46. The Executive Council shall take a decision on
the on-site inspection request no later than 96 hours
after receipt of the request from the requesting State
Party. The decision to approve the on-site inspection
shall be made by at least 30 affirmative votes of
members of the Executive Council. If the Executive
Council does not approve the inspection, preparations
shall be stopped and no further action on the request
shall be taken.
47. No later than 25 days after the approval of the
on-site inspection in accordance with paragraph 46,
the inspection team shall transmit to the Executive
Council, through the Director-General, a progress
inspection report. The continuation of the inspection
shall be considered approved unless the Executive
Council, no later than 72 hours after receipt of the
progress inspection report, decides by a majority of
all its members not to continue the inspection. If
the Executive Council decides not to continue the
inspection, the inspection shall be terminated, and
the inspection team shall leave the inspection area
and the territory of the inspected State Party as soon
as possible in accordance with Part II, paragraphs 109
and 110 of the Protocol.
48. In the course of the on-site inspection, the
inspection team may submit to the Executive Council,
through the Director-General, a proposal to conduct
drilling. The Executive Council shall take a decision
on such a proposal no later than 72 hours after
receipt of the proposal. The decision to approve
drilling shall be made by a majority of all members of
the Executive Council.
49. The inspection team may request the Executive
Council, through the Director-General, to extend the
inspection duration by a maximum of 70 days beyond the
60-day time-frame specified in Part II, paragraph 4 of
the Protocol, if the inspection team considers such an
extension essential to enable it to fulfil its
mandate. The inspection team shall indicate in its
request which of the activities and techniques listed
in Part II, paragraph 69 of the Protocol it intends to
carry out during the extension period. The Executive
Council shall take a decision on the extension request
no later than 72 hours after receipt of the request.
The decision to approve an extension of the inspection
duration shall be made by a majority of all members of
the Executive Council.
50. Any time following the approval of the
continuation of the on-site inspection in accordance
with paragraph 47, the inspection team may submit to
the Executive Council, through the Director-General, a
recommendation to terminate the inspection. Such a
recommendation shall be considered approved unless the
Executive Council, no later than 72 hours after
receipt of the recommendation, decides by a two-thirds
majority of all its members not to approve the
termination of the inspection. In case of termination
of the inspection, the inspection team shall leave the
inspection area and the territory of the inspected
State Party as soon as possible in accordance with
Part II, paragraphs 109 and 110 of the Protocol.
51. The requesting State Party and the State Party
sought to be inspected may participate in the
deliberations of the Executive Council on the on-site
inspection request without voting. The requesting
State Party and the inspected State Party may also
participate without voting in any subsequent
deliberations of the Executive Council related to the
inspection.
52. The Director-General shall notify all States
Parties within 24 hours about any decision by and
reports, proposals, requests and recommendations to
the Executive Council pursuant to paragraphs 46 to 50.
Follow-up After Executive Council Approval of an On-Site Inspection
53. An on-site inspection approved by the Executive
Council shall be conducted without delay by an
inspection team designated by the Director-General and
in accordance with the provisions of this Treaty and
the Protocol. The inspection team shall arrive at the
point of entry no later than six days following the
receipt by the Executive Council of the on-site
inspection request from the requesting State Party.
54. The Director-General shall issue an inspection
mandate for the conduct of the on-site inspection.
The inspection mandate shall contain the information
specified in Part II, paragraph 42 of the Protocol.
55. The Director-General shall notify the inspected
State Party of the inspection no less than 24 hours
before the planned arrival of the inspection team at
the point of entry, in accordance with Part II,
paragraph 43 of the Protocol.
The Conduct of an On-Site Inspection
56. Each State Party shall permit the Organization
to conduct an on-site inspection on its territory or
at places under its jurisdiction or control in
accordance with the provisions of this Treaty and the
Protocol. However, no State Party shall have to
accept simultaneous on-site inspections on its
territory or at places under its jurisdiction or
control.
57. In accordance with the provisions of this Treaty
and the Protocol, the inspected State Party shall
have:
(a) The right and the obligation to make every
reasonable effort to demonstrate its compliance with
this Treaty and, to this end, to enable the inspection
team to fulfil its mandate;
(b) The right to take measures it deems
necessary to protect national security interests and
to prevent disclosure of confidential information not
related to the purpose of the inspection;
(c) The obligation to provide access within
the inspection area for the sole purpose of
determining facts relevant to the purpose of the
inspection, taking into account sub-paragraph (b) and
any constitutional obligations it may have with regard
to proprietary rights or searches and seizures;
(d) The obligation not to invoke this
paragraph or Part II, paragraph 88 of the Protocol to
conceal any violation of its obligations under Article
I; and
(e) The obligation not to impede the ability
of the inspection team to move within the inspection
area and to carry out inspection activities in
accordance with this Treaty and the Protocol.
