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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97-98
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Comprehensive
Nuclear Test-Ban Treaty Bill 1998
No. ,
1998
(Foreign
Affairs)
A Bill for an Act to give effect
to certain of Australia’s obligations as a party to the Comprehensive
Nuclear Test-Ban Treaty, and for related purposes
9805520—655/6.4.1998—(55/98) Cat.
No. 97 29429 ISBN 0644 519959
Contents
A Bill for an Act to give effect to certain of
Australia’s obligations as a party to the Comprehensive Nuclear Test-Ban
Treaty, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Comprehensive Nuclear Test-Ban Treaty Act
1998.
(1) This Act commences on a day to be fixed by Proclamation.
(2) That day must not be before the day on which the Treaty enters into
force for Australia.
This Act extends to the external Territories.
This Act extends to acts and omissions on board ships and aircraft
registered in Australia or that the Commonwealth, a State or a Territory owns or
possesses.
(1) This Act binds the Crown in each of its capacities.
(2) However, nothing in this Act makes the Crown liable to be prosecuted
for an offence.
The Criminal Code applies to all offences against this
Act.
In this Act, unless the contrary intention appears:
Australia, when used in a geographical sense, includes the
external Territories.
Australian Comprehensive Test Ban Office means the Australian
Comprehensive Test Ban Office designated under section 62.
clarification inspection means an inspection carried out
under Division 3 of Part 3.
clarification warrant means a warrant issued under section
22.
Director means the person designated under section 63 as the
Director of the Australian Comprehensive Test Ban Office.
environment includes all aspects of the surroundings of human
beings, whether affecting human beings as individuals or in social
groupings.
establish, in relation to a facility, includes:
(a) construct the facility on, over or under any land; and
(b) attach the facility to any building or other structure; and
(c) do any activity that is ancillary or incidental to establishing the
facility (for this purpose, establish includes an activity covered
by paragraph (a) or (b)).
evidential material means a thing that may afford evidence as
to the commission of an offence against this Act, including such a thing in
electronic form.
foreign country inspector means a person the Minister
declares to be a foreign country inspector under section 19.
identity card means a card issued under section 67.
inspection site means premises the Minister declares to be an
inspection site under section 11.
land includes waters and submerged land.
national inspector means the Director or a person appointed
as a national inspector under section 66.
observer means a person the Minister declares to be an
observer under section 15.
occupier, in relation to an inspection site or other
premises, includes a person at the site or premises who apparently represents
the occupier.
Office means the Australian Comprehensive Test Ban
Office.
on-site inspection means an inspection the Minister declares
to be an on-site inspection under section 11.
on-site inspection power has the meaning given by section
12.
on-site inspection purpose has the meaning given by section
13.
on-site inspection warrant means a warrant
issued under section 21.
Organization means the Comprehensive Nuclear Test-Ban Treaty
Organization established by the Treaty.
Organization inspector means a person the Minister declares
to be an Organization inspector under section 14.
premises includes a place and a conveyance.
State Party means a State that is a signatory to the Treaty
and that has ratified it.
Treaty means the Comprehensive Nuclear Test-Ban Treaty
(including the Annexes to the Treaty, the Protocol to the Treaty and the Annexes
to the Protocol) a copy of the English text of which is set out in Schedule 1,
as amended by any amendment of the Treaty that Australia accepts, a copy of the
English text of which is set out in the regulations.
vessel means a thing capable of carrying persons or goods
through water.
warrant premises means premises in relation to which a
warrant is in force.
warrant team, in relation to a warrant issued under Part 3,
means:
(a) the national inspector responsible for executing the warrant;
and
(b) if the warrant is issued under section 21—the Organization
inspector who, in accordance with the Treaty, is to exercise on-site inspection
powers under the warrant; and
(c) if the warrant is issued under section 22—any foreign country
inspector accompanying the national inspector mentioned in paragraph (a);
and
(d) in any case—any person whose assistance the national inspector
obtains under section 42 in relation to executing the warrant.
A person who causes a nuclear weapon test explosion or any other nuclear
explosion is guilty of an offence.
Penalty: Imprisonment for life.
Note: Chapter
2 of the Criminal Code sets out the general
principles of criminal responsibility.
(1) Section 8 applies:
(a) whether the explosion takes place within or outside Australia;
and
(b) whether the conduct that causes the explosion takes place within or
outside Australia.
(2) However, if both:
(a) the explosion; and
(b) the conduct of the person that causes the explosion;
take place outside Australia, the person is guilty of an offence under
section 8 only if the person is an Australian citizen.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2) (see subsection 13.3(3) of the Criminal
Code).
The following is a basic outline of this Part:
(a) Division 2 provides for Organization inspectors to inspect sites in
Australia;
(b) Division 3 provides for Australia to respond (including by inspecting
sites in Australia) to another State Party’s request for clarification
about compliance with the Treaty;
(c) Division 4 deals with inspection warrants, and the conduct of
inspections, for the purposes of Divisions 2 and 3;
(d) Division 5 provides for searches for and seizures of evidence relating
to offences;
(e) Division 6 has some general rules about warrants.
(1) If a request for an inspection of premises in Australia is made under
Article IV of the Treaty, the Minister may make a written declaration:
(a) that the inspection is an on-site inspection for the
purposes of this Act; and
(b) that the premises specified in the declaration are an inspection
site for the purposes of this Act.
(2) An Organization inspector may (subject to sections 27 and
28):
(a) with the consent of the occupier of an inspection site; or
(b) under a warrant issued to a national inspector under section 21 in
respect of an inspection site;
enter the inspection site and exercise, on the site, any on-site inspection
powers (see section 12) for an on-site inspection purpose (see section
13).
(3) A national inspector:
(a) may accompany an Organization inspector while the Organization
inspector exercises powers in the circumstances mentioned in paragraph (2)(a);
and
(b) must accompany an Organization inspector while the Organization
inspector exercises powers in the circumstances mentioned in paragraph
(2)(b).
(4) An Organization inspector must not exercise any powers in the
circumstances mentioned in paragraph (2)(a) in relation to an inspection site
if:
(a) the occupier of the site has required the Organization inspector to
show written proof of his or her identity; and
(b) the Organization inspector fails to comply with the
requirement.
(5) A
national inspector must not accompany an Organization inspector in the
circumstances mentioned in paragraph (2)(a) in relation to an inspection site
if:
(a) the occupier of the site has required the national inspector to show
his or her identity card; and
(b) the national inspector fails to comply with the requirement.
(1) An on-site inspection power is a power to:
(a) search an inspection site; or
(b) take photographs (including video recordings), or make sketches, of
the site or of equipment or any other matter or thing on or in the site;
or
(c) monitor the exit of all vessels, aircraft or vehicles (other than
personnel or personal vehicles) leaving the site; or
(d) fly over the site; or
(e) inspect or examine a matter or thing; or
(f) take samples of a matter or thing; or
(g) measure a matter or thing; or
(h) carry out drilling on the site; or
(i) examine a document; or
(j) take extracts from, or make copies of, a document; or
(k) verify the proper functioning or calibration of any equipment
(including any thing, or part of a thing, that the Organization classifies as
on-site monitoring equipment); or
(l) install and operate any thing, or part of a thing, that the
Organization classifies as on-site monitoring equipment; or
(m) question personnel working on the site; or
(n) operate equipment, including electronic equipment, located at the
site, if the Organization inspector believes, on reasonable grounds, that the
equipment can be operated without damaging it; or
(o) take onto the site any equipment or material that is approved by the
Organization and that is reasonably required for the purpose of exercising a
power under any of the above paragraphs; or
(p) do any other act or thing necessary or convenient to be done in order
to carry out an on-site inspection in accordance with Article IV of the
Treaty.
(2) A power mentioned in subsection (1) may only be exercised in a way
that reasonably appears to be in accordance with safety procedures applicable at
the inspection site.
An on-site inspection purpose is a purpose of facilitating
an on-site inspection by an Organization inspector in accordance with Article IV
of the Treaty.
(1) If the Minister is satisfied that a person has, in accordance with the
Treaty, been designated as an Organization inspector, the Minister must, in
writing, declare the person to be an Organization inspector for
the purposes of this Act.
(2) If the Minister ceases to be so satisfied, the Minister must, in
writing, revoke the declaration.
(3) The Minister must give the person a copy of the declaration or
revocation.
(1) If:
(a) the Minister is satisfied that a person has, in accordance with the
Treaty, been proposed by a State Party as an observer in relation to an on-site
inspection; and
(b) the Minister decides to accept the person as such an
observer;
the Minister must, in writing, declare the person to be an
observer for the purposes of this Act.
(2) The Minister must give the person a copy of the declaration.
(3) An observer may accompany an Organization inspector while the
Organization inspector is exercising any on-site inspection powers in relation
to an inspection site.
(4) However, an observer is not entitled to enter an inspection site, or
any particular part of that site, if the occupier of the site has informed the
Director, in writing, that the observer is to be excluded from the site or from
that part of the site. If the occupier so informs the Director, the Director
must inform the observer to that effect in writing.
(5) An observer is not entitled to enter an inspection site or to observe
an Organization inspector exercising on-site inspection powers if:
(a) the occupier of the site has required the observer to show written
proof of his or her identity; and
(b) the observer fails to comply with the requirement.
(6) If the conditions in subsection (1) cease to be satisfied, the
Minister must, in writing, revoke the declaration.
(7) The Minister must give the person a copy of the
revocation.
This Division applies if another State Party, without having made a
request for an inspection of premises under Article IV of the Treaty, seeks
clarification from Australia, either directly or through the Organization,
concerning the question of whether there has been a breach of the Treaty at
particular premises.
The Director may give:
(a) the person holding an equivalent position to the Director in the State
Party seeking clarification; or
(b) the Organization;
any information or documents about occurrences at the premises that will
help to clarify the matter.
(1) A national inspector may:
(a) with the consent of the occupier of the premises; or
(b) under a warrant issued under section 22 in respect of the
premises;
enter the premises and conduct an inspection (called a clarification
inspection) of the premises in the same way and exercising the same
powers as if:
(c) the clarification inspection had been declared to be an on-site
inspection; and
(d) the premises had been declared to be an inspection site;
but with the national inspector, instead of an Organization inspector,
exercising on-site inspection powers.
(2) For the purposes of a particular clarification inspection, the rules
in this Part that apply to an inspection by consent apply subject to any
modifications set out in the regulations that the Director determines in writing
are to apply to the clarification inspection.
(3) After conducting a clarification inspection, the national inspector
may report the results of the inspection to the State Party seeking
clarification, either directly or through the Organization.
(1) The Director may, on behalf of Australia, enter into an arrangement
with the person holding an equivalent office in the State Party seeking
clarification, if the occupier of the premises concerned consents, for a
national inspector to carry out a joint inspection of the premises, accompanied
by any inspectors the other State Party nominates.
(2) The Director may make such an arrangement:
(a) whether or not information or documents have been sought to be given
under section 17; and
(b) whether or not an inspection has been carried out under section
18.
(3) If the Minister is satisfied that a State Party has designated a
person as a foreign country inspector to Australia, the Minister may, in
writing, declare the person to be a foreign country inspector for
the purposes of this section.
(4) The Minister must give the person a copy of the declaration.
(5) A national inspector and any foreign country inspectors may, in
accordance with an arrangement under subsection (1), enter the premises and
conduct a clarification inspection. (Section 18 has the rules about
clarification inspections).
Modifications under subsection 18(2) must not reduce the rights this Act
gives the occupier of the premises concerned.
(1) If the occupier of an inspection site does not consent to an
Organization inspector entering the site and exercising on-site inspection
powers as mentioned in subsection 11(2), a national inspector must, as soon as
possible, apply to a magistrate for an on-site inspection warrant in relation to
the site.
(2) A magistrate may issue an on-site inspection warrant in relation to
the inspection site if the magistrate is satisfied, by information on oath or
affirmation, that it is reasonably necessary to exercise on-site inspection
powers for an on-site inspection purpose.
(3) If the magistrate does so, the national inspector must execute the
warrant in a way that accords with all lawful directions given by the
Organization inspector.
(1) A national inspector may apply to a magistrate for a clarification
inspection warrant in relation to an inspection site.
(2) A magistrate may issue a clarification inspection warrant in relation
to particular premises mentioned in section 16 if the magistrate is satisfied,
by information on oath or affirmation, that it is reasonably necessary to carry
out a clarification inspection on the premises for the purpose of helping to
clarify the matter mentioned in section 16.
A warrant issued under this Division must:
(a) describe the premises to which the warrant relates; and
(b) state the name of the national inspector responsible for executing the
warrant; and
(c) state the period within which, in accordance with section 24, the
warrant team is to complete the inspection; and
(d) state the purpose for which the warrant is issued.
(1) An on-site inspection of particular premises must be completed before
the end of 60 days after the request for the inspection was made in accordance
with Article IV of the Treaty as mentioned in section 11.
(2) A clarification inspection of particular premises should, if
practicable, be completed before the end of 48 hours after clarification was
sought from Australia as mentioned in section 16.
(3) On written application by the Director, the Minister may, in writing,
extend the time limit in subsection (1) by a further period, or periods, of no
more than 70 days in total.
(4) If the Minister does so, the Minister must give the occupier of the
premises concerned a copy of the document extending the period and, if the
inspection is carried out in whole or in part under a warrant, must also give a
copy to the magistrate who issued the warrant.
An on-site inspection or clarification inspection must be carried out in
the way that is least intrusive consistent with achieving the purposes of the
inspection.
An on-site inspection warrant in relation to an inspection site may,
subject to any restrictions under section 15, authorise an observer to accompany
an Organization inspector in his or her exercise of on-site inspection powers
for an on-site inspection purpose.
After an initial briefing (whether or not involving a preliminary
inspection) and to facilitate the more detailed inspection of premises under an
on-site inspection, the persons who are to do the inspection must prepare and
give to the Director an initial inspection plan specifying the activities they
propose to carry out and the places to which they want access.
The persons who are to do the inspection must, in consultation with the
Director, modify their initial inspection plan to whatever extent is justified,
in accordance with the provisions relating to managed access in Part II of the
Protocol to the Treaty, so as to ensure the protection of sensitive equipment,
information and places that are not relevant to verifying compliance with the
Treaty.
The persons who are to do the inspection may, at any time, otherwise
modify the inspection plan to whatever extent is justified so as to ensure the
effective execution of the inspection.
(1) If a national inspector has reasonable grounds for suspecting that
there may be on any premises particular evidential material, the inspector
may:
(a) with the consent of the occupier of the premises; or
(b) under a warrant issued under section 31 or 37;
enter the premises and:
(c) search the premises for the evidential material; and
(d) if the inspector finds any evidential material on the
premises—seize the evidential material found on the premises.
(2) A national inspector is not entitled to exercise any powers in the
circumstances mentioned in paragraph (1)(a) in relation to premises
if:
(a) the occupier of the premises has required the inspector to show his or
her identity card; and
(b) the inspector fails to comply with the requirement.
(1) A national inspector may apply to a magistrate for a warrant under
this section in relation to particular premises.
(2) A magistrate may issue a warrant to search premises if the magistrate
is satisfied, by information on oath or affirmation, that there are reasonable
grounds for suspecting that there is, or may be within the next 72 hours, any
evidential material at the premises.
(3) However, a magistrate must not issue the warrant unless a national
inspector has given the magistrate, either orally (on oath or affirmation) or by
affidavit, any further information the magistrate requires about the grounds on
which the warrant is being sought.
