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Page 1: Comprehensive Nuclear-Test-Ban Treaty (CTBT) · Comprehensive Nuclear-Test-Ban Treaty (CTBT) and Text on the Establishment of a Preparatory Commission for the Comprehensive Nuclear-Test-Ban

ComprehensiveNuclear-Test-BanTreaty (CTBT)

andText on the Establishment of aPreparatory Commission for theComprehensive Nuclear-Test-BanTreaty Organization

www.ctbto.org

English.qxd 13.05.2004 06:29 Seite 4

English Treaty.indd 1 20/06/14 10:11

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The Comprehensive Nuclear-Test-Ban Treaty wasadopted by the General Assembly on 10 September 1996(resolution 50/245) and was opened for signature by allStates on 24 September 1996. It will enter into force 180days after the date of deposit of the instruments ofratification by all States listed in Annex 2 to the Treaty. Thenames of the countries are those that were in use when theTreaty was adopted.

The Text on the Establishment of a PreparatoryCommission for the Comprehensive Nuclear-Test-BanTreaty Organization was adopted on 19 November 1996(resolution CTBT/MSS/RES/1) at a Meeting of StatesSignatories convened by the Secretary-General of theUnited Nations in his capacity as Depositary of the Treaty.

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CONTENTS

PageGeneral Assembly resolution 50/245 of10 September 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . viii

Comprehensive Nuclear-Test-Ban Treaty

Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

I. Basic obligations . . . . . . . . . . . . . . . . . . . . . . . . 2

II. The Organization . . . . . . . . . . . . . . . . . . . . . . . . 3

A. General provisions . . . . . . . . . . . . . . . . . . . 3

B. The Conference of the States Parties . . . . . 5Composition, procedures anddecision-making . . . . . . . . . . . . . . . . . . . . 5Powers and functions . . . . . . . . . . . . . . . . 7

C. The Executive Council . . . . . . . . . . . . . . . 9Composition, procedures anddecision-making . . . . . . . . . . . . . . . . . . . . 9Powers and functions . . . . . . . . . . . . . . . . 11

D. The Technical Secretariat . . . . . . . . . . . . . 13

E. Privileges and immunities . . . . . . . . . . . . . 17

III. National implementation measures . . . . . . . . . . 18

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The Comprehensive Nuclear-Test-Ban Treaty wasadopted by the General Assembly on 10 September 1996(resolution 50/245) and was opened for signature by allStates on 24 September 1996. It will enter into force 180days after the date of deposit of the instruments ofratification by all States listed in Annex 2 to the Treaty. Thenames of the countries are those that were in use when theTreaty was adopted.

The Text on the Establishment of a PreparatoryCommission for the Comprehensive Nuclear-Test-BanTreaty Organization was adopted on 19 November 1996(resolution CTBT/MSS/RES/1) at a Meeting of StatesSignatories convened by the Secretary-General of theUnited Nations in his capacity as Depositary of the Treaty.

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i i i

CONTENTS

PageGeneral Assembly resolution 50/245 of10 September 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . viii

Comprehensive Nuclear-Test-Ban Treaty

Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

I. Basic obligations . . . . . . . . . . . . . . . . . . . . . . . . 2

II. The Organization . . . . . . . . . . . . . . . . . . . . . . . . 3

A. General provisions . . . . . . . . . . . . . . . . . . . 3

B. The Conference of the States Parties . . . . . 5Composition, procedures anddecision-making . . . . . . . . . . . . . . . . . . . . 5Powers and functions . . . . . . . . . . . . . . . . 7

C. The Executive Council . . . . . . . . . . . . . . . 9Composition, procedures anddecision-making . . . . . . . . . . . . . . . . . . . . 9Powers and functions . . . . . . . . . . . . . . . . 11

D. The Technical Secretariat . . . . . . . . . . . . . 13

E. Privileges and immunities . . . . . . . . . . . . . 17

III. National implementation measures . . . . . . . . . . 18

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IV. Verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

A. General provisions . . . . . . . . . . . . . . . . . . . 19Verification responsibilities of theTechnical Secretariat . . . . . . . . . . . . . . . . . 21

B. The International Monitoring System . . . . 23Funding the International MonitoringSystem . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Changes to the International MonitoringSystem . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Temporary arrangements . . . . . . . . . . . . . . 27Cooperating national facilities . . . . . . . . . . 27

C. Consultation and clarification . . . . . . . . . . 28D. On-site inspections . . . . . . . . . . . . . . . . . . 30

Request for an on-site inspection . . . . . . . 30Follow-up after submission of an on-siteinspection request . . . . . . . . . . . . . . . . . . . 31Executive Council decisions . . . . . . . . . . . 32Follow-up after Executive Councilapproval of an on-site inspection . . . . . . . . 34The conduct of an on-site inspection . . . . . 35Observer . . . . . . . . . . . . . . . . . . . . . . . . . . 36Reports of an on-site inspection . . . . . . . . 37Frivolous or abusive on-site inspectionrequests . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

E. Confidence-building measures . . . . . . . . . . 39

V. Measures to redress a situation and to ensurecompliance, including sanctions . . . . . . . . . . . . 40

VI. Settlement of disputes . . . . . . . . . . . . . . . . . . . . 40

VII. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

VIII. Review of the Treaty . . . . . . . . . . . . . . . . . . . . . 44

IX. Duration and withdrawal . . . . . . . . . . . . . . . . . . 45

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X. Status of the Protocol and the Annexes . . . . . . . 45

XI. Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

XII. Ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

XIII. Accession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

XIV. Entry into force . . . . . . . . . . . . . . . . . . . . . . . . . 46

XV. Reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

XVI. Depositary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

XVII. Authentic texts . . . . . . . . . . . . . . . . . . . . . . . . . . 48

Annexes to the Treaty

1. List of States pursuant to Article II, paragraph 28 . . 482. List of States pursuant to Article XIV . . . . . . . . . . . 50

Protocol to the Comprehensive Nuclear Test-Ban Treaty

Part I. The International Monitoring System andInternational Data Centre functions . . . . . . . . . 51

A. General provisions . . . . . . . . . . . . . . . . . . . 51

B. Seismological monitoring . . . . . . . . . . . . . 52

C. Radionuclide monitoring . . . . . . . . . . . . . . 53

D. Hydroacoustic monitoring . . . . . . . . . . . . . 54

E. Infrasound monitoring . . . . . . . . . . . . . . . . 55

F. International Data Centre functions . . . . . 55International Data Centre standardproducts . . . . . . . . . . . . . . . . . . . . . . . . . . . 56International Data Centre services toStates Parties . . . . . . . . . . . . . . . . . . . . . . . 57National event screening . . . . . . . . . . . . . . 58Technical assistance . . . . . . . . . . . . . . . . . 59

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IV. Verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

A. General provisions . . . . . . . . . . . . . . . . . . . 19Verification responsibilities of theTechnical Secretariat . . . . . . . . . . . . . . . . . 21

B. The International Monitoring System . . . . 23Funding the International MonitoringSystem . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Changes to the International MonitoringSystem . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Temporary arrangements . . . . . . . . . . . . . . 27Cooperating national facilities . . . . . . . . . . 27

C. Consultation and clarification . . . . . . . . . . 28D. On-site inspections . . . . . . . . . . . . . . . . . . 30

Request for an on-site inspection . . . . . . . 30Follow-up after submission of an on-siteinspection request . . . . . . . . . . . . . . . . . . . 31Executive Council decisions . . . . . . . . . . . 32Follow-up after Executive Councilapproval of an on-site inspection . . . . . . . . 34The conduct of an on-site inspection . . . . . 35Observer . . . . . . . . . . . . . . . . . . . . . . . . . . 36Reports of an on-site inspection . . . . . . . . 37Frivolous or abusive on-site inspectionrequests . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

E. Confidence-building measures . . . . . . . . . . 39

V. Measures to redress a situation and to ensurecompliance, including sanctions . . . . . . . . . . . . 40

VI. Settlement of disputes . . . . . . . . . . . . . . . . . . . . 40

VII. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

VIII. Review of the Treaty . . . . . . . . . . . . . . . . . . . . . 44

IX. Duration and withdrawal . . . . . . . . . . . . . . . . . . 45

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X. Status of the Protocol and the Annexes . . . . . . . 45

XI. Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

XII. Ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

XIII. Accession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

XIV. Entry into force . . . . . . . . . . . . . . . . . . . . . . . . . 46

XV. Reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

XVI. Depositary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

XVII. Authentic texts . . . . . . . . . . . . . . . . . . . . . . . . . . 48

Annexes to the Treaty

1. List of States pursuant to Article II, paragraph 28 . . 482. List of States pursuant to Article XIV . . . . . . . . . . . 50

Protocol to the Comprehensive Nuclear Test-Ban Treaty

Part I. The International Monitoring System andInternational Data Centre functions . . . . . . . . . 51

A. General provisions . . . . . . . . . . . . . . . . . . . 51

B. Seismological monitoring . . . . . . . . . . . . . 52

C. Radionuclide monitoring . . . . . . . . . . . . . . 53

D. Hydroacoustic monitoring . . . . . . . . . . . . . 54

E. Infrasound monitoring . . . . . . . . . . . . . . . . 55

F. International Data Centre functions . . . . . 55International Data Centre standardproducts . . . . . . . . . . . . . . . . . . . . . . . . . . . 56International Data Centre services toStates Parties . . . . . . . . . . . . . . . . . . . . . . . 57National event screening . . . . . . . . . . . . . . 58Technical assistance . . . . . . . . . . . . . . . . . 59

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Part II. On-site inspections . . . . . . . . . . . . . . . . . . . . . . 59

A. General provisions . . . . . . . . . . . . . . . . . . . 59

B. Standing arrangements . . . . . . . . . . . . . . . 62Designation of inspectors and inspectionassistants . . . . . . . . . . . . . . . . . . . . . . . . . . 62Privileges and immunities . . . . . . . . . . . . . 65Points of entry . . . . . . . . . . . . . . . . . . . . . . 68Arrangements for use of non-scheduledaircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68Approved inspection equipment . . . . . . . . 69

C. On-site inspection request, inspectionmandate and notification of inspection . . . 70On-site inspection request . . . . . . . . . . . . . 70Inspection mandate . . . . . . . . . . . . . . . . . . 70Notification of inspection . . . . . . . . . . . . . 71

D. Pre-inspection activities . . . . . . . . . . . . . . 72Entry into the territory of the inspectedState Party, activities at the point of entryand transfer to the inspection area . . . . . . . 72

E. Conduct of inspections . . . . . . . . . . . . . . . 75General rules . . . . . . . . . . . . . . . . . . . . . . . 75Communications . . . . . . . . . . . . . . . . . . . . 77Observer . . . . . . . . . . . . . . . . . . . . . . . . . . 77Inspection activities and techniques . . . . . 78Overflights . . . . . . . . . . . . . . . . . . . . . . . . . 80Managed access . . . . . . . . . . . . . . . . . . . . . 82Collection, handling and analysis ofsamples . . . . . . . . . . . . . . . . . . . . . . . . . . . 85Conduct of inspections in areas beyondthe jurisdiction or control of any State . . . 87Post-inspection procedures . . . . . . . . . . . . 88Departure . . . . . . . . . . . . . . . . . . . . . . . . . . 88

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Part III. Confidence-building measures . . . . . . . . . . . . 89

Annex 1 to the ProtocolTable 1-A. List of seismological stations comprising

the primary network . . . . . . . . . . . . . . . . . 90Table 1-B. List of seismological stations comprising

the auxiliary network . . . . . . . . . . . . . . . . . 96Table 2-A. List of radionuclide stations . . . . . . . . . . . 108Table 2-B. List of radionuclide laboratories . . . . . . . . 113Table 3. List of hydroacoustic stations . . . . . . . . . . 115Table 4. List of infrasound stations . . . . . . . . . . . . . 116

Annex 2 to the ProtocolList of characterization parameters for InternationalData Centre standard event screening . . . . . . . . . . . . . . . 120

Text on the Establishmentof a Preparatory Commission for the Comprehensive

Nuclear-Test-Ban Treaty Organization

Resolution establishing the Preparatory Commissionfor the Comprehensive Nuclear-Test-BanTreaty Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123Annex. Text on the Establishment of a Preparatory

Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization . . . . . . . . . . 124

Appendix. Indicative list of verification tasks of thePreparatory Commission . . . . . . . . . . . . . . 131

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Part II. On-site inspections . . . . . . . . . . . . . . . . . . . . . . 59

A. General provisions . . . . . . . . . . . . . . . . . . . 59

B. Standing arrangements . . . . . . . . . . . . . . . 62Designation of inspectors and inspectionassistants . . . . . . . . . . . . . . . . . . . . . . . . . . 62Privileges and immunities . . . . . . . . . . . . . 65Points of entry . . . . . . . . . . . . . . . . . . . . . . 68Arrangements for use of non-scheduledaircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68Approved inspection equipment . . . . . . . . 69

C. On-site inspection request, inspectionmandate and notification of inspection . . . 70On-site inspection request . . . . . . . . . . . . . 70Inspection mandate . . . . . . . . . . . . . . . . . . 70Notification of inspection . . . . . . . . . . . . . 71

D. Pre-inspection activities . . . . . . . . . . . . . . 72Entry into the territory of the inspectedState Party, activities at the point of entryand transfer to the inspection area . . . . . . . 72

E. Conduct of inspections . . . . . . . . . . . . . . . 75General rules . . . . . . . . . . . . . . . . . . . . . . . 75Communications . . . . . . . . . . . . . . . . . . . . 77Observer . . . . . . . . . . . . . . . . . . . . . . . . . . 77Inspection activities and techniques . . . . . 78Overflights . . . . . . . . . . . . . . . . . . . . . . . . . 80Managed access . . . . . . . . . . . . . . . . . . . . . 82Collection, handling and analysis ofsamples . . . . . . . . . . . . . . . . . . . . . . . . . . . 85Conduct of inspections in areas beyondthe jurisdiction or control of any State . . . 87Post-inspection procedures . . . . . . . . . . . . 88Departure . . . . . . . . . . . . . . . . . . . . . . . . . . 88

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Part III. Confidence-building measures . . . . . . . . . . . . 89

Annex 1 to the ProtocolTable 1-A. List of seismological stations comprising

the primary network . . . . . . . . . . . . . . . . . 90Table 1-B. List of seismological stations comprising

the auxiliary network . . . . . . . . . . . . . . . . . 96Table 2-A. List of radionuclide stations . . . . . . . . . . . 108Table 2-B. List of radionuclide laboratories . . . . . . . . 113Table 3. List of hydroacoustic stations . . . . . . . . . . 115Table 4. List of infrasound stations . . . . . . . . . . . . . 116

Annex 2 to the ProtocolList of characterization parameters for InternationalData Centre standard event screening . . . . . . . . . . . . . . . 120

Text on the Establishmentof a Preparatory Commission for the Comprehensive

Nuclear-Test-Ban Treaty Organization

Resolution establishing the Preparatory Commissionfor the Comprehensive Nuclear-Test-BanTreaty Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123Annex. Text on the Establishment of a Preparatory

Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization . . . . . . . . . . 124

Appendix. Indicative list of verification tasks of thePreparatory Commission . . . . . . . . . . . . . . 131

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50/245. Comprehensive Nuclear-Test-Ban Treaty

The General Assembly,

Recalling its resolution 50/65 of 12 December 1995, inwhich the Assembly declared its readiness to resume consid-eration of the item “Comprehensive test-ban treaty”, as neces-sary, before its fifty-first session in order to endorse the text ofa comprehensive nuclear-test-ban treaty,

1. Adopts the Comprehensive Nuclear-Test-Ban Treaty, ascontained in document A/50/1027;

2. Requests the Secretary-General, as depositary of theTreaty, to open it for signature, at United Nations Headquar-ters, at the earliest possible date;

3. Calls upon all States to sign and, thereafter, accordingto their respective constitutional processes, to become partiesto the Treaty at the earliest possible date;

4. Also requests the Secretary-General, as depositary of theTreaty, to report to the General Assembly at its fifty-secondsession on the status of signature and ratifications of theTreaty.

125th plenary meeting10 September 1996

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COMPREHENSIVE NUCLEAR-TEST-BAN TREATY

Preamble

The States Parties to this Treaty (hereinafter referred to as“the States Parties”),

Welcoming the international agreements and other positivemeasures of recent years in the field of nuclear disarmament,including reductions in arsenals of nuclear weapons, as wellas in the field of the prevention of nuclear proliferation in allits aspects,

Underlining the importance of the full and prompt imple-mentation of such agreements and measures,

Convinced that the present international situation providesan opportunity to take further effective measures towards nu-clear disarmament and against the proliferation of nuclearweapons in all its aspects, and declaring their intention totake such measures,

Stressing therefore the need for continued systematic andprogressive efforts to reduce nuclear weapons globally, withthe ultimate goal of eliminating those weapons, and of gen-eral and complete disarmament under strict and effective in-ternational control,

Recognizing that the cessation of all nuclear weapon testexplosions and all other nuclear explosions, by constrainingthe development and qualitative improvement of nuclear

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weapons and ending the development of advanced new typesof nuclear weapons, constitutes an effective measure of nu-clear disarmament and non-proliferation in all its aspects,

Further recognizing that an end to all such nuclear explo-sions will thus constitute a meaningful step in the realizationof a systematic process to achieve nuclear disarmament,

Convinced that the most effective way to achieve an end tonuclear testing is through the conclusion of a universal andinternationally and effectively verifiable comprehensive nu-clear test-ban treaty, which has long been one of the highestpriority objectives of the international community in the fieldof disarmament and non-proliferation,

Noting the aspirations expressed by the Parties to the 1963Treaty Banning Nuclear Weapon Tests in the Atmosphere, inOuter Space and Under Water to seek to achieve the discon-tinuance of all test explosions of nuclear weapons for all time,

Noting also the views expressed that this Treaty could con-tribute to the protection of the environment,

Affirming the purpose of attracting the adherence of allStates to this Treaty and its objective to contribute effectivelyto the prevention of the proliferation of nuclear weapons in allits aspects, to the process of nuclear disarmament and thereforeto the enhancement of international peace and security,

Have agreed as follows:

Article I. Basic obligations

1. Each State Party undertakes not to carry out any nuclearweapon test explosion or any other nuclear explosion, and toprohibit and prevent any such nuclear explosion at any placeunder its jurisdiction or control.

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Art

icle

I2. Each State Party undertakes, furthermore, to refrain fromcausing, encouraging, or in any way participating in the car-rying out of any nuclear weapon test explosion or any othernuclear explosion.

Article II. The Organization

A. General provisions

1. The States Parties hereby establish the ComprehensiveNuclear-Test-Ban Treaty Organization (hereinafter referred toas “the Organization”) to achieve the object and purpose ofthis Treaty, to ensure the implementation of its provisions,including those for international verification of compliancewith it, and to provide a forum for consultation and coopera-tion among States Parties.

2. All States Parties shall be members of the Organization.A State Party shall not be deprived of its membership in theOrganization.

3. The seat of the Organization shall be Vienna, Republic ofAustria.

4. There are hereby established as organs of the Organiza-tion: the Conference of the States Parties, the ExecutiveCouncil and the Technical Secretariat, which shall include theInternational Data Centre.

5. Each State Party shall cooperate with the Organization inthe exercise of its functions in accordance with this Treaty.States Parties shall consult, directly among themselves, orthrough the Organization or other appropriate internationalprocedures, including procedures within the framework of theUnited Nations and in accordance with its Charter, on anymatter which may be raised relating to the object and purpose,or the implementation of the provisions, of this Treaty.

