22 U.S.C. § 6721 — Definitions

Page 1848 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6721 tion Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of divi- sion I to the Code, see Short Title note set out under section 6701 of this title and Tables. The Arms Export Control Act, referred to in subsec. (e)(2)(B)(i), (3)(B)(i), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Export Administration Act of 1979, referred to in subsec. (e)(2)(B)(ii), (3)(B)(iv), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). Sections 5 and 6 of the Act were classified to sec- tions 4604 and 4605, respectively, of Title 50 prior to re- peal. The Foreign Assistance Act of 1961, referred to in sub- sec. (e)(3)(B)(vi), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. SUBCHAPTER II—INSPECTIONS § 6721. Definitions (a) In general In this subchapter, the terms ‘‘challenge in- spection’’, ‘‘plant site’’, ‘‘plant’’, ‘‘facility agree- ment’’, ‘‘inspection team’’, and ‘‘requesting state party’’ have the meanings given those terms in Part I of the Annex on Implementation and Verification of the Chemical Weapons Con- vention. The term ‘‘routine inspection’’ means an inspection, other than an ‘‘initial inspec- tion’’, undertaken pursuant to Article VI of the Convention. (b) ‘‘Judge of the United States’’ defined In this subchapter, the term ‘‘judge of the United States’’ means a judge or magistrate judge of a district court of the United States. (Pub. L. 105–277, div. I, title III, § 301, Oct. 21, 1998, 112 Stat. 2681–872.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title III of div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–872, which enacted this subchapter and section 436 of former Title 41, Pub- lic Contracts. For complete classification of title III to the Code, see Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41. § 6722. Facility agreements (a) Authorization of inspections Inspections by the Technical Secretariat of plants, plant sites, or other facilities or loca- tions for which the United States has a facility agreement with the Organization shall be con- ducted in accordance with the facility agree- ment. Any such facility agreement may not in any way limit the right of the owner or operator of the facility to withhold consent to an inspec- tion request. (b) Types of facility agreements (1) Schedule 2 facilities The United States National Authority shall ensure that facility agreements for plants, plant sites, or other facilities or locations that are subject to inspection pursuant to para- graph 4 of Article VI of the Convention are concluded unless the owner, operator, occu- pant, or agent in charge of the facility and the Technical Secretariat agree that such an agreement is not necessary. (2) Schedule 3 facilities The United States National Authority shall ensure that facility agreements are concluded for plants, plant sites, or other facilities or lo- cations that are subject to inspection pursu- ant to paragraph 5 or 6 of Article VI of the Convention if so requested by the owner, oper- ator, occupant, or agent in charge of the facil- ity. (c) Notification requirements The United States National Authority shall ensure that the owner, operator, occupant, or agent in charge of a facility prior to the devel- opment of the agreement relating to that facil- ity is notified and, if the person notified so re- quests, the person may participate in the prep- arations for the negotiation of such an agree- ment. To the maximum extent practicable con- sistent with the Convention, the owner and the operator, occupant or agent in charge of a facil- ity may observe negotiations of the agreement between the United States and the Organization concerning that facility. (d) Content of facility agreements Facility agreements shall— (1) identify the areas, equipment, computers, records, data, and samples subject to inspec- tion; (2) describe the procedures for providing no- tice of an inspection to the owner, occupant, operator, or agent in charge of a facility; (3) describe the timeframes for inspections; and (4) detail the areas, equipment, computers, records, data, and samples that are not subject to inspection. (Pub. L. 105–277, div. I, title III, § 302, Oct. 21, 1998, 112 Stat. 2681–872.) § 6723. Authority to conduct inspections (a) Prohibition No inspection of a plant, plant site, or other facility or location in the United States shall take place under the Convention without the au- thorization of the United States National Au- thority in accordance with the requirements of this subchapter. (b) Authority (1) Technical Secretariat inspection teams Any duly designated member of an inspec- tion team of the Technical Secretariat may