Toxic Chemicals Prohibition Control Act, 2016
Act 4 of 2016
An Act to give effect to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and On Their Destruction; to provide for the control of other toxic chemicals; to provide for the designation of the National Authority; to provide for inspections, searches and enforcement; to provide for licensing and permits in relation to scheduled chemicals and for related matters.BE IT ENACTED by Parliament as follows:
Part I – Preliminary
1. Commencement
This Act shall come into force upon assent by the President and publication in the gazette.
2. Application
(1)This Act applies to—
(a)acts or omissions prohibited by this Act and the Convention, which are committed by any person on board water vessels and aircrafts registered in, belonging to or in the possession of Uganda;
(b)acts or omissions prohibited under this Act and the Convention, which are committed by any person within the jurisdiction of Uganda; and
(c)acts or omissions prohibited under this Act and the Convention, which are committed by a Ugandan citizen or a permanent resident of Uganda outside Uganda.
(2)This Act binds the Government.
3. Purpose of this Act
The purpose of this Act is to ensure that—
(a)Uganda complies with its obligations under the Convention; and
(b)the exercise of the power or discretion or the performance of any duty or function authorised by this Act is not inconsistent with Uganda’s obligations under the Convention.
4. Interpretation
(1)In this Act, unless the context otherwise requires—"aircraft" means an aircraft registered in Uganda or belonging to or in the possession of Uganda;"chemical weapons" means the following, together or separately—(a)toxic chemicals and their precursors, except where intended for purposes not prohibited under the Convention, as long as the types and quantities are consistent with such purpose;(b)munitions and devices, specifically designed to cause death or harm through the toxic chemicals specified in paragraph (a), which would be released as a result of the use of those munitions and devices; or(c)any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in paragraph (b);"citizen" means a Ugandan residing in Uganda or outside Uganda;"Convention" means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction adopted on 13th January 1993, and includes any amendments to that Convention or the Annexes that are, or will become binding on Uganda;"currency point" has the value of a currency point assigned to it in Schedule 1;"international inspection" means an inspection or visit earned out by international inspectors in accordance with the Convention;"international inspector" means an individual designated by the Organisation according to the procedures set out in Part II, Section A, of the Verification Annex, to carry out an inspection or visit in accordance with the Convention, and includes an inspection assistant as defined under the Convention;"minister" means the Minister responsible for occupational safety and health;"Organisation or OPCW" means the Organisation for the Prohibition of chemical Weapons established by Article VIII of the Convention;"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;"purposes not prohibited under the Convention" means—(a)research, medical or pharmaceutical purposes;(b)industrial, agricultural, or other peaceful purposes;(c)protective purposes, namely those purposes directly related to protection against toxic chemicals and chemical weapons;(d)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(e)law enforcement including domestic riot control purposes."riot control agent" means any chemical not listed in Schedule 1, 2 or 3 to the Convention, which can produce rapidly in humans, sensory irritation or disabling physical effects which disappear within a short time following termination of exposure;"schedule 1, 2 and 3 chemicals" means those chemicals listed respectively in schedule 1, schedule 2 and schedule 3 of the Annex on Chemicals to the Convention, regardless of whether the chemical is pure or contained in a mixture;"State Party" means a State which has consented to be bound by the Convention and for which the Convention is in force;"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 chemicals, regardless of their origin or method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere;"Verification Annex" means the Annex on Implementation and Verification to the Convention;"vessel" has the meaning assigned to it in the Convention.
(2)Terms and expressions used and not defined in this Act but defined in the Convention shall, unless the context otherwise requires, have the same meaning as in the Convention.
5. Convention to have force of law
(1)The Convention set out in Schedule 2 to this Act shall have the force of law in Uganda.
(2)Without prejudice to the general effect of subsection (1), all rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Convention and all remedies and procedures from time to time provided by or under the Convention, shall be recognized and available in the law and be enforced in Uganda.
Part II – Administration
6. The National Authority
(1)The Minister shall, designate an authority to be called the National Chemicals Regulatory Authority within the Ministry responsible for Occupational Safety and Health.
(2)The Permanent Secretary of the Ministry responsible for occupational safety and health shall be the chairperson of the National Authority and the National Authority shall consist of representatives of—
(a)the ministry responsible for foreign affairs;
(b)the ministry responsible for defence;
(c)the ministry responsible for internal affairs from the Directorate of Government Analytical Laboratories and the Uganda Police Force;
(d)the ministry responsible for agriculture, animal industry and fisheries;
(e)the Internal Security Organisation;
(f)the ministry responsible for finance, from the Uganda Revenue Authority, Customs Division;
(g)the ministry responsible for trade, industry and cooperatives;
(h)the ministry responsible for health;
(i)the ministry responsible for justice;
(j)the National Environment Management Authority;
(k)the ministry responsible for education;
(l)Uganda National Metrological Authority; and
(m)any other organisation as the Minister may deem necessary.
(2)The Minister may, by statutory instrument, change the membership of the National Authority.
(3)The Authority shall have a Secretariat consisting of technical persons appointed by the Chairperson to assist in the day-to-day operations of the Authority.
7. Functions of the Authority
The functions of the Authority are—
(a)to serve as the national focal point for effective liaison with the OPCW and other States Parties;
(b)to supervise and monitor the enforcement of this Act;
(c)to gather data to be reported in the initial and annual declarations to the OPCW and to report the data collected to OPCW;
(d)to supervise the implementation and enforcement of the Convention;
(e)to provide OPCW and other States Parties with the relevant data and information to fulfil Uganda’s obligations under the Convention;
(f)to facilitate and cooperate with inspections under the Convention, including accompanying OPCW inspectors on international routine inspections and challenge inspections as well as investigations of alleged use of Chemical Weapons;
(g)to approve facility agreements;
(h)to establish a register of producers, importers, exporters, brokers and traders of scheduled and other toxic chemicals;
(i)to encourage research and development of safe and peaceful use of chemicals;
(j)to promote rational use of chemicals through appropriate trainings and sensitization;
(k)to provide advice and guidance to the government and other bodies concerned with chemical use and management;
(l)to establish a register of producers, importers, exporters, brokers and traders of chemicals of relevance to the Convention; and
(m)to perform any other functions assigned to it by the Minister in relation to the Convention.
8. Collaboration with other government institutions and international bodies
The National Authority may, to the extent required for the effective implementation of this Act and the Convention, collaborate with other government agencies, ministries, departments and agencies; and international organisations.
Part III – Prohibitions and offences related to chemical weapons
9. General prohibition
(1)Subject to this Act, a person shall not—
(a)develop, produce, or acquire, stockpile, or retain chemical weapons;
(b)transfer, directly or indirectly, chemical weapons to another person;
(d)engage in any military preparations to use chemical weapons;
(e)assist, encourage, or induce, in any way, any person to engage in any activity prohibited under the Convention;
(f)use riot control agent as a method of warfare;
(g)design or construct a chemical weapons production facility;
(h)modify a facility or material of any kind with the purpose of carrying out any activity in contravention of this Act; or
(i)engage in any other activity prohibited under the Convention.
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for life.
10. General prohibition in relation to Schedule 1 chemicals
(1)The acquisition, retention, in-country transfer, import, export and use of Schedule 1 chemicals is prohibited unless the chemicals are exclusively applied to research, medical, pharmaceutical, agriculture or protective purposes and the types and quantities or chemicals are strictly limited to those which can be justified for such purposes.
(2)The production of Schedule 1 chemicals is prohibited unless carried out for research, medical, pharmaceutical, agriculture or protective purposes and in a facility licensed by the Minister in accordance with the Convention, this Act and the regulations made under this Act.
(3)A person who contravenes subsections (1) or (2) commits and offence and is liable on conviction to imprisonment for life.
(4)The activities referred to in subsections (1) and (2) are subject to prior declaration in accordance with regulations made under this Act.
11. Prohibition of development, production and stockpiling of Schedules 1, 2 and 3 chemicals
(1)A person shall not, without a licence granted by the Minister, develop, produce, acquire, stockpile or retain any chemical listed in Schedules 1, 2 or 3 of the of the Annex on toxic Chemicals of the Convention.
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for life.
12. Prohibition of transfer of schedules 1, 2 and 3 chemicals and their precursors
(1)The transfer of chemicals listed in schedule 1 to the Convention from or to a country not party to the Convention, including transit through such a country is prohibited.
(2)A person shall not transfer into Uganda or from Uganda, any chemical or precursor listed in Schedules 2 and 3 of the Convention to a State not party to the Convention without a license granted by the Minister.
