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THE COMPREHENSIVE NUCLEAR TEST-BAN TREATY
Preamble
The States Parties to this Treaty (hereinafter referred to as "the
States Parties"),
Welcoming the international agreements and other positive measures of
recent years in the field of nuclear disarmament, including reductions
in arsenals of nuclear weapons, as well as in the field of the prevention
of nuclear proliferation in all its aspects,
Underlining the importance of the full and prompt implementation of such
agreements and measures,
Convinced that the present international situation provides an opportunity
to take further effective measures towards nuclear disarmament and against
the proliferation of nuclear weapons in all its aspects, and declaring
their intention to take such measures,
Stressing therefore the need for continued systematic and progressive
efforts to reduce nuclear weapons globally, with the ultimate goal of
eliminating those weapons, and of general and complete disarmament under
strict and effective international control,
Recognizing that the cessation of all nuclear weapon test explosions
and all other nuclear explosions, by constraining the development and
qualitative improvement of nuclear weapons and ending the development
of advanced new types of nuclear weapons, constitutes an effective measure
of nuclear disarmament and non-proliferation in all its aspects,
Further recognizing that an end to all such nuclear explosions will thus
constitute a meaningful step in the realization of a systematic process
to achieve nuclear disarmament,
Convinced that the most effective way to achieve an end to nuclear testing
is through the conclusion of a universal and internationally and effectively
verifiable comprehensive nuclear test-ban treaty, which has long been
one of the highest priority objectives of the international community
in the field of disarmament and non-proliferation,
Noting the aspirations expressed by the Parties to the 1963 Treaty Banning
Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water
to seek to achieve the discontinuance of all test explosions of nuclear
weapons for all time,
Noting also the views expressed that this Treaty could contribute to
the protection of the environment,
Affirming the purpose of attracting the adherence of all States to this
Treaty and its objective to contribute effectively to the prevention of
the proliferation of nuclear weapons in all its aspects, to the process
of nuclear disarmament and therefore to the enhancement of international
peace and security,
Have agreed as follows:
ARTICLE I
BASIC OBLIGATIONS
1. Each State Party undertakes not to carry out any nuclear weapon test
explosion or any other nuclear explosion, and to prohibit and prevent
any such nuclear explosion at any place under its jurisdiction or control.
2. Each State Party undertakes, furthermore, to refrain from causing,
encouraging, or in any way participating in the carrying out of any nuclear
weapon test explosion or any other nuclear explosion.
ARTICLE II
THE ORGANIZATION
A. GENERAL PROVISIONS
1. The States Parties hereby establish the Comprehensive Nuclear Test-Ban
Treaty Organization (hereinafter referred to as "the Organization") to
achieve the object and purpose of this Treaty, to ensure the implementation
of its provisions, including those for international verification of compliance
with it, and to provide a forum for consultation and cooperation among
States Parties.
2. All States Parties shall be members of the Organization. A State Party
shall not be deprived of its membership in the Organization.
3. The seat of the Organization shall be Vienna, Republic of Austria.
4. There are hereby established as organs of the Organization: the Conference
of the States Parties, the Executive Council and the Technical Secretariat,
which shall include the International Data Centre.
5. Each State Party shall cooperate with the Organization in the exercise
of its functions in accordance with this Treaty. States Parties shall
consult, directly among themselves, or through the Organization or other
appropriate international procedures, including procedures within the
framework of the United Nations and in accordance with its Charter, on
any matter which may be raised relating to the object and purpose, or
the implementation of the provisions, of this Treaty.
6. The Organization shall conduct its verification activities provided
for under this Treaty in the least intrusive manner possible consistent
with the timely and efficient accomplishment of their objectives. It shall
request only the information and data necessary to fulfil its responsibilities
under this Treaty. It shall take every precaution to protect the confidentiality
of information on civil and military activities and facilities coming
to its knowledge in the implementation of this Treaty and, in particular,
shall abide by the confidentiality provisions set forth in this Treaty.
7. Each State Party shall treat as confidential and afford special handling
to information and data that it receives in confidence from the Organization
in connection with the implementation of this Treaty. It shall treat such
information and data exclusively in connection with its rights and obligations
under this Treaty.
8. The Organization, as an independent body, shall seek to utilize existing
expertise and facilities, as appropriate, and to maximize cost efficiencies,
through cooperative arrangements with other international organizations
such as the International Atomic Energy Agency. Such arrangements, excluding
those of a minor and normal commercial and contractual nature, shall be
set out in agreements to be submitted to the Conference of the States
Parties for approval.
9. The costs of the activities of the Organization shall be met annually
by the States Parties in accordance with the United Nations scale of assessments
adjusted to take into account differences in membership between the United
Nations and the Organization.
10. Financial contributions of States Parties to the Preparatory Commission
shall be deducted in an appropriate way from their contributions to the
regular budget.
11. A member of the Organization which is in arrears in the payment
of its assessed contribution to the Organization shall have no vote in
the Organization if the amount of its arrears equals or exceeds the amount
of the contribution due from it for the preceding two full years. The
Conference of the States Parties may, nevertheless, permit such a member
to vote if it is satisfied that the failure to pay is due to conditions
beyond the control of the member.
B. THE CONFERENCE OF THE STATES PARTIES
Composition, Procedures and Decision-making
12. The Conference of the States Parties (hereinafter referred to as
"the Conference") shall be composed of all States Parties. Each State
Party shall have one representative in the Conference, who may be accompanied
by alternates and advisers.
13. The initial session of the Conference shall be convened by the Depositary
no later than 30 days after the entry into force of this Treaty.
14. The Conference shall meet in regular sessions, which shall be held
annually, unless it decides otherwise.
15. A special session of the Conference shall be convened:
(a) When decided by the Conference;
(b) When requested by the Executive Council; or
(c) When requested by any State Party and supported by a majority
of the States Parties.
The special session shall be convened no later than 30 days after the
decision of the Conference, the request of the Executive Council, or the
attainment of the necessary support, unless specified otherwise in the
decision or request.
16. The Conference may also be convened in the form of an Amendment
Conference, in accordance with Article VII.
17. The Conference may also be convened in the form of a Review Conference,
in accordance with Article VIII.
18. Sessions shall take place at the seat of the Organization unless
the Conference decides otherwise.
19. The Conference shall adopt its rules of procedure. At the beginning
of each session, it shall elect its President and such other officers
as may be required. They shall hold office until a new President and other
officers are elected at the next session.
20. A majority of the States Parties shall constitute a quorum.
21. Each State Party shall have one vote.
22. The Conference shall take decisions on matters of procedure by a
majority of members present and voting. Decisions on matters of substance
shall be taken as far as possible by consensus. If consensus is not attainable
when an issue comes up for decision, the President of the Conference shall
defer any vote for 24 hours and during this period of deferment shall
make every effort to facilitate achievement of consensus, and shall report
to the Conference before the end of this period. If consensus is not possible
at the end of 24 hours, the Conference shall take a decision by a two-thirds
majority of members present and voting unless specified otherwise in this
Treaty. When the issue arises as to whether the question is one of substance
or not, that question shall be treated as a matter of substance unless
otherwise decided by the majority required for decisions on matters of
substance.
23. When exercising its function under paragraph 26 (k), the Conference
shall take a decision to add any State to the list of States contained
in Annex 1 to this Treaty in accordance with the procedure for decisions
on matters of substance set out in paragraph 22. Notwithstanding paragraph
22, the Conference shall take decisions on any other change to Annex 1
to this Treaty by consensus.
Powers and Functions
24. The Conference shall be the principal organ of the Organization.
It shall consider any questions, matters or issues within the scope of
this Treaty, including those relating to the powers and functions of the
Executive Council and the Technical Secretariat, in accordance with this
Treaty. It may make recommendations and take decisions on any questions,
matters or issues within the scope of this Treaty raised by a State Party
or brought to its attention by the Executive Council.
25. The Conference shall oversee the implementation of, and review compliance
with, this Treaty and act in order to promote its object and purpose.
It shall also oversee the activities of the Executive Council and the
Technical Secretariat and may issue guidelines to either of them for the
exercise of their functions.
26. The Conference shall:
(a) Consider and adopt the report of the Organization on the implementation
of this Treaty and the annual programme and budget of the Organization,
submitted by the Executive Council, as well as consider other reports;
(b) Decide on the scale of financial contributions to be paid by States
Parties in accordance with paragraph 9;
(c) Elect the members of the Executive Council;
(d) Appoint the Director-General of the Technical Secretariat (hereinafter
referred to as "the Director-General");
(e) Consider and approve the rules of procedure of the Executive Council
submitted by the latter;
(f) Consider and review scientific and technological developments
that could affect the operation of this Treaty. In this context, the
Conference may direct the Director-General to establish a Scientific
Advisory Board to enable him or her, in the performance of his or her
functions, to render specialized advice in areas of science and technology
relevant to this Treaty to the Conference, to the Executive Council,
or to States Parties. In that case, the Scientific Advisory Board shall
be composed of independent experts serving in their individual capacity
and appointed, in accordance with terms of reference adopted by the
Conference, on the basis of their expertise and experience in the particular
scientific fields relevant to the implementation of this Treaty;
(g) Take the necessary measures to ensure compliance with this Treaty
and to redress and remedy any situation that contravenes the provisions
of this Treaty, in accordance with Article V;
(h) Consider and approve at its initial session any draft agreements,
arrangements, provisions, procedures, operational manuals, guidelines
and any other documents developed and recommended by the Preparatory
Commission;
(i) Consider and approve agreements or arrangements negotiated by
the Technical Secretariat with States Parties, other States and international
organizations to be concluded by the Executive Council on behalf of
the Organization in accordance with paragraph 38 (h);
(j) Establish such subsidiary organs as it finds necessary for the
exercise of its functions in accordance with this Treaty; and
(k) Update Annex 1 to this Treaty, as appropriate, in accordance with
paragraph 23.
C. THE EXECUTIVE COUNCIL
Composition, Procedures and Decision-making
27. The Executive Council shall consist of 51 members. Each State Party
shall have the right, in accordance with the provisions of this Article,
to serve on the Executive Council.
