[Code of Federal Regulations] [Title 15, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 15CFR716.9] [Page 150-175] TITLE 15--COMMERCE AND FOREIGN TRADE CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE PART 716_INITIAL AND ROUTINE INSPECTIONS OF DECLARED FACILITIES--Table of Contents Sec. 716.9 Report of inspection-related costs. Pursuant to section 309(b)(5) of the Act, any facility that has undergone any inspections pursuant to this subchapter during a given calendar year must report to BIS within 90 days of an inspection on its total costs related to that inspection. Although not required, such reports should identify categories of costs separately if possible, such as personnel costs (production-line, administrative, legal), costs of producing records, and costs associated with shutting down chemical production or processing during inspections, if applicable. This information should be reported to BIS on company letterhead at the address given in Sec. 716.6(d), with the following notation: ``Attn: Report of inspection-related costs.'' [[Page 151]] Supplement No. 1 to Part 716--Notification, Duration and Frequency of Inspections ---------------------------------------------------------------------------------------------------------------- Unscheduled Schedule 1 Schedule 2 Schedule 3 discrete organic chemicals ---------------------------------------------------------------------------------------------------------------- Notice of initial or routine 24 hours prior to 48 hours prior to 120 hours prior to 120 hours prior to inspection to USNA. arrival at the arrival at the arrival at the arrival at the point of entry. plant site. plant site. plant site. Duration of inspection.......... As specified in 96 hours.......... 24 hours.......... 24 hours. facility agreement. Maximum number of inspections... Determined by OPCW 2 per calendar 2 per calendar 2 per calendar based on year per plant year per plant year per plant characteristics site. site. site. of facility and the nature of the activities carried out at the facility. --------------------- Notification of challenge 12 hours prior to arrival of inspection team at the point of entry. inspection to USNA*. --------------------- Duration of Challenge 84 hours. inspection*. ---------------------------------------------------------------------------------------------------------------- *See part 717 of this subchapter. Supplement No. 2 to Part 716--Schedule 1 Model Facility Agreement Draft Model Agreement specifying the general form and content for facility agreements to be concluded pursuant to Verification Annex, Part VI, paragraph 31 (other facilities). Facility Agreement between the Organization for the Prohibition of Chemical Weapons and the Government of the United States of America Regarding On-site Inspections at the ------ Facility Located at the ---- ------. The Organization for the Prohibition of Chemical Weapons, hereinafter referred to as ``Organization'', and the Government of the United States of America, hereinafter referred to as ``inspected State Party'', both constituting the Parties to this Agreement, have agreed on the following arrangements in relation to the conduct of inspections pursuant to paragraph 3 of Article VI of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, hereinafter referred to as ``Convention'', at ------ (insert name of the facility, its precise location, including the address), declared under paragraphs 7 and 8 of Article VI, hereinafter referred to as ``facility''. Section 1. General Provisions 1. The purpose of this Agreement is to facilitate the implementation of the provisions of the Convention in relation to inspections conducted at the facility pursuant to paragraph 3 of Article VI of the Convention and in accordance with the obligations of the inspected State Party and the Organization under the Convention. 2. Nothing in this Agreement shall be applied or interpreted in a way that is contradictory to the provisions of the Convention, including paragraph 1 of Article VII.1 In case of inconsistency between this Agreement and the Convention, the Convention shall prevail. --------------------------------------------------------------------------- \1\ Each State Party shall, in accordance with its constitutional processes, adopt the necessary measures to implement its obligations under this Convention. --------------------------------------------------------------------------- 3. The Parties have agreed to apply for planning purposes the general factors contained in Attachment 1. 4. The frequency and intensity of inspections at the facility are given in Part B of Attachment 1 and reflect the risk assessment of the Organization conducted pursuant to paragraphs 23 or 30 of Part VI of the Verification Annex, whichever applies. 5. The inspection team shall consist of no more than ---- persons. 6. The language for communication between the inspection team and the inspected State Party during inspections shall be English. 7. In case of any development due to circumstances brought about by unforeseen events or acts of nature, which could affect inspection activities at the facility, the inspected State Party shall notify the Organization and the inspection team as soon as practically possible. 8. In case of need for the urgent departure, emergency evacuation or urgent travel of inspector(s) from the territory of the inspected State Party, the inspection team leader shall inform the inspected State Party of such a need. The inspected State Party shall arrange without undue delay such departure, evacuation or travel. In all cases, the inspected State Party shall determine the means of transportation and routes to be [[Page 152]] taken. The costs of such departure, evacuation or travel of inspectors shall be borne by the Organization. 9. Inspectors shall wear identification badges at all times when on the premises of the facility. Section 2. Health and Safety 1. Health and safety matters during inspections are governed by the Convention, the Organization's Health and Safety Policy and Regulations, and applicable national, local and facility safety and environmental regulations. The specific arrangements for implementing the relevant provisions of the Convention and the Organization's Health and Safety Policy in relation to inspections at the facility are contained in Attachment 2. 2. Pursuant to paragraph 1 of this section, all applicable health and safety regulations relevant to the conduct of the inspection at the facility are listed in Attachment 2 and shall be made available for use by the inspection team at the facility. 3. In case of the need to modify any health-and safety-related arrangements at the facility contained in Attachment 2 to this Agreement bearing on the conduct of inspections, the inspected State Party shall notify the Organization. Any such modification shall apply provisionally until the inspected State Party and the Organization have reached agreement on this issue. In case no agreement has been reached by the time of the completion of the inspection, the relevant information may be included in the preliminary factual findings. Any agreed modification shall be recorded in Attachment 2 to this Agreement in accordance with paragraph 2 of Section 13 of this Agreement. 4. In the course of the pre-inspection briefing the inspection team shall be briefed by the representatives of the facility on all health and safety matters which, in the view of those representatives, are relevant to the conduct of the inspection at the facility, including: (a) The health and safety measures at the Schedule 1 facilities to be inspected and the likely risks that may be encountered during the inspection; (b) Any additional health and safety measures or regulations that need to be observed at the facility; (c) Procedures to be followed in case of an accident or in case of other emergencies, including a briefing on emergency signals, routes and exits, and the location of emergency meeting points and medical facilities; and (d) Specific inspection activities which must be limited within particular areas at the facility, and in particular within those Schedule 1 facilities to be inspected under the inspection mandate, for reasons of health and safety. Upon request, the inspection team shall certify receipt of any such information if it is provided in written form. 5. During the course of an inspection, the inspection team shall refrain from any action which by its nature could endanger the safety of the team, the facility, or its personnel or could cause harm to the environment. Should the inspected State Party refuse certain inspection activities, it may explain the circumstances and safety considerations involved, and shall provide alternative means for accomplishing the inspection activities. 6. In the case of emergency situations or accidents involving inspection team members while at the facility, the inspection team shall comply with the facility's emergency procedures and the inspected State Party shall to the extent possible provide medical and other assistance in a timely and effective manner with due regard to the rules of medical ethics if medical assistance is requested. Information on medical services and facilities to be used for this purpose is contained in Part D of Attachment 2. If the Organization undertakes other measures for medical support in regard to inspection team members involved in emergency situations or accidents, the inspected State Party will render assistance to such measures to the extent possible. The Organization will be responsible for the consequences of such measures. 7. The inspected State party shall, to the extent possible, assist the Organization in carrying out any inquiry into an accident or incident involving a member of the inspection team. 8. If, for health and safety reasons given by the inspected State Party, health and safety equipment of the inspected State Party is required to be used by the inspection team, the cost so incurred shall be borne by the inspected State Party. 9. The inspection team may use its own approved health and safety equipment. If the inspected State Party determines it to be necessary, the inspected State Party shall conduct a fit test on masks brought with the inspection team. If the inspected State Party so requests on the basis of confirmed contamination or hazardous waste requirements or regulations, any such piece of equipment involved in the inspection activities will be left at the facility at the end of the inspection. The inspection team reserves the right to destroy equipment left at the facility or witness its destruction by agreed procedures. The inspected State Party will reimburse the Organization for the loss of the inspection team's equipment. 10. In accordance with the Organization's Health and Safety Policy, the inspected State Party may provide available data based on detection and monitoring, to the agreed extent necessary to satisfy concerns [[Page 153]] that may exist regarding the health and safety of the inspection team. Section 3. Confidentiality 1. Matters related to confidentiality are governed by the Convention, including its Confidentiality Annex and paragraph 1 of Article VII, and the Organization's Policy on Confidentiality. The specific arrangements for implementing the provisions of the Convention and the Organization's Policy on Confidentiality in relation to the protection of confidential information at the facility are contained in Attachment 3. 2. Upon request, the inspected State Party will procure a container to be placed under joint seal to maintain documents that the inspection team, inspected State Party, or the facility representative decides to keep as reference for future inspections. The inspected State Party shall be reimbursed by the Organization for the purchase of such container. 3. All documents, including photographs, provided to the inspection team will be controlled as follows: (a) Information to be taken off-site. Information relevant to the finalization of the preliminary factual findings that the inspected State Party permits the inspection team to take off-site will be marked and numbered by the inspected State Party. In accordance with the inspected State Party's Procedures for Information Control, markings on the information will clearly state that the inspection team may take it off-site and will contain a classification pursuant to the Organization's Policy on Confidentiality at a level requested by the inspected State Party. The representative of the facility will acknowledge the release of such information in writing prior to disclosure to the inspection team. (b) Information restricted for use on-site. Information that the inspected State Party permits the inspection team to use on-site during inspections but not take off-site will be marked and numbered by the inspected State Party. In accordance with the inspected State Party's Procedures for Information Control, markings on the information will clearly restrict its use on-site and will contain a classification pursuant to the Organization's Policy on Confidentiality at a level requested by the inspected State Party. The representative of the facility will acknowledge the release of such information in writing prior to disclosure to the inspection team. Upon conclusion of the inspection, the inspection team shall return the information to the inspected State Party, and the facility representative shall acknowledge receipt in writing. If so requested by the inspection team, the information can be placed in the joint sealed container for future reference. (c) Information restricted for use on-site and requiring direct supervision. Information that the inspected State Party permits the inspection team to use on-site only under direct supervision of the inspected State Party or the representative of the inspected facility will be marked and numbered by the inspected State Party. In accordance with the inspected State Party's Procedures for Information Control, markings on the information will clearly restrict its use on-site under direct supervision and will contain a classification pursuant to the Organization's Policy on Confidentiality at a level requested by the inspected State Party. The representative of the facility will acknowledge the release of such information in writing prior to disclosure to the inspection team. The inspection team shall return the information to the inspected State Party immediately upon completion of review and the facility representative shall acknowledge receipt in writing. If so requested by the inspection team, the information can be placed in the joint sealed container for future reference. Section 4. Media and Public Relations 1. Inspection team media and public relations are governed by the Organization's Media and Public Relations Policy. The specific arrangements for the inspection team's contacts with the media or the public, if any, in relation to inspections of the facility are contained in Attachment 4. Section 5. Inspection Equipment 1. As agreed between the inspected State Party and the Organization, the approved equipment listed in Part A of Attachment 5 and with which the inspected State Party has been given the opportunity to familiarize itself will, at the discretion of the Organization and on a routine basis, be used specifically for the Schedule 1 inspection. The equipment will be used in accordance with the Convention, the relevant decisions taken by the Conference of States Parties, and any agreed procedures contained in Attachment 5. 2. The provisions of paragraph 1 above are without prejudice to paragraphs 27 to 29 of Part II of the Verification Annex. 