§8123 Consents, Warrants, and Complementary Access

Summary

For complementary access under the Additional Protocol, U.S. officials must ask the owner, operator, occupant, or person in charge for permission before entering a location. The owner or person in charge can refuse for any reason or no reason. If they refuse, the government can go to a federal judge and ask for an administrative search warrant. The judge will hear the request without the other side present unless the United States asks for a different process. If notice of two hours or less is required under Article 4b.(ii) of the Additional Protocol, the government may enter without a warrant or consent, as long as the Fourth Amendment allows it. When a warrant is needed, the government must give the judge all relevant information about why the site was picked. A judge must promptly issue a warrant if a written, sworn statement from the government says the Additional Protocol is in force; the site is covered; the purpose and scope follow Articles 4 and 6; what items and areas will be searched or seized; when access will start, how long it will last, and what times of day it will occur; and that the site was chosen either because of probable cause of incorrect reporting or under a reasonable, neutral administrative plan. The warrant must repeat those points and name the IAEA representatives and the U.S. representatives who must show credentials under section 8122(c).