the comprehensive test ban treaty

8/7/2019 The Comprehensive Test Ban Treaty

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The Comprehensive Test Ban Treaty

Preamble

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

Welcoming the international agreements and other positive measures of recent years inthe field of nuclear disarmament, including reductions in arsenals of nuclear weapons, as

well as in the field of the prevention of nuclear proliferation in all its aspects,

Underlining the importance of the full and prompt implementation of such agreements

and measures,

onvinced that the present international situation provides an opportunity to ta!e further

effective measures towards nuclear disarmament and against the proliferation of nuclear

weapons in all its aspects, and declaring their intention to ta!e such measures,

Stressing therefore the need for continued systematic and progressive efforts to reducenuclear weapons globally, with the ultimate goal of eliminating those weapons, and of

general and complete disarmament under strict and effective international control,

ecogni#ing that the cessation of all nuclear weapon test e$plosions and all other nuclear

Printer %riendly

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Protocol to T'T

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omprehensive Test 'an Treaty, ocuments

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&lsos igital *ibrary for +uclear ssues

e$plosions, by constraining the development and -ualitative improvement of nuclear

weapons and ending the development of advanced new types of nuclear weapons,
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constitutes an effective measure of nuclear disarmament and non.proliferation in all its

aspects,

%urther recogni#ing that an end to all such nuclear e$plosions will thus constitute ameaningful step in the reali#ation of a systematic process to achieve nuclear

disarmament,

onvinced that the most effective way to achieve an end to nuclear testing is through the

conclusion of a universal and internationally and effectively verifiable comprehensivenuclear test.ban treaty, which has long been one of the highest priority ob/ectives of the

international community in the field of disarmament and non.proliferation,

+oting the aspirations e$pressed by the Parties to the 0123 Treaty 'anning +uclear

Weapon Tests in the &tmosphere, in 4uter Space and Under Water to see! to achieve thediscontinuance of all test e$plosions of nuclear weapons for all time,

+oting also the views e$pressed that this Treaty could contribute to the protection of theenvironment,

&ffirming the purpose of attracting the adherence of all States to this Treaty and itsob/ective to contribute effectively to the prevention of the proliferation of nuclear

weapons in all its aspects, to the process of nuclear disarmament and therefore to the

enhancement of international peace and security,

5ave agreed as follows6

&rticle

'asic 4bligations

07 8ach State Party underta!es not to carry out any nuclear weapon test e$plosion or any

other nuclear e$plosion, and to prohibit and prevent any such nuclear e$plosion at any

place under its /urisdiction or control7

97 8ach State Party underta!es, furthermore, to refrain from causing, encouraging, or inany way participating in the carrying out of any nuclear weapon test e$plosion or any

other nuclear e$plosion7

&rticle

The 4rgani#ation

&7 :eneral Provisions

07 The States Parties hereby establish the omprehensive +uclear Test.'an Treaty

4rgani#ation (hereinafter referred to as "the 4rgani#ation") to achieve the ob/ect and


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purpose of this Treaty, to ensure the implementation of its provisions, including those for

international verification of compliance with it, and to provide a forum for consultation

and cooperation among States Parties7

97 &ll States Parties shall be members of the 4rgani#ation7 & State Party shall not be

deprived of its membership in the 4rgani#ation7

37 The seat of the 4rgani#ation shall be ;ienna, epublic of &ustria7

7 8ach State Party shall treat as confidential and afford special handling to informationand data that it receives in confidence from the 4rgani#ation in connection with the

implementation of this Treaty7 t shall treat such information and data e$clusively in

connection with its rights and obligations under this Treaty7

?7 The 4rgani#ation, as an independent body, shall see! to utili#e e$isting e$pertise and

facilities, as appropriate, and to ma$imi#e cost efficiencies, through cooperative

arrangements with other international organi#ations such as the international &tomic

8nergy &gency7 Such arrangements, e$cluding those of a minor and normal commercialand contractual nature, shall be set out in agreements to be submitted to the onference

of the States Parties for approval7

17 The costs of the activities of the 4rgani#ation shall be met annually by the States

Parties in accordance with the United +ations scale of assessments ad/usted to ta!e intoaccount differences in membership between the United +ations and the 4rgani#ation7