(3)The Minister shall, by regulations, prescribe conditions for the transfer of chemicals listed in Schedules 2 and 3 to States not party to the Convention.
(4)A person shall not transfer to a State not party to the Convention, chemicals listed in Schedule 3 without first receiving an end-user certificate from a competent Government authority of the State not party to the Convention.
(5)In determining whether or not to grant a license under this section, the Minister shall be guided by the restrictions on transfer set out in Parts VI to VIII of the Verification Annex.
(6)A person who contravenes the provisions of this section commits an offence and is liable, on conviction to a fine not exceeding five thousand currency points or imprisonment not exceeding five years or both.
13. Use of riot control agents as a method of warfare
A person who uses riot control agents as a method of warfare commits an offence and is liable on conviction to a fine not exceeding five thousand currency points or imprisonment for life or both.
14. Seizure
The National Authority, its agents, a national inspector or a member of the Uganda Police Force may seize or cause to be seized—
(a)any chemical weapon that is developed, produced, acquired, stockpiled, retained, imported or transferred in contravention of the Convention and this Act or is old or abandoned in any place under the jurisdiction of Uganda;
(b)any quantity of chemical weapons that may be used as evidence for an offence committed under this Act; or
(c)any book, document, data or thing which may be used as evidence for an offence committed under this Act.
15. Forfeiture
(1)Where a seizure is made under section 14—
(a)the weapon shall be forfeited to the Government; and
(b)any authorized officer of the Government or any police officer may, without a warrant, seize the chemical weapon that is forfeited or that he or she has reasonable grounds to believe to be forfeited to the Government under subsection (1).
(2)Any chemical weapon that is seized under section 14 shall be stored by the ministry responsible for defence with all appropriate safeguards pending disposal, and then disposed of upon the instructions of the minister responsible for defence, taking into account the provisions of the Convention.
Part IV – Information and documents
16. Purpose of this Part
The purpose of this Part is to ensure—
(a)that toxic chemical and their precursors are only developed, produced, imported, exported or otherwise acquired, retained, transferred or used for purposes not prohibited under the Convention;
(b)that the National Authority has knowledge of dealings with chemicals that facilitates the making of Uganda’s periodic declarations under the Convention; and
(c)that Uganda is able to fulfill its obligations under the Convention.
17. Supply of information and keeping of records
(1)Notwithstanding section 11, a person who develops, produces, imports, exports, acquires, retains, transfers, processes, consumes or uses chemicals listed in schedules 1, 2 or 3 of the Convention or their precursors or who intends to do so or produces discrete organic chemicals shall—
(a)notify the National Authority of the activity or intended activity and, as the case may be, the facility or plant site, as soon as practicable after the commencement of this Act by giving written notice in a form approved by the National Authority, containing such information as may be required by regulations;
(b)keep records in relation to the chemicals and the facility or plant site, and the purpose to which the chemicals are put;
(c)prepare from those records, periodic reports relating to the chemicals and the facility or plant site in a form approved by the National Authority; and
(d)submit periodic reports to the National Authority at intervals specified by the Minister by regulations.
(2)The data, records and reports under subsection (1) must be sufficient to satisfy the National Authority that the Convention and the provisions of this Act and any regulations made under this Act are being complied with.
(3)A person who refuses or fails to comply with subsections (1) or (2) commits an offence and is liable on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding one year or both.
18. National Authority to seek information
(1)This section applies where the National Authority considers that a person is capable of giving information that is relevant to—
(a)a declaration required to be given to the Organisation under the Convention; or
(b)the implementation of the Convention or the enforcement of this Act.
(2)The National Authority may, by notice in writing and within a period specified in the notice, require any person whom the National Authority believes on reasonable grounds, has information or documents relevant to the enforcement of this Act to give the information to the National Authority—
(a)where the person is a natural person, by writing signed by the person; or
(b)where the person is a body corporate, by writing signed by an officer authorised to sign on behalf of the body corporate.
(3)The Minister may, by notice in writing given to any person, require that person to give to the National Authority particular documents or documents of a particular kind, specified in the notice within seven days or as specified in the notice.
(4)A person who fails to comply with a notice issued under this section to the extent that the person is capable of complying with it, commits an offence and is liable on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding one year or both.
(5)The power of the National Authority under this section to require a person to give information or documents to him or her is in addition to any obligation to give information or documents that the person may have under this Act.
19. Reporting on other chemicals
(1)A person who develops, produces, otherwise acquires, retains or uses within the territory of Uganda or imports into Uganda other toxic chemicals or precursors other than those specified in Schedules 1, 2 and 3 of the Convention shall provide sufficient information to the National Authority to enable the National Authority to establish that those activities are not prohibited under the Convention.
(2)A person who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding ten years or both.
20. False or misleading statements and documents
A person who, in any document prepared under this Part, makes a statement or omits any matter knowing that, or being reckless as to whether the statement or omission makes the document false or misleading in a material particular commits an offence and is liable on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding five years or both.
Part V – Inspections
21. Purpose of this Part
For purposes of this Part—
(a)"inspection power" means the power to—
(i)enter and search any premises or facility;
(ii)inspect and examine a matter of thing;
(iii)take samples of a matter of thing;
(iv)examine documents including records kept in accordance with this Act, the regulations or a condition of a license or permit issued under this Act;
(v)take extracts from or make copies of a document;
(vi)measure a matter of thing;
(vii)operate any equipment, including electronic equipment, located at any premises or facility if the inspector believes, on reasonable grounds, that the equipment can be operated without damaging it;
(viii)take onto a premise or facility any person, equipment or material that is reasonably required for the purpose of exercising a power under this paragraph;
(ix)question operators of any site and personal working on the site for the purposes of the Act; or
(x)do any other act or thing necessary or convenient to be done to carry out an inspection under this Act;
(b)"purposes of compliance" means—
(i)determining whether the provisions of this Act and any regulations issued under the Act have been or are being complied with at any premises or facility;
(ii)determining whether the conditions of a licence, permit or authorisation given under this Act or regulations made under this Act are being complied with by the holder of the licence, permit or authorisation; and
(iii)ensuring the proper functioning, at any premise or facility of any monitoring equipment installed in the course of an international compliance inspection or under a facility agreement between Uganda and the Organisation.
22. Verification of toxic chemicals, their precursors and facilities
All toxic chemicals and their precursors listed in Schedules 1, 2, and 3 of the Convention, facilities related to those chemicals and other facilities producing discrete organic chemicals and places specified in the Verification Annex, are declared to be subject to verification measures as provided for in the Convention.
23. Inspections
(1)A national inspector or an international inspector may, at any reasonable time, and consistent with the provisions of the Convention and this Act and any relevant facility agreement—
(a)enter any place in Uganda;
(c)install, use and maintain monitoring instructions, systems and seals; or
(d)carry out any other activity as provided in the Verification Annex to the Convention.
(2)A person to whom section 22 applies shall permit a national or international inspector to—
(a)enter any place—
(i)in respect of which a provision of Parts VI to IX of the verification Annex applies;
(ii)that is subject to an on-site challenge inspection referred to in paragraph 8 of Article IX of the Convention; or
(iii)in respect of which an investigation under paragraph 9 of Article X of the Convention has been initiated;
(b)inspect the place in accordance with the Convention and, in the case of any facility, any applicable facility agreement; and
(c)exercise, in connection with the inspection, any function contemplated, and exercise any power provided for in the Convention and, in the case of any facility, any applicable facility agreement.
24. Inspections on short notice
An inspector designated under the Convention shall be permitted, on short notice, to enter into Uganda to carry on an inspection consistent with the provisions of the Convention.
25. Appointment of national inspectors
The Minister may, on the advice of the National Authority, appoint national inspectors for purposes of ensuring compliance under this Act.
26. Persons who may accompany international inspectors
In order to facilitate inspections, an international inspector may be accompanied by—
(a)an observer for the purposes of giving effect to paragraph 12 of Article IX of the Convention;
(b)a national inspector appointed under section 25; or
(c)a member of the Uganda Police Force above the rank of Assistant Superintendent of Police.
27. Directions by Minister
(1)The Minister may, by notice in writing, issue directions to any person for the purpose of facilitating an inspection under the Convention.
(2)A person who willfully fails to comply with any direction given by the Minister under this section commits an offence and is liable, on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding two years or both.
28. Identification certificates
The Minister may issue a certificate identifying a national inspector, an international inspector or any other person authorised to accompany or assist an international inspector under this Act.
Part VI – Enforcement
29. Search warrants
(1)A member of the Uganda Police Force or a national inspector appointed under section 25 may apply for a search warrant where the consent of the person who is in control of a place subject to an inspection under this Act cannot be obtained or where the person refuses to give his or her consent.