28. Taking into account the need for equitable geographical distribution
the Executive Council shall comprise:
(a) Ten States Parties from Africa;
(b) Seven States Parties from Eastern Europe;
(c) Nine States Parties from Latin America and the Caribbean;
(d) Seven States Parties from the Middle East and South Asia;
(e) Ten States Parties from North America and Western Europe; and
(f) Eight States Parties from South-East Asia, the Pacific and the
Far East.
All States in each of the above geographical regions are listed in Annex
1 to this Treaty. Annex 1 to this Treaty shall be updated, as appropriate,
by the Conference in accordance with paragraphs 23 and 26 (k). It shall
not be subject to amendments or changes under the procedures contained
in Article VII.
29. The members of the Executive Council shall be elected by the Conference.
In this connection, each geographical region shall designate States Parties
from that region for election as members of the Executive Council as follows:
(a) At least one-third of the seats allocated to each geographical region
shall be filled, taking into account political and security interests,
by States Parties in that region designated on the basis of the nuclear
capabilities relevant to the Treaty as determined by international data
as well as all or any of the following indicative criteria in the order
of priority determined by each region:
(i) Number of monitoring facilities of the International Monitoring
System;
(ii) Expertise and experience in monitoring technology; and
(iii) Contribution to the annual budget of the Organization;
(b) One of the seats allocated to each geographical region shall be
filled on a rotational basis by the State Party that is first in the
English alphabetical order among the States Parties in that region that
have not served as members of the Executive Council for the longest
period of time since becoming States Parties or since their last term,
whichever is shorter. A State Party designated on this basis may decide
to forgo its seat. In that case, such a State Party shall submit a letter
of renunciation to the Director-General, and the seat shall be filled
by the State Party following next-in-order according to this sub-paragraph;
and
(c) The remaining seats allocated to each geographical region shall
be filled by States Parties designated from among all the States Parties
in that region by rotation or elections.
30. Each member of the Executive Council shall have one representative
on the Executive Council, who may be accompanied by alternates and advisers.
31. Each member of the Executive Council shall hold office from the
end of the session of the Conference at which that member is elected until
the end of the second regular annual session of the Conference thereafter,
except that for the first election of the Executive Council, 26 members
shall be elected to hold office until the end of the third regular annual
session of the Conference, due regard being paid to the established numerical
proportions as described in paragraph 28.
32. The Executive Council shall elaborate its rules of procedure and
submit them to the Conference for approval.
33. The Executive Council shall elect its Chairman from among its members.
34. The Executive Council shall meet for regular sessions. Between regular
sessions it shall meet as may be required for the fulfilment of its powers
and functions.
35. Each member of the Executive Council shall have one vote.
36. The Executive Council shall take decisions on matters of procedure
by a majority of all its members. The Executive Council shall take decisions
on matters of substance by a two-thirds majority of all its members unless
specified otherwise in this Treaty. When the issue arises as to whether
the question is one of substance or not, that question shall be treated
as a matter of substance unless otherwise decided by the majority required
for decisions on matters of substance.
Powers and Functions
37. The Executive Council shall be the executive organ of the Organization.
It shall be responsible to the Conference. It shall carry out the powers
and functions entrusted to it in accordance with this Treaty. In so doing,
it shall act in conformity with the recommendations, decisions and guidelines
of the Conference and ensure their continuous and proper implementation.
38. The Executive Council shall:
(a) Promote effective implementation of, and compliance with, this Treaty;
(b) Supervise the activities of the Technical Secretariat;
(c) Make recommendations as necessary to the Conference for consideration
of further proposals for promoting the object and purpose of this Treaty;
(d) Cooperate with the National Authority of each State Party;
(e) Consider and submit to the Conference the draft annual programme
and budget of the Organization, the draft report of the Organization
on the implementation of this Treaty, the report on the performance
of its own activities and such other reports as it deems necessary or
that the Conference may request;
(f) Make arrangements for the sessions of the Conference, including
the preparation of the draft agenda;
(g) Examine proposals for changes, on matters of an administrative
or technical nature, to the Protocol or the Annexes thereto, pursuant
to Article VII, and make recommendations to the States Parties regarding
their adoption;
(h) Conclude, subject to prior approval of the Conference, agreements
or arrangements with States Parties, other States and international
organizations on behalf of the Organization and supervise their implementation,
with the exception of agreements or arrangements referred to in sub-paragraph
(i);
(i) Approve and supervise the operation of agreements or arrangements
relating to the implementation of verification activities with States
Parties and other States; and
(j) Approve any new operational manuals and any changes to the existing
operational manuals that may be proposed by the Technical Secretariat.
39. The Executive Council may request a special session of the Conference.
40. The Executive Council shall:
(a) Facilitate cooperation among States Parties, and between States Parties
and the Technical Secretariat, relating to the implementation of this
Treaty through information exchanges;
(b) Facilitate consultation and clarification among States Parties
in accordance with Article IV; and
(c) Receive, consider and take action on requests for, and reports
on, on-site inspections in accordance with Article IV.
41. The Executive Council shall consider any concern raised by a State
Party about possible non-compliance with this Treaty and abuse of the
rights established by this Treaty. In doing so, the Executive Council
shall consult with the States Parties involved and, as appropriate, request
a State Party to take measures to redress the situation within a specified
time. To the extent that the Executive Council considers further action
to be necessary, it shall take, inter alia, one or more of the
following measures:
(a) Notify all States Parties of the issue or matter;
(b) Bring the issue or matter to the attention of the Conference;
(c) Make recommendations to the Conference or take action, as appropriate,
regarding measures to redress the situation and to ensure compliance
in accordance with Article V.
D. THE TECHNICAL SECRETARIAT
42. The Technical Secretariat shall assist States Parties in the implementation
of this Treaty. The Technical Secretariat shall assist the Conference
and the Executive Council in the performance of their functions. The Technical
Secretariat shall carry out the verification and other functions entrusted
to it by this Treaty, as well as those functions delegated to it by the
Conference or the Executive Council in accordance with this Treaty. The
Technical Secretariat shall include, as an integral part, the International
Data Centre.
43. The functions of the Technical Secretariat with regard to verification
of compliance with this Treaty shall, in accordance with Article IV and
the Protocol, include inter alia:
(a) Being responsible for supervising and coordinating the operation of
the International Monitoring System;
(b) Operating the International Data Centre;
(c) Routinely receiving, processing, analysing and reporting on International
Monitoring System data;
(d) Providing technical assistance in, and support for, the installation
and operation of monitoring stations;
(e) Assisting the Executive Council in facilitating consultation and
clarification among States Parties;
(f) Receiving requests for on-site inspections and processing them,
facilitating Executive Council consideration of such requests, carrying
out the preparations for, and providing technical support during, the
conduct of on-site inspections, and reporting to the Executive Council;
(g) Negotiating agreements or arrangements with States Parties, other
States and international organizations and concluding, subject to prior
approval by the Executive Council, any such agreements or arrangements
relating to verification activities with States Parties or other States;
and
(h) Assisting the States Parties through their National Authorities
on other issues of verification under this Treaty.
44. The Technical Secretariat shall develop and maintain, subject to
approval by the Executive Council, operational manuals to guide the operation
of the various components of the verification regime, in accordance with
Article IV and the Protocol. These manuals shall not constitute integral
parts of this Treaty or the Protocol and may be changed by the Technical
Secretariat subject to approval by the Executive Council. The Technical
Secretariat shall promptly inform the States Parties of any changes in
the operational manuals.
45. The functions of the Technical Secretariat with respect to administrative
matters shall include:
(a) Preparing and submitting to the Executive Council the draft programme
and budget of the Organization;
(b) Preparing and submitting to the Executive Council the draft report
of the Organization on the implementation of this Treaty and such other
reports as the Conference or the Executive Council may request;
(c) Providing administrative and technical support to the Conference,
the Executive Council and other subsidiary organs;
(d) Addressing and receiving communications on behalf of the Organization
relating to the implementation of this Treaty; and
(e) Carrying out the administrative responsibilities related to any
agreements between the Organization and other international organizations.
46. All requests and notifications by States Parties to the Organization
shall be transmitted through their National Authorities to the Director-General.
Requests and notifications shall be in one of the official languages of
this Treaty. In response the Director-General shall use the language of
the transmitted request or notification.
47. With respect to the responsibilities of the Technical Secretariat
for preparing and submitting to the Executive Council the draft programme
and budget of the Organization, the Technical Secretariat shall determine
and maintain a clear accounting of all costs for each facility established
as part of the International Monitoring System. Similar treatment in the
draft programme and budget shall be accorded to all other activities of
the Organization.
48. The Technical Secretariat shall promptly inform the Executive Council
of any problems that have arisen with regard to the discharge of its functions
that have come to its notice in the performance of its activities and
that it has been unable to resolve through consultations with the State
Party concerned.
49. The Technical Secretariat shall comprise a Director-General, who
shall be its head and chief administrative officer, and such scientific,
technical and other personnel as may be required. The Director-General
shall be appointed by the Conference upon the recommendation of the Executive
Council for a term of four years, renewable for one further term, but
not thereafter. The first Director-General shall be appointed by the Conference
at its initial session upon the recommendation of the Preparatory Commission.
50. The Director-General shall be responsible to the Conference and
the Executive Council for the appointment of the staff and for the organization
and functioning of the Technical Secretariat. The paramount consideration
in the employment of the staff and in the determination of the conditions
of service shall be the necessity of securing the highest standards of
professional expertise, experience, efficiency, competence and integrity.
Only citizens of States Parties shall serve as the Director-General, as
inspectors or as members of the professional and clerical staff. Due regard
shall be paid to the importance of recruiting the staff on as wide a geographical
basis as possible. Recruitment shall be guided by the principle that the
staff shall be kept to the minimum necessary for the proper discharge
of the responsibilities of the Technical Secretariat.
51. The Director-General may, as appropriate, after consultation with
the Executive Council, establish temporary working groups of scientific
experts to provide recommendations on specific issues.
52. In the performance of their duties, the Director-General, the inspectors,
the inspection assistants and the members of the staff shall not seek
or receive instructions from any Government or from any other source external
to the Organization. They shall refrain from any action that might reflect
adversely on their positions as international officers responsible only
to the Organization. The Director-General shall assume responsibility
for the activities of an inspection team.
