An Act to give effect to certain of Australia’s obligations as a party to the Comprehensive Nuclear Test‑Ban Treaty, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Comprehensive Nuclear‑Test‑Ban Treaty Act 1998.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
| 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | At the same time as Schedule 2 to the Non‑Proliferation Legislation Amendment Act 2003 commences | 12 December 2003 |
| 2. Sections 3 to 7 | A day or days to be fixed by Proclamation, subject to subsection (3) | 11 June 2004
(s 2(1); Gazette 2004, S201) |
| 3. Part 2 | A day or days to be fixed by Proclamation, subject to subsection (3) | 11 June 2004
(s 2(1); Gazette 2004, S201) |
| 4. Part 3 | The day on which the Treaty enters into force for Australia | |
| 5. Part 4, Division 1 | A day or days to be fixed by Proclamation, subject to subsection (3) | 11 June 2004
(s 2(1); Gazette 2004, S201) |
| 6. Part 4, Divisions 2 and 3 | The day on which the Treaty enters into force for Australia | |
| 7. Parts 5 and 6 | A day or days to be fixed by Proclamation, subject to subsection (3) | Part 5 (Div. 1
[ss 62–65]),
ss 68–72, 74, 75, 78 and Sch 1: 11 June 2004 (s 2(1); Gazette 2004, S201) |
| 8. Schedule 1 | A day to be fixed by Proclamation, subject to subsection (3) | 11 June 2004
(s 2(1); Gazette 2004, S201) |
Note: This table relates only to the provisions of this Act as amended by the Foreign Affairs and Trade Legislation Amendment (Application of Criminal Code) Act 2001 and the Non‑Proliferation Legislation Amendment Act 2003. It will not be expanded to deal with other provisions inserted in this Act.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
(3) If a provision covered by item 2, 3, 5, 7 or 8 of the table does not commence before the day on which the Treaty enters into force for Australia, it commences on that day.
(4) The Minister must announce by notice in the Gazette the day on which the Treaty enters into force for Australia.
3 External Territories
This Act extends to the external Territories.
4 Australian ships and aircraft
This Act extends to acts and omissions on board ships and aircraft registered in Australia or that the Commonwealth, a State or a Territory owns or possesses.
5 Act binds the Crown
(1) This Act binds the Crown in each of its capacities.
(2) However, nothing in this Act makes the Crown liable to be prosecuted for an offence.
6 Application of Criminal Code
The Criminal Code applies to all offences against this Act.
7 Definitions
In this Act, unless the contrary intention appears:
Australia, when used in a geographical sense, includes the external Territories.
Australian Comprehensive Test Ban Office means the Australian Comprehensive Test Ban Office designated under section 62.
clarification inspection means an inspection carried out under Division 3 of Part 3.
clarification inspection area means an area the Minister specifies in a declaration under section 17A.
clarification warrant means a warrant issued under section 22.
Director means the person designated under section 63 as the Director of the Australian Comprehensive Test Ban Office.
environment includes all aspects of the surroundings of human beings, whether affecting human beings as individuals or in social groupings.
establish, in relation to a facility, includes:
(a) construct the facility on, over or under any land; and
(b) attach the facility to any building or other structure; and
(c) do any activity that is ancillary or incidental to establishing the facility (for this purpose, establish includes an activity covered by paragraph (a) or (b)).
evidential material means a thing that may afford evidence as to the commission of an offence against this Act, including such a thing in electronic form.
foreign country inspector means a person the Minister declares to be a foreign country inspector under section 19.
identity card means a card issued under section 67.
inspection area means an area the Minister declares to be an inspection area under section 11.
land includes waters and submerged land.
national inspector means the Director or a person appointed as a national inspector under section 66.
observer means a person the Minister declares to be an observer under section 15.
occupier of premises includes a person on the premises who apparently represents the occupier of the premises.
Office means the Australian Comprehensive Test Ban Office.
on‑site inspection means an inspection the Minister declares to be an on‑site inspection under section 11.
on‑site inspection power has the meaning given by section 12.
on‑site inspection purpose has the meaning given by section 13.
on‑site inspection warrant means a warrant issued under section 21.
Organization means the Comprehensive Nuclear Test‑Ban Treaty Organization established by the Treaty.
Organization inspector means a person the Minister declares to be an Organization inspector under section 14.
premises includes a place and a conveyance.
State Party means a State that is a signatory to the Treaty and that has ratified it.
Treaty means the Comprehensive Nuclear Test‑Ban Treaty (including the Annexes to the Treaty, the Protocol to the Treaty and the Annexes to the Protocol) a copy of the English text of which is set out in Schedule 1, as amended by any amendment of the Treaty that Australia accepts, a copy of the English text of which is set out in the regulations.
vessel means a thing capable of carrying persons or goods through water.
warrant premises means premises in relation to which a warrant is in force.
warrant team, in relation to a warrant issued under Part 3, means:
(a) the national inspector responsible for executing the warrant; and
(b) if the warrant is issued under section 21—the Organization inspector who, in accordance with the Treaty, is to exercise on‑site inspection powers under the warrant; and
(c) if the warrant is issued under section 22—any foreign country inspector accompanying the national inspector mentioned in paragraph (a); and
(d) in any case—any person whose assistance the national inspector obtains under section 42 in relation to executing the warrant.
Part 2—Ban on nuclear explosions
8 Offence of causing a nuclear explosion
A person who causes a nuclear weapon test explosion or any other nuclear explosion is guilty of an offence.
Penalty: Imprisonment for life.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
9 Extraterritorial operation of offence
Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against section 8.
Part 3—Inspections
Division 1—Outline of Part
10 Outline of Part
The following is a basic outline of this Part:
(a) Division 2 provides for Organization inspectors to inspect sites in Australia;
(b) Division 3 provides for Australia to respond (including by inspecting sites in Australia) to another State Party’s request for clarification about compliance with the Treaty;
(c) Division 4 deals with inspection warrants, and the conduct of inspections, for the purposes of Divisions 2 and 3;
(d) Division 5 provides for searches for and seizures of evidence relating to offences;
(e) Division 6 has some general rules about warrants.
Division 2—On‑site inspections etc.
11 Requests for on‑site inspections
(1) If a request for an on‑site inspection (within the meaning of the Treaty) in Australia is made under Article IV of the Treaty:
(a) the Director may give the Organization any information or documents about occurrences that will help to clarify and resolve the concern raised in the request; and
(b) the Minister may make a written declaration:
(i) that the inspection is an on‑site inspection for the purposes of this Act; and
(ii) that the area specified in the declaration is an inspection area for the purposes of this Act.
(2) An Organization inspector may, anywhere in an inspection area, enter premises and exercise on the premises any on‑site inspection powers for an on‑site inspection purpose, either:
(a) with the consent of the occupier of the premises; or
(b) under a warrant issued to a national inspector under section 21 in relation to the premises;
subject to sections 27 and 28.
(3) A national inspector:
(a) may accompany an Organization inspector while the Organization inspector exercises powers in the circumstances mentioned in paragraph (2)(a); and
(b) must accompany an Organization inspector while the Organization inspector exercises powers in the circumstances mentioned in paragraph (2)(b).
(4) An Organization inspector must not exercise any powers in the circumstances mentioned in paragraph (2)(a) in relation to premises in an inspection area if:
(a) the occupier of the premises has required the Organization inspector to show written proof of his or her identity; and
(b) the Organization inspector fails to comply with the requirement.
(5) A national inspector must not accompany an Organization inspector in the circumstances mentioned in paragraph (2)(a) in relation to premises in an inspection area if:
(a) the occupier of the premises has required the national inspector to show his or her identity card; and
(b) the national inspector fails to comply with the requirement.
12 On‑site inspection powers
(1) An on‑site inspection power is a power to:
(a) search premises in an inspection area; or
(b) take photographs (including video recordings), or make sketches, of the premises or of equipment or any other matter or thing on the premises; or
(c) monitor the exit of all vessels, aircraft or vehicles (other than personnel or personal vehicles) leaving the premises; or
(d) fly over the premises; or
(e) inspect or examine a matter or thing; or
(f) take samples of a matter or thing; or
(g) measure a matter or thing; or
(h) carry out drilling on the premises; or
(i) examine a document; or
(j) take extracts from, or make copies of, a document; or
(k) verify the proper functioning or calibration of any equipment (including any thing, or part of a thing, that the Organization classifies as on‑site monitoring equipment); or
(l) install and operate any thing, or part of a thing, that the Organization classifies as on‑site monitoring equipment; or
(m) question personnel working on the premises; or
(n) operate equipment, including electronic equipment, located on the premises, if the Organization inspector believes, on reasonable grounds, that the equipment can be operated without damaging it; or
(o) take onto the premises any equipment or material that is approved by the Organization and that is reasonably required for the purpose of exercising a power under any of the above paragraphs; or
(p) do any other act or thing necessary or convenient to be done in order to carry out an on‑site inspection in accordance with Article IV of the Treaty.
(2) A power mentioned in subsection (1) may only be exercised in a way that reasonably appears to be in accordance with safety procedures applicable on the premises where the power is to be exercised.
13 On‑site inspection purposes
An on‑site inspection purpose is a purpose of facilitating an on‑site inspection by an Organization inspector in accordance with Article IV of the Treaty.
14 Organization inspectors
(1) If the Minister is satisfied that a person has, in accordance with the Treaty, been designated as an Organization inspector, the Minister must, in writing, declare the person to be an Organization inspector for the purposes of this Act.
(2) If the Minister ceases to be so satisfied, the Minister must, in writing, revoke the declaration.
(3) The Minister must give the person a copy of the declaration or revocation.
15 Observers
(1) If:
(a) the Minister is satisfied that a person has, in accordance with the Treaty, been proposed by a State Party as an observer in relation to an on‑site inspection; and
(b) the Minister decides to accept the person as such an observer;
the Minister must, in writing, declare the person to be an observer for the purposes of this Act.
(2) The Minister must give the person a copy of the declaration.
(3) An observer may accompany an Organization inspector while the Organization inspector is exercising any on‑site inspection powers in relation to premises in an inspection area.
(4) However, an observer is not entitled to enter premises in an inspection area, or any particular part of the premises, if the occupier of the premises has informed the Director, in writing, that the observer is to be excluded from the premises or from that part of the premises. If the occupier so informs the Director, the Director must inform the observer to that effect in writing.
(5) An observer is not entitled to enter premises in an inspection area or to observe an Organization inspector exercising on‑site inspection powers if:
(a) the occupier of the premises has required the observer to show written proof of his or her identity; and
(b) the observer fails to comply with the requirement.
(6) If the conditions in subsection (1) cease to be satisfied, the Minister must, in writing, revoke the declaration.
(7) The Minister must give the person a copy of the revocation.
Division 3—Clarification procedures
16 Scope of Division
This Division applies if another State Party, without having made a request for an on‑site inspection (within the meaning of the Treaty) in Australia under Article IV of the Treaty, seeks clarification from Australia, either directly or through the Organization, concerning the question of whether there has been a breach of the Treaty.
17 Director may give information or documents
The Director may give:
(a) the person holding an equivalent position to the Director in the State Party seeking clarification; or
(b) the Organization;
any information or documents about occurrences that will help to clarify the matter.
17A Declaration of clarification inspection area
The Minister may make a written declaration specifying an area (the clarification inspection area) for the purposes of the clarification.
18 Inspections by national inspectors
(1) A national inspector may:
(a) with the consent of the occupier of premises in the clarification inspection area; or
(b) under a warrant issued under section 22 in respect of premises in the clarification inspection area;
enter the premises and conduct an inspection (called a clarification inspection) of the premises in the same way and exercising the same powers as if:
(c) the clarification inspection had been declared to be an on‑site inspection; and
(d) the clarification inspection area had been declared to be an inspection area;
but with the national inspector, instead of an Organization inspector, exercising on‑site inspection powers.
(2) For the purposes of a particular clarification inspection, the rules in this Part that apply to an inspection by consent apply subject to any modifications set out in the regulations that the Director determines in writing are to apply to the clarification inspection.
(3) After conducting a clarification inspection, the national inspector may report the results of the inspection to the State Party seeking clarification, either directly or through the Organization.
19 Joint inspections
(1) The Director may, on behalf of Australia, enter into an arrangement with the person holding an equivalent office in the State Party seeking clarification, if the occupier of premises in the clarification inspection area consents, for a national inspector to carry out a joint inspection of the premises, accompanied by any inspectors the other State Party nominates.
(2) The Director may make such an arrangement:
(a) whether or not information or documents have been sought to be given under section 17; and
(b) whether or not an inspection has been carried out under section 18.
(3) If the Minister is satisfied that a State Party has designated a person as a foreign country inspector to Australia, the Minister may, in writing, declare the person to be a foreign country inspector for the purposes of this section.
(4) The Minister must give the person a copy of the declaration.
(5) A national inspector and any foreign country inspectors may, in accordance with an arrangement under subsection (1), enter the premises and conduct a clarification inspection. (Section 18 has the rules about clarification inspections).
20 Limit on modifications
Modifications under subsection 18(2) must not reduce the rights this Act gives the occupier of the premises concerned.
Division 4—Inspection warrants and conduct of inspections
21 On‑site inspection warrants
(1) If the occupier of premises in an inspection area does not consent to an Organization inspector entering the premises and exercising on‑site inspection powers as mentioned in subsection 11(2), a national inspector must, as soon as possible, apply to a magistrate for an on‑site inspection warrant in relation to the premises.
(2) A magistrate may issue an on‑site inspection warrant in relation to the premises if the magistrate is satisfied, by information on oath or affirmation, that it is reasonably necessary to exercise on‑site inspection powers for an on‑site inspection purpose.
(3) If the magistrate does so, the national inspector must execute the warrant in a way that accords with all lawful directions given by the Organization inspector.
22 Clarification inspection warrants
(1) A national inspector may apply to a magistrate for a clarification inspection warrant in relation to premises in a clarification inspection area.
(2) A magistrate may issue a clarification inspection warrant in relation to the premises if the magistrate is satisfied, by information on oath or affirmation, that it is reasonably necessary to carry out a clarification inspection on the premises for the purpose of helping to clarify the matter mentioned in section 16.
23 Content of warrants
A warrant issued under this Division must:
(a) describe the premises to which the warrant relates; and
(b) state the name of the national inspector responsible for executing the warrant; and
(c) state the period within which, in accordance with section 24, the warrant team is to complete the inspection; and
(d) state the purpose for which the warrant is issued.
24 Duration of inspection
(1) An on‑site inspection of premises in an inspection area must be completed before the end of 60 days after the request for the inspection was made in accordance with Article IV of the Treaty as mentioned in section 11.
(2) A clarification inspection of premises in a clarification inspection area should, if practicable, be completed before the end of 48 hours after clarification was sought from Australia as mentioned in section 16.
(3) On written application by the Director, the Minister may, in writing, extend the time limit in subsection (1) by a further period, or periods, of no more than 70 days in total.
(4) If the Minister does so, the Minister must give the occupier of the premises concerned a copy of the document extending the period and, if the inspection is carried out in whole or in part under a warrant, must also give a copy to the magistrate who issued the warrant.
25 Inspections not to be intrusive
An on‑site inspection or clarification inspection must be carried out in the way that is least intrusive consistent with achieving the purposes of the inspection.
26 On‑site inspection warrant may authorise presence of an observer
An on‑site inspection warrant in relation to premises in an inspection area may, subject to any restrictions under section 15, authorise an observer to accompany an Organization inspector in his or her exercise of on‑site inspection powers for an on‑site inspection purpose.
27 Initial inspection plan
After an initial briefing and to facilitate the more detailed inspection of premises under an on‑site inspection, the persons who are to do the inspection must prepare and give to the Director an initial inspection plan specifying the activities they propose to carry out and the places to which they want access.
28 Managed access
The persons who are to do the inspection must, in consultation with the Director, modify their inspection plan to whatever extent is justified, in accordance with the provisions relating to managed access in Part II of the Protocol to the Treaty, so as to ensure the protection of sensitive equipment, information and places that are not relevant to verifying compliance with the Treaty.
29 Other modifications of inspection plan
The persons who are to do the inspection may, at any time, otherwise modify the inspection plan to whatever extent is justified so as to ensure the effective execution of the inspection.
Division 5—Offence‑related searches and seizures
30 Offence‑related searches and seizures
(1) If a national inspector has reasonable grounds for suspecting that there may be on any premises particular evidential material, the inspector may:
(a) with the consent of the occupier of the premises; or
(b) under a warrant issued under section 31 or 37;
enter the premises and:
(c) search the premises for the evidential material; and
(d) if the inspector finds any evidential material on the premises—seize the evidential material found on the premises.
(2) A national inspector is not entitled to exercise any powers in the circumstances mentioned in paragraph (1)(a) in relation to premises if:
(a) the occupier of the premises has required the inspector to show his or her identity card; and
(b) the inspector fails to comply with the requirement.
31 Offence‑related warrants
(1) A national inspector may apply to a magistrate for a warrant under this section in relation to particular premises.
(2) A magistrate may issue a warrant to search premises if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, any evidential material at the premises.
(3) However, a magistrate must not issue the warrant unless a national inspector has given the magistrate, either orally (on oath or affirmation) or by affidavit, any further information the magistrate requires about the grounds on which the warrant is being sought.
(4) A warrant issued under this Division must:
(a) state the offence to which the warrant relates; and
(b) describe the premises to which the warrant relates; and
(c) describe the kinds of evidential material that are to be searched for under the warrant; and
(d) state the name of the national inspector responsible for executing the warrant; and
(e) state when the period for which the warrant is in force is to begin and how long it is to last (which must not be for more than 7 days); and
(f) state whether the warrant may be executed at any time or only during particular hours.
