E. CONDUCT OF INSPECTIONS
General Rules
56. The inspection team shall discharge its functions in accordance with the provisions of the
Treaty and this Protocol.
57. The inspection team shall begin its inspection activities in the inspection area as soon as
possible, but in no case later than 72 hours after arrival at the point of entry.
58. The activities of the inspection team shall be so arranged as to ensure the timely and
effective discharge of its functions and the least possible inconvenience to the inspected State
Party and disturbance to the inspection area.
59. In cases where the inspected State Party has been requested, pursuant to paragraph 43 (e)
or in the course of the inspection, to make available any equipment for use by the inspection team
in the inspection area, the inspected State Party shall comply with the request to the extent it can.
60. During the on-site inspection the inspection team shall have, inter alia:
(a) The right to determine how the inspection will proceed, consistent with the inspection mandate
and taking into account any steps taken by the inspected State Party consistent with the provisions
on managed access;
(b) The right to modify the inspection plan, as necessary, to ensure the effective execution of the
inspection;
(c) The obligation to take into account the recommendations and suggested modifications by the
inspected State Party to the inspection plan;
(d) The right to request clarifications in connection with ambiguities that may arise during the
inspection;
(e) The obligation to use only those techniques specified in paragraph 69 and to refrain from activities
that are not relevant to the purpose of the inspection. The team shall collect and document such
facts as are related to the purpose of the inspection, but shall neither seek nor document
information that is clearly unrelated thereto. Any material collected and subsequently found not
to be relevant shall be returned to the inspected State Party;
(f) The obligation to take into account and include in its report data and explanations on the nature of
the event that triggered the request, provided by the inspected State Party from the national
monitoring networks of the inspected State Party and from other sources;
(g) The obligation to provide the inspected State Party, at its request, with copies of the information
and data collected in the inspection area; and
(h) The obligation to respect the confidentiality and the safety and health regulations of the inspected
State Party.
61. During the on-site inspection the inspected State Party shall have, inter alia:
(a) The right to make recommendations at any time to the inspection team regarding possible
modification of the inspection plan;
(b) The right and the obligation to provide a representative to liaise with the inspection team;
(c) The right to have representatives accompany the inspection team during the performance of its
duties and observe all inspection activities carried out by the inspection team. This shall not delay
or otherwise hinder the inspection team in the exercise of its functions;
(d) The right to provide additional information and to request the collection and documentation of
additional facts it believes are relevant to the inspection;
(e) The right to examine all photographic and measurement products as well as samples and to retain
any photographs or parts thereof showing sensitive sites not related to the purpose of the
inspection. The inspected State Party shall have the right to receive duplicate copies of all
photographic and measurement products. The inspected State Party shall have the right to retain
photographic originals and first-generation photographic products and to put photographs or
parts thereof under joint seal within its territory. The inspected State Party shall have the right to
provide its own camera operator to take still/video photographs as requested by the inspection
team. Otherwise, these functions shall be performed by members of the inspection team;
(f) The right to provide the inspection team, from its national monitoring networks and from other
sources, with data and explanations on the nature of the event that triggered the request; and
(g) The obligation to provide the inspection team with such clarification as may be necessary to
resolve any ambiguities that arise during the inspection.
Communications
62. The members of the inspection team shall have the right at all times during the on-site inspection
to communicate with each other and with the Technical Secretariat. For this purpose they may
use their own duly approved and certified equipment with the consent of the inspected State
Party, to the extent that the inspected State Party does not provide them with access to other
telecommunications.
Observer
63. In accordance with Article IV, paragraph 61, the requesting State Party shall liaise with the
Technical Secretariat to coordinate the arrival of the observer at the same point of entry or basing
point as the inspection team within a reasonable period of the arrival of the inspection team.
64. The observer shall have the right throughout the inspection to be in communication with
the embassy of the requesting State Party located in the inspected State Party or, in the case of
absence of an embassy, with the requesting State Party itself.
65. The observer shall have the right to arrive at the inspection area and to have access to and
within the inspection area as granted by the inspected State Party.
66. The observer shall have the right to make recommendations to the inspection team
throughout the inspection.
67. Throughout the inspection, the inspection team shall keep the observer informed about the
conduct of the inspection and the findings.
68. Throughout the inspection, the inspected State Party shall provide or arrange for the
amenities necessary for the observer similar to those enjoyed by the inspection team as described
in paragraph 11. All costs in connection with the stay of the observer on the territory of the
inspected State Party shall be borne by the requesting State Party.