(2)Subject to subsection (3), where, on an ex-parte application, a magistrate, Judge or Registrar of a court of competent jurisdiction is satisfied that there are reasonable grounds for believing that—
(a)a place referred to in section 22 meets the conditions for entry described in that section;
(b)entry to the place is necessary for the purpose of exercising any function contemplated, or any power provided for in this Act, the Convention or an applicable facility agreement; or
(c)the consent of the person who is in control of the place cannot be obtained,
may issue, unconditionally or subject to conditions, a warrant authorising the entry into the place by the representative of the National Authority, a national or international inspector or any person authorised to accompany the international inspector, for the purpose of inspection or any power provided for under this Act, the Convention or any applicable facility agreement.
(3)A person applying for a warrant under subsection (2) shall—
(a)first make reasonable inquiries as to whether any other applications for a warrant have been made in respect of the place concerned or offence or offences, if any, alleged in respect of each application and the results of each application; and
(b)disclose on the application for the warrant, the results of the inquiries made under paragraph (a).
30. Entry or search without a warrant
A search warrant authorising entry into a place or facility is not required where the conditions of obtaining a warrant exist but, by reason of exigent circumstances, it would be impractical to obtain a warrant.
31. Use of reasonable force
Where force is required to enter and inspect any place, premises or facility specified in a warrant whether by breaking down a door or otherwise, or in breaking open anything in the place, premises or facility, a representative of the National Authority or a national inspector accompanied by a member of the Uganda Police Force may use such force as is reasonable in the circumstances.
32. Obligations of persons accompanying international inspectors
A member of the Uganda Police Force or a national inspector appointed under section 25 who accompanies an international inspector on any inspection shall—
(a)carry his or her identification certificate; and
(b)produce the identification certificate to any person in charge of the place, premises or facility entered if asked to do so by the person in charge of the place, premises or facility entered.
(2)The person entering a place, premises, or facility to carry out an inspection under subsection (1) shall, where there is no person appearing to be in charge of the place at any time between the time of entry and the time the inspection concerned has been completed, as soon as is practicable after completing the inspection, give an occupier or person in charge of the place, a written notice stating that the place has been entered, and specifying—
(a)the time and date of entry;
(b)the circumstances and purpose of entry; and
(c)the name of every person entering.
(3)The person carrying out inspection under subsection (1) shall have a warrant with him or her and produce it if required to do so.
(4)Where anything is seized during an inspection, the inspector or member of the Uganda Police Force shall give the occupier or person in charge of the place, premises or facility a written inventory of all the things seized and report any offence or suspected offence to the police as soon as possible.
33. Obstruction of an inspector
(1)The proprietor or a person in charge of a place, premises or a facility to be inspected shall cooperate with and support inspections conducted under the Convention and this Act.
(2)A person who obstructs, hinders, resists, or deceives an international inspector or a national inspector exercising his or her functions or any power under this Act or the Convention, commits an offence and is liable on conviction, to a fine not exceeding one hundred currency points or imprisonment not exceeding one year or both.
34. Expenses of inspection
(1)The proprietor or a person in charge of a place, premises or a facility to be inspected shall meet the expenses of an inspection conducted on his or her place, premises or facility in accordance with the Convention and this Act unless the expenses are refundable by the Organisation in accordance with the Convention.
(2)An application for a refund of expenses under subsection (1) shall, where the expenses are refundable by the Organisation, be filed with the National Authority which shall consider the application and submit to the Organisation.
Part VII – Permits and licences
35. Application for licence, permit or consent
(1)An application for a licence, permit or consent under this Act shall be made to the Minister in the manner prescribed by regulations.
(2)An application for a licence, permit or consent under this Act shall be in writing and shall be accompanied by an application fee prescribed by the Minister by regulations.
(3)In determining whether or not to grant a licence, permit or consent under this Act, the Minister shall be guided by the provisions of the Convention in Part VI of the Verification Annex.
Part VIII – End user certificates
36. End-user certificate
(1)An end-user certificate shall contain—
(a)a statement that the Schedule 3 chemical will only be used for purposes not prohibited under the Convention;
(b)a statement that the Schedule 3 chemical will not be retransferred to other states;
(c)the types and quantities of the Schedule 3 chemicals to be transferred;
(d)the end-use of the Schedule 3 chemicals to be transferred; and
(e)the name and address of the Schedule 3 chemicals end-user.
(2)Where the Schedule 3 chemical transferred is to an importer in a State not party to the Convention and the importer is not the end-user, the importer shall specify the name and address for the purposes of the transfer.
Part IX – Miscellaneous
37. Confidentiality
(1)A person shall keep any information that is given under this Act or the Convention concerning the affairs of another person confidential.
(2)Information referred to in subsection (1) may be disclosed only with the consent of the person to whose affairs it relates or for the purpose of—
(a)enabling Uganda to fulfill its obligations under the Convention;
(b)the enforcement of this Act; or
(c)dealing with an emergency involving public safety.
(3)A person who contravenes this section commits an offence, and is liable on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding one year or both.
38. Privileges and immunities
A person who is entitled to receive immunities and privileges under the Convention shall, in accordance with the laws of Uganda, receive such immunities and privileges in accordance with the Convention and any privileges and immunities Agreement that may be negotiated.
39. Self-incrimination
(1)A person is not excused from answering a question or giving any information or document under this Act or the Convention on the ground that to do so may incriminate or tend to incriminate him or her.
(2)A self-incriminating statement made or given under this Act, or the Convention is not admissible as evidence in criminal proceedings against that person, except on a charge of perjury in relation to that statement.
40. Regulations
(1)The Minister may, by statutory instrument, make regulations for the better carrying into effect the purposes and intents of this Act.
(2)Without prejudice to the general effect of subsection (1), regulations made under this section may prescribe, among other matters—
(a)for any matter that is necessary or desirable for the purpose of implementing the Convention or any agreement that is concluded between the Government of Uganda and the OPCW under the Convention;
(b)for establishing the licensing regime for licenses to be granted under this Act;
(c)for establishing a declaration regime for all declarations to be made under the Act;
(d)for offences in respect of the contravention of or noncompliance with any provision of any regulations made under this section; and
(e)providing for such other matters as are contemplated by or necessary to give full effect to this Act and for its due administration.
(3)Regulations made under subsection (1) may, in respect of any contravention of any of the regulations—
(a)prescribe a penalty of a fine not exceeding five thousand currency points or imprisonment for a term not exceeding ten years or both;
(b)in the case of a continuing contravention, prescribe an additional penalty not exceeding one thousand currency points in respect of each day on which the office continues; and
(c)prescribe a higher penalty not exceeding one thousand five hundred currency points in respect of a second or subsequent contravention.
41. Amendment of Schedules
(1)The Minister may, by statutory instrument and with the approval of Cabinet, amend Schedule 1.
(2)The Minister may, by statutory instrument, from time to time—
(a)amend Schedule 2 to this Act by making such amendments to the text of the Convention set out in that Schedule as are required to bring that text up to date in accordance with changes made to the Convention;
(b)revoke Schedule 2 to this Act, and substitute a new Schedule setting out in an up-to-date form, the text of the Convention set out in that Schedule in accordance with changes made to the Convention.
42. Disclaimer of liability
Nothing in this Act shall render the Government of Uganda liable for an act or omission on the part of the Organisation.
Schedule 1 (Sections 4 and, 41(1))
One currency point is equivalent to twenty thousand Uganda Shillings.
Schedule 2 (Sections 5 (1) and 41 (2))
Organisation for the prohibition of chemical weapons
Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction
Version incorporating:
1.the correction of errors in the Arabic, Chinese, English, French, Russian and Spanish texts, pursuant to Depositary Notification C.N.246. 1994. TREATIES-5, issued on 31 August 1994;
2.the addition, under Article XV of the Convention of a new paragraph, 5bis, to Section B of Part VI of the Verification Annex, in accordance with:
(a)the change to Section B of Part VI of the Verification Annex, effective 31 October 1999, pursuant to Depositary Notification C.N.916. 1999. TREATIES-7, issued on 8 October 1999, together with
(b)the correction to the change to Section B of Part VI of the Verification Annex, effective 9 March 2000, pursuant to Depositary Notification C.N.157. 2000. TREATIES-1, issued on 13 March 2000; and
3.the addition, under Article XV of the Convention, of a new paragraph, 72bis, to Section D of Part V of the Verification Annex, pursuant to Depositary Notification C.N.610.2005.TREATIES-4, issued on 29 July 2005.
