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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
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
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
(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;
(c) The Executive Council shall take note of the clarification and forward
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
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
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
(c) The right to take measures to protect sensitive installations, and to
prevent disclosure of confidential information and data, not related to this
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.
(c) 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 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
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
(c) Whether the right to request a challenge inspection had been abused.
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
25. If the Executive Council has made specific recommendations to the
Conference, the Conference shall consider action in accordance with Article