Updated: Wednesday July 13, 2016/AlArbia'a
Shawwal 08, 1437/Budhavara
Asadha 22, 1938, at 06:03:06 PM
The Chemical Weapons Convention Implementation
Ordinance, 2000
ORDINANCE No.
LIV of 2000
[11
An Ordinance to give effect in
WHEREAS it is expedient to give effect in Pakistan to the
Convention on the Prohibition of the Development, Production, Stockpiling and
use of Chemical Weapons, and on their destruction signed at Paris on the 13th
January, 1993;
AND WHEREAS the National Assembly and the Senate stand suspended
in pursuance of the Proclamation of Emergency of the fourteenth day of October,
1999, and the Provisional Constitution Order No.1 of 1999;
AND WHEREAS the President is satisfied that circumstances exist
which render it necessary to take immediate action;
NOW, THEREFORE in pursuance of the Proclamation of
Emergency of the fourteenth day of October, 1999, and the Provisional Constitution
Order No 1 of 1999, as well as Order No. 9 of 1999, and in exercise of all
powers enabling him in that behalf, the President of the Islamic Republic of
Pakistan is pleased to make and promulgate the following Ordinance:---
1. Short title, extent and commencement.-(1) This Ordinance may be called the Chemical Weapons
Convention Implementation Ordinance, 2000.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions.—(1) In this Ordinance, unless there is anything
repugnant in the subject or context,---
(a) “assistance
inspection” means an inspection conducted pursuant to Parts II and XI of the
Verification Annex;
(b) “challenge
inspection” means an inspection conducted pursuant to Parts II and X of the
Verification Annex;
(c) “chemical
weapons” means,---
(i) a toxic
chemical and its precursor, except where intended for permitted purposes, as
long as types and quantities are consistent with such purposes;
(ii) a
munition or device, specifically designed to cause death or other harm through
the toxic properties of a toxic chemical specified in sub-clause (i), which
would be released as a result of the employment of such munition or device; or
(iii) any
equipment specifically designed for use directly in connection with the
employment of a munition or device specified in sub-clause (ii);
(d) “Convention”
means the convention on the Prohibition of the Development, Production,
stockpiling and use of Chemical Weapons and on their Destruction signed at
(e) “National
Authority” means the National Authority designated as such under section 9;
(f) permitted
purposes” means,---
(i)
industrial, agricultural, research, medical, pharmaceutical or other peaceful
purposes;
(ii)
protective purposes, that is such purposes which are directly related to
protection against toxic chemicals and to protection against chemical weapons;
(iii)
military purposes not connected with the use of chemical weapons and not
dependent on the use of the toxic properties of chemicals as a method of
warfare; and
(iv) law
enforcement including domestic riot control purposes;
(g) “precursor”
means any chemical reactant which takes part at any stage in the production by
whatever method of a toxic chemical and includes any key component of a binary
or multi-component chemical system;
(h) “prescribed”
means prescribed by rules made under this Ordinance;
(i) “riot
control agent” means any chemical which is not a scheduled chemical, which can
produce rapidly in humans sensory irritation or disabling physical effects
which disappear within a short time following termination of exposure;
(j) “routine
inspection” means an inspection conducted pursuant to Parts II to IX of the
Verification Annex;
(k) “scheduled
chemical” means a chemical listed in Schedules I or, as the case may be,
Schedule II or Schedule III to this Ordinance;
(l) “toxic
chemical” means any chemical which through its chemical action on life
processes can cause death, temporary incapacitation or permanent harm to humans
or animals and includes all such chemicals, regardless of their origin or of
their method of production, and regardless of whether they are produced in
facilities, in munitions or elsewhere; and
(m) “Verification
Annex” means the Verification Annex to the Convention and portions of which are
reproduced in Schedule IV to this Ordinance.
3. Prohibition on development etc; of chemical weapons.—(1) No
person shall,---
(a) develop,
produce, otherwise acquire, stockpile or retain a chemical weapon, or transfer,
directly or indirectly, a chemical weapon to anyone;
(b) use a
chemical weapon;
(c) engage
in any military preparations to use a chemical weapon;
(d) assist,
encourage or induce, in any way, any other person to engage in any activity
prohibited to a State Party under the Convention; or
(e) use a
riot control agent as a method of warfare.
(2) For the purposes of sub-section (1)
an object shall not be a chemical weapon if the person uses the object only for
permitted purposes and in deciding whether permitted purposes are intended the
types and quantities of objects shall be taken into account.
(3) Whoever contravenes the provisions
of this section shall be guilty of an offence punishable with imprisonment for
a term which may extend to twenty-five years.
4. Premises or equipment for
producing chemical weapons.—(1) No
person shall,---
(a)
construct any premises intended to be used for production of chemical weapons;
(b) alter
any premises with intention to use the same for production of chemical weapons;
(c) install
or construct any equipment intended to be used for production of chemical
weapons; and
(d) alter
any equipment with intention to use the same for production of chemical
weapons.
(2) For the purposes of sub-section (1)
an object shall not be a chemical weapon if the object is used for permitted
purposes and in deciding whether permitted purposes are intended the types and
quantities of objects shall be taken into account.
(3) Whoever contravenes the provisions
or this section shall be guilty of an offence punishable with imprisonment for
a term which may extend to twenty-five years.
5. Prohibition on production, etc.,
of toxic chemicals and precursors.—(1)
No person shall produce, use, acquire, possess, transfer, import or export,---
(a) any
scheduled chemical;
(b) any
discrete organic chemical not being a scheduled chemical; or
(c) any
chemical containing the elements phosphorous, sulfur or fluorine.
except
for permitted purposes under this Ordinance.
(2) Whoever contravenes the provisions
or this section shall be guilty of an offence punishable with fine which may
extend to ten thousand rupees.
6. Transfer of any scheduled
chemical for permitted purposes.—(1)
No person shall transfer to a State Party or as the case may be to a state not
party to the Convention any scheduled chemical listed in,---
(a) Schedule
I except its accordance with the relevant provisions of Part VI of the
Verification Annex;
(b) Schedule
II except in accordance with the relevant provisions of part VII of the
Verification Annex; and
(c) Schedule
III except in accordance with the relevant provisions of Part VIII of the
Verification Annex.
(2) Whoever contravenes the provisions
of this section shall be guilty of an offence punishable with fine which may
extend to ten thousand rupees.
