PART II
ON-SITE INSPECTIONS
A. GENERAL PROVISIONS
1. The procedures in this Part shall be implemented pursuant to the provisions for on-site inspections
set out in Article IV.
2. The on-site inspection shall be carried out in the area where the event that triggered the on-site
inspection request occurred.
3. The area of an on-site inspection shall be continuous and its size shall not exceed 1000 square
kilometres. There shall be no linear distance greater than 50 kilometres in any direction.
4. The duration of an on-site inspection shall not exceed 60 days from the date of the approval of the
on-site inspection request in accordance with Article IV, paragraph 46, but may be extended by a
maximum of 70 days in accordance with Article IV, paragraph 49.
5. If the inspection area specified in the inspection mandate extends to the territory or other place
under the jurisdiction or control of more than one State Party, the provisions on on-site
inspections shall, as appropriate, apply to each of the States Parties to which the inspection area
extends.
6. In cases where the inspection area is under the jurisdiction or control of the inspected State Party
but is located on the territory of another State Party or where the access from the point of entry
to the inspection area requires transit through the territory of a State Party other than the
inspected State Party, the inspected State Party shall exercise the rights and fulfil the obligations
concerning such inspections in accordance with this Protocol. In such a case, the State Party on
whose territory the inspection area is located shall facilitate the inspection and shall provide for
the necessary support to enable the inspection team to carry out its tasks in a timely and effective
manner. States Parties through whose territory transit is required to reach the inspection area
shall facilitate such transit.
7. In cases where the inspection area is under the jurisdiction or control of the inspected State Party
but is located on the territory of a State not Party to this Treaty, the inspected State Party shall
take all necessary measures to ensure that the inspection can be carried out in accordance with
this Protocol. A State Party that has under its jurisdiction or control one or more areas on the
territory of a State not Party to this Treaty shall take all necessary measures to ensure acceptance
by the State on whose territory the inspection area is located of inspectors and inspection
assistants designated to that State Party. If an inspected State Party is unable to ensure access, it
shall demonstrate that it took all necessary measures to ensure access.
8. In cases where the inspection area is located on the territory of a State Party but is under the
jurisdiction or control of a State not Party to this Treaty, the State Party shall take all necessary
measures required of an inspected State Party and a State Party on whose territory the inspection
area is located, without prejudice to the rules and practices of international law, to ensure that the
on-site inspection can be carried out in accordance with this Protocol. If the State Party is unable
to ensure access to the inspection area, it shall demonstrate that it took all necessary measures to
ensure access, without prejudice to the rules and practices of international law.
9. The size of the inspection team shall be kept to the minimum necessary for the proper fulfilment
of the inspection mandate. The total number of members of the inspection team present on the
territory of the inspected State Party at any given time, except during the conduct of drilling, shall
not exceed 40 persons. No national of the requesting State Party or the inspected State Party
shall be a member of the inspection team.
10. The Director-General shall determine the size of the inspection team and select its members
from the list of inspectors and inspection assistants, taking into account the circumstances of a
particular request.
11. The inspected State Party shall provide for or arrange the amenities necessary for the
inspection team, such as communication means, interpretation services, transportation, working
space, lodging, meals, and medical care.
12. The inspected State Party shall be reimbursed by the Organization, in a reasonably short period of
time after conclusion of the inspection, for all expenses, including those mentioned in paragraphs
11 and 49, related to the stay and functional activities of the inspection team on the territory of
the inspected State Party.
13. Procedures for the implementation of on-site inspections shall be detailed in the Operational
Manual for On-Site Inspections.
B. STANDING ARRANGEMENTS
Designation of Inspectors and Inspection Assistants
14. An inspection team may consist of inspectors and inspection assistants. An on-site inspection
shall only be carried out by qualified inspectors specially designated for this function. They may be
assisted by specially designated inspection assistants, such as technical and administrative
personnel, aircrew and interpreters.
15. Inspectors and inspection assistants shall be nominated for designation by the States Parties or, in
the case of staff of the Technical Secretariat, by the Director-General, on the basis of their
expertise and experience relevant to the purpose and functions of on-site inspections. The
nominees shall be approved in advance by the States Parties in accordance with paragraph 18.