Preamble
The States Parties to this Convention,Determined to act with a view to achieving effective progress towards general and complete disarmament under strict and effective international control, including the prohibition and elimination of all types of weapons of mass destruction,Desiring to contribute to the realization of the purposes and principles of the Charter of the United Nations,Recalling that the General Assembly of the United Nations has repeatedly condemned all actions contrary to the principles and objectives of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925 (the Geneva Protocol of 1925),Recognizing that this Convention reaffirms principles and objectives of and obligations assumed under the Geneva Protocol of 1925, and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction signed at London, Moscow and Washington on 10 April 1972,Bearing in mind the objective contained in Article IX of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction,Determined for the sake of all mankind, to exclude completely the possibility of the use of chemical weapons, through the implementation of the provisions of this Convention, thereby complementing the obligations assumed under the Geneva Protocol of 1925,Recognizing the prohibition, embodied in the pertinent agreements and relevant principles of international law, of the use of herbicides as a method of warfare,Considering that achievements in the field of chemistry should be used exclusively for the benefit of mankind,Desiring to promote free trade in chemicals as well as international cooperation and exchange of scientific and technical information in the field of chemical activities for purposes not prohibited under this Convention in order to enhance the economic and technological development of all States Parties,Convinced that the complete and effective prohibition of the development, production, acquisition, stockpiling, retention, transfer and use of chemical weapons, and their destruction, represent a necessary step towards the achievement of these common objectives,Have agreed as follows:
Article I
General obligations
1.Each State Party to this Convention undertakes never under any circumstances:
(a)To develop, produce, otherwise acquire, stockpile, or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone;
(b)To use chemical weapons;
(c)To engage in any military preparations to use chemical weapons;
(d)To assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention.
2.Each State Party undertakes to destroy chemical weapons it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention.
3.Each State Party undertakes to destroy all chemical weapons it abandoned on the territory of another State Party, in accordance with the provisions of this Convention.
4.Each State Party undertakes to destroy any chemical weapons production facilities it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention.
5.Each State Party undertakes not to use riot control agents as a method of warfare.
Article II
Definitions and criteria
For the purposes of this Convention:
1."Chemical Weapons" means the following, together or separately:(a)Toxic chemicals and their precursors, except where intended for purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purposes;(b)Munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (a), which would be released as a result of the employment of such munitions and devices;(c)Any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (b).
2."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. This 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.(For the purpose of implementing this Convention, toxic chemicals which have been identified for the application of verification measures are listed in Schedules contained in the Annex on Chemicals.)
3."Precursor" means:Any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. This includes any key component of a binary or multicomponent chemical system.(For the purpose of implementing this Convention, precursors which have been identified for the application of verification measures are listed in Schedules contained in the Annex on Chemicals.)
4."Key Component of Binary or Multicomponent Chemical Systems" (hereinafter referred to as "key component") means:The precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.
5."Old Chemical Weapons" means:(a)Chemical weapons which were produced before 1925; or(b)Chemical weapons produced in the period between 1925 and 1946 that have deteriorated to such extent that they can no longer be used as chemical weapons.
6."Abandoned Chemical Weapons" means:Chemical weapons, including old chemical weapons, abandoned by a State after 1 January 1925 on the territory of another State without the consent of the latter.
7."Riot Control Agent" means:Any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure.
8."Chemical Weapons Production Facility":(a)Means any equipment, as well as any building housing such equipment, that was designed, constructed, or used at any time since 1 January 1946:(i)As part of the stage in the production of chemicals ("final technological stage") where the material flows would contain, when the equipment is in operation:(1)Any chemical listed in Schedule 1 in the Annex on Chemicals; or(2)Any other chemical that has no use, above 1 tonne per year on the territory of a State Party or in any other place under the jurisdiction or control of a State Party, for purposes not prohibited under this Convention, but can be used for chemical weapons purposes; or(ii)For filling chemical weapons, including, inter alia, the filling of chemicals listed in Schedule 1 into munitions, devices or bulk storage containers, the filling of chemicals into containers that form part of assembled binary munitions and devices or into chemical submunitions that form part of assembled unitary munitions and devices, and the loading of the containers and chemical submunitions into the respective munitions and devices;(b)Does not mean:(i)Any facility having a production capacity for synthesis of chemicals specified in subparagraph (a) (i) that is less than 1 tonne;(ii)Any facility in which a chemical specified in subparagraph (a) (i) is or was produced as an unavoidable by-product of activities for purposes not prohibited under this Convention, provided that the chemical does not exceed 3 per cent of the total product and that the facility is subject to declaration and inspection under the Annex on Implementation and Verification (hereinafter referred to as "Verification Annex"); or(iii)The single small-scale facility for production of chemicals listed in Schedule 1 for purposes not prohibited under this Convention as referred to in Part VI of the Verification Annex.
9."Purposes Not Prohibited Under this Convention" means:(a)Industrial, agricultural, research, medical, pharmaceutical, or other peaceful purposes;(b)Protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;(c)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;(d)Law enforcement including domestic riot control purposes.
10."Production Capacity" means:The annual quantitative potential for manufacturing a specific chemical based on the technological process actually used or, if the process is not yet operational, planned to be used at the relevant facility. It shall be deemed to be equal to the nameplate capacity or, if the nameplate capacity is not available, to the design capacity. The nameplate capacity is the product output under conditions optimized for maximum quantity for the production facility, as demonstrated by one or more test-runs. The design capacity is the corresponding theoretically calculated product output.
11."Organization" means the Organization for the Prohibition of Chemical Weapons established pursuant to Article VIII of this Convention.
12.For the purposes of Article VI:
(a)"Production" of a chemical means its formation through chemical reaction;
(b)"Processing" of a chemical means a physical process, such as formulation, extraction and purification, in which a chemical is not converted into another chemical;
(c)"Consumption" of a chemical means its conversion into another chemical via a chemical reaction.
Article III
Declarations
1.Each State Party shall submit to the Organization, not later than 30 days after this Convention enters into force for it, the following declarations, in which it shall:
(a)With respect to chemical weapons:
(i)Declare whether it owns or possesses any chemical weapons, or whether there are any chemical weapons located in any place under its jurisdiction or control;
(ii)Specify the precise location, aggregate quantity and detailed inventory of chemical weapons it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with Part IV (A), paragraphs 1 to 3, of the Verification Annex, except for those chemical weapons referred to in sub-subparagraph (iii);
(iii)Report any chemical weapons on its territory that are owned and possessed by another State and located in any place under the jurisdiction or control of another State, in accordance with Part IV (A), paragraph 4, of the Verification Annex;
(iv)Declare whether it has transferred or received, directly or indirectly, any chemical weapons since 1 January 1946 and specify the transfer or receipt of such weapons, in accordance with Part IV (A), paragraph 5, of the Verification Annex;
(v)Provide its general plan for destruction of chemical weapons that it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with Part IV (A), paragraph 6, of the Verification Annex;
(b)With respect to old chemical weapons and abandoned chemical weapons:
(i)Declare whether it has on its territory old chemical weapons and provide all available information in accordance with Part IV (B), paragraph 3, of the Verification Annex;
(ii)Declare whether there are abandoned chemical weapons on its territory and provide all available information in accordance with Part IV (B), paragraph 8, of the Verification Annex;
(iii)Declare whether it has abandoned chemical weapons on the territory of other States and provide all available information in accordance with Part IV (B), paragraph 10, of the Verification Annex;
(c)With respect to chemical weapons production facilities:
(i)Declare whether it has or has had any chemical weapons production facility under its ownership or possession, or that is or has been located in any place under its jurisdiction or control at any time since 1 January 1946;
(ii)Specify any chemical weapons production facility it has or has had under its ownership or possession or that is or has been located in any place under its jurisdiction or control at any time since 1 January 1946, in accordance with Part V, paragraph 1, of the Verification Annex, except for those facilities referred to in sub-subparagraph (iii);
(iii)Report any chemical weapons production facility on its territory that another State has or has had under its ownership and possession and that is or has been located in any place under the jurisdiction or control of another State at any time since 1 January 1946, in accordance with Part V, paragraph 2, of the Verification Annex;
(iv)Declare whether it has transferred or received, directly or indirectly, any equipment for the production of chemical weapons since 1 January 1946 and specify the transfer or receipt of such equipment, in accordance with Part V, paragraphs 3 to 5, of the Verification Annex;
(v)Provide its general plan for destruction of any chemical weapons production facility it owns or possesses, or that is located in any place under its jurisdiction or control, in accordance with Part V, paragraph 6, of the Verification Annex;
(vi)Specify actions to be taken for closure of any chemical weapons production facility it owns or possesses, or that is located in any place under its jurisdiction or control, in accordance with Part V, paragraph 1 (i), of the Verification Annex;
(vii)Provide its general plan for any temporary conversion of any chemical weapons production facility it owns or possesses, or that is located in any place under its jurisdiction or control, into a chemical weapons destruction facility, in accordance with Part V, paragraph 7, of the Verification Annex,
(d)With respect to other facilities:Specify the precise location, nature and general scope of activities of any facility or establishment under its ownership or possession or located in any place under its jurisdiction or control, and that has been designed, constructed or used since 1 January 1946 primarily for development of chemical weapons. Such declaration shall include, inter alia, laboratories and test and evaluation sites,
(e)With respect to riot control agents: Specify the chemical name, structural formula, and Chemical Abstracts Service (CAS) registry number, if assigned, of each chemical it holds for riot control purposes. This declaration shall be updated not later than 30 days after any change becomes effective.