7. Production, etc., for permitted
purposes.—(1) The production, use,
acquisition, export or import of a chemical listed in,---
(a) Schedule
I shall be subject to the prohibition, acquisition, retention and use as
specified in Part VI of the Verification Annex and such chemicals and
facilities specified in Part VI of the Verification Annex shall be subject to
systematic verification through on-site inspection and monitoring with on-site
instruments in accordance with that part of the Verification Annex;
(b) Schedule
II and facilities specified in Part VII of the Verification Annex shall be
subject to data monitoring and on-site verification in accordance with that
part of the Verification Annex; and
(c) Schedule
III and facilities specified its Part VIII of the Verification Annex shall be
subject to data monitoring and on-site verification in accordance with that
part of the Verification Annex.
(2) The production, use, acquisition,
export or import of any discrete organic chemical not being a scheduled
chemical or any chemical containing the elements phosphorous, sulfur or
fluorine and facilities specified in Part IX of the Verification Annex shall be
subject to data monitoring and eventual on-side verification in accordance with
that part of the Verification Annex unless decided otherwise by the Conference
of the States Parties pursuant to paragraph 22 of Part IX of the Verification
Annex.
8. Verification activities. In conducting verification, activities under the
Convention, the Technical Secretariat provided under the Convention shall avoid
undue intrusion into the State Party's chemical activities for permitted
purposes and, in particular, abide by the provisions of the Annex on the
Protection of Confidential Information to the Convention as set out in Schedule
V to this Ordinance.
9. National Authority. The Secretary, Ministry of Foreign Affairs, Government
of Pakistan, shall be the National Authority for the purposes of this
Ordinance.
10. Functions of the Authority. In particular and without prejudice to the generality
of functions under this Ordinance, the functions of the Authority shall be to,---
(a) ensure
effective operation of this Ordinance;
(b) carry
out, on behalf of
(c)
facilitate inspections of premises in
(d) do
anything incidental or conducive to the performance of the aforesaid functions.
11. Delegation of powers. The National Authority may, for the
purpose of efficient discharge of its functions and duties, delegate to an
officer of the Federal Government, subject to such conditions and limitations
as may be specified, such of its functions and duties under this Ordinance as
it may deem necessary.
12. Inspections under the Convention.—(1) If it is proposed to
conduct a routine inspection, a challenge inspection or an assistance
inspection in
(2) In issuing any authorisation, the
National Authority shall ensure that the Convention is not abused to the
detriment of the security and economic interests of
13. Particulars of authorisation. An authorisation under section 12 shall,---
(a) state
the names of the members of the inspection team by whom the inspection is to be
carried out;
(b) contain
the name of the person in charge of the in-country escorts;
(c) in the
case of a challenge inspection, also state the name of any observer who may
accompany the team;
(d) contain
a description of the specified area in which the inspection is to be conducted;
and
(e) specify
the type of inspection concerned.
14. Effect of authorisation.—(1) An authorisation under section 12 shall have the
effect of authorising the inspection team,---
(a) to
exercise within the specified area such rights of access, entry and
unobstructed inspection as are conferred on them by the Verification Annex;
(b) to do
such other things within the specified area in connection with the inspection
as they are entitled to do by virtue of the Verification Annex including things
concerning the maintenance, replacement or adjustment of any instrument or
other object relating to open equipment on site;
(c)
authorising an in-country escort to accompany the inspection team in accordance
with the provisions of the Verification Annex; and
(d)
authorising the police to give such assistance as the in-country escort may
request for the purpose of facilitating the conduct of the inspection in
accordance with the Verification Annex.
(2) An authorisation under section 12,
in the case of a challenge inspection shall, in addition, have the effect of
authorising the observer to exercise within the specified area such rights of
access and entry as are conferred on him by the Verification Annex.
(3) Any police officer giving
assistance in accordance with clause (d) of sub-section (1) may use such
reasonable force as he considers necessary for the purpose of facilitating
inspection.
15. Right of occupier, etc. The occupier of any premises, or a person acting on
his behalf,---
(a) in
relation to which it is proposed to exercise a right of entry on the basis of
an authorisation under section 12; or
(b) on which
an inspection is being carried out on the basis of such an authorisation shall
be entitled to require a copy of the authorization to be shown to him by a
member of the in-country escort.
16. Bar to jurisdiction. The validity of an authorisation issued under section
12 in respect of an inspection shall not be called in question in any court.
17. Proof regarding status of a
member of inspection team. If a
question arises whether a person at any time was or was not, in relation to any
routine, challenge or assistance inspection, a member of the inspection team or
a member of the in-country escort or an observer, a certificate issued by, or
on behalf of, the National Authority stating any fact relating to that question
shall be conclusive evidence of that fact.
18. Power to amend authorisation
and its effect.-(1) The National
Authority may amend an authorisation issued by it under section 12, verying the
specified area mentioned therein, as it may consider necessary from time to
time.
(2) In case the National Authority has
amended an authorisation under sub-section (1),---
(a) the
provisions of section 14 shall be applicable to such amendment as if the
specified area were the area as varied; and
(b) the
provisions of section 16 shall be applicable to such amendment as it shall
apply to the authorisation.
19. Offences in respect of an inspection.-(1) In case an authorisation has been issued under
section 12 in respect of an inspection, a person shall be guilty of an offence
if he-
(a) refuses
without reasonable excuse to comply with a request made by a police officer or
a member of the in-country escort for the purpose of facilitating the conduct
of that inspection in accordance with the Verification Annex;
(b)
interferes without reasonable excuse with any container, instrument or other
object installed in the course of that inspection in accordance with the
Verification Annex; or
(c) wilfully
obstructs a member of the inspection team or of the in-country escort, or the
observer, in the conduct of that inspection in accordance with the Verification
Annex.
(2) The provisions of clause (b) of
sub-section (1) shall apply to any interference which may occur at any time
while the container, instrument or other object is retained in accordance with
the Verification Annex.
(3) A person on conviction of an offence
under this section shall be punishable with imprisonment for a term which may
extend to two years, or with fine, or with both.
20. Privileges and immunities of
members of inspection team and observers.-(1) The members of an inspection team and observers shall enjoy the
same privileges and immunities as are enjoyed by diplomatic agents in
accordance with the following provisions of the Vienna Convention on Diplomatic
Relations of 1961, namely:---
(a) Article
29;
(b)
Paragraphs 1 and 2 of Article 30;
(c)
Paragraphs 1, 2 and 3 of Article 31; and
(d) Article
34.
(2) The members of an inspection team
and observers shall, enjoy the same privileges as are enjoyed by diplomatic
agents in accordance with paragraph 1 (b) of Article 36 of the Vienna
Convention on Diplomatic Relations of 1961, except in relation to such articles
the importing or exporting of which is prohibited by law or controlled by. the
enactments relating to quarantine.
(3) Samples and approved equipment
carried by members of an inspection team shall be inviolable and exempt from
payment of customs-duties.
