PROTOCOL TO THE COMPREHENSIVE NUCLEAR TEST BAN TREATY (Continued)
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;
(c) The papers and correspondence, including
records, of the inspection team shall enjoy the
inviolability accorded to all papers and
correspondence of diplomatic agents pursuant to
Article 30, paragraph 2, of the Vienna Convention on
Diplomatic Relations. The inspection team shall have
the right to use codes for their communications with
the Technical Secretariat;
(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 (c) 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
co-ordinates 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;
(c) The State Party or States Parties to be
inspected or an indication that the area to be
inspected or part thereof is beyond the jurisdiction
or control of any State;
(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 IV,
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;
(c) The location and boundaries of the
inspection area specified on a map, taking into
account all information on which the request was based
and all other available technical information, in
consultation with the requesting State Party;
(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;
(c) 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 time-frame specified in
paragraph 54, the head of the inspection team shall
present to the representative of the inspected State
Party the inspection mandate and an initial inspection
plan prepared by the inspection team specifying the
activities to be carried out by it. The inspection
team shall be briefed by representatives of the
inspected State Party with the aid of maps and other
documentation as appropriate. The briefing shall
include relevant natural terrain features, safety and
confidentiality issues, and logistical arrangements
for the inspection. The inspected State Party may
indicate locations within the inspection area that, in
its view, are not related to the purpose of the
inspection.
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;
(c) 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;
(c) The right to have representatives
accompany the inspection team during the performance
of its duties and observe all inspection activities
carried out by the inspection team. This shall not
delay or otherwise hinder the inspection team in the
exercise of its functions;
(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 on-site inspection
to communicate with each other and with the Technical
Secretariat. For this purpose they may use their own
duly approved and certified equipment with the consent
of the inspected State Party, to the extent that the
inspected State Party does not provide them with
access to other telecommunications.
Observer
63. In accordance with Article IV, paragraph 61, the
requesting State Party shall liaise with the Technical
Secretariat to co-ordinate the arrival of the observer
at the same point of entry or basing point as the
inspection team within a reasonable period of the
arrival of the inspection team.
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.