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COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

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Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

COMPREHENSIVE NUCLEAR-TEST BAN TREATY

SUBSIDIARY LEGISLATION 653.02

COMPREHENSIVE NUCLEAR-TEST BAN TREATY

REGULATIONS

*

LEGAL NOTICE 156 of 2001, as amended by Legal Notice 425 of 2007.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The title of these regulations is the Comprehensive

Nuclear-Test Ban Treaty Regulations.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Regulation 3(a)

MINISTRY OF FOREIGN AFFAIRS

MALTA

2 March, 2001

The Minister of Foreign Affairs proposes that the House of Representatives,

Having considered that on 24 September, 1996 Malta signed the Comprehensive

Nuclear-Test-Ban Treaty at New York, USA;

Having considered that on ratifying this Treaty, Malta would join sixty nine

countries which have ratified this Treaty, regarded as the cornerstone in the ban of

nuclear tests and proliferation of nuclear arms;

By virtue of article 3(1)(c) and (2)(b) of the Ratification of Treaties Act, (Cap.

304) and article 3(2) of the National Interest (Enabling Powers) Act (Cap. 365);

Resolves to authorise the ratification of the Comprehensive Nuclear-Test-Ban

Treaty and that Malta becomes a member of the Comprehensive Nuclear-Test-Ban

Treaty Organisation when the Treaty comes into force.

(sgd.) JOE BORG

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

In these regulations, unless the context otherwise requires -

"Act" means the National Interest (Enabling Powers) Act;

"Treaty" means the Comprehensive Nuclear-Test-Ban Treaty

signed by Malta in New York on the 24th September, 1996.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Regulation 3(b)

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 positive measures of recent

years in the field of nuclear disarmament, including reductions in arsenals of nuclear

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

aspects,

Underlining the importance of the full and prompt implementation of such

agreements and measures,

Convinced that the present international situation provides an opportunity to take

further effective measures towards nuclear disarmament and against the proliferation

of nuclear weapons in all its aspects, and declaring their intention to take such

measures,

Stressing therefore the need for continued systematic and progressive efforts to

reduce nuclear weapons globally, with the ultimate goal of eliminating those

weapons, and of general and complete disarmament under strict and effective

international control,

Recognizing that the cessation of all nuclear weapon test explosions and all other

nuclear explosions, by constraining the development and qualitative improvement of

nuclear weapons and ending the development of advanced new types of nuclear

weapons, constitutes an effective measure of nuclear disarmament and non-

proliferation in all its aspects,

Further recognizing that an end to all such nuclear explosions will thus constitute

a meaningful step in the realization of a systematic process to achieve nuclear

disarmament,

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

through the conclusion of a universal and internationally and effectively verifiable

comprehensive nuclear test-ban treaty, which has long been one of the highest

priority objectives of the international community in the field of disarmament and

non-proliferation,

Noting the aspirations expressed by the Parties to the 1963 Treaty Banning

Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water to seek to

achieve the discontinuance of all test explosions of nuclear weapons for all time,

Noting also the views expressed that this Treaty could contribute to the protection

of the environment,

Affirming the purpose of attracting the adherence of all States to this Treaty and its

objective to contribute effectively to the prevention of the proliferation of nuclear

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

enhancement of international peace and security,

Have agreed as follows

ARTICLE I.

BASIC OBLIGATIONS

1. Each State Party undertakes not to carry out any nuclear weapon test

explosion or any other nuclear explosion, and to prohibit and prevent any such

nuclear explosion at any place under its jurisdiction or control.

2. Each State Party undertakes, furthermore, to refrain from causing

encouraging, or in any way participating in the carrying out of any nuclear weapon

test explosion or any other nuclear explosion.

ARTICLE II.

THE ORGANIZATION

A. GENERAL PROVISIONS

1. The States Parties hereby establish the Comprehensive Nuclear Test-Ban

Treaty Organization (hereinafter referred to as "the Organization") to achieve the

object and purpose of this Treaty, to ensure the implementation of its provisions,

including those for international verification of compliance with it, and to provide a

forum for consultation and cooperation among States Parties.

2. All States Parties shall be members of the Organization. A State Party shall

not be deprived of its membership in the Organization.

3. The seat of the Organization shall be Vienna, Republic of Austria.

4. There are hereby established as organs of the Organization: the Conference

of the States Parties, the Executive Council and the Technical Secretariat, which

shall include the International Data Centre.

5. Each State Party shall cooperate with the Organization in the exercise of its

functions in accordance with this Treaty. States Parties shall consult, directly among

themselves, or through the Organization or other appropriate international

procedures, including procedures within the framework of the United Nations and in

accordance with its Charter, on any matter which may be raised relating to the object

and purpose, or the implementation of the provisions, of this Treaty.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

(a) For the purpose of article 3(2) of the Act, the text of

the Resolution of the House of Representatives dated

2nd March, 2001 and passed on 21st March, 2001 is

being published as Schedule 1.

(b) For the purpose of article 3(4) of the Act, the Treaty is

published in the English Language in Schedule 2.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Notwithstanding any other law -

(a) the carrying out of any nuclear weapon test explosion

or any other nuclear explosion; or

(b) the causing, encouraging, or in any way participating

in the carrying out of any nuclear weapon test

explosion or any other nuclear explosion,

by any person in Malta or by any citizen or permanent resident of

Malta, whether in Malta or elsewhere, is prohibited.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Any person found guilty of an offence against these

regulations shall, on conviction, be liable to a term of

imprisonment not exceeding five years and to a fine (multa) not

exceeding one hundred and sixteen thousand and four hundred and

sixty-eight euro and sixty-seven cents (116,468.67), without

prejudice to any higher punishment which may be inflicted under

any other law.

*Not yet in force.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Organization shall conduct its verification activities provided for under

this Treaty in the least intrusive manner possible consistent with the timely and

efficient accomplishment of their objectives. It shall request only the information

and data necessary to fulfil its responsibilities under this Treaty. It shall take every

precaution to protect the confidentiality of information on civil and military

activities and facilities coming to its knowledge in the implementation of this Treaty

and, in particular, shall abide by the confidentiality provisions set forth in this

Treaty.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Each State Party shall treat as confidential and afford special handling to

information and data that it receives in confidence from the Organization in

connection with the implementation of this Treaty. It shall treat such information and

data eXclusively in connection with its rights and obligations under this Treaty.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Organization, as an independent body, shall seek to utilize existing

expertise and facilities, as appropriate, and to maximize cost efficiencies, through

cooperative arrangements with other international organizations such as the

Internationa1 Atomic Energy Agency. Such arrangements, excluding those of a

minor and normal commercial and contractual nature, shall be set out in agreements

to be submitted to the Conference of the States Parties for approval.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The costs of the activities of the Organization shall be met annually by the

States Parties in accordance with the United Nations scale of assessments adjusted to

take into account differences in membership between the United Nations and the

Organization.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Financial contributions of States Parties to the Preparatory Commission

shall be deducted in an appropriate way from their contributions to the regular

budget.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

A member of the Organization which is in arrears in the payment of its

assessed contribution to the Organization shall have no vote in the Organization if

the amount of its arrears equals or exceeds the amount of the contribution due from it

for the preceding two full years. The Conference of the States Parties may,

nevertheless, permit such a member to vote if it is satisfied that the failure to pay is

due to conditions beyond the control of the member.

B. THE CONFERENCE OF THE STATES PARTIES

Composition, Procedures and Decision-making

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Conference of the States Parties (hereinafter referred to as "the

Conference") shall be composed of all States Parties. Each State Party shall have one

representative in the Conference, who may be accompanied by alternates and

advisers.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The initial session of the Conference shall be convened by the Depositary no

later than 30 days after the entry into force of this Treaty.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Conference shall meet in regular sessions, which shall be held annually,

unless it decides otherwise.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

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 days after the

decision of the Conference, the request of the Executive Council, or the attainment

of the necessary support, unless specified otherwise in the decision or request.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Conference may also be convened in the form of an Amendment

Conference, in accordance with Article VII.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Conference may also be convened in the form of a Review Conference

in accordance with Article VIII.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Sessions shall take place at the seat of the Organization unless the

Conference decides otherwise.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Conference shall adopt its rules of procedure. At the beginning of each

session, it shall elect its President and such other officers as may be required. They

shall hold office until a new President and other officers are elected at the next

session.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

A majority of the States Parties shall constitute a quorum.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Each State Party shall have one vote.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Conference shall take decisions on matters of procedure by a majority

of members present and voting. Decisions on matters of substance shall be taken as

far as possible by consensus. If consensus is not attainable when an issue comes up

for decision, the President of the Conference shall defer any vote for 24 hours and

during this period of deferment shall make every effort to facilitate achievement of

consensus, and shall report to the Conference before the end of this period. If

consensus is not possible at the end of 24 hours, the Conference shall take a decision

by a two-thirds majority of members present and voting unless specified otherwise in

this Treaty. When the issue arises as to whether the question is one of substance or

COMPREHENSIVE NUCLEAR-TEST BAN TREATY

not, that question shall be treated as a matter of substance unless otherwise decided

by the majority required for decisions on matters of substance.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

When exercising its function under paragraph 26 (k), the Conference shall

take a decision to add any State to the list of States contained in Annex 1 to this

Treaty in accordance with the procedure for decisions on matters of substance set out

in paragraph 22. Notwithstanding paragraph 22, the Conference shall take decisions

on any other change to Annex 1 to this Treaty by consensus.

Powers and Functions

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Conference shall be the principal organ of the Organization. It shall

consider any questions, matters or issues within the scope of this Treaty, including

those relating to the powers and functions of the Executive Council and the

Technical Secretariat, in accordance with this Treaty. It may make recommendations

and take decisions on any questions, matters or issues within the scope of this Treaty

raised by a State Party or brought to its attention by the Executive Council.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Conference shall oversee the implementation of, and review compliance

with, this Treaty and act in order to promote its object and purpose. It shall also

oversee the activities of the Executive Council and the Technical Secretariat and

may issue guidelines to either of them for the exercise of their functions.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Conference shall

(a) Consider and adopt the report of the Organization on the

implementation of this Treaty and the annual programme and budget of

the Organization, submitted by the Executive Council, as well as

consider other reports;

(b) Decide on the scale of financial contributions to be 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");

(e) Consider and approve the rules of procedure of the Executive Council

submitted by the latter;

(f)

Consider and review scientific and technological developments that

could affect the operation of this Treaty. In this context, the Conference

may direct the Director-General to establish a Scientific Advisory

Board to enable him or her, in the performance of his or her functions,

to render specialized advice in areas of science and technology relevant

to this Treaty to the Conference, to the Executive Council, or to States

Parties. In that case, the Scientific Advisory Board shall be composed of

independent experts serving in their individual capacity and appointed,

in accordance with terms of reference adopted by the Conference, on the

basis of their expertise and experience in the particular scientific fields

relevant to the implementation of this Treaty;

(g) Take the necessary measures to ensure compliance with this Treaty and

to redress and remedy any situation that contravenes the provisions of

this Treaty, in accordance with Article V;

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

arrangements, provisions, procedures, operational manuals, guidelines

and any other documents developed and recommended by the

Preparatory Commission;

(i)

Consider and approve agreements or arrangements negotiated by the

Technical Secretariat with States Parties, other States and international

organizations to be concluded by the Executive Council on behalf of the

Organization in accordance with paragraph 38 (h);

(j)

Establish such subsidiary organs as it finds necessary for the exercise of

its functions in accordance with this Treaty; and

(k) Update Annex 1 to this Treaty, as appropriate, in accordance with

paragraph 23.

C. THE EXECUTIVE COUNCIL

Composition, Procedure and Decision-making

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Executive Council shall consist of 51 members. Each State Party shall

have the right, in accordance with the provisions of this Article, to serve on the

Executive Council.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Taking into account the need for equitable geographical distribution, 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 Western Europe; and

(f)

Eight States Parties from South-East Asia, the Pacific and the Far East.

All States in each of the above geographical regions are listed in Annex 1 to

this Treaty. Annex 1 to this Treaty shall be updated, as appropriate, by the

Conference in accordance with paragraphs 23 and 26 (k). It shall not be subject to

amendments or changes under the procedures contained in Article VII.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The members of the Executive Council shall be elected by the Conference.

In this connection, each geographical region shall designate States Parties from that

region for election as members of the Executive Council as follows

(a) At least one-third of the seats allocated to each geographical region

shall be filled, taking into account political and security interests, by

States Parties in that region designated on the basis of the nuclear

capabilities relevant to the Treaty as determined by international data as

well as all or any of the following indicative criteria in the order of

priority determined by each region

(i)

Number of monitoring facilities of the International Monitoring

System;

(ii) Expertise and experience in monitoring technology; and

(iii) Contribution to the annual budget of the Organization;

(b) One of the seats allocated to each geographical region shall be filled on

a rotational basis by the State Party that is first in the English

alphabetical order among the States Parties in that region that have not

served as members of the Executive Council for the longest period of

time since becoming States Parties or since their last term, whichever is

shorter. A State Party designated on this basis may decide to forgo its

seat. In that case, such a State Party shall submit a letter of renunciation

to the Director-General, and the seat shall be filled by the State Party

following next-in-order according to this sub-paragraph; and

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

by States Parties designated from among all the States Parties in that

region by rotation or elections.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Each member of the Executive Council shall have one representative on the

Executive Council, who may be accompanied by alternates and advisers.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Each member of the Executive Council shall hold office from the end of the

session of the Conference at which that member is elected until the end of the second

regular annual session of the Conference thereafter, except that for the first election

of the Executive Council, 26 members shall be elected to hold office until the end of

the third regular annual session of the Conference, due regard being paid to the

established numerical proportions as described in paragraph 28.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Executive Council shall elaborate its rules of procedure and submit

them to the Conference for approval.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Executive Council shall elect its Chairman from among its members.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Executive Council shall meet for regular sessions. Between regular

sessions it shall meet as may be required for the fulfilment of its powers and

functions.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Each member of the Executive Council shall have one vote.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Executive Council shall take decisions on matters of procedure by a

majority of all its members. The Executive Council shall take decisions on matters of

substance by a two-thirds majority of all its members unless specified otherwise in

this Treaty. When the issue arises as to whether the question is one of substance or

not, that question shall be treated as a matter of substance unless otherwise decided

by the majority required for decisions on matters of substance.

Powers and Functions

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Executive Council shall be the executive organ of the Organization. It

shall be responsible to the Conference. It shall carry out the powers and functions

entrusted to it in accordance with this Treaty. In so doing, it shall act in conformity

with the recommendations, decisions and guidelines of the Conference and ensure

their continuous and proper implementation.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Executive Council shall

(a) Promote effective implementation of, and compliance with, this Treaty;

(b) Supervise the activities of the Technical Secretariat;

(c) Make recommendations as necessary to the Conference for

consideration of further proposals for promoting the object and purpose

of this Treaty;

(d) Cooperate with the National Authority of each State Party;

(e) Consider and submit to the Conference the draft annual programme and

budget of the Organization, the draft report of the Organization on the

implementation of this Treaty, the report on the performance of its own

activities and such other reports as it deems necessary or that the

Conference may request;

(f)

Make arrangements for the sessions of the Conference, including the

preparation of the draft agenda;

(g) Examine proposals for changes, on matters of an administrative or

technical nature, to the Protocol or the Annexes thereto, pursuant to

Article VII, and make recommendations to the States Parties regarding

their adoption;

(h) Conclude, subject to prior approval of the Conference, agreements or

arrangements with States Parties, other States and international

organizations on behalf of the Organization and supervise their

implementation, with the exception of agreements or arrangements

referred to in sub-paragraph (i);

(i)

Approve and supervise the operation of agreements or arrangements

relating to the implementation of verification activities with States

Parties and other States; and

(j)

Approve any new operational manuals and any changes to the existing

operational manuals that may be proposed by the Technical Secretariat.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Executive Council may request a special session of the Conference.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Executive Council shall

(a) Facilitate cooperation among States Parties, and between States Parties

and the Technical Secretariat, relating to the implementation of this

Treaty through information exchanges;

(b) Facilitate consultation and clarification among States Parties in

accordance with Article IV; and

(c) Receive, consider and take action on requests for, and reports on, on-

site inspections in accordance with Article IV.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Executive Council shall consider any concern raised by a State Party

about possible non-compliance with this Treaty and abuse of the rights established

by this Treaty. In so doing, the Executive Council shall consult with the States

Parties involved and, as appropriate, request a State Party to take measures to redress

the situation within a specified time. To the extent that the Executive Council

considers further action to be necessary, it shall take, inter alia, one or more 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 situation and to ensure

compliance in accordance with Article V.

