UQb DUcd 2Q^ DbUQdi 3D2D - Comprehensive Nuclear-Test ......English.qxd 13.05.2004 06:29 Seite 4 English Treaty.indd 1 20/06/14 10:11 The Comprehensive Nuclear-Test-Ban Treaty was

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ComprehensiveNuclear-Test-BanTreaty (CTBT)

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

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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

Vorwort.p65 12.05.2004, 14:133English Treaty.indd 2 20/06/14 10:11

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


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

Vorwort.p65 12.05.2004, 14:134

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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


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


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-

38

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.

Art

icle

IV

39

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 an

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UQb DUcd 2Q^ DbUQdi 3D2D - Comprehensive Nuclear-Test ......English.qxd 13.05.2004 06:29 Seite 4 English Treaty.indd 1 20/06/14 10:11 The Comprehensive Nuclear-Test-Ban Treaty was