Working Paper by Japan : Proposed Language of Designation of Investigators and Investigation Assistants of investigation team (WP.207)
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BWC/AD HOC GROUP/WP.213
9 September 1997
Original: ENGLISH
________________________________________________________________________________
Eighth session
Geneva, 15 September - 3 October 1997
Working Paper submitted by Japan
Proposed Language on Designation of Investigators
and Investigation Assistants of investigation team
(Annex D INVESTIGATIONS [General Provision] 1. Designation of investigation team)
D. Investigation [General Provisions]
A. Designation of Investigators and Investigation Assistants
1. An investigation team shall consist of investigators, as necessary, 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 investigation assistants, such as technical and administrative personnel, and interpreters.
2. Not later than [30] days after entry into force of this Protocol the [Technical Secretariat] shall communicate, in writing, to all States Parties to this Protocol an initial list of the names, genders, dates and places of birth, nationalities, passport numbers and ranks of the investigators and investigation assistants proposed for designation, as well as a description of their qualifications and professional experiences.
3. Each State Party shall immediately acknowledge receipt of the initial list of investigators and investigation assistants, proposed for designation communicated to it. The State Party shall inform the [Technical Secretariat] in writing of its acceptance of each investigator and investigation assistant, not later than [30] days after acknowledgement of receipt of the list. Any investigator and investigation assistant included in this list shall be regarded as designated unless a States Party, not later than [30] days after acknowledgement of receipt of the list, declares its non-acceptance in writing. The State Party may include the reason for the objection.
In the case of non-acceptance, the proposed investigator or investigation assistant shall not undertake or participate in investigation activities on the territory or in any other place under the jurisdiction or control of the State Party which has declared its non-acceptance. The [Technical Secretariat] shall immediately confirm receipt of the notification of objection and also inform other States Parties of such objection. The [Technical Secretariat] shall, as necessary, submit further proposals in addition to the initial list.
GE.97-64131
BWC/AD HOC GROUP/WP.213
page 2
4. Subject to the provision of paragraph 5, a State Party shall have the right at any time to object to an investigator or investigation assistant who has already been designated. It shall notify the [Technical Secretariat] of its objection in writing and may include the reason for the objection. The [Technical Secretariat] shall immediately confirm receipt of the notification of objection and also inform other States Parties of such objection. Such objection shall come into effect [30] days after receipt by the [Technical Secretariat]. The [Technical Secretariat] shall immediately inform the State Party concerned of the withdrawal of the designation of the investigator or investigation assistant.
5. A State Party that has been notified of an investigation shall not seek to have removed from the investigation team for that investigation any of the designated investigators or investigation assistants named in the investigation team roster.
6. The number of investigators or investigation assistants accepted by and designated to a State Party must be sufficient to allow for availability and rotation of appropriate numbers of investigators and investigation assistants.
7. If, in the opinion of the [Director-General], the non-acceptance of proposed investigators or investigation assistants impedes the designation of a sufficient number of investigators or investigation assistants or otherwise hampers the effective fulfilment of the tasks of the [Technical Secretariat], the [Director-General] shall refer the issue to the [Executive Council].
8. Whenever amendments to the above-mentioned list of investigators and investigation assistants are necessary or requested, replacement investigators and investigation assistants shall be designated in the same manner as set forth with respect to the initial list.
9. The members of the investigation team carrying out an investigation of a facility [or a field] of a State Party located on the territory of another State Party shall be designated in accordance with the procedures set forth in this Annex as applied both to the investigated State Party and the Host State Party.
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