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  LIbrary Treaties Underground Test Ban, Protocol Section IX, December 11, 1990

Section IX. Designated Personnel and Transport Personnel

1. No later than 10 days following entry into force of the Treaty each Party shall provide the other Party with a list of its proposed Designated Personnel who will carry out activities in accordance with this Protocol and a list of its proposed Transport Personnel who will provide transportation for these Designated Personnel, their baggage, and equipment of the Verifying Party. These lists

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shall contain name, date of birth, and sex of each individual of its proposed Designated Personnel and Transport Personnel. The list of Designated Personnel shall at no time include more than 300 individuals, and the list of Transport Personnel shall at no time include more than 200 individuals.

2. Each Party shall review the list of Designated Personnel and the list of Transport Personnel proposed by the other Party. It the Party reviewing a list determines that an individual included thereon is acceptable to it, it shall so inform the Party providing the list within 20 days following receipt of the list, and such an individual shall be deemed accepted. If the Party reviewing a list determines that an individual included thereon is not acceptable to it, it shall so inform the Party providing the list of its objection within 20 days following receipt of the list, and such an individual shall be deemed unaccepted and shall be deleted from the list.

3. Each Party may propose the addition or substitution of individuals on its list of Designated Personnel or its list of Transport Personnel at any time, who shall be designated in the same manner as provided in paragraph 2 of this Section with regard to the initial lists. Annually, no more than 100 individuals from the list of Designated Personnel shall be subject to substitution. This limitation shall not apply to the replacement of individuals due to permanent physical incapacity or death, or to deletion of an individual from the list of Designated Personnel in accordance with paragraph 5 of this Section. Replacement of an individual due to permanent physical incapacity, death or deletion from the list shall be accomplished in the same manner as provided in paragraph 2 of this Section.

4. Following receipt of the initial list of Designated Personnel or the initial list of Transport Personnel or of subsequent changes thereto, the Party receiving such information shall prepare for the issuance of such visas and other documents as may be required to ensure that each individual on the list of Designated Personnel or the list of Transport Personnel who has been accepted may enter and remain in its territory for the purpose of carrying out activities in accordance with this Protocol. Such visas and documents shall be provided by the Testing Party only to the individuals whose names are included in the notification provided by the Verifying Party, in accordance with paragraphs 2 and 3 of Section X of this Protocol, upon receipt of such notification. Such visas and documents shall be valid for multiple entry throughout the period required for Designated Personnel to carry out their activities related to verification of a specific test.

5. If a Party determines that an individual included on the list of Designated Personnel or the list of Transport Personnel of the other Party has violated the provisions of this Protocol or has ever committed a criminal offense in its territory, or has ever been sentenced for committing a criminal offense, or has ever been expelled from its territory, the Party making such a determination shall notify the other Party of its objection to the continued inclusion of this individual on the list. If at that time this individual is present in the territory of the Party raising the objection, then the other Party shall immediately recall this individual from the territory of the Party raising this objection and immediately thereafter delete that individual from the list of Designated Personnel or from the list of Transport Personnel.

6. Designated Personnel with their personal baggage and equipment of the Verifying Party shall be permitted to enter the territory of the Testing Party at the designated point of entry, to remain in that territory, and to exit that territory through the designated point of entry.

7. Designated Personnel and Transport Personnel shall be accorded the following privileges and immunities for the entire period they are in the territory of the Testing Party and thereafter with respect to acts previously performed in the exercise of their official functions as Designated Personnel or Transport Personnel:

(a) Designated Personnel and Transport Personnel shall be accorded the inviolability enjoyed by diplomatic agents pursuant to Article 29 of the Vienna Convention on Diplomatic Relations of April 18, 1961;

(b) living and working quarters occupied by Designated Personnel and Transport Personnel carrying out activities in accordance with this Protocol shall be accorded the inviolability and protection accorded the quarters of missions and diplomatic agents pursuant to Articles 22 and 30 of the Vienna Convention on Diplomatic Relations;

(c) archives, documents, papers, and correspondence of Designated Personnel and Transport Personnel shall enjoy the inviolability accorded the archives, documents, papers, and correspondence of missions and diplomatic agents pursuant to Articles 24 and 30 of the Vienna Convention on Diplomatic Relations. In addition, the aircraft or other transport vehicles of the Verifying Party shall be inviolable;

(d) Designated Personnel and Transport Personnel shall be accorded the of immunities accorded diplomatic agents pursuant to paragraphs 1, 2, and 3 of Article 31 of the Vienna Convention on Diplomatic Relations. Immunity from jurisdiction of Designated Personnel or Transport Personnel may be waived by the Verifying Party in those cases in which it is of the opinion that immunity would impede the course of justice, and it can be waived without prejudice to the implementation of the provisions of this Protocol. Waiver must always be express;

(e) Designated Personnel and Transport Personnel carrying out their activities in accordance with this Protocol shall be accorded the exemption from dues and taxes accorded diplomatic agents pursuant to Article 34 of the Vienna Convention on Diplomatic Relations;

(f) living and working quarters occupied by Designated Personnel and Transport Personnel carrying out their activities in accordance with this Protocol shall be accorded the exemption from dues and taxes accorded mission premises pursuant to Article 23 of the Vienna Convention on Diplomatic Relations; and

(g) Designated Personnel and Transport Personnel shall be permitted to bring into the territory of the Testing Party, without payment of any customs duties or related charges, articles for their personal use, with the exception of articles the import or export of which is prohibited by law or controlled by quarantine regulations.

8. Designated Personnel and Transport Personnel shall not engage in any professional or commercial activity for personal profit in the territory of the Testing Party.

9. Without prejudice to their privileges and immunities, Designated Personnel and Transport Personnel shall be obliged to respect the laws and regulations of the Testing Party and shall be obliged not to interfere in the internal affairs of that Party.

10. If the Testing Party considers that there has been an abuse of privileges and immunities specified in paragraph 7 of this Section, consultations shall be held between the Parties to determine whether such an abuse has occurred and, if so determined, to prevent a repetition of such an abuse.

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