3. The items of equipment available on-site, not belonging to the Organization, which the inspected State Party has volunteered to provide to the inspection team upon its request for use on-site during the conduct of inspections, together with any procedures for the use of such equipment, if required, any requested support which can be provided, and conditions for the provision of equipment are listed in Part B of Attachment 5. Prior to any use of such equipment, the inspection team may confirm that the performance characteristics of such equipment are consistent with those for similar Organization-approved equipment, or, with respect to items of equipment which are not [[Page 154]] on the list of Organization-approved equipment, are consistent with the intended purpose for using such equipment.2 --------------------------------------------------------------------------- \2\ i.e. The inspection team may confirm that the performance characteristics of such equipment meet the technical requirements necessary to support the inspection task intended to be accomplished. --------------------------------------------------------------------------- 4. Requests from the inspection team for the inspected State Party during the inspection to provide equipment mentioned in paragraph 3 above shall be made in writing by an authorized member of the inspection team using the form contained in Attachment 5. The same procedure will also apply to other requests of the inspection team in accordance with paragraph 30 of Part II of the Verification Annex. 5. Agreed procedures for the decontamination of any equipment are contained in Part C of Attachment 5. 6. For the purpose of verification, the list of agreed on-site monitoring instruments, if any, as well as agreed conditions, procedures for use, maintenance, repair, modification, replacement and provisions for the inspected State Party's support, if required, installation points, and security measures to prevent tampering with such on-site monitoring instruments are contained in Part D of Attachment 5. Section 6. Pre-Inspection Activities 1. The inspection team shall be given a pre-inspection briefing by the representatives of the facility in accordance with paragraph 37 of Part II of the Verification Annex. The pre-inspection briefing shall include: (a) Information on the facility as described in Attachment 6; (b) Health and safety specifications described in Section 2 above and detailed in Attachment 2; (c) Any changes to the above-mentioned information since the last inspection; and (d) Information on administrative and logistical arrangements additional to those contained in Attachment 10, if any, that shall apply during the inspection, as contained in Section 10. 2. Any information about the facility that the inspected State Party has volunteered to provide to the inspection team during the pre- inspection briefing with indications as to which information may be transferred off-site is referenced in Part B of Attachment 6. Section 7. Conduct of the Inspection 7.1 Standing Arrangements 1. The inspection period shall begin immediately upon completion of the pre-inspection briefing unless agreed otherwise. Upon completion of the pre-inspection briefing, the inspected State Party may, on a voluntary basis, provide a site tour at the request of the inspection team. Arrangements for the conduct of a site tour, if any, are contained in Attachment 7. 2. Upon conclusion of the pre-inspection briefing, the inspection team leader shall provide to the designated representative of the inspected State Party a preliminary inspection plan to facilitate the conduct of the inspection. 3. Before commencement of inspection activities, the inspection team leader shall inform the representative of the inspected State Party about the initial steps to be taken in implementing the inspection plan. The plan will be adjusted by the inspection team as circumstances warrant throughout the inspection process in consultation with the inspected State Party as to its implementability in regard to paragraph 40 of Part II of the Verification Annex. 4. 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 facility inspected. The inspection team shall avoid unnecessarily hampering or delaying the operation of a facility and avoid affecting safety. In particular, the inspection team shall not operate the facility. If the inspection team considers that, to fulfil the mandate, particular operations should be carried out in the facility, it shall request the designated representative of the facility to have them performed. 5. At the beginning of the inspection, the inspection team shall have the right to confirm the precise location of the facility utilizing visual and map reconnaissance, a site diagram, or other suitable techniques. 6. The inspection team shall, upon request of the inspected State Party, communicate with the personnel of the facility only in the presence of or through a representative of the inspected State Party. 7. The inspected State Party shall, upon request, provide a securable work space for the inspection team, including adequate space for the storage of equipment. The inspection team shall have the right to seal its work space. For ease of inspection, the inspected State Party will work with the facility representative to provide work space at the facility, if possible. 7.2 Access to the Declared Facility 1. The object of the inspection shall be the declared Schedule 1 facility as referenced in Attachment 6. 2. Pursuant to paragraph 45 of Part II of the Verification Annex, the inspection team shall have unimpeded access to the declared facility in accordance with the relevant Articles and Annexes of the Convention and Attachments 6, 8, and 9. [[Page 155]] 7.3 Access to and Inspection of Documentation and Records 1. The agreed list of the documentation and records to be routinely made available for inspection purposes to the inspection team by the inspected State Party during an inspection, as well as arrangements with regard to access to such records for the purpose of protecting confidential information, are contained in Attachment 8. Such documentation and records will be provided to the inspection team upon request. 2. Only those records placed in the custody of the inspection team that are attached to the preliminary factual findings in accordance with Section 3 may leave the premises. Those records placed in the custody of the inspection team that are not attached to the preliminary factual findings must be retained in the inspection team's on-site container or returned to the inspected State Party. 7.4 Sampling and Analysis 1. Without prejudice to paragraphs 52 to 58 of Part II of the Verification Annex, procedures for sampling and analysis for verification purposes are contained in Attachment 9. 2. Sampling and analysis, for inspection purposes, may be carried out to fulfill the inspection mandate. Each such sample will be split into a minimum of four parts at the request of the inspection team in accordance with Part C of Attachment 9. One part shall be analyzed in a timely manner on-site. The second part of the split sample may be controlled by the inspection team for future reference and, if necessary, analysis off-site at laboratories designated by the Organization. That part of the sample may be destroyed at any time in the future upon the decision of the inspection team but in any case no later than 60 days after it was taken. The third part may be retained by the inspected State Party. The fourth part may be retained by the facility. 3. Pursuant to paragraph 52 of the Part II of the Verification Annex, representatives of the inspected State Party or facility shall take samples at the request of the inspection team in the presence of inspectors. The inspected State Party will inform the inspection team of the authorized facility representative's 3 determination of whether the sample shall be taken by representatives of the facility or the inspection team or other individuals present. If inspectors are granted the right to take samples themselves in accordance with paragraph 52 of Part II of the Verification Annex, the relevant advance agreement between the inspection team and the inspected State Party shall be in writing. The representatives of the inspected State Party or of the inspected facility shall have the right to be present during sampling. Agreed conditions and procedures for such sample collection are contained in Part B of Attachment 9 to this Agreement. --------------------------------------------------------------------------- \3\ The authorized facility representative is the owner or the operator, occupant or agent in charge of the premises being inspected. --------------------------------------------------------------------------- 4. Facility sampling equipment shall as a rule be used for taking samples required for the purposes of the inspection. This is without prejudice to the right of the inspection team pursuant to paragraph 27 of Part II of the Verification Annex to use its own approved sampling equipment in accordance with paragraph 1 of Section 5 and Parts A and B of Attachment 5 to this Agreement. 5. Should the inspection team request that a sample be taken and the inspected State Party be unable to accede or agree to the request, the inspected State Party will make every reasonable effort to satisfy the inspection team's concerns by other means to enable the inspection team to fulfil its mandate. The inspected State Party will provide a written explanation for its inability to accede or agree to the request. Any such response shall be supported by relevant document(s). The explanation of the inspected State Party shall be included in the preliminary factual findings. 6. In accordance with paragraph 53 of Part II of the Verification Annex, where possible, the analysis of samples shall be performed on- site and the inspection team shall have the right to perform on-site analysis of samples using approved equipment brought by it for the splitting, preparation, handling, analysis, integrity and transport of samples. The assistance that will be provided by the inspected State Party and the analysis procedures to be followed are contained in Part D of Attachment 9 to this Agreement. 7. The inspection team may request the inspected State Party to perform the analysis in the inspection team's presence. The inspection team shall have the right to be present during any sampling and analysis conducted by the inspected State Party. 8. The results of such analysis shall be reported in writing as soon as possible after the sample is taken. 9. The inspection team shall have the right to request repeat analysis or clarification in connection with ambiguities. 10. If at any time, and for any reason, on-site analysis is not possible, the inspection team has the right to have sample(s) analyzed off-site at Organization-designated laboratories. In selecting such designated laboratories for the off-site analysis, the Organization will give due regard to requirements of the inspected State Party. 11. Transportation of samples will be in accordance with the procedures outlined in Part E of Attachment 9. 12. If at any time, the inspected State Party or facility representative determines [[Page 156]] that inspection team on-site analysis activities are not in accordance with the facility agreement or agreed analysis procedures, or otherwise pose a threat to safety or environmental regulations or laws, the inspected State Party, in consultation with the facility representative, will cease these on-site activities pending resolution. If both parties cannot agree to proceed with the analysis, the inspection team will document this in its preliminary factual findings. 13. Conditions and procedures for the disposal of hazardous materials generated during sampling and on-site analysis during the inspection are contained in Part F of Attachment 9 to this Agreement. 7.5 Arrangements for Interviews 1. The inspection team shall have the right, subject to applicable United States legal protections for individuals, to interview any facility personnel in the presence of representatives of the inspected State Party with the purpose of establishing relevant facts in accordance with paragraph 46 of Part II of the Verification Annex and inspected State Party's policy and procedures. Agreed procedures for conducting interviews are contained in Attachment 11. 2. The inspection team will submit to the inspected State Party names and/or positions of those desired for interviews. The requested individual(s) will be made available to the inspection team no later than 24 hours after submission of the formal request, unless agreed otherwise. The inspection team may also be requested to submit questions in writing prior to conducting interviews. The specific timing and location of interviews will be determined with the facility in coordination with the inspected State Party and consistent with adequate notification of the interviewees, and minimizing the operation impacts on the facility and individuals to be interviewed. 3. The inspected State Party may recommend to the inspection team that interviews be conducted in either ``panel'' or individual formats. At a minimum, interviews will be conducted with a member of the facility staff and an inspected State Party representative. Legal counsel may also be required to be present by the inspected State Party. The interview may be interrupted for consultation between the interviewee, the facility representative, the inspected State Party representative, and legal counsel. 4. The inspected State Party will have the right to restrict the content of interviews to information directly related to the mandate or purpose of the inspection. 5. Outside the interview process and in discharging their functions, inspectors shall communicate with personnel of the facility only through the representative(s) of the inspected State Party. 7.6 Communications 1. In accordance with paragraph 44 of Part II of the Verification Annex, the inspection team shall have the right to communicate with the headquarters of the Technical Secretariat. For this purpose they may use their own, duly certified approved equipment, in accordance with paragraph 1 of Section 5. The representative of the inspected facility retains the right to control the use of communications equipment in specific areas, buildings, or structures if such use would be incompatible with applicable safety or fire regulations. 2. In case the inspection team and the inspected State Party agree to use any of the inspected State Party's communications equipment, the list of such equipment and the provisions for its use are contained in Part B of Attachment 5 to this Agreement. 3. The agreed means of communication between inspection team sub- teams in accordance with paragraph 44 of Part II of the Verification Annex are contained in Part E of Attachment 5. 7.7 Photographs 1. In accordance with the provisions of paragraph 48 of Part II of the Verification Annex, the Confidentiality Annex and inspected State Party's policy and procedures, the inspection team shall have the right to have photographs taken at their request by the representatives of the inspected State Party or the inspected facility. One camera of the instant development type furnished by the inspection team or the inspected State Party shall be used for taking identical photographs in sequence. Cameras furnished by the inspection team will remain either in their work space or equipment storage area except when carried by inspection team members for a specific inspection activity. Cameras will only be used for specified inspection purposes. Personal cameras are not allowed to be taken to the facility. 2. Pursuant to the Confidentiality Annex, the inspected State Party, in consultation with the facility representative, shall have the right to determine that contents of the photographs conform to the stated purpose of the photographs. The inspection team shall determine whether photographs conform to those requested and, if not, repeat photographs shall be taken. Photographs that do not meet the satisfaction of both sides will be destroyed by the inspected State Party in the presence of the inspection team. The inspection team, the inspected State Party and the facility, if so requested, shall each retain one copy of every photograph. The copies shall be signed, dated, and classified, in accordance with Section 3, and note the location and subject of the photograph and carry the same identification [[Page 157]] number. Agreed procedures for photography are contained in Attachment 12. 