SECTION VIII. CHALLENGE INSPECTION WITHIN SPECIFIED AREAS
1. Each State Party shall have the right to conduct challenge inspections within specified areas in accordance with this Protocol.
2. If the inspecting State Party intends to conduct a challenge inspection within a specified area as the first inspection after arrival at a point of entry/exit:
(A) it shall include in its notification pursuant to Section IV of this Protocol the designated point of entry/exit nearest to or within that specified area capable of receiving the inspecting State Party's chosen means of transportation; and
(B) at the number of hours after arrival at the point of entry/exit notified pursuant to Section IV, paragraph 2, subparagraph (E) of this Protocol, which shall be no less than one hour and no more than 16 hours after arrival at the point of entry/exit, the inspection team shall designate the first specified area it wishes to inspect. Whenever a specified area is designated, the inspection team shall, as part of its inspection request, provide to the escort team a geographic description delineating the outer boundaries of that area. The inspection team shall have the right, as part of that request, to identify any structure or facility it wishes to inspect.
3. The State Party on whose territory a challenge inspection is requested shall, immediately upon receiving a designation of a specified area, inform other States Parties which utilise structures or premises by agreement with the inspected State Party of that specified area, including its geographic description delineating the outer boundaries.
4. The inspected State Party shall have the right to refuse challenge inspections within specified areas.
5. The inspected State Party shall inform the inspection team within two hours after the designation of a specified area whether the inspection request will be granted.
6. If access to a specified area is granted:
(A) the inspected State Party shall have the right to use up to six hours after it accepts the inspection to prepare for the arrival of the inspection team at the specified area;
(B) the inspected State Party shall ensure that the inspection team travels to the first specified area by the most expeditious means available and arrives as soon as possible after the designation of the site to be inspected, but no later than nine hours from the time such an inspection is accepted, unless otherwise agreed between the inspection team and the escort team, or unless the inspection site is located in mountainous terrain or terrain to which access is difficult. In such case, the inspection team shall be transported to the inspection site no later than 15 hours after such an inspection is accepted. Travel time in excess of nine hours shall not count against that inspection team's in-country period; and
(C) the provisions of Section VI of this Protocol shall apply. Within such specified area the escort team may delay access to or overflight of particular parts of that specified area. If the delay exceeds more than four hours the inspection team shall have the right to cancel the inspection. The period of delay shall not count against the in-country period or the maximum time allowed within a specified area.
7. If an inspection team requests access to a structure or premises which another State Party utilises by agreement with the inspected State Party, the inspected State Party shall immediately inform that State Party of such a request. The escort team shall inform the inspection team that the other State Party, by agreement with the inspected State Party, shall, in cooperation with the inspected State Party and to the extent consistent with the agreement on utilisation, exercise the rights and obligations set forth in this Protocol with respect to inspections involving equipment or materiel of the State Party utilising the structure or premises.
8. If the inspected State Party so wishes, the inspection team may be briefed on arrival at the specified area. This briefing is to last no more than one hour. Safety procedures and administrative arrangements may also be covered in this briefing.
9. If access to a specified area is denied:
(A) the inspected State Party or the State Party exercising the rights and obligations of the inspected State Party shall provide all reasonable assurance that the specified area does not contain conventional armaments and equipment limited by the Treaty. If such armaments and equipment are present and assigned to organisations designed and structured to perform in peacetime internal security functions in the area defined in Article V of the Treaty, the inspected State Party or the State Party exercising the rights and obligations of the inspected State Party shall allow visual confirmation of their presence, unless precluded from so doing by force majeure, in which case visual confirmation shall be allowed as soon as practicable; and
(B) no inspection quota shall be counted, and the time between the designation of the specified area and its subsequent refusal shall not count against the in-country period. The inspection team shall have the right to designate another specified area or declared site for inspection or to declare the inspection concluded.
SECTION IX. INSPECTION OF CERTIFICATION
1. Each State Party shall have the right to inspect, without right of refusal, the certification of recategorised multi-purpose attack helicopters and reclassified combat-capable trainer aircraft in accordance with the provisions of this Section, the Protocol on Helicopter Recategorisation and the Protocol on Aircraft Reclassification. Such inspections shall not count against the quotas established in Section II of this Protocol. Inspection teams conducting such inspections may be composed of representatives of different States Parties. The inspected State Party shall not be obliged to accept more than one inspection team at a time at each certification site.
2. In conducting an inspection of certification in accordance with this Section, an inspection team shall have the right to spend up to two days at a certification site, unless otherwise agreed.