53. Each State Party shall respect the exclusively international character
of the responsibilities of the Director-General, the inspectors, the inspection
assistants and the members of the staff and shall not seek to influence
them in the discharge of their responsibilities.
E. PRIVILEGES AND IMMUNITIES
54. The Organization shall enjoy on the territory and in any other place
under the jurisdiction or control of a State Party such legal capacity
and such privileges and immunities as are necessary for the exercise of
its functions.
55. Delegates of States Parties, together with their alternates and
advisers, representatives of members elected to the Executive Council,
together with their alternates and advisers, the Director-General, the
inspectors, the inspection assistants and the members of the staff of
the Organization shall enjoy such privileges and immunities as are necessary
in the independent exercise of their functions in connection with the
Organization.
56. The legal capacity, privileges and immunities referred to in this
Article shall be defined in agreements between the Organization and the
State Parties as well as in an agreement between the Organization and
the State in which the Organization is seated. Such agreements shall be
considered and approved in accordance with paragraph 26 (h) and (i).
57. Notwithstanding paragraphs 54 and 55, the privileges and immunities
enjoyed by the Director-General, the inspectors, the inspection assistants
and the members of the staff of the Technical Secretariat during the conduct
of verification activities shall be those set forth in the Protocol.
ARTICLE III
NATIONAL IMPLEMENTATION MEASURES
1. Each State Party shall, in accordance with its constitutional processes,
take any necessary measures to implement its obligations under this Treaty.
In particular, it shall take any necessary measures:
(a) To prohibit natural and legal persons anywhere on its territory or
in any other place under its jurisdiction as recognized by international
law from undertaking any activity prohibited to a State Party under this
Treaty;
(b) To prohibit natural and legal persons from undertaking any such
activity anywhere under its control; and
(c) To prohibit, in conformity with international law, natural persons
possessing its nationality from undertaking any such activity anywhere.
2. Each State Party shall cooperate with other States Parties and afford
the appropriate form of legal assistance to facilitate the implementation
of the obligations under paragraph 1.
3. Each State Party shall inform the Organization of the measures taken
pursuant to this Article.
4. In order to fulfil its obligations under the Treaty, each State Party
shall designate or set up a National Authority and shall so inform the
Organization upon entry into force of the Treaty for it. The National
Authority shall serve as the national focal point for liaison with the
Organization and with other States Parties.
ARTICLE IV
VERIFICATION
A. GENERAL PROVISIONS
1. In order to verify compliance with this Treaty, a verification regime
shall be established consisting of the following elements:
(a) An International Monitoring System;
(b) Consultation and clarification;
(c) On-site inspections; and
(d) Confidence-building measures.
At entry into force of this Treaty, the verification regime shall be
capable of meeting the verification requirements of this Treaty.
2. Verification activities shall be based on objective information,
shall be limited to the subject matter of this Treaty, and shall be carried
out on the basis of full respect for the sovereignty of States Parties
and in the least intrusive manner possible consistent with the effective
and timely accomplishment of their objectives. Each State Party shall
refrain from any abuse of the right of verification.
3. Each State Party undertakes in accordance with this Treaty to cooperate,
through its National Authority established pursuant to Article III, paragraph
4, with the Organization and with other States Parties to facilitate the
verification of compliance with this Treaty by inter alia:
(a) Establishing the necessary facilities to participate in these verification
measures and establishing the necessary communication;
(b) Providing data obtained from national stations that are part of
the International Monitoring System;
(c) Participating, as appropriate, in a consultation and clarification
process;
(d) Permitting the conduct of on-site inspections; and
(e) Participating, as appropriate, in confidence-building measures.
4. All States Parties, irrespective of their technical and financial
capabilities, shall enjoy the equal right of verification and assume the
equal obligation to accept verification.
5. For the purposes of this Treaty, no State Party shall be precluded
from using information obtained by national technical means of verification
in a manner consistent with generally recognized principles of international
law, including that of respect for the sovereignty of States.
6. Without prejudice to the right of States Parties to protect sensitive
installations, activities or locations not related to this Treaty, States
Parties shall not interfere with elements of the verification regime of
this Treaty or with national technical means of verification operating
in accordance with paragraph 5.
7. Each State Party shall have the right to take measures to protect
sensitive installations and to prevent disclosure of confidential information
and data not related to this Treaty.
8. Moreover, all necessary measures shall be taken to protect the confidentiality
of any information related to civil and military activities and facilities
obtained during verification activities.
9. Subject to paragraph 8, information obtained by the Organization
through the verification regime established by this Treaty shall be made
available to all States Parties in accordance with the relevant provisions
of this Treaty and the Protocol.
10. The provisions of this Treaty shall not be interpreted as restricting
the international exchange of data for scientific purposes.
11. Each State Party undertakes to cooperate with the Organization and
with other States Parties in the improvement of the verification regime,
and in the examination of the verification potential of additional monitoring
technologies such as electromagnetic pulse monitoring or satellite monitoring,
with a view to developing, when appropriate, specific measures to enhance
the efficient and cost-effective verification of this Treaty. Such measures
shall, when agreed, be incorporated in existing provisions in this Treaty,
the Protocol or as additional sections of the Protocol, in accordance
with Article VII, or, if appropriate, be reflected in the operational
manuals in accordance with Article II, paragraph 44.
12. The States Parties undertake to promote cooperation among themselves
to facilitate and participate in the fullest possible exchange relating
to technologies used in the verification of this Treaty in order to enable
all States Parties to strengthen their national implementation of verification
measures and to benefit from the application of such technologies for
peaceful purposes.
13. The provisions of this Treaty shall be implemented in a manner which
avoids hampering the economic and technological development of the States
Parties for further development of the application of atomic energy for
peaceful purposes.
Verification Responsibilities of the Technical Secretariat
14. In discharging its responsibilities in the area of verification
specified in this Treaty and the Protocol, in cooperation with the States
Parties the Technical Secretariat shall, for the purpose of this Treaty:
(a) Make arrangements to receive and distribute data and reporting products
relevant to the verification of this Treaty in accordance with its provisions,
and to maintain a global communications infrastructure appropriate to
this task;
(b) Routinely through its International Data Centre, which shall in
principle be the focal point within the Technical Secretariat for data
storage and data processing:
(i) Receive and initiate requests for data from the International Monitoring
System;
(ii) Receive data, as appropriate, resulting from the process of
consultation and clarification, from on-site inspections, and from
confidence-building measures; and
(iii) Receive other relevant data from States Parties and international
organizations in accordance with this Treaty and the Protocol;
(c) Supervise, coordinate and ensure the operation of the International
Monitoring System and its component elements, and of the International
Data Centre, in accordance with the relevant operational manuals;
(d) Routinely process, analyse and report on International Monitoring
System data according to agreed procedures so as to permit the effective
international verification of this Treaty and to contribute to the early
resolution of compliance concerns;
(e) Make available all data, both raw and processed, and any reporting
products, to all States Parties, each State Party taking responsibility
for the use of International Monitoring System data in accordance with
Article II, paragraph 7, and with paragraphs 8 and 13 of this Article;
(f) Provide to all States Parties equal, open, convenient and timely
access to all stored data;
(g) Store all data, both raw and processed, and reporting products;
(h) Coordinate and facilitate requests for additional data from the
International Monitoring System;
(i) Coordinate requests for additional data from one State Party to
another State Party;
(j) Provide technical assistance in, and support for, the installation
and operation of monitoring facilities and respective communication
means, where such assistance and support are required by the State concerned;
(k) Make available to any State Party, upon its request, techniques
utilized by the Technical Secretariat and its International Data Centre
in compiling, storing, processing, analysing and reporting on data from
the verification regime; and
(l) Monitor, assess and report on the overall performance of the International
Monitoring System and of the International Data Centre.
15. The agreed procedures to be used by the Technical Secretariat in
discharging the verification responsibilities referred to in paragraph
14 and detailed in the Protocol shall be elaborated in the relevant operational
manuals.
B. THE INTERNATIONAL MONITORING SYSTEM
16. The International Monitoring System shall comprise facilities for
seismological monitoring, radionuclide monitoring including certified
laboratories, hydroacoustic monitoring, infrasound monitoring, and respective
means of communication, and shall be supported by the International Data
Centre of the Technical Secretariat.
17. The International Monitoring System shall be placed under the authority
of the Technical Secretariat. All monitoring facilities of the International
Monitoring System shall be owned and operated by the States hosting or
otherwise taking responsibility for them in accordance with the Protocol.
18. Each State Party shall have the right to participate in the international
exchange of data and to have access to all data made available to the
International Data Centre. Each State Party shall cooperate with the International
Data Centre through its National Authority.
Funding the International Monitoring System
19. For facilities incorporated into the International Monitoring System
and specified in Tables 1-A, 2-A, 3 and 4 of Annex 1 to the Protocol,
and for their functioning, to the extent that such facilities are agreed
by the relevant State and the Organization to provide data to the International
Data Centre in accordance with the technical requirements of the Protocol
and relevant operational manuals, the Organization, as specified in agreements
or arrangements pursuant to Part I, paragraph 4 of the Protocol, shall
meet the costs of:
(a) Establishing any new facilities and upgrading existing facilities
unless the State responsible for such facilities meets these costs itself;
(b) Operating and maintaining International Monitoring System facilities,
including facility physical security if appropriate, and application
of agreed data authentication procedures;
(c) Transmitting International Monitoring System data (raw or processed)
to the International Data Centre by the most direct and cost effective
means available, including, if necessary, via appropriate communications
nodes, from monitoring stations, laboratories, analytical facilities
or from national data centres; or such data (including samples where
appropriate) to laboratory and analytical facilities from monitoring
stations; and
(d) Analysing samples on behalf of the Organization.
20. For auxiliary network seismic stations specified in Table 1-B of
Annex 1 to the Protocol the Organization, as specified in agreements or
arrangements pursuant to Part I, paragraph 4 of the Protocol, shall meet
the costs only of:
(a) Transmitting data to the International Data Centre;
(b) Authenticating data from such stations;
(c) Upgrading stations to the required technical standard, unless
the State responsible for such facilities meets these costs itself;
(d) If necessary, establishing new stations for the purposes of this
Treaty where no appropriate facilities currently exist, unless the State
responsible for such facilities meets these costs itself; and
(e) Any other costs related to the provision of data required by the
Organization as specified in the relevant operational manuals.
