ANNEX 7
PROCEDURES FOR DELIVERING AND EXAMINING EQUIPMENT AND
SUPPLIES TRANSPORTED BY INSPECTION AIRPLANES USED IN
ACCORDANCE WITH PARAGRAPH 4 OF SECTION IV OF THIS PROTOCOL
1. Prior to the arrival of an inspection airplane used in accordance
with paragraph 4 of Section IV of this Protocol, the inspecting Party,
through its embassy, shall provide the inspected Party with an inventory
of cargo being delivered that consists of equipment and supplies intended
for the conduct of continuous monitoring activities. The inspecting
Party shall provide this inventory to the inspected Party no less than
ten days prior to the arrival of such an airplane, unless otherwise agreed
within the framework of the Joint Compliance and Inspection Commission.
Such an inventory shall include: (1 JCIC Agreement No. 5, Article 1.)
(a) to which facility subject to continuous monitoring or monitored
facility a particular palletized or oversize item of cargo, including modular
structures, shall be delivered;
(b) the weight and dimensions of each separate palletized or oversize
item of cargo, including modular structures, and, if necessary for facilitating
transportation of separate items from the point of entry to a facility
subject to continuous monitoring or monitored facility, black-and-white
photographs, or clear facsimile copies of photographs, of each such item;
(c) whether there are modular structures in the cargo that is being
delivered;
(d) the contents of each shipping container on a pallet and of each
modular structure described in such a way that the inspected Party is able
to correlate each item of equipment that is being delivered with the list
of equipment provided for in Section V of Annex 8 and in Annex 9 to this
Protocol; and
(e) for each major item of equipment specified in that inventory, the
part of the perimeter and portal continuous monitoring system, as specified
in Annex 9 to this Protocol, in which that item of equipment is included.
2. Each shipping container on a pallet, listed in the inventory provided
in accordance with paragraph 1 of this Annex, shall be marked with a freight
marking, and shall have a complete packing list. One copy of that packing
list shall also be included in the inventory.
3. At the choice of the inspected Party, cargoes consisting of equipment
and supplies listed in the inventory provided in accordance with paragraph
1 of this Annex, may be examined at the point of entry, at the airport
associated with the facility subject to continuous monitoring or monitored
facility, or directly at such a facility. If the examination of such cargo
is conducted at the point of entry or at the airport associated with the
facility subject to continuous monitoring or monitored facility, such an
examination, at the discretion of the inspecting Party, may be conducted
in the presence of the aircrew members. Equipment and supplies carried
separately from the cargo shall be examined at the point of entry or at
the airport associated with the facility subject to continuous monitoring
or monitored facility, subject to the provisions of paragraphs 8, 11, 12
and 13 of Section V of this Protocol.
4. During the examination of the cargo, the contents of each shipping
container, and of each modular structure, shall be checked against the
list of equipment provided for in Section V of Annex 8 and in Annex 9 to
this Protocol and against the inventory of equipment and supplies provided
pursuant to paragraph 1 of this Annex. Based on the results of the examination
of the cargo, a member of the in-country escort and the monitoring team
leader or an authorized representative of such a team shall draw up and
sign a joint inventory of the equipment and supplies to reflect items actually
delivered. After the joint inventory has been signed, the monitors shall
have the right to begin using the cleared equipment, subject to the provisions
of paragraph 25 of Section XVI of this Protocol, and the cleared supplies,
at the facility subject to continuous monitoring or monitored facility.
5. Until the joint inventory referred to in paragraph 4 of this Annex
is signed, the inspected Party shall assist the inspecting Party in providing
security and protection from inclement weather for the cargo. For that
purpose the inspected Party shall provide storage areas for the equipment
and supplies. If the examination of cargo is conducted at the facility
subject to continuous monitoring or monitored facility, the inspected Party
may conduct that examination in the building for the storage of equipment
and supplies provided for in paragraph 23 of Section XVI of this Protocol.
A storage method shall be used that requires the presence of representatives
of both Parties for access to the equipment or supplies.
6. If the examination of the cargo is carried out at the point of
entry or at the airport associated with the facility subject to continuous
monitoring or monitored facility, upon completion of the examination procedures,
the inspecting Party shall repack the cargo, unless otherwise agreed within
the framework of the Joint Compliance and Inspection Commission. The inspected
Party, at the request of the inspecting Party, shall assist the inspecting
Party in repacking the cargo. If the examination of the cargo is conducted
at the point of entry or at the airport associated with the facility subject
to continuous monitoring or monitored facility, the inspected Party at
the request of the inspecting Party shall assist the inspecting Party in
providing for the security of the equipment and supplies during loading
and unloading operations, in fastening the cargo for shipment, and in protecting
the cargo from inclement weather. After the cargo has been packed, it shall
be sealed with seals of each of the Parties. Upon arrival of the cargo
at the facility subject to continuous monitoring or monitored facility,
the monitoring team leader and a member of the in-country escort shall
jointly examine the seals. The monitors shall open each shipping container
and modular structure in the presence of the in-country escort. (2 JCIC
Agreement No. 5, Article 2.)
7. The monitors shall have the right to observe palletized or oversize
items of cargo, including modular structures, at the point of entry and
at each point where they are transferred from one vehicle to another, including:
observing the loading of such items of cargo onto the vehicles that will
transport them to the facility subject to continuous monitoring or monitored
facility or to an intermediate transfer point; observing the transfer of
such items of cargo at an intermediate transfer point; and observing such
items of cargo at the facility subject to continuous monitoring or monitored
facility after the vehicles carrying such cargo arrive there. In the event
of unforeseen delays, the monitors shall have the right to observe such
items of cargo that are inside vehicles while such items of cargo are in
transit.
8. If during the examination of cargo, or at any time during installation,
operation, or maintenance of equipment, the in-country escort concludes
that an item of equipment or supplies can perform, or does perform,
functions unconnected with the requirements of continuous monitoring
activities, such an item of equipment or supplies shall be impounded
at the location of the examination. A member of the in-country escort
shall explain to the monitoring team leader, or authorized representative
of such a team, the reasons for such a conclusion. If the monitoring
team leader, or authorized representative of such a team, disagrees
with the conclusion of the member of the in-country escort, the monitoring
team leader, or authorized representative of such a team, may explain
the appropriateness of the item of equipment or supplies to the requirements
of continuous monitoring activities. If the member of the in-country
escort remains convinced of the original conclusion, that member of
the in-country escort and the monitoring team leader, or authorized
representative of such a team, shall record their views in a joint document,
and each of them shall retain a copy of the document. The Parties may
resolve disagreements on the use of impounded equipment or supplies
through diplomatic channels, within the framework of the Joint Compliance
and Inspection Commission, or by other methods agreed by the Parties.
Equipment and supplies impounded at the point of entry or at the airport
associated with a facility subject to continuous monitoring or monitored
facility shall not be brought to such a facility. Equipment impounded
at such a facility shall either not be installed or its use shall be
discontinued, and supplies impounded at such a facility shall not be
used. Unless the inspected Party informs the inspecting Party of a different
decision, such equipment or supplies shall be removed from the territory
of the inspected Party. If necessary, the inspected Party shall assist
the inspecting Party in delivering such equipment or supplies to the
point of entry or airport associated with the facility subject to continuous
monitoring or monitored facility. At the choice of the inspected Party,
prior to removal from the territory of the inspected Party, such equipment
or supplies shall be stored at the point of entry, at the airport associated
with the facility subject to continuous monitoring or monitored facility,
or directly at such a facility. A storage method shall be used that
requires the presence of representatives of both Parties for access
to the impounded equipment or supplies.
BITS
Homepage
|