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 Working Paper by Japan: Proposed Language on Access/Conduct of Investigations Including Measures to Guard Against Abuse (WP.221/Rev.1)

The full text of this Working Paper is provided below; this is from the 8th Session of the Ad Hoc Group of States Parties.  Please note: the page numbers given are those which appear in the original text; these appear at the top of the relevant page.

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AD HOC GROUP OF THE STATES PARTIES
TO THE CONVENTION ON THE PROHIBITION
OF THE DEVELOPMENT, PRODUCTION AND
STOCKPILING OF BACTERIOLOGICAL
(BIOLOGICAL) AND TOXIN WEAPONS AND
ON THEIR DESTRUCTION

BWC/AD HOC GROUP/WP.212/Rev.1
18 September 1997

Original: ENGLISH

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Eighth session
Geneva, 15 September - 3 October 1997

Working Paper submitted by Japan

Proposed Language on Access/Conduct of Investigations
Including Measures to Guard Against Abuse

(Article III Compliance Measures, III Investigations (G) Access/Conduct of Investigations Including Measures to Guard Against Abuse)

43bis. In cases where the investigation area is under the jurisdiction or control of the investigated State Party but is located on the territory of another State Party or where the access from the point of entry to the investigation area requires transit through the territory of a State Party other than the investigated State Party, the investigated State Party shall exercise the rights and fulfil the obligations concerning such investigations in accordance with this Protocol. In such a case, the State Party on whose territory the investigation area is located shall facilitate the investigation and shall provide for the necessary support to enable the investigation team to carry out its tasks in a timely and effective manner. States Parties through whose territory transit is required to reach the investigation area shall facilitate such transit.

43ter. In cases where the investigation area is under the jurisdiction or control of the investigated State Party but is located on the territory of a State not Party to this Protocol, the investigated State Party shall take all necessary measures to ensure that the investigation can be carried out in accordance with this Protocol. A State Party that has under its jurisdiction or control one or more areas on the territory of a State not Party to this Protocol shall take all necessary measures to ensure acceptance by the State on whose territory the investigation area is located of investigators and investigation assistants designated to that State Party. If an investigated State Party is unable to ensure access, it shall demonstrate that it took all necessary measures to ensure access.

43quater. In cases where the investigation area is located on the territory of a State Party but is under the jurisdiction or control of a State not Party to this Protocol, the State Party shall take all necessary measures required of an

BWC/AD HOC GROUP/WP.212/Rev.1
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investigated State Party and a State Party on whose territory the investigation area is located, without prejudice to the rules and practices of international law, to ensure that the investigation can be carried out in accordance with this Protocol. If the State Party is unable to ensure access to the investigation area, it shall demonstrate that it took all necessary measures to ensure access, without prejudice to the rules and practices of international law.

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