Working Paper by South Africa : Language for Inclusion in Annex D of the Rolling Text (WP.208)
Click here to view the Disclaimer.
Click here to return to the list of Working Papers.
BWC/AD HOC GROUP/WP.208
9 September 1997
Original: ENGLISH
________________________________________________________________________________
Eighth session
Geneva, 15 September - 3 October 1997
Working Paper by South Africa
LANGUAGE FOR INCLUSION IN ANNEX D OF THE ROLLING TEXT
GENERAL PROVISIONS
A. DESIGNATION OF INVESTIGATION TEAMS.
Designation of investigators and investigation personnel
1. An investigation team may consist of investigators and investigation assistants. An investigation shall only be carried out by qualified investigators specially designated for this function. They may be assisted by specially designated inspection assistants, such as technical and administrative personnel, aircrew, interpreters and cultural experts.
2. Investigators and investigation assistants shall be nominated for designation by the States Parties on the permanent or part time staff of the Scientific Support Centre (SSC) on the basis of their expertise and experience relevant to the purpose of investigations of non-compliance concerns. The State Party shall indicate whether a person is proposed for the permanent or part time staff of the Scientific Support Centre (SSC).
3. Each state Party, no later than 30 days after the entry into force of this Protocol or accession to the Protocol, shall notify the Director General of the names, dates of birth, sex, ranks, qualifications and professional experience of the persons proposed by the State Party for designation as investigators or investigation assistants.
4. No later than 60 days after the entry into force of this Protocol, the Technical Secretariat shall communicate in writing to all States Parties an initial list of the names, nationalities, dates of birth, sex and ranks of the investigators and investigation assistants proposed for designation by the Director-General and the States Parties, as well as a description of their qualifications and professional experience.
GE.97-64101
BWC/AD HOC GROUP/WP.208
Page 2
5. Each State Party shall immediately acknowledge receipt of the initial list of investigators and investigation assistants proposed for designation. Any investigator or investigation assistant included in this list shall be regarded as accepted unless a State Party, no later than 30 days after acknowledgment of receipt of the list, declares its nonacceptance in writing. The State Party may include the reason for the objection. In the case of nonacceptance, the proposed investigator or investigation assistant shall not undertake or participate in on-site investigation activities on the territory or in any other place under the jurisdiction or control of the State Party that has declared its nonacceptance. The Technical Secretariat shall immediately confirm receipt of the notification of objection.
6. Whenever additions or changes to the list of investigators and investigation assistants are proposed by the Director-General or a State Party, replacement investigators and investigation assistants shall be designated in the same manner as set forth with respect to the initial list. Each State Party shall promptly notify the Technical Secretariat if an investigator or investigation assistant nominated by it can no longer fulfil the duties of an investigator and investigation assistant.
7. The Technical Secretariat shall keep the list of investigators and investigation assistants up to date and notify all States Parties of any additions or changes to the list.
8. A State Party requesting an on-site investigation may propose that an investigator from the list of investigators and investigation assistants serve as its observer in accordance with Article III section H paragraph ....
9. Subject to paragraph 10, a State Party shall have the right at any time to object to an investigator or investigation assistant who has already been accepted. It shall notify the Technical Secretariat of its objection in writing and may include the reason for the objection. Such objection shall come into effect 30 days after receipt of the notification by the Technical Secretariat. The Technical Secretariat shall immediately confirm receipt of the notification of the objection and inform the objecting and nominating States Parties of the date on which the investigator or investigation assistant shall cease to be designated for that State Party.
10. A State Party that has been notified of an investigation shall not seek the removal from the investigation team of any of the inspectors or investigation assistants named in the investigation mandate.
11. The number of investigators and investigation assistants accepted by a State Party must be sufficient to allow for availability of appropriate numbers of investigators and
BWC/AD HOC GROUP/WP.208
Page 3
investigation assistants. If, in the opinion of the DirectorGeneral, the nonacceptance by a State Party of proposed investigators or investigation assistants impedes the designation of a sufficient number of investigators and investigation assistants or otherwise hampers the effective fulfilment of the purposes of an on-site investigation, the DirectorGeneral shall refer the issue to the Executive Council.
12. Each investigator or investigation assistant included in the list of investigators and investigation assistants shall receive relevant training. Such training shall be provided by the Technical Secretariat pursuant to the procedures specified in the [Appendix ...] [Operational Manual for OnSite Investigations]. The Technical Secretariat shall co-ordinate, in agreement with the States Parties, a schedule of training for the investigators.
Accreditation of laboratories
13. No later than 30 days after entry into force of this Protocol the Technical Secretariat shall communicate the laboratory capabilities required for accreditation.
