§8123 Consents, warrants, and complementary access

Summary

The U.S. government must try to get the owner’s, operator’s, occupant’s, or agent’s permission before entering a place for “complementary access” under the Additional Protocol. Any of those people can refuse for any reason. If they refuse, the government can ask a U.S. federal judge for an administrative search warrant. Those warrant proceedings are done ex parte (without the other side) unless the government asks otherwise. One exception: when Article 4b.(ii) of the Additional Protocol requires notice of two hours or less, the government may enter without a warrant or consent if doing so follows the Fourth Amendment. A judge must quickly grant an administrative search warrant if the government’s sworn statement shows certain facts. The statement must say the Additional Protocol is in force, that the site can be accessed under the Protocol, that the access follows Article 4, and that the scope is limited as in Article 6. It must list the items, documents, and areas to be searched, say when access will start and how long and what times of day, and explain why the site was chosen—either because of probable cause tied to specific evidence or under a neutral administrative plan. The warrant must repeat these points and name the IAEA and U.S. representatives who will show credentials.