16. Each State Party, no later than 30 days after the entry into force of this Treaty for it, shall notify
the Director-General of the names, dates of birth, sex, ranks, qualifications and professional
experience of the persons proposed by the State Party for designation as inspectors and inspection
assistants.
17. No later than 60 days after the entry into force of this Treaty, the Technical Secretariat shall
communicate in writing to all States Parties an initial list of the names, nationalities, dates of birth,
sex and ranks of the inspectors and inspection assistants proposed for designation by the
Director-General and the States Parties, as well as a description of their qualifications and
professional experience.
18. Each State Party shall immediately acknowledge receipt of the initial list of inspectors and
inspection assistants proposed for designation. Any inspector or inspection assistant included in
this list shall be regarded as accepted unless a State Party, no later than 30 days after
acknowledgment of receipt of the list, declares its non-acceptance in writing. The State Party
may include the reason for the objection. In the case of non-acceptance, the proposed inspector
or inspection assistant shall not undertake or participate in on-site inspection activities on the
territory or in any other place under the jurisdiction or control of the State Party that has declared
its non-acceptance. The Technical Secretariat shall immediately confirm receipt of the notification
of objection.
19. Whenever additions or changes to the list of inspectors and inspection assistants are
proposed by the Director-General or a State Party, replacement inspectors and inspection
assistants shall be designated in the same manner as set forth with respect to the initial list. Each
State Party shall promptly notify the Technical Secretariat if an inspector or inspection assistant
nominated by it can no longer fulfil the duties of an inspector or inspection assistant.
20. The Technical Secretariat shall keep the list of inspectors and inspection assistants up to
date and notify all States Parties of additions or changes to the list.
21. A State Party requesting an on-site inspection may propose that an inspector from the list
of inspectors and inspection assistants serve as its observer in accordance with Article IV,
paragraph 61.
22. Subject to paragraph 23, a State Party shall have the right at any time to object to an
inspector or inspection assistant who has already been accepted. It shall notify the Technical
Secretariat of its objection in writing and may include the reason for the objection. Such
objection shall come into effect 30 days after receipt of the notification by the Technical
Secretariat. The Technical Secretariat shall immediately confirm receipt of the notification of the
objection and inform the objecting and nominating States Parties of the date on which the
inspector or inspection assistant shall cease to be designated for that State Party.
23. A State Party that has been notified of an inspection shall not seek the removal from the
inspection team of any of the inspectors or inspection assistants named in the inspection mandate.
24. The number of inspectors and inspection assistants accepted by a State Party must be
sufficient to allow for availability of appropriate numbers of inspectors and inspection assistants.
If, in the opinion of the Director-General, the non-acceptance by a State Party of proposed
inspectors or inspection assistants impedes the designation of a sufficient number of inspectors
and inspection assistants or otherwise hampers the effective fulfilment of the purposes of an
on-site inspection, the Director-General shall refer the issue to the Executive Council.
25. Each inspector included in the list of inspectors and inspection assistants shall receive
relevant training. Such training shall be provided by the Technical Secretariat pursuant to the
procedures specified in the Operational Manual for On-Site Inspections. The Technical
Secretariat shall co-ordinate, in agreement with the States Parties, a schedule of training for the
inspectors.
Privileges and Immunities
26. Following acceptance of the initial list of inspectors and inspection assistants as provided for in
paragraph 18 or as subsequently altered in accordance with paragraph 19, each State Party shall
be obliged to issue, in accordance with its national procedures and upon application by an
inspector or inspection assistant, multiple entry/exit and/or transit visas and other relevant
documents to enable each inspector and inspection assistant to enter and to remain on the territory
of that State Party for the sole purpose of carrying out inspection activities. Each State Party
shall issue the necessary visa or travel documents for this purpose no later than 48 hours after
receipt of the application or immediately upon arrival of the inspection team at the point of entry
on the territory of the State Party. Such documents shall be valid for as long as is necessary to
enable the inspector or inspection assistant to remain on the territory of the inspected State Party
for the sole purpose of carrying out the inspection activities.
27. To exercise their functions effectively, members of the inspection team shall be accorded
privileges and immunities as set forth in sub-paragraphs (a) to (i). Privileges and immunities shall
be granted to members of the inspection team for the sake of this Treaty and not for the personal
benefit of the individuals themselves. Such privileges and immunities shall be accorded to them
for the entire period between arrival on and departure from the territory of the inspected State
Party, and thereafter with respect to acts previously performed in the exercise of their official
functions.