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6. The Organization shall conduct its verification activitiesprovided for under this Treaty in the least intrusive mannerpossible consistent with the timely and efficient accomplish-ment of their objectives. It shall request only the informationand data necessary to fulfil its responsibilities under thisTreaty. It shall take every precaution to protect the confiden-tiality of information on civil and military activities and fa-cilities coming to its knowledge in the implementation of thisTreaty and, in particular, shall abide by the confidentialityprovisions set forth in this Treaty.

7. Each State Party shall treat as confidential and affordspecial handling to information and data that it receives inconfidence from the Organization in connection with the im-plementation of this Treaty. It shall treat such information anddata exclusively in connection with its rights and obligationsunder this Treaty.

8. The Organization, as an independent body, shall seek toutilize existing expertise and facilities, as appropriate, and tomaximize cost efficiencies, through cooperative arrangementswith other international organizations such as the Interna-tional Atomic Energy Agency. Such arrangements, excludingthose of a minor and normal commercial and contractualnature, shall be set out in agreements to be submitted to theConference of the States Parties for approval.

9. The costs of the activities of the Organization shall bemet annually by the States Parties in accordance with theUnited Nations scale of assessments adjusted to take intoaccount differences in membership between the United Na-tions and the Organization.

10. Financial contributions of States Parties to the Prepara-tory Commission shall be deducted in an appropriate wayfrom their contributions to the regular budget.

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11. A member of the Organization which is in arrears in thepayment of its assessed contribution to the Organization shallhave no vote in the Organization if the amount of its arrearsequals or exceeds the amount of the contribution due from itfor the preceding two full years. The Conference of the StatesParties may, nevertheless, permit such a member to vote if itis satisfied that the failure to pay is due to conditions beyondthe control of the member.

B. The Conference of the States Parties

Composition, procedures and decision-making

12. The Conference of the States Parties (hereinafter re-ferred to as “the Conference”) shall be composed of all StatesParties. Each State Party shall have one representative in theConference, who may be accompanied by alternates and ad-visers.

13. The initial session of the Conference shall be convenedby the Depositary no later than 30 days after the entry intoforce of this Treaty.

14. The Conference shall meet in regular sessions, whichshall be held annually, unless it decides otherwise.

15. A special session of the Conference shall be convened:(a) When decided by the Conference;(b) When requested by the Executive Council; or(c) When requested by any State Party and supported

by a majority of the States Parties.

The special session shall be convened no later than 30 daysafter the decision of the Conference, the request of the Execu-tive Council, or the attainment of the necessary support, un-less specified otherwise in the decision or request.

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16. The Conference may also be convened in the form of anAmendment Conference, in accordance with Article VII.

17. The Conference may also be convened in the form of aReview Conference, in accordance with Article VIII.

18. Sessions shall take place at the seat of the Organizationunless the Conference decides otherwise.

19. The Conference shall adopt its rules of procedure. Atthe beginning of each session, it shall elect its President andsuch other officers as may be required. They shall hold officeuntil a new President and other officers are elected at the nextsession.

20. A majority of the States Parties shall constitute a quo-rum.

21. Each State Party shall have one vote.

22. The Conference shall take decisions on matters of pro-cedure by a majority of members present and voting. Deci-sions on matters of substance shall be taken as far as possibleby consensus. If consensus is not attainable when an issuecomes up for decision, the President of the Conference shalldefer any vote for 24 hours and during this period of defer-ment shall make every effort to facilitate achievement ofconsensus, and shall report to the Conference before the endof this period. If consensus is not possible at the end of 24hours, the Conference shall take a decision by a two-thirdsmajority of members present and voting unless specified other-wise in this Treaty. When the issue arises as to whether thequestion is one of substance or not, that question shall betreated as a matter of substance unless otherwise decided bythe majority required for decisions on matters of substance.

23. When exercising its function under paragraph 26(k), theConference shall take a decision to add any State to the list

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of States contained in Annex 1 to this Treaty in accordancewith the procedure for decisions on matters of substance setout in paragraph 22. Notwithstanding paragraph 22, the Con-ference shall take decisions on any other change to Annex 1to this Treaty by consensus.

Powers and functions

24. The Conference shall be the principal organ of the Or-ganization. It shall consider any questions, matters or issueswithin the scope of this Treaty, including those relating to thepowers and functions of the Executive Council and the Tech-nical Secretariat, in accordance with this Treaty. It may makerecommendations and take decisions on any questions, mat-ters or issues within the scope of this Treaty raised by a StateParty or brought to its attention by the Executive Council.

25. The Conference shall oversee the implementation of,and review compliance with, this Treaty and act in order topromote its object and purpose. It shall also oversee the ac-tivities of the Executive Council and the Technical Secretariatand may issue guidelines to either of them for the exercise oftheir functions.

26. The Conference shall:(a) Consider and adopt the report of the Organization

on the implementation of this Treaty and the annual pro-gramme and budget of the Organization, submitted by theExecutive Council, as well as consider other reports;

(b) Decide on the scale of financial contributions tobe paid by States Parties in accordance with paragraph 9;

(c) Elect the members of the Executive Council;(d) Appoint the Director-General of the Technical

Secretariat (hereinafter referred to as “the Director-General”);

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(e) Consider and approve the rules of procedure of theExecutive Council submitted by the latter;

(f) Consider and review scientific and technologicaldevelopments that could affect the operation of this Treaty. Inthis context, the Conference may direct the Director-Generalto establish a Scientific Advisory Board to enable him or her,in the performance of his or her functions, to render special-ized advice in areas of science and technology relevant to thisTreaty to the Conference, to the Executive Council, or toStates Parties. In that case, the Scientific Advisory Boardshall be composed of independent experts serving in theirindividual capacity and appointed, in accordance with termsof reference adopted by the Conference, on the basis of theirexpertise and experience in the particular scientific fields rel-evant to the implementation of this Treaty;

(g) Take the necessary measures to ensure compliancewith this Treaty and to redress and remedy any situation thatcontravenes the provisions of this Treaty, in accordance withArticle V;

(h) Consider and approve at its initial session anydraft agreements, arrangements, provisions, procedures, op-erational manuals, guidelines and any other documents devel-oped and recommended by the Preparatory Commission;

(i) Consider and approve agreements or arrangementsnegotiated by the Technical Secretariat with States Parties,other States and international organizations to be concludedby the Executive Council on behalf of the Organization inaccordance with paragraph 38(h);

(j) Establish such subsidiary organs as it finds neces-sary for the exercise of its functions in accordance with thisTreaty; and

(k) Update Annex 1 to this Treaty, as appropriate, inaccordance with paragraph 23.

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C. The Executive Council

Composition, procedures and decision-making

27. The Executive Council shall consist of 51 members.Each State Party shall have the right, in accordance with theprovisions of this Article, to serve on the Executive Council.

28. Taking into account the need for equitable geographicaldistribution, the Executive Council shall comprise:

(a) Ten States Parties from Africa;(b) Seven States Parties from Eastern Europe;(c) Nine States Parties from Latin America and the

Caribbean;(d) Seven States Parties from the Middle East and

South Asia;(e) Ten States Parties from North America and West-

ern Europe; and(f) Eight States Parties from South-East Asia, the Pa-

cific and the Far East.All States in each of the above geographical regions are listedin Annex 1 to this Treaty. Annex 1 to this Treaty shall beupdated, as appropriate, by the Conference in accordance withparagraphs 23 and 26(k). It shall not be subject to amend-ments or changes under the procedures contained in ArticleVII.

29. The members of the Executive Council shall be electedby the Conference. In this connection, each geographical re-gion shall designate States Parties from that region for elec-tion as members of the Executive Council as follows:

(a) At least one-third of the seats allocated to eachgeographical region shall be filled, taking into account politi-cal and security interests, by States Parties in that region des-ignated on the basis of the nuclear capabilities relevant to theTreaty as determined by international data as well as all or

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any of the following indicative criteria in the order of prioritydetermined by each region:

(i) Number of monitoring facilities of the In-ternational Monitoring System;

(ii) Expertise and experience in monitoringtechnology; and

(iii) Contribution to the annual budget of the Or-ganization;

(b) One of the seats allocated to each geographicalregion shall be filled on a rotational basis by the State Partythat is first in the English alphabetical order among the StatesParties in that region that have not served as members of theExecutive Council for the longest period of time since becom-ing States Parties or since their last term, whichever isshorter. A State Party designated on this basis may decide toforgo its seat. In that case, such a State Party shall submit aletter of renunciation to the Director-General, and the seatshall be filled by the State Party following next-in-order ac-cording to this sub-paragraph; and

(c) The remaining seats allocated to each geographi-cal region shall be filled by States Parties designated fromamong all the States Parties in that region by rotation or elec-tions.

30. Each member of the Executive Council shall have onerepresentative on the Executive Council, who may be accom-panied by alternates and advisers.

31. Each member of the Executive Council shall hold officefrom the end of the session of the Conference at which thatmember is elected until the end of the second regular annualsession of the Conference thereafter, except that for the firstelection of the Executive Council, 26 members shall beelected to hold office until the end of the third regular annualsession of the Conference, due regard being paid to the estab-lished numerical proportions as described in paragraph 28.

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32. The Executive Council shall elaborate its rules of pro-cedure and submit them to the Conference for approval.

33. The Executive Council shall elect its Chairman fromamong its members.

34. The Executive Council shall meet for regular sessions.Between regular sessions it shall meet as may be required forthe fulfilment of its powers and functions.

35. Each member of the Executive Council shall have onevote.

36. The Executive Council shall take decisions on mattersof procedure by a majority of all its members. The ExecutiveCouncil shall take decisions on matters of substance by a two-thirds majority of all its members unless specified otherwisein this Treaty. When the issue arises as to whether the ques-tion is one of substance or not, that question shall be treatedas a matter of substance unless otherwise decided by themajority required for decisions on matters of substance.

Powers and functions

37. The Executive Council shall be the executive organ ofthe Organization. It shall be responsible to the Conference. Itshall carry out the powers and functions entrusted to it inaccordance with this Treaty. In so doing, it shall act in con-formity with the recommendations, decisions and guidelinesof the Conference and ensure their continuous and properimplementation.

38. The Executive Council shall:(a) Promote effective implementation of, and compli-

ance with, this Treaty;(b) Supervise the activities of the Technical Secre-

tariat;

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(c) Make recommendations as necessary to the Con-ference for consideration of further proposals for promotingthe object and purpose of this Treaty;

(d) Cooperate with the National Authority of eachState Party;

(e) Consider and submit to the Conference the draftannual programme and budget of the Organization, the draftreport of the Organization on the implementation of thisTreaty, the report on the performance of its own activities andsuch other reports as it deems necessary or that the Confer-ence may request;

(f) Make arrangements for the sessions of the Confer-ence, including the preparation of the draft agenda;

(g) Examine proposals for changes, on matters of anadministrative or technical nature, to the Protocol or theAnnexes thereto, pursuant to Article VII, and make recom-mendations to the States Parties regarding their adoption;

(h) Conclude, subject to prior approval of the Confer-ence, agreements or arrangements with States Parties, otherStates and international organizations on behalf of the Organi-zation and supervise their implementation, with the exceptionof agreements or arrangements referred to in sub-paragraph(i);

(i) Approve and supervise the operation of agree-ments or arrangements relating to the implementation of veri-fication activities with States Parties and other States; and

(j) Approve any new operational manuals and anychanges to the existing operational manuals that may be pro-posed by the Technical Secretariat.

39. The Executive Council may request a special session ofthe Conference.

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40. The Executive Council shall:(a) Facilitate cooperation among States Parties, and

between States Parties and the Technical Secretariat, relatingto the implementation of this Treaty through information ex-changes;

(b) Facilitate consultation and clarification amongStates Parties in accordance with Article IV; and

(c) Receive, consider and take action on requestsfor, and reports on, on-site inspections in accordance withArticle IV.

41. The Executive Council shall consider any concernraised by a State Party about possible non-compliance withthis Treaty and abuse of the rights established by this Treaty.In so doing, the Executive Council shall consult with theStates Parties involved and, as appropriate, request a StateParty to take measures to redress the situation within a speci-fied time. To the extent that the Executive Council considersfurther action to be necessary, it shall take, inter alia, one ormore of the following measures:

(a) Notify all States Parties of the issue or matter;(b) Bring the issue or matter to the attention of the

Conference;(c) Make recommendations to the Conference or take

action, as appropriate, regarding measures to redress the situ-ation and to ensure compliance in accordance with Article V.

D. The Technical Secretariat

42. The Technical Secretariat shall assist States Parties inthe implementation of this Treaty. The Technical Secretariatshall assist the Conference and the Executive Council in theperformance of their functions. The Technical Secretariatshall carry out the verification and other functions entrustedto it by this Treaty, as well as those functions delegated to it

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by the Conference or the Executive Council in accordancewith this Treaty. The Technical Secretariat shall include, as anintegral part, the International Data Centre.

43. The functions of the Technical Secretariat with regard toverification of compliance with this Treaty shall, in accord-ance with Article IV and the Protocol, include inter alia:

(a) Being responsible for supervising and coordinat-ing the operation of the International Monitoring System;

(b) Operating the International Data Centre;(c) Routinely receiving, processing, analysing and re-

porting on International Monitoring System data;(d) Providing technical assistance in, and support for,

the installation and operation of monitoring stations;(e) Assisting the Executive Council in facilitating

consultation and clarification among States Parties;(f) Receiving requests for on-site inspections and

processing them, facilitating Executive Council considerationof such requests, carrying out the preparations for, and pro-viding technical support during, the conduct of on-site inspec-tions, and reporting to the Executive Council;

(g) Negotiating agreements or arrangements withStates Parties, other States and international organizations andconcluding, subject to prior approval by the Executive Coun-cil, any such agreements or arrangements relating to verifica-tion activities with States Parties or other States; and

(h) Assisting the States Parties through their NationalAuthorities on other issues of verification under this Treaty.

44. The Technical Secretariat shall develop and maintain,subject to approval by the Executive Council, operationalmanuals to guide the operation of the various components ofthe verification regime, in accordance with Article IV and theProtocol. These manuals shall not constitute integral parts ofthis Treaty or the Protocol and may be changed by the Tech-

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nical Secretariat subject to approval by the Executive Coun-cil. The Technical Secretariat shall promptly inform the StatesParties of any changes in the operational manuals.

45. The functions of the Technical Secretariat with respectto administrative matters shall include:

(a) Preparing and submitting to the Executive Councilthe draft programme and budget of the Organization;

(b) Preparing and submitting to the Executive Councilthe draft report of the Organization on the implementation ofthis Treaty and such other reports as the Conference or theExecutive Council may request;

(c) Providing administrative and technical support tothe Conference, the Executive Council and other subsidiaryorgans;

(d) Addressing and receiving communications on be-half of the Organization relating to the implementation of thisTreaty; and

(e) Carrying out the administrative responsibilities re-lated to any agreements between the Organization and otherinternational organizations.

46. All requests and notifications by States Parties to theOrganization shall be transmitted through their National Au-thorities to the Director-General. Requests and notificationsshall be in one of the official languages of this Treaty. Inresponse the Director-General shall use the language of thetransmitted request or notification.

47. With respect to the responsibilities of the TechnicalSecretariat for preparing and submitting to the ExecutiveCouncil the draft programme and budget of the Organization,the Technical Secretariat shall determine and maintain a clearaccounting of all costs for each facility established as part ofthe International Monitoring System. Similar treatment in thedraft programme and budget shall be accorded to all otheractivities of the Organization.

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48. The Technical Secretariat shall promptly inform the Ex-ecutive Council of any problems that have arisen with regardto the discharge of its functions that have come to its noticein the performance of its activities and that it has been unableto resolve through consultations with the State Party con-cerned.

49. The Technical Secretariat shall comprise a Director-General, who shall be its head and chief administrative of-ficer, and such scientific, technical and other personnel asmay be required. The Director-General shall be appointed bythe Conference upon the recommendation of the ExecutiveCouncil for a term of four years, renewable for one furtherterm, but not thereafter. The first Director-General shall beappointed by the Conference at its initial session upon therecommendation of the Preparatory Commission.

50. The Director-General shall be responsible to the Confer-ence and the Executive Council for the appointment of thestaff and for the organization and functioning of the TechnicalSecretariat. The paramount consideration in the employmentof the staff and in the determination of the conditions of serv-ice shall be the necessity of securing the highest standards ofprofessional expertise, experience, efficiency, competenceand integrity. Only citizens of States Parties shall serve as theDirector-General, as inspectors or as members of the profes-sional and clerical staff. Due regard shall be paid to the im-portance of recruiting the staff on as wide a geographicalbasis as possible. Recruitment shall be guided by the principlethat the staff shall be kept to the minimum necessary for theproper discharge of the responsibilities of the Technical Sec-retariat.

51. The Director-General may, as appropriate, after consul-tation with the Executive Council, establish temporary work-ing groups of scientific experts to provide recommendationson specific issues.

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52. In the performance of their duties, the Director-General,the inspectors, the inspection assistants and the members ofthe staff shall not seek or receive instructions from any Gov-ernment or from any other source external to the Organiza-tion. They shall refrain from any action that might reflectadversely on their positions as international officers responsi-ble only to the Organization. The Director-General shall as-sume responsibility for the activities of an inspection team.

53. Each State Party shall respect the exclusively interna-tional character of the responsibilities of the Director-General, the inspectors, the inspection assistants and themembers of the staff and shall not seek to influence them inthe discharge of their responsibilities.

E. Privileges and immunities

54. The Organization shall enjoy on the territory and in anyother place under the jurisdiction or control of a State Partysuch legal capacity and such privileges and immunities as arenecessary for the exercise of its functions.

55. Delegates of States Parties, together with their alter-nates and advisers, representatives of members elected to theExecutive Council, together with their alternates and advisers,the Director-General, the inspectors, the inspection assistantsand the members of the staff of the Organization shall enjoysuch privileges and immunities as are necessary in the inde-pendent exercise of their functions in connection with theOrganization.

56. The legal capacity, privileges and immunities referred toin this Article shall be defined in agreements between theOrganization and the States Parties as well as in an agreementbetween the Organization and the State in which the Organi-zation is seated. Such agreements shall be considered andapproved in accordance with paragraph 26(h) and (i).

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57. Notwithstanding paragraphs 54 and 55, the privilegesand immunities enjoyed by the Director-General, the inspec-tors, the inspection assistants and the members of the staff ofthe Technical Secretariat during the conduct of verificationactivities shall be those set forth in the Protocol.

Article III. National implementation measures

1. Each State Party shall, in accordance with its constitu-tional processes, take any necessary measures to implementits obligations under this Treaty. In particular, it shall take anynecessary measures:

(a) To prohibit natural and legal persons anywhere onits territory or in any other place under its jurisdiction asrecognized by international law from undertaking any activityprohibited to a State Party under this Treaty;

(b) To prohibit natural and legal persons from undertak-ing any such activity anywhere under its control; and

(c) To prohibit, in conformity with international law,natural persons possessing its nationality from undertakingany such activity anywhere.

2. Each State Party shall cooperate with other States Partiesand afford the appropriate form of legal assistance to facilitatethe implementation of the obligations under paragraph 1.

3. Each State Party shall inform the Organization of themeasures taken pursuant to this Article.

4. In order to fulfil its obligations under the Treaty, eachState Party shall designate or set up a National Authority andshall so inform the Organization upon entry into force of theTreaty for it. The National Authority shall serve as the na-tional focal point for liaison with the Organization and withother States Parties.