(4) The privileges and immunities
accorded to the members of an inspection team and observers by virtue of this
section shall be enjoyed by them at any time when they are in Pakistan,---
(a) in connection
with the carrying out a routine inspection, a challenge inspection or an
assistance inspection; or
(b) while in
transit to or from the territory of another State Party to the Convention in
connection with the carrying out of such inspection.
(5)
If,---
(a) immunity
from jurisdiction of a member of an inspection team is waived in accordance
with the Verification Annex; and
(b) a notice
made by the National Authority and informing the member of the waiver is
delivered to him in person.
then,
from the time the notice is so delivered, this section shall not have effect to
confer that immunity on the member.
Explanation.—In this
section “approved equipment” and “samples” shall be construed in accordance
with the Verification Annex.
21. Disclosure of information.—(1) Any person who produces, possesses, consumes,
transfers, exports or imports any scheduled chemical or who produces a discrete
organic chemical not being a scheduled chemical or a chemical containing the
elements phosphorus, sulfur or fluorine or who holds a riot control agent for
riot control purposes shall,---
(a) provide
the prescribed information, at the prescribed time and in the prescribed form,
to the National Authority; and
(b) keep and
maintain the prescribed documents in Pakistan, at his place of business or at
such other place as may be specified by the National Authority, in the
prescribed manner and for the prescribed period; and
(c) on
request, provide the documents to the National Authority.
(2) Whoever contravenes the provisions
of this section shall be guilty of an offence punishable with imprisonment for
a term which may extend to two years or with fine or with both.
22. Privileged information and
documents.—(1) Any information or
document obtained pursuant to this Ordinance or the Convention shall be
privileged.
(2) Information and documents shall not
be privileged to the extent that these are required to be disclosed or
communicated for the purposes of an emergency involving public safety.
(3) No person in possession of
privileged information or document shall knowingly, without the written consent
of the person from whom they were obtained communicate them or allow them to be
communicated to any person, or allow any person to have access thereto, except,---
(a) for the
purpose of the enforcement of this Ordinance or of giving effect to the
Convention; or
(b) pursuant
to an obligation of the Federal Government under the Convention.
(4) Notwithstanding anything contained
in any law no person shall be required in connection with any legal
proceedings, to produce any statement or other record containing any privileged
information or document, or to give evidence relating to them, unless the
proceedings relate to the enforcement of this Ordinance.
(5) Whoever contravenes the provisions
of sub-section (3) shall be guilty of an offence punishable with imprisonment
for a term which may extend to six months or with fine which may extend to ten
thousand rupees or with both.
23. Registration.—(1) The National Authority may directly or
through notice require an individual or organisation involved in production,
processing, consumption, transfer, import or export of any scheduled chemical
or any discrete organic chemical not being a schedule chemical, or a chemical
containing elements of phosphorus, sulfur, or fluorine, to register themselves
with the National Authority or any other office as may be prescribed within a
specified time period.
(2) Whoever contravenes the provisions
of this section shall be guilty of an offence punishable with imprisonment for
a term which may extent to two years or with fine or with both.
24. Power to enter a premises and
search, remove or immobilize objects.—(1)
remove or immobilise objects. If the National Authority has reasonable cause to
believe that,---
(a) an
object is on a premises to which the public has access or which are occupied by
a person who consents to action being taken under this sub-section; and
(b) the
object is a chemical weapon,
the
National Authority may authorise any person to enter the premises and to search
them.
(2) If a magistrate is satisfied on
information on oath that there is reasonable cause to believe that an object is
on premises and that it is a chemical weapon he may issue a warrant in writing
authorising a person acting under the authority of the National Authority to
enter the premises, if necessary, by force at any time within one month from
the time of the issue of the warrant and to search them.
(3) A person who acts under an
authorisation given under sub-section (1) or sub-section (2) may take with him
such other persons and such equipment as appear to him to be necessary.
(4) If a person enters premises under
an authorisation given under sub-section (1) or sub-section (2), and the object
is found then he may make the object safe and,---
(a) he may
seize and remove it, if it is reasonably practicable to do so; or
(b) he may,
in any other case, affix a warning on the object or on something in conspicuous
position near the object, stating that the object is not to be moved or
interfered with before a date specified in the warning.
25. Extension to external
territories. The Provisions of this
Ordinance shall also apply to any offence committed by,---
(a) any
citizen of
(b) any
person on any ship or aircraft registered in
26. Power to make rules. The National Authority may, with approval of the
Federal Government, make rules for carrying out the purposes of this Ordinance.
SCHEDULE I
[See section 2(k)]
(Scheduled Chemicals)
A. Toxic Chemicals: (CAS registry
number)
(1) O-Alkyl (~≤C I O,incl.
cycloalkyl) alkyl
(
e.g. Sarin: O-Isopropyl
methylphosphonofluoridate (107-44-8) Soman: O-Pinacolyl
methylphosphonofluoridate (96-64-0)
(2) O-Alkyl (~≤CIO., incl.
cycloalkyl) N.,N-dialkyl
(
(3) O-Alkyl (H or ~≤CIO., incl.
cycloalkyl) S-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonothiolates
and
corresponding alkylated or protonated salts
e.g. VX: O-Ethyl S-2-diisopropylaminoethyl
methyl phosphonothiolate (50782-69-9)
(4) Sulfur mustards:
2-Chloroethylchloromethylsulfide (2625-76-5)
Mustard gas: Bis(2-chloroethyl sulfide (505-60-2)
Bis (2-chloroethylthio) methane (63869-13-6)
Sesquimustard: 1,2-Bis(2-chloroethylthio) ethane (3563-36-8)
1,3-Bis(2-chloroethylthio)-n-propane (63905-10-2)
1,4-Bis(2-chloroethylthio)-n-butane (142868-93-7)
1,5-Bis(2-chloroethylthio)-n-pentane (142888-94-8)
Bis(2-chloroethylthiomethyl)ether (63918-90-1 )
O-Mustard: Bis(2-chloroethylthioethly)
ether (63918-89-8)
(5) Lewisites:
Lewisite I: 2-Chlorovinyldichloroarsine
(541-25-3)
Lewisite 2: Bis(2-chlorovinyl)
chloroarsine (40334-69-8)
Lewisite 3: Tris(2-chlorovinyl) arsine
(40334-70-1)
(6) Nitrogen mustards:
HNI: Bis(2-chloroethyl) ethylamine
(538-07-8)
HN2: Bis(2-chloroethyl)methylamine
(51-75-2)
HN3: Tris(2-chloroethy)amine (555-77-1)
(7) Saxitoxin (35523-89-8)
(8) Ricin (9009-86-3)
B. Precursors:
(9) Alkyl (Me, Et, n-Pr or i-Pr)
phosphonyldiflourides
e.g. DF: Methylphosphonyldifluoride
(676-99-3)
(10) O-Alkyl (H or ≤C10, incl.
