Page:United States Statutes at Large Volume 112 Part 4.djvu/901

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PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-872 Subtitle B—Revocations of Export Privileges SEC. 211. REVOCATIONS OF EXPORT PRIVILEGES. 18 USC 229 note. If the President determines, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, that any person within the United States, or any national of the United States located outside the United States, has committed any violation of section 229 of title 18, United States Code, the President may issue an order for the suspension or revocation of the authority of the person to export from the United States any goods or technology (as such terms are defined in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415)). TITLE III—INSPECTIONS SEC. 301. DEFINITIONS IN THE TITLE. 22 USC 6721. (a) IN GENERAL.— In this title, the terms "challenge inspection", "plant site", "plant", "facility agreement", "inspection team", and "requesting state party" have the meanings given those terms in Part I of the Annex on Implementation and Verification of the Chemical Weapons Convention. The term "routine inspection" means an inspection, other than an "initial inspection", undertaken pursuant to Article VI of the Convention. (b) DEFINITION OF JUDGE OF THE UNITED STATES. —In this title, the term "judge of the United States" means a judge or magistrate judge of a district court of the United States. SEC. 302. FACILITY AGREEMENTS. 22 USC 6722. (a) AUTHORIZATION OF INSPECTIONS. —Inspections by the Technical Secretariat of plants, plant sites, or other facilities or locations for which the United States has a facility agreement with the Organization shall be conducted in accordance with the facility agreement. Any such facility agreement may not in any way limit the right of the owner or operator of the facility to withhold consent to an inspection request. (b) TYPES OF FACILITY AGREEMENTS. — (1) SCHEDULE TWO FACILITIES.—The United States National Authority shall ensure that facility agreements for plants, plant sites, or other facilities or locations that are subject to inspection pursuant to paragraph 4 of Article VI of the Convention are concluded unless the owner, operator, occupant, or agent in charge of the facility and the Technical Secretariat agree that such an agreement is not necessary. (2) SCHEDULE THREE FACILITIES. —The United States National Authority shall ensure that facility agreements are concluded for plants, plant sites, or other facilities or locations that are subject to inspection pursuant to paragraph 5 or 6 of Article VI of the Convention if so requested by the owner, operator, occupant, or agent in charge of the facility. (c) NOTIFICATION REQUIREMENTS.— The United States National Authority shall ensure that the owner, operator, occupant, or agent in charge of a facility prior to the development of the agreement relating to that facility is notified and, if the person notified so requests, the person may participate in the preparations for the negotiation of such an agreement. To the maximum extent practicable consistent with the Convention, the owner and the operator.