21. The Organization shall also meet the cost of provision to each State
Party of its requested selection from the standard range of International
Data Centre reporting products and services, as specified in Part I, Section
F of the Protocol. The cost of preparation and transmission of any additional
data or products shall be met by the requesting State Party.
22. The agreements or, if appropriate, arrangements concluded with States
Parties or States hosting or otherwise taking responsibility for facilities
of the International Monitoring System shall contain provisions for meeting
these costs. Such provisions may include modalities whereby a State Party
meets any of the costs referred to in paragraphs 19 (a) and 20 (c) and
(d) for facilities which it hosts or for which it is responsible, and
is compensated by an appropriate reduction in its assessed financial contribution
to the Organization. Such a reduction shall not exceed 50 percent of the
annual assessed financial contribution of a State Party, but may be spread
over successive years. A State Party may share such a reduction with another
State Party by agreement or arrangement between themselves and with the
concurrence of the Executive Council. The agreements or arrangements referred
to in this paragraph shall be approved in accordance with Article II,
paragraphs 26 (h) and 38 (i).
Changes to the International Monitoring System
23. Any measures referred to in paragraph 11 affecting the International
Monitoring System by means of addition or deletion of a monitoring technology
shall, when agreed, be incorporated into this Treaty and the Protocol
pursuant to Article VII, paragraphs 1 to 6.
24. The following changes to the International Monitoring System, subject
to the agreement of those States directly affected, shall be regarded
as matters of an administrative or technical nature pursuant to Article
VII, paragraphs 7 and 8:
(a) Changes to the number of facilities specified in the Protocol for
a given monitoring technology; and
(b) Changes to other details for particular facilities as reflected
in the Tables of Annex 1 to the Protocol (including, inter alia,
State responsible for the facility; location; name of facility; type
of facility; and attribution of a facility between the primary and auxiliary
seismic networks).
If the Executive Council recommends, pursuant to Article VII, paragraph
8 (d), that such changes be adopted, it shall as a rule also recommend
pursuant to Article VII, paragraph 8 (g), that such changes enter into
force upon notification by the Director-General of their approval.
25. The Director-General, in submitting to the Executive Council and
States Parties information and evaluation in accordance with Article VII,
paragraph 8 (b), shall include in the case of any proposal made pursuant
to paragraph 24:
(a) A technical evaluation of the proposal;
(b) A statement on the administrative and financial impact of the
proposal; and
(c) A report on consultations with States directly affected by the
proposal, including indication of their agreement.
Temporary Arrangements
26. In cases of significant or irretrievable breakdown of a monitoring
facility specified in the Tables of Annex 1 to the Protocol, or in order
to cover other temporary reductions of monitoring coverage, the Director-General
shall, in consultation and agreement with those States directly affected,
and with the approval of the Executive Council, initiate temporary arrangements
of no more than one year's duration, renewable if necessary by agreement
of the Executive Council and of the States directly affected for another
year. Such arrangements shall not cause the number of operational facilities
of the International Monitoring System to exceed the number specified
for the relevant network; shall meet as far as possible the technical
and operational requirements specified in the operational manual for the
relevant network; and shall be conducted within the budget of the Organization.
The Director-General shall furthermore take steps to rectify the situation
and make proposals for its permanent resolution. The Director-General
shall notify all States Parties of any decision taken pursuant to this
paragraph.
Cooperating National Facilities
27. States Parties may also separately establish cooperative arrangements
with the Organization, in order to make available to the International
Data Centre supplementary data from national monitoring stations that
are not formally part of the International Monitoring System.
28. Such cooperative arrangements may be established as follows:
(a) Upon request by a State Party, and at the expense of that State, the
Technical Secretariat shall take the steps required to certify that a
given monitoring facility meets the technical and operational requirements
specified in the relevant operational manuals for an International Monitoring
System facility, and make arrangements for the authentication of its data.
Subject to the agreement of the Executive Council, the Technical Secretariat
shall then formally designate such a facility as a cooperating national
facility. The Technical Secretariat shall take the steps required to revalidate
its certification as appropriate;
(b) The Technical Secretariat shall maintain a current list of cooperating
national facilities and shall distribute it to all States Parties; and
(c) The International Data Centre shall call upon data from cooperating
national facilities, if so requested by a State Party, for the purposes
of facilitating consultation and clarification and the consideration
of on-site inspection requests, data transmission costs being borne
by that State Party.
The conditions under which supplementary data from such facilities are
made available, and under which the International Data Centre may request
further or expedited reporting, or clarifications, shall be elaborated
in the operational manual for the respective monitoring network.
C. CONSULTATION AND CLARIFICATION
29. Without prejudice to the right of any State Party to request an
on-site inspection, States Parties should, whenever possible, first make
every effort to clarify and resolve, among themselves or with or through
the Organization, any matter which may cause concern about possible non-compliance
with the basic obligations of this Treaty.
30. A State Party that receives a request pursuant to paragraph 29 directly
from another State Party shall provide the clarification to the requesting
State Party as soon as possible, but in any case no later than 48 hours
after the request. The requesting and requested States Parties may keep
the Executive Council and the Director-General informed of the request
and the response.
31. A State Party shall have the right to request the Director-General
to assist in clarifying any matter which may cause concern about possible
non-compliance with the basic obligations of this Treaty. The Director-General
shall provide appropriate information in the possession of the Technical
Secretariat relevant to such a concern. The Director-General shall inform
the Executive Council of the request and of the information provided in
response, if so requested by the requesting State Party.
32. A State Party shall have the right to request the Executive Council
to obtain clarification from another State Party on any matter which may
cause concern about possible non-compliance with the basic obligations
of this Treaty. In such a case, the following shall apply:
(a) The Executive Council shall forward the request for clarification
to the requested State Party through the Director-General no later than
24 hours after its receipt;
(b) The requested State Party shall provide the clarification to the
Executive Council as soon as possible, but in any case no later than
48 hours after receipt of the request;
(c) The Executive Council shall take note of the clarification and
forward it to the requesting State Party no later than 24 hours after
its receipt;
(d) If the requesting State Party deems the clarification to be inadequate,
it shall have the right to request the Executive Council to obtain further
clarification from the requested State Party.
The Executive Council shall inform without delay all other States Parties
about any request for clarification pursuant to this paragraph as well
as any response provided by the requested State Party.
33. If the requesting State Party considers the clarification obtained
under paragraph 32 (d) to be unsatisfactory, it shall have the right to
request a meeting of the Executive Council in which States Parties involved
that are not members of the Executive Council shall be entitled to take
part. At such a meeting, the Executive Council shall consider the matter
and may recommend any measure in accordance with Article V.
D. ON-SITE INSPECTIONS
Request for an On-Site Inspection
34. Each State Party has the right to request an on-site inspection
in accordance with the provisions of this Article and Part II of the Protocol
in the territory or in any other place under the jurisdiction or control
of any State Party, or in any area beyond the jurisdiction or control
of any State.
35. The sole purpose of an on-site inspection shall be to clarify whether
a nuclear weapon test explosion or any other nuclear explosion has been
carried out in violation of Article I and, to the extent possible, to
gather any facts which might assist in identifying any possible violator.
36. The requesting State Party shall be under the obligation to keep
the on-site inspection request within the scope of this Treaty and to
provide in the request information in accordance with paragraph 37. The
requesting State Party shall refrain from unfounded or abusive inspection
requests.
37. The on-site inspection request shall be based on information collected
by the International Monitoring System, on any relevant technical information
obtained by national technical means of verification in a manner consistent
with generally recognized principles of international law, or on a combination
thereof. The request shall contain information pursuant to Part II, paragraph
41 of the Protocol.
38. The requesting State Party shall present the on-site inspection
request to the Executive Council and at the same time to the Director-General
for the latter to begin immediate processing.
Follow-up After Submission of an On-Site Inspection Request
39. The Executive Council shall begin its consideration immediately
upon receipt of the on-site inspection request.
40. The Director-General, after receiving the on-site inspection request,
shall acknowledge receipt of the request to the requesting State Party
within two hours and communicate the request to the State Party sought
to be inspected within six hours. The Director-General shall ascertain
that the request meets the requirements specified in Part II, paragraph
41 of the Protocol, and, if necessary, shall assist the requesting State
Party in filing the request accordingly, and shall communicate the request
to the Executive Council and to all other States Parties within 24 hours.
41. When the on-site inspection request fulfils the requirements, the
Technical Secretariat shall begin preparations for the on-site inspection
without delay.
42. The Director-General, upon receipt of an on-site inspection request
referring to an inspection area under the jurisdiction or control of a
State Party, shall immediately seek clarification from the State Party
sought to be inspected in order to clarify and resolve the concern raised
in the request.
43. A State Party that receives a request for clarification pursuant
to paragraph 42 shall provide the Director-General with explanations and
with other relevant information available as soon as possible, but no
later than 72 hours after receipt of the request for clarification.
44. The Director-General, before the Executive Council takes a decision
on the on-site inspection request, shall transmit immediately to the Executive
Council any additional information available from the International Monitoring
System or provided by any State Party on the event specified in the request,
including any clarification provided pursuant to paragraphs 42 and 43,
as well as any other information from within the Technical Secretariat
that the Director-General deems relevant or that is requested by the Executive
Council.
45. Unless the requesting State Party considers the concern raised in
the on-site inspection request to be resolved and withdraws the request,
the Executive Council shall take a decision on the request in accordance
with paragraph 46.
Executive Council Decisions
46. The Executive Council shall take a decision on the on-site inspection
request no later than 96 hours after receipt of the request from the requesting
State Party. The decision to approve the on-site inspection shall be made
by at least 30 affirmative votes of members of the Executive Council.
If the Executive Council does not approve the inspection, preparations
shall be stopped and no further action on the request shall be taken.