Access, in the context of an on-site inspection, means
both the physical access of the inspection team and
the inspection equipment to, and the conduct of
inspection activities within, the inspection area.
58. The on-site inspection shall be conducted in the
least intrusive manner possible, consistent with the
efficient and timely accomplishment of the inspection
mandate, and in accordance with the procedures set
forth in the Protocol. Wherever possible, the
inspection team shall begin with the least intrusive
procedures and then proceed to more intrusive
procedures only as it deems necessary to collect
sufficient information to clarify the concern about
possible non-compliance with this Treaty. The
inspectors shall seek only the information and data
necessary for the purpose of the inspection and shall
seek to minimize interference with normal operations
of the inspected State Party.
59. The inspected State Party shall assist the
inspection team throughout the on-site inspection and
facilitate its task.
60. If the inspected State Party, acting in
accordance with Part II, paragraphs 86 to 96 of the
Protocol, restricts access within the inspection area,
it shall make every reasonable effort in consultations
with the inspection team to demonstrate through
alternative means its compliance with this Treaty.
Observer
61. With regard to an observer, the following shall
apply:
(a) The requesting State Party, subject to the
agreement of the inspected State Party, may send a
representative, who shall be a national either of the
requesting State Party or of a third State Party, to
observe the conduct of the on-site inspection;
(b) The inspected State Party shall notify its
acceptance or non-acceptance of the proposed observer
to the Director-General within 12 hours after approval
of the on-site inspection by the Executive Council;
(c) In case of acceptance, the inspected State
Party shall grant access to the observer in accordance
with the Protocol;
(d) The inspected State Party shall, as a
rule, accept the proposed observer, but if the
inspected State Party exercises a refusal, that fact
shall be recorded in the inspection report.
There shall be no more than three observers from an
aggregate of requesting States Parties.
Reports of an On-Site Inspection
62. Inspection reports shall contain:
(a) A description of the activities conducted by the inspection team;
(b) The factual findings of the inspection
team relevant to the purpose of the inspection;
(c) An account of the cooperation granted
during the on-site inspection;
(d) A factual description of the extent of the
access granted, including the alternative means
provided to the team, during the on-site inspection;
and
(e) Any other details relevant to the purpose
of the inspection.
Differing observations made by inspectors may be
attached to the report.
63. The Director-General shall make draft inspection
reports available to the inspected State Party. The
inspected State Party shall have the right to provide
the Director-General within 48 hours with its comments
and explanations, and to identify any information and
data which, in its view, are not related to the
purpose of the inspection and should not be circulated
outside the Technical Secretariat. The Director-
General shall consider the proposals for changes to
the draft inspection report made by the inspected
State Party and shall wherever possible incorporate
them. The Director-General shall also annex the
comments and explanations provided by the inspected
State Party to the inspection report.
64. The Director-General shall promptly transmit the
inspection report to the requesting State Party, the
inspected State Party, the Executive Council and to
all other States Parties. The Director-General shall
further transmit promptly to the Executive Council and
to all other States Parties any results of sample
analysis in designated laboratories in accordance with
Part II, paragraph 104 of the Protocol, relevant data
from the International Monitoring System, the
assessments of the requesting and inspected States
Parties, as well as any other information that the
Director-General deems relevant. In the case of the
progress inspection report referred to in paragraph
47, the Director-General shall transmit the report to
the Executive Council within the time-frame specified
in that paragraph.
65. The Executive Council, in accordance with its
powers and functions, shall review the inspection
report and any material provided pursuant to paragraph
64, and shall address any concerns as to:
(a) Whether any non-compliance with this
Treaty has occurred; and
(b) Whether the right to request an on-site
inspection has been abused.
66. If the Executive Council reaches the conclusion,
in keeping with its powers and functions, that further
action may be necessary with regard to paragraph 65,
it shall take the appropriate measures in accordance
with Article V.
Frivolous or Abusive On-Site Inspection Requests
67. If the Executive Council does not approve the
on-site inspection on the basis that the on-site
inspection request is frivolous or abusive, or if the
inspection is terminated for the same reasons, the
Executive Council shall consider and decide on whether
to implement appropriate measures to redress the
situation, including the following:
(a) Requiring the requesting State Party to
pay for the cost of any preparations made by the
Technical Secretariat;
(b) Suspending the right of the requesting
State Party to request an on-site inspection for a
period of time, as determined by the Executive
Council; and
(c) Suspending the right of the requesting
State Party to serve on the Executive Council for a
period of time.
E. CONFIDENCE-BUILDING MEASURES
68. In order to:
(a) Contribute to the timely resolution of any
compliance concerns arising from possible
misinterpretation of verification data relating to
chemical explosions; and
(b) Assist in the calibration of the stations
that are part of the component networks of the
International Monitoring System, each State Party undertakes to cooperate with the
Organization and with other States Parties in
implementing relevant measures as set out in Part III
of the Protocol.
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.