22 USC 8123 - Consents, warrants, and complementary access

U.S Code last checked for updates: May 03, 2024

§ 8123.

Consents, warrants, and complementary access

(a)

In general

(1)

Procedure

(A)

Consent

(B)

Administrative search warrant

(2)

Expedited access

(b)

Administrative search warrants for complementary access

(1)

Obtaining administrative search warrants

(2)

Content of affidavits for administrative search warrants

A judge of the United States shall promptly issue an administrative search warrant authorizing the requested complementary access upon an affidavit submitted by the United States Government—

(A)

stating that the Additional Protocol is in force;

(B)

stating that the designated facility, site, or other location is subject to complementary access under the Additional Protocol;

(C)

stating that the purpose of the complementary access is consistent with Article 4 of the Additional Protocol;

(D)

stating that the requested complementary access is in accordance with Article 4 of the Additional Protocol;

(E)

containing assurances that the scope of the IAEA’s complementary access, as well as what it may collect, shall be limited to the access provided for in Article 6 of the Additional Protocol;

(F)

listing the items, documents, and areas to be searched and seized;

(G)

stating the earliest commencement and the anticipated duration of the complementary access period, as well as the expected times of day during which such complementary access will take place; and

(H)

stating that the location to which entry in connection with complementary access is sought was selected either—

(i)

because there is probable cause, on the basis of specific evidence, to believe that information required to be reported regarding a location pursuant to regulations promulgated under this chapter is incorrect or incomplete, and that the location to be accessed contains evidence regarding that violation; or

(ii)

pursuant to a reasonable general administrative plan based upon specific neutral criteria.

(3)

Content of warrants

(Pub. L. 109–401, title II, § 223, Dec. 18, 2006, 120 Stat. 2745.)

cite as: 22 USC 8123