47. No later than 25 days after the approval of the on-site inspection
in accordance with paragraph 46, the inspection team shall transmit to
the Executive Council, through the Director-General, a progress inspection
report. The continuation of the inspection shall be considered approved
unless the Executive Council, no later than 72 hours after receipt of
the progress inspection report, decides by a majority of all its members
not to continue the inspection. If the Executive Council decides not to
continue the inspection, the inspection shall be terminated, and the inspection
team shall leave the inspection area and the territory of the inspected
State Party as soon as possible in accordance with Part II, paragraphs
109 and 110 of the Protocol.
48. In the course of the on-site inspection, the inspection team may
submit to the Executive Council, through the Director-General, a proposal
to conduct drilling. The Executive Council shall take a decision on such
a proposal no later than 72 hours after receipt of the proposal. The decision
to approve drilling shall be made by a majority of all members of the
Executive Council.
49. The inspection team may request the Executive Council, through the
Director-General, to extend the inspection duration by a maximum of 70
days beyond the 60-day time-frame specified in Part II, paragraph 4 of
the Protocol, if the inspection team considers such an extension essential
to enable it to fulfil its mandate. The inspection team shall indicate
in its request which of the activities and techniques listed in Part II,
paragraph 69 of the Protocol it intends to carry out during the extension
period. The Executive Council shall take a decision on the extension request
no later than 72 hours after receipt of the request. The decision to approve
an extension of the inspection duration shall be made by a majority of
all members of the Executive Council.
50. Any time following the approval of the continuation of the on-site
inspection in accordance with paragraph 47, the inspection team may submit
to the Executive Council, through the Director-General, a recommendation
to terminate the inspection. Such a recommendation shall be considered
approved unless the Executive Council, no later than 72 hours after receipt
of the recommendation, decides by a two-thirds majority of all its members
not to approve the termination of the inspection. In case of termination
of the inspection, the inspection team shall leave the inspection area
and the territory of the inspected State Party as soon as possible in
accordance with Part II, paragraphs 109 and 110 of the Protocol.
51. The requesting State Party and the State Party sought to be inspected
may participate in the deliberations of the Executive Council on the on-site
inspection request without voting. The requesting State Party and the
inspected State Party may also participate without voting in any subsequent
deliberations of the Executive Council related to the inspection.
52. The Director-General shall notify all States Parties within 24 hours
about any decision by and reports, proposals, requests and recommendations
to the Executive Council pursuant to paragraphs 46 to 50.
Follow-up after Executive Council Approval of an On-Site Inspection
53. An on-site inspection approved by the Executive Council shall be
conducted without delay by an inspection team designated by the Director-General
and in accordance with the provisions of this Treaty and the Protocol.
The inspection team shall arrive at the point of entry no later than six
days following the receipt by the Executive Council of the on-site inspection
request from the requesting State Party.
54. The Director-General shall issue an inspection mandate for the conduct
of the on-site inspection. The inspection mandate shall contain the information
specified in Part II, paragraph 42 of the Protocol.
55. The Director-General shall notify the inspected State Party of the
inspection no less than 24 hours before the planned arrival of the inspection
team at the point of entry, in accordance with Part II, paragraph 43 of
the Protocol.
The Conduct of an On-Site Inspection
56. Each State Party shall permit the Organization to conduct an on-site
inspection on its territory or at places under its jurisdiction or control
in accordance with the provisions of this Treaty and the Protocol. However,
no State Party shall have to accept simultaneous on-site inspections on
its territory or at places under its jurisdiction or control.
57. In accordance with the provisions of this Treaty and the Protocol,
the inspected State Party shall have:
(a) The right and the obligation to make every reasonable effort to demonstrate
its compliance with this Treaty and, to this end, to enable the inspection
team to fulfil its mandate;
(b) The right to take measures it deems necessary to protect national
security interests and to prevent disclosure of confidential information
not related to the purpose of the inspection;
(c) The obligation to provide access within the inspection area for
the sole purpose of determining facts relevant to the purpose of the
inspection, taking into account sub-paragraph (b) and any constitutional
obligations it may have with regard to proprietary rights or searches
and seizures;
(d) The obligation not to invoke this paragraph or Part II, paragraph
88 of the Protocol to conceal any violation of its obligations under
Article I; and
(e) The obligation not to impede the ability of the inspection team
to move within the inspection area and to carry out inspection activities
in accordance with this Treaty and the Protocol.
Access, in the context of an on-site inspection, means both the physical
access of the inspection team and the inspection equipment to, and the
conduct of inspection activities within, the inspection area.
58. The on-site inspection shall be conducted in the least intrusive
manner possible, consistent with the efficient and timely accomplishment
of the inspection mandate, and in accordance with the procedures set forth
in the Protocol. Wherever possible, the inspection team shall begin with
the least intrusive procedures and then proceed to more intrusive procedures
only as it deems necessary to collect sufficient information to clarify
the concern about possible non-compliance with this Treaty. The inspectors
shall seek only the information and data necessary for the purpose of
the inspection and shall seek to minimize interference with normal operations
of the inspected State Party.
59. The inspected State Party shall assist the inspection team throughout
the on-site inspection and facilitate its task.
60. If the inspected State Party, acting in accordance with Part II,
paragraphs 86 to 96 of the Protocol, restricts access within the inspection
area, it shall make every reasonable effort in consultations with the
inspection team to demonstrate through alternative means its compliance
with this Treaty.
Observer
61. With regard to an observer, the following shall apply:
(a) The requesting State Party, subject to the agreement of the inspected
State Party, may send a representative, who shall be a national either
of the requesting State Party or of a third State Party, to observe the
conduct of the on-site inspection;
(b) The inspected State Party shall notify its acceptance or non-acceptance
of the proposed observer to the Director-General within 12 hours after
approval of the on-site inspection by the Executive Council;
(c) In case of acceptance, the inspected State Party shall grant access
to the observer in accordance with the Protocol;
(d) The inspected State Party shall, as a rule, accept the proposed
observer, but if the inspected State Party exercises a refusal, that
fact shall be recorded in the inspection report.
There shall be no more than three observers from an aggregate of requesting
States Parties.
Reports of an On-Site Inspection
62. Inspection reports shall contain:
(a) A description of the activities conducted by the inspection team;
(b) The factual findings of the inspection team relevant to the purpose
of the inspection;
(c) An account of the cooperation granted during the on-site inspection;
(d) A factual description of the extent of the access granted, including
the alternative means provided to the team, during the on-site inspection;
and
(e) Any other details relevant to the purpose of the inspection.
Differing observations made by inspectors may be attached to the report.
63. The Director-General shall make draft inspection reports available
to the inspected State Party. The inspected State Party shall have the
right to provide the Director-General within 48 hours with its comments
and explanations, and to identify any information and data which, in its
view, are not related to the purpose of the inspection and should not
be circulated outside the Technical Secretariat. The Director-General
shall consider the proposals for changes to the draft inspection report
made by the inspected State Party and shall wherever possible incorporate
them. The Director-General shall also annex the comments and explanations
provided by the inspected State Party to the inspection report.
64. The Director-General shall promptly transmit the inspection report
to the requesting State Party, the inspected State Party, the Executive
Council and to all other States Parties. The Director-General shall further
transmit promptly to the Executive Council and to all other States Parties
any results of sample analysis in designated laboratories in accordance
with Part II, paragraph 104 of the Protocol, relevant data from the International
Monitoring System, the assessments of the requesting and inspected States
Parties, as well as any other information that the Director-General deems
relevant. In the case of the progress inspection report referred to in
paragraph 47, the Director-General shall transmit the report to the Executive
Council within the time-frame specified in that paragraph.
65. The Executive Council, in accordance with its powers and functions,
shall review the inspection report and any material provided pursuant
to paragraph 64, and shall address any concerns as to:
66. If the Executive Council reaches the conclusion, in keeping with
its powers and functions, that further action may be necessary with regard
to paragraph 65, it shall take the appropriate measures in accordance
with Article V.
Frivolous or Abusive On-Site Inspection Requests
67. If the Executive Council does not approve the on-site inspection
on the basis that the on-site inspection request is frivolous or abusive,
or if the inspection is terminated for the same reasons, the Executive
Council shall consider and decide on whether to implement appropriate
measures to redress the situation, including the following:
(a) Requiring the requesting State Party to pay for the cost of any preparations
made by the Technical Secretariat;
(b) Suspending the right of the requesting State Party to request
an on-site inspection for a period of time, as determined by the Executive
Council; and
(c) Suspending the right of the requesting State Party to serve on
the Executive Council for a period of time.
E. CONFIDENCE-BUILDING MEASURES
68. In order to:
(a) Contribute to the timely resolution of any compliance concerns arising
from possible misinterpretation of verification data relating to chemical
explosions; and
(b) Assist in the calibration of the stations that are part of the
component networks of the International Monitoring System, each State
Party undertakes to cooperate with the Organization and with other States
Parties in implementing relevant measures as set out in Part III of
the Protocol.
ARTICLE V
MEASURES TO REDRESS A SITUATION AND TO ENSURE COMPLIANCE, INCLUDING
SANCTIONS
1. The Conference, taking into account, inter alia, the recommendations
of the Executive Council, shall take the necessary measures, as set forth
in paragraphs 2 and 3, to ensure compliance with this Treaty and to redress
and remedy any situation which contravenes the provisions of this Treaty.
2. In cases where a State Party has been requested by the Conference
or the Executive Council to redress a situation raising problems with
regard to its compliance and fails to fulfil the request within the specified
time, the Conference may, inter alia, decide to restrict or suspend
the State Party from the exercise of its rights and privileges under this
Treaty until the Conference decides otherwise.
3. In cases where damage to the object and purpose of this Treaty may
result from non-compliance with the basic obligations of this Treaty,
the Conference may recommend to States Parties collective measures which
are in conformity with international law.
4. The Conference, or alternatively, if the case is urgent, the Executive
Council, may bring the issue, including relevant information and conclusions,
to the attention of the United Nations.
ARTICLE VI
SETTLEMENT OF DISPUTES
1. Disputes that may arise concerning the application or the interpretation
of this Treaty shall be settled in accordance with the relevant provisions
of this Treaty and in conformity with the provisions of the Charter of
the United Nations.