0@7 %inancial contributions of States Parties to the Preparatory ommission shall be

deducted in an appropriate way from their contributions to the regular budget7


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007 & member of the 4rgani#ation which is in arrears in the payment of its assessed

contribution to the 4rgani#ation shall have no vote in the 4rgani#ation if the amount of

its arrears e-uals or e$ceeds the amount of the contribution due from it for the precedingtwo full years7 The onference of the States Parties may, nevertheless, permit such a

member to vote if it is satisfied that the failure to pay is due to conditions beyond the

control of the member7

'7 The onference of the States Parties

omposition, Procedures and ecision.ma!ing

097 The onference of the States Parties (hereinafter referred to as "the onference")

shall be composed of all States Parties7 8ach State Party shall have one representative in

the onference, who may be accompanied by alternates and advisers7

037 The initial session of the onference shall be convened by the epositary no later

than 3@ days after the entry into force of this Treaty7

07 The onference may also be convened in the form of a eview onference, inaccordance with &rticle ;7

0?7 Sessions shall ta!e place at the seat of the 4rgani#ation unless the onference decides

otherwise7

017 The onference shall adopt its rules of procedure7 &t the beginning of each session, itshall elect its President and such other officers as may be re-uired7 They shall hold office

until a new President and other officers are elected at the ne$t session7

9@7 & ma/ority of the States Parties shall constitute a -uorum7


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907 8ach State Party shall have one vote7

997 The onference shall ta!e decisions on matters of procedure by a ma/ority of

members present and voting7 ecisions on matters of substance shall be ta!en as far aspossible by consensus7 f consensus is not attainable when an issue comes up for

decision, the President of the onference shall defer any vote for 9< hours and during thisperiod of deferment shall ma!e every effort to facilitate achievement of consensus, and

shall report to the onference before the end of this period7 f consensus is not possible atthe end of 9< hours, the onference shall ta!e a decision by a two.thirds ma/ority of

members present and voting unless specified otherwise in this Treaty7 When the issue

arises as to whether the -uestion is one of substance or not, that -uestion shall be treatedas a matter of substance unless otherwise decided by the ma/ority re-uired for decisions

on matters of substance7

937 When e$ercising its function under paragraph 92 (!), the onference shall ta!e a

decision to add any State to the list of States contained in &nne$ 0 to this Treaty in

accordance with the procedure for decisions on matters of substance set out in paragraph997 +otwithstanding paragraph 99, the onference shall ta!e decisions on any other

change to &nne$ 0 to this Treaty by consensus7

Powers and %unctions

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(d) &ppoint the irector.:eneral of the Technical Secretariat (hereinafter referred to as

"the irector.:eneral")A

(e) onsider and approve the rules of procedure of the 8$ecutive ouncil submitted bythe latterA

(f) onsider and review scientific and technological developments that could affect the

operation of this Treaty7 n this conte$t, the onference may direct the irector.:eneral

to establish a Scientific &dvisory 'oard to enable him or her, in the performance of his orher functions, to render speciali#ed advice in areas of science and technology relevant to

this Treaty to the onference, to the 8$ecutive ouncil, or to States Parties7 n that case,

the Scientific &dvisory 'oard shall be composed of independent e$perts serving in theirindividual capacity and appointed, in accordance with terms of reference adopted by the

onference, on the basis of their e$pertise and e$perience in the particular scientific

fields relevant to the implementation of this TreatyA

(g) Ta!e the necessary measures to ensure compliance with this Treaty and to redress andremedy any situation that contravenes the provisions of this Treaty, in accordance with

&rticle ;A

(h) onsider and approve at its initial session any draft agreements, arrangements,

provisions, procedures, operational manuals, guidelines and any other documentsdeveloped and recommended by the Preparatory ommissionA

(i) onsider and approve agreements or arrangements negotiated by the Technical

Secretariat with States Parties, other States and international organi#ations to be

concluded by the 8$ecutive ouncil on behalf of the 4rgani#ation in accordance with

paragraph 3? (h)A

(/) 8stablish such subsidiary organs as it finds necessary for the e$ercise of its functions

in accordance with this TreatyA and

(!) Update &nne$ 0 to this Treaty, as appropriate, in accordance with paragraph 937

