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Annex to the Treaty on the Southeast Asia
Nuclear-Weapon-Free Zone (Treaty of Bangkok)

Procedure for a Fact-Finding Mission

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1. The State Party requesting a fact-finding mission as provided in Article 13, hereinafter referred to as the "requesting State", shall submit the request to the Executive Committee specifying the following: 

(a) the doubts or concerns and the reasons for such doubts or concerns; 

(b) the location in which the situation which gives rise to doubts has allegedly occurred; 

(c) the relevant provisions of the Treaty about which doubts of compliance have arisen; and 

(d) any other relevant information.

2. Upon receipt of a request for a fact-finding mission, the Executive Committee shall: 

(a) immediately inform the State Party to which the fact-finding mission is requested to be sent, hereinafter referred to as the "receiving State", about the receipt of the request; and 

(b) not later than 3 weeks after receiving the request, decide if the request complies with the provisions of Paragraph 1 and whether or not it is frivolous, abusive or clearly beyond the scope of the Treaty. Neither the requesting nor receiving State Party shall participate in such decisions. 

3. In case the Executive Committee decides that the request does not comply with the provisions of Paragraph 1, or that it is frivolous, abusive or clearly beyond the scope of the Treaty, it shall take no further action on the request and inform the requesting State and the receiving State accordingly. 

4. In the event that the Executive Committee decide that the request complies with the provisions of Paragraph 1, and that it is not frivolous, abusive or clearly beyond the scope of the Treaty, it shall immediately forward the request for a fact-finding mission to the receiving State, indicating, inter alia, the proposed date for sending the mission. The proposed date shall not be later that 3 weeks from the time the receiving State receives the request for a fact-finding mission. The Executive Committee shall also immediately set up a fact-finding mission consisting of 3 inspectors from the IAEA who are neither nationals of the requesting nor receiving State. 

5. The receiving State shall comply with the request for a fact-finding mission referred to in Paragraph 4. It shall cooperate with the Executive Committee in order to facilitate the effective functioning of the fact-finding mission, inter alia, by promptly providing unimpeded access of the fact-finding mission to the location in question. The receiving State shall accord to the members of the fact-finding mission such privileges and immunities as are necessary for them to exercise their functions effectively, including inviolability of all papers and documents and immunity from arrest, detention and legal process for acts done and words spoken for the purpose of the mission. 

6. The receiving State shall have the right to take measures to protect sensitive installations and to prevent disclosures of confidential information and data not related to this Treaty. 

7. The fact-finding mission, in the discharge of its functions, shall: 

(a) respect the laws and regulations of the receiving State; 

(b) refrain from activities inconsistent with the objectives and purposes of this Treaty; 

(c) submit preliminary or interim reports to the Executive Committee; and 

(d) complete its task without undue delay and shall submit its final report to the Executive Committee within a reasonable time upon completion of its work. 

8. The Executive Committee shall : 

(a) consider the reports submitted by the fact-finding mission and reach a decision on whether or not there is a breach of the Treaty; 

(b) immediately communicate its decision to the requesting State and the receiving State, and 

(c) present a full report on its decision to the Commission. 

9. In the event that the receiving State refuses to comply with the request for a fact-finding mission in accordance with Paragraph 4, the requesting State through the Executive Committee shall have the right to request for a meeting of the Commission. The Executive Committee shall immediately request the Commission to convene a meeting in accordance with Paragraph 3 (e) of Article 9.