COMPREHENSIVE NUCLEAR TEST BAN TREATY (continued)
E. PRIVILEGES AND IMMUNITIES
54. The Organization shall enjoy on the territory and in any other place under the jurisdiction or control of a State Party such legal capacity and such privileges and immunities as are necessary for the
exercise of its functions.
55. Delegates of States Parties, together with their alternates and advisers, representatives of members elected to the Executive Council, together with their alternates and advisers, the Director-General, the inspectors, the inspection assistants and the members of the staff of the Organization shall enjoy such privileges and immunities as are necessary in the independent exercise of their functions in connection
with the Organization.
56. The legal capacity, privileges and immunities referred to in this Article shall be defined in agreements between the Organization and the States Parties as well as in an agreement between the
Organization and the State in which the Organization is seated. Such agreements shall be considered and approved in accordance with paragraph 26 (h) and (i).
57. Notwithstanding paragraphs 54 and 55, the privileges and immunities enjoyed by the Director-General, the inspectors, the inspection assistants and the members of the staff of the Technical Secretariat during the conduct of verification activities shall be those set forth in the Protocol.
NATIONAL IMPLEMENTATION MEASURES
1. Each State Party shall, in accordance with its constitutional processes, take any necessary measures to implement its obligations under this Treaty. In particular, it shall take any necessary measures:
2. Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance to facilitate the implementation of the obligations under paragraph 1.
3. Each State Party shall inform the Organization of the measures taken pursuant to this Article.
4. In order to fulfil its obligations under the Treaty, each State Party shall designate or set up a National Authority and shall so inform the Organization upon entry into force of the Treaty for it. The National Authority shall serve as the national focal point for liaison with the Organization and with other States Parties.
(a) To prohibit natural and legal persons anywhere on its territory or in any other place under its jurisdiction as recognized by international law
from undertaking any activity prohibited to a State Party under this Treaty;
(b) To prohibit natural and legal persons from undertaking any such activity anywhere under its control; and
(c) To prohibit, in conformity with international law, natural persons possessing its nationality from undertaking any such activity
A. GENERAL PROVISIONS
1. In order to verify compliance with this Treaty, a verification regime shall be established consisting of the following elements:
At entry into force of this Treaty, the verification regime shall be capable of meeting the verification requirements of this Treaty.
2. Verification activities shall be based on objective information, shall be limited to the subject matter of this Treaty, and shall be carried out on the basis of full respect for the sovereignty of States
Parties and in the least intrusive manner possible consistent with the effective and timely accomplishment of their objectives. Each State Party shall refrain from any abuse of the right of verification.
3. Each State Party undertakes in accordance with this Treaty to cooperate, through its National Authority established pursuant to Article III, paragraph 4, with the Organization and with other States Parties to facilitate the verification of compliance with this Treaty by, inter alia:
(a) An International Monitoring System;
(b) Consultation and clarification;
(c) On-site inspections; and
(d) Confidence-building measures.
4. All States Parties, irrespective of their technical and financial capabilities, shall enjoy the equal right of verification and assume the equal obligation to accept verification.
5. For the purposes of this Treaty, no State Party shall be precluded from using information obtained by national technical means of verification in a manner consistent with generally recognized principles of international law, including that of respect for the sovereignty of States.
6. Without prejudice to the right of States Parties to protect sensitive installations, activities or locations not related to this Treaty, States Parties shall not interfere with elements of the verification
regime of this Treaty or with national technical means of verification operating in accordance with paragraph 5.
7. Each State Party shall have the right to take measures to protect sensitive installations and to prevent disclosure of confidential information and data not related to this Treaty.
8. Moreover, all necessary measures shall be taken to protect the confidentiality of any information related to civil and military activities and facilities obtained during verification activities.
9. Subject to paragraph 8, information obtained by the Organization through the verification regime established by this Treaty shall be made available to all States Parties in accordance with the relevant provisions of this Treaty and the Protocol.
