View all text of Subchapter II [§ 6721 - § 6729]
§ 6723. Authority to conduct inspections
(a) Prohibition
(b) Authority
(1) Technical Secretariat inspection teams
(2) United States Government representatives
The United States National Authority shall coordinate the designation of employees of the Federal Government (and, in the case of an inspection of a United States Government facility, the designation of contractor personnel who shall be led by an employee of the Federal Government) to accompany members of an inspection team of the Technical Secretariat and, in doing so, shall ensure that—
(A) a special agent of the Federal Bureau of Investigation, as designated by the Federal Bureau of Investigation, accompanies each inspection team visit pursuant to paragraph (1);
(B) no employee of the Environmental Protection Agency or the Occupational Safety and Health Administration accompanies any inspection team visit conducted pursuant to paragraph (1); and
(C) the number of duly designated representatives shall be kept to the minimum necessary.
(3) Objections to individuals serving as inspectors
(A) In general
In deciding whether to exercise the right of the United States under the Convention to object to an individual serving as an inspector, the President shall give great weight to his reasonable belief that—
(i) such individual is or has been a member of, or a participant in, any group or organization that has engaged in, or attempted or conspired to engage in, or aided or abetted in the commission of, any terrorist act or activity;
(ii) such individual has committed any act or activity which would be a felony under the laws of the United States; or
(iii) the participation of such individual as a member of an inspection team would pose a risk to the national security or economic well-being of the United States.
(B) Not subject to judicial review
(c) Exception
(Pub. L. 105–277, div. I, title III, § 303, Oct. 21, 1998, 112 Stat. 2681–873; Pub. L. 106–280, title III, § 305, Oct. 6, 2000, 114 Stat. 854; Pub. L. 107–107, div. A, title XII, § 1204(a), Dec. 28, 2001, 115 Stat. 1247.)