Article II consists of 57 paragraphs, divided into five sections. The first section establishes the Comprehensive Nuclear Test-Ban Treaty Organization and its three constituent organs (the Conference of the States Parties, the Executive Council, and the Technical Secretariat), which are charged with implementing the Treaty, and sets forth general provisions regarding the Organization. The Conference consists of all States Parties and is the ultimate policy-making body for the Treaty. The Executive Council consists of 51 members, elected by the Conference on the basis of designation by the States Parties in each of the six geographic regions according to several criteria, and is the executive authority for the Treaty. The Technical Secretariat will include the International Data Center, and is the organ charged with conducting the international verification provided for in the Treaty.

The next three sections delineate the composition, procedures, powers and functions of the Conference, the Executive Council, and the Technical Secretariat, respectively. The last section establishes the privileges and immunities necessary for the Organization, delegates and representatives and the Director General and his or her staff to carry out their functions.

Section A (paragraphs 1 through 8) of Article II sets forth the general revisions relating to the Organization.

Paragraph 1 of Article II provides that the States Parties to the Treaty establish the Organization to achieve the object and purpose of the Treaty, to ensure the implementation of its provisions, including those for international verification of compliance with it, and to provide a forum for consultation and cooperation among States Parties. The language "to achieve the object and purpose of the Treaty" is not intended to empower the Organization to seek to expand the obligations of Article I of the Treaty, or to give the Organization responsibilities in the area of nuclear disarmament and nonproliferation beyond that derived from the obligations of Article I.

Paragraph 2 of Article II provides that all States Parties to the Treaty are members of the Organization and that a State Party may not be deprived of its membership in the Organization. However, pursuant to paragraph 11 of this Article, a member may be deprived of its vote in the Organization if it has failed to pay its financial contribution for two successive years.

Additionally, pursuant to paragraph 2 of Article V, a State Party's rights and privileges under the Treaty may be restricted or suspended by the Conference if it fails to fulfill a request made by the Conference or the Executive Council to redress a compliance problem. "Rights and privileges" include, for example, participation in the exchange of International Monitoring System (IMS) data, pursuant to Article IV, as well as the right to vote.

Paragraph 3 of Article II states that the seat of the Headquarters of the Organization shall be Vienna, Republic of Austria.

Paragraph 4 of Article II establishes, as organs of the Organization: the Conference of the States Parties, the Executive Council, and the Technical Secretariat, which will include the International Data Center (IDC).

Paragraph 5 of Article II requires each State Party to cooperate with the Organization in the exercise of its functions. This paragraph further requires States Parties to consult among themselves, either directly or through the Organization or other international procedures such as those within the framework of the United Nations, on any matter raised that relates to the object and purpose of the Treaty, or the implementation of its provisions. The importance the Treaty places upon cooperation and consultation between States Parties and between States Parties and the Organization is evident throughout the text. In particular, Paragraphs 29 through 33 of Article IV set forth procedures that may be used in the event a State Party has concerns about possible non-compliance and seeks to clarify and resolve the matter through consultations. It should be noted, however, that pursuant to Paragraph 29 of Article IV, a State Party is not required to engage in such consultations before submitting a request for an on-site inspection.

Paragraph 6 of Article II establishes guidelines for protecting legitimate interests of States Parties during the conduct of activities by the Organization. Specifically, this paragraph states that the Organization must conduct its verification activities in the least intrusive manner possible, consistent with the timely and efficient accomplishment of the purpose for which the activities are undertaken. It further states that the Organization shall request only the information and data necessary to fulfill its responsibilities under the Treaty. Finally, this paragraph requires the Organization to take every precaution to protect the confidentiality of information on civil and military activities and facilities coming to its knowledge in the implementation of the Treaty and, in particular, to abide by the confidentiality provisions set forth in the Treaty.

Paragraph 7 of Article II requires each State Party to treat as confidential and afford special handling to all information and data that it receives in confidence from the Organization in connection with the implementation of the Treaty and to treat such information and data exclusively in connection with its rights and obligations under the Treaty. The purpose of this paragraph is to protect information gathered by the Organization and shared with States Parties for purposes of implementing the Treaty from being used by States Parties for purposes that are not related to the Treaty, e.g., using data, collected during an on-site inspection, for purposes unrelated to the detection of nuclear explosions.

Paragraph 8 of Article II directs the Organization, as an independent body, to seek to utilize existing expertise and facilities, as appropriate, and to maximize cost efficiencies, through cooperative arrangements with other international organizations such as the International Atomic Energy Agency (IAEA). Unless the arrangements are of a minor and normal commercial or contractual nature, paragraph 8 requires that such arrangements be set out in agreements to be submitted to the Conference for its approval, as provided for in subsection (i) of paragraph 26 of this Article.

