Page:United States Statutes at Large Volume 112 Part 4.djvu/903

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PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-874 national security or economic well-being of the United States. (B) NOT SUBJECT TO JUDICIAL REVIEW.— Any objection by the President to an individual serving as an inspector, whether made pursuant to this section or otherwise, shall not be reviewable in any court. SEC. 304. PROCEDURES FOR INSPECTIONS. 22 USC 6724. (a) TYPES OF INSPECTIONS. —Each inspection of a plant, plant site, or other facility or location in the United States under the Convention shall be conducted in accordance with this section and section 305, except where other procedures are provided in a facility agreement entered into under section 302. (b) NOTICE. — (1) IN GENERAL.—An inspection referred to in subsection (a) may be made only upon issuance of an actual written notice by the United States National Authority to the owner and to the operator, occupant, or agent in charge of the premises to be inspected. (2) TIME OF NOTIFICATION.— The notice for a routine inspection shall be submitted to the owner and to the operator, occupant, or agent in charge within six hours of receiving the notification of the inspection from the Technical Secretariat or as soon as possible thereafter. Notice for a challenge inspection shall be provided at any appropriate time determined by the United States National Authority. Notices may be posted prominently at the plant, plant site, or other facility or location if the United States is unable to provide actual written notice to the owner, operator, or agent in charge of the premises. (3) CONTENT OF NOTICE.— (A) IN GENERAL.— The notice under paragraph (1) shall include all appropriate information supplied by the Technical Secretariat to the United States National Authority concerning— (i) the type of inspection; (ii) the basis for the selection of the plant, plant site, or other facility or location for the t5npe of inspection sought; (iii) the time and date that the inspection will begin and the period covered by the inspection; and (iv) the names and titles of the inspectors. (B) SPECIAL RULE FOR CHALLENGE INSPECTIONS. —In the case of a challenge inspection pursuant to Article IX of the Convention, the notice shall also include all appropriate evidence or reasons provided by the requesting state party to the Convention for seeking the inspection. (4) SEPARATE NOTICES REQUIRED.—^A separate notice shall be provided for each inspection, except that a notice shall not be required for each entry made during the period covered by the inspection. (c) CREDENTIALS.—The head of the inspection team of the Technical Secretariat and the accompanying employees of the Federal government shall display appropriate identifying credentials to the owner, operator, occupant, or agent in charge of the premises before the inspection is commenced. (d) TIMEFRAME FOR INSPECTIONS. —Consistent with the provisions of the Convention, each inspection shall be commenced and