D. THE TECHNICAL SECRETARIAT

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Technical Secretariat shall assist States Parties in the implementation of

this Treaty. The Technical Secretariat shall assist the Conference and the Executive

Council in the performance of their functions. The Technical Secretariat shall carry

out the verification and other functions entrusted to it by this Treaty, as well as those

functions delegated to it by the Conference or the Executive Council in accordance

with this Treaty. The Technical Secretariat shall include, as an integral part, the

International Data Centre.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The functions of the Technical Secretariat with regard to verification of

compliance with this Treaty shall, in accordance with Article IV and the Protocol,

include inter alia

(a) Being responsible for supervising and coordinating the operation of the

International Monitoring System;

(b) Operating the International Data Centre;

(c) Routinely

receiving,

processing,

analysing

and

reporting

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 consideration of such requests, carrying

out the preparations for, and providing technical support during, the

conduct of on-site inspections, and reporting to the Executive Council;

(g) Negotiating agreements or arrangements with States Parties, other

States and international organizations and concluding, subject to prior

approval by the Executive Council, any such agreements or

arrangements relating to verification activities with States Parties or

other States; and

(h) Assisting the States Parties through their National Authorities on other

issues of verification under this Treaty.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Technical Secretariat shall develop and maintain, subject to approval by

the Executive Council, operational manuals to guide the operation of the various

components of the verification regime, in accordance with Article IV and the

Protocol. These manuals shall not constitute integral parts of this Treaty or the

Protocol and may be changed by the Technical Secretariat subject to approval by the

Executive Council. The Technical Secretariat shall promptly inform the States

Parties of any changes in the operational manuals.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The functions of the Technical Secretariat with respect to administrative

matters shall include

(a) Preparing and submitting to the Executive Council the draft programme

and budget of the Organization;

(b) Preparing and submitting to the Executive Council the draft report of

the Organization on the implementation of this Treaty and such other

reports as the Conference or the Executive Council may request;

(c) Providing administrative and technical support to the Conference, the

Executive Council and other subsidiary organs;

(d) Addressing and receiving communications on behalf of

the

Organization relating to the implementation of this Treaty; and

(e) Carrying out the administrative responsibilities related to any

agreements between the Organization and other international

organizations.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

All requests and notifications by States Parties to the Organization shall be

transmitted through their National Authorities to the Director-General. Requests and

notifications shall be in one of the official languages of this Treaty. In response the

Director-General shall use the language of the transmitted request or notification.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

With respect to the responsibilities of the Technical Secretariat for preparing

and submitting to the Executive Council the draft programme and budget of the

Organization, the Technical Secretariat shall determine and maintain a clear

accounting of all costs for each facility established as part of the International

Monitoring System. Similar treatment in the draft programme and budget shall be

accorded to all other activities of the Organization.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Technical Secretariat shall promptly inform the Executive Council of

any problems that have arisen with regard to the discharge of its functions that have

come to its notice in the performance of its activities and that it has been unable to

resolve through consultations with the State Party concerned.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Technical Secretariat shall comprise a Director-General, who shall be

its head and chief administrative officer, and such scientific, technical and other

personnel as may be required. The Director-General shall be appointed by the

Conference upon the recommendation of the Executive Council for a term of four

years, renewable for one further term, but not thereafter. The first Director-General

shall be appointed by the Conference at its initial session upon the recommendation

of the Preparatory Commission.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Director-General shall be responsible to the Conference and the

Executive Council for the appointment of the staff and for the organization and

functioning of the Technical Secretariat. The paramount consideration in the

employment of the staff and in the determination of the conditions of service shall be

the necessity of securing the highest standards of professional expertise, experience,

efficiency, competence and integrity. Only citizens of States Parties shall serve as the

Director-General, as inspectors or as members of the professional and clerical staff.

Due regard shall be paid to the importance of recruiting the staff on as wide a

geographical basis as possible. Recruitment shall be guided by the principle that the

staff shall be kept to the minimum necessary for the proper discharge of the

responsibilities of the Technical Secretariat.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Director-General may, as appropriate, after consultation with the

Executive Council, establish temporary working groups of scientific experts to

provide recommendations on specific issues.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

In the performance of their duties, the Director-General, the inspectors, the

inspection assistants and the members of the staff shall not seek or receive

instructions from any Government or from any other source external to the

Organization. They shall refrain from any action that might reflect adversely on their

positions as international officers responsible only to the Organization. The

Director-General shall assume responsibility for the activities of an inspection team.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Each State Party shall respect the exclusively international character of the

responsibilities of the Director-General, the inspectors, the inspection assistants and

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

responsibilities.

E. PRIVILEGES AND IMMUNITIES

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Organization shall enjoy on the territory and in any other place under

the jurisdiction or control of a State Party such legal capacity and such privileges

and immunities as are necessary for the exercise of its functions.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Delegates of States Parties, together with their alternates and advisers,

representatives of members elected to the Executive Council, together with their

alternates and advisers, the Director-General, the inspectors, the inspection

assistants and the members of the staff of the Organization shall enjoy such

privileges and immunities as are necessary in the independent exercise of their

functions in connection with the Organization.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The legal capacity, privileges and immunities referred to in this Article shall

be defined in agreements between the Organization and the State Parties as well as in

an agreement between the Organization and the State in which the Organization is

seated. Such agreements shall be considered and approved in accordance with

paragraph 26 (h) and (l).

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Notwithstanding paragraphs 54 and 55, the privileges and immunities

enjoyed by the Director-General, the inspectors, the inspection assistants and the

members of the staff of the Technical Secretariat during the conduct of verification

activities shall be those set forth in the Protocol.

ARTICLE III.

NATIONAL IMPLEMENTATION MEASURES

1. Each State Party shall, in accordance with its constitutional processes, take

any necessary measures to implement its obligations under this Treaty. In particular,

it shall take any necessary measures

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

other place under its jurisdiction as recognized by international law

from undertaking any activity prohibited to a State Party under this

Treaty;

(b) To prohibit natural and legal persons from undertaking any such activity

anywhere under its control; and

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

possessing its nationality from undertaking any such activity anywhere.

2. Each State Party shall cooperate with other States Parties and afford the

appropriate form of legal assistance to facilitate the implementation of the

obligations under paragraph 1.

3. Each State Party shall inform the Organization of the measures taken

pursuant to this Article.

4. In order to fulfil its obligations under the Treaty, each State Party shall

designate or set up a National Authority and shall so inform the Organization upon

entry into force of the Treaty for it. The National Authority shall serve as the

national focal point for liaison with the Organization and with other States Parties.

ARTICLE IV.

VERIFICATION

A. GENERAL PROVISIONS

1. In order to verify compliance with this Treaty, a verification regime shall be

established consisting of the following elements

(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 shall be capable of

meeting the verification requirements of this Treaty.

2. Verification activities shall be based on objective information, shall be

limited to the subject matter of this Treaty, and shall be carried out on the basis of

full respect for the sovereignty of States Parties and in the least intrusive manner

possible consistent with the effective and timely accomplishment of their objectives.

Each State Party shall refrain from any abuse of the right of verification.

3. Each State Party undertakes in accordance with this Treaty to cooperate,

through its National Authority established pursuant to Article III, paragraph 4, with

the Organization and with other States Parties to facilitate the verification of

compliance with this Treaty by, inter alia

(a) Establishing the necessary facilities to participate in these verification

measures and establishing the necessary communication;

(b) Providing data obtained from national stations that are part of the

International Monitoring System;

(c) Participating, as appropriate, in a consultation and clarification process;

(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 financial capabilities,

shall enjoy the equal right of verification and assume the equal obligation to accept

verification.

5. For the purposes of this Treaty, no State Party shall be precluded from using

information obtained by national technical means of verification in a manner

consistent with generally recognized principles of international law, including that of

respect for the sovereignty of States.

6. Without prejudice to the right of States Parties to protect sensitive

installations, activities or locations not related to this Treaty, States Parties shall not

interfere with elements of the verification regime of this Treaty or with national

technical means of verification operating in accordance with paragraph 5.

7. Each State Party shall have the right to take measures to protect sensitive

installations and to prevent disclosure of confidential information and data not

related to this Treaty.

8. Moreover, all necessary measures shall be taken to protect the

confidentiality of any information related to civil and military activities and

facilities obtained during verification activities.

9. Subject to paragraph 8, information obtained by the Organization through

the verification regime established by this Treaty shall be made available to all

States Parties in accordance with the relevant provisions of this Treaty and the

Protocol.

10. The provisions of this Treaty shall not be interpreted as restricting the

international exchange of data for scientific purposes.

11. Each State Party undertakes to cooperate with the Organization and with

other States Parties in the improvement of the verification regime, and in the

examination of the verification potential of additional monitoring technologies such

as electromagnetic pulse monitoring or satellite monitoring, with a view to

developing, when appropriate, specific measures to enhance the efficient and cost-

effective verification of this Treaty. Such measures shall, whe n agreed, be

incorporated in existing provisions in this Treaty, the Protocol or as additional

sections of the Protocol, in accordance with Article VII, or, if appropriate, be

reflected in the operational manuals in accordance with Article II, paragraph 44.

12. The States Parties undertake to promote cooperation among themselves to

facilitate and participate in the fullest possible exchange relating to technologies

used in the verification of this Treaty in order to enable all States Parties to

strengthen their national implementation of verification measures and to benefit

from the application of such technologies for peaceful purposes.

13. The provisions of this Treaty shall be implemented in a manner which

avoids hampering the economic and technological development of the States Parties

for further development of the application of atomic energy for peaceful purposes.

Verification Responsibilities of the Technical Secretariat

COMPREHENSIVE NUCLEAR-TEST BAN TREATY

14. In discharging its responsibilities in the area of verification specified in this

Treaty and the Protocol, in cooperation with the State Parties the Technical

Secretariat shall, for the purpose of this Treaty

(a) Make arrangements to receive and distribute data and reporting products

relevant to the verification of this Treaty in accordance with its

provisions, and to maintain a global communications infrastructure

appropriate to this task;

(b) Routinely through its International Data Centre, which shall in principle

be the focal point within the Technical Secretariat for data storage and

data processing

(i)

Receive and initiate requests for data from the International

Monitoring System;

(ii) Receive data, as appropriate, resulting from the process of

consultation and clarification, from on-site inspections, and from

confidence-building measures; and

(iii) Receive other relevant data from States Parties and international

organizations in accordance with this Treaty and the Protocol;

(c) Supervise, coordinate and ensure the operation of the International

Monitoring System and its component elements, and of the International

Data Centre, in accordance with the relevant operational manuals;

(d) Routinely process, analyse and report on International Monitoring

System data according to agreed procedures so as to permit the effective

international verification of this Treaty and to contribute to the early

resolution of compliance concerns;

(e) Make available all data, both raw and processed, and any reporting

products, to all States Parties, each State Party taking responsibility for

the use of International Monitoring 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, convenient and timely access

to all stored data;

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

(h) Coordinate and facilitate requests for additional data from the

International Monitoring system;

(i)

Coordinate requests for additional data from one State Party to another

State Party;

(j)

Provide technical assistance in, and support for, the installation and

operation of monitoring facilities and respective communication means,

where such assistance and support are required by the State concerned;

(k) Make available to any State Party, upon its request, techniques utilized

by the Technical Secretariat and its International Data Centre in

compiling, storing, processing, analysing and reporting on data from the

verification regime; and

(l)

Monitor, assess and report on the overall performance of the

International Monitoring System and of the Internationa1 Data Centre.

15. The agreed procedures to be used by the Technical Secretariat in discharging

the verification responsibilities referred to in paragraph 14 and detailed in the

Protocol shall be elaborated in the relevant operational manuals.

B. THE INTERNATIONAL MONITORING SYSTEM

16. The International Monitoring System shall comprise facilities for

seismological monitoring, radionuclide monitoring including certified laboratories,

hydroacoustic monitoring, infrasound monitoring, and respective means of

communication, and shall be supported by the International Data Centre of the

Technical Secretariat.

17. The International Monitoring System shall be placed under the authority of

the Technical Secretariat. All monitoring facilities of the International Monitoring

System shall be owned and operated by the States hosting or otherwise taking

responsibility for them in accordance with the Protocol.

18. Each State Party shall have the right to participate in the international

exchange of data and to have access to all data made available to the International

Data Centre. Each State Party shall cooperate with the International Data Centre

through its National Authority.

Funding the Internationa1 Monitoring System

19. For facilities incorporated into the International Monitoring System and

specified in Tables 1-A, 2-A, 3 and 4 of Annex 1 to the Protocol, and for their

functioning, to the extent that such facilities are agreed by the relevant State and the

Organization to provide data to the International Data Centre in accordance with the

technical requirements of the Protocol and relevant operational manuals, the

Organization, as specified in agreements or arrangements pursuant to Part I,

paragraph 4 of the Protocol, shall meet the costs of

(a) Establishing any new facilities and upgrading existing facilities, unless

the State responsible for such facilities meets these costs itself;

(b) Operating and maintaining International Monitoring System facilities,

including facility physical security if appropriate, and application of

agreed data authentication procedures;

(c) Transmitting International Monitoring System data (raw or processed)

to the International Data Centre by the most direct and cost-effective

means available, including, if necessary, via appropriate

communications nodes, from monitoring stations, laboratories,

analytical facilities or from national data centres; or such data

(including samples where appropriate) to laboratory and analytical

facilities from monitoring stations; and

(d) Analysing samples on behalf of the Organization.

20. For auxiliary network seismic stations specified in Table 1-B of Annex 1 to

the Protocol the Organization, as specified in agreements or arrangements pursuant

to Part I, paragraph 4 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 standard, unless the State

responsible for such facilities meets these costs itself;

(d) If necessary, establishing new stations for the purposes of this Treaty

where no appropriate facilities currently exist, unless the State

responsible for such facilities meets these costs itself; and

(e) Any other costs related to the provision of data required by the

Organization as specified in the relevant operational manuals.

21. The Organization shall also meet the cost of provision to each State Party of

its requested selection from the standard range of International Data Centre reporting

products and services, as specified in Part I, Section F of the Protocol. The cost of

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

requesting State Party.

22. The agreements or, if appropriate, arrangements concluded with States

Parties or States hosting or otherwise taking responsibility for facilities of the

International Monitoring System shall contain provisions for meeting these costs.

Such provisions may include modalities whereby a State Party meets any of the costs

referred to in paragraphs 19 (a) and 20 (c) and (d) for facilities which it hosts or for

which it is responsible, and is compensated by an appropriate reduction in its

assessed financial contribution to the Organization. Such a reduction shall not

exceed 50 percent of the annual assessed financial contribution of a State Party, but

may be spread over successive years. A State Party may share such a reduction with

another State Party by agreement or arrangement between themselves and with the

concurrence of the Executive Council. The agreements or arrangements referred to

in this paragraph shall be approved in accordance with Article II, paragraphs 26 (h)

and 38 (i).

Changes to the International Monitoring System

23. Any measures referred to in paragraph 11 affecting the International

Monitoring System by means of addition or deletion of a monitoring technology

shall, when agreed, be incorporated into this Treaty and the Protocol pursuant to

Article VII, paragraphs 1 to 6.

24. The following changes to the International Monitoring System, subject to

the agreement of those States directly affected, shall be regarded as matters of an

administrative or technical nature pursuant to Article VII, paragraphs 7 and 8

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

monitoring technology; and

(b) Changes to other details for particular facilities as reflected in the

Tables of Annex 1 to the Protocol (including, inter alia, State

responsible for the facility; location; name of facility; type of facility;

and attribution of a facility between the 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 a rule also recommend pursuant to

Article VII, paragraph 8 (g) that such changes enter into force upon notification by

the Director-General of their approval.

25. The Director-General, in submitting to the Executive Council and States

Parties information and evaluation in accordance with Article VII, paragraph 8 (b),

shall include in the case 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

(c) A report on consultations with States directly affected by the proposal,

including indication of their agreement.

Temporary arrangements

26. In cases of significant or irretrievable breakdown of a monitoring facility

specified in the Tables of Annex 1 to the Protocol, or in order to cover other

temporary reductions of monitoring coverage, the Director-General shall, in

consultation and agreement with those States directly affected, and with the approval

of the Executive Council, initiate temporary arrangements of no more than one

year’s duration, renewable if necessary by agreement of the Executive Council and

of the States directly affected for another year. Such arrangements shall not cause the

number of operational facilities of the International Monitoring System to exceed the

number specified for the relevant network; shall meet as far as possible the technical

and operational requirements specified in the operational manual for the relevant

network; and shall be conducted within the budget of the Organization. The

Director-General shall furthermore take steps to rectify the situation and make

proposals for its permanent resolution. The Director-General shall notify all States

Parties of any decision taken pursuant to this paragraph.

Cooperating National Facilities

27. States Parties may also separately establish cooperative arrangements with

the Organization, in order to make available to the International Data Centre

supplementary data from national monitoring stations that are not formally part of

the International Monitoring System.

28. Such cooperative arrangements may be established as follows

(a) Upon request by a State Party, and at the expense of that State, the

Technical Secretariat shall take the steps required to certify that a given

monitoring facility meets the technical and operational requirements

specified in the relevant operational manuals for an International

Monitoring System facility, and make arrangements for the

authentication of its data. Subject to the agreement of the Executive

Council, the Technical Secretariat shall then formally designate such a

facility as a cooperating national facility. The Technical Secretariat

shall take the steps required to revalidate its certification as appropriate;

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

national facilities and shall distribute it to all States Parties; and

(c) The International Data Centre shall call upon data from cooperating

national facilities, if so requested by a State Party, for the purposes of

facilitating consultation and clarification and the consideration of on-

site inspection requests, data transmission costs being borne by that

State Party.

The conditions under which supplementary data from such facilities are

made available, and under which the International Data Centre may request further

or expedited reporting, or clarifications, shall be elaborated in the operational

manual for the respective monitoring network.

C. CONSULTATION AND CLARIFICATION

29. Without prejudice to the right of any State Party to request an on-site

inspection, States Parties should, whenever possible, first make every effort to

clarify and resolve, among themselves or with or through the Organization, any

matter which may cause concern about possible non-compliance with the basic

obligations of this Treaty.

30. A State Party that receives a request pursuant to paragraph 29 directly from

another State Party shall provide the clarification to the requesting State Party as

soon as possible, but in any case no later than 48 hours after the request. The

requesting and requested States Parties may keep the Executive Council and the

Director-General informed of the request and the response.

31. A State Party shall have the right to request the Director-General to assist in

clarifying any matter which may cause concern about possible non-compliance with

the basic obligations of this Treaty. The Director-General shall provide appropriate

information in the possession of the Technical Secretariat relevant to such a concern.

The Director-General shall inform the Executive Council of the request and of the

information provided in response, if so requested by the requesting State Party.

