---
kind: "section"
citation: "22 U.S.C. § 8122"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "8122"
heading: "Procedures for complementary access"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/8122"
units:
  - "Chapter 88 — Nuclear Non-Proliferation Treaty—united States Additional Protocol Implementation"
  - "Subchapter II — Complementary Access"
---

# §8122. Procedures for complementary access

- (a) **In general—** Each instance of [complementary access](/usc/22/8102.md?p=3) to a [location](/usc/22/8102.md?p=8) in the [United States](/usc/22/8102.md?p=13) under the [Additional Protocol](/usc/22/8102.md?p=1) shall be conducted in accordance with this subchapter.
- (b) **Notice—**
  - (1) **In general—** [Complementary access](/usc/22/8102.md?p=3) referred to in [subsection (a)](#a) may occur only upon the issuance of an actual written notice by the [United States](/usc/22/8102.md?p=13) Government to the owner, operator, occupant, or agent in charge of the [location](/usc/22/8102.md?p=8) to be subject to [complementary access](/usc/22/8102.md?p=3).
  - (2) **Time of notification—** The notice under [paragraph (1)](#b-1) shall be submitted to such owner, operator, occupant, or agent as soon as possible after the [United States](/usc/22/8102.md?p=13) Government has received notification that the [IAEA](/usc/22/8102.md?p=6) seeks [complementary access](/usc/22/8102.md?p=3). Notices may be posted prominently at the [location](/usc/22/8102.md?p=8) if the [United States](/usc/22/8102.md?p=13) Government is unable to provide actual written notice to such owner, operator, occupant, or agent.
  - (3) **Content of notice—**
    - (A) **1 In general—** The notice required by [paragraph (1)](#b-1) shall specify—
      - (i) the purpose for the [complementary access](/usc/22/8102.md?p=3);
      - (ii) the basis for the selection of the [facility](/usc/22/8102.md?p=5), [site](/usc/22/8102.md?p=12), or other [location](/usc/22/8102.md?p=8) for the [complementary access](/usc/22/8102.md?p=3) sought;
      - (iii) the activities that will be carried out during the [complementary access](/usc/22/8102.md?p=3);
      - (iv) the time and date that the [complementary access](/usc/22/8102.md?p=3) is expected to begin, and the anticipated period covered by the [complementary access](/usc/22/8102.md?p=3); and
      - (v) the names and titles of the inspectors.
  - (4) **Separate notices required—** A separate notice shall be provided each time that [complementary access](/usc/22/8102.md?p=3) is sought by the [IAEA](/usc/22/8102.md?p=6).
- (c) **Credentials—** The [complementary access](/usc/22/8102.md?p=3) team of the [IAEA](/usc/22/8102.md?p=6) and representatives or designees of the [United States](/usc/22/8102.md?p=13) Government shall display appropriate identifying credentials to the owner, operator, occupant, or agent in charge of the [location](/usc/22/8102.md?p=8) before gaining entry in connection with [complementary access](/usc/22/8102.md?p=3).
- (d) **Scope—**
  - (1) **In general—** Except as provided in a warrant issued under [section 8123 of this title](/usc/22/8123.md), and subject to the rights of the [United States](/usc/22/8102.md?p=13) Government under the [Additional Protocol](/usc/22/8102.md?p=1) to limit [complementary access](/usc/22/8102.md?p=3), [complementary access](/usc/22/8102.md?p=3) to a [location](/usc/22/8102.md?p=8) pursuant to this chapter may extend to all activities specifically permitted for such [locations](/usc/22/8102.md?p=8) under Article 6 of the [Additional Protocol](/usc/22/8102.md?p=1).
  - (2) **Exception—** Unless required by the [Additional Protocol](/usc/22/8102.md?p=1), no inspection under this chapter shall extend to—
    - (A) financial data (other than production data);
    - (B) sales and marketing data (other than shipment data);
    - (C) pricing data;
    - (D) personnel data;
    - (E) patent data;
    - (F) data maintained for compliance with environmental or occupational health and safety regulations; or
    - (G) research data.
- (e) **Environment, health, safety, and security—** In carrying out their activities, members of the [IAEA](/usc/22/8102.md?p=6) [complementary access](/usc/22/8102.md?p=3) team and representatives or designees of the [United States](/usc/22/8102.md?p=13) Government shall observe applicable environmental, health, safety, and security regulations established at the [location](/usc/22/8102.md?p=8) subject to [complementary access](/usc/22/8102.md?p=3), including those for protection of controlled environments within a [facility](/usc/22/8102.md?p=5) and for personal safety.

## Footnotes

[^1]: So in original. No subpar. (B) has been enacted.

## Source credit

(Pub. L. 109–401, title II, § 222, Dec. 18, 2006, 120 Stat. 2744.)