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Article IV. Verification

A. General provisions

1. In order to verify compliance with this Treaty, a verifica-tion regime shall be established consisting of the followingelements:

(a) An International Monitoring System;(b) Consultation and clarification;(c) On-site inspections; and(d) Confidence-building measures.

At entry into force of this Treaty, the verification regime shallbe capable of meeting the verification requirements of thisTreaty.

2. Verification activities shall be based on objective infor-mation, shall be limited to the subject matter of this Treaty,and shall be carried out on the basis of full respect for thesovereignty of States Parties and in the least intrusive mannerpossible consistent with the effective and timely accomplish-ment of their objectives. Each State Party shall refrain fromany abuse of the right of verification.

3. Each State Party undertakes in accordance with thisTreaty to cooperate, through its National Authority estab-lished pursuant to Article III, paragraph 4, with the Organiza-tion and with other States Parties to facilitate the verificationof compliance with this Treaty by, inter alia:

(a) Establishing the necessary facilities to participate inthese verification measures and establishing the necessarycommunication;

(b) Providing data obtained from national stations thatare part of the International Monitoring System;

(c) Participating, as appropriate, in a consultation andclarification process;

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(d) Permitting the conduct of on-site inspections; and(e) Participating, as appropriate, in confidence-building

measures.

4. All States Parties, irrespective of their technical and fi-nancial capabilities, shall enjoy the equal right of verificationand assume the equal obligation to accept verification.

5. For the purposes of this Treaty, no State Party shall beprecluded from using information obtained by national tech-nical means of verification in a manner consistent with gen-erally recognized principles of international law, includingthat of respect for the sovereignty of States.

6. Without prejudice to the right of States Parties to protectsensitive installations, activities or locations not related to thisTreaty, States Parties shall not interfere with elements of theverification regime of this Treaty or with national technicalmeans of verification operating in accordance with paragraph5.

7. Each State Party shall have the right to take measures toprotect sensitive installations and to prevent disclosure ofconfidential information and data not related to this Treaty.

8. Moreover, all necessary measures shall be taken to pro-tect the confidentiality of any information related to civil andmilitary activities and facilities obtained during verificationactivities.

9. Subject to paragraph 8, information obtained by the Organi-zation through the verification regime established by this Treatyshall be made available to all States Parties in accordance withthe relevant provisions of this Treaty and the Protocol.

10. The provisions of this Treaty shall not be interpreted asrestricting the international exchange of data for scientificpurposes.

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11. Each State Party undertakes to cooperate with the Or-ganization and with other States Parties in the improvementof the verification regime, and in the examination of the veri-fication potential of additional monitoring technologies suchas electromagnetic pulse monitoring or satellite monitoring,with a view to developing, when appropriate, specific meas-ures to enhance the efficient and cost-effective verification ofthis Treaty. Such measures shall, when agreed, be incorpo-rated in existing provisions in this Treaty, the Protocol or asadditional sections of the Protocol, in accordance with ArticleVII, or, if appropriate, be reflected in the operational manualsin accordance with Article II, paragraph 44.

12. The States Parties undertake to promote cooperationamong themselves to facilitate and participate in the fullestpossible exchange relating to technologies used in the verifi-cation of this Treaty in order to enable all States Parties tostrengthen their national implementation of verification meas-ures and to benefit from the application of such technologiesfor peaceful purposes.

13. The provisions of this Treaty shall be implemented in amanner which avoids hampering the economic and techno-logical development of the States Parties for further develop-ment of the application of atomic energy for peaceful pur-poses.

Verification responsibilities of the TechnicalSecretariat

14. In discharging its responsibilities in the area of verifica-tion specified in this Treaty and the Protocol, in cooperationwith the States Parties the Technical Secretariat shall, for thepurpose of this Treaty:

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(a) Make arrangements to receive and distribute dataand reporting products relevant to the verification of thisTreaty in accordance with its provisions, and to maintain aglobal communications infrastructure appropriate to this task;

(b) Routinely through its International Data Centre,which shall in principle be the focal point within the Techni-cal Secretariat for data storage and data processing:

(i) Receive and initiate requests for data fromthe International Monitoring System;

(ii) Receive data, as appropriate, resulting fromthe process of consultation and clarifica-tion, from on-site inspections, and fromconfidence-building measures; and

(iii) Receive other relevant data from States Par-ties and international organizations in ac-cordance with this Treaty and the Protocol;

(c) Supervise, coordinate and ensure the operation ofthe International Monitoring System and its component ele-ments, and of the International Data Centre, in accordancewith the relevant operational manuals;

(d) Routinely process, analyse and report on Interna-tional Monitoring System data according to agreed proce-dures so as to permit the effective international verification ofthis Treaty and to contribute to the early resolution of com-pliance concerns;

(e) Make available all data, both raw and processed,and any reporting products, to all States Parties, each StateParty taking responsibility for the use of International Moni-toring System data in accordance with Article II, paragraph 7,and with paragraphs 8 and 13 of this Article;

(f) Provide to all States Parties equal, open, conven-ient and timely access to all stored data;

(g) Store all data, both raw and processed, and report-ing products;

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(h) Coordinate and facilitate requests for additionaldata from the International Monitoring System;

(i) Coordinate requests for additional data from oneState Party to another State Party;

(j) Provide technical assistance in, and support for,the installation and operation of monitoring facilities and re-spective communication means, where such assistance andsupport are required by the State concerned;

(k) Make available to any State Party, upon its re-quest, techniques utilized by the Technical Secretariat and itsInternational Data Centre in compiling, storing, processing,analysing and reporting on data from the verification regime;and

(l) Monitor, assess and report on the overall perform-ance of the International Monitoring System and of the Inter-national Data Centre.

15. The agreed procedures to be used by the Technical Sec-retariat in discharging the verification responsibilities referredto in paragraph 14 and detailed in the Protocol shall be elabo-rated in the relevant operational manuals.

B. The International Monitoring System

16. The International Monitoring System shall comprisefacilities for seismological monitoring, radionuclide monitor-ing including certified laboratories, hydroacoustic monitoring,infrasound monitoring, and respective means of communica-tion, and shall be supported by the International Data Centreof the Technical Secretariat.

17. The International Monitoring System shall be placedunder the authority of the Technical Secretariat. All monitor-ing facilities of the International Monitoring System shall beowned and operated by the States hosting or otherwise takingresponsibility for them in accordance with the Protocol.

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18. Each State Party shall have the right to participate in theinternational exchange of data and to have access to all datamade available to the International Data Centre. Each StateParty shall cooperate with the International Data Centrethrough its National Authority.

Funding the International Monitoring System

19. For facilities incorporated into the International Moni-toring System and specified in Tables 1-A, 2-A, 3 and 4 ofAnnex 1 to the Protocol, and for their functioning, to theextent that such facilities are agreed by the relevant State andthe Organization to provide data to the International DataCentre in accordance with the technical requirements of theProtocol and relevant operational manuals, the Organization,as specified in agreements or arrangements pursuant toPart I, paragraph 4 of the Protocol, shall meet the costs of:

(a) Establishing any new facilities and upgrading ex-isting facilities, unless the State responsible for such facilitiesmeets these costs itself;

(b) Operating and maintaining International Monitor-ing System facilities, including facility physical security ifappropriate, and application of agreed data authentication pro-cedures;

(c) Transmitting International Monitoring Systemdata (raw or processed) to the International Data Centre bythe most direct and cost-effective means available, including,if necessary, via appropriate communications nodes, frommonitoring stations, laboratories, analytical facilities or fromnational data centres; or such data (including samples whereappropriate) to laboratory and analytical facilities from moni-toring stations; and

(d) Analysing samples on behalf of the Organization.

20. For auxiliary network seismic stations specified in Table1-B of Annex 1 to the Protocol the Organization, as specified

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in agreements or arrangements pursuant to Part I, paragraph4 of the Protocol, shall meet the costs only of:

(a) Transmitting data to the International Data Centre;(b) Authenticating data from such stations;(c) Upgrading stations to the required technical stand-

ard, unless the State responsible for such facilities meetsthese costs itself;

(d) If necessary, establishing new stations for the pur-poses of this Treaty where no appropriate facilities currentlyexist, unless the State responsible for such facilities meetsthese costs itself; and

(e) Any other costs related to the provision of datarequired by the Organization as specified in the relevant op-erational manuals.

21. The Organization shall also meet the cost of provisionto each State Party of its requested selection from the stand-ard range of International Data Centre reporting products andservices, as specified in Part I, Section F of the Protocol. Thecost of preparation and transmission of any additional data orproducts shall be met by the requesting State Party.

22. The agreements or, if appropriate, arrangements con-cluded with States Parties or States hosting or otherwise tak-ing responsibility for facilities of the International MonitoringSystem shall contain provisions for meeting these costs. Suchprovisions may include modalities whereby a State Partymeets any of the costs referred to in paragraphs 19(a) and20(c) and (d) for facilities which it hosts or for which it isresponsible, and is compensated by an appropriate reductionin its assessed financial contribution to the Organization.Such a reduction shall not exceed 50 per cent of the annualassessed financial contribution of a State Party, but may bespread over successive years. A State Party may share such areduction with another State Party by agreement or arrange-ment between themselves and with the concurrence of the

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Executive Council. The agreements or arrangements referredto in this paragraph shall be approved in accordance withArticle II, paragraphs 26(h) and 38(i).

Changes to the International Monitoring System

23. Any measures referred to in paragraph 11 affecting theInternational Monitoring System by means of addition ordeletion of a monitoring technology shall, when agreed, beincorporated into this Treaty and the Protocol pursuant toArticle VII, paragraphs 1 to 6.

24. The following changes to the International MonitoringSystem, subject to the agreement of those States directly af-fected, shall be regarded as matters of an administrative ortechnical nature pursuant to Article VII, paragraphs 7 and 8:

(a) Changes to the number of facilities specified inthe Protocol for a given monitoring technology; and

(b) Changes to other details for particular facilities asreflected in the Tables of Annex 1 to the Protocol (including,inter alia, State responsible for the facility; location; name offacility; type of facility; and attribution of a facility betweenthe primary and auxiliary seismic networks).

If the Executive Council recommends, pursuant to Article VII,paragraph 8(d), that such changes be adopted, it shall as arule also recommend pursuant to Article VII, paragraph 8(g),that such changes enter into force upon notification by theDirector-General of their approval.

25. The Director-General, in submitting to the ExecutiveCouncil and States Parties information and evaluation in ac-cordance with Article VII, paragraph 8(b), shall include in thecase of any proposal made pursuant to paragraph 24:

(a) A technical evaluation of the proposal;(b) A statement on the administrative and financial

impact of the proposal; and

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(c) A report on consultations with States directly af-fected by the proposal, including indication of their agree-ment.

Temporary arrangements

26. In cases of significant or irretrievable breakdown of amonitoring facility specified in the Tables of Annex 1 to theProtocol, or in order to cover other temporary reductions ofmonitoring coverage, the Director-General shall, in consulta-tion and agreement with those States directly affected, andwith the approval of the Executive Council, initiate temporaryarrangements of no more than one year’s duration, renewableif necessary by agreement of the Executive Council and of theStates directly affected for another year. Such arrangementsshall not cause the number of operational facilities of theInternational Monitoring System to exceed the number speci-fied for the relevant network; shall meet as far as possible thetechnical and operational requirements specified in the opera-tional manual for the relevant network; and shall be con-ducted within the budget of the Organization. The Director-General shall furthermore take steps to rectify the situationand make proposals for its permanent resolution. The Direc-tor-General shall notify all States Parties of any decisiontaken pursuant to this paragraph.

Cooperating national facilities

27. States Parties may also separately establish cooperativearrangements with the Organization, in order to make avail-able to the International Data Centre supplementary data fromnational monitoring stations that are not formally part of theInternational Monitoring System.

28. Such cooperative arrangements may be established asfollows:

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(a) Upon request by a State Party, and at the expenseof that State, the Technical Secretariat shall take the stepsrequired to certify that a given monitoring facility meets thetechnical and operational requirements specified in the rel-evant operational manuals for an International MonitoringSystem facility, and make arrangements for the authenticationof its data. Subject to the agreement of the Executive Council,the Technical Secretariat shall then formally designate such afacility as a cooperating national facility. The Technical Sec-retariat shall take the steps required to revalidate its certifica-tion as appropriate;

(b) The Technical Secretariat shall maintain a currentlist of cooperating national facilities and shall distribute it toall States Parties; and

(c) The International Data Centre shall call upon datafrom cooperating national facilities, if so requested by a StateParty, for the purposes of facilitating consultation and clarifi-cation and the consideration of on-site inspection requests,data transmission costs being borne by that State Party.

The conditions under which supplementary data from suchfacilities are made available, and under which the Interna-tional Data Centre may request further or expedited reporting,or clarifications, shall be elaborated in the operational manualfor the respective monitoring network.

C. Consultation and clarification

29. Without prejudice to the right of any State Party to re-quest an on-site inspection, States Parties should, wheneverpossible, first make every effort to clarify and resolve, amongthemselves or with or through the Organization, any matterwhich may cause concern about possible non-compliancewith the basic obligations of this Treaty.

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30. A State Party that receives a request pursuant to para-graph 29 directly from another State Party shall provide theclarification to the requesting State Party as soon as possible,but in any case no later than 48 hours after the request. Therequesting and requested States Parties may keep the Execu-tive Council and the Director-General informed of the requestand the response.

31. A State Party shall have the right to request the Direc-tor-General to assist in clarifying any matter which may causeconcern about possible non-compliance with the basic obliga-tions of this Treaty. The Director-General shall provide appro-priate information in the possession of the Technical Secre-tariat relevant to such a concern. The Director-General shallinform the Executive Council of the request and of the infor-mation provided in response, if so requested by the requestingState Party.

32. A State Party shall have the right to request the Execu-tive Council to obtain clarification from another State Partyon any matter which may cause concern about possible non-compliance with the basic obligations of this Treaty. In sucha case, the following shall apply:

(a) The Executive Council shall forward the requestfor clarification to the requested State Party through theDirector-General no later than 24 hours after its receipt;

(b) The requested State Party shall provide the clari-fication to the Executive Council as soon as possible, but inany case no later than 48 hours after receipt of the request;

(c) The Executive Council shall take note of the clari-fication and forward it to the requesting State Party no laterthan 24 hours after its receipt;

(d) If the requesting State Party deems the clarifica-tion to be inadequate, it shall have the right to request theExecutive Council to obtain further clarification from therequested State Party.

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The Executive Council shall inform without delay all otherStates Parties about any request for clarification pursuant tothis paragraph as well as any response provided by the re-quested State Party.

33. If the requesting State Party considers the clarificationobtained under paragraph 32(d) to be unsatisfactory, it shallhave the right to request a meeting of the Executive Councilin which States Parties involved that are not members of theExecutive Council shall be entitled to take part. At such ameeting, the Executive Council shall consider the matter andmay recommend any measure in accordance with Article V.

D. On-site inspections

Request for an on-site inspection

34. Each State Party has the right to request an on-site in-spection in accordance with the provisions of this Article andPart II of the Protocol in the territory or in any other placeunder the jurisdiction or control of any State Party, or in anyarea beyond the jurisdiction or control of any State.

35. The sole purpose of an on-site inspection shall be toclarify whether a nuclear weapon test explosion or any othernuclear explosion has been carried out in violation ofArticle I and, to the extent possible, to gather any facts whichmight assist in identifying any possible violator.

36. The requesting State Party shall be under the obligationto keep the on-site inspection request within the scope of thisTreaty and to provide in the request information in accord-ance with paragraph 37. The requesting State Party shall re-frain from unfounded or abusive inspection requests.

37. The on-site inspection request shall be based on infor-mation collected by the International Monitoring System, on

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any relevant technical information obtained by national tech-nical means of verification in a manner consistent with gen-erally recognized principles of international law, or on a com-bination thereof. The request shall contain informationpursuant to Part II, paragraph 41 of the Protocol.

38. The requesting State Party shall present the on-site in-spection request to the Executive Council and at the sametime to the Director-General for the latter to begin immediateprocessing.

Follow-up after submission of an on-siteinspection request

39. The Executive Council shall begin its considerationimmediately upon receipt of the on-site inspection request.

40. The Director-General, after receiving the on-site inspec-tion request, shall acknowledge receipt of the request to therequesting State Party within two hours and communicate therequest to the State Party sought to be inspected within sixhours. The Director-General shall ascertain that the requestmeets the requirements specified in Part II, paragraph 41 ofthe Protocol, and, if necessary, shall assist the requestingState Party in filing the request accordingly, and shall com-municate the request to the Executive Council and to all otherStates Parties within 24 hours.

41. When the on-site inspection request fulfils the require-ments, the Technical Secretariat shall begin preparations forthe on-site inspection without delay.

42. The Director-General, upon receipt of an on-site inspec-tion request referring to an inspection area under the jurisdic-tion or control of a State Party, shall immediately seek clari-fication from the State Party sought to be inspected in orderto clarify and resolve the concern raised in the request.

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43. A State Party that receives a request for clarificationpursuant to paragraph 42 shall provide the Director-Generalwith explanations and with other relevant information avail-able as soon as possible, but no later than 72 hours afterreceipt of the request for clarification.

44. The Director-General, before the Executive Counciltakes a decision on the on-site inspection request, shall trans-mit immediately to the Executive Council any additional in-formation available from the International Monitoring Systemor provided by any State Party on the event specified in therequest, including any clarification provided pursuant to para-graphs 42 and 43, as well as any other information fromwithin the Technical Secretariat that the Director-Generaldeems relevant or that is requested by the Executive Council.

45. Unless the requesting State Party considers the concernraised in the on-site inspection request to be resolved andwithdraws the request, the Executive Council shall take adecision on the request in accordance with paragraph 46.

Executive Council decisions

46. The Executive Council shall take a decision on the on-site inspection request no later than 96 hours after receipt ofthe request from the requesting State Party. The decision toapprove the on-site inspection shall be made by at least 30affirmative votes of members of the Executive Council. If theExecutive Council does not approve the inspection, prepara-tions shall be stopped and no further action on the requestshall be taken.

47. No later than 25 days after the approval of the on-siteinspection in accordance with paragraph 46, the inspectionteam shall transmit to the Executive Council, through the Di-rector-General, a progress inspection report. The continuationof the inspection shall be considered approved unless the Ex-

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ecutive Council, no later than 72 hours after receipt of theprogress inspection report, decides by a majority of all itsmembers not to continue the inspection. If the ExecutiveCouncil decides not to continue the inspection, the inspectionshall be terminated, and the inspection team shall leave theinspection area and the territory of the inspected State Partyas soon as possible in accordance with Part II, para-graphs 109 and 110 of the Protocol.

48. In the course of the on-site inspection, the inspectionteam may submit to the Executive Council, through theDirector-General, a proposal to conduct drilling. The Execu-tive Council shall take a decision on such a proposal no laterthan 72 hours after receipt of the proposal. The decision toapprove drilling shall be made by a majority of all membersof the Executive Council.

49. The inspection team may request the Executive Council,through the Director-General, to extend the inspection dura-tion by a maximum of 70 days beyond the 60-day time-framespecified in Part II, paragraph 4 of the Protocol, if the inspec-tion team considers such an extension essential to enable it tofulfil its mandate. The inspection team shall indicate in itsrequest which of the activities and techniques listed in Part II,paragraph 69 of the Protocol it intends to carry out during theextension period. The Executive Council shall take a decisionon the extension request no later than 72 hours after receiptof the request. The decision to approve an extension of theinspection duration shall be made by a majority of all mem-bers of the Executive Council.