Paragraph 8 represents a compromise between those states that sought to have the IAEA assigned the responsibility for implementation of the Treaty and those that supported an independent organization with no connection whatsoever to other international organizations. The paragraph makes it clear that, although the Organization will be an independent body, it is authorized and directed to utilize the expertise and facilities that are currently available and, as appropriate, enter into agreements with other international organizations that establish cost-saving, cooperative arrangements. Pursuant to the Host Country Agreement between the Organization and the Government of Austria, the Organization will be located in the Vienna International Centre (VIC) and will be able to take advantage of the services and facilities that are available there. In addition, the Organization's co-location with the IAEA makes it feasible for the Organization, as appropriate, to draw upon the expertise of the IAEA staff and to enter into cooperative arrangements with the IAEA or any other international organization with respect to administrative and other matters.

Paragraph 9 of Article II sets forth the general rules for financing the Organization. Specifically, this paragraph states that the cost of the Organization's activities shall be paid annually by the States Parties in accordance with the UN scale of assessments, adjusted for differences in membership between the UN and the Organization. This provision is subject to Paragraph 10 of the same Article (discussed below), and to Paragraph 22 of Article IV, which provides that a State Party that is hosting or otherwise taking responsibility for an IMS facility may be able to obtain compensation for certain costs incurred that are associated with the facility by means of an appropriate reduction in its assessed financial contribution to the Organization.

Paragraph 10 of Article II states that the financial contributions of a State Party to the Preparatory Commission shall be deducted in an appropriate way from its contributions to the regular budget. This is understood to mean that at least for a significant period, those States Parties that did not financially contribute to the Preparatory Commission will pay proportionately more of the regular budget than those who did. The provision is intended to encourage states to sign the Treaty before the Treaty enters into force and fosters fairness in financial assessments. The "appropriate way" will be determined by the Organization, taking into account the recommendations of the Preparatory Commission and the need to operate the IMS and the IDC, as well as to conduct on-site inspections following entry into force.

Paragraph 11 of Article II sets forth the provisions for dealing with States Parties that have not made timely payments to the Organization. This paragraph states that a member of the Organization in arrears in the payment of its financial contribution to the Organization shall have no vote in the Organization if the amount of its arrearage equals or exceeds the amount of the contribution due for the preceding two full years. This paragraph further states that the Conference may, nevertheless, permit such a member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the member. This provision is similar to Article 19 of the UN Charter.

Section B (paragraphs 12 through 23) of Article II specifies the composition, procedures, decision-making, and powers and functions of the Conference of the States Parties.

Paragraph 12 of Article II states that the Conference shall be composed of all States Parties and that each State Party shall have one representative in the Conference, who may be accompanied by alternates and advisers.

Paragraphs 13 and 14 of Article II address the timing and frequency of regular meetings of the Conference. Specifically, paragraph 13 of Article II requires that the Depositary, i.e., the Secretary-General of the U.N., convene the first session of the Conference no more than 30 days after entry into force of the Treaty. Pursuant to paragraph 18, the first meeting must take place in Vienna. Paragraph 14 provides that the Conference shall meet in regular annual sessions unless it decides otherwise.

Paragraphs 15, 16 and 17 of Article II contain the provisions for sessions other than the regular sessions, e.g., meetings to address serious problems in implementing the Treaty. Specifically, paragraph 15 of Article II states that special sessions must be held if decided by the Conference, requested by the Executive Council or requested by any State Party, provided that the requesting State Party is supported by a majority of the States Parties. It further states that such sessions shall be convened not more than 30 days after the decision of the Conference, the request by the Executive Council or the attainment of the necessary support for a State Party's request, unless specified otherwise in the decision or request.

Paragraph 16 of Article II confirms that the Conference may be convened in the form of an Amendment Conference in accordance with Article VII, i.e., if requested by the requisite number of States Parties.

Paragraph 17 of Article II states that special sessions may also be convened in the form of a Review Conference, in accordance with Article VIII. Paragraph 1 of Article VIII provides for a Review Conference 10 years after entry into force of the Treaty, unless otherwise decided by a majority of the States Parties. Paragraph 1 of Article VIII states that the purpose of this Review Conference shall be, inter alia, to review the operation and effectiveness of the Treaty, with a view to assuring the Conference that the objectives and purposes in the Preamble and the provisions of the Treaty are being realized. Pursuant to Paragraph 2 of Article VIII, the Conference of the States Parties may decide to convene subsequent Review Conferences at 10-year intervals thereafter, or may decide to hold such Review Conferences more frequently.

Paragraph 18 of Article II states that sessions of the Conference shall take place at the seat of the Organization, i.e., Vienna, unless the Conference itself decides otherwise.

Paragraph 19 of Article II addresses Conference rules of procedure and selection of officers of the Conference. Specifically, this paragraph requires the Conference to adopt its rules of procedure and, at the beginning of each session, to elect its President and such other officers as required, who shall hold office until a new President and other officers are elected at the next session.