32. A State Party shall have the right to request the Executive Council to obtain

clarification from another State Party on any matter which may cause concern about

possible non-compliance with the basic obligations of this Treaty. In such a case, the

following shall apply

(a) The Executive Council shall forward the request for clarification to the

requested State Party through the Director-General no later than 24

hours after its receipt;

(b) The requested State Party shall provide the clarification to the

Executive Council as soon as possible, but in any case no later than 48

hour after receipt of the request;

(c) The Executive Council shall take note of the clarification and forward it

to the requesting State Party no later than 24 hours after its receipt;

(d) If the requesting State Party deems the clarification to be inadequate, it

shall have the right to request the Executive Council to obtain further

clarification from the requested State Party.

The Executive Council shall inform without delay all other States Parties

about any request for clarification pursuant to this paragraph as well as any response

provided by the requested State Party.

33. If the requesting State Party considers the clarification obtained under

paragraph 32 (d) to be unsatisfactory, it shall have the right to request a meeting of

the Executive Council in which States Parties involved that are not members of the

Executive Council shall be entitled to take part. At such a meeting, the Executive

Council shall consider the matter and may 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 inspection in accordance

with the provisions of this Article and Part II of the Protocol in the territory or in any

other place under the jurisdiction or control of any State Party, or in any area beyond

the jurisdiction or control of any State.

35. The sole purpose of an on-site inspection shall be to clarify whether a

nuclear weapon test explosion or any other nuclear explosion has been carried out in

violation of Article I and, to the extent possible, to gather any facts which might

assist in identifying any possible violator.

36. The requesting State Party shall be under the obligation to keep the on-site

inspection request within the scope of this Treaty and to provide in the request

information in accordance with paragraph 37. The requesting State Party shall

refrain from unfounded or abusive inspection requests.

37. The on-site inspection request shall be based on information collected by the

International Monitoring System, on any relevant technical information obtained by

national technical means of verification in a manner consistent with generally

recognized principles of international law, or on a combination thereof. The request

shall contain information pursuant to Part II, paragraph 41 of the Protocol.

38. The requesting State Party shall present the on-site inspection request to the

Executive Council and at the same time to the Director-General for the latter to

begin immediate processing.

39. The Executive Council shall begin its consideration immediately upon

receipt of the on-site inspection request.

40. The Director-General, after receiving the on-site inspection request, shall

acknowledge receipt of the request to the requesting State Party within two hours

and communicate the request to the State Party sought to be inspected within six

hours. The Director-General shall ascertain that the request meets the requirements

specified in Part II, paragraph 41 of the Protocol, and, if necessary, shall assist the

requesting State Party in filing the request accordingly, and shall communicate the

request to the Executive Council and to all other States Parties within 24 hours.

41. When the on-site inspection request fulfils the requirements, the Technical

Secretariat shall begin preparations for the on-site inspection without delay.

42. The Director-General, upon receipt of an on-site inspection request referring

to an inspection area under the jurisdiction or control of a State Party, shall

immediately seek clarification from the State Party sought to be inspected in order to

clarify and resolve the concern raised in the request.

43. A State Party that receives a request for clarification pursuant to paragraph

42 shall provide the Director-General with explanations and with other relevant

information available as soon as possible, but no later than 72 hours after receipt of

the request for clarification.

44. The Director-General, before the Executive Council takes a decision on the

on-site inspection request, shall transmit immediately to the Executive Council any

additional information available from the International Monitoring System or

provided by any State Party on the event specified in the request, including any

clarification provided pursuant to paragraphs 42 and 43, as well as any other

information from within the Technical Secretariat that the Director-General deems

relevant or that is requested by the Executive Council.

45. Unless the requesting State Party considers the concern raised in the on-site

inspection request to be resolved and withdraws the request, the Executive Council

shall take a decision 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 of the request from the requesting State Party.

The decision to approve the on-site inspection shall be made by at least 30

affirmative votes of members of the Executive Council. If the Executive Council

does not approve the inspection, preparations shall be stopped and no further action

on the request shall be taken.

47. No later than 25 days after the approval of the on-site inspection in

accordance with paragraph 46, the inspection team shall transmit to the Executive

C o u n c i l , t h r o u g h t h e Di r e c t o r- G e n e ra l , a p r o gr e s s i n s p e c t i o n r e p o r t . T h e

continuation of the inspection shall be considered approved unless the Executive

Council, no later than 72 hours after receipt of the progress inspection report,

decides by a majority of all its members not to continue the inspection. If the

Executive Council decides not to continue the inspection, the inspection shall be

terminated, and the inspection team shall leave the inspection area and the territory

of the inspected State Party as soon as possible in accordance with Part II,

paragraphs 109 and 110 of the Protocol.

48. In the course of the on-site inspection, the inspection team may submit to the

Executive Council, through the Director-General, a proposal to conduct drilling. The

Executive Council shall take a decision on such a proposal no later than 72 hours

after receipt of the proposal. The decision to approve drilling shall be made by a

majority of all members of the Executive Council.

49. The inspection team may request the Executive Council, through the

Director-General, to extend the inspection duration by a maximum of 70 days

beyond the 60-day time-frame specified in Part II, paragraph 4 of the Protocol, if the

inspection team considers such an extension essential to enable it to fulfil its

mandate. The inspection team shall indicate in its request which of the activities and

techniques listed in Part II, paragraph 69 of the Protocol it intends to carry out

during the extension period. The Executive Council shall take a decision on the

extension request no later than 72 hours after receipt of the request. The decision to

approve an extension of the inspection duration shall be made by a majority of all

members of the Executive Council.

50. Any time following the approval of the continuation of the on-site

inspection in accordance with paragraph 47, the inspection team may submit to the

Executive Council, through the Director-General, a recommendation to terminate the

inspection. Such a recommendation shall be considered approved unless the

Executive Council, no later than 72 hours after receipt of the recommendation,

decides by a two-thirds majority of all its members not to approve the termination of

the inspection. In case of termination of the inspection, the inspection team shall

leave the inspection area and the territory of the inspected State Party as soon as

possible in accordance with Part II, paragraphs 109 and 110 of the Protocol.

51. The requesting State Party and the State Party sought to be inspected may

participate in the deliberations of the Executive Council on the on-site inspection

request without voting. The requesting State Party and the inspected State Party may

also participate without voting in any subsequent deliberations of the Executive

Council related to the inspection.

52. The Director-General shall notify all States Parties within 24 hours about

any decision by and reports, proposals, requests and recommendations to the

Executive Council pursuant to paragraphs 46 to 50.

Follow-up after Executive Council Approval of an On-Site Inspection

53. An on-site inspection approved by the Executive Council shall be conducted

without delay by an inspection team designated by the Director-General and in

accordance with the provisions of this Treaty and the Protocol. The inspection team

shall arrive at the point of entry no later than six days following the receipt by the

Executive Council of the on-site inspection request from the requesting State Party.

54. The Director-General shall issue an inspection mandate for the conduct of

the on-site inspection. The inspection mandate shall contain the information

specified in Part II, paragraph 42 of the Protocol.

55. The Director-General shall notify the inspected State Party of the inspection

no less than 24 hours before the planned arrival of the inspection team at the point of

entry, in accordance with Part II, paragraph 43 of the Protocol.

The Conduct of an On-Site Inspection

56. Each State Party shall permit the Organization to conduct an on-site

inspection on its territory or at places under its jurisdiction or control in accordance

with the provisions of this Treaty and the Protocol. However, no State Party shall

have to accept simultaneous on-site inspections on its territory or at places under its

jurisdiction or control.

57. In accordance with the provisions of this Treaty and the Protocol, the

inspected State Party shall have

(a) The right and the obligation to make every reasonable 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 to protect national

security interests and to prevent disclosure of confidential information

not related to the purpose of the inspection;

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

purpose of determining facts relevant to the purpose of the inspection,

taking into account sub-paragraph (b) and any constitutional obligations

it may have with regard to proprietary rights or searches and seizures;

(d) The obligation not to invoke this paragraph or Part II, paragraph 88 of

the Protocol to conceal any violation of its obligations under Article I;

and

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

within the inspection area and to carry out inspection activities in

accordance with this Treaty and the Protocol.

Access, in the context of an on-site inspection, means both the physical

access of the inspection team and the inspection equipment to, and the conduct of

inspection activities within, the inspection area.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The on-site inspection shall be conducted in the least intrusive manner

possible, consistent with the efficient and timely accomplishment of the inspection

mandate, and in accordance with the procedures set forth in the Protocol. Wherever

possible, the inspection team shall begin with the least intrusive procedures and then

proceed to more intrusive procedures only as it deems necessary to collect sufficient

information to clarify the concern about possible non-compliance with this Treaty.

The inspectors shall seek only the information and data necessary for the purpose of

the inspection and shall seek to minimize interference with normal operations of the

inspected State Party.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The inspected State Party shall assist the inspection team throughout the on-

site inspection and facilitate its task.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

If the inspected State Party, acting in accordance with Part II, paragraphs 86

to 96 of the Protocol, restricts access within the inspection area, it shall make every

reasonable effort in consultations with the inspection team to demonstrate through

alternative means its compliance with this Treaty.

Observer

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

With regard to an observer, the following shall apply

(a) The requesting State Party, subject to the agreement of the inspected

State Party, may send a representative, who shall be a national either of

the requesting State Party or of a third State Party, to observe the

conduct of the on-site inspection;

(b) The inspected State Party shall notify its acceptance or non-acceptance

of the proposed observer to the Director-General within 12 hours after

approval of the on-site inspection by the Executive Council;

(c) In case of acceptance, the inspected State Party shall grant access to the

observer in accordance with the Protocol;

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

but if the inspected State Party exercises a refusal, that fact shall be

recorded in the inspection report.

There shall be no more than three observers from an aggregate of requesting

States Parties.

Reports of an On-Site Inspection

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Inspection reports shall contain

(a) A description of the activities conducted by the inspection team;

(b) The factual findings of the inspection team relevant 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 the inspection.

Differing observations made by inspectors may be attached to the report.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Director-General shall make draft inspection reports available to the

inspected State Party. The inspected State Party shall have the right to provide the

Director-General within 48 hours with its comments and explanations, and to

identify any information and data which, in its view, are not related to the purpose of

the inspection and should not be circulated outside the Technical Secretariat. The

Director-General shall consider the proposals for changes to the draft inspection

report made by the inspected State Party and shall wherever possible incorporate

them. The Director-General shall also annex the comments and explanations

provided by the inspected State Party to the inspection report.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Director-General shall promptly transmit the inspection report to the

requesting State Party, the inspected State Party, the Executive Council and to all

other States Parties. The Director-General shall further transmit promptly to the

Executive Council and to all other States Parties any results of sample analysis in

designated laboratories in accordance with Part II, paragraph 104 of the Protocol,

relevant data from the International Monitoring System, the assessments of the

requesting and inspected States Parties, as well as any other information that the

Director-General deems relevant. In the case of the progress inspection report

referred to in paragraph 47, the Director-General shall transmit the report to the

Executive Council within the time-frame specified in that paragraph.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Executive Council, in accordance with its powers and functions, shall

review the inspection report and any material provided pursuant to paragraph 64, and

shall address any concerns as to

(a) Whether any non-compliance with this Treaty has occurred; and

(b) Whether the right to request an on-site inspection has been abused.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

If the Executive Council reaches the conclusion, in keeping with its powers

and functions, that further action may be necessary with regard to paragraph 65, it

shall take the appropriate measures in accordance with Article V.

Frivolous or Abusive On-Site Inspection Requests

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

If the Executive Council does not approve the on-site inspection on the basis

that the on-site inspection request is frivolous or abusive, or if the inspection is

terminated for the same reasons, the Executive Council shall consider and decide on

whether to implement appropriate measures to redress the situation, including the

following

(a) Requiring the requesting State Party to pay for the cost of any

preparations made by the Technical Secretariat;

(b) Suspending the right of the requesting State Party to request an on-site

inspection for a period of time, as determined by the Executive Council;

and

(c) Suspending the right of the requesting State Party to serve on the

Executive Council for a period of time.

E. CONFIDENCE-BUILDING MEASURES

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

In order to

(a) Contribute to the timely resolution of any compliance concerns arising

from possible misinterpretation of verification data relating to chemical

explosions; and

(b) Assist in the calibration of the stations that are part of the component

networks of the International Monitoring System,

each State Party undertakes to cooperate with the Organization and with other States

Parties in implementing relevant measures as set out in Part III of the Protocol.

ARTICLE V.

MEASURES TO REDRESS A SITUATION AND TO ENSURE COMPLIANCE,

INCLUDING SANCTIONS

1. The Conference, taking into account, inter alia, the recommendations of the

Executive Council, shall take the necessary measures, as set forth in paragraphs 2

and 3, to ensure compliance with this Treaty and to redress and remedy any situation

which contravenes the provisions of this Treaty.

2. In cases where a State Party has been requested by the Conference or the

Executive Council to redress a situation raising problems with regard to its

compliance and fails to fulfil the request within the specified time, the Conference

may, inter alia, decide to restrict or suspend the State Party from the exercise of its

rights and privileges under this Treaty until the Conference decides otherwise.

3. In cases where damage to the object and purpose of this Treaty may result

from non-compliance with the basic obligations of this Treaty, the Conference may

recommend to States Parties collective measures which are in conformity with

international law.

4. The Conference, or alternatively, if the case is urgent, the Executive

Council, may bring the issue, including relevant information and conclusions, to the

attention of the United Nations.

ARTICLE VI.

SETTLEMENT OF DISPUTES

1. Disputes that may arise concerning the application or the interpretation of

this Treaty shall be settled in accordance with the relevant provisions of this Treaty

and in conformity with the provisions of the Charter of the United Nations.

2. When a dispute arises between two or more States Parties, or between one or

more States Parties and the Organization, relating to the application or interpretation

of this Treaty, the parties concerned shall consult together with a view to the

expeditious settlement of the dispute by negotiation or by other peaceful means of

the parties’ choice, including recourse to appropriate organs of this Treaty and, by

mutual consent, referral to the International Court of Justice in conformity with the

Statute of the Court. The parties involved shall keep the Executive Council informed

of actions being taken.

3. The Executive Council may contribute to the settlement of a dispute that

may arise concerning the application or interpretation of this Treaty by whatever

means it deems appropriate, including offering its good offices, calling upon the

States Parties to a dispute to seek a settlement through a process of their own choice,

bringing the matter to the attention of the Conference and recommending a time-

limit for any agreed procedure.

4. The Conference shall consider questions related to disputes raised by States

Parties or brought to its attention by the Executive Council. The Conference shall, as

it finds necessary, establish or entrust organs with tasks related to the settlement of

these disputes in conformity with Article II, paragraph 26 (j).

5. The Conference and the Executive Council are separately empowered,

subject to authorization from the General Assembly of the United Nations, to request

the International Court of Justice to give an advisory opinion on any legal question

arising within the scope of the activities of the Organization. An agreement between

the Organization and the United Nations shall be concluded for this purpose in

accordance with Article II, paragraph 38 (h).

6. This Article is without prejudice to Articles IV and V.

ARTICLE VII.

AMENDMENTS

1. At any time after the entry into force of this Treaty, any State Party may

propose amendments to this Treaty, the Protocol, or the Annexes to the Protocol.

Any State Party may also propose changes, in accordance with paragraph 7, to the

Protocol or the Annexes thereto. Proposals for amendments shall be subject to the

procedures in paragraphs 2 to 6. Proposals for changes, in accordance with

paragraph 7, shall be subject to the procedures in paragraph 8.

2. The proposed amendment shall be considered and adopted only by an

Amendment Conference.

3. Any proposal for an amendment shall be communicated to the Director-

General, who shall circulate it to all States Parties and the Depositary and seek the

views of the States Parties on whether an Amendment Conference should be

convened to consider the proposal. If a majority of the States Parties notify the

Director-General no later than 30 days after its circulation that they support further

consideration of the proposal, the Director-General shall convene an Amendment

Conference to which all States Parties shall be invited.

4. The Amendment Conference shall be held immediately following a regular

session of the Conference unless all States Parties that support the convening of an

Amendment Conference request that it be held earlier. In no case shall an

Amendment Conference be held less than 60 days after the circulation.of the

proposed amendment.

5. Amendments shall be adopted by the Amendment Conference by a positive

vote of a majority of the States Parties with no State Party casting a negative vote.

6. Amendments shall enter into force for all States Parties 30 days after deposit

of the instruments of ratification or acceptance by all those States Parties casting a

positive vote at the Amendment Conference.

7. In order to ensure the viability and effectiveness of this Treaty, Parts I and

III of the Protocol and Annexes 1 and 2 to the Protocol shall be subject to changes in

accordance with paragraph 8, if the proposed changes are related only to matters of

an administrative or technical nature. All other provisions of the Protocol and the

Annexes thereto shall not be subject to changes in accordance with paragraph 8.

