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Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 1993)

Regulations

Chemical Weapons Regulations, 2010

5. Inspections by inspectors of the Organization

 

(1) Pursuant to Part II of the Verification Annex, read together with the relevant provisions of the Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001), inspectors and inspection assistants shall be afforded all the privileges and immunities as set forth in Section B of Part II of the Verification Annex, and be subject to the obligations specified in Section E of Part II of the Verification Annex.

 

(2) Any qualified expert who is designated in terms of paragraph 7 of Section B of Part XI of the Verification Annex to be part of a team during an investigation of any case of alleged use of chemical weapons shall enjoy the same privileges and immunities as a designated inspector or inspection assistant employed by the Organization.

 

(3) Any person in control of a declared facility that may be subject to stipulated data monitoring and on-site verification measures shall be—
(a) advised in writing by the Council within 30 days of the declaration being submitted by the Council to the Organization, that under specified circumstances, the declared facility may be subject to data monitoring or on-site verification measures by the Organization; and
(b) notified expeditiously, in order to meet the time frames stipulated in the Chemical Weapons Convention, of the receipt by the Council of an inspection notification relating to the declared facility from the Organization pursuant to paragraph 31 of Section 0 of Part II of the Verification Annex, and of the available details of such a contemplated inspection.

 

(4) The Council shall, in order to meet the time frames set forth in the Chemical Weapons Convention, appoint an appropriate number of suitably qualified persons, including, as necessary, officials of other appropriate government departments, to be members of the in-country escort to accompany and assist the inspection team during the in-country period.

 

(5) The Council shall issue the necessary authorisation to all members of the incountry escort to enable them to facilitate, in a timeous and effective manner, the inspection as specified in the Verification Annex.

 

(6) Any person in control of a declared facility subject to inspection by the Organization, who has been notified by the Council that the declared facility is to receive an inspection by inspectors of the Organization, shall take the necessary steps to cooperate with the Council in the execution of the inspection in accordance with the provisions of the Verification Annex.