(5) The warrant should also state that it authorises the seizure of a thing (other than evidential material of the kind mentioned in paragraph (4)(c)) found at the premises that a member of the warrant team believes on reasonable grounds to be:
(a) evidential material in relation to an offence to which the warrant relates; or
(b) a thing relevant to another offence against this Act;
if the member believes, on reasonable grounds, that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act.
(6) Paragraph (4)(e) does not prevent the issue of successive warrants in relation to the same premises.
(7) If an application for the warrant is made under section 37, this section applies as if:
(a) subsection (2) referred to 48 hours rather than 72 hours; and
(b) paragraph (4)(e) referred to 48 hours rather than 7 days.
32 The things that are authorised by a search warrant
(1) A warrant in force in relation to premises authorises the warrant team:
(a) to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, whatever it is; and
(b) to search the premises for the kinds of evidential material specified in the warrant, and to seize things of those kinds found at the premises; and
(c) to seize other things found at the premises in the course of the search that a member of the warrant team believes on reasonable grounds to be:
(i) evidential material in relation to an offence to which the warrant relates; or
(ii) evidential material in relation to another offence against this Act;
if the member of the warrant team believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence.
(2) If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.
(3) If things are seized under a warrant, the warrant authorises the national inspector executing the warrant to make the things available to officers of other agencies if it is necessary to do so for the purpose of investigating or prosecuting an offence against this Act to which the things relate.
(4) A power mentioned in this section or in section 30, 33, 34 or 35 may only be exercised in a way that the national inspector believes, on reasonable grounds, to be in accordance with safety procedures applicable at the premises.
33 Specific powers available to warrant teams executing search warrants
(1) The warrant team may:
(a) for a purpose incidental to the execution of the warrant; or
(b) if the occupier of the premises consents in writing;
take photographs (including video recordings) of the premises or of things at the premises.
(2) The warrant team may, if the warrant is still in force, complete the execution of the warrant after all of the team temporarily stop its execution and leave the premises:
(a) for not more than one hour; or
(b) for a longer period if the occupier of the premises consents in writing.
(3) If:
(a) the execution of a warrant is stopped by an order of a court; and
(b) the order is later revoked or reversed on appeal; and
(c) the warrant is still in force;
the execution of the warrant may be completed.
34 Use of equipment to examine or process things
(1) The warrant team may bring to the warrant premises any equipment reasonably necessary for examining or processing things found at the premises to see whether they may be seized under the warrant.
(2) If:
(a) it is not practicable to examine or process the things at the warrant premises; or
(b) the occupier of the premises consents in writing;
the things may be moved to another place so that the examination or processing can be carried out.
(3) If things containing electronically stored information are moved to another place under subsection (2), the national inspector executing the warrant must, if practicable:
(a) tell the occupier the place and the time at which the examination or processing will be carried out; and
(b) allow the occupier or his or her representative to be present during the examination or processing.
(4) The warrant team may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises to see whether it may be seized under the warrant if a member of the warrant team believes, on reasonable grounds, that:
(a) the equipment is suitable for the examination or processing; and
(b) the examination or processing can be carried out without damage to the equipment or the thing.
35 Use of electronic equipment at premises
(1) A member of the warrant team may operate electronic equipment located at the premises to see whether evidential material is accessible by doing so if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.
(2) If a member of the warrant team finds, after operating the equipment, that evidential material is accessible by doing so, he or she may:
(a) seize the equipment and any disk, tape or other associated device; or
(b) if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced; or
(c) if the material can be transferred to a disk, tape or other storage device that:
(i) is brought to the premises; or
(ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;
operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.
(3) A person may seize equipment under paragraph (2)(a) only if:
(a) it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c); or
(b) possession of the equipment by the occupier could constitute an offence against this Act.
(4) If a member of the warrant team believes, on reasonable grounds, that:
(a) evidential material may be accessible by operating electronic equipment at the premises; and
(b) expert assistance is required to operate the equipment; and
(c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;
he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.
(5) The member of the warrant team must give notice to the occupier of the premises of his or her intention to secure the equipment and that the equipment may be secured for up to 24 hours.
(6) The equipment may be secured:
(a) for a period of no more than 24 hours; or
(b) until the equipment has been operated by the expert;
whichever happens first.
(7) If a member of the warrant team believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to the magistrate who issued the warrant for an extension of that period.
(8) The member must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier may be heard in relation to the application.
(9) The provisions of this Division relating to the issue of warrants apply, with any necessary modifications, to the issuing of an extension.
36 Occupier may observe search
(1) If a warrant in relation to premises is being executed and the occupier of the premises is present, the occupier may observe the search being conducted.
(2) The right to observe ceases if the occupier impedes the search.
(3) This section does not prevent 2 or more areas of the premises being searched at the same time.
37 Warrants by telephone or other electronic means
(1) A national inspector may apply to a magistrate for a warrant by telephone, fax or other electronic means:
(a) in an urgent case; or
(b) if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.
(2) The magistrate may require voice communication to the extent that is practicable in the circumstances.
(3) An application under this section must include all information required to be provided in an ordinary application for a warrant, but the application may, if necessary, be made before the information is sworn or affirmed.
(4) If an application is made to a magistrate under this section and the magistrate, after considering the information and having received and considered any further information that the magistrate requires, is satisfied that:
(a) a warrant in the terms of the application should be issued urgently; or
(b) the delay that would occur if an application were made in person would frustrate the effective execution of the warrant;
the magistrate may complete and sign the same form of warrant that would be issued under section 31.
(5) If the magistrate decides to issue the warrant, the magistrate must tell the applicant, by telephone, fax or other electronic means, of the terms of the warrant and the day and time when it was signed.
(6) The national inspector must then complete a form of warrant in terms substantially the same as those given by the magistrate, stating on the form the name of the magistrate and the day and time when the warrant was signed.
(7) The national inspector must, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is earlier, give or transmit to the magistrate the form of warrant completed by the inspector and, if the information mentioned in subsection (3) was not sworn or affirmed, that information duly sworn or affirmed.
(8) The magistrate must attach to the documents provided under subsection (7) the form of warrant completed by the magistrate.
(9) If:
(a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and
(b) the form of warrant signed by the magistrate is not produced in evidence;
the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.
38 Receipts for things seized or moved
(1) The warrant team must provide a receipt for any thing seized under a warrant or moved under subsection 34(2).
(2) A single receipt may cover 2 or more things that are seized or moved.
39 Return of seized things
(1) If:
(a) a person seizes a thing under this Division (other than under a warrant issued under section 31 or 37); and
(b) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence;
the person must return it, unless:
(c) the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership; or
(d) a court orders that it need not be returned.
(2) If a warrant team seizes a thing from a person under a warrant issued under section 31 or 37, 60 days after the seizure the warrant team must return the thing to the person (or to the owner, if the person is not entitled to possess it) unless:
(a) the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership; or
(b) proceedings in respect of which the thing may afford evidence were begun before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or
(c) the warrant team may retain the thing because of an order under section 40; or
(d) a member of the warrant team or another person is authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the thing.
40 Court of summary jurisdiction may permit a thing to be retained
(1) If a thing is seized under a warrant issued under section 31 or 37, and:
(a) before the end of 60 days after the seizure; or
(b) before the end of a period previously specified in an order of a court under this section;
proceedings in respect of which the thing may afford evidence have not begun, a member of the warrant team may apply to a court of summary jurisdiction for an order that he or she may retain the thing for a further period.
(2) If the court is satisfied that it is necessary for the team to continue to retain the thing:
(a) for the purposes of an investigation as to whether an offence against this Act has been committed; or
(b) to enable evidence of such an offence to be secured for the purposes of a prosecution;
the court may order that the team may retain the thing for the period specified in the order.
(3) Before the court hears the application, it may require notice of the application to be given to such persons as the court thinks fit.
Division 6—General rules about warrants
41 Announcement before entry
(1) Before a warrant team enters premises in an inspection area or clarification inspection area, the national inspector executing the warrant must:
(a) announce that the warrant team is authorised by the warrant to enter the premises; and
(b) give any person at the premises an opportunity to allow entry into or onto the premises.
(2) The national inspector need not comply with subsection (1) if the national inspector believes, on reasonable grounds, that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.
42 Availability of assistance and use of force in executing warrant
In the execution of a warrant:
(a) the national inspector executing the warrant may obtain such assistance; and
(b) the warrant team may use such force against persons and things;
as is necessary and reasonable in the circumstances.
43 Details of warrant to be given to occupier etc.
If a warrant in relation to particular premises is being executed and the occupier of the premises is present at the premises, the national inspector executing the warrant must make a copy of the warrant available to the occupier.
44 Copies of seized things to be provided
(1) Subject to subsection (2), if a warrant team seizes under a warrant:
(a) a document, film, computer file or other thing that can be readily copied; or
(b) a storage device, the information in which can be readily copied;
the warrant team must, if the occupier of the premises requests, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.
(2) Subsection (1) does not apply if the thing was seized under paragraph 35(2)(a) or (b).
45 Compensation for damage to equipment
(1) If:
(a) damage is caused to an instrument or other equipment as a result of being operated as mentioned in paragraph 12(1)(n) or subsection 34(4) or 35(1); and
(b) the damage was caused as a result of:
(i) insufficient care being exercised in selecting the person who was to operate the equipment; or
(ii) insufficient care being exercised by the person operating the equipment;
the Commonwealth must pay the person such reasonable amount of compensation:
(c) as they agree on; or
(d) failing agreement—as the Federal Court of Australia determines.
(2) In determining the amount of compensation payable under paragraph (1)(d), regard is to be had to whether the occupier of the premises, if he or she were available at the time, had given any warning or guidance as to the operation of the instrument or other equipment that was appropriate in the circumstances.
46 Making false statements in applications for warrant
A national inspector is guilty of an offence if the inspector makes, in an application for a warrant, a statement that the inspector knows to be false or misleading in a material particular.
Penalty: Imprisonment for 2 years.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
47 Offences relating to telephone warrants
A national inspector is guilty of an offence if the inspector:
(a) states in a document that purports to be a form of warrant issued under section 37 the name of a person as the magistrate issuing the warrant who is not the magistrate who issued the warrant; or
(b) states in a form of warrant under that section a matter that, to the inspector’s knowledge, departs in a material particular from the form authorised by the magistrate issuing the warrant; or
(c) purports to execute, or present to a person, a document that purports to be a form of warrant under section 37 that the inspector knows:
(i) has not been approved by the magistrate issuing the warrant; or
(ii) to depart in a material particular from the terms authorised by the magistrate issuing the warrant; or
(d) gives the magistrate a form of warrant under section 37 that is not the form of warrant that the inspector purported to execute.
Penalty: Imprisonment for 2 years.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part 4—Monitoring facilities
Division 1—Establishing and operating monitoring facilities
48 Declaration of Treaty monitoring facilities
(1) The Minister may declare in writing that a specified facility is a Treaty monitoring facility for the purposes of this Act.
(2) Before making the declaration, the Minister must be satisfied that it is necessary or desirable for the facility to be established or operated in order to give effect to Australia’s obligations under the Treaty.
(3) A copy of the declaration must be published in the Gazette.
49 Minister may establish and operate monitoring facilities
The Minister may, on behalf of the Commonwealth:
(a) establish a monitoring facility with a view to declaring it to be a Treaty monitoring facility; or
(b) operate a Treaty monitoring facility;
if the Minister considers it necessary or desirable in order to give effect to Australia’s obligations under the Treaty.
50 Minister may enter into arrangements
The Minister may, on behalf of the Commonwealth, enter into an arrangement with any person relating to the establishment or operation of monitoring facilities, if the Minister considers it necessary or desirable in order to give effect to Australia’s obligations under the Treaty.
Division 2—Powers to do certain activities
51 Authorisation to gain access to facilities
The Minister may, in writing, authorise any person:
(a) to gain access to a Treaty monitoring facility; or
(b) to do any thing on, in or in relation to a Treaty monitoring facility;
on such conditions as the Minister determines, if the Minister considers the authorisation necessary or desirable in order to give effect to Australia’s obligations under the Treaty.
52 Inspecting land
For the purpose of determining:
(a) whether any facility should be declared to be a Treaty monitoring facility; or
(b) whether any premises would be a suitable site for a Treaty monitoring facility;
the Minister may:
(c) enter on, and inspect, any land; and
(d) inspect any facility on the land; and
(e) do anything on the land, or to the facility, that is necessary or desirable for that purpose.
53 Establishing facilities
The Minister may, for purposes to do with establishing a monitoring facility under section 49:
(a) enter on, and occupy, any land; and
(b) do anything necessary or desirable for those purposes on, over or under the land.
54 Maintaining facilities
(1) The Minister may, at any time, carry out maintenance of a Treaty monitoring facility.
(2) The Minister may do anything necessary or desirable for the purpose of doing so, including entering on, and occupying, land.
(3) This section does not, by implication, limit section 51.
Division 3—Rules about exercising Division 2 powers
55 Damage etc. to be minimised
In doing an activity under Division 2, a person must take all reasonable steps to ensure that the person causes as little detriment and inconvenience, and does as little damage, as practicable.
56 Person must restore land
If a person does an activity under Division 2, the person must take all reasonable steps to ensure that the land concerned is restored to a condition similar to its condition before the activity began.
57 Management of activities
A person must, in connection with doing an activity under Division 2, take all reasonable steps:
(a) to act in accordance with good engineering practice; and
(b) to protect the safety of persons and property; and
(c) to ensure that the activity interferes as little as practicable with:
(i) the operations of a public utility or other person or body responsible for infrastructure or for providing similar products or services; and
(ii) public roads and paths; and
(iii) the movement of traffic; and
(iv) the use of land; and
(d) to protect the environment.
58 Roads etc. to remain open for passage
If the Minister does an activity covered by section 53 (which deals with establishing facilities), the Minister must ensure that a facility established over a road, bridge, path or navigable water is established in a way that will allow reasonable passage by persons, vehicles and vessels.
59 Notice to owner of land
(1) Before doing an activity under section 52, 53 or 54 in relation to any land, the Minister must give written notice of his or her intention to do so to:
(a) the owner of the land; and
(b) if the land is occupied by a person other than the owner—the occupier.
(2) The notice must specify the purpose for which the Minister intends to do the activity.
(3) The notice must contain a statement to the effect that, if a person suffers financial loss or damage in relation to property because of anything the Minister does in doing the activity, compensation may be payable under section 61.
(4) The notice must be given at least 10 days before the Minister begins to do the activity.
(5) A person may waive the person’s right to be given a notice.
(6) Subsection (1) does not apply if:
(a) the Minister intends to do activities under section 54 (which deals with maintenance); and
(b) the Minister considers that those activities need to be done without delay in order:
(i) to protect the health or safety of persons; or
(ii) to protect property or the environment; or
(iii) to ensure that Australia is not in breach of its obligations under the Treaty.
(7) Subsection (1) does not apply if:
(a) the Minister intends to do activities under section 52 (which deals with inspection); and
(b) doing those activities does not involve any material disturbance to the land concerned; and
(c) members of the public have ready access to the land; and
(d) no part of the land is or is part of an area:
(i) that, under a law of the Commonwealth, a State or a Territory, is protected from significant environmental disturbance; or
(ii) that is of particular significance to Aboriginal persons, or Torres Strait Islanders, in accordance with their traditions.
(8) In subsection (7):
Aboriginal person means a person of the Aboriginal race of Australia.
Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.
60 Giving notices
(1) If:
(a) the Minister is unable, after reasonable inquiry, to find out who owns particular land; or
(b) the Minister is unable to give a notice under section 59 on the owner of land either personally or by post;
the Minister may give a notice under that section to the owner of the land by publishing a copy of the notice in a newspaper circulating in a district in which the land is situated and:
(c) if the land is occupied—giving a copy of the notice to the occupier; or
(d) if the land is not occupied—attaching, if practicable, a copy of the notice to a conspicuous part of the land.
(2) This section does not affect the operation of any other law of the Commonwealth, or of any law of a State or Territory, that authorises the service of a document otherwise than as provided in this section.
61 Compensation
(1) If, because of anything done under Division 2 in relation to any property that a person owns or has an interest in:
(a) the person suffers financial loss or damage; or
(b) an acquisition of the property otherwise than on just terms occurs (within the meaning of paragraph 51(xxxi) of the Constitution);
the Commonwealth must pay the person such reasonable amount of compensation:
(c) as they agree on; or
(d) failing agreement—as the Federal Court of Australia determines.
(2) Compensation payable under subsection (1) includes compensation for:
(a) temporary as well as permanent damage; and
(b) taking sand, soil, stone, gravel, timber, water and other things.
Part 5—Australian Comprehensive Test Ban Office
Division 1—Establishment of the Office
62 Designation of the Office
(1) The Minister may, in writing, designate:
(a) a particular agency for which the Minister is responsible; or
(b) a particular unit within such an agency or within the Department;
as the Australian Comprehensive Test Ban Office.
(2) A copy of the designation must be published in the Gazette.
(3) The Office may be referred to by another name specified by the Minister by notice in the Gazette. The notice may be included in the copy of the designation published in the Gazette or published separately in the Gazette.
63 Director of Office
(1) The designation must also designate the holder of a particular position within the agency or unit as the Director of the Office.
(2) The Director may be referred to by another title specified by the Minister by notice in the Gazette. The notice may be included in the copy of the designation published in the Gazette or published separately in the Gazette.
64 Functions of the Office
The functions of the Office are as follows:
(a) to ensure the effective operation of this Act;
(b) to carry out, on behalf of Australia, Australia’s obligations under the Treaty;
(c) in particular, to act, on behalf of Australia, as the main point of contact for liaison with the Organization and with other States Parties to the Treaty;
(d) to facilitate inspections of places in Australia if Australia’s compliance with the Treaty is challenged;
(e) to carry out the duties and exercise the powers conferred on the Office under this Act or the regulations or under any other law of the Commonwealth;
(f) to do anything incidental or conducive to performing any of the above functions.