8. Proposed changes referred to in paragraph 7 shall be made in accordance

with the following procedures

(a) The text of the proposed changes shall be transmitted together with the

necessary information to the Director-General. Additional information

for the evaluation of the proposal may be provided by any State Party

and the Director-General. The Director-General shall promptly

communicate any such proposals and information to all States Parties,

the Executive Council and the Depositary;

(b) No later than 60 days after its receipt, the Director-General shall

evaluate the proposal to determine all its possible consequences for the

provisions of this Treaty and its implementation and shall communicate

any such information to all States Parties and the Executive Council;

(c) The Executive Council shall examine the proposal in the light of all

information available to it, including whether the proposal fulfils the

requirements of paragraph 7. No later than 90 days after its receipt, the

Executive Council shall notify its recommendation, with appropriate

explanations, to all States Parties for consideration. States Parties shall

acknowledge receipt within 10 days;

(d) If the Executive Council recommends to all States Parties that the

proposal be adopted, it shall be considered approved if no State Party

objects to it within 90 days after receipt of the recommendation. If the

Executive Council recommends that the proposal be rejected, it shall be

considered rejected if no State Party objects to the rejection within 90

days after receipt of the recommendation;

(e) If a recommendation of the Executive Council does not meet with the

acceptance required under sub-paragraph (d), a decision on the

proposal, including whether it fulfils the requirements of paragraph 7,

shall be taken as a matter of substance by the Conference at its next

session;

(f)

The Director-General shall notify all States Parties and the Depositary

of any decision under this paragraph;

(g) Changes approved under this procedure shall enter into force for all

States Parties 180 days after the date of notification by the Director-

General of their approval unless another time period is recommended by

the Executive Council or decided by the Conference.

ARTICLE VIII.

REVIEW OF THE TREATY

1. Unless otherwise decided by a majority of the States Parties, ten years after

the entry into force of this Treaty a Conference of the States Parties shall be held to

review the operation and effectiveness of this Treaty, with a view to assuring itself

that the objectives and purposes in the Preamble and the provisions of the Treaty are

being realized. Such review shall take into account any new scientific and

technological developments relevant to this Treaty. On the basis of a request by any

State Party, the Review Conference shall consider the possibility of permitting the

conduct of underground nuclear explosions for peaceful purposes. If the Review

Conference decides by consensus that such nuclear explosions may be permitted, it

shall commence work without delay, with a view to recommending to States Parties

an appropriate amendment to this Treaty that shall preclude any military benefits of

such nuclear explosions. Any such proposed amendment shall be communicated to

the Director-General by any State Party and shall be dealt with in accordance with

the provisions of Article VII.

2. At intervals of ten years thereafter, further Review Conferences may be

convened with the same objective, if the Conference so decides as a matter of

procedure in the preceding year. Such Conferences may be convened after an

interval of less than ten years if so decided by the Conference as a matter of

substance.

3. Normally, any Review Conference shall be held immediately following the

regular annual session of the Conference provided for in Article II.

ARTICLE IX.

DURATION AND WITHDRAWAL

1. This Treaty shall be of unlimited duration.

2. Each State Party shall, in exercising its national sovereignty, have the right

to withdraw from this Treaty if it decides that extraordinary events related to the

subject matter of this Treaty have jeopardized its supreme interests.

3. Withdrawal shall be effected by giving notice six months in advance to all

other States Parties, the Executive Council, the Depositary and the United Nations

Security Council. Notice of withdrawal shall include a statement of the extraordinary

event or events which a State Party regards as jeopardizing its supreme interests.

ARTICLE X.

STATUS OF THE PROTOCOL AND THE ANNEXES

The Annexes to this Treaty, the Protocol, and the Annexes to the Protocol

form an integral part of the Treaty. Any reference to this Treaty includes the Annexes

to this Treaty, the Protocol and the Annexes to the Protocol.

ARTICLE XI.

SIGNATURE

This Treaty shall be open to a11 States for signature before its entry into

force.

ARTICLE XII.

RATIFICATION

This Treaty shall be subject to ratification by States Signatories according to

their respective constitutional processes.

ARTICLE XIII.

ACCESSION

Any State which does not sign this Treaty before its entry into force may

accede to it at any time thereafter.

ARTICLE XIV.

ENTRY INTO FORCE

1. This Treaty shall enter into force 180 days after the date of deposit of the

instruments of ratification by all States listed in Annex 2 to this Treaty, but in no

case earlier than two years after its opening for signature.

2. If this Treaty has not entered into force three years after the date of the

anniversary of its opening for signature, the Depositary shall convene a Conference

of the States that have already deposited their instruments of ratification upon the

request of a majority of those States. That Conference shall examine the extent to

which the requirement set out in paragraph 1 has been met and shall consider and

decide by consensus what measures consistent with international law may be

undertaken to accelerate the ratification process in order to facilitate the early entry

into force of this Treaty.

3. Unless otherwise decided by the Conference referred to in paragraph 2 or

other such conferences, this process shall be repeated at subsequent anniversaries of

the opening for signature of this Treaty, until its entry into force.

4. All States Signatories shall be invited to attend the Conference referred to in

paragraph 2 and any subsequent conferences as referred to in paragraph 3, as

observers. 5. For States whose instruments of ratification or accession are deposited

subsequent to the entry into force of this Treaty, it shall enter into force on the 30th

day following the date of deposit of their instruments of ratification or accession.

ARTICLE XV.

RESERVATIONS

The Articles of and the Annexes to this Treaty shall not be subject to

reservations. The provisions of the Protocol to this Treaty and the Annexes to the

Protocol shall not be subject to reservations incompatible with the object and

purpose of this Treaty.

ARTICLE XVI.

DEPOSITARY

1. The Secretary-General of the United Nations shall be the Depositary of this

Treaty and shall receive signatures, instruments of ratification and instruments of

accession.

2. The Depositary shall promptly inform all States Signatories and acceding

States of the date of each signature, the date of deposit of each instrument of

ratification or accession, the date of the entry into force of this Treaty and of any

amendments and changes thereto, and the receipt of other notices.

3. The Depositary shall send duly certified copies of this Treaty to the

Governments of the States Signatories and acceding States.

4. This Treaty shall be registered by the Depositary pursuant to Article 102 of

the Charter of the United Nations.

ARTICLE XVII.

AUTHENTIC TEXTS

This Treaty, of which the Arabic, Chinese, English, French, Russian and

Spanish texts are equally authentic, shall be deposited with the Secretary-General of

the United Nations.

ANNEX 1 TO THE TREATY

LIST OF STATES PURSUANT TO ARTICLE II, PARAGRAPH 28

Africa

Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape

Verde, Central African Republic, Chad, Comoros, Congo, Cote d’Ivoire, Djibouti,

Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea,

Guinea-Bissau, Kenya, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar,

Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger,

Nigeria, Rwanda, Sao Tome & Principe, Senegal, Seychelles, Sierra Leone, Somalia,

South Africa, Sudan, Swaziland, Togo, Tunisia, Uganda, United Republic of

Tanzania, Zaire, Zambia Zimbabwe.

Eastern Europe

Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria,

Croatia, Czech Republic, Estonia, Georgia, Hungary, Latvia, Lithuania, Poland,

Republic of Moldova, Romania, Russian Federation, Slovakia, Slovenia, The former

Yugoslav Republic of Macedonia, Ukraine, Yugoslavia.

Latin America and the Caribbean

Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize, Bolivia, Brazil,

Chile, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, El

Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico,

Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint

Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay, Venezuela.

Middle East and South Asia

Afghanistan, Bahrain, Bangladesh, Bhutan, India, Iran (Islamic Republic oþ, Iraq,

Israel, Jordan, Kazakstan, Kuwait, Kyrgyzstan, Lebanon, Maldives, Nepal, Oman,

Pakistan, Qatar, Saudi Arabia, Sri Lanka, Syrian Arab Republic, Tajikistan,

Turkmenistan, United Arab Emirates, Uzbekistan, Yemen.

North America and Western Europe

Andorra, Austria, Belgium, Canada, Cyprus, Denmark, Finland, France, Germany,

Greece, Holy See, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta,

Monaco, Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland,

Turkey, United Kingdom of Great Britain and Northern Ireland, United States of

America.

North East Asia, the Pacific and the Far East

Australia, Brunei Darussalam, Cambodia, China, Cook Islands, Democratic

People’s Republic of Korea, Fiji, Indonesia, Japan, Kiribati, Lao People’s

Democratic Republic, Malaysia, Marshall Islands, Micronesia (Federated States of,

Mongolia, Myanmar, Nauru, New Zealand, Niue, Palau, Papua New Guinea,

Philippines, Republic of Korea, Samoa, Singapore, Solomon Islands, Thailand,

Tonga, Tuvalu, Vanuatu, Viet Nam.

ANNEX 2 TO THE TREATY

LIST OF STATES PURSUANT TO ARTICLE XIV

List of States members of the Conference on Disarmament as at 18 June 1996

which formally participated in the work of the 1996 session of the Conference and

which appear in Table 1 of the International Atomic Energy Agency’s Apri1 1996

edition of "Nuclear Power Reactors in the World", and of States members of the

Conference on Disarmament as at 18 June 1996 which formally participated in the

work of the 1996 session of the Conference and which appear in Table 1 of the

International Atomic Energy Agency's December 1995 edition of "Nuclear Research

Reactors in the World"

Algeria, Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Bulgaria,

Canada, Chile, China, Colombia, Democratic People’s Republic of Korea, Egypt,

Finland, France, Germany, Hungary, India, Indonesia, Iran (Islamic Republic of),

Israel, Italy, Japan, Mexico, Netherlands, Norway, Pakistan, Peru, Poland, Romania,

Republic of Korea, Russian Federation, Slovakia, South Africa, Spain, Sweden,

Switzerland, Turkey, Ukraine, United Kingdom of Great Britain and Northern

Ireland, United States of America, Viet Nam, Zaire.

PROTOCOL TO THE COMPREHENSIVE

NUCLEAR TEST-BAN TREATY

PART I.

THE INTERNATIONAL MONITORING SYSTEM AND INTERNATIONAL DATA

CENTRE FUNCTIONS

A. GENERAL PROVISIONS

1. The International Monitoring System shall comprise monitoring facilities as

set out in Article IV, paragraph 16, and respective means of communication.

2. The monitoring facilities incorporated into the International Monitoring

System shall consist of those facilities specified in Annex 1 to this Protocol. The

Internationa1 Monitoring System shall fulfil the technical and operational

requirements specified in the relevant operational manuals.

3. The Organization, in accordance with Article II, shall, in cooperation and

consultation with the States Parties, with other States, and with international

o rg a n i z a t i o n s a s a p p r o p r i a t e , e s t a b l i s h a n d c o o r d i n a t e t h e o p e r a t i o n a n d

maintenance, and any future agreed modification or development of the

Internationa1 Monitoring System.

4. In accordance with appropriate agreements or arrangements and procedures,

a State Party or o ther Stat e host ing or otherwise taking responsibi lity fo r

International Monitoring System facilities and the Technical Secretariat shall agree

and cooperate in establishing, operating, upgrading, financing, and maintaining

monitoring facilities, related certified laboratories and respective means of

communication within areas under its jurisdiction or control or elsewhere in

conformity with international law. Such cooperation shall be in accordance with the

security and authentication requirements and technical specifications contained in

the relevant operational manuals. Such a State shall give the Technical Secretariat

authority to access a monitoring facility for checking equipment and communication

links, and shall agree to make the necessary changes in the equipment and the

operational procedures to meet agreed requirements. The Technical Secretariat shall

provide to such States appropriate technical assistance as is deemed by the Executive

Council to be required for the proper functioning of the facility as part of the

Internationa1 Monitoring System.

5. Modalities for such cooperation between the Organization and States Parties

or States hosting or otherwise taking responsibility for facilities of the Internationa1

Monitoring System shall be set out in agreements or arrangements as appropriate in

each case.

B. SEISMOLOGICAL MONITORING

6. Each State Party undertakes to cooperate in an international exchange of

seismological data to assist in the verification of compliance with this Treaty. This

cooperation shall include the establishment and operation of a global network of

primary and auxiliary seismological monitoring stations. These stations shall

provide data in accordance with agreed procedures to the International Data Centre.

7. The network of primary stations shall consist of the 50 stations specified in

Table 1-A of Annex 1 to this Protocol. These stations shall fulfil the technical and

operational requirements specified in the Operational Manual for Seismological

Monitoring and the International Exchange of Seismological Data. Uninterrupted

data from the primary stations shall be transmitted, directly or through a national

data centre, on-line to the International Data Centre.

8. To supplement the primary network, an auxiliary network of 120 stations

shall provide information, directly or through a national data centre, to the

International Data Centre upon request. The auxiliary stations to be used are listed in

Table 1-B of Annex 1 to this Protocol. The auxiliary stations shall fulfil the technical

and operational requirements specified in the Operational Manual for Seismological

Monitoring and the International Exchange of Seismological Data. Data from the

auxiliary stations may at any time be requested by the International Data Centre and

shall be immediately available through on-line computer connections.

C. RADIONUCLIDE MONITORING

9. Each State Party undertakes to cooperate in an international exchange of

data on radionuclides in the atmosphere to assist in the verification of compliance

with this Treaty. This cooperation shall include the establishment and operation of a

global network of radionuclide monitoring stations and certified laboratories. The

network shall provide data in accordance with agreed procedures to the International

Data Centre.

10. The network of stations to measure radionuclides in the atmosphere shall

comprise an overall network of 80 stations, as specified in Table 2-A of Annex 1 to

this Protocol. All stations shall be capable of monitoring for the presence of relevant

particulate matter in the atmosphere. Forty of these stations shall also be capable of

monitoring for the presence of relevant noble gases upon the entry into force of this

Treaty. For this purpose the Conference, at its initial session, shall approve a

recommendation by the Preparatory Commission as to which 40 stations from Table

2-A of Annex 1 to this Protocol shall be capable of noble gas monitoring. At its first

regular annual session, the Conference shall consider and decide on a plan for

implementing noble gas monitoring capability throughout the network. The Director-

General shall prepare a report to the Conference on the modalities for such

implementation. All monitoring stations shall fulfil the technical and operational

requirements specified in the Operational Manual for Radionuclide Monitoring and

the Internationa1 Exchange of Radionuc1ide Data.

11. The network of radionuclide monitoring stations shall be supported by

laboratories, which shall be certified by the Technical Secretariat in accordance with

the relevant operational manual for the performance, on contract to the Organization

and on a fee-for-service basis, of the analysis of samples from radionuclide

monitoring stations. Laboratories specified in Table 2-B of Annex 1 to this Protocol,

and appropriately equipped, shall, as required, also be drawn upon by the Technical

Secretariat to perform additional analysis of samples from radionuclide monitoring

stations. With the agreement of the Executive Council, further laboratories may be

certified by the Technical Secretariat to perform the routine analysis of samples from

manual monitoring stations where necessary. All certified laboratories shall provide

the results of such analysis to the International Data Centre, and in so doing shall

fulfil the technical and operational requirements specified in the Operational Manual

on Radionuclide Monitoring and the International Exchange of Radionuclide Data.

D. HYDROACOUSTIC MONTTORING

12. Each State Party undertakes to cooperate in an international exchange of

hydroacoustic data to assist in the verification of compliance with this Treaty. This

cooperation shall include the establishment and operation of a global network of

hydroacoustic monitoring stations. These stations shall provide data in accordance

with agreed procedures to the International Data Centre.

13. The network of hydroacoustic stations shall consist of the stations specified

in Table 3 of Annex 1 to this Protocol, and shall comprise an overall network of six

hydrophone and five T-phase stations. These stations shall fulfil the technical and

operational requirements specified in the Operational Manual for Hydroacoustic

Monitoring and the International Exchange of Hydroacoustic Data.

E. INFRASOUND MONITORING

14. Each State Party undertakes to cooperate in an international exchange of

infrasound data to assist in the verification of compliance with this Treaty. This

cooperation shall include the establishment and operation of a global network of

infrasound monitoring stations. These stations shall provide data in accordance with

agreed procedures to the International Data Centre.

15. The network of infrasound stations shall consist of the stations specified in

Table 4 of Annex 1 to this Protocol, and shall comprise an overall network of 60

stations. These stations shall fulfil the technical and operational requirements

specified in the Operational Manual for Infrasound Monitoring and the International

Exchange of Infrasound Data.

F. INTERNATIONAL DATA CENTRE FUNCTIONS

16. The Internationa1 Data Centre shall receive, collect, process, analyse, report

on and archive data from International Monitoring System facilities, including the

results of analysis conducted at certified laboratories.

17. The procedures and standard event screening criteria to be used by the

International Data Centre in carrying out its agreed functions, in particular for the

production of standard reporting products and for the performance of a standard

range of services for States Parties, shall be elaborated in the Operational Manual for

the International Data Centre and shall be progressively developed. The procedures

and criteria developed initially by the Preparatory Commission shall be approved by

the Conference at its initial session.

International Data Centre standard products

18. The International Data Centre shall apply on a routine basis automatic

processing methods and interactive human analysis to raw International Monitoring

System data in order to produce and archive standard Internationa1 Data Centre

products on behalf of all States Parties. These products shall be provided at no cost

to States Parties and shall be without prejudice to final judgements with regard to the

nature of any event, which shall remain the responsibility of States Parties, and shall

include

(a) Integrated lists of all signals detected by the International Monitoring

System, as well as standard event lists and bulletins, including the

values and associated uncertainties calculated for each event located by

the International Data Centre, based on a set of standard parameters;

(b) Standard screened event bulletins that result from the application to

each event by the International Data Centre of standard event screening

criteria, making use of the characterization parameters specified in

Annex 2 to this Protocol, with the objective of characterizing,

highlighting in the standard event bulletin, and thereby screening out,

events considered to be consistent with natural phenomena or non-

nuclear, man-made phenomena. The standard event bulletin shall

indicate numerically for each event the degree to which that event meets

or does not meet the event screening criteria. In applying standard event

screening, the International Data Centre shall use both global and

supplementary screening criteria to take account of regional variations

where applicable. The International Data Centre shall progressively

COMPREHENSIVE NUCLEAR-TEST BAN TREATY

enhance its technical capabilities as experience is gained in the

operation of the Internationa1 Monitoring System;

(c) Executive summaries, which summarize the data acquired and archived

by the Internationa1 Data Centre, the products of the International Data

Centre, and the performance and operational status of the International

Monitoring System and International Data Centre; and

(d) Extracts or subsets of the standard Internationa1 Data Centre products

specified in sub-paragraphs (a) to (c), selected according to the request

of an individual State Party.