(4) A warrant issued under this Division must:
(a) state the offence to which the warrant relates; and
(b) describe the premises to which the warrant relates; and
(c) describe the kinds of evidential material that are to be searched for
under the warrant; and
(d) state the name of the national inspector responsible for executing the
warrant; and
(e) state when the period for which the warrant is in force is to begin
and how long it is to last (which must not be for more than 7 days);
and
(f) state whether the warrant may be executed at any time or only during
particular hours.
(5) The warrant should also state that it authorises the seizure of a
thing (other than evidential material of the kind mentioned in paragraph (4)(c))
found at the premises that a member of the warrant team believes on reasonable
grounds to be:
(a) evidential material in relation to an offence to which the warrant
relates; or
(b) a thing relevant to another offence against this Act;
if the member believes, on reasonable grounds, that seizure of the thing is
necessary to prevent its concealment, loss or destruction or its use in
committing an offence against this Act.
(6) Paragraph (4)(e) does not prevent the issue of successive warrants in
relation to the same premises.
(7) If an application for the warrant is made under section 37, this
section applies as if:
(a) subsection (2) referred to 48 hours rather than 72 hours;
and
(b) paragraph (4)(e) referred to 48 hours rather than 7 days.
(1) A warrant in force in relation to premises authorises the warrant
team:
(a) to enter the warrant premises and, if the premises are a conveyance,
to enter the conveyance, whatever it is; and
(b) to search the premises for the kinds of evidential material specified
in the warrant, and to seize things of those kinds found at the premises;
and
(c) to seize other things found at the premises in the course of the
search that a member of the warrant team believes on reasonable grounds to
be:
(i) evidential material in relation to an offence to which the warrant
relates; or
(ii) evidential material in relation to another offence against this
Act;
if the member of the warrant team believes on reasonable grounds that
seizure of the things is necessary to prevent their concealment, loss or
destruction or their use in committing an offence.
(2) If the warrant states that it may be executed only during particular
hours, the warrant must not be executed outside those hours.
(3) If things are seized under a warrant, the warrant authorises the
national inspector executing the warrant to make the things available to
officers of other agencies if it is necessary to do so for the purpose of
investigating or prosecuting an offence against this Act to which the things
relate.
(4) A power mentioned in this section or in section 30, 33, 34 or 35 may
only be exercised in a way that the national inspector believes, on reasonable
grounds, to be in accordance with safety procedures applicable at the
premises.
(1) The warrant team may:
(a) for a purpose incidental to the execution of the warrant; or
(b) if the occupier of the premises consents in writing;
take photographs (including video recordings) of the premises or of things
at the premises.
(2) The warrant team may, if the warrant is still in force, complete the
execution of the warrant after all of the team temporarily stop its execution
and leave the premises:
(a) for not more than one hour; or
(b) for a longer period if the occupier of the premises consents in
writing.
(3) If:
(a) the execution of a warrant is stopped by an order of a court;
and
(b) the order is later revoked or reversed on appeal; and
(c) the warrant is still in force;
the execution of the warrant may be completed.
(1) The warrant team may bring to the warrant premises any equipment
reasonably necessary for examining or processing things found at the premises to
see whether they may be seized under the warrant.
(2) If:
(a) it is not practicable to examine or process the things at the warrant
premises; or
(b) the occupier of the premises consents in writing;
the things may be moved to another place so that the examination or
processing can be carried out.
(3) If things containing electronically stored information are moved to
another place under subsection (2), the national inspector executing the warrant
must, if practicable:
(a) tell the occupier the place and the time at which the examination or
processing will be carried out; and
(b) allow the occupier or his or her representative to be present during
the examination or processing.
(4) The warrant team may operate equipment already at the warrant premises
to carry out the examination or processing of a thing found at the premises to
see whether it may be seized under the warrant if a member of the warrant team
believes, on reasonable grounds, that:
(a) the equipment is suitable for the examination or processing;
and
(b) the examination or processing can be carried out without damage to the
equipment or the thing.
(1) A member of the warrant team may operate electronic equipment located
at the premises to see whether evidential material is accessible by doing so if
he or she believes, on reasonable grounds, that the operation of the equipment
can be carried out without damage to the equipment.
(2) If a member of the warrant team finds, after operating the equipment,
that evidential material is accessible by doing so, he or she may:
(a) seize the equipment and any disk, tape or other associated device;
or
(b) if the material can, by using facilities at the premises, be put in
documentary form—operate the facilities to put the material in that form
and seize the documents so produced; or
(c) if the material can be transferred to a disk, tape or other storage
device that:
(i) is brought to the premises; or
(ii) is at the premises and the use of which for the purpose has been
agreed to in writing by the occupier of the premises;
operate the equipment or other facilities to copy the material to the
storage device and take the storage device from the premises.
(3) A person may seize equipment under paragraph (2)(a) only if:
(a) it is not practicable to put the material in documentary form as
mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph
(2)(c); or
(b) possession of the equipment by the occupier could constitute an
offence against this Act.
(4) If a member of the warrant team believes, on reasonable grounds,
that:
(a) evidential material may be accessible by operating electronic
equipment at the premises; and
(b) expert assistance is required to operate the equipment; and
(c) if he or she does not take action under this subsection, the material
may be destroyed, altered or otherwise interfered with;
he or she may do whatever is necessary to secure the equipment, whether by
locking it up, placing a guard or otherwise.
(5) The member of the warrant team must give notice to the occupier of the
premises of his or her intention to secure the equipment and that the equipment
may be secured for up to 24 hours.
(6) The equipment may be secured:
(a) for a period of no more than 24 hours; or
(b) until the equipment has been operated by the expert;
whichever happens first.
(7) If a member of the warrant team believes on reasonable grounds that
the expert assistance will not be available within 24 hours, he or she may apply
to the magistrate who issued the warrant for an extension of that
period.
(8) The member must give notice to the occupier of the premises of his or
her intention to apply for an extension, and the occupier may be heard in
relation to the application.
(9) The provisions of this Division relating to the issue of warrants
apply, with any necessary modifications, to the issuing of an
extension.
(1) If a warrant in relation to premises is being executed and the
occupier of the premises is present, the occupier may observe the search being
conducted.
(2) The right to observe ceases if the occupier impedes the
search.
(3) This section does not prevent 2 or more areas of the premises being
searched at the same time.
(1) A national inspector may apply to a magistrate for a warrant by
telephone, facsimile or other electronic means:
(a) in an urgent case; or
(b) if the delay that would occur if an application were made in person
would frustrate the effective execution of the warrant.
(2) The magistrate may require voice communication to the extent that is
practicable in the circumstances.
(3) An application under this section must include all information
required to be provided in an ordinary application for a warrant, but the
application may, if necessary, be made before the information is sworn or
affirmed.
(4) If an application is made to a magistrate under this section and the
magistrate, after considering the information and having received and considered
any further information that the magistrate requires, is satisfied
that:
(a) a warrant in the terms of the application should be issued urgently;
or
(b) the delay that would occur if an application were made in person would
frustrate the effective execution of the warrant;
the magistrate may complete and sign the same form of warrant that would be
issued under section 31.
(5) If the magistrate decides to issue the warrant, the magistrate must
tell the applicant, by telephone, facsimile or other electronic means, of the
terms of the warrant and the day and time when it was signed.
(6) The national inspector must then complete a form of warrant in terms
substantially the same as those given by the magistrate, stating on the form the
name of the magistrate and the day and time when the warrant was
signed.
(7) The national inspector must, not later than the day after the day of
expiry of the warrant or the day after the day on which the warrant was
executed, whichever is earlier, give or transmit to the magistrate the form of
warrant completed by the inspector and, if the information mentioned in
subsection (3) was not sworn or affirmed, that information duly sworn or
affirmed.
(8) The magistrate must attach to the documents provided under subsection
(7) the form of warrant completed by the magistrate.
(9) If:
(a) it is material, in any proceedings, for a court to be satisfied that
the exercise of a power under a warrant issued under this section was duly
authorised; and
(b) the form of warrant signed by the magistrate is not produced in
evidence;
the court is to assume, unless the contrary is proved, that the exercise of
the power was not duly authorised.
(1) The warrant team must provide a receipt for any thing seized under a
warrant or moved under subsection 34(2).
(2) A single receipt may cover 2 or more things that are seized or
moved.
(1) If:
(a) a person seizes a thing under this Division (other than under a
warrant issued under section 31 or 37); and
(b) the reason for its seizure no longer exists or it is decided that it
is not to be used in evidence;
the person must return it, unless:
(c) the thing is forfeited or forfeitable to the Commonwealth or is the
subject of a dispute as to ownership; or
(d) a court orders that it need not be returned.
(2) If a warrant team seizes a thing from a person under a warrant issued
under section 31 or 37, 60 days after the seizure the warrant team must return
the thing to the person (or to the owner, if the person is not entitled to
possess it) unless:
(a) the thing is forfeited or forfeitable to the Commonwealth or is the
subject of a dispute as to ownership; or
(b) proceedings in respect of which the thing may afford evidence were
begun before the end of the 60 days and have not been completed (including an
appeal to a court in relation to those proceedings); or
(c) the warrant team may retain the thing because of an order under
section 40; or
(d) a member of the warrant team or another person is authorised (by a
law, or an order of a court, of the Commonwealth or of a State or Territory) to
retain, destroy or dispose of the thing.
(1) If a thing is seized under a warrant issued under section 31 or 37,
and:
(a) before the end of 60 days after the seizure; or
(b) before the end of a period previously specified in an order of a court
under this section;
proceedings in respect of which the thing may afford evidence have not
begun, a member of the warrant team may apply to a court of summary jurisdiction
for an order that he or she may retain the thing for a further period.
(2) If the court is satisfied that it is necessary for the team to
continue to retain the thing:
(a) for the purposes of an investigation as to whether an offence against
this Act has been committed; or
(b) to enable evidence of such an offence to be secured for the purposes
of a prosecution;
the court may order that the team may retain the thing for the period
specified in the order.
(3) Before the court hears the application, it may require notice of the
application to be given to such persons as the court thinks fit.
(1) Before a warrant team enters an inspection site or other premises, the
national inspector executing the warrant must:
(a) announce that the warrant team is authorised by the warrant to enter
the site or premises; and
(b) give any person at the premises an opportunity to allow entry into or
onto the site or premises.
(2) The national inspector need not comply with subsection (1) if the
national inspector believes, on reasonable grounds, that immediate entry to the
premises is required to ensure that the effective execution of the warrant is
not frustrated.
In the execution of a warrant:
(a) the national inspector executing the warrant may obtain such
assistance; and
(b) the warrant team may use such force against persons and
things;
as is necessary and reasonable in the circumstances.
If a warrant in relation to particular premises is being executed and the
occupier of the premises is present at the premises, the national inspector
executing the warrant must make a copy of the warrant available to the
occupier.
(1) Subject to subsection (2), if a warrant team seizes under a
warrant:
(a) a document, film, computer file or other thing that can be readily
copied; or
(b) a storage device, the information in which can be readily
copied;
the warrant team must, if the occupier of the premises requests, give a
copy of the thing or the information to the occupier as soon as practicable
after the seizure.
(2) Subsection (1) does not apply if the thing was seized under paragraph
35(2)(a) or (b).
(1) If:
(a) damage is caused to an instrument or other equipment as a result of
being operated as mentioned in paragraph 12(1)(n) or subsection 34(4) or 35(1);
and
(b) the damage was caused as a result of:
(i) insufficient care being exercised in selecting the person who was to
operate the equipment; or
(ii) insufficient care being exercised by the person operating the
equipment;
the Commonwealth must pay the person such reasonable amount of
compensation:
(c) as they agree on; or
(d) failing agreement—as the Federal Court of Australia
determines.
(2) In determining the amount of compensation payable under paragraph
(1)(d), regard is to be had to whether the occupier of the premises, if he or
she were available at the time, had given any warning or guidance as to the
operation of the instrument or other equipment that was appropriate in the
circumstances.
A national inspector is guilty of an offence if the inspector makes, in
an application for a warrant, a statement that the inspector knows to be false
or misleading in a material particular.
Penalty: Imprisonment for 2 years.
Note: Chapter
2 of the Criminal Code sets out the general
principles of criminal responsibility.
A national inspector is guilty of an offence if the inspector:
(a) states in a document that purports to be a form of warrant issued
under section 37 the name of a person as the magistrate issuing the warrant who
is not the magistrate who issued the warrant; or
(b) states in a form of warrant under that section a matter that, to the
inspector’s knowledge, departs in a material particular from the form
authorised by the magistrate issuing the warrant; or
(c) purports to execute, or present to a person, a document that purports
to be a form of warrant under section 37 that the inspector knows:
(i) has not been approved by the magistrate issuing the warrant;
or
(ii) to depart in a material particular from the terms authorised by the
magistrate issuing the warrant; or
(d) gives the magistrate a form of warrant under section 37 that is not
the form of warrant that the inspector purported to execute.
Penalty: Imprisonment for 2 years.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(1) The Minister may declare in writing that a specified facility is a
Treaty monitoring facility for the purposes of this Act.
(2) Before making the declaration, the Minister must be satisfied that it
is necessary or desirable for the facility to be established or operated in
order to give effect to Australia’s obligations under the
Treaty.
(3) A copy of the declaration must be published in the
Gazette.
The Minister may, on behalf of the Commonwealth:
(a) establish a monitoring facility with a view to declaring it to be a
Treaty monitoring facility; or
(b) operate a Treaty monitoring facility;
if the Minister considers it necessary or desirable in order to give effect
to Australia’s obligations under the Treaty.
The Minister may, on behalf of the Commonwealth, enter into an
arrangement with any person relating to the establishment or operation of
monitoring facilities, if the Minister considers it necessary or desirable in
order to give effect to Australia’s obligations under the
Treaty.
The Minister may, in writing, authorise any person:
(a) to gain access to a Treaty monitoring facility; or
(b) to do any thing on, in or in relation to a Treaty monitoring
facility;
on such conditions as the Minister determines, if the Minister considers
the authorisation necessary or desirable in order to give effect to
Australia’s obligations under the Treaty.
For the purpose of determining:
(a) whether any facility should be declared to be a Treaty monitoring
facility; or
(b) whether any premises would be a suitable site for a Treaty monitoring
facility;
the Minister may:
(c) enter on, and inspect, any land; and
(d) inspect any facility on the land; and
(e) do anything on the land, or to the facility, that is necessary or
desirable for that purpose.
The Minister may, for purposes to do with establishing a monitoring
facility under section 49:
(a) enter on, and occupy, any land; and
(b) do anything necessary or desirable for those purposes on, over or
under the land.
(1) The Minister may, at any time, carry out maintenance of a Treaty
monitoring facility.
(2) The Minister may do anything necessary or desirable for the purpose of
doing so, including entering on, and occupying, land.
(3) This section does not, by implication, limit section 51.
In doing an activity under Division 2, a person must take all reasonable
steps to ensure that the person causes as little detriment and inconvenience,
and does as little damage, as practicable.
If a person does an activity under Division 2, the person must take all
reasonable steps to ensure that the land concerned is restored to a condition
similar to its condition before the activity began.
A person must, in connection with doing an activity under Division 2,
take all reasonable steps:
(a) to act in accordance with good engineering practice; and
(b) to protect the safety of persons and property; and
(c) to ensure that the activity interferes as little as practicable
with:
(i) the operations of a public utility or other person or body responsible
for infrastructure or for providing similar products or services; and
(ii) public roads and paths; and
(iii) the movement of traffic; and
(iv) the use of land; and
(d) to protect the environment.
If the Minister does an activity covered by section 53 (which deals with
establishing facilities), the Minister must ensure that a facility established
over a road, bridge, path or navigable water is established in a way that will
allow reasonable passage by persons, vehicles and vessels.
