Arms Control and Disarmament (Inspections) Act 1991 (Jersey) Order
1991
Jersey Order in
Council 4/1992
THE ARMS CONTROL
AND DISARMAMENT (INSPECTIONS) ACT 1991 (JERSEY)
ORDER 1991
____________
(Registered
on the 14th day of February 1992)
____________
At the
Court at Buckingham
Palace
____________
19th day of November 1991
____________
PRESENT
The
Queen’s Most Excellent Majesty in Council
HER
MAJESTY, in
pursuance of section 6(4) of the Arms Control and Disarmament (Inspections) Act 1991, is pleased, by and with the
advice of Her Privy Council, to order, and it is hereby ordered, as follows
–
1. This
Order may be cited as the Arms Control and
Disarmament (Inspections) Act 1991 (Jersey) Order 1991 and shall
come into force on the day on which sections 1 to 5 of the Arms Control and Disarmament (Inspections) Act 1991 come into force in accordance with
an order under section 6(2) of that Act.
2. The
Arms Control and Disarmament
(Inspections) Act 1991
shall extend to the Bailiwick of Jersey with the modifications specified in the
Schedule to this Order (being modifications which appear to Her Majesty to be
appropriate).
G.I. DE DENEY
Clerk of the
Privy Council.
SCHEDULE
(Article 2)
Modifications in
the extension of the Arms Control and
Disarmament (Inspections) Act 1991 to the Bailiwick of Jersey
1. Any
reference to a provision of the Arms Control and Disarmament (Inspections) Act 1991 shall be construed, unless the
contrary intention appears, as a reference to it as it has effect in the
Bailiwick of Jersey.
2. For
any reference to the United Kingdom, except in the expression “Her
Majesty’s Government in the United Kingdom”, there shall be
substituted a reference to the Bailiwick of Jersey.
3. In
section 1(2) at the end there shall be added the word “and” and the
following paragraph –
“(d) “officer of police” means a
member of the Honorary Police or a member of the States of Jersey Police
Force.”.
4. In
section 2(4)(b) and (6), for “constable” there shall be substituted
“officer of police”.
5. In
section 3 –
(a) in paragraph (a) of subsection
(1), for “constable” there shall be substituted “officer of
police”;
(b) in subsection (1), for the words
“on summary conviction” to the end there shall be substituted
“to a fine”; and
(c) subsection (3) shall be omitted.
6. In
section 4, for subsection (2) there shall be substituted the following subsection
–
“(2) In subsection (1)
–
“Crown
land” means land in which there is a Crown interest; and
“private
interest” means an interest which is not a Crown interest;
and for this
purpose “Crown interest” means an interest –
(a) belonging to Her Majesty in right
of the Crown, or
(b) belonging to the States of
Jersey.”.
7. In
section 5 –
(a) in sub-sections (1) and (2), after
“as are enjoyed” there shall be inserted “under United Kingdom
law”;
(b) in subsection (7) at the end of the
definition of “enactment” there shall be added the words, “a
Law of the States of Jersey and any subordinate legislation made under any such
Law”.
8. In
section 6, subsections (2) to (4)
shall be omitted.
ARMS CONTROL AND
DISARMAMENT (INSPECTIONS) ACT 1991
CHAPTER 41
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ARRANGEMENT OF SECTIONS
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Preliminary
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Section
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1.
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Interpretation etc.
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|
Challenge inspections
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2.
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Rights of entry etc. for purposes of challenge inspections under
the Protocol.
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3.
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Offences.
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4.
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Exercise of powers in relation to Crown land in private
occupation.
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Privileges and immunities
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5.
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Privileges and immunities of inspectors and transport crew
members in connexion with inspections under the Protocol.
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Supplementary
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6.
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Short
title, commencement and extent.
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SCHEDULE
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Provisions
of the Protocol on Inspection.
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ELIZABETH II
1991 CHAPTER 41
AN ACT to facilitate the carrying out in
the [Bailiwick of Jersey] of inspections under the Protocol on Inspection
incorporated in the Treaty on Conventional Armed Forces in Europe
signed in Paris
on 19th November 1990;
and for connected purposes.
[25th July 1991]
BE IT
ENACTED by The
Queen’s most Excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows
–
PRELIMINARY
Interpretation etc
1.-(1) In this Act “the Protocol”
means the Protocol on Inspection incorporated in the Treaty on Conventional
Armed Forces in Europe signed in Paris on 19th November
1990.