65 Delegation by Director
The Director may, by signed writing, delegate all or any of his or her powers under this Act.
Division 2—National inspectors and consultants
66 National inspectors
(1) The Director is a national inspector.
(2) The Director may, from time to time, in writing appoint other persons to be national inspectors.
(3) A national inspector may be, but does not have to be, an employee of the Office.
67 Identity cards
(1) The Director must have, and must give every other national inspector, a card identifying the holder as a national inspector.
(2) An identity card must:
(a) be in a form approved by the Director; and
(b) have on it a recent photograph of the person.
(3) As soon as practicable after a person ceases to be a national inspector the person must return the card to the Director.
Penalty for contravening this subsection: 1 penalty unit.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(4) An offence under subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
68 Engagement of consultants etc.
(1) The Director may, on behalf of the Commonwealth and with the approval of the Minister, engage, under written agreements, persons having suitable qualifications and experience as consultants to the Office.
(2) The terms and conditions of a person so engaged are those determined by the Director.
Part 6—Miscellaneous
69 Delegation by Minister
(1) The Minister may, by signed writing, delegate all or any of his or her powers under this Act to:
(a) the Secretary of the Department; or
(b) the Director; or
(c) a person holding or performing the duties of a Senior Executive Service office in the Department.
(2) After the commencement of the Public Service Act 1998, the reference in subsection (1) to a person holding or performing the duties of a Senior Executive Service office in the Department is to be treated as a reference to an SES employee or acting SES employee in the Department.
70 Powers to be exercised in accordance with Treaty
(1) A person may exercise a power or perform a duty under this Act only to the extent that the exercise or performance is not inconsistent with Australia’s obligations under the Treaty.
(2) A person must, in exercising a power under this Act, have regard to Australia’s obligations under the Treaty.
71 Annual report by Director
(1) The Director must, as soon as practicable after 30 June in each year, prepare and give the Minister a report on the operation of this Act during that year.
(2) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister is given the report.
72 Additional reports
The Director:
(a) must give the Minister any additional reports or information relating to the Office’s operations under this Act that the Minister requires; and
(b) may give the Minister any other reports or information relating to the Office’s operations under this Act that the Director thinks appropriate.
73 Privileges and immunities
(1) The regulations may confer privileges and immunities on any or all of the following:
(a) the Organization;
(b) officers of the Organization;
(c) Organization inspectors or foreign country inspectors;
(d) observers;
(e) any other persons.
(2) Before the Governor‑General makes such a regulation, the Minister must be satisfied that it is necessary or desirable that it be made in order to give effect to Australia’s obligations under the Treaty.
74 Secrecy
(1) This section applies to a person who is or has been:
(a) the Secretary of, or an employee of, the Department; or
(b) the Director or an employee of the Office; or
(c) engaged as a consultant to the Office; or
(d) a national inspector; or
(e) any other Commonwealth officer (within the meaning of section 70 of the Crimes Act 1914).
(2) A person mentioned in subsection (1) must not, either directly or indirectly, record or communicate any confidential information about another person’s affairs that the person got in performing duties under this Act, except for the purposes of:
(a) this Act; or
(b) a prosecution for an offence against this Act or any other law of the Commonwealth, a State or a Territory; or
(c) complying with Australia’s obligations under the Treaty.
(3) The person must not be required to communicate to a court any such information unless it is necessary for the purposes of this Act or a prosecution for an offence against this Act.
(4) If:
(a) a person mentioned in subsection (1) (the communicator) communicates information to another person (the recipient) for the purposes of this Act or complying with Australia’s obligations under the Treaty; and
(b) at the time, the communicator stated that the information was confidential information covered by this subsection;
the recipient must not, either directly or indirectly:
(c) record the information; or
(d) communicate the information to another person;
except for the purposes of this Act or complying with Australia’s obligations under the Treaty.
(5) The recipient must not be required to communicate the information to a court unless it is necessary for the purposes of this Act or a prosecution for an offence against this Act.
(6) A person who contravenes subsection (2) or (4) is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.
75 Expressions in section 74
(1) Information about another person’s affairs that a person gets in the course of an inspection under Part 3 is confidential information for the purposes of section 74.
(2) Subsection (1) does not apply if, at the time:
(a) the information was already publicly available; or
(b) the other person stated that he or she would not object to it becoming publicly available.
(3) If the person objects, but later withdraws the objection, the information is not confidential information after the withdrawal.
(4) This section does not, by implication, limit the meaning of confidential information.
(5) In section 74:
court includes any tribunal, authority or person that may require documents to be produced or questions answered.
76 Australia not liable for acts or omissions of Organization
Nothing in this Act makes Australia or the Director liable for any act or omission of the Organization, or of an Organization inspector, in implementing the Treaty in Australia.
77 Organization has legal personality and capacity
(1) The Organization is a body corporate with perpetual succession.
(2) The Organization is capable, in its corporate name of:
(a) entering into contracts; and
(b) acquiring, holding and disposing of property; and
(c) suing.
78 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Schedule 1—Comprehensive Nuclear‑Test‑Ban Treaty
Note: This is the copy of the Treaty referred to in the definition of Treaty in section 7 of this Act.
PREAMBLE
The States Parties to this Treaty (hereinafter referred to as “the States Parties”),
Welcoming the international agreements and other positive measures of recent years in the field of nuclear disarmament, including reductions in arsenals of nuclear weapons, as well as in the field of the prevention of nuclear proliferation in all its aspects,
Underlining the importance of the full and prompt implementation of such agreements and measures,
Convinced that the present international situation provides an opportunity to take further effective measures towards nuclear disarmament and against the proliferation of nuclear weapons in all its aspects, and declaring their intention to take such measures,
Stressing therefore the need for continued systematic and progressive efforts to reduce nuclear weapons globally, with the ultimate goal of eliminating those weapons, and of general and complete disarmament under strict and effective international control,
Recognizing that the cessation of all nuclear weapon test explosions and all other nuclear explosions, by constraining the development and qualitative improvement of nuclear weapons and ending the development of advanced new types of nuclear weapons, constitutes an effective measure of nuclear disarmament and non‑proliferation in all its aspects,
Further recognizing that an end to all such nuclear explosions will thus constitute a meaningful step in the realization of a systematic process to achieve nuclear disarmament,
Convinced that the most effective way to achieve an end to nuclear testing is through the conclusion of a universal and internationally and effectively verifiable comprehensive nuclear test‑ban treaty, which has long been one of the highest priority objectives of the international community in the field of disarmament and non‑proliferation,
Noting the aspirations expressed by the Parties to the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water to seek to achieve the discontinuance of all test explosions of nuclear weapons for all time,
Noting also the views expressed that this Treaty could contribute to the protection of the environment,
Affirming the purpose of attracting the adherence of all States to this Treaty and its objective to contribute effectively to the prevention of the proliferation of nuclear weapons in all its aspects, to the process of nuclear disarmament and therefore to the enhancement of international peace and security,
Have agreed as follows:
BASIC OBLIGATIONS
1. Each State Party undertakes not to carry out any nuclear weapon test explosion or any other nuclear explosion, and to prohibit and prevent any such nuclear explosion at any place under its jurisdiction or control.
2. Each State Party undertakes, furthermore, to refrain from causing, encouraging, or in any way participating in the carrying out of any nuclear weapon test explosion or any other nuclear explosion.
THE ORGANIZATION
A. GENERAL PROVISIONS
1. The States Parties hereby establish the Comprehensive Nuclear Test‑Ban Treaty Organization (hereinafter referred to as “the Organization”) to achieve the object and purpose of this Treaty, to ensure the implementation of its provisions, including those for international verification of compliance with it, and to provide a forum for consultation and cooperation among States Parties.
2. All States Parties shall be members of the Organization. A State Party shall not be deprived of its membership in the Organization.
3. The seat of the Organization shall be Vienna, Republic of Austria.
4. There are hereby established as organs of the Organization: the Conference of the States Parties, the Executive Council and the Technical Secretariat, which shall include the International Date Centre.
5. Each State Party shall cooperate with the Organization in the exercise of its functions in accordance with this Treaty. States Parties shall consult, directly among themselves, or through the Organization or other appropriate international procedures, including procedures within the framework of the United Nations and in accordance with its Charter, on any matter which may be raised relating to the object and purpose, or the implementation of the provisions, of this Treaty.
6. The Organization shall conduct its verification activities provided for under this Treaty in the least intrusive manner possible consistent with the timely and efficient accomplishment of their objectives. It shall request only the information and data necessary to fulfil its responsibilities under this Treaty. It shall take every precaution to protect the confidentiality of information on civil and military activities and facilities coming to its knowledge in the implementation of this Treaty and, in particular, shall abide by the confidentiality provisions set forth in this Treaty.
7. Each State Party shall treat as confidential and afford special handling to information and data that it receives in confidence from the Organization in connection with the implementation of this Treaty. It shall treat such information and data exclusively in connection with its rights and obligations under this Treaty.
8. The Organization, as an independent body, shall seek to utilize existing expertise and facilities, as appropriate, and to maximize cost efficiencies, through cooperative arrangements with other international organizations such as the International Atomic Energy Agency. Such arrangements, excluding those of a minor and normal commercial and contractual nature, shall be set out in agreements to be submitted to the Conference of the States Parties for approval.
9. The costs of the activities of the Organization shall be met annually by the States Parties in accordance with the United Nations scale of assessments adjusted to take into account differences in membership between the United Nations and the Organization.
10. Financial contributions of States Parties to the Preparatory Commission shall be deducted in an appropriate way from their contributions to the regular budget.
11. A member of the Organization which is in arrears in the payment of its assessed contribution to the Organization shall have no vote in the Organization if the amount of its arrears equals or exceeds the amount of the contribution due from it for the preceding two full years. The Conference of the States Parties may, nevertheless, permit such a member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the member.
B. THE CONFERENCE OF THE STATES PARTIES
Composition, Procedures and Decision‑making
12. The Conference of the States Parties (hereinafter referred to as “the Conference”) shall be composed of all States Parties. Each State Party shall have one representative in the Conference, who may be accompanied by alternates and advisers.
13. The initial session of the Conference shall be convened by the Depositary no later than 30 days after the entry into force of this Treaty.
14. The Conference shall meet in regular sessions, which shall be held annually, unless it decides otherwise.
15. A special session of the Conference shall be convened:
(a) When decided by the Conference;
(b) When requested by the Executive Council; or
(c) When requested by any State Party and supported by a majority of the States Parties.
The special session shall be convened no later than 30 days after the decision of the Conference, the request of the Executive Council, or the attainment of the necessary support, unless specified otherwise in the decision or request.
16. The Conference may also be convened in the form of an Amendment Conference, in accordance with Article VII.
17. The Conference may also be convened in the form of a Review Conference, in accordance with Article VIII.
18. Sessions shall take place at the seat of the Organization unless the Conference decides otherwise.
19. The Conference shall adopt its rules of procedure. At the beginning of each session, it shall elect its President and such other officers as may be required. They shall hold office until a new President and other officers are elected at the next session.
20. A majority of the States Parties shall constitute a quorum.
21. Each State Party shall have one vote.
22. The Conference shall take decisions on matters of procedure by a majority of members present and voting. Decisions on matters of substance shall be taken as far as possible by consensus. If consensus is not attainable when an issue comes up for decision, the President of the Conference shall defer any vote for 24 hours and during this period of deferment shall make every effort to facilitate achievement of consensus, and shall report to the Conference before the end of this period. If consensus is not possible at the end of 24 hours, the Conference shall take a decision by a two‑thirds majority of members present and voting unless specified otherwise in this Treaty. 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.
23. When exercising its function under paragraph 26 (k), the Conference shall take a decision to add any State to the list of States contained in Annex 1 to this Treaty in accordance with the procedure for decisions on matters of substance set out in paragraph 22. Notwithstanding paragraph 22, the Conference shall take decisions on any other change to Annex 1 to this Treaty by consensus.
Powers and Functions
24. The Conference shall be the principal organ of the Organization. It shall consider any questions, matters or issues within the scope of this Treaty, including those relating to the powers and functions of the Executive Council and the Technical Secretariat, in accordance with this Treaty. It may make recommendations and take decisions on any questions, matters or issues within the scope of this Treaty raised by a State Party or brought to its attention by the Executive Council.
25. The Conference shall oversee the implementation of, and review compliance with, this Treaty and act in order to promote its object and purpose. It shall also oversee the activities of the Executive Council and the Technical Secretariat and may issue guidelines to either of them for the exercise of their functions.
26. The Conference shall:
(a) Consider and adopt the report of the Organization on the implementation of this Treaty and the annual program and budget of the Organization, submitted by the Executive Council, as well as consider other reports;
(b) Decide on the scale of financial contributions to be paid by States Parties in accordance with paragraph 9;
(c) Elect the members of the Executive Council;
(d) Appoint the Director‑General of the Technical Secretariat (hereinafter referred to as “the Director‑General”);
(e) Consider and approve the rules of procedure of the Executive Council submitted by the latter;
(f) Consider and review scientific and technological developments that could affect the operation of this Treaty. In this context, the Conference may direct the Director‑General to establish a Scientific Advisory Board to enable him or her, in the performance of his or her functions, to render specialized advice in areas of science and technology relevant to this Treaty to the Conference, to the Executive Council, or to States Parties. In that case, the Scientific Advisory Board shall be composed of independent experts serving in their individual capacity and appointed, in accordance with terms of reference adopted by the Conference, on the basis of their expertise and experience in the particular scientific fields relevant to the implementation of this Treaty;
(g) Take the necessary measures to ensure compliance with this Treaty and to redress and remedy any situation that contravenes the provisions of this Treaty, in accordance with Article V;
(h) Consider and approve at its initial session any draft agreements, arrangements, provisions, procedures, operational manuals, guidelines and any other documents developed and recommended by the Preparatory Commission;
(i) Consider and approve agreements or arrangements negotiated by the Technical Secretariat with States Parties, other States and international organizations to be concluded by the Executive Council on behalf of the Organization in accordance with paragraph 38 (h);
(j) Establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this Treaty; and
(k) Update Annex 1 to this Treaty, as appropriate, in accordance with paragraph 23.
C. THE EXECUTIVE COUNCIL
Composition, Procedures and Decision‑making
27. The Executive Council shall consist of 51 members. Each State Party shall have the right, in accordance with the provisions of this Article, to serve on the Executive Council.
28. Taking into account the need for equitable geographical distribution, the Executive Council shall comprise:
(a) Ten States Parties from Africa;
(b) Seven States Parties from Eastern Europe;
(c) Nine States Parties from Latin America and the Caribbean;
(d) Seven States Parties from the Middle East and South Asia;
(e) Ten States Parties from North America and Western Europe; and
(f) Eight States Parties from South‑East Asia, the Pacific and the Far East.
All States in each of the above geographical regions are listed in Annex 1 to this Treaty. Annex 1 to this Treaty shall be updated, as appropriate, by the Conference in accordance with paragraphs 23 and 26 (k). It shall not be subject to amendments or changes under the procedures contained in Article VII.
29. The members of the Executive Council shall be elected by the Conference. In this connection, each geographical region shall designate States Parties from that region for election as members of the Executive Council as follows:
(a) At least one‑third of the seats allocated to each geographical region shall be filled, taking into account political and security interests, by States Parties in that region designated on the basis of the nuclear capabilities relevant to the Treaty as determined by international data as well as all or any of the following indicative criteria in the order of priority determined by each region:
(i) Number of monitoring facilities of the International Monitoring System;
(ii) Expertise and experience in monitoring technology; and
(iii) Contribution to the annual budget of the Organization;
(b) One of the seats allocated to each geographical region shall be filled on a rotational basis by the State Party that is first in the English alphabetical order among the States Parties in that region that have not served as members of the Executive Council for the longest period of time since becoming States Parties or since their last term, whichever is shorter. A State Party designated on this basis may decide to forgo its seat. In that case, such a State Party shall submit a letter of renunciation to the Director‑General, and the seat shall be filled by the State Party following next‑in‑order according to this sub‑paragraph; and
(c) The remaining seats allocated to each geographical region shall be filled by States Parties designated from among all the States Parties in that region by rotation or elections.
30. Each member of the Executive Council shall have one representative on the Executive Council, who may be accompanied by alternates and advisers.
31. Each member of the Executive Council shall hold office from the end of the session of the Conference at which that member is elected until the end of the second regular annual session of the Conference thereafter, except that for the first election of the Executive Council, 26 members shall be elected to hold office until the end of the third regular annual session of the Conference, due regard being paid to the established numerical proportions as described in paragraph 28.
32. The Executive Council shall elaborate its rules of procedure and submit them to the Conference for approval.
33. The Executive Council shall elect its Chairman from among its members.
34. The Executive Council shall meet for regular sessions. Between regular sessions it shall meet as may be required for the fulfilment of its powers and functions.
35. Each member of the Executive Council shall have one vote.
36. The Executive Council shall take decisions on matters of procedure by a majority of all its members. The Executive Council shall take decisions on matters of substance by a two‑thirds majority of all its members unless specified otherwise in this Treaty. 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.
Powers and Functions
37. The Executive Council 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.
38. The Executive Council shall:
(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 program 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.
39. The Executive Council may request a special session of the Conference.
40. The Executive Council shall:
(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.
41. The Executive Council 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 Executive Council 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) Bring 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.
D. THE TECHNICAL SECRETARIAT
42. The Technical Secretariat shall assist States Parties in the implementation of this Treaty. The Technical Secretariat shall assist the Conference and the Executive Council 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 Executive Council in accordance with this Treaty. The Technical Secretariat shall include, as an integral part, the International Data Centre.