7 The 8$ecutive ouncil

omposition, Procedures and ecision.ma!ing

9>7 The 8$ecutive ouncil shall consist of =0 members7 8ach State Party shall have theright, in accordance with the provisions of this &rticle, to serve on the 8$ecutive ouncil7

9?7 Ta!ing into account the need for e-uitable geographical distribution, the 8$ecutive

ouncil shall comprise6

(a) Ten States Parties from &fricaA

(b) Seven States Parties from 8astern 8uropeA


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(c) +ine States Parties from *atin &merica and the aribbeanA

(d) Seven States Parties from the iddle 8ast and South &siaA

(e) Ten States Parties from +orth &merica and Western 8uropeA and(f) 8ight States Parties from South.8ast &sia, the Pacific and the %ar 8ast7

&ll States in each of the above geographical regions are listed in &nne$ 0 to this Treaty7&nne$ 0 to this Treaty shall be updated, as appropriate, by the onference in accordance

with paragraphs 93 and 92 (!)7 t shall not be sub/ect to amendments or changes under theprocedures contained in &rticle ;7

917 The members of the 8$ecutive ouncil shall be elected by the onference7 n this

connection, each geographical region shall designate States Parties from that region forelection as members of the 8$ecutive ouncil as follows6

(a) &t least one.third of the seats allocated to each geographical region shall be filled,

ta!ing into account political and security interests, by States Parties in that region

designated on the basis of the nuclear capabilities relevant to the Treaty as determined byinternational data as well as all or any of the following indicative criteria in the order of

priority determined by each region6

(i) +umber of monitoring facilities of the nternational onitoring SystemA

(ii) 8$pertise and e$perience in monitoring technologyA and(iii) ontribution to the annual budget of the 4rgani#ationA

(b) 4ne of the seats allocated to each geographical region shall be filled on a rotational

basis by the State Party that is first in the 8nglish alphabetical order among the States

Parties in that region that have not served as members of the 8$ecutive ouncil for the

longest period of time since becoming States Parties or since their last term, whichever isshorter7 & State Party designated on this basis may decide to forgo its seat7 n that case,

such a State Party shall submit a letter of renunciation to the irector.:eneral, and theseat shall be filled by the State Party following ne$t.in.order according to this sub.

paragraphA and

(c) The remaining seats allocated to each geographical region shall be filled by States

Parties designated from among all the States Parties in that region by rotation orelections7

3@7 8ach member of the 8$ecutive ouncil shall have one representative on the

8$ecutive ouncil, who may be accompanied by alternates and advisers7

307 8ach member of the 8$ecutive ouncil shall hold office from the end of the session

of the onference at which that member is elected until the end of the second regularannual session of the onference thereafter, e$cept that for the first election of the

8$ecutive ouncil, 92 members shall be elected to hold office until the end of the third

regular annual session of the onference, due regard being paid to the establishednumerical proportions as described in paragraph 9?7


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397 The 8$ecutive ouncil shall elaborate its rules of procedure and submit them to the

onference for approval7

337 The 8$ecutive ouncil shall elect its hairman from among its members7

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(g) 8$amine proposals for changes, on matters of an administrative or technical nature, to

the Protocol or the &nne$es thereto, pursuant to &rticle ;, and ma!e recommendations

to the States Parties regarding their adoptionA

(h) onclude, sub/ect to prior approval of the onference, agreements or arrangements

with States Parties, other States and international organi#ations on behalf of the4rgani#ation and supervise their implementation, with the e$ception of agreements or

arrangements referred to in sub.paragraph (i)A

(i) &pprove and supervise the operation of agreements or arrangements relating to the

implementation of verification activities with States Parties and other StatesA and

(/) &pprove any new operational manuals and any changes to the e$isting operational

manuals that may be proposed by the Technical Secretariat7

317 The 8$ecutive ouncil may re-uest a special session of the onference7


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Technical Secretariat7 The paramount consideration in the employment of the staff and in

the determination of the conditions of service shall be the necessity of securing the

highest standards of professional e$pertise, e$perience, efficiency, competence andintegrity7 4nly citi#ens of States Parties shall serve as the irector.:eneral, as inspectors

or as members of the professional and clerical staff7 ue regard shall be paid to the

importance of recruiting the staff on as wide a geographical basis as possible7ecruitment shall be guided by the principle that the staff shall be !ept to the minimum

necessary for the proper discharge of the responsibilities of the Technical Secretariat7

