prop · GL03174 · 1998-01-01 00:00:00 — When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless otherwise decided by the majority required for decisions on matters of substance. shall be the executive organ of the Organization. It shall be responsible to the Conference. It shall carry out the powers and functions entrusted to it in accordance with this Treaty. In so doing, it shall act in conformity with the recommendations, decisions and guidelines of the Conference and ensure their continuous and proper implementation. (a) Promote effective implementation of, and compliance with, this Treaty; (b) Supervise the activities of the Technical Secretariat; (c) Make recommendations as necessary to the Conference for consideration of further proposals for promoting the object and purpose of this Treaty; (d) Cooperate with the National Authority of each State Party; (e) Consider and submit to the Conference the draft annual programme and budget of the Organization, the draft report of the Organization on the implementation of this Treaty, the report on the performance of its own activities and such other reports as it deems necessary or that the Conference may request; (f) Make arrangements for the sessions of the Conference, including the preparation of the draft agenda; (g) Examine proposals for changes, on matters of an administrative or technical nature, to the Protocol or the Annexes thereto, pursuant to Article VII, and make recommendations to the States Parties regarding their adoption; (h) Conclude, subject to prior approval of the Conference, agreements or arrangements with States Parties, other States and international organizations on behalf of the Organization and supervise their implementation, with the exception of agreements or arrangements referred to in sub-paragraph (i); (i) Approve and supervise the operation of agreements or arrangements relating to the implementation of verification activities with States Parties and other States; and (j) Approve any new operational manuals and any changes to the existing operational manuals that may be proposed by the Technical Secretariat. may request a special session of the Conference. (a) Facilitate cooperation among States Parties, and between States Parties and the Technical Secretariat, relating to the implementation of this Treaty through information exchanges; (b) Facilitate consultation and clarification among States Parties in accordance with Article IV; and (c) Receive, consider and take action on requests for, and reports on, on-site inspections in accordance with Article IV. shall consider any concern raised by a State Party about possible non-compliance with this Treaty and abuse of the rights established by this Treaty. In so doing, the shall consult with the States Parties involved and, as appropriate, request a State Party to take measures to redress the situation within a specified time. To the extent that the Executive Council considers further action to be necessary, it shall take, inter alia, one or more of the following measures: (a) Notify all States Parties of the issue or matter; (b) the issue or matter to the attention of the Conference; (c) Make recommendations to the Conference or take action, as appropriate, regarding measures to redress the situation and to ensure compliance in accordance with Article V. The Technical Secretariat shall assist States Parties in the implementation of this Treaty. The Technical Secretariat shall assist the Conference and the in the performance of their functions. The Technical Secretariat shall carry out the verification and other functions entrusted to it by this Treaty, as well as those functions delegated to it by the Conference or the in accordance with this Treaty. The Technical Secretariat shall include, as an integral part, the . The functions of the Technical Secretariat with regard to verification of compliance with this Treaty shall, in accordance with Article IV and the Protocol, include inter alia: (a) Being responsible for supervising and coordinating the operation of the ; (b) Operating the ; (c) Routinely receiving, processing, analysing and reporting on data; (d) Providing technical assistance in, and support for, the installation and operation of monitoring stations; (e) Assisting the in facilitating consultation and clarification among States Parties; (f) Receiving requests for on-site inspections and processing them, facilitating Executive Council consideration of such requests, carrying out the preparations for, and providing technical support during, the conduct of on-site inspections, and reporting to the ; (g) Negotiating agreements or arrangements with States Parties, other States and international organizations and concluding, subject to prior approval by the , any such agreements or arrangements relating to verification activities with States Parties or other States; and (h) Assisting the States Parties through their on other issues of verification under this Treaty. The Technical Secretariat shall develop and maintain, subject to approval by the , operational manuals to guide the operation of the various components of the verification regime, in accordance with Article IV and the Protocol. These manuals shall not constitute integral parts of this Treaty or the Protocol and may be changed by the Technical Secretariat subject to approval by the . The Technical Secretariat shall promptly inform the States Parties of any changes in the operational manuals. The functions of the Technical Secretariat with respect to administrative matters shall include: (a) Preparing and submitting to the the draft programme and budget of the Organization; (b) Preparing and submitting to the the draft report of the Organization on the implementation of this Treaty and such other reports as the Conference or the may request; (c) Providing administrative and