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22 U.S.C. § 8122Procedures for complementary access

submitted 20 years ago by Pub. L. 109-401 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 463 words · no verdicts yet

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This law sets the rules for how IAEA inspectors carry out site visits in the U.S. The government must give written notice before each visit and follow strict scope limits. Inspectors and U.S. officials must follow safety and security rules on site.

(a) In General. Every instance of IAEA "complementary access" to a U.S. location under the Additional Protocol must follow this subchapter's rules. (b) Notice. (1) Complementary access can only happen after the U.S. government gives actual written notice to the owner, operator, occupant, or agent in charge of the location. (2) The government must send that notice as soon as possible after it learns the IAEA seeks access. If actual written notice is not possible, the government may instead post the notice prominently at the location. (3) The notice must state: (i) the purpose of the access; (ii) why that particular facility, site, or location was chosen; (iii) the activities that will be carried out during the access; (iv) when the access is expected to begin, and the anticipated period it will cover; and (v) the names and titles of the inspectors. (4) A separate notice is required every time the IAEA seeks access. (c) Credentials. Before gaining entry, both the IAEA's complementary access team and the U.S. government's representatives or designees must display proper identifying credentials to the owner, operator, occupant, or agent in charge. (d) Scope. (1) Except as provided in a warrant issued under section 8123, and subject to the U.S. government's right under the Additional Protocol to limit access, the access may extend to all activities specifically permitted for such locations under Article 6 of the Additional Protocol. (2) Unless the Additional Protocol requires it, no inspection under this chapter may extend to: (A) financial data, other than production data; (B) sales and marketing data, other than shipment data; (C) pricing data; (D) personnel data; (E) patent data; (F) data kept for environmental or workplace health and safety compliance; or (G) research data. (e) Environment, Health, Safety, and Security. While carrying out their activities, members of the IAEA access team and representatives or designees of the U.S. government must observe applicable environmental, health, safety, and security regulations at the location — including rules protecting controlled environments inside a facility and rules for personal safety.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Each instance of complementary access to a location in the United States under the Additional Protocol shall be conducted in accordance with this subchapter.

(b) Notice
(1) In general

Complementary access referred to in subsection (a) may occur only upon the issuance of an actual written notice by the United States Government to the owner, operator, occupant, or agent in charge of the location to be subject to complementary access.

(2) Time of notification

The notice under paragraph (1) shall be submitted to such owner, operator, occupant, or agent as soon as possible after the United States Government has received notification that the IAEA seeks complementary access. Notices may be posted prominently at the location if the United States Government is unable to provide actual written notice to such owner, operator, occupant, or agent.

(3) Content of notice
(A)1 In general

The notice required by paragraph (1) shall specify—

(i)

the purpose for the complementary access;

(ii)

the basis for the selection of the facility, site, or other location for the complementary access sought;

(iii)

the activities that will be carried out during the complementary access;

(iv)

the time and date that the complementary access is expected to begin, and the anticipated period covered by the complementary access; and

(v)

the names and titles of the inspectors.

(4) Separate notices required

A separate notice shall be provided each time that complementary access is sought by the IAEA.

(c) Credentials

The complementary access team of the IAEA and representatives or designees of the United States Government shall display appropriate identifying credentials to the owner, operator, occupant, or agent in charge of the location before gaining entry in connection with complementary access.

(d) Scope
(1) In general

Except as provided in a warrant issued under section 8123 of this title, and subject to the rights of the United States Government under the Additional Protocol to limit complementary access, complementary access to a location pursuant to this chapter may extend to all activities specifically permitted for such locations under Article 6 of the Additional Protocol.

(2) Exception

Unless required by the Additional Protocol, no inspection under this chapter shall extend to—

(A)

financial data (other than production data);

(B)

sales and marketing data (other than shipment data);

(C)

pricing data;

(D)

personnel data;

(E)

patent data;

(F)

data maintained for compliance with environmental or occupational health and safety regulations; or

(G)

research data.

(e) Environment, health, safety, and security

In carrying out their activities, members of the IAEA complementary access team and representatives or designees of the United States Government shall observe applicable environmental, health, safety, and security regulations established at the location subject to complementary access, including those for protection of controlled environments within a facility and for personal safety.

Source credit: (Pub. L. 109–401, title II, § 222, Dec. 18, 2006, 120 Stat. 2744.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-401 · 120 Stat. 2744

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-401 on 2006-12-18.

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