(1) Before doing an activity under section 52, 53 or 54 in relation to any
land, the Minister must give written notice of his or her intention to do so
to:
(a) the owner of the land; and
(b) if the land is occupied by a person other than the owner—the
occupier.
(2) The notice must specify the purpose for which the Minister intends to
do the activity.
(3) The notice must contain a statement to the effect that, if a person
suffers financial loss or damage in relation to property because of anything the
Minister does in doing the activity, compensation may be payable under section
61.
(4) The notice must be given at least 10 days before the Minister begins
to do the activity.
(5) A person may waive the person’s right to be given a
notice.
(6) Subsection (1) does not apply if:
(a) the Minister intends to do activities under section 54 (which deals
with maintenance); and
(b) the Minister considers that those activities need to be done without
delay in order:
(i) to protect the health or safety of persons; or
(ii) to protect property or the environment; or
(iii) to ensure that Australia is not in breach of its obligations under
the Treaty.
(7) Subsection (1) does not apply if:
(a) the Minister intends to do activities under section 52 (which deals
with inspection); and
(b) doing those activities does not involve any material disturbance to
the land concerned; and
(c) members of the public have ready access to the land; and
(d) no part of the land is or is part of an area:
(i) that, under a law of the Commonwealth, a State or a Territory, is
protected from significant environmental disturbance; or
(ii) that is of particular significance to Aboriginal persons, or Torres
Strait Islanders, in accordance with their traditions.
(8) In subsection (7):
Aboriginal person means a person of the Aboriginal race of
Australia.
Torres Strait Islander means a descendant of an indigenous
inhabitant of the Torres Strait Islands.
(1) If:
(a) the Minister is unable, after reasonable inquiry, to find out who owns
particular land; or
(b) the Minister is unable to give a notice under section 59 on the owner
of land either personally or by post;
the Minister may give a notice under that section to the owner of the land
by publishing a copy of the notice in a newspaper circulating in a district in
which the land is situated and:
(c) if the land is occupied—giving a copy of the notice to the
occupier; or
(d) if the land is not occupied—attaching, if practicable, a copy of
the notice to a conspicuous part of the land.
(2) This section does not affect the operation of any other law of the
Commonwealth, or of any law of a State or Territory, that authorises the service
of a document otherwise than as provided in this section.
(1) If, because of anything done under Division 2 in relation to any
property that a person owns or has an interest in:
(a) the person suffers financial loss or damage; or
(b) an acquisition of the property otherwise than on just terms occurs
(within the meaning of paragraph 51(xxxi) of the Constitution);
the Commonwealth must pay the person such reasonable amount of
compensation:
(c) as they agree on; or
(d) failing agreement—as the Federal Court of Australia
determines.
(2) Compensation payable under subsection (1) includes compensation
for:
(a) temporary as well as permanent damage; and
(b) taking sand, soil, stone, gravel, timber, water and other
things.
(1) The Minister may, in writing, designate:
(a) a particular agency for which the Minister is responsible;
or
(b) a particular unit within such an agency or within the
Department;
as the Australian Comprehensive Test Ban Office.
(2) A copy of the designation must be published in the
Gazette.
The designation must also designate the holder of a particular position
within the agency or unit as the Director of the Office.
The functions of the Office are as follows:
(a) to ensure the effective operation of this Act;
(b) to carry out, on behalf of Australia, Australia’s obligations
under the Treaty;
(c) in particular, to act, on behalf of Australia, as the main point of
contact for liaison with the Organization and with other States Parties to the
Treaty;
(d) to facilitate inspections of places in Australia if Australia’s
compliance with the Treaty is challenged;
(e) to carry out the duties and exercise the powers conferred on the
Office under this Act or the regulations or under any other law of the
Commonwealth;
(f) to do anything incidental or conducive to performing any of the above
functions.
The Director may, by signed writing, delegate all or any of his or her
powers under this Act.
(1) The Director is a national inspector.
(2) The Director may, from time to time, in writing appoint other persons
to be national inspectors.
(3) A national inspector may be, but does not have to be, an employee of
the Office.
(1) The Director must have, and must give every other national inspector,
a card identifying the holder as a national inspector.
(2) An identity card must:
(a) be in a form approved by the Director; and
(b) have on it a recent photograph of the person.
(3) As soon as practicable after a person ceases to be a national
inspector the person must return the card to the Director.
Penalty for contravening this subsection: 1 penalty unit.
Note: Chapter
2 of the Criminal Code sets out the general
principles of criminal responsibility.
(1) The Director may, on behalf of the Commonwealth and with the approval
of the Minister, engage, under written agreements, persons having suitable
qualifications and experience as consultants to the Office.
(2) The terms and conditions of a person so engaged are those determined
by the Director.
The Minister may, by signed writing, delegate all or any of his or her
powers under this Act.
(1) A person may exercise a power or perform a duty under this Act only to
the extent that the exercise or performance is not inconsistent with
Australia’s obligations under the Treaty.
(2) A person must, in exercising a power under this Act, have regard to
Australia’s obligations under the Treaty.
(1) The Director must, as soon as practicable after 30 June in each year,
prepare and give the Minister a report on the operation of this Act during that
year.
(2) The Minister must cause a copy of the report to be laid before each
House of the Parliament within 15 sitting days of that House after the day on
which the Minister is given the report.
The Director:
(a) must give the Minister any additional reports or information relating
to the Office’s operations under this Act that the Minister requires;
and
(b) may give the Minister any other reports or information relating to the
Office’s operations under this Act that the Director thinks
appropriate.
(1) The regulations may confer privileges and immunities on any or all of
the following:
(a) the Organization;
(b) officers of the Organization;
(c) Organization inspectors or foreign country inspectors;
(d) observers;
(e) any other persons.
(2) Before the Governor-General makes such a regulation, the Minister must
be satisfied that it is necessary or desirable that it be made in order to give
effect to Australia’s obligations under the Treaty.
(1) This section applies to a person who is or has been:
(a) the Secretary to, or an employee of, the Department; or
(b) the Director or an employee of the Office; or
(c) engaged as a consultant to the Office; or
(d) a national inspector; or
(e) any other Commonwealth officer (within the meaning of section 70 of
the Crimes Act 1914).
(2) A person mentioned in subsection (1) must not, either directly or
indirectly, record or communicate any confidential information about another
person’s affairs that the person got in performing duties under this Act,
except for the purposes of:
(a) this Act; or
(b) a prosecution for an offence against this Act or any other law of the
Commonwealth, a State or a Territory; or
(c) complying with Australia’s obligations under the
Treaty.
(3) The person must not be required to communicate to a court any such
information unless it is necessary for the purposes of this Act or a prosecution
for an offence against this Act.
(4) If:
(a) a person mentioned in subsection (1) (the communicator)
communicates information to another person (the recipient) for the
purposes of this Act or complying with Australia’s obligations under the
Treaty; and
(b) at the time, the communicator stated that the information was
confidential information covered by this subsection;
the recipient must not, either directly or indirectly:
(c) record the information; or
(d) communicate the information to another person;
except for the purposes of this Act or complying with Australia’s
obligations under the Treaty.
(5) The recipient must not be required to communicate the information to a
court unless it is necessary for the purposes of this Act or a prosecution for
an offence against this Act.
(6) A person who contravenes subsection (2) or (4) is guilty of an offence
punishable on conviction by imprisonment for a term not exceeding 2
years.
(1) Information about another person’s affairs that a person gets in
the course of an inspection under Part 3 is confidential
information for the purposes of section 74.
(2) Subsection (1) does not apply if, at the time:
(a) the information was already publicly available; or
(b) the other person stated that he or she would not object to it becoming
publicly available.
(3) If the person objects, but later withdraws the objection, the
information is not confidential information after the
withdrawal.
(4) This section does not, by implication, limit the meaning of
confidential information.
(5) In section 74:
court includes any tribunal, authority or person that may
require documents to be produced or questions answered.
Nothing in this Act makes Australia or the Director liable for any act or
omission of the Organization, or of an Organization inspector, in implementing
the Treaty in Australia.
(1) The Organization is a body corporate with perpetual
succession.
(2) The Organization is capable, in its corporate name of:
(a) entering into contracts; and
(b) acquiring, holding and disposing of property; and
(c) suing.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
Note: This is the copy of the Treaty referred to in the
definition of Treaty in section 7 of this Act.
PREAMBLE
The States Parties to this Treaty (hereinafter referred to as “the
States Parties”),
Welcoming the international agreements and other positive measures
of recent years in the field of nuclear disarmament, including reductions in
arsenals of nuclear weapons, as well as in the field of the prevention of
nuclear proliferation in all its aspects,
Underlining the importance of the full and prompt implementation of
such agreements and measures,
Convinced that the present international situation provides an
opportunity to take further effective measures towards nuclear disarmament and
against the proliferation of nuclear weapons in all its aspects, and
declaring their intention to take such measures,
Stressing therefore the need for continued systematic and
progressive efforts to reduce nuclear weapons globally, with the ultimate goal
of eliminating those weapons, and of general and complete disarmament under
strict and effective international control,
Recognizing that the cessation of all nuclear weapon test explosions
and all other nuclear explosions, by constraining the development and
qualitative improvement of nuclear weapons and ending the development of
advanced new types of nuclear weapons, constitutes an effective measure of
nuclear disarmament and non-proliferation in all its aspects,
Further recognizing that an end to all such nuclear explosions will
thus constitute a meaningful step in the realization of a systematic process to
achieve nuclear disarmament,
Convinced that the most effective way to achieve an end to nuclear
testing is through the conclusion of a universal and internationally and
effectively verifiable comprehensive nuclear test-ban treaty, which has long
been one of the highest priority objectives of the international community in
the field of disarmament and non-proliferation,
Noting the aspirations expressed by the Parties to the 1963 Treaty
Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water
to seek to achieve the discontinuance of all test explosions of nuclear weapons
for all time,
Noting also the views expressed that this Treaty could contribute to
the protection of the environment,
Affirming the purpose of attracting the adherence of all States to
this Treaty and its objective to contribute effectively to the prevention of the
proliferation of nuclear weapons in all its aspects, to the process of nuclear
disarmament and therefore to the enhancement of international peace and
security,
Have agreed as follows:
ARTICLE I
BASIC OBLIGATIONS
1. Each State Party undertakes not to carry out any nuclear weapon test
explosion or any other nuclear explosion, and to prohibit and prevent any such
nuclear explosion at any place under its jurisdiction or control.
2. Each State Party undertakes, furthermore, to refrain from causing,
encouraging, or in any way participating in the carrying out of any nuclear
weapon test explosion or any other nuclear explosion.
ARTICLE II
THE ORGANIZATION
A. GENERAL PROVISIONS
1. The States Parties hereby establish the Comprehensive Nuclear Test-Ban
Treaty Organization (hereinafter referred to as “the Organization”)
to achieve the object and purpose of this Treaty, to ensure the implementation
of its provisions, including those for international verification of compliance
with it, and to provide a forum for consultation and cooperation among States
Parties.
2. All States Parties shall be members of the Organization. A State Party
shall not be deprived of its membership in the Organization.
3. The seat of the Organization shall be Vienna, Republic of
Austria.
4. There are hereby established as organs of the Organization: the
Conference of the States Parties, the Executive Council and the Technical
Secretariat, which shall include the International Date Centre.
5. Each State Party shall cooperate with the Organization in the exercise
of its functions in accordance with this Treaty. States Parties shall consult,
directly among themselves, or through the Organization or other appropriate
international procedures, including procedures within the framework of the
United Nations and in accordance with its Charter, on any matter which may be
raised relating to the object and purpose, or the implementation of the
provisions, of this Treaty.
6. The Organization shall conduct its verification activities provided for
under this Treaty in the least intrusive manner possible consistent with the
timely and efficient accomplishment of their objectives. It shall request only
the information and data necessary to fulfil its responsibilities under this
Treaty. It shall take every precaution to protect the confidentiality of
information on civil and military activities and facilities coming to its
knowledge in the implementation of this Treaty and, in particular, shall abide
by the confidentiality provisions set forth in this Treaty.
7. Each State Party shall treat as confidential and afford special handling
to information and data that it receives in confidence from the Organization in
connection with the implementation of this Treaty. It shall treat such
information and data exclusively in connection with its rights and obligations
under this Treaty.
8. The Organization, as an independent body, shall seek to utilize existing
expertise and facilities, as appropriate, and to maximize cost efficiencies,
through cooperative arrangements with other international organizations such as
the International Atomic Energy Agency. Such arrangements, excluding those of a
minor and normal commercial and contractual nature, shall be set out in
agreements to be submitted to the Conference of the States Parties for
approval.
9. The costs of the activities of the Organization shall be met annually by
the States Parties in accordance with the United Nations scale of assessments
adjusted to take into account differences in membership between the United
Nations and the Organization.
10. Financial contributions of States Parties to the Preparatory Commission
shall be deducted in an appropriate way from their contributions to the regular
budget.
11. A member of the Organization which is in arrears in the payment of its
assessed contribution to the Organization shall have no vote in the Organization
if the amount of its arrears equals or exceeds the amount of the contribution
due from it for the preceding two full years. The Conference of the States
Parties may, nevertheless, permit such a member to vote if it is satisfied that
the failure to pay is due to conditions beyond the control of the
member.
B. THE CONFERENCE OF THE STATES PARTIES
Composition, Procedures and Decision-making
12. The Conference of the States Parties (hereinafter referred to as
“the Conference”) shall be composed of all States Parties. Each
State Party shall have one representative in the Conference, who may be
accompanied by alternates and advisers.
13. The initial session of the Conference shall be convened by the
Depositary no later than 30 days after the entry into force of this
Treaty.
14. The Conference shall meet in regular sessions, which shall be held
annually, unless it decides otherwise.
15. A special session of the Conference shall be convened:
(a) When decided by the Conference;
(b) When requested by the Executive Council; or
(c) When requested by any State Party and supported by a majority of the
States Parties.
The special session shall be convened no later than 30 days after the
decision of the Conference, the request of the Executive Council, or the
attainment of the necessary support, unless specified otherwise in the decision
or request.
16. The Conference may also be convened in the form of an Amendment
Conference, in accordance with Article VII.
17. The Conference may also be convened in the form of a Review Conference,
in accordance with Article VIII.
18. Sessions shall take place at the seat of the Organization unless the
Conference decides otherwise.
19. The Conference shall adopt its rules of procedure. At the beginning of
each session, it shall elect its President and such other officers as may be
required. They shall hold office until a new President and other officers are
elected at the next session.
20. A majority of the States Parties shall constitute a quorum.
21. Each State Party shall have one vote.
22. The Conference shall take decisions on matters of procedure by a
majority of members present and voting. Decisions on matters of substance shall
be taken as far as possible by consensus. If consensus is not attainable when
an issue comes up for decision, the President of the Conference shall defer any
vote for 24 hours and during this period of deferment shall make every effort to
facilitate achievement of consensus, and shall report to the Conference before
the end of this period. If consensus is not possible at the end of 24 hours,
the Conference shall take a decision by a two-thirds majority of members present
and voting unless specified otherwise in this Treaty. When the issue arises as
to whether the question is one of substance or not, that question shall be
treated as a matter of substance unless otherwise decided by the majority
required for decisions on matters of substance.
23. When exercising its function under paragraph 26 (k), the Conference
shall take a decision to add any State to the list of States contained in Annex
1 to this Treaty in accordance with the procedure for decisions on matters of
substance set out in paragraph 22. Notwithstanding paragraph 22, the Conference
shall take decisions on any other change to Annex 1 to this Treaty by
consensus.