(a) The members of the inspection team shall be accorded the inviolability enjoyed by diplomatic
agents pursuant to Article 29 of the Vienna Convention on Diplomatic Relations of 18 April
1961;
(b) The living quarters and office premises occupied by the inspection team carrying out inspection
activities pursuant to this Treaty shall be accorded the inviolability and protection accorded to the
premises of diplomatic agents pursuant to Article 30, paragraph 1, of the Vienna Convention on
Diplomatic Relations;
(c) The papers and correspondence, including records, of the inspection team shall enjoy the
inviolability accorded to all papers and correspondence of diplomatic agents pursuant to Article
30, paragraph 2, of the Vienna Convention on Diplomatic Relations. The inspection team shall
have the right to use codes for their communications with the Technical Secretariat;
(d) Samples and approved equipment carried by members of the inspection team shall be inviolable
subject to provisions contained in this Treaty and exempt from all customs duties. Hazardous
samples shall be transported in accordance with relevant regulations;
(e) The members of the inspection team shall be accorded the immunities accorded to diplomatic
agents pursuant to Article 31, paragraphs 1, 2 and 3, of the Vienna Convention on Diplomatic
Relations;
(f) The members of the inspection team carrying out prescribed activities pursuant to this Treaty shall
be accorded the exemption from dues and taxes accorded to diplomatic agents pursuant to Article
34 of the Vienna Convention on Diplomatic Relations;
(g) The members of the inspection team shall be permitted to bring into the territory of the inspected
State Party, without payment of any customs duties or related charges, articles for personal use,
with the exception of articles the import or export of which is prohibited by law or controlled by
quarantine regulations;
(h) The members of the inspection team shall be accorded the same currency and exchange facilities
as are accorded to representatives of foreign Governments on temporary official missions; and
(i) The members of the inspection team shall not engage in any professional or commercial activity
for personal profit on the territory of the inspected State Party.
28. When transiting the territory of States Parties other than the inspected State Party, the members
of the inspection team shall be accorded the privileges and immunities enjoyed by diplomatic
agents pursuant to Article 40, paragraph 1, of the Vienna Convention on Diplomatic Relations.
Papers and correspondence, including records, and samples and approved equipment carried by
them, shall be accorded the privileges and immunities set forth in paragraph 27 (c) and (d).
29. Without prejudice to their privileges and immunities the members of the inspection team
shall be obliged to respect the laws and regulations of the inspected State Party and, to the extent
that is consistent with the inspection mandate, shall be obliged not to interfere in the internal
affairs of that State. If the inspected State Party considers that there has been an abuse of
privileges and immunities specified in this Protocol, consultations shall be held between the State
Party and the Director-General to determine whether such an abuse has occurred and, if so
determined, to prevent a repetition of such an abuse.
30. The immunity from jurisdiction of members of the inspection team may be waived by the
Director-General in those cases when the Director-General is of the opinion that immunity would
impede the course of justice and that it can be waived without prejudice to the implementation of
the provisions of this Treaty. Waiver must always be express.
31. Observers shall be accorded the same privileges and immunities accorded to members of
the inspection team pursuant to this section, except for those accorded pursuant to paragraph 27
(d).
Points of Entry
32. Each State Party shall designate its points of entry and shall supply the required information
to the Technical Secretariat no later than 30 days after this Treaty enters into force for it. These
points of entry shall be such that the inspection team can reach any inspection area from at least
one point of entry within 24 hours. Locations of points of entry shall be provided to all States
Parties by the Technical Secretariat. Points of entry may also serve as points of exit.
33. Each State Party may change its points of entry by giving notice of such change to the
Technical Secretariat. Changes shall become effective 30 days after the Technical Secretariat
receives such notification, to allow appropriate notification to all States Parties.
34. If the Technical Secretariat considers that there are insufficient points of entry for the
timely conduct of inspections or that changes to the points of entry proposed by a State Party
would hamper such timely conduct of inspections, it shall enter into consultations with the State
Party concerned to resolve the problem.