Inspection Activities and Techniques
69. The following inspection activities may be conducted and techniques used, in accordance
with the provisions on managed access, on collection, handling and analysis of samples, and on
overflights:
(a) Position finding from the air and at the surface to confirm the boundaries of the inspection area
and establish coordinates of locations therein, in support of the inspection activities;
(b) Visual observation, video and still photography and multi-spectral imaging, including infrared
measurements, at and below the surface, and from the air, to search for anomalies or artifacts;
(c) Measurement of levels of radioactivity above, at and below the surface, using gamma radiation
monitoring and energy resolution analysis from the air, and at or under the surface, to search for
and identify radiation anomalies;
(d) Environmental sampling and analysis of solids, liquids and gases from above, at and below the
surface to detect anomalies;
(e) Passive seismological monitoring for aftershocks to localize the search area and facilitate
determination of the nature of an event;
(f) Resonance seismometry and active seismic surveys to search for and locate underground
anomalies, including cavities and rubble zones;
(g) Magnetic and gravitational field mapping, ground penetrating radar and electrical conductivity
measurements at the surface and from the air, as appropriate, to detect anomalies or artifacts; and
(h) Drilling to obtain radioactive samples.
70. Up to 25 days after the approval of the on-site inspection in accordance with Article IV,
paragraph 46, the inspection team shall have the right to conduct any of the activities and use any
of the techniques listed in paragraph 69 (a) to (e). Following the approval of the continuation of
the inspection in accordance with Article IV, paragraph 47, the inspection team shall have the
right to conduct any of the activities and use any of the techniques listed in paragraph 69 (a) to
(g). The inspection team shall only conduct drilling after the approval of the Executive Council in
accordance with Article IV, paragraph 48. If the inspection team requests an extension of the
inspection duration in accordance with Article IV, paragraph 49, it shall indicate in its request
which of the activities and techniques listed in paragraph 69 it intends to carry out in order to be
able to fulfil its mandate.
Overflights
71. The inspection team shall have the right to conduct an overflight over the inspection area
during the on-site inspection for the purposes of providing the inspection team with a general
orientation of the inspection area, narrowing down and optimizing the locations for ground-based
inspection and facilitating the collection of factual evidence, using equipment specified in
paragraph 79.
72. The overflight shall be conducted as soon as practically possible. The total duration of the
overflight over the inspection area shall be no more than 12 hours.
73. Additional overflights using equipment specified in paragraphs 79 and 80 may be
conducted subject to the agreement of the inspected State Party.
74. The area to be covered by overflights shall not extend beyond the inspection area.
75. The inspected State Party shall have the right to impose restrictions or, in exceptional cases
and with reasonable justification, prohibitions on the overflight of sensitive sites not related to the
purpose of the inspection. Restrictions may relate to the flight altitude, the number of passes and
circling, the duration of hovering, the type of aircraft, the number of inspectors on board, and the
type of measurements or observations. If the inspection team considers that the restrictions or
prohibitions on the overflight of sensitive sites may impede the fulfilment of its mandate, the
inspected State Party shall make every reasonable effort to provide alternative means of
inspection.
76. Overflights shall be conducted according to a flight plan duly filed and approved in
accordance with aviation rules and regulations of the inspected State Party. Flight safety
regulations of the inspected State Party shall be strictly observed throughout all flying operations.
77. During overflights landing should normally be authorized only for purposes of staging or
refueling.
78. Overflights shall be conducted at altitudes as requested by the inspection team consistent
with the activities to be conducted, visibility conditions, as well as the aviation and the safety
regulations of the inspected State Party and its right to protect sensitive information not related to
the purposes of the inspection. Overflights shall be conducted up to a maximum altitude of 1500
metres above the surface.
79. For the overflight conducted pursuant to paragraphs 71 and 72, the following equipment
may be used on board the aircraft:
(a) Field glasses;
(b) Passive location-finding equipment;
(c) Video cameras; and
(d) Hand-held still cameras.
80. For any additional overflights conducted pursuant to paragraph 73, inspectors on board the
aircraft may also use portable, easily installed equipment for:
(a) Multi-spectral (including infrared) imagery;
(b) Gamma spectroscopy; and
(c) Magnetic field mapping.
81. Overflights shall be conducted with a relatively slow fixed or rotary wing aircraft. The
aircraft shall afford a broad, unobstructed view of the surface below.
82. The inspected State Party shall have the right to provide its own aircraft, pre-equipped as
appropriate in accordance with the technical requirements of the relevant operational manual, and
crew. Otherwise, the aircraft shall be provided or rented by the Technical Secretariat.
83. If the aircraft is provided or rented by the Technical Secretariat, the inspected State Party
shall have the right to check the aircraft to ensure that it is equipped with approved inspection
equipment. Such checking shall be completed within the time-frame specified in paragraph 57.
