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  :: Treaties Treaty on Undergorund Explosions for Peaceful Purposes, Protocol Section X

Section X. Entry, Transport, Food, Lodging and Provision of Services for Designated Personnel and Transport Personnel

1. The Party carrying out the explosion shall ensure Designated Personnel and Transport Personnel access to its territory for the purposes of carrying out activities related to verification, in accordance with this Protocol, and shall provide these personnel with such other assistance as may be necessary to enable them to carry out these activities. Following notification by the

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Verifying Party of its intention to conduct hydrodynamic yield measurement or to carry out on- site inspection, Designated Personnel shall have the right to be present at the site of the explosion to carry out activities in accordance with this Protocol at such times and for such periods as required to carry out these activities. The specific times and periods for carrying out such activities shall be specified in the coordinated schedule specified in paragraph 6 of Section XI of this Protocol.

2. The number of Designated Personnel shall not exceed:

(a) when exercising their rights and functions associated with drilling, logging, hole surveying, and coring, if this work is carried out by Designated Personnel operating their own equipment or equipment leased from the Party carrying out the explosion, 25;

(b) when exercising their rights and functions associated with observing drilling, logging, hole surveying, and coring performed by the Party carrying out the explosion, or when Designated Personnel perform logging, hole surveying, or sidewall rock sampling, 10;

(c) when exercising their rights and functions associated with the confirmation of the validity of geological and geophysical information, the number of emplacement holes plus three;

(d) when exercising their rights and functions associated with the use of hydrodynamic yield measurement equipment, the number of explosives plus three, plus the number of recording facilities specified in paragraph 5 of Section VIII of this Protocol multiplied by seven; and, with respect to group explosions in which radio controlled recording facilities are employed, three per recording facility, plus seven for the command and monitoring facility;

(e) when exercising their rights and functions associated with the use of a local seismic network, 15;

(f) for administrative, coordination, clerical, and health and safety matters, when Designated Personnel described in subparagraphs (a), (b), (c), (d), and (e) of this paragraph are present, eight; and

(g) if the Verifying Party provides food and housing for Designated Personnel identified in subparagraphs (a), (b), (c), (d), (e), and (f) of this paragraph, six.

3. No less than 20 days prior to the planned arrival of its Designated Personnel or equipment at the point of entry to carry out activities related to verification of a particular explosion, the Verifying Party shall provide the Party carrying out the explosion with:

(a) a list of the names of the Designated Personnel, their passports and documentation, and a list of the names of the Transport Personnel, their passports and documentation, who will carry out activities related to verification of a particular explosion;

(b) the names of the Designated Personnel Team Leader and deputy team leader, and the names of those individuals from the Designated Personnel who will escort equipment of the Verifying Party to the site of the explosion;

(c) confirmation of the point of entry to be used;

(d) the scheduled date and the estimated time of arrival of Designated Personnel at the point of entry; and

(e) designation of the mode of transport to be used.

No more than 15 days following receipt of the lists, passports, and documentation specified in subparagraph (a) of this paragraph, the Party carrying out the explosion shall return those passports to the Verifying Party with the visas and documents specified in paragraph 4 of Section IX of this Protocol.

4. If a transport aircraft other than a regularly scheduled commercial aircraft is used for transportation, its flight path shall be along airways that are agreed upon by the Parties, and its flight plan shall be filed in accordance with the procedures of the International Civil Aviation Organization applicable to civil aircraft, including in the remarks section of the flight plan a confirmation that the appropriate clearance has been obtained. The Party carrying out the explosion shall provide parking, security protection, servicing, and fuel for the aircraft of the Verifying Party at the point of entry. The Verifying Party shall bear the cost of such fuel and servicing.

5. The Party carrying out the explosion shall ensure that any necessary clearances or approvals are granted so as to enable Designated Personnel, their baggage, and equipment of the Verifying Party to arrive at the point of entry by the estimated arrival date and time.

6. The Party carrying out the explosion shall assist Designated Personnel and Transport Personnel and their baggage in passage through customs without undue delay. The Party carrying out the explosion shall provide transportation between the point of entry and the site of the explosion for Designated Personnel, for their baggage and equipment of the Verifying Party, so as to enable such personnel to exercise their rights and functions in the time periods provided for in this Protocol.

7. The Party carrying out the explosion shall have the right to assign its personnel to escort Designated Personnel and Transport Personnel while they are in the territory of the Party carrying out the explosion.