Powers and Functions
24. The Conference shall be the principal organ of the Organization. It
shall consider any questions, matters or issues within the scope of this Treaty,
including those relating to the powers and functions of the Executive Council
and the Technical Secretariat, in accordance with this Treaty. It may make
recommendations and take decisions on any questions, matters or issues within
the scope of this Treaty raised by a State Party or brought to its attention by
the Executive Council.
25. The Conference shall oversee the implementation of, and review
compliance with, this Treaty and act in order to promote its object and purpose.
It shall also oversee the activities of the Executive Council and the Technical
Secretariat and may issue guidelines to either of them for the exercise of their
functions.
26. The Conference shall:
(a) Consider and adopt the report of the Organization on the
implementation of this Treaty and the annual program and budget of the
Organization, submitted by the Executive Council, as well as consider other
reports;
(b) Decide on the scale of financial contributions to be paid by States
Parties in accordance with paragraph 9;
(c) Elect the members of the Executive Council;
(d) Appoint the Director-General of the Technical Secretariat (hereinafter
referred to as “the Director-General”);
(e) Consider and approve the rules of procedure of the Executive Council
submitted by the latter;
(f) Consider and review scientific and technological developments that
could affect the operation of this Treaty. In this context, the Conference may
direct the Director-General to establish a Scientific Advisory Board to enable
him or her, in the performance of his or her functions, to render specialized
advice in areas of science and technology relevant to this Treaty to the
Conference, to the Executive Council, or to States Parties. In that case, the
Scientific Advisory Board shall be composed of independent experts serving in
their individual capacity and appointed, in accordance with terms of reference
adopted by the Conference, on the basis of their expertise and experience in the
particular scientific fields relevant to the implementation of this
Treaty;
(g) Take the necessary measures to ensure compliance with this Treaty and
to redress and remedy any situation that contravenes the provisions of this
Treaty, in accordance with Article V;
(h) Consider and approve at its initial session any draft agreements,
arrangements, provisions, procedures, operational manuals, guidelines and any
other documents developed and recommended by the Preparatory
Commission;
(i) Consider and approve agreements or arrangements negotiated by the
Technical Secretariat with States Parties, other States and international
organizations to be concluded by the Executive Council on behalf of the
Organization in accordance with paragraph 38 (h);
(j) Establish such subsidiary organs as it finds necessary for the
exercise of its functions in accordance with this Treaty; and
(k) Update Annex 1 to this Treaty, as appropriate, in accordance with
paragraph 23.
C. THE EXECUTIVE COUNCIL
Composition, Procedures and Decision-making
27. The Executive Council shall consist of 51 members. Each State Party
shall have the right, in accordance with the provisions of this Article, to
serve on the Executive Council.
28. Taking into account the need for equitable geographical distribution,
the Executive Council shall comprise:
(a) Ten States Parties from Africa;
(b) Seven States Parties from Eastern Europe;
(c) Nine States Parties from Latin America and the Caribbean;
(d) Seven States Parties from the Middle East and South Asia;
(e) Ten States Parties from North America and Western Europe;
and
(f) Eight States Parties from South-East Asia, the Pacific and the Far
East.
All States in each of the above geographical regions are listed in Annex 1
to this Treaty. Annex 1 to this Treaty shall be updated, as appropriate, by the
Conference in accordance with paragraphs 23 and 26 (k). It shall not be subject
to amendments or changes under the procedures contained in Article
VII.
29. The members of the Executive Council shall be elected by the
Conference. In this connection, each geographical region shall designate States
Parties from that region for election as members of the Executive Council as
follows:
(a) At least one-third of the seats allocated to each geographical region
shall be filled, taking into account political and security interests, by States
Parties in that region designated on the basis of the nuclear capabilities
relevant to the Treaty as determined by international data as well as all or any
of the following indicative criteria in the order of priority determined by each
region:
(i) Number of monitoring facilities of the International Monitoring
System;
(ii) Expertise and experience in monitoring technology; and
(iii) Contribution to the annual budget of the Organization;
(b) One of the seats allocated to each geographical region shall be filled
on a rotational basis by the State Party that is first in the English
alphabetical order among the States Parties in that region that have not served
as members of the Executive Council for the longest period of time since
becoming States Parties or since their last term, whichever is shorter. A State
Party designated on this basis may decide to forgo its seat. In that case, such
a State Party shall submit a letter of renunciation to the Director-General, and
the seat shall be filled by the State Party following next-in-order according to
this sub-paragraph; and
(c) The remaining seats allocated to each geographical region shall be
filled by States Parties designated from among all the States Parties in that
region by rotation or elections.
30. Each member of the Executive Council shall have one representative on
the Executive Council, who may be accompanied by alternates and
advisers.
31. Each member of the Executive Council shall hold office from the end of
the session of the Conference at which that member is elected until the end of
the second regular annual session of the Conference thereafter, except that for
the first election of the Executive Council, 26 members shall be elected to hold
office until the end of the third regular annual session of the Conference, due
regard being paid to the established numerical proportions as described in
paragraph 28.
32. The Executive Council shall elaborate its rules of procedure and submit
them to the Conference for approval.
33. The Executive Council shall elect its Chairman from among its
members.
34. The Executive Council shall meet for regular sessions. Between regular
sessions it shall meet as may be required for the fulfilment of its powers and
functions.
35. Each member of the Executive Council shall have one vote.
36. The Executive Council shall take decisions on matters of procedure by a
majority of all its members. The Executive Council shall take decisions on
matters of substance by a two-thirds majority of all its members unless
specified otherwise in this Treaty. When the issue arises as to whether the
question is one of substance or not, that question shall be treated as a matter
of substance unless otherwise decided by the majority required for decisions on
matters of substance.
Powers and Functions
37. The Executive Council shall be the executive organ of the Organization.
It shall be responsible to the Conference. It shall carry out the powers and
functions entrusted to it in accordance with this Treaty. In so doing, it shall
act in conformity with the recommendations, decisions and guidelines of the
Conference and ensure their continuous and proper implementation.
38. The Executive Council shall:
(a) Promote effective implementation of, and compliance with, this
Treaty;
(b) Supervise the activities of the Technical Secretariat;
(c) Make recommendations as necessary to the Conference for consideration
of further proposals for promoting the object and purpose of this
Treaty;
(d) Cooperate with the National Authority of each State Party;
(e) Consider and submit to the Conference the draft annual program and
budget of the Organization, the draft report of the Organization on the
implementation of this Treaty, the report on the performance of its own
activities and such other reports as it deems necessary or that the Conference
may request;
(f) Make arrangements for the sessions of the Conference, including the
preparation of the draft agenda;
(g) Examine proposals for changes, on matters of an administrative or
technical nature, to the Protocol or the Annexes thereto, pursuant to Article
VII, and make recommendations to the States Parties regarding their
adoption;
(h) Conclude, subject to prior approval of the Conference, agreements or
arrangements with States Parties, other States and international organizations
on behalf of the Organization and supervise their implementation, with the
exception of agreements or arrangements referred to in sub-paragraph
(i);
(i) Approve and supervise the operation of agreements or arrangements
relating to the implementation of verification activities with States Parties
and other States; and
(j) Approve any new operational manuals and any changes to the existing
operational manuals that may be proposed by the Technical Secretariat.
39. The Executive Council may request a special session of the
Conference.
40. The Executive Council shall:
(a) Facilitate cooperation among States Parties, and between States
Parties and the Technical Secretariat, relating to the implementation of this
Treaty through information exchanges;
(b) Facilitate consultation and clarification among States Parties in
accordance with Article IV; and
(c) Receive, consider and take action on requests for, and reports on,
on-site inspections in accordance with Article IV.
41. The Executive Council shall consider any concern raised by a State
Party about possible non-compliance with this Treaty and abuse of the rights
established by this Treaty. In so doing, the Executive Council shall consult
with the States Parties involved and, as appropriate, request a State Party to
take measures to redress the situation within a specified time. To the extent
that the Executive Council considers further action to be necessary, it shall
take, inter alia, one or more of the following measures:
(a) Notify all States Parties of the issue or matter;
(b) Bring the issue or matter to the attention of the
Conference;
(c) Make recommendations to the Conference or take action, as appropriate,
regarding measures to redress the situation and to ensure compliance in
accordance with Article V.
D. THE TECHNICAL SECRETARIAT
42. The Technical Secretariat shall assist States Parties in the
implementation of this Treaty. The Technical Secretariat shall assist the
Conference and the Executive Council in the performance of their functions. The
Technical Secretariat shall carry out the verification and other functions
entrusted to it by this Treaty, as well as those functions delegated to it by
the Conference or the Executive Council in accordance with this Treaty. The
Technical Secretariat shall include, as an integral part, the International Data
Centre.
43. The functions of the Technical Secretariat with regard to verification
of compliance with this Treaty shall, in accordance with Article IV and the
Protocol include inter alia:
(a) Being responsible for supervising and coordinating the operation of
the International Monitoring System;
(b) Operating the International Data Centre;
(c) Routinely receiving, processing, analysing and reporting on
International Monitoring System data;
(d) Providing technical assistance in, and support for, the installation
and operation of monitoring stations;
(e) Assisting the Executive Council in facilitating consultation and
clarification among States Parties;
(f) Receiving requests for on-site inspections and processing them,
facilitating Executive Council consideration of such requests, carrying out the
preparations for, and providing technical support during, the conduct of on-site
inspections, and reporting to the Executive Council;
(g) Negotiating agreements or arrangements with States Parties, other
States and international organizations and concluding, subject to prior approval
by the Executive Council, any such agreements or arrangements relating to
verification activities with States Parties or other States; and
(h) Assisting the States Parties through their National Authorities on
other issues of verification under this Treaty.
44. The Technical Secretariat shall develop and maintain, subject to
approval by the Executive Council, operational manuals to guide the operation of
the various components of the verification regime, in accordance with Article IV
and the Protocol. These manuals shall not constitute integral parts of this
Treaty or the Protocol and may be changed by the Technical Secretariat subject
to approval by the Executive Council. The Technical Secretariat shall promptly
inform the States Parties of any changes in the operational manuals.
45. The functions of the Technical Secretariat with respect to
administrative matters shall include:
(a) Preparing and submitting to the Executive Council the draft program
and budget of the Organization;
(b) Preparing and submitting to the Executive Council the draft report of
the Organization on the implementation of this Treaty and such other reports as
the Conference or the Executive Council may request;
(c) Providing administrative and technical support to the Conference, the
Executive Council and other subsidiary organs;
(d) Addressing and receiving communications on behalf of the Organization
relating to the implementation of this Treaty; and
(e) Carrying out the administrative responsibilities related to any
agreements between the Organization and other international
organizations.
46. All requests and notifications by States Parties to the Organization
shall be transmitted through their National Authorities to the Director-General.
Requests and notifications shall be in one of the official languages of this
Treaty. In response the Director-General shall use the language of the
transmitted request or notification.
47. With respect to the responsibilities of the Technical Secretariat for
preparing and submitting to the Executive Council the draft program and budget
of the Organization, the Technical Secretariat shall determine and maintain a
clear accounting of all costs for each facility established as part of the
International Monitoring System. Similar treatment in the draft program and
budget shall be accorded to all other activities of the Organization.
48. The Technical Secretariat shall promptly inform the Executive Council
of any problems that have arisen with regard to the discharge of its functions
that have come to its notice in the performance of its activities and that it
has been unable to resolve through consultations with the State Party
concerned.
49. The Technical Secretariat shall comprise a Director-General, who shall
be its head and chief administrative officer, and such scientific, technical and
other personnel as may be required. The Director-General shall be appointed by
the Conference upon the recommendation of the Executive Council for a term of
four years, renewable for one further term, but not thereafter. The first
Director-General shall be appointed by the Conference at its initial session
upon the recommendation of the Preparatory Commission.
50. The Director-General shall be responsible to the Conference and the
Executive Council for the appointment of the staff and for the organization and
functioning of the Technical Secretariat. The paramount consideration in the
employment of the staff and in the determination of the conditions of service
shall be the necessity of securing the highest standards of professional
expertise, experience, efficiency, competence and integrity. Only citizens of
States Parties shall serve as the Director-General, as inspectors or as members
of the professional and clerical staff. Due regard shall be paid to the
importance of recruiting the staff on as wide a geographical basis as possible.
Recruitment shall be guided by the principle that the staff shall be kept to the
minimum necessary for the proper discharge of the responsibilities of the
Technical Secretariat.
51. The Director-General may, as appropriate, after consultation with the
Executive Council, establish temporary working groups of scientific experts to
provide recommendations on specific issues.
52. In the performance of their duties, the Director-General, the
inspectors, the inspection assistants and the members of the staff shall not
seek or receive instructions from any Government or from any other source
external to the Organization. They shall refrain from any action that might
reflect adversely on their positions as international officers responsible only
to the Organization. The Director-General shall assume responsibility for the
activities of an inspection team.
53. Each State Party shall respect the exclusively international character
of the responsibilities of the Director-General, the inspectors, the inspection
assistants and the members of the staff and shall not seek to influence them in
the discharge of their responsibilities
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.
ARTICLE III
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:
(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
anywhere.
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.
ARTICLE IV
VERIFICATION
A. GENERAL PROVISIONS
1. In order to verify compliance with this Treaty, a verification regime
shall be established consisting of the following elements:
(a) An International Monitoring System;
(b) Consultation and clarification;
(c) On-site inspections; and
(d) Confidence-building measures.
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) 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.
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
Secretariat
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
Treaty:
(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.
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) Establishing any new facilities and upgrading existing facilities,
unless the State responsible for such facilities meets these costs
itself;
(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 Organization.
20. For auxiliary network seismic stations specified in Table 1-B of Annex
l 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) Transmitting data to the International Data Centre;
(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 itself; and
(e) Any other costs related to the provision of data required by the
Organization as specified in the relevant operational manuals.
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 Party.
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 percent 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 to 6.
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) 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).
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) 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.
Temporary Arrangements
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 as follows:
(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 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) 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.
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
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 possible violator.
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.
Executive Council Decisions
46. The Executive Council shall take a decision on the on-site inspection
request no later than 96 hours after receipt of the request from the requesting
State Party. The decision to approve the on-site inspection shall be made by at
least 30 affirmative votes of members of the Executive Council. If the
Executive Council does not approve the inspection, preparations shall be stopped
and no further action on the request shall be taken.
47. No later than 25 days after the approval of the on-site inspection in
accordance with paragraph 46, the inspection team shall transmit to the
Executive Council, through the Director-General, a progress inspection report.
The continuation of the inspection shall be considered approved unless the
Executive Council, no later than 72 hours after receipt of the progress
inspection report, decides by a majority of all its members not to continue the
inspection. If the Executive Council decides not to continue the inspection,
the inspection shall be terminated, and the inspection team shall leave the
inspection area and the territory of the inspected State Party as soon as
possible in accordance with Part II, paragraphs 109 and 110 of the
Protocol.
48. In the course of the on-site inspection, the inspection team may submit
to the Executive Council, through the Director-General, a proposal to conduct
drilling. The Executive Council shall take a decision on such a proposal no
later than 72 hours after receipt of the proposal. The decision to approve
drilling shall be made by a majority of all members of the Executive
Council.
49. The inspection team may request the Executive Council, through the
Director-General, to extend the inspection duration by a maximum of 70 days
beyond the 60-day time-frame specified in Part II, paragraph 4 of the Protocol,
if the inspection team considers such an extension essential to enable it to
fulfil its mandate. The inspection team shall indicate in its request which of
the activities and techniques listed in Part II, paragraph 69 of the Protocol it
intends to carry out during the extension period. The Executive Council shall
take a decision on the extension request no later than 72 hours after receipt of
the request. The decision to approve an extension of the inspection duration
shall be made by a majority of all members of the Executive Council.