(2) In this Act –
(a) “challenge inspection”
means an inspection conducted pursuant to Section VIII of the Protocol
(Challenge inspections within specified areas);
(b) “inspector” has the
meaning given by Section I of the Protocol (definitions); and
(c) (subject to subsection (3) below)
“escort team”, “inspection team” and “specified
area” shall be construed, in relation to any challenge inspection, in
accordance with that Section[; and]
[(d) “officer of police” means a
member of the Honorary Police or a member of the States of Jersey Police
Force.]
(3) In this Act –
(a) any reference to an escort team
includes a reference to an escort team in which any liaison officer is included
pursuant to paragraph 2 of Section V of the Protocol (procedures upon arrival
at point of entry and exit); and
(b) any reference to an inspection team
includes a reference to an inspection team in which any inspector is included
pursuant to paragraph 1 of Section VI of the Protocol (general rules for
conducting inspections).
(4) For ease of reference the following
provisions of the Protocol are set out in the Schedule to this Act, namely
–
(a) certain definitions contained in
Section I; and
(b) Section VI.
CHALLENGE
INSPECTIONS
Rights of entry
etc. for purposes of challenge inspections under the Protocol
2.-(1) Where a request to conduct a challenge
inspection within any specified area in the [Bailiwick of Jersey] –
(a) has been made under the Protocol,
and
(b) has been granted by Her
Majesty’s Government in the United Kingdom,
the secretary of
State may issue an authorisation under this section
in respect of that inspection.
(2) An authorisation
under this section shall contain a description of the specified area and state
the names of the members of the inspection team by whom the inspection is to be
carried out.
(3) Such an authorisation
shall have the effect of authorising the inspection
team –
(a) to exercise within the specified
area such rights of access, entry and unobstructed inspection as are conferred
on them by Section VI of the Protocol, and
(b) to do such other things within that
area in connexion with the conduct of the inspection
as they are entitled to do by virtue of that Section.
(4) Such an authorisation
shall in addition have the effect of –
(a) authorising
an escort team to accompany the inspection team at all times, and
(b) authorising
any [officer of Police] to give such assistance as the person in command of the
escort team may request for the purpose of facilitating the conduct of the
inspection in accordance with Section VI of the Protocol; and the name of the
person in command of the escort team shall be stated in the authorisation.
(5) Where the inspection team is
divided into sub-teams in accordance with paragraph 2 of Section VI of the Protocol
–
(a) subsection (3) shall apply to each
of the sub-teams as it applies to the inspection team as a whole, and
(b) subsection (4)(a) shall be
construed as authorising members of the escort team
to accompany each of the sub-teams.
(6) Any [officer of police] giving
assistance in accordance with subsection (4)(b) may use such reasonable force
as he considers necessary for the purpose mentioned in that provision.
(7) The occupier of any premises
–
(a) in relation to which it is proposed
to exercise a right of entry in reliance on an authorisation
under this section, or
(b) on which an inspection is being
carried out in reliance on such an authorisation,
or a person
acting on behalf of the occupier of any such premises, shall be entitled to
require a copy of the authorisation to be shown to
him by a member of the escort team.
(8) The validity of any authorisation purporting to be issued under this section in
respect of any challenge inspection shall not be called in question in any
court of law at any time before the conclusion of that inspection; and
accordingly no proceedings (of whatever nature) shall be brought at any time
before the conclusion of any challenge inspection if they would, if successful,
have the effect of preventing, delaying or otherwise affecting the carrying out
of any such inspection.
(9) If in any proceedings any question
arises whether a person at any time was or was not, in relation to any
challenge inspection, a member of the inspection team or (as the case may be) a
member of the escort team, a certificate issued by or under the authority of
the Secretary of State stating any fact relating to that question shall be
conclusive evidence of that fact.
Offences
3.-(1) Where an authorisation
has been issued under section 2 in respect of any challenge inspection, any
person who –
(a) refuses to comply with any request
made by any [officer of police] for the purpose of facilitating the conduct of
that inspection in accordance with Section VI of the Protocol, or
(b) willfully obstructs any member of
the inspection team or of the escort team in the conduct of that inspection in
accordance with that Section,
shall be guilty
of an offence and liable [to a fine].