50. Any time following the approval of the continuation ofthe on-site inspection in accordance with paragraph 47, theinspection team may submit to the Executive Council,through the Director-General, a recommendation to terminatethe inspection. Such a recommendation shall be consideredapproved unless the Executive Council, no later than

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72 hours after receipt of the recommendation, decides by atwo-thirds majority of all its members not to approve thetermination of the inspection. In case of termination of theinspection, the inspection team shall leave the inspection areaand the territory of the inspected State Party as soon as pos-sible in accordance with Part II, paragraphs 109 and 110 ofthe Protocol.

51. The requesting State Party and the State Party sought tobe inspected may participate in the deliberations of the Ex-ecutive Council on the on-site inspection request withoutvoting. The requesting State Party and the inspected StateParty may also participate without voting in any subsequentdeliberations of the Executive Council related to the inspec-tion.

52. The Director-General shall notify all States Partieswithin 24 hours about any decision by and reports, proposals,requests and recommendations to the Executive Council pur-suant to paragraphs 46 to 50.

Follow-up after Executive Council approval of anon-site inspection

53. An on-site inspection approved by the Executive Coun-cil shall be conducted without delay by an inspection teamdesignated by the Director-General and in accordance withthe provisions of this Treaty and the Protocol. The inspectionteam shall arrive at the point of entry no later than six daysfollowing the receipt by the Executive Council of the on-siteinspection request from the requesting State Party.

54. The Director-General shall issue an inspection mandatefor the conduct of the on-site inspection. The inspectionmandate shall contain the information specified in Part II,paragraph 42 of the Protocol.

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55. The Director-General shall notify the inspected StateParty of the inspection no less than 24 hours before theplanned arrival of the inspection team at the point of entry, inaccordance with Part II, paragraph 43 of the Protocol.

The conduct of an on-site inspection

56. Each State Party shall permit the Organization to con-duct an on-site inspection on its territory or at places under itsjurisdiction or control in accordance with the provisions ofthis Treaty and the Protocol. However, no State Party shallhave to accept simultaneous on-site inspections on its terri-tory or at places under its jurisdiction or control.

57. In accordance with the provisions of this Treaty and theProtocol, the inspected State Party shall have:

(a) The right and the obligation to make every reason-able effort to demonstrate its compliance with this Treaty and,to this end, to enable the inspection team to fulfil its mandate;

(b) The right to take measures it deems necessary toprotect national security interests and to prevent disclosure ofconfidential information not related to the purpose of the in-spection;

(c) The obligation to provide access within the in-spection area for the sole purpose of determining facts rele-vant to the purpose of the inspection, taking into account sub-paragraph (b) and any constitutional obligations it may havewith regard to proprietary rights or searches and seizures;

(d) The obligation not to invoke this paragraph or PartII, paragraph 88 of the Protocol to conceal any violation of itsobligations under Article I; and

(e) The obligation not to impede the ability of theinspection team to move within the inspection area and tocarry out inspection activities in accordance with this Treatyand the Protocol.

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Access, in the context of an on-site inspection, means boththe physical access of the inspection team and the inspectionequipment to, and the conduct of inspection activities within,the inspection area.

58. The on-site inspection shall be conducted in the leastintrusive manner possible, consistent with the efficient andtimely accomplishment of the inspection mandate, and inaccordance with the procedures set forth in the Protocol.Wherever possible, the inspection team shall begin with theleast intrusive procedures and then proceed to more intrusiveprocedures only as it deems necessary to collect sufficientinformation to clarify the concern about possible non-compli-ance with this Treaty. The inspectors shall seek only the in-formation and data necessary for the purpose of the inspectionand shall seek to minimize interference with normal opera-tions of the inspected State Party.

59. The inspected State Party shall assist the inspectionteam throughout the on-site inspection and facilitate its task.

60. If the inspected State Party, acting in accordance withPart II, paragraphs 86 to 96 of the Protocol, restricts accesswithin the inspection area, it shall make every reasonableeffort in consultations with the inspection team to demon-strate through alternative means its compliance with thisTreaty.

Observer

61. With regard to an observer, the following shall apply:(a) The requesting State Party, subject to the agree-

ment of the inspected State Party, may send a representative,who shall be a national either of the requesting State Party orof a third State Party, to observe the conduct of the on-siteinspection;

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(b) The inspected State Party shall notify its accept-ance or non-acceptance of the proposed observer to theDirector-General within 12 hours after approval of the on-siteinspection by the Executive Council;

(c) In case of acceptance, the inspected State Partyshall grant access to the observer in accordance with the Pro-tocol;

(d) The inspected State Party shall, as a rule, acceptthe proposed observer, but if the inspected State Party exer-cises a refusal, that fact shall be recorded in the inspectionreport.

There shall be no more than three observers from an aggre-gate of requesting States Parties.

Reports of an on-site inspection

62. Inspection reports shall contain:(a) A description of the activities conducted by the

inspection team;(b) The factual findings of the inspection team rele-

vant to the purpose of the inspection;(c) An account of the cooperation granted during the

on-site inspection;(d) A factual description of the extent of the access

granted, including the alternative means provided to the team,during the on-site inspection; and

(e) Any other details relevant to the purpose of theinspection.

Differing observations made by inspectors may be attached tothe report.

63. The Director-General shall make draft inspection re-

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ports available to the inspected State Party. The inspectedState Party shall have the right to provide the Director-Gen-eral within 48 hours with its comments and explanations, andto identify any information and data which, in its view, arenot related to the purpose of the inspection and should not becirculated outside the Technical Secretariat. The Director-General shall consider the proposals for changes to the draftinspection report made by the inspected State Party and shallwherever possible incorporate them. The Director-Generalshall also annex the comments and explanations provided bythe inspected State Party to the inspection report.

64. The Director-General shall promptly transmit the in-spection report to the requesting State Party, the inspectedState Party, the Executive Council and to all other StatesParties. The Director-General shall further transmit promptlyto the Executive Council and to all other States Parties anyresults of sample analysis in designated laboratories in ac-cordance with Part II, paragraph 104 of the Protocol, relevantdata from the International Monitoring System, the assess-ments of the requesting and inspected States Parties, as wellas any other information that the Director-General deems rel-evant. In the case of the progress inspection report referred toin paragraph 47, the Director-General shall transmit the reportto the Executive Council within the time-frame specified inthat paragraph.

65. The Executive Council, in accordance with its powersand functions, shall review the inspection report and any ma-terial provided pursuant to paragraph 64, and shall addressany concerns as to:

(a) Whether any non-compliance with this Treaty hasoccurred; and

(b) Whether the right to request an on-site inspectionhas been abused.

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66. If the Executive Council reaches the conclusion, inkeeping with its powers and functions, that further action maybe necessary with regard to paragraph 65, it shall take theappropriate measures in accordance with Article V.

Frivolous or abusive on-site inspection requests

67. If the Executive Council does not approve the on-siteinspection on the basis that the on-site inspection request isfrivolous or abusive, or if the inspection is terminated for thesame reasons, the Executive Council shall consider and de-cide on whether to implement appropriate measures to redressthe situation, including the following:

(a) Requiring the requesting State Party to pay for thecost of any preparations made by the Technical Secretariat;

(b) Suspending the right of the requesting State Partyto request an on-site inspection for a period of time, as deter-mined by the Executive Council; and

(c) Suspending the right of the requesting State Partyto serve on the Executive Council for a period of time.

E. Confidence-building measures

68. In order to:(a) Contribute to the timely resolution of any compli-

ance concerns arising from possible misinterpretation of veri-fication data relating to chemical explosions; and

(b) Assist in the calibration of the stations that arepart of the component networks of the International Monitor-ing System,

each State Party undertakes to cooperate with the Organiza-tion and with other States Parties in implementing relevantmeasures as set out in Part III of the Protocol.

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Article V. Measures to redress a situation andto ensure compliance, including sanctions

1. The Conference, taking into account, inter alia, the rec-ommendations of the Executive Council, shall take the neces-sary measures, as set forth in paragraphs 2 and 3, to ensurecompliance with this Treaty and to redress and remedy anysituation which contravenes the provisions of this Treaty.

2. In cases where a State Party has been requested by theConference or the Executive Council to redress a situationraising problems with regard to its compliance and fails tofulfil the request within the specified time, the Conferencemay, inter alia, decide to restrict or suspend the State Partyfrom the exercise of its rights and privileges under this Treatyuntil the Conference decides otherwise.

3. In cases where damage to the object and purpose of thisTreaty may result from non-compliance with the basic obliga-tions of this Treaty, the Conference may recommend to StatesParties collective measures which are in conformity with in-ternational law.

4. The Conference, or alternatively, if the case is urgent, theExecutive Council, may bring the issue, including relevantinformation and conclusions, to the attention of the UnitedNations.

Article VI. Settlement of disputes

1. Disputes that may arise concerning the application or theinterpretation of this Treaty shall be settled in accordancewith the relevant provisions of this Treaty and in conformitywith the provisions of the Charter of the United Nations.

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2. When a dispute arises between two or more States Par-ties, or between one or more States Parties and the Organiza-tion, relating to the application or interpretation of this Treaty,the parties concerned shall consult together with a view to theexpeditious settlement of the dispute by negotiation or byother peaceful means of the parties’ choice, including re-course to appropriate organs of this Treaty and, by mutualconsent, referral to the International Court of Justice in con-formity with the Statute of the Court. The parties involvedshall keep the Executive Council informed of actions beingtaken.

3. The Executive Council may contribute to the settlementof a dispute that may arise concerning the application or in-terpretation of this Treaty by whatever means it deems appro-priate, including offering its good offices, calling upon theStates Parties to a dispute to seek a settlement through aprocess of their own choice, bringing the matter to the atten-tion of the Conference and recommending a time-limit forany agreed procedure.

4. The Conference shall consider questions related to dis-putes raised by States Parties or brought to its attention by theExecutive Council. The Conference shall, as it finds neces-sary, establish or entrust organs with tasks related to the set-tlement of these disputes in conformity with Article II, para-graph 26(j).

5. The Conference and the Executive Council are separatelyempowered, subject to authorization from the General Assem-bly of the United Nations, to request the International Courtof Justice to give an advisory opinion on any legal questionarising within the scope of the activities of the Organization.An agreement between the Organization and theUnited Nations shall be concluded for this purpose in accord-ance with Article II, paragraph 38(h).

6. This Article is without prejudice to Articles IV and V.

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Article VII. Amendments

1. At any time after the entry into force of this Treaty, anyState Party may propose amendments to this Treaty, the Pro-tocol, or the Annexes to the Protocol. Any State Party mayalso propose changes, in accordance with paragraph 7, to theProtocol or the Annexes thereto. Proposals for amendmentsshall be subject to the procedures in paragraphs 2 to 6. Pro-posals for changes, in accordance with paragraph 7, shall besubject to the procedures in paragraph 8.

2. The proposed amendment shall be considered andadopted only by an Amendment Conference.

3. Any proposal for an amendment shall be communicatedto the Director-General, who shall circulate it to all StatesParties and the Depositary and seek the views of the StatesParties on whether an Amendment Conference should be con-vened to consider the proposal. If a majority of the StatesParties notify the Director-General no later than 30 days afterits circulation that they support further consideration of theproposal, the Director-General shall convene an AmendmentConference to which all States Parties shall be invited.

4. The Amendment Conference shall be held immediatelyfollowing a regular session of the Conference unless all StatesParties that support the convening of an Amendment Confer-ence request that it be held earlier. In no case shall an Amend-ment Conference be held less than 60 days after the circula-tion of the proposed amendment.

5. Amendments shall be adopted by the Amendment Confer-ence by a positive vote of a majority of the States Parties withno State Party casting a negative vote.

6. Amendments shall enter into force for all States Parties30 days after deposit of the instruments of ratification or ac-ceptance by all those States Parties casting a positive vote atthe Amendment Conference.

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7. In order to ensure the viability and effectiveness of thisTreaty, Parts I and III of the Protocol and Annexes 1 and 2 tothe Protocol shall be subject to changes in accordance withparagraph 8, if the proposed changes are related only tomatters of an administrative or technical nature. All otherprovisions of the Protocol and the Annexes thereto shall notbe subject to changes in accordance with paragraph 8.

8. Proposed changes referred to in paragraph 7 shall bemade in accordance with the following procedures:

(a) The text of the proposed changes shall be transmit-ted together with the necessary information to the Director-General. Additional information for the evaluation of the pro-posal may be provided by any State Party and theDirector-General. The Director-General shall promptly com-municate any such proposals and information to all StatesParties, the Executive Council and the Depositary;

(b) No later than 60 days after its receipt, the Director-General shall evaluate the proposal to determine all its possi-ble consequences for the provisions of this Treaty and itsimplementation and shall communicate any such informationto all States Parties and the Executive Council;

(c) The Executive Council shall examine the proposalin the light of all information available to it, includingwhether the proposal fulfils the requirements of paragraph 7.No later than 90 days after its receipt, the Executive Councilshall notify its recommendation, with appropriate explana-tions, to all States Parties for consideration. States Partiesshall acknowledge receipt within 10 days;

(d) If the Executive Council recommends to all StatesParties that the proposal be adopted, it shall be consideredapproved if no State Party objects to it within 90 days afterreceipt of the recommendation. If the Executive Council rec-ommends that the proposal be rejected, it shall be consideredrejected if no State Party objects to the rejection within90 days after receipt of the recommendation;

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(e) If a recommendation of the Executive Council doesnot meet with the acceptance required under sub-para-graph (d), a decision on the proposal, including whether itfulfils the requirements of paragraph 7, shall be taken as amatter of substance by the Conference at its next session;

(f) The Director-General shall notify all States Partiesand the Depositary of any decision under this paragraph;

(g) Changes approved under this procedure shall enterinto force for all States Parties 180 days after the date ofnotification by the Director-General of their approval unlessanother time period is recommended by the Executive Coun-cil or decided by the Conference.

Article VIII. Review of the Treaty

1. Unless otherwise decided by a majority of the States Par-ties, ten years after the entry into force of this Treaty a Con-ference of the States Parties shall be held to review the opera-tion and effectiveness of this Treaty, with a view to assuringitself that the objectives and purposes in the Preamble and theprovisions of the Treaty are being realized. Such review shalltake into account any new scientific and technological devel-opments relevant to this Treaty. On the basis of a request byany State Party, the Review Conference shall consider thepossibility of permitting the conduct of underground nuclearexplosions for peaceful purposes. If the Review Conferencedecides by consensus that such nuclear explosions may bepermitted, it shall commence work without delay, with a viewto recommending to States Parties an appropriate amendmentto this Treaty that shall preclude any military benefits of suchnuclear explosions. Any such proposed amendment shall becommunicated to the Director-General by any State Party andshall be dealt with in accordance with the provisions of Ar-ticle VII.

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2. At intervals of ten years thereafter, further Review Con-ferences may be convened with the same objective, if theConference so decides as a matter of procedure in the preced-ing year. Such Conferences may be convened after an intervalof less than ten years if so decided by the Conference as amatter of substance.

3. Normally, any Review Conference shall be held immedi-ately following the regular annual session of the Conferenceprovided for in Article II.

Article IX. Duration and withdrawal

1. This Treaty shall be of unlimited duration.

2. Each State Party shall, in exercising its national sover-eignty, have the right to withdraw from this Treaty if it de-cides that extraordinary events related to the subject matter ofthis Treaty have jeopardized its supreme interests.

3. Withdrawal shall be effected by giving notice six monthsin advance to all other States Parties, the Executive Council,the Depositary and the United Nations Security Council.Notice of withdrawal shall include a statement of the extraor-dinary event or events which a State Party regards as jeopard-izing its supreme interests.

Article X. Status of the Protocol and theAnnexes

The Annexes to this Treaty, the Protocol, and the Annexesto the Protocol form an integral part of the Treaty. Any ref-erence to this Treaty includes the Annexes to this Treaty, theProtocol and the Annexes to the Protocol.

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Article XI. Signature

This Treaty shall be open to all States for signature beforeits entry into force.

Article XII. Ratification

This Treaty shall be subject to ratification by States Signa-tories according to their respective constitutional processes.

Article XIII. Accession

Any State which does not sign this Treaty before its entryinto force may accede to it at any time thereafter.

Article XIV. Entry into force

1. This Treaty shall enter into force 180 days after the dateof deposit of the instruments of ratification by all States listedin Annex 2 to this Treaty, but in no case earlier than two yearsafter its opening for signature.

2. If this Treaty has not entered into force three years afterthe date of the anniversary of its opening for signature, theDepositary shall convene a Conference of the States that havealready deposited their instruments of ratification upon therequest of a majority of those States. That Conference shallexamine the extent to which the requirement set out in para-graph 1 has been met and shall consider and decide by con-sensus what measures consistent with international law maybe undertaken to accelerate the ratification process in order tofacilitate the early entry into force of this Treaty.

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Art

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XIV

3. Unless otherwise decided by the Conference referred to inparagraph 2 or other such conferences, this process shall berepeated at subsequent anniversaries of the opening for signa-ture of this Treaty, until its entry into force.

4. All States Signatories shall be invited to attend the Con-ference referred to in paragraph 2 and any subsequent confer-ences as referred to in paragraph 3, as observers.

5. For States whose instruments of ratification or accessionare deposited subsequent to the entry into force of this Treaty,it shall enter into force on the 30th day following the date ofdeposit of their instruments of ratification or accession.

Article XV. Reservations

The Articles of and the Annexes to this Treaty shall not besubject to reservations. The provisions of the Protocol to thisTreaty and the Annexes to the Protocol shall not be subject toreservations incompatible with the object and purpose of thisTreaty.

Article XVI. Depositary

1. The Secretary-General of the United Nations shall be theDepositary of this Treaty and shall receive signatures, instru-ments of ratification and instruments of accession.

2. The Depositary shall promptly inform all States Signato-ries and acceding States of the date of each signature, the dateof deposit of each instrument of ratification or accession, thedate of the entry into force of this Treaty and of any amend-ments and changes thereto, and the receipt of other notices.

3. The Depositary shall send duly certified copies of this

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Treaty to the Governments of the States Signatories and ac-ceding States.

4. This Treaty shall be registered by the Depositary pursuantto Article 102 of the Charter of the United Nations.

Article XVII. Authentic texts

This Treaty, of which the Arabic, Chinese, English, French,Russian and Spanish texts are equally authentic, shall be de-posited with the Secretary-General of the United Nations.

Annex 1 to the Treaty

List of States pursuant to Article II, paragraph 28

Africa

Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi,Cameroon, Cape Verde, Central African Republic, Chad,Comoros, Congo, Côte d’Ivoire, Djibouti, Egypt, EquatorialGuinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea,Guinea-Bissau, Kenya, Lesotho, Liberia, Libyan ArabJamahiriya, Madagascar, Malawi, Mali, Mauritania, Mauri-tius, Morocco, Mozambique, Namibia, Niger, Nigeria,Rwanda, Sao Tome and Principe, Senegal, Seychelles, SierraLeone, Somalia, South Africa, Sudan, Swaziland, Togo, Tuni-sia, Uganda, United Republic of Tanzania, Zaire, Zambia,Zimbabwe.

Eastern Europe

Albania, Armenia, Azerbaijan, Belarus, Bosnia andHerzegovina, Bulgaria, Croatia, Czech Republic, Estonia,Georgia, Hungary, Latvia, Lithuania, Poland, Republic of

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Moldova, Romania, Russian Federation, Slovakia, Slovenia,The former Yugoslav Republic of Macedonia, Ukraine, Yugo-slavia.

