Page:United States Statutes at Large Volume 112 Part 4.djvu/904

 112 STAT. 2681-875 PUBLIC LAW 105-277—OCT. 21, 1998 completed with reasonable promptness and shall be conducted at reasonable times, within reasonable limits, and in a reasonable manner. (e) SCOPE. — (1) IN GENERAL.— Except as provided in a warrant issued under section 305 or a facility agreement entered into under section 302, an inspection conducted under this title may extend to all things within the premises inspected (including records, files, papers, processes, controls, structures and vehicles) related to whether the requirements of the Convention applicable to such premises have been complied with. (2) EXCEPTION.— Unless required by the Convention, no inspection under this title shall extend to— (A) financial data; (B) sales and marketing data (other than shipment data); (C) pricing data; (D) personnel data; (E) research data; (F) patent data; (G) data maintained for compliance with environmental or occupational health and safety regulations; or (H) personnel and vehicles entering and personnel and personal passenger vehicles exiting the facility. (f) SAMPLING AND SAFETY.— (1) IN GENERAL.—The Director of the United States National Authority is authorized to require the provision of samples to a member of the inspection team of the Technical Secretariat in accordance with the provisions of the Convention. The owner or the operator, occupant or agent in charge of the premises to be inspected shall determine whether the sample shall be taken by representatives of the premises or the inspection team or other individuals present. No sample collected in the United States pursuant to an inspection permitted by this Act may be transferred for analysis to any laboratory outside the territory of the United States. (2) COMPLIANCE WITH REGULATIONS.—In carrying out their activities, members of the inspection team of the Technical Secretariat and representatives of agencies or departments accompanying the inspection team shall observe safety regulations established at the premises to be inspected, including those for protection of controlled environments within a facility and for personal safety. (g) COORDINATION.—The appropriate representatives of the United States, as designated, if present, shall assist the owner and the operator, occupant or agent in charge of the premises to be inspected in interacting with the members of the inspection team of the Technical Secretariat. 22 USC 6725. SEC. 305. WARRANTS. (a) IN GENERAL. —The United States Government shall seek the consent of the owner or the operator, occupant, or agent in charge of the premises to be inspected prior to any inspection referred to in section 304(a). If consent is obtained, a warrant is not required for the inspection. The owner or the operator, occupant, or agent in charge of the premises to be inspected may withhold consent for any reason or no reason. After providing

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