Paragraph 20 of Article II stipulates that a majority of the States Parties constitutes a quorum for conducting business.

Paragraph 21 of Article II provides that each State Party shall have one vote when decisions are taken by the Conference. Paragraph 22 of Article II sets forth the rules for voting in the Conference on questions of procedure and of substance. Specifically, this paragraph states that decisions on questions of procedure shall be taken by a simple majority of the members present and voting. On matters of substance, paragraph 22 states that decisions should be taken as far as possible by consensus, but if consensus is not reached on an issue, the Chairman must defer voting on that issue for 24 hours and continue to attempt to reach consensus. Before the end of this period, the Chairman must report to the Conference on his efforts. This paragraph further states that if consensus is still not reached, the Conference shall take the decision by a two-thirds majority of the members present and voting, unless the Treaty specifically provides otherwise.

Finally, this paragraph states that the question of whether a particular issue is one of substance or procedure is itself treated as a matter of substance unless otherwise decided by the Conference by the majority required for decisions on matters of substance, i.e., consensus, but if consensus cannot be achieved, two-thirds of the members present and voting. The purpose of this last provision is to prevent a simple majority of the Conference from circumventing the two-thirds requirement for substantive issues by deciding that particular questions are procedural, and therefore, require only a simple majority.

Paragraph 23 of Article II sets forth the rules for voting that specifically apply when the Conference is fulfilling its obligation to update Annex 1 to the Treaty pursuant to subsection (k) of paragraph 26 of this Article. Annex 1 to the Treaty assigns each state to one of six geographical regions for the purpose of determining Executive Council composition. Paragraph 23 of Article II provides that the Conference, when deciding to add a state to the list of states contained in Annex 1 to the Treaty, must follow the procedures set forth in paragraph 22 of this Article for decisions on matters of substance, i.e., consensus, or if consensus is not possible, decision by two-thirds majority of the members present and voting. For decisions on all other changes to Annex 1 to the Treaty, such as a decision to move a state from one regional grouping to another, paragraph 23 specifies that the Conference must take all such decisions by consensus.

It should be noted that Paragraph 28 of Article II allocates a specific number of seats on the Executive Council to each geographical region. Pursuant to paragraph 29 of Article II, the States Parties assigned to each geographical region must collectively designate States Parties from that region for election as members of the Executive Council, either on the basis of indicative criteria, rotation, or by elections within that geographical region. Accordingly, a decision to change Annex 1 to the Treaty in order to move a State Party from one geographical region to another could have serious political ramifications, and would require the States Parties in each of the two affected geographical regions to re-examine the manner in which they designate States Parties within their regional group for election to the Executive Council. By adopting a consensus rule for such decisions, the Treaty prevents any one State Party from being forced to change geographic regions and minimizes the potential for problems caused by changes to Annex 1 to the Treaty.

The powers and functions of the Conference are set out in paragraphs 24 through 26 of Article II. Paragraph 24 sets forth the general powers and functions of the Conference as the principal organ of the Organization. Specifically, this paragraph states that the Conference shall consider any questions, matters or issues within the scope of the Treaty, including those relating to the powers and functions of the Executive Council and the Technical Secretariat. Paragraph 24 also states that the Conference may make recommendations and take decisions on any questions, matters or issues within the scope of the Treaty raised by a State Party or brought to its attention by the Executive Council.

Paragraph 25 of Article II requires the Conference to oversee the implementation of, and review compliance with, the Treaty and act in order to promote its object and purpose. This paragraph further states that the Conference shall oversee the activities of the Executive Council and the Technical Secretariat, and may issue guidelines to either of them for the exercise of their functions.

Paragraph 26 of Article II consists of eleven subparagraphs that enumerate the specific powers and responsibilities of the Conference. Subparagraphs 26(a) through (e) provide that the Conference shall: consider and adopt the report of the Organization on the implementation of the Treaty and the annual program and budget of the Organization, submitted by the Executive Council, as well as consider other reports; decide the scale of financial contributions to be paid by States Parties under paragraph 9 of this Article, i.e., make the adjustments to the UN scale of assessments necessary to take into account differences in membership; elect the members of the Executive Council, i.e., ratify the designation made by each of the geographic regions pursuant to paragraph 29 of this Article; appoint the Director-General of the Technical Secretariat; and consider and approve the rules of procedure of the Executive Council submitted by the Executive Council.

Subparagraph 26(f) requires the Conference to consider and review scientific and technological developments that could affect the operation of the Treaty. This subparagraph further states that, in this context, the Conference may direct the Director-General to establish a Scientific Advisory Board to enable the Director-General, in the performance of his or her functions, to render specialized advice in the areas of science and technology relevant to the Treaty to the Conference, the Executive Council or to States Parties. In the event that the Conference decides to create such a Board, this subparagraph requires the Board to be composed of independent experts, serving in their individual capacity, and appointed in accordance with terms of reference adopted by the Conference, i.e., appointed pursuant to selection criteria determined by the Conference, which must include their level of expertise and experience in the particular scientific fields relevant to the implementation of the Treaty. Note that in addition to, or in lieu of, the establishment of a Scientific Advisory Board, paragraph 51 of this Article authorizes the Director-General, after consultation with the Executive Council, to establish temporary working groups of scientific experts to provide recommendations on specific issues.