19. The International Data Centre shall carry out, at no cost to States Parties,

special studies to provide in-depth, technical review by expert analysis of data from

the Internationa1 Monitoring System, if requested by the Organization or by a State

Party, to improve the estimated values for the standard signal and event parameters.

International Data Centre services to States Parties

20. The International Data Centre shall provide States Parties with open, equal,

timely and convenient access to all International Monitoring System data, raw or

processed, all International Data Centre products, and all other International

Monitoring System data in the archive of the Internationa1 Data Centre or, through

the International Data Centre, of International Monitoring System facilities. The

methods for supporting data access and the provision of data shall include the

following services

(a) Automatic and regular forwarding to a State Party of the products of the

International Data Centre or the selection by the State Party thereof,

and, as requested, the selection by the State Party of International

Monitoring System data;

(b) The provision of the data or products generated in response to ad hoc

requests by States Parties for the retrieval from the International Data

Centre and International Monitoring System facility archives of data

and products, including interactive electronic access to the International

Data Centre database; and

(c) Assisting individual States Parties, at their request and at no cost for

reasonable efforts, with expert technical analysis of International

Monitoring System data and other relevant data provided by the

requesting State Party, in order to help the State Party concerned to

identify the source of specific events. The output of any such technical

analysis shall be considered a product of the requesting State Party, but

shall be available to all States Parties.

The International Data Centre services specified in sub-paragraphs (a) and

(b) shall be made available at no cost to each State Party. The volumes and formats

of data shall be set out in the Operational Manual for the International Data Centre.

National event screening

21. The International Data Centre shall, if requested by a State Party, apply to

any of its standard products, on a regular and automatic basis, national event

screening criteria established by that State Party, and provide the results of such

analysis to that State Party. This service shall be undertaken at no cost to the

requesting State Party. The output of such national event screening processes shall

be considered a product of the requesting State Party.

Technical assistance

22. The International Data Centre shall, where required, provide technical

assistance to individual States Parties

(a) In formulating their requirements for selection and screening of data

and products;

(b) By installing at the International Data Centre, at no cost to a requesting

State Party for reasonable efforts, computer algorithms or software

provided by that State Party to compute new signal and event

parameters that are not included in the Operational Manual for the

International Data Centre, the output being considered products of the

requesting State Party; and

(c) By assisting States Parties to develop the capability to receive, process

and analyse International Monitoring System data at a national data

centre.

23. The International Data Centre shall continuously monitor and report on the

operational status of the International Monitoring System facilities, of

communications links, and of its own processing systems. It shall provide immediate

notification to those responsible should the operational performance of any

component fail to meet agreed levels set out in the relevant operational manual.

PART II

ON-SITE INSPECTIONS

A. GENERAL PROVISIONS

1. The procedures in this Part shall be implemented pursuant to the provisions

for on-site inspections set out in Article IV.

2. The on-site inspection shall be carried out in the area where the event that

triggered the on-site inspection request occurred.

3. The area of an on-site inspection shall be continuous and its size shall not

exceed 1,000 square kilometres. There shall be no linear distance greater than 50

kilometres in any direction.

4. The duration of an on-site inspection shall not exceed 60 days from the date

of the approval of the on-site inspection request in accordance with Article IV,

paragraph 46, but may be extended by a maximum of 70 days in accordance with

Article IV, paragraph 49.

5. If the inspection area specified in the inspection mandate extends to the

territory or other place under the jurisdiction or control of more than one State Party,

the provisions on on-site inspections shall, as appropriate, apply to each of the States

Parties to which the inspection area extends.

6. In cases where the inspection area is under the jurisdiction or control of the

inspected State Party but is located on the territory of another State Party or where

the access from the point of entry to the inspection area requires transit through the

territory of a State Party other than the inspected State Party, the inspected State

Party shall exercise the rights and fulfil the obligations concerning such inspections

in accordance with this Protocol. In such a case, the State Party on whose territory

the inspection area is located shall facilitate the inspection and shall provide for the

necessary support to enable the inspection team to carry out its tasks in a timely and

effective manner. States Parties through whose territory transit is required to reach

the inspection area shall facilitate such transit.

7. In cases where the inspection area is under the jurisdiction or control of the

inspected State Party but is located on the territory of a State not Party to this Treaty,

the inspected State Party shall take all necessary measures to ensure that the

inspection can be carried out in accordance with this Protocol. A State Party that has

under its jurisdiction or control one or more areas on the territory of a State not Party

to this Treaty shall take all necessary measures to ensure acceptance by the State on

whose territory the inspection area is located of inspectors and inspection assistants

designated to that State Party. If an inspected State Party is unable to ensure access,

it shall demonstrate that it took all necessary measures to ensure access.

8. In cases where the inspection area is located on the territory of a State Party

but is under the jurisdiction or control of a State not Party to this Treaty, the State

Party shall take all necessary measures required of an inspected State Party and a

State Party on whose territory the inspection area is located, without prejudice to the

rules and practices of international law, to ensure that the on-site inspection can be

carried out in accordance with this Protocol. If the State Party is unable to ensure

access to the inspection area, it shall demonstrate that it took all necessary measures

to ensure access, without prejudice to the rules and practices of international law.

9. The size of the inspection team shall be kept to the minimum necessary for

the proper fulfilment of the inspection mandate. The total number of members of the

inspection team present on the territory of the inspected State Party at any given

time, except during the conduct of drilling, shall not exceed 40 persons. No national

of the requesting State Party or the inspected State Party shall be a member of the

inspection team.

10. The Director-General shall determine the size of the inspection team and

select its members from the list of inspectors and inspection assistants, taking into

account the circumstances of a particular request.

11. The inspected State Party shall provide for or arrange the amenities

necessary for the inspection team, such as communication means, interpretation

services, transportation, working space, lodging, meals, and medical care.

12. The inspected State Party shall be reimbursed by the Organization, in a

reasonably short period of time after conclusion of the inspection, for all expenses,

including those mentioned in paragraphs 11 and 49, related to the stay and functional

activities of the inspection team on the territory of the inspected State Party.

13. Procedures for the implementation of on-site inspections shall be detailed in

the Operational Manual for On-Site Inspections.

B. STANDING ARRANGEMENTS

Designation of Inspectors and Inspection Assistants

14. An inspection team may consist of inspectors and inspection assistants. An

on-site inspection shall only be carried out by qualified inspectors specially

designated for this function. They may be assisted by specially designated inspection

assistants, such as technical and administrative personnel, aircrew and interpreters.

15. Inspectors and inspection assistants shall be nominated for designation by

the States Parties or, in the case of staff of the Technical Secretariat, by the Director-

General, on the basis of their expertise and experience relevant to the purpose and

functions of on-site inspections. The nominees shall be approved in advance by the

States Parties in accordance with paragraph 18.

16. Each State Party, no later than 30 days after the entry into force of this

Treaty for it, shall notify the Director-General of the names, dates of birth, sex,

ranks, qualifications and professional experience of the persons proposed by the

State Party for designation as inspectors and inspection assistants.

17. No later than 60 days after the entry into force of this Treaty, the Technical

Secretariat shall communicate in writing to all States Parties an initial list of the

names, nationalities, dates of birth, sex and ranks of the inspectors and inspection

assistants proposed for designation by the Director-General and the States Parties, as

well as a description of their qualifications and professional experience.

18. Each State Party shall immediately acknowledge receipt of the initial list of

inspectors and inspection assistants proposed for designation. Any inspector or

inspection assistant included in this list shall be regarded as accepted unless a State

Party, no later than 30 days after acknowledgment of receipt of the list, declares its

non-acceptance in writing. The State Party may include the reason for the objection.

In the case of non-acceptance, the proposed inspector or inspection assistant shall

not undertake or participate in on-site inspection activities on the territory or in any

other place under the jurisdiction or control of the State Party that has declared its

non-acceptance. The Technical Secretariat shall immediately confirm receipt of the

notification of objection.

19. Whenever additions or changes to the list of inspectors and inspection

assistants are proposed by the Director-General or a State Party, replacement

inspectors and inspection assistants shall be designated in the same manner as set

forth with respect to the initial list. Each State Party shall promptly notify the

Technical Secretariat if an inspector or inspection assistant nominated by it can no

longer fulfil the duties of an inspector or inspection assistant.

20. The Technical Secretariat shall keep the list of inspectors and inspection

assistants up to date and notify all States Parties of any additions or changes to the

list.

21. A State Party requesting an on-site inspection may propose that an inspector

from the list of inspectors and inspection assistants serve as its observer in

accordance with Article IV, paragraph 61.

22. Subject to paragraph 23, a State Party shall have the right at any time to

object to an inspector or inspection assistant who has already been accepted. It shall

notify the Technical Secretariat of its objection in writing and may include the

reason for the objection. Such objection shall come into effect 30 days after receipt

of the notification by the Technical Secretariat. The Technical Secretariat shall

immediately confirm receipt of the notification of the objection and inform the

objecting and nominating States Parties of the date on which the inspector or

inspection assistant shall cease to be designated for that State Party.

23. A State Party that has been notified of an inspection shall not seek the

removal from the inspection team of any of the inspectors or inspection assistants

named in the inspection mandate.

24. The number of inspectors and inspection assistants accepted by a State Party

must be sufficient to allow for availability of appropriate numbers of inspectors and

inspection assistants. If, in the opinion of the Director-General, the non-acceptance

by a State Party of proposed inspectors or inspection assistants impedes the

designation of a sufficient number of inspectors and inspection assistants or

otherwise hampers the effective fulfilment of the purposes of an on-site inspection,

the Director-General shall refer the issue to the Executive Council.

25. Each inspector included in the list of inspectors and inspection assistants

shall receive relevant training. Such training shall be provided by the Technical

Secretariat pursuant to the procedures specified in the Operational Manual for On-

Site Inspections. The Technical Secretariat shall to-ordinate, in agreement with the

States Parties, a schedule of training for the inspectors.

Privileges and Immunities

26. Following acceptance of the initial list of inspectors and inspection

assistants as provided for in paragraph 18 or as subsequently altered in accordance

with paragraph 19, each State Party shall be obliged to issue, in accordance with its

national procedures and upon application by an inspector or inspection assistant,

multiple entry/exit and/or transit visas and other relevant documents to enable each

inspector and inspection assistant to enter and to remain on the territory of that State

Party for the sole purpose of carrying out inspection activities. Each State Party shall

issue the necessary visa or travel documents for this purpose no later than 48 hours

after receipt of the application or immediately upon arrival of the inspection team at

the point of entry on the territory of the State Party. Such documents shall be valid

for as long as is necessary to enable the inspector or inspection assistant to remain on

the territory of the inspected State Party for the sole purpose of carrying out the

inspection activities.

27. To exercise their functions effectively, members of the inspection team shall

be accorded privileges and immunities as set forth in sub-paragraphs (a) to (l).

Privileges and immunities shall be granted to members of the inspection team for the

sake of this Treaty and not for the personal benefit of the individuals themselves.

Such privileges and immunities shall be accorded to them for the entire period

between arrival on and departure from the territory of the inspected State Party, and

thereafter with respect to acts previously performed in the exercise of their official

functions.

(a) The members of the inspection team shall be accorded the inviolability

enjoyed by diplomatic agents pursuant to Article 29 of the Vienna

Convention on Diplomatic Relations of 18 April 1961;

(b) The living quarters and office premises occupied by the inspection team

carrying out inspection activities pursuant to this Treaty shall be

accorded the inviolability and protection accorded to the premises of

diplomatic agents pursuant to Article 30, paragraph 1, of the Vienna

Convention on Diplomatic Relations;

(c) The papers and correspondence, including records, of the inspection

team shall enjoy the inviolability accorded to all papers and

correspondence of diplomatic agents pursuant to Article 30, paragraph

2, of the Vienna Convention on Diplomatic Relations. The inspection

team shall have the right to use codes for their communications with the

Technical Secretariat;

(d) Samples and approved equipment carried by members of the inspection

team shall be inviolable subject to provisions contained in this Treaty

and exempt from all customs duties. Hazardous samples shall be

transported in accordance with relevant regulations;

(e) The members of the inspection team shall be accorded the immunities

accorded to diplomatic agents pursuant to Article 31, paragraphs 1, 2

and 3, of the Vienna Convention on Diplomatic Relations;

(f)

The members of the inspection team carrying out prescribed activities

pursuant to this Treaty shall be accorded the exemption from dues and

taxes accorded to diplomatic agents pursuant to Article 34 of the Vienna

Convention on Diplomatic Relations;

(g) The members of the inspection team shall be permitted to bring into the

territory of the inspected State Party, without payment of any customs

duties or related charges, articles for personal use, with the exception of

articles the import or export of which is prohibited by law or controlled

by quarantine regulations;

(h) The members of the inspection team shall be accorded the same

currency and exchange facilities as are accorded to representatives of

foreign Governments on temporary official missions; and

(i)

The members of the inspection team shall not engage in any

professional or commercial activity for personal profit on the territory

of the inspected State Party.

28. When transiting the territory of States Parties other than the inspected State

Party, the members of the inspection team shall be accorded the privileges and

immunities enjoyed by diplomatic agents pursuant to Article 40, paragraph 1, of the

Vienna Convention on Diplomatic Relations. Papers and correspondence, including

records, and samples and approved equipment carried by them, shall be accorded the

privileges and immunities set forth in paragraph 27 (c) and (d).

29. Without prejudice to their privileges and immunities the members of the

inspection team shall be obliged to respect the laws and regulations of the inspected

State Party and, to the extent that is consistent with the inspection mandate, shall be

obliged not to interfere in the internal affairs of that State. If the inspected State

Party considers that there has been an abuse of privileges and immunities specified

in this Protocol, consultations shall be held between the State Party and the Director-

General to determine whether such an abuse has occurred and, if so determined, to

prevent a repetition of such an abuse.

30. The immunity from jurisdiction of members of the inspection team may be

waived by the Director-General in those cases when the Director-General is of the

opinion that immunity would impede the course of justice and that it can be waived

without prejudice to the implementation of the provisions of this Treaty. Waiver

must always be express.

31. Observers shall be accorded the same privileges and immunities accorded to

members of the inspection team pursuant to this section, except for those accorded

pursuant to paragraph 27 (d).

Points of Entry

32. Each State Party shall designate its points of entry and shall supply the

required information to the Technical Secretariat no later than 30 days after this

Treaty enters into force for it. These points of entry shall be such that the inspection

team can reach any inspection area from at least one point of entry within 24 hours.

Locations of points of entry shall be provided to all States Parties by the Technical

Secretariat. Points of entry may also serve as points of exit.

33. Each State Party may change its points of entry by giving notice of such

change to the Technical Secretariat. Changes shall become effective 30 days after the

Technical Secretariat receives such notification, to allow appropriate notification to

all States Parties.

34. If the Technical Secretariat considers that there are insufficient points of

entry for the timely conduct of inspections or that changes to the points of entry

proposed by a State Party would hamper such timely conduct of inspections, it shall

enter into consultations with the State Party concerned to resolve the problem.

Arrangements for Use of Non-Scheduled Aircraft

35. Where timely travel to the point of entry is not feasible using scheduled

commercial flights, an inspection team may utilize non-scheduled aircraft. No later

than 30 days after this Treaty enters into force for it, each State Party shall inform

the Technical Secretariat of the standing diplomatic clearance number for non-

scheduled aircraft transporting an inspection team and equipment necessary for

inspection. Aircraft routings shall be along established international airways that are

agreed upon between the State Party and the Technical Secretariat as the basis for

such diplomatic clearance.

Approved Inspection Equipment

36. The Conference, at its initial session, shall consider and approve a list of

equipment for use during on-site inspections. Each State Party may submit proposals

for the inclusion of equipment in the list. Specifications for the use of the equipment,

as detailed in the Operational Manual for On-Site Inspections, shall take account of

safety and confidentiality considerations where such equipment is likely to be used.

37. The equipment for use during on-site inspections shall consist of core

equipment for the inspection activities and techniques specified in paragraph 69 and

auxiliary equipment necessary for the effective and timely conduct of on-site

inspections.

38. The Technical Secretariat shall ensure that all types of approved equipment

are available for on-site inspections when required. When required for an on-site

inspection, the Technical Secretariat shall duly certify that the equipment has been

calibrated, maintained and protected. To facilitate the checking of the equipment at

the point of entry by the inspected State Party, the Technical Secretariat shall provide

documentation and attach seals to authenticate the certification.

39. Any permanently held equipment shall be in the custody of the Technical

Secretariat. The Technical Secretariat shall be responsible for the maintenance and

calibration of such equipment.

40. As appropriate, the Technical Secretariat shall make arrangements with

States Parties to provide equipment mentioned in the list. Such States Parties shall be

responsible for the maintenance and calibration of such equipment.

C. ON-SITE INSPECTION REQUEST, INSPECTION MANDATE

AND NOTIFICATION OF INSPECTION

On-Site Inspection Request

41. Pursuant to Article IV, paragraph 37, the on-site inspection request shall

contain at least the following information

(a) The estimated geographical and vertical coordinates of the location of

the event that triggered the request with an indication of the possible

margin of error;

(b) The proposed boundaries of the area to be inspected, specified on a map

and in accordance with paragraphs 2 and 3;

(c) The State Party or States Parties to be inspected or an indication that the

area to be inspected or part thereof is beyond the jurisdiction or control

of any State;

(d) The probable environment of the event that triggered the request;

(e) The estimated time of the event that triggered the request with

indication of the possible margin of error;

(f)

All data upon which the request is based;

(g) The personal details of the proposed observer, if any; and

(h) The results of a consultation and clarification process in accordance

with Article IV, or an explanation, if relevant, of the reasons why such a

consultation and clarification process has not been earned out.

