prop · GL03174 · 1998-01-01 00:00:00 — If the recommends, pursuant to Article VII, paragraph 8 (d), that such changes be adopted, it shall as a rule also recommend pursuant to Article VII, paragraph 8 (g), that such changes enter into force upon notification by the Director-General of their approval. The Director-General, in submitting to the Parties information and evaluation in accordance with Article VII, paragraph 8 (b), shall include in the case of any proposal made pursuant to paragraph 24: (a) A technical evaluation of the proposal; (b) A statement on the administrative and financial impact of the proposal; and (c) A report on consultations with States directly affected by the proposal, including indication of their agreement. In cases of significant or irretrievable breakdown of a monitoring facility specified in the Tables of 1 to the Protocol, or in order to cover other temporary reductions of monitoring coverage, the Director- General shall, in consultation and agreement with those States directly affected, and with the approval of the , initiate temporary arrangements of no more than one year''''s duration, renewable if necessary by agreement of the and of the States directly affected for another year. Such arrangements shall not cause the number of operational facilities of the to exceed the number specified for the relevant network; shall meet as far as possible the technical and operational requirements specified in the operational manual for the relevant network; and shall be conducted within the budget of the Organization. The Director-General shall furthermore take steps to rectify the situation and make proposals for its permanent resolution. The Director-General shall notify all States Parties of any decision taken pursuant to this paragraph. States Parties may also separately establish cooperative arrangements with the Organization, in order to make available to the supplementary data from national monitoring stations that are not formally part of the . Such cooperative arrangements may be established as follows: (a) Upon request by a State Party, and at the expense of that State, the Technical Secretariat shall take the steps required to certify that a given monitoring facility meets the technical and operational requirements specified in the relevant operational manuals for an facility, and make arrangements for the authentication of its data. Subject to the agreement of the , the Technical Secretariat shall then formally designate such a facility as a cooperating national facility. The Technical Secretariat shall take the steps required to revalidate its certification as appropriate; (b) The Technical Secretariat shall maintain a current list of cooperating national facilities and shall distribute it to all States Parties; and (c) shall call upon data from cooperating national facilities, if so requested by a State Party, for the purposes of facilitating consultation and clarification and the consideration of on-site inspection requests, data transmission costs being borne by that State Party. The conditions under which supplementary data from such facilities are made available, and under which the may request further or expedited reporting, or clarifications, shall be elaborated in the operational manual for the respective monitoring network. C. CONSULTATION AND CLARIFICATION Without prejudice to the right of any State Party to request an on-site inspection, States Parties should, whenever possible, first make every effort to clarify and resolve, among themselves or with or through the Organization, any matter which may cause concern about possible non- compliance with the basic obligations of this Treaty. A State Party that receives a request pursuant to paragraph 29 directly from another State Party shall provide the clarification to the requesting State Party as soon as possible, but in any case no later than 48 hours after the request. The requesting and requested States Parties may keep the and the Director-General informed of the request and the response. A State Party shall have the right to request the Director-General to assist in clarifying any matter which may cause concern about possible non-compliance with the basic obligations of this Treaty. The Director- General shall provide appropriate information in the possession of the Technical Secretariat relevant to such a concern. The Director-General shall inform and of the information provided in response, if so requested by the requesting State Party. A State Party shall have the right to request the to obtain clarification from another State Party on any matter which may cause concern about possible non-compliance with the basic obligations of this Treaty. In such a case, the following shall apply: (a) shall forward the request for clarification to the requested State Party through the Director-General no later than 24 hours after its receipt; (b) The requested State Party shall provide the clarification to the as soon as possible, but in any case no later than 48 hours after receipt of the request; (c) shall take note of the clarification and forward it to the requesting State Party no later than 24 hours after its receipt; (d) If the requesting State Party deems the clarification to be inadequate, it shall have the right to request the to obtain further clarification from the requested State Party. shall inform without delay all other States Parties about any request for clarification pursuant to this paragraph as well as any response provided by the requested State Party. If the requesting State Party considers the clarification obtained under paragraph 32 (d) to be unsatisfactory, it shall have the right to request a meeting of the in which States Parties involved that are not members of the shall be entitled to take part. At such a meeting, the shall consider the matter and may recommend any measure in accordance with Article V. Request for an On-Site Inspection Each State Party has the right to