Subparagraph 26(g) provides that the Conference must take the necessary measures to ensure compliance with the Treaty and to redress and remedy any situation that contravenes the provisions of the Treaty, in accordance with Article V. (Article V contains measures to redress a situation and to ensure compliance, including sanctions.)

Subparagraph 26(h) provides that, at its first session, the Conference must consider, for approval, any draft agreements, arrangements, provisions, procedures, operational manuals, guidelines and any other documents developed and recommended by the Preparatory Commission for the Organization. Note that pursuant to paragraph 1 of Article IV, the verification regime, including the International Monitoring System, must be capable of meeting the verification requirements of the Treaty upon its entry into force. It is planned that the International Monitoring System and the International Data Centre will be operable at entry into force of the Treaty. Accordingly, the Preparatory Commission will need to develop all of the documents necessary for the establishment and operation of the IMS and the IDC, and for the conduct of on-site inspections for approval by the Conference following entry into force. The Text on the Establishment of a Preparatory Commission specifically directs the Commission to develop and prepare for adoption at the initial session of the Conference of the States Parties operational manuals for seismological monitoring, radionuclide monitoring, hydroacoustic monitoring, infrasound monitoring, the IDC, and all appropriate legal, technical and administrative procedures for the support of on-site inspections. References to these manuals and other relevant documents may be found in Article IV and the Protocol to the Treaty, and the Text on the Establishment of a Preparatory Commission contains specific instructions on the development of such manuals and other documents.

Subparagraph 26(i) requires the Conference to consider for approval agreements or arrangements negotiated by the Technical Secretariat with States Parties, other states and international organizations to be concluded by the Executive Council on behalf of the Organization in accordance with paragraph 38(h) of this Article. Note that pursuant to subparagraphs (h) and (i) of paragraph 38, the Executive Council is authorized to approve agreements or arrangements relating to the implementation of verification activities with States Parties and other states, e.g., agreements or arrangements between a host State and the Organization concerning the establishment of an IMS station, without obtaining prior approval by the Conference. This enables the Technical Secretariat and the Executive Council to enter into and amend verification agreements or arrangements as necessary without having to wait for the Conference to meet or to convene a special session of the Conference.

Subparagraph 26(j) empowers the Conference to establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with the Treaty. Finally, subparagraph 26(k) directs the Conference to update Annex 1 to the Treaty, as appropriate, in accordance with the procedures set forth in paragraph 23 of Article II.

Section C (paragraphs 27 through 41) of Article II specifies the composition, procedures, decision-making, and powers and functions of the Executive Council.

Paragraph 27 of Article II sets forth the composition of the Executive Council. Specifically, this paragraph states that the Executive Council shall have 51 members. Each State Party, subject to the geographic distribution and other requirements set forth in paragraphs 28 and 29, has the right to serve on the Executive Council.

Paragraph 28 of Article II establishes the geographic apportionment of the Executive Council seats among six geographic regions. In subparagraphs (a) through (f), ten seats are allocated to the States Parties from Africa, seven seats to the States Parties from Eastern Europe, nine seats to the States Parties from Latin America and the Caribbean, seven seats to the States Parties from the Middle East and South Asia, ten seats to the States Parties from North America and Western Europe, and eight seats to the States Parties from South-East Asia, the Pacific and the Far East. Paragraph 28 further indicates that the composition of each geographic region is set forth in Annex 1 to the Treaty, and states that Annex 1 shall be updated, as appropriate, by the Conference in accordance with paragraphs 23 and 26(k) of Article II. These paragraphs indicate that a proposal to add a state to the Annex must be treated as a matter of substance, in accordance with paragraph 22 of this Article, but that a consensus decision is required for any other proposed change. To avoid any confusion, paragraph 28 makes it clear that Annex 1 is not subject to the procedures for amendments or changes set forth in Article VII.

Paragraph 29 of Article II states that the members of the Executive Council shall be elected by the Conference and directs each geographical region to designate States Parties from that region for election. States Parties must be designated for election in accordance with the procedures set forth in subparagraphs (a) through (c).

Subparagraph (a) requires that at least one-third of the seats allocated to each geographical region be filled, taking into account political and security interests, by States Parties in that region designated partly on the basis of the nuclear capabilities relevant to the Treaty, as determined by international data. In addition to a State Party's nuclear capabilities, designation may also be on the basis of any or all of the following indicative criteria, in the order of priority determined by each region: the number of IMS monitoring facilities for which the State Party is responsible; the State Party's expertise and experience in monitoring technology; and the State Party's contribution to the annual budget of the Organization.