50. Any time following the approval of the continuation of the on-site
inspection in accordance with paragraph 47, the inspection team may submit to
the Executive Council, through the Director-General, a recommendation to
terminate the inspection. Such a recommendation shall be considered approved
unless the Executive Council, no later than 72 hours after receipt of the
recommendation, decides by a two-thirds majority of all its members not to
approve the termination of the inspection. In case of termination of the
inspection, the inspection team shall leave the inspection area and the
territory of the inspected State Party as soon as possible in accordance with
Part II, paragraphs 109 and 110 of the Protocol.
51. The requesting State Party and the State Party sought to be inspected
may participate in the deliberations of the Executive Council on the on-site
inspection request without voting. The requesting State Party and the inspected
State Party may also participate without voting in any subsequent deliberations
of the Executive Council related to the inspection.
52. The Director-General shall notify all States Parties within 24 hours
about any decision by and reports, proposals, requests and recommendations to
the Executive Council pursuant to paragraphs 46 to 50.
Follow-up After Executive Council Approval of an On-Site
Inspection
53. An on-site inspection approved by the Executive Council shall be
conducted without delay by an inspection team designated by the Director-General
and in accordance with the provisions of this Treaty and the Protocol. The
inspection team shall arrive at the point of entry no later than six days
following the receipt by the Executive Council of the on-site inspection request
from the requesting State Party.
54. The Director-General shall issue an inspection mandate for the conduct
of the on-site inspection. The inspection mandate shall contain the information
specified in Part II, paragraph 42 of the Protocol.
55. The Director-General shall notify the inspected State Party of the
inspection no less than 24 hours before the planned arrival of the inspection
team at the point of entry, in accordance with Part II, paragraph 43 of the
Protocol.
The Conduct of an On-Site Inspection
56. Each State Party shall permit the Organization to conduct an on-site
inspection on its territory or at places under its jurisdiction or control in
accordance with the provisions of this Treaty and the Protocol. However, no
State Party shall have to accept simultaneous on-site inspections on its
territory or at places under its jurisdiction or control.
57. In accordance with the provisions of this Treaty and the Protocol, the
inspected State Party shall have:
(a) The right and the obligation to make every reasonable effort to
demonstrate its compliance with this Treaty and, to this end, to enable the
inspection team to fulfil its mandate;
(b) The right to take measures it deems necessary to protect national
security interests and to prevent disclosure of confidential information not
related to the purpose of the inspection;
(c) The obligation to provide access within the inspection area for the
sole purpose of determining facts relevant to the purpose of the inspection,
taking into account sub-paragraph (b) and any constitutional obligations it may
have with regard to proprietary rights or searches and seizures;
(d) The obligation not to invoke this paragraph or Part II, paragraph 88
of the Protocol to conceal any violation of its obligations under Article I;
and
(e) The obligation not to impede the ability of the inspection team to
move within the inspection area and to carry out inspection activities in
accordance with this Treaty and the Protocol.
Access, in the context of an on-site inspection, means both the physical
access of the inspection team and the inspection equipment to, and the conduct
of inspection activities within, the inspection area.
58. The on-site inspection shall be conducted in the least intrusive manner
possible, consistent with the efficient and timely accomplishment of the
inspection mandate, and in accordance with the procedures set forth in the
Protocol. Wherever possible, the inspection team shall begin with the least
intrusive procedures and then proceed to more intrusive procedures only as it
deems necessary to collect sufficient information to clarify the concern about
possible non-compliance with this Treaty. The inspectors shall seek only the
information and data necessary for the purpose of the inspection and shall seek
to minimize interference with normal operations of the inspected State
Party.
59. The inspected State Party shall assist the inspection team throughout
the on-site inspection and facilitate its task.
60. If the inspected State Party, acting in accordance with Part II,
paragraphs 86 to 96 of the Protocol, restricts access within the inspection
area, it shall make every reasonable effort in consultations with the inspection
team to demonstrate through alternative means its compliance with this
Treaty.
Observer
61. With regard to an observer, the following shall apply:
(a) The requesting State Party, subject to the agreement of the inspected
State Party, may send a representative, who shall be a national either of the
requesting State Party or of a third State Party, to observe the conduct of the
on-site inspection;
(b) The inspected State Party shall notify its acceptance or
non-acceptance of the proposed observer to the Director-General within 12 hours
after approval of the on-site inspection by the Executive Council;
(c) In case of acceptance, the inspected State Party shall grant access to
the observer in accordance with the Protocol;
(d) The inspected State Party shall, as a rule, accept the proposed
observer, but if the inspected State Party exercises a refusal, that fact shall
be recorded in the inspection report.
There shall be no more than three observers from an aggregate of requesting
States Parties.
Reports of an On-Site Inspection
62. Inspection reports shall contain:
(a) A description of the activities conducted by the inspection
team;
(b) The factual findings of the inspection team relevant to the purpose of
the inspection;
(c) An account of the cooperation granted during the on-site
inspection;
(d) A factual description of the extent of the access granted, including
the alternative means provided to the team, during the on-site inspection;
and
(e) Any other details relevant to the purpose of the inspection.
Differing observations made by inspectors may be attached to the
report.
63. The Director-General shall make draft inspection reports available to
the inspected State Party. The inspected State Party shall have the right to
provide the Director-General within 48 hours with its comments and explanations,
and to identify any information and data which, in its view, are not related to
the purpose of the inspection and should not be circulated outside the Technical
Secretariat. The Director-General shall consider the proposals for changes to
the draft inspection report made by the inspected State Party and shall wherever
possible incorporate them. The Director-General shall also annex the comments
and explanations provided by the inspected State Party to the inspection
report.
64. The Director-General shall promptly transmit the inspection report to
the requesting State Party, the inspected State Party, the Executive Council and
to all other States Parties. The Director-General shall further transmit
promptly to the Executive Council and to all other States Parties any results of
sample analysis in designated laboratories in accordance with Part II, paragraph
104 of the Protocol, relevant data from the International Monitoring System, the
assessments of the requesting and inspected States Parties, as well as any other
information that the Director-General deems relevant. In the case of the
progress inspection report referred to in paragraph 47, the Director-General
shall transmit the report to the Executive Council within the time-frame
specified in that paragraph.
65. The Executive Council, in accordance with its powers and functions,
shall review the inspection report and any material provided pursuant to
paragraph 64, and shall address any concerns as to:
(a) Whether any non-compliance with this Treaty has occurred;
and
(b) Whether the right to request an on-site inspection has been
abused.
66. If the Executive Council reaches the conclusion, in keeping with its
powers and functions, that further action may be necessary with regard to
paragraph 65, it shall take the appropriate measures in accordance with Article
V.
Frivolous or Abusive On-Site Inspection
Requests
67. If the Executive Council does not approve the on-site inspection on the
basis that the on-site inspection request is frivolous or abusive, or if the
inspection is terminated for the same reasons, the Executive Council shall
consider and decide on whether to implement appropriate measures to redress the
situation, including the following:
(a) Requiring the requesting State Party to pay for the cost of any
preparations made by the Technical Secretariat;
(b) Suspending the right of the requesting State Party to request an
on-site inspection for a period of time, as determined by the Executive Council;
and
(c) Suspending the right of the requesting State Party to serve on the
Executive Council for a period of time.
E. CONFIDENCE-BUILDING MEASURES
68. In order to:
(a) Contribute to the timely resolution of any compliance concerns arising
from possible misinterpretation of verification data relating to chemical
explosions; and
(b) Assist in the calibration of the stations that are part of the
component networks of the International Monitoring System,
each State Party undertakes to cooperate with the Organization and with
other States Parties in implementing relevant measures as set out in Part III of
the Protocol.
ARTICLE V
MEASURES TO REDRESS A SITUATION AND TO ENSURE COMPLIANCE,
INCLUDING SANCTIONS
1. The Conference, taking into account, inter alia, the
recommendations of the Executive Council, shall take the necessary measures, as
set forth in paragraphs 2 and 3, to ensure compliance with this Treaty and to
redress and remedy any situation which contravenes the provisions of this
Treaty.
2. In cases where a State Party has been requested by the Conference or the
Executive Council to redress a situation raising problems with regard to its
compliance and fails to fulfil the request within the specified time, the
Conference may, inter alia, decide to restrict or suspend the State Party
from the exercise of its rights and privileges under this Treaty until the
Conference decides otherwise.
3. In cases where damage to the object and purpose of this Treaty may
result from non-compliance with the basic obligations of this Treaty, the
Conference may recommend to States Parties collective measures which are in
conformity with international law.
4. The Conference, or alternatively, if the case is urgent, the Executive
Council, may bring the issue, including relevant information and conclusions, to
the attention of the United Nations.
ARTICLE VI
SETTLEMENT OF DISPUTES
1. Disputes that may arise concerning the application or the interpretation
of this Treaty shall be settled in accordance with the relevant provisions of
this Treaty and in conformity with the provisions of the Charter of the United
Nations.
2. When a dispute arises between two or more States Parties, or between one
or more States Parties and the Organization, relating to the application or
interpretation of this Treaty, the parties concerned shall consult together with
a view to the expeditious settlement of the dispute by negotiation or by other
peaceful means of the parties’ choice, including recourse to appropriate
organs of this Treaty and, by mutual consent, referral to the International
Court of Justice in conformity with the Statute of the Court. The parties
involved shall keep the Executive Council informed of actions being
taken.
3. The Executive Council may contribute to the settlement of a dispute that
may arise concerning the application or interpretation of this Treaty by
whatever means it deems appropriate, including offering its good offices,
calling upon the States Parties to a dispute to seek a settlement through a
process of their own choice, bringing the matter to the attention of the
Conference and recommending a time-limit for any agreed procedure.
4. The Conference shall consider questions related to disputes raised by
States Parties or brought to its attention by the Executive Council. The
Conference shall, as it finds necessary, establish or entrust organs with tasks
related to the settlement of these disputes in conformity with Article II,
paragraph 26 (j).
5. The Conference and the Executive Council are separately empowered,
subject to authorization from the General Assembly of the United Nations, to
request the International Court of Justice to give an advisory opinion on any
legal question arising within the scope of the activities of the Organization.
An agreement between the Organization and the United Nations shall be concluded
for this purpose in accordance with Article II, paragraph 38 (h).
6. This Article is without prejudice to Articles IV and V.
ARTICLE VII
AMENDMENTS
1. At any time after the entry into force of this Treaty, any State Party
may propose amendments to this Treaty, the Protocol, or the Annexes to the
Protocol. Any State Party may also propose changes, in accordance with
paragraph 7, to the Protocol or the Annexes thereto. Proposals for amendments
shall be subject to the procedures in paragraphs 2 to 6. Proposals for changes,
in accordance with paragraph 7, shall be subject to the procedures in paragraph
8.
2. The proposed amendment shall be considered and adopted only by an
Amendment Conference.
3. Any proposal for an amendment shall be communicated to the
Director-General, who shall circulate it to all States Parties and the
Depositary and seek the views of the States Parties on whether an Amendment
Conference should be convened to consider the proposal. If a majority of the
States Parties notify the Director-General no later than 30 days after its
circulation that they support further consideration of the proposal, the
Director-General shall convene an Amendment Conference to which all States
Parties shall be invited.
4. The Amendment Conference shall be held immediately following a regular
session of the Conference unless all States Parties that support the convening
of an Amendment Conference request that it be held earlier. In no case shall an
Amendment Conference be held less than 60 days after the circulation of the
proposed amendment.
5. Amendments shall be adopted by the Amendment Conference by a positive
vote of a majority of the States Parties with no State Party casting a negative
vote.
6. Amendments shall enter into force for all States Parties 30 days after
deposit of the instruments of ratification or acceptance by all those States
Parties casting a positive vote at the Amendment Conference.
7. In order to ensure the viability and effectiveness of this Treaty, Parts
I and III of the Protocol and Annexes 1 and 2 to the Protocol shall be subject
to changes in accordance with paragraph 8, if the proposed changes are related
only to matters of an administrative or technical nature. All other provisions
of the Protocol and the Annexes thereto shall not be subject to changes in
accordance with paragraph 8.
8. Proposed changes referred to in paragraph 7 shall be made in accordance
with the following procedures:
(a) The text of the proposed changes shall be transmitted together with
the necessary information to the Director-General. Additional information for
the evaluation of the proposal may be provided by any State Party and the
Director-General. The Director-General shall promptly communicate any such
proposals and information to all States Parties, the Executive Council and the
Depositary;
(b) No later than 60 days after its receipt, the Director-General shall
evaluate the proposal to determine all its possible consequences for the
provisions of this Treaty and its implementation and shall communicate any such
information to all States Parties and the Executive Council;
(c) The Executive Council shall examine the proposal in the light of all
information available to it, including whether the proposal fulfils the
requirements of paragraph 7. No later than 90 days after its receipt, the
Executive Council shall notify its recommendation, with appropriate
explanations, to all States Parties for consideration. States Parties shall
acknowledge receipt within 10 days;
(d) If the Executive Council recommends to all States Parties that the
proposal be adopted, it shall be considered approved if no State Party objects
to it within 90 days after receipt of the recommendation. If the Executive
Council recommends that the proposal be rejected, it shall be considered
rejected if no State Party objects to the rejection within 90 days after receipt
of the recommendation;
(e) If a recommendation of the Executive Council does not meet with the
acceptance required under sub-paragraph (d), a decision on the proposal,
including whether it fulfils the requirements of paragraph 7, shall be taken as
a matter of substance by the Conference at its next session;
(f) The Director-General shall notify all States Parties and the
Depositary of any decision under this paragraph;
(g) Changes approved under this procedure shall enter into force for all
States Parties 180 days after the date of notification by the Director-General
of their approval unless another time period is recommended by the Executive
Council or decided by the Conference.
ARTICLE VIII
REVIEW OF THE TREATY
1. Unless otherwise decided by a majority of the States Parties, ten years
after the entry into force of this Treaty a Conference of the States Parties
shall be held to review the operation and effectiveness of this Treaty, with a
view to assuring itself that the objectives and purposes in the Preamble and the
provisions of the Treaty are being realized. Such review shall take into
account any new scientific and technological developments relevant to this
Treaty. On the basis of a request by any State Party, the Review Conference
shall consider the possibility of permitting the conduct of underground nuclear
explosions for peaceful purposes. If the Review Conference decides by consensus
that such nuclear explosions may be permitted, it shall commence work without
delay, with a view to recommending to States Parties an appropriate amendment to
this Treaty that shall preclude any military benefits of such nuclear
explosions. Any such proposed amendment shall be communicated to the
Director-General by any State Party and shall be dealt with in accordance with
the provisions of Article VII.
2. At intervals of ten years thereafter, further Review Conferences may be
convened with the same objective, if the Conference so decides as a matter of
procedure in the preceding year. Such Conferences may be convened after an
interval of less than ten years if so decided by the Conference as a matter of
substance.
3. Normally, any Review Conference shall be held immediately following the
regular annual session of the Conference provided for in Article
II.
ARTICLE IX
DURATION AND WITHDRAWAL
1. This Treaty shall be of unlimited duration.
2. Each State Party shall, in exercising its national sovereignty, have the
right to withdraw from this Treaty if it decides that extraordinary events
related to the subject matter of this Treaty have jeopardized its supreme
interests.