request an on-site inspection in accordance with the provisions of this Article and Part II of the Protocol in the territory or in any other place under the jurisdiction or control of any State Party, or in any area beyond the jurisdiction or control of any State. The sole purpose of an on-site inspection shall be to clarify whether a nuclear weapon test explosion or any other nuclear explosion has been carried out in violation of Article I and, to the extent possible, to any facts which might assist in identifying any possible violator. The requesting State Party shall be under the obligation to keep the on-site inspection request within the scope of this Treaty and to provide in the request information in accordance with paragraph 37. The requesting State Party shall refrain from unfounded or abusive inspection requests. The on-site inspection request shall be based on information collected by the , on any relevant technical information obtained by national technical means of verification in a consistent with generally recognized principles of international law, or on a combination thereof. The request shall contain information pursuant to Part II, paragraph 41 of the Protocol. The requesting State Party shall present the on-site inspection request to the and at the same time to the Director-General for the latter to begin immediate processing. Follow-up After Submission of an On-Site Inspection Request shall begin its consideration immediately upon receipt of the on-site inspection request. The Director-General, after receiving the on-site inspection request, shall acknowledge receipt of the request to the requesting State Party within two hours and communicate the request to the State Party sought to be inspected within six hours. The Director-General shall ascertain that the request meets the requirements specified in Part II, paragraph 41 of the Protocol, and, if necessary, shall assist the requesting State Party in filing the request accordingly, and shall communicate the request to the and to all other States Parties within 24 hours. When the on-site inspection request fulfils the requirements, the Technical Secretariat shall begin preparations for the on-site inspection without delay. The Director-General, upon receipt of an on-site inspection request referring to an inspection area under the jurisdiction or control of a State Party, shall immediately seek clarification from the State Party sought to be inspected in order to clarify and resolve the concern raised in the request. A State Party that receives a request for clarification pursuant to paragraph 42 shall provide the Director-General with explanations and with other relevant information available as soon as possible, but no later than 72 hours after receipt of the request for clarification. The Director-General, before the takes a decision on the on-site inspection request, shall transmit immediately to the any additional information available from the or provided by any State Party on the event specified in the request, including any clarification provided pursuant to paragraphs 42 and 43, as well as any other information from within the Technical Secretariat that the Director-General deems relevant or that is requested by the . Unless the requesting State Party considers the concern raised in the on-site inspection request to be resolved and withdraws the request, the shall take a decision on the request in accordance with paragraph 46. shall take a decision on the on-site inspection request no later than 96 hours after receipt of the request from the requesting State Party. The decision to approve the on-site inspection shall be made by at least 30 affirmative votes of members of the If the does not approve the inspection, preparations shall be stopped and no further action on the request shall be taken. No later than 25 days after the approval of the on-site inspection in accordance with paragraph 46, the inspection team shall transmit to the , through the Director-General, a progress inspection report. The continuation of the inspection shall be considered approved unless the , no later than 72 hours after receipt of the progress inspection report, decides by a majority of all its members not to continue the inspection. If the decides not to continue the inspection, the inspection shall be terminated, and the inspection team shall leave the inspection area and the territory of the inspected State Party as soon as possible in accordance with Part II, paragraphs 109 and 110 of the Protocol. In the course of the on-site inspection, the inspection team may submit to the , through the Director-General, a proposal to conduct drilling. shall take a decision on such a proposal no later than 72 hours after receipt of the proposal. The decision to approve drilling shall be made by a majority of all members of the . The inspection team may request the , through the Director-General, to extend the inspection duration by a maximum of 70 days beyond the 60-day time-frame specified in Part II, paragraph 4 of the Protocol, if the inspection team considers such an extension essential to enable it to fulfil its mandate. The inspection team shall indicate in its request which of the activities and techniques listed in Part II, paragraph 69 of the Protocol it intends to carry out during the extension period. shall take a decision on the extension request no later than 72 hours after receipt of the request. The decision to approve an extension of the inspection duration shall be made by a majority of all members of the . time following the approval of the continuation of the on-site inspection in accordance with paragraph 47, the inspection team may submit to the , through the Director-General, a recommendation to terminate the inspection. Such a recommendation shall be considered approved unless the , no later than 72 hours after receipt of the recommendation, decides by a two-thirds majority of all its members not to approve the