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Appendix 5 continues .......
IV. Procedure
(a) Inspections conducted at the request of the Parties
(i) A complaint regarding a violation of the instruments of the settlement
lodged by any of the Parties should be submitted in writing, in the English
language, to the respective headquarters units and should indicate all relevant
information and details.
(ii) Upon receipt of a complaint the Deputy to the Representative of the
Secretary-General will immediately inform the other Party of the complaint and undertake an investigation by making on-site inspections, gathering
testimony and using any other procedure which he may deem necessary for
the investigation of the alleged violation. Such inspection will be conducted
using headquarters staff as referred to above, unless the Deputy
Representative of the Secretary-General considers that additional teams are
needed. In that case, the Parties will, under the principle of freedom of
movement, allow immediate access of the additional personnel to their
respective territories.
(iii) Reports on investigations will be prepared in English and submitted
by the Deputy Representative of the Secretary-General to the two
Governments, on a confidential basis. (A third copy of the Report will be
simultaneously transmitted, on a confidential basis, to United Nations
Headquarters in New York, exclusively for the information of the Secretary General and his Representative.) In accordance with paragraph 7 a report on
an investigation should be considered in a meeting of the Parties not later
than 48 hours after it has been submitted.
The Deputy Representative of the
Secretary-General will, in the absence of the Representative, lend his good
offices to the Parties and in that context he will assist in the organization of
the meetings and participate in them. In the context of those meetings the
Deputy Representative of the Secretary-General may submit to the Parties for their consideration and approval suggestions and recommendations for the prompt, faithfully and complete observance of the provisions of the instruments. (Such suggestions and recommendations will be, as a matter of course, consulted with, and cleared by, the Representative of the Secretary General.)
To be continued....