§6724 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Inspections of a plant, plant site, or other facility in the United States under the Convention must follow specific rules. The United States National Authority must give written notice to the owner and the person in charge before an inspection. For routine inspections, that notice must be sent within six hours after the U.S. gets the inspection alert from the Technical Secretariat, or as soon as possible after that. For challenge inspections, notice can be given at a time the U.S. National Authority finds appropriate. If staff cannot hand the notice to the people in charge, they may post it where it is clearly visible. Each inspection gets its own notice (but not a new notice for every re-entry during the inspection). The notice must say the kind of inspection, why the site was chosen, when it will start and how long it will cover, and the inspectors’ names and titles. For challenge inspections, the notice must also include the evidence or reasons the requesting country gave. Before starting, the inspection leader and any accompanying U.S. employees (and any contractor staff at U.S. government sites) must show ID. Inspections must begin and end quickly and be done at reasonable times, within reasonable limits, and in a reasonable way. Except when a warrant or a special facility agreement says otherwise, inspectors may look at anything on the premises that relates to following the Convention, such as records, processes, structures, and vehicles. But, unless the Convention requires it, inspections may not examine certain data like financial, pricing, most sales/marketing (except shipment) data, personnel data, research, patent data, environmental or safety compliance data, or who enters or leaves in personal vehicles. The U.S. Director can require samples to be given to an inspector; the site decides who takes the sample. Samples taken in the U.S. cannot be sent to labs outside the United States. All inspectors must follow the site’s safety rules, and designated U.S. representatives, if present, will help the site interact with the inspection team.

Title 22, §6724

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Each inspection of a plant, plant site, or other facility or location in the United States under the Convention shall be conducted in accordance with this section and section 6725 of this title, except where other procedures are provided in a facility agreement entered into under section 6722 of this title.

(b)(1)An inspection referred to in subsection (a) may be made only upon issuance of an actual written notice by the United States National Authority to the owner and to the operator, occupant, or agent in charge of the premises to be inspected.

(2)The notice for a routine inspection shall be submitted to the owner and to the operator, occupant, or agent in charge within six hours of receiving the notification of the inspection from the Technical Secretariat or as soon as possible thereafter. Notice for a challenge inspection shall be provided at any appropriate time determined by the United States National Authority. Notices may be posted prominently at the plant, plant site, or other facility or location if the United States is unable to provide actual written notice to the owner, operator, or agent in charge of the premises.

(3)(A)The notice under paragraph (1) shall include all appropriate information supplied by the Technical Secretariat to the United States National Authority concerning—

(i)the type of inspection;

(ii)the basis for the selection of the plant, plant site, or other facility or location for the type of inspection sought;

(iii)the time and date that the inspection will begin and the period covered by the inspection; and

(iv)the names and titles of the inspectors.

(B)In the case of a challenge inspection pursuant to Article IX of the Convention, the notice shall also include all appropriate evidence or reasons provided by the requesting state party to the Convention for seeking the inspection.

(4)A separate notice shall be provided for each inspection, except that a notice shall not be required for each entry made during the period covered by the inspection.

(c)The head of the inspection team of the Technical Secretariat and the accompanying employees of the Federal Government (and, in the case of an inspection of a United States Government facility, any accompanying contractor personnel) shall display appropriate identifying credentials to the owner, operator, occupant, or agent in charge of the premises before the inspection is commenced.

(d)Consistent with the provisions of the Convention, each inspection shall be commenced and completed with reasonable promptness and shall be conducted at reasonable times, within reasonable limits, and in a reasonable manner.

(e)(1)Except as provided in a warrant issued under section 6725 of this title or a facility agreement entered into under section 6722 of this title, an inspection conducted under this subchapter may extend to all things within the premises inspected (including records, files, papers, processes, controls, structures and vehicles) related to whether the requirements of the Convention applicable to such premises have been complied with.

(2)Unless required by the Convention, no inspection under this subchapter shall extend to—

(A)financial data;

(B)sales and marketing data (other than shipment data);

(C)pricing data;

(D)personnel data;

(E)research data;

(F)patent data;

(G)data maintained for compliance with environmental or occupational health and safety regulations; or

(H)personnel and vehicles entering and personnel and personal passenger vehicles exiting the facility.

(f)(1)The Director of the United States National Authority is authorized to require the provision of samples to a member of the inspection team of the Technical Secretariat in accordance with the provisions of the Convention. The owner or the operator, occupant or agent in charge of the premises to be inspected shall determine whether the sample shall be taken by representatives of the premises or the inspection team or other individuals present. No sample collected in the United States pursuant to an inspection permitted by this chapter may be transferred for analysis to any laboratory outside the territory of the United States.

(2)In carrying out their activities, members of the inspection team of the Technical Secretariat and representatives of agencies or departments accompanying the inspection team shall observe safety regulations established at the premises to be inspected, including those for protection of controlled environments within a facility and for personal safety.

(g)The appropriate representatives of the United States, as designated, if present, shall assist the owner and the operator, occupant or agent in charge of the premises to be inspected in interacting with the members of the inspection team of the Technical Secretariat.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (f)(1), was in the original “this Act” and was translated as reading “this division”, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of division I to the Code, see

Short Title

note set out under section 6701 of this title and Tables.

Amendments

2001—Subsec. (c). Pub. L. 107–107 substituted “Federal Government (and, in the case of an inspection of a United States Government facility, any accompanying contractor personnel)” for “Federal government”.

§6724 Procedures for Inspections