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Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction, Paris 13 January 1993

CONSULTATIONS, COOPERATION AND FACT-FINDING

ARTICLE IX

CONSULTATIONS, COOPERATION AND FACT-FINDING

1. States Parties shall consult and cooperate, 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

Convention.

2. Without prejudice to the right of any State Party to request a challenge

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

to clarify and resolve, through exchange of information and consultations

among themselves, any matter which may cause doubt about compliance with this

Convention, or which gives rise to concerns about a related matter which may

be considered ambiguous. A State Party which receives a request from another

State Party for clarification of any matter which the requesting State Party

believes causes such a doubt or concern shall provide the requesting State

Party as soon as possible, but in any case not later than 10 days after the

request, with information sufficient to answer the doubt or concern raised

along with an explanation of how the information provided resolves the matter.

Nothing in this Convention shall affect the right of any two or more States

Parties to arrange by mutual consent for inspections or any other procedures

among themselves to clarify and resolve any matter which may cause doubt about

compliance or gives rise to a concern about a related matter which may be

considered ambiguous. Such arrangements shall not affect the rights and

obligations of any State Party under other provisions of this Convention.

Procedure for requesting clarification

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

assist in clarifying any situation which may be considered ambiguous or which

gives rise to a concern about the possible non-compliance of another State

Party with this Convention. The Executive Council shall provide appropriate

information in its possession relevant to such a concern.

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

obtain clarification from another State Party on any situation which may be

considered ambiguous or which gives rise to a concern about its possible

non-compliance with this Convention. In such a case, the following shall

apply:

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

State Party concerned through the Director-General not 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 not later than 10 days

after the receipt of the request;

it to the requesting State Party not 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 from the

requested State Party further clarification;

(e) For the purpose of obtaining further clarification requested under

subparagraph (d), the Executive Council may call on the Director-General to

establish a group of experts from the Technical Secretariat, or if appropriate

staff are not available in the Technical Secretariat, from elsewhere, to

examine all available information and data relevant to the situation causing

the concern. The group of experts shall submit a factual report to the

Executive Council on its findings;

(f) If the requesting State Party considers the clarification obtained under

subparagraphs (d) and (e) to be unsatisfactory, it shall have the right to

request a special session of the Executive Council in which States Parties

involved that are not members of the Executive Council shall be entitled to

take part. In such a special session, the Executive Council shall consider the

matter and may recommend any measure it deems appropriate to resolve the

situation.

5. A State Party shall also have the right to request the Executive Council to

clarify any situation which has been considered ambiguous or has given rise to

a concern about its possible non-compliance with this Convention. The

Executive Council shall respond by providing such assistance as appropriate.

6. The Executive Council shall inform the States Parties about any request for

clarification provided in this Article.

7. If the doubt or concern of a State Party about a possible non-compliance

has not been resolved within 60 days after the submission of the request for

clarification to the Executive Council, or it believes its doubts warrant

urgent consideration, notwithstanding its right to request a challenge

inspection, it may request a special session of the Conference in accordance

with Article VIII, paragraph 12 (c). At such a special session, the Conference

shall consider the matter and may recommend any measure it deems appropriate

to resolve the situation.

Procedures for challenge inspections

8. Each State Party has the right to request an on-site challenge inspection

of any facility or location in the territory or in any other place under the

jurisdiction or control of any other State Party for the sole purpose of

clarifying and resolving any questions concerning possible non-compliance with

the provisions of this Convention, and to have this inspection conducted

anywhere without delay by an inspection team designated by the

Director-General and in accordance with the Verification Annex.

9. Each State Party is under the obligation to keep the inspection request

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

all appropriate information on the basis of which a concern has arisen

regarding possible non-compliance with this Convention as specified in the

Verification Annex. Each State Party shall refrain from unfounded inspection

requests, care being taken to avoid abuse. The challenge inspection shall be

carried out for the sole purpose of determining facts relating to the possible

non-compliance.

10. For the purpose of verifying compliance with the provisions of this

Convention, each State Party shall permit the Technical Secretariat to conduct

the on-site challenge inspection pursuant to paragraph 8.

