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22 U.S.C. § 6724 — Procedures for inspections

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6724 — Procedures for inspections

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Page 1849 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6724 inspect any plant, plant site, or other facility or location in the United States subject to in- spection pursuant to the Convention. (2) United States Government representatives The United States National Authority shall coordinate the designation of employees of the Federal Government (and, in the case of an in- spection of a United States Government facil- ity, the designation of contractor personnel who shall be led by an employee of the Federal Government) to accompany members of an in- spection team of the Technical Secretariat and, in doing so, shall ensure that— (A) a special agent of the Federal Bureau of Investigation, as designated by the Fed- eral Bureau of Investigation, accompanies each inspection team visit pursuant to para- graph (1); (B) no employee of the Environmental Pro- tection Agency or the Occupational Safety and Health Administration accompanies any inspection team visit conducted pursuant to paragraph (1); and (C) the number of duly designated rep- resentatives shall be kept to the minimum necessary. (3) Objections to individuals serving as inspec- tors (A) In general In deciding whether to exercise the right of the United States under the Convention to object to an individual serving as an in- spector, the President shall give great weight to his reasonable belief that— (i) such individual is or has been a mem- ber of, or a participant in, any group or or- ganization that has engaged in, or at- tempted or conspired to engage in, or aided or abetted in the commission of, any terrorist act or activity; (ii) such individual has committed any act or activity which would be a felony under the laws of the United States; or (iii) the participation of such individual as a member of an inspection team would pose a risk to the national security or eco- nomic well-being of the United States. (B) Not subject to judicial review Any objection by the President to an indi- vidual serving as an inspector, whether made pursuant to this section or otherwise, shall not be reviewable in any court. (c) Exception The requirement under subsection (b)(2)(A) shall not apply to inspections of United States chemical weapons destruction facilities (as used within the meaning of part IV(C)(13) of the Verification Annex to the Convention). (Pub. L. 105–277, div. I, title III, § 303, Oct. 21, 1998, 112 Stat. 2681–873; Pub. L. 106–280, title III, § 305, Oct. 6, 2000, 114 Stat. 854; Pub. L. 107–107, div. A, title XII, § 1204(a), Dec. 28, 2001, 115 Stat. 1247.) Editorial Notes AMENDMENTS 2001—Subsec. (b)(2). Pub. L. 107–107 inserted ‘‘(and, in the case of an inspection of a United States Govern- ment facility, the designation of contractor personnel who shall be led by an employee of the Federal Govern- ment)’’ after ‘‘designation of employees of the Federal Government’’ in introductory provisions. 2000—Subsec. (c). Pub. L. 106–280 added subsec. (c). Statutory Notes and Related Subsidiaries PROTECTION OF UNITED STATES COMPANIES Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1117], Nov. 29, 1999, 113 Stat. 1536, 1501A–489, provided that: ‘‘(a) REIMBURSEMENT.—During the 2-year period be- ginning on the date of the enactment of this Act [Nov. 29, 1999], the United States National Authority (as des- ignated pursuant to section 101 of the Chemical Weap- ons Convention Implementation Act of 1998 [22 U.S.C. 6711] (as contained in division I of Public Law 105–277)) shall, upon request of the Director of the Federal Bu- reau of Investigation, reimburse the Federal Bureau of Investigation for all costs incurred by the Bureau for such period in connection with implementation of sec- tion 303(b)(2)(A) of that Act [22 U.S.C. 6723(b)(2)(A)], ex- cept that such reimbursement may not exceed $2,000,000 for such 2-year period. ‘‘(b) REPORT.—Not later than 180 days prior to the ex- piration of the 2-year period described in subsection (a), the Director of the Federal Bureau of Investigation shall prepare and submit to the Committee on Inter- national Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate a report on how activi- ties under section 303(b)(2)(A) of the Chemical Weapons Convention Implementation Act of 1998 [22 U.S.C. 6723(b)(2)(A)] will be fully funded and implemented by the Federal Bureau of Investigation notwithstanding the expiration of the 2-year period described in sub- section (a).’’ § 6724. Procedures for inspections (a) Types of inspections Each inspection of a plant, plant site, or other facility or location in the United States under the Convention shall be conducted in accordance with this section and section 6725 of this title, except where other procedures are provided in a facility agreement entered into under section 6722 of this title. (b) Notice (1) In general An inspection referred to in subsection (a) may be made only upon issuance of an actual written notice by the United States National Authority to the owner and to the operator, occupant, or agent in charge of the premises to be inspected. (2) Time of notification The notice for a routine inspection shall be submitted to the owner and to the operator, occupant, or agent in charge within six hours of receiving the notification of the inspection from the Technical Secretariat or as soon as possible thereafter. Notice for a challenge in- spection shall be provided at any appropriate time determined by the United States Na- tional Authority. Notices may be posted prominently at the plant, plant site, or other facility or location if the United States is un- able to provide actual written notice to the owner, operator, or agent in charge of the premises. Page 1850 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6725 (3) Content of notice (A) In general The notice under paragraph (1) shall in- clude all appropriate information supplied by the Technical Secretariat to the United States National Authority concerning— (i) the type of inspection; (ii) the basis for the selection of the plant, plant site, or other facility or loca- tion for the type of inspection sought; (iii) the time and date that the inspec- tion will begin and the period covered by the inspection; and (iv) the names and titles of the inspec- tors. (B) Special rule for challenge inspections In the case of a challenge inspection pur- suant to Article IX of the Convention, the notice shall also include all appropriate evi- dence or reasons provided by the requesting state party to the Convention for seeking the inspection. (4) Separate notices required A separate notice shall be provided for each inspection, except that a notice shall not be required for each entry made during the period covered by the inspection. (c) Credentials The head of the inspection team of the Tech- nical Secretariat and the accompanying employ- ees of the Federal Government (and, in the case of an inspection of a United States Government facility, any accompanying contractor per- sonnel) shall display appropriate identifying cre- dentials to the owner, operator, occupant, or agent in charge of the premises before the in- spection is commenced. (d) Timeframe for inspections Consistent with the provisions of the Conven- tion, each inspection shall be commenced and completed with reasonable promptness and shall be conducted at reasonable times, within rea- sonable limits, and in a reasonable manner. (e) Scope (1) In general Except as provided in a warrant issued under section 6725 of this title or a facility agree- ment entered into under section 6722 of this title, an inspection conducted under this sub- chapter may extend to all things within the premises inspected (including records, files, papers, processes, controls, structures and ve- hicles) related to whether the requirements of the Convention applicable to such premises have been complied with. (2) Exception Unless required by the Convention, no in- spection under this subchapter shall extend to— (A) financial data; (B) sales and marketing data (other than shipment data); (C) pricing data; (D) personnel data; (E) research data; (F) patent data; (G) data maintained for compliance with environmental or occupational health and safety regulations; or (H) personnel and vehicles entering and personnel and personal passenger vehicles exiting the facility. (f) Sampling and safety (1) In general The Director of the United States National Authority is authorized to require the provi- sion of samples to a member of the inspection team of the Technical Secretariat in accord- ance with the provisions of the Convention. The owner or the operator, occupant or agent in charge of the premises to be inspected shall determine whether the sample shall be taken by representatives of the premises or the in- spection team or other individuals present. No sample collected in the United States pursu- ant to an inspection permitted by this chapter may be transferred for analysis to any labora- tory outside the territory of the United States. (2) Compliance with regulations In carrying out their activities, members of the inspection team of the Technical Secre- tariat and representatives of agencies or de- partments accompanying the inspection team shall observe safety regulations established at the premises to be inspected, including those for protection of controlled environments within a facility and for personal safety. (g) Coordination The appropriate representatives of the United States, as designated, if present, shall assist the owner and the operator, occupant or agent in charge of the premises to be inspected in inter- acting with the members of the inspection team of the Technical Secretariat. (Pub. L. 105–277, div. I, title III, § 304, Oct. 21, 1998, 112 Stat. 2681–874; Pub. L. 107–107, div. A, title XII, § 1204(b), Dec. 28, 2001, 115 Stat. 1247.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (f)(1), 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 reflect the probable intent of Congress. For complete classifica- tion of division I to the Code, see Short Title note set out under section 6701 of this title and Tables. AMENDMENTS 2001—Subsec. (c). Pub. L. 107–107 substituted ‘‘Federal Government (and, in the case of an inspection of a United States Government facility, any accompanying contractor personnel)’’ for ‘‘Federal government’’. § 6725. Warrants (a) In general The United States Government shall seek the consent of the owner or the operator, occupant, or agent in charge of the premises to be in- spected prior to any inspection referred to in section 6724(a) of this title. If consent is ob- tained, a warrant is not required for the inspec-