Inspection Mandate

42. The mandate for an on-site inspection shall contain

(a) The decision of the Executive Council on the on-site inspection request;

(b) The name of the State Party or States Parties to be inspected or an

indication that the inspection area or part thereof is beyond the

jurisdiction or control of any State;

(c) The location and boundaries of the inspection area specified on a map,

taking into account all information on which the request was based and

all other available technical information, in consultation with the

requesting State Party;

(d) The planned types of activity of the inspection team in the inspection

area;

(e) The point of entry to be used by the inspection team;

(f)

Any transit or basing points, as appropriate;

(g) The name of the head of the inspection team;

(h) The names of members of the inspection team;

(i)

The name of the proposed observer, if any; and

(j)

The list of equipment to be used in the inspection area.

If a decision by the Executive Council pursuant to Article IV, paragraphs 46

to 49, necessitates a modification of the inspection mandate, the Director-General

may update the mandate with respect to sub-paragraphs (d), (h) and (j), as

appropriate. The Director-General shall immediately notify the inspected State Party

of any such modification.

Notification of Inspection

43. The notification made by the Director-General pursuant to Article IV,

paragraph 55 shall include the following information

(a) The inspection mandate;

(b) The date and estimated time of arrival of the inspection team at the

point of entry;

(c) The means of arrival at the point of entry;

(d) If appropriate, the standing diplomatic clearance number for non-

scheduled aircraft; and

(e) A list of any equipment which the Director-General requests the

inspected State Party to make available to the inspection team for use in

the inspection area.

44. The inspected State Party shall acknowledge receipt of the notification by

the Director-General no later than 12 hours after having received the notification.

D. PRE-INSPECTION ACTIVITIES

Entry into the Territory of the Inspected State Party, Activities at the Point of Entry

and Transfer to the Inspection Area

45. The inspected State Party that has been notified of the arrival of the

inspection team shall ensure the immediate entry of the inspection team into its

territory.

46. When a non-scheduled aircraft is used for travel to the point of entry, the

Technical Secretariat shall provide the inspected State Party with a flight plan,

through the National Authority, for the flight of the aircraft from the last airfield

prior to entering the airspace of that State Party to the point of entry, no less than six

hours before the scheduled departure time from that airfield. Such a plan shall be

filed in accordance with the procedures of the International Civil Aviation

Organization applicable to civil aircraft. The Technical Secretariat shall include in

the remarks section of the flight plan the standing diplomatic clearance number and

the appropriate notation identifying the aircraft as an inspection aircraft. If a military

aircraft is used, the Technical Secretariat shall request prior authorization from the

inspected State Party to enter its airspace.

47. No less than three hours before the scheduled departure of the inspection

team from the last airfield prior to entering the airspace of the inspected State Party,

the inspected State Party shall ensure that the flight plan filed in accordance with

paragraph 46 is approved, so that the inspection team may arrive at the point of entry

by the estimated arrival time.

48. Where necessary, the head of the inspection team and the representative of

the inspected State Party shall agree on a basing point and a flight plan from the

point of entry to the basing point and, if necessary, to the inspection area.

49. The inspected State Party shall provide for or arrange parking, security

protection, servicing and fuel as required by the Technical Secretariat for the aircraft

of the inspection team at the point of entry and, where necessary, at the basing point

and at the inspection area. Such aircraft shall not be liable for landing fees, departure

tax, and similar charges. This paragraph shall also apply to aircraft used for

overflight during the on-site inspection.

50. Subject to paragraph 51, there shall be no restriction by the inspected State

Party on the inspection team bringing approved equipment that is in conformity with

the inspection mandate into the territory of that State Party, or on its use in

accordance with the provisions of the Treaty and this Protocol.

51. The inspected State Party shall have the right, without prejudice to the time-

frame specified in paragraph 54, to check in the presence of inspection team

members at the point of entry that the equipment has been approved and certified in

accordance with paragraph 38. The inspected State Party may exclude equipment

that is not in conformity with the inspection mandate or that has not been approved

and certified in accordance with paragraph 38.

52. Immediately upon arrival at the point of entry and without prejudice to the

time-frame specified in paragraph 54, the head of the inspection team shall present

to the representative of the inspected State Party the inspection mandate and an

initial inspection plan prepared by the inspection team specifying the activities to be

carried out by it. The inspection team shall be briefed by representatives of the

inspected State Party with aid of maps and other documentation as appropriate. The

briefing shall include relevant natural terrain features, safety and confidentiality

issues, and logistical arrangements for the inspection. The inspected State Party may

indicate locations within the inspection area that, in its view, are not related to the

purpose of the inspection.

53. After the pre-inspection briefing, the inspection team shall, as appropriate,

modify the initial inspection plan, taking into account any comments by the

inspected State Party. The modified inspection plan shall be made available to the

representative of the inspected State Party.

54. The inspected State Party shall do everything in its power to provide

assistance and to ensure the safe conduct of the inspection team, the approved

equipment specified in paragraphs 50 and 51 and baggage from the point of entry to

the inspection area no later than 36 hours after arrival at the point of entry, if no

other timing has been agreed upon within the time-frame specified in paragraph 57.

55. To confirm that the area to which the inspection team has been transported

corresponds to the inspection area specified in the inspection mandate, the

inspection team shall have the right to use approved location-finding equipment. The

inspected State Party shall assist the inspection team in this task.

E. CONDUCT OF INSPECTIONS

General Rules

56. The inspection team shall discharge its functions in accordance with the

provisions for the Treaty and this Protocol.

57. The inspection team shall begin its inspection activities in the inspection

area as soon as possible, but in no case later than 72 hours after arrival at the point of

58. The activities of the inspection team shall be so arranged as to ensure the

timely and effective discharge of its functions and the least possible inconvenience

to the inspected State Party and disturbance to the inspection area.

59. In cases where the inspected State Party has been requested, pursuant to

paragraph 43 (e) or in the course of the inspection, to make available any equipment

for use by the inspection team in the inspection area, the inspected State Party shall

comply with the request to the extent it can.

60. During the on-site inspection the inspection team shall have, inter alia

(a) The right to determine how the inspection will proceed, consistent with

the inspection mandate and taking into account any steps taken by the

inspected State Party consistent with the provisions on managed access;

(b) The right to modify the inspection plan, as necessary, to ensure the

effective execution of the inspection;

(c) The obligation to take into account the recommendations and suggested

modifications by the inspected State Party to the inspection plan;

(d) The right to request clarifications in connection with ambiguities that

may arise during the inspection;

(e) The obligation to use only those techniques specified in paragraph 69

and to refrain from activities that are not relevant to the purpose of the

inspection. The team shall collect and document such facts as are

related to the purpose of the inspection, but shall neither seek nor

document information that is clearly unrelated thereto. Any material

collected and subsequently found not to be relevant shall be returned to

the inspected State Party;

(f)

The obligation to take into account and include in its report date and

explanations on the nature of the event that triggered the request,

provided by the inspected State Party from the national monitoring

networks of the inspected State Party and from other sources;

(g) The obligation to provide the inspected State Party, at its request, with

copies of the information and data collected in the inspection area; and

(h) The obligation to respect the confidentiality and the safety and health

regulations of the inspected State Party.

61. During the on-site inspection the inspected State Party shall have, inter alia

(a) The right to make recommendations at any time to the inspection team

COMPREHENSIVE NUCLEAR-TEST BAN TREATY

regarding possible modification of the inspection plan;

(b) The right and the obligation to provide a representative to liaise with the

inspection team;

(c) The right to have representatives accompany the inspection team during

the performance of its duties and observe all inspection activities

carried out by the inspection team. This shall not delay or otherwise

hinder the inspection team in the exercise of its functions;

(d) The right to provide additional information and to request the collection

and documentation of additional facts it believes are relevant to the

inspection;

(e) The right to examine all photographic and measurement products as

well as samples and to retain any photographs or parts thereof showing

sensitive sites not related to the purpose of the inspection. The inspected

State Party shall have the right to receive duplicate copies of all

photographic and measurement products. The inspected State Party

shall have the right to retain photographic originals and first-generation

photographic products and to put photographs or parts thereof

underjoint seal within its territory. The inspected State Party shall have

the right to provide its own camera operator to take still/video

photographs as requested by the inspection team. Otherwise, these

functions shall be performed by members of the inspection team;

(f)

The right to provide the inspection team, from its national monitoring

networks and from other sources, with data and explanations on the

nature of the event that triggered the request; and

(g) The obligation to provide the inspection team with such clarification as

may be necessary to resolve any ambiguities that arise during the

inspection.

Communications

62. The members of the inspection team shall have the right at all times during

the on-site inspection to communicate with each other and with the Technical

Secretariat. For this purpose they may use their own duly approved and certified

equipment with the consent of the inspected State Party to the extent that the

inspected State Party does not provide them with access to other

telecommunications.

Observer

63. In accordance with Article IV, paragraph 61, the requesting State Party shall

liaise with the Technical Secretariat to co-ordinate the arrival of the observer at the

same point of entry or basing point as the inspection team within a reasonable period

of the arrival of the inspection team.

64. The observer shall have the right throughout the inspection to be in

communication with the embassy of the requesting State Party located in the

inspected State Party or, in the case of absence of an embassy, with the requesting

State Party itself.

65. The observer shall have the right to arrive at the inspection area and to have

access to and within the inspection area as granted by the inspected State Party.

66. The observer shall have the right to make recommendations to the inspection

team throughout the inspection.

67. Throughout the inspection, the inspection team shall keep the observer

informed about the conduct of the inspection and the findings.

68. Throughout the inspection, the inspected State Party shall provide or arrange

for the amenities necessary for the observer similar to those enjoyed by the

inspection team as described in paragraph 11. All costs in connection with the stay of

the observer on the territory of the inspected State Party shall be borne by the

requesting State Party.

Inspection Activities and Techniques

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The following inspection activities may be conducted and techniques used,

in accordance with the provisions on managed access, on collection, handling and

analysis of samples, and on overflights

(a) Position finding from the air and at the surface to confirm the

boundaries of the inspection area and establish coordinates of locations

therein, in support of the inspection activities;

(b) Visual observation, video and still photography and multi-spectral

imaging, including infrared measurements, at and below the surface,

and from the air, to search for anomalies or artifacts;

(c) Measurement of levels of radioactivity above, at and below the surface,

using gamma radiation monitoring and energy resolution analysis from

the air, and at or under the surface, to search for and identify radiation

anomalies;

(d) Environmental sampling and analysis of solids, liquids and gases from

above, at and below the surface to detect anomalies;

(e) Passive seismological monitoring for aftershocks to localize the search

area and facilitate determination of the nature of an event;

(f)

Resonance seismometry and active seismic surveys to search for and

locate underground anomalies, including cavities and rubble zones;

(g) Magnetic and gravitational field mapping, ground penetrating radar and

electrical conductivity measurements at the surface and from the air, as

appropriate, to detect anomalies or artifacts; and

(h) Drilling to obtain radioactive samples.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Up to 25 days after the approval of the on-site inspection in accordance with

Article IV, paragraph 46, the inspection team shall have the right to conduct any of

the activities and use any of the techniques listed in paragraph 69 (a) to (e).

Following the approval of the continuation of the inspection in accordance with

Article IV, paragraph 47, the inspection team shall have the right to conduct any of

the activities and use any of the techniques listed in paragraph 69 (a) to (g). The

inspection team shall only conduct drilling after the approval of the Executive

Council in accordance with Article IV, paragraph 48. If the inspection team requests

an extension of the inspection duration in accordance with Article IV, paragraph 49,

it shall indicate in its request which of the activities and techniques listed in

paragraph 69 it intends to carry out in order to be able to fulfil its mandate.

Overflights

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The inspection team shall have the right to conduct an overflight over the

inspection area during the on-site inspection for the purposes of providing the

inspection team with a general orientation of the inspection area, narrowing down

and optimizing the locations for ground-based inspection and facilitating the

collection of factual evidence, using equipment specified in paragraph 79.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The overflight shall be conducted as soon as practically possible. The total

duration of the overflight over the inspection area shall be no more than 12 hours.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Additional overflights using equipment specified in paragraphs 79 and 80

may be conducted subject to the agreement of the inspected State Party.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The area to be covered by overflights shall not extend beyond the inspection

area.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The inspected State Party shall have the right to impose restrictions or, in

exceptional cases and with reasonable justification, prohibitions on the overflight of

sensitive sites not related to the purpose of the inspection. Restrictions may relate to

the flight altitude, the number of passes and circling, the duration of hovering, the

type of aircraft, the number of inspectors on board, and the type of measurements or

observations. If the inspection team considers that the restrictions or prohibitions on

the overflight of sensitive sites may impede the fulfilment of its mandate, the

inspected State Party shall make every reasonable effort to provide alternative means

of inspection.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Overflights shall be conducted according to a flight plan duly filed and

approved in accordance with aviation rules and regulations of the inspected State

Party. Flight safety regulations of the inspected State Party shall be strictly observed

throughout all flying operations.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

During overflights landing should normally be authorized only for purposes

of staging or refuelling.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Overflights shall be conducted at altitudes as requested by the inspection

team consistent with the activities to be conducted, visibility conditions, as well as

the aviation and the safety regulations of the inspected State Party and its right to

protect sensitive information not related to the purposes of the inspection.

Overflights shall be conducted up to a maximum altitude of 1,500 metres above the

surface.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

For the overflight conducted pursuant to paragraphs 71 and 72, the

following equipment may be used on board the aircraft

(a) Field glasses;

(b) Passive location-finding equipment;

(c) Video cameras; and

(d) Hand-held still cameras.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

For any additional overflights conducted pursuant to paragraph 73,

inspectors on board the aircraft may also use portable, easily installed equipment for

(a) Multi-spectral (including infrared) imagery;

(b) Gamma spectroscopy; and

(c) Magnetic field mapping.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Overflights shall be conducted with a relatively slow fixed or rotary wing

aircraft. The aircraft shall afford a broad, unobstructed view of the surface below.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The inspected State Party shall have the right to provide its own aircraft,

pre-equipped as appropriate in accordance with the technical requirements of the

relevant operational manual, and crew. Otherwise, the aircraft shall be provided or

rented by the Technical Secretariat.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

If the aircraft is provided or rented by the Technical Secretariat, the

inspected State Party shall have the right to check the aircraft to ensure that it is

equipped with approved inspection equipment. Such checking shall be completed

within the time-frame specified in paragraph 57.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Personnel on board the aircraft shall consist of

(a) The minimum number of flight crew consistent with the safe operation

of the aircraft;

(b) Up to four members of the inspection team;

(c) Up to two representatives of the inspected State Party;

(d) An observer, if any, subject to the agreement of the inspected State

Party; and

(e) An interpreter, if necessary.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Procedures for the implementation of overflights shall be detailed in the

Operational Manual for On-Site Inspections.

Managed Access

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The inspection team shall have the right to access the inspection area in

accordance with the provisions of the Treaty and this Protocol.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The inspected State Party shall provide access within the inspection area in

accordance with the time-frame specified in paragraph 57.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Pursuant to Article IV, paragraph 57 and paragraph 86 above, the rights and

obligations of the inspected State Party shall include

(a) The right to take measures to protect sensitive installations and

locations in accordance with this Protocol;

(b) The obligation, when access is restricted within the inspection area, to

make every reasonable effort to satisfy the requirements of the

inspection mandate through alternative means. Resolving any questions

regarding one or more aspects of the inspection shall not delay or

interfere with the conduct of the inspection team of other aspects of the

inspection; and

(c) The right to make the final decision regarding any access of the

inspection team, taking into account its obligations under this Treaty

and the provisions on managed access.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Pursuant to Article IV, paragraph 57 (b) and paragraph 88 (a) above, the

inspected State Party shall have the right throughout the inspection area to take

measures to protect sensitive installations and locations and to prevent disclosure of

confidential information not related to the purpose of the inspection. Such measures

may include, inter alia

(a) Shrouding of sensitive displays, stores, and equipment;

(b) Restricting measurements of radionuclide activity and nuclear radiation

to determining the presence or absence of those types and energies of

radiation relevant to the purpose of the inspection;

(c) Restricting the taking of or analysing of samples to determining the

presence or absence of radioactive or other products relevant to the

purpose of the inspection;

(d) Managing access to buildings and other structures in accordance with

paragraphs 90 and 91; and

(e) Declaring restricted-access sites in accordance with paragraphs 92 to

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

90. Access to buildings and other structures shall be deferred until after the

approval of the continuation of the on-site inspection in accordance with Article IV,

paragraph 47, except for access to buildings and other structures housing the

entrance to a mine, other excavations, or caverns of large volume not otherwise

accessible. For such buildings and structures, the inspection team shall have the right

only of transit, as directed by the inspected State Party, in order to enter such mines,

caverns or other excavations.

91. If, following the approval of the continuation of the inspection in

accordance with Article IV, paragraph 47, the inspection team demonstrates credibly

to the inspected State Party that access to buildings and other structures is necessary

to fulfil the inspection mandate and that the necessary activities authorized in the

mandate could not be carried out from the outside, the inspection team shall have the

right to gain access to such buildings or other structures. The head of the inspection

team shall request access to a specific building or structure indicating the purpose of

such access, the specific number of inspectors, as well as the intended activities. The

modalities for access shall be subject to negotiation between the inspection team and

the inspected State Party. The inspected State Party shall have the right to impose

restrictions or, in exceptional cases and with reasonable justification, prohibitions,

on the access to buildings and other structures.

