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Receiving an Inspection

1.      Triggering the process

1.1   Receipt and acknowledgement of the notification of an inspection

Within the prescribed timelines, if applicable, and before the planned arrival of the inspection team at the point of entry, the Director-General of the Organisation shall notify the State Party of the intention to carry out an inspection. This notification shall include the following information (CWC, VA, Part II, paragraph 31):

(a) The type of inspection
(b) The point of entry
(c) The date and estimated time of arrival at the point of entry
(d) The means of arrival at the point of entry
(e) The site to be inspected
(f) The names of inspectors and inspection assistants
(g) If appropriate, aircraft clearance for special flights

The inspected State Party shall acknowledge the receipt of the notification provided by the Organisation not later than one hour after its receipt (CWC, VA, Part II, paragraph 33). If the facility of the inspected State Party is located on the territory of another State Party, both States Parties shall be simultaneously notified (CWC, VA, Part II, paragraph 34).

1.2   Notify and liaise with the relevant authorities that will support the inspection

The National Authority should liase with the government authorities and agencies that, in the light of the national legislation and regulations, are charged to undertake actions, discharge responsibilities or carry out tasks conducive to the support of the inspection and the inspection team. These tasks may be the following:

1.2.1        Organise the joint actions to be undertaken by the National Authority (escort team) in co-ordination with other national support teams

Supporting the inspection activities to be carried out by the inspection team while in the territory of the inspected State Party involves the co-ordination of the actions carried out by groups other than the escort team. In this capacity, the Escort Team has to take the lead and act as the contact point for all other groups providing support, such as customs, immigration, national police, security, medical, airlines, etc.

1.2.2        Identify and notify the facility receiving the inspection

The facility receiving the inspection shall have to be identified by the National Authority by means of the site name and/or code provided by the inspected State Party in the declarations provided to the Secretariat. Once this is accomplished, the National Authority shall inform the facility of the impending inspection.

Important requirements to be met by the site to fulfil the Convention must be reiterated by the National Authority at this time (if not previously conveyed). The latter may include the particular type of inspection, its duration, suggested type and extent of information (documents and/or records) to be provided to the inspection team and the extent of physical access to be granted. Furthermore, the National Authority shall mention the specific amenities, e.g. a working room, and other logistic arrangements that the inspected site may have to provide to the inspection team.

1.3 Logistics arrangements

1.3.1 Make arrangements related to the inspection time frame

The notification sent by the Secretariat contains relevant specific information; it allows the National Authority to arrange for the inspection time frame, depending on the inspection to be received. The list of inspectable industry facilities includes:

Schedule 1 facilities

The purpose of the initial inspection shall be to verify the information provided concerning the facility (CWC, VA, Part VI, paragraph 24). The duration of an inspection for a particular facility shall be based on the risk to the object and purpose of the Chemical Weapons Convention posed by the relevant chemicals and the characteristics of the facility (CWC, VA, Part VI, paragraph 23).

Facilities related to Schedule 2 chemicals

An inspection shall not last more than 96 hours, unless an extension is agreed between the inspection team and the inspected State Party (CWC, VA, Part VII, paragraph 29).

Facilities related to Schedule 3 chemicals

An inspection shall not last more than 24 hours; however, extensions may be agreed between the inspection team and the inspected State Party (CWC, VA, Part VIII, paragraph 24).

Other chemical production facilities

The period of the inspection shall not last more than 24 hours. However, extensions may be agreed between the inspection team and the inspected State Party (CWC, VA, Part IX, paragraph 20).

1.3.2 Arrange for the activities at the point of entry

The point of entry procedures include administrative activities and procedures related to the inspected State Party’s inspection of the approved equipment carried by the inspection team (CWC, VA, Part II, paragraphs 27 and 29) (C-I/DEC.7). 

During the inspection team’s stay within the territory of the inspected State Party, and thus also at the point of entry, inspectors are granted privileges and immunities as specified in the Chemical Weapons Convention (CWC, VA, Part II, paragraphs 10-15).

It is desirable that the National Authority arrange, among others, for the following:

1.3.2.1. Inform the customs and immigration authorities

Inform the custom and immigration authorities of the arrival of the inspection team. It is advisable to arrange for the inspection team’s preferential passage through customs and immigration.