Latin America and the Caribbean

Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize,Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Domi-nica, Dominican Republic, Ecuador, El Salvador, Grenada,Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nica-ragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, SaintLucia, Saint Vincent and the Grenadines, Suriname, Trinidadand Tobago, Uruguay, Venezuela.

Middle East and South Asia

Afghanistan, Bahrain, Bangladesh, Bhutan, India, Iran (Is-lamic Republic of), Iraq, Israel, Jordan, Kazakstan, Kuwait,Kyrgyzstan, Lebanon, Maldives, Nepal, Oman, Pakistan,Qatar, Saudi Arabia, Sri Lanka, Syrian Arab Republic,Tajikistan, Turkmenistan, United Arab Emirates, Uzbekistan,Yemen.

North America and Western Europe

Andorra, Austria, Belgium, Canada, Cyprus, Denmark, Fin-land, France, Germany, Greece, Holy See, Iceland, Ireland,Italy, Liechtenstein, Luxembourg, Malta, Monaco, Nether-lands, Norway, Portugal, San Marino, Spain, Sweden, Swit-zerland, Turkey, United Kingdom of Great Britain and North-ern Ireland, United States of America.

South East Asia, the Pacific and the Far East

Australia, Brunei Darussalam, Cambodia, China, Cook Is-lands, Democratic People’s Republic of Korea, Fiji, Indone-sia, Japan, Kiribati, Lao People’s Democratic Republic, Ma-laysia, Marshall Islands, Micronesia (Federated States of),Mongolia, Myanmar, Nauru, New Zealand, Niue, Palau,

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Papua New Guinea, Philippines, Republic of Korea, Samoa,Singapore, Solomon Islands, Thailand, Tonga, Tuvalu,Vanuatu, Viet Nam.

Annex 2 to the Treaty

List of States pursuant to Article XIV

List of States members of the Conference on Disarmamentas at 18 June 1996 which formally participated in the work ofthe 1996 session of the Conference and which appear in Table1 of the International Atomic Energy Agency’s April 1996edition of “Nuclear Power Reactors in the World”, and ofStates members of the Conference on Disarmament as at 18June 1996 which formally participated in the work of the1996 session of the Conference and which appear in Table 1of the International Atomic Energy Agency’s December 1995edition of “Nuclear Research Reactors in the World”:

Algeria, Argentina, Australia, Austria, Bangladesh, Belgium,Brazil, Bulgaria, Canada, Chile, China, Colombia, Demo-cratic People’s Republic of Korea, Egypt, Finland, France,Germany, Hungary, India, Indonesia, Iran (Islamic Republicof), Israel, Italy, Japan, Mexico, Netherlands, Norway, Paki-stan, Peru, Poland, Romania, Republic of Korea, RussianFederation, Slovakia, South Africa, Spain, Sweden, Switzer-land, Turkey, Ukraine, United Kingdom of Great Britain andNorthern Ireland, United States of America, Viet Nam, Zaire.

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PROTOCOL TO THE COMPREHENSIVENUCLEAR-TEST-BAN TREATY

Part I. The International Monitoring Systemand International Data Centre functions

A. General provisions

1. The International Monitoring System shall comprisemonitoring facilities as set out in Article IV, paragraph 16,and respective means of communication.

2. The monitoring facilities incorporated into the Interna-tional Monitoring System shall consist of those facilitiesspecified in Annex 1 to this Protocol. The International Moni-toring System shall fulfil the technical and operational re-quirements specified in the relevant operational manuals.

3. The Organization, in accordance with Article II, shall, incooperation and consultation with the States Parties, withother States, and with international organizations as appropri-ate, establish and coordinate the operation and maintenance,and any future agreed modification or development of theInternational Monitoring System.

4. In accordance with appropriate agreements or arrange-ments and procedures, a State Party or other State hosting orotherwise taking responsibility for International MonitoringSystem facilities and the Technical Secretariat shall agree andcooperate in establishing, operating, upgrading, financing,and maintaining monitoring facilities, related certified labora-

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tories and respective means of communication within areasunder its jurisdiction or control or elsewhere in conformitywith international law. Such cooperation shall be in accord-ance with the security and authentication requirements andtechnical specifications contained in the relevant operationalmanuals. Such a State shall give the Technical Secretariatauthority to access a monitoring facility for checking equip-ment and communication links, and shall agree to make thenecessary changes in the equipment and the operational pro-cedures to meet agreed requirements. The Technical Secre-tariat shall provide to such States appropriate technical assist-ance as is deemed by the Executive Council to be required forthe proper functioning of the facility as part of the Interna-tional Monitoring System.

5. Modalities for such cooperation between the Organizationand States Parties or States hosting or otherwise taking re-sponsibility for facilities of the International Monitoring Sys-tem shall be set out in agreements or arrangements as appro-priate in each case.

B. Seismological monitoring

6. Each State Party undertakes to cooperate in an interna-tional exchange of seismological data to assist in the verifica-tion of compliance with this Treaty. This cooperation shallinclude the establishment and operation of a global networkof primary and auxiliary seismological monitoring stations.These stations shall provide data in accordance with agreedprocedures to the International Data Centre.

7. The network of primary stations shall consist of the 50stations specified in Table 1-A of Annex 1 to this Protocol.These stations shall fulfil the technical and operational re-quirements specified in the Operational Manual for Seismo-logical Monitoring and the International Exchange of Seismo-

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logical Data. Uninterrupted data from the primary stationsshall be transmitted, directly or through a national data centre,on-line to the International Data Centre.

8. To supplement the primary network, an auxiliary networkof 120 stations shall provide information, directly or througha national data centre, to the International Data Centre uponrequest. The auxiliary stations to be used are listed inTable 1-B of Annex 1 to this Protocol. The auxiliary stationsshall fulfil the technical and operational requirements speci-fied in the Operational Manual for Seismological Monitoringand the International Exchange of Seismological Data. Datafrom the auxiliary stations may at any time be requested bythe International Data Centre and shall be immediately avail-able through on-line computer connections.

C. Radionuclide monitoring

9. Each State Party undertakes to cooperate in an interna-tional exchange of data on radionuclides in the atmosphere toassist in the verification of compliance with this Treaty. Thiscooperation shall include the establishment and operation ofa global network of radionuclide monitoring stations and cer-tified laboratories. The network shall provide data in accord-ance with agreed procedures to the International Data Centre.

10. The network of stations to measure radionuclides in theatmosphere shall comprise an overall network of 80 stations,as specified in Table 2-A of Annex 1 to this Protocol. Allstations shall be capable of monitoring for the presence ofrelevant particulate matter in the atmosphere. Forty of thesestations shall also be capable of monitoring for the presenceof relevant noble gases upon the entry into force of thisTreaty. For this purpose the Conference, at its initial session,shall approve a recommendation by the Preparatory Commis-sion as to which 40 stations from Table 2-A of Annex 1 to this

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Protocol shall be capable of noble gas monitoring. At its firstregular annual session, the Conference shall consider anddecide on a plan for implementing noble gas monitoring ca-pability throughout the network. The Director-General shallprepare a report to the Conference on the modalities for suchimplementation. All monitoring stations shall fulfil the tech-nical and operational requirements specified in the Opera-tional Manual for Radionuclide Monitoring and the Interna-tional Exchange of Radionuclide Data.

11. The network of radionuclide monitoring stations shallbe supported by laboratories, which shall be certified by theTechnical Secretariat in accordance with the relevant opera-tional manual for the performance, on contract to the Organi-zation and on a fee-for-service basis, of the analysis of sam-ples from radionuclide monitoring stations. Laboratoriesspecified in Table 2-B of Annex 1 to this Protocol, and appro-priately equipped, shall, as required, also be drawn upon bythe Technical Secretariat to perform additional analysis ofsamples from radionuclide monitoring stations. With theagreement of the Executive Council, further laboratories maybe certified by the Technical Secretariat to perform the rou-tine analysis of samples from manual monitoring stationswhere necessary. All certified laboratories shall provide theresults of such analysis to the International Data Centre, andin so doing shall fulfil the technical and operational require-ments specified in the Operational Manual on RadionuclideMonitoring and the International Exchange of RadionuclideData.

D. Hydroacoustic monitoring

12. Each State Party undertakes to cooperate in an interna-tional exchange of hydroacoustic data to assist in the verifi-cation of compliance with this Treaty. This cooperation shallinclude the establishment and operation of a global network

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of hydroacoustic monitoring stations. These stations shallprovide data in accordance with agreed procedures to the In-ternational Data Centre.

13. The network of hydroacoustic stations shall consist ofthe stations specified in Table 3 of Annex 1 to this Protocol,and shall comprise an overall network of six hydrophone andfive T-phase stations. These stations shall fulfil the technicaland operational requirements specified in the OperationalManual for Hydroacoustic Monitoring and the InternationalExchange of Hydroacoustic Data.

E. Infrasound monitoring

14. Each State Party undertakes to cooperate in an interna-tional exchange of infrasound data to assist in the verificationof compliance with this Treaty. This cooperation shall includethe establishment and operation of a global network ofinfrasound monitoring stations. These stations shall providedata in accordance with agreed procedures to the InternationalData Centre.

15. The network of infrasound stations shall consist of thestations specified in Table 4 of Annex 1 to this Protocol, andshall comprise an overall network of 60 stations. These sta-tions shall fulfil the technical and operational requirementsspecified in the Operational Manual for Infrasound Monitor-ing and the International Exchange of Infrasound Data.

F. International Data Centre functions

16. The International Data Centre shall receive, collect,process, analyse, report on and archive data from Interna-tional Monitoring System facilities, including the results ofanalysis conducted at certified laboratories.

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17. The procedures and standard event screening criteria tobe used by the International Data Centre in carrying out itsagreed functions, in particular for the production of standardreporting products and for the performance of a standardrange of services for States Parties, shall be elaborated in theOperational Manual for the International Data Centre andshall be progressively developed. The procedures and criteriadeveloped initially by the Preparatory Commission shall beapproved by the Conference at its initial session.

International Data Centre standard products

18. The International Data Centre shall apply on a routinebasis automatic processing methods and interactive humananalysis to raw International Monitoring System data in orderto produce and archive standard International Data Centreproducts on behalf of all States Parties. These products shallbe provided at no cost to States Parties and shall be withoutprejudice to final judgements with regard to the nature of anyevent, which shall remain the responsibility of States Parties,and shall include:

(a) Integrated lists of all signals detected by the Inter-national Monitoring System, as well as standard event listsand bulletins, including the values and associated uncertain-ties calculated for each event located by the InternationalData Centre, based on a set of standard parameters;

(b) Standard screened event bulletins that result fromthe application to each event by the International Data Centreof standard event screening criteria, making use of the charac-terization parameters specified in Annex 2 to this Protocol,with the objective of characterizing, highlighting in the stand-ard event bulletin, and thereby screening out, events consid-ered to be consistent with natural phenomena or non-nuclear,man-made phenomena. The standard event bulletin shall indi-cate numerically for each event the degree to which that event

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meets or does not meet the event screening criteria. In apply-ing standard event screening, the International Data Centreshall use both global and supplementary screening criteria totake account of regional variations where applicable. TheInternational Data Centre shall progressively enhance its tech-nical capabilities as experience is gained in the operation ofthe International Monitoring System;

(c) Executive summaries, which summarize the dataacquired and archived by the International Data Centre, theproducts of the International Data Centre, and the perform-ance and operational status of the International MonitoringSystem and International Data Centre; and

(d) Extracts or subsets of the standard InternationalData Centre products specified in sub-paragraphs (a) to (c),selected according to the request of an individual State Party.

19. The International Data Centre shall carry out, at no costto States Parties, special studies to provide in-depth, technicalreview by expert analysis of data from the InternationalMonitoring System, if requested by the Organization or by aState Party, to improve the estimated values for the standardsignal and event parameters.

International Data Centre services to StatesParties

20. The International Data Centre shall provide States Par-ties with open, equal, timely and convenient access to allInternational Monitoring System data, raw or processed, allInternational Data Centre products, and all other InternationalMonitoring System data in the archive of the InternationalData Centre or, through the International Data Centre, of In-ternational Monitoring System facilities. The methods forsupporting data access and the provision of data shall includethe following services:

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(a) Automatic and regular forwarding to a State Partyof the products of the International Data Centre or the selec-tion by the State Party thereof, and, as requested, the selectionby the State Party of International Monitoring System data;

(b) The provision of the data or products generated inresponse to ad hoc requests by States Parties for the retrievalfrom the International Data Centre and International Monitor-ing System facility archives of data and products, includinginteractive electronic access to the International Data Centredatabase; and

(c) Assisting individual States Parties, at their requestand at no cost for reasonable efforts, with expert technicalanalysis of International Monitoring System data and otherrelevant data provided by the requesting State Party, in orderto help the State Party concerned to identify the source ofspecific events. The output of any such technical analysisshall be considered a product of the requesting State Party,but shall be available to all States Parties.

The International Data Centre services specified in sub-para-graphs (a) and (b) shall be made available at no cost to eachState Party. The volumes and formats of data shall be set outin the Operational Manual for the International Data Centre.

National event screening

21. The International Data Centre shall, if requested by aState Party, apply to any of its standard products, on a regularand automatic basis, national event screening criteria estab-lished by that State Party, and provide the results of suchanalysis to that State Party. This service shall be undertakenat no cost to the requesting State Party. The output of suchnational event screening processes shall be considered a prod-uct of the requesting State Party.

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Technical assistance

22. The International Data Centre shall, where required,provide technical assistance to individual States Parties:

(a) In formulating their requirements for selection andscreening of data and products;

(b) By installing at the International Data Centre, atno cost to a requesting State Party for reasonable efforts,computer algorithms or software provided by that State Partyto compute new signal and event parameters that are not in-cluded in the Operational Manual for the International DataCentre, the output being considered products of the requestingState Party; and

(c) By assisting States Parties to develop the capabil-ity to receive, process and analyse International MonitoringSystem data at a national data centre.

23. The International Data Centre shall continuously moni-tor and report on the operational status of the InternationalMonitoring System facilities, of communications links, and ofits own processing systems. It shall provide immediate noti-fication to those responsible should the operational perform-ance of any component fail to meet agreed levels set out inthe relevant operational manual.

Part II. On-site inspections

A. General provisions

1. The procedures in this Part shall be implemented pursuantto the provisions for on-site inspections set out in Article IV.

2. The on-site inspection shall be carried out in the area wherethe event that triggered the on-site inspection request occurred.

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3. The area of an on-site inspection shall be continuous andits size shall not exceed 1,000 square kilometres. There shallbe no linear distance greater than 50 kilometres in any direc-tion.

4. The duration of an on-site inspection shall not exceed 60days from the date of the approval of the on-site inspectionrequest in accordance with Article IV, paragraph 46, but maybe extended by a maximum of 70 days in accordance withArticle IV, paragraph 49.

5. If the inspection area specified in the inspection mandateextends to the territory or other place under the jurisdiction orcontrol of more than one State Party, the provisions on on-siteinspections shall, as appropriate, apply to each of the StatesParties to which the inspection area extends.

6. In cases where the inspection area is under the jurisdic-tion or control of the inspected State Party but is located onthe territory of another State Party or where the access fromthe point of entry to the inspection area requires transitthrough the territory of a State Party other than the inspectedState Party, the inspected State Party shall exercise the rightsand fulfil the obligations concerning such inspections in ac-cordance with this Protocol. In such a case, the State Party onwhose territory the inspection area is located shall facilitatethe inspection and shall provide for the necessary support toenable the inspection team to carry out its tasks in a timelyand effective manner. States Parties through whose territorytransit is required to reach the inspection area shall facilitatesuch transit.

7. In cases where the inspection area is under the jurisdic-tion or control of the inspected State Party but is located onthe territory of a State not Party to this Treaty, the inspectedState Party shall take all necessary measures to ensure that theinspection can be carried out in accordance with this Protocol.A State Party that has under its jurisdiction or control one or

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more areas on the territory of a State not Party to this Treatyshall take all necessary measures to ensure acceptance by theState on whose territory the inspection area is located of in-spectors and inspection assistants designated to that StateParty. If an inspected State Party is unable to ensure access,it shall demonstrate that it took all necessary measures toensure access.

8. In cases where the inspection area is located on the terri-tory of a State Party but is under the jurisdiction or control ofa State not Party to this Treaty, the State Party shall take allnecessary measures required of an inspected State Party and aState Party on whose territory the inspection area is located,without prejudice to the rules and practices of internationallaw, to ensure that the on-site inspection can be carried out inaccordance with this Protocol. If the State Party is unable toensure access to the inspection area, it shall demonstrate thatit took all necessary measures to ensure access, without preju-dice to the rules and practices of international law.

9. The size of the inspection team shall be kept to the mini-mum necessary for the proper fulfilment of the inspectionmandate. The total number of members of the inspection teampresent on the territory of the inspected State Party at anygiven time, except during the conduct of drilling, shall notexceed 40 persons. No national of the requesting State Partyor the inspected State Party shall be a member of the inspec-tion team.

10. The Director-General shall determine the size of theinspection team and select its members from the list of in-spectors and inspection assistants, taking into account the cir-cumstances of a particular request.

11. The inspected State Party shall provide for or arrangethe amenities necessary for the inspection team, such as com-munication means, interpretation services, transportation,working space, lodging, meals, and medical care.

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12. The inspected State Party shall be reimbursed by theOrganization, in a reasonably short period of time after con-clusion of the inspection, for all expenses, including thosementioned in paragraphs 11 and 49, related to the stay andfunctional activities of the inspection team on the territory ofthe inspected State Party.

13. Procedures for the implementation of on-site inspec-tions shall be detailed in the Operational Manual for On-SiteInspections.

B. Standing arrangements

Designation of inspectors and inspectionassistants

14. An inspection team may consist of inspectors and in-spection assistants. An on-site inspection shall only be carriedout by qualified inspectors specially designated for this func-tion. They may be assisted by specially designated inspectionassistants, such as technical and administrative personnel,aircrew and interpreters.

15. Inspectors and inspection assistants shall be nominatedfor designation by the States Parties or, in the case of staff ofthe Technical Secretariat, by the Director-General, on thebasis of their expertise and experience relevant to the purposeand functions of on-site inspections. The nominees shall beapproved in advance by the States Parties in accordance withparagraph 18.

16. Each State Party, no later than 30 days after the entryinto force of this Treaty for it, shall notify the Director-Gen-eral of the names, dates of birth, sex, ranks, qualifications andprofessional experience of the persons proposed by the StateParty for designation as inspectors and inspection assistants.

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17. No later than 60 days after the entry into force of thisTreaty, the Technical Secretariat shall communicate in writingto all States Parties an initial list of the names, nationalities,dates of birth, sex and ranks of the inspectors and inspectionassistants proposed for designation by the Director-Generaland the States Parties, as well as a description of their quali-fications and professional experience.

18. Each State Party shall immediately acknowledge receiptof the initial list of inspectors and inspection assistants pro-posed for designation. Any inspector or inspection assistantincluded in this list shall be regarded as accepted unless aState Party, no later than 30 days after acknowledgment ofreceipt of the list, declares its non-acceptance in writing. TheState Party may include the reason for the objection. In thecase of non-acceptance, the proposed inspector or inspectionassistant shall not undertake or participate in on-site inspec-tion activities on the territory or in any other place under thejurisdiction or control of the State Party that has declared itsnon-acceptance. The Technical Secretariat shall immediatelyconfirm receipt of the notification of objection.