92. When restricted-access sites are declared pursuant to paragraph 89 (e), each

such site shall be no larger than 4 square kilometres. The inspected State Party has

the right to declare up to 50 square kilometres of restricted-access sites. If more than

one restricted-access site is declared, each such site shall be separated from any

other such site by a minimum distance of 20 metres. Each restricted-access site shall

have clearly defined and accessible boundaries.

93. The size, location, and boundaries of restricted-access sites shall be

presented to the head of the inspection team no later than the time that the inspection

team seeks access to a location that contains all or part of such a site.

94. The inspection team shall have the right to place equipment and take other

steps necessary to conduct its inspection up to the boundary of a restricted-access

site.

95. The inspection team shall be permitted to observe visually all open places

within the restricted-access site from the boundary of the site.

96. The inspection team shall make every reasonable effort to fulfil the

inspection mandate outside the declared restricted-access sites prior to requesting

access to such sites. If at any time the inspection team demonstrates credibly to the

inspected State Party that the necessary activities authorized in the mandate could

not be carried out from the outside and that access to a restricted-access site is

necessary to fulfil the mandate, some members of the inspection team shall be

granted access to accomplish specific tasks within the site. The inspected State Party

shall have the right to shroud or otherwise protect sensitive equipment, objects and

materials not related to the purpose of the inspection. The number of inspectors shall

be kept to the minimum necessary to complete the tasks related to the inspection.

The modalities for such access shall be subject to negotiation between the inspection

team and the inspected State Party.

Collection, Handling and Analysis of Samples

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Subject to paragraphs 86 to 96 and 98 to 100, the inspection team shall have

the right to collect and remove relevant samples from the inspection area.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Whenever possible, the inspection team shall analyse samples on-site.

Representatives of the inspected State Party shall have the right to be present when

samples are analysed on-site. At the request of the inspection team, the inspected

State Party shall, in accordance with agreed procedures, provide assistance for the

analysis of samples on-site. The inspection team shall have the right to transfer

samples for off site analysis at laboratories designated by the Organization only if it

demonstrates that the necessary sample analysis cannot be performed on-site.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The inspected State Party shall have the right to retain portions of all

samples collected when these samples are analysed and may take duplicate samples.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The inspected State Party shall have the right to request that any unused

samples or portions thereof be returned.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The designated laboratories shall conduct chemical and physical analysis of

the samples transferred for off-site analysis. Details of such analysis shall be

elaborated in the Operational Manual for On-Site Inspections.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Director-General shall have the primary responsibility for the security,

integrity and preservation of samples and for ensuring that the confidentiality of

samples transferred for off site analysis is protected. The Director-General shall do

so in accordance with procedures contained in the Operational Manual for On-Site

Inspections. The Director-General shall in any case

(a) Establish a stringent regime governing the collection, handling,

transport and analysis of samples;

(b) Certify the laboratories designated to perform different types of

analysis;

(c) Oversee the standardization of equipment and procedures at these

designated laboratories and of mobile analytical equipment and

procedures;

(d) Monitor quality control and overall standards in relation to the

certification of these laboratories and in relation to mobile equipment

and procedures; and

(e) Select from among the designated laboratories those which shall

perform analytical or other functions in relation to specific

investigations.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

When off site analysis is to be performed, samples shall be analysed in at

least two designated laboratories. The Technical Secretariat shall ensure the

expeditious processing of the analysis. The samples shall be accounted for by the

Technical Secretariat and any unused samples or portions thereof shall be returned to

the Technical Secretariat.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The Technical Secretariat shall compile the results of the laboratory analysis

of samples relevant to the purpose of the inspection. Pursuant to Article IV,

paragraph 63, the Director-General shall transmit any such results promptly to the

inspected State Party for comments and thereafter to the Executive Council and to all

other States Parties and shall include detailed information concerning the equipment

and methodology employed by the designated laboratories.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

In case of an on-site inspection in an area beyond the jurisdiction or control

of any State, the Director-General shall consult with the appropriate States Parties

and agree on any transit or basing points to facilitate a speedy arrival of the

inspection team in the inspection area.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

The States Parties on whose territory transit or basing points are located

shall, as far as possible, assist in facilitating the inspection, including transporting

the inspection team, its baggage and equipment to the inspection area, as well as

providing the relevant amenities specified in paragraph 11. The Organization shall

reimburse assisting States Parties for all costs incurred.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Subject to the approval of the Executive Council, the Director-General may

negotiate standing arrangements with States Parties to facilitate assistance in the

event of an on-site inspection in an area beyond the jurisdiction or control of any

State.

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

In cases where one or more States Parties have conducted an investigation of

an ambiguous event in an area beyond the jurisdiction or control of any State before

a request is made for an on-site inspection in that area, any results of such

investigation may be taken into account by the Executive Council in its deliberations

pursuant to Article IV.

Post-Inspection Procedures

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Upon conclusion of the inspection, the inspection team shall meet with the

representative of the inspected State Party to review the preliminary findings of the

inspection team and to clarify any ambiguities. The inspection team shall provide the

representative of the inspected State Party with its preliminary findings in written

form according to a standardized format, together with a list of any samples and

other material taken from the inspection area pursuant to paragraph 98. The

document shall be signed by the head of the inspection team. In order to indicate that

he or she has taken notice of the contents of the document, the representative of the

inspected State Party shall countersign the document. The meeting shall be

completed no later than 24 hours after the conclusion of the inspection.

Departure

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

Upon completion of the post-inspection procedures, the inspection team and

the observer shall leave, as soon as possible, the territory of the inspected State

Party. The inspected State Party shall do everything in its power to provide

assistance and to ensure the safe conduct of the inspection team, equipment and

baggage to the point of exit. Unless agreed otherwise by the inspected State Party

and the inspection team, the point of exit used shall be the same as the point of entry.

PART III

CONFIDENCE-BUILDING MEASURES

1. Pursuant to Article IV, paragraph 68, each State Party shall, on a voluntary

basis, provide the Technical Secretariat with notification of any chemical explosion

using 300 tonnes or greater of TNT-equivalent blasting material detonated as a single

explosion anywhere on its territory, or at any place under its jurisdiction or control.

If possible, such notification shall be provided in advance. Such notification shall

include details on location, time, quantity and type of explosive used, as well as on

the configuration and intended purpose of the blast.

2. Each State Party shall, on a voluntary basis, as soon as possible after the entry

into force of this Treaty provide to the Technical Secretariat, and at annual intervals

thereafter update, information related to its national use of all other chemical

explosions greater than 300 tonnes TNT-equivalent. In particular, the State Party

shall seek to advise

(a) The geographic locations of sites where the explosions originate;

(b) The nature of activities producing them and the general profile and

frequency of such explosions;

(c) Any other relevant detail, if available; and

to assist the Technical Secretariat in clarifying the origins of any such event detected

by the International Monitoring System.

3. A State Party may, on a voluntary and mutually acceptable basis, invite

representatives of the Technical Secretariat or of other States Parties to visit sites

within its territory referred to in paragraphs 1 and 2.

4. For the purpose of calibrating the International Monitoring System, States

Parties may liaise with the Technical Secretariat to carry out chemical calibration

explosions or to provide relevant information on chemical explosions planned for

other purposes.

ANNEX 1 TO THE PROTOCOL

Table 1-A List of Seismological Stations Comprising the Primary Network

State

Location

Latitude

Longitude

Type

Responsible for

Station

Argentina

PLCA

40.7 S

70.6 W

3-C

Paso Flores

Australia

WRA

19.9 S

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

3 E

array

Warramunga, NT

Australia

ASAR

23.7 S

133.9 E

array

Alice Springs, NT

Australia

STKA

31.9 S

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

6 E

3-C

Stephens Creek, SA

Australia

MAW

67.6 S

62.9 E

3-C

Mawson, Antarctica

Bolivia

LPAZ

16.3 S

68.1 W

3-C

La Paz

Brazil

BDFB

15.6 S

48.0 W

3-C

Brasilia

Canada

ULMC

50.2 N

95.9 W

3-C

Lac du Bonnet, Man.

Canada

YKAC

62.5 N

114.6 W

array

Yellowknife, N.W.T.

Canada

SCH

54.8 N

66.8 W

3-C

Schefferville,

Quebec

Central African

BGCA

05.2 N

18.4 E

3-C

Republic

Bangui

China

HAI

49.3 N

119.7 E

3-C > array

Hailar

China

LZH

36.1 N

103.8 E

3-C > array

Lanzhou

Colombia

XSA

04.9 N

74.3 W

3-C

El Rosal

Cote d’Ivoire

DBIC

06.7 N

04.9 W

3-C

Dimbroko

Egypt

LXEG

26.0 N

33.0 E

array

Luxor

Finland

FINES

61.4 N

28.1 E

array

Lahti

France

PPT

17.6 S

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

6 W

3-C

Tahiti

Germany

GEC2

48.9 N

13.7 E

array

Freyung

To be

To be determined

To be

To be

To be

determined

determined

determined

determined

State

Location

Latitude

Longitude

Type

Responsible for

Station

Iran (Islamic

THR

35.8 N

51.4 E

3-C

Republic of)

Tehran

Japan

MJAR

36.5 N

138.2 E

array

Matsushiro

Kazakstan

MAK

46.8 N

82.0 E

array

Makanchi

Kenya

KMBO

01.1 S

37.2 E

3-C

Kilimambogo

Mongolia

JAVM

48.0 N

106.8 E

3-C > array

Javhlant

Niger

New Site

to be

to be

3-C > array

determined

determined

Norway

NAO

60.8 N

10.8 E

array

Hamar

Norway

ARAO

69.5 N

25.5 E

array

Karasjok

Pakistan

PRPK

33.7 N

73.3 E

array

Pari

Paraguay

CPUP

26.3 S

57.3 W

3-C

Villa Florida

Republic of

KSRS

37.5 N

127.9 E

array

Korea

Wonju

Russian

KBZ

43.7 N

42.9 E

3-C

Federation

Khabaz

Russian

ZAL

53.9 N

84.8 E

3-C > array

Federation

Zalesovo

Russian

NRI

69.0 N

88.0 E

3-C

Federation

Norilsk

Russian

PDY

59.6 N

112.6 E

3-C > array

Federation

Peleduy

Russian

PET

53.1 N

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

8 E

3-C > array

Federation

Petropavlovsk-

Kamchatskiy

Russian

USK

44.2 N

132.0 E

3-C > array

Federation

Ussuriysk

Saudi Arabia

New Site

to be

to be

array

determined

determined

South Africa

BOSA

28.6 S

25.6 E

3-C

Boshot

Spain

ESDC

39.7 N

04.0 W

array

Sonseca

Thailand

CMTO

18.8 N

99.0 E

array

Chiang Mai

Tunisia

THA

35.6 N

08.7 E

3-C

Thala

Turkey

BRTR

39.9 N

32.8 E

array

Belbashi

The array is subject

to relocation at

Keskin

Turkmenistan

GEYT

37.9 N

58.1 E

array

Alibeck

State

Location

Latitude

Longitude

Type

Responsible for

Station

Ukraine

AKASG

50.4 N

29.1 E

array

Malin

46 United States of

LJTX

29.3 N

103.7 W

array

America

Lajitas, TX

47 United States of

MNV

38.4 N

118.2 W

array

America

Mina, NV

48 United States of

PIWY

42.8 N

109.6 W

array

America

Pinedale, WY

49 United States of

ELAK

64.8 N

146.9 W

array

America

Eielson, AK

50 United States of

VNDA

77.5 S

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

9 E

3-C

America

Vanda, Antarctica

Key: 3-C > array: Indicates that the site could start operations in the International

Monitoring System as a three-component station and be upgraded to an array at a later time.

Table 1-B List of Seismological Stations Comprising the Auxiliary Network

State

Location

Latitude

Longitude

Type

Responsible for

Station

Argentina

CFA

31.6 S

68.2 W

3-C

Coronel Fontana

Argentina

USHA

55.0 S

68.0 W

3-C

Ushuaia

Armenia

GNI

40.1 N

44.7 E

3-C

Garni

Australia

CTA

20.1 S

146.3 E

3-C

Charters Towers,

QLD

Australia

FITZ

18.1 S

125.6 E

3-C

Fitzroy Crossing, WA

Australia

NWAO

32.9 S

117.2 E

3-C

Narrogin, WA

Bangladesh

CHT

22.4 N

91.8 E

3-C

Chittagong

Bolivia

SIV

16.0 S

61.1 W

3-C

San Ignacio

Botswana

LBTB

25.0 S

25.6 E

3-C

Lobatse

Brazil

PTGA

0.7 S

60.0 W

3-C

Pitinga

Brazil

RGNB

6.9 S

37.0 W

3-C

Rio Grande do Norte

Canada

FRB

63.7 N

68.5 W

3-C

Iqaluit, N.W.T.

Canada

DLBC

58.4 N

130.0 W

3-C

Dease Lake, B.C.

Canada

SADO

44.8 N

79.1 W

3-C

Sadowa, Ont.

State

Location

Latitude

Longitude

Type

Responsible for

Station

Canada

BBB

52.2 N

128.1 W

3-C

Betla Bella, B.C.

Canada

MBC

76.2 N

119.4 W

3-C

Mould Bay, N.W.T.

Canada

INK

68.3 N

133.5 W

3-C

Inuvik, N.W.T.

Chile

RPN

27.2 S

109.4 W

3-C

Easter Island

Chile

LVC

22.6 S

68.9 W

3-C

Limon Verde

China

BJT

40.0 N

116.2 E

3-C

Baijiatuan

China

KMI

25.2 N

102.8 E

3-C

Kunming

China

SSE

31.1 N

121.2 E

3-C

Sheshan

China

XAN

34.0 N

108.9 E

3-C

Xi'an

Cook Islands

RAR

21.2 S

159.8 W

3-C

Rarotonga

Costa Rica

JTS

10.3 N

85.0 W

3-C

Las Juntas de

Abangares

Czech Republic

VRAC

49.3 N

16.6 E

3-C

Vranov

Denmark

SFJ

67.0 N

50.6 W

3-C

Søndre Strømfjord,

Greenland

Djibouti

ATD

11.5 N

42.9 E

3-C

Arta Tunnel

Egypt

KEG

29.9 N

31.8 E

3-C

Kottamya

Ethiopia

FURI

8.9 N

38.7 E

3-C

Furi

Fiji

MSVF

17.8 S

Laws of Malta — Subsidiary Legislation 653.2 — COMPREHENSIVE NUCLEAR-TEST BAN TREATY REGULATIONS

1 E

3-C

Monasavu, Viti Levu

France

NOUC

22.1 S

166.3 E

3-C

Port Laguerre,

New Caledonia

France

KOG

5.2 N

52.7 W

3-C

Kourou, French

Guiana

Gabon

BAMB

1.7 S

13.6 E

3-C

Bambay

Germany/South

-

71.7 S

2.9 W

3-C

Africa

SANAE Station,

Antarctica

Greece

IDI

35.3 N

24.9 E

3-C

Anogia, Crete

Guatemala

RDG

15.0 N

90.5 W

3-C

Rabir

State

Location

Latitude

Longitude

Type

Responsible for

Station

Iceland

BORG

64.8 N

21.3 W

3-C

Borgarnes

To be

To be determined

To be

To be

To be

determined

determined

determined

determined

Indonesia

PACI

6.5 S

107.0 E

3-C

Cibinong, Jawa Barat

Indonesia

JAY

2.5 S

140.7 E

3-C

Jayapura, Irian Jaya

Indonesia

SWI

0.9 S

131.3 E

3-C

Sorong, Irian Jaya

Indonesia

PSI

2.7 N

98.9 E

3-C

Parapat, Sumatera

Indonesia

KAPI

5.0 S

119.8 E

3-C

Kappang, Sulawesi

Selatan

Indonesia

KUG

10.2 S

123.6 E

3-C

Kupang,

Nusatenggara Timur

Iran (Islamic

KRM

30.3 N

57.1 E

3-C

Republic of)

Kerman

Iran (Islamic

MSN

31.9 N

49:3 E

3-C

Republic of)

