The Chemical Weapons Convention Act, 2000

Chapter V Inspection, Search, Seizure and Forfeiture

19. Power of Inspector to inspect any person or place.-

1.      An Inspector may inspect-

a.      any person who is engaged in-

              i.         the production, processing, acquisition, consumption, transfer, import, export or use of any Toxic Chemical or Precursor listed in any of the Schedules 1 to 3 in the Annex on Chemicals to the Convention; or

the production of any Discrete Organic Chemical including those Discrete Organic Chemicals containing elements of phosphorous, sulphur or fluorine;

a.    

b.     any place where any Chemical Weapon, Old Chemical Weapon or Abandoned Chemical Weapon is located or Chemical Weapon Production Facility exists, for the purposes specified in the Verification Annex to the Convention.

2.      An Inspection Team may undertake a Challenge Inspection of any Facility or location pursuant to Article IX and such inspection shall be undertaken in accordance with the provisions of the Verification Annex to the Convention.

3.      The Inspection Team may, while carrying out a Challenge Inspection, be accompanied by an Observer to observe the conduct of the Challenge Inspection.

4.      An enforcement officer shall accompany the Inspector or Inspection Team to observe all verification activities carried out by the Inspector or Inspection Team and to provide the Inspector or Inspection Team, during the inspection, with such clarifications in connection with an ambiguity that may arise during an inspection as may be necessary to remove such ambiguity.

5.      Every Inspector or Inspection Team shall have-

a.      the right to interview any Facility personnel in the presence of enforcement officer for the purpose of establishing relevant facts;

b.     the right to request clarifications in connection with ambiguities that may arise during inspection;

c.      the right to demand production of such documentation and records which are relevant and necessary for the purpose of inspection;

d.     the right to take photographs of an object or a building located within the Inspection Site if question relating to that object or building is not resolved;

e.      the right to draw samples, perform on site analysis of such samples; and

f.      such other rights as are provided under the Convention.

1.     

2.     

3.     

4.     

5.     

6.      An Inspector or Inspection Team shall, during the conduct of verification activities or Challenge Inspection, enjoy the privileges and immunities referred to in Part II of the Verification Annex to the Convention.

7.      No sample drawn under clause (e) of sub-section (5) by an Inspector or Inspection Team shall be sent for analysis in any laboratory situated outside the territory of India.

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