[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR717.2]

[Page 175-177]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 717--CLARIFICATION OF POSSIBLE NON-COMPLIANCE WITH THE CONVENTION; CHALLENGE INSPECTION PROCEDURES--Table of Contents
 
Sec. 717.2  Challenge inspections.

    Any person or facility subject to the CWCR (see Sec. 710.2 of this 
subchapter), whether or not required to submit declarations or reports, 
may be subject to

[[Page 176]]

a challenge inspection by the OPCW concerning possible non-compliance 
with the requirements of the Convention. The Department of Commerce will 
host and escort the international Inspection Team for all challenge 
inspections of persons or facilities subject to the CWCR concerning 
possible non-compliance with the requirements set forth in parts 712 
through 716 of this subchapter.
    (a) Warrants. In instances where consent is not provided by the 
owner, operator, occupant or agent in charge of the facility or 
location, the Department of Commerce will assist the Department of 
Justice in seeking a criminal warrant as provided by the Act. The 
existence of a facility agreement does not in any way limit the right of 
the operator of the facility to withhold consent to a challenge 
inspection request.
    (b) Notification of challenge inspection. Challenge inspections may 
be made only upon issuance of written notice by the United States 
National Authority (USNA) to the owner and to the operator, occupant or 
agent in charge of the premises. The Department of Commerce will provide 
Host Team notification to the inspection point of contact if such 
notification is deemed appropriate. If the United States is unable to 
provide actual written notice to the owner, operator, or agent in 
charge, the Department of Commerce, or if the Department of Commerce is 
unable, another appropriate agency, may post notice prominently at the 
plant, plant site or other facility or location to be inspected.
    (1) Timing. The OPCW will notify the USNA of a challenge inspection 
not less than 12 hours before the planned arrival of the Inspection Team 
at the U.S. point of entry. Written notice will be provided to the owner 
and to the operator, occupant, or agent in charge of the premises at any 
appropriate time determined by the USNA after receipt of notification 
from the OPCW Technical Secretariat.
    (2)(i) Content of notice. The notice shall include all appropriate 
information provided by the OPCW to the United States National Authority 
concerning:
    (A) The type of inspection;
    (B) The basis for the selection of the facility or locations for the 
type of inspection sought;
    (C) The time and date that the inspection will begin and the period 
covered by the inspection;
    (D) The names and titles of the inspectors; and
    (E) All appropriate evidence or reasons provided by the requesting 
State Party for seeking the inspection.
    (ii) In addition to appropriate information provided by the OPCW in 
its notification to the USNA, the Department of Commerce's Host Team 
notification to the facility or plant site will state whether an advance 
team is available to assist the site in preparation for the inspection. 
If an advance team is available, facilities that request advance team 
assistance are not required to reimburse the U.S. Government for costs 
associated with these activities.
    (c) Period of inspection. Challenge inspections will not exceed 84 
hours, unless extended by agreement between the Inspection Team and the 
Host Team Leader.
    (d) Scope and conduct of inspections. (1) General. Each inspection 
shall be limited to the purposes described in this section and conducted 
in the least intrusive manner, consistent with the effective and timely 
accomplishment of its purpose as provided in the Convention.
    (2) Scope of inspections. If an owner, operator, occupant, or agent 
in charge of a facility or location consents to a challenge inspection, 
the inspection will be conducted in accordance with the provisions of 
Article IX and applicable provisions of the Verification Annex of the 
Convention. If consent is not granted, the inspection will be conducted 
in accordance with a criminal warrant, as provided by the Act, and in 
accordance with the provisions of Article IX and applicable provisions 
of the Verification Annex of the Convention. A challenge inspection will 
also be conducted in accordance with a facility agreement, if a facility 
agreement has been concluded for the subject facility, to the extent the 
terms of the facility agreement are relevant to the challenge inspection 
request.

[[Page 177]]

    (3) Hours of inspections. Consistent with the provisions of the 
Convention, the Host Team will ensure, to the extent possible, that each 
inspection is commenced, conducted, and concluded during ordinary 
working hours, but no inspection shall be prohibited or otherwise 
disrupted from commencing, continuing or concluding during other hours.
    (4) Health and safety regulations and requirements. In carrying out 
their activities, the Inspection Team and Host Team shall observe 
federal, state, and local health and safety regulations and health and 
safety requirements established at the inspection site, including those 
for the protection of controlled environments within a facility and for 
personal safety.