=07 The irector.:eneral may, as appropriate, after consultation with the 8$ecutive

ouncil, establish temporary wor!ing groups of scientific e$perts to providerecommendations on specific issues7

=97 n the performance of their duties, the irector.:eneral, the inspectors, the inspection

assistants and the members of the staff shall not see! or receive instructions from any

:overnment or from any other source e$ternal to the 4rgani#ation7 They shall refrain

from any action that might reflect adversely on their positions as international officersresponsible only to the 4rgani#ation7 The irector.:eneral shall assume responsibility

for the activities of an inspection team7

=37 8ach State Party shall respect the e$clusively international character of theresponsibilities of the irector.:eneral, the inspectors, the inspection assistants and the

members of the staff and shall not see! to influence them in the discharge of their

responsibilities7

87 Privileges and mmunities

=7 +otwithstanding

paragraphs =< and ==, the privileges and immunities en/oyed by the irector.:eneral, theinspectors, the inspection assistants and the members of the staff of the Technical

Secretariat during the conduct of verification activities shall be those set forth in the

Protocol7

&rticle


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+ational mplementation easures 07 8ach State Party shall, in accordance with its

constitutional processes, ta!e any necessary measures to implement its obligations under

this Treaty7 n particular, it shall ta!e any necessary measures

(a) To prohibit natural and legal persons anywhere on its territory or in any other place

under its /urisdiction as recogni#ed by international law from underta!ing any activityprohibited to a State Party under this TreatyA

(b) To prohibit natural and legal persons from underta!ing any such activity anywhereunder its controlA and

(c) To prohibit, in conformity with international law, natural persons possessing its

nationality from underta!ing any such activity anywhere7

97 8ach State Party shall cooperate with other States Parties and afford the appropriate

form of legal assistance to facilitate the implementation of the obligations under

paragraph 07

37 8ach State Party shall inform the 4rgani#ation of the measures ta!en pursuant to this

&rticle7


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their ob/ectives7 8ach State Party shall refrain from any abuse of the right of verification7

37 8ach State Party underta!es in accordance with this Treaty to cooperate, through its

+ational &uthority established pursuant to &rticle , paragraph


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such technologies for peaceful purposes7 037 The provisions of this Treaty shall be

implemented in a manner which avoids hampering the economic and technological

development of the States Parties for further development of the application of atomicenergy for peaceful purposes7

;erification esponsibilities of the Technical Secretariat 0, and with paragraphs

? and 03 of this &rticleA

(f) Provide to all States Parties e-ual, open, convenient and timely access to all storeddataA

(g) Store all data, both raw and processed, and reporting productsA

(h) oordinate and facilitate re-uests for additional data from the nternationalonitoring SystemA


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(i) oordinate re-uests for additional data from one State Party to another State PartyA

(/) Provide technical assistance in, and support for, the installation and operation of

monitoring facilities and respective communication means, where such assistance andsupport are re-uired by the State concernedA

(!) a!e available to any State Party, upon its re-uest, techni-ues utili#ed by the

Technical Secretariat and its nternational ata entre in compiling, storing, processing,

analysing and reporting on data from the verification regimeA and

(l) onitor, assess and report on the overall performance of the nternational onitoringSystem and of the nternational ata entre7 0

=7 The agreed procedures to be used by the Technical Secretariat in discharging the

verification responsibilities referred to in paragraph 0< and detailed in the Protocol shall

be elaborated in the relevant operational manuals7

'7 The nternational onitoring System 027 The nternational onitoring System shall

comprise facilities for seismological monitoring, radionuclide monitoring including

certified laboratories, hydroacoustic monitoring, infrasound monitoring, and respectivemeans of communication, and shall be supported by the nternational ata entre of the

Technical Secretariat7

0>7 The nternational onitoring System shall be placed under the authority of the

Technical Secretariat7 &ll monitoring facilities of the nternational onitoring Systemshall be owned and operated by the States hosting or otherwise ta!ing responsibility for

them in accordance with the Protocol7 0?7 8ach State Party shall have the right to

participate in the international e$change of data and to have access to all data madeavailable to the nternational ata entre7 8ach State Party shall cooperate with thenternational ata entre through its +ational &uthority7