10. The provisions of this Treaty shall not be interpreted as restricting the international exchange of data for scientific purposes.
11. Each State Party undertakes to cooperate with the Organization and with other States Parties in the improvement of the verification regime, and in the examination of the verification potential of
additional monitoring technologies such as electromagnetic pulse monitoring or satellite monitoring, with a view to developing, when
appropriate, specific measures to enhance the efficient and cost-effective verification of this Treaty. Such measures shall, when agreed, be incorporated in existing provisions in this Treaty, the Protocol or as additional sections of the Protocol, in accordance with Article VII, or, if appropriate, be reflected in the operational manuals in accordance with Article II, paragraph 44.
12. The States Parties undertake to promote cooperation among themselves to facilitate and participate in the fullest possible exchange relating to technologies used in the verification of this Treaty in order to enable all States Parties to strengthen their national implementation of verification measures and to benefit from the
application of such technologies for peaceful purposes.
13. The provisions of this Treaty shall be implemented in a manner which avoids hampering the economic and technological development of the States Parties for further development of the application of atomic energy for peaceful purposes.
Verification Responsibilities of the Technical
14. In discharging its responsibilities in the area of verification specified in this Treaty and the Protocol, in cooperation with the States Parties the Technical Secretariat shall, for the purpose of this
(a) Establishing the necessary facilities to participate in these verification measures and establishing the necessary communication;
(b) Providing data obtained from national stations that are part of the International Monitoring System;
(c) Participating, as appropriate, in a consultation and clarification process;
(d) Permitting the conduct of on-site inspections; and
(e) Participating, as appropriate, in confidence-building measures.
15. The agreed procedures to be used by the Technical Secretariat in discharging the verification responsibilities referred to in paragraph 14 and detailed in the Protocol shall be elaborated in the
relevant operational manuals.
B. THE INTERNATIONAL MONITORING SYSTEM
16. The International Monitoring System shall comprise facilities for seismological monitoring, radionuclide monitoring including certified laboratories, hydroacoustic monitoring, infrasound monitoring, and respective means of communication, and shall be supported by the International Data Centre of the Technical Secretariat.
17. The International Monitoring System shall be placed under the authority of the Technical Secretariat. All monitoring facilities of the International Monitoring System shall be owned and operated by the States hosting or otherwise taking responsibility for them in accordance with the Protocol.
18. Each State Party shall have the right to participate in the international exchange of data and to have access to all data made available to the International Data Centre. Each State Party shall
cooperate with the International Data Centre through its National Authority.
Funding the International Monitoring System
19. For facilities incorporated into the
International Monitoring System and specified in
Tables 1-A, 2-A, 3 and 4 of Annex 1 to the Protocol,
and for their functioning, to the extent that such
facilities are agreed by the relevant State and the
Organization to provide data to the International Data
Centre in accordance with the technical requirements
of the Protocol and relevant operational manuals, the
Organization, as specified in agreements or
arrangements pursuant to Part I, paragraph 4 of the
Protocol, shall meet the costs of:
(a) Make arrangements to receive and distribute data and reporting products relevant to the verification of this Treaty in accordance with its
provisions, and to maintain a global communications infrastructure appropriate to this task;
(b) Routinely through its International Data Centre, which shall in principle be the focal point within the Technical Secretariat for data storage and data processing:
(i) Receive and initiate requests for data from the International Monitoring System;
(ii) Receive data, as appropriate, resulting from the process of consultation and clarification, from on-site inspections, and from confidence-building measures; and
(iii) Receive other relevant data from States Parties and international
organizations in accordance with this Treaty and the protocol;
(c) Supervise, coordinate and ensure the operation of the International Monitoring System and its component elements, and of the International Data Centre, in accordance with the relevant operational manuals;
(d) Routinely process, analyse and report on International Monitoring System data according to agreed procedures so as to permit the effective international verification of this Treaty and to contribute to the early resolution of compliance concerns;
(e) Make available all data, both raw and processed, and any reporting products, to all States Parties, each State Party taking responsibility for
the use of International Monitoring System data in accordance with Article II, paragraph 7, and with paragraphs 8 and 13 of this Article;
(f) Provide to all States Parties equal, open, convenient and timely access to all stored data;
(g) Store all data, both raw and processed, and reporting products;
(h) Coordinate and facilitate requests for additional data from the International Monitoring System;
(i) Coordinate requests for additional data from one State Party to another State Party;
(j) Provide technical assistance in, and support for, the installation and operation of monitoring facilities and respective communication means, where such assistance and support are required by the State concerned;
(k) Make available to any State Party, upon its request, techniques utilized by the Technical Secretariat and its International Data Centre in
compiling, storing, processing, analysing and reporting on data from the verification regime; and
(l) Monitor, assess and report on the overall performance of the International Monitoring System and of the International Data Centre.