cycloalkyl) O-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, E,t, n-Pr or i-Pr) phosphonites
and
corresponding alkylated or protonated
salts
e.g. QL: O-Ethyl
O-2-disopropylaminoethyl
methyIphosphonite (57856-11 -8)
(11) Chlorosarin: O-Isopropyl
methylphosphonochloridate (1445-76-7)
(12) Chlorosoman: O-Pinacolyl
methylphosphonochloridate (7040-57-5)
SCHEDULE II
[See section 2(k)]
(Scheduled Chemicals)
A. Toxic chemicals: (CAS registry number)
(1) Amiton: O.,O-Diethyl
S-[2-(diethylamino) ethyl] (78-53-5)
phosphorothiolate
and corresponding alkylated or
protonated salts
(2) PFIB:
l,l,3,3,3-Pentafluoro-2-(trifluoromethyl)-l-propene (382-21-8)
(3) BZ: 3-QuinucIidinyl benzilate (*)
(6581-06-2)
B. Precursors:
(1) Chemicals, except for those listed
in Schedule 1,
containing a phosphorus atom to which
is bonded
one methyl, ethyl or propyl (normal or
iso) group
but not further carbon atoms,
e.g. Methylphosphonyl dichloride
(676-97-1)
Dimethyl methylphosphonate (756-79-6)
Exemption: Fonofos: O-Ethyl S-phenyl
Ethylphosphonothiolothionate (944-22-9)
(5) N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
phosphoramidic dihalides
(6) Dialkyl (Me, Et, n-Pr or i-Pr)
N,N-dialkyl
(Me, Et, n-Pr or i-Pr)-phosphoramidates
(7) Arsenic trichloride (7784-34-1)
Schedule III
(8) 2,2-Diphenyl-2-hydroxyacetic acid
(76-93-7)
(9) Quinuclidin-3-ol (1619-34-7)
(10) N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
aminoethyl-2-chlorides
and corresponding protonated salts
(11) N.,N-Dialkyl (Me, Et, n-Pr or
i-Pr) aminoethane-2-ols
and corresponding protonated salts
Exemptions: N,N-Dimethylaminoethanol (108-01-0)
and corresponding protonated salts
N,N-Diethylaminoethanol (100-37-8)
and corresponding protonated salts
(12) N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
aminoethane-2-thiols
and corresponding protonated salts
(13) Thiodiglycol: Bis(2-hydroxyethyl)
sulfide (111-48-8)
(14) Pinacolyl alcohol:
3,3-Dimethylbutan-2-ol (464-07-3)
SCHEDULE III
[See section 2(k)]
(Scheduled Chemicals)
A: Toxic chemicals: (CAS registry number)
(1) Phosgene: Carbonyl dichloride
(75-44-5)
(2) Cyanogen chloride (506-77-4)
(3) Hydrogen cyanide (74-90-8)
(4) Chloropicrin: Trichloronitromethane
(76-06-2)
B. Precursors:
(5) Phosphorus oxychloride (10025-87-3)
(6) Phosphorus trichloride (7719-12-2)
(7) Phosphorus pentachloride (10026-13-8)
(8) TXimethyI phosphite (121-45-9)
(9) Triethyl phosphite (122-52-1)
(10) Dimethyl phosphite (868-85-9)
(11) Diethyl phosphite (762-04-9)
(12) Sulfur monochloride (10025-67-9)
(13) Sulfur dichloride (10545-99-0)
(14) Thionyl chloride (7719-09-7)
(15) Ethyldiethanolamine (139-87-7)
(16) Methyldiethanolamine (105-59-9)
(17) Triethanolamine (102-71-6)
Schedule IV [See section 2(m)]
(Portions of the Verification Annex)
REGIME FOR SCHEDULE 1 CHEMICALS AND FACILITIES RELATED
TO SUCH CHEMICALS
A. General Provisions
1. A State Party shall not
produce, acquire, retain or use Schedule 1 chemicals outside the territories of
States Parties and shall not transfer such chemicals outside its territory
except to another State Party.
2. A State Party shall not produce,
acquire, retain, transfer or use Schedule 1 chemicals unless:
(a) The
chemicals are applied to research, medical, pharmaceutical or protective
purposes;
(b) The
types and quantities of chemicals are strictly limited to those which can be
justified for such purposes;
(c) The
aggregate amount of such chemicals at any given time for such purposes is equal
to or less than 1 tonne; and
(d) The
aggregate amount for such purposes acquired by a State Party in any year
through production, withdrawal from chemical weapons stocks and transfer is
equal to or less than 1 tonne.
B. Transfers
3. A State Party may transfer Schedule
1 chemicals outside its territory only to another State Party and only for
research, medical, pharmaceutical or protective purposes in accordance with
paragraph 2.
4. Chemicals transferred shall not be
retransferred to a third state.
5. Not less than 30 days before any
transfer to another State Party both States Parties shall notify the Technical
Secretariat of the transfer.
6. Each State Party shall make a
detailed annual declaration regarding transfers during the previous year. The
declaration shall be submitted not later than 90 days after the end of that
year and shall for each Schedule 1 chemical that has been transferred include
the following information:---
(a) The
chemical name, structural formula and Chemical Abstracts Service registry
number, if assigned;
(b) The
quantity acquired from other States or transferred to other States Parties. For
each transfer the quantity, recipient and purpose shall be included.
C. Production:
General principles for production:
7. Each State Party, during production
under paragraphs 8 to 12, shall assign the highest priority to ensuring the
safety of people and to protecting the environment. Each State Party shall
conduct such production in accordance with its national standards for safety
and emissions.
Single small-scale facility:
8. Each State Party that produces
Schedule 1 chemicals for research, medical, pharmaceutical or protective
purposes shall carry out the production at a single small-scale facility
approved by the State Party, except as set forth in paragraphs 10,11 and 12.
9. The production at a single
small-scale facility shall be carried out in reaction vessels in production
lines not configurated for continuous operation. The volume of such a reaction
vessel shall not exceed 100 litres, and the total volume of all reaction
vessels with a volume exceeding 5 litres shall not be more than 500 litres.
Other facilities:
10. Production of Schedule 1 chemicals
in aggregate quantities not exceeding 10 kg per year may be carried out for
protective purposes at one facility outside a single small-scale facility. This
facility shall be approved by the State Party.
11. Production of Schedule 1 chemicals
in quantities of more than 100 g per year may be carried out for research,
medical or pharmaceutical purposes outside a single small-scale facility in
aggregate quantities not exceeding 10 kg per year per facility. These
facilities shall be approved by the State Party.