1.3.2.2. Procure a venue for point of entry proceedings

An adequate venue should be available at the point of entry to carry out the pertinent activities such as Inspection Mandate remittance and inspection of the equipment brought by the inspection team by the designated personnel of the National Authority.

1.3.3 Arrange transportation of the inspection team to the inspection site

The National Authority shall, as necessary, assist the inspection team in reaching the inspection site not later than 12 hours after the arrival at the point of entry. (CWC, VA, Part II, paragraph 36).

1.3.4 Arrange the necessary amenities for the inspection team.

The inspected State Party shall provide or arrange for the amenities necessary for the inspection team such as communication means, interpretation services to the extent necessary for the performance of interviewing and other tasks, transportation, working space, lodging, meals and medical care (CWC, VA, Part II, paragraph 26).

1.3.5 Arrange for the safety of the inspection team

In carrying out their activities, inspectors and inspection assistants shall observe safety regulations established at the inspection site, including those for the protection of controlled environments within a facility and for personal safety (CWC, VA, Part II, paragraph 43).

To implement this provision of the Chemical Weapons Convention, the National Authority shall liase with site personnel. Appropriate detailed procedures shall be provided to the inspection team upon arrival at the inspected site, in the context of the pre-inspection briefing (CWC, VA, Part II, paragraph 37).

2.      Arrival of the inspection team at the point of entry

2.1.   Meet the inspection team at the point of entry

It is advisable that the inspected State Party’s escort team meet the inspection team immediately upon arrival at the point of entry.

2.2.   Arrange for customs and immigration clearance

Customs and immigration authorities should be made aware of the privileges and immunities enjoyed by the inspection team while carrying out inspection activities, as specified in the Chemical Weapons Convention (CWC, VA, Part II, paragraphs 10-15).

2.3.   Activities at the point of entry

The inspected State Party should confirm all relevant information concerning the members of the inspection team vis-à-vis the information provided in the notification of the inspection.

2.3.1.      Remittance of inspection mandate

The inspection team leader shall remit the Inspection Mandate to the representative of the inspected State Party.

2.3.2. Inspection of equipment brought by the inspection team

The inspected State Party has the right to inspect, at the point of entry and in the presence of inspection team members, the approved inspection equipment brought by the inspection team. This right is to be exercised without prejudice to the inviolability of equipment (CWC, VA, Part II, sub-paragraph 11(d)).

At these proceedings, the National Authority should verify the integrity of the seals on each equipment container, and ensure that devices and equipment serial numbers match the information provided by the Secretariat (CWC, VA, Part II, paragraph 29). The inspected State Party may exclude equipment not meeting the description of approved equipment, or lacking authentication documents or devices attached by the Secretariat to authenticate its designation (CWC, VA, Part II, paragraph 29).

The inspected State Party’s representatives who conduct inspection of equipment brought by the inspection team must follow the procedures adopted by the Conference of State Parties (C-I/DEC.7).

2.3.3 Provision of secure storage for excluded inspection equipment

Any equipment excluded by the inspected State Party at the point of entry shall be kept under its custody, under joint seal and lock, to be returned to the inspection team upon its departure from the inspected State Party, at the point of exit.

2.3.4 Briefing the inspection team on logistic arrangements

The inspected State Party should brief the inspection team about details of the programmed activities necessary to reach the inspection site. The briefing should include, as necessary, information related to other amenities such as means of communication, interpretation services, transportation, workspace, storage facilities, accommodation and meals, and medical care (CWC, VA, Part II, paragraph 26).

2.4. Transportation to the inspection site

The inspected State Party shall, as necessary, assist the inspection team in reaching the inspection site not later than 12 hours after the arrival at the point of entry (CWC, VA, Part II, paragraph 36). To this effect the National Authority shall arrange for suitable and timely transport for the inspection team and its equipment.

3.      Activities at the inspection site

3.1.        Pre-inspection activities

3.1.1.      Providing the inspection team suitable working space at the facility.

The inspected State Party shall arrange for the provision of the necessary amenities for the inspection team, including the working space used for the team’s deliberations, preparation of reports and other activities relevant to the conduct of the inspection (CWC, VA, Part II, paragraph 26).