8. Except as otherwise provided for in this Protocol, movement and travel of Designated Personnel and Transport Personnel shall be subject to the authorization of the Party carrying out the explosion.

9. During the period Designated Personnel and Transport Personnel are in the territory of the Party carrying out the explosion, the Party carrying out the explosion shall provide food, living and working facilities, secure places for storing equipment, transportation, and medical services for such personnel. If the Verifying Party desires to provide its own food or housing units for its Designated Personnel, or food for its Transport Personnel during their stay in the territory of the Party carrying out the explosion, the Party carrying out the explosion shall provide such assistance as may be necessary for such food and housing units to arrive at the appropriate locations. If the Verifying Party provides its own housing units, they shall be delivered to the point of entry no less than 30 days prior to the arrival of Designated Personnel. The Party carrying out the explosion shall have the right to inspect these housing units upon their arrival at the point of entry for a 30-day period, without the presence of personnel of the Verifying Party.

10. The Party carrying out the explosion shall ensure the Designated Personnel Team Leader or his designated representative access at all times to means of direct communications between the site of the explosion and the embassy of the Verifying Party, and shall provide Designated Personnel with telephone communications between their working facilities and living accommodations at the site of the explosion. The Designated Personnel Team Leader or his designated representative shall also have the right to use at all times satellite communications to ensure communications via the International Maritime Satellite Organization (INMARSAT) commercial satellite system, or a system of equivalent performance, between the site of the explosion and the telephone communications system of the Verifying Party. If the Party carrying out the explosion does not provide such communications, Designated Personnel shall have the right to use their own equipment specified in paragraph 1(h) of Section VIII of this Protocol. In this case, installation and alignment of all such equipment shall be done jointly. All equipment of this system, except the remote control unit, shall be locked and placed under seals of both Parties, and neither Party shall have access to this equipment except under the observation of personnel of the other Party. Designated Personnel shall have exclusive use of the remote control unit. If the Verifying Party provides satellite communications equipment, personnel of the Party carrying out the explosion shall have the right, under the observation of Designated Personnel, to make the following modifications provided they do not degrade the quality of communications:

(a) install bandpass filters, to limit the frequency range, in the antenna signal transmission and reception lines;

(b) modify the remote control unit to prevent manual tuning; and

(c) modify the satellite communications equipment to allow the Party carrying out the explosion to monitor all transmissions.

11. At the site of the explosion, Designated Personnel shall observe all safety rules and regulations applicable to the personnel of the Party carrying out the explosion, as well as those additional restrictions with regard to access and movement as may be established by the Party carrying out the explosion. Designated Personnel shall have access only to the areas where they will directly exercise their rights and functions in accordance with Sections V, VI, and VII of this Protocol.

12. Designated Personnel shall not be given or seek access by physical, visual or technical means to the interior of the explosive canister, to documentary or other information descriptive of the design of an explosive, or to equipment for control and firing of explosives. The Party carrying out the explosion shall not locate documentary or other information descriptive of the design of an explosive in such ways as to impede Designated Personnel in carrying out their activities in accordance with this Protocol.

13. With the exception of those cases in which the Parties otherwise agree, all costs related to the activities of Designated Personnel and Transport Personnel carried out in accordance with this Protocol shall be borne by the Verifying Party, including costs for materials, equipment, leased equipment, and services that have been requested by and provided to the Verifying Party, as well as costs for transportation, food, living and working facilities, provision of medical assistance, and communications. These costs shall be billed at the standard or official rates existing in the territory of the Party carrying out the explosion.

14. The Verifying Party shall have the right to include among its Designated Personnel a medical specialist, who shall be allowed to bring medications, medical instruments, and portable medical equipment agreed upon by the Parties. If Designated Personnel are treated in a medical facility of the Party carrying out the explosion the medical specialist shall have the right to consult on the recommended treatment and monitor the course of medical treatment at all times. The medical specialist of the Verifying Party shall have the right to require the Party carrying out the explosion to provide emergency evacuation of any individual of Designated Personnel who is ill or suffered an accident to a mutually agreed medical facility in the territory of the Party carrying out the explosion or to the point of entry for emergency medical evacuation by the Verifying Party. Designated Personnel shall have the right to refuse any treatment prescribed by medical personnel of the Party carrying out the explosion, and in this case the Party carrying out the explosion shall not be responsible for any consequences of such refusal. Such refusal must always be express.

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