2.The provisions of this Article and the relevant provisions of Part IV of the Verification Annex shall not, at the discretion of a State Party, apply to chemical weapons buried on its territory before 1 January 1977 and which remain buried, or which had been dumped at sea before 1 January 1985.
Article IV
Chemical weapons
1.The provisions of this Article and the detailed procedures for its implementation shall apply to all chemical weapons owned or possessed by a State Party, or that are located in any place under its jurisdiction or control, except old chemical weapons and abandoned chemical weapons to which Part IV (B) of the Verification Annex applies.
2.Detailed procedures for the implementation of this Article are set forth in the Verification Annex.
3.All locations at which chemical weapons specified in paragraph 1 are stored or destroyed shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments, in accordance with Part IV (A) of the Verification Annex.
4.Each State Party shall, immediately after the declaration under Article III, paragraph 1 (a), has been submitted, provide access to chemical weapons specified in paragraph 1 for the purpose of systematic verification of the declaration through on-site inspection. Thereafter, each State Party shall not remove any of these chemical weapons, except to a chemical weapons destruction facility. It shall provide access to such chemical weapons, for the purpose of systematic on-site verification.
5.Each State Party shall provide access to any chemical weapons destruction facilities and their storage areas, that it owns or possesses, or that are located in any place under its jurisdiction or control, for the purpose of systematic verification through on-site inspection and monitoring with on-site instruments.
6.Each State Party shall destroy all chemical weapons specified in paragraph 1 pursuant to the Verification Annex and in accordance with the agreed rate and sequence of destruction (hereinafter referred to as "order of destruction"). Such destruction shall begin no later than two years after this Convention enters into force for it and shall finish not later than 10 years after entry into force of this Convention. A State Party is not precluded from destroying such chemical weapons at a faster rate.
7.Each State Party shall:
(a)Submit detailed plans for the destruction of chemical weapons specified in paragraph 1 not later than 60 days before each annual destruction period begins, in accordance with Part IV (A), paragraph 29, of the Verification Annex; the detailed plans shall encompass all stocks to be destroyed during the next annual destruction period;
(b)Submit declarations annually regarding the implementation of its plans for destruction of chemical weapons specified in paragraph 1, not later than 60 days after the end of each annual destruction period; and
(c)Certify, not later than 30 days after the destruction process has been completed, that all chemical weapons specified in paragraph 1 have been destroyed.
8.If a State ratifies or accedes to this Convention after the 10-year period for destruction set forth in paragraph 6, it shall destroy chemical weapons specified in paragraph 1 as soon as possible. The order of destruction and procedures for stringent verification for such a State Party shall be determined by the Executive Council.
9.Any chemical weapons discovered by a State Party after the initial declaration of chemical weapons shall be reported, secured, and destroyed in accordance with Part IV (A) of the Verification Annex.
10.Each State Party, during transportation, sampling, storage and destruction of chemical weapons, shall assign the highest priority to ensuring the safety of people and to protecting the environment. Each State Party shall transport, sample, store and destroy chemical weapons in accordance with its national standards for safety and emissions.
11.Any State Party which has on its territory chemical weapons that are owned or possessed by another State, or that are located in any place under the jurisdiction or control of another State, shall make the fullest efforts to ensure that these chemical weapons are removed from its territory not later than one year after this Convention enters into force for it. If they are not removed within one year, the State Party may request the Organization and other States Parties to provide assistance in the destruction of these chemical weapons.
12.Each State Party undertakes to cooperate with other States Parties that request information or assistance on a bilateral basis or through the Technical Secretariat regarding methods and technologies for the safe and efficient destruction of chemical weapons.
13.In carrying out verification activities pursuant to this Article and Part IV (A) of the Verification Annex, the Organization shall consider measures to avoid unnecessary duplication of bilateral or multilateral agreements on verification of chemical weapons storage and their destruction among States Parties.To this end, the Executive Council shall decide to limit verification to measures complementary to those undertaken pursuant to such a bilateral or multilateral agreement, if it considers that:
(a)Verification provisions of such an agreement are consistent with the verification provisions of this Article and Part IV (A) of the Verification Annex;
(b)Implementation of such an agreement provides for sufficient assurance of compliance with the relevant provisions of this Convention; and
(c)Parties to the bilateral or multilateral agreement keep the Organization fully informed about their verification activities.
14.If the Executive Council takes a decision pursuant to paragraph 13, the Organization shall have the right to monitor the implementation of the bilateral or multilateral agreement.
15.Nothing in paragraphs 13 and 14 shall affect the obligation of a State Party to provide declarations pursuant to Article III, this Article and Part IV (A) of the Verification Annex.
16.Each State Party shall meet the costs of destruction of chemical weapons it is obliged to destroy. It shall also meet the costs of verification of storage and destruction of these chemical weapons unless the Executive Council decides otherwise. If the Executive Council decides to limit verification measures of the Organization pursuant to paragraph 13, the costs of complementary verification and monitoring by the Organization shall be paid in accordance with the United Nations scale of assessment, as specified in Article VIII, paragraph 7.
17.The provisions of this Article and the relevant provisions of Part IV of the Verification Annex shall not, at the discretion of a State Party, apply to chemical weapons buried on its territory before 1 January 1977 and which remain buried, or which had been dumped at sea before 1 January 1985.
Article V
Chemical weapons production facilities
1.The provisions of this Article and the detailed procedures for its implementation shall apply to any and all chemical weapons production facilities owned or possessed by a State Party, or that are located in any place under its jurisdiction or control.
2.Detailed procedures for the implementation of this Article are set forth in the Verification Annex.
3.All chemical weapons production facilities specified in paragraph 1 shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments in accordance with Part V of the Verification Annex.
4.Each State Party shall cease immediately all activity at chemical weapons production facilities specified in paragraph 1, except activity required for closure.
5.No State Party shall construct any new chemical weapons production facilities or modify any existing facilities for the purpose of chemical weapons production or for any other activity prohibited under this Convention.
6.Each State Party shall, immediately after the declaration under Article III, paragraph 1 (c), has been submitted, provide access to chemical weapons production facilities specified in paragraph 1, for the purpose of systematic verification of the declaration through on-site inspection.
7.Each State Party shall:
(a)Close, not later than 90 days after this Convention enters into force for it, all chemical weapons production facilities specified in paragraph 1, in accordance with Part V of the Verification Annex, and give notice thereof; and
(b)Provide access to chemical weapons production facilities specified in paragraph 1, subsequent to closure, for the purpose of systematic verification through on-site inspection and monitoring with on-site instruments in order to ensure that the facility remains closed and is subsequently destroyed.
8.Each State Party shall destroy all chemical weapons production facilities specified in paragraph 1 and related facilities and equipment, pursuant to the Verification Annex and in accordance with an agreed rate and sequence of destruction (hereinafter referred to as "order of destruction"). Such destruction shall begin no later than one year after this Convention enters into force for it and shall finish not later than 10 years after entry into force of this Convention. A State Party is not precluded from destroying such facilities at a faster rate.
9.Each State Party shall:
(a)Submit detailed plans for destruction of chemical weapons production facilities specified in paragraph 1, not later than 180 days before the destruction of each facility begins;
(b)Submit declarations annually regarding the implementation of its plans for the destruction of all chemical weapons production facilities specified in paragraph 1, not later than 90 days after the end of each annual destruction period; and
(c)Certify, not later than 30 days after the destruction process has been completed, that all chemical weapons production facilities specified in paragraph 1 have been destroyed.