2. When a dispute arises between two or more States Parties, or between
one or more States Parties and the Organization, relating to the application
or interpretation of this Treaty, the parties concerned shall consult
together with a view to the expeditious settlement of the dispute by negotiation
or by other peaceful means of the parties' choice, including recourse
to appropriate organs of this Treaty and, by mutual consent, referral
to the International Court of Justice in conformity with the Statute of
the Court. The parties involved shall keep the Executive Council informed
of actions being taken.
3. The Executive Council may contribute to the settlement of a dispute
that may arise concerning the application or interpretation of this Treaty
by whatever means it deems appropriate, including offering its good offices,
calling upon the States Parties to a dispute to seek a settlement through
a process of their own choice, bringing the matter to the attention of
the Conference and recommending a time-limit for any agreed procedure.
4. The Conference shall consider questions related to disputes raised
by States Parties or brought to its attention by the Executive Council.
The Conference shall, as it finds necessary, establish or entrust organs
with tasks related to the settlement of these disputes in conformity with
Article II, paragraph 26 (j).
5. The Conference and the Executive Council are separately empowered,
subject to authorization from the General Assembly of the United Nations,
to request the International Court of Justice to give an advisory opinion
on any legal question arising within the scope of the activities of the
Organization. An agreement between the Organization and the United Nations
shall be concluded for this purpose in accordance with Article II, paragraph
38 (h).
6. This Article is without prejudice to Articles IV and V.
ARTICLE VII
AMENDMENTS
1. At any time after the entry into force of this Treaty, any State
Party may propose amendments to this Treaty, the Protocol, or the Annexes
to the Protocol. Any State Party may also propose changes, in accordance
with paragraph 7, to the Protocol or the Annexes thereto. Proposals for
amendments shall be subject to the procedures in paragraphs 2 to 6. Proposals
for changes, in accordance with paragraph 7, shall be subject to the procedures
in paragraph 8.
2. The proposed amendment shall be considered and adopted only by an
Amendment Conference.
3. Any proposal for an amendment shall be communicated to the Director-General,
who shall circulate it to all States Parties and the Depositary and seek
the views of the States Parties on whether an Amendment Conference should
be convened to consider the proposal. If a majority of the States Parties
notify the Director-General no later than 30 days after its circulation
that they support further consideration of the proposal, the Director-General
shall convene an Amendment Conference to which all States Parties shall
be invited.
4. The Amendment Conference shall be held immediately following a regular
session of the Conference unless all States Parties that support the convening
of an Amendment Conference request that it be held earlier. In no case
shall an Amendment Conference be held less than 60 days after the circulation
of the proposed amendment.
5. Amendments shall be adopted by the Amendment Conference by a positive
vote of a majority of the States Parties with no State Party casting a
negative vote.
6. Amendments shall enter into force for all States Parties 30 days
after deposit of the instruments of ratification or acceptance by all
those States Parties casting a positive vote at the Amendment Conference.
7. In order to ensure the viability and effectiveness of this Treaty,
Parts I and III of the Protocol and Annexes 1 and 2 to the Protocol shall
be subject to changes in accordance with paragraph 8, if the proposed
changes are related only to matters of an administrative or technical
nature. All other provisions of the Protocol and the Annexes thereto shall
not be subject to changes in accordance with paragraph 8.
8. Proposed changes referred to in paragraph 7 shall be made in accordance
with the following procedures:
(a) The text of the proposed changes shall be transmitted together with
the necessary information to the Director-General. Additional information
for the evaluation of the proposal may be provided by any State Party
and the Director-General. The Director-General shall promptly communicate
any such proposals and information to all States Parties, the Executive
Council and the Depositary;
(b) No later than 60 days after its receipt, the Director-General
shall evaluate the proposal to determine all its possible consequences
for the provisions of this Treaty and its implementation and shall communicate
any such information to all States Parties and the Executive Council;
(c) The Executive Council shall examine the proposal in the light
of all information available to it, including whether the proposal fulfils
the requirements of paragraph 7. No later than 90 days after its receipt,
the Executive Council shall notify its recommendation, with appropriate
explanations, to all States Parties for consideration. States Parties
shall acknowledge receipt within 10 days;
(d) If the Executive Council recommends to all States Parties that
the proposal be adopted, it shall be considered approved if no State
Party objects to it within 90 days after receipt of the recommendation.
If the Executive Council recommends that the proposal be rejected, it
shall be considered rejected if no State Party objects to the rejection
within 90 days after receipt of the recommendation;
(e) If a recommendation of the Executive Council does not meet with
the acceptance required under sub-paragraph (d), a decision on the proposal,
including whether it fulfils the requirements of paragraph 7, shall
be taken as a matter of substance by the Conference at its next session;
(f) The Director-General shall notify all States Parties and the Depositary
of any decision under this paragraph;
(g) Changes approved under this procedure shall enter into force for
all States Parties 180 days after the date of notification by the Director-General
of their approval unless another time period is recommended by the Executive
Council or decided by the Conference.
ARTICLE VIII
REVIEW OF THE TREATY
1. Unless otherwise decided by a majority of the States Parties, ten
years after the entry into force of this Treaty a Conference of the States
Parties shall be held to review the operation and effectiveness of this
Treaty, with a view to assuring itself that the objectives and purposes
in the Preamble and the provisions of the Treaty are being realized. Such
review shall take into account any new scientific and technological developments
relevant to this Treaty. On the basis of a request by any State Party,
the Review Conference shall consider the possibility of permitting the
conduct of underground nuclear explosions for peaceful purposes. If the
Review Conference decides by consensus that such nuclear explosions may
be permitted, it shall commence work without delay, with a view to recommending
to States Parties an appropriate amendment to this Treaty that shall preclude
any military benefits of such nuclear explosions. Any such proposed amendment
shall be communicated to the Director-General by any State Party and shall
be dealt with in accordance with the provisions of Article VII.
2. At intervals of ten years thereafter, further Review Conferences
may be convened with the same objective, if the Conference so decides
as a matter of procedure in the preceding year. Such Conferences may be
convened after an interval of less than ten years if so decided by the
Conference as a matter of substance.
3. Normally, any Review Conference shall be held immediately following
the regular annual session of the Conference provided for in Article II.
ARTICLE IX
DURATION AND WITHDRAWAL
1. This Treaty shall be of unlimited duration.
2. Each State Party shall, in exercising its national sovereignty, have
the right to withdraw from this Treaty if it decides that extraordinary
events related to the subject matter of this Treaty have jeopardized its
supreme interests.
3. Withdrawal shall be effected by giving notice six months in advance
to all other States Parties, the Executive Council, the Depositary and
the United Nations Security Council. Notice of withdrawal shall include
a statement of the extraordinary event or events which a State Party regards
as jeopardizing its supreme interests.
ARTICLE X
STATUS OF THE PROTOCOL AND THE ANNEXES
The Annexes to this Treaty, the Protocol, and the Annexes to the Protocol
form an integral part of the Treaty. Any reference to this Treaty includes
the Annexes to this Treaty, the Protocol and the Annexes to the Protocol.
ARTICLE XI
SIGNATURE
This Treaty shall be open to all States for signature before its entry
into force.
ARTICLE XII
RATIFICATION
This Treaty shall be subject to ratification by States Signatories according
to their respective constitutional processes.
ARTICLE XIII
ACCESSION
Any State which does not sign this Treaty before its entry into force
may accede to it at any time thereafter.
ARTICLE XIV
ENTRY INTO FORCE
1. This Treaty shall enter into force 180 days after the date of deposit
of the instruments of ratification by all States listed in Annex 2 to
this Treaty, but in no case earlier than two years after its opening for
signature.
2. If this Treaty has not entered into force three years after the date
of the anniversary of its opening for signature, the Depositary shall
convene a Conference of the States that have already deposited their instruments
of ratification upon the request of a majority of those States. That Conference
shall examine the extent to which the requirement set out in paragraph
1 has been met and shall consider and decide by consensus what measures
consistent with international law may be undertaken to accelerate the
ratification process in order to facilitate the early entry into force
of this Treaty.
3. Unless otherwise decided by the Conference referred to in paragraph
2 or other such conferences, this process shall be repeated at subsequent
anniversaries of the opening for signature of this Treaty, until its entry
into force.
4. All States Signatories shall be invited to attend the Conference
referred to in paragraph 2 and any subsequent conferences as referred
to in paragraph 3, as observers.
5. For States whose instruments of ratification or accession are deposited
subsequent to the entry into force of this Treaty, it shall enter into
force on the 30th day following the date of deposit of their instruments
of ratification or accession.
ARTICLE XV
RESERVATIONS
The Articles of and the Annexes to this Treaty shall not be subject
to reservations. The provisions of the Protocol to this Treaty and the
Annexes to the Protocol shall not be subject to reservations incompatible
with the object and purpose of this Treaty.
ARTICLE XVI
DEPOSITARY
1. The Secretary-General of the United Nations shall be the Depositary
of this Treaty and shall receive signatures, instruments of ratification
and instruments of accession.
2. The Depositary shall promptly inform all States Signatories and acceding
States of the date of each signature, the date of deposit of each instrument
of ratification or accession, the date of the entry into force of this
Treaty and of any amendments and changes thereto, and the receipt of other
notices.
3. The Depositary shall send duly certified copies of this Treaty to
the Governments of the States Signatories and acceding States.
4. This Treaty shall be registered by the Depositary pursuant to Article
102 of the Charter of the United Nations.
ARTICLE XVII
AUTHENTIC TEXTS
This Treaty, of which the Arabic, Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited with the Secretary-General
of the United Nations.
ANNEX 1 TO THE TREATY
LIST OF STATES PURSUANT TO ARTICLE II, PARAGRAPH 28
Africa
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape
Verde, Central African Republic, Chad, Comoros, Congo, Cote d'Ivoire,
Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia,
Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libyan Arab Jamahiriya,
Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique,
Namibia, Niger, Nigeria, Rwanda, Sao Tome & Principe, Senegal, Seychelles,
Sierra Leone, Somalia, South Africa, Sudan, Swaziland, Togo, Tunisia,
Uganda, United Republic of Tanzania, Zaire, Zambia, Zimbabwe.
Eastern Europe
Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria,
Croatia, Czech Republic, Estonia, Georgia, Hungary, Latvia, Lithuania,
Moldova, Poland, Romania, Russian Federation, Slovakia, Slovenia, The
former Yugoslav Republic of Macedonia, Ukraine, Yugoslavia.