19. Whenever additions or changes to the list of inspectorsand inspection assistants are proposed by the Director-Gen-eral or a State Party, replacement inspectors and inspectionassistants shall be designated in the same manner as set forthwith respect to the initial list. Each State Party shall promptlynotify the Technical Secretariat if an inspector or inspectionassistant nominated by it can no longer fulfil the duties of aninspector or inspection assistant.

20. The Technical Secretariat shall keep the list of inspec-tors and inspection assistants up to date and notify all StatesParties of any additions or changes to the list.

21. A State Party requesting an on-site inspection may pro-pose that an inspector from the list of inspectors and inspec-

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tion assistants serve as its observer in accordance with Arti-cle IV, paragraph 61.

22. Subject to paragraph 23, a State Party shall have theright at any time to object to an inspector or inspection assist-ant who has already been accepted. It shall notify the Tech-nical Secretariat of its objection in writing and may includethe reason for the objection. Such objection shall come intoeffect 30 days after receipt of the notification by the TechnicalSecretariat. The Technical Secretariat shall immediately con-firm receipt of the notification of the objection and inform theobjecting and nominating States Parties of the date on whichthe inspector or inspection assistant shall cease to be desig-nated for that State Party.

23. A State Party that has been notified of an inspectionshall not seek the removal from the inspection team of any ofthe inspectors or inspection assistants named in the inspectionmandate.

24. The number of inspectors and inspection assistants ac-cepted by a State Party must be sufficient to allow for avail-ability of appropriate numbers of inspectors and inspectionassistants. If, in the opinion of the Director-General, the non-acceptance by a State Party of proposed inspectors or inspec-tion assistants impedes the designation of a sufficient numberof inspectors and inspection assistants or otherwise hampersthe effective fulfilment of the purposes of an on-site inspec-tion, the Director-General shall refer the issue to the Execu-tive Council.

25. Each inspector included in the list of inspectors andinspection assistants shall receive relevant training. Suchtraining shall be provided by the Technical Secretariat pursu-ant to the procedures specified in the Operational Manual forOn-Site Inspections. The Technical Secretariat shall coordi-nate, in agreement with the States Parties, a schedule of train-ing for the inspectors.

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Privileges and immunities

26. Following acceptance of the initial list of inspectors andinspection assistants as provided for in paragraph 18 or assubsequently altered in accordance with paragraph 19, eachState Party shall be obliged to issue, in accordance with itsnational procedures and upon application by an inspector orinspection assistant, multiple entry/exit and/or transit visasand other relevant documents to enable each inspector andinspection assistant to enter and to remain on the territory ofthat State Party for the sole purpose of carrying out inspectionactivities. Each State Party shall issue the necessary visa ortravel documents for this purpose no later than 48 hours afterreceipt of the application or immediately upon arrival of theinspection team at the point of entry on the territory of theState Party. Such documents shall be valid for as long as isnecessary to enable the inspector or inspection assistant toremain on the territory of the inspected State Party for thesole purpose of carrying out the inspection activities.

27. To exercise their functions effectively, members of theinspection team shall be accorded privileges and immunitiesas set forth in sub-paragraphs (a) to (i). Privileges andimmunities shall be granted to members of the inspectionteam for the sake of this Treaty and not for the personalbenefit of the individuals themselves. Such privileges andimmunities shall be accorded to them for the entire periodbetween arrival on and departure from the territory of theinspected State Party, and thereafter with respect to acts pre-viously performed in the exercise of their official functions.

(a) The members of the inspection team shall be ac-corded the inviolability enjoyed by diplomatic agents pursu-ant to Article 29 of the Vienna Convention on DiplomaticRelations of 18 April 1961;

(b) The living quarters and office premises occupiedby the inspection team carrying out inspection activities pur-

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suant to this Treaty shall be accorded the inviolability andprotection accorded to the premises of diplomatic agents pur-suant to Article 30, paragraph 1, of the Vienna Convention onDiplomatic Relations;

(c) The papers and correspondence, including records,of the inspection team shall enjoy the inviolability accordedto all papers and correspondence of diplomatic agents pursu-ant to Article 30, paragraph 2, of the Vienna Convention onDiplomatic Relations. The inspection team shall have theright to use codes for their communications with the Techni-cal Secretariat;

(d) Samples and approved equipment carried by mem-bers of the inspection team shall be inviolable subject to pro-visions contained in this Treaty and exempt from all customsduties. Hazardous samples shall be transported in accordancewith relevant regulations;

(e) The members of the inspection team shall be ac-corded the immunities accorded to diplomatic agents pursuantto Article 31, paragraphs 1, 2 and 3, of the Vienna Conventionon Diplomatic Relations;

(f) The members of the inspection team carrying outprescribed activities pursuant to this Treaty shall be accordedthe exemption from dues and taxes accorded to diplomaticagents pursuant to Article 34 of the Vienna Convention onDiplomatic Relations;

(g) The members of the inspection team shall be per-mitted 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 theimport or export of which is prohibited by law or controlledby quarantine regulations;

(h) The members of the inspection team shall be ac-corded the same currency and exchange facilities as are ac-corded to representatives of foreign Governments on tempo-rary official missions; and

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(i) The members of the inspection team shall notengage in any professional or commercial activity for per-sonal profit on the territory of the inspected State Party.

28. When transiting the territory of States Parties other thanthe inspected State Party, the members of the inspection teamshall be accorded the privileges and immunities enjoyed bydiplomatic agents pursuant to Article 40, paragraph 1, of theVienna Convention on Diplomatic Relations. Papers and cor-respondence, including records, and samples and approvedequipment carried by them, shall be accorded the privilegesand immunities set forth in paragraph 27(c) and (d).

29. Without prejudice to their privileges and immunities themembers of the inspection team shall be obliged to respectthe laws and regulations of the inspected State Party and, tothe extent that is consistent with the inspection mandate, shallbe obliged not to interfere in the internal affairs of that State.If the inspected State Party considers that there has been anabuse of privileges and immunities specified in this Protocol,consultations shall be held between the State Party and theDirector-General to determine whether such an abuse hasoccurred and, if so determined, to prevent a repetition of suchan abuse.

30. The immunity from jurisdiction of members of the in-spection team may be waived by the Director-General inthose cases when the Director-General is of the opinion thatimmunity would impede the course of justice and that it canbe waived without prejudice to the implementation of theprovisions of this Treaty. Waiver must always be express.

31. Observers shall be accorded the same privileges andimmunities accorded to members of the inspection team pur-suant to this section, except for those accorded pursuant toparagraph 27(d).

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Points of entry

32. Each State Party shall designate its points of entry andshall supply the required information to the Technical Secre-tariat no later than 30 days after this Treaty enters into forcefor it. These points of entry shall be such that the inspectionteam can reach any inspection area from at least one point ofentry within 24 hours. Locations of points of entry shall beprovided to all States Parties by the Technical Secretariat.Points of entry may also serve as points of exit.

33. Each State Party may change its points of entry by giv-ing notice of such change to the Technical Secretariat.Changes shall become effective 30 days after the TechnicalSecretariat receives such notification, to allow appropriate no-tification to all States Parties.

34. If the Technical Secretariat considers that there are in-sufficient points of entry for the timely conduct of inspectionsor that changes to the points of entry proposed by a StateParty would hamper such timely conduct of inspections, itshall enter into consultations with the State Party concernedto resolve the problem.

Arrangements for use of non-scheduled aircraft

35. Where timely travel to the point of entry is not feasibleusing scheduled commercial flights, an inspection team mayutilize non-scheduled aircraft. No later than 30 days after thisTreaty enters into force for it, each State Party shall informthe Technical Secretariat of the standing diplomatic clearancenumber for non-scheduled aircraft transporting an inspectionteam and equipment necessary for inspection. Aircraftroutings shall be along established international airways thatare agreed upon between the State Party and the TechnicalSecretariat as the basis for such diplomatic clearance.

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Approved inspection equipment

36. The Conference, at its initial session, shall consider andapprove a list of equipment for use during on-site inspections.Each State Party may submit proposals for the inclusion ofequipment in the list. Specifications for the use of the equip-ment, as detailed in the Operational Manual for On-Site In-spections, shall take account of safety and confidentiality con-siderations where such equipment is likely to be used.

37. The equipment for use during on-site inspections shallconsist of core equipment for the inspection activities andtechniques specified in paragraph 69 and auxiliary equipmentnecessary for the effective and timely conduct of on-site in-spections.

38. The Technical Secretariat shall ensure that all types ofapproved equipment are available for on-site inspectionswhen required. When required for an on-site inspection, theTechnical Secretariat shall duly certify that the equipment hasbeen calibrated, maintained and protected. To facilitate thechecking of the equipment at the point of entry by the in-spected State Party, the Technical Secretariat shall providedocumentation and attach seals to authenticate the certifica-tion.

39. Any permanently held equipment shall be in the custodyof the Technical Secretariat. The Technical Secretariat shallbe responsible for the maintenance and calibration of suchequipment.

40. As appropriate, the Technical Secretariat shall makearrangements with States Parties to provide equipment men-tioned in the list. Such States Parties shall be responsible forthe maintenance and calibration of such equipment.

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C. On-site inspection request, inspectionmandate and notification of inspection

On-Site inspection request

41. Pursuant to Article IV, paragraph 37, the on-site inspec-tion request shall contain at least the following information:

(a) The estimated geographical and vertical co-ordi-nates of the location of the event that triggered the requestwith an indication of the possible margin of error;

(b) The proposed boundaries of the area to be in-spected, specified on a map and in accordance with para-graphs 2 and 3;

(c) The State Party or States Parties to be inspected oran indication that the area to be inspected or part thereof isbeyond the jurisdiction or control of any State;

(d) The probable environment of the event that trig-gered the request;

(e) The estimated time of the event that triggered therequest, with an indication of the possible margin of error;

(f) All data upon which the request is based;(g) The personal details of the proposed observer, if

any; and(h) The results of a consultation and clarification

process in accordance with Article IV, or an explanation, ifrelevant, of the reasons why such a consultation and clarifi-cation process has not been carried out.

Inspection mandate

42. The mandate for an on-site inspection shall contain:(a) The decision of the Executive Council on the on-

site inspection request;

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(b) The name of the State Party or States Parties to beinspected or an indication that the inspection area or partthereof is beyond the jurisdiction or control of any State;

(c) The location and boundaries of the inspection areaspecified on a map, taking into account all information onwhich the request was based and all other available technicalinformation, in consultation with the requesting State Party;

(d) The planned types of activity of the inspectionteam in the inspection area;

(e) The point of entry to be used by the inspectionteam;

(f) Any transit or basing points, as appropriate;(g) The name of the head of the inspection team;(h) The names of members of the inspection team;(i) The name of the proposed observer, if any; and(j) The list of equipment to be used in the inspec-

tion area.

If a decision by the Executive Council pursuant to Article IV,paragraphs 46 to 49, necessitates a modification of the inspec-tion mandate, the Director-General may update the mandatewith respect to sub-paragraphs (d), (h) and (j), as appropriate.The Director-General shall immediately notify the inspectedState Party of any such modification.

Notification of inspection

43. The notification made by the Director-General pursuantto Article IV, paragraph 55 shall include the following infor-mation:

(a) The inspection mandate;(b) The date and estimated time of arrival of the in-

spection team at the point of entry;

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(c) The means of arrival at the point of entry;(d) If appropriate, the standing diplomatic clearance

number for non-scheduled aircraft; and(e) A list of any equipment which the Director-

General requests the inspected State Party to make availableto the inspection team for use in the inspection area.

44. The inspected State Party shall acknowledge receipt ofthe notification by the Director-General no later than 12 hoursafter having received the notification.

D. Pre-inspection activities

Entry into the territory of the inspected StateParty, activities at the point of entry and transferto the inspection area

45. The inspected State Party that has been notified of thearrival of the inspection team shall ensure the immediateentry of the inspection team into its territory.

46. When a non-scheduled aircraft is used for travel to thepoint of entry, the Technical Secretariat shall provide the in-spected State Party with a flight plan, through the NationalAuthority, for the flight of the aircraft from the last airfieldprior to entering the airspace of that State Party to the pointof entry, no less than six hours before the scheduled departuretime from that airfield. Such a plan shall be filed in accord-ance with the procedures of the International Civil AviationOrganization applicable to civil aircraft. The Technical Secre-tariat shall include in the remarks section of the flight plan thestanding diplomatic clearance number and the appropriatenotation identifying the aircraft as an inspection aircraft. If amilitary aircraft is used, the Technical Secretariat shall re-

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quest prior authorization from the inspected State Party toenter its airspace.

47. No less than three hours before the scheduled departureof the inspection team from the last airfield prior to enteringthe airspace of the inspected State Party, the inspected StateParty shall ensure that the flight plan filed in accordance withparagraph 46 is approved, so that the inspection team mayarrive at the point of entry by the estimated arrival time.

48. Where necessary, the head of the inspection team andthe representative of the inspected State Party shall agree ona basing point and a flight plan from the point of entry to thebasing point and, if necessary, to the inspection area.

49. The inspected State Party shall provide for or arrangeparking, security protection, servicing and fuel as required bythe Technical Secretariat for the aircraft of the inspectionteam at the point of entry and, where necessary, at the basingpoint and at the inspection area. Such aircraft shall not beliable for landing fees, departure tax, and similar charges.This paragraph shall also apply to aircraft used for overflightduring the on-site inspection.

50. Subject to paragraph 51, there shall be no restriction bythe inspected State Party on the inspection team bringing ap-proved equipment that is in conformity with the inspectionmandate into the territory of that State Party, or on its use inaccordance with the provisions of the Treaty and this Proto-col.

51. The inspected State Party shall have the right, withoutprejudice to the time-frame specified in paragraph 54, tocheck in the presence of inspection team members at the pointof entry that the equipment has been approved and certified inaccordance with paragraph 38. The inspected State Party mayexclude equipment that is not in conformity with the inspec-

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tion mandate or that has not been approved and certified inaccordance with paragraph 38.

52. Immediately upon arrival at the point of entry and with-out prejudice to the time-frame specified in paragraph 54, thehead of the inspection team shall present to the representativeof the inspected State Party the inspection mandate and aninitial inspection plan prepared by the inspection team speci-fying the activities to be carried out by it. The inspection teamshall be briefed by representatives of the inspected State Partywith the aid of maps and other documentation as appropriate.The briefing shall include relevant natural terrain features,safety and confidentiality issues, and logistical arrangementsfor the inspection. The inspected State Party may indicatelocations within the inspection area that, in its view, are notrelated to the purpose of the inspection.

53. After the pre-inspection briefing, the inspection teamshall, as appropriate, modify the initial inspection plan, takinginto account any comments by the inspected State Party. Themodified inspection plan shall be made available to the rep-resentative of the inspected State Party.

54. The inspected State Party shall do everything in itspower to provide assistance and to ensure the safe conduct ofthe inspection team, the approved equipment specified inparagraphs 50 and 51 and baggage from the point of entry tothe inspection area no later than 36 hours after arrival at thepoint of entry, if no other timing has been agreed upon withinthe time-frame specified in paragraph 57.

55. To confirm that the area to which the inspection teamhas been transported corresponds to the inspection area speci-fied in the inspection mandate, the inspection team shall havethe right to use approved location-finding equipment. The in-spected State Party shall assist the inspection team in thistask.

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E. Conduct of inspections

General rules

56. The inspection team shall discharge its functions in ac-cordance with the provisions of the Treaty and this Protocol.

57. The inspection team shall begin its inspection activitiesin the inspection area as soon as possible, but in no case laterthan 72 hours after arrival at the point of entry.

58. The activities of the inspection team shall be so ar-ranged as to ensure the timely and effective discharge of itsfunctions and the least possible inconvenience to the in-spected State Party and disturbance to the inspection area.

59. In cases where the inspected State Party has been re-quested, pursuant to paragraph 43(e) or in the course of theinspection, to make available any equipment for use by theinspection team in the inspection area, the inspected StateParty shall comply with the request to the extent it can.

60. During the on-site inspection the inspection team shallhave, inter alia:

(a) The right to determine how the inspection willproceed, consistent with the inspection mandate and takinginto account any steps taken by the inspected State Party con-sistent with the provisions on managed access;

(b) The right to modify the inspection plan, as neces-sary, to ensure the effective execution of the inspection;

(c) The obligation to take into account the recommen-dations and suggested modifications by the inspected StateParty to the inspection plan;

(d) The right to request clarifications in connectionwith ambiguities that may arise during the inspection;

(e) The obligation to use only those techniques speci-fied in paragraph 69 and to refrain from activities that are not

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relevant to the purpose of the inspection. The team shall col-lect and document such facts as are related to the purpose ofthe inspection, but shall neither seek nor document informa-tion that is clearly unrelated thereto. Any material collectedand subsequently found not to be relevant shall be returned tothe inspected State Party;

(f) The obligation to take into account and include inits report data and explanations on the nature of the event thattriggered the request, provided by the inspected State Partyfrom the national monitoring networks of the inspected StateParty and from other sources;

(g) The obligation to provide the inspected StateParty, at its request, with copies of the information and datacollected in the inspection area; and

(h) The obligation to respect the confidentiality andthe safety and health regulations of the inspected State Party.

61. During the on-site inspection the inspected State Partyshall have, inter alia:

(a) The right to make recommendations at any time tothe inspection team regarding possible modification of theinspection plan;

(b) The right and the obligation to provide a repre-sentative to liaise with the inspection team;

(c) The right to have representatives accompany theinspection team during the performance of its duties and ob-serve all inspection activities carried out by the inspectionteam. This shall not delay or otherwise hinder the inspectionteam in the exercise of its functions;

(d) The right to provide additional information and torequest the collection and documentation of additional facts itbelieves are relevant to the inspection;

(e) The right to examine all photographic and meas-urement products as well as samples and to retain any photo-

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graphs or parts thereof showing sensitive sites not related tothe purpose of the inspection. The inspected State Party shallhave the right to receive duplicate copies of all photographicand measurement products. The inspected State Party shallhave the right to retain photographic originals and first-generation photographic products and to put photographs orparts thereof under joint seal within its territory. The in-spected State Party shall have the right to provide its owncamera operator to take still/video photographs as requestedby the inspection team. Otherwise, these functions shall beperformed by members of the inspection team;

(f) The right to provide the inspection team, from itsnational monitoring networks and from other sources, withdata and explanations on the nature of the event that triggeredthe request; and

(g) The obligation to provide the inspection team withsuch clarification as may be necessary to resolve any ambi-guities that arise during the inspection.

Communications

62. The members of the inspection team shall have the rightat all times during the on-site inspection to communicate witheach other and with the Technical Secretariat. For this pur-pose they may use their own duly approved and certifiedequipment with the consent of the inspected State Party, tothe extent that the inspected State Party does not providethem with access to other telecommunications.

Observer

63. In accordance with Article IV, paragraph 61, the re-questing State Party shall liaise with the Technical Secretariatto co-ordinate the arrival of the observer at the same point ofentry or basing point as the inspection team within a reason-able period of the arrival of the inspection team.

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64. The observer shall have the right throughout the inspec-tion to be in communication with the embassy of the request-ing State Party located in the inspected State Party or, in thecase of absence of an embassy, with the requesting State Partyitself.

65. The observer shall have the right to arrive at the inspec-tion area and to have access to and within the inspection areaas granted by the inspected State Party.

66. The observer shall have the right to make recommenda-tions to the inspection team throughout the inspection.

67. Throughout the inspection, the inspection team shallkeep the observer informed about the conduct of the inspec-tion and the findings.

68. Throughout the inspection, the inspected State Partyshall provide or arrange for the amenities necessary for theobserver similar to those enjoyed by the inspection team asdescribed in paragraph 11. All costs in connection with thestay of the observer on the territory of the inspected StateParty shall be borne by the requesting State Party.