Subparagraph (b) establishes that one of the seats allocated to each geographical region must be filled on a rotational basis by the State Party that is first in the English alphabetical order among the States Parties in that region that have not served as members of the Executive Council for the longest period of time since becoming States Parties to the Treaty or since their last term, whichever is shorter. A State Party that is designated on this basis may decide to forgo its seat, in which case the seat will be filled by the State Party following next in order. This provision ensures that each State Party will have the opportunity to serve on the Executive Council.

Subparagraph (c) states that the remaining seats allocated to each geographical region shall be filled by States Parties from that region either by rotation or elections.

The formula set forth in paragraphs 28 and 29 represents a compromise between the nuclear-weapon states, the non-nuclear weapon states that will bear a significant portion of the implementation burden, e.g., Japan, Germany and others, and the developing countries. The formula is intended to make very likely, but does not absolutely guarantee, that the States Parties that will bear the greatest implementation burden, for example those with significant capabilities that are also hosting IMS stations and paying a significant portion of the Organization's budget, will be permanent members of the Executive Council. Although the allocation of seats within the North America and Western European geographic region will not be decided until the Treaty enters into force, the U.S. is confident that it will serve continuously on the Executive Council.

Paragraph 30 of Article II states that each member of the Executive Council shall have one representative on the Executive Council, who may be accompanied by alternates and advisers.

Paragraph 31 of Article II establishes that the term of office for members of the Executive Council will be two years. Specifically, paragraph 31 states that each member of the Executive Council shall hold office from the end of the session of the Conference at which that member is elected until the end of the second regular annual session of the Conference thereafter. However, an exception is made for the first election, at which 26 members will be elected to hold office until the end of the third regular annual session of the Conference, due regard being paid to the apportionment of seats among the geographical regions, pursuant to paragraph 28. The purpose of this exception is to ensure that the composition of the Executive Council is not subject to a complete change every two years.

Paragraph 32 of Article II states that the Executive Council shall elaborate its rules of procedure and submit them to the Conference for approval, i.e., as provided for in paragraph 26(e) of this Article.

Paragraph 33 of Article II states that the Executive Council shall elect its Chairman from among its members.

Paragraph 34 of Article II states that the Executive Council shall meet for regular sessions, but that between regular sessions, it shall meet as often as may be required for the fulfillment of its powers and functions.

Paragraphs 35 and 36 of Article II address the issue of voting within the Executive Council. Specifically, paragraph 35 states that each member of the Executive Council shall have one vote.

Paragraph 36 indicates that the Executive Council shall take decisions on matters of procedure by a majority of all its members. Decisions of substance must be taken by a two-thirds majority of all its members, unless otherwise specified in the Treaty. Note that unlike the Conference, the Executive Council is not required to seek consensus. In addition, Executive Council decisions are taken by a simple majority or two-thirds majority of all of its members rather than members "present and voting." Accordingly, procedural motions will require 26 positive votes for approval, while substantive matters would ordinarily require 34 votes for approval. In the event that it is unclear whether a question is one of substance or not, i.e., substantive or procedural, the question is treated as a matter of substance unless otherwise decided by the Executive Council by the majority required for decisions on matters of substance. In other words, where an issue is not clearly procedural, the Executive Council will treat it as substantive unless it decides by a two-thirds majority to treat it as procedural.

The phrase "unless otherwise specified in the Treaty" is necessary because, pursuant to paragraphs 46 through 50 of Article IV, different voting majorities are required for a number of Executive Council decisions concerning on-site inspections. For example, paragraph 46 of Article IV requires at least 30 affirmative votes of members of the Executive Council to approve an onsite inspection request, while paragraph 47 indicates that the continuation of an on-site inspection is considered approved unless the Executive Council decides by a majority of all its members not to continue the inspection.

The powers and functions of the Executive Council are elaborated in paragraphs 37 through 41.

Paragraph 37 of Article II addresses the central purpose and responsibilities of the Executive Council. Specifically, this paragraph states that the Executive Council is the executive organ of the Organization, but is responsible to, i.e. subordinate to, the Conference. The Executive Council is directed to carry out the powers and functions entrusted to it under the Treaty, and in so doing, must act in conformity with the recommendations, decisions and guidelines of the Conference and ensure their continuous and proper implementation.

Paragraph 38 of Article II lists a number of the powers and functions referred to in the previous paragraph for which the Executive Council will be responsible. Subparagraphs (a) through (d) set forth some general implementation tasks assigned to the Executive Council. In particular, subparagraphs (a) through (d) require the Executive Council to: promote the effective implementation of, and compliance with, the Treaty; supervise the activities of the Technical Secretariat, including the operation of the IDC and the IMS; make recommendations as necessary to the Conference for consideration of further proposals for promoting the object and purpose of the Treaty; and cooperate with the National Authority of each State Party, established pursuant to paragraph 4 of Article III.