technical support to the Conference, the and other subsidiary organs; (d) Addressing and receiving communications on behalf of the Organization relating to the implementation of this Treaty; and (e) Carrying out the administrative responsibilities related to any agreements between the Organization and other international organizations. All requests and notifications by States Parties to the Organization shall be transmitted through their to the Director- General. Requests and notifications shall be in one of the official languages of this Treaty. In response the Director General shall use the language of the transmitted request or notification. With respect to the responsibilities of the Technical Secretariat for preparing and submitting to the the draft programme and budget of the Organization, the Technical Secretariat shall determine and maintain a clear accounting of all costs for each facility established as part of the . Similar treatment in the draft programme and budget shall be accorded to all other activities of the Organization. The Technical Secretariat shall promptly inform problems that have arisen with regard to the discharge of its functions that have come to its notice in the performance of its activities and that it has been unable to resolve through consultations with the State Party concerned. The Technical Secretariat shall comprise a Director-General, who shall be its head and chief administrative officer, and such scientific, technical and other personnel as may be required. The Director-General shall be appointed by the Conference upon the recommendation of term of four years, renewable for one further term, but not thereafter. The first Director-General shall be appointed by the Conference at its initial session upon the recommendation of the Preparatory Commission. The Director-General shall be responsible to the Conference and of the staff and for the organization and functioning of the Technical Secretariat. The consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of professional expertise, experience, efficiency, competence Only citizens of States Parties shall serve as the Director- General, as inspectors or as members of the professional and clerical staff. regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible. Recruitment shall be guided by the principle that the staff shall be kept to the minimum necessary for the proper discharge of the responsibilities of the Technical Secretariat. The Director-General may, as appropriate, after consultation with the , establish temporary working groups of scientific experts to provide recommendations on specific issues. In the performance of their duties, the Director-General, the inspectors, the inspection assistants and the members of the staff shall not seek or receive instructions from any Government or from any other source external to the Organization. They shall refrain from any action that might reflect adversely on their positions as international officers responsible only to the Organization. The Director-General shall assume responsibility for the activities of an inspection team. Each State Party shall respect the exclusively international character of the responsibilities of the Director-General, the inspectors, the inspection assistants and the members of the staff and shall not seek to influence them in the discharge of their responsibilities. E. PRIVILEGES AND IMMUNITIES shall enjoy on the territory and in any other place under the jurisdiction or control of a State Party such legal capacity and such privileges and immunities as are necessary for the exercise of its functions. Delegates of States Parties, together with their alternates and advisers, representatives of members elected to the , together with their alternates and advisers, the Director-General, the inspectors, the inspection assistants and the members of the staff of the Organization shall enjoy such privileges and immunities as are necessary in the independent exercise of their functions in connection with the Organization. The legal capacity, privileges and immunities referred to in this Article shall be defined in agreements between the Organization and the States Parties as well as in an agreement between the Organization and the State in which the Organization is seated. Such agreements shall be considered and approved in accordance with paragraph 26 (h) and (i). Notwithstanding paragraphs 54 and 55, the privileges and immunities enjoyed by the Director-General, the inspectors, the inspection assistants and the members of the staff of the Technical Secretariat during the conduct of verification activities shall be those set forth in the Protocol. Each State Party shall, in accordance with its constitutional processes, take any necessary measures to implement its obligations under this Treaty. In particular, it shall take any necessary measures: (a) To prohibit natural and legal persons anywhere on its territory or in any other place under its jurisdiction as recognized by international law from undertaking any activity prohibited to a State Party under this Treaty; (b) To prohibit natural and legal persons from undertaking any such activity anywhere under its control; and (c) To prohibit, in conformity with international law, natural persons possessing its nationality from undertaking any such activity anywhere. Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance to facilitate the implementation of the obligations under paragraph 1. Each State Party shall inform the Organization of the measures taken pursuant to this Article. In order to fulfil its obligations under the Treaty, each State Party shall designate or set up a National Authority and shall so inform the Organization upon entry into force of the Treaty for it. Authority shall serve as the national focal point for liaison with the Organization and with other States Parties. In order to verify compliance with this Treaty, a verification regime shall be established consisting of the following elements: (a) ; (b) Consultation and clarification; (c) On-site inspections; and (d) measures. At entry into force of this Treaty, the verification regime shall be capable of meeting the verification requirements of this Treaty. Verification activities shall be based on objective information, shall be limited to the subject matter of this Treaty, and shall be carried out on the basis of full respect for the sovereignty of States Parties and in the least intrusive possible consistent with the effective and timely accomplishment of their objectives. Each State Party shall refrain from any abuse of the right of verification. Each State Party undertakes in accordance with this Treaty to cooperate, through its National Authority established pursuant to Article III, paragraph 4, with the Organization and with other States Parties to facilitate the verification of compliance with this Treaty by, inter alia: (a) Establishing the necessary facilities to participate in these verification measures and establishing the necessary communication; (b) Providing data obtained from national stations that are part of the ; (c) Participating, as appropriate, in a consultation and clarification process; (d) Permitting the conduct of on-site inspections; and (e) Participating, as appropriate, in confidence-building measures. All States Parties, irrespective of their technical and financial capabilities, shall enjoy the equal right of verification and assume the equal obligation to accept verification. For the purposes of this Treaty, no State Party shall be precluded from using information obtained by national technical means of verification in a consistent with generally recognized principles of international law, including that of respect for the sovereignty of States. Without prejudice to the right of States Parties to protect sensitive installations, activities or locations not related to this Treaty, States Parties shall not interfere with elements of the verification regime of this Treaty or with national technical means of verification operating in accordance with paragraph 5. Each State Party shall have the right to take measures to protect sensitive installations and to prevent disclosure of confidential information and data not related to this Treaty. Moreover, all necessary measures shall be taken to protect the confidentiality of any information related to civil and military activities and facilities obtained during verification activities. Subject to paragraph 8, information obtained by the Organization through the verification regime established by this Treaty shall be made available to all States Parties in accordance with the relevant provisions of this Treaty and the Protocol. The provisions of this Treaty shall not be interpreted as restricting the international exchange of data for scientific purposes. Each State Party undertakes to cooperate with the Organization and with other States Parties in the improvement of the verification regime, and in the examination of the verification potential of additional monitoring technologies such as electromagnetic pulse monitoring or satellite monitoring, with a view to developing, when appropriate, specific measures to enhance the efficient and cost-effective verification of this Treaty. Such measures shall, when agreed, be incorporated in existing provisions in this Treaty, the Protocol or as additional sections of the Protocol, in accordance with Article VII, or, if appropriate, be reflected in the operational manuals in accordance with Article II, paragraph 44. The States Parties undertake to promote cooperation among themselves to facilitate and participate in the fullest possible exchange relating to technologies used in the verification of this Treaty in order to enable all States Parties to strengthen their national implementation of verification measures and to benefit from the application of such technologies for peaceful purposes. The provisions of this Treaty shall be implemented in a which avoids hampering the economic and technological development of the States Parties for further development of the application of atomic energy for peaceful purposes. Verification Responsibilities of the Technical Secretariat In discharging its responsibilities in the area of verification specified in this Treaty and the Protocol, in cooperation with the States Parties the Technical Secretariat shall, for the purpose of this Treaty: (a) Make arrangements to receive and distribute data and reporting products relevant to the verification of this Treaty in accordance with its provisions, and to maintain a global communications infrastructure appropriate to this task; (b) Routinely through its , which shall in principle be the focal point within the Technical Secretariat for data storage and data processing: (i) Receive and initiate requests for data from the ; (ii) Receive data, as appropriate, resulting from the process of consultation and clarification, from on-site inspections, and from confidence-building measures; and (iii) Receive other relevant data from States Parties and international organizations in accordance with this Treaty and the Protocol; (c) Supervise, coordinate and ensure the operation of the and its component elements, and of the , in accordance with the relevant operational manuals; (d) Routinely process, analyse and report on data according to agreed procedures so as to permit the effective international verification of this Treaty and to contribute to the early resolution of compliance concerns; (e) Make available all data, both raw and processed, and any reporting products, to all States Parties, each State Party taking responsibility for the use of data in accordance with