Collapse to view only § 8122. Procedures for complementary access
- § 8121. Requirement for authority to conduct complementary access
- § 8122. Procedures for complementary access
- § 8123. Consents, warrants, and complementary access
- § 8124. Prohibited acts relating to complementary access
§ 8121. Requirement for authority to conduct complementary access
(a) Prohibition
(b) Authority
(1) In general
(2) United States representatives
(A) Restrictions
(B) Number
(Pub. L. 109–401, title II, § 221, Dec. 18, 2006, 120 Stat. 2744.)
§ 8122. Procedures for complementary access
(a) In general
(b) Notice
(1) In general
(2) Time of notification
(3) Content of notice
(A)1
1 So in original. No subpar. (B) has been enacted.
In generalThe notice required by paragraph (1) shall specify—
(i) the purpose for the complementary access;
(ii) the basis for the selection of the facility, site, or other location for the complementary access sought;
(iii) the activities that will be carried out during the complementary access;
(iv) the time and date that the complementary access is expected to begin, and the anticipated period covered by the complementary access; and
(v) the names and titles of the inspectors.
(4) Separate notices required
(c) Credentials
(d) Scope
(1) In general
(2) Exception
Unless required by the Additional Protocol, no inspection under this chapter shall extend to—
(A) financial data (other than production data);
(B) sales and marketing data (other than shipment data);
(C) pricing data;
(D) personnel data;
(E) patent data;
(F) data maintained for compliance with environmental or occupational health and safety regulations; or
(G) research data.
(e) Environment, health, safety, and security
(Pub. L. 109–401, title II, § 222, Dec. 18, 2006, 120 Stat. 2744.)
§ 8123. Consents, warrants, and complementary access
(a) In general
(1) Procedure
(A) Consent
(B) Administrative search warrant
(2) Expedited access
(b) Administrative search warrants for complementary access
(1) Obtaining administrative search warrants
(2) Content of affidavits for administrative search warrantsA judge of the United States shall promptly issue an administrative search warrant authorizing the requested complementary access upon an affidavit submitted by the United States Government—
(A) stating that the Additional Protocol is in force;
(B) stating that the designated facility, site, or other location is subject to complementary access under the Additional Protocol;
(C) stating that the purpose of the complementary access is consistent with Article 4 of the Additional Protocol;
(D) stating that the requested complementary access is in accordance with Article 4 of the Additional Protocol;
(E) containing assurances that the scope of the IAEA’s complementary access, as well as what it may collect, shall be limited to the access provided for in Article 6 of the Additional Protocol;
(F) listing the items, documents, and areas to be searched and seized;
(G) stating the earliest commencement and the anticipated duration of the complementary access period, as well as the expected times of day during which such complementary access will take place; and
(H) stating that the location to which entry in connection with complementary access is sought was selected either—
(i) because there is probable cause, on the basis of specific evidence, to believe that information required to be reported regarding a location pursuant to regulations promulgated under this chapter is incorrect or incomplete, and that the location to be accessed contains evidence regarding that violation; or
(ii) pursuant to a reasonable general administrative plan based upon specific neutral criteria.
(3) Content of warrants
(Pub. L. 109–401, title II, § 223, Dec. 18, 2006, 120 Stat. 2745.)
§ 8124. Prohibited acts relating to complementary access
It shall be unlawful for any person willfully to fail or refuse to permit, or to disrupt, delay, or otherwise impede, a complementary access authorized by this subchapter or an entry in connection with such access.
(Pub. L. 109–401, title II, § 224, Dec. 18, 2006, 120 Stat. 2747.)