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II SÉRIE-A — NÚMERO 55

C — Conduct of inspections

General rules

38 — The inspected State Party shall provide access within the requested perimeter as well as, if different, the final perimeter. The extent and nature of access to a particular place or places within these perimeters shall be negotiated between the inspection team and the inspected State Party on a managed access basis.

39 — The inspected State Party shall provide access within the requested perimeter as soon as possible, but in any case not later than 108 hours after the arrival of the inspection team at the point of entry in order to clarify the concern regarding possible non-compliance with this Convention raised in the inspection request.

40 — Upon the request of the inspection team, the inspected State Party may provide aerial access to the inspection site.

41 —In meeting the requirement to provide access as specified in paragraph 38, the inspected State Party shall be under the obligation to allow the greatest degree of access taking into account any constitutional obligations it may have with regard to, proprietary rights or searches and seizures. The inspected State Party has the right under managed access to take such measures as are necessary to protect national security. The provisions in this paragraph may not be invoked by the inspected State Party to conceal evasion of its obligations not to engage in activities prohibited under this Convention.

42 — If the inspected State Party provides less than full access to places, activities, or information, it shall be under the obligation to make every reasonable effort to provide alternative means to clarify the possible non-compliance concern that generated the challenge inspection.

43 — Upon arrival at the final perimeter of facilities declared pursuant to articles iv, v and vi, access shall be granted following the pre-inspection briefing and discussion of. the inspection plan which shall be limited to the minimum necessary and in any event shall not exceed three hours. For facilities declared pursuant to article in, paragraph 1, d), negotiations shall be conducted and managed access commenced not later than 12 hours after arrival at the final perimeter.

44 — In carrying out the challenge inspection in accordance with the inspection request, the inspection team shall use only those methods necessary to provide sufficient relevant facts to clarify the concern about possible non-compliance with the provisions of this Convention, and shall refrain from activities not relevant thereto. It shall collect and document such facts as are related to the possible non-compliance with this Convention by the inspected State Party, but shall neither seek nor document information which is clearly not related thereto, unless the inspected State Party expressly requests it to do so. Any material collected and subsequently found not to be relevant shall not be retained.

45 — The inspection team shall be guided by the principle of conducting the challenge inspection in the least intrusive manner possible, consistent with the effective and timely accomplishment of its mission. Wherever possible, it shall begin with the least intrusive procedures it deems acceptable and proceed to more intrusive procedures only as it deems necessary.

Managed access

46 — The inspection team shall take into consideration suggested modifications of the inspection plan and

proposals which may be made by the inspected State Party, at whatever stage of the inspection including the pre-

inspection briefing, to ensure that sensitive equipment, information or areas, not related to chemical weapons, are protected.

47 — The inspected State Party shall designate the perimeter en try/exit points to be used for access. The inspection team and the inspected State Party shall negotiate: the extent of access to any particular place or places within the final and requested perimeters as provided in paragraph 48; the particular inspection activities, including sampling, to be conducted by the inspection team; the performance of particular activities by the inspected State Party; and the provision of particular information by the inspected State Party.

48 — In conformity with the relevant provisions in the Confidentiality Annex the inspected State Party shall have the right to take measures to protect sensitive installations and prevent disclosure of confidential information and data not related to chemical weapons. Such measures may include, inter alia:

a) Removal of sensitive papers from office spaces;

b) Shrouding of sensitive displays, stores, and equipment;

c) Shrouding of sensitive pieces of equipment, suchas computer or electronic systems;

d) Logging off of computer systems and turning off of data indicating devices;

e) Restriction of sample analysis to presence or absence of chemicals listed in schedules 1, 2 and 3 or appropriate degradation products;

f) Using random selective access techniques whereby the inspectors are requested to select a given percentage or number of buildings of their choice to inspect; the same principle can apply to the interior and content of sensitive buildings;

g) In exceptional cases, giving only inàivîâua) inspectors access to certain parts of the inspection site.

49 — The inspected State Party shall make every reasonable effort to demónstrale to the inspection team that any object, building, structure, container or vehicle to which the inspection team has not had full access, or which has been protected in accordance with paragraph 48, is not • used for purposes' related to the possible non-compliance concerns raised in the inspection request.

50 — This may be accomplished by means of, inter alia, the partial removal of a shroud or environmental protection cover, at the discretion of the inspected State Party, by means of a visual inspection of the interior of an enclosed space from its entrance, or by other methods.

51—In the case of facilities declared pursuant to articles iv, v and vi, the following shall apply:

a) For facilities with facility agreements, access and activities within the final perimeter shall be unimpeded within the boundaries establish&d the agreements;

b) For facilities without facility agreements, negotiation of access and activities shall be governed by the applicable general inspection guidelines established under this Convention;

c) Access beyond that granted for inspections under articles iv, v and vi shall be managed in accordance with procedures of this section.