What protections are there against misuse of challenge inspections?
The CWC contains several provisions against using challenge inspections as a pretext for snooping for national security or commercial secrets. If the Executive Council deems a request for a challenge inspection frivolous, abusive, or beyond the scope of the CWC, a three-quarters vote of its members within 12 hours can halt the challenge inspection. Otherwise, the challenge inspection will proceed as requested. If the Executive Council finds that a completed challenge inspection was abusive, it can require the requesting state to pay all or part of the costs of the inspection. States are obligated to request a challenge inspection only when it concerns a matter directly related to compliance with the CWC. Subject to the approval of the host state, the nation requesting the challenge inspection may send an observer-not an inspector-with the inspection team.