3.1.2.      Pre-inspection briefing

Upon arrival at the inspection site and before the commencement of the inspection, facility representatives shall brief the inspection team. This shall be carried out with the aid of maps and other documentation on the facility, as appropriate, and shall address the activities carried out there, safety measures and administrative and logistic arrangements necessary for the inspection. The time spent for the briefing shall be limited to the minimum necessary and in any event not exceed three hours (CWC, VA, Part II, paragraph 37).

3.1.3.      Site tour

Depending upon the size of the facility and /or the estimated complexity of operations, the inspection team may request, prior to the start of the inspection, a site tour. The inspected State Party may propose that the time for such a tour be included within the overall inspection duration.

3.1.4.      Provision of an inspection plan

A preliminary inspection plan, prepared by the inspection team before arrival at the inspection site, may be adjusted in light of the information gained at the pre-inspection briefing and the tour of the premises provided by the site personnel. This adjusted plan is then provided to the inspected State Party to expedite and co-ordinate the National Authority’s support of the inspection activities.

3.2. Inspection activities

3.2.1.      Support the inspection team during the inspection

Detailed procedures for the conduct of inspections, including for the support to be provided to the inspection team during an inspection, are contained in Part II E of the Verification Annex to the Convention (CWC, VA, Part II, paragraphs 38-58).

3.2.2.      Extension of inspection duration

Periods of inspection may be extended by agreement with the representative of the inspected State Party (CWC, VA, Part II, paragraph 59).

3.3. Post-inspection activities

3.3.1.      Preliminary findings

Upon completion of an inspection the inspection team shall meet with representatives of the inspected State Party and the personnel responsible for the inspection site to review the preliminary findings of the inspection team and to clarify any ambiguities. The inspection team shall provide to the representatives of the inspected State Party its preliminary findings in written form according to a standardised format, together with a list of any samples and copies of written information and data gathered and other materials to be taken off site. 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. Any written comments, which the inspected State Party may make, shall be annexed. This meeting shall be completed not later than 24 hours after the completion of the inspection (CWC, VA, Part II, paragraph 60).

Not later than 10 days after the inspection, the inspectors shall prepare a factual, final report on the activities conducted by them on their findings, to be provided to the inspected State Party.  It shall only contain facts relevant to compliance with the Chemical Weapons Convention, as provided for under the inspection mandate. The report shall also provide information as to the manner in which the State Party inspected co-operated with the inspection team. Differing observations made by inspectors may be attached to the report. The report shall be kept confidential, and the inspected State Party may make comments thereto (CWC, VA, Part II, paragraphs 62 and 63).

3.3.2.      Draft Facility Agreement

A Facility Agreement means an agreement or arrangement between a State Party and the Organisation relating to a specific facility subject to on-site verification pursuant to Articles IV, V and VI (CWC, VA, Part I, paragraph 7).

Each State Party shall conclude a facility agreement with the Organisation for each facility declared and subject to on‑site inspection pursuant to Articles IV, V, and VI, paragraph 3 (CWC, VA, Part III, paragraph 3).

Facility agreements shall be based on models for such agreements and provide for detailed arrangements which shall govern inspections at each facility.  The model agreements shall include provisions to take into account future technological developments and shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i) (CWC, VA, Part III, paragraph 8).

Depending on the type of inspection, the inspection team may be mandated to collect information and, with the co-operation of the inspected State Party, prepare a draft Facility Agreement for further discussion between the inspected State Party and the Secretariat.

4.      Activities at the point of exit

4.1. Transportation from the inspection site to the point of exit

Upon completion of the post-inspection procedures, the inspection team shall leave, as soon as possible, the territory of the inspected State Party or the Host State (CWC, VA, Part II, paragraph 61).

In the light of the foregoing paragraph, the National Authority shall assist the inspection team to leave the territory of the inspected State Party or the Host State as soon as possible.

4.2. Activities at the point of exit

4.2.1.      Inspection of the team’s inspection equipment

The inspected State Party shall have the right, without prejudice to the prescribed time-frames, to inspect the equipment in the presence of inspection team members at the point of exit, i.e., to check the identity of the equipment brought in or removed from the territory of the inspected State Party or the Host State (CWC, VA, Part II, paragraph 29). The inspected State Party’s representatives who conduct these inspections must follow the procedures adopted by the Conference of State Parties (C-I/DEC.7).

