Declarations.
SEC. 12. Declarations. -
(a) The ATC shall prepare and submit annual declarations to the OPCW on relevant toxic chemicals, their precursors, and facilities in accordance with the Convention. Pursuant thereto, the ATC shall collect and manage data from any person engaged in the production, consumption, processing, import, and export of scheduled chemicals, and compile data gathered by relevant government agencies pertaining to the same acts or activities.
(b) Supply of information - Any person who developed, produced, acquired, processed, consumed, retained, or used toxic chemicals or their precursors, to which any provision in Parts VI through IX of the Convention's Verification Annex supplies, or who intends to carry out such activities, shall:
(1) Notify the ATC within such period as its prescribes of the chemicals and the facility through a written submission in a form approved and issued by the ATC;
(2) Keep a record of such chemicals, quantities, and the purpose for which the chemicals are stored in a specific facility;
(3) Prepare annual reports relating to the chemicals and the facility in a form approved and issued by the AYC; and
(4) Submit annual reports to the ATC.
The records and reports under paragraph (b) (1) to (4) herein must satisfy the requirements of the ATC to ensure that the Convention and the provisions of this Act and any regulation made under this Act are being complied with.
Inspection.
SEC. 13. Inspection. - The ATC shall issue a certificate to every member of the OPCW inspection team, containing the bearer's name, status, authority to conduct inspections, applicable privileges, and any other information and conditions applicable to the person's inspection activities. Every international inspector shall present the certificate to the person-in-charge.
Inspections, with the purpose of verifying the accuracy of the declarations submitted, shall be conducted with the consent of the person-in-charge of the facility or under a warrant issued by the courts, and shall be done at any reasonable time and consistent with the provisions of the Convention. An inspection shall also be conducted when an investigation has been initiated.
No inspection of a facility or any location pursuant to the Convention shall take place without the authorization of the ATC.
Any foreign OPCW-designated inspector shall be accompanied by an authorized representative from the ATC or any designated government official. To facilitate the conduct of inspection, the authorized representative from the ATC or any designated government official shall direct any proper person to provide the inspectors with access to the facility being inspected, examine records related thereto, document the inspection, take samples for analysis, interview persons in the facility, and any other activity pursuant to the provisions of the Convention's Verification Annex.
National and local government authorities conducting inspections pursuant to their regulatory functions under existing laws are exempt from the requirements provided under this section.
Protection of Confidential Information.
SEC. 14. Protection of Confidential Information. - Any confidential information given or obtained pursuant to this Act shall be disclosed only for the purpose of complying with obligations under the Convention, enforcing this Act, or dealing with a public safety emergency. Non-Disclosure Agreements shall be entered into by parties to ensure protection of said confidential information.
