Proposals for further consideration by the Friend of the Chair on Investigations

E. CONSULTATION, CLARIFICATION AND COOPERATION

1. States Parties [shall] [may] without prejudice to their rights and obligations under Article V of the Convention, [and without prejudice to their right to request an investigation,] consult and cooperate, directly among themselves, or through the Organization or other appropriate international procedures, including 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 of the Convention, or the implementation of the provisions of this Protocol, and to clarify and resolve any matter which may cause concern about possible non-compliance with the obligations of this Protocol or the Convention. For these purposes, States Parties [shall] [prior to the submission of any request for an investigation, first make every effort to] [may] [without prejudice to their right to request an investigation,] follow, inter alia, one or more of the following procedures:

(a) Seek clarification from another State Party directly, or through the offices of a third State Party, or other appropriate international procedures. In the case of a written request for clarification, the requested State Party shall provide the clarification to the requesting State Party as soon as possible, but in any case not later than 20 days after receipt of the request. The requesting and requested States Parties may, if they agree, keep the Executive Council and Director-General informed of the request and the response;

(b) Submit a written request for clarification concerning another State Party, together with information upon which the request is made, to the Director-General. The Director-General shall immediately forward the request to the State Party concerned. The requested State Party shall provide the clarification to the Director-General as soon as possible, but in any case not later than 20 days after receipt of the request. The Director-General shall immediately forward the clarification to the requesting State Party. If agreed by both the requesting and requested States Parties, the Director-General shall keep the Executive Council and/or all other States Parties informed of the request and the basis for the request as well as the response;

(c) If the case is particularly serious, submit a written request for clarification concerning another State Party, together with information upon which the request is made, to the Executive Council which shall forward the request to the requested State Party through the Director-General not later than 24 hours after its receipt. The requested State Party shall provide the response to the Executive Council as soon as possible, but in any case not later than 20 days after receipt of the request. The Executive Council shall take note of the response and forward it to the requesting State Party not later than 24 hours after its receipt. The Executive Council shall inform without delay all other States Parties about any such request for clarification and the basis for this request as well as the response provided by the requested State Party.

2. For the purposes of obtaining further clarification, the Executive Council may call on the Director-General to consult the Scientific Advisory Board and/or establish on the basis of equitable geographical distribution, if possible, a group of experts from the list of investigation personnel designated and approved in accordance with the procedures set out in Annex D, section I. The Scientific Advisory Board and/or the group of experts shall examine all available information and data relevant to the situation causing concern. The Scientific Advisory Board and/or the group of experts shall submit a factual report to the Executive Council on its findings as soon as possible.

3. If, following receipt of the clarification obtained pursuant to paragraph 1, the requesting State Party considers that the response does not resolve the concern, and that it needs to seek further clarification, or if it has not received the clarification within the times specified in paragraph 1, or if the requested State Party makes it clear to the requesting State Party, that it will not provide the requested clarification, the requesting State Party may request in writing, providing reasons why the clarification does not resolve the concern:

(a) The Executive Council to obtain further clarification from the requested State Party or to obtain from the requested State Party the reasons as to why it has not provided the clarification as required under the provisions of this Article within the times specified in paragraph 1, or why the requested State Party will not provide the requested clarification; and/or

(b) 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 to the States Parties involved any measure it deems appropriate to resolve the situation, including the conduct of a clarification visit pursuant to the procedures set forth in paragraphs 79 to 97 in section D, subsection II of this Article.

4. If the concern of a State Party about possible non-compliance has not been resolved within 60 days after the submission of the request for clarification to the Executive Council, and if the State Party believes its concern warrants urgent consideration, it may request in writing a special session of the Conference of States Parties in accordance with Article IX, 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 in accordance with Article V.

5. The requested State Party may at any time during the consultation, clarification and cooperation process or simultaneously with providing its response in accordance with paragraph 1:

(a) Request the Executive Council to consider the matter on the basis of the information which was made available in the request as well as on information which has been made available by the requested State Party, and, if appropriate, also on the basis of information received from the Technical Secretariat based on the declarations submitted by the States Parties and any other relevant information which it has acquired in the performance of its functions as specified in Articles VII and IX;

(b) Invite the Director-General to send a visiting team to conduct a voluntary clarification visit at a facility where there is a concern that it should have been declared, in order to resolve the concern. Such a visit shall be conducted in accordance with the procedures for voluntary clarification visits set out in Article III, section D, subsection II, paragraphs 76 to 97.

6. If requested by all the States Parties concerned, other States Parties or relevant international organizations may undertake to assist in clarifying or resolving matters related to a concern about non-compliance which has been raised as a matter for consultation, clarification and cooperation.

7. Nothing in the above arrangements shall prejudice States Parties rights to arrange by mutual consent for any procedures among themselves.