Common use of VERIFICATION MEASURES Clause in Contracts

VERIFICATION MEASURES. 1. For the purposes of the Treaty, all underground nuclear explosions conducted outside national nuclear test sites shall be considered underground nuclear explosions for peaceful purposes subject to all the provisions of the Treaty. For purposes of verification of compliance with the Treaty, in addition to using available national technical means, the Verifying Party shall have the right: (a) to use the hydrodynamic yield measurement method, in accordance with Section V of this Protocol, to measure the yield of each explosion that the Party carrying out the explosion notifies, in accordance with paragraph 3 of Section IV of this Protocol, to have a planned yield exceeding 50 kilotons; (b) to use the hydrodynamic yield measurement method, in accordance with Section V of this Protocol, to monitor the yield of each individual explosion in a group explosion that the Party carrying out the explosion notifies, in accordance with paragraph 3 of Section IV of this Protocol, to have a planned aggregate yield exceeding 50 kilotons; (c) to use, in conjunction with the use of the hydrodynamic yield measurement method, a local seismic network, in accordance with Section VI of this Protocol, for each group explosion that the Party carrying out the explosion notifies, in accordance with paragraph 3 of Section IV of this Protocol, to have a planned aggregate yield exceeding 150 kilotons; and (d) to carry out on-site inspection, in accordance with Section VII of this Protocol, with respect to any explosion that the Party carrying out the explosion notifies, in accordance with paragraph 3 of Section IV of this Protocol, to have a planned yield exceeding 35 kilotons and, with respect to any explosion having a planned yield exceeding 50 kilotons, only if the Verifying Party has decided not to use the hydrodynamic yield measurement method. 2. The Party carrying out the explosion shall bear full responsibility for, and have exclusive control over, the conduct of the explosion. 3. Designated Personnel shall be responsible for the working of their equipment, its timely installation and operation, for participating in such operations, including dry runs, as the Party carrying out the explosion may request, and for recording data at the time of the explosion. The Party carrying out the explosion shall be under no obligation to change the time of the explosion because of any malfunction of the equipment of the Verifying Party or inability of Designated Personnel to carry out their functions, unless actions of the Party carrying out the explosion have caused such a situation to arise.

Appears in 2 contracts

Sources: Treaty, Treaty

VERIFICATION MEASURES. 1. For the purposes of the Treaty, all underground nuclear explosions conducted outside national nuclear test sites shall be considered underground nuclear explosions for peaceful purposes subject to all the provisions of the Treaty. For purposes of verification of compliance with the Treaty, in addition to using available national technical means, the Verifying Party shall have the right, with respect to tests that are conducted 200 days or more following entry into force of the Treaty: (a) with respect to a test having a planned yield exceeding 50 kilotons, to carry out any or all of the verification activities associated with use of the hydrodynamic yield measurement method, in accordance with Section V of this Protocol, with respect to each explosion in the test; (b) with respect to a test having a planned yield exceeding 50 kilotons, to carry out any or all of the verification activities associated with use of the seismic yield measurement method, in accordance with Section VI of this Protocol; and (c) with respect to a test having a planned yield exceeding 35 kilotons, to carry out any or all of the verification activities associated with on-site inspection, in accordance with Section VII of this Protocol, with respect to each explosion in the test, except that such activities may be carried out with respect to a test having a planned yield exceeding 50 kilotons only if the Verifying Party does not use the hydrodynamic yield measurement method. 2. In addition to the rights specified in paragraph 1 of this Section, for the purposes of building confidence in the implementation of this Protocol and improving its national technical means of verification, the Verifying Party shall have the right: (a) if, in each of the five calendar years immediately following entry into force of the Treaty, the Testing Party does not conduct at least two tests having a planned yield exceeding 50 kilotons, to use the hydrodynamic yield measurement method, in accordance with Section V of this Protocol, with respect to measure two tests from among those having the yield of each explosion highest planned yields that the Testing Party carrying out the explosion notifiesconducts in that calendar year; (b) if, in accordance with paragraph 3 the sixth calendar year following entry into force of Section IV of this Protocolthe Treaty and in each calendar year thereafter, to have unless the Parties otherwise agree, the Testing Party does not conduct at least one test having a planned yield exceeding 50 kilotons; (b) , to use the hydrodynamic yield measurement method, in accordance with Section V of this Protocol, with respect to monitor one test from among those having the highest planned yield of each individual explosion in a group explosion that the Testing Party carrying out the explosion notifies, conducts in accordance with paragraph 3 of Section IV of this Protocol, to have a planned aggregate yield exceeding 50 kilotonsthat calendar year; (c) to useif, in conjunction with any calendar year, the use of the hydrodynamic yield measurement method, Testing Party postpones a local seismic network, in accordance with Section VI of this Protocol, for each group explosion that the Party carrying out the explosion notifies, in accordance with paragraph 3 of Section IV of this Protocol, to have a planned aggregate yield exceeding 150 kilotons; and (d) to carry out on-site inspection, in accordance with Section VII of this Protocol, with respect to any explosion that the Party carrying out the explosion notifies, in accordance with paragraph 3 of Section IV of this Protocol, to have a planned yield exceeding 35 kilotons and, with respect to any explosion test having a planned yield exceeding of 50 kilotonskilotons or less to the following calendar year, only if after having been notified by the Verifying Party has decided not of its intent to use the hydrodynamic yield measurement method. 2method with respect to that test, to use such method with respect to that test in the following calendar year. The Party carrying out the explosion shall bear full responsibility for, and have exclusive control over, the conduct of the explosion. 3. Designated Personnel This right shall be responsible for additional to the working rights specified in paragraph 1(a) of their equipment, its timely installation this Section and operation, for participating in such operations, including dry runs, as the Party carrying out the explosion may request, and for recording data at the time of the explosion. The Party carrying out the explosion shall be under no obligation to change the time of the explosion because of any malfunction of the equipment of the Verifying Party or inability of Designated Personnel to carry out their functions, unless actions of the Party carrying out the explosion have caused such a situation to arise.subparagraphs (a) and

Appears in 1 contract

Sources: Treaty