Inspection activities and techniques

69. The following inspection activities may be conductedand techniques used, in accordance with the provisions onmanaged access, on collection, handling and analysis of sam-ples, and on overflights:

(a) Position finding from the air and at the surface toconfirm the boundaries of the inspection area and establishcoordinates of locations therein, in support of the inspectionactivities;

(b) Visual observation, video and still photographyand multi-spectral imaging, including infrared measurements,at and below the surface, and from the air, to search foranomalies or artifacts;

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(c) Measurement of levels of radioactivity above, atand below the surface, using gamma radiation monitoring andenergy resolution analysis from the air, and at or under thesurface, to search for and identify radiation anomalies;

(d) Environmental sampling and analysis of solids,liquids and gases from above, at and below the surface todetect anomalies;

(e) Passive seismological monitoring for aftershocksto localize the search area and facilitate determination of thenature of an event;

(f) Resonance seismometry and active seismic sur-veys to search for and locate underground anomalies, includ-ing cavities and rubble zones;

(g) Magnetic and gravitational field mapping, groundpenetrating radar and electrical conductivity measurements atthe surface and from the air, as appropriate, to detect anoma-lies or artifacts; and

(h) Drilling to obtain radioactive samples.

70. Up to 25 days after the approval of the on-site inspectionin accordance with Article IV, paragraph 46, the inspectionteam shall have the right to conduct any of the activities anduse any of the techniques listed in paragraph 69(a) to (e).Following the approval of the continuation of the inspectionin accordance with Article IV, paragraph 47, the inspectionteam shall have the right to conduct any of the activities anduse any of the techniques listed in paragraph 69(a) to (g).The inspection team shall only conduct drilling after the ap-proval of the Executive Council in accordance with Article IV,paragraph 48. If the inspection team requests an extension ofthe inspection duration in accordance with Article IV, para-graph 49, it shall indicate in its request which of the activitiesand techniques listed in paragraph 69 it intends to carry out inorder to be able to fulfil its mandate.

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Overflights

71. The inspection team shall have the right to conduct anoverflight over the inspection area during the on-site inspec-tion for the purposes of providing the inspection team with ageneral orientation of the inspection area, narrowing downand optimizing the locations for ground-based inspection andfacilitating the collection of factual evidence, using equip-ment specified in paragraph 79.

72. The overflight shall be conducted as soon as practicallypossible. The total duration of the overflight over the inspec-tion area shall be no more than 12 hours.

73. Additional overflights using equipment specified inparagraphs 79 and 80 may be conducted subject to the agree-ment of the inspected State Party.

74. The area to be covered by overflights shall not extendbeyond the inspection area.

75. The inspected State Party shall have the right to imposerestrictions or, in exceptional cases and with reasonable jus-tification, prohibitions on the overflight of sensitive sites notrelated to the purpose of the inspection. Restrictions mayrelate to the flight altitude, the number of passes and circling,the duration of hovering, the type of aircraft, the number ofinspectors on board, and the type of measurements or obser-vations. If the inspection team considers that the restrictionsor prohibitions on the overflight of sensitive sites may impedethe fulfilment of its mandate, the inspected State Party shallmake every reasonable effort to provide alternative means ofinspection.

76. Overflights shall be conducted according to a flight planduly filed and approved in accordance with aviation rules andregulations of the inspected State Party. Flight safety regula-tions of the inspected State Party shall be strictly observedthroughout all flying operations.

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77. During overflights landing should normally be author-ized only for purposes of staging or refuelling.

78. Overflights shall be conducted at altitudes as requestedby the inspection team consistent with the activities to beconducted, visibility conditions, as well as the aviation andthe safety regulations of the inspected State Party and its rightto protect sensitive information not related to the purposes ofthe inspection. Overflights shall be conducted up to a maxi-mum altitude of 1,500 metres above the surface.

79. For the overflight conducted pursuant to paragraphs 71and 72, the following equipment may be used on board theaircraft:

(a) Field glasses;(b) Passive location-finding equipment;(c) Video cameras; and(d) Hand-held still cameras.

80. For any additional overflights conducted pursuant toparagraph 73, inspectors on board the aircraft may also useportable, easily installed equipment for:

(a) Multi-spectral (including infrared) imagery;(b) Gamma spectroscopy; and(c) Magnetic field mapping.

81. Overflights shall be conducted with a relatively slowfixed or rotary wing aircraft. The aircraft shall afford a broad,unobstructed view of the surface below.

82. The inspected State Party shall have the right to provideits own aircraft, pre-equipped as appropriate in accordancewith the technical requirements of the relevant operationalmanual, and crew. Otherwise, the aircraft shall be provided orrented by the Technical Secretariat.

83. If the aircraft is provided or rented by the TechnicalSecretariat, the inspected State Party shall have the right to

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check the aircraft to ensure that it is equipped with approvedinspection equipment. Such checking shall be completedwithin the time-frame specified in paragraph 57.

84. Personnel on board the aircraft shall consist of:(a) The minimum number of flight crew consistent

with the safe operation of the aircraft;(b) Up to four members of the inspection team;(c) Up to two representatives of the inspected State

Party;(d) An observer, if any, subject to the agreement of

the inspected State Party; and(e) An interpreter, if necessary.

85. Procedures for the implementation of overflights shallbe detailed in the Operational Manual for On-Site Inspec-tions.

Managed access86. The inspection team shall have the right to access theinspection area in accordance with the provisions of theTreaty and this Protocol.

87. The inspected State Party shall provide access withinthe inspection area in accordance with the time-frame speci-fied in paragraph 57.

88. Pursuant to Article IV, paragraph 57 and paragraph 86above, the rights and obligations of the inspected State Partyshall include:

(a) The right to take measures to protect sensitive in-stallations and locations in accordance with this Protocol;

(b) The obligation, when access is restricted withinthe inspection area, to make every reasonable effort to satisfythe requirements of the inspection mandate through alterna-tive means. Resolving any questions regarding one or more

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aspects of the inspection shall not delay or interfere with theconduct of the inspection team of other aspects of the inspec-tion; and

(c) The right to make the final decision regarding anyaccess of the inspection team, taking into account its obliga-tions under this Treaty and the provisions on managed access.

89. Pursuant to Article IV, paragraph 57(b) and para-graph 88(a) above, the inspected State Party shall have theright throughout the inspection area to take measures to pro-tect sensitive installations and locations and to prevent disclo-sure of confidential information not related to the purpose ofthe inspection. Such measures may include, inter alia:

(a) Shrouding of sensitive displays, stores, and equip-ment;

(b) Restricting measurements of radionuclide activityand nuclear radiation to determining the presence or absenceof those types and energies of radiation relevant to the pur-pose of the inspection;

(c) Restricting the taking of or analysing of samplesto determining the presence or absence of radioactive or otherproducts relevant to the purpose of the inspection;

(d) Managing access to buildings and other structuresin accordance with paragraphs 90 and 91; and

(e) Declaring restricted-access sites in accordancewith paragraphs 92 to 96.

90. Access to buildings and other structures shall be de-ferred until after the approval of the continuation of the on-site inspection in accordance with Article IV, paragraph 47,except for access to buildings and other structures housing theentrance to a mine, other excavations, or caverns of largevolume not otherwise accessible. For such buildings andstructures, the inspection team shall have the right only oftransit, as directed by the inspected State Party, in order toenter such mines, caverns or other excavations.

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91. If, following the approval of the continuation of theinspection in accordance with Article IV, paragraph 47, theinspection team demonstrates credibly to the inspected StateParty that access to buildings and other structures is necessaryto fulfil the inspection mandate and that the necessary activi-ties authorized in the mandate could not be carried out fromthe outside, the inspection team shall have the right to gainaccess to such buildings or other structures. The head of theinspection team shall request access to a specific building orstructure indicating the purpose of such access, the specificnumber of inspectors, as well as the intended activities. Themodalities for access shall be subject to negotiation betweenthe inspection team and the inspected State Party. The in-spected State Party shall have the right to impose restrictionsor, in exceptional cases and with reasonable justification,prohibitions, on the access to buildings and other structures.

92. When restricted-access sites are declared pursuant toparagraph 89(e), each such site shall be no larger than4 square kilometres. The inspected State Party has the right todeclare up to 50 square kilometres of restricted-access sites. Ifmore than one restricted-access site is declared, each such siteshall be separated from any other such site by a minimumdistance of 20 metres. Each restricted-access site shall haveclearly defined and accessible boundaries.

93. The size, location, and boundaries of restricted-accesssites shall be presented to the head of the inspection team nolater than the time that the inspection team seeks access to alocation that contains all or part of such a site.

94. The inspection team shall have the right to place equip-ment and take other steps necessary to conduct its inspectionup to the boundary of a restricted-access site.

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95. The inspection team shall be permitted to observe visu-ally all open places within the restricted-access site from theboundary of the site.

96. The inspection team shall make every reasonable effortto fulfil the inspection mandate outside the declared re-stricted-access sites prior to requesting access to such sites. Ifat any time the inspection team demonstrates credibly to theinspected State Party that the necessary activities authorizedin the mandate could not be carried out from the outside andthat access to a restricted-access site is necessary to fulfil themandate, some members of the inspection team shall begranted access to accomplish specific tasks within the site.The inspected State Party shall have the right to shroud orotherwise protect sensitive equipment, objects and materialsnot related to the purpose of the inspection. The number ofinspectors shall be kept to the minimum necessary to com-plete the tasks related to the inspection. The modalities forsuch access shall be subject to negotiation between the in-spection team and the inspected State Party.

Collection, handling and analysis of samples

97. Subject to paragraphs 86 to 96 and 98 to 100, the in-spection team shall have the right to collect and remove rele-vant samples from the inspection area.

98. Whenever possible, the inspection team shall analysesamples on-site. Representatives of the inspected State Partyshall have the right to be present when samples are analysedon-site. At the request of the inspection team, the inspectedState Party shall, in accordance with agreed procedures, pro-vide assistance for the analysis of samples on-site. The in-spection team shall have the right to transfer samples for off-site analysis at laboratories designated by the Organizationonly if it demonstrates that the necessary sample analysiscannot be performed on-site.

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99. The inspected State Party shall have the right to retainportions of all samples collected when these samples areanalysed and may take duplicate samples.

100. The inspected State Party shall have the right to re-quest that any unused samples or portions thereof be returned.

101. The designated laboratories shall conduct chemicaland physical analysis of the samples transferred for off-siteanalysis. Details of such analysis shall be elaborated in theOperational Manual for On-Site Inspections.

102. The Director-General shall have the primary responsi-bility for the security, integrity and preservation of samplesand for ensuring that the confidentiality of samples trans-ferred for off-site analysis is protected. The Director-Generalshall do so in accordance with procedures contained in theOperational Manual for On-Site Inspections. The Director-General shall, in any case:

(a) Establish a stringent regime governing the col-lection, handling, transport and analysis of samples;

(b) Certify the laboratories designated to performdifferent types of analysis;

(c) Oversee the standardization of equipment andprocedures at these designated laboratories and of mobile ana-lytical equipment and procedures;

(d) Monitor quality control and overall standards inrelation to the certification of these laboratories and in rela-tion to mobile equipment and procedures; and

(e) Select from among the designated laboratoriesthose which shall perform analytical or other functions inrelation to specific investigations.

103. When off-site analysis is to be performed, samplesshall be analysed in at least two designated laboratories. TheTechnical Secretariat shall ensure the expeditious processing

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of the analysis. The samples shall be accounted for by theTechnical Secretariat and any unused samples or portionsthereof shall be returned to the Technical Secretariat.

104. The Technical Secretariat shall compile the results ofthe laboratory analysis of samples relevant to the purpose ofthe inspection. Pursuant to Article IV, paragraph 63, the Di-rector-General shall transmit any such results promptly to theinspected State Party for comments and thereafter to theExecutive Council and to all other States Parties and shallinclude detailed information concerning the equipment andmethodology employed by the designated laboratories.

Conduct of inspections in areas beyond thejurisdiction or control of any State

105. In case of an on-site inspection in an area beyond thejurisdiction or control of any State, the Director-General shallconsult with the appropriate States Parties and agree on anytransit or basing points to facilitate a speedy arrival of theinspection team in the inspection area.

106. The States Parties on whose territory transit or basingpoints are located shall, as far as possible, assist in facilitatingthe inspection, including transporting the inspection team, itsbaggage and equipment to the inspection area, as well as pro-viding the relevant amenities specified in paragraph 11. TheOrganization shall reimburse assisting States Parties for allcosts incurred.

107. Subject to the approval of the Executive Council, theDirector-General may negotiate standing arrangements withStates Parties to facilitate assistance in the event of an on-siteinspection in an area beyond the jurisdiction or control of anyState.

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108. In cases where one or more States Parties have con-ducted an investigation of an ambiguous event in an areabeyond the jurisdiction or control of any State before a re-quest is made for an on-site inspection in that area, any re-sults of such investigation may be taken into account by theExecutive Council in its deliberations pursuant to Article IV.

Post-inspection procedures

109. Upon conclusion of the inspection, the inspectionteam shall meet with the representative of the inspected StateParty to review the preliminary findings of the inspectionteam and to clarify any ambiguities. The inspection team shallprovide the representative of the inspected State Party with itspreliminary findings in written form according to a standard-ized format, together with a list of any samples and othermaterial taken from the inspection area pursuant to para-graph 98. The document shall be signed by the head of theinspection team. In order to indicate that he or she has takennotice of the contents of the document, the representative ofthe inspected State Party shall countersign the document. Themeeting shall be completed no later than 24 hours after theconclusion of the inspection.

Departure

110. Upon completion of the post-inspection procedures,the inspection team and the observer shall leave, as soon aspossible, the territory of the inspected State Party. The in-spected State Party shall do everything in its power to provideassistance and to ensure the safe conduct of the inspectionteam, equipment and baggage to the point of exit. Unlessagreed otherwise by the inspected State Party and the inspec-tion team, the point of exit used shall be the same as the pointof entry.

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Part III. Confidence-building measures

1. Pursuant to Article IV, paragraph 68, each State Party shall,on a voluntary basis, provide the Technical Secretariat withnotification of any chemical explosion using 300 tonnes orgreater of TNT-equivalent blasting material detonated as asingle explosion anywhere on its territory, or at any place underits jurisdiction or control. If possible, such notification shall beprovided in advance. Such notification shall include details onlocation, time, quantity and type of explosive used, as well ason the configuration and intended purpose of the blast.

2. Each State Party shall, on a voluntary basis, as soon aspossible after the entry into force of this Treaty provide to theTechnical Secretariat, and at annual intervals thereafter up-date, information related to its national use of all other chemi-cal explosions greater than 300 tonnes TNT-equivalent. Inparticular, the State Party shall seek to advise:

(a) The geographic locations of sites where the explo-sions originate;

(b) The nature of activities producing them and the gen-eral profile and frequency of such explosions;

(c) Any other relevant detail, if available; and

to assist the Technical Secretariat in clarifying the origins of anysuch event detected by the International Monitoring System.

3. A State Party may, on a voluntary and mutually accept-able basis, invite representatives of the Technical Secretariator of other States Parties to visit sites within its territoryreferred to in paragraphs 1 and 2.

4. For the purpose of calibrating the International Monitor-ing System, States Parties may liaise with the Technical Sec-retariat to carry out chemical calibration explosions or toprovide relevant information on chemical explosions plannedfor other purposes.

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Tabl

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112

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117

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118 118

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119

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Annex 2 to the Protocol

List of characterization parameters for InternationalData Centre standard event screening

1. The International Data Centre standard event screeningcriteria shall be based on the standard event characterizationparameters determined during the combined processing ofdata from all the monitoring technologies in the InternationalMonitoring System. Standard event screening shall make useof both global and supplementary screening criteria to takeaccount of regional variations where applicable.

2. For events detected by the International Monitoring Sys-tem seismic component, the following parameters, inter alia,may be used:

location of the event;depth of the event;ratio of the magnitude of surface waves to body waves;signal frequency content;spectral ratios of phases;spectral scalloping;first motion of the P-wave;focal mechanism;relative excitation of seismic phases;comparative measures to other events and groups ofevents; andregional discriminants where applicable.

3. For events detected by the International Monitoring Sys-tem hydroacoustic component, the following parameters, interalia, may be used:

signal frequency content including corner frequency,wide-band energy, and mean centre frequency and band-width;

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121

frequency-dependent duration of signals;spectral ratio; andindications of bubble-pulse signals and bubble-pulse de-lay.

4. For events detected by the International Monitoring Sys-tem infrasound component, the following parameters, interalia, may be used:

signal frequency content and dispersion;signal duration; andpeak amplitude.

5. For events detected by the International Monitoring Sys-tem radionuclide component, the following parameters, interalia, may be used:

concentration of background natural and man-maderadionuclides;concentration of specific fission and activation productsoutside normal observations; andratios of one specific fission and activation product toanother.

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CTBT

/MSS

/RES/1

RESOLUTION ESTABLISHING THE PREPARATORYCOMMISSION FOR THE COMPREHENSIVE

NUCLEAR-TEST-BAN TREATY ORGANIZATION

Adopted on 19 November 1996

(New York, 19 November 1996) (CTBT/MSS/RES/1)Original: English

The States Signatories of the Comprehensive Nuclear-Test-Ban Treaty, adopted by the General Assembly at New York on10 September 1996,

Having decided to take all necessary measures to ensurethe rapid and effective establishment of the future Compre-hensive Nuclear-Test-Ban Treaty Organization,

Having decided to this end to establish a Preparatory Com-mission,

1. Approve the Text on the Establishment of a PreparatoryCommission for the Comprehensive Nuclear-Test-Ban TreatyOrganization, as annexed to the present resolution;

2. Request the Secretary-General of the United Nations,in accordance with General Assembly resolution 50/245, of10 September 1996, on the Comprehensive Nuclear-Test-BanTreaty, to provide the services required to initiate the work ofthe Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization, including the Meeting of StatesSignatories and the first session of the Preparatory Commis-sion.

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Annex

Text on the Establishment of a PreparatoryCommission for the Comprehensive Nuclear-Test-Ban

Treaty Organization

1. There is hereby established the Preparatory Commissionfor the Comprehensive Nuclear-Test-Ban Treaty Organization(hereinafter referred to as “the Commission”) for the purposeof carrying out the necessary preparations for the effectiveimplementation of the Comprehensive Nuclear-Test-BanTreaty, and for preparing for the first session of the Confer-ence of the States Parties to that Treaty.

2. The Secretary-General of the United Nations shall convenethe Commission for its first session as soon as possible, but notlater than 60 days after the Treaty has been signed by 50 States.

3. The seat of the Commission shall be at the seat of thefuture Comprehensive Nuclear-Test-Ban Treaty Organization.

4. The Commission shall be composed of all States whichsign the Treaty. Each State Signatory shall have one repre-sentative in the Commission, who may be accompanied byalternates and advisers.