3. Withdrawal shall be effected by giving notice six months in advance to
all other States Parties, the Executive Council, the Depositary and the United
Nations Security Council. Notice of withdrawal shall include a statement of the
extraordinary event or events which a State Party regards as jeopardizing its
supreme interests.
ARTICLE X
STATUS OF THE PROTOCOL AND THE ANNEXES
The Annexes to this Treaty, the Protocol, and the Annexes to the Protocol
form an integral part of the Treaty. Any reference to this Treaty includes the
Annexes to this Treaty, the Protocol and the Annexes to the
Protocol.
ARTICLE XI
SIGNATURE
This Treaty shall be open to all States for signature before its entry into
force.
ARTICLE XII
RATIFICATION
This Treaty shall be subject to ratification by States Signatories
according to their respective constitutional processes.
ARTICLE XIII
ACCESSION
Any State which does not sign this Treaty before its entry into force may
accede to it at any time thereafter.
ARTICLE XIV
ENTRY INTO FORCE
1. This Treaty shall enter into force 180 days after the date of deposit of
the instruments of ratification by all States listed in Annex 2 to this Treaty,
but in no case earlier than two years after its opening for signature.
2. If this Treaty has not entered into force three years after the date of
the anniversary of its opening for signature, the Depositary shall convene a
Conference of the States that have already deposited their instruments of
ratification upon the request of a majority of those States. That Conference
shall examine the extent to which the requirement set out in paragraph 1 has
been met and shall consider and decide by consensus what measures consistent
with international law may be undertaken to accelerate the ratification process
in order to facilitate the early entry into force of this Treaty.
3. Unless otherwise decided by the Conference referred to in paragraph 2 or
other such conferences, this process shall be repeated at subsequent
anniversaries of the opening for signature of this Treaty, until its entry into
force.
4. All States Signatories shall be invited to attend the Conference
referred to in paragraph 2 and any subsequent conferences as referred to in
paragraph 3, as observers.
5. For States whose instruments of ratification or accession are deposited
subsequent to the entry into force of this Treaty, it shall enter into force on
the 30th day following the date of deposit of their instruments of ratification
or accession.
ARTICLE XV
RESERVATIONS
The Articles of and the Annexes to this Treaty shall not be subject to
reservations. The provisions of the Protocol to this Treaty and the Annexes to
the Protocol shall not be subject to reservations incompatible with the object
and purpose of this Treaty.
ARTICLE XVI
DEPOSITARY
1. The Secretary-General of the United Nations shall be the Depositary of
this Treaty and shall receive signatures, instruments of ratification and
instruments of accession.
2. The Depositary shall promptly inform all States Signatories and acceding
States of the date of each signature, the date of deposit of each instrument of
ratification or accession, the date of the entry into force of this Treaty and
of any amendments and changes thereto, and the receipt of other
notices.
3. The Depositary shall send duly certified copies of this Treaty to the
Governments of the States Signatories and acceding States.
4. This Treaty shall be registered by the Depositary pursuant to Article
102 of the Charter of the United Nations.
ARTICLE XVII
AUTHENTIC TEXTS
This Treaty, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
[Signatures not reproduced here.]
ANNEX 1 TO THE TREATY
LIST OF STATES PURSUANT TO ARTICLE II, PARAGRAPH
28
Africa
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape
Verde, Central African Republic, Chad, Comoros, Congo, Côte
d’Ivoire, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon,
Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libyan Arab
Jamahiriya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco,
Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome & Principe, Senegal,
Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Swaziland, Togo,
Tunisia, Uganda, United Republic of Tanzania, Zaire, Zambia, Zimbabwe.
Eastern Europe
Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria,
Croatia, Czech Republic, Estonia, Georgia, Hungary, Latvia, Lithuania, Moldova,
Poland, Romania, Russian Federation, Slovakia, Slovenia, The former Yugoslav
Republic of Macedonia, Ukraine, Yugoslavia.
Latin America and the Caribbean
Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize, Bolivia, Brazil,
Chile, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, El
Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico,
Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint
Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay,
Venezuela.
Middle East and South Asia
Afghanistan, Bahrain, Bangladesh, Bhutan, India, Iran (Islamic Republic
of), Iraq, Israel, Jordan, Kazakstan, Kuwait, Kyrgyzstan, Lebanon, Maldives,
Oman, Nepal, Pakistan, Qatar, Saudi Arabia, Sri Lanka, Syrian Arab Republic,
Tajikistan, Turkmenistan, United Arab Emirates, Uzbekistan, Yemen.
North America and Western Europe
Andorra, Austria, Belgium, Canada, Cyprus, Denmark, Finland, France,
Germany, Greece, Holy See, Iceland, Ireland, Italy, Liechtenstein, Luxembourg,
Malta, Monaco, Netherlands, Norway, Portugal, San Marino, Spain, Sweden,
Switzerland, Turkey, United Kingdom of Great Britain and Northern Ireland,
United States of America.
South East Asia, the Pacific and the Far East
Australia, Brunei Darussalam, Cambodia, China, Cook Islands, Democratic
People’s Republic of Korea, Fiji, Indonesia, Japan, Kiribati, Lao
People’s Democratic Republic, Malaysia, Marshall Islands, Micronesia
(Federated States of), Mongolia, Myanmar, Nauru, New Zealand, Niue, Palau, Papua
New Guinea, Philippines, Republic of Korea, Samoa, Singapore, Solomon Islands,
Thailand, Tonga, Tuvalu, Vanuatu, Vietnam.
ANNEX 2 TO THE TREATY
LIST OF STATES PURSUANT TO ARTICLE XIV
List of States members of the Conference on Disarmament as at 18 June 1996
which formally participated in the work of the 1996 session of the Conference
and which appear in Table 1 of the International Atomic Energy Agency’s
April 1996 edition of “Nuclear Power Reactors in the World”, and of
States members of the Conference on Disarmament as at 18 June 1996 which
formally participated in the work of the 1996 session of the Conference and
which appear in Table 1 of the International Atomic Energy Agency’s
December 1995 edition of “Nuclear Research Reactors in the
World”:
Algeria, Argentina, Australia, Austria, Bangladesh, Belgium, Brazil,
Bulgaria, Canada, Chile, China, Colombia, Democratic People’s Republic of
Korea, Egypt, Finland, France, Germany, Hungary, India, Indonesia, Iran (Islamic
Republic of), Israel, Italy, Japan, Mexico, Netherlands, Norway, Pakistan, Peru,
Poland, Romania, Republic of Korea, Russian Federation, Slovakia, South Africa,
Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom of Great Britain and
Northern Ireland, United States of America, Vietnam, Zaire.
PROTOCOL TO THE COMPREHENSIVE NUCLEAR
TEST-BAN
TREATY
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 co-ordinate 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 seigmological 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 date 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
fulfil 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 and
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 a
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 characterisation 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;
(c) Executive summaries, which summarise 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 (c), 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
(c) 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
(c) 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 on-site 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 non-acceptance.
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 any 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;
(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 tine 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.
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 co-ordinates 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;
(c) 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 refuelling.
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;
(c) 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
(c) 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, pre-equipped 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 time-frame 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;
(c) 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
(c) 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;
(c) 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 kilometres 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 analyse samples on-site.
Representatives of the inspected State Party shall have the right to be present
when samples are analysed 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;
(c) 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 relation to specific
investigations.
103. When off-site analysis is to be performed, samples shall be analysed
in at least two designated laboratories. The Technical Secretariat shall ensure
the expeditious processing of the analysis. The samples shall be accounted for
by the Technical Secretariat and any unused samples or portions thereof shall be
returned to the Technical Secretariat.
104. The Technical Secretariat shall compile the results of the laboratory
analysis of samples relevant to the purpose of the inspection. Pursuant to
Article IV, paragraph 63, the Director-General shall transmit any such results
promptly to the inspected State Party for comments and thereafter to the
Executive Council and to all other States Parties and shall include detailed
information concerning the equipment and methodology employed by the designated
laboratories.
Conduct of Inspections in Areas beyond the
Jurisdiction
or Control of any State
105. In case of an on-site inspection in an area beyond the jurisdiction or
control of any State, the Director-General shall consult with the appropriate
States Parties and agree on any transit or basing points to facilitate a speedy
arrival of the inspection team in the inspection area.
106. The States Parties on whose territory transit or basing points are
located shall, as far as possible, assist in facilitating the inspection,
including transporting the inspection team, its baggage and equipment to the
inspection area, as well as providing the relevant amenities specified in
paragraph 11. The Organization shall reimburse assisting States Parties for all
costs incurred.
107. Subject to the approval of the Executive Council, the Director-General
may negotiate standing arrangements with States Parties to facilitate assistance
in the event of an on-site inspection in an area beyond the jurisdiction or
control of any State.
108. In cases where one or more States Parties have conducted an
investigation of an ambiguous event in an area beyond the jurisdiction or
control of any State before a request is made for an on-site inspection in that
area, any results of such investigation may be taken into account by the
Executive Council in its deliberations pursuant to Article IV.
Post-Inspection Procedures
109. Upon conclusion of the inspection, the inspection team shall meet with
the representative of the inspected State Party to review the preliminary
findings of the inspection team and to clarify any ambiguities. The inspection
team shall provide the representative of the inspected State Party with its
preliminary findings in written form according to a standardized format,
together with a list of any samples and other material taken from the inspection
area pursuant to paragraph 98. The document shall be signed by the head of the
inspection team. In order to indicate that he or she has taken notice of the
contents of the document, the representative of the inspected State Party shall
countersign the document. The meeting shall be completed no later than 24 hours
after the conclusion of the inspection.
Departure
110. Upon completion of the post-inspection procedures, the inspection team
and the observer shall leave, as soon as possible, the territory of the
inspected State Party. The inspected State Party shall do everything in its
power to provide assistance and to ensure the safe conduct of the inspection
team, equipment and baggage to the point of exit. Unless agreed otherwise by
the inspected State Party and the inspection team, the point of exit used shall
be the same as the point of entry.
PART III
CONFIDENCE-BUILDING MEASURES
1. Pursuant to Article IV, paragraph 68, each State Party shall, on a
voluntary basis, provide the Technical Secretariat with notification of any
chemical explosion using 300 tonnes or greater of TNT-equivalent blasting
material detonated as a single explosion anywhere on its territory, or at any
place under its jurisdiction or control. If possible, such notification shall
be provided in advance. Such notification shall include details on location,
time, quantity and type of explosive used, as well as on the configuration and
intended purpose of the blast.
2. Each State Party shall, on a voluntary basis, as soon as possible after
the entry into force of this Treaty provide to the Technical Secretariat, and at
annual intervals thereafter update, information related to its national use of
all other chemical explosions greater than 300 tonnes TNT-equivalent. In
particular, the State Party shall seek to advise:
(a) The geographic locations of sites where the explosions
originate;
(b) The nature of activities producing them and the general profile and
frequency of such explosions;
(c) Any other relevant detail, if available; and
to assist the Technical Secretariat in clarifying the origins of any such
event detected by the International Monitoring System.
3. A State Party may, on a voluntary and mutually-acceptable basis, invite
representatives of the Technical Secretariat or of other States Parties to visit
sites within its territory referred to in paragraphs 1 and 2.
4. For the purpose of calibrating the International Monitoring System,
States Parties may liaise with the Technical Secretariat to carry out chemical
calibration explosions or to provide relevant information on chemical explosions
planned for other purposes.
ANNEX 1 TO THE PROTOCOL
Table 1-A List of Seismological Stations Comprising the Primary
Network
|
|
State Responsible for Station |
Location |
Latitude |
Longitude |
Type |
|---|---|---|---|---|---|
|
1 |
Argentina |
PLCA Paso Flores |
40.7 S |
70.6 W |
3-C |
|
2 |
Australia |
WRA Warramunga, NT |
19.9 S |
134.3 E |
array |
|
3 |
Australia |
ASAR Alice Springs, NT |
23.7 S |
133.9 E |
array |
|
4 |
Australia |
STKA Stephens Creek SA |
31.9 S |
141.6 E |
3-C |
|
5 |
Australia |
MAW Mawson, Antarctica |
67.6 S |
62.9 E |
3-C |
|
6 |
Bolivia |
LPAZ La Paz |
16.3 S |
68.1 W |
3-C |
|
7 |
Brazil |
BDFB Brasilia |
15.6. S |
48.0 W |
3-C |
|
8 |
Canada |
ULMC Lac du Bonnet, Man. |
50.2 N |
95.9 W |
3-C |
|
9 |
Canada |
YKAC Yellowknife, NWT |
62.5 N |
114.6 W |
array |
|
10 |
Canada |
SCH Schefferville, Quebec |
54.8 N |
66.8 W |
3-C |
|
11 |
Central African Republic |
BGCA Bangui |
05.2 N |
18.4 E |
3-C |
|
12 |
China |
HAI Hailar |
49.3 N |
119.7 E |
3-C > array |
|
13 |
China |
LZH Lanzhou |
36.1 N |
103.8 E |
3-C > array |
|
14 |
Colombia |
XSA El Rosal |
04.9 N |
74.3 W |
3-C |
|
15 |
Côte d’Ivoire |
DBIC Dimbroko |
06.7 N |
04.9 W |
3-C |
|
16 |
Egypt |
LXEG Luxor |
26.0 N |
33.0 E |
array |
|
17 |
Finland |
FINES Lahti |
61.4 N |
26.1 E |
array |
|
18 |
France |
PPT Tahiti |
17.6 S |
149.6 W |
3-C |
|
19 |
Germany |
GEC2 Freyung |
48.9 N |
13.7 E |
array |
|
20 |
To be determined |
To be determined |
To be determined |
To be determined |
To be determined |
|
21 |
Iran (Islamic Republic of) |
THR Tehran |
35.8 N |
51.4 E |
3-C |
|
22 |
Japan |
MJAR Matsushiro |
36.5 N |
138.2 E |
array |
|
23 |
Kazakstan |
MAK Makanchi |
46.8 N |
82.0 E |
array |
|
24 |
Kenya |
KMBO Kilimambogo |
01.1 S |
37.2 E |
3-C |
|
25 |
Mongolia |
JAVM Javhlant |
48.0 N |
106.8 E |
3-C > array |
|
26 |
Niger |
New site |
To be determined |
To be determined |
3-C > array |
|
27 |
Norway |
NAO Hamar |
60.8 N |
10.8 E |
array |
|
28 |
Norway |
ARAO Karasjok |
69.5 N |
25.5 E |
array |
|
29 |
Pakistan |
PRPK Pari |
33.7 N |
73.3 E |
array |
|
30 |
Paraguay |
CPUP Villa Florida |
26.3 S |
57.3 W |
3-C |
|
31 |
Republic of Korea |
KSRS Wonju |
37.5 N |
127.9 E |
array |
|
32 |
Russian Federation |
KBZ Khabaz |
43.7 N |
42.9 E |
3-C |
|
33 |
Russian Federation |
ZAL Zalesovo |
53.9 N |
84.8 E |
3-C > array |
|
34 |
Russian Federation |
NRI Norilsk |
69.0 N |
88.0 E |
3-C |
|
35 |
Russian Federation |
PDY Peleduy |
59.6 N |
112.6 E |
3-C > array |
|
36 |
Russian Federation |
PET Petropavlovsk-Kamchatskiy |
53.1 N |
157.8 E |
3-C > array |
|
37 |
Russian Federation |
USK Ussuriysk |
44.2 N |
132.0 E |
3-C > array |
|
38 |
Saudi Arabia |
New site |
To be determined |
To be determined |
array |
|
39 |
South Africa |
BOSA Boshof |
28.6 S |
25.6 E |
3-C |
|
40 |
Spain |
ESDC Sonseca |
39.7 N |
04.0 W |
array |
|
41 |
Thailand |
CMTO Chiang Mai |
18.8 N |
99.0 E |
array |
|
42 |
Tunisia |
THA Thala |
35.6 N |
08.7 E |
3-C |
|
43 |
Turkey |
BRTR Belbashi The array is subject to relocation at Keskin |
39.9 N |
32.8 E |
array |
|
44 |
Turkmenistan |
GEYT Alibeck |
37.9 N |
58.1 E |
array |
|
45 |
Ukraine |
AKASG Malin |
50.4 N |
29.1 E |
array |
|
46 |
United States of America |
LJTX Lajitas, TX |
29.3 N |
103.7 W |
array |
|
47 |
United States of America |
MNV Mina, NV |
38.4 N |
118.2 W |
array |
|
48 |
United States of America |
PIWY Pinedale, WY |
42.8 N |
109.6 W |
array |
|
49 |
United States of America |
ELAK Eielson, AK |
64.8 N |
146.9 W |
array |
|
50 |
United States of America |
VNDA Vanda, Antarctica |
77.5 S |
161.9 E |
3-C |
Key: 3-C > array: Indicates that the site could start operations in
the International Monitoring System as a three-component station and be upgraded
to an array at a later time.