20. For auxiliary network seismic stations specified
in Table 1-B of Annex 1 to the Protocol the
Organization, as specified in agreements or
arrangements pursuant to Part I, paragraph 4 of the
Protocol, shall meet the costs only of:
(a) Establishing any new facilities and
upgrading existing facilities, unless the State
responsible for such facilities meets these costs
(b) Operating and maintaining International
Monitoring System facilities, including facility
physical security if appropriate, and application of
agreed data authentication procedures;
(c) Transmitting International Monitoring
System data (raw or processed) to the International
Data Centre by the most direct and cost-effective
means available, including, if necessary, via
appropriate communications nodes, from monitoring
stations, laboratories, analytical facilities or from
national data centres; or such data (including samples
where appropriate) to laboratory and analytical
facilities from monitoring stations; and
(d) Analysing samples on behalf of the
21. The Organization shall also meet the cost of
provision to each State Party of its requested
selection from the standard range of International
Data Centre reporting products and services, as
specified in Part I, Section F of the Protocol. The
cost of preparation and transmission of any additional
data or products shall be met by the requesting State
22. The agreements or, if appropriate, arrangements
concluded with States Parties or States hosting or
otherwise taking responsibility for facilities of the
International Monitoring System shall contain
provisions for meeting these costs. Such provisions
may include modalities whereby a State Party meets any
of the costs referred to in paragraphs 19 (a) and 20
(c) and (d) for facilities which it hosts or for which
it is responsible, and is compensated by an
appropriate reduction in its assessed financial
contribution to the Organization. Such a reduction
shall not exceed 50 per cent of the annual assessed
financial contribution of a State Party, but may be
spread over successive years. A State Party may share
such a reduction with another State Party by agreement
or arrangement between themselves and with the
concurrence of the Executive Council. The agreements
or arrangements referred to in this paragraph shall be
approved in accordance with Article II, paragraphs 26
(h) and 38 (i).
Changes to the International Monitoring System
23. Any measures referred to in paragraph 11
affecting the International Monitoring System by means
of addition or deletion of a monitoring technology
shall, when agreed, be incorporated into this Treaty
and the Protocol pursuant to Article VII, paragraphs 1
24. The following changes to the International
Monitoring System, subject to the agreement of those
States directly affected, shall be regarded as matters
of an administrative or technical nature pursuant to
Article VII, paragraphs 7 and 8:
(a) Transmitting data to the International
(b) Authenticating data from such stations;
(c) Upgrading stations to the required
technical standard, unless the State responsible for
such facilities meets these costs itself;
(d) If necessary, establishing new stations
for the purposes of this Treaty where no appropriate
facilities currently exist, unless the State
responsible for such facilities meets these costs
(e) Any other costs related to the provision
of data required by the Organization as specified in
the relevant operational manuals.
