Title 22Foreign Relations and IntercourseRelease 119-73

§8122 Procedures for complementary access

Title 22 › Chapter CHAPTER 88— - NUCLEAR NON-PROLIFERATION TREATY—UNITED STATES ADDITIONAL PROTOCOL IMPLEMENTATION › Subchapter SUBCHAPTER II— - COMPLEMENTARY ACCESS › § 8122

Last updated Apr 6, 2026|Official source

Summary

When the IAEA asks to do complementary access at a U.S. site, the U.S. government must give a written notice to the owner, operator, occupant, or agent in charge before the visit. The notice must be sent as soon as possible after the U.S. is told the IAEA wants access and can be posted at the site if it cannot be handed over. Each visit needs its own notice. The notice must say why the visit is needed, why that place was picked, what the inspectors will do, when the visit will start and how long it should last, and the names and titles of the inspectors. Before entering, the IAEA team and U.S. representatives must show ID. Access can cover the activities allowed under Article 6 of the Additional Protocol, except where the U.S. limits it or a warrant under section 8123 applies. Inspections must not include certain kinds of business or research information (for example, most financial, sales, pricing, personnel, patent, environmental-compliance, or research data). Everyone must follow the site’s environmental, health, safety, and security rules during the visit.

Full Legal Text

Title 22, §8122

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Each instance of complementary access to a location in the United States under the Additional Protocol shall be conducted in accordance with this subchapter.
(b)(1)Complementary access referred to in subsection (a) may occur only upon the issuance of an actual written notice by the United States Government to the owner, operator, occupant, or agent in charge of the location to be subject to complementary access.
(2)The notice under paragraph (1) shall be submitted to such owner, operator, occupant, or agent as soon as possible after the United States Government has received notification that the IAEA seeks complementary access. Notices may be posted prominently at the location if the United States Government is unable to provide actual written notice to such owner, operator, occupant, or agent.
(3)(A)The notice required by paragraph (1) shall specify—
(i)the purpose for the complementary access;
(ii)the basis for the selection of the facility, site, or other location for the complementary access sought;
(iii)the activities that will be carried out during the complementary access;
(iv)the time and date that the complementary access is expected to begin, and the anticipated period covered by the complementary access; and
(v)the names and titles of the inspectors.
(4)A separate notice shall be provided each time that complementary access is sought by the IAEA.
(c)The complementary access team of the IAEA and representatives or designees of the United States Government shall display appropriate identifying credentials to the owner, operator, occupant, or agent in charge of the location before gaining entry in connection with complementary access.
(d)(1)Except as provided in a warrant issued under section 8123 of this title, and subject to the rights of the United States Government under the Additional Protocol to limit complementary access, complementary access to a location pursuant to this chapter may extend to all activities specifically permitted for such locations under Article 6 of the Additional Protocol.
(2)Unless required by the Additional Protocol, no inspection under this chapter shall extend to—
(A)financial data (other than production data);
(B)sales and marketing data (other than shipment data);
(C)pricing data;
(D)personnel data;
(E)patent data;
(F)data maintained for compliance with environmental or occupational health and safety regulations; or
(G)research data.
(e)In carrying out their activities, members of the IAEA complementary access team and representatives or designees of the United States Government shall observe applicable environmental, health, safety, and security regulations established at the location subject to complementary access, including those for protection of controlled environments within a facility and for personal safety.

Reference

Citations & Metadata

Citation

22 U.S.C. § 8122

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73