3. No less than 15 days before the certification of recategorised multi-purpose attack helicopters or reclassified combat-capable trainer aircraft, the State Party conducting the certification shall provide to all other States Parties notification of:
(A) the site at which the certification is to take place, including geographic coordinates;
(B) the scheduled dates of the certification process;
(C) the estimated number and type, model or version of helicopters or aircraft to be certified;
(D) the manufacturer's serial number for each helicopter or aircraft;
(E) the unit or location to which the helicopters or aircraft were previously assigned;
(F) the unit or location to which the certified helicopters or aircraft will be assigned in the future;
(G) the point of entry/exit to be used by an inspection team; and
(H) the date and time by which an inspection team shall arrive at the point of entry/exit in order to inspect the certification.
4. Inspectors shall have the right to enter and inspect visually the helicopter or aircraft cockpit and interior to include checking the manufacturer's serial number, without right of refusal on the part of the State Party conducting the certification.
5. If requested by the inspection team, the escort team shall remove, without right of refusal, any access panels covering the position from which components and wiring were removed in accordance with the provisions of the Protocol on Helicopter Recategorisation or the Protocol on Aircraft Reclassification.
6. Inspectors shall have the right to request and observe, with the right of refusal on the part of the State Party conducting the certification, the activation of any weapon system component in multi-purpose attack helicopters being certified or declared to have been recategorised.
7. At the conclusion of each inspection of certification, the inspection team shall complete an inspection report in accordance with the provisions of Section XII of this Protocol.
8. Upon completion of an inspection at a certification site, the inspection team shall have the right to depart the territory of the inspected State Party or to conduct a sequential inspection at another certification site or at a reduction site if the appropriate notification has been provided by the inspection team in accordance with Section IV, paragraph 3 of this Protocol. The inspection team shall notify the escort team of its intended departure from the certification site and, if appropriate, of its intention to proceed to another certification site or to a reduction site at least 24 hours before the intended departure time.
9. Within seven days after completion of the certification, the State Party responsible for the certification shall notify all other States Parties of the completion of the certification. Such notification shall specify the number, types, models or versions and manufacturer's serial numbers of certified helicopters or aircraft, the certification site involved, the actual dates of the certification, and the units or locations to which the recategorised helicopters or reclassified aircraft will be assigned.
SECTION X. INSPECTION OF REDUCTION
1. Each State Party shall have the right to conduct inspections, without the right of refusal by the inspected State Party, of the process of reduction carried out pursuant to Sections I to VIII and X to XII of the Protocol on Reduction in accordance with the provisions of this Section. Such inspections shall not count against the quotas established in Section II of this Protocol. Inspection teams conducting such inspections may be composed of representatives of different States Parties. The inspected State Party shall not be obliged to accept more than one inspection team at a time at each reduction site.
2. The inspected State Party shall have the right to organise and implement the process of reduction subject only to the provisions set forth in Article VIII of the Treaty and in the Protocol on Reduction. Inspections of the process of reduction shall be conducted in a manner that does not interfere with the ongoing activities at the reduction site or unnecessarily hamper, delay or complicate the implementation of the process of reduction.
3. If a reduction site notified pursuant to Section III of the Protocol on Information Exchange is used by more than one State Party, inspections of the reduction process shall be conducted in accordance with schedules of such use provided by each State Party using the reduction site.
4. Each State Party that intends to reduce conventional armaments and equipment limited by the Treaty shall notify all other States Parties which conventional armaments and equipment are to be reduced at each reduction site during a calendar reporting period. Each such calendar reporting period shall have a duration of no more than 90 days and no less than 30 days. This provision shall apply whenever reduction is carried out at a reduction site, without regard to whether the reduction process is to be carried out on a continuous or intermittent basis.
5. No less than 15 days before the initiation of reduction for a calendar reporting period, the State Party intending to implement reduction procedures shall provide to all other States Parties the calendar reporting period notification. Such notification shall include the designation of the reduction site with geographic coordinates, the scheduled date for initiation of reduction and the scheduled date for completion of the reduction of conventional armaments and equipment identified for reduction during the calendar reporting period. In addition, the notification shall identify:
(A) the estimated number and type of conventional armaments and equipment to be reduced;
(B) the object or objects of verification from which the items to be reduced have been withdrawn;
(C) the reduction procedures to be used, pursuant to Sections III to VIII and Sections X to XII of the Protocol on Reduction, for each type of conventional armaments and equipment to be reduced;
(D) the point of entry/exit to be used by an inspection team conducting an inspection of reduction notified for that calendar reporting period; and
(E) the date and time by which an inspection team must arrive at the point of entry/exit in order to inspect the conventional armaments and equipment before the initiation of their reduction.
