UNDERSTANDING ON THE STATUS OF "QUALIFIED EXPERTS" IN THE CONTEXT OF INVESTIGATIONS OF ALLEGED USE

The Conference

Recalling that the Commission, in its PC-XII/17, subparagraph 8.6 (b), adopted an understanding on the status of "qualified experts" in the context of investigations of alleged use,

Bearing in mind that the Commission recommended in paragraph 52.3 of its Final Report that the Conference adopt the above mentioned understanding,

Hereby:

1. Adopts the understanding on the status of "qualified experts" in the context of investigations of alleged use.

Annex

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Annex

UNDERSTANDING ON THE STATUS OF "QUALIFIED EXPERTS" IN THE CONTEXT OF INVESTIGATIONS OF ALLEGED USE[1]

1. "Qualified experts" will be designated in accordance with the provisions of
paragraph 7 of Part XI of the Verification Annex, supplemented, as appropriate, by the second part of paragraph 2, and paragraphs 3 through 9 of Part II of the Verification Annex, and will become members of an inspection team in accordance with paragraph 8 of Part XI of the Verification Annex.

2. As members of an inspection team, the qualified experts are subject to the obligations of inspectors. The most conspicuous of these obligations are those in relation to the protection of confidentiality and the observance of safety regulations. However, the extent of the tasks which the qualified experts will be called upon to fulfil will define their involvement in the team work, and their access to confidential information, as well as their terms of employment. It is important to note that qualified experts will join an inspection team for a specific purpose, and that their activities will be limited in accordance with that purpose and the instructions of the team leader. In this connection it is also assumed that each of the qualified experts will enter into a contract of employment (probably on a short-term basis) and into the Organisation's individual secrecy agreement.

3. Within the framework of their duties, the qualified experts may use only the approved inspection equipment designated, calibrated and approved by the Technical Secretariat for that investigation. Any additional equipment a qualified expert might bring to the point of entry, in coordination with the Technical Secretariat, can be brought onto the inspection site only with the express consent of and under conditions set by the State Party on whose territory the investigation takes place.

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