Document ID: chunk:federal_register_of_legislation:C2024C00434:section:104:p24
Version: federal_register_of_legislation:C2024C00434
Segment Type: section
Provision Reference: s 104 (pt 24/37)
Character Range: 195376–198179

doubt or concern shall provide the requesting State Party as soon as possible, but in any case not later than 10 days after the request, with information sufficient to answer the doubt or concern raised along with an explanation of how the information provided resolves the matter. Nothing in this Convention shall affect the right of any two or more States Parties to arrange by mutual consent for inspections or any other procedures among themselves to clarify and resolve any matter which may cause doubt about compliance or gives rise to a concern about a related matter which may be considered ambiguous. Such arrangements shall not affect the rights and obligations of any State Party under other provisions of this Convention.
Procedure for requesting clarification
3. A State Party shall have the right to request the Executive Council to assist in clarifying any situation which may be considered ambiguous or which gives rise to a concern about the possible non‑compliance of another State Party with this Convention. The Executive Council shall provide appropriate information in its possession relevant to such a concern.
4. A State Party shall have the right to request the Executive Council to obtain clarification from another State Party on any situation which may be considered ambiguous or which gives rise to a concern about its possible non‑compliance with this Convention. In such a case, the following shall apply:
(a) the Executive Council shall forward the request for clarification to the State Party concerned through the Director‑General not later than 24 hours after its receipt;
(b) the requested State Party shall provide the clarification to the Executive Council as soon as possible, but in any case not later than 10 days after the receipt of the request;
(c) the Executive Council shall take note of the clarification and forward it to the requesting State Party not 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 Executive Council to obtain from the requested State Party further clarification;
(e) for the purpose of obtaining further clarification requested under subparagraph (d), the Executive Council may call on the Director‑General to establish a group of experts from the Technical Secretariat, or if appropriate staff are not available in the Technical Secretariat, from elsewhere, to examine all available information and data relevant to the situation causing the concern. The group of experts shall submit a factual report to the Executive Council on its findings;
(f) if the requesting State Party considers the clarification obtained under subparagraphs (d) and (e) to be unsatisfactory, it shall have the right to request a special session of the