of the inspection;
© The obligation to take into account the recommendations and suggested
modifications by the inspected State Party to the inspection plan;
(d) The right to request clarifications in connection with ambiguities that may
arise during the inspection;
(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;
(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;
(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
(h) The obligation to respect the confidentiality and the safety and health
regulations of the inspected State Party.
61. During the on-site inspection the inspected State Party shall have, inter alia:
(a) The right to make recommendations at any time to the inspection team
regarding possible modification of the inspection plan;
(b) The right and the obligation to provide a representative to liaise with the
inspection team;
© 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;
(d) The right to provide additional information and to request the collection
and documentation of additional facts it believes are relevant to the inspection;
(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;
(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
(g) The obligation to provide the inspection team with such clarification as
may be necessary to resolve any ambiguities that arise during the inspection.
Communications
62. The members of the inspection team shall have the right at all times during the onsite
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.
Observer
63. In accordance with Article IV, paragraph 61, the requesting State Party shall liaise
with the Technical Secretariat to coordinate 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.
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.
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.
66. The observer shall have the right to make recommendations to the inspection team
throughout the inspection.
67. Throughout the inspection, the inspection team shall keep the observer informed
about the conduct of the inspection and the findings.
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.
Inspection Activities and Techniques
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:
(a) Position finding from the air and at the surface to confirm the boundaries
of the inspection area and establish coordinates of locations therein, in support
of the inspection activities;
(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;
© 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;
(d) Environmental sampling and analysis of solids, liquids and gases from
above, at and below the surface to detect anomalies;
(e) Passive seismological monitoring for aftershocks to localize the search area
and facilitate determination of the nature of an event;
(f) Resonance seismometry and active seismic surveys to search for and locate
underground anomalies, including cavities and rubble zones;
(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
(h) Drilling to obtain radioactive samples.
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.
Overflights
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.
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.
73. Additional overflights using equipment specified in paragraphs 79 and 80 may be
conducted subject to the agreement of the inspected State Party.
74. The area to be covered by overflights shall not extend beyond the inspection area.
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.
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.
77. During overflights landing should normally be authorized only for purposes of
staging or refueling.
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.
79. For the overflight conducted pursuant to paragraphs 71 and 72, the following
equipment may be used on board the aircraft:
(a) Field glasses;
(b) Passive location-finding equipment;
© Video cameras; and
(d) Hand-held still cameras.
80. For any additional overflights conducted pursuant to paragraph 73, inspectors on
board the aircraft may also use portable, easily installed equipment for:
(a) Multi-spectral (including infrared) imagery;
(b) Gamma spectroscopy; and
© Magnetic field mapping.
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.
82. The inspected State Party shall have the right to provide its own aircraft, preequipped
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.
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 timeframe
specified in paragraph 57.
84. Personnel on board the aircraft shall consist of:
(a) The minimum number of flight crew consistent with the safe operation of
the aircraft;
(b) Up to four members of the inspection team;
© Up to two representatives of the inspected State Party;
(d) An observer, if any, subject to the agreement of the inspected State Party;
and
(e) An interpreter, if necessary.
85. Procedures for the implementation of overflights shall be detailed in the
Operational Manual for On-Site Inspections.
Managed Access
86. The inspection team shall have the right to access the inspection area in
accordance with the provisions of the Treaty and this Protocol.
87. The inspected State Party shall provide access within the inspection area in
accordance with the time-frame specified in paragraph 57.
88. Pursuant to Article IV, paragraph 57 and paragraph 86 above, the rights and
obligations of the inspected State Party shall include:
(a) The right to take measures to protect sensitive installations and locations in
accordance with this Protocol;
(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
© 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.
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:
(a) Shrouding of sensitive displays, stores, and equipment;
(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;
© 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;
(d) Managing access to buildings and other structures in accordance with
paragraphs 90 and 91; and
(e) Declaring restricted-access sites in accordance with paragraphs 92 to 96.
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.
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.
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 kilometers 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.
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.
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.
95. The inspection team shall be permitted to observe visually all open places within
the restricted-access site from the boundary of the site.
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.
Collection, Handling and Analysis of Samples
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.
98. Whenever possible, the inspection team shall analyze samples on-site.
Representatives of the inspected State Party shall have the right to be present when
samples are analyzed 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.
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.
100. The inspected State Party shall have the right to request that any unused samples
or portions thereof be returned.
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.
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:
(a) Establish a stringent regime governing the collection, handling, transport
and analysis of samples;
(b) Certify the laboratories designated to perform different types of analysis;
© Oversee the standardization of equipment and procedures at these
designated laboratories and of mobile analytical equipment and procedures;
(d) Monitor quality control and overall standards in relation to the certification
of these laboratories and in relation to mobile equipment and procedures; and
(e) Select from among the designated laboratories those which shall perform
analytical or other functions in r

تسجيل الدخول
اسم المستخدم:
كلمة المرور:	فقدت كلمة المرور؟
	تذكرني

المواضيع المحتمل أن تكون متشابهة…
الموضوع		الكاتب	الردود	المشاهدات	آخر رد
	رسالة في السياسة	فارس اللواء	0	329	06-06-2013, 12:15 AM آخر رد: فارس اللواء
	الطاقة الفكرية	Reef Diab	14	2,927	05-15-2012, 12:24 AM آخر رد: نيو فريند
	الهجوم على برهان غليون: من «اغتيال العقل» إلى «اغتيال السياسة»	the special one	1	1,217	12-19-2011, 05:35 PM آخر رد: فلسطيني كنعاني
	صورة عن واقع السياسة الخارجية في دول الخليج ......... ما رأيكم ؟	عبادة الشايب	2	1,868	06-23-2010, 01:24 AM آخر رد: SH4EVER
	تشومسكي ومهندسو السياسة	Leonarch	0	699	03-14-2010, 09:20 PM آخر رد: Leonarch