§8123 Consents, Warrants, and Complementary Access

Summary

The United States must try to get permission from the owner, operator, occupant, or person in charge before entering a place for complementary access under the Additional Protocol. Those people can say no for any reason. If they refuse, the government can ask a U.S. judge for an administrative search warrant. The judge will usually hear the request in private unless the government asks otherwise. If the Protocol calls for very short notice (two hours or less) under Article 4b.(ii), the government may enter without a warrant or permission if that entry follows the Fourth Amendment. When a warrant is needed, the government must give the judge full reasons for picking the place. The judge must quickly issue the warrant if a sworn statement says: the Additional Protocol is in force; the place is covered by the Protocol; the purpose and the access follow Article 4; the access will be limited to what Article 6 allows; what items and areas will be searched or taken; when the visit will start, how long it will last, and the times of day; and whether the place was picked because specific evidence suggests reporting was wrong or because it was chosen under a fair administrative plan. The warrant must repeat these details and name the IAEA team members and the U.S. officials who must show identification.