§6724 Procedures for Inspections

Summary

Inspections of plants, sites, or other facilities under the Convention must follow specific rules. The United States must give a written notice to the owner and to the operator, occupant, or agent in charge before an inspection. For routine inspections, that notice must go out within six hours after the U.S. gets the inspection request, or as soon as possible after that. For challenge inspections, the U.S. can give notice at any appropriate time and must include the reasons the requesting country gave. Each inspection needs its own notice, but one notice covers all entries made during that inspection period. The inspection team leader and U.S. officials or contractors (for U.S. government sites) must show ID before the visit. Inspections must start and finish promptly and be done at reasonable times and in a reasonable way. Inspections may look at anything on the premises related to compliance, like records, processes, structures, and vehicles, except they normally must not look into financial, most sales/marketing, pricing, personnel, research, patent, environmental/health compliance data, or data about people and vehicles entering or leaving the facility unless the Convention requires it. The U.S. Director can require samples to be given to the inspection team, and the site can choose who collects them. No sample taken in the United States may be sent to a lab outside the United States. Inspectors must follow the site’s safety and controlled-environment rules, and U.S. representatives present must help the site staff deal with the inspection team.