Table 1-B List of Seismological Stations comprising the Auxiliary
Network
|
|
State responsible for station |
Location |
Latitude |
Longitude |
Type |
|---|---|---|---|---|---|
|
1 |
Argentina |
CFA Coronel Fontana |
31.6 S |
68.2 W |
3-C |
|
2 |
Argentina |
USHA Ushuaia |
55.0 S |
68.0 W |
3-C |
|
3 |
Armenia |
GNI Garni |
40.1 N |
44.7 E |
3-C |
|
4 |
Australia |
CTA Charters Towers, QLD |
20.1 S |
146.3 E |
3-C |
|
5 |
Australia |
FITZ Fitzroy Crossing, WA |
18.1 S |
125.6 E |
3-C |
|
6 |
Australia |
NWAO Narrogin, WA |
32.9 S |
117.2 E |
3-C |
|
7 |
Bangladesh |
CHT Chittagong |
22.4 N |
91.8 E |
3-C |
|
8 |
Bolivia |
SIV San Ignacio |
16.0 S |
61.1 W |
3-C |
|
9 |
Botswana |
LBTB Lobatse |
25.0 S |
25.6 E |
3-C |
|
10 |
Brazil |
PTGA Pitinga |
0.7 S |
60.0 W |
3-C |
|
11 |
Brazil |
RGNB Rio Grande do Norte |
6.9 S |
37.0 W |
3-C |
|
12 |
Canada |
FRB Iqaluit, NWT |
63.7 N |
68.5 W |
3-C |
|
13 |
Canada |
DLBC Dease Lake, BC |
58.4 N |
130.0 W |
3-C |
|
14 |
Canada |
SADO Sadowa, Ont. |
44.8 N |
79.1 W |
3-C |
|
15 |
Canada |
BBB Bella Bella, BC |
52.2 N |
128.1 W |
3-C |
|
16 |
Canada |
MBC Mould Bay, NWT |
76.2 N |
119.4 W |
3-C |
|
17 |
Canada |
INK Inuvik, NWT |
68.3 N |
133.5 W |
3-C |
|
18 |
Chile |
RPN Easter Island |
27.2 S |
109.4 W |
3-C |
|
19 |
Chile |
LVC Limon Verde |
22.6 S |
68.9 W |
3-C |
|
20 |
China |
BJT Baijiatuan |
40.0 N |
116.2 E |
3-C |
|
21 |
China |
KMI Kunming |
25.2 N |
102.8 E |
3-C |
|
22 |
China |
SSE Sheshan |
31.1 N |
121.2 E |
3-C |
|
23 |
China |
XAN Xi’an |
34.0 N |
108.9 E |
3-C |
|
24 |
Cook Islands |
RAR Rarotonga |
21.2 S |
159.8 W |
3-C |
|
25 |
Costa Rica |
JTS Las Juntas de Abangares |
10.3 N |
85.0 W |
3-C |
|
26 |
Czech Republic |
VRAC Vranov |
49.3 N |
16.6 E |
3-C |
|
27 |
Denmark |
SFJ Søndre Strømfjord, Greenland |
67.0 N |
50.6 W |
3-C |
|
28 |
Djibouti |
ATD Arta Tunnel |
11.5 N |
42.9 E |
3-C |
|
29 |
Egypt |
KEG Kottamya |
29.9 N |
31.8 E |
3-C |
|
30 |
Ethiopia |
FURI Furi |
8.9 N |
38.7 E |
3-C |
|
31 |
Fiji |
MSVF Monasavu, Viti Levu |
17.8 S |
178.1 E |
3-C |
|
32 |
France |
NOUC Port Laguerre, New Caledonia |
22.1 S |
166.3 E |
3-C |
|
33 |
France |
KOG Kourou, French Guiana |
5.2 N |
52.7 W |
3-C |
|
34 |
Gabon |
BAMB Bambay |
1.7 S |
13.6 E |
3-C |
|
35 |
Germany/ South Africa |
--- SANAE Station, Antarctica |
71.7 S |
2.9 W |
3-C |
|
36 |
Greece |
IDI Anogia, Crete |
35.3 N |
24.9 E |
3-C |
|
37 |
Guatemala |
RDG Rabir |
15.0 N |
90.5 W |
3-C |
|
38 |
Iceland |
BORG Borgarnes |
64.8 N |
21.3 W |
3-C |
|
39 |
To be determined |
To be determined |
To be determined |
To be determined |
To be determined |
|
40 |
Indonesia |
PACI Cibinong, Jawa Barat |
6.5 S |
107.0 E |
3-C |
|
41 |
Indonesia |
JAY Jayapura, Irian Jaya |
2.5 S |
140.7 E |
3-C |
|
42 |
Indonesia |
SWI Sorong, Irian Jaya |
0.9 S |
131.3 E |
3-C |
|
43 |
Indonesia |
PSI Parapat, Sumatera |
2.7 N |
98.9 E |
3-C |
|
44 |
Indonesia |
KAPI Kappang, Sulawesi Selatan |
5.0 S |
119.8 E |
3-C |
|
45 |
Indonesia |
KUG Kupang, Nusatenggara Timur |
10.2 S |
123.6 E |
3-C |
|
46 |
Iran (Islamic Republic of) |
KRM Kerman |
30.3 N |
57.1 E |
3-C |
|
47 |
Iran (Islamic Republic of) |
MSN Masjed-e-Soleyman |
31.9 N |
49.3 E |
3-C |
|
48 |
Israel |
MBH Eilath |
29.8 N |
34.9 E |
3-C |
|
49 |
Israel |
PARD Parod |
32.6 N |
35.3 E |
array |
|
50 |
Italy |
ENAS Enna, Sicily |
37.5 N |
14.3 E |
3-C |
|
51 |
Japan |
JNU Ohita, Kyushu |
33.1 N |
130.9 E |
3-C |
|
52 |
Japan |
JOW Kunigami, Okinawa |
26.8 N |
128.3 E |
3-C |
|
53 |
Japan |
JHJ Hachijojima, Izu Islands |
33.1 N |
139.8 E |
3-C |
|
54 |
Japan |
JKA Kamikawa-asahi, Hokkaido |
44.1 N |
142.6 E |
3-C |
|
55 |
Japan |
JCJ Chichijima, Ogasawara |
27.1 N |
142.2 E |
3-C |
|
56 |
Jordan |
- - - Ashqof |
32.5 N |
37.6 E |
3-C |
|
57 |
Kazakstan |
BRVK Borovoye |
53.1 N |
70.3 E |
array |
|
58 |
Kazakstan |
KURK Kurchatov |
50.7 N |
78.6 E |
array |
|
59 |
Kazakstan |
AKTO Aktyubinsk |
50.4 N |
58.0 E |
3-C |
|
60 |
Kyrgyzstan |
AAK Ala-Archa |
42.6 N |
74.5 E |
3-C |
|
61 |
Madagascar |
TAN Antananarivo |
18.9 S |
47.6 E |
3-C |
|
62 |
Mali |
KOWA Kowa |
14.5 N |
4.0 W |
3-C |
|
63 |
Mexico |
TEYM Tepich, Yucatan |
20.2 N |
88.3 W |
3-C |
|
64 |
Mexico |
TUVM Tuzandepeti, Veracruz |
18.0 N |
94.4 W |
3-C |
|
65 |
Mexico |
LPBM La Paz, Baja California Sur |
24.2 N |
110.2 W |
3-C |
|
66 |
Morocco |
MDT Midelt |
32.8 N |
4.6 W |
3-C |
|
67 |
Namibia |
TSUM Tsumeb |
19.1 S |
17.4 E |
3-C |
|
68 |
Nepal |
EVN Everest |
28.0 N |
86.8 E |
3-C |
|
69 |
New Zealand |
EWZ Erewhon, South Island |
43.5 S |
170.9 E |
3-C |
|
70 |
New Zealand |
RAO Raoul Island |
29.2 S |
177.9 W |
3-C |
|
71 |
New Zealand |
URZ Urewera, North Island |
38.3 S |
177.1 E |
3-C |
|
72 |
Norway |
SPITS Spitsbergen |
78.2 N |
16.4 E |
array |
|
73 |
Norway |
JMI Jan Mayen |
70.9 N |
8.7 W |
3-C |
|
74 |
Oman |
WSAR Wadi Sarin |
23.0 N |
58.0 E |
3-C |
|
75 |
Papua New Guinea |
PMG Port Moresby |
9.4 S |
147.2 E |
3-C |
|
76 |
Papua New Guinea |
BIAL Bialla |
5.3 S |
151.1 E |
3-C |
|
77 |
Peru |
CAJP Cajamarca |
7.0 S |
78.0 W |
3-C |
|
78 |
Peru |
NNA Nana |
12.0 S |
76.8 W |
3-C |
|
79 |
Philippines |
DAV Davao, Mindanao |
7.1 N |
125.6 E |
3-C |
|
80 |
Philippines |
TGY Tagaytay, Luzon |
14.1 N |
120.9 E |
3-C |
|
81 |
Romania |
MLR Muntele Rosu |
45.5 N |
25.9 E |
3-C |
|
82 |
Russian Federation |
KIRV Kirov |
58.6 N |
49.4 E |
3-C |
|
83 |
Russian Federation |
KIVO Kislovodsk |
44.0 N |
42.7 E |
array |
|
84 |
Russian Federation |
OBN Obninsk |
55.1 N |
36.6 E |
3-C |
|
85 |
Russian Federation |
ARU Arti |
56.4 N |
58.6 E |
3-C |
|
86 |
Russian Federation |
SEY Seymchan |
62.9 N |
152.4 E |
3-C |
|
87 |
Russian Federation |
TLY Talaya |
51.7 N |
103.6 E |
3-C |
|
88 |
Russian Federation |
YAK Yakutsk |
62.0N |
129.7 E |
3-C |
|
89 |
Russian Federation |
URG Urgal |
51.1 N |
132.3 E |
3-C |
|
90 |
Russian Federation |
BIL Bilibino |
68.0 N |
166.4 E |
3-C |
|
91 |
Russian Federation |
TIXI Tiksi |
71.6 N |
128.9 E |
3-C |
|
92 |
Russian Federation |
YSS Yuzhno-Sakhalinsk |
47.0 N |
142.8 E |
3-C |
|
93 |
Russian Federation |
MA2 Magadan |
59.6 N |
150.8 E |
3-C |
|
94 |
Russian Federation |
ZIL Zilim |
53.9 N |
57.0 E |
3-C |
|
95 |
Samoa |
AfI Afiamalu |
13.9 S |
171.8 W |
3-C |
|
96 |
Saudi Arabia |
RAYN Ar Rayn |
23.6 N |
45.6 E |
3-C |
|
97 |
Senegal |
MBO Mbour |
14.4 N |
17.0 W |
3-C |
|
98 |
Solomon Islands |
HNR Honiara, Guadalcanal |
9.4 S |
160.0 E |
3-C |
|
99 |
South Africa |
SUR Sutherland |
32.4 S |
20.8 E |
3-C |
|
100 |
Sri Lanka |
COC Colombo |
6.9 N |
79.9 E |
3-C |
|
101 |
Sweden |
HFS Hagfors |
60.1 N |
13.7 E |
array |
|
102 |
Switzerland |
DAVOS Davos |
46.8 N |
9.8 E |
3-C |
|
103 |
Uganda |
MBRU Mbarara |
0.4 S |
30.4 E |
3-C |
|
104 |
United Kingdom |
EKA Eskdalemuir |
55.3 N |
3.2 W |
array |
|
105 |
United States of America |
GUMO Guam, Marianas Islands |
13.6 N |
144.9 E |
3-C |
|
106 |
United States of America |
PMSA Palmer Station, Antarctica |
64.8 S |
64.1 W |
3-C |
|
107 |
United States of America |
TKL Tuckaleechee Caverns, TN |
35.7 N |
83.8 W |
3-C |
|
108 |
United States of America |
PFCA Piñon Flat, CA |
33.6 N |
116.5 W |
3-C |
|
109 |
United States of America |
YBH Yreka, CA |
41.7 N |
122.7 W |
3-C |
|
110 |
United States of America |
KDC Kodiak Island, AK |
57.8 N |
152.5 W |
3-C |
|
111 |
United States of America |
ALQ Albuquerque, NM |
35.0 N |
106.5 W |
3-C |
|
112 |
United States of America |
ATTU Attu Island, AK |
52.8 N |
172.7 E |
3-C |
|
113 |
United States of America |
ELK Elko, NV |
40.7 N |
115.2 W |
3-C |
|
114 |
United States of America |
SPA South Pole, Antarctica |
90.0 S |
- |
3-C |
|
115 |
United States of America |
NEW Newport, WA |
48.3 N |
117.1 W |
3-C |
|
116 |
United States of America |
SJG San Juan, PR |
18.1 N |
66.2 W |
3-C |
|
117 |
Venezuela |
SDV Santo Domingo |
8.9 N |
70.6 W |
3-C |
|
118 |
Venezuela |
PCRV Puerto la Cruz |
10.2 N |
64.6 W |
3-C |
|
119 |
Zambia |
LSZ Lusaka |
15.3 S |
28.2 E |
3-C |
|
120 |
Zimbabwe |
BUL Bulawayo |
to be advised |
to be advised |
3-C |
Table 2-A List of Radionuclide Stations
|
|
State responsible for station |
Location |
Latitude |
Longitude |
|---|---|---|---|---|
|
1 |
Argentina |
Buenos Aires |
34.0 S |
58.0 W |
|
2 |
Argentina |
Salta |
24.0 S |
65.0 W |
|
3 |
Argentina |
Bariloche |
41.1 S |
71.3 W |
|
4 |
Australia |
Melbourne, VIC |
37.5 S |
144.6 E |
|
5 |
Australia |
Mawson, Antarctica |
67.6 S |
62.5 E |
|
6 |
Australia |
Townsville, QLD |
19.2 S |
146.8 E |
|
7 |
Australia |
Macquarie Island |
54.0 S |
159.0 E |
|
8 |
Australia |
Cocos Islands |
12.0 S |
97.0 E |
|
9 |
Australia |
Darwin, NT |
12.4 S |
130.7 E |
|
10 |
Australia |
Perth, WA |
31.9 S |
116.0 E |
|
11 |
Brazil |
Rio de Janeiro |
22.5 S |
43.1 W |
|
12 |
Brazil |
Recife |
8.0 S |
35.0 W |
|
13 |
Cameroon |
Douala |
4.2 N |
9.9 E |
|
14 |
Canada |
Vancouver, BC |
49.3 N |
123.2 W |
|
15 |
Canada |
Resolute, NWT |
74.7 N |
94.9 W |
|
16 |
Canada |
Yellowknife, NWT |
62.5 N |
114.5 W |
|
17 |
Canada |
St. John’s, NL |
47.0 N |
53.0 W |
|
18 |
Chile |
Punta Arenas |
53.1 S |
70.6 W |
|
19 |
Chile |
Hanga Roa, Easter Island |
27.1 S |
108.4 W |
|
20 |
China |
Beijing |
39.8 N |
116.2 E |
|
21 |
China |
Lanzhou |
35.8 N |
103.3 E |
|
22 |
China |
Guangzhou |
23.0 N |
113.3 E |
|
23 |
Cook Islands |
Rarotonga |
21.2 S |
159.8 W |
|
24 |
Ecuador |
Isla San Cristóbal, Galápagos
Islands |
1.0 S |
89.2 W |
|
25 |
Ethiopia |
Filtu |
5.5 N |
42.7 E |
|
26 |
Fiji |
Nadi |
18.0 S |
177.5 E |
|
27 |
France |
Papeete, Tahiti |
17.0 S |
150.0 W |
|
28 |
France |
Pointe-à-Pitre, Guadeloupe |
17.0 N |
62.0 W |
|
29 |
France |
Réunion |
21.1 S |
55.6 E |
|
30 |
France |
Port-aux-Français, Kerguelen |
49.0 S |
70.0 E |
|
31 |
France |
Cayenne, French Guiana |
5.0 N |
52.0 W |
|
32 |
France |
Dumont d’Urville, Antarctica |
66.0 S |
140.0 E |
|
33 |
Germany |
Schauinsland/Freiburg |
47.9 N |
7.9 E |
|
34 |
Iceland |
Reykjavik |
64.4 N |
21.9 W |
|
35 |
To be determined |
To be determined |
To be determined |
To be determined |
|
36 |
Iran (Islamic Republic of) |
Tehran |
35.0 N |
52.0 E |