Subparagraphs (e) and (f) identify the Executive Council's responsibilities with regard to the Conference. Specifically, subparagraph (e) requires the Executive Council to consider and submit to the Conference the draft annual programme and budget of the Organization, the draft report of the Organization on the implementation of the Treaty, the report on the performance of its own activities, and such other reports as it deems necessary or that the Conference may require. Subparagraph (f) requires the Executive Council to make arrangements for the sessions of the Conference, including the preparation of the draft agenda.

Subparagraph (g) references the Executive Council's Article VII obligations concerning proposed changes to the Protocol or the Annexes to the Protocol. Specifically, subparagraph (g) directs the Executive Council to examine such proposed changes, provided that the changes are on matters of an administrative or technical nature, and to make recommendations to the States Parties regarding their adoption. This obligation relates to the obligations set forth in paragraph 8 of Article VII, which establishes the procedures for making administrative or technical changes (otherwise known as viability and effectiveness changes) to Parts I and III of the Protocol and Annexes I and 2 to the Protocol. Subparagraph (c) of paragraph 8 of that Article states that the Executive Council shall examine the proposal in light of all information available to it, including whether the proposal fulfils the requirements of paragraph 7 -- inter alia, that the proposal relates only to matters of an administrative or technical nature. Subparagraph (c) further directs the Executive Council to provide its recommendation on adoption or rejection of the proposal, with appropriate explanations, to all States Parties for their consideration.

Subparagraph (h) grants the Executive Council the power to conclude, subject to the prior approval of the Conference, agreements or arrangements with States Parties, other states and international organizations on behalf of the Organization, and requires the Council to supervise their implementation. Such agreements or arrangements would be negotiated by the Technical Secretariat pursuant to paragraph 43(g), but would be formally concluded by the Executive Council. Although "agreements" and "arrangements" are functionally the same, some states required the inclusion of "arrangements" on the grounds that "agreements" would be legally binding and would require parliamentary action under their domestic legal systems. Accordingly, the inclusion of the term "arrangements" indicates that States Parties, states, and international organizations will be able to pursue the format that is most appropriate to address the matter at hand. Note that agreements and arrangements relating to the implementation of verification activities are specifically exempted from these procedures and are instead subject to the procedures set forth in subparagraph (i).

Subparagraph (i) authorizes the Executive Council to approve and supervise the operation of agreements or arrangements relating to the implementation of verification activities with States Parties and other states. Pursuant to paragraph 43(g), such verification agreements or arrangements would be negotiated and concluded by the Technical Secretariat, subject to the prior approval of the Executive Council. However, these agreements or arrangements would not require the prior approval of the Conference. As is evidenced by the provisions of Part B of Article IV, negotiators recognized that a large number of such agreements or arrangements would be necessary for the establishment and operation of the IMS, and that such agreements or arrangements could be subject to frequent change throughout their implementation. In addition, due to the technical nature of such agreements or arrangements, negotiators concluded that it would be inappropriate and unnecessary to require that the Conference review them. Accordingly, negotiators chose to exempt such agreements or arrangements from the requirement of prior Conference approval because such a requirement might hamper the effective implementation of the verification regime.

Subparagraph (j) requires the Executive Council to approve any new operational manuals and any changes to the existing operational manuals that may be proposed by the Technical Secretariat. Such manuals would be developed and maintained by the Technical Secretariat, pursuant to paragraph 44 of this Article, and are intended to guide the operation of the various components of the verification regime, in accordance with Article IV and the Protocol.

Paragraph 39 of Article II grants the Executive Council the right to request the convening of a special session of the Conference. Pursuant to paragraph 15(b) of this Article, the Conference is required to convene such a session.

Paragraph 40 of Article II identifies three situations in which the Executive Council is directed to serve as facilitator between States Parties. Specifically, subparagraph (a) requires the Executive Council to facilitate cooperation among States Parties, and between States Parties and the Technical Secretariat, relating to the implementation of the Treaty through information exchanges. For example, the Executive Council may play an important role in facilitating the voluntary exchange of information through confidence-building measures, in accordance with Part E of Article IV. Subparagraph (b) directs the Executive Council to facilitate consultation and clarification among States Parties in accordance with Article IV, i.e., when a State Party is concerned about possible non-compliance with the basic obligations of the Treaty. Finally, subparagraph (c) requires the Executive Council to receive, consider and take action on requests for, and reports on, on-site inspections in accordance with Article IV.

Paragraph 41 of Article II sets forth the powers of the Executive Council with regard to concerns about possible non-compliance with the Treaty and abuse of rights by States Parties. Specifically, paragraph 41 states that the Executive Council shall consider any concern raised by a State Party about possible non-compliance with the Treaty and abuse of the rights established by the Treaty. Note that the phrase "concerns about possible non-compliance" is intended to indicate that the Executive Council should address concerns and situations related to compliance, as opposed to actually deciding whether or not there has been compliance with the Treaty.