6. Except as specified in paragraph 11 of this Section, an inspection team shall have the right to arrive at or depart from a reduction site at any time during the calendar reporting period, including three days beyond the end of a notified calendar reporting period. In addition, the inspection team shall have the right to remain at the reduction site throughout one or more calendar reporting periods provided that these periods are not separated by more than three days. Throughout the period that the inspection team remains at the reduction site, it shall have the right to observe all the reduction procedures carried out in accordance with the Protocol on Reduction.
7. In accordance with the provisions set forth in this Section, the inspection team shall have the right to freely record factory serial numbers from the conventional armaments and equipment to be reduced or to place special marks on such equipment before reduction and to record subsequently such numbers or marks at the completion of the reduction process. Parts and elements of reduced conventional armaments and equipment as specified in Section II, paragraphs 1 and 2 of the Protocol on Reduction or, in the case of conversion, the vehicles converted for non-military purposes shall be available for inspection for at least three days after the end of the notified calendar reporting period, unless inspection of those reduced elements has been completed earlier.
8. The State Party engaged in the process of reducing conventional armaments and equipment limited by the Treaty shall establish at each reduction site a working register in which it shall record the factory serial numbers of each item undergoing reduction as well as the dates on which the reduction procedures were initiated and completed. This register shall also include aggregate data for each calendar reporting period. The register shall be made available to the inspection team for the period of inspection.
9. At the conclusion of each inspection of the reduction process, the inspection team shall complete a standardised report which shall be signed by the inspection team leader and a representative of the inspected State Party. The provisions of Section XII of this Protocol shall apply.
10. Upon completion of an inspection at a reduction site, the inspection team shall have the right to depart the territory of the inspected State Party or to conduct a sequential inspection at another reduction sit or at a certification site if the appropriate notification has been provided in accordance with Section IV, paragraph 3 of this Protocol. The inspection team shall notify the escort team of its intended departure from the reduction site and, if appropriate, of its intention to proceed to another reduction site or to a certification site at least 24 hours before the intended departure time.
11. Each State Party shall be obliged to accept up to 10 inspections each year to validate the completion of conversion of conventional armaments and equipment into vehicles for non-military purposes pursuant to Section VIII of the Protocol on Reduction. Such inspections shall be conducted in accordance with the provisions of this Section with the following exceptions:
(A) the notification pursuant to paragraph 5, subparagraph (E) of this Section shall identify only the date and time by which an inspection team must arrive at the point of entry/exit in order to inspect the items of equipment at the completion of their conversion into vehicles for non-military purposes; and
(B) the inspection team shall have the right to arrive at or depart from the reduction site only during the three days beyond the end of the notified completion date of conversion.
12. Within seven days after the completion of the process of reduction for a calendar reporting period, the State Party responsible for reductions shall notify all other States Parties of the completion of reduction for that period. Such notification shall specify the number and types of conventional armaments and equipment reduced, the reduction site involved, the reduction procedures employed and the actual dates of the initiation and completion of the reduction process for that calendar reporting period. For conventional armaments and equipment reduced pursuant to Sections X, XI and XII of the Protocol on Reduction, the notification shall also specify the location at which such conventional armaments and equipment will be permanently located. For conventional armaments and equipment reduced pursuant to Section VIII of the Protocol on Reduction, the notification shall specify the reduction site at which final conversion will be carried out or the storage site to which each item designated for conversion will be transferred.
SECTION XI. CANCELLATION OF INSPECTIONS
1. If an inspection team finds itself unable to arrive at the point of entry/exit within six hours after the initial estimated time of arrival or after the new time of arrival communicated pursuant to Section IV, paragraph 6 of this Protocol, the inspecting State Party shall so inform the States Parties notified pursuant to Section IV, paragraph 1 of this Protocol. In such a case, the notification of intent to inspect shall lapse and the inspection shall be cancelled.
2. In the case of delay, due to circumstances beyond the control of the inspecting State Party, occurring after the inspection team has arrived at the point of entry/exit and which has prevented the inspection team from arriving at the first designated inspection site within the time specified in Section VII, paragraph 8 or Section VIII, paragraph 6, subparagraph (B) of this Protocol, the inspecting State Party shall have the right to cancel the inspection. If an inspection is cancelled under such circumstances, it shall not be counted against any quotas provided for in the Treaty.