Masjed-e-Soleyman

Israel

MBH

29.8 N

34.9 E

3-C

Eilath

Israel

PARD

32.6 N

35.3 E

array

Parod

Italy

ENAS

37.5 N

14.3 E

3-C

Enna, Sicily

Japan

JNU

33.1 N

130.9 E

3-C

Ohita, Kyushu

Japan

JOW

26.8 N

128.3 E

3-C

Kunigami, Okinawa

Japan

JHJ

33.1 N

139.8 E

3-C

Hachijojima, Izu

Islands

Japan

JKA

44.1 N

142.6 E

3-C

Kamikawa-asahi,

Hokkaido

Japan

JCJ

27.1 N

142.2 E

3-C

Chichijima,

Ogasawara

Jordan

-

32.5 N

37.6 E

3-C

Ashqof

Kazakstan

BRVK

53.1 N

70.3 E

array

Borovoye

Kazakstan

KURK

50.7 N

78.6 E

array

Kurchatov

Kazakstan

AKTO

50.4 N

58.0 E

3-C

Aktyubinsk

Kyrgyzstan

AAK

42.6 N

74.5 E

3-C

Ala-Archa

State

Location

Latitude

Longitude

Type

Responsible for

Station

Madagascar

TAN

18.9 S

47.6 E

3-C

Antananarivo

Mali

KOWA

14.5 N

4.0 W

3-C

Kowa

Mexico

TEYM

20.2 N

88.3 W

3-C

Tepich, Yucatan

Mexico

TUVM

18.0 N

94.4 W

3-C

Tuzandepeti,

Veracruz

Mexico

LPBM

24.2 N

110.2 W

3-C

La Paz, Baja

California Sur

Morocco

MDT

32.8 N

4.6 W

3-C

Midelt

Namibia

TSUM

19.1 S

17.4 E

3-C

Tsumeb

Nepal

EVN

28.0 N

86.8 E

3-C

Everest

New Zealand

EWZ

43.5 S

170.9 E

3-C

Erewhon,

South Island

New Zealand

RAO

29.2 S

177.9 W

3-C

Raoul Island

New Zealand

UPZ

38.3 S

177.1 E

3-C

Urewera, North Island

Norway

SPITS

78.2 N

16.4 E

array

Spitsbergen

Norway

JMI

70.9 N

8.7 W

3-C

Jan Mayen

Oman

WSAR

23.0 N

58.0 E

3-C

Wadi Sarin

Papua New

PMG

9.4 S

147.2 E

3-C

Guinea

Port Moresby

Papua New

BIAL

5.3 S

151.1 E

3-C

Guinea

Bialla

Peru

CAJP

7.0 S

78.0 W

3-C

Cajamarca

Peru

NNA

12.0 S

76.8 W

3-C

Nana

Philippines

DAV

7.1 N

125.6 E

3-C

Davao, Mindanao

Philippines

TGY

14.1 N

120.9 E

3-C

Tagaytay, Luzon

Romania

MLR

45.5 N

25.9 E

3-C

Muntele Rosu

Russian

KIRV

58.6 N

49.4 E

3-C

Federation

Kirov 83

Russian

KIVO

44.0 N

42.7 E

array

Federation

Kislovodsk

Russian

OBN

55.1 N

36.6 E

3-C

Federation

Obninsk

State

Location

Latitude

Longitude

Type

Responsible for

Station

Russian

ARU

56.4 N

58.6 E

3-C

Federation

Arti

Russian

SEY

62.9 N

152.4 E

3-C

Federation

Seymchan

Russian

TLY

51.7 N

103.6 E

3-C

Federation

Talaya

Russian

YAK

62.0 N

129.7 E

3-C

Federation

Yakutsk

Russian

URG

51.1 N

132.3 E

3-C

Federation

Urgal

Russian

BIL

68.0 N

166.4 E

3-C

Federation

Bilibino

Russian

TIXI

71.6 N

128.9 E

3-C

Federation

Tiksi

Russian

YSS

47.0 N

142.8 E

3-C

Federation

Yuzhno-Sakhalinsk

Russian

MA2

59.6 N

150.8 E

3-C

Federation

Magadan

Russian

ZIL

53.9 N

57.0 E

3-C

Federation

Zilim

Samoa

AFI

13.9 S

171.8 W

3-C

Afiamalu

Saudi Arabia

RAYN

23.6 N

45.6 E

3-C

Ar Rayn

Senegal

MBO

14.4 N

17.0 W

3-C

Mbour

Solomon

HNR

9.4 S

160.0 E

3-C

Islands

Honiara, Guadalcanal

South Africa

SUR

32.4 S

20.8 E

3-C

Sutherland

Sri Lanka

COC

6.9 N

79.9 E

3-C

Colombo

Sweden

HFS

60.1 N

13.7 E

array

Hagfors

Switzerland

DAVOS

46.8 N

9.8 E

3-C

Davos

Uganda

MBRU

0.4 S

30.4 E

3-C

Mbarara

United

EKA

55.3 N

3.2 W

array

Kingdom

Eskdalemuir

105 United States of

GUMO

13.6 N

144.9 E

3-C

America

Guam, Marianas

Islands

106 United States of

PMSA

64.8 S

64.1 W

3-C

America

Palmer Station,

Antarctica

107 United States of

TKL

35.7 N

83.8 W

3-C

America

Tuckaleechee

Caverns, TN

108 United States of

PFCA

33.6 N

116.5 W

3-C

America

Pinon Flat, CA

State

Location

Latitude

Longitude

Type

Responsible for

Station

109 United States of

YBH

41.7 N

122.7 W

3-C

America

Yreka, CA

110 United States of

KDC

57.8 N

152.5 W

3-C

America

Kodiak Island, AK

111 United States of

ALQ

35.0 N

106.5 W

3-C

America

Albuquerque, NM

112 United States of

ATTU

52.8 N

172.7 E

3-C

America

Attu Island, AK

113 United States of

ELK

40.7 N

115.2 W

3-C

America

Elko, NV

114 United States of

SPA

90.0 S

- -

3-C

America

South Pole, Antarctica

115 United States of

NEW

48.3 N

117.1 W

3-C

America

Newport, WA 116

116 United States of

SJG

18.1 N

66.2 W

3-C

America

San Juan, PR

Venezuela

SDV

8.9 N

70.6 W

3-C

Santo Domingo

Venezuela

PCRV

10.2 N

64.6 W

3-C

Puerto la Cruz

Zambia

LSZ

15.3 S

28.2 E

3-C

Lusaka

Zimbabwe

BUL

to be advised

to be advised

3-C

Bulawayo

Table 2-A List of Radionuclide Stations

State Responsible

Location

Latitude

Longitude

for Station

Argentina

Buenos Aires

34.0 S

58.0W

Argentina

Salta

24.0 S

65.0 W

Argentina

Bariloche

41.1 S

71.3 W

Australia

Melbourne, VIC

37.5 S

144.6 E

Australia

Mawson, Antarctica

67.6 S

62.5 E

Australia

Townsville, QLD

19.2 S

146.8 E

Australia

Macquarie Island

54.0 S

159.0 E

Australia

Cocos Islands

12.0 S

97.0 E

Australia

Darwin, NT

12.4 S

130.7 E

Australia

Perth, WA

31.9 S

116.0 E

Brazil

Rio de Janeiro

22.5 S

43.1 W

Brazil

Recife

8.0 S

35.0 W

Cameroon

Douala

4.2 N

9.9 E

Canada

Vancouver, B.C.

49.3 N

123.2 W

Canada

Resolute, N.W.T.

74.7 N

94.9 W

Canada

Yellowknife, N.W.T.

62.5 N

114.5 W

State Responsible

Location

Latitude

Longitude

for Station

Canada

St. John’s, N.L.

47.0 N

53.0 W

Chile

Punta Arenas

53.1 S

70.6 W

Chile

Hanga Roa, Easter Island

27.1 S

108.4 W

China

Beijing

39.8 N

116.2 E

China

Lanzhou

35.8 N

103.3 E

China

Guangzhou

23.0 N

113.3 E

Cook Islands

Rarotonga

21.2 S

159.8 W

Ecuador

Isla San Cristobal,

1.0 S

89.2 W

Galápagos Islands

Ethiopia

Filtu

5.5 N

42.7 E

Fiji

Nadi

18.0 S

177.5 E

France

Papeete, Tahiti

17.0 S

150.0 W

France

Pointe-à-Pitre,

17.0 N

62.0 W

Guadeloupe

France

Réunion

21.1 S

55.6 E

France

Port-aux-Français,

49.0 S

70.0 E

Kerguelen

France

Cayenne, French Guiana

5.0 N

52.0 W

France

Dumont d’Urville,

66.0 S

140.0 E

Antarctica

Germany

Schauinsland/Freiburg

47.9 N

7.9 E

Iceland

Reykjavik

64.4 N

21.9 W

To be determined

To be determined

To be determined

To be determined

Iran (Islamic

Tehran

35.0 N

52.0 E

Republic of)

Japan

Okinawa

26.5 N

127.9 E

Japan

Takasaki, Gunma

36.3 N

139.0 E

Kiribati

Kiritimati

2.0 N

157.0 W

Kuwait

Kuwait City

29.0 N

48.0 E

Libya

Misratah

32.5 N

15.0 E

Malaysia

Kuala Lumpur

2.6 N

101.5 E

Mauritania

Nouakchott

18.0 N

17.0 W

Mexico

Baja California

28.0 N

113.0 W

Mongolia

Ulaanbaatar

47.5 N

107.0 E

New Zealand

Chatham Island

44.0 S

176.5 W

New Zealand

Kaitaia

35.1 S

173.3 E

Niger

Bilma

18.0 N

13.0 E

Norway

Spitsbergen

78.2 N

16.4 E

Panama

Panama City

8.9 N

79.6 W

Papua New Guinea

New Hanover

3.0 S

150.0 E

Philippines

Quezon City

14.5 N

121.0 E

Portugal

Ponta Delgada,

37.4 N

25.4 W

Sao Miguel, Azores

Russian Federation

Kirov

58.6 N

49.4 E

Russian Federation

Norilsk

69.0 N

88.0 E

Russian Federation

Peleduy

59.6 N

112.6 E

State Responsible

Location

Latitude

Longitude

for Station

Russian Federation

Bilibino

68.0 N

166.4 E

Russian Federation

Ussuriysk

43.7 N

131.9 E

Russian Federation

Zalesovo

53.9 N

84.8 E

Russian Federation

Petropavlovsk-

53.1 N

158.8 E

Kamchatskiy

Russian Federation

Dubna

56.7 N

37.3 E

South Africa

Marion Island

46.5 S

37.0 E

Sweden

Stockholm

59.4 N

18.0 E

Tanzania

Dar es Salaam

6.0 S

39.0 E

Thailand

Bangkok

13.8 N

100.5 E

United Kingdom

BIOT/Chagos

7.0 S

72.0 E

Archipelago

United Kingdom

St. Helena

16.0 S

6.0 W

United Kingdom

Tristan de Cunha

37.0 S

12.3 W

United Kingdom

Halley, Antarctica

76.0 S

28.0 W

United States of

Sacramento, CA

38.7 N

121.4 W

America

United States of

Sand Point, AK

55.0 N

160.0 W

America

United States of

Melboume, FL

28.3 N

80.6 W

America

United States of

Palmer Station,

64.5 S

64.0 W

America

Antarctica

United States of

Ashland, KS

37.2 N

99.8 W

America

United States of

Charlottesville, VA

38.0 N

78.0 W

America

United States of

Salchaket, AK

64.4 N

147.1 W

America

United States of

Wake Island

19.3 N

166.6 E

America

United States of

Midway Islands

28.0 N

177.0 W

America

United States of

Oahu, HI

21.5 N

158.0 W

America

United States of

Upi, Guam

13.7 N

144.9 E

America

Table 2-B List of Radionuclide Laboratories

State responsible for

Name and place of laboratory

Laboratory

Argentina

National Board of Nuclear Regulation

Buenos Aires

Australia

Australian Radiation Laboratory

Melbourne, VIC

Austria

Austrian Research Center

Seibersdorf

State responsible for

Name and place of laboratory

Laboratory

Brazil

Institute of Radiation Protection and Dosimetry

Rio de Janeiro

Canada

Health Canada

Ottawa, Ont.

China

Beijing

Finland

Centre for Radiation and Nuclear Safety

Helsinki

France

Atomic Energy Commission

Montlhéry

Israel

Soreq Nuclear Research Centre

Yavne

Italy

Laboratory of the National Agency

for the Protection of the Environment

Rome

Japan

Japan Atomic Energy Research Institute

Tokai, Ibaraki

New Zealand

National Radiation Laboratory

Christchurch

Russian Federation

Central Radiation Control Laboratory,

Ministry of Defence

Special Verification Service

Moscow

South Africa

Atomic Energy Corporation

Pelindaba

United Kingdom

AWE Blacknest

Chilton

United States of

McClellan Central Laboratories

America

Sacramento, CA

Table 3 List of Hydroacoustic Stations

State

Location

Latitude

Longitude

Type

responsible for

Station

Australia

Cape Leeuwin, WA

34.4 S

115.1 E

Hydrophone

Canada

Queen Charlotte

53.3 N

132.5 W

T-phase

Islands, B.C.

Chile

Juan Fernández Island

33.7 S

78.8 W

Hydrophone

France

Crozet Islands

46.5 S

52.2 E

Hydrophone

France

Guadeloupe

16.3 N

61.1 W

T-phase

Mexico

Clarión Island

18.2 N

114.6 W

T-phase

Portugal

Flores

39.3 N

31.3 W

T-phase

United

BIOT/Chagos

7.3 S

72.4 E

Hydrophone

Kingdom

Archipelago

United

Tristan de Cunha

7.3 S

12.5 W

T-phase

Kingdom

State

Location

Latitude

Longitude

Type

responsible for

Station

10 United States of

Ascension

8.0 S

14.4 W

Hydrophone

America

11 United States of

Wake Island

19.3 N

166.6 E

Hydrophone

America

Table 4 List of Infrasound Stations

State Responsible

Location

Latitude

Longitude

for Station

Argentina

Paso Flores

40.7 S

70.6 W

Argentina

Ushuaia

55.0 S

68.0 W

Australia

Davis Base, Antarctica

68.4 S

77.6 E

Australia

Narrogin, WA

32.9 S

117.2 E

Australia

Hobart, TAS

42.1 S

147.2 E

Australia

Cocos Islands

12.3 S

97.0 E

Australia

Warramunga, NT

19.9 S

134.3 E

Bolivia

La Paz

16.3 S

68.1 W

Brazil

Brasilia

15.6 S

48.0 W

Canada

Lac du Bonnet, Man.

50.2 N

95.9 W

Cape Verde

Cape Verde Islands

16.0 N

24.0 W

Central African

Bangui

5.2 N

18.4 E

Republic

Chile

Easter Island

27.0 S

109.2 W

Chile

Juan Fernández Island

33.8 S

80.7 W

China

Beijing

40.0 N

116.0 E

China

Kunming

25.0 N

102.8 E

Cote d’Ivoire

Dimbokro

6.7 N

4.9 W

Denmark

Dundas, Greenland

76.5 N

68.7 W

Djibouti

Djibouti

11.3 N

43.5 E

Ecuador

Galápagos Islands

0.0 N

91.7 W

France

Marquesas Islands

10.0 N

140.0 W

France

Port LaGuerre, New

22.1 S

166.3 E

Caledonia

France

Kerguelen

49.2 S

69.1 E

France

Tahiti

17.6 S

149.6 W

France

Kourou, French Guiana

5.2 N

52.7 W

Germany

Freyung

48.9 N

13.7 E

Germany

Georg yon Neumayer,

70.6 S

8.4 W

Antarctica

To be determined

To be determined

To be determined

To be determined

Iran (Islamic

Tehran

35.7 N

51.4 E

Republic of)

Japan

Tsukuba

36.0 N

140.1 E

Kazakstan

Aktyubinsk

50.4 N

58.0 E

Kenya

Kilimanbogo

1.3 S

36.8 E

Madagascar

Antananarivo

18.8 S

47.5 E

State Responsible

Location

Latitude

Longitude

for Station

Mongolia

Javhlant

48.0 N

106.8 E

Namibia

Tsumeb

19.1 S

17.4 E

New Zealand

Chatham Island

44.0 S

176.5 W

Norway

Karasjok

69.5 N

25.5 E

Pakistan

Rahimyar Khan

28.2 N

70.3 E

Palau

Palau

7.5 N

134.5 E

Papua New Guinea

Rabaul

4.1 S

152.1 E

Paraguay

Villa Florida

26.3 S

57.3 W

Portugal

Azores

37.8 N

25.5 W

Russian Federation

Dubna

56.7 N

37.3 E

Petropavlovsk-

53.1 N

158.8 E

Kamchatskiy

Russian Federation

Ussuriysk

43.7 N

131.9 E

Russian Federation

Zalesovo

53.9 N

84.8 E

South Africa

Boshof

28.6 S

25.4 E

Tunisia

Thala

35.6 N

8.7 E

United Kingdom

Tristan de Cunha

37.0 S

12.3 W

United Kingdom

Ascension

8.0 S

14.3 W

United Kingdom

Bermuda

32.0 N

64.5 W

United Kingdom

BIOT/Chagos

5.0 S

72.0 E

Archipelago

United States of

Eielson, AK

64.8 N

146.9 W

America

United States of

Siple Station, Antarctica

75.5 S

83.6 W

America

United States of

Windless Bight,

77.5 S

161.8 E

America

Antarctica

United States of

Newport, WA

48.3 N

117.1 W

America

United States of

Pinon Flat, CA

33.6 N

116.5 W

America

United States of

Midway Islands

28.1 N

177.2 W

America

United States of

Hawaii, HI

19.6 N

155.3 W

America

United States of

Wake Island

19.3 N

166.6 E

America

ANNEX 2 TO THE PROTOCOL

List Of Characterisation Parameters for International Data Centre

Standard Event Screening

1. The International Data Centre standard event screening criteria shall be

based on the standard event characterisation parameters determined during the

combined processing of data from all the monitoring technologies in the

International Monitoring System. Standard event screening shall make use of both

global and supplementary screening criteria to take account of regional variations

where applicable.

COMPREHENSIVE NUCLEAR-TEST BAN TREATY

2. For events detected by the InternationaI Monitoring System seismic

component, the following parameters, inter alia, may be used

location of the event;

depth of the event;

ratio of the magnitude of surface waves to body waves;

signal frequency content;

spectral ratios of phases;

spectral scalloping;

first motion of the P-wave;

focal mechanism;

relative excitation of seismic phases;

comparative measures to other events and groups of events; and

regional discriminants where applicable.

3. For events detected by the International Monitoring System hydroacoustic

component, the following parameters, inter alia, may be used

signal frequency content including corner frequency, wide-band energy

and mean centre frequency and bandwidth;

frequency-dependent duration of signals;

spectral ratio; and

indications of bubble-pulse signals and bubble-pulse delay.

4. For events detected by the International Monitoring System infrasound

component, the following parameters, inter alia, may be used

signal frequency content and dispersion;

signal duration; and

peak amplitude.

5. For events detected by the International Monitoring System radionuclide

component, the following parameters, inter alia, may be used

concentration of background natural and man-made radionuclides;

concentration of specific fission and activation products outside normal

observations; and

ratios of one specific fission and activation product to another.

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