%unding the nternational onitoring System 017 %or facilities incorporated into the

nternational onitoring System and specified in Tables 0.&, 9.&, 3 and < of &nne$ 0 tothe Protocol, and for their functioning, to the e$tent that such facilities are agreed by the

relevant State and the 4rgani#ation to provide data to the nternational ata entre in

accordance with the technical re-uirements of the Protocol and relevant operational

manuals, the 4rgani#ation, as specified in agreements or arrangements pursuant to Part ,paragraph < of the Protocol, shall meet the costs of6

(a) 8stablishing any new facilities and upgrading e$isting facilities, unless the State

responsible for such facilities meets these costs itselfA

(b) 4perating and maintaining nternational onitoring System facilities, includingfacility physical security if appropriate, and application of agreed data authentication

proceduresA


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(c) Transmitting nternational onitoring System data (raw or processed) to the

nternational ata entre by the most direct and cost.effective means available,

including, if necessary, via appropriate communications nodes, from monitoring stations,laboratories, analytical facilities or from national data centresA or such data (including

samples where appropriate) to laboratory and analytical facilities from monitoring

stationsA and

(d) &nalysing samples on behalf of the 4rgani#ation7

9@7 %or au$iliary networ! seismic stations specified in Table 0.' of &nne$ 0 to the

Protocol the 4rgani#ation, as specified in agreements or arrangements pursuant to Part ,

paragraph < of the Protocol, shall meet the costs only of6

(a) Transmitting data to the nternational ata entreA

(b) &uthenticating data from such stationsA

(c) Upgrading stations to the re-uired technical standard, unless the State responsible for

such facilities meets these costs itselfA

(d) f necessary, establishing new stations for the purposes of this Treaty where no

appropriate facilities currently e$ist, unless the State responsible for such facilities meetsthese costs itselfA and

(e) &ny other costs related to the provision of data re-uired by the 4rgani#ation as

specified in the relevant operational manuals7

907 The 4rgani#ation shall also meet the cost of provision to each State Party of itsre-uested selection from the standard range of nternational ata entre reporting

products and services, as specified in Part , Section % of the Protocol7 The cost of

preparation and transmission of any additional data or products shall be met by the

re-uesting State Party7 997 The agreements or, if appropriate, arrangements concludedwith States Parties or States hosting or otherwise ta!ing responsibility for facilities of the

nternational onitoring System shall contain provisions for meeting these costs7 Such

provisions may include modalities whereby a State Party meets any of the costs referredto in paragraphs 01 (a) and 9@ (c) and (d) for facilities which it hosts or for which it is

responsible, and is compensated by an appropriate reduction in its assessed financial

contribution to the 4rgani#ation7 Such a reduction shall not e$ceed =@ per cent of the

annual assessed financial contribution of a State Party, but may be spread over successiveyears7 & State Party may share such a reduction with another State Party by agreement or

arrangement between themselves and with the concurrence of the 8$ecutive ouncil7 The

agreements or arrangements referred to in this paragraph shall be approved in accordancewith &rticle , paragraphs 92 (h) and 3? (i)7

hanges to the nternational onitoring System 937 &ny measures referred to in

paragraph 00 affecting the nternational onitoring System by means of addition or


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deletion of a monitoring technology shall, when agreed, be incorporated into this Treaty

and the Protocol pursuant to &rticle ;, paragraphs 0 to 27 9 and ?6

(a) hanges to the number of facilities specified in the Protocol for a given monitoring

technologyA and

(b) hanges to other details for particular facilities as reflected in the Tables of &nne$ 0

to the Protocol (including, inter alia, State responsible for the facilityA locationA name of

facilityA type of facilityA and attribution of a facility between the primary and au$iliaryseismic networ!s)7

f the 8$ecutive ouncil recommends, pursuant to &rticle ;, paragraph ? (d), that such

changes be adopted, it shall as a rule also recommend pursuant to &rticle ;, paragraph

? (g), that such changes enter into force upon notification by the irector.:eneral of theirapproval7 9=7 The irector.:eneral, in submitting to the 8$ecutive ouncil and States