43. 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 International Monitoring System;
(b) Operating the International Data Centre;
(c) Routinely receiving, processing, analysing and reporting on International Monitoring System data;
(d) Providing technical assistance in, and support for, the installation and operation of monitoring stations;
(e) Assisting the Executive Council 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 Executive Council;
(g) Negotiating agreements or arrangements with States Parties, other States and international organizations and concluding, subject to prior approval by the Executive Council, any such agreements or arrangements relating to verification activities with States Parties or other States; and
(h) Assisting the States Parties through their National Authorities on other issues of verification under this Treaty.
44. The Technical Secretariat shall develop and maintain, subject to approval by the Executive Council, 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 Executive Council. The Technical Secretariat shall promptly inform the States Parties of any changes in the operational manuals.
45. The functions of the Technical Secretariat with respect to administrative matters shall include:
(a) Preparing and submitting to the Executive Council the draft program and budget of the Organization;
(b) Preparing and submitting to the Executive Council the draft report of the Organization on the implementation of this Treaty and such other reports as the Conference or the Executive Council may request;
(c) Providing administrative and technical support to the Conference, the Executive Council 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.
46. All requests and notifications by States Parties to the Organization shall be transmitted through their National Authorities 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.
47. With respect to the responsibilities of the Technical Secretariat for preparing and submitting to the Executive Council the draft program 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 International Monitoring System. Similar treatment in the draft program and budget shall be accorded to all other activities of the Organization.
48. The Technical Secretariat shall promptly inform the Executive Council of any 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.
49. 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 the Executive Council for a 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.
50. The Director‑General shall be responsible to the Conference and the Executive Council for the appointment of the staff and for the organization and functioning of the Technical Secretariat. The paramount 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 and integrity. Only citizens of States Parties shall serve as the Director‑General, as inspectors or as members of the professional and clerical staff. Due 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.
51. The Director‑General may, as appropriate, after consultation with the Executive Council, establish temporary working groups of scientific experts to provide recommendations on specific issues.
52. 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.
53. 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
54. The Organization 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.
55. Delegates of States Parties, together with their alternates and advisers, representatives of members elected to the Executive Council, 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.
56. 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).
57. 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.
NATIONAL IMPLEMENTATION MEASURES
1. 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.
2. 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.
3. Each State Party shall inform the Organization of the measures taken pursuant to this Article.
4. 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. The National Authority shall serve as the national focal point for liaison with the Organization and with other States Parties.
VERIFICATION
A. GENERAL PROVISIONS
1. In order to verify compliance with this Treaty, a verification regime shall be established consisting of the following elements:
(a) An International Monitoring System;
(b) Consultation and clarification;
(c) On‑site inspections; and
(d) Confidence‑building measures.
At entry into force of this Treaty, the verification regime shall be capable of meeting the verification requirements of this Treaty.
2. 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 manner possible consistent with the effective and timely accomplishment of their objectives. Each State Party shall refrain from any abuse of the right of verification.
3. 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 International Monitoring System;
(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.
4. 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.
5. For the purposes of this Treaty, no State Party shall be precluded from using information obtained by national technical means of verification in a manner consistent with generally recognized principles of international law, including that of respect for the sovereignty of States.
6. 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.
7. 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.
8. 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.
9. 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.
10. The provisions of this Treaty shall not be interpreted as restricting the international exchange of data for scientific purposes.
11. 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.
12. 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.
13. The provisions of this Treaty shall be implemented in a manner 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
14. 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 International Data Centre, 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 International Monitoring System;
(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 International Monitoring System and its component elements, and of the International Data Centre, in accordance with the relevant operational manuals;
(d) Routinely process, analyse and report on International Monitoring System 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 International Monitoring System 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 International Monitoring System;
(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 International Data Centre 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 International Monitoring System and of the International Data Centre.
15. 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.
B. THE INTERNATIONAL MONITORING SYSTEM
16. 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 the International Data Centre of the Technical Secretariat.
17. The International Monitoring System shall be placed under the authority of the Technical Secretariat. All monitoring facilities of the International Monitoring System shall be owned and operated by the States hosting or otherwise taking responsibility for them in accordance with the Protocol.
18. 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 International Data Centre. Each State Party shall cooperate with the International Data Centre through its National Authority.
Funding the International Monitoring System
19. For facilities incorporated into the International Monitoring System and specified in Tables 1‑A, 2‑A, 3 and 4 of Annex 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 International Data Centre 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 International Monitoring System facilities, including facility physical security if appropriate, and application of agreed data authentication procedures;
(c) Transmitting International Monitoring System data (raw or processed) to the International Data Centre 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.
20. For auxiliary network seismic stations specified in Table 1‑B of Annex l 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 International Data Centre;
(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) Any other costs related to the provision of data required by the Organization as specified in the relevant operational manuals.
21. The Organization shall also meet the cost of provision to each State Party of its requested selection from the standard range of International Data Centre 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.
22. The agreements or, if appropriate, arrangements concluded with States Parties or States hosting or otherwise taking responsibility for facilities of the International Monitoring System 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 percent 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 Executive Council. The agreements or arrangements referred to in this paragraph shall be approved in accordance with Article II, paragraphs 26 (h) and 38 (i).
Changes to the International Monitoring System
23. Any measures referred to in paragraph 11 affecting the International Monitoring System 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.
24. The following changes to the International Monitoring System, 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 Annex 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).
If the Executive Council 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.
25. The Director‑General, in submitting to the Executive Council and States 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.
Temporary Arrangements
26. In cases of significant or irretrievable breakdown of a monitoring facility specified in the Tables of Annex 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 Executive Council, initiate temporary arrangements of no more than one year’s duration, renewable if necessary by agreement of the Executive Council and of the States directly affected for another year. Such arrangements shall not cause the number of operational facilities of the International Monitoring System 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.
Cooperating National Facilities
27. States Parties may also separately establish cooperative arrangements with the Organization, in order to make available to the International Data Centre supplementary data from national monitoring stations that are not formally part of the International Monitoring System.
28. 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 International Monitoring System facility, and make arrangements for the authentication of its data. Subject to the agreement of the Executive Council, 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) The International Data Centre 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 International Data Centre may request further or expedited reporting, or clarifications, shall be elaborated in the operational manual for the respective monitoring network.
C. CONSULTATION AND CLARIFICATION
29. 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.
30. 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 Executive Council and the Director‑General informed of the request and the response.
31. 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 the Executive Council of the request and of the information provided in response, if so requested by the requesting State Party.
32. A State Party shall have the right to request the Executive Council 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) The Executive Council 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 Executive Council as soon as possible, but in any case no later than 48 hours after receipt of the request;
(c) The Executive Council 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 Executive Council to obtain further clarification from the requested State Party.
The Executive Council 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.
33. 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 Executive Council in which States Parties involved that are not members of the Executive Council shall be entitled to take part. At such a meeting, the Executive Council shall consider the matter and may recommend any measure in accordance with Article V.
D. ON‑SITE INSPECTIONS
Request for an On‑Site Inspection
34. 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.
35. 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 gather any facts which might assist in identifying any possible violator.
36. 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.
37. The on‑site inspection request shall be based on information collected by the International Monitoring System, on any relevant technical information obtained by national technical means of verification in a manner 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.
38. The requesting State Party shall present the on‑site inspection request to the Executive Council 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
39. The Executive Council shall begin its consideration immediately upon receipt of the on‑site inspection request.
40. 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 Executive Council and to all other States Parties within 24 hours.
41. When the on‑site inspection request fulfils the requirements, the Technical Secretariat shall begin preparations for the on‑site inspection without delay.
42. 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.
43. 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.
44. The Director‑General, before the Executive Council takes a decision on the on‑site inspection request, shall transmit immediately to the Executive Council any additional information available from the International Monitoring System 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 Executive Council.
45. Unless the requesting State Party considers the concern raised in the on‑site inspection request to be resolved and withdraws the request, the Executive Council shall take a decision on the request in accordance with paragraph 46.
Executive Council Decisions
46. The Executive Council 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 Executive Council. If the Executive Council does not approve the inspection, preparations shall be stopped and no further action on the request shall be taken.
47. 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 Executive Council, through the Director‑General, a progress inspection report. The continuation of the inspection shall be considered approved unless the Executive Council, 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 Executive Council 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.
48. In the course of the on‑site inspection, the inspection team may submit to the Executive Council, through the Director‑General, a proposal to conduct drilling. The Executive Council 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 Executive Council.
49. The inspection team may request the Executive Council, 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. The Executive Council 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 Executive Council.
50. Any time following the approval of the continuation of the on‑site inspection in accordance with paragraph 47, the inspection team may submit to the Executive Council, through the Director‑General, a recommendation to terminate the inspection. Such a recommendation shall be considered approved unless the Executive Council, 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.
51. The requesting State Party and the State Party sought to be inspected may participate in the deliberations of the Executive Council on the 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 Executive Council related to the inspection.
52. The Director‑General shall notify all States Parties within 24 hours about any decision by and reports, proposals, requests and recommendations to the Executive Council pursuant to paragraphs 46 to 50.
Follow‑up After Executive Council Approval of an On‑Site Inspection
53. An on‑site inspection approved by the Executive Council 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 the Executive Council of the on‑site inspection request from the requesting State Party.
54. 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.
55. 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
56. 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.
57. 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.
58. The on‑site inspection shall be conducted in the least intrusive manner 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.
59. The inspected State Party shall assist the inspection team throughout the on‑site inspection and facilitate its task.
60. 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.
Observer
61. With regard to an observer, 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 observer to the Director‑General within 12 hours after approval of the on‑site inspection by the Executive Council;
(c) In case of acceptance, the inspected State Party shall grant access to the observer in accordance with the Protocol;
(d) The inspected State Party shall, as a rule, accept the proposed observer, 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 observers from an aggregate of requesting States Parties.
Reports of an On‑Site Inspection
62. 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) Any other details relevant to the purpose of the inspection.
Differing observations made by inspectors may be attached to the report.
63. 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.
64. The Director‑General shall promptly transmit the inspection report to the requesting State Party, the inspected State Party, the Executive Council and to all other States Parties. The Director‑General shall further transmit promptly to the Executive Council 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 International Monitoring System, 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 Executive Council within the time‑frame specified in that paragraph.
65. The Executive Council, 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.
66. If the Executive Council reaches the conclusion, in keeping 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
67. If the Executive Council 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 Executive Council 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 Executive Council; and
(c) Suspending the right of the requesting State Party to serve on the Executive Council for a period of time.
E. CONFIDENCE‑BUILDING MEASURES
68. 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 International Monitoring System,
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
1. The Conference, taking into account, inter alia, the recommendations of the Executive Council, 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.
2. In cases where a State Party has been requested by the Conference or the Executive Council 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.
3. 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.
4. The Conference, or alternatively, if the case is urgent, the Executive Council, may bring the issue, including relevant information and conclusions, to the attention of the United Nations.
SETTLEMENT OF DISPUTES
1. 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.
2. 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 Justice in conformity with the Statute of the Court. The parties involved shall keep the Executive Council informed of actions being taken.
3. The Executive Council 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.
4. The Conference shall consider questions related to disputes raised by States Parties or brought to its attention by the Executive Council. 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).
5. The Conference and the Executive Council are separately empowered, subject to authorization from the General Assembly of the United Nations, to request the International Court of Justice 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).
6. This Article is without prejudice to Articles IV and V.
AMENDMENTS
1. At any time after the entry into force of this Treaty, any State Party may propose amendments to this Treaty, the Protocol, or the Annexes to the Protocol. Any State Party may also propose changes, in accordance with paragraph 7, to the Protocol or the Annexes thereto. Proposals for amendments shall be subject to the procedures in paragraphs 2 to 6. Proposals for changes, in accordance with paragraph 7, shall be subject to the procedures in paragraph 8.
2. The proposed amendment shall be considered and adopted only by an Amendment Conference.
3. Any proposal for an amendment shall be communicated to the Director‑General, who shall circulate it to all States Parties and the Depositary and seek the views of the States Parties on whether an Amendment Conference should be convened to consider the proposal. If a majority of the States Parties notify the Director‑General no later than 30 days after its circulation that they support further consideration of the proposal, the Director‑General shall convene an Amendment Conference to which all States Parties shall be invited.
4. The Amendment Conference shall be held immediately following a regular session of the Conference unless all States Parties that support the convening of an Amendment Conference request that it be held earlier. In no case shall an Amendment Conference be held less than 60 days after the circulation of the proposed amendment.
5. Amendments shall be adopted by the Amendment Conference by a positive vote of a majority of the States Parties with no State Party casting a negative vote.
6. Amendments shall enter into force for all States Parties 30 days after deposit of the instruments of ratification or acceptance by all those States Parties casting a positive vote at the Amendment Conference.
7. In order to ensure the viability and effectiveness of this Treaty, Parts I and III of the Protocol and Annexes 1 and 2 to the Protocol shall be subject to changes in accordance with paragraph 8, if the proposed changes are related only to matters of an administrative or technical nature. All other provisions of the Protocol and the Annexes thereto shall not be subject to changes in accordance with paragraph 8.
8. Proposed changes referred to in paragraph 7 shall be made in accordance with the following procedures:
(a) The text of the proposed changes shall be transmitted together with the necessary information to the Director‑General. Additional information for the evaluation of the proposal may be provided by any State Party and the Director‑General. The Director‑General shall promptly communicate any such proposals and information to all States Parties, the Executive Council and the Depositary;
(b) No later than 60 days after its receipt, the Director‑General shall evaluate the proposal to determine all its possible consequences for the provisions of this Treaty and its implementation and shall communicate any such information to all States Parties and the Executive Council;
(c) The Executive Council shall examine the proposal in the light of all information available to it, including whether the proposal fulfils the requirements of paragraph 7. No later than 90 days after its receipt, the Executive Council shall notify its recommendation, with appropriate explanations, to all States Parties for consideration. States Parties shall acknowledge receipt within 10 days;
(d) If the Executive Council recommends to all States Parties that the proposal be adopted, it shall be considered approved if no State Party objects to it within 90 days after receipt of the recommendation. If the Executive Council recommends that the proposal be rejected, it shall be considered rejected if no State Party objects to the rejection within 90 days after receipt of the recommendation;
(e) If a recommendation of the Executive Council does not meet with the acceptance required under sub‑paragraph (d), a decision on the proposal, including whether it fulfils the requirements of paragraph 7, shall be taken as a matter of substance by the Conference at its next session;
(f) The Director‑General shall notify all States Parties and the Depositary of any decision under this paragraph;
(g) Changes approved under this procedure shall enter into force for all States Parties 180 days after the date of notification by the Director‑General of their approval unless another time period is recommended by the Executive Council or decided by the Conference.
REVIEW OF THE TREATY
1. Unless otherwise decided by a majority of the States Parties, ten years after the entry into force of this Treaty a Conference of the States Parties shall be held to review the operation and effectiveness of this Treaty, with a view to assuring itself that the objectives and purposes in the Preamble and the provisions of the Treaty are being realized. Such review shall take into account any new scientific and technological developments relevant to this Treaty. On the basis of a request by any State Party, the Review Conference shall consider the possibility of permitting the conduct of underground nuclear explosions for peaceful purposes. If the Review Conference decides by consensus that such nuclear explosions may be permitted, it shall commence work without delay, with a view to recommending to States Parties an appropriate amendment to this Treaty that shall preclude any military benefits of such nuclear explosions. Any such proposed amendment shall be communicated to the Director‑General by any State Party and shall be dealt with in accordance with the provisions of Article VII.
2. At intervals of ten years thereafter, further Review Conferences may be convened with the same objective, if the Conference so decides as a matter of procedure in the preceding year. Such Conferences may be convened after an interval of less than ten years if so decided by the Conference as a matter of substance.
3. Normally, any Review Conference shall be held immediately following the regular annual session of the Conference provided for in Article II.
DURATION AND WITHDRAWAL
1. This Treaty shall be of unlimited duration.
2. Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Treaty if it decides that extraordinary events related to the subject matter of this Treaty have jeopardized its supreme interests.
3. Withdrawal shall be effected by giving notice six months in advance to all other States Parties, the Executive Council, the Depositary and the United Nations Security Council. Notice of withdrawal shall include a statement of the extraordinary event or events which a State Party regards as jeopardizing its supreme interests.
The Annexes to this Treaty, the Protocol, and the Annexes to the Protocol form an integral part of the Treaty. Any reference to this Treaty includes the Annexes to this Treaty, the Protocol and the Annexes to the Protocol.
This Treaty shall be open to all States for signature before its entry into force.
This Treaty shall be subject to ratification by States Signatories according to their respective constitutional processes.
ACCESSION
Any State which does not sign this Treaty before its entry into force may accede to it at any time thereafter.
ENTRY INTO FORCE
1. This Treaty shall enter into force 180 days after the date of deposit of the instruments of ratification by all States listed in Annex 2 to this Treaty, but in no case earlier than two years after its opening for signature.
2. If this Treaty has not entered into force three years after the date of the anniversary of its opening for signature, the Depositary shall convene a Conference of the States that have already deposited their instruments of ratification upon the request of a majority of those States. That Conference shall examine the extent to which the requirement set out in paragraph 1 has been met and shall consider and decide by consensus what measures consistent with international law may be undertaken to accelerate the ratification process in order to facilitate the early entry into force of this Treaty.
3. Unless otherwise decided by the Conference referred to in paragraph 2 or other such conferences, this process shall be repeated at subsequent anniversaries of the opening for signature of this Treaty, until its entry into force.
4. All States Signatories shall be invited to attend the Conference referred to in paragraph 2 and any subsequent conferences as referred to in paragraph 3, as observers.
5. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the 30th day following the date of deposit of their instruments of ratification or accession.
RESERVATIONS
The Articles of and the Annexes to this Treaty shall not be subject to reservations. The provisions of the Protocol to this Treaty and the Annexes to the Protocol shall not be subject to reservations incompatible with the object and purpose of this Treaty.
1. The Secretary‑General of the United Nations shall be the Depositary of this Treaty and shall receive signatures, instruments of ratification and instruments of accession.
2. The Depositary shall promptly inform all States Signatories and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of the entry into force of this Treaty and of any amendments and changes thereto, and the receipt of other notices.
3. The Depositary shall send duly certified copies of this Treaty to the Governments of the States Signatories and acceding States.
4. This Treaty shall be registered by the Depositary pursuant to Article 102 of the Charter of the United Nations.
This Treaty, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary‑General of the United Nations.
[Signatures not reproduced here.]
LIST OF STATES PURSUANT TO ARTICLE II, PARAGRAPH 28
Africa
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea‑Bissau, Kenya, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome & Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Swaziland, Togo, Tunisia, Uganda, United Republic of Tanzania, Zaire, Zambia, Zimbabwe.
Eastern Europe
Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia, Georgia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Russian Federation, Slovakia, Slovenia, The former Yugoslav Republic of Macedonia, Ukraine, Yugoslavia.
Latin America and the Caribbean
Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay, Venezuela.
Middle East and South Asia
Afghanistan, Bahrain, Bangladesh, Bhutan, India, Iran (Islamic Republic of), Iraq, Israel, Jordan, Kazakstan, Kuwait, Kyrgyzstan, Lebanon, Maldives, Oman, Nepal, Pakistan, Qatar, Saudi Arabia, Sri Lanka, Syrian Arab Republic, Tajikistan, Turkmenistan, United Arab Emirates, Uzbekistan, Yemen.
North America and Western Europe
Andorra, Austria, Belgium, Canada, Cyprus, Denmark, Finland, France, Germany, Greece, Holy See, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America.
South East Asia, the Pacific and the Far East
Australia, Brunei Darussalam, Cambodia, China, Cook Islands, Democratic People’s Republic of Korea, Fiji, Indonesia, Japan, Kiribati, Lao People’s Democratic Republic, Malaysia, Marshall Islands, Micronesia (Federated States of), Mongolia, Myanmar, Nauru, New Zealand, Niue, Palau, Papua New Guinea, Philippines, Republic of Korea, Samoa, Singapore, Solomon Islands, Thailand, Tonga, Tuvalu, Vanuatu, Vietnam.
ANNEX 2 TO THE TREATY
LIST OF STATES PURSUANT TO ARTICLE XIV
List of States members of the Conference on Disarmament as at 18 June 1996 which formally participated in the work of the 1996 session of the Conference and which appear in Table 1 of the International Atomic Energy Agency’s April 1996 edition of “Nuclear Power Reactors in the World”, and of States members of the Conference on Disarmament as at 18 June 1996 which formally participated in the work of the 1996 session of the Conference and which appear in Table 1 of the International Atomic Energy Agency’s December 1995 edition of “Nuclear Research Reactors in the World”:
Algeria, Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Bulgaria, Canada, Chile, China, Colombia, Democratic People’s Republic of Korea, Egypt, Finland, France, Germany, Hungary, India, Indonesia, Iran (Islamic Republic of), Israel, Italy, Japan, Mexico, Netherlands, Norway, Pakistan, Peru, Poland, Romania, Republic of Korea, Russian Federation, Slovakia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Vietnam, Zaire.
PROTOCOL TO THE COMPREHENSIVE NUCLEAR
TEST‑BAN TREATY
PART I
THE INTERNATIONAL MONITORING SYSTEM AND INTERNATIONAL DATA CENTRE FUNCTIONS
A. GENERAL PROVISIONS
1. The International Monitoring System shall comprise monitoring facilities as set out in Article IV, paragraph 16, and respective means of communication.
2. The monitoring facilities incorporated into the International Monitoring System shall consist of those facilities specified in Annex 1 to this Protocol. The International Monitoring System shall fulfil the technical and operational requirements specified in the relevant operational manuals.
3. The Organization, in accordance with Article II, shall, in cooperation and consultation with the States Parties, with other States, and with international organizations as appropriate, establish and co‑ordinate the operation and maintenance, and any future agreed modification or development of the International Monitoring System.
4. In accordance with appropriate agreements or arrangements and procedures, a State Party or other State hosting or otherwise taking responsibility for International Monitoring System facilities and the Technical Secretariat shall agree and cooperate in establishing, operating, upgrading, financing, and maintaining monitoring facilities, related certified laboratories and respective means of communication within areas under. its jurisdiction or control or elsewhere in conformity with international law. Such cooperation shall be in accordance with the security and authentication requirements and technical specifications contained in the relevant operational manuals. Such a State shall give the Technical Secretariat authority to access a monitoring facility for checking equipment and communication links, and shall agree to make the necessary changes in the equipment and the operational procedures to meet agreed requirements. The Technical Secretariat shall provide to such States appropriate technical assistance as is deemed by the Executive Council to be required for the proper functioning of the facility as part of the International Monitoring System.
5. Modalities for such cooperation between the Organization and States Parties or States hosting or otherwise taking responsibility for facilities of the International Monitoring System shall be set out in agreements or arrangements as appropriate in each case.
B. SEISMOLOGICAL MONITORING
6. Each State Party undertakes to cooperate in an international exchange of seismological data to assist in the verification of compliance with this Treaty. This cooperation shall include the establishment and operation of a global network of primary and auxiliary seigmological monitoring stations. These stations shall provide data in accordance with agreed procedures to the International Data Centre.
7. The network of primary stations shall consist of the 50 stations specified in Table 1‑A of Annex 1 to this Protocol. These stations shall fulfil the technical and operational requirements specified in the Operational Manual for Seismological Monitoring and the International Exchange of Seismological Data. Uninterrupted data from the primary stations shall be transmitted, directly or through a national data centre, on‑line to the International Data Centre.
8. To supplement the primary network, an auxiliary network of 120 stations shall provide information, directly or through a national date centre, to the International Data Centre upon request. The auxiliary stations to be used are listed in Table 1‑B of Annex 1 to this Protocol. The auxiliary stations shall fulfil the technical and operational requirements specified in the Operational Manual for Seismological Monitoring and the International Exchange of Seismological Data. Data from the auxiliary stations may at any time be requested by the International Data Centre and shall be immediately available through on‑line computer connections.
C. RADIONUCLIDE MONITORING
9. Each State Party undertakes to cooperate in an international exchange of data on radionuclides in the atmosphere to assist in the verification of compliance with this Treaty. This cooperation shall include the establishment and operation of a global network of radionuclide monitoring stations and certified laboratories. The network shall provide data in accordance with agreed procedures to the International Data Centre.
10. The network of stations to measure radionuclides in the atmosphere shall comprise an overall network of 80 stations, as specified in Table 2‑A of Annex 1 to this Protocol. All stations shall be capable of monitoring for the presence of relevant particulate matter in the atmosphere. Forty of these stations shall also be capable of monitoring for the presence of relevant noble gases upon the entry into force of this Treaty. For this purpose the Conference, at its initial session, shall approve a recommendation by the Preparatory Commission as to which 40 stations from Table 2‑A of Annex 1 to this Protocol shall be capable of noble gas monitoring. At its first regular annual session, the Conference shall consider and decide on a plan for implementing noble gas monitoring capability throughout the network. The Director‑General shall prepare a report to the Conference on the modalities for such implementation. All monitoring stations shall fulfil the technical and operational requirements specified in the Operational Manual for Radionuclide Monitoring and the International Exchange of Radionuclide Data.
11. The network of radionuclide monitoring stations shall be supported by laboratories, which shall be certified by the Technical Secretariat in accordance with the relevant operational manual for the performance, on contract to the Organization and on a fee‑for‑service basis, of the analysis of samples from radionuclide monitoring stations. Laboratories specified in Table 2‑B of Annex 1 to this Protocol, and appropriately equipped, shall, as required, also be drawn upon by the Technical Secretariat to perform additional analysis of samples from radionuclide monitoring stations. With the agreement of the Executive Council, further laboratories may be certified by the Technical Secretariat to perform the routine analysis of samples from manual monitoring stations where necessary. All certified laboratories shall provide the results of such analysis to the International Data Centre, and in so doing shall fulfil the technical and operational requirements specified in the Operational Manual on Radionuclide Monitoring and the International Exchange of Radionuclide Data.
D. HYDROACOUSTIC MONITORING
12. Each State Party undertakes to cooperate in an international exchange of hydroacoustic data to assist in the verification of compliance with this Treaty. This cooperation shall include the establishment and operation of a global network of hydroacoustic monitoring stations. These stations shall provide data in accordance with agreed procedures to the International Data Centre.
13. The network of hydroacoustic stations shall consist of the stations specified in Table 3 of Annex 1 to this Protocol, and shall comprise an overall network of six hydrophone and five T‑phase stations. These stations shall fulfil the technical and operational requirements specified in the Operational Manual for Hydroacoustic Monitoring and the International Exchange of Hydroacoustic Data.
E. INFRASOUND MONITORING
14. Each State Party undertakes to cooperate in an international exchange of infrasound data to assist in the verification of compliance with this Treaty. This cooperation shall include the establishment and operation of a global network of infrasound monitoring stations. These stations shall provide data in accordance with agreed procedures to the International Data Centre.
15. The network of infrasound stations shall consist of the stations specified in Table 4 of Annex 1 to this Protocol, and shall comprise an overall network of 60 stations. These stations shall fulfil the technical and operational requirements specified in the Operational Manual for Infrasound Monitoring and the International Exchange of Infrasound Data.
F. INTERNATIONAL DATA CENTRE FUNCTIONS
16. The International Data Centre shall receive, collect, process, analyse, report on and archive data from International Monitoring System facilities, including the results of analysis conducted at certified laboratories.
17. The procedures and standard event screening criteria to be used by the International Data Centre in carrying out its agreed functions, in particular for the production of standard reporting products and for the performance of a standard range of services for States Parties, shall be elaborated in the Operational Manual for the International Data Centre and shall be progressively developed. The procedures and criteria developed initially by the Preparatory Commission shall be approved by the Conference at its initial session.
International Data Centre Standard Products
18. The International Data Centre shall apply on a routine basis automatic processing methods and interactive human analysis to raw International Monitoring System data in order to produce and archive standard International Data Centre products on behalf of all States Parties. These products shall be provided at no cost to States Parties and shall be without prejudice to final judgements with regard to the nature of any event, which shall remain the responsibility of States Parties, and shall include:
(a) Integrated lists of all signals detected by the International Monitoring System, as well as standard event lists and bulletins, including the values and associated uncertainties calculated for each event located by the International Data Centre, based on a set of standard parameters;
(b) Standard screened event bulletins that result from the application to each event by the International Data Centre of standard event screening criteria, making use of the characterisation parameters specified in Annex 2 to this Protocol, with the objective of characterising, highlighting in the standard event bulletin, and thereby screening out, events considered to be consistent with natural phenomena or non‑nuclear, man‑made phenomena. The standard event bulletin shall indicate numerically for each event the degree to which that event meets or does not meet the event screening criteria. In applying standard event screening, the International Data Centre shall use both global and supplementary screening criteria to take account of regional variations where applicable. The International Data Centre shall progressively enhance its technical capabilities as experience is gained in the operation of the International Monitoring System;
(c) Executive summaries, which summarise the data acquired and archived by the International Data Centre, the products of the International Data Centre, and the performance and operational status of the International Monitoring System and International Data Centre; and
(d) Extracts or subsets of the standard International Data Centre products specified in sub‑paragraphs (a) to (c), selected according to the request of an individual State Party.
19. The International Data Centre shall carry out, at no cost to States Parties, special studies to provide in‑depth, technical review by expert analysis of data from the International Monitoring System, if requested by the Organization or by a State Party, to improve the estimated values for the standard signal and event parameters.
International Data Centre Services to States Parties
20. The International Data Centre shall provide States Parties with open, equal, timely and convenient access to all International Monitoring System data, raw or processed, all International Data Centre products, and all other International Monitoring System data in the archive of the International Data Centre or, through the International Data Centre, of International Monitoring System facilities. The methods for supporting data access and the provision of data shall include the following services:
(a) Automatic and regular forwarding to a State Party of the products of the International Data Centre or the selection by the State Party thereof, and, as requested, the selection by the State Party of International Monitoring System data;
(b) The provision of the data or products generated in response to ad hoc requests by States Parties for the retrieval from the International Data Centre and International Monitoring System facility archives of data and products, including interactive electronic access to the International Data Centre data base; and
(c) Assisting individual States Parties, at their request and at no cost for reasonable efforts, with expert technical analysis of International Monitoring System data and other relevant data provided by the requesting State Party, in order to help the State Party concerned to identify the source of specific events. The output of any such technical analysis shall be considered a product of the requesting State Party, but shall be available to all States Parties.
The International Data Centre services specified in sub‑paragraphs (a) and (b) shall be made available at no cost to each State Party. The volumes and formats of data shall be set out in the Operational Manual for the International Data Centre.
National Event Screening
21. The International Data Centre shall, if requested by a State Party, apply to any of its standard products, on a regular and automatic basis, national event screening criteria established by that State Party, and provide the results of such analysis to that State Party. This service shall be undertaken at no cost to the requesting State Party. The output of such national event screening processes shall be considered a product of the requesting State Party.
Technical Assistance
22. The International Data Centre shall, where required, provide technical assistance to individual States Parties:
(a) In formulating their requirements for selection and screening of data and products;
(b) By installing at the International Data Centre, at no cost to a requesting State Party for reasonable efforts, computer algorithms or software provided by that State Party to compute new signal and event parameters that are not included in the Operational Manual for the International Data Centre, the output being considered products of the requesting State Party; and
(c) By assisting States Parties to develop the capability to receive, process and analyse International Monitoring System data at a national data centre.
23. The International Data Centre shall continuously monitor and report on the operational status of the International Monitoring System facilities, of communications links, and of its own processing systems. It shall provide immediate notification to those responsible should the operational performance of any component fail to meet agreed levels set out in the relevant operational manual.
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 any 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 co‑ordinates 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 IV, 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 tine 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 make available to the inspection team for use in the inspection area.
44. The inspected State Party shall acknowledge receipt of the notification by the Director‑General no later than 12 hours after having received the notification.
D. PRE‑INSPECTION ACTIVITIES
Entry Into the Territory of The Inspected State Party,
Activities at the Point of Entry and
Transfer to the Inspection Area
45. The inspected State Party that has been notified of the arrival of the inspection team shall ensure the immediate entry of the inspection team into its territory.
46. When a non‑scheduled aircraft is used for travel to the point of entry, the Technical Secretariat shall provide the inspected State Party with a flight plan, through the National Authority, for the flight of the aircraft from the last airfield prior to entering the airspace of that State Party to the point of entry, no less than six hours before the scheduled departure time from that airfield. Such a plan shall be filed in accordance with the procedures of the International Civil Aviation Organization applicable to civil aircraft. The Technical Secretariat shall include in the remarks section of the flight plan the standing diplomatic clearance number and the appropriate notation identifying the aircraft as an inspection aircraft. If a military aircraft is used, the Technical Secretariat shall request prior authorization from the inspected State Party to enter its airspace.
47. No less than three hours before the scheduled departure of the inspection team from the last airfield prior to entering the airspace of the inspected State Party, the inspected State Party shall ensure that the flight plan filed in accordance with paragraph 46 is approved, so that the inspection team may arrive at the point of entry by the estimated arrival time.
48. Where necessary, the head of the inspection team and the representative of the inspected State Party shall agree on a basing point and a flight plan from the point of entry to the basing point and, if necessary, to the inspection area.
49. The inspected State Party shall provide for or arrange parking, security protection, servicing and fuel as required by the Technical Secretariat for the aircraft of the inspection team at the point of entry and, where necessary, at the basing point and at the inspection area. Such aircraft shall not be liable for landing fees, departure tax, and similar charges. This paragraph shall also apply to aircraft used for overflight during the on‑site inspection.
50. Subject to paragraph 51, there shall be no restriction by the inspected State Party on the inspection team bringing approved equipment that is in conformity with the inspection mandate into the territory of that State Party, or on its use in accordance with the provisions of the Treaty and this Protocol.
51. The inspected State Party shall have the right, without prejudice to the time‑frame specified in paragraph 54, to check in the presence of inspection team members at the point of entry that the equipment has been approved and certified in accordance with paragraph 38. The inspected State Party may exclude equipment that is not in conformity with the inspection mandate or that has not been approved and certified in accordance with paragraph 38.
52. Immediately upon arrival at the point of entry and without prejudice to the time‑frame specified in paragraph 54, the head of the inspection team shall present to the representative of the inspected State Party the inspection mandate and an initial inspection plan prepared by the inspection team specifying the activities to be carried out by it. The inspection team shall be briefed by representatives of the inspected State Party with the aid of maps and other documentation as appropriate. The briefing shall include relevant natural terrain features, safety and confidentiality issues, and logistical arrangements for the inspection. The inspected State Party may indicate locations within the inspection area that, in its view, are not related to the purpose of the inspection.
53. After the pre‑inspection briefing, the inspection team shall, as appropriate, modify the initial inspection plan, taking into account any comments by the inspected State Party. The modified inspection plan shall be made available to the representative of the inspected State Party.
54. The inspected State Party shall do everything in its power to provide assistance and to ensure the safe conduct of the inspection team, the approved equipment specified in paragraphs 50 and 51 and baggage from the point of entry to the inspection area no later than 36 hours after arrival at the point of entry, if no other timing has been agreed upon within the time‑frame specified in paragraph 57.
