22 U.S.C. § 6727 — National security exception

Page 1852 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6726 spection and the observers of the inspection and, if applicable, the identities of the rep- resentatives of agencies or departments of the United States accompanying those representa- tives. (4) Challenge inspections (A) Criminal search warrant For any challenge inspection conducted on the territory of the United States pursuant to Article IX of the Chemical Weapons Con- vention, where consent has been withheld, the United States Government shall first ob- tain from a judge of the United States a criminal search warrant based upon probable cause, supported by oath or affirmation, and describing with particularity the place to be searched and the person or things to be seized. (B) Information provided The United States Government shall pro- vide to the judge of the United States— (i) all appropriate information supplied by the Technical Secretariat to the United States National Authority regarding the basis for the selection of the plant site, plant, or other facility or location for the type of inspection sought; (ii) any other appropriate information relating to the reasonableness of the selec- tion of the plant, plant site, or other facil- ity or location for the inspection; (iii) information concerning— (I) the duration and scope of the in- spection; (II) areas to be inspected; (III) records and data to be reviewed; and (IV) samples to be taken; (iv) appropriate evidence or reasons pro- vided by the requesting state party for the inspection; (v) any other evidence showing probable cause to believe that a violation of this chapter has occurred or is occurring; and (vi) the identities of the representatives of the Technical Secretariat on the inspec- tion team and the Federal Government employees accompanying the inspection team. (C) Content of warrant The warrant shall specify— (i) the type of inspection authorized; (ii) the purpose of the inspection; (iii) the type of plant site, plant, or other facility or location to be inspected; (iv) the areas of the plant site, plant, or other facility or location to be inspected; (v) the items, documents, data, equip- ment, and computers that may be in- spected or seized; (vi) samples that may be taken; (vii) the earliest commencement and lat- est concluding dates and times of the in- spection; and (viii) the identities of the representa- tives of the Technical Secretariat on the inspection teams and the Federal Govern- ment employees accompanying the inspec- tion team. (Pub. L. 105–277, div. I, title III, § 305, Oct. 21, 1998, 112 Stat. 2681–875.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(4)(B)(v), was in the original ‘‘this Act’’ and was translated as reading ‘‘this division’’, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to re- flect the probable intent of Congress. For complete classification of division I to the Code, see Short Title note set out under section 6701 of this title and Tables. Executive Documents DELEGATION OF FUNCTIONS For authority of Secretary of Commerce to obtain and execute certain warrants pursuant to this section, see section 4 of Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note under section 6711 of this title. § 6726. Prohibited acts relating to inspections It shall be unlawful for any person willfully to fail or refuse to permit entry or inspection, or to disrupt, delay, or otherwise impede an inspec- tion, authorized by this chapter. (Pub. L. 105–277, div. I, title III, § 306, Oct. 21, 1998, 112 Stat. 2681–878.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’ and was translated as reading ‘‘this divi- sion’’, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Conven- 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. § 6727. National security exception Consistent with the objective of eliminating chemical weapons, the President may deny a re- quest to inspect any facility in the United States in cases where the President determines that the inspection may pose a threat to the na- tional security interests of the United States. (Pub. L. 105–277, div. I, title III, § 307, Oct. 21, 1998, 112 Stat. 2681–878.) § 6728. Annual report on inspections (a) In general Not later than one year after October 21, 1998, and annually thereafter, the President shall sub- mit a report in classified and unclassified form to the appropriate congressional committees on inspections made under the Convention during the preceding year. (b) Content of reports Each report shall contain the following infor- mation for the reporting period: (1) The name of each company or entity sub- ject to the jurisdiction of the United States reporting data pursuant to subchapter III of this chapter. (2) The number of inspections under the Con- vention conducted on the territory of the United States.