4.2.2.      Return  excluded inspection equipment to the inspection team

Any equipment excluded by the inspected State Party at the point of entry shall be kept under its custody, under joint seal and lock and shall be returned to the inspection team upon completion of the inspection.

4.3. Customs and immigration clearance

Customs and immigration authorities should be made aware of the privileges and immunities enjoyed by the inspection team while carrying out inspection activities, as specified in the Chemical Weapons Convention (CWC, VA, Part II, paragraphs 10-15).

5.      Other topics

5.1. Confidentiality

The Chemical Weapons Convention makes special provisions relating the safeguard of the confidential information provided by State Parties to the Organisation and by the Organisation to State Parties.

These considerations are embodied in the Convention’s Annex on the Protection of Confidential Information, also know as Confidentiality Annex, in the OPCW Policy on Confidentiality (C-I/DEC.13), and – internally - in the Manual on Confidentiality Procedure.

In the context of inspections carried out by the Organisation the most important considerations related to confidentiality are:

• The Organisation shall conduct its verification activities provided for under the Chemical Weapons Convention 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 the Chemical Weapons Convention.  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 the Chemical Weapons Convention and, in particular, shall abide by the provisions set forth in the Confidentiality Annex (CWC, Article VIII, paragraph 5).
• States Parties may take such measures as they deem necessary to protect confidentiality, provided that they fulfil their obligations to demonstrate compliance in accordance with the Chemical Weapons Convention’s relevant Articles and its Verification Annex.  When receiving an inspection, the State Party may indicate to the inspection team the equipment, documentation or areas that it considers sensitive and not related to the purpose of the inspection (CWC, CA, paragraph 13).
• Inspection teams shall be guided by the principle of conducting on‑site inspections in the least intrusive manner possible consistent with the effective and timely accomplishment of their mission.  They shall take into consideration proposals which may be made by the State Party receiving the inspection, at whatever stage of the inspection, to ensure that sensitive equipment or information, not related to chemical weapons, is protected (CWC, CA, paragraph 14).
• Inspection teams shall strictly abide by the provisions set forth in the relevant Chemical Weapons Convention’s Articles and Annexes governing the conduct of inspections.  They shall fully respect the procedures designed to protect sensitive installations and to prevent the disclosure of confidential data (CWC, CA, paragraph 15).
• In the elaboration of arrangements and facility agreements, due regard shall be paid to the requirement of protecting confidential information.  Agreements on inspection procedures for individual facilities shall also include specific and detailed arrangements with regard to the determination of those areas of the facility to which inspectors are granted access, the storage of confidential information on‑site, the scope of the inspection effort in agreed areas, the taking of samples and their analysis, the access to records and the use of instruments and continuous monitoring equipment (CWC, CA, paragraph 16).
• The report to be prepared after each inspection shall only contain facts relevant to compliance with this Convention.  The report shall be handled in accordance with the regulations established by the Organisation governing the handling of confidential information.  If necessary, the information contained in the report shall be processed into less sensitive forms before it is transmitted outside the Secretariat and the inspected State Party (CWC, CA, paragraph 17).

5.2. Media policy and inspection teams on-site 

The Organisation’s OPCW Media and Public Affairs Policy (C-I/DEC.55) prescribes the conduct to be observed by inspection teams while carrying out inspection activities, in the following manner:  

• The inspection team leader shall be responsible for ensuring strict adherence to the Media Policy by all members of the inspection team, including, when present, qualified experts designated by the Director-General under paragraph 7, Part XI of the Verification Annex. Members of the inspection team shall be fully conversant with the Media Policy and the relevant administrative directives of the Director-General.
• Members of the inspection teams shall neither initiate contacts with, nor comment on, any aspect of a specific inspection activity in a State Party for the benefit of the news media or the general public.  If required, without prejudice to the provision of paragraph 2(c) (ii) of the Annex on Confidentiality and after prior authorisation by the Director-General, the inspection team leader may make statements to the news media or the general public. Any such statement should be in conformity with standard press guidelines on the general verification and inspection programme, which will be developed by the Organisation. The inspected State Party shall be consulted, prior to contact with the news media, on the advisability of establishing such contacts and of making such statements. 