SECTION XII. INSPECTION REPORTS
1. In order to complete an inspection carried out in accordance with Section VII, VIII, IX or X of this Protocol, and before leaving the inspection site:
(A) the inspection team shall provide the escort team with a written report; and
(B) the escort team shall have the right to include its written comments in the inspection report and shall countersign the report within one hour after having received the report from the inspection team, unless an extension has been agreed between the inspection team and the escort team.
2. The report shall be signed by the inspection team leader and receipt acknowledged in writing by the leader of the escort team.
3. The report shall be factual and standardised. Formats for each type of inspection shall be agreed by the Joint Consultative Group prior to entry into force of the Treaty, taking into account paragraphs 4 and 5 of this Section.
4. Reports of inspections conducted pursuant to Sections VII and VIII of this Protocol shall include:
(A) the inspection site;
(B) the date and time of arrival of the inspection team at the inspection site;
(C) the date and time of departure of the inspection team from the inspection site; and
(D) the number and type, model or version of any battle tanks, armoured combat vehicles, artillery, combat aircraft, combat helicopters, reclassified combat-capable trainer aircraft, armoured personnel carrier look-alikes, armoured infantry fighting vehicle look-alikes or armoured vehicle launched bridges that were observed during the inspection, including, if appropriate, an indication of the object of verification to which they belonged.
5. Reports of inspections conducted pursuant to Sections IX and X of this Protocol shall include:
(A) the reduction or certification site at which the reduction or certification procedures were carried out;
(B) the dates the inspection team was present at the site;
(C) the number and type, model or version of conventional armaments and equipment for which the reduction or certification procedures were observed;
(D) a list of any serial numbers recorded during the inspections;
(E) in the case of reductions, the particular reduction procedures applied or observed; and
(F) in the case of reductions, if an inspection team was present at the reduction site throughout the calendar reporting period, the actual dates on which the reduction procedures were initiated and completed.
6. The inspection report shall be written in the official language of the Conference on Security and Cooperation in Europe designated by the inspecting State Party in accordance with Section IV, paragraph 2, subparagraph (G) or paragraph 3, subparagraph (F) of this Protocol.
7. The inspecting State Party and the inspected State Party shall each retain one copy of the report. At the discretion of either State Party, the inspection report may be forwarded to other States Parties and, as a rule, made available to the Joint Consultative Group.
8. The stationing State Party shall in particular:
(A) have the right to include written comments related to the inspection of its stationed conventional armed forces; and
(B) retain one copy of the inspection report in the case of inspection of its stationed conventional armed forces.
SECTION XIII. PRIVILEGES AND IMMUNITIES OF INSPECTORS AND TRANSPORT CREW MEMBERS
1. To exercise their functions effectively, for the purpose of implementing the Treaty and not for their personal benefit, inspectors and transport crew members shall be accorded the privileges and immunities enjoyed by diplomatic agents pursuant to Article 29; Article 30, paragraph 2; Article 31, paragraphs 1, 2 and 3; and Articles 34 and 35 of the Vienna Convention on Diplomatic Relations of April 18, 1961.
2. In addition, inspectors and transport crew members shall be accorded the privileges enjoyed by diplomatic agents pursuant to Article 36, paragraph 1, subparagraph (b) of the Vienna Convention on Diplomatic Relations of April 18, 1961. They shall not be permitted to bring into the territory of the State Party where the inspection is to be carried out articles the import or export of which is prohibited by law or controlled by quarantine regulations of that State Party.
3. The transportation means of the inspection team shall be inviolable, except as otherwise provided for in the Treaty.
4. The inspecting State Party may waive the immunity from jurisdiction of any of its inspectors or transport crew members in those cases when it is of the opinion that immunity would impede the course of justice and that it can be waived without prejudice to the implementation of the provisions of the Treaty. The immunity of inspectors and transport crew members who are not nationals of the inspecting State Party may be waived only by the States Parties of which those inspectors are nationals. Waiver must always be express.
5. The privileges and immunities provided for in this Section shall be accorded to inspectors and transport crew members:
(A) while transiting through the territory of any State Party for the purpose of conducting an inspection on the territory of another State Party;
(B) throughout their presence on the territory of the State Party where the inspection is carried out; and
(C) thereafter with respect to acts previously performed in the exercise of official functions as an inspector or transport crew member.
6. If the inspected State Party considers that an inspector or transport crew member has abused his or her privileges and immunities, then the provisions set forth in Section VI, paragraph 6 of this Protocol shall apply. At the request of any of the States Parties concerned, consultations shall be held between them in order to prevent a repetition of such an abuse.