2012 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION (§§ 6701 - 6771)
Subchapter II - INSPECTIONS (§§ 6721 - 6729)
Section 6723 - Authority to conduct inspections
Publication Title | United States Code, 2012 Edition, Title 22 - FOREIGN RELATIONS AND INTERCOURSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION SUBCHAPTER II - INSPECTIONS Sec. 6723 - Authority to conduct inspections |
Contains | section 6723 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 105-277, div. I, title III, §303, Oct. 21, 1998, 112 Stat. 2681-873; Pub. L. 106-280, title III, §305, Oct. 6, 2000, 114 Stat. 854; Pub. L. 107-107, div. A, title XII, §1204(a), Dec. 28, 2001, 115 Stat. 1247. |
Statutes at Large References | 112 Stat. 2681-873 113 Stat. 1536 114 Stat. 854 115 Stat. 1247 |
Public Law References | Public Law 105-277, Public Law 106-113, Public Law 106-280, Public Law 107-107 |
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No inspection of a plant, plant site, or other facility or location in the United States shall take place under the Convention without the authorization of the United States National Authority in accordance with the requirements of this subchapter.
(b) Authority (1) Technical Secretariat inspection teamsAny duly designated member of an inspection team of the Technical Secretariat may inspect any plant, plant site, or other facility or location in the United States subject to inspection pursuant to the Convention.
(2) United States Government representativesThe United States National Authority shall coordinate the designation of employees of the Federal Government (and, in the case of an inspection of a United States Government facility, the designation of contractor personnel who shall be led by an employee of the Federal Government) to accompany members of an inspection team of the Technical Secretariat and, in doing so, shall ensure that—
(A) a special agent of the Federal Bureau of Investigation, as designated by the Federal Bureau of Investigation, accompanies each inspection team visit pursuant to paragraph (1);
(B) no employee of the Environmental Protection Agency or the Occupational Safety and Health Administration accompanies any inspection team visit conducted pursuant to paragraph (1); and
(C) the number of duly designated representatives shall be kept to the minimum necessary.
(3) Objections to individuals serving as inspectors (A) In generalIn deciding whether to exercise the right of the United States under the Convention to object to an individual serving as an inspector, the President shall give great weight to his reasonable belief that—
(i) such individual is or has been a member of, or a participant in, any group or organization that has engaged in, or attempted or conspired to engage in, or aided or abetted in the commission of, any terrorist act or activity;
(ii) such individual has committed any act or activity which would be a felony under the laws of the United States; or
(iii) the participation of such individual as a member of an inspection team would pose a risk to the national security or economic well-being of the United States.
(B) Not subject to judicial reviewAny objection by the President to an individual serving as an inspector, whether made pursuant to this section or otherwise, shall not be reviewable in any court.
(c) ExceptionThe requirement under subsection (b)(2)(A) of this section shall not apply to inspections of United States chemical weapons destruction facilities (as used within the meaning of part IV(C)(13) of the Verification Annex to the Convention).
(Pub. L. 105–277, div. I, title III, §303, Oct. 21, 1998, 112 Stat. 2681–873; Pub. L. 106–280, title III, §305, Oct. 6, 2000, 114 Stat. 854; Pub. L. 107–107, div. A, title XII, §1204(a), Dec. 28, 2001, 115 Stat. 1247.)
Amendments2001—Subsec. (b)(2). Pub. L. 107–107 inserted “(and, in the case of an inspection of a United States Government facility, the designation of contractor personnel who shall be led by an employee of the Federal Government)” after “designation of employees of the Federal Government” in introductory provisions.
2000—Subsec. (c). Pub. L. 106–280 added subsec. (c).
Protection of United States CompaniesPub. L. 106–113, div. B, §1000(a)(7) [div. B, title XI, §1117], Nov. 29, 1999, 113 Stat. 1536, 1501A–489, provided that:
“(a)
“(b)
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