(2) Where an offence under this section
is committed by a body corporate and is proved to have been committed with the
consent or connivance of any director, manager, secretary or other similar
officer of the body corporate, or any person who was purporting to act in any
such capacity, he as well as the body corporate shall be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
In relation to a
body corporate whose affairs are managed by its members, “director”
means a member of the body corporate.
(3) * * * * *
Exercise of
powers in relation to Crown land in private occupation
4.-(1) The powers exercisable in the case of
any authorisation by virtue of section 2 shall be
exercisable in relation to any Crown land only to the extent that it is land
which any person is entitled to occupy by virtue of a private interest (whether
it is an interest in land or arises under a licence).
[(2) In subsection (1) –
“Crown
land” means land in which there is a Crown interest; and
“private
interest” means an interest which is not a Crown interest;
and for this
purpose “Crown interest” means an interest –
(a) belonging to Her Majesty in right
of the Crown, or
(b) belonging to
the States of Jersey.”]
PRIVILEGES AND
IMMUNITIES
Privileges and
immunities of inspectors and transport crew members in connexion
with inspections under the Protocol
5.-(1) Inspectors and transport crew members
shall enjoy the same privileges and immunities as are enjoyed [under United Kingdom
law] by diplomatic agents in accordance with the following provisions of the
1961 Articles, namely –
(a) Article 29,
(b) paragraph 2 of Article 30,
(c) paragraphs 1, 2 and 3 of Article 31,
and
(d) Articles 34 and 35.
(2) Such persons shall, in addition,
enjoy the same privileges as are enjoyed [under United Kingdom law] by
diplomatic agents in accordance with paragraph 1(b) of Article 36 of the
1961 Articles, except in relation to articles the importing or exporting of
which is prohibited by law or controlled by the enactments relating to
quarantine.
(3) Subject to subsection (4), the
privileges and immunities accorded to inspectors and transport crew members by
virtue of this section –
(a) shall be enjoyed by them at any
time when they are in the [Bailiwick of Jersey] –
(i) in
connexion with the carrying out of an inspection
there pursuant to any provision of the Protocol, or
(ii) while in transit to or from the
territory of another State Party in connexion with
the carrying out of such an inspection there; and
(b) shall also be enjoyed by them at
any time with respect to acts previously performed in the exercise of official
functions as an inspection or a transport crew member.
(4) The immunity from jurisdiction
enjoyed by an inspector or a transport crew member by virtue of subsection
(1)(c) shall cease to be so enjoyed if expressly waived by the State Party of
which he is a national.
(5) Any means of transport –
(a) used by inspectors to travel to or
from the [Bailiwick of Jersey] in connexion with the
carrying out of an inspection pursuant to any provision of the Protocol
(whether in the [Bailiwick of Jersey] or elsewhere), and
(b) specifically provided for such use
by or by arrangement with, any State Party,
shall be
inviolable.
(6) If in any proceedings any question
arises whether a person is or is not entitled to any privilege or immunity by
virtue of this section, a certificate issued by or under the authority of the
Secretary of State stating any fact relating to that question shall be
conclusive evidence of that fact.
(7) In this section –
“the 1961
Articles” means the Articles which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 (Articles of Vienna Convention on
Diplomatic Relations of 1961 having force of law in [Bailiwick of Jersey];
“enactment”
includes an enactment comprised in subordinate legislation (within the meaning
of the interpretation Act 1978) [, a law of the States of Jersey and any
subordinate legislation made under any such Law.];
“State
Party” has the same meaning as in the Treaty referred to in section 1(1) above;
“transport
crew member” has the meaning given by Section I of the Protocol.
SUPPLEMENTARY
Short title, commencement and extent
6.-(1) This Act may be cited as the Arms Control and Disarmament Act 1991.
(2) * * * * *
(3) * * * * *
(4) * * * * *
SCHEDULE
PROVISIONS OF
THE PROTOCOL ON INSPECTION
Section I. Definitions
1. For
the purposes of the Treaty –
* * * * *
(E) The term “inspector”
means an individual designated by one of the States Parties to carry out an
inspection and who is included on that State Party’s accepted list of
inspectors in accordance with the provisions of Section III of this Protocol.
(F) The term “transport crew
member” means an individual who performs duties related to the operation
of a transportation means and who is included on a State Party’s accepted
list of transport crew members in accordance with the provisions of Section III
of this Protocol.
