Working Paper by South Africa : Language for Inclusion in Annex D - Field Investigations (D) (WP.210)
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BWC/AD HOC GROUP/WP.210
9 September 1997
Original: ENGLISH
________________________________________________________________________________
Eighth session
Geneva, 15 September - 3 October 1997
Working Paper by South Africa
LANGUAGE FOR INCLUSION IN ANNEX D - FIELD INVESTIGATION
(D) CONDUCT OF INVESTIGATION
1. [Managed] access
The investigated State Party shall have the right, in accordance with the obligation to demonstrate compliance and the right if necessary to protect sensitive information, as set out in paragraphs 42 to 52 of Article III, Section F, Subsection III, of the Protocol, to take specific measures which may include but are not limited to the following:
(a) managing access to buildings and other structures that contain particular sensitive equipment or information unrelated to the prohibitions of the BTWC.
(b) declaring restricted-access sites which are particularly sensitive and unrelated to the investigation.
(c) limiting the time investigation team members may spend in any area or building, while allowing the team to fulfil its mandate;
(d) the investigated State Party may at any time during the investigation notify products and processes in which it has a proprietary interest in order to help the team respect the investigated State Party's right to safeguard proprietary information. It may request that if a specific piece of information is released to the team, it should be accorded the most stringent protection measures with the Organization.
The size, location and boundaries of restricted-access sites shall be presented to the leader of the investigation team no later than the time that the investigation team seeks access to a location that contains all or part of such a site.
GE.97-64113
BWC/AD HOC GROUP/WP.210
page 2
When a restricted-access site is declared each such site shall be no larger than four square kilometres and shall have clearly defined and accessible boundaries.
The investigation team shall have the right to take steps necessary to conduct its investigation up to the boundary of a restricted-access site.
The investigation team shall have the right to observe visually all open places within the restricted-access site from the boundary of the site.
The investigation team shall make every reasonable effort to fulfil the investigation mandate outside the declared restricted-access site. If at any time the investigation team demonstrates credibly to the investigated State Party that the necessary activities authorized in the investigation mandate could not be carried out from the outside and access to the restricted-access site is necessary to fulfil the mandate, some members of the investigation team shall be granted access to accomplish specific tasks within the site. The investigated State Party shall have the right to shroud or otherwise protect sensitive equipment, objects and materials not related to the purpose of the investigation. The number of investigators shall be kept to the minimum necessary to complete the tasks related to the investigation. The modalities for such access shall be subject to negotiation between the investigation team and the investigated State Party.
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