12. Synthesis of Schedule 1 chemicals
for research, medical or pharmaceutical purposes, but not for protective
purposes, may be carried out at laboratories in aggregate quantities less than
100 g per year per facility. These facilities shall not be subject to any
obligation relating to declaration as specified in Sections D.
D. Declarations
Single small-scale facility:
13. Each State Party that plans to
operate a single small-scale facility shall provide the Technical Secretariat
with the precise location and a detailed technical description of the facility
including an inventory of equipment and detailed diagrams. For existing
facilities, this initial declaration shall be provided not later than 30 days
after this Convention enters into force for the State Party. Initial
declarations on new facilities shall be provided not less than 180 days before
operations are to begin.
14. Each State Party shall give advance
notification to the Technical Secretariat of planned changes related to the
initial declaration. The notification shall be submitted not less than 180 days
before the changes are to take place.
15. A State Party producing Schedule 1
chemicals at a single small-scale facility shall make a detailed annual
declaration regarding the activities of the facility for the previous year. The
declaration shall be submitted not later than 90 days after the end of that
year and shall include:---
(a)
Identification of the facility;
(b) For each
Schedule 1 chemical produced, acquired, consumed or stored at the facility, the
following information:-
(i) The
chemical name, structural formula and Chemical Abstracts Service registry
number, if assigned;
(ii) The
methods employed and quantity produced;
(iii) The
name and quantity of precursors listed in Schedules 1,2 or 3 used for
production of Schedule 1 chemicals;
(iv) The
quantity consumed at the facility and the purpose(s) of the consumption;
(v) The quantity
received from or shipped to other facilities in the State Party for each
shipment the quantity, recipient and purpose should be included;
(vi) The
maximum quantity stored at any time during the year; and
(vii) The
quantity stored at the end of the year; and
(c)
Information on any changes at the facility during the year compared to
previously submitted detailed technical descriptions of the facility including
inventories of equipment and detailed diagrams.
16. Each State Party producing Schedule
1 chemicals at a single small-scale facility shall make a detailed annual
declaration regarding the projected activities and the anticipated production
at the facility for the coming year. The declaration shall be submitted not
less than 90 days before the beginning of that year and shall include.
(a) Identification
of the facility;
(b) For each
Schedule 1 chemical anticipated to be produced, consumed or stored at the
facility, the following information:
(i) The
chemical name, structural formula and Chemical Abstracts Service registry
number, if assigned;
(ii) The
quantity anticipated to be produced and the purpose of the production; and
(c)
Information on any anticipated changes at the facility during the year compared
to previously submitted detailed technical descriptions of the facility
including inventories of equipment and detailed diagrams.
Other facilities referred to in
paragraphs 10 and 11:
17. For each facility, a State Party
shall provide the technical Secretariat with the name, location and a detailed
technical description of the facility or its relevant part(s) as requested by
the Technical secretariat. The facility producing Schedule 1 chemicals for
protective purposes shall be specifically identified. For existing facilities,
this initial declaration shall be provided not later than 30 days after this
Convention enters into force for the State Party. Initial declarations on new
facilities shall be provided not less than 180 days before operations are to
begin.
18. Each State Party shall give advance
notification to the Technical Secretariat of planned changes related to the
initial declaration. The notification shall be submitted not less than 180 days
before the changes are to take place.
19. Each State Party shall, for each
facility, make a detailed annual declaration regarding the activities of the
facility for the previous year. The declaration shall be submitted not later
than 90 days after the end of that year and shall include:
(a)
Identification of the facility;
(b) For each
Schedule 1 chemical the following information:
(i) The
chemical name, structural formula and Chemical Abstracts Service registry
number, if assigned;
(ii) The
quantity produced and, in case of production for protective purposes, methods
employed;
(iii) The
name and quantity of precursors listed in Schedules 1, 2, or 3, used for
production of Schedule 1 chemicals;
(iv) The
quantity consumed at the facility and the purpose of the consumption;
(v) The
quantity transferred to other facilities within the State Party. For each
transfer the quantity, recipient and purpose should be included;
(vi) The
maximum quantity stored at any time during the year; and
(vii) The
quantity stored at the end of the year; and
(c) Information
on any changes at the facility or its relevant parts during the year compared
to previously submitted detailed technical description of the facility.
20. Each State Party shall, for each
facility, make a detailed annual declaration regarding the projected activities
and the anticipated production at the facility for the coming year. The
declaration shall be submitted not less than 90 days before the beginning of
that year and shall include:---
(a)
Identification of the facility;
(b) For each
Schedule 1 chemical the following information:
(i) The
chemical name, structural formula and Chemical Abstracts Service registry
number, if assigned;
(ii) The
quantity anticipated to be produced, the time periods when the production is
anticipated to take place and the purposes of the production; and
(c)
Information on any anticipated changes at the facility or its relevant parts,
during the year compared to previously submitted detailed technical
descriptions of the facility.
REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES RELATED
TO SUCH CHEMICALS
A. Declarations
Declarations of aggregate national
data:
1. The initial and annual declarations
to be provided by each State Party pursuant to article VI, paragraphs 7 and 8,
shall include aggregate national data for the previous calendar year on the
quantities produced, processed, consumed, imported and exported of each
Schedule 2 chemical, as well as a quantitative specification of import and
export for each country involved.
2. Each State Party shall submit:---
(a) Initial
declarations pursuant to paragraph 1 not later than 30 days after this
Convention enters into force for it; and, starting in the following calendar
year,
(b) Annual
declarations not later than 90 days after the end of the previous calendar
year.
Declarations of plant sites
producing, processing or consuming Schedule 2 chemicals---:
3. Initial and annual declarations are
required for all plant sites that comprise one or more plant(s) which produced,
processed or consumed during any of the previous three calendar years or is
anticipated to produce, process or consume in the next calendar year more than:
(a) 1 kg of
a chemical designated “*” in Schedule 2, part A;
(b) 100 kg
of any other chemical listed in Schedule 2, party A; or
(c) 1 tonne
of a chemical listed in Schedule 2, part B.
4. Each State Party shall submit:---
(a) Initial
declarations pursuant to paragraph 3 not later than 30 days after this
Convention enters into force for it; and, starting in the following calendar
year;
(b) Annual
declarations on past activities not later than 90 days after the end of the
previous calendar year; and
(c) Annual
declarations on anticipated activities not later than 60 days before the
beginning of the following calendar year. Any such activity additionally
planned after the annual declaration has been submitted shall be declared not
later than five days before this activity begins.