55. To confirm that the area to which the inspection team has been transported corresponds to the inspection area specified in the inspection mandate, the inspection team shall have the right to use approved location‑finding equipment. The inspected State Party shall assist the inspection team in this task.
E. CONDUCT OF INSPECTIONS
General Rules
56. The inspection team shall discharge its functions in accordance with the provisions of the Treaty and this Protocol.
57. The inspection team shall begin its inspection activities in the inspection area as soon as possible, but in no case later than 72 hours after arrival at the point of entry.
58. The activities of the inspection team shall be so arranged as to ensure the timely and effective discharge of its functions and the least possible inconvenience to the inspected State Party and disturbance to the inspection area.
59. In cases where the inspected State Party has been requested, pursuant to paragraph 43 (e) or in the course of the inspection, to make available any equipment for use by the inspection team in the inspection area, the inspected State Party shall comply with the request to the extent it can.
60. During the on‑site inspection the inspection team shall have, inter alia:
(a) The right to determine how the inspection will proceed, consistent with the inspection mandate and taking into account any steps taken by the inspected State Party consistent with the provisions on managed access;
(b) The right to modify the inspection plan, as necessary, to ensure the effective execution of the inspection;
(c) The obligation to take into account the recommendations and suggested modifications by the inspected State Party to the inspection plan;
(d) The right to request clarifications in connection with ambiguities that may arise during the inspection;
(e) The obligation to use only those techniques specified in paragraph 69 and to refrain from activities that are not relevant to the purpose of the inspection. The team shall collect and document such facts as are related to the purpose of the inspection, but shall neither seek nor document information that is clearly unrelated thereto. Any material collected and subsequently found not to be relevant shall be returned to the inspected State Party;
(f) The obligation to take into account and include in its report data and explanations on the nature of the event that triggered the request, provided by the inspected State Party from the national monitoring networks of the inspected State Party and from other sources;
(g) The obligation to provide the inspected State Party, at its request, with copies of the information and data collected in the inspection area; and
(h) The obligation to respect the confidentiality and the safety and health regulations of the inspected State Party.
61. During the on‑site inspection the inspected State Party shall have, inter alia:
(a) The right to make recommendations at any time to the inspection team regarding possible modification of the inspection plan;
(b) The right and the obligation to provide a representative to liaise with the inspection team;
(c) The right to have representatives accompany the inspection team during the performance of its duties and observe all inspection activities carried out by the inspection team. This shall not delay or otherwise hinder the inspection team in the exercise of its functions;
(d) The right to provide additional information and to request the collection and documentation of additional facts it believes are relevant to the inspection;
(e) The right to examine all photographic and measurement products as well as samples and to retain any photographs or parts thereof showing sensitive sites not related to the purpose of the inspection. The inspected State Party shall have the right to receive duplicate copies of all photographic and measurement products. The inspected State Party shall have the right to retain photographic originals and first‑generation photographic products and to put photographs or parts thereof under joint seal within its territory. The inspected State Party shall have the right to provide its own camera operator to take still/video photographs as requested by the inspection team. Otherwise, these functions shall be performed by members of the inspection team;
(f) The right to provide the inspection team, from its national monitoring networks and from other sources, with data and explanations on the nature of the event that triggered the request; and
(g) The obligation to provide the inspection team with such clarification as may be necessary to resolve any ambiguities that arise during the inspection.
Communications
62. The members of the inspection team shall have the right at all times during the on‑site inspection to communicate with each other and with the Technical Secretariat. For this purpose they may use their own duly approved and certified equipment with the consent of the inspected State Party, to the extent that the inspected State Party does not provide them with access to other telecommunications.
Observer
63. In accordance with Article IV, paragraph 61, the requesting State Party shall liaise with the Technical Secretariat to co‑ordinate the arrival of the observer at the same point of entry or basing point as the inspection team within a reasonable period of the arrival of the inspection team.
64. The observer shall have the right throughout the inspection to be in communication with the embassy of the requesting State Party located in the inspected State Party or, in the case of absence of an embassy, with the requesting State Party itself.
65. The observer shall have the right to arrive at the inspection area and to have access to and within the inspection area as granted by the inspected State Party.
66. The observer shall have the right to make recommendations to the inspection team throughout the inspection.
67. Throughout the inspection, the inspection team shall keep the observer informed about the conduct of the inspection and the findings.
68. Throughout the inspection, the inspected State Party shall provide or arrange for the amenities necessary for the observer similar to those enjoyed by the inspection team as described in paragraph 11. All costs in connection with the stay of the observer on the territory of the inspected State Party shall be borne by the requesting State Party.
Inspection Activities and Techniques
69. The following inspection activities may be conducted and techniques used, in accordance with the provisions on managed access, on collection, handling and analysis of samples, and on overflights:
(a) Position finding from the air and at the surface to confirm the boundaries of the inspection area and establish co‑ordinates of locations therein, in support of the inspection activities;
(b) Visual observation, video and still photography and multi‑spectral imaging, including infrared measurements, at and below the surface, and from the air, to search for anomalies or artifacts;
(c) Measurement of levels of radioactivity above, at and below the surface, using gamma radiation monitoring and energy resolution analysis from the air, and at or under the surface, to search for and identify radiation anomalies;
(d) Environmental sampling and analysis of solids, liquids and gases from above, at and below the surface to detect anomalies;
(e) Passive seismological monitoring for aftershocks to localize the search area and facilitate determination of the nature of an event;
(f) Resonance seismometry and active seismic surveys to search for and locate underground anomalies, including cavities and rubble zones;
(g) Magnetic and gravitational field mapping, ground penetrating radar and electrical conductivity measurements at the surface and from the air, as appropriate, to detect anomalies or artifacts; and
(h) Drilling to obtain radioactive samples.
70. Up to 25 days after the approval of the on‑site inspection in accordance with Article IV, paragraph 46, the inspection team shall have the right to conduct any of the activities and use any of the techniques listed in paragraph 69 (a) to (e). Following the approval of the continuation of the inspection in accordance with Article IV, paragraph 47, the inspection team shall have the right to conduct any of the activities and use any of the techniques listed in paragraph 69 (a) to (g). The inspection team shall only conduct drilling after the approval of the Executive Council in accordance with Article IV, paragraph 48. If the inspection team requests an extension of the inspection duration in accordance with Article IV, paragraph 49, it shall indicate in its request which of the activities and techniques listed in paragraph 69 it intends to carry out in order to be able to fulfil its mandate.
Overflights
71. The inspection team shall have the right to conduct an overflight over the inspection area during the on‑site inspection for the purposes of providing the inspection team with a general orientation of the inspection area, narrowing down and optimizing the locations for ground‑based inspection and facilitating the collection of factual evidence, using equipment specified in paragraph 79.
72. The overflight shall be conducted as soon as practically possible. The total duration of the overflight over the inspection area shall be no more than 12 hours.
73. Additional overflights using equipment specified in paragraphs 79 and 80 may be conducted subject to the agreement of the inspected State Party.
74. The area to be covered by overflights shall not extend beyond the inspection area.
75. The inspected State Party shall have the right to impose restrictions or, in exceptional cases and with reasonable justification, prohibitions on the overflight of sensitive sites not related to the purpose of the inspection. Restrictions may relate to the flight altitude, the number of passes and circling, the duration of hovering, the type of aircraft, the number of inspectors on board, and the type of measurements or observations. If the inspection team considers that the restrictions or prohibitions on the overflight of sensitive sites may impede the fulfilment of its mandate, the inspected State Party shall make every reasonable effort to provide alternative means of inspection.
76. Overflights shall be conducted according to a flight plan duly filed and approved in accordance with aviation rules and regulations of the inspected State Party. Flight safety regulations of the inspected State Party shall be strictly observed throughout all flying operations.
77. During overflights landing should normally be authorized only for purposes of staging or refuelling.
78. Overflights shall be conducted at altitudes as requested by the inspection team consistent with the activities to be conducted, visibility conditions, as well as the aviation and the safety regulations of the inspected State Party and its right to protect sensitive information not related to the purposes of the inspection. Overflights shall be conducted up to a maximum altitude of 1500 metres above the surface.
79. For the overflight conducted pursuant to paragraphs 71 and 72, the following equipment may be used on board the aircraft:
(a) Field glasses;
(b) Passive location‑finding equipment;
(c) Video cameras; and
(d) Hand‑held still cameras.
80. For any additional overflights conducted pursuant to paragraph 73, inspectors on board the aircraft may also use portable, easily installed equipment for:
(a) Multi‑spectral (including infrared) imagery;
(b) Gamma spectroscopy; and
(c) Magnetic field mapping.
81. Overflights shall be conducted with a relatively slow fixed or rotary wing aircraft. The aircraft shall afford a broad, unobstructed view of the surface below.
82. The inspected State Party shall have the right to provide its own aircraft, pre‑equipped as appropriate in accordance with the technical requirements of the relevant operational manual, and crew. Otherwise, the aircraft shall be provided or rented by the Technical Secretariat.
83. If the aircraft is provided or rented by the Technical Secretariat, the inspected State Party shall have the right to check the aircraft to ensure that it is equipped with approved inspection equipment. Such checking shall be completed within the time‑frame specified in paragraph 57.
84. Personnel on board the aircraft shall consist of:
(a) The minimum number of flight crew consistent with the safe operation of the aircraft;
(b) Up to four members of the inspection team;
(c) Up to two representatives of the inspected State Party;
(d) An observer, if any, subject to the agreement of the inspected State Party; and
(e) An interpreter, if necessary.
85. Procedures for the implementation of overflights shall be detailed in the Operational Manual for On‑Site Inspections.
Managed Access
86. The inspection team shall have the right to access the inspection area in accordance with the provisions of the Treaty and this Protocol.
87. The inspected State Party shall provide access within the inspection area in accordance with the time‑frame specified in paragraph 57.
88. Pursuant to Article IV, paragraph 57 and paragraph 86 above, the rights and obligations of the inspected State Party shall include:
(a) The right to take measures to protect sensitive installations and locations in accordance with this Protocol;
(b) The obligation, when access is restricted within the inspection area, to make every reasonable effort to satisfy the requirements of the inspection mandate through alternative means. Resolving any questions regarding one or more aspects of the inspection shall not delay or interfere with the conduct of the inspection team of other aspects of the inspection; and
(c) The right to make the final decision regarding any access of the inspection team, taking into account its obligations under this Treaty and the provisions on managed access.
89. Pursuant to Article IV, paragraph 57 (b) and paragraph 88 (a) above, the inspected State Party shall have the right throughout the inspection area to take measures to protect sensitive installations and locations and to prevent disclosure of confidential information not related to the purpose of the inspection. Such measures may include, inter alia:
(a) Shrouding of sensitive displays, stores, and equipment;
(b) Restricting measurements of radionuclide activity and nuclear radiation to determining the presence or absence of those types and energies of radiation relevant to the purpose of the inspection;
(c) Restricting the taking of or analysing of samples to determining the presence or absence of radioactive or other products relevant to the purpose of the inspection;
(d) Managing access to buildings and other structures in accordance with paragraphs 90 and 91; and
(e) Declaring restricted‑access sites in accordance with paragraphs 92 to 96.
90. Access to buildings and other structures shall be deferred until after the approval of the continuation of the on‑site inspection in accordance with Article IV, paragraph 47, except for access to buildings and other structures housing the entrance to a mine, other excavations, or caverns of large volume not otherwise accessible. For such buildings and structures, the inspection team shall have the right only of transit, as directed by the inspected State Party, in order to enter such mines, caverns or other excavations.
91. If, following the approval of the continuation of the inspection in accordance with Article IV, paragraph 47, the inspection team demonstrates credibly to the inspected State Party that access to buildings and other structures is necessary to fulfil the inspection mandate and that the necessary activities authorized in the mandate could not be carried out from the outside, the inspection team shall have the right to gain access to such buildings or other structures. The head of the inspection team shall request access to a specific building or structure indicating the purpose of such access, the specific number of inspectors, as well as the intended activities. The modalities for access shall be subject to negotiation between the inspection team and the inspected State Party. The inspected State Party shall have the right to impose restrictions or, in exceptional cases and with reasonable justification, prohibitions, on the access to buildings and other structures.
92. When restricted‑access sites are declared pursuant to paragraph 89 (e), each such site shall be no larger than four square kilometres. The inspected State Party has the right to declare up to 50 square kilometres of restricted access sites. If more than one restricted‑access site is declared, each such site shall be separated from any other such site by a minimum distance of 20 metres. Each restricted‑access site shall have clearly defined and accessible boundaries.
93. The size, location, and boundaries of restricted‑access sites shall be presented to the head of the inspection team no later than the time that the inspection team seeks access to a location that contains all or part of such a site.
94. The inspection team shall have the right to place equipment and take other steps necessary to conduct its inspection up to the boundary of a restricted‑access site.
95. The inspection team shall be permitted to observe visually all open places within the restricted‑access site from the boundary of the site.
96. The inspection team shall make every reasonable effort to fulfil the inspection mandate outside the declared restricted‑access sites prior to requesting access to such sites. If at any time the inspection team demonstrates credibly to the inspected State Party that the necessary activities authorized in the mandate could not be carried out from the outside and that access to a restricted‑access site is necessary to fulfil the mandate, some members of the inspection team shall be granted access to accomplish specific tasks within the site. The inspected State Party shall have the right to shroud or otherwise protect sensitive equipment, objects and materials not related to the purpose of the inspection. The number of inspectors shall be kept to the minimum necessary to complete the tasks related to the inspection. The modalities for such access shall be subject to negotiation between the inspection team and the inspected State Party.
Collection, Handling and Analysis of Samples
97. Subject to paragraphs 86 to 96 and 98 to 100, the inspection team shall have the right to collect and remove relevant samples from the inspection area.
98. Whenever possible, the inspection team shall analyse samples on‑site. Representatives of the inspected State Party shall have the right to be present when samples are analysed on‑site. At the request of the inspection team, the inspected State Party shall, in accordance with agreed procedures, provide assistance for the analysis of samples on‑site. The inspection team shall have the right to transfer samples for off‑site analysis at laboratories designated by the Organization only if it demonstrates that the necessary sample analysis can not be performed on‑site.
99. The inspected State Party shall have the right to retain portions of all samples collected when these samples are analysed and may take duplicate samples.
100. The inspected State Party shall have the right to request that any unused samples or portions thereof be returned.
101. The designated laboratories shall conduct chemical and physical analysis of the samples transferred for off‑site analysis. Details of such analysis shall be elaborated in the Operational Manual for On‑Site Inspections.
102. The Director‑General shall have the primary responsibility for the security, integrity and preservation of samples and for ensuring that the confidentiality of samples transferred for off‑site analysis is protected. The Director‑General shall do so in accordance with procedures contained in the Operational Manual for On‑Site Inspections. The Director‑General shall, in any case:
(a) Establish a stringent regime governing the collection, handling, transport and analysis of samples;
(b) Certify the laboratories designated to perform different types of analysis;
(c) Oversee the standardization of equipment and procedures at these designated laboratories and of mobile analytical equipment and procedures;
(d) Monitor quality control and overall standards in relation to the certification of these laboratories and in relation to mobile equipment and procedures; and
(e) Select from among the designated laboratories those which shall perform analytical or other functions in relation to specific investigations.
103. When off‑site analysis is to be performed, samples shall be analysed in at least two designated laboratories. The Technical Secretariat shall ensure the expeditious processing of the analysis. The samples shall be accounted for by the Technical Secretariat and any unused samples or portions thereof shall be returned to the Technical Secretariat.
104. The Technical Secretariat shall compile the results of the laboratory analysis of samples relevant to the purpose of the inspection. Pursuant to Article IV, paragraph 63, the Director‑General shall transmit any such results promptly to the inspected State Party for comments and thereafter to the Executive Council and to all other States Parties and shall include detailed information concerning the equipment and methodology employed by the designated laboratories.
Conduct of Inspections in Areas beyond the Jurisdiction
or Control of any State
105. In case of an on‑site inspection in an area beyond the jurisdiction or control of any State, the Director‑General shall consult with the appropriate States Parties and agree on any transit or basing points to facilitate a speedy arrival of the inspection team in the inspection area.
106. The States Parties on whose territory transit or basing points are located shall, as far as possible, assist in facilitating the inspection, including transporting the inspection team, its baggage and equipment to the inspection area, as well as providing the relevant amenities specified in paragraph 11. The Organization shall reimburse assisting States Parties for all costs incurred.
107. Subject to the approval of the Executive Council, the Director‑General may negotiate standing arrangements with States Parties to facilitate assistance in the event of an on‑site inspection in an area beyond the jurisdiction or control of any State.
108. In cases where one or more States Parties have conducted an investigation of an ambiguous event in an area beyond the jurisdiction or control of any State before a request is made for an on‑site inspection in that area, any results of such investigation may be taken into account by the Executive Council in its deliberations pursuant to Article IV.
Post‑Inspection Procedures
109. Upon conclusion of the inspection, the inspection team shall meet with the representative of the inspected State Party to review the preliminary findings of the inspection team and to clarify any ambiguities. The inspection team shall provide the representative of the inspected State Party with its preliminary findings in written form according to a standardized format, together with a list of any samples and other material taken from the inspection area pursuant to paragraph 98. The document shall be signed by the head of the inspection team. In order to indicate that he or she has taken notice of the contents of the document, the representative of the inspected State Party shall countersign the document. The meeting shall be completed no later than 24 hours after the conclusion of the inspection.
Departure
110. Upon completion of the post‑inspection procedures, the inspection team and the observer shall leave, as soon as possible, the territory of the inspected State Party. The inspected State Party shall do everything in its power to provide assistance and to ensure the safe conduct of the inspection team, equipment and baggage to the point of exit. Unless agreed otherwise by the inspected State Party and the inspection team, the point of exit used shall be the same as the point of entry.