14. States Parties shall nominate laboratories covering the required capabilities, to the Technical Secretariat for accreditation.
15. The nominated laboratories shall be evaluated by the SSC of the Technical Secretariat . The successful laboratories shall be accredited to the Technical Secretariat.
16. The technical Secretariat shall no later than 30 days after the finalisation of the evaluation process, communicate a list of all the successful laboratories to all State Parties.
B. PRIVILEGES AND IMMUNITIES
17. Following acceptance of the initial list of investigators and investigation assistants as provided for in paragraph 3 and 4 or as subsequently altered in accordance with paragraph 7, each State Party shall be obliged to issue, in accordance with its national procedures and upon application by an investigator or investigation assistant, multiple entry/exit and/or transit visas and other relevant documents to enable each investigator and investigation assistant to enter and to remain on the territory of that State Party for the sole purpose of carrying out investigation activities. Each State Party shall issue the necessary visa or travel documents for this purpose no later than 48 hours after receipt of the application or immediately upon arrival of the investigation team at the point of entry on the territory of the State Party. Such documents shall be valid for as long as is necessary to enable the investigator or investigation
BWC/AD HOC GROUP/WP.208
Page 4
assistant to remain on the territory of the investigated State Party for the sole purpose of carrying out the investigation activities.
18. To exercise their functions effectively, members of the investigation team shall be accorded privileges and immunities as set forth in subparagraphs (a) to (I). Privileges and immunities shall be granted to members of the investigation team for the sake of this Protocol and not for the personal benefit of the individuals themselves. Such privileges and immunities shall be accorded to them for the entire period between arrival on and departure from the territory of the investigated State Party, and thereafter with respect to acts previously performed in the exercise of their official functions.
(a) The members of the investigation team shall be accorded the inviolability enjoyed by diplomatic agents pursuant to Article 29 of the Vienna Convention on Diplomatic Relations of 18 April 1961;
(b) The living quarters and office premises occupied by the investigation team carrying out investigation activities pursuant to this Protocol shall be accorded the inviolability and protection accorded to the premises of diplomatic agents pursuant to Article 30, paragraph 1, of the Vienna Convention on Diplomatic Relations;
(c) The papers and correspondence, including records, of the investigation team shall enjoy the inviolability accorded to all papers and correspondence of diplomatic agents pursuant to Article 30, paragraph 2, of the Vienna Convention on Diplomatic Relations. The investigation team shall have the right to use codes for their communications with the Technical Secretariat;
(d) Samples and approved equipment carried by members of the investigation team shall be inviolable subject to provisions contained in this Protocol and exempt from all customs duties. Hazardous samples shall be transported in accordance with relevant regulations;
(e) The members of the investigation team shall be accorded the immunities accorded to diplomatic agents pursuant to Article 31, paragraphs 1, 2 and 3, of the Vienna Convention on Diplomatic Relations;
(f) The members of the investigation team carrying out prescribed activities pursuant to this Protocol shall be accorded the exemption from dues and taxes accorded to diplomatic agents pursuant to Article 34 of the Vienna Convention on Diplomatic Relations;
BWC/AD HOC GROUP/WP.208
Page 5
(g) The members of the investigation team shall be permitted to bring into the territory of the inspected State Party, without payment of any customs duties or related charges, articles for personal use, with the exception of articles the import or export of which is prohibited by law or controlled by quarantine regulations;
(h) The members of the investigation team shall be accorded the same currency and exchange facilities as are accorded to representatives of foreign Governments on temporary official missions; and
(i) The members of the investigation team shall not engage in any professional or commercial activity for personal profit on the territory of the inspected State Party.
19. When transiting the territory of States Parties other than the inspected State Party, the members of the investigation team shall be accorded the privileges and immunities enjoyed by diplomatic agents pursuant to Article 40, paragraph 1, of the Vienna Convention on Diplomatic Relations. Papers and correspondence, including records, and samples and approved equipment carried by them, shall be accorded the privileges and immunities set forth in paragraph 14 (c) and (d).
20. Without prejudice to their privileges and immunities, the members of the investigation team shall be obliged to respect the laws and regulations of the inspected State Party and, to the extent that is consistent with the investigation mandate, shall be obliged not to interfere in the internal affairs of that State. If the inspected State Party considers that there has been an abuse of privileges and immunities specified in this Protocol, consultations shall be held between the State Party and the DirectorGeneral to determine whether such an abuse has occurred and, if so determined, to prevent a repetition of such an abuse.
