---
kind: "section"
citation: "22 U.S.C. § 8123"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "8123"
heading: "Consents, warrants, and complementary access"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/8123"
units:
  - "Chapter 88 — Nuclear Non-Proliferation Treaty—united States Additional Protocol Implementation"
  - "Subchapter II — Complementary Access"
---

# §8123. Consents, warrants, and complementary access

- (a) **In general—**
  - (1) **Procedure—**
    - (A) **Consent—** Except as provided in [paragraph (2)](#a-2), an appropriate official of the [United States](/usc/22/8102.md?p=13) Government shall seek or have the consent of the owner, operator, occupant, or agent in charge of a [location](/usc/22/8102.md?p=8) prior to entering that [location](/usc/22/8102.md?p=8) in connection with [complementary access](/usc/22/8102.md?p=3) pursuant to sections [8121](/usc/22/8121.md) and [8122](/usc/22/8122.md) of this title. The owner, operator, occupant, or agent in charge of the [location](/usc/22/8102.md?p=8) may withhold consent for any reason or no reason.
    - (B) **Administrative search warrant—** In the absence of consent, the [United States](/usc/22/8102.md?p=13) Government may seek an administrative search warrant from a [judge of the United States](/usc/22/8102.md?p=7) under [subsection (b)](#b). Proceedings regarding the issuance of an administrative search warrant shall be conducted ex parte, unless otherwise requested by the [United States](/usc/22/8102.md?p=13) Government.
  - (2) **Expedited access—** For purposes of obtaining access to a [location](/usc/22/8102.md?p=8) pursuant to Article 4b.(ii) of the [Additional Protocol](/usc/22/8102.md?p=1) in order to satisfy [United States](/usc/22/8102.md?p=13) obligations under the [Additional Protocol](/usc/22/8102.md?p=1) when notice of two hours or less is required, the [United States](/usc/22/8102.md?p=13) Government may gain entry to such [location](/usc/22/8102.md?p=8) in connection with [complementary access](/usc/22/8102.md?p=3), to the extent such access is consistent with the Fourth Amendment to the [United States](/usc/22/8102.md?p=13) Constitution, without obtaining either a warrant or consent.
- (b) **Administrative search warrants for complementary access—**
  - (1) **Obtaining administrative search warrants—** For [complementary access](/usc/22/8102.md?p=3) conducted in the [United States](/usc/22/8102.md?p=13) pursuant to the [Additional Protocol](/usc/22/8102.md?p=1), and for which the acquisition of a warrant is required, the [United States](/usc/22/8102.md?p=13) Government shall first obtain an administrative search warrant from a [judge of the United States](/usc/22/8102.md?p=7). The [United States](/usc/22/8102.md?p=13) Government shall provide to such judge all appropriate information regarding 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) to which [complementary access](/usc/22/8102.md?p=3) is sought.
  - (2) **Content of affidavits for administrative search warrants—** A [judge of the United States](/usc/22/8102.md?p=7) shall promptly issue an administrative search warrant authorizing the requested [complementary access](/usc/22/8102.md?p=3) upon an affidavit submitted by the [United States](/usc/22/8102.md?p=13) Government—
    - (A) stating that the [Additional Protocol](/usc/22/8102.md?p=1) is in force;
    - (B) stating that the designated [facility](/usc/22/8102.md?p=5), [site](/usc/22/8102.md?p=12), or other [location](/usc/22/8102.md?p=8) is subject to [complementary access](/usc/22/8102.md?p=3) under the [Additional Protocol](/usc/22/8102.md?p=1);
    - (C) stating that the purpose of the [complementary access](/usc/22/8102.md?p=3) is consistent with Article 4 of the [Additional Protocol](/usc/22/8102.md?p=1);
    - (D) stating that the requested [complementary access](/usc/22/8102.md?p=3) is in accordance with Article 4 of the [Additional Protocol](/usc/22/8102.md?p=1);
    - (E) containing assurances that the scope of the [IAEA](/usc/22/8102.md?p=6)’s [complementary access](/usc/22/8102.md?p=3), as well as what it may collect, shall be limited to the access provided for in Article 6 of the [Additional Protocol](/usc/22/8102.md?p=1);
    - (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](/usc/22/8102.md?p=3) period, as well as the expected times of day during which such [complementary access](/usc/22/8102.md?p=3) will take place; and
    - (H) stating that the [location](/usc/22/8102.md?p=8) to which entry in connection with [complementary access](/usc/22/8102.md?p=3) 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](/usc/22/8102.md?p=8) pursuant to regulations promulgated under this chapter is incorrect or incomplete, and that the [location](/usc/22/8102.md?p=8) 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—** A warrant issued under [paragraph (2)](#b-2) shall specify the same matters required of an affidavit under that paragraph. In addition, each warrant shall contain the identities of the representatives of the [IAEA](/usc/22/8102.md?p=6) on the [complementary access](/usc/22/8102.md?p=3) team and the identities of the representatives or designees of the [United States](/usc/22/8102.md?p=13) Government required to display identifying credentials under [section 8122(c) of this title](/usc/22/8122.md?p=c).

## Source credit

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