Parties information and evaluation in accordance with &rticle ;, paragraph ? (b), shall

include in the case of any proposal made pursuant to paragraph 97 States Parties may also separately establish cooperative arrangements with

the 4rgani#ation, in order to ma!e available to the nternational ata entresupplementary data from national monitoring stations that are not formally part of the


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nternational onitoring System7 9?7 Such cooperative arrangements may be established

as follows6

(a) Upon re-uest by a State Party, and at the e$pense of that State, the TechnicalSecretariat shall ta!e the steps re-uired to certify that a given monitoring facility meets

the technical and operational re-uirements specified in the relevant operational manualsfor an nternational onitoring System facility, and ma!e arrangements for the

authentication of its data7 Sub/ect to the agreement of the 8$ecutive ouncil, theTechnical Secretariat shall then formally designate such a facility as a cooperating

national facility7 The Technical Secretariat shall ta!e the steps re-uired to revalidate its

certification as appropriateA

(b) The Technical Secretariat shall maintain a current list of cooperating national

facilities and shall distribute it to all States PartiesA and

(c) The nternational ata entre shall call upon data from cooperating national facilities,

if so re-uested by a State Party, for the purposes of facilitating consultation andclarification and the consideration of on.site inspection re-uests, data transmission costs

being borne by that State Party7

The conditions under which supplementary data from such facilities are made available,

and under which the nternational ata entre may re-uest further or e$peditedreporting, or clarifications, shall be elaborated in the operational manual for the

respective monitoring networ!7

7 onsultation and larification 917 Without pre/udice to the right of any State Party to

re-uest an on.site inspection, States Parties should, whenever possible, first ma!e every

effort to clarify and resolve, among themselves or with or through the 4rgani#ation, anymatter which may cause concern about possible non.compliance with the basic

obligations of this Treaty7 3@7 & State Party that receives a re-uest pursuant to paragraph91 directly from another State Party shall provide the clarification to the re-uesting State

Party as soon as possible, but in any case no later than


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of the re-uestA (c) The 8$ecutive ouncil shall ta!e note of the clarification and forward

it to the re-uesting State Party no later than 9< hours after its receiptA (d) f the re-uesting

State Party deems the clarification to be inade-uate, it shall have the right to re-uest the8$ecutive ouncil to obtain further clarification from the re-uested State Party7 The

8$ecutive ouncil shall inform without delay all other States Parties about any re-uest

for clarification pursuant to this paragraph as well as any response provided by there-uested State Party7 337 f the re-uesting State Party considers the clarification obtained

under paragraph 39 (d) to be unsatisfactory, it shall have the right to re-uest a meeting of

the 8$ecutive ouncil in which States Parties involved that are not members of the8$ecutive ouncil shall be entitled to ta!e part7 &t such a meeting, the 8$ecutive ouncil

shall consider the matter and may recommend any measure in accordance with &rticle ;7

7 4n.Site nspections

e-uest for an 4n.Site nspection 37 The re-uesting State Party shall refrain from unfounded or abusive

inspection re-uests7

3>7 The on.site inspection re-uest shall be based on information collected by the

nternational onitoring System, on any relevant technical information obtained bynational technical means of verification in a manner consistent with generally recogni#ed

principles of international law, or on a combination thereof7 The re-uest shall containinformation pursuant to Part , paragraph


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in filing the re-uest accordingly, and shall communicate the re-uest to the 8$ecutive

ouncil and to all other States Parties within 9< hours7


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@ days beyond the [email protected]

time.frame specified in Part , paragraph < of the Protocol, if the inspection teamconsiders such an e$tension essential to enable it to fulfil its mandate7 The inspection

team shall indicate in its re-uest which of the activities and techni-ues listed in Part ,

paragraph 21 of the Protocol it intends to carry out during the e$tension period7 The8$ecutive ouncil shall ta!e a decision on the e$tension re-uest no later than >9 hours

after receipt of the re-uest7 The decision to approve an e$tension of the inspection

duration shall be made by a ma/ority of all members of the 8$ecutive ouncil7

=@7 &ny time following the approval of the continuation of the on.site inspection inaccordance with paragraph , the inspection team may submit to the 8$ecutive ouncil,

through the irector.:eneral, a recommendation to terminate the inspection7 Such a

recommendation shall be considered approved unless the 8$ecutive ouncil, no later than>9 hours after receipt of the recommendation, decides by a two.thirds ma/ority of all its

members not to approve the termination of the inspection7 n case of termination of the

inspection, the inspection team shall leave the inspection area and the territory of theinspected State Party as soon as possible in accordance with Part , paragraphs 0@1 and

