22 U.S.C. § 6724 — Procedures for inspections
submitted 28 years ago by Pub. L. 105-277 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 801 words · no verdicts yet
Convention inspections in the United States must follow this section and section 6725 unless a facility agreement supplies different procedures. The section controls notice, credentials, timing, scope, sampling, safety, and coordination.
(a) Each Convention* inspection of a United States* plant*, plant site*, facility, or location must follow this section and section 6725, unless a section 6722 facility agreement* provides other procedures. (b) Notice. The National Authority must give actual written notice to the owner and operator, occupant, or agent. Routine-inspection notice must be given within six hours after Technical Secretariat* notice or as soon as possible; challenge-inspection notice may be given at any appropriate time. If actual notice is impossible, it may be posted prominently. Notice must state the inspection type, selection basis, start time and date and inspection period, and inspectors’ names and titles; a challenge notice must also include the requesting state party’s evidence or reasons. A separate notice is required for each inspection, but not each entry during its period. (c) Before inspection, the team head and accompanying Federal employees or facility contractors must show identifying credentials. (d) Inspections must start and finish promptly and occur at reasonable times, within reasonable limits, and reasonably. (e) Unless a warrant or facility agreement limits it, an inspection may cover all premises items related to Convention compliance, including records, files, papers, processes, controls, structures, and vehicles. It may not cover financial, sales and marketing other than shipment, pricing, personnel, research, patent, environmental or occupational-safety compliance data, or specified entering and exiting personnel and vehicles unless the Convention requires it. (f) The National Authority Director may require samples. The premises owner or responsible operator, occupant, or agent decides who takes them. Samples collected in the United States may not be sent to a laboratory outside the United States. Inspectors and accompanying representatives must follow facility safety rules, including controlled-environment and personal-safety rules. (g) Designated United States representatives must help the responsible premises person interact with the inspection team*.
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.
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.
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 inspection* shall be provided at any appropriate time determined by the United States National Authority. Notices may be posted prominently at the plant, plant site, or other facility or location if the United States is unable to provide actual written notice to the owner, operator, or agent in charge of the premises.
The notice under paragraph (1) shall include all appropriate information supplied by the Technical Secretariat to the United States National Authority concerning—
the type of inspection;
the basis for the selection of the plant, plant site, or other facility or location for the type of inspection sought;
the time and date that the inspection will begin and the period covered by the inspection; and
the names and titles of the inspectors.
In the case of a challenge inspection pursuant to Article IX of the Convention, the notice shall also include all appropriate evidence or reasons provided by the requesting state party* to the Convention for seeking the inspection.
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.
The head of the inspection team* of the Technical Secretariat and the accompanying employees of the Federal Government (and, in the case of an inspection of a United States Government facility, any accompanying contractor personnel) shall display appropriate identifying credentials to the owner, operator, occupant, or agent in charge of the premises before the inspection is commenced.
Consistent with the provisions of the Convention, each inspection shall be commenced and completed with reasonable promptness and shall be conducted at reasonable times, within reasonable limits, and in a reasonable manner.
Except as provided in a warrant issued under section 6725 of this title or a facility agreement entered into under section 6722 of this title, an inspection conducted under this subchapter may extend to all things within the premises inspected (including records, files, papers, processes, controls, structures and vehicles) related to whether the requirements of the Convention applicable to such premises have been complied with.
Unless required by the Convention, no inspection under this subchapter shall extend to—
financial data;
sales and marketing data (other than shipment data);
pricing data;
personnel data;
research data;
patent data;
data maintained for compliance with environmental or occupational health and safety regulations; or
personnel and vehicles entering and personnel and personal passenger vehicles exiting the facility.
The Director of the United States National Authority is authorized to require the provision of samples to a member of the inspection team of the Technical Secretariat in accordance 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 inspection team or other individuals present. No sample collected in the United States pursuant to an inspection permitted by this chapter may be transferred for analysis to any laboratory outside the territory of the United States.
In carrying out their activities, members of the inspection team of the Technical Secretariat and representatives of agencies or departments 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.
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 interacting with the members of the inspection team of the Technical Secretariat.
Source credit: (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.)
- 1998Enacted · Pub. L. 105-277 · 112 Stat. 2681
- 2001Amended · Pub. L. 107-107 · 115 Stat. 1247
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-277 on 1998-10-21.
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