5. Declarations pursuant to paragraph 3
are generally not required for mixtures containing a low concentration of a
Schedule 2 chemical. They are only required, in accordance with guidelines, in
cases where the case of recovery from the mixture of the Schedule 2 chemical
and its total weight are deemed to pose a risk to the object and purpose of
this Convention. These guidelines shall be considered and approved by the
Conference of the States Parties pursuant to Article VIII, paragraph 21(i).
6. Declarations of a plant site
pursuant to paragraph 3 shall include:---
(a) The name
of the plant site and the name of the owner, company, or enterprise operating it;
(b) Its
precise location including the address; and
(c) The
number of plants within the plant site which are declared.
7. Declarations of a plant site
pursuant to paragraph 3 shall also include, for each plant which is located
within the plant site and which falls under the specifications set forth in
paragraph 3 the following information:---
(a) The name
of the plant and the name of the owner, company, or enterprise operating it;
(b) Its
precise location within the plant site including the specific building or
structure number, if any;
(c) Its main
activities;
(d) Whether
the plant:---
(i)
Produces, processes, or consumes the declared Schedule 2 chemical(s);
(ii) Is
dedicated to such activities or multi-purpose; and
(iii)
Performs other activities with regard to the declared Schedule 2 chemical(s),
including a specification of that other activity (e.g. storage); and
(e) The
production capacity of the plant for each declared Schedule 2 chemical.
8. Declarations of a plant site
pursuant to paragraph 3 shall also include the following information on each
Schedule 2 chemical above the declaration threshold:---
(a) The
chemical name, common or trade name used by the facility, structural formula,
and Chemical Abstracts Service registry number, if assigned;
(b) In the
case of the initial declaration the total amount produced, processed, consumed,
imported and exported by the plant site in each of the three previous calendar
years;
(c) In the
case of the annual declaration on past activities the total amount produced,
processed, consumed, imported and exported by the plant site in the previous
calendar year;
(d) In the
case of the annual declaration on anticipated activities: the total amount
anticipated to be produced, processed or consumed by the plant site in the
following calendar year, including the anticipated time periods for production,
processing or consumption; and
(e) The
purposes for which the chemical was or will be produced, processed or consumed:---
(i)
Processing and consumption on site with a specification of the product types;
(ii)
(iii) Direct
export with a specification of the States involved; or
(iv) Other
including a specification of these other purposes.
Declarations on past production of
Schedule 2 chemicals for chemical weapons purposes;
9. Each State Party shall, not later
than 30 days after this Convention enters into force for it, declare all plant
sites comprising plants that produced at any time since 1 January 1946 a
Schedule 2 chemical for chemical weapons purposes.
10. Declarations of a plant site
pursuant to paragraph 9 shall include:---
(a) The name
of the plant site and the name of the owner, company, or enterprise operating
it;
(b) Its
precise location including the address;
(c) For each
plant which is located within the plant site, and which falls under the
specifications set forth in paragraph 9, the same information as required under
paragraph 7, subparagraphs (a) to (e); and
(d) For each
Schedule 2 chemical produced for chemical weapons purposes:
(i) The
chemical name, common or trade name used by the plant site for chemical weapons
production purposes, structural formula, and Chemical Abstracts Service
registry number, if assigned;
(ii) The
dates when the chemical was produced and the quantity produced; and
(iii) The
location to which the chemical was delivered and the final product produced
there, if known.
Information to States Parties:
11. A list of plant sites declared
under this Section together with the information provided under paragraphs 6, 7
(a), 7 (c) 7 (d) (i), 7 (d) (iii), 8 (a) and 10 shall be transmitted by the
Technical Secretariat to States Parties upon request.
C. Transfers to states not Party to this Convention
12. Schedule 2 chemicals shall only be
transferred to or received from states Parties. This obligation shall take
effect three years after entry into force of this Convention.
13. During this interim three-year
period, each State Party shall require an end-use certificate, as specified
below, for transfers of Schedule 2 chemicals to States not Party to this
Convention. For such transfers, each State Party shall adopt the necessary
measures to ensure that the transferred chemicals shall only be used for
purposes not prohibited under this Convention. Inter alia, the
State Party shall require from the recipient state a certificate stating, in
relation to the transferred chemicals:---
(a) That
they will only be used for purposes not prohibited under this Convention;
(b) That
they will not be re-transferred;
(c) Their
types and quantities;
(d) Their
end-use(s); and
(e) The
name(s) and address(es) of the end-user(s).
REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES RELATED
TO SUCH CHEMICALS
A. Declarations
Declarations of aggregate national
data:
1. The initial and annual declarations
to be provided by a State Party, shall include aggregate national data for the
previous calendar year on the quantities produced, imported and exported of
each Schedule 3 chemical, as well as a quantitative specification of import and
export for each country involved.
2. Each State Party shall submit:---
(a) Initial
declarations pursuant to paragraph 1 not later than 30 days after this
Convention enters into force for it; and, starting in the following calendar
year; and
(b) Annual
declarations not later than 90 days after the end of the previous calendar
year.
Declarations of plant sites
producing Schedule 3 chemicals:
3. Initial and annual declarations are
required for all plant sites that comprise one or more plants which produced
during the previous calendar year or are anticipated to produce in the next
calendar year more than 30 tonnes of a Schedule 3 chemical.
4. Each State Party shall submit:---
(a) Initial
declarations pursuant to paragraph 3 not later than 30 days after this
Convention enters into force for it; and, starting in the following calendar
year;
(b) Annual
declarations on past activities not later than 90 days after the end of the
previous calendar year; and
(c) Annual
declarations on anticipated activities not later than 60 days before the
beginning of the following calendar year. Any such activity additionally
planned after the annual declaration has been submitted shall be declared not
later than five days before this activity begins.
5. Declarations pursuant to paragraph 3
are generally not required for mixtures containing a low concentration of a
Schedule 3 chemical. They are only required, in accordance with guidelines, in
such cases where the case of recovery from the mixture of the Schedule 3
chemical and its total weight are deemed to pose a risk to the object and
purpose of this Convention. These guidelines shall be considered and approved
by the Conference pursuant to article VIII. paragraph 21 (i).
6. Declarations of a plant site
pursuant to paragraph 3 shall include:---
(a) The name
of the plant site and the name of the owner, company, or enterprise operating
it;
(b) Its
precise location including the address; and
(c) The
number of plants within the plant site which are declared pursuant to this
Annex.
7. Declarations of a plant site
pursuant to paragraph 3 shall also include, for each plant which is located
within the plant site and which falls under the specifications set forth in
paragraph 3, the following information:---
(a) The name
of the plant and the name of the owner, company, or enterprise operating it;
(b) Its
precise location within the plant site, including the specific building or
structure number, if any; and
(c) Its main
activities.