In the event a State Party raises a concern about possible non-compliance or an abuse of rights, paragraph 41 requires the Executive Council to consult with the States Parties involved and, as appropriate, request a State Party to take measures to redress the situation within a specified time. If the Executive Council considers further action to be necessary, paragraph 41 requires the Council to take, inter alia, one or more of the following measures: notify all States Parties of the issue or matter; bring the issue or matter to the attention of the Conference; or make recommendations to the Conference or take action, as appropriate, regarding measures to redress the situation and to ensure compliance in accordance with Article V. Note that pursuant to paragraph 2 of Article V, if a State Party fails to fulfill the Executive Council's request within the specified time, the Conference, inter alia, may decide to restrict or suspend the State Party's rights and privileges under the Treaty.

Section D (paragraphs 42 though 53) of Article II contains the general provisions with regard to the Technical Secretariat.

Paragraph 42 of Article II states that the Technical Secretariat shall assist States Parties in the implementation of the Treaty, and shall assist the Conference and the Executive Council in the performance of their functions. Paragraph 42 further states that the Technical Secretariat shall carry out the verification and other functions entrusted to it by the Treaty, as well as those functions delegated to it by the Conference or the Executive Council. Finally, paragraph 42 indicates that the IDC will be an integral part of the Technical Secretariat.

Paragraph 43 of Article II sets forth, in eight subparagraphs, some of the verification functions assigned to the Technical Secretariat and indicates that these functions must be carried out in accordance with Article IV and the Protocol. Subparagraphs (a) through (d) identify functions related to the IMS and IDC. Specifically, subparagraphs (a) and (b) make the Technical Secretariat responsible for supervising and coordinating the operation of the IMS and for operating the IDC. Subparagraph (c) tasks the Technical Secretariat with routinely receiving, processing, analyzing and reporting on IMS data, the details of which are further elaborated in paragraph 14 of Article IV. Subparagraph (d) directs the Technical Secretariat to provide technical assistance in, and support for, the installation and operation of monitoring stations.

Subparagraph (e) requires the Technical Secretariat to assist the Executive Council in facilitating consultation and clarification among States Parties. Such assistance could include providing appropriate information in the Technical Secretariat's possession to a State Party that has concerns about possible non-compliance, in accordance with paragraph 31 of Article IV.

Subparagraph (f) makes the Technical Secretariat responsible for directing the conduct of on-site inspections. In particular, subparagraph (f) tasks the Technical Secretariat with: receiving requests for on-site inspections and processing them; facilitating Executive Council consideration of such requests; carrying out the preparations for, and providing technical support during, the conduct of on-site inspections; and reporting to the Executive Council.

Subparagraph (g) makes the Technical Secretariat the chief negotiating body for the Organization. Specifically, subparagraph (g) makes the Technical Secretariat responsible for negotiating agreements or arrangements with States Parties, other states, and international organizations. Such agreements or arrangements would be concluded by the Executive Council, in accordance with paragraph 38(h) of this Article. Subparagraph (g) also tasks the Technical Secretariat with negotiating and concluding any agreements or arrangements relating to verification activities with States Parties or other states, subject to the prior approval of the Executive Council, i.e., in accordance with paragraph 38(i) of this Article.

Paragraph 46 of Article II establishes the mechanism by which States Parties send official communications to the Organization. Specifically, paragraph 46 states that all requests and notifications by States Parties to the Organization shall be transmitted through their National Authorities to the Director-General. Such requests and notifications must be in one of the official languages of the Treaty, and the Director-General is required to use the language of the transmitted request or notification when responding to the State Party.

Paragraph 47 of Article II further elaborates the Technical Secretariat's obligation to provide the Executive Council the draft program and budget of the Organization, pursuant to paragraph 45(a) of this Article. When submitting the draft program and budget, paragraph 47 requires the Technical Secretariat to determine and maintain a clear accounting of all costs for each IMS facility. The paragraph further states that similar treatment, i.e., a clear accounting of all costs, must be accorded to all other activities of the Organization that are addressed in the draft program and budget.

Paragraph 48 of Article II requires the Technical Secretariat to notify the Executive Council when problems arise with regard to the implementation of the Treaty. Specifically, this paragraph requires the Technical Secretariat promptly to inform the Executive Council of any problems that have arisen with regard to the discharge of its functions that have come to its notice in the performance of its activities and that it has been unable to resolve through consultations with the State Party concerned. Note that States Parties also have the right to request, through the Executive Council, clarification from another State Party on any matter that may cause concern about possible non-compliance with the Treaty, pursuant to Article IV.