PART III
CONFIDENCE‑BUILDING MEASURES
1. Pursuant to Article IV, paragraph 68, each State Party shall, on a voluntary basis, provide the Technical Secretariat with notification of any chemical explosion using 300 tonnes or greater of TNT‑equivalent blasting material detonated as a single explosion anywhere on its territory, or at any place under its jurisdiction or control. If possible, such notification shall be provided in advance. Such notification shall include details on location, time, quantity and type of explosive used, as well as on the configuration and intended purpose of the blast.
2. Each State Party shall, on a voluntary basis, as soon as possible after the entry into force of this Treaty provide to the Technical Secretariat, and at annual intervals thereafter update, information related to its national use of all other chemical explosions greater than 300 tonnes TNT‑equivalent. In particular, the State Party shall seek to advise:
(a) The geographic locations of sites where the explosions originate;
(b) The nature of activities producing them and the general profile and frequency of such explosions;
(c) Any other relevant detail, if available; and
to assist the Technical Secretariat in clarifying the origins of any such event detected by the International Monitoring System.
3. A State Party may, on a voluntary and mutually‑acceptable basis, invite representatives of the Technical Secretariat or of other States Parties to visit sites within its territory referred to in paragraphs 1 and 2.
4. For the purpose of calibrating the International Monitoring System, States Parties may liaise with the Technical Secretariat to carry out chemical calibration explosions or to provide relevant information on chemical explosions planned for other purposes.
ANNEX 1 TO THE PROTOCOL
Table 1‑A List of Seismological Stations Comprising the Primary Network
| | State Responsible for Station | Location | Latitude | Longitude | Type |
| 1 | Argentina | PLCA Paso Flores | 40.7 S | 70.6 W | 3‑C |
| 2 | Australia | WRA Warramunga, NT | 19.9 S | 134.3 E | array |
| 3 | Australia | ASAR Alice Springs, NT | 23.7 S | 133.9 E | array |
| 4 | Australia | STKA Stephens Creek SA | 31.9 S | 141.6 E | 3‑C |
| 5 | Australia | MAW Mawson, Antarctica | 67.6 S | 62.9 E | 3‑C |
| 6 | Bolivia | LPAZ La Paz | 16.3 S | 68.1 W | 3‑C |
| 7 | Brazil | BDFB Brasilia | 15.6. S | 48.0 W | 3‑C |
| 8 | Canada | ULMC Lac du Bonnet, Man. | 50.2 N | 95.9 W | 3‑C |
| 9 | Canada | YKAC Yellowknife, NWT | 62.5 N | 114.6 W | array |
| 10 | Canada | SCH Schefferville, Quebec | 54.8 N | 66.8 W | 3‑C |
| 11 | Central African Republic | BGCA Bangui | 05.2 N | 18.4 E | 3‑C |
| 12 | China | HAI Hailar | 49.3 N | 119.7 E | 3‑C > array |
| 13 | China | LZH Lanzhou | 36.1 N | 103.8 E | 3‑C > array |
| 14 | Colombia | XSA El Rosal | 04.9 N | 74.3 W | 3‑C |
| 15 | Côte d’Ivoire | DBIC Dimbroko | 06.7 N | 04.9 W | 3‑C |
| 16 | Egypt | LXEG Luxor | 26.0 N | 33.0 E | array |
| 17 | Finland | FINES Lahti | 61.4 N | 26.1 E | array |
| 18 | France | PPT Tahiti | 17.6 S | 149.6 W | 3‑C |
| 19 | Germany | GEC2 Freyung | 48.9 N | 13.7 E | array |
| 20 | To be determined | To be determined | To be determined | To be determined | To be determined |
| 21 | Iran (Islamic Republic of) | THR Tehran | 35.8 N | 51.4 E | 3‑C |
| 22 | Japan | MJAR Matsushiro | 36.5 N | 138.2 E | array |
| 23 | Kazakstan | MAK Makanchi | 46.8 N | 82.0 E | array |
| 24 | Kenya | KMBO Kilimambogo | 01.1 S | 37.2 E | 3‑C |
| 25 | Mongolia | JAVM Javhlant | 48.0 N | 106.8 E | 3‑C > array |
| 26 | Niger | New site | To be determined | To be determined | 3‑C > array |
| 27 | Norway | NAO Hamar | 60.8 N | 10.8 E | array |
| 28 | Norway | ARAO Karasjok | 69.5 N | 25.5 E | array |
| 29 | Pakistan | PRPK Pari | 33.7 N | 73.3 E | array |
| 30 | Paraguay | CPUP Villa Florida | 26.3 S | 57.3 W | 3‑C |
| 31 | Republic of Korea | KSRS Wonju | 37.5 N | 127.9 E | array |
| 32 | Russian Federation | KBZ Khabaz | 43.7 N | 42.9 E | 3‑C |
| 33 | Russian Federation | ZAL Zalesovo | 53.9 N | 84.8 E | 3‑C > array |
| 34 | Russian Federation | NRI Norilsk | 69.0 N | 88.0 E | 3‑C |
| 35 | Russian Federation | PDY Peleduy | 59.6 N | 112.6 E | 3‑C > array |
| 36 | Russian Federation | PET Petropavlovsk‑
Kamchatskiy | 53.1 N | 157.8 E | 3‑C > array |
| 37 | Russian Federation | USK Ussuriysk | 44.2 N | 132.0 E | 3‑C > array |
| 38 | Saudi Arabia | New site | To be determined | To be determined | array |
| 39 | South Africa | BOSA Boshof | 28.6 S | 25.6 E | 3‑C |
| 40 | Spain | ESDC Sonseca | 39.7 N | 04.0 W | array |
| 41 | Thailand | CMTO Chiang Mai | 18.8 N | 99.0 E | array |
| 42 | Tunisia | THA Thala | 35.6 N | 08.7 E | 3‑C |
| 43 | Turkey | BRTR Belbashi The array is subject to relocation at Keskin | 39.9 N | 32.8 E | array |
| 44 | Turkmenistan | GEYT Alibeck | 37.9 N | 58.1 E | array |
| 45 | Ukraine | AKASG Malin | 50.4 N | 29.1 E | array |
| 46 | United States of America | LJTX Lajitas, TX | 29.3 N | 103.7 W | array |
| 47 | United States of America | MNV Mina, NV | 38.4 N | 118.2 W | array |
| 48 | United States of America | PIWY Pinedale, WY | 42.8 N | 109.6 W | array |
| 49 | United States of America | ELAK Eielson, AK | 64.8 N | 146.9 W | array |
| 50 | United States of America | VNDA Vanda, Antarctica | 77.5 S | 161.9 E | 3‑C |
Key: 3‑C > array: Indicates that the site could start operations in the International Monitoring System as a three‑component station and be upgraded to an array at a later time.
Table 1‑B List of Seismological Stations comprising the Auxiliary Network
| | State responsible for station | Location | Latitude | Longitude | Type |
| 1 | Argentina | CFA Coronel Fontana | 31.6 S | 68.2 W | 3‑C |
| 2 | Argentina | USHA Ushuaia | 55.0 S | 68.0 W | 3‑C |
| 3 | Armenia | GNI Garni | 40.1 N | 44.7 E | 3‑C |
| 4 | Australia | CTA Charters Towers, QLD | 20.1 S | 146.3 E | 3‑C |
| 5 | Australia | FITZ Fitzroy Crossing, WA | 18.1 S | 125.6 E | 3‑C |
| 6 | Australia | NWAO Narrogin, WA | 32.9 S | 117.2 E | 3‑C |
| 7 | Bangladesh | CHT Chittagong | 22.4 N | 91.8 E | 3‑C |
| 8 | Bolivia | SIV San Ignacio | 16.0 S | 61.1 W | 3‑C |
| 9 | Botswana | LBTB Lobatse | 25.0 S | 25.6 E | 3‑C |
| 10 | Brazil | PTGA Pitinga | 0.7 S | 60.0 W | 3‑C |
| 11 | Brazil | RGNB Rio Grande do Norte | 6.9 S | 37.0 W | 3‑C |
| 12 | Canada | FRB Iqaluit, NWT | 63.7 N | 68.5 W | 3‑C |
| 13 | Canada | DLBC Dease Lake, BC | 58.4 N | 130.0 W | 3‑C |
| 14 | Canada | SADO Sadowa, Ont. | 44.8 N | 79.1 W | 3‑C |
| 15 | Canada | BBB Bella Bella, BC | 52.2 N | 128.1 W | 3‑C |
| 16 | Canada | MBC Mould Bay, NWT | 76.2 N | 119.4 W | 3‑C |
| 17 | Canada | INK Inuvik, NWT | 68.3 N | 133.5 W | 3‑C |
| 18 | Chile | RPN Easter Island | 27.2 S | 109.4 W | 3‑C |
| 19 | Chile | LVC Limon Verde | 22.6 S | 68.9 W | 3‑C |
| 20 | China | BJT Baijiatuan | 40.0 N | 116.2 E | 3‑C |
| 21 | China | KMI Kunming | 25.2 N | 102.8 E | 3‑C |
| 22 | China | SSE Sheshan | 31.1 N | 121.2 E | 3‑C |
| 23 | China | XAN Xi’an | 34.0 N | 108.9 E | 3‑C |
| 24 | Cook Islands | RAR Rarotonga | 21.2 S | 159.8 W | 3‑C |
| 25 | Costa Rica | JTS Las Juntas de Abangares | 10.3 N | 85.0 W | 3‑C |
| 26 | Czech Republic | VRAC Vranov | 49.3 N | 16.6 E | 3‑C |
| 27 | Denmark | SFJ Søndre Strømfjord, Greenland | 67.0 N | 50.6 W | 3‑C |
| 28 | Djibouti | ATD Arta Tunnel | 11.5 N | 42.9 E | 3‑C |
| 29 | Egypt | KEG Kottamya | 29.9 N | 31.8 E | 3‑C |
| 30 | Ethiopia | FURI Furi | 8.9 N | 38.7 E | 3‑C |
| 31 | Fiji | MSVF Monasavu, Viti Levu | 17.8 S | 178.1 E | 3‑C |
| 32 | France | NOUC Port Laguerre, New Caledonia | 22.1 S | 166.3 E | 3‑C |
| 33 | France | KOG Kourou, French Guiana | 5.2 N | 52.7 W | 3‑C |
| 34 | Gabon | BAMB Bambay | 1.7 S | 13.6 E | 3‑C |
| 35 | Germany/ South Africa | ‑‑‑ SANAE Station, Antarctica | 71.7 S | 2.9 W | 3‑C |
| 36 | Greece | IDI Anogia, Crete | 35.3 N | 24.9 E | 3‑C |
| 37 | Guatemala | RDG Rabir | 15.0 N | 90.5 W | 3‑C |
| 38 | Iceland | BORG Borgarnes | 64.8 N | 21.3 W | 3‑C |
| 39 | To be determined | To be determined | To be determined | To be determined | To be determined |
| 40 | Indonesia | PACI Cibinong, Jawa Barat | 6.5 S | 107.0 E | 3‑C |
| 41 | Indonesia | JAY Jayapura, Irian Jaya | 2.5 S | 140.7 E | 3‑C |
| 42 | Indonesia | SWI Sorong, Irian Jaya | 0.9 S | 131.3 E | 3‑C |
| 43 | Indonesia | PSI Parapat, Sumatera | 2.7 N | 98.9 E | 3‑C |
| 44 | Indonesia | KAPI Kappang, Sulawesi Selatan | 5.0 S | 119.8 E | 3‑C |
| 45 | Indonesia | KUG Kupang, Nusatenggara Timur | 10.2 S | 123.6 E | 3‑C |
| 46 | Iran (Islamic Republic of) | KRM Kerman | 30.3 N | 57.1 E | 3‑C |
| 47 | Iran (Islamic Republic of) | MSN Masjed‑e‑Soleyman | 31.9 N | 49.3 E | 3‑C |
| 48 | Israel | MBH Eilath | 29.8 N | 34.9 E | 3‑C |
| 49 | Israel | PARD Parod | 32.6 N | 35.3 E | array |
| 50 | Italy | ENAS Enna, Sicily | 37.5 N | 14.3 E | 3‑C |
| 51 | Japan | JNU Ohita, Kyushu | 33.1 N | 130.9 E | 3‑C |
| 52 | Japan | JOW Kunigami, Okinawa | 26.8 N | 128.3 E | 3‑C |
| 53 | Japan | JHJ Hachijojima, Izu Islands | 33.1 N | 139.8 E | 3‑C |
| 54 | Japan | JKA Kamikawa‑asahi, Hokkaido | 44.1 N | 142.6 E | 3‑C |
| 55 | Japan | JCJ Chichijima, Ogasawara | 27.1 N | 142.2 E | 3‑C |
| 56 | Jordan | ‑ ‑ ‑ Ashqof | 32.5 N | 37.6 E | 3‑C |
| 57 | Kazakstan | BRVK Borovoye | 53.1 N | 70.3 E | array |
| 58 | Kazakstan | KURK Kurchatov | 50.7 N | 78.6 E | array |
| 59 | Kazakstan | AKTO Aktyubinsk | 50.4 N | 58.0 E | 3‑C |
| 60 | Kyrgyzstan | AAK Ala‑Archa | 42.6 N | 74.5 E | 3‑C |
| 61 | Madagascar | TAN Antananarivo | 18.9 S | 47.6 E | 3‑C |
| 62 | Mali | KOWA Kowa | 14.5 N | 4.0 W | 3‑C |
| 63 | Mexico | TEYM Tepich, Yucatan | 20.2 N | 88.3 W | 3‑C |
| 64 | Mexico | TUVM Tuzandepeti, Veracruz | 18.0 N | 94.4 W | 3‑C |
| 65 | Mexico | LPBM La Paz, Baja California Sur | 24.2 N | 110.2 W | 3‑C |
| 66 | Morocco | MDT Midelt | 32.8 N | 4.6 W | 3‑C |
| 67 | Namibia | TSUM Tsumeb | 19.1 S | 17.4 E | 3‑C |
| 68 | Nepal | EVN Everest | 28.0 N | 86.8 E | 3‑C |
| 69 | New Zealand | EWZ Erewhon, South Island | 43.5 S | 170.9 E | 3‑C |
| 70 | New Zealand | RAO Raoul Island | 29.2 S | 177.9 W | 3‑C |
| 71 | New Zealand | URZ Urewera, North Island | 38.3 S | 177.1 E | 3‑C |
| 72 | Norway | SPITS Spitsbergen | 78.2 N | 16.4 E | array |
| 73 | Norway | JMI Jan Mayen | 70.9 N | 8.7 W | 3‑C |
| 74 | Oman | WSAR Wadi Sarin | 23.0 N | 58.0 E | 3‑C |
| 75 | Papua New Guinea | PMG Port Moresby | 9.4 S | 147.2 E | 3‑C |
| 76 | Papua New Guinea | BIAL Bialla | 5.3 S | 151.1 E | 3‑C |
| 77 | Peru | CAJP Cajamarca | 7.0 S | 78.0 W | 3‑C |
| 78 | Peru | NNA Nana | 12.0 S | 76.8 W | 3‑C |
| 79 | Philippines | DAV Davao, Mindanao | 7.1 N | 125.6 E | 3‑C |
| 80 | Philippines | TGY Tagaytay, Luzon | 14.1 N | 120.9 E | 3‑C |
| 81 | Romania | MLR Muntele Rosu | 45.5 N | 25.9 E | 3‑C |
| 82 | Russian Federation | KIRV Kirov | 58.6 N | 49.4 E | 3‑C |
| 83 | Russian Federation | KIVO Kislovodsk | 44.0 N | 42.7 E | array |
| 84 | Russian Federation | OBN Obninsk | 55.1 N | 36.6 E | 3‑C |
| 85 | Russian Federation | ARU Arti | 56.4 N | 58.6 E | 3‑C |
| 86 | Russian Federation | SEY Seymchan | 62.9 N | 152.4 E | 3‑C |
| 87 | Russian Federation | TLY Talaya | 51.7 N | 103.6 E | 3‑C |
| 88 | Russian Federation | YAK Yakutsk | 62.0N | 129.7 E | 3‑C |
| 89 | Russian Federation | URG Urgal | 51.1 N | 132.3 E | 3‑C |
| 90 | Russian Federation | BIL Bilibino | 68.0 N | 166.4 E | 3‑C |
| 91 | Russian Federation | TIXI Tiksi | 71.6 N | 128.9 E | 3‑C |
| 92 | Russian Federation | YSS Yuzhno‑Sakhalinsk | 47.0 N | 142.8 E | 3‑C |
| 93 | Russian Federation | MA2 Magadan | 59.6 N | 150.8 E | 3‑C |
| 94 | Russian Federation | ZIL Zilim | 53.9 N | 57.0 E | 3‑C |
| 95 | Samoa | AfI Afiamalu | 13.9 S | 171.8 W | 3‑C |
| 96 | Saudi Arabia | RAYN Ar Rayn | 23.6 N | 45.6 E | 3‑C |
| 97 | Senegal | MBO Mbour | 14.4 N | 17.0 W | 3‑C |
| 98 | Solomon Islands | HNR Honiara, Guadalcanal | 9.4 S | 160.0 E | 3‑C |
| 99 | South Africa | SUR Sutherland | 32.4 S | 20.8 E | 3‑C |
| 100 | Sri Lanka | COC Colombo | 6.9 N | 79.9 E | 3‑C |
| 101 | Sweden | HFS Hagfors | 60.1 N | 13.7 E | array |
| 102 | Switzerland | DAVOS Davos | 46.8 N | 9.8 E | 3‑C |
| 103 | Uganda | MBRU Mbarara | 0.4 S | 30.4 E | 3‑C |
| 104 | United Kingdom | EKA Eskdalemuir | 55.3 N | 3.2 W | array |
| 105 | United States of America | GUMO Guam, Marianas Islands | 13.6 N | 144.9 E | 3‑C |
| 106 | United States of America | PMSA Palmer Station, Antarctica | 64.8 S | 64.1 W | 3‑C |
| 107 | United States of America | TKL Tuckaleechee Caverns, TN | 35.7 N | 83.8 W | 3‑C |
| 108 | United States of America | PFCA Piñon Flat, CA | 33.6 N | 116.5 W | 3‑C |
| 109 | United States of America | YBH Yreka, CA | 41.7 N | 122.7 W | 3‑C |
| 110 | United States of America | KDC Kodiak Island, AK | 57.8 N | 152.5 W | 3‑C |
