Chemical Weapons (Prohibition) Act 1994

Subsection 7(1) (definition of “Convention”)

Page Preamble 2 I. General Obligations 2 II. Definitions and Criteria 3 III. Declarations 5 IV. Chemical Weapons 7 V. Chemical Weapons Production Facilities 9 V

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, includi

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

RECOGNIZING that this Convention reaffirms principles and objectives of and obligations assumed under the Geneva Protocol of 1925, and the Convention on the Pro

BEARING IN MIND the objective contained in Article IX of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Bi

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 th

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 a

CONVINCED that the complete and effective prohibition of the development, production, acquisition, stockpiling, retention, transfer and use of chemical weapons,

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 accordan

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 C

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 jurisdicti

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 consi

(b) munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (a

(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

(For the purpose of implementing this Convention, toxic chemicals which have been identified for the application of verification measures are listed in Schedule

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 mul

(For the purpose of implementing this Convention, precursors which have been identified for the application of verification measures are listed in Schedules con

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

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

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 St

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

(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

(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

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 operation

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 che

(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 whic

(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 it

(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 a

(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 su

(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,

(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 Verifi

(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

(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), pa

(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 un

(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

(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 b

(iv) declare whether it has transferred or received, directly or indirectly, any equipment for the production of chemical weapons since 1 January 1946 and speci

(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 jurisdi

(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 jurisdi

(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 un

(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

(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 purp

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 chemi

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

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 inspecti

4. Each State Party shall, immediately after the declaration under Article III, paragraph 1, has been submitted, provide access to chemical weapons specified in

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

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 se

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,

(b) submit declarations annually regarding the implementation of its plans for destruction of chemical weapons specified in paragraph 1, not later than 60 days

(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 specif

9. Any chemical weapons discovered by a State Party after the initial declaration of chemical weapons shall be reported, secured and destroyed in accordance wit

10. Each State Party, during transportation, sampling, storage and destruction of chemical weapons, shall assign the highest priority to ensuring the safety of

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 jurisdi

12. Each State Party undertakes to cooperate with other States Parties that request information or assistance on a bilateral basis or through the Technical Secr

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

To this end, the Executive Council shall decide to limit verification to measures complementary to those undertaken pursuant to such a bilateral or multilateral

(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

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

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 a

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 chem

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

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 wit

4. Each State Party shall cease immediately all activity at chemical weapons production facilities specified in paragraph 1, except activity required for closur

5. No State Party shall construct any new chemical weapons production facilities or modify any existing facilities for the purpose of chemical weapons productio

6. Each State Party shall, immediately after the declaration under Article III, paragraph 1(c), has been submitted, provide access to chemical weapons productio

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 accord

(b) provide access to chemical weapons production facilities specified in paragraph 1, subsequent to closure, for the purpose of systematic verification through

8. Each State Party shall destroy all chemical weapons production facilities specified in paragraph 1 and related facilities and equipment, pursuant to the Veri

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

(b) submit declarations annually regarding the implementation of its plans for the destruction of all chemical weapons production facilities specified in paragr

(c) certify, not later than 30 days after the destruction process has been completed, that all chemical weapons production facilities specified in paragraph 1 h

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 produ

11. Each State Party, during the destruction of chemical weapons production facilities, shall assign the highest priority to ensuring the safety of people and t

12. Chemical weapons production facilities specified in paragraph 1 may be temporarily converted for destruction of chemical weapons in accordance with Part V,

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 pu

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 che

15. All converted facilities shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments in accordance with P

16. In carrying out verification activities pursuant to this Article and Part V of the Verification Annex, the Organization shall consider measures to avoid unn

To this end, the Executive Council shall decide to limit the verification to measures complementary to those undertaken pursuant to such a bilateral or multilat

(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

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 Ve

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 ver

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 chemical

2. Each State Party shall adopt the necessary measures to ensure that toxic chemicals and their precursors are only developed, produced, otherwise acquired, ret

3. Each State Party shall subject chemicals listed in Schedule 1 (hereinafter referred to as “Schedule 1 chemicals”) to the prohibitions on production, acquisit

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

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 th

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 w

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 facilitie

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 pro

11. The Provisions of this Article shall be implemented in a manner which avoids hampering the economic or technological development of States Parties and inter

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

(a) prohibit natural and legal persons anywhere on its territory or in any other place under its jurisdiction as recognized by international law from undertakin

(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

2. Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance to facilitate the implementation of the obliga

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

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 p

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 conn

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

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 Con

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 time

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 ac

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 t

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 h

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

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 r

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 shou

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, inc

20. The Conference shall oversee the implementation of this Convention, and act in order to promote its object and purpose. The Conference shall review complian

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 oth

(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 est

(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 Conve

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 oth

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 Exec

(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 the

(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

(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, ou

(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 u

(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 i

(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

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 propo

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 co

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 fulfillment of its powers

29. Each member of the Executive Council shall have one vote. Unless otherwise specified in this Convention, the Executive Council shall take decisions on matte

