Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 1993)RegulationsChemical Weapons Regulations6. Inspections by inspectors of the Organisations |
| (1) | An inspector or inspection assistant employed by the Organization who, after acceptance by the Council, is duly designated by the Organization in terms of Section A of Part II of the Verification Annex to data monitoring and on-site verification duties, shall be furnished with a document, signed by the chairperson of the Council, confirming his or her appointment as an inspector or inspection assistant. |
| (2) | Such document shall be produced by the inspector or inspection assistant at the request of any person who has a material interest in the functions of that inspector or inspection assistant. |
| (3) | Pursuant to Part II of the Verification Annex, read together with the relevant provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961 and of the Diplomatic Immunities and Privileges Act, 1989 (Act No. 74 of 1989), as amended, inspectors and inspection assistants shall be afforded all the privileges and immunities and be subject to the obligations specified in the Convention. |
| (4) | Any qualified expert who is designated by the Organization in terms of paragraph 7 of Section B of Part XI of the Verification Annex to be part of a team during an investigation of any case of alleged use, shall enjoy the same privileges and immunities as a designated inspector or inspection assistant employed by the Organization. |
| (5) | Any person who is in control of a declared facility or place which may be subject to stipulated data monitoring and on-site verification measures shall be— |
| (a) | advised in writing by the Council within 30 days of the declaration being submitted by the Council that his or her activity has been declared to the Organization and that his or her activity may, under specified circumstances, be subject to data monitoring and/or on-site verification measures by the Organization; and |
| (b) | expeditiously, in order to meet the timeframes stipulated in the Convention, of the receipt by the Council of an inspection notification relating to his or her activity from the Organization pursuant to paragraph 31 of Section D of Part II of the Verification Annex, and of the available details of such a contemplated inspection. |
| (6) | Upon receipt of an inspection notification from the Organization, the Council shall, in order to meet the timeframes set forth in the Convention, appoint an appropriate number of suitably qualified persons including, as necessary, officials of other appropriate government departments, to be members of the in-country escort to accompany and assist the inspection team during the in-country period. |
| (7) | The Council shall issue the necessary authorization to all members of the in-country escort to enable them to facilitate, in a timeous and effective manner, the inspection as specified in the Verification Annex. |
| (8) | Such authorization shall state, as a minimum, a description of the inspection site, a description of the specified area in which the inspection is to be conducted, the type of inspection and the names of the members of the inspection team and of the in-country escort and, in the case of a challenge inspection, the name of the observer. |
| (9) | Any person who is in control of an inspection site which is subject to inspection by the Organization and who has been notified by the Council that that inspection site is to receive an inspection by inspectors of the Organization, shall— |
| (a) | take all reasonable steps to co-operate with the Council and/or its authorised officials in making the necessary preparations for the inspection of the inspection site, within the timeframes stipulated in the Convention; |
| (b) | forthwith grant unimpeded access to the inspection site to the Organization's inspectors, accompanied by the Council's in-country escort together with their approved equipment and, in the case of a challenge inspection, the observer; |
| (c) | in the case of a facility which is yet to be subject to a facility agreement between the Council and the Organization, take all reasonable steps to cooperate, within the timeframe permitted, with the Council and the Organization in the drafting and conclusion of the said agreement; |
| (d) | provide amenities for the use of the inspectors and the in-country escort during inspection of the inspection site, including, as appropriate, parking, transportation within the perimeter of the site, communication means, safe and secure working space and secure storage space for the approved equipment of the inspection team; |
| (e) | on arrival of the inspection team at the inspection site, ensure that they receive a pre-inspection briefing; |
| (f) | take all reasonable steps to co-operate with the in-country escort and with the inspection team to ensure the timeous and effective discharge of the objectives of the inspection within the bounds of the inspection mandate [which shall be issued by the Director-General of the Organization for each and every inspection] and the Organization's inspection manual, and in conformity with the provisions of any facility agreement which may be in force and, to this end, any book, document, data or thing which may be pertinent to the inspection shall immediately be made available on demand; |
| (g) | permit the inspectors of the Organization to interview facility personnel, to inspect documentation and records, and to have photographs taken; |
| (h) | provide clarification in connection with ambiguities that arise during an inspection; |
| (i) | take samples or, if necessary, permit samples to be taken by the in-country escort or, if so agreed, by the inspectors of the Organization, according to methods approved by the Organization; |
| (j) | take all reasonable steps to assist with the analysis of such samples, where possible on-site, or with the transfer of the samples for analysis off-site if it is deemed necessary by the inspectors of the Organization; |
| (k) | participate in the debriefing; |
| (l) | permit, where applicable, the installation of continuous monitoring instruments and systems and seals and ensure that such equipment is not interfered with. |