Latin America and the Caribbean
Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize, Bolivia,
Brazil, Chile, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic,
Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica,
Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint
Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago,
Uruguay, Venezuela.
Middle East and South Asia
Afghanistan, Bahrain, Bangladesh, Bhutan, India, Iran (Islamic Republic
of), Iraq, Israel, Jordan, Kazakstan, Kuwait, Kyrgyzstan, Lebanon, Maldives,
Nepal, Oman, Pakistan, Qatar, Saudi Arabia, Sri Lanka, Syrian Arab Republic,
Tajikistan, Turkmenistan, United Arab Emirates, Uzbekistan, Yemen.
North America and Western Europe
Andorra, Austria, Belgium, Canada, Cyprus, Denmark, Finland, France,
Germany, Greece, Holy See, Iceland, Ireland, Italy, Liechtenstein, Luxembourg,
Malta, Monaco, Netherlands, Norway, Portugal, San Marino, Spain, Sweden,
Switzerland, Turkey, United Kingdom of Great Britain and Northern Ireland,
United States of America.
South East Asia, the Pacific and the Far East
Australia, Brunei Darussalam, Cambodia, China, Cook Islands, Democratic
People's Republic of Korea, Fiji, Indonesia, Japan, Kiribati, Lao People's
Democratic Republic, Malaysia, Marshall Islands, Micronesia (Federated
States of), Mongolia, Myanmar, Nauru, New Zealand, Niue, Palau, Papua
New Guinea, Philippines, Republic of Korea, Samoa, Singapore, Solomon
Islands, Thailand, Tonga, Tuvalu, Vanuatu, Viet Nam.
ANNEX 2 TO THE TREATY
LIST OF STATES PURSUANT TO ARTICLE XIV
List of States members of the Conference on Disarmament as at 18 June
1996 which formally participated in the work of the 1996 session of the
Conference and which appear in Table 1 of the International Atomic Energy
Agency's April 1996 edition of "Nuclear Power Reactors in the World",
and of States members of the Conference on Disarmament as at 18 June 1996
which formally participated in the work of the 1996 session of the Conference
and which appear in Table 1 of the International Atomic Energy Agency's
December 1995 edition of "Nuclear Research Reactors in the World": Algeria,
Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Bulgaria,
Canada, Chile, China, Colombia, Democratic People's Republic of Korea,
Egypt, Finland, France, Germany, Hungary, India, Indonesia, Iran (Islamic
Republic of), Israel, Italy, Japan, Mexico, Netherlands, Norway, Pakistan,
Peru, Poland, Romania, Republic of Korea, Russian Federation, Slovakia,
South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom
of Great Britain and Northern Ireland, United States of America, Viet
Nam, Zaire.
PROTOCOL TO THE COMPREHENSIVE NUCLEAR TEST-BAN TREATY
PART I
THE INTERNATIONAL MONITORING SYSTEM AND INTERNATIONAL DATA CENTRE
FUNCTIONS
A. GENERAL PROVISIONS
1. The International Monitoring System shall comprise monitoring facilities
as set out in Article IV, paragraph 16, and respective means of communication.
2. The monitoring facilities incorporated into the International Monitoring
System shall consist of those facilities specified in Annex 1 to this
Protocol. The International Monitoring System shall fulfil the technical
and operational requirements specified in the relevant operational manuals.
3. The Organization, in accordance with Article II, shall, in cooperation
and consultation with the States Parties, with other States, and with
international organizations as appropriate, establish and coordinate the
operation and maintenance, and any future agreed modification or development
of the International Monitoring System.
4. In accordance with appropriate agreements or arrangements and procedures,
a State Party or other State hosting or otherwise taking responsibility
for International Monitoring System facilities and the Technical Secretariat
shall agree and cooperate in establishing, operating, upgrading, financing,
and maintaining monitoring facilities, related certified laboratories
and respective means of communication within areas under its jurisdiction
or control or elsewhere in conformity with international law. Such cooperation
shall be in accordance with the security and authentication requirements
and technical specifications contained in the relevant operational manuals.
Such a State shall give the Technical Secretariat authority to access
a monitoring facility for checking equipment and communication links,
and shall agree to make the necessary changes in the equipment and the
operational procedures to meet agreed requirements. The Technical Secretariat
shall provide to such States appropriate technical assistance as is deemed
by the Executive Council to be required for the proper functioning of
the facility as part of the International Monitoring System.
5. Modalities for such cooperation between the Organization and States
Parties or States hosting or otherwise taking responsibility for facilities
of the International Monitoring System shall be set out in agreements
or arrangements as appropriate in each case.
B. SEISMOLOGICAL MONITORING
6. Each State Party undertakes to cooperate in an international exchange
of seismological data to assist in the verification of compliance with
this Treaty. This cooperation shall include the establishment and operation
of a global network of primary and auxiliary seismological monitoring
stations. These stations shall provide data in accordance with agreed
procedures to the International Data Centre.
7. The network of primary stations shall consist of the 50 stations
specified in Table 1-A of Annex 1 to this Protocol. These stations shall
fulfil the technical and operational requirements specified in the Operational
Manual for Seismological Monitoring and the International Exchange of
Seismological Data. Uninterrupted data from the primary stations shall
be transmitted, directly or through a national data centre, on-line to
the International Data Centre.
8. To supplement the primary network, an auxiliary network of 120 stations
shall provide information, directly or through a national data centre,
to the International Data Centre upon request. The auxiliary stations
to be used are listed in Table 1-B of Annex 1 to this Protocol. The auxiliary
stations shall fulfill the technical and operational requirements specified
in the Operational Manual for Seismological Monitoring and the International
Exchange of Seismological Data. Data from the auxiliary stations may at
any time be requested by the International Data Centre and shall be immediately
available through on-line computer connections.
C. RADIONUCLIDE MONITORING
9. Each State Party undertakes to cooperate in an international exchange
of data on radionuclides in the atmosphere to assist in the verification
of compliance with this Treaty. This cooperation shall include the establishment
and operation of a global network of radionuclide monitoring stations
and certified laboratories. The network shall provide data in accordance
with agreed procedures to the International Data Centre.
10. The network of stations to measure radionuclides in the atmosphere
shall comprise an overall network of 80 stations, as specified in Table
2-A of Annex 1 to this Protocol. All stations shall be capable of monitoring
for the presence of relevant particulate matter in the atmosphere. Forty
of these stations shall also be capable of monitoring for the presence
of relevant noble gases upon the entry into force of this Treaty. For
this purpose the Conference, at its initial session, shall approve a recommendation
by the Preparatory Commission as to which 40 stations from Table 2-A of
Annex 1 to this Protocol shall be capable of noble gas monitoring. At
its first regular annual session, the Conference shall consider and decide
on a plan for implementing noble gas monitoring capability throughout
the network. The Director-General shall prepare a report to the Conference
on the modalities for such implementation. All monitoring stations shall
fulfil the technical and operational requirements specified in the Operational
Manual for Radionuclide Monitoring and the International Exchange of Radionuclide
Data.
11. The network of radionuclide monitoring stations shall be supported
by laboratories, which shall be certified by the Technical Secretariat
in accordance with the relevant operational manual for the performance,
on contract to the Organization and on a fee-for-service basis, of the
analysis of samples from radionuclide monitoring stations. Laboratories
specified in Table 2-B of Annex 1 to this Protocol, and appropriately
equipped, shall, as required, also be drawn upon by the Technical Secretariat
to perform additional analysis of samples from radionuclide monitoring
stations. With the agreement of the Executive Council, further laboratories
may be certified by the Technical Secretariat to perform the routine analysis
of samples from manual monitoring stations where necessary. All certified
laboratories shall provide the results of such analysis to the International
Data Centre, and in so doing shall fulfil the technical and operational
requirements specified in the Operational Manual on Radionuclide Monitoring
and the International Exchange of Radionuclide Data.
D. HYDROACOUSTIC MONITORING
12. Each State Party undertakes to cooperate in an international exchange
of hydroacoustic data to assist in the verification of compliance with
this Treaty. This cooperation shall include the establishment and operation
of a global network of hydroacoustic monitoring stations. These stations
shall provide data in accordance with agreed procedures to the International
Data Centre.
13. The network of hydroacoustic stations shall consist of the stations
specified in Table 3 of Annex 1 to this Protocol, and shall comprise an
overall network of six hydrophone and five T-phase stations. These stations
shall fulfil the technical and operational requirements specified in the
Operational Manual for Hydroacoustic Monitoring and the International
Exchange of Hydroacoustic Data.
E. INFRASOUND MONITORING
14. Each State Party undertakes to cooperate in an international exchange
of infrasound data to assist in the verification of compliance with this
Treaty. This cooperation shall include the establishment and operation
of a global network of infrasound monitoring stations. These stations
shall provide data in accordance with agreed procedures to the International
Data Centre.
15. The network of infrasound stations shall consist of the stations
specified in Table 4 of Annex 1 to this Protocol, and shall comprise an
overall network of 60 stations. These stations shall fulfil the technical
an operational requirements specified in the Operational Manual for Infrasound
Monitoring and the International Exchange of Infrasound Data.
F. INTERNATIONAL DATA CENTRE FUNCTIONS
16. The International Data Centre shall receive, collect, process, analyse,
report on and archive data from International Monitoring System facilities,
including the results of analysis conducted at certified laboratories.
17. The procedures and standard event screening criteria to be used
by the International Data Centre in carrying out its agreed functions,
in particular for the production of standard reporting products and for
the performance of standard range of services for States Parties, shall
be elaborated in the Operational Manual for the International Data Centre
and shall be progressively developed. The procedures and criteria developed
initially by the Preparatory Commission shall be approved by the Conference
at its initial session.