3. The representative of the inspected facility has the right to object to the use of photographic equipment in specific areas, buildings or structures if such use would be incompatible with safety or fire regulations given the characteristics of the chemicals stored in the area in question. Restrictions for use are contained in Parts A and/or B of Attachment 5 to this Agreement. If the objection is raised due to safety concerns, the inspected State Party will, if possible, furnish photographic equipment that meets the regulations. If the use of photographic equipment is not permissible at all in specific areas, buildings or structures for the reasons stated above, the inspected State Party shall provide a written explanation of its objection to the inspection team leader. The explanation, along with the inspection team leader's comments will be included in the inspection team's preliminary factual findings. Section 8. Visits 1. This section applies to visits conducted pursuant to paragraphs 15 and 16 of Part III of the Verification Annex. 2. The size of a team on such a visit shall be kept to the minimum number of personnel necessary to perform the specific tasks for which the visit is being conducted and shall in any case not exceed the size of inspection team referenced in paragraph 5 of Section 1. 3. The duration of the visit pursuant to this Section shall be limited to the minimum time required to perform the specific tasks relating to monitoring systems for which the visit is being conducted and in any case shall not exceed the estimated period of inspection referenced in Part B of Attachment 1 of this Agreement. 4. Access provided to the monitoring systems during the visit shall be limited to that required to perform the specific tasks for which the visit is being conducted, unless otherwise agreed to with the inspected State Party. 5. General arrangements and notifications for a visit shall be the same as for the conduct of an inspection. Section 9. Debriefing and Preliminary Findings 1. In accordance with paragraph 60 of Part II of the Verification Annex, upon completion of an inspection the inspection team shall meet with representatives of the inspected State Party and the personnel responsible for the inspection site to review the preliminary findings of the inspection team and to clarify any ambiguities. The inspection team shall provide to the representatives of the inspected State Party its preliminary findings in written form according to a standardized format, together with a list of any samples and copies of written information and data gathered and other material to be taken off-site. The document shall be signed by the head of the inspection team. In order to indicate that he 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 not later than 24 hours after the completion of the inspection. 2. The document on preliminary findings shall also include, inter alia, the list of results of analysis, if conducted on-site, records of seals, results of inventories, copies of photographs to be retained by the inspection team, and results of specified measurements. It will be prepared in accordance with the preliminary findings format referenced in Annex 5. Any substantive changes to this format will be made only after consultation with the inspected State Party. 3. Before the conclusion of the debriefing, the inspected State Party may provide comments and clarifications to the inspection team on any issue related to the conduct of the inspection. The inspection team shall provide to the representative of the inspected State Party its preliminary findings in written form sufficiently prior to the conclusion of the debriefing to permit the inspected State Party to prepare any comments and clarifications. The inspected State Party's written comments and clarifications shall be attached to the document on preliminary findings. 4. The inspection team shall depart from the site upon the conclusion of the meeting on preliminary findings. Section 10. Administrative Arrangements 1. The inspected State Party shall provide or arrange for the provision of the amenities listed in detail in Attachment 10 to the inspection team throughout the duration of the inspection. The inspected State Party shall be reimbursed by the Organization for such costs incurred by the inspection team, unless agreed otherwise. 2. Requests from the inspection team for the inspected State Party to provide or arrange amenities shall be made in writing by an authorized member of the inspection team 4 using the form contained in Attachment 10. Requests shall be made as soon as the need for amenities has been identified. The provision of such requested amenities shall be certified in writing by the authorized member of the inspection team. Copies of all such certified requests shall be kept by both parties. --------------------------------------------------------------------------- \4\ The name of the authorized member(s) of the inspection team should be communicated to the inspected State Party no later than at the Point of Entry. --------------------------------------------------------------------------- [[Page 158]] 3. The inspection team has the right to refuse extra amenities that in its view are not needed for the conduct of the inspection. Section 11. Liabilities 1. Any claim by the inspected State Party against the Organization or by the Organization against the inspected State Party in respect of any alleged damage or injury resulting from inspections at the facility in accordance with this Agreement, without prejudice to paragraph 22 of the Confidentiality Annex, shall be settled in accordance with international law and, as appropriate, with the provisions of Article XIV of the Convention. Section 12. Status of Attachments 1. The Attachments form an integral part of this Agreement. Any reference to the Agreement includes the Attachments. However, in case of any inconsistency between this Agreement and any Attachment, the sections of the Agreement shall prevail. Section 13. Amendments, Modifications and Updates 1. Amendments to the sections of this Agreement may be proposed by either Party and shall be agreed to and enter into force under the same conditions as provided for under paragraph 1 of Section 15. 2. Modifications to the Attachments of this Agreement, other than Attachment 1 and Part B of Attachment 5, may be agreed upon at any time between the representative of the Organization and the representative of the inspected State Party, each being specifically authorized to do so. The Director-General shall inform the Executive Council about any such modifications. Each Party to this Agreement may revoke its consent to a modification not later than four weeks after it had been agreed upon. After this time period the modification shall take effect. 3. The inspected State Party will update Part A of Attachment 1 and Part B of Attachment 5 and Attachment 6 as necessary for the effective conduct of inspections. The Organization will update Part B of Attachment 1 and Annex 5, subject to paragraph 2 of Section 9, as necessary for the effective conduct of inspections. Section 14. Settlement of Disputes 1. Any dispute between the Parties that may arise out of the application or interpretation of this Agreement shall be settled in accordance with Article XIV of the Convention. Section 15. Entry Into Force 1. This Agreement shall enter into force after approval by the Executive Council and signature by the two Parties. If the inspected State Party has additional internal requirements, it shall so notify the Organization in writing by the date of signature. In such cases, this Agreement shall enter into force on the date that the inspected State Party gives the Organization written notification that its internal requirements for entry into force have been met. Section 16. Duration and Termination 1. This Agreement shall cease to be in force when, as determined by the Executive Council, the provisions of paragraphs 3 and 8 of Article VI and Part VI of the Verification Annex no longer apply to this facility. Done at ---- in ---- copies, in English, each being equally authentic.\5\ --------------------------------------------------------------------------- \5\ The language(s) to be chosen by the inspected State Party from the languages of the Convention shall be the same as the language(s) referred to in paragraph 6 of Section 1 of this Agreement. --------------------------------------------------------------------------- Attachments The following attachments shall be completed where applicable. Attachment 1: General Factors for the Conduct of Inspections Attachment 2: Health and Safety Requirements and Procedures Attachment 3: Specific Arrangements in Relation to the Protection of Confidential Information at the Facility Attachment 4: Arrangements for the Inspection Team's Contacts with the Media or the Public Attachment 5: Inspection Equipment Attachment 6: Information on the Facility Provided in Accordance with Section 6 Attachment 7: Arrangements for Site Tour Attachment 8: Records Routinely Made Available to the Inspection Team at the Facility Attachment 9: Sampling and Analysis for Verification Purposes Attachment 10: Administrative Arrangements Attachment 11: Agreed Procedures for Conducting Interviews Attachment 12: Agreed Procedures for Photography Attachment 1--General Factors for the Conduct of Inspections Part A. To Be Provided and Updated by the inspected State Party: 1. Schedule 1 facility(s) working hours, if applicable: 6----hrs to ----hrs (local time) (days) --------------------------------------------------------------------------- \6\ All references to time use a 24 hour clock. --------------------------------------------------------------------------- 2. Working days: -------------------- 3. Holidays or other non-working days: ________________________________________________________________________ ________________________________________________________________________ [[Page 159]] 4. Inspection activities which could/could not 7 be supported during non-working hours with notation of times and activities: --------------------------------------------------------------------------- \7\ Choose one option. --------------------------------------------------------------------------- ________________________________________________________________________ ________________________________________________________________________ 5. Any other factors that could adversely affect the effective conduct of inspections: (a) inspection requests: Should the facility withhold consent to an inspection, the inspected State Party shall take all appropriate action under its law to obtain a search warrant from a United States magistrate judge. Upon receipt of a warrant, the inspected State Party will accede to the Organization's request to conduct an inspection. Such inspection will be carried out in accordance with the terms and conditions of the warrant. (b) other: ________________________________________________________________________ 6. Other: notification procedures are contained in Annex 6. Part B. To Be Provided and Updated by the Organization: 1. Inspection frequency: ---------------- 2. Inspection intensity: (a) maximum estimated period of inspection (for planning purposes): -------- (b) approximate inspection team size: ---- (c) estimated volume and weight of equipment to be brought on-site: -------- Attachment 2 Health and Safety Requirements and Procedures Part A. Basic Principles: 1. Applicable health and safety regulations of the Organization, with agreed variations from strict implementation, if any: ________________________________________________________________________ ________________________________________________________________________ 2. Health and safety regulations applicable at the facility: (a) federal regulations: ________________________________________________________________________ ________________________________________________________________________ (b) state regulations: ________________________________________________________________________ ________________________________________________________________________ (c) local regulations: ________________________________________________________________________ ________________________________________________________________________ (d) facility regulations: ________________________________________________________________________ ________________________________________________________________________ 3. Health and safety requirements and regulations agreed between the inspected State Party and the Organization: ________________________________________________________________________ ________________________________________________________________________ Part B. Detection and Monitoring: 1. Applicable specific safety standards for workplace chemical exposure limits and/or concentrations which should be observed during the inspection, if any: ________________________________________________________________________ ________________________________________________________________________ 2. Procedures for detection and monitoring in accordance with the Organization's Health and Safety Policy, including data to be collected by, or provided to, the inspection team: ________________________________________________________________________ ________________________________________________________________________ Part C. Protection: 1. Protective equipment to be provided by the Organization and agreed procedures for equipment certification and use, if required: ________________________________________________________________________ ________________________________________________________________________ 2. Protective equipment to be provided by the inspected State Party, and agreed procedures, personnel training, and personnel qualification tests and certification required; and agreed procedures for use of the equipment: ________________________________________________________________________ ________________________________________________________________________ Part D. Medical Requirements: 1. Applicable medical standards of the inspected State Party and, in particular, the inspected facility: ________________________________________________________________________ ________________________________________________________________________ 2. Medical screening procedures for members of the inspection team: ________________________________________________________________________ ________________________________________________________________________ 3. Agreed medical assistance to be provided by the inspected State Party: ________________________________________________________________________ ________________________________________________________________________ 4. Emergency medical evacuation procedures: ________________________________________________________________________ ________________________________________________________________________ 5. Agreed additional medical measures to be taken by the inspection team: ________________________________________________________________________ ________________________________________________________________________ 6. Procedures for emergency response to chemical casualties of the inspection team: ________________________________________________________________________ ________________________________________________________________________ Part E. Modification of Inspection Activities: 1. Modification of inspection activities due to health and safety reasons, and agreed alternatives to accomplish the inspection goals: ________________________________________________________________________ ________________________________________________________________________ Attachment 3--Specific Arrangements in Relation to the Protection of Confidential Information at the Facility Part A. Inspected State Party's Procedures for Designating and Classifying Documents Provided to the Inspection Team: See Annex 3 for the Organization's Policy