termination of the inspection. In case of termination of the inspection, the inspection team shall leave the inspection area and the territory of the inspected State Party as soon as possible in accordance with Part II, paragraphs 109 and 110 of the Protocol. The requesting State Party and the State Party sought to be inspected may participate in the deliberations of on site inspection request without voting. The requesting State Party and the inspected State Party may also participate without voting in any subsequent deliberations of the related to the inspection. The Director-General shall notify all States Parties within 24 hours about any decision by and reports, proposals, requests and recommendations to the pursuant to paragraphs 46 to 50. Approval of an On-Site Inspection An on-site inspection approved by the shall be conducted without delay by an inspection team designated by the Director-General and in accordance with the provisions of this Treaty and the Protocol. The inspection team shall arrive at the point of entry no later than six days following the receipt by inspection request from the requesting State Party. The Director-General shall issue an inspection mandate for the conduct of the on-site inspection. The inspection mandate shall contain the information specified in Part II, paragraph 42 of the Protocol. The Director-General shall notify the inspected State Party of the inspection no less than 24 hours before the planned arrival of the inspection team at the point of entry, in accordance with Part II, paragraph 43 of the Protocol. The Conduct of an On-Site Inspection Each State Party shall permit the Organization to conduct an on-site inspection on its territory or at places under its jurisdiction or control in accordance with the provisions of this Treaty and the Protocol. However, no State Party shall have to accept simultaneous on-site inspections on its territory or at places under its jurisdiction or control. In accordance with the provisions of this Treaty and the Protocol, the inspected State Party shall have: (a) The right and the obligation to make every reasonable effort to demonstrate its compliance with this Treaty and, to this end, to enable the inspection team to fulfil its mandate; (b) The right to take measures it deems necessary to protect national security interests and to prevent disclosure of confidential information not related to the purpose of the inspection; (c) The obligation to provide access within the inspection area for the sole purpose of determining facts relevant to the purpose of the inspection, taking into account sub-paragraph (b) and any constitutional obligations it may have with regard to proprietary rights or searches and seizures; (d) The obligation not to invoke this paragraph or Part II, paragraph 88 of the Protocol to conceal any violation of its obligations under Article I; and (e) The obligation not to impede the ability of the inspection team to move within the inspection area and to carry out inspection activities in accordance with this Treaty and the Protocol. Access, in the context of an on-site inspection, means both the physical access of the inspection team and the inspection equipment to, and the conduct of inspection activities within, the inspection area. The on-site inspection shall be conducted in the least intrusive possible, consistent with the efficient and timely accomplishment of the inspection mandate, and in accordance with the procedures set forth in the Protocol. Wherever possible, the inspection team shall begin with the least intrusive procedures and then proceed to more intrusive procedures only as it deems necessary to collect sufficient information to clarify the concern about possible non-compliance with this Treaty. The inspectors shall seek only the information and data necessary for the purpose of the inspection and shall seek to minimize interference with normal operations of the inspected State Party. The inspected State Party shall assist the inspection team throughout the on-site inspection and facilitate its task. If the inspected State Party, acting in accordance with Part II, paragraphs 86 to 96 of the Protocol, restricts access within the inspection area, it shall make every reasonable effort in consultations with the inspection team to demonstrate through alternative means its compliance with this Treaty. With regard to an , the following shall apply: (a) The requesting State Party, subject to the agreement of the inspected State Party, may send a representative, who shall be a national either of the requesting State Party or of a third State Party, to observe the conduct of the on-site inspection; (b) The inspected State Party shall notify its acceptance or non- acceptance of the proposed to the Director-General within 12 hours after approval of the on-site inspection by the ; (c) In case of acceptance, the inspected State Party shall grant access to the in accordance with the Protocol; (d) The inspected State Party shall, as a rule, accept the proposed , but if the inspected State Party exercises a refusal, that fact shall be recorded in the inspection report. There shall be no more than three from an aggregate of requesting States Parties. Reports of an On Site Inspection Inspection reports shall contain: (a) A description of the activities conducted by the inspection team; (b) The factual findings of the inspection team relevant to the purpose of the inspection; (c) An account of the cooperation granted during the on-site inspection; (d) A factual description of the extent of the access granted, including the alternative means provided to the team, during the on-site inspection; and (e) other details relevant to the purpose of the inspection. Differing observations made by inspectors may be attached to the report. The Director-General shall make draft inspection reports available to the inspected State Party. The inspected State Party shall have the right to provide the Director-General