8. Declarations of a plant site
pursuant to paragraph 3 shall also include the following information on each
Schedule 3 chemical above the declaration threshold:---
(a) The
chemical name, common or trade name used by the facility, structural formula,
and Chemical Abstracts Service registry number, if assigned;
(b) The
approximate amount of production of the chemical in the previous calendar year,
or, in case of declarations on anticipated activities, anticipated for the next
calendar year, expressed in the ranges: 30 to 200 tonnes, 200 to 1,000 tonnes,
1,000 to 10,000 tonnes, 10,000 to 100,000 tonnes, and above 100,000 tonnes; and
(c) The
purposes for which the chemical was or will be produced.
Declarations on past production of
Schedule 3 chemicals for chemical weapons purposes
9. Each State Party shall, not later
than 30 days after this Convention enters into force for it, declare all plant
sites comprising plants that produced at any time since 1st January 1946 a
Schedule 3 chemical for chemical weapons purposes.
10. Declarations of a plant site
pursuant to paragraph 9 shall include:---
(a) The name
of the plant site and the name of the owner, company, or enterprise operating
it;
(b) Its
precise location including the address;
(c) For each
plant which is located within the plant site, and which falls under the
specifications set forth in paragraph 9, the same information as required under
paragraph 7, sub-paragraphs (a) to (c); and
(d) For each
Schedule 3 chemical produced for chemical weapons purposes:-
(i) The
chemical name, common or trade name used by the plant site for chemical weapons
production purposes, structural formula, and Chemical Abstracts Service registry
number, if assigned;
(ii) The
dates when the chemical was produced and the quantity produced; and
(iii) The
location to which the chemical was delivered and the final product produced
there, if known.
Information to States Parties
11. A list of plant sites declared
under this Section together with the information provided under paragraphs 6, 7
(a), 7(c), 8 (a) and 10 shall be transmitted by the Technical Secretariat to
States Parties upon request.
C. Transfers to States not Party to this Convention
12. When transferring Schedule 3
chemicals to states not party to this Convention, each State Party shall adopt
the necessary measures to ensure that the transferred chemicals shall only be
used for purposes not prohibited under this Convention. Inter alia, the
State Party shall require from the recipient state a certificate stating, in
relation to the transferred chemicals:---
(a) That
they will only be used for purposes not prohibited under this Convention;
(b) That
they will not be re-transferred;
(c) Their
types and quantities;
(d) Their
end-use(s); and
(e) The
name(s) and address(es) of the end-user(s).
13. Five years after entry into force
of this Convention, the Conference shall consider the need to establish other
measures regarding transfers of Schedule 3 chemicals to states not Party to
this Convention.
REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES
A. Declarations
List of other chemical production
facilities
1. The initial declaration to be
provided by each State Party pursuant to Article VI, paragraph 7, shall include
a list of all plant sites that:---
(a) produced
by synthesis during the previous calendar year more than 200 tonnes of
unscheduled discrete organic chemicals; or
(b) comprise
one or more plants which produced by synthesis during the previous calendar
year more than 30 tonnes of an unscheduled discrete organic chemical containing
the elements phosphorus, sulfur or fluorine (hereinafter referred to as “PSF-plants”
and “PSF-chemical”).
2. The list of other chemical
production facilities to be submitted pursuant to paragraph 1 shall not include
plant sites that exclusively produced explosives or hydrocarbons.
3. Each State Party shall submit its
list of other chemical production facilities pursuant to paragraph 1 as part of
its initial declaration not later than 30 days after this Convention enters
into force for it. Each State Party shall, not later than 90 days after the
beginning of each following calendar year, provide annually the information
necessary to update the list.
4. The list of other chemical
production facilities to be submitted pursuant to paragraph 1 shall include the
following information on each plant site:---
(a) The name
of the plant site and the name of the owner, company, or enterprise operating
it;
(b) The
precise location of the plant site including its address;
(c) Its main
activities; and
(d) The
approximate number of plants producing the chemicals specified in paragraph 1
in the plant site.
5. With regard to plant sites listed
pursuant to paragraph 1 (a), the list shall also include information on the
approximate aggregate amount of production of the unscheduled discrete organic
chemicals in the previous calendar year expressed in the ranges: under 1,000
tonnes, 1,000 to 10,000 tonnes and above 10,000 tonnes.
6. With regard to plant sites listed
pursuant to paragraph 1 (b), the list shall also specify the number of PSF-plants
within the plant site and include information on the approximate aggregate
amount of production of PSF-chemicals produced by each PSF-plant in the
previous calendar year expressed in the ranges: under 200 tonnes, 200 to 1,000
tonnes, 1,000 to 10,000 tonnes and above 10,000 tonnes.
SCHEDULE V
[See section 8]
(Confidentiality Annex)
A. General Principles for the Handling of
Confidential Information
1. The obligation to protect confidential information
shall pertain to the verification of both civil and military activities and
facilities. Pursuant to the general obligations set forth in Article VIII, the
Organization shall:---
(a) Require
only the minimum amount of information and data necessary for the timely and
efficient carrying out of its responsibilities under the Convention;
(b) Take the
necessary measures to ensure that inspectors and other staff members of the
Technical secretariat meet the highest standards of efficiency, competence, and
integrity; and
(c) Develop
agreements and regulations to implement the provisions of the Convention and
shall specify as precisely as possible the information to which the
Organization shall be given access by a State Party.
2. The Director-General shall have the primary responsibility for
ensuring the protection of confidential information. The Director-General shall
establish a stringent regime governing the handling of confidential information
by the Technical Secretariat, and in doing so, shall observe the following
guidelines:---
(a)
information shall be considered confidential if:---
(i) it is so
designated by the State Party from which the information was obtained and to
which the information refers; or
(ii) in the
judgement of the Director-General, its unauthorized disclosure could reasonably
be expected to cause damage to the State Party to which it refers or to the
mechanisms for implementation of the Convention;
(b) All data
and documents obtained by the Technical secretariat shall be evaluated by the
appropriate unit of the technical secretariat in order to establish whether
they contain confidential information. Data required by States Parties to be
assured of the continued compliance with the Convention by other States Parties
shall be routinely provided to them. Such data shall encompass:---
(i) The
initial and annual reports and declarations provided by States Paries under
Articles III, IV, V and VI, in accordance with the provisions set forth
in the Verification Annex;
(ii) General
reports on the results and effectiveness of verification activities; and
(iii)
Information to be supplied to all States Parties in accordance with the
provisions of the Convention;
(c) No
information obtained by the Organization in connection with the implementation
of the Convention shall be published or otherwise released, except, as follows:
(i) General
information on the implementation of this Convention may be compiled and
released publicly in accordance with the decisions of the Conference or the
Executive Council;
(ii) Any
information may be released with the express consent of the State Party to
which the information refers;
(iii)
Information classified as confidential shall be released by the Organization
only through procedures which ensure that the release of information only
occurs in strict conformity with the needs of the Convention. Such procedures
shall be considered and approved by the Conference pursuant to Article VIII,
paragraph 21 (i);
(d) The
level of sensitivity of confidential data or documents shall be established,
based on criteria to be applied uniformly in order to ensure their appropriate
handling and protection. For this purpose, a classification system shall be
introduced, which by taking account of relevant work undertaken in the
preparation of the Convention shall provide for clear criteria ensuring the
inclusion of information into appropriate categories of confidentiality and the
justified durability of the confiential nature of information. While providing
for the necessary flexibility in its implementation the classification system
shall protect the rights of States Parties providing confidential information.