on Confidentiality and Annex 7 for the inspected State Party's Procedures for Information Control. [[Page 160]] Part B. Specific Procedures for Access by the Inspection Team to Confidential Areas or Materials: ________________________________________________________________________ ________________________________________________________________________ Procedures in Relation to the Certification by the Inspection Team of the Receipt of Any Documents Provided by the Inspected Facility: ________________________________________________________________________ ________________________________________________________________________ Part C. Storage of Confidential Documents at the Inspected Facility: 1. Procedures in relation to the storage of confidential documents or use of a dual control container on-site, if applicable: Information under restrictions provided for in the Confidentiality Annex and as such to be kept in the dual control container under joint seal shall be available to the inspection team leader and/or an inspector designated by him from the beginning of the pre-inspection briefing until the end of the debriefing upon completion of the inspection. If copies of information under dual control are permitted to be attached to the preliminary factual findings by the inspected State Party, they shall be made by the inspected State Party and retained under dual control until the debriefing. Should the medium on which such information is recorded become unusable, it shall be replaced without delay by the representative of the inspected State Party. ________________________________________________________________________ ________________________________________________________________________ 2. The dual control container will be placed ________________________________________________________________________ 3. Information meeting the strict requirements for restriction pursuant to the Confidentiality Annex, and to be maintained in the dual control container located at the inspected facility between inspections is listed below: ---------------------------------------------------------------------------------------------------------------- Reasons for Reference Type of data Recorded media Volume restrictions/ remarks ---------------------------------------------------------------------------------------------------------------- ................... .................. .................. .................. ................... .................. .................. .................. ................... .................. .................. .................. ---------------------------------------------------------------------------------------------------------------- Part D. Procedures for the Removal Off-Site of Any Written Information, Data, and Other Material Gathered by the Inspection Team: ________________________________________________________________________ ________________________________________________________________________ Part E. Procedures for Providing the Representatives of the inspected State Party with Copies of Written Information, Inspector's Notebooks, Data and Other Material Gathered by the Inspection Team: ________________________________________________________________________ ________________________________________________________________________ Part F. Other Arrangements, If Any: 1. Unless specified otherwise, all facility information shall be returned to the inspected State Party at the completion of the inspection. No copies of facility information shall be made in any manner by the inspection team or the Organization. 2. Facility information shall not be released to the public, other States Parties, or the media without the specific permission of the inspected State Party, after consultation with the facility. 3. Facility information shall not be transmitted, copied or retained electronically without the specific permission of the inspected State Party after consultation with the facility. All transmissions of information off-site shall be done in the presence of the inspected State Party. 4. Information not relevant to the purpose of the inspection will be purged from documents, photographs, etc. prior to release to the inspection team. Attachment 4--Arrangements for the Inspection Team's Contacts with the Media or the Public ________________________________________________________________________ ________________________________________________________________________ Attachment 5--Inspection Equipment Part A: List of Equipment: ---------------------------------------------------------------------------------------------------------------- Agreed procedures for use -------------------------------------------------------------------------------- Nature of Alternative for Item of approved inspection restrictions(s) Indication of Special handling meeting inspection equipment (location, time, reason(s) (safety, or storage requirement(s), if periods, etc.), if confidentiality, requirements so required by the any etc.) inspection team ---------------------------------------------------------------------------------------------------------------- ................... .................. .................. ................... .................. .................. ---------------------------------------------------------------------------------------------------------------- Part B. Equipment which the inspected State Party Has Volunteered to Provide: [[Page 161]] ---------------------------------------------------------------------------------------------------------------- Support to be provided, Conditions (timing, Item of equipment Procedures for use if required costs, if any) ---------------------------------------------------------------------------------------------------------------- ........................ ....................... ....................... ---------------------------------------------------------------------------------------------------------------- Part C. Procedures for the Decontamination of Equipment: ------------------------------------------------------------------------ Item of equipment Procedures for use ------------------------------------------------------------------------ ............................. ............................. ------------------------------------------------------------------------ Part D. Agreed On-Site Monitoring Instruments: ________________________________________________________________________ ________________________________________________________________________ Part E. Means of Communication between Inspection Team Sub-Teams: ________________________________________________________________________ ________________________________________________________________________ Request for and Certification of Equipment Available on Site To Be Provided in Accordance With Paragraph 3 of Section 5 Date:___________________________________________________________________ Facility:_______________________________________________________________ Inspection number:______________________________________________________ Name of the authorized member of the inspection team: ________________________________________________________________________ Type and number of item(s) of equipment requested: ________________________________________________________________________ ________________________________________________________________________ Approval of the request by inspected State Party: ________________________________________________________________________ Comments on the request by the inspected State Party: ________________________________________________________________________ ________________________________________________________________________ Indication of the costs, if any, for the use of the equipment requested/ volunteered: ________________________________________________________________________ ________________________________________________________________________ Certification of the authorized member of the inspection team that the requested item(s) of equipment have been provided: ________________________________________________________________________ Comments, if any, by the authorized member of the inspection team in regard to the equipment provided: ________________________________________________________________________ ________________________________________________________________________ Name and signature of the authorized member of the inspection team: ________________________________________________________________________ Name and signature of the representative of the inspected State Party: ________________________________________________________________________ Attachment 6--Information on the Facility Provided in Accordance With Section 6 Part A. Topics of Information for the Pre-Inspection Briefing: ________________________________________________________________________ ________________________________________________________________________ 1. Specification of the elements constituting the declared facility, including their physical location(s) (i.e., detail the areas, equipment, and computers), with indications as to which information may be transferred off-site: ________________________________________________________________________ ________________________________________________________________________ 2. Procedures for unimpeded access within the declared facility: 8 --------------------------------------------------------------------------- \8\ List the areas, equipment, and computers, if any, that are not relevant to the inspection mandate or that contain confidential business information that does not need to be divulged in order to comply with the inspection mandate. --------------------------------------------------------------------------- ________________________________________________________________________ ________________________________________________________________________ 3. Other: ________________________________________________________________________ ________________________________________________________________________ Part B. Any Information about the Facility that the inspected State Party Volunteers to Provide to the Inspection Team during the Pre- Inspection Briefing with Indications as to which May Be Transferred Off- Site: ________________________________________________________________________ ________________________________________________________________________ Attachment 7--Arrangements for Site Tour The inspected State Party may provide a site tour at the request of the inspection team. The inspected State Party may provide explanations to the inspection team during the site tour. ________________________________________________________________________ ________________________________________________________________________ Attachment 8--Records Routinely Made Available to the Inspection Team at the Facility (i.e., Identify Records and Data) ________________________________________________________________________ ________________________________________________________________________ [[Page 162]] Attachment 9--Sampling and Analysis for Verification Purposes Part A. Agreed Sampling Points Chosen with Due Consideration to Existing Sampling Points Used by the Facility(s) Operator(s): ________________________________________________________________________ Part B. Procedures for Taking Samples: ________________________________________________________________________ Part C. Procedures for Sample Handling and Sample Splitting: ________________________________________________________________________ Part D. Procedures for On-Site Sample Analysis, If Any: ________________________________________________________________________ ________________________________________________________________________ Part E. Procedures for Off-Site Analysis, If Any: ________________________________________________________________________ Part F. Procedures for Transporting Samples: ________________________________________________________________________ Part G. Arrangements in Regard to the Payment of Costs Associated with the Disposal or Removal by the inspected State Party of Hazardous Waste Generated during Sampling and On-Site Analysis during the Inspection: ________________________________________________________________________ Attachment 10--Administrative Arrangements Part A. The Amenities Detailed Below Shall Be Provided to the Inspection Team by the inspected State Party, Subject to Payment as Indicated in Part B Below: 1. International and local official communication (telephone, fax), including calls/faxes between site and headquarters: ________________________________________________________________________ 2. Vehicles:___________________________________________________________ 3. Working room, including adequate space for the storage of equipment: ________________________________________________________________________ 4. Lodging:____________________________________________________________ 5. Meals:______________________________________________________________ 6. Medical care:_______________________________________________________ 7. Interpretation Services: (a) number of interpreters:____________________________________________ (b) estimated interpretation time:_____________________________________ (c) languages:_________________________________________________________ 8. Other: ________________________________________________________________________ ________________________________________________________________________ Part B. Distribution of Costs for Provision of Amenities by the inspected State Party (check one option for each amenity provided as appropriate): ---------------------------------------------------------------------------------------------------------------- To be paid by the To be paid by the To be paid directly by inspection team on inspected State Party Paragraphs 1-8 in the Organization after behalf of the and subsequently To be paid by the Part A above the inspection Organization during reimbursed by the inspected State Party the in-country period Organization ---------------------------------------------------------------------------------------------------------------- 1 ...................... ...................... ..................... ..................... 2 ...................... ...................... ..................... ..................... 3 ...................... ...................... ..................... ..................... 4 ...................... ...................... ..................... ..................... 5 ...................... ...................... ..................... ..................... 6 ...................... ...................... ..................... ..................... 7 ...................... ...................... ..................... ..................... 8 ...................... ...................... ..................... ..................... ---------------------------------------------------------------------------------------------------------------- Part C. Other Arrangements. 