10.If a State ratifies or accedes to this Convention after the 10-year period for destruction set forth in paragraph 8, it shall destroy chemical weapons production facilities specified in paragraph 1 as soon as possible. The order of destruction and procedures for stringent verification for such a State Party shall be determined by the Executive Council.
11.Each State Party, during the destruction of chemical weapons production facilities, shall assign the highest priority to ensuring the safety of people and to protecting the environment. Each State Party shall destroy chemical weapons production facilities in accordance with its national standards for safety and emissions.
12.Chemical weapons production facilities specified in paragraph 1 may be temporarily converted for destruction of chemical weapons in accordance with Part V, paragraphs 18 to 25, of the Verification Annex. Such a converted facility must be destroyed as soon as it is no longer in use for destruction of chemical weapons but, in any case, not later than 10 years after entry into force of this Convention.
13.A State Party may request, in exceptional cases of compelling need, permission to use a chemical weapons production facility specified in paragraph 1 for purposes not prohibited under this Convention. Upon the recommendation of the Executive Council, the Conference of the States Parties shall decide whether or not to approve the request and shall establish the conditions upon which approval is contingent in accordance with Part V, Section D, of the Verification Annex.
14.The chemical weapons production facility shall be converted in such a manner that the converted facility is not more capable of being reconverted into a chemical weapons production facility than any other facility used for industrial, agricultural, research, medical, pharmaceutical, or other peaceful purposes not involving chemicals listed in Schedule 1.
15.All converted facilities shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments in accordance with Part V, Section D, of the Verification Annex.
16.In carrying out verification activities pursuant to this Article and Part V of the Verification Annex, the Organization shall consider measures to avoid unnecessary duplication of bilateral or multilateral agreements on verification of chemical weapons production facilities and their destruction among States Parties.To this end, the Executive Council shall decide to limit the verification to measures complementary to those undertaken pursuant to such a bilateral or multilateral agreement, if it considers that:
(a)Verification provisions of such an agreement are consistent with the verification provisions of this Article and Part V of the Verification Annex;
(b)Implementation of the agreement provides for sufficient assurance of compliance with the relevant provisions of this Convention; and
(c)Parties to the bilateral or multilateral agreement keep the Organization fully informed about their verification activities.
17.If the Executive Council takes a decision pursuant to paragraph 16, the Organization shall have the right to monitor the implementation of the bilateral or multilateral agreement.
18.Nothing in paragraphs 16 and 17 shall affect the obligation of a State Party to make declarations pursuant to Article III, this Article and Part V of the Verification Annex.
19.Each State Party shall meet the costs of destruction of chemical weapons production facilities it is obliged to destroy. It shall also meet the costs of verification under this Article unless the Executive Council decides otherwise. If the Executive Council decides to limit verification measures of the Organization pursuant to paragraph 16, the costs of complementary verification and monitoring by the Organization shall be paid in accordance with the United Nations scale of assessment, as specified in Article VIII, paragraph 7.
Article VI
Activities not prohibited under this Convention
1.Each State Party has the right, subject to the provisions of this Convention, to develop, produce, otherwise acquire, retain, transfer, and use toxic chemicals and their precursors for purposes not prohibited under this Convention.
2.Each State Party shall adopt the necessary measures to ensure that toxic chemicals and their precursors are only developed, produced, otherwise acquired, retained, transferred, or used within its territory or in any other place under its jurisdiction or control for purposes not prohibited under this Convention. To this end, and in order to verify that activities are in accordance with obligations under this Convention, each State Party shall subject toxic chemicals and their precursors listed in Schedules 1, 2 and 3 of the Annex on Chemicals, facilities related to such chemicals, and other facilities as specified in the Verification Annex, that are located on its territory or in any other place under its jurisdiction or control, to verification measures as provided in the Verification Annex.
3.Each State Party shall subject chemicals listed in Schedule 1 (hereinafter referred to as "Schedule 1 chemicals") to the prohibitions on production, acquisition, retention, transfer and use as specified in Part VI of the Verification Annex. It shall subject Schedule 1 chemicals and facilities specified in Part VI of the Verification Annex to systematic verification through on-site inspection and monitoring with on-site instruments in accordance with that Part of the Verification Annex.
4.Each State Party shall subject chemicals listed in Schedule 2 (hereinafter referred to as "Schedule 2 chemicals") and facilities specified in Part VII of the Verification Annex to data monitoring and on-site verification in accordance with that Part of the Verification Annex.
5.Each State Party shall subject chemicals listed in Schedule 3 (hereinafter referred to as "Schedule 3 chemicals") and facilities specified in Part VIII of the Verification Annex to data monitoring and on-site verification in accordance with that Part of the Verification Annex.
6.Each State Party shall subject facilities specified in Part IX of the Verification Annex to data monitoring and eventual on-site verification in accordance with that Part of the Verification Annex unless decided otherwise by the Conference of the States Parties pursuant to Part IX, paragraph 22, of the Verification Annex.
7.Not later than 30 days after this Convention enters into force for it, each State Party shall make an initial declaration on relevant chemicals and facilities in accordance with the Verification Annex.
8.Each State Party shall make annual declarations regarding the relevant chemicals and facilities in accordance with the Verification Annex.
9.For the purpose of on-site verification, each State Party shall grant to the inspectors access to facilities as required in the Verification Annex.
10.In conducting verification activities, the Technical Secretariat shall avoid undue intrusion into the State Party’s chemical activities for purposes not prohibited under this Convention and, in particular, abide by the provisions set forth in the Annex on the Protection of Confidential Information (hereinafter referred to as "Confidentiality Annex").
11.The provisions of this Article shall be implemented in a manner which avoids hampering the economic or technological development of States Parties, and international cooperation in the field of chemical activities for purposes not prohibited under this Convention including the international exchange of scientific and technical information and chemicals and equipment for the production, processing, or use of chemicals for purposes not prohibited under this Convention.
Article VII
National implementation measures
General undertakings
1.Each State Party shall, in accordance with its constitutional processes, adopt the necessary measures to implement its obligations under this Convention. In particular, it shall:
(a)Prohibit natural and legal persons anywhere on its territory or in any other place under its jurisdiction as recognized by international law from undertaking any activity prohibited to a State Party under this Convention, including enacting penal legislation with respect to such activity;
(b)Not permit in any place under its control any activity prohibited to a State Party under this Convention; and
(c)Extend its penal legislation enacted under subparagraph (a) to any activity prohibited to a State Party under this Convention undertaken anywhere by natural persons, possessing its nationality, in conformity with international law.
2.Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance to facilitate the implementation of the obligations under paragraph 1.
3.Each State Party, during the implementation of its obligations under this Convention, shall assign the highest priority to ensuring the safety of people and to protecting the environment, and shall cooperate as appropriate with other States Parties in this regard.
Relations between the State Party and the Organization
4.In order to fulfil its obligations under this Convention, each State Party shall designate or establish a National Authority to serve as the national focal point for effective liaison with the Organization and other States Parties. Each State Party shall notify the Organization of its National Authority at the time that this Convention enters into force for it.
5.Each State Party shall inform the Organization of the legislative and administrative measures taken to implement this Convention.
6.Each State Party shall treat as confidential and afford special handling to information and data that it receives in confidence from the Organization in connection with the implementation of this Convention.It shall treat such information and data exclusively in connection with its rights and obligations under this Convention and in accordance with the provisions set forth in the Confidentiality Annex.
7.Each State Party undertakes to cooperate with the Organization in the exercise of all its functions and in particular to provide assistance to the Technical Secretariat.
Article VIII
The Organization
A – General provisions
1.The States Parties to this Convention hereby establish the Organization for the Prohibition of Chemical Weapons to achieve the object and purpose of this Convention, to ensure the implementation of its provisions, including those for international verification of compliance with it, and to provide a forum for consultation and cooperation among States Parties.
2.All States Parties to this Convention shall be members of the Organization. A State Party shall not be deprived of its membership in the Organization.
3.The seat of the Headquarters of the Organization shall be The Hague, Kingdom of the Netherlands.
4.There are hereby established as the organs of the Organization: the Conference of the States Parties, the Executive Council, and the Technical Secretariat.
5.The Organization shall conduct its verification activities provided for under this Convention in the least intrusive manner possible consistent with the timely and efficient accomplishment of their objectives. It shall request only the information and data necessary to fulfil its responsibilities under this Convention. It shall take every precaution to protect the confidentiality of information on civil and military activities and facilities coming to its knowledge in the implementation of this Convention and, in particular, shall abide by the provisions set forth in the Confidentiality Annex.
6.In undertaking its verification activities, the Organization shall consider measures to make use of advances in science and technology.