5. (a) The costs of the Commission and its activities, in-cluding those of the provisional Technical Secretariat, shall bemet annually by all States Signatories, in accordance with theUnited Nations scale of assessment adjusted to take into ac-count differences between the United Nations membershipand States Signatories and timing of signature. The Commis-sion and the provisional Technical Secretariat may also bene-fit from voluntary contributions;

(b) A State Signatory which has not discharged in fullits financial obligations to the Commission within 365 daysof receipt of the request for payment shall have no vote in theCommission, until such payment is received. The Commis-

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sion may, nevertheless, permit such a member to vote if it issatisfied that the failure to pay is due to conditions beyond thecontrol of the member;

(c) The Commission shall, between the time the Treatyis opened for signature and the conclusion of the initial ses-sion of the Conference of the States Parties, use funds pro-vided by the States Signatories to meet the necessary costsarising from its functions and purposes, including the capitalinvestments and operating and maintenance costs to establishand, pending their formal commissioning, to operate provi-sionally as necessary the International Data Centre and theInternational Monitoring System networks provided for in theTreaty. The funding by the Commission shall be regulated inaccordance with the provisions of the Comprehensive Nu-clear-Test-Ban Treaty, adjusted to take into account the or-ganizational differences between the Comprehensive Nuclear-Test-Ban Treaty Organization and the Commission. ThePreparatory Commission shall develop the funding proce-dures in cases not covered by the Treaty.

6. All decisions of the Commission should be taken by con-sensus. If, notwithstanding the efforts of representatives toachieve consensus, an issue comes up for voting, the Chair-man of the Commission shall defer the vote for 24 hours andduring this period of deferment shall make every effort tofacilitate achievement of consensus, and shall report to theCommission before the end of the period. If consensus is notpossible at the end of 24 hours, the Commission shall takedecisions on questions of procedure by a simple majority ofthe members present and voting. Decisions on matters of sub-stance shall be taken by a two-thirds majority of the memberspresent and voting. When the issue arises as to whether thequestion is one of substance or not, that question shall betreated as a matter of substance unless otherwise decided bythe Commission by the majority required for decisions onmatters of substance.

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7. The Commission shall have standing as an internationalorganization, authority to negotiate and enter into agreements,and such other legal capacity as necessary for the exercise ofits functions and the fulfilment of its purposes.

8. The Commission shall:(a) Elect its Chairman and other officers, adopt its rules

of procedure, meet as often as necessary and establish suchcommittees as it deems useful;

(b) Appoint its Executive Secretary;(c) Establish a provisional Technical Secretariat to as-

sist the Commission in its activity and to exercise such func-tions as the Commission may determine, and appoint thenecessary staff in accordance with the principles establishedfor the staff of the Technical Secretariat pursuant to article II,paragraph 50, of the Treaty. Only nationals of States Signato-ries shall be appointed to the provisional Technical Secre-tariat;

(d) Establish administrative and financial regulations inrespect of its own expenditure and accounts, providing for,inter alia:

(i) Proper financial control and accounting bythe Commission;

(ii) Preparation and approval of periodic finan-cial statements by the Commission;

(iii) Independent audit of the Commission’s fi-nancial statements;

(iv) Annual presentation of the audited financialstatements to a regular session of the ple-nary of the States Signatories for formalacceptance.

9. The Commission shall make arrangements for the initialsession of the Conference of the States Parties, including thepreparation of a draft agenda and draft rules of procedure.

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10. The Commission shall undertake, inter alia, the follow-ing tasks concerning the organization and work of the Tech-nical Secretariat and requiring immediate attention after theentry into force of the Treaty:

(a) Elaboration of a detailed staffing pattern of theTechnical Secretariat, including delegation of authority andthe process of decision-making;

(b) Assessments of personnel requirements;(c) Development of staff rules for recruitment and

service conditions;(d) Recruitment and training of technical personnel

and support staff;(e) Organization of office and administrative services.

11. The Commission shall undertake, inter alia, the follow-ing tasks on matters of the Organization requiring immediateattention after the entry into force of the Treaty:

(a) Preparation of programme of work and budget ofthe first year of activities of the Organization;

(b) Preparation of detailed budgetary provisions forthe Organization;

(c) Preparation of the scale of financial contributionsto the Organization;

(d) Preparation of administrative and financial regula-tions for the Organization providing for, inter alia:

(i) Proper financial control and accounting bythe Organization;

(ii) Preparation and approval of periodic finan-cial statements by the Organization;

(iii) Independent audit of the Organization’s fi-nancial statements;

(iv) Annual presentation of the audited financialstatements to a regular session of the Con-ference of the States Parties for formal ac-ceptance;

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(e) Development of arrangements to facilitate thedesignation and election in accordance with article II, para-graph 29 of the Treaty for the first election of the ExecutiveCouncil.

12. The Commission shall develop, inter alia, the followingdraft agreements, arrangements and guidelines for approvalby the Conference of the States Parties in accordance with theTreaty and Protocol:

(a) Standard model agreements or arrangements,where relevant, to be concluded by the future Organizationwith States Parties, other States and international organiza-tions;

(b) Agreements or arrangements negotiated in accord-ance with the above models by the provisional Technical Sec-retariat with relevant States, in particular with those prospec-tively hosting or otherwise taking responsibility forInternational Monitoring System facilities;

(c) The Headquarters Agreement with the Host Coun-try pursuant to article II, paragraph 56, of the Treaty.

13. The Commission shall undertake all necessary prepara-tions to ensure the operationalization of the Treaty’s verifica-tion regime at entry into force, pursuant to article IV, para-graph 1, and shall develop appropriate procedures for itsoperation, presenting a report on the operational readiness ofthe regime, together with any relevant recommendations, tothe initial session of the Conference of the States Parties.

14. The Commission shall supervise and coordinate, in ful-filling the requirements of the Treaty and its Protocol, thedevelopment, preparation, technical testing and, pending theirformal commissioning, provisional operation as necessary ofthe International Data Centre and the International Monitor-ing System, together with assuring appropriate support of theSystem by certified laboratory facilities and by respectivemeans of communication. Inter alia, the Commission shall:

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(a) At its second plenary session, taking into consid-eration all relevant reports, including those prepared in thecourse of the CTBT negotiation and by the Conference onDisarmament’s Group of Scientific Experts:

(i) Establish an initial plan for the progressivecommissioning of the International DataCentre and the International MonitoringSystem, and for the implementation of re-lated responsibilities;

(ii) Assume responsibility for relevant technicaltests, including the work begun under theGroup of Scientific Experts’ Technical Test3, and for the development and manage-ment of any arrangements required to pro-vide an uninterrupted transition from suchtechnical tests to the future InternationalMonitoring System;

(iii) Constitute appropriate structures for theregular provision to the Commission of ex-pert and integrated technical advice onmonitoring, data communications andanalysis issues, and for technical supervi-sion of International Monitoring Systemand International Data Centre implementa-tion;

(b) Develop in accordance with the Treaty and Proto-col, and prepare for adoption by the initial session of theConference of the States Parties, operational manuals for:

(i) Seismological Monitoring;(ii) Radionuclide Monitoring;

(iii) Hydroacoustic Monitoring;(iv) Infrasound Monitoring; and(v) The International Data Centre.

15. The Commission shall make all necessary preparations,in fulfilling the requirements of the Treaty and its Protocol,

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for the support of on-site inspections from the entry into forceof the Treaty. It shall, inter alia:

(a) Develop and prepare for the approval of the initialsession of the Conference of the States Parties:

(i) An operational manual containing all ap-propriate legal, technical and administrativeprocedures; and

(ii) A list of equipment for use during on-siteinspections;

(b) Develop a programme for the training of inspec-tors; and

(c) Acquire or otherwise make provision for the avail-ability of relevant inspection equipment, including communi-cations equipment, and conduct technical tests of such equip-ment as necessary.

16. The Commission shall develop guidelines and reportingformats for the implementation of confidence-building meas-ures.

17. An indicative list of verification tasks to be carried outby the Preparatory Commission, as specified in para-graphs 12 to 16, is attached as the appendix to the presenttext.

18. The Commission shall:(a) Facilitate the exchange of information between

States Signatories concerning legal and administrative meas-ures for the implementation of the Treaty and, if requested byStates Signatories, give advice and assistance to them onthese matters;

(b) Follow the ratification process and, if requestedby States Signatories, provide them with legal and technicalinformation and advice about the Treaty in order to facilitateits ratification process; and

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(c) Prepare such studies, reports and records as itdeems necessary.

19. The Commission shall prepare a final report on allmatters within its mandate for the first session of the Confer-ence of the States Parties.

20. Rights and assets, financial and other obligations andfunctions of the Commission shall be transferred to the Or-ganization at the first session of the Conference of the StatesParties. The Commission shall make recommendations to theConference of the States Parties on this matter, including oneffecting a smooth transition.

21. The Commission shall remain in existence until the con-clusion of the first session of the Conference of the StatesParties.

22. The Commission as an international organization, itsstaff, as well as the delegates of the States Signatories shallbe accorded by the Host Country such legal status, privilegesand immunities as are necessary for the independent exerciseof their functions in connection with the Commission and thefulfilment of its object and purpose.

Appendix

Indicative list of verification tasks of the PreparatoryCommission

The following indicative list is illustrative of the verifica-tion-related tasks the Preparatory Commission might need toundertake in implementing the relevant provisions of theTreaty and of the resolution establishing the Commission.

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Preparatory Commission Text paragraph 12:Draft agreements, arrangements and guidelines

In addition to those items mentioned in the illustrative andexplicitly non-exhaustive listing contained in paragraph 12,the following tasks might also be necessary:

Procedures for the conduct of consultation and clarificationincluding for use of data from cooperating national facili-ties if agreed (article IV, paragraphs 27 and 28, and para-graphs 29 to 33, of the Treaty);

Procedures for the Technical Secretariat’s monitoring, as-sessment and reporting on the overall performance of theIMS and the IDC (article IV, paragraph 14(l), of theTreaty);

Guidelines for CTBT Organization funding of IMS andOSI activities, including for funding of IMS operationaland maintenance costs, and for recognition of credit againstassessed contributions if agreed (article IV, paragraphs 19to 22, of the Treaty);

Confidentiality procedures (article II, paragraph 7 and arti-cle IV, paragraph 8, of the Treaty).

For those items already specifically listed under paragraph12, it is envisaged that verification agreements or arrange-ments (either generic model agreements or arrangements, orthe draft agreements or arrangements negotiated with Statesin accordance with these models) would include, pursuant topart I, section A, of the Protocol to the Treaty:

Procedures for specifying a particular State’s acceptancepursuant to the CTBT of responsibility for particular moni-toring facilities;

Responsibilities for operation, maintenance and upgradingin accordance with the Operational Manuals;

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Procedures to be followed in establishment of new or up-grading of existing facilities, or for more substantivechanges to IMS facilities;Procedures for temporary arrangements which might apply(article IV, paragraph 26 of the Treaty);Provisions for funding IMS activities and data transmission(article IV, paragraph 22, of the Treaty);Assistance to the Organization in inspecting an area beyondthe jurisdiction or control of any State (part II, paragraph107, of the Protocol to the Treaty); orAvailability of OSI equipment from a State Party, and forthe maintenance and calibration of such equipment (part II,paragraph 40, of the Protocol to the Treaty).

Preparatory Commission Text paragraph 13:Preparatory Commission verification regime responsibilities

The report referred to in this paragraph reflects a negotiatingunderstanding that the task of compiling such a report – im-plicit in article II, paragraph 26(h), of the Treaty – would beexplicitly mentioned in the resolution establishing the Prepara-tory Commission. The report and associated recommendationsfrom the Commission will be essential prerequisites for theinitial Conference of States Parties to take the steps necessaryto formalize the establishment of the IMS and other elementsof the Treaty’s verification regime. The Preparatory Commis-sion would as a consequence need, inter alia, to:

Develop recommendations for any changes to the IMS fa-cility lists which experience during the Preparatory Com-mission may dictate be put to the initial Conference of theStates Parties; andAgree on related recommendations, including where rele-vant recommendations relating to the deployment of par-ticular technologies and aspects thereof such as noble gas(part I, paragraph 10, of the Protocol to the Treaty).

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Preparatory Commission Text paragraph 14:Preparatory Commission IMS preparation responsibilities

This chapeau includes, inter alia, references to the respon-sibility of the Preparatory Commission for families of tasksrelated to:

The establishment of international communications chan-nels for the transmission and receipt of IMS data andreporting products (article IV, paragraph 14(a), of theTreaty); and

Developing procedures and a formal basis for the provi-sional operation and funding of the provisional IMS.

Preparatory Commission Text paragraph 14(b):development of Operational Manuals

Drafts of all Operational Manuals, approved by the Pre-paratory Commission, are required to be adopted by the initialConference of the States Parties (article II, para-graph 26(h), of the Treaty). The compilation of the Opera-tional Manual for each monitoring technology will require thePreparatory Commission to develop, spell out and approve allnecessary technical and operational detail required to ensurethe effective operation of the International Monitoring Sys-tem, inter alia:

The technical specifications and operational requirementsfor the relevant facilities in each global monitoring network(part I, paragraphs 2, 7, 8, 10, 11, 13 and 15, of the Pro-tocol to the Treaty);

Procedures for the provision of data to the IDC, includingtransmission formats and modalities (part I, paragraphs 6,8, 9, 12 and 14 of the Protocol to the Treaty);

Procedures for facility security and for data authentication(part I, paragraph 4, of the Protocol to the Treaty);

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Procedures for checking of monitoring facility equipmentand communications links by the Technical Secretariat, andfor facility certification (including for cooperating nationalfacilities and for their designation as such)(article IV, paragraphs 27 and 28, of the Treaty and part I,paragraph 4, of the Protocol to the Treaty).

Preparatory Commission Text paragraph 14(b)(ii):Operational Manual for Radionuclide Monitoring

In addition to the generic points listed above, the Opera-tional Manual for Radionuclide Monitoring will require thePreparatory Commission to develop:

Procedures for the processing and handling of samples ofassociated data flowing from monitoring facilities (part I,paragraph 11, of the Protocol to the Treaty);

Specifications and procedures for the certification and on-going calibration of laboratories used by the CTBTO insupport of the radionuclide monitoring network (part I,paragraph 11, of the Protocol to the Treaty);

Special procedures for the transmission of samples to cer-tified laboratories, for additional analysis, and for theirstorage or archiving as appropriate (part I, paragraph 11, ofthe Protocol to the Treaty);

Procedures for the integration of relevant meteorologicaldata if appropriate (part I, paragraph 9, of the Protocol tothe Treaty); and

Guidelines for the striking of contracts with specific certi-fied laboratories to provide for fee-for-service analysis ofsamples (part I, paragraph 11, of the Protocol to theTreaty).

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Preparatory Commission Text paragraph 14(b)(iii):Operational Manual for Hydroacoustic Monitoring

In addition to generic points listed above, in order to pre-pare the Operational Manual for Hydroacoustic Monitoring,the Preparatory Commission will need to:

Develop the different technical specifications and opera-tional requirements for the two different types of facilitiesenvisaged (hydrophone stations and T-phase stations)(part I, paragraph 13 of the Protocol to the Treaty);

Develop procedures for the storage or archiving IMS dataat the monitoring station if so decided.

Preparatory Commission Text paragraph 14(b)(v):Operational Manual for the International Data Centre

In developing the Operational Manual for the InternationalData Centre and producing its content, the Preparatory Com-mission will need to:

Develop the procedures to be used by the IDC in receiving,collecting, processing, analysing, reporting on and archiv-ing data from the IMS, and for carrying out its agreedfunctions, in particular for the production of standard re-porting products and for the performance of the standardrange of services to be offered to States Parties (part I,paragraphs 16 and 17, of the Protocol to the Treaty andpassim);

In this context, it will need to give special attention todeveloping:

Agreed standard event screening criteria and related opera-tional procedures and formats in accordance with Protocolprovisions (part I, paragraphs 17 and 18(b) of, and annex 2to the Protocol to the Treaty);

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Agreed formats and procedures for assisting States Partieswith expert technical analysis (part I, paragraph 20(c), ofthe Protocol to the Treaty);

Specification of the volumes and formats of data services tobe provided by the IDC to States Parties at no cost (part I,paragraph 20, of the Protocol to the Treaty), and proceduresfor the recovery of costs from States Parties requestingproducts or services in excess of these specifications;

Guidelines for the establishment of national event screen-ing procedures (part I, paragraph 21, of the Protocol to theTreaty);

Procedures for the provision of technical assistance to in-dividual States Parties (part I, paragraph 22, of the Protocolto the Treaty); and

Procedures for monitoring and reporting on the operationalstatus of the International Monitoring System (part I, para-graph 23, of the Protocol to the Treaty).

Preparatory Commission Text paragraph 15:On-Site Inspection

The Treaty and Protocol text are separately explicit that theOperational Manual for OSI and the list of approved inspec-tion equipment must be approved by the Conference of theStates Parties at its initial session (part II, paragraph 13, ofthe Protocol to the Treaty, article II, paragraph 26(h), of theTreaty and part II, paragraph 36, of the Protocol to theTreaty).

In order to compile the Operational Manual for OSI, thePreparatory Commission will in all likelihood need to de-velop or consider, inter alia:

Procedures and formats for the nomination and designationof inspectors and inspection assistants (part II, paragraphs14 to 25, of the Protocol to the Treaty);

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Procedures for the training and qualification of inspectors;

Procedures and formats for designating, recording and con-sulting on points of entry (part II, paragraphs 32 to 34, ofthe Protocol to the Treaty);

Procedures for use of non-scheduled aircraft and agreementon routings (part II, paragraph 35, of the Protocol to theTreaty);

A list of core and auxiliary inspection equipment and de-tailed specifications therefor; procedures for documenta-tion, and sealing to authenticate certification of inspectionequipment; and procedures to calibrate, maintain, protectand retain custody over the approved inspection equipment(part II, paragraphs 36 to 40, of the Protocol to the Treaty);

Formats and communications procedures for OSI requests,mandates and notifications, and procedures for drawing upthe inspection mandate (part II, paragraphs 35 and 41 to 43,of the Protocol to the Treaty);

Procedures for the reimbursement of inspected State Partycosts associated with OSI (including for the itemization ofexpenses and of payments) and for other administrative ar-rangements (part II, paragraphs 11 to 13, of the Protocol tothe Treaty);

Procedures for the checking, and if necessary, storing ofinspection equipment at point of entry (part II, paragraph51, of the Protocol to the Treaty);

Procedures covering OSI team safety and health, and con-fidentiality issues (part II, paragraph 60(h), of the Protocolto the Treaty);

Procedures related to the implementation of the inspectedStates Parties’ rights during the OSI (part II, paragraph 61,of the Protocol to the Treaty);

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Procedures for communications by the inspection team, in-cluding for the due approval and certification of communi-cations equipment (part II, paragraph 62, of the Protocol tothe Treaty);

Procedures for participation of observers (nominations, ac-ceptance, non-acceptance, and notifications) (article IV,paragraph 61, of the Treaty and part II, paragraphs 63 to68, of the Protocol to the Treaty);

Procedures for implementation of inspection activities andtechniques in the conduct of an OSI (part II, paragraphs 69and 70, of the Protocol to the Treaty);

Procedures for overflights and the use of inspection equip-ment during overflights (part II, paragraphs 71 to 85, of theProtocol to the Treaty);

Procedures for the collection, handling and analysis ofsamples as per the requirements of the Treaty, includingrelevant scientific criteria and guidelines (part I, paragraphs97 to 104, of the Protocol to the Treaty);

Procedures for the certification of laboratories designatedto perform different types of OSI-related analysis (part II,paragraph 102, of the Protocol to the Treaty);

Procedures for inspection of areas beyond the jurisdictionor control of any State (part II, paragraphs 105 to 108, ofthe Protocol to the Treaty); and

Formats for OSI team’s preliminary findings report (part II,paragraph 109, of the Protocol to the Treaty) and formatsand procedures for handling the inspection report (article IV,paragraphs 62 to 64, of the Treaty);

Procedures for storing and handling the OSI data and sam-ples after the completion of the inspection.

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