(G) The term “inspection team”
means a group of inspectors designated by an inspecting State Party to conduct
a particular inspection.
(H) The term “escort team” means
a group of individuals assigned by an inspected State Party to accompany and to
assist inspectors conducting a particular inspection, as well as to assume
other responsibilities as set forth in this Protocol. In the case of inspection
of a stationing State Party’s conventional armaments and equipment
limited by the Treaty, an escort team shall include individuals assigned by
both the host and stationing States Parties, unless otherwise agreed between
them.
* * * * *
(O) The term
“specified area” means an area anywhere on the territory of a State
Party within the area of application other than a site inspected pursuant to
Section VII, IX or X of this Protocol within which a challenge inspection is
conducted pursuant to Section VIII of this Protocol. A specified area shall not
exceed 65 square kilometres. No straight line between
any two points in that area shall exceed 16 kilometres.
Section VI.
General rules for conducting inspections
1. An
inspection team may include inspectors from States Parties other than the
inspecting State Party.
2. For
inspections conducted in accordance with Sections VII, VIII, IX and X of this
Protocol, an inspection team shall consist of up to nine inspectors and may
divide itself into up to three sub-teams. In the case of simultaneous
inspections on the territory of States Parties that do not have military
districts specified in Articles IV and V of the Treaty or within a single
military district of a State Party with such military districts, only one
inspection team may divide itself at the inspection site into three sub-teams,
the others into two sub-teams.
3. Inspectors
and escort team members shall wear some clear identification of their
respective rôles.
4. An
inspector shall be deemed to have assumed his or her duties upon arrival at the
point of entry/exit on the territory of the State Party where an inspection is
to be carried out and shall be deemed to have ceased performing those duties
after leaving the territory of that State Party through the point of
entry/exit.
5. The
number of transport crew members shall not exceed 10.
6. Without
prejudice to their privileges and immunities, inspectors and transport crew
members shall respect the laws and regulations of the State Party on whose
territory an inspection is carried out and shall not interfere in the internal
affairs of that State Party. Inspectors and transport crew members shall also
respect regulations at an inspection site, including safety and administrative
procedures. In the event that the inspected State Party determines that an inspector
or transport crew member has violated such laws and regulations or other
conditions governing the inspection activities set forth in this Protocol, it
shall so notify the inspecting State Party, which upon the request of the
inspected State Party shall immediately delete the name of the individual from
the list of inspectors or transport crew members. If the individual is on the
territory of the State Party where an inspection is carried out, the inspecting
State Party shall promptly remove that individual from that territory.
7. The
inspected State Party shall be responsible for ensuring the safety of the
inspection team and transport crew members from the time they arrive at the
point of entry/exit until the time they leave the point of entry/exit to depart
the territory of that State Party.
8. The
escort team shall assist the inspection team in carrying out its functions. At
its discretion, the escort team may exercise its right to accompany the
inspection team from the time it enters the territory of the State Party where
an inspection is to be carried out until the time it departs that territory.
9. The
inspecting State Party shall ensure that the inspection team and each sub-team
have the necessary linguistic ability to communicate freely with the escort
team in the language notified in accordance with Section IV, paragraph 2,
sub-paragraph (F) and paragraph 3, sub-paragraph (E) of this
Protocol. The inspected State Party shall ensure that the escort team has the
necessary linguistic ability to communicate freely in this language with the
inspection team and each sub-team. Inspectors and members of the escort team
may also communicate in other languages.
10. No
information obtained during inspections shall be publicly disclosed without the
express consent of the inspecting State Party.
11. Throughout
their presence on the territory of the State Party where an inspection is to be
carried out, inspectors shall have the right to communicate with the embassy or
consulate of the inspecting State Party located on that territory, using
appropriate telecommunications means provided by the inspected State Party. The
inspected State Party shall also provide means of communication between the
sub-teams of an inspection team.
12. The
inspected State Party shall transport the inspection team to, from and between
inspection sites by a means and route selected by the inspected State Party.
The inspecting State Party may request a variation in the selected route. The
inspected State Party shall if possible grant such a request. Whenever mutually
agreed, the inspecting State Party will be permitted to use its own land
vehicles.
13. If an
emergency arises that necessitates travel of inspectors from an inspection site
to a point of entry/exit or to the embassy or consulate of the inspecting State
Party on the territory of the State Party where an inspection is carried out,
the inspection team shall so notify the escort team, which shall promptly
arrange such travel, and if necessary, shall provide appropriate means of transportation.
