22 U.S.C. § 6722 — Facility agreements
submitted 28 years ago by Pub. L. 105-277 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 352 words · no verdicts yet
Facility agreements govern Convention inspections at covered facilities. The United States National Authority must ensure agreements are made in specified circumstances, with notice and specified contents.
(a) Inspections by the Technical Secretariat* at a plant*, plant site*, facility, or location covered by a United States* facility agreement* with the Organization* must follow that agreement. The agreement may not limit the owner or operator’s right to withhold consent.
(b) Types of agreements. (1) For Schedule 2 facilities subject to Article VI, paragraph 4 inspections, the National Authority must ensure an agreement is concluded unless the facility’s owner, operator, occupant, or agent and the Technical Secretariat agree it is unnecessary. (2) For Schedule 3 facilities subject to Article VI, paragraph 5 or 6 inspections, it must ensure an agreement if the owner, operator, occupant, or agent requests one.
(c) Notice. Before the agreement is developed, the National Authority must notify the owner, operator, occupant, or agent. If that person asks, the person may help prepare the negotiation. To the greatest practicable extent consistent with the Convention*, the owner and the operator, occupant, or agent may observe negotiations between the United States and the Organization.
(d) Contents. The agreement must (1) identify areas, equipment, computers, records, data, and samples subject to inspection; (2) explain notice procedures; (3) describe inspection timeframes; and (4) detail what areas, equipment, computers, records, data, and samples are not subject to inspection.
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.
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.
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.
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 States and the Organization concerning that facility.
Facility agreements shall—
identify the areas, equipment, computers, records, data, and samples subject to inspection;
describe the procedures for providing notice of an inspection to the owner, occupant, operator, or agent in charge of a facility;
describe the timeframes for inspections; and
detail the areas, equipment, computers, records, data, and samples that are not subject to inspection.
Source credit: (Pub. L. 105–277, div. I, title III, § 302, Oct. 21, 1998, 112 Stat. 2681–872.)
- 1998Enacted · Pub. L. 105-277 · 112 Stat. 2681
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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