Arrangements for Use of Non-Scheduled Aircraft
35. Where timely travel to the point of entry is not feasible using scheduled commercial flights,
an inspection team may utilize non-scheduled aircraft. No later than 30 days after this Treaty
enters into force for it, each State Party shall inform the Technical Secretariat of the standing
diplomatic clearance number for non-scheduled aircraft transporting an inspection team and
equipment necessary for inspection. Aircraft routings shall be along established international
airways that are agreed upon between the State Party and the Technical Secretariat as the basis
for such diplomatic clearance.
Approved Inspection Equipment
36. The Conference, at its initial session, shall consider and approve a list of equipment for use
during on-site inspections. Each State Party may submit proposals for the inclusion of equipment
in the list. Specifications for the use of the equipment, as detailed in the Operational Manual for
On-Site Inspections, shall take account of safety and confidentiality considerations where such
equipment is likely to be used.
37. The equipment for use during on-site inspections shall consist of core equipment for the
inspection activities and techniques specified in paragraph 69 and auxiliary equipment necessary
for the effective and timely conduct of on-site inspections.
38. The Technical Secretariat shall ensure that all types of approved equipment are available for
on-site inspections when required. When required for an on-site inspection, the Technical
Secretariat shall duly certify that the equipment has been calibrated, maintained and protected. To
facilitate the checking of the equipment at the point of entry by the inspected State Party, the
Technical Secretariat shall provide documentation and attach seals to authenticate the
certification.
39. Any permanently held equipment shall be in the custody of the Technical Secretariat. The
Technical Secretariat shall be responsible for the maintenance and calibration of such equipment.
40. As appropriate, the Technical Secretariat shall make arrangements with States Parties to
provide equipment mentioned in the list. Such States Parties shall be responsible for the
maintenance and calibration of such equipment.
C. ON-SITE INSPECTION REQUEST, INSPECTION MANDATE AND
NOTIFICATION OF INSPECTION
On-Site Inspection Request
41. Pursuant to Article IV, paragraph 37, the on-site inspection request shall contain at least the
following information:
(a) The estimated geographical and vertical coordinates of the location of the event that triggered the
request with an indication of the possible margin of error;
(b) The proposed boundaries of the area to be inspected, specified on a map and in accordance with
paragraphs 2 and 3;
(c) The State Party or States Parties to be inspected or an indication that the area to be inspected or
part thereof is beyond the jurisdiction or control of any State;
(d) The probable environment of the event that triggered the request;
(e) The estimated time of the event that triggered the request, with an indication of the possible
margin of error;
(f) All data upon which the request is based;
(g) The personal details of the proposed observer, if any; and
(h) The results of a consultation and clarification process in accordance with Article V, or an
explanation, if relevant, of the reasons why such a consultation and clarification process has not
been carried out.
Inspection Mandate
42. The mandate for an on-site inspection shall contain:
(a) The decision of the Executive Council on the on-site inspection request;
(b) The name of the State Party or States Parties to be inspected or an indication that the inspection
area or part thereof is beyond the jurisdiction or control of any State;
(c) The location and boundaries of the inspection area specified on a map, taking into account all
information on which the request was based and all other available technical information, in
consultation with the requesting State Party;
(d) The planned types of activity of the inspection team in the inspection area;
(e) The point of entry to be used by the inspection team;
(f) Any transit or basing points, as appropriate;
(g) The name of the head of the inspection team;
(h) The names of members of the inspection team;
(i) The name of the proposed observer, if any; and
(j) The list of equipment to be used in the inspection area.
If a decision by the Executive Council pursuant to Article IV, paragraphs 46 to 49, necessitates a
modification of the inspection mandate, the Director-General may update the mandate with
respect to sub-paragraphs (d), (h) and (j), as appropriate. The Director-General shall immediately
notify the inspected State Party of any such modification.
Notification of Inspection
43. The notification made by the Director-General pursuant to Article IV, paragraph 55 shall
include the following information:
(a) The inspection mandate;
(b) The date and estimated time of arrival of the inspection team at the point of entry;
(c) The means of arrival at the point of entry;
(d) If appropriate, the standing diplomatic clearance number for non-scheduled aircraft; and
(e) A list of any equipment which the Director-General requests the inspected State Party to mak