| 111 | United States of America | ALQ Albuquerque, NM | 35.0 N | 106.5 W | 3‑C |
| 112 | United States of America | ATTU Attu Island, AK | 52.8 N | 172.7 E | 3‑C |
| 113 | United States of America | ELK Elko, NV | 40.7 N | 115.2 W | 3‑C |
| 114 | United States of America | SPA South Pole, Antarctica | 90.0 S | ‑ | 3‑C |
| 115 | United States of America | NEW Newport, WA | 48.3 N | 117.1 W | 3‑C |
| 116 | United States of America | SJG San Juan, PR | 18.1 N | 66.2 W | 3‑C |
| 117 | Venezuela | SDV Santo Domingo | 8.9 N | 70.6 W | 3‑C |
| 118 | Venezuela | PCRV Puerto la Cruz | 10.2 N | 64.6 W | 3‑C |
| 119 | Zambia | LSZ Lusaka | 15.3 S | 28.2 E | 3‑C |
| 120 | Zimbabwe | BUL Bulawayo | to be advised | to be advised | 3‑C |
Table 2‑A List of Radionuclide Stations
| | State responsible for station | Location | Latitude | Longitude |
| 1 | Argentina | Buenos Aires | 34.0 S | 58.0 W |
| 2 | Argentina | Salta | 24.0 S | 65.0 W |
| 3 | Argentina | Bariloche | 41.1 S | 71.3 W |
| 4 | Australia | Melbourne, VIC | 37.5 S | 144.6 E |
| 5 | Australia | Mawson, Antarctica | 67.6 S | 62.5 E |
| 6 | Australia | Townsville, QLD | 19.2 S | 146.8 E |
| 7 | Australia | Macquarie Island | 54.0 S | 159.0 E |
| 8 | Australia | Cocos Islands | 12.0 S | 97.0 E |
| 9 | Australia | Darwin, NT | 12.4 S | 130.7 E |
| 10 | Australia | Perth, WA | 31.9 S | 116.0 E |
| 11 | Brazil | Rio de Janeiro | 22.5 S | 43.1 W |
| 12 | Brazil | Recife | 8.0 S | 35.0 W |
| 13 | Cameroon | Douala | 4.2 N | 9.9 E |
| 14 | Canada | Vancouver, BC | 49.3 N | 123.2 W |
| 15 | Canada | Resolute, NWT | 74.7 N | 94.9 W |
| 16 | Canada | Yellowknife, NWT | 62.5 N | 114.5 W |
| 17 | Canada | St. John’s, NL | 47.0 N | 53.0 W |
| 18 | Chile | Punta Arenas | 53.1 S | 70.6 W |
| 19 | Chile | Hanga Roa, Easter Island | 27.1 S | 108.4 W |
| 20 | China | Beijing | 39.8 N | 116.2 E |
| 21 | China | Lanzhou | 35.8 N | 103.3 E |
| 22 | China | Guangzhou | 23.0 N | 113.3 E |
| 23 | Cook Islands | Rarotonga | 21.2 S | 159.8 W |
| 24 | Ecuador | Isla San Cristóbal, Galápagos Islands | 1.0 S | 89.2 W |
| 25 | Ethiopia | Filtu | 5.5 N | 42.7 E |
| 26 | Fiji | Nadi | 18.0 S | 177.5 E |
| 27 | France | Papeete, Tahiti | 17.0 S | 150.0 W |
| 28 | France | Pointe‑à‑Pitre, Guadeloupe | 17.0 N | 62.0 W |
| 29 | France | Réunion | 21.1 S | 55.6 E |
| 30 | France | Port‑aux‑Français, Kerguelen | 49.0 S | 70.0 E |
| 31 | France | Cayenne, French Guiana | 5.0 N | 52.0 W |
| 32 | France | Dumont d’Urville, Antarctica | 66.0 S | 140.0 E |
| 33 | Germany | Schauinsland/Freiburg | 47.9 N | 7.9 E |
| 34 | Iceland | Reykjavik | 64.4 N | 21.9 W |
| 35 | To be determined | To be determined | To be determined | To be determined |
| 36 | Iran (Islamic Republic of) | Tehran | 35.0 N | 52.0 E |
| 37 | Japan | Okinawa | 26.5 N | 127.9 E |
| 38 | Japan | Takasaki, Gunma | 36.3 N | 139.0 E |
| 39 | Kiribati | Kiritimati | 2.0 N | 157.0 W |
| 40 | Kuwait | Kuwait City | 29.0 N | 48.0 E |
| 41 | Libya | Misratah | 32.5 N | 15.0 E |
| 42 | Malaysia | Kuala Lumpur | 2.6 N | 101.5 E |
| 43 | Mauritania | Nouakchott | 18.0 N | 17.0 W |
| 44 | Mexico | Baja California | 28.0 N | 113.0 W |
| 45 | Mongolia | Ulaanbaatar | 47.5 N | 107.0 E |
| 46 | New Zealand | Chatham Island | 44.0 S | 176.5 W |
| 47 | New Zealand | Kaitaia | 35.1 S | 173.3 E |
| 48 | Niger | Bilma | 18.0 N | 13.0 E |
| 49 | Norway | Spitsbergen | 78.2 N | 16.4 E |
| 50 | Panama | Panama City | 8.9 N | 79.6 W |
| 51 | Papua New Guinea | New Hanover | 3.0 S | 150.0 E |
| 52 | Philippines | Quezon City | 14.5 N | 121.0 E |
| 53 | Portugal | Ponta Delgada, São Miguel, Azores | 37.4 N | 25.4 W |
| 54 | Russian Federation | Kirov | 58.6 N | 49.4 E |
| 55 | Russian Federation | Norilsk | 69.0 N | 88.0 E |
| 56 | Russian Federation | Peleduy | 59.6 N | 112.6 E |
| 57 | Russian Federation | Bilibino | 68.0 N | 166.4 E |
| 58 | Russian Federation | Ussuriysk | 43.7 N | 131.9 E |
| 59 | Russian Federation | Zalesovo | 53.9 N | 84.8 E |
| 60 | Russian Federation | Petropavlovsk‑Kamchatskiy | 53.1 N | 158.8 E |
| 61 | Russian Federation | Dubna | 56.7 N | 37.3 E |
| 62 | South Africa | Marion Island | 46.5 S | 37.0 E |
| 63 | Sweden | Stockholm | 59.4 N | 18.0 E |
| 64 | Tanzania | Dar es Salaam | 6.0 S | 39.0 E |
| 65 | Thailand | Bangkok | 13.8 N | 100.5 E |
| 66 | United Kingdom | BIOT/Chagos Archipelago | 7.0 S | 72.0 E |
| 67 | United Kingdom | St. Helena | 16.0 S | 6.0 W |
| 68 | United Kingdom | Tristan da Cunha | 37.0 S | 12.3 W |
| 69 | United Kingdom | Halley, Antarctica | 76.0 S | 28.0 W |
| 70 | United States of America | Sacramento, CA | 38.7 N | 121.4 W |
| 71 | United States of America | Sand Point, AK | 55.0 N | 160.0 W |
| 72 | United States of America | Melbourne, FL | 28.3 N | 80.6 W |
| 73 | United States of America | Palmer Station, Antarctica | 64.5 S | 64.0 W |
| 74 | United States of America | Ashland, KS | 37.2 N | 99.8 W |
| 75 | United States of America | Charlottesville, VA | 38.0 N | 78.0 W |
| 76 | United States of America | Salchaket, AK | 64.4 N | 147.1 W |
| 77 | United States of America | Wake Island | 19.3 N | 166.6 E |
| 78 | United States of America | Midway Islands | 28.0 N | 177.0 W |
| 79 | United States of America | Oahu, HI | 21.5 N | 158.0 W |
| 80 | United States of America | Upi, Guam | 13.7 N | 144.9 E |
Table 2‑B List of Radionuclide Laboratories
| | State responsible for Laboratory | Name and place of laboratory |
| 1 | Argentina | National Board of Nuclear Regulation Buenos Aires |
| 2 | Australia | Australian Radiation Laboratory Melbourne, VIC |
| 3 | Austria | Austrian Research Center Seibersdorf |
| 4 | Brazil | Institute of Radiation Protection and Dosimetry Rio de Janeiro |
| 5 | Canada | Health Canada Ottawa, Ont. |
| 6 | China | Beijing |
| 7 | Finland | Centre for Radiation and Nuclear Safety Helsinki |
| 8 | France | Atomic Energy Commission Montlhéry |
| 9 | Israel | Soreq Nuclear Research Centre Yavne |
| 10 | Italy | Laboratory of the National Agency for the Protection of the Environment Rome |
| 11 | Japan | Japan Atomic Energy Rersearch Institute Tokai, Ibaraki |
| 12 | New Zealand | National Radiation Laboratory Christchurch |
| 13 | Russian Federation | Central Radiation Control Laboratory, Ministry of Defence Special Verification Service Moscow |
| 14 | South Africa | Atomic energy Corporation Pelindaba |
| 15 | United Kingdom | AWE Blacknest Chilton |
| 16 | United States of America | McClellan Central Laboratories Sacramento, CA |
Table 3 List of Hydroacoustic Stations
| | State responsible for station | Location | Latitude | Longitude | Type |
| 1 | Australia | Cape Leeuwin, WA | 34.4 S | 115.1 E | Hydrophone |
| 2 | Canada | Queen Charlotte Islands, BC | 53.3 N | 132.5 W | T‑phase |
| 3 | Chile | Juan Fernández Island | 33.7 S | 78.8 W | Hydrophone |
| 4 | France | Crozet Islands | 46.5 S | 52.2 E | Hydrophone |
| 5 | France | Guadeloupe | 16.3 N | 61.1 W | T‑phase |
| 6 | Mexico | Clarión Island | 18.2 N | 114.6 W | T‑phase |
| 7 | Portugal | Flores | 39.3 N | 31.3 W | T‑phase |
| 8 | United Kingdom | BIOT/Chagos Archipelago | 7.3 S | 72.4 E | Hydrophone |
| 9 | United Kingdom | Tristan da Cunha | 37.2 S | 12.5 W | T‑phase |
| 10 | United States of America | Ascension | 8.0 S | 14.4 W | Hydrophone |
| 11 | United States of America | Wake Island | 19.3 N | 166.6 E | Hydrophone |
Table 4 List of Infrasound Stations
| | State responsible for station | Location | Latitude | Longitude |
| 1 | Argentina | Paso Flores | 40.7 S | 70.6 W |
| 2 | Argentina | Ushuaia | 55.0 S | 68.0 W |
| 3 | Australia | Davis Base, Antarctica | 68.4 S | 77.6 E |
| 4 | Australia | Narrogin, WA | 32.9 S | 117.2 E |
| 5 | Australia | Hobart, TAS | 42.1 S | 147.2 E |
| 6 | Australia | Cocos Islands | 12.3 S | 97.0 E |
| 7 | Australia | Warramunga, NT | 19.9 S | 134.3 E |
| 8 | Bolivia | La Paz | 16.3 S | 68.1 W |
| 9 | Brazil | Brasilia | 15.6 S | 48.0 W |
| 10 | Canada | Lac du Bonnet, Man. | 50.2 N | 95.9 W |
| 11 | Cape Verde | Cape Verde Islands | 16.0 N | 24.0 W |
| 12 | Central African Republic | Bangui | 5.2 N | 18.4 E |
| 13 | Chile | Easter Island | 27.0 S | 109.2 W |
| 14 | Chile | Juan Fernádez Island | 33.8 S | 80.7 W |
| 15 | China | Beijing | 40.0 N | 116.0 E |
| 16 | China | Kunming | 25.0 N | 102.8 E |
| 17 | Côte d’Ivoire | Dimbokro | 6.7 N | 4.9 W |
| 18 | Denmark | Dundas, Greenland | 76.5 N | 68.7 W |
| 19 | Djibouti | Djibouti | 11.3 N | 43.5 E |
| 20 | Ecuador | Galápagos Islands | 0.0 N | 91.7 W |
| 21 | France | Marquesas Islands | 10.0 S | 140.0 W |
| 22 | France | Port LaGuerre, New Caledonia | 22.1 S | 166.3 E |
| 23 | France | Kerguelen | 49.2 S | 69.1 E |
| 24 | France | Tahiti | 17.6 S | 149.6 W |
| 25 | France | Kourou, French Guiana | 5.2 N | 52.7 W |
| 26 | Germany | Freyung | 48.9 N | 13.7 E |
| 27 | Germany | Georg von Neumayer, Antarctica | 70.6 S | 8.4 W |
| 28 | To be determined | To be determined | To be determined | To be determined |
| 29 | Iran (Islamic Republic of) | Tehran | 35.7 N | 51.4 E |
| 30 | Japan | Tsukuba | 36.0 N | 140.1 E |
| 31 | Kazakstan | Aktyubinsk | 50.4 N | 58.0 E |
| 32 | Kenya | Kilimanbogo | 1.3 S | 36.8 E |
| 33 | Madagascar | Antananarivo | 18.8 S | 47.5 E |
| 34 | Mongolia | Javhlant | 48.0 N | 106.8 E |
| 35 | Namibia | Tsumeb | 19.1 S | 17.4 E |
| 36 | New Zealand | Chatham Island | 44.0 S | 176.5 W |
| 37 | Norway | Karasjok | 69.5 N | 25.5 E |
| 38 | Pakistan | Rahimyar Khan | 28.2 N | 70.3 E |
| 39 | Palau | Palau | 7.5 N | 134.5 E |
| 40 | Papua New Guinea | Rabaul | 4.1 S | 152.1 E |
| 41 | Paraguay | Villa Florida | 26.3 S | 57.3 W |
| 42 | Portugal | Azores | 37.8 N | 25.5 W |
| 43 | Russian Federation | Dubna | 56.7 N | 37.3 E |
| 44 | Russian Federation | Petropavlovsk‑ Kamchatskiy | 53.1 N | 158.8 E |
| 45 | Russian Federation | Ussuriysk | 43.7 N | 131.9 E |
| 46 | Russian Federation | Zalesovo | 53.9 N | 84.8 E |
| 47 | South Africa | Boshof | 28.6 S | 25.4 E |
| 48 | Tunisia | Thala | 35.6 N | 8.7 E |
| 49 | United Kingdom | Tristan da Cunha | 37.0 S | 12.3 W |
| 50 | United Kingdom | Ascension | 8.0 S | 14.3 W |
| 51 | United Kingdom | Bermuda | 32.0 N | 64.5 W |
| 52 | United Kingdom | BIOT/Chagos Archipelago | 5.0 S | 72.0 E |
| 53 | United States of America | Eielson, AK | 64.8 N | 146.9 W |
| 54 | United States of America | Siple Station, Antarctica | 75.5 S | 83.6 W |
| 55 | United States of America | Windless Bight, Antarctica | 77.5 S | 161.8 E |
| 56 | United States of America | Newport, WA | 48.3 N | 117.1 W |
| 57 | United States of America | Piñon Flat, CA | 33.6 N | 116.5 W |
| 58 | United States of America | Midway Islands | 28.1 N | 177.2 W |
| 59 | United States of America | Hawaii, HI | 19.6 N | 155.3 W |
| 60 | United States of America | Wake Island | 19.3 N | 166.6 E |
ANNEX 2 TO THE PROTOCOL
List of Characterisation Parameters for International Data Centre Standard Event Screening
1. The International Data Centre standard event screening criteria shall be based on the standard event characterisation parameters determined during the combined processing of data from all the monitoring technologies in the International Monitoring System. Standard event screening shall make use of both global and supplementary screening criteria to take account of regional variations where applicable.
2. For events detected by the International Monitoring System seismic component, the following parameters, inter alia, may be used:
‑ location of the event;
‑ depth of the event;
‑ ratio of the magnitude of surface waves to body waves;
‑ signal frequency content;
‑ spectral ratios of phases;
‑ spectral scalloping;
‑ first motion of the P‑wave;
‑ focal mechanism;
‑ relative excitation of seismic phases;
‑ comparative measures to other events and groups of events; and
‑ regional discriminants where applicable.
3. For events detected by the International Monitoring System hydroacoustic component, the following parameters, inter alia, may be used:
‑ signal frequency content including corner frequency, wide‑band energy, and mean centre frequency and bandwidth;
‑ frequency‑dependent duration of signals;
‑ spectral ratio; and
‑ indications of bubble‑pulse signals and bubble‑pulse delay.
4. For events detected by the International Monitoring System infrasound component, the following parameters, inter alia, may be used:
‑ signal frequency content and dispersion;
‑ signal duration; and
‑ peak amplitude.
5. For events detected by the International Monitoring System radionuclide component, the following parameters, inter alia, may be used:
‑ concentration of background natural and man‑made radionuclides;
‑ concentration of specific fission and activation products outside normal observations; and
‑ ratios of one specific fission and activation product to another.