|
37 |
Japan |
Okinawa |
26.5 N |
127.9 E |
|
38 |
Japan |
Takasaki, Gunma |
36.3 N |
139.0 E |
|
39 |
Kiribati |
Kiritimati |
2.0 N |
157.0 W |
|
40 |
Kuwait |
Kuwait City |
29.0 N |
48.0 E |
|
41 |
Libya |
Misratah |
32.5 N |
15.0 E |
|
42 |
Malaysia |
Kuala Lumpur |
2.6 N |
101.5 E |
|
43 |
Mauritania |
Nouakchott |
18.0 N |
17.0 W |
|
44 |
Mexico |
Baja California |
28.0 N |
113.0 W |
|
45 |
Mongolia |
Ulaanbaatar |
47.5 N |
107.0 E |
|
46 |
New Zealand |
Chatham Island |
44.0 S |
176.5 W |
|
47 |
New Zealand |
Kaitaia |
35.1 S |
173.3 E |
|
48 |
Niger |
Bilma |
18.0 N |
13.0 E |
|
49 |
Norway |
Spitsbergen |
78.2 N |
16.4 E |
|
50 |
Panama |
Panama City |
8.9 N |
79.6 W |
|
51 |
Papua New Guinea |
New Hanover |
3.0 S |
150.0 E |
|
52 |
Philippines |
Quezon City |
14.5 N |
121.0 E |
|
53 |
Portugal |
Ponta Delgada, São Miguel, Azores |
37.4 N |
25.4 W |
|
54 |
Russian Federation |
Kirov |
58.6 N |
49.4 E |
|
55 |
Russian Federation |
Norilsk |
69.0 N |
88.0 E |
|
56 |
Russian Federation |
Peleduy |
59.6 N |
112.6 E |
|
57 |
Russian Federation |
Bilibino |
68.0 N |
166.4 E |
|
58 |
Russian Federation |
Ussuriysk |
43.7 N |
131.9 E |
|
59 |
Russian Federation |
Zalesovo |
53.9 N |
84.8 E |
|
60 |
Russian Federation |
Petropavlovsk-Kamchatskiy |
53.1 N |
158.8 E |
|
61 |
Russian Federation |
Dubna |
56.7 N |
37.3 E |
|
62 |
South Africa |
Marion Island |
46.5 S |
37.0 E |
|
63 |
Sweden |
Stockholm |
59.4 N |
18.0 E |
|
64 |
Tanzania |
Dar es Salaam |
6.0 S |
39.0 E |
|
65 |
Thailand |
Bangkok |
13.8 N |
100.5 E |
|
66 |
United Kingdom |
BIOT/Chagos Archipelago |
7.0 S |
72.0 E |
|
67 |
United Kingdom |
St. Helena |
16.0 S |
6.0 W |
|
68 |
United Kingdom |
Tristan da Cunha |
37.0 S |
12.3 W |
|
69 |
United Kingdom |
Halley, Antarctica |
76.0 S |
28.0 W |
|
70 |
United States of America |
Sacramento, CA |
38.7 N |
121.4 W |
|
71 |
United States of America |
Sand Point, AK |
55.0 N |
160.0 W |
|
72 |
United States of America |
Melbourne, FL |
28.3 N |
80.6 W |
|
73 |
United States of America |
Palmer Station, Antarctica |
64.5 S |
64.0 W |
|
74 |
United States of America |
Ashland, KS |
37.2 N |
99.8 W |
|
75 |
United States of America |
Charlottesville, VA |
38.0 N |
78.0 W |
|
76 |
United States of America |
Salchaket, AK |
64.4 N |
147.1 W |
|
77 |
United States of America |
Wake Island |
19.3 N |
166.6 E |
|
78 |
United States of America |
Midway Islands |
28.0 N |
177.0 W |
|
79 |
United States of America |
Oahu, HI |
21.5 N |
158.0 W |
|
80 |
United States of America |
Upi, Guam |
13.7 N |
144.9 E |
Table 2-B List of Radionuclide Laboratories
|
|
State responsible for Laboratory |
Name and place of laboratory |
|---|---|---|
|
1 |
Argentina |
National Board of Nuclear Regulation Buenos Aires |
|
2 |
Australia |
Australian Radiation Laboratory Melbourne, VIC |
|
3 |
Austria |
Austrian Research Center Seibersdorf |
|
4 |
Brazil |
Institute of Radiation Protection and Dosimetry Rio de Janeiro |
|
5 |
Canada |
Health Canada Ottawa, Ont. |
|
6 |
China |
Beijing |
|
7 |
Finland |
Centre for Radiation and Nuclear Safety Helsinki |
|
8 |
France |
Atomic Energy Commission Montlhéry |
|
9 |
Israel |
Soreq Nuclear Research Centre Yavne |
|
10 |
Italy |
Laboratory of the National Agency for the Protection of
the Environment Rome |
|
11 |
Japan |
Japan Atomic Energy Rersearch Institute Tokai, Ibaraki |
|
12 |
New Zealand |
National Radiation Laboratory Christchurch |
|
13 |
Russian Federation |
Central Radiation Control Laboratory, Ministry of
Defence Special Verification Service Moscow |
|
14 |
South Africa |
Atomic energy Corporation Pelindaba |
|
15 |
United Kingdom |
AWE Blacknest Chilton |
|
16 |
United States of America |
McClellan Central Laboratories Sacramento, CA |
Table 3 List of Hydroacoustic Stations
|
|
State responsible for station |
Location |
Latitude |
Longitude |
Type |
|---|---|---|---|---|---|
|
1 |
Australia |
Cape Leeuwin, WA |
34.4 S |
115.1 E |
Hydrophone |
|
2 |
Canada |
Queen Charlotte Islands, BC |
53.3 N |
132.5 W |
T-phase |
|
3 |
Chile |
Juan Fernández Island |
33.7 S |
78.8 W |
Hydrophone |
|
4 |
France |
Crozet Islands |
46.5 S |
52.2 E |
Hydrophone |
|
5 |
France |
Guadeloupe |
16.3 N |
61.1 W |
T-phase |
|
6 |
Mexico |
Clarión Island |
18.2 N |
114.6 W |
T-phase |
|
7 |
Portugal |
Flores |
39.3 N |
31.3 W |
T-phase |
|
8 |
United Kingdom |
BIOT/Chagos Archipelago |
7.3 S |
72.4 E |
Hydrophone |
|
9 |
United Kingdom |
Tristan da Cunha |
37.2 S |
12.5 W |
T-phase |
|
10 |
United States of America |
Ascension |
8.0 S |
14.4 W |
Hydrophone |
|
11 |
United States of America |
Wake Island |
19.3 N |
166.6 E |
Hydrophone |
Table 4 List of Infrasound Stations
|
|
State responsible for station |
Location |
Latitude |
Longitude |
|---|---|---|---|---|
|
1 |
Argentina |
Paso Flores |
40.7 S |
70.6 W |
|
2 |
Argentina |
Ushuaia |
55.0 S |
68.0 W |
|
3 |
Australia |
Davis Base, Antarctica |
68.4 S |
77.6 E |
|
4 |
Australia |
Narrogin, WA |
32.9 S |
117.2 E |
|
5 |
Australia |
Hobart, TAS |
42.1 S |
147.2 E |
|
6 |
Australia |
Cocos Islands |
12.3 S |
97.0 E |
|
7 |
Australia |
Warramunga, NT |
19.9 S |
134.3 E |
|
8 |
Bolivia |
La Paz |
16.3 S |
68.1 W |
|
9 |
Brazil |
Brasilia |
15.6 S |
48.0 W |
|
10 |
Canada |
Lac du Bonnet, Man. |
50.2 N |
95.9 W |
|
11 |
Cape Verde |
Cape Verde Islands |
16.0 N |
24.0 W |
|
12 |
Central African Republic |
Bangui |
5.2 N |
18.4 E |
|
13 |
Chile |
Easter Island |
27.0 S |
109.2 W |
|
14 |
Chile |
Juan Fernádez Island |
33.8 S |
80.7 W |
|
15 |
China |
Beijing |
40.0 N |
116.0 E |
|
16 |
China |
Kunming |
25.0 N |
102.8 E |
|
17 |
Côte d’Ivoire |
Dimbokro |
6.7 N |
4.9 W |
|
18 |
Denmark |
Dundas, Greenland |
76.5 N |
68.7 W |
|
19 |
Djibouti |
Djibouti |
11.3 N |
43.5 E |
|
20 |
Ecuador |
Galápagos Islands |
0.0 N |
91.7 W |
|
21 |
France |
Marquesas Islands |
10.0 S |
140.0 W |
|
22 |
France |
Port LaGuerre, New Caledonia |
22.1 S |
166.3 E |
|
23 |
France |
Kerguelen |
49.2 S |
69.1 E |
|
24 |
France |
Tahiti |
17.6 S |
149.6 W |
|
25 |
France |
Kourou, French Guiana |
5.2 N |
52.7 W |
|
26 |
Germany |
Freyung |
48.9 N |
13.7 E |
|
27 |
Germany |
Georg von Neumayer, Antarctica |
70.6 S |
8.4 W |
|
28 |
To be determined |
To be determined |
To be determined |
To be determined |
|
29 |
Iran (Islamic Republic of) |
Tehran |
35.7 N |
51.4 E |
|
30 |
Japan |
Tsukuba |
36.0 N |
140.1 E |
|
31 |
Kazakstan |
Aktyubinsk |
50.4 N |
58.0 E |
|
32 |
Kenya |
Kilimanbogo |
1.3 S |
36.8 E |
|
33 |
Madagascar |
Antananarivo |
18.8 S |
47.5 E |
|
34 |
Mongolia |
Javhlant |
48.0 N |
106.8 E |
|
35 |
Namibia |
Tsumeb |
19.1 S |
17.4 E |
|
36 |
New Zealand |
Chatham Island |
44.0 S |
176.5 W |
|
37 |
Norway |
Karasjok |
69.5 N |
25.5 E |
|
38 |
Pakistan |
Rahimyar Khan |
28.2 N |
70.3 E |
|
39 |
Palau |
Palau |
7.5 N |
134.5 E |
|
40 |
Papua New Guinea |
Rabaul |
4.1 S |
152.1 E |
|
41 |
Paraguay |
Villa Florida |
26.3 S |
57.3 W |
|
42 |
Portugal |
Azores |
37.8 N |
25.5 W |
|
43 |
Russian Federation |
Dubna |
56.7 N |
37.3 E |
|
44 |
Russian Federation |
Petropavlovsk- Kamchatskiy |
53.1 N |
158.8 E |
|
45 |
Russian Federation |
Ussuriysk |
43.7 N |
131.9 E |
|
46 |
Russian Federation |
Zalesovo |
53.9 N |
84.8 E |
|
47 |
South Africa |
Boshof |
28.6 S |
25.4 E |
|
48 |
Tunisia |
Thala |
35.6 N |
8.7 E |
|
49 |
United Kingdom |
Tristan da Cunha |
37.0 S |
12.3 W |
|
50 |
United Kingdom |
Ascension |
8.0 S |
14.3 W |
|
51 |
United Kingdom |
Bermuda |
32.0 N |
64.5 W |
|
52 |
United Kingdom |
BIOT/Chagos Archipelago |
5.0 S |
72.0 E |
|
53 |
United States of America |
Eielson, AK |
64.8 N |
146.9 W |
|
54 |
United States of America |
Siple Station, Antarctica |
75.5 S |
83.6 W |
|
55 |
United States of America |
Windless Bight, Antarctica |
77.5 S |
161.8 E |
|
56 |
United States of America |
Newport, WA |
48.3 N |
117.1 W |
|
57 |
United States of America |
Piñon Flat, CA |
33.6 N |
116.5 W |
|
58 |
United States of America |
Midway Islands |
28.1 N |
177.2 W |
|
59 |
United States of America |
Hawaii, HI |
19.6 N |
155.3 W |
|
60 |
United States of America |
Wake Island |
19.3 N |
166.6 E |
List of Characterisation Parameters for International
Data Centre Standard Event Screening
1. The International Data Centre standard event screening criteria shall be
based on the standard event characterisation parameters determined during the
combined processing of data from all the monitoring technologies in the
International Monitoring System. Standard event screening shall make use of
both global and supplementary screening criteria to take account of regional
variations where applicable.
2. For events detected by the International Monitoring System seismic
component, the following parameters, inter alia, may be used:
- location of the event;
- depth of the event;
- ratio of the
magnitude of surface waves to body waves;
- signal frequency
content;
- spectral ratios of phases;
- spectral scalloping;
- first
motion of the P-wave;
- focal mechanism;
- relative excitation of seismic
phases;
- comparative measures to other events and groups of events;
and
- regional discriminants where applicable.
3. For events detected by the International Monitoring System hydroacoustic
component, the following parameters, inter alia, may be used:
- signal frequency content including corner frequency, wide-band energy,
and mean centre frequency and bandwidth;
- frequency-dependent duration of
signals;
- spectral ratio; and
- indications of bubble-pulse signals and
bubble-pulse delay.
4. For events detected by the International Monitoring System infrasound
component, the following parameters, inter alia, may be used:
- signal frequency content and dispersion;
- signal duration;
and
- peak amplitude.
5. For events detected by the International Monitoring System radionuclide
component, the following parameters, inter alia, may be used:
- concentration of background natural and man-made
radionuclides;
- concentration of specific fission and activation products
outside normal observations; and
- ratios of one specific fission and
activation product to another.
————