1. Number of sub-teams (consisting of no less than two inspectors per sub-team) to be accommodated: ------ Request for and Certification of Amenities To Be Provided or Arranged Date:___________________________________________________________________ Facility:_______________________________________________________________ Inspection number:______________________________________________________ Category of amenities requested:________________________________________ ________________________________________________________________________ Description of amenities requested:_____________________________________ ________________________________________________________________________ Approval of the request by the inspected State Party: ________________________________________________________________________ Comments on the request by the inspected State Party: ________________________________________________________________________ ________________________________________________________________________ Indication of the costs for the amenities requested: ________________________________________________________________________ ________________________________________________________________________ Certification of the authorized member of the inspection team that the requested amenities have been provided: ________________________________________________________________________ Comments by the authorized member of the inspection team in regard to the quality of the amenities provided: ________________________________________________________________________ ________________________________________________________________________ Name and signature of the authorized member of the inspection team: ________________________________________________________________________ Name and signature of the representative of the inspected State Party: ________________________________________________________________________ [[Page 163]] Attachment 11--Agreed Procedures for Conducting Interviews ________________________________________________________________________ ________________________________________________________________________ Attachment 12--Agreed Procedures for Photography ________________________________________________________________________ ________________________________________________________________________ Annexes Note: These annexes, inter alia, can be attached if requested by the inspected State Party. Annex 1: Organization's Media and Public Relations Policy Annex 2: Organization's Health and Safety Policy and Regulations Annex 3: Organization's Policy on Confidentiality Annex 4: Facility Declaration Annex 5: Preliminary and Final Inspection Report Formats Annex 6: Inspected State Party's Procedures for Inspection Notification Annex 7: Inspected State Party's Procedures for Information Control Supplement No. 3 to Part 716--Schedule 2 Model Facility Agreement Draft Facility Agreement between the Organization for the Prohibition of Chemical Weapons and the Government of the United States of America Regarding On-Site Inspections at the ------ Schedule 2 Plant Site Located at ------------ The Organization for the Prohibition of Chemical Weapons, hereinafter referred to as ``Organization,'' and the Government of the United States of America, hereinafter referred to as ``inspected State Party,'' both constituting the Parties to this Agreement, have agreed on the following arrangements in relation to the conduct of inspections pursuant to paragraph 4 of Article VI of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, hereinafter referred to as ``the Convention,'' at (insert name of the plant site, its precise location, including the address), declared under paragraphs 7 and 8 of Article VI, hereinafter referred to as ``plant site'': Section 1. General Provisions 1. The purpose of this Agreement is to facilitate the implementation of the provisions of the Convention in relation to inspections conducted at the plant site pursuant to paragraph 4 of Article VI of the Convention, and in accordance with the obligations of the inspected State Party and the Organization under the Convention. 2. Nothing in this Agreement shall be applied or interpreted in a way that is contradictory to the provisions of the Convention, including paragraph 1 of Article VII.1 In case of inconsistency between this Agreement and the Convention, the Convention shall prevail. --------------------------------------------------------------------------- \1\ Each State Party shall, in accordance with its constitutional processes, adopt the necessary measures to implement its obligations under this Convention. --------------------------------------------------------------------------- 3. The Parties have agreed to apply for planning purposes the general factors contained in Attachment 1. 4. The frequency and intensity of inspections at the plant site are given in Part B of Attachment 1 and reflect the risk assessment of the Organization conducted pursuant to paragraphs 18, 20 and 24 of Part VII of the Verification Annex. 5. The inspection team shall consist of no more than ---- persons. 6. The language for communication between the inspection team and the inspected State Party during inspections shall be English. 7. The period of inspection shall not last more than ninety-six (96) hours, unless an extension has been agreed to by the inspected State Party and the inspection team. 8. In case of any development due to circumstances brought about by unforeseen events or acts of nature, which could affect inspection activities at the plant site, the inspected State Party shall notify the Organization and the inspection team as soon as practically possible. 9. In case of need for the urgent departure, emergency evacuation or urgent travel of inspector(s) from the territory of the inspected State Party, the inspection team leader shall inform the inspected State Party of such a need. The inspected State Party shall arrange without undue delay such departure, evacuation or travel. In all cases, the inspected State Party shall determine the means of transportation and routes to be taken. The costs of such departure, evacuation or travel of inspectors shall be borne by the Organization. 10. Inspectors shall wear identification badges at all times when on the premises of the plant site. Section 2. Health and Safety 1. Health and safety matters during inspections are governed by the Convention, the Organization's Health and Safety Policy and Regulations, and applicable national, local and plant site safety and environmental regulations. The specific arrangements for implementing the relevant provisions of the Convention and the Organization's Health and Safety Policy in relation to inspections [[Page 164]] at the plant site are contained in Attachment 2. 2. Pursuant to paragraph 1 of this section, all applicable health and safety regulations relevant to the conduct of the inspection at the plant site are listed in Attachment 2 and shall be made available for use by the inspection team at the plant site. 3. In case of the need to modify any health-and safety-related arrangements at the plant site contained in Attachment 2 to this Agreement bearing on the conduct of inspections, the inspected State Party shall notify the Organization. Any such modification shall apply provisionally until the inspected State Party and the Organization have reached agreement on this issue. In case no agreement has been reached by the time of the completion of the inspection, the relevant information may be included in the preliminary factual findings. Any agreed modification shall be recorded in Attachment 2 to this Agreement in accordance with paragraph 2 of Section 12 of this Agreement. 4. In the course of the pre-inspection briefing the inspection team shall be briefed by the representatives of the plant site on all health and safety matters which, in the view of those representatives, are relevant to the conduct of the inspection at the plant site, including: (a) the health and safety measures at the Schedule 2 plant(s) to be inspected and the likely risks that may be encountered during the inspection; (b) any additional health and safety or regulations that need to be observed at the plant site; (c) procedures to be followed in case of an accident or in case of other emergencies, including a briefing on emergency signals, routes and exits, and the location of emergency meeting points and medical facilities; and (d) specific inspection activities which must be limited within particular areas at the plant site, and in particular within those Schedule 2 plant(s) to be inspected under the inspection mandate, for reasons of health and safety. Upon request, the inspection team shall certify receipt of any such information if it is provided in written form. 5. During the course of an inspection, the inspection team shall refrain from any action which by its nature could endanger the safety of the team, the plant site, or its personnel or could cause harm to the environment. Should the inspected State Party refuse certain inspection activities, it may explain the circumstances and safety considerations involved, and shall provide alternative means for accomplishing the inspection activities. 6. In the case of emergency situations or accidents involving inspection team members while at the plant site, the inspection team shall comply with the plant site's emergency procedures and the inspected State Party shall to the extent possible provide medical and other assistance in a timely and effective manner with due regard to the rules of medical ethics if medical assistance is requested. Information on medical services and facilities to be used for this purpose is contained in Part D of Attachment 2. If the Organization undertakes other measures for medical support in regard to inspection team members involved in emergency situations or accidents, the inspected State Party will render assistance to such measures to the extent possible. The Organization will be responsible for the consequences of such measures. 7. The inspected State party shall, to the extent possible, assist the Organization in carrying out any inquiry into an accident or incident involving a member of the inspection team. 8. If, for health and safety reasons given by the inspected State Party, health and safety equipment of the inspected State Party is required to be used by the inspection team, the cost so incurred shall be borne by the inspected State Party. 9. The inspection team may use its own approved health and safety equipment. If the inspected State Party determines it to be necessary, the inspected State Party shall conduct a fit test on masks brought with the inspection team. If the inspected State Party so requests on the basis of confirmed contamination or hazardous waste requirements or regulations, any such piece of equipment involved in the inspection activities will be left at the plant site at the end of the inspection. The inspection team reserves the right to destroy equipment left at the plant site or witness its destruction by agreed procedures. The inspected State Party will reimburse the Organization for the loss of the inspection team's equipment. 10. In accordance with the Organization's Health and Safety Policy, the inspected State Party may provide available data based on detection and monitoring, to the agreed extent necessary to satisfy concerns that may exist regarding the health and safety of the inspection team. Section 3. Confidentiality 1. Matters related to confidentiality are governed by the Convention, including its Confidentiality Annex and paragraph 1 of Article VII, and the Organization's Policy on Confidentiality. The specific arrangements for implementing the provisions of the Convention and the Organization's Policy on Confidentiality in relation to the protection of confidential information at the plant site are contained in Attachment 3. 2. Upon request, the inspected State Party will procure a container to be placed under joint seal to maintain documents that the [[Page 165]] inspection team, inspected State Party, or the plant site representative decides to keep as reference for future inspections. The inspected State Party shall be reimbursed by the Organization for the purchase of such container. 3. All documents, including photographs, provided to the inspection team will be controlled as follows: (a) Information to be taken off-site. Information relevant to the finalization of the preliminary factual findings that the inspected State Party permits the inspection team to take off-site will be marked and numbered by the inspected State Party. In accordance with the inspected State Party's Procedures for Information Control, markings on the information will clearly state that the inspection team may take it off-site and will contain a classification pursuant to the Organization's Policy on Confidentiality at a level requested by the inspected State Party. The representative of the plant site will acknowledge the release of such information in writing prior to disclosure to the inspection team. (b) Information restricted for use on-site. Information that the inspected State Party permits the inspection team to use on-site during inspections but not take off-site will be marked and numbered by the inspected State Party. In accordance with the inspected State Party's Procedures for Information Control, markings on the information will clearly restrict its use on-site and will contain a classification pursuant to the Organization's Policy on Confidentiality at a level requested by the inspected State Party. The representative of the plant site will acknowledge the release of such information in writing prior to disclosure to the inspection team. Upon conclusion of the inspection, the inspection team shall return the information to the inspected State Party, and the plant site representative shall acknowledge receipt in writing. If so requested by the inspection team, the information can be placed in the joint sealed container for future reference. (c) Information restricted for use on-site and requiring direct supervision. Information that the inspected State Party permits the inspection team to use on-site only under direct supervision of the inspected State Party or the representative of the inspected plant site will be marked and numbered by the inspected State Party. In accordance with the inspected State Party's Procedures for Information Control, markings on the information will clearly restrict its use on-site under direct supervision and will contain a classification pursuant to the Organization's Policy on Confidentiality at a level requested by the inspected State Party. The representative of the plant site will acknowledge the release of such information in writing prior to disclosure to the inspection team. The inspection team shall return the information to the inspected State Party immediately upon completion of review and the plant site representative shall acknowledge receipt in writing. If so requested by the inspection team, the information can be placed in the joint sealed container for future reference. Section 4. Media and Public Relations 1. Inspection team media and public relations are governed by the Organization's Media and Public Relations Policy. The specific arrangements for the inspection team's contacts with the media or the public, if any, in relation to inspections of the plant site are contained in Attachment 4. Section 5. Inspection Equipment 1. As agreed between the inspected State Party and the Organization, the approved equipment listed in Part A of Attachment 5 and with which the inspected State Party has been given the opportunity to familiarize itself will, at the discretion of the Organization and on a routine basis, be used specifically for the Schedule 2 inspection. The equipment will be used in accordance with the Convention, the relevant decisions taken by the Conference of States Parties, and any agreed procedures contained in Attachment 5. 2. The provisions of paragraph 1 above are without prejudice to paragraphs 27 to 29 of Part II of the Verification Annex. 3. The items of equipment available on-site and not belonging to the Organization which the inspected State Party has volunteered to provide to the inspection team upon its request for use on-site during the conduct of inspections, together with any procedures for the use of such equipment, if required, any requested support which can be provided, and conditions for the provision of equipment are listed in Part B of Attachment 5. Prior to any use of such equipment, the inspection team may confirm that the performance characteristics of such equipment are consistent with those for similar Organization-approved equipment, or-- with respect to items of equipment which are not on the list of Organization-approved equipment--are consistent with the intended purpose for using such equipment.