Article II, paragraph 7, and with paragraphs 8 and 13 of this Article; (f) Provide to all States Parties equal, open, convenient and timely access to all stored data; (g) Store all data, both raw and processed, and reporting products; (h) Coordinate and facilitate requests for additional data from the ; (i) Coordinate requests for additional data from one State Party to another State Party; (j) Provide technical assistance in, and support for, the installation and operation of monitoring facilities and respective communication means, where such assistance and support are required by the State concerned; (k) Make available to any State Party, upon its request, techniques utilized by the Technical Secretariat and its in compiling, storing, processing, analysing and reporting on data from the verification regime; and (l) Monitor, assess and report on the overall performance of the and of the . The agreed procedures to be used by the Technical Secretariat in discharging the verification responsibilities referred to in paragraph 14 and detailed in the Protocol shall be elaborated in the relevant operational manuals. THE INTERNATIONAL MONITORING SYSTEM shall comprise facilities for seismological monitoring, radionuclide monitoring including certified laboratories, hydroacoustic monitoring, infrasound monitoring, and respective means of communication, and shall be supported by . shall be placed under the authority of the Technical Secretariat. All monitoring facilities of the shall be owned and operated by the States hosting or otherwise taking responsibility for them in accordance with the Protocol. Each State Party shall have the right to participate in the international exchange of data and to have access to all data made available to the . Each State Party shall cooperate with the through its National Authority. For facilities incorporated into the and specified in Tables 1-A, 2-A, 3 and 4 of 1 to the Protocol, and for their functioning, to the extent that such facilities are agreed by the relevant State and the Organization to provide data to the in accordance with the technical requirements of the Protocol and relevant operational manuals, the Organization, as specified in agreements or arrangements pursuant to Part I, paragraph 4 of the Protocol, shall meet the costs of: (a) Establishing any new facilities and upgrading existing facilities, unless the State responsible for such facilities meets these costs itself; (b) Operating and maintaining facilities, including facility physical security if appropriate, and application of agreed data authentication procedures; (c) data (raw or processed) to the by the most direct and cost- effective means available, including, if necessary, via appropriate communications nodes, from monitoring stations, laboratories, analytical facilities or from national data centres; or such data (including samples where appropriate) to laboratory and analytical facilities from monitoring stations; and (d) Analysing samples on behalf of the Organization. For auxiliary network seismic stations specified in Table 1-B of 1 to the Protocol the Organization, as specified in agreements or arrangements pursuant to Part I, paragraph 4 of the Protocol, shall meet the costs only of: (a) Transmitting data to the ; (b) Authenticating data from such stations; (c) Upgrading stations to the required technical standard, unless the State responsible for such facilities meets these costs itself; (d) If necessary, establishing new stations for the purposes of this Treaty where no appropriate facilities currently exist, unless the State responsible for such facilities meets these costs itself; and (e) other costs related to the provision of data required by the Organization as specified in the relevant operational manuals. shall also meet the cost of provision to each State Party of its requested selection from the standard range of reporting products and services, as specified in Part I, Section F of the Protocol. The cost of preparation and transmission of any additional data or products shall be met by the requesting State Party. The agreements or, if appropriate, arrangements concluded with States Parties or States hosting or otherwise taking responsibility for facilities of the shall contain provisions for meeting these costs. Such provisions may include modalities whereby a State Party meets any of the costs referred to in paragraphs 19 (a) and 20 (c) and (d) for facilities which it hosts or for which it is responsible, and is compensated by an appropriate reduction in its assessed financial contribution to the Organization. Such a reduction shall not exceed 50 per cent of the annual assessed financial contribution of a State Party, but may be spread over successive years. A State Party may share such a reduction with another State Party by agreement or arrangement between themselves and with the concurrence of the . The agreements or arrangements referred to in this paragraph shall be approved in accordance with Article II, paragraphs 26 (h) and 38 (i). measures referred to in paragraph 11 affecting the by means of addition or deletion of a monitoring technology shall, when agreed, be incorporated into this Treaty and the Protocol pursuant to Article VII, paragraphs 1 to 6. The following changes to the , subject to the agreement of those States directly affected, shall be regarded as matters of an administrative or technical nature pursuant to Article VII, paragraphs 7 and 8: (a) Changes to the number of facilities specified in the Protocol for a given monitoring technology; and (b) Changes to other details for particular facilities as reflected in the Tables of 1 to the Protocol (including, inter alia, State responsible for the facility; location; name of facility; type of facility; and attribution of a facility between the primary and auxiliary seismic networks).