If the Executive Council recommends, pursuant to Article VII, paragraph 8 (d), that such changes be adopted, it shall as a rule also recommend pursuant to Article VII, paragraph 8 (g), that such changes enter into force upon notification by the Director-General of their approval.
25. The Director-General, in submitting to the Executive Council and States Parties information and evaluation in accordance with Article VII, paragraph 8 (b), shall include in the case of any proposal made pursuant to paragraph 24:
(a) Changes to the number of facilities specified in the Protocol for a given monitoring technology; and
(b) Changes to other details for particular facilities as reflected in the Tables of Annex 1 to the Protocol (including, inter alia, State responsible
for the facility; location; name of facility; type of facility; and attribution of a facility between the primary and auxiliary seismic networks).
26. In cases of significant or irretrievable breakdown of a monitoring facility specified in the Tables of Annex 1 to the Protocol, or in order to cover other temporary reductions of monitoring coverage, the Director-General shall, in consultation and agreement with those States directly affected, and with the approval of the Executive Council, initiate temporary arrangements of no more than one year's
duration, renewable if necessary by agreement of the Executive Council and of the States directly affected for another year. Such arrangements shall not cause the number of operational facilities of the International Monitoring System to exceed the number specified for the relevant network; shall meet as far as possible the technical and operational requirements specified in the operational manual for the relevant network; and shall be conducted within the budget of the Organization. The Director-General shall furthermore take steps to rectify the situation and make proposals for its permanent resolution. The Director-General shall notify all States Parties of any decision taken pursuant to this paragraph.
Cooperating National Facilities
27. States Parties may also separately establish cooperative arrangements with the Organization, in order to make available to the International Data Centre supplementary data from national monitoring stations that are not formally part of the International Monitoring System.
28. Such cooperative arrangements may be established
(a) A technical evaluation of the proposal;
(b) A statement on the administrative and financial impact of the proposal; and
(c) A report on consultations with States
directly affected by the proposal, including
indication of their agreement.
The conditions under which supplementary data from such facilities are made available, and under which the International Data Centre may request further or expedited reporting, or clarifications, shall be elaborated in the operational manual for the respective monitoring network.
C. CONSULTATION AND CLARIFICATION
29. Without prejudice to the right of any State Party to request an on-site inspection, States Parties should, whenever possible, first make every effort to clarify and resolve, among themselves or with or through the Organization, any matter which may cause concern about possible non-compliance with the basic obligations of this Treaty.
30. A State Party that receives a request pursuant to paragraph 29 directly from another State Party shall provide the clarification to the requesting State Party as soon as possible, but in any case no later than 48 hours after the request. The requesting
and requested States Parties may keep the Executive Council and the Director-General informed of the request and the response.
31. A State Party shall have the right to request the Director-General to assist in clarifying any matter which may cause concern about possible non-compliance with the basic obligations of this Treaty. The Director-General shall provide appropriate information in the possession of the Technical Secretariat relevant to such a concern. The Director-General shall inform the Executive Council of the request and of the information provided in response,
if so requested by the requesting State Party.
32. A State Party shall have the right to request the Executive Council to obtain clarification from another State Party on any matter which may cause concern about possible non-compliance with the basic obligations of this Treaty. In such a case, the following shall apply:
(a) Upon request by a State Party, and at the expense of that State, the Technical Secretariat shall take the steps required to certify that a given monitoring facility meets the technical and operational requirements specified in the relevant operational manuals for an International Monitoring System facility, and make arrangements for the authentication of its data. Subject to the agreement of the Executive Council, the Technical Secretariat shall then formally designate such a facility as a cooperating national facility. The Technical Secretariat shall take the steps required to revalidate its certification as appropriate;
(b) The Technical Secretariat shall maintain a current list of cooperating national facilities and shall distribute it to all States Parties; and
(c) The International Data Centre shall call upon data from cooperating national facilities, if so requested by a State Party, for the purposes of facilitating consultation and clarification and the consideration of on-site inspection requests, data transmission costs being borne by that State Party.