11. Pursuant to a request for a challenge inspection of a facility or

location, and in accordance with the procedures provided for in the

Verification Annex, the inspected State Party shall have.

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

demonstrate its compliance with this Convention and, to this end, to enable

the inspection team to fulfil its mandate;

(b) The obligation to provide access within the requested site for the sole

purpose of establishing facts relevant to the concern regarding possible

non-compliance; and

prevent disclosure of confidential information and data, not related to this

Convention.

12. With regard to an observer, the following shall apply:

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

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

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

of the challenge inspection.

(b) The inspected State Party shall then grant access to the observer in

accordance with the Verification Annex.

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

shall be recorded in the final report.

13. The requesting State Party shall present an inspection request for an

on-site challenge inspection to the Executive Council and at the same time to

the Director-General for immediate processing.

14. The Director-General shall immediately ascertain that the inspection

request meets the requirements specified in Part X, paragraph 4, of the

Verification Annex, and, if necessary, assist the requesting State Party in

filing the inspection request accordingly. When the inspection request fulfils

the requirements, preparations for the challenge inspection shall begin.

15. The Director-General shall transmit the inspection request to the

inspected State Party not less than 12 hours before the planned arrival of the

inspection team at the point of entry.

16. After having received the inspection request, the Executive Council shall

take cognizance of the Director-General's actions on the request and shall

keep the case under its consideration throughout the inspection procedure.

However, its deliberations shall not delay the inspection process.

17. The Executive Council may, not later than 12 hours after having received

the inspection request, decide by a three-quarter majority of all its members

against carrying out the challenge inspection, if it considers the inspection

request to be frivolous, abusive or clearly beyond the scope of this

Convention as described in paragraph 8. Neither the requesting nor the

inspected State Party shall participate in such a decision. If the Executive

Council decides against the challenge inspection, preparations shall be

stopped, no further action on the inspection request shall be taken, and the

States Parties concerned shall be informed accordingly.

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

the challenge inspection. The inspection mandate shall be the inspection

request referred to in paragraphs 8 and 9 put into operational terms, and

shall conform with the inspection request.

19. The challenge inspection shall be conducted in accordance with Part X or,

in the case of alleged use, in accordance with Part XI of the Verification

Annex. The inspection team shall be guided by the principle of conducting the

challenge inspection in the least intrusive manner possible, consistent with

the effective and timely accomplishment of its mission.

20. The inspected State Party shall assist the inspection team throughout the

challenge inspection and facilitate its task. If the inspected State Party

proposes, pursuant to Part X, Section C, of the Verification Annex,

arrangements to demonstrate compliance with this Convention, alternative to

full and comprehensive access, it shall make every reasonable effort, through

consultations with the inspection team, to reach agreement on the modalities

for establishing the facts with the aim of demonstrating its compliance.

21. The final report shall contain the factual findings as well as an

assessment by the inspection team of the degree and nature of access and

cooperation granted for the satisfactory implementation of the challenge

inspection. The Director-General shall promptly transmit the final report of

the inspection team to the requesting State Party, to the inspected State

Party, to the Executive Council and to all other States Parties. The

Director-General shall further transmit promptly to the Executive Council the

assessments of the requesting and of the inspected States Parties, as well as

the views of other States Parties which may be conveyed to the

Director-General for that purpose, and then provide them to all States

Parties.

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

review the final report of the inspection team as soon as it is presented, and

address any concerns as to:

(a) Whether any non-compliance has occurred;

(b) Whether the request had been within the scope of this Convention; and

23. If the Executive Council reaches the conclusion, in keeping with its

powers and functions, that further action may be necessary with regard to

paragraph 22, it shall take the appropriate measures to redress the situation

and to ensure compliance with this Convention, including specific

recommendations to the Conference. In the case of abuse, the Executive Council

shall examine whether the requesting State Party should bear any of the

financial implications of the challenge inspection.

24. The requesting State Party and the inspected State Party shall have the

right to participate in the review process. The Executive Council shall inform

the States Parties and the next session of the Conference of the outcome of

the process.

25. If the Executive Council has made specific recommendations to the

Conference, the Conference shall consider action in accordance with Article

XII.

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