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6711 — Definitions

In this chapter: (1) **Chemical weapon** — The term “chemical weapon” means the following, together or separately: (A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose. (B) A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device. (C) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B). (2) **Chemical Weapons Convention; Convention** — The terms “Chemical Weapons Convention” and “Convention” mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993. (3) **Key component of a binary or multicomponent chemical system** — The term “key component of a binary or multicomponent chemical system” means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system. (4) **National of the United States** — The term “national of the United States” has the same meaning given such term in [section 1101(a)(22) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/22&num=0&edition=prelim). (5) **Organization** — The term “Organization” means the Organization for the Prohibition of Chemical Weapons. (6) **Person** — The term “person”, except as otherwise provided, means any individual, corporation, partnership

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6711 — Designation of United States National Au-

Page 1843 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6711 2 See References in Text note below. ures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Con- vention. (14) United States The term ‘‘United States’’ means the several States of the United States, the District of Co- lumbia, and the commonwealths, territories, and possessions of the United States and in- cludes all places under the jurisdiction or con- trol of the United States, including— (A) any of the places within the provisions of paragraph (41) 2 of section 40102 of title 49; (B) any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (37),2 respectively, of section 40102 of title 49; and (C) any vessel of the United States, as such term is defined in section 70502(b) of title 46. (15) Unscheduled discrete organic chemical The term ‘‘unscheduled discrete organic chemical’’ means any chemical not listed on any schedule contained in the Annex on Chemicals of the Convention that belongs to the class of chemical compounds consisting of all compounds of carbon, except for its oxides, sulfides, and metal carbonates. (Pub. L. 105–277, div. I, § 3, Oct. 21, 1998, 112 Stat. 2681–856.) 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 below and Tables. Paragraphs (17), (37), and (41) of section

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6723 — Facility agreements

**(a) Authorization of inspections** Inspections by the Technical Secretariat of plants, plant sites, or other facilities or locations for which the United States has a facility agreement with the Organization shall be conducted in accordance with the facility agreement. 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 inspection 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 paragraph 4 of Article VI of the Convention are concluded unless the owner, operator, occupant, 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 locations that are subject to inspection pursuant to paragraph 5 or 6 of Article VI of the Convention if so requested by the owner, operator, occupant, or agent in charge of the facility. **(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 development of the agreement relating to that facility is notified and, if the person notified so requests, the person may participate in the preparations for the negotiation of such an agreement. To the maximum extent practicable consistent with the Convention, the owner and the operator, occupant or agent in charge of a facility may observe negotiations of the agreement between the United Stat

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6723 — Authority to conduct inspections

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

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6724 — 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 authorization of the United States National Authority in accordance with the requirements of this subchapter. **(b) Authority** (1) **Technical Secretariat inspection teams** — Any duly designated member of an inspection team of the Technical Secretariat may inspect any plant, plant site, or other facility or location in the United States subject to inspection pursuant to the Convention. (2) **United States Government representatives** — The United States National Authority shall coordinate the designation of employees of the Federal Government (and, in the case of an inspection of a United States Government facility, the designation of contractor personnel who shall be led by an employee of the Federal Government) to accompany members of an inspection team of the Technical Secretariat and, in doing so, shall ensure that— (A) a special agent of the Federal Bureau of Investigation, as designated by the Federal Bureau of Investigation, accompanies each inspection team visit pursuant to paragraph (1); (B) no employee of the Environmental Protection Agency or the Occupational Safety and Health Administration accompanies any inspection team visit conducted pursuant to paragraph (1); and (C) the number of duly designated representatives shall be kept to the minimum necessary. (3) **Objections to individuals serving as inspectors** (A) *In general* — In deciding whether to exercise the right of the United States under the Convention to object to an individual serving as an inspector, the President shall give great weight to his reasonable belief that— (i) such individual is or has been a member of, o

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