14. The
inspected State Party shall provide for use by the inspection team at the
inspection site an administrative area for storage of equipment and supplies,
report writing, rest breaks and meals.
15. The
inspection team shall be permitted to bring such documents as needed to conduct
the inspection, in particular its own maps and charts. Inspectors shall be
permitted to bring and use portable passive night vision devices, binoculars,
video and still cameras, dictaphones, tape measures,
flashlights, magnetic compasses and laptop computers. The inspectors shall be
permitted to use other equipment, subject to the approval of the inspected
State Party. Throughout the in-country period, the escort team shall have the
right to observe the equipment brought by inspectors, but shall not interfere
with the use of equipment that has been approved by the escort team in
accordance with Section V, paragraphs 5 to 7 of this Protocol.
16. In
the case of an inspection conducted pursuant to Section VII or VIII of this
Protocol, the inspection team shall specify on each occasion it designates the
inspection site to be inspected whether the inspection will be conducted on
foot, by cross-country vehicle, by helicopter or by any combination of these.
Unless otherwise agreed, the inspected State Party shall provide and operate
the appropriate cross-country vehicles at the inspection site.
17. Whenever
possible, subject to the safety requirements and flight regulations of the
inspected State Party and subject to the provisions of paragraphs 18 to 21 of
this Section, the inspection team shall have the right to conduct helicopter
overflights of the inspection site, using a helicopter provided and operated by
the inspected State Party, during inspections conducted pursuant to Sections
VII and VIII of this Protocol.
18. The
inspected State Party shall not be obliged to provide a helicopter at any
inspection site that is less than 20 square kilometres
in area.
19. The
inspected State Party shall have the right to delay, limit or refuse helicopter
overflights above sensitive points, but the presence of sensitive points shall
not prevent helicopter overflight of the remaining areas of the inspection
site. Photography of or above sensitive points during helicopter overflights
shall be permitted only with the approval of the escort team.
20. The
duration of such helicopter overflights at an inspection site shall not exceed
a cumulative total of one hour, unless otherwise agreed between the inspection
team and the escort team.
21. Any
helicopter provided by the inspected State Party shall be large enough to carry
at least two members of the inspection team and at least one member of the
escort team. Inspectors shall be allowed to take and use on overflights of the
inspection site any of the equipment specified in paragraph 15 of this Section.
The inspection team shall advise the escort team during inspection flights
whenever it intends to take photographs. A helicopter shall afford the
inspectors a constant and unobstructed view of the ground.
22. In
discharging their functions, inspectors shall not interfere directly with
ongoing activities at the inspection site and shall avoid unnecessarily
hampering or delaying operations at the inspection site or taking actions
affecting safe operation.
23. Except
as provided for in paragraphs 24 to 29 of this Section, during an inspection of
an object of verification or within a specified area, inspectors shall be
permitted access, entry and unobstructed inspection –
(A) in the case of a specified area, within
the entire specified area; or
(B) in the case of an object of verification,
within the entire territory of the declared site except within those areas
delineated on the site diagram as belonging exclusively to another object of
verification which the inspection team has not designated for inspection.
24. During
an inspection of an object of verification or within a specified area pursuant
to Section VII or VIII of this Protocol and subject to the provisions of
paragraph 25 of this Section, inspectors shall have the right, within the areas
cited in paragraph 23 of this Section, to enter any location, structure or area
within a structure in which battle tanks, armoured
combat vehicles, artillery, combat helicopters, combat aircraft, reclassified
combat-capable trainer aircraft, armoured personnel
carrier look-alikes, armoured infantry fighting
vehicle look-alikes or armoured vehicle launched
bridges are permanently or routinely present. Inspectors, shall not have the
right to enter other structures or areas within structures the entry points to
which are physically accessible only by personnel doors not exceeding two metres in width and to which access is denied by the escort
team.
