Title 22 — Foreign Relations and IntercourseRelease 119-73not60

§6722 Facility Agreements

Title 22 › Chapter 75— CHEMICAL WEAPONS CONVENTION IMPLEMENTATION › Subchapter II— INSPECTIONS › § 6722

Last updated Apr 5, 2026|Official source

Summary

Inspections by the Technical Secretariat of any plant, plant site, or other location that has a U.S. facility agreement with the Organization must follow that agreement. The agreement cannot stop the owner, operator, occupant, or agent in charge from refusing to allow an inspection. The United States National Authority must make sure facility agreements are in place for sites covered by paragraph 4 of Article VI unless the owner (or person in charge) and the Technical Secretariat agree one is not needed. For sites under paragraph 5 or 6 of Article VI, an agreement must be made if the owner (or person in charge) asks. The owner or person in charge must be told before an agreement is developed and may take part in preparing and, as the Convention allows, observing negotiations. Each agreement must say what areas, equipment, computers, records, data, and samples can be inspected, how inspection notice is given, how long inspections last, and what is not open to inspection.

Full Legal Text

Title 22, §6722

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Inspections by the Technical Secretariat of plants, plant sites, or other facilities or locations for which the United States has a facility agreement with the Organization shall be conducted in accordance with the facility agreement. Any such facility agreement may not in any way limit the right of the owner or operator of the facility to withhold consent to an inspection request.

(b)(1)The United States National Authority shall ensure that facility agreements for plants, plant sites, or other facilities or locations that are subject to inspection pursuant to paragraph 4 of Article VI of the Convention are concluded unless the owner, operator, occupant, or agent in charge of the facility and the Technical Secretariat agree that such an agreement is not necessary.

(2)The United States National Authority shall ensure that facility agreements are concluded for plants, plant sites, or other facilities or locations that are subject to inspection pursuant to paragraph 5 or 6 of Article VI of the Convention if so requested by the owner, operator, occupant, or agent in charge of the facility.

(c)The United States National Authority shall ensure that the owner, operator, occupant, or agent in charge of a facility prior to the development of the agreement relating to that facility is notified and, if the person notified so requests, the person may participate in the preparations for the negotiation of such an agreement. To the maximum extent practicable consistent with the Convention, the owner and the operator, occupant or agent in charge of a facility may observe negotiations of the agreement between the United States and the Organization concerning that facility.

(d)Facility agreements shall—

(1)identify the areas, equipment, computers, records, data, and samples subject to inspection;

(2)describe the procedures for providing notice of an inspection to the owner, occupant, operator, or agent in charge of a facility;

(3)describe the timeframes for inspections; and

(4)detail the areas, equipment, computers, records, data, and samples that are not subject to inspection.

Reference

Citations & Metadata

Citation

22 U.S.C. § 6722

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60