84. Personnel on board the aircraft shall consist of:
(a) The minimum number of flight crew consistent with the safe operation of the aircraft;
(b) Up to four members of the inspection team;
(c) Up to two representatives of the inspected State Party;
(d) An observer, if any, subject to the agreement of the inspected State Party; and
(e) An interpreter, if necessary.
85. Procedures for the implementation of overflights shall be detailed in the Operational
Manual for On-Site Inspections.
Managed Access
86. The inspection team shall have the right to access the inspection area in accordance with
the provisions of the Treaty and this Protocol.
87. The inspected State Party shall provide access within the inspection area in accordance with
the time-frame specified in paragraph 57.
88. Pursuant to Article IV, paragraph 57 and paragraph 86 above, the rights and obligations of
the inspected State Party shall include:
(a) The right to take measures to protect sensitive installations and locations in accordance with this
Protocol;
(b) The obligation, when access is restricted within the inspection area, to make every reasonable
effort to satisfy the requirements of the inspection mandate through alternative means. Resolving
any questions regarding one or more aspects of the inspection shall not delay or interfere with the
conduct of the inspection team of other aspects of the inspection; and
(c) The right to make the final decision regarding any access of the inspection team, taking into
account its obligations under this Treaty and the provisions on managed access.
89. Pursuant to Article IV, paragraph 57 (b) and paragraph 88 (a) above, the inspected State
Party shall have the right throughout the inspection area to take measures to protect sensitive
installations and locations and to prevent disclosure of confidential information not related to the
purpose of the inspection. Such measures may include, inter alia:
(a) Shrouding of sensitive displays, stores, and equipment;
(b) Restricting measurements of radionuclide activity and nuclear radiation to determining the
presence or absence of those types and energies of radiation relevant to the purpose of the
inspection;
(c) Restricting the taking of or analysing of samples to determining the presence or absence of
radioactive or other products relevant to the purpose of the inspection;
(d) Managing access to buildings and other structures in accordance with paragraphs 90 and 91; and
(e) Declaring restricted-access sites in accordance with paragraphs 92 to 96.
90. Access to buildings and other structures shall be deferred until after the approval of the
continuation of the on-site inspection in accordance with Article IV, paragraph 47, except for
access to buildings and other structures housing the entrance to a mine, other excavations, or
caverns of large volume not otherwise accessible. For such buildings and structures, the
inspection team shall have the right only of transit, as directed by the inspected State Party, in
order to enter such mines, caverns or other excavations.
91. If, following the approval of the continuation of the inspection in accordance with Article
IV, paragraph 47, the inspection team demonstrates credibly to the inspected State Party that
access to buildings and other structures is necessary to fulfil the inspection mandate and that the
necessary activities authorized in the mandate could not be carried out from the outside, the
inspection team shall have the right to gain access to such buildings or other structures. The head
of the inspection team shall request access to a specific building or structure indicating the
purpose of such access, the specific number of inspectors, as well as the intended activities. The
modalities for access shall be subject to negotiation between the inspection team and the inspected
State Party. The inspected State Party shall have the right to impose restrictions or, in
exceptional cases and with reasonable justification, prohibitions, on the access to buildings and
other structures.
92. When restricted-access sites are declared pursuant to paragraph 89 (e), each such site shall
be no larger than four square kilometres. The inspected State Party has the right to declare up to
50 square kilometers of restricted-access sites. If more than one restricted-access site is declared,
each such site shall be separated from any other such site by a minimum distance of 20 metres.
Each restricted-access site shall have clearly defined and accessible boundaries.
93. The size, location, and boundaries of restricted-access sites shall be presented to the head
of the inspection team no later than the time that the inspection team seeks access to a location
that contains all or part of such a site.
94. The inspection team shall have the right to place equipment and take other steps necessary
to conduct its inspection up to the boundary of a restricted-access site.
95. The inspection team shall be permitted to observe visually all open places within the
restricted-access site from the boundary of the site.
96. The inspection team shall make every reasonable effort to fulfil the inspection mandate
outside the declared restricted-access sites prior to requesting access to such sites. If at any time
the inspection team demonstrates credibly to the inspected State Party that the necessary activities
authorized in the mandate could not be carried out from the outside and that access to a
restricted-access site is necessary to fulfil the mandate, some members of the inspection team shall
be granted access to accomplish specific tasks within the site. The inspected State Party shall
have the right to shroud or otherwise protect sensitive equipment, objects and materials not
related to the purpose of the inspection. The number of inspectors shall be kept to the minimum
necessary to complete the tasks related to the inspection. The modalities for such access shall be
subject to negotiation between the inspection team and the inspected State Party.