\2\ --------------------------------------------------------------------------- \2\ I.e., the inspection team may confirm that the performance characteristics of such equipment meet the technical requirements necessary to support the inspection task intended to be accomplished. --------------------------------------------------------------------------- 4. Requests from the inspection team for the inspected State Party during the inspection to provide equipment mentioned in paragraph 3 above shall be made in writing by an authorized member of the inspection team using the form contained in Attachment 5. The same procedure will also apply to other requests of the inspection team in [[Page 166]] accordance with paragraph 30 of Part II of the Verification Annex. 5. Agreed procedures for the decontamination of any equipment are contained in Part C of Attachment 5. Section 6. Pre-Inspection Activities 1. The inspection team shall be given a pre-inspection briefing by the representatives of the plant site in accordance with paragraph 37 of Part II of the Verification Annex. The pre-inspection briefing shall include: (a) information on the plant site as described in Attachment 6; (b) health and safety specifications described in Section 2 above and detailed in Attachment 2; (c) any changes to the above-mentioned information since the last inspection; and (d) information on administrative and logistical arrangements additional to those contained in Attachment 11, if any, that shall apply during the inspection, as contained in Section 9. 2. Any information about the plant site that the inspected State Party has volunteered to provide to the inspection team during the pre- inspection briefing with indications as to which information may be transferred off-site is referenced in Part B of Attachment 6. Section 7. Conduct of the Inspection 7.1 Standing Arrangements 1. The inspection period shall begin immediately upon completion of the pre-inspection briefing unless agreed otherwise. 2. Upon conclusion of the pre-inspection briefing, the inspection team leader shall provide to the designated representative of the inspected State Party a preliminary inspection plan to facilitate the conduct of the inspection. 3. Arrangements for the conduct of a site tour, if any, are contained in Attachment 7 to this Agreement. 4. Before commencement of inspection activities, the inspection team leader shall inform the representative of the inspected State Party about the initial steps to be taken in implementing the inspection plan. The plan will be adjusted by the inspection team as circumstances warrant throughout the inspection process in consultation with the inspected State Party as to its implementability in regard to paragraph 40 of Part II of the Verification Annex.\3\ --------------------------------------------------------------------------- \3\ 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 plant site inspected. The inspection team shall avoid unnecessarily hampering or delaying the operation of the plant site and avoid affecting its safety. In particular, the inspection team shall not operate the plant site. If the inspection team considers that, to fulfil the mandate, particular operations should be carried out at the plant site, it shall request the designated representative of the plant site to have them performed. --------------------------------------------------------------------------- 5. The inspection team leader shall inform the representative of the inspected State Party during the inspection in a timely manner about each subsequent step to be taken by the inspection team in implementing the inspection plan. Without prejudice to paragraph 40 of Part II of the Verification Annex, this shall be done in time to allow the inspected State Party to arrange for the necessary measures to be taken to provide access and support to the inspection team as appropriate without causing unnecessary delay in the conduct of inspection activities. 6. At the beginning of the inspection, the inspection team shall have the right to confirm the precise location of the plant site utilizing visual and map reconnaissance, a site diagram, or other suitable techniques. 7. The inspection team shall, upon request of the inspected State Party, communicate with the personnel of the plant site only in the presence of or through a representative of the inspected State Party. 8. The inspected State Party shall, upon request, provide a securable work space for the inspection team, including adequate space for the storage of equipment. The inspection team shall have the right to seal its work space. For ease of inspection, the inspected State Party will work with the plant site representative to provide work space at the plant site, if possible. 7.2 Access to and Inspection of Areas, Buildings and Structures 1. The focus of the inspection shall be the declared Schedule 2 plant(s) within the declared plant site as referenced in Attachment 8. If the inspection team requests access to other parts of the plant site, access to these areas shall be granted in accordance with the obligation to provide clarification pursuant to paragraph 51 of Part II and paragraph 25 of Part VII of the Verification Annex, and in accordance with Attachment 8. 2. Pursuant to paragraph 45 of Part II of the Verification Annex, the inspection team shall have unimpeded access to the declared Schedule 2 plant(s) in accordance with the relevant Articles and Annexes of the Convention and Attachments 8, 9, and 10. Areas of the declared plant(s) likely to be inspected are mentioned in paragraph 28 of Part VII of the Verification Annex. Pursuant to Section C of Part X of the Verification Annex, the inspection team shall have managed access to [[Page 167]] the other areas of the plant site. Procedures for access to these areas are contained in Attachment 8. 7.3 Access to and Inspection of Documentation and Records 1. The agreed list of the documentation and records to be routinely made available for inspection purposes, mentioned in paragraph 26 of Part VII of the Verification Annex, to the inspection team by the inspected State Party during an inspection, as well as arrangements with regard to access to such records for the purpose of protecting confidential information, are contained in Attachment 9. Such documentation and records will be provided upon request. 2. Only those records placed in the custody of the inspection team that are attached to the preliminary factual findings in accordance with Section 3 may leave the premises. Those records placed in the custody of the inspection team that are not attached to the preliminary factual findings must be retained in the on-site container or returned to the inspected State Party. 7.4 Sampling and Analysis 1. Without prejudice to paragraphs 52 to 58 of Part II of the Verification Annex, procedures for sampling and analysis for verification purposes as mentioned in paragraph 27 of Part VII of the Verification Annex are contained in Attachment 10 of this Agreement. 2. Sampling and analysis, for inspection purposes, may be carried out to check whether undeclared scheduled chemicals are detected. Each such sample will be split into a minimum of four parts at the request of the inspection team in accordance with Part C of Attachment 10. One part shall be analyzed in a timely manner on-site. The second part of the split sample may be controlled by the inspection team for future reference and, if necessary, analysis off-site at laboratories designated by the Organization. That part of the sample may be destroyed at any time in the future upon the decision of the inspection team but in any case no later than 60 days after it was taken. The third part may be retained by the inspected State Party. The fourth part may be retained by the plant site. 3. Pursuant to paragraph 52 of the Part II of the Verification Annex, representatives of the inspected State Party or plant site shall take samples at the request of the inspection team in the presence of inspectors. The inspected State Party will inform the inspection team of the authorized plant site representative's \4\ determination of whether the sample shall be taken by representatives of the plant site or the inspection team or other individuals present. If inspectors are granted the right to take samples themselves in accordance with paragraph 52 of Part II of the Verification Annex, the relevant advance agreement between the inspection team and the inspected State Party shall be in writing. The representatives of the inspected State Party and the inspected plant site shall have the right to be present during sampling. Agreed conditions and procedures for such sample collection are contained in Part B of Attachment 10 to this Agreement. --------------------------------------------------------------------------- \4\ The authorized plant site representative is the owner or the operator, occupant or agent in charge of the premises being inspected. --------------------------------------------------------------------------- 4. Plant site sampling equipment shall as a rule be used for taking samples required for the purposes of the inspection. This is without prejudice to the right of the inspection team pursuant to paragraph 27 of Part II of the Verification Annex to use its own approved sampling equipment in accordance with paragraph 1 of Section 5 and Parts A and B of Attachment 5 to this Agreement. 5. Should the inspection team request that a sample be taken and the inspected State Party be unable to accede or agree to the request, the inspected State Party will make every reasonable effort to satisfy the inspection team's concerns by other means to enable the inspection team to fulfil its mandate. The inspected State Party will provide a written explanation for its inability to accede or agree to the request. Any such response shall be supported by relevant document(s). The explanation of the inspected State Party shall be included in the preliminary factual findings. 6. In accordance with paragraph 53 of Part II of the Verification Annex, where possible, the analysis of samples shall be performed on- site and the inspection team shall have the right to perform on-site analysis of samples using approved equipment brought by it for the splitting, preparation, handling, analysis, integrity and transport of samples. The assistance that will be provided by the inspected State Party and the analysis procedures to be followed are contained in Part D of Attachment 10 to this Agreement. 7. The inspection team may request the inspected State Party to perform the analysis in the inspection team's presence. The inspection team shall have the right to be present during any sampling and analysis conducted by the inspected State Party. 8. The results of such analysis shall be reported in writing as soon as possible after the sample is taken. 9. The inspection team shall have the right to request repeat analysis or clarification in connection with ambiguities. [[Page 168]] 10. If at any time, and for any reason, on-site analysis is not possible, the inspection team has the right to have sample(s) analyzed off-site at Organization-designated laboratories. In selecting such designated laboratories for the off-site analysis, the Organization will give due regard to requirements of the inspected State Party. 11. Transportation of samples will be in accordance with the procedures outlined in Part E of Attachment 10. 12. If at any time, the inspected State Party or plant site representative determines that inspection team on-site analysis activities are not in accordance with the facility agreement or agreed analysis procedures, or otherwise pose a threat to safety or environmental regulations or laws, the inspected State Party, in consultation with the plant site representative, will cease these on- site analysis activities pending resolution. If both parties cannot agree to proceed with the analysis, the inspection team will document this in its preliminary factual findings. 13. Conditions and procedures for the disposal of hazardous materials generated during sampling and on-site analysis during the inspection are contained in Part F of Attachment 10 to this Agreement. 7.5 Arrangements for Interviews 1. The inspection team shall have the right, subject to applicable United States legal protections for individuals, to interview any plant site personnel in the presence of representatives of the inspected State Party with the purpose of establishing relevant facts in accordance with paragraph 46 of Part II of the Verification Annex and inspected State Party's policy and procedures. Agreed procedures for conducting interviews are contained in Attachment 12. 2. The inspection team will submit to the inspected State Party names and/or positions of those desired for interviews. The requested individual(s) will be made available to the inspection team no later than 24 hours after submission of the formal request, unless agreed otherwise. The inspection team may also be requested to submit questions in writing prior to conducting interviews. The specific timing and location of interviews will be determined with the plant site in coordination with the inspected State Party and consistent with adequate notification of the interviewees, and minimizing the operation impacts on the plant site and individuals to be interviewed. 3. The inspected State Party may recommend to the inspection team that interviews be conducted in either ``panel'' or individual formats. At a minimum, interviews will be conducted with a member of the plant site staff and an inspected State Party representative. Legal counsel may also be required to be present by the inspected State Party. The interview may be interrupted for consultation between the interviewee, the plant site representative, the inspected State Party representative, and legal counsel. 4. The inspected State Party will have the right to restrict the content of interviews to information directly related to the mandate or purpose of the inspection. 5. Outside the interview process and in discharging their functions, inspectors shall communicate with personnel of the plant site only through the representative(s) of the inspected State Party. 7.6 Communications 1. In accordance with paragraph 44 of Part II of the Verification Annex, the inspection team shall have the right to communicate with the headquarters of the Technical Secretariat. For this purpose they may use their own, duly certified approved equipment, in accordance with paragraph 1 of Section 5. The representative of the inspected plant site retains the right to control the use of communications equipment in specific areas, building or structures if such use would be incompatible with applicable safety or fire regulations. 2. In case the inspection team and the inspected State Party agree to use any of the inspected State Party's communications equipment, the list of such equipment and the provisions for its use are contained in Part B of Attachment 5 to this Agreement. 3. The agreed means of communication between inspection team sub- teams in accordance with paragraph 44 of Part II of the Verification Annex are contained in Part D of Attachment 5. 7.7 Photographs 1. In accordance with the provisions of paragraph 48 of Part II of the Verification Annex, the Confidentiality Annex and inspected State Party's policy and procedures, the inspection team shall have the right to have photographs taken at their request by the representatives of the inspected State Party or the inspected plant site. One camera of the instant development type furnished by the inspection team or the inspected State Party shall be used for taking identical photographs in sequence. Cameras furnished by the inspection team will remain either in their work space or equipment storage area except when carried by inspection team members for a specific inspection activity. Cameras will only be used for specified inspection purposes. Personal cameras are not allowed to be taken to the plant site. 2. Pursuant to the Confidentiality Annex, the inspected State Party, in consultation with the plant site representative, shall have the right to determine that contents of the photographs conform to the stated purpose of the photographs. The inspection team [[Page 169]] shall determine whether photographs conform to those requested and, if not, repeat photographs shall be taken. Photographs that do not meet the satisfaction of both sides will be destroyed by the inspected State Party in the presence of the inspection team. The inspection team, the inspected State Party and the plant site, if so requested, shall each retain one copy of every photograph. The copies shall be signed, dated, and classified, in accordance with Section 3, and note the location and subject of the photograph and carry the same identification number. Agreed procedures for photography are contained in Attachment 13. 