21. The immunity from jurisdiction of members of the investigation team may be waived by the DirectorGeneral in those cases when the DirectorGeneral is of the opinion that immunity would impede the course of justice and that it can be waived without prejudice to the implementation of the provisions of this Protocol. Waiver must always be express.
22. Observers shall be accorded the same privileges and immunities accorded to members of the investigation team pursuant to this section, except for those accorded pursuant to paragraph 14 (d).
BWC/AD HOC GROUP/WP.208
Page 6
C. STANDING ARRANGEMENTS
Points of entry
23. Each State Party shall designate its points of entry and shall supply the required information to the Technical Secretariat no later than 30 days after this Protocol enters into force for it. These points of entry shall be such that the investigation team can reach any investigation area from at least one point of entry within 24 hours. Locations of points of entry shall be provided to all States Parties by the Technical Secretariat. Points of entry may also serve as points of exit.
24. Each State Party may change its points of entry by giving notice of such change to the Technical Secretariat. Changes shall become effective 30 days after the Technical Secretariat receives such notification, to allow appropriate notification to all States Parties.
25. If the Technical Secretariat considers that there are insufficient points of entry for the timely conduct of investigations or that changes to the points of entry proposed by a State Party would hamper such timely conduct of investigations, it shall enter into consultations with the State Party concerned to resolve the problem.
Arrangements for use of non-scheduled aircraft
26. Where timely travel to the point of entry is not feasible using scheduled commercial flights, an investigation team may utilize non-scheduled aircraft. No later than 30 days after this Protocol enters into force for it, each State Party shall inform the Technical Secretariat of the standing diplomatic clearance number for nonscheduled aircraft transporting an investigation team and equipment necessary for inspection. Aircraft routings shall be along established international airways that are agreed upon between the State Party and the Technical Secretariat as the basis for such diplomatic clearance.
Administrative arrangements
27. The investigated State Party shall provide or arrange for the amenities necessary for the investigation team such as transport, communications means, interpretation, working space, lodging, meals and medical care. In this regard, the investigated State Party shall be reimbursed by the Organisation for such costs incurred by the investigation team.
Approved investigation equipment
28. The equipment for use during on-site investigations is specified in Appendix .... Specifications for the use of the equipment, as detailed in [Appendix ...][Operational Manual
BWC/AD HOC GROUP/WP.208
Page 7
for On-Site Investigations] shall take account of safety and confidentiality considerations where such equipment is likely to be used.
29. The Technical Secretariat shall, as appropriate, update the list of equipment. The updated list shall be considered and approved by the Conference.
30. The Technical Secretariat shall ensure that all types of approved equipment are available for on-site investigations when required. When required for an on-site inspection, the Technical Secretariat shall duly certify that the equipment has been calibrated, maintained and protected. To facilitate the checking of the equipment at the point of entry by the inspected State Party, the Technical Secretariat shall provide documentation and attach seals to authenticate the certification.
31. Any permanently held equipment shall be in the custody of the Technical Secretariat. The Technical Secretariat shall be responsible for the maintenance and calibration of such equipment.
32. Subject to paragraph 28, there shall be no restriction by the investigated State Party on the investigation team bringing into investigation site such equipment on the list which the Technical Secretariat has determined to be necessary to fulfil the investigation requirements.
33. The investigated State Party shall have the right, without prejudice to the prescribed time-frames, to inspect the equipment in the presence of inspection team members at the point of entry, i.e., to check the identity of the equipment brought in or removed from the territory of the investigated State Party. To facilitate such identification, the Technical Secretariat shall attach documents and devices to authenticate its destination and approval of the equipment. The inspection of the equipment shall also ascertain to the satisfaction of the investigated State Party that the equipment meets the description of the approved equipment for the particular type of investigation. The investigated State Party may exclude equipment not meeting that description or equipment without the above-mentioned authentication documents and devices.
34. As appropriate, the Technical Secretariat shall make arrangements with States Parties to provide equipment mentioned in the list. Such States Parties shall be responsible for the maintenance and calibration of such equipment.
Measures to guard against abuse during an investigation
35. In carrying out the investigation in accordance with the investigation mandate, the investigation team shall use only those methods necessary to provide sufficient relevant facts
BWC/AD HOC GROUP/WP.208
Page 8
to clarify the concern about possible non-compliance concern described in the investigation mandate and shall refrain from activities not relevant thereto.
36. It shall collect and document such facts as are related to the possible non-compliance concern described in the investigation mandate but shall neither seek nor document information which is clearly not related thereto, unless the investigated State Party expressly requests it to do so. Any material collected and subsequently found not to be relevant shall not be retained.
_________