 5.3. Health and safety related matters

The OPCW Health and Safety Policy (C-I/DEC.8) prescribes the role and the specific actions and information to be provided to inspection teams while in the territory of a State Party.

• Inspected State Parties (or, where applicable, Host States) shall assign the highest priority to the health and safety of people and the protection of the environment. To this end, information on national safety and health standards, local health and safety requirements, disclosure of relevant known hazards, local health and safety requirements, disclosure of relevant known hazards, and the availability of on-site support shall, where reasonably practicable, be provided to the Secretariat in advance of inspections. Where this is not practicable the appropriate health and safety information shall be included in the initial inspection team briefing (CWC, VA, Part II, paragraph 37).
• An inspected State Party shall be responsible for ensuring that the health and safety risks are minimised and shall facilitate the conduct of the inspection in a safe manner. When, despite a high level of safety measures, a risk remains, the inspected State Party shall inform the inspection team leader of the level of risk.

The Health and Safety Policy also addresses the right of an inspected State Party to ensure compliance by all inspection team personnel with its national health and safety policy and regulations and with local, or site-specific requirements and regulations giving consideration to the need to protect national or site confidentiality and in this regard (C-I/DEC.8, paragraph 3.3.3):

• Whenever a national or site-specific requirement is more stringent than the OPCW provisions or conforms to them, the inspected State Party shall either provide the resources needed to meet its standards or waive their enforcement (C-I/DEC.8, paragraph 3.3.3 (a)).
• Whenever an OPCW requirement is more stringent than the national or site-specific (Host State’s) provisions, the inspection team leader shall have the right to require all OPCW inspection team members to conform to OPCW Policy and Regulations, as long as it does not infringe upon site-specific health, safety and confidentiality requirements. The team leader may also encourage all other personnel to comply with them as far as is reasonably practicable (C-I/DEC.8, paragraph 3.3.3 (b)).
• Difference in interpretation of applicable health and safety policy and regulations that cannot be resolved on-site will be referred by the inspection team leader to the Director-General for resolution, taking due note of the requirement for confidentiality. In situations where the Director-General authorises the team leader to proceed, and the inspected State Party concurs, a clear division of responsibility shall be agreed, in respect to any incident or accident that might result.  However, in order to ensure the control of the level of risk for the inspection team members and for the inspected site the inspection will not proceed unless the State Party has concurred. This is without prejudice to the obligations of a State Party to provide access to an inspected facility for the purpose of carrying out inspection activities, in accordance with the Chemical Weapons Convention (C-I/DEC.8, paragraph 3.3.3 (c))

5.4 Inspection costs

The inspected State Party shall provide or arrange for the amenities necessary for the inspection team such as communication means, interpretation services to the extent necessary for the performance of interviewing and other tasks, transportation, working space, lodging, meals and medical care.  In this regard, the inspected State Party shall be reimbursed by the Organisation for such costs incurred by the inspection team (CWC, VA, Part II, paragraph 26).

Each State Party shall meet the costs of destruction of chemical weapons it is obliged to destroy.  It shall also meet the costs of verification of storage and destruction of these chemical weapons unless the Executive Council decides otherwise.  If the Executive Council decides to limit verification measures of the Organisation pursuant to Chemical Weapons Convention’s paragraph 13, the costs of complementary verification and monitoring by the Organisation shall be paid in accordance with the United Nations scale of assessment, as specified in Article VIII, paragraph 7 (CWC, Article IV, paragraph 16).

Each State Party shall meet the costs of destruction of chemical weapons production facilities it is obliged to destroy.  It shall also meet the costs of verification under this Article unless the Executive Council decides otherwise.  If the Executive Council decides to limit verification measures of the Organisation pursuant to paragraph 16, the costs of complementary verification and monitoring by the Organisation shall be paid in accordance with the United Nations scale of assessment, as specified in Article VIII, paragraph 7 (CWC, Article V, paragraph 19).

The procedures for the costs of the verification of chemical weapons related facilities are contained in C-I/DEC.74, Chapter 2, C-II/DEC.17, paragraph 2, C-III/DEC.8 and C-IV/DEC.5.

End-Use Certificates | Receiving an Inspection | Financial Obligations | Challenge Inspections