00@ of the Protocol7

=07 The re-uesting State Party and the State Party sought to be inspected may participate

in the deliberations of the 8$ecutive ouncil on the on.site inspection re-uest withoutvoting7 The re-uesting State Party and the inspected State Party may also participate

without voting in any subse-uent deliberations of the 8$ecutive ouncil related to the

inspection7

=97 The irector.:eneral shall notify all States Parties within 9< hours about any

decision by and reports, proposals, re-uests and recommendations to the 8$ecutiveouncil pursuant to paragraphs


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The onduct of an 4n.Site nspection

=27 8ach State Party shall permit the 4rgani#ation to conduct an on.site inspection on its

territory or at places under its /urisdiction or control in accordance with the provisions ofthis Treaty and the Protocol7 5owever, no State Party shall have to accept simultaneous

on.site inspections on its territory or at places under its /urisdiction or control7

=>7 n accordance with the provisions of this Treaty and the Protocol, the inspected State

Party shall have6

(a) The right and the obligation to ma!e every reasonable effort todemonstrate its compliance with this Treaty and, to this end, to enable the

inspection team to fulfil its mandateA

(b) The right to ta!e measures it deems necessary to protect national

security interests and to prevent disclosure of confidential information not

related to the purpose of the inspectionA

(c) The obligation to provide access within the inspection area for the sole

purpose of determining facts relevant to the purpose of the inspection,ta!ing into account sub.paragraph (b) and any constitutional obligations it

may have with regard to proprietary rights or searches and sei#uresA

(d) The obligation not to invo!e this paragraph or Part , paragraph ?? of

the Protocol to conceal any violation of its obligations under &rticle A and

(e) The obligation not to impede the ability of the inspection team to move

within the inspection area and to carry out inspection activities inaccordance with this Treaty and the Protocol7

&ccess, in the conte$t of an on.site inspection, means both the physical access of the

inspection team and the inspection e-uipment to, and the conduct of inspection activitieswithin, the inspection area7

=?7 The on.site inspection shall be conducted in the least intrusive manner possible,

consistent with the efficient and timely accomplishment of the inspection mandate, and in

accordance with the procedures set forth in the Protocol7 Wherever possible, theinspection team shall begin with the least intrusive procedures and then proceed to more

intrusive procedures only as it deems necessary to collect sufficient information to clarifythe concern about possible non.compliance with this Treaty7 The inspectors shall see!only the information and data necessary for the purpose of the inspection and shall see!

to minimi#e interference with normal operations of the inspected State Party7

=17 The inspected State Party shall assist the inspection team throughout the on.site

inspection and facilitate its tas!7


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2@7 f the inspected State Party, acting in accordance with Part , paragraphs ?2 to 12 of

the Protocol, restricts access within the inspection area, it shall ma!e every reasonable

effort in consultations with the inspection team to demonstrate through alternative meansits compliance with this Treaty7

4bserver

207 With regard to an observer, the following shall apply6

(a) The re-uesting State Party, sub/ect to the agreement of the inspected State Party, may

send a representative, who shall be a national either of the re-uesting State Party or of athird State Party, to observe the conduct of the on.site inspectionA

(b) The inspected State Party shall notify its acceptance or non.acceptance of the

proposed observer to the irector.:eneral within 09 hours after approval of the on.site

inspection by the 8$ecutive ouncilA

(c) n case of acceptance, the inspected State Party shall grant access to the observer in

accordance with the ProtocolA

(d) The inspected State Party shall, as a rule, accept the proposed observer, but if the

inspected State Party e$ercises a refusal, that fact shall be recorded in the inspectionreport7

There shall be no more than three observers from an aggregate of re-uesting States

Parties7

eports of an 4n.Site nspection

297 nspection reports shall contain6

(a) & description of the activities conducted by the inspection teamA

(b) The factual findings of the inspection team relevant to the purpose of the inspectionA

