Chapter 4

Inspections

12. Inspections under the Convention.—(1) If it is proposed that, a routine inspection, a challenge inspection or an assistance inspection be conducted in Bangladesh the National Authority may, subject to the provisions ofsub-section (2), issue an authorisation under thissection in respect ofthat inspection.

  • (2) In issuing any authorisation, the National Authority shall-
    • (a)take appropriate measuresto protectsensitive installations not connected with the Convention; and
    • (b)ensure that the Convention is not misused to the detriment of the security and economic interests of Bangladesh.

13. Assistance to inspections and responsibility of Assistant.—(1) If any inspection team comesto Bangladesh for the purposes of inspection undersection 12, the National Authority or any person or institution authorised by it shall give assistance to that inspection team in all respects.

  • (2) The assisting authority, person or institution shall, in order to provide assistance, within the limit of generality ofsub-section (1), perform the following specific duties, namely-
    • (a)to receive and make arrangement ofsafe maintenance of the equipments broughtby the inspection team forthe useofinspection;
    • (b)to examine the equipments brought under clause (a) to ensure that whether therewasany existenceof chemical in itsince before;
    • (c)to make necessary arrangement for taking the inspection team to the place where the inspection will be conducted underthisAct; and
    • (d)to give necessary technical assistance asthe inspection team requires.
  • (3) In giving assistance to the inspection team under this section, the manner of assistance to be given or the terms of assistance, asthe case may be, shall be determined by the National Authority.
  • (4) The assistance under this section shall be given under the supervision of the Chairman ofthe National Authority.
  • (5) For the purpose of conducting inspection under thissection, the identity card shall be provided to the inspection team by the National Authority.

14. Authorisation.—An authorisation issued undersection 12 shall include the following particulars, namely—

  • (a)the names and addresses of the members of the inspection team attested by their organisation;
  • (b)the name ofthe group leader in charge ofthe in-country escort;
  • (c)in the case of challenge inspection, the name of the accompanying observer of the inspection team;
  • (d)the name and detailed description of the specified area in which the inspection is to be conducted; and
  • (e)specific description of the type of inspection to be conducted 

15. Effect of Authorisation.—Authorised inspection team having authorisation under section 12, shall have the following powers, namely—

  •  
    • (a) to exercise, within the specified facility, area and transport such rights of access, entry and unobstructed inspection as are conferred on them by the Verification Annex;
    • (b) to do such other things within the specified facility, area and transport having relation with the inspection asthey are entitled to do by virtue of the Verification Annex including things concerning the maintenance, replacement or adjustment of any instrument which are openly used in transport;
    • (c) to accompany the in-country escort in accordance with the provisions of the Verification Annex; and 
    • (d) to take necessary assistance, on request of in-country escort, from the law enforcing agency, for the purpose of conducting the inspection in accordance with the Verification Annex.
  • (2) In the case of a challenge inspection, an observershall, in addition to the right given under section 12, have the right to enter any facility, area and transport specified for inspection under the Verification Annex.
  • (3) If any officer of disciplined force is assigned with duty of giving assistance in accordance with clause (d) ofsub-section (1), he may exercise all legal powers as he considers necessary for the interest of proper and quick inspection.

16. Rights and Privileges of members of inspection and observer team.—(1) Subject to the provisions ofsub-section (2), the members of an inspection or observer team shall enjoy such privileges and immunities as are mentioned in article 12 of Part II of the Verification Annex.

  • (2) The members of the said team, staying in Bangladesh, may enjoy the rights and privilegesin the following cases, namely-
    • (a)during the time of conducting a routine inspection, challenge inspection or assistance inspection; and
    • (b)during the time of enjoying transit facility in the territory of the other State Party to the convention carrying out the said inspections.
  • (3) If, any privilege of any member of inspection team acquired in accordance with the Verification Annex isrelinquished due to inconsistence with any existing law in Bangladesh, and if the said relinquishment isinformed to the member of the concerned inspection or observer team personally by a notice issued by the National Authority, the privileges given under the provision of this section shall not be enforced at the time of issue ofthe notice.

17.Resolution of any question raised regarding the status of any member of the inspection Team.—If any question arises to the effect whether any person was engaged in the duties of routine inspection, challenge inspection or assistance inspection or performed duties as a member of in-country escort, then the authorisation issued by the National Authority for the purpose shall be considered as conclusive proof in resolution of that question.

18.Legality of the authorisation.—No question shall be raised in any court about the legality of the authorisation issued under section 12 for any inspection conducted under thisAct.

19.Correction of authorisation, etc.—(1) For the purpose of this Act, the National Authority, may, if necessary, from time to time, change any place of inspection mentioned in the authorisation issued undersection 12.

  • (2) If any authorisation is amended undersub-section (1)—
    • (a)the provision of section 15 shall be applicable to the place for which it was amended; and
    • (b)the provision of section 18 shall be applicable to the amended authorisation, asit would have been applicable to the original authorisation.