The Executive Council shall inform without delay all other States Parties about any request for clarification pursuant to this paragraph as well as any response provided by the requested State Party.
33. If the requesting State Party considers the clarification obtained under paragraph 32 (d) to be unsatisfactory, it shall have the right to request a meeting of the Executive Council in which States
Parties involved that are not members of the Executive Council shall be entitled to take part. At such a meeting, the Executive Council shall consider the matter and may recommend any measure in accordance
with Article V.
D. ON-SITE INSPECTIONS
(a) The Executive Council shall forward the request for clarification to the requested State Party through the Director-General no later than 24 hours after its receipt;
(b) The requested State Party shall provide the clarification to the Executive Council as soon as possible, but in any case no later than 48 hours after receipt of the request;
(c) The Executive Council shall take note of the clarification and forward it to the requesting State Party no later than 24 hours after its receipt;
(d) If the requesting State Party deems the clarification to be inadequate, it shall have the right to request the Executive Council to obtain further clarification from the requested State Party.
Request for an On-Site Inspection
34. Each State Party has the right to request an on-site inspection in accordance with the provisions of this Article and Part II of the Protocol in the territory or in any other place under the jurisdiction or control of any State Party, or in any area beyond the jurisdiction or control of any State.
35. The sole purpose of an on-site inspection shall be to clarify whether a nuclear weapon test explosion or any other nuclear explosion has been carried out in violation of Article I and, to the extent possible, to gather any facts which might assist in identifying any
36. The requesting State Party shall be under the obligation to keep the on-site inspection request within the scope of this Treaty and to provide in the request information in accordance with paragraph 37. The requesting State Party shall refrain from
unfounded or abusive inspection requests.
37. The on-site inspection request shall be based on
information collected by the International Monitoring System, on any relevant technical information obtained by national technical means of verification in a manner consistent with generally recognized principles
of international law, or on a combination thereof. The request shall contain information pursuant to Part II, paragraph 41 of the Protocol.
38. The requesting State Party shall present the on-site inspection request to the Executive Council and at the same time to the Director-General for the latter to begin immediate processing.
Follow-up After Submission of an On-Site Inspection Request
39. The Executive Council shall begin its consideration immediately upon receipt of the on-site inspection request.
40. The Director-General, after receiving the on-site inspection request, shall acknowledge receipt of the request to the requesting State Party within two hours and communicate the request to the State Party sought to be inspected within six hours. The
Director-General shall ascertain that the request meets the requirements specified in Part II, paragraph 41 of the Protocol, and, if necessary, shall assist the requesting State Party in filing the request
accordingly, and shall communicate the request to the Executive Council and to all other States Parties within 24 hours.
41. When the on-site inspection request fulfils the requirements, the Technical Secretariat shall begin preparations for the on-site inspection without delay.
42. The Director-General, upon receipt of an on-site inspection request referring to an inspection area under the jurisdiction or control of a State Party, shall immediately seek clarification from the State Party sought to be inspected in order to clarify and resolve the concern raised in the request.
43. A State Party that receives a request for clarification pursuant to paragraph 42 shall provide the Director-General with explanations and with other relevant information available as soon as possible, but no later than 72 hours after receipt of the request for clarification.
44. The Director-General, before the Executive Council takes a decision on the on-site inspection request, shall transmit immediately to the Executive Council any additional information available from the International Monitoring System or provided by any
State Party on the event specified in the request, including any clarification provided pursuant to paragraphs 42 and 43, as well as any other information from within the Technical Secretariat that the
Director-General deems relevant or that is requested by the Executive Council.
45. Unless the requesting State Party considers the concern raised in the on-site inspection request to be resolved and withdraws the request, the Executive Council shall take a decision on the request in accordance with paragraph 46.
Text of CTBT Continued
Organizational Statements | Proposition One