7.The costs of the Organization’s activities shall be paid by States Parties in accordance with the United Nations scale of assessment adjusted to take into account differences in membership between the United Nations and this Organization, and subject to the provisions of Articles IV and V. Financial contributions of States Parties to the Preparatory Commission shall be deducted in an appropriate way from their contributions to the regular budget. The budget of the Organization shall comprise two separate chapters, one relating to administrative and other costs, and one relating to verification costs.
8.A member of the Organization which is in arrears in the payment of its financial contribution to the Organization shall have no vote in the Organization if the amount of its arrears equals or exceeds the amount of the contribution due from it for the preceding two full years. The Conference of the States Parties may, nevertheless, permit such a member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the member.
B – The Conference of the States Parties
Composition, procedures and decision-making
9.The Conference of the States Parties (hereinafter referred to as "the Conference") shall be composed of all members of this Organization. Each member shall have one representative in the Conference, who may be accompanied by alternates and advisers.
10.The first session of the Conference shall be convened by the depositary not later than 30 days after the entry into force of this Convention.
11.The Conference shall meet in regular sessions which shall be held annually unless it decides otherwise.
12.Special sessions of the Conference shall be convened:
(a)When decided by the Conference;
(b)When requested by the Executive Council;
(c)When requested by any member and supported by one third of the members; or
(d)In accordance with paragraph 22 to undertake reviews of the operation of this Convention.
Except in the case of subparagraph (d), the special session shall be convened not later than 30 days after receipt of the request by the Director-General of the Technical Secretariat, unless specified otherwise in the request.
13.The Conference shall also be convened in the form of an Amendment Conference in accordance with Article XV, paragraph 2.
14.Sessions of the Conference shall take place at the seat of the Organization unless the Conference decides otherwise.
15.The Conference shall adopt its rules of procedure. At the beginning of each regular session, it shall elect its Chairman and such other officers as may be required. They shall hold office until a new Chairman and other officers are elected at the next regular session.
16.A majority of the members of the Organization shall constitute a quorum for the Conference.
17.Each member of the Organization shall have one vote in the Conference.
18.The Conference shall take decisions on questions of procedure by a simple majority of the members present and voting. Decisions on matters of substance should be taken as far as possible by consensus. If consensus is not attainable when an issue comes up for decision, the Chairman shall defer any vote for 24 hours and during this period of deferment shall make every effort to facilitate achievement of consensus and shall report to the Conference before the end of this period. If consensus is not possible at the end of 24 hours, the Conference shall take the decision by a two-thirds majority of members present and voting unless specified otherwise in this Convention. When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless otherwise decided by the Conference by the majority required for decisions on matters of substance.
Powers and functions
19.The Conference shall be the principal organ of the Organization. It shall consider any questions, matters or issues within the scope of this Convention, including those relating to the powers and functions of the Executive Council and the Technical Secretariat. It may make recommendations and take decisions on any questions, matters or issues related to this Convention raised by a State Party or brought to its attention by the Executive Council.
20.The Conference shall oversee the implementation of this Convention, and act in order to promote its object and purpose. The Conference shall review compliance with this Convention. It shall also oversee the activities of the Executive Council and the Technical Secretariat and may issue guidelines in accordance with this Convention to either of them in the exercise of their functions.
21.The Conference shall:
(a)Consider and adopt at its regular sessions the report, programme and budget of the Organization, submitted by the Executive Council, as well as consider other reports;
(b)Decide on the scale of financial contributions to be paid by States Parties in accordance with paragraph 7;
(c)Elect the members of the Executive Council;
(d)Appoint the Director-General of the Technical Secretariat (hereinafter referred to as "the Director-General");
(e)Approve the rules of procedure of the Executive Council submitted by the latter;
(f)Establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this Convention;
(g)Foster international cooperation for peaceful purposes in the field of chemical activities;
(h)Review scientific and technological developments that could affect the operation of this Convention and, in this context, direct the Director-General to establish a Scientific Advisory Board to enable him, in the performance of his functions, to render specialized advice in areas of science and technology relevant to this Convention, to the Conference, the Executive Council or States Parties. The Scientific Advisory Board shall be composed of independent experts appointed in accordance with terms of reference adopted by the Conference;
(i)Consider and approve at its first session any draft agreements, provisions and guidelines developed by the Preparatory Commission;
(j)Establish at its first session the voluntary fund for assistance in accordance with Article X;
(k)Take the necessary measures to ensure compliance with this Convention and to redress and remedy any situation which contravenes the provisions of this Convention, in accordance with Article XII.
22.The Conference shall not later than one year after the expiry of the fifth and the tenth year after the entry into force of this Convention, and at such other times within that time period as may be decided upon, convene in special sessions to undertake reviews of the operation of this Convention. Such reviews shall take into account any relevant scientific and technological developments. At intervals of five years thereafter, unless otherwise decided upon, further sessions of the Conference shall be convened with the same objective.
C – The Executive Council
Composition, procedure and decision-making
23.The Executive Council shall consist of 41 members. Each State Party shall have the right, in accordance with the principle of rotation, to serve on the Executive Council. The members of the Executive Council shall be elected by the Conference for a term of two years. In order to ensure the effective functioning of this Convention, due regard being specially paid to equitable geographical distribution, to the importance of chemical industry, as well as to political and security interests, the Executive Council shall be composed as follows:
(a)Nine States Parties from Africa to be designated by States Parties located in this region. As a basis for this designation, it is understood that, out of these nine States Parties, three members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these three members;
(b)Nine States Parties from Asia to be designated by States Parties located in this region. As a basis for this designation, it is understood that, out of these nine States Parties, four members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these four members;
(c)Five States Parties from Eastern Europe to be designated by States Parties located in this region. As a basis for this designation, it is understood that, out of these five States Parties, one member shall, as a rule, be the State Party with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating this one member;
(d)Seven States Parties from Latin America and the Caribbean to be designated by States Parties located in this region. As a basis for this designation, it is understood that, out of these seven States Parties, three members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these three members;
(e)Ten States Parties from among Western European and other States to be designated by States Parties located in this region. As a basis for this designation, it is understood that, out of these 10 States Parties, 5 members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these five members;
(f)One further State Party to be designated consecutively by States Parties located in the regions of Asia and Latin America and the Caribbean. As a basis for this designation, it is understood that this State Party shall be a rotating member from these regions.
24.For the first election of the Executive Council 20 members shall be elected for a term of one-year, due regard being paid to the established numerical proportions as described in paragraph 23.
25.After the full implementation of Articles IV and V the Conference may, upon the request of a majority of the members of the Executive Council, review the composition of the Executive Council taking into account developments related to the principles specified in paragraph 23 that are governing its composition.
26.The Executive Council shall elaborate its rules of procedure and submit them to the Conference for approval.
27.The Executive Council shall elect its Chairman from among its members.
28.The Executive Council shall meet for regular sessions. Between regular sessions it shall meet as often as may be required for the fulfilment of its powers and functions.
29.Each member of the Executive Council shall have one vote. Unless otherwise specified in this Convention, the Executive Council shall take decisions on matters of substance by a two-thirds majority of all its members. The Executive Council shall take decisions on questions of procedure by a simple majority of all its members. When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless otherwise decided by the Executive Council by the majority required for decisions on matters of substance.
Powers and functions
30.The Executive Council shall be the executive organ of the Organization. It shall be responsible to the Conference. The Executive Council shall carry out the powers and functions entrusted to it under this Convention, as well as those functions delegated to it by the Conference. In so doing, it shall act in conformity with the recommendations, decisions and guidelines of the Conference and assure their proper and continuous implementation.
31.The Executive Council shall promote the effective implementation of, and compliance with, this Convention. It shall supervise the activities of the Technical Secretariat, cooperate with the National Authority of each State Party and facilitate consultations and cooperation among States Parties at their request.
32.The Executive Council shall:
(a)Consider and submit to the Conference the draft programme and budget of the Organization;
(b)Consider and submit to the Conference the draft report of the Organization on the implementation of this Convention, the report on the performance of its own activities and such special reports as it deems necessary or which the Conference may request;
(c)Make arrangements for the sessions of the Conference including the preparation of the draft agenda.
33.The Executive Council may request the convening of a special session of the Conference.
34.The Executive Council shall:
(a)Conclude agreements or arrangements with States and international organizations on behalf of the Organization, subject to prior approval by the Conference;
(b)Conclude agreements with States Parties on behalf of the Organization in connection with Article X and supervise the voluntary fund referred to in Article X;
(c)Approve agreements or arrangements relating to the implementation of verification activities, negotiated by the Technical Secretariat with States Parties.