A classification system shall be considered and approved by the Conference
pursuant to Article VIII, paragraph 21 (i);
(e)
Confidential information shall be stored securely at the premises of the
Organization. Some data or documents may also be stored with the National
Authority of a State Party. Sensitive information, including, inter alia, photographs,
plans and other documents required only for the inspection of a specific
facility may be kept under lock and key at this facility;
(f) To the
greatest extent consistent with the effective implementation of the
verification provisions of the Convention, information shall be handled and
stored by the Technical Secretariat in a form that precludes direct
identification of the facility to which it pertain;
(g) The
amount of confidential information removed from a facility shall be kept to the
minimum necessary for the timely and effective implementation of the
verification provisions of the Convention; and
(h) Access
to confidential information shall be regulated in accordance with its classification.
The dissemination of confidential information within the Organization shall be
strictly on a need-to-know basis.
3. The Director-General shall report annually to the Conference on the
implementation of the regime governing the handling of confidential information
by the Technical Secretariat.
4. Each State Party shall treat information, which it receives from the
Organization. in accordance with the level of confidentiality established for
that information. Upon request, a State Party shall provide details on the
handling of information provided to it by the Organization.
B. Employment and Conduct of Personnel in the
Technical Secretariat
5. Conditions of staff employment shall be such as to ensure that access
to and handling of confidential information shall be in conformity with the
procedures established by the Director-General in accordance with Section A.
6. Each position in the Technical Secretariat shall be governed by a
formal position description that specifies the scope of access to confidential
information, if any needed in that position.
7. The Director-General, the inspectors and the other members of the
staff shall not disclose even after termination of their functions to any
unauthorized persons any confidential information coming to their knowledge in
the performance of their official duties. They shall not communicate to any
state, organization or person outside the Technical Secretariat any information
to which they have access in connection with their activities in relation to
any State Party.
8. In the discharge of their functions inspectors shall only request the
information and data which are necessary to fulfill their mandate. They shall
not make any records of information collected incidentally and not related to
verification of compliance with the Convention.
9. The staff shall enter into individual secrecy agreements with the
technical secretariat covering their period of employment and a period of five
years after it is terminated.
10. In order to avoid improper disclosures, inspectors and staff members
shall be appropriately advised and reminded about security considerations and
of the possible penalties that they would incur in the event of improper
disclosure.
11. Not less than 30 days before an employee is given clearance for
access to confidential information that refers to activities on the territory
or in any other place under the jurisdiction or control of a State Party, the
State Party concerned shall be notified of the proposed clearance. For
inspectors the notification of a proposed designation shall fulfil this requirement.
12. In evaluating the performance of inspectors and any
other employees of the Technical Secretariat, specific attention shall be given
to the employee's record regarding protection of confidential information.
C. Measures to protect sensitive Installations and
Prevent Disclosure of Confidential data in the Course of on-site Verification
Activities.
13. States Parties may take such measures as they deem
necessary to protect confidentiality, provided that they fulfill their
obligations to demonstrate compliance in accordance with the relevant Articles
and the verification Annex. When receiving an inspection the State Party may
indicate to the inspection team the equipment, documentation or areas that it
considers sensitive and not related to the purpose of the inspection.
14. Inspection teams shall be guided by the principle of
conducting on-site inspections in the least intrusive manner possible
consistent with the effective and timely accomplishment of their mission. They
shall take into consideration proposals which may be made by the State Party
receiving the inspection, at whatever stage of the inspections to ensure that
sensitive equipment or information not related to chemical weapons, is
protected.
15. Inspection teams shall strictly abide by the provisions set forth in
the relevant Articles and Annexes governing the conduct of inspections. They
shall fully respect the procedures designed to protect sensitive installations
and to prevent the disclosure of confidential data.
16. In the elaboration of arrangements and facility
agreements, due regard shall be paid to the requirement of protecting
confidential information. Agreements on inspection procedures for individual
facilities shall also include specific and detailed arrangements with regard to
the determination of those areas of the facility to which inspectors are
granted access the storage of confidential information on-site, the scope of
the inspection effort in agreed areas the taking of samples and their analysis,
the access to records and the use of instruments and continuous monitoring
equipment.
17. The report to be prepared after each inspection shall
only contain facts relevant to compliance with the Convention. The report shall
be handled in accordance with the regulations established by the Organization
governing the handling of confidential information. If necessary, the
information contained in the report shall be processed into less sensitive
forms before it is transmitted outside the Technical Secretariat and the
inspected State Party.
D. Procedures
in case of Breaches or Alleged Breaches of Confidentiality.
18. The Director-General shall establish necessary
procedures to be followed in case of breaches or alleged breaches of
confidentiality, taking into account recommendations to be considered and
approved by the Conference pursuant to Article VIII, paragraph 21 (i).
19. The Director-General shall oversee the implementation of individual
secrecy agreements. The Director-General shall promptly initiate an
investigation if, in his judgement, there is sufficient indication that obligations
concerning the protection of confidential information have been violated. The
Director-General shall also promptly initiate an investigation if an allegation
concerning a breach of confidentiality is made by a State Party.
20. The Director-General shall impose appropriate punitive and
disciplinary measures on staff members who have violated their obligations to
protect confidential information. In cases of serious breaches, the immunity
from jurisdiction may be waived by the Director-General.
21. States Parties shall, to the extent possible,
cooperate and support the Director-General in investigating any breach or
alleged breach of confidentiality and in taking appropriate action in case a
breach has been established.
22. The Organization shall not be held liable for any
breach of confidentiality committed by members of the Technical Secretariat.
23. For breaches involving both a State Party and the Organization, a “Commission
for the settlement of disputes related to conlidentiality”, set up as a
subsidiary organ of the Conference, shall consider the case. This Commission
shall be appointed by the Conference. Rules governing its composition and
operating procedures shall be adopted by the Conference at its first session.
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