(c) &n account of the cooperation granted during the on.site inspectionA

(d) & factual description of the e$tent of the access granted, including the alternative

means provided to the team, during the on.site inspectionA and

(e) &ny other details relevant to the purpose of the inspection7

iffering observations made by inspectors may be attached to the report7

237 The irector.:eneral shall ma!e draft inspection reports available to the inspected

State Party7 The inspected State Party shall have the right to provide the irector.:eneral


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within


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87 onfidence.'uilding easures

2?7 n order to6

(a) ontribute to the timely resolution of any compliance concerns arising from possible

misinterpretation of verification data relating to chemical e$plosionsA and

(b) &ssist in the calibration of the stations that are part of the component networ!s of the

nternational onitoring System, each State Party underta!es to cooperate with the

4rgani#ation and with other States Parties in implementing relevant measures as set out

in Part of the Protocol7

&rticle ;

easures to edress a Situation and to 8nsure ompliance, ncluding Sanctions

07 The onference, ta!ing into account, inter alia, the recommendations of the 8$ecutiveouncil, shall ta!e the necessary measures, as set forth in paragraphs 9 and 3, to ensure

compliance with this Treaty and to redress and remedy any situation which contravenesthe provisions of this Treaty7

97 n cases where a State Party has been re-uested by the onference or the 8$ecutive

ouncil to redress a situation raising problems with regard to its compliance and fails to

fulfil the re-uest within the specified time, the onference may, inter alia, decide torestrict or suspend the State Party from the e$ercise of its rights and privileges under this

Treaty until the onference decides otherwise7

37 n cases where damage to the ob/ect and purpose of this Treaty may result from non.compliance with the basic obligations of this Treaty, the onference may recommend to

States Parties collective measures which are in conformity with international law7


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(e) f a recommendation of the 8$ecutive ouncil does not meet with the

acceptance re-uired under sub.paragraph (d), a decision on the proposal,

including whether it fulfils the re-uirements of paragraph >, shall be ta!enas a matter of substance by the onference at its ne$t sessionA

(f) The irector.:eneral shall notify all States Parties and the epositaryof any decision under this paragraphA

(g) hanges approved under this procedure shall enter into force for allStates Parties 0?@ days after the date of notification by the irector.

:eneral of their approval unless another time period is recommended by

the 8$ecutive ouncil or decided by the onference7

&rticle ;

eview of the Treaty

07 Unless otherwise decided by a ma/ority of the States Parties, ten years after the entry

into force of this Treaty a onference of the States Parties shall be held to review the

operation and effectiveness of this Treaty, with a view to assuring itself that theob/ectives and purposes in the Preamble and the provisions of the Treaty are being

reali#ed7 Such review shall ta!e into account any new scientific and technological

developments relevant to this Treaty7 4n the basis of a re-uest by any State Party, the

eview onference shall consider the possibility of permitting the conduct ofunderground nuclear e$plosions for peaceful purposes7 f the eview onference decides

by consensus that such nuclear e$plosions may be permitted, it shall commence wor!

without delay, with a view to recommending to States Parties an appropriate amendment

to this Treaty that shall preclude any military benefits of such nuclear e$plosions7 &nysuch proposed amendment shall be communicated to the irector.:eneral by any State

Party and shall be dealt with in accordance with the provisions of &rticle ;7

97 &t intervals of ten years thereafter, further eview onferences may be convened withthe same ob/ective, if the onference so decides as a matter of procedure in the preceding

year7 Such onferences may be convened after an interval of less than ten years if so

decided by the onference as a matter of substance7

37 +ormally, any eview onference shall be held immediately following the regularannual session of the onference provided for in &rticle 7

&rticle D

uration and Withdrawal

07 This Treaty shall be of unlimited duration7


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97 f this Treaty has not entered into force three years after the date of the anniversary of

its opening for signature, the epositary shall convene a onference of the States that

have already deposited their instruments of ratification upon the re-uest of a ma/ority ofthose States7 That onference shall e$amine the e$tent to which the re-uirement set out

in paragraph 0 has been met and shall consider and decide by consensus what measures

consistent with international law may be underta!en to accelerate the ratification processin order to facilitate the early entry into force of this Treaty7

37 Unless otherwise decided by the onference referred to in paragraph 9 or other such

conferences, this process shall be repeated at subse-uent anniversaries of the opening for

signature of this Treaty, until its entry into force7


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the comprehensive test ban treaty

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