35.The Executive Council shall consider any issue or matter within its competence affecting this Convention and its implementation, including concerns regarding compliance, and cases of noncompliance, and, as appropriate, inform States Parties and bring the issue or matter to the attention of the Conference.
36.In its consideration of doubts or concerns regarding compliance and cases of non-compliance, including, inter alia, abuse of the rights provided for under this Convention, the Executive Council shall consult with the States Parties involved and, as appropriate, request the State Party to take measures to redress the situation within a specified time. To the extent that the Executive Council considers further action to be necessary, it shall take, inter alia, one or more of the following measures:
(a)Inform all States Parties of the issue or matter;
(b)Bring the issue or matter to the attention of the Conference;
(c)Make recommendations to the Conference regarding measures to redress the situation and to ensure compliance.
The Executive Council shall, in cases of particular gravity and urgency, bring the issue or matter, including relevant information and conclusions, directly to the attention of the United Nations General Assembly and the United Nations Security Council. It shall at the same time inform all States Parties of this step.
D – The Technical Secretariat
37.The Technical Secretariat shall assist the Conference and the Executive Council in the performance of their functions. The Technical Secretariat shall carry out the verification measures provided for in this Convention. It shall carry out the other functions entrusted to it under this Convention as well as those functions delegated to it by the Conference and the Executive Council.
38.The Technical Secretariat shall:
(a)Prepare and submit to the Executive Council the draft programme and budget of the Organization;
(b)Prepare and submit to the Executive Council the draft report of the Organization on the implementation of this Convention and such other reports as the Conference or the Executive Council may request;
(c)Provide administrative and technical support to the Conference, the Executive Council, and subsidiary organs;
(d)Address and receive communications on behalf of the Organization to and from States Parties on matters pertaining to the implementation of this Convention;
(e)Provide technical assistance and technical evaluation to States Parties in the implementation of the provisions of this Convention, including evaluation of scheduled and unscheduled chemicals.
39.The Technical Secretariat shall:
(a)Negotiate agreements or arrangements relating to the implementation of verification activities with States Parties, subject to approval by the Executive Council;
(b)Not later than 180 days after entry into force of this Convention, coordinate the establishment and maintenance of permanent stockpiles of emergency and humanitarian assistance by States Parties in accordance with Article X, paragraphs 7 (b) and (c). The Technical Secretariat may inspect the items maintained for serviceability. Lists of items to be stockpiled shall be considered and approved by the Conference pursuant to paragraph 21 (i) above;
(c)Administer the voluntary fund referred to in Article X, compile declarations made by the States Parties and register, when requested, bilateral agreements concluded between States Parties or between a State Party and the Organization for the purposes of Article X.
40.The Technical Secretariat shall inform the Executive Council of any problem that has arisen with regard to the discharge of its functions, including doubts, ambiguities, or uncertainties about compliance with this Convention that have come to its notice in the performance of its verification activities and that it has been unable to resolve or clarify through its consultations with the State Party concerned.
41.The Technical Secretariat shall comprise a Director-General, who shall be its head and chief administrative officer, inspectors and such scientific, technical, and other personnel as may be required.
42.The Inspectorate shall be a unit of the Technical Secretariat and shall act under the supervision of the Director-General.
43.The Director-General shall be appointed by the Conference upon the recommendation of the Executive Council for a term of four years, renewable for one further term, but not thereafter.
44.The Director-General shall be responsible to the Conference and the Executive Council for the appointment of the staff and the organization and functioning of the Technical Secretariat. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Only citizens of States Parties shall serve as the Director-General, as inspectors or as other members of the professional and clerical staff. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible. Recruitment shall be guided by the principle that the staff shall be kept to a minimum necessary for the proper discharge of the responsibilities of the Technical Secretariat.
45.The Director-General shall be responsible for the organization and functioning of the Scientific Advisory Board referred to in paragraph 21 (h). The Director-General shall, in consultation with States Parties, appoint members of the Scientific Advisory Board, who shall serve in their individual capacity. The members of the Board shall be appointed on the basis of their expertise in the particular scientific fields relevant to the implementation of this Convention. The Director-General may also, as appropriate, in consultation with members of the Board, establish temporary working groups of scientific experts to provide recommendations on specific issues. In regard to the above, States Parties may submit lists of experts to the Director-General.
46.In the performance of their duties, the Director-General, the inspectors, and the other members of the staff shall not seek or receive instructions from any Government or from any other source external to the Organization. They shall refrain from any action that might reflect on their positions as international officers responsible only to the Conference and the Executive Council.
47.Each State Party shall respect the exclusively international character of the responsibilities of the Director-General, the inspectors and the other members of the staff and not seek to influence them in the discharge of their responsibilities.
E – Privileges and immunities
48.The Organization shall enjoy on the territory and in any other place under the jurisdiction or control of a State Party such legal capacity and such privileges and immunities as are necessary for the exercise of its functions.
49.Delegates of States Parties, together with their alternates and advisers, representatives appointed to the Executive Council together with their alternates and advisers, the Director-General and the staff of the Organization shall enjoy such privileges and immunities as are necessary in the independent exercise of their functions in connection with the Organization.
50.The legal capacity, privileges, and immunities referred to in this Article shall be defined in agreements between the Organization and the States Parties as well as in an agreement between the Organization and the State in which the headquarters of the Organization is seated. These agreements shall be considered and approved by the Conference pursuant to paragraph 21 (i).
51.Notwithstanding paragraphs 48 and 49, the privileges and immunities enjoyed by the Director-General and the staff of the Technical Secretariat during the conduct of verification activities shall be those set forth in Part II, Section B, of the Verification Annex.
Article IX
Consultations, cooperation and fact-finding
1.States Parties shall consult and cooperate, directly among themselves, or through the Organization or other appropriate international procedures, including procedures within the framework of the United Nations and in accordance with its Charter, on any matter which may be raised relating to the object and purpose, or the implementation of the provisions, of this Convention.
2.Without prejudice to the right of any State Party to request a challenge inspection, States Parties should, whenever possible, first make every effort to clarify and resolve, through exchange of information and consultations among themselves, any matter which may cause doubt about compliance with this Convention, or which gives rise to concerns about a related matter which may be considered ambiguous. A State Party which receives a request from another State Party for clarification of any matter which the requesting State Party believes causes such a doubt or concern shall provide the requesting State Party as soon as possible, but in any case, not later than 10 days after the request, with information sufficient to answer the doubt or concern raised along with an explanation of how the information provided resolves the matter. Nothing in this Convention shall affect the right of any two or more States Parties to arrange by mutual consent for inspections or any other procedures among themselves to clarify and resolve any matter which may cause doubt about compliance or gives rise to a concern about a related matter which may be considered ambiguous. Such arrangements shall not affect the rights and obligations of any State Party under other provisions of this Convention.
Procedure for requesting clarification
3.A State Party shall have the right to request the Executive Council to assist in clarifying any situation which may be considered ambiguous, or which gives rise to a concern about the possible non-compliance of another State Party with this Convention. The Executive Council shall provide appropriate information in its possession relevant to such a concern.
4.A State Party shall have the right to request the Executive Council to obtain clarification from another State Party on any situation which may be considered ambiguous, or which gives rise to a concern about its possible non-compliance with this Convention. In such a case, the following shall apply:
(a)The Executive Council shall forward the request for clarification to the State Party concerned through the Director-General not later than 24 hours after its receipt;
(b)The requested State Party shall provide the clarification to the Executive Council as soon as possible, but in any case, not later than 10 days after the receipt of the request;
(c)The Executive Council shall take note of the clarification and forward it to the requesting State Party not later than 24 hours after its receipt;
(d)If the requesting State Party deems the clarification to be inadequate, it shall have the right to request the Executive Council to obtain from the requested State Party further clarification;
(e)For the purpose of obtaining further clarification requested under subparagraph (d), the Executive Council may call on the Director-General to establish a group of experts from the Technical Secretariat, or if appropriate staff are not available in the Technical Secretariat, from elsewhere, to examine all available information and data relevant to the situation causing the concern. The group of experts shall submit a factual report to the Executive Council on its findings;
(f)If the requesting State Party considers the clarification obtained under subparagraphs (d) and (e) to be unsatisfactory, it shall have the right to request a special session of the Executive Council in which States Parties involved that are not members of the Executive Council shall be entitled to take part. In such a special session, the Executive Council shall consider the matter and may recommend any measure it deems appropriate to resolve the situation.
5.A State Party shall also have the right to request the Executive Council to cla