3. The representative of the inspected plant site has the right to object to the use of photographic equipment in specific areas, buildings or structures if such use would be incompatible with safety or fire regulations given the characteristics of the chemicals stored in the area in question. Restrictions for use are contained in Parts A and/or B of Attachment 5 to this Agreement. If the objection is raised due to safety concerns, the inspected State Party will, if possible, furnish photographic equipment that meets the regulations. If the use of photographic equipment is not permissible at all in specific areas, buildings or structures for the reasons stated above, the inspected State Party shall provide a written explanation of its objection to the inspection team leader. The explanation, along with the inspection team leader's comments will be included in the inspection team's preliminary factual findings. Section 8. Debriefing and Preliminary Findings 1. In accordance with paragraph 60 of Part II of the Verification Annex, upon completion of an inspection the inspection team shall meet with representatives of the inspected State Party and the personnel responsible for the inspection site to review the preliminary findings of the inspection team and to clarify any ambiguities. The inspection team shall provide to the representatives of the inspected State Party its preliminary findings in written form according to a standardized format, together with a list of any samples and copies of written information and data gathered and other material to be taken off-site. The document shall be signed by the head of the inspection team. In order to indicate that he has taken notice of the content of this document, the representative of the inspected State Party shall countersign the document. The meeting shall be completed not later than 24 hours after the completion of the inspection. 2. The document on preliminary findings shall also include, inter alia, the list of results of analysis, if conducted on-site, records of seals, and copies of photographs to be retained by the inspection team. It will be prepared in accordance with the preliminary findings format referenced in Annex 5. Any substantive changes to this format will be made only after consultation with the inspected State Party. 3. Before the conclusion of the debriefing, the inspected State Party may provide comments and clarifications to the inspection team on any issue related to the conduct of the inspection. The inspection team shall provide to the representative of the inspected State Party its preliminary findings in written form sufficiently prior to the conclusion of the debriefing to permit the inspected State Party to prepare any comments and clarifications. The inspected State Party's written comments and clarifications shall be attached to the document on preliminary findings. 4. The inspection team shall depart from the site upon the conclusion of the meeting on preliminary findings. Section 9. Administrative Arrangements 1. The inspected State Party shall provide or arrange for the provision of the amenities listed in detail in Attachment 11 to the inspection team in a timely manner throughout the duration of the inspection. The inspected State Party shall be reimbursed by the Organization for such costs incurred by the inspection team, unless agreed otherwise. 2. Requests from the inspection team for the inspected State Party to provide or arrange amenities shall be made in writing by an authorized member of the inspection team \5\ using the form contained in Attachment 11. Requests shall be made as soon as the need for amenities has been identified. The provision of such requested amenities shall be certified in writing by the authorized member of the inspection team. Copies of all such certified requests shall be kept by both parties. --------------------------------------------------------------------------- \5\ The name of the authorized member(s) of the inspection team should be communicated to the inspected State Party no later than at the Point of Entry. --------------------------------------------------------------------------- 3. The inspection team has the right to refuse extra amenities that in its view are not needed for the conduct of the inspection. Section 10. Liabilities 1. Any claim by the inspected State Party against the Organization or by the Organization against the inspected State Party in respect of any alleged damage or injury resulting from inspections at the plant site in accordance with this Agreement, without prejudice to paragraph 22 of the Confidentiality Annex, shall be settled in accordance with international law and, as appropriate, with the provisions of Article XIV of the Convention. [[Page 170]] Section 11. Status of Attachments 1. The Attachments form an integral part of this Agreement. Any reference to the Agreement includes the Attachments. However, in case of any inconsistency between this Agreement and any Attachment, the sections of the Agreement shall prevail. Section 12. Amendments, Modifications and Updates 1. Amendments to the sections of this Agreement may be proposed by either Party and shall be agreed to and enter into force under the same conditions as provided for under paragraph 1 of Section 14. 2. Modifications to the Attachments of this Agreement, other than Attachment 1 and Part B of Attachment 5, may be agreed upon at any time between the representative of the Organization and the representative of the inspected State Party, each being specifically authorized to do so. The Director-General shall inform the Executive Council about any such modifications. Each Party to this Agreement may revoke its consent to a modification not later than four weeks after it had been agreed upon. After this time period the modification shall take effect. 3. The inspected State Party will update Part A of Attachment 1 and Part B of Attachment 5, and Attachment 6 as necessary for the effective conduct of inspections. The Organization will update Part B of Attachment 1 and Annex 5, subject to paragraph 2 of Section 8, as necessary for the effective conduct of inspections. Section 13. Settlement of Disputes 1. Any dispute between the Parties that may arise out of the application or interpretation of this Agreement shall be settled in accordance with Article XIV of the Convention. Section 14. Entry into Force 1. This Agreement shall enter into force after approval by the Executive Council and signature by the two Parties. If the inspected State Party has additional internal requirements, it shall so notify the Organization in writing by the date of signature. In such cases, this Agreement shall enter into force on the date that the inspected State Party gives the Organization written notification that its internal requirements for entry into force have been met. Section 15. Duration and Termination. 1. This Agreement shall cease to be in force when the provisions of paragraph 12 of Part VII of the Verification Annex no longer apply to this plant site, except if the continuation of the Agreement is agreed by mutual consent of the Parties. Done at ------ in ------ copies, in English, each being equally authentic.\6\ --------------------------------------------------------------------------- \6\ The language(s) to be chosen by the inspected State Party from the languages of the Convention shall be the same as the language(s) referred to in paragraph 6 of Section 1 of this Agreement. --------------------------------------------------------------------------- Attachments The following attachments shall be completed where applicable. Attachment 1: General Factors for the Conduct of Inspections Attachment 2: Health and Safety Requirements and Procedures Attachment 3: Specific Arrangements in Relation to the Protection of Confidential Information at the Plant Site Attachment 4: Arrangements for the Inspection Team's Contacts with the Media or the Public Attachment 5: Inspection Equipment Attachment 6: Information on the Plant Site Provided in Accordance with Section 6 Attachment 7: Arrangements for Site Tour Attachment 8: Access to the Plant Site in Accordance with Section 7.2. Attachment 9: Records Routinely Made Available to the Inspection Team at the Plant Site Attachment 10: Sampling and Analysis for Verification Purposes Attachment 11: Administrative Arrangements Attachment 12: Agreed Procedures for Conducting Interviews Attachment 13: Agreed Procedures for Photography Attachment 1--General Factors for the Conduct of Inspections Part A. To Be Provided and Updated by the inspected State Party: 1. Plant site: -------- (a) working hours: 7 -------- hrs to -------- hrs (local time) (days) --------------------------------------------------------------------------- \7\ All references to time use a 24 hour clock. --------------------------------------------------------------------------- (b) working days:_______________________________________________________ (c) holidays or other non-working days:_________________________________ ________________________________________________________________________ 2. Schedule 2 plant(s): (a) working hours, if applicable: -------- hrs to -------- hrs (days) (b) working days:_______________________________________________________ (c) holidays or other non-working days:_________________________________ ________________________________________________________________________ 3. Inspection activities which could/could not 8 be supported during non-working hours with notation of times and activities: --------------------------------------------------------------------------- \8\ Choose one option. --------------------------------------------------------------------------- ________________________________________________________________________ 4. Any other factors that could adversely affect the effective conduct of inspections: (a) inspection requests: [[Page 171]] Should the plant site withhold consent to an inspection, the inspected State Party shall take all appropriate action under its law to obtain a search warrant from a United States magistrate judge. Upon receipt of a warrant, the inspected State Party will accede to the Organization's request to conduct an inspection. Such inspection will be carried out in accordance with the terms and conditions of the warrant. (b) other: ________________________________________________________________________ ________________________________________________________________________ 5. Other: Notification procedures are contained in Annex 6. Part B. To Be Provided and Updated by the Organization: 1. Inspection frequency:________________________________________________ 2. Inspection intensity: (a) maximum estimated period of inspection (for planning purposes): 9____________________________________________________________ --------------------------------------------------------------------------- \9\ Any figure indicated is without prejudice to paragraph 29 of Part VII of the Verification Annex. --------------------------------------------------------------------------- (b) approximate inspection team size:___________________________________ (c) estimated volume and weight of equipment to be brought on-site:_____ Attachment 2--Health and Safety Requirements and Procedures Part A. Basic Principles: 1. Applicable health and safety regulations of the Organization, with agreed variations from strict implementation, if any: ________________________________________________________________________ 2. Health and safety regulations applicable at the plant site: (a) federal regulations: ________________________________________________________________________ (b) state regulations: ________________________________________________________________________ (c) local regulations: ________________________________________________________________________ (d) plant site regulations: ________________________________________________________________________ 3. Health and safety requirements and regulations agreed between the inspected State Party and the Organization: ________________________________________________________________________ Part B. Detection and Monitoring: 1. Applicable specific safety standards for workplace chemical exposure limits and/or concentrations which should be observed during the inspection, if any: ________________________________________________________________________ 2. Procedures, if any, for detection and monitoring in accordance with the Organization's Health and Safety Policy, including data to be collected by, or provided to, the inspection team: ________________________________________________________________________ Part C. Protection: 1. Protective equipment to be provided by the Organization and agreed procedures for equipment certification and use, if required: ________________________________________________________________________ 2. Protective equipment to be provided by the inspected State Party, and agreed procedures, personnel training, and personnel qualification tests and certification required; and agreed procedures for use of the equipment: ________________________________________________________________________ Part D. Medical Requirements: 1. Applicable medical standards of the inspected State Party and, in particular, the inspected plant site: ________________________________________________________________________ 2. Medical screening procedures for members of the inspection team: ________________________________________________________________________ 3. Agreed medical assistance to be provided by the inspected State Party: ________________________________________________________________________ 4. Emergency medical evacuation procedures: ________________________________________________________________________ 5. Agreed additional medical measures to be taken by the inspection team: ________________________________________________________________________ 6. Procedures for emergency response to chemical casualties of the inspection team: ________________________________________________________________________ Part E. Modification of Inspection Activities: 1. Modification of inspection activities due to health and safety reasons, and agreed alternatives to accomplish the inspection goals: ________________________________________________________________________ Attachment 3--Specific Arrangements in Relation to the Protection of Confidential Information at the Plant Site Part A. Inspected State Party's Procedures for Designating and Classifying Documents Provided to the Inspection Team: See Annex 3 for the Organization's Policy on Confidentiality and Annex 7 for the inspected State Party's Procedures for Information Control. Part B. Specific Procedures for Access by the Inspection Team to Confidential Areas or Materials: ________________________________________________________________________ Part C. Procedures in Relation to the Certification by the Inspection Team of the Receipt of Any Documents Provided by the Inspected Plant Site: ________________________________________________________________________ ________________________________________________________________________ Part D. Storage of Confidential Documents at the Inspected Plant Site: 1. Procedures in relation to the storage of confidential documents or use of a dual control container on-site, if applicable: Information under restrictions provided for in the Confidentiality Annex and as such to be kept in the dual control container under joint seal shall be available to the inspection team leader and/or an inspector designated [[Page 172]] by him from the beginning of the pre-inspection briefing until the end of the debriefing upon completion of the inspection in accordance with Section 3. If copies of information under dual control are permitted to be attached to the preliminary factual findings by the inspected State Party, they shall be made by the inspected State Party and retained under dual control until the debriefing. Should the medium on which such information is recorded become unusable, it shall be replaced without delay by the representative of the inspected State Party. 