within 48 hours with its comments and explanations, and to identify any information and data which, in its view, are not related to the purpose of the inspection and should not be circulated outside the Technical Secretariat. The Director-General shall consider the proposals for changes to the draft inspection report made by the inspected State Party and shall wherever possible incorporate them. The Director-General shall also annex the comments and explanations provided by the inspected State Party to the inspection report. The Director-General shall promptly transmit the inspection report to the requesting State Party, the inspected State Party, the and to all other States Parties. The Director-General shall further transmit promptly to the and to all other States Parties any results of sample analysis in designated laboratories in accordance with Part II, paragraph 104 of the Protocol, relevant data from the , the assessments of the requesting and inspected States Parties, as well as any other information that the Director-General deems relevant. In the case of the progress inspection report referred to in paragraph 47, the Director-General shall transmit the report to the within the time-frame specified in that paragraph. , in accordance with its powers and functions, shall review the inspection report and any material provided pursuant to paragraph 64, and shall address any concerns as to: (a) Whether any non-compliance with this Treaty has occurred; and (b) Whether the right to request an on-site inspection has been abused. If the reaches the conclusion, in with its powers and functions, that further action may be necessary with regard to paragraph 65, it shall take the appropriate measures in accordance with Article V. Frivolous or Abusive On-Site Inspection Requests If the does not approve the on-site inspection on the basis that the on-site inspection request is frivolous or abusive, or if the inspection is terminated for the same reasons, the shall consider and decide on whether to implement appropriate measures to redress the situation, including the following: (a) Requiring the requesting State Party to pay for the cost of any preparations made by the Technical Secretariat; (b) Suspending the right of the requesting State Party to request an on-site inspection for a period of time, as determined by the ; and (c) Suspending the right of the requesting State Party to serve on period of time. In order to: (a) Contribute to the timely resolution of any compliance concerns arising from possible misinterpretation of verification data relating to chemical explosions; and (b) Assist in the calibration of the stations that are part of the component networks of the , each State Party undertakes to cooperate with the Organization and with other States Parties in implementing relevant measures as set out in Part III of the Protocol. MEASURES TO REDRESS A SITUATION AND TO ENSURE COMPLIANCE, INCLUDING SANCTIONS The Conference, taking into account, inter alia, the recommendations of the , shall take the necessary measures, as set forth in paragraphs 2 and 3, to ensure compliance with this Treaty and to redress and remedy any situation which contravenes the provisions of this Treaty. In cases where a State Party has been requested by the Conference or the to redress a situation raising problems with regard to its compliance and fails to fulfil the request within the specified time, the Conference may, inter alia, decide to restrict or suspend the State Party from the exercise of its rights and privileges under this Treaty until the Conference decides otherwise. In cases where damage to the object and purpose of this Treaty may result from non-compliance with the basic obligations of this Treaty, the Conference may recommend to States Parties collective measures which are in conformity with international law. The Conference, or alternatively, if the case is urgent, the , may bring the issue, including relevant information and conclusions, to the attention of the United Nations. Disputes that may arise concerning the application or the interpretation of this Treaty shall be settled in accordance with the relevant provisions of this Treaty and in conformity with the provisions of the Charter of the United Nations. When a dispute arises between two or more States Parties, or between one or more States Parties and the Organization, relating to the application or interpretation of this Treaty, the parties concerned shall consult together with a view to the expeditious settlement of the dispute by negotiation or by other peaceful means of the parties'''' choice, including recourse to appropriate organs of this Treaty and, by mutual consent, referral to the International Court of in conformity with the Statute of the Court. The parties involved shall keep the informed of actions being taken. may contribute to the settlement of a dispute that may arise concerning the application or interpretation of this Treaty by whatever means it deems appropriate, including offering its good offices, calling upon the States Parties to a dispute to seek a settlement through a process of their own choice, bringing the matter to the attention of the Conference and recommending a time-limit for any agreed procedure. The Conference shall consider questions related to disputes raised by States Parties or brought to its attention by the . The Conference shall, as it finds necessary, establish or entrust organs with tasks related to the settlement of these disputes in conformity with Article II, paragraph 26 (j). The Conference and the are separately empowered, subject to authorization from the General of the United Nations, to request the International Court of to give an advisory opinion on any legal question arising within the scope of the activities of the Organization. An agreement between the Organization and the United Nations shall be concluded for this purpose in accordance with Article II, paragraph 38 (h).