Proposals for further consideration by the Friend of the Chair on Measures to Promote Compliance

H. ADDITIONAL PROVISIONS

1. In the specific case of a declaration, a visit or an investigation provided for in this Article, in which more than one State Party/State is involved, the following provisions shall apply.

(A) DECLARATIONS

2. In cases where the programmes and/or activities or facilities subject to declarations in accordance with the provisions of this Article exist/existed in places on the territory of a State Party, but which are/were under the jurisdiction or control of another State not party to the Protocol, the provision of paragraph 1, section D, of this Article shall not apply to that State Party. The State Party concerned shall seek confirmation from the State under whose jurisdiction or control the programmes and/or activities or facilities fall, whether they are subject to the provisions of paragraph 1, section D, subsection I, of this Article. If so, the State Party in its initial and annual declaration shall inform the Technical Secretariat of the existence of such programmes and/or activities or facilities on its territory.

3. In cases where the programmes and/or activities or facilities subject to declarations in accordance with the provisions of this Article exist/existed in places on the territory of a State Party, but which are/were under the jurisdiction or control of another State Party, the provision of paragraph 1, section D of this Article shall only apply to the latter State Party. The latter shall provide the former with information on the presence of such programmes and/or activities or facilities and with a copy of its declaration relating to such programmes and/or activities or facilities simultaneously with the submission of the declaration to the Organization. The State Party on whose territory aforementioned places are/were shall inform the Organization about the fact of the presence of such programmes and/or activities or facilities in cases where such fact of their presence is known to this State Party.

4. In cases where the programmes and/or activities or facilities which are subject to declarations in accordance with the provisions of this Article exist/existed in places on the territory or in any other place under the jurisdiction or control of a State Party, but are/were conducted or administered by another State Party, the former shall have the right to gain access to information and/or to receive such information required to fulfil its obligations under this section, from the latter State Party. The State Party on whose territory there exist programmes and/or activities or facilities subject to declarations shall seek confirmation from the State Party responsible for such programmes and/or activities or facilities whether it has fulfilled its obligations under the Protocol, and include in its own declarations a report to that effect.

(B) VISITS

Visits on the territory of a host State Party

6. In cases where a facility of a visited State Party is located on the territory of a host State Party, the visited State Party and the host State Party shall cooperate and make arrangements to allow the visit to be conducted in accordance with the provisions of this Protocol.

7. In the case of visits on the territory of a host State Party/State, the host State Party shall be notified by the Director-General in the same manner as the visited State Party is, and the host State should be notified in an appropriate manner. In this case, the visit mandate and notification shall contain the name of the host State Party/State.

(C) INVESTIGATIONS

Access and conduct of investigations involving States other than the receiving State Part

9. In cases where a facility or area of a receiving State Party is located on the territory of a host State Party or where the transport from the point of entry to a facility or area subject to investigation requires transit through the territory of another State Party, the receiving State Party shall exercise the rights and fulfil the obligations concerning such investigations in accordance with this Protocol. The host State Party shall facilitate the investigation of that facility or area and shall provide for the necessary support to enable the investigation team to carry out its tasks in a timely and effective manner. States Parties through whose territory transit is required to a facility or area to be investigated of a receiving State Party, shall facilitate such transit.

10. In cases where a facility or area of a receiving State Party is located on the territory of a host State not party to this Protocol, the receiving State Party shall take all necessary measures to ensure that investigations of that facility or area can be carried out in accordance with the provisions of this Protocol. A State Party that has one or more facilities or areas on the territory of a host State not party to this Protocol shall take all necessary measures to ensure acceptance by the host State of the designated investigation personnel accepted by the receiving State Party in accordance with the provisions set out in Annex D, section I, paragraphs 2 to 16. If a receiving State Party is unable to ensure access, it shall demonstrate that it took all necessary measures to ensure access.

11. In cases where a facility or area sought to be investigated is located on the territory of a State Party, but in a place under the jurisdiction or control of a State not party to this Protocol, such a State Party shall take all necessary measures as would be required of a host State Party in accordance with the provisions of paragraph 9 above.

12. In cases where the investigation is related to paragraphs 9 to 11, the host State Party shall be notified by the Director-General in the same manner as the receiving State Party is, and the host State shall be notified in an appropriate manner. In this case, the investigation mandate and notification shall contain the name of the host State Party/State.