25. During
an inspection of an object of verification or within a specified area pursuant
to Section VII or VIII or this Protocol, inspectors shall have the right to
look into a hardened aircraft shelter to confirm visually whether any battle
tanks, armoured combat vehicles, artillery, combat
helicopters, combat aircraft, reclassified combat-capable trainer aircraft, armoured personnel carrier look-alikes, armoured
infantry fighting vehicle look-alikes or armoured
vehicle launched bridges are present and, if so, their number and type, model
or version. Notwithstanding the provisions of paragraph 24 of this Section,
inspectors shall enter the interior of such hardened aircraft shelters only
with the approval of the escort team. If such approval is denied and if the
inspectors so request, any battle tanks, armoured
combat vehicles, artillery, combat helicopters, combat aircraft, reclassified
combat-capable trainer aircraft, armoured personnel
carrier look-alikes, armoured infantry fighting
vehicle look-alikes or armoured vehicle launched
bridges in such hardened aircraft shelters shall be displayed outside.
26. During
an inspection of an object of verification or within a specified area pursuant
to Section VII or VIII of this Protocol, except as provided in paragraphs 27 to
33 of this Section, inspectors shall have the right to have access to
conventional armaments and equipment only in so far as is necessary to confirm
visually their number and type, model or version.
27. The
inspected State Party shall have the right to shroud individual sensitive items
of equipment.
28. The escort
team shall have the right to deny access to sensitive points, the number and
extent of which should be as limited as possible, to shrouded objects and to
containers any dimension (width, height, length or diameter) of which is less
than two metres. Whenever a sensitive point is
designated, or shrouded objects or containers are present, the escort team
shall declare whether the sensitive point, shrouded object or container holds
any battle tanks, armoured combat vehicles,
artillery, combat helicopters, combat aircraft, reclassified combat-capable
trainer aircraft, armoured personnel carrier
look-alikes, armoured infantry fighting vehicle
look-alikes or armoured vehicles launched bridges
and, if so, their number and type, model or version.
29. If
the escort team declares that a sensitive point, shrouded object or container
does contain any of the conventional armaments and equipment specified in
paragraph 28 of this Section, then the escort team shall display or declare
such conventional armaments and equipment to the inspection team and shall take
steps to satisfy the inspection team that no more than the declared number of
such conventional armaments and equipment are present.
30. If,
during an inspection of an object of verification or within a specified area
pursuant to Section VII or VIII of this Protocol, a helicopter of a type that
is or has been on the multi-purpose attack helicopter list in the Protocol on
Existing Types is present at an inspection site and is declared by the escort
team to be a combat support helicopter, or if an Mi-24R or Mi-24K helicopter is
present at an inspection site and is declared by the escort team to be limited
pursuant to Section I, paragraph 3 of the Protocol on Helicopter Recategorisation, such a helicopter shall be subject to
internal inspection in accordance with section IX, paragraphs 4 to 6 of this
Protocol.
31. If,
during an inspection of an object of verification or within a specified area
pursuant to Section VII or VIII of this Protocol, an aircraft of a specified
model or version of combat-capable trainer aircraft listed in Section II of the
Protocol on Aircraft Reclassification is present at an inspection site and is
declared by the escort team to have been certified as unarmed in accordance
with the Protocol on Aircraft Reclassification, such as aircraft shall be
subject to internal inspection in accordance with Section IX, paragraphs 4 and
5 of this Protocol.
32. If,
during an inspection of an object of verification or within a specified area
pursuant to Section VII or VIII of this Protocol, an armoured
vehicle declared by the escort team to be an armoured
personnel carrier look-alike or an armoured infantry
fighting vehicle look-alike is present at an inspection site, the inspection
team shall have the right to determine that such vehicle cannot permit the
transport of a combat infantry squad. Inspectors shall have the right to
require the doors and/or hatches of the vehicle to be opened so that the
interior can be visually inspected from outside the vehicle. Sensitive
equipment in or on the vehicle may be shrouded.
33. If,
during an inspection of an object of verification or within a specified area
pursuant to Section VII or VIII of this Protocol, items of equipment declared
by the escort team to have been reduced in accordance with the provisions in
the Protocol on Reduction are present at an inspection site, the inspection
team shall have the right to inspect such items of equipment to confirm that
they have been reduced in accordance with the procedures specified in Sections
III to XII of the Protocol on Reduction.
34. Inspectors
shall have the right to take photographs, including video, for the purpose of
recording the presence of conventional armaments and equipment subject to the
Treaty, including within designated permanent storage sites, or other storage
sites containing more than 50 such conventional armaments and equipment. Still
cameras shall be limited to 35 mm cameras and to cameras capable of producing
instantly developed photographic prints. The inspection team shall advise the
escort team in advance whether it plans to take photographs. The escort team
shall co-operate with the inspection team’s taking of photographs.