Collection, Handling and Analysis of Samples
97. Subject to paragraphs 86 to 96 and 98 to 100, the inspection team shall have the right to
collect and remove relevant samples from the inspection area.
98. Whenever possible, the inspection team shall analyze samples on-site. Representatives of
the inspected State Party shall have the right to be present when samples are analyzed on-site. At
the request of the inspection team, the inspected State Party shall, in accordance with agreed
procedures, provide assistance for the analysis of samples on-site. The inspection team shall have
the right to transfer samples for off-site analysis at laboratories designated by the Organization
only if it demonstrates that the necessary sample analysis can not be performed on-site.
99. The inspected State Party shall have the right to retain portions of all samples collected
when these samples are analysed and may take duplicate samples.
100. The inspected State Party shall have the right to request that any unused samples or
portions thereof be returned.
101. The designated laboratories shall conduct chemical and physical analysis of the samples
transferred for off-site analysis. Details of such analysis shall be elaborated in the Operational
Manual for On-Site Inspections.
102. The Director-General shall have the primary responsibility for the security, integrity and
preservation of samples and for ensuring that the confidentiality of samples transferred for off-site
analysis is protected. The Director-General shall do so in accordance with procedures contained
in the Operational Manual for On-Site Inspections. The Director-General shall, in any case:
(a) Establish a stringent regime governing the collection, handling, transport and analysis of samples;
(b) Certify the laboratories designated to perform different types of analysis;
(c) Oversee the standardization of equipment and procedures at these designated laboratories and of
mobile analytical equipment and procedures;
(d) Monitor quality control and overall standards in relation to the certification of these laboratories
and in relation to mobile equipment and procedures; and
(e) Select from among the designated laboratories those which shall perform analytical or other
functions in relation to specific investigations.
103. When off-site analysis is to be performed, samples shall be analyzed in at least two
designated laboratories. The Technical Secretariat shall ensure the expeditious processing of the
analysis. The samples shall be accounted for by the Technical Secretariat and any unused samples
or portions thereof shall be returned to the Technical Secretariat.
104. The Technical Secretariat shall compile the results of the laboratory analysis of samples
relevant to the purpose of the inspection. Pursuant to Article IV, paragraph 63, the
Director-General shall transmit any such results promptly to the inspected State Party for
comments and thereafter to the Executive Council and to all other States Parties and shall include
detailed information concerning the equipment and methodology employed by the designated
laboratories.
Conduct of Inspections in Areas beyond the Jurisdiction or Control of any State
105. In case of an on-site inspection in an area beyond the jurisdiction or control of any State,
the Director-General shall consult with the appropriate States Parties and agree on any transit or
basing points to facilitate a speedy arrival of the inspection team in the inspection area.
106. The States Parties on whose territory transit or basing points are located shall, as far as
possible, assist in facilitating the inspection, including transporting the inspection team, its
baggage and equipment to the inspection area, as well as providing the relevant amenities
specified in paragraph 11. The Organization shall reimburse assisting States Parties for all costs
incurred.
107. Subject to the approval of the Executive Council, the Director-General may negotiate
standing arrangements with States Parties to facilitate assistance in the event of an on-site
inspection in an area beyond the jurisdiction or control of any State.
108. In cases where one or more States Parties have conducted an investigation of an
ambiguous event in an area beyond the jurisdiction or control of any State before a request is
made for an on-site inspection in that area, any results of such investigation may be taken into
account by the Executive Council in its deliberations pursuant to Article IV.
Post-Inspection Procedures
109. Upon conclusion of the inspection, the inspection team shall meet with the representative
of the inspected State Party to review the preliminary findings of the inspection team and to
clarify any ambiguities. The inspection team shall provide the representative of the inspected
State Party with its preliminary findings in written form according to a standardized format,
together with a list of any samples and other material taken from the inspection area pursuant to
paragraph 98. The document shall be signed by the head of the inspection team. In order to
indicate that he or she has taken notice of the contents of the document, the representative of the
inspected State Party shall countersign the document. The meeting shall be completed no later
than 24 hours after the conclusion of the inspection.
Departure
110. Upon completion of the post-inspection procedures, the inspection team and the observer
shall leave, as soon as possible, the territory of the inspected State Party. The inspected State
Party shall do everything in its power to provide assistance and to ensure the safe conduct of the
inspection team, equipment and baggage to the point of exit. Unless agreed otherwise by the
inspected State Party and the inspection team, the point of exit used shall be the same as the point
of entry.