International Data Centre Standard Products
18. The International Data Centre shall apply on a routine basis automatic
processing methods and interactive human analysis to raw International
Monitoring System data in order to produce and archive standard International
Data Centre products on behalf of all States Parties. These products shall
be provided at no cost to States Parties and shall be without prejudice
to final judgements with regard to the nature of any event, which shall
remain the responsibility of States Parties, and shall include:
(a) Integrated lists of all signals detected by the International Monitoring
System, as well as standard event lists and bulletins, including the values
and associated uncertainties calculated for each event located by the
International Data Centre, based on a set of standard parameters;
(b) Standard screened event bulletins that result from the application
to each event by the International Data Centre of standard event screening
criteria, making use of the characterization parameters specified in
Annex 2 to this Protocol, with the objective of characterising, highlighting
in the standard event bulletin, and thereby screening out, events considered
to be consistent with natural phenomena or non-nuclear, man-made phenomena.
The standard event bulletin shall indicate numerically for each event
the degree to which that event meets or does not meet the event screening
criteria. In applying standard event screening, the International Data
Centre shall use both global and supplementary screening criteria to
take account of regional variations where applicable. The International
Data Centre shall progressively enhance its technical capabilities as
experience is gained in the operation of the International Monitoring
System;
(c) Executive summaries, which summarize the data acquired and archived
by the International Data Centre, the products of the International
Data Centre, and the performance and operational status of the International
Monitoring System and International Data Centre; and
(d) Extracts or subsets of the standard International Data Centre
products specified in sub-paragraphs (a) to (c), selected according
to the request of an individual State Party.
19. The International Data Centre shall carry out, at no cost to States
Parties, special studies to provide in-depth, technical review by expert
analysis of data from the International Monitoring System, if requested
by the Organization or by a State Party, to improve the estimated values
for the standard signal and event parameters.
International Data Centre Services to States Parties
20. The International Data Centre shall provide States Parties with
open, equal, timely and convenient access to all International Monitoring
System data, raw or processed, all International Data Centre products,
and all other International Monitoring System data in the archive of the
International Data Centre or, through the International Data Centre, of
International Monitoring System facilities. The methods for supporting
data access and the provision of data shall include the following services:
(a) Automatic and regular forwarding to a State Party of the products
of the International Data Centre or the selection by the State Party thereof,
and, as requested, the selection by the State Party of International Monitoring
System data;
(b) The provision of the data or products generated in response to
ad hoc requests by States Parties for the retrieval from the International
Data Centre and International Monitoring System facility archives of
data and products, including interactive electronic access to the International
Data Centre data base; and
(c) Assisting individual States Parties, at their request and at no
cost for reasonable efforts, with expert technical analysis of International
Monitoring System data and other relevant data provided by the requesting
State Party, in order to help the State Party concerned to identify
the source of specific events. The output of any such technical analysis
shall be considered a product of the requesting State Party, but shall
be available to all States Parties.
The International Data Centre services specified in sub-paragraphs (a)
and (b) shall be made available at no cost to each State Party. The volumes
and formats of data shall be set out in the Operational Manual for the
International Data Centre.
National Event Screening
21. The International Data Centre shall, if requested by a State Party,
apply to any of its standard products, on a regular and automatic basis,
national event screening criteria established by that State Party, and
provide the results of such analysis to that State Party. This service
shall be undertaken at no cost to the requesting State Party. The output
of such national event screening processes shall be considered a product
of the requesting State Party.
Technical Assistance
22. The International Data Centre shall, where required, provide technical
assistance to individual States Parties:
(a) In formulating their requirements for selection and screening of data
and products;
(b) By installing at the International Data Centre, at no cost to
a requesting State Party for reasonable efforts, computer algorithms
or software provided by that State Party to compute new signal and event
parameters that are not included in the Operational Manual for the International
Data Centre, the output being considered products of the requesting
State Party; and
(c) By assisting States Parties to develop the capability to receive,
process and analyse International Monitoring System data at a national
data centre.
23. The International Data Centre shall continuously monitor and report
on the operational status of the International Monitoring System facilities,
of communications links, and of its own processing systems. It shall provide
immediate notification to those responsible should the operational performance
of any component fail to meet agreed levels set out in the relevant operational
manual.
PART II
ON-SITE INSPECTIONS
A. GENERAL PROVISIONS
1. The procedures in this Part shall be implemented pursuant to the
provisions for on-site inspections set out in Article IV.
2. The on-site inspection shall be carried out in the area where the
event that triggered the on-site inspection request occurred.
3. The area of an on-site inspection shall be continuous and its size
shall not exceed 1000 square kilometres. There shall be no linear distance
greater than 50 kilometres in any direction.
4. The duration of an on-site inspection shall not exceed 60 days from
the date of the approval of the on-site inspection request in accordance
with Article IV, paragraph 46, but may be extended by a maximum of 70
days in accordance with Article IV, paragraph 49.
5. If the inspection area specified in the inspection mandate extends
to the territory or other place under the jurisdiction or control of more
than one State Party, the provisions on on-site inspections shall, as
appropriate, apply to each of the States Parties to which the inspection
area extends.
6. In cases where the inspection area is under the jurisdiction or control
of the inspected State Party but is located on the territory of another
State Party or where the access from the point of entry to the inspection
area requires transit through the territory of a State Party other than
the inspected State Party, the inspected State Party shall exercise the
rights and fulfil the obligations concerning such inspections in accordance
with this Protocol. In such a case, the State Party on whose territory
the inspection area is located shall facilitate the inspection and shall
provide for the necessary support to enable the inspection team to carry
out its tasks in a timely and effective manner. States Parties through
whose territory transit is required to reach the inspection area shall
facilitate such transit.
7. In cases where the inspection area is under the jurisdiction or control
of the inspected State Party but is located on the territory of a State
not Party to this Treaty, the inspected State Party shall take all necessary
measures to ensure that the inspection can be carried out in accordance
with this Protocol. A State Party that has under its jurisdiction or control
one or more areas on the territory of a State not Party to this Treaty
shall take all necessary measures to ensure acceptance by the State on
whose territory the inspection area is located of inspectors and inspection
assistants designated to that State Party. If an inspected State Party
is unable to ensure access, it shall demonstrate that it took all necessary
measures to ensure access.
8. In cases where the inspection area is located on the territory of
a State Party but is under the jurisdiction or control of a State not
Party to this Treaty, the State Party shall take all necessary measures
required of an inspected State Party and a State Party on whose territory
the inspection area is located, without prejudice to the rules and practices
of international law, to ensure that the on-site inspection can be carried
out in accordance with this Protocol. If the State Party is unable to
ensure access to the inspection area, it shall demonstrate that it took
all necessary measures to ensure access, without prejudice to the rules
and practices of international law.
9. The size of the inspection team shall be kept to the minimum necessary
for the proper fulfilment of the inspection mandate. The total number
of members of the inspection team present on the territory of the inspected
State Party at any given time, except during the conduct of drilling,
shall not exceed 40 persons. No national of the requesting State Party
or the inspected State Party shall be a member of the inspection team.
10. The Director-General shall determine the size of the inspection
team and select its members from the list of inspectors and inspection
assistants, taking into account the circumstances of a particular request.
11. The inspected State Party shall provide for or arrange the amenities
necessary for the inspection team, such as communication means, interpretation
services, transportation, working space, lodging, meals, and medical care.
12. The inspected State Party shall be reimbursed by the Organization,
in a reasonably short period of time after conclusion of the inspection,
for all expenses, including those mentioned in paragraphs 11 and 49, related
to the stay and functional activities of the inspection team on the territory
of the inspected State Party.
13. Procedures for the implementation of on-site inspections shall be
detailed in the Operational Manual for On-Site Inspections.
B. STANDING ARRANGEMENTS
Designation of Inspectors and Inspection Assistants
14. An inspection team may consist of inspectors and inspection assistants.
An on-site inspection shall only be carried out by qualified inspectors
specially designated for this function. They may be assisted by specially
designated inspection assistants, such as technical and administrative
personnel, aircrew and interpreters.
15. Inspectors and inspection assistants shall be nominated for designation
by the States Parties or, in the case of staff of the Technical Secretariat,
by the Director-General, on the basis of their expertise and experience
relevant to the purpose and functions of on-site inspections. The nominees
shall be approved in advance by the States Parties in accordance with
paragraph 18.
16. Each State Party, no later than 30 days after the entry into force
of this Treaty for it, shall notify the Director-General of the names,
dates of birth, sex, ranks, qualifications and professional experience
of the persons proposed by the State Party for designation as inspectors
and inspection assistants.
17. No later than 60 days after the entry into force of this Treaty,
the Technical Secretariat shall communicate in writing to all States Parties
an initial list of the names, nationalities, dates of birth, sex and ranks
of the inspectors and inspection assistants proposed for designation by
the Director-General and the States Parties, as well as a description
of their qualifications and professional experience.
18. Each State Party shall immediately acknowledge receipt of the initial
list of inspectors and inspection assistants proposed for designation.
Any inspector or inspection assistant included in this list shall be regarded
as accepted unless a State Party, no later than 30 days after acknowledgment
of receipt of the list, declares its non-acceptance in writing. The State
Party may include the reason for the objection. In the case of non-acceptance,
the proposed inspector or inspection assistant shall not undertake or
participate in on-site inspection activities on the territory or in any
other place under the jurisdiction or control of the State Party that
has declared its non-acceptance. The Technical Secretariat shall immediately
confirm receipt of the notification of objection.
19. Whenever additions or changes to the list of inspectors and inspection
assistants are proposed by the Director-General or a State Party, replacement
inspectors and inspection assistants shall be designated in the same manner
as set forth with respect to the initial list. Each State Party shall
promptly notify the Technical Secretariat if an inspector or inspection
assistant nominated by it can no longer fulfil the duties of an inspector
or inspection assistant.
20. The Technical Secretariat shall keep the list of inspectors and
inspection assistants up to date and notify all States Parties of additions
or changes to the list.
21. A State Party requesting an on-site inspection may propose that
an inspector from the list of inspectors and inspection assistants serve
as its observer in accordance with Article IV, paragraph 61.
22. Subject to paragraph 23, a State Party shall have the right at any
time to object to an inspector or inspection assistant who has already
been accepted. It shall notify the Technical Secretariat of its objection
in writing and may include the reason for the objection. Such objection
shall come into effect 30 days after receipt of the notification by the
Technical Secretariat. The Technical Secretariat shall immediately confirm
receipt of the notification of the objection and inform the objecting
and nominating States Parties of the date on which the inspector or inspection
assistant shall cease to be designated for that State Party.
23. A State Party that has bee |