35. Photography
of sensitive points shall be permitted only with the approval of the escort
team.
36. Except
as provided for in paragraph 38 of this Section, photography of interiors of
structures other than storage sites specified in paragraph 34 of this Section
shall be permitted only with the approval of the escort team.
37. Inspectors
shall have the right to take measurements to resolve ambiguities that might
arise during inspections. Such measurements recorded during inspections shall
be confirmed by a member of the inspection team and a member of the escort team
immediately after they are taken. Such confirmed data shall be included in the
inspection report.
38. States
Parties shall, whenever possible, resolve during an inspection any ambiguities
that arise regarding factual information. Whenever inspectors request the
escort team to clarify such ambiguity, the escort team shall promptly provide
the inspection team with clarification. If inspectors decide to document an
unresolved ambiguity with photographs, the escort team shall, subject to the
provision in paragraph 35 of this Section, co-operate with the inspection
team’s taking of appropriate photographs using a camera capable of
producing instantly developed photographic prints. If an ambiguity cannot be
resolved during the inspection, then the question, relevant clarifications and
any pertinent photographs shall be included in the inspection report in
accordance with Section XII of this Protocol.
39. For
inspections conducted pursuant to Sections VII and VIII of this Protocol, the
inspection shall be deemed to have been completed once the inspection report
has been signed and countersigned.
40. No
later than completion of an inspection at a declared site or within a specified
area, the inspection team shall inform the escort team whether the inspection
team intends to conduct a sequential inspection. If the inspection team intends
to conduct a sequential inspection, the inspection team shall designate at that
time the next inspection site. In such cases, subject to the provisions in
Section VII, paragraphs 6 and 17 and Section VIII, paragraph 6, sub-paragraph (A)
of this Protocol, the inspected State Party shall ensure that the inspection
team arrives at the sequential inspection site as soon as possible after
completion of the previous inspection. If the inspection team does not intend
to conduct a sequential inspection, then the provisions in paragraphs 42 and 43
of this Section shall apply.
41. An
inspection team shall have the right to conduct a sequential inspection,
subject to the provisions of Sections VII and VIII of this Protocol, on the
territory of the State Party on which that inspection team has conducted the
preceding inspection –
(A) at any declared site associated with the
same point of entry/exit as the preceding inspection site or the same point of
entry/exit at which the inspection team arrived; or
(B) within any specified area for which the
point of entry/exit at which the inspection team arrived is the nearest point
of entry/exit notified pursuant to Section V of the Protocol on Information
Exchange; or
(C) at any location within 200 kilometres of the preceding inspection site within the same
military district; or
(D) at the location which the inspected State
Party claims, pursuant to Section VII, paragraph 11, sub-paragraph (A) of
this Protocol, is the temporary location of battle tanks, armoured
combat vehicles, artillery, combat helicopters, combat aircraft or armoured vehicle launched bridges which were absent during
inspection of an object of verification at the preceding inspection site, if
such conventional armaments and equipment constitute more than 15 per cent of
the number of such conventional armaments and equipment notified in the most
recent notification pursuant to the Protocol on Information Exchange; or
(E) at the declared site which the
inspected State Party claims, pursuant to Section VII, paragraph 11,
sub-paragraph (B) of this Protocol, is the site or origin for battle
tanks, armoured combat vehicles, artillery, combat
helicopters, combat aircraft or armoured vehicle
launched bridges at the preceding inspection site which are in excess of the
number provided in the most recent modification pursuant to the Protocol on
Information Exchange as being present at that preceding inspection site, if
such conventional armaments and equipment exceed by 15 per cent the number of
such conventional armaments and equipment so notified.
42. After
completion of an inspection at a declared site or within a specified area, if
no sequential inspection has been declared, then the inspection team shall be
transported to the appropriate point of entry/exit as soon as possible and
shall depart the territory of the State Party where the inspection was carried
out within 24 hours.
43. The
inspection team shall leave the territory of the State Party where it has been
conducting inspections from the same point of entry/exit at which it entered,
unless otherwise agreed. If an inspection team chooses to proceed to a point of
entry/exit on the territory of another State Party for the purpose of
conducting inspections, it shall have the right to do so provided that the
inspecting State party has provided the necessary notification in accordance
with Section IV, paragraph 1 of this Protocol.