Paragraphs 49 through 53 set out the organizational structure of the Technical Secretariat and the specific responsibilities of its Director-General.

Paragraph 49 of Article II states that the Technical Secretariat shall comprise a Director-General, who shall be its head and chief administrative officer, and such scientific, technical and other personnel as may be required. This paragraph further states that the Director-General is appointed by the Conference, upon the recommendation of the Executive Council, for a four-year term. The Director-General's term may be renewed for one further term, i.e., four more years, but not thereafter. Finally, this paragraph requires that the first Director-General be appointed by the Conference at its initial session upon the recommendation of the Preparatory Commission.

Paragraph 50 of Article II concerns the recruitment of staff for the Technical Secretariat. Specifically, this paragraph states that the Director-General is responsible to the Conference and the Executive Council for the appointment of the staff and for the organization and functioning of the Technical Secretariat. This paragraph further states that the paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of professional expertise, experience, efficiency, competence and integrity.

Paragraph 50 also states that only citizens of States Parties shall serve as the Director-General, as inspectors or as members of the professional and clerical staff of the Technical Secretariat. Finally, this paragraph specifies that due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible and that recruitment shall be guided by the principle that the staff shall be kept to the minimum necessary for the proper discharge of the responsibilities of the Technical Secretariat.

Paragraph 51 of Article II authorizes the Director-General, subject to prior consultation with the Executive Council, to establish temporary working groups of scientific experts to provide recommendations on specific issues. This will enable the Director-General to obtain needed scientific and technical advice as appropriate, while retaining the necessary flexibility to maximize cost efficiencies. Note that the Conference may direct the Director-General to establish a Scientific Advisory Board, pursuant to paragraph 26(f) of this Article, if it decides that such a body is necessary.

Paragraph 52 of Article II states that, in the performance of their duties, the Director-General, the inspectors, the inspection assistants and the members of the staff shall not seek or receive instructions from any government or from any other source external to the Organization. This paragraph further states that such persons shall refrain from any action that might reflect adversely on their positions as international officers responsible only to the Organization. This means that they may not act as representatives of, or in support of, their countries' interests. Although there are no formal penalties specified in the Treaty for violating this provision, the staff regulations for the Technical Secretariat may be the appropriate place to provide for sanctions for such activities. This requirement does not preclude the seconding of State Party personnel as a method of staffing the Technical Secretariat, however. Finally, paragraph 52 requires the Director-General to assume responsibility for the activities of an inspection team. Note, however, that the Director-General (as well as the inspectors and inspection assistants) are accorded privileges and immunities in accordance with section E of this Article and paragraphs 26 through 31 of the Protocol.

Paragraph 53 of Article II states that each State Party shall respect the international character of the responsibilities of the Director-General, the inspectors, the inspection assistants and the members of the staff and not seek to influence them in the discharge of their responsibilities.

Section E (paragraphs 54 through 57) of Article II sets forth the general privileges and immunities to be accorded the Organization. (Specific privileges and immunities for inspectors, inspection assistants and observers are discussed in paragraphs 26 through 31 of the Protocol.)

Paragraph 54 of Article II states that the Organization shall enjoy on the territory and in any other place under the jurisdiction or control of a State Party such legal capacity and privileges and immunities as are necessary for the exercise of its functions.

Paragraph 55 of Article II states that delegates of States Parties, together with their alternates and advisers, representatives of members elected to the Executive Council, together with their alternates and advisers, the Director-General, the inspectors, the inspection assistants and members of the staff of the Organization shall enjoy such privileges and immunities as are necessary in the independent exercise of their functions in connection with the Organization.

Paragraph 56 of Article II states that the legal capacity, privileges and immunities referred to in this Article shall be defined in agreements between the Organization and the States Parties as well as in an agreement between the Organization and the state in which the headquarters of the Organization is seated, i.e., the Republic of Austria. This paragraph indicates that such agreements must be considered and approved in accordance with paragraph 26(h) and (i), i.e., negotiated by the Preparatory Commission and considered and approved by the Conference, or alternatively, negotiated by the Technical Secretariat and concluded by the Executive Council, subject to the prior consideration and approval of the agreement by the Conference.

Paragraph 57 of Article II states that, notwithstanding paragraphs 54 and 55, the privileges and immunities enjoyed by the Director-General, the inspectors, the inspection assistants and the members of the staff of the Technical Secretariat during the conduct of verification activities shall be those set forth in the Protocol, i.e., paragraphs 26 through 31 of the Protocol. The purpose of this provision is to make clear that the agreements between the Organization and the States Parties, pursuant to paragraph 56, must either provide for the immunities set forth in paragraphs 26 through 31 of the Protocol, or recognize the obligation to provide such privileges and immunities, regardless of the scope of privileges and immunities accorded to the Director-General, inspectors, inspection assistants and other staff of the Technical Secretariat at other times, i.e., when they are not conducting an on-site inspection.