2. The dual control container will be placed___________________________ ________________________________________________________________________ 3. Information meeting the strict requirements for restriction pursuant to the Confidentiality Annex, and to be maintained in the dual control container located at the inspected plant site between inspections is listed below: ---------------------------------------------------------------------------------------------------------------- Reasons for Reference Type of data Recorded media Volume restrictions/ remarks ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Part E. Procedures for the Removal Off-Site of Any Written Information, Data, and Other Materials Gathered by the Inspection Team: ________________________________________________________________________ Part F. Procedures for Providing the Representatives of the inspected State Party with Copies of Written Information, Inspector's Notebooks, Data and Other Material Gathered by the Inspection Team: ________________________________________________________________________ Part G. Other Arrangements, If Any: 1. Unless specified otherwise, all plant site information shall be returned to the inspected State Party at the completion of the inspection. No copies of plant site information shall be made in any manner by the inspection team or the Organization. 2. Plant site information shall not be released to the public, other States Parties, or the media without the specific permission of the inspected State Party, after consultation with the plant site. 3. Plant site information shall not be transmitted, copied or retained electronically without the specific permission of the inspected State Party after consultation with the plant site. All transmissions of information off-site shall be done in the presence of the inspected State Party. 4. Information not relevant to the purpose of the inspection will be purged from documents, photographs, etc. prior to release to the inspection team. Attachment 4--Arrangements for the Inspection Team's Contacts with the Media or the Public Attachment 5--Inspection Equipment Part A: List of Equipment: ---------------------------------------------------------------------------------------------------------------- Agreed procedures for use -------------------- Indication of Alternative for Item of approved inspection Nature of reason(s) (safety, Special handling meeting inspection equipment restrictions(s) confidentiality, or storage requirement(s), if (location, time, etc.) requirements so required by the periods, etc.), if inspection team any ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Part B. Equipment which the inspected State Party Has Volunteered to Provide: ---------------------------------------------------------------------------------------------------------------- Support to be provided, Conditions (timing, Item of equipment Procedures for use if required costs, if any) ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Part C. Procedures for the Decontamination of Equipment: [[Page 173]] ------------------------------------------------------------------------ Item of equipment Procedures for use ------------------------------------------------------------------------ ------------------------------------------------------------------------ Part D. Means of Communication between Inspection Team Sub-Teams: ________________________________________________________________________ Request for and Certification of Equipment Available on Site To Be Provided in Accordance With Paragraph 3 of Section 5 Date:___________________________________________________________________ Plant Site:_____________________________________________________________ Inspection number:______________________________________________________ Name of the authorized member of the inspection team:___________________ Type and number of item(s) of equipment requested:______________________ Approval of the request by inspected State Party:_______________________ Comments on the request by the inspected State Party:___________________ Indication of the costs, if any, for the use of the equipment requested/ volunteered: ________________________________________________________________________ Certification of the authorized member of the inspection team that the requested item(s) of equipment have been provided: ________________________________________________________________________ Comments, if any, by the authorized member of the inspection team in regard to the equipment provided: ________________________________________________________________________ Name and signature of the authorized member of the inspection team:_____ ________________________________________________________________________ Name and signature of the representative of the inspected State Party:__ ________________________________________________________________________ Attachment 6--Information on the Plant Site Provided in Accordance With Section 6 Part A. Topics of Information for the Pre-Inspection Briefing: ________________________________________________________________________ Part B. Any Information about the Plant Site that the inspected State Party Volunteers to Provide to the Inspection Team during the Pre- Inspection Briefing and which May Be Transferred Off-Site: ________________________________________________________________________ Attachment 7--Arrangements for Site Tour The inspected State Party, in consultation with the plant site, may provide a site tour at the request of the inspection team. Such tour shall take no more than 2 hours. If a site tour is conducted, the inspected State Party may provide explanations to the inspection team during the site tour. Attachment 8--Access to the Plant Site in Accordance With Section 7.2 Part A. Areas of the Declared Plant Site to which Inspectors Are Granted Access (i.e., detail the areas, equipment, and computers): 1. Declared Plant:10,11 --------------------------------------------------------------------------- \10\ Plant means a relatively self-contained area, structure or building containing one or more units with auxiliary and associated infrastructure, such as: 11 Areas to be inspected may include: (a) small administrative section; (b) storage/handling areas for feedstock and products; (c) effluent/waste handling/treatment area; (d) control/analytical laboratory; (e) first aid service/related medical section; (f) records associated with the movement into, around and from the site, of declared chemicals and their feedstock or product chemicals formed from them, as appropriate. (a) areas where feed chemicals (reactants) are delivered or stored; (b) areas where manipulative processes are performed upon the reactants prior to addition to the reaction vessels; (c) feed lines as appropriate from the areas referred to in subparagraph (a) or subparagraph (b) to the reaction vessels together with any associated valves, flow meters, etc.; (d) the external aspect of the reaction vessels and ancillary equipment; (e) lines from the reaction vessels leading to long-or short-term storage or to equipment further processing the declared Schedule 2 chemicals; (f) control equipment associated with any of the items under subparagraphs (a) to (e); (g) equipment and areas for waste and effluent handling; (h) equipment and areas for disposition of chemicals not up to specification. --------------------------------------------------------------------------- 2. Declared Plant Site: 12 --------------------------------------------------------------------------- \12\ Plant Site means the local integration of one or more plants, with any intermediate administrative levels, which are under one operational control, and includes common infrastructure, such as: (a) administration and other offices; (b) repair and maintenance shops; (c) medical center; (d) utilities; (e) central analytical laboratory; (f) research and development laboratories; (g) central effluent and waste treatment area; and (h) warehouse storage. --------------------------------------------------------------------------- [[Page 174]] Part B. Arrangements with Regard to the Scope of the Inspection Effort in Agreed Areas Referenced in Part A: 13 --------------------------------------------------------------------------- \13\ List the areas, equipment, and computers, if any, that are not relevant to the inspection mandate or that contain confidential business information that does not need to be divulged in order to comply with the inspection mandate. --------------------------------------------------------------------------- ________________________________________________________________________ Attachment 9--Records Routinely Made Available to the Inspection Team at the Plant Site: 14 --------------------------------------------------------------------------- \14\ Some illustrative examples of records and data to be detailed are given below. The actual list will be dependent on the specifics of the inspection site. Information about the format and language in which records are kept at the plant site should be mentioned. It is understood that confidential information not related to the implementation of the Convention, such as prices, will be excluded by the State Party from scrutiny. (a) inventory and accountancy records in relation to the production, processing or consumption of the declared Schedule 2 chemicals and their storage or transportation on to or off the site; (b) operational records for the unit(s) producing, processing or consuming Schedule 2 chemicals (units) (batch cards, log books); (c) Schedule 2 plant(s) dispatch records within the plant site and off-site dispatches; (d) Schedule 2 plant(s) maintenance schedule records; (e) Schedule 2 plant(s) waste disposal records; (f) Schedule 2 plant(s) (unit) calibration records; (g) Schedule 2 plant(s) sales reports, as appropriate; (h) sales or transfers, whether to another industry, trader, or other destination, and if possible, of final product types; (i) data on direct exports/imports and to/from which States; (j) other shipments, including specification of these other purposes; and (k) other. --------------------------------------------------------------------------- Attachment 10--Sampling and Analysis for Verification Purposes Part A. Agreed Sampling Points Chosen with Due Consideration to Existing Sampling Points Used by the Plant(s) Operator(s): ________________________________________________________________________ Part B. Procedures for Taking Samples: ________________________________________________________________________ Part C. Procedures for Sample Handling and Sample Splitting: ________________________________________________________________________ Part D. Procedures for Sample Analysis: ________________________________________________________________________ Part E. Procedures for Transporting Samples: ________________________________________________________________________ Part F. Arrangements in Regard to the Payment of Costs Associated with the Disposal or Removal by the inspected State Party of Hazardous Waste Generated during Sampling and On-Site Analysis during the Inspection: ________________________________________________________________________ Attachment 11--Administrative Arrangements Part A. The Amenities Detailed Below Shall Be Provided to the Inspection Team by the inspected State Party, Subject to Payment as Indicated in Part B Below: 1. International and local official communication (telephone, fax), including calls/faxes between site and headquarters: ________________________________________________________________________ 2. Vehicles:____________________________________________________________ 3. Working room, including adequate space for the storage of equipment: ________________________________________________________________________ 4. Lodging:_____________________________________________________________ 5. Meals:_______________________________________________________________ 6. Medical care:________________________________________________________ 7. Interpretation Services: (a) number of interpreters:_____________________________________________ (b) estimated interpretation time:______________________________________ (c) languages:__________________________________________________________ 8. Other: ________________________________________________________________________ Part B. Distribution of Costs for Provision of Amenities by the inspected State Party (check one option for each amenity provided as appropriate): ---------------------------------------------------------------------------------------------------------------- To be paid by the To be paid by the To be paid directly by inspection team on inspected State Party Paragraphs 1-8 the Organization after behalf of the and subsequently To be paid by the in Part A above the inspection Organization during reimbursed by the inspected State Party the in-country period Organization ---------------------------------------------------------------------------------------------------------------- 1 2 3 4 5 6 7 8 ---------------------------------------------------------------------------------------------------------------- [[Page 175]] Part C. Other Arrangements. 1. Number of sub-teams (consisting of no less than two inspectors per sub-team) to be accommodated: ------------ Request for and Certification of Amenities to be Provided or Arranged Date:___________________________________________________________________ Plant site:_____________________________________________________________ Inspection number:______________________________________________________ Category of amenities requested:________________________________________ Description of amenities requested:_____________________________________ Approval of the request by the inspected State Party:___________________ Comments on the request by the inspected State Party: ________________________________________________________________________ Indication of the costs for the amenities requested:____________________ Certification of the authorized member of the inspection team that the requested amenities have been provided: ________________________________________________________________________ Comments by the authorized member of the inspection team in regard to the quality of the amenities provided: ________________________________________________________________________ Name and signature of the authorized member of the inspection team: ________________________________________________________________________ Name and signature of the representative of the inspected State Party: ________________________________________________________________________ Attachment 12--Agreed Procedures for Conducting Interviews ________________________________________________________________________ ________________________________________________________________________ Attachment 13--Agreed Procedures for Photography Annexes Note: These annexes, inter alia, can be attached if requested by the inspected State Party Annex 1: Organization's Media and Public Relations Policy Annex 2: Organization's Health and Safety Policy and Regulations Annex 3: Organization's Policy on Confidentiality Annex 4: Plant Site Declaration Annex 5: Preliminary and Final Inspection Report Formats Annex 6: Inspected State Party's Procedures for Inspection Notification Annex 7: Inspected State Party's Procedures for Information Control