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

31. The Executive Council shall promote the effective implementation of, and compliance with, this Convention. It shall supervise the activities of the Technica

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 ow

(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 regardin

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 t

(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

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

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 Conf

(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

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 Cou

(b) not later than 180 days after entry into force of this Convention, coordinate the establishment and maintenance of permanent stockpiles of emergency and hum

(c) administer the voluntary fund referred to in Article X, compile declarations made by the States Parties and register, when requested, bilateral agreements c

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,

41. The Technical Secretariat shall comprise a Director-General, who shall be its head and chief administrative officer, inspectors and such scientific, technic

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 furth

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

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

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

47. Each State Party shall respect the exclusively international character of the responsibilities of the Director-General, the inspectors and the other members

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 privile

49. Delegates of States Parties, together with their alternates and advisers, representatives appointed to the Executive Council together with their alternates

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

51. Notwithstanding paragraphs 48 and 49, the privileges and immunities enjoyed by the Director-General and the staff of the Technical Secretariat during the co

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 p

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 cla

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 ri

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

(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 it

(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 rec

(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 requeste

(e) for the purpose of obtaining further clarification requested under subparagraph (d), the Executive Council may call on the Director-General to establish a g

(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

5. A State Party shall also have the right to request the Executive Council to clarify any situation which has been considered ambiguous or has given rise to a

6. The Executive Council shall inform the States Parties about any request for clarification provided in this Article.

7. If the doubt or concern of a State Party about a possible non-compliance has not been resolved within 60 days after the submission of the request for clarifi

Procedures for Challenge Inspections

8. Each State Party has the right to request an on-site challenge inspection of any facility or location in the territory or in any other place under the jurisd

9. Each State Party is under the obligation to keep the inspection request within the scope of this Convention and to provide in the inspection request all appr

10. For the purpose of verifying compliance with the provisions of this Convention, each State Party shall permit the Technical Secretariat to conduct the on-si

11. Pursuant to a request for a challenge inspection of a facility or location, and in accordance with the procedures provided for in the Verification Annex, th

(a) the right and the obligation to make every reasonable effort to demonstrate its compliance with this Convention and, to this end, to enable the inspection t

(b) the obligation to provide access within the requested site for the sole purpose of establishing facts relevant to the concern regarding possible non-complia

(c) the right to take measures to protect sensitive installations, and to prevent disclosure of confidential information and data, not related to this Conventio

12. With regard to an observer, the following shall apply:

(a) The requesting State Party may, subject to the agreement of the inspected State Party, send a representative who may be a national either of the requesting

(b) The inspected State Party shall then grant access to the observer in accordance with the Verification Annex.

(c) The inspected State Party shall, as a rule, accept the proposed observer, but if the inspected State Party exercises a refusal, that fact shall be recorded

13. The requesting State Party shall present an inspection request for an on-site challenge inspection to the Executive Council and at the same time to the Dire

14. The Director-General shall immediately ascertain that the inspection request meets the requirements specified in Part X, paragraph 4, of the Verification An

15. The Director-General shall transmit the inspection request to the inspected State Party not less than 12 hours before the planned arrival of the inspection

16. After having received the inspection request, the Executive Council shall take cognizance of the Director-General’s actions on the request and shall keep th

17. The Executive Council may, not later than 12 hours after having received the inspection request, decide by a three-quarter majority of all its members again

18. The Director-General shall issue an inspection mandate for the conduct of the challenge inspection. The inspection mandate shall be the inspection request r

19. The challenge inspection shall be conducted in accordance with Part X or, in the case of alleged use, in accordance with Part XI of the Verification Annex.

20. The inspected State Party shall assist the inspection team throughout the challenge inspection and facilitate its task. If the inspected State Party propose

21. The final report shall contain the factual findings as well as an assessment by the inspection team of the degree and nature of access and cooperation grant

22. The Executive Council shall, in accordance with its powers and functions, review the final report of the inspection team as soon as it is presented, and add

(a) whether any non-compliance has occurred;

(b) whether the request had been within the scope of this Convention; and

(c) whether the right to request a challenge inspection had been abused.

23. If the Executive Council reaches the conclusion, in keeping with its powers and functions, that further action may be necessary with regard to paragraph 22,

24. The requesting State Party and the inspected State Party shall have the right to participate in the review process. The Executive Council shall inform the S

25. If the Executive Council has made specific recommendations to the Conference, the Conference shall consider action in accordance with Article XII.

Article X

Assistance and protection against chemical weapons

1. For the purposes of this Article, “Assistance” means the coordination and delivery to State Parties of protection against chemical weapons, including, inter

2. Nothing in this Convention shall be interpreted as impeding the right of any State Party to conduct research into, develop, produce, acquire, transfer or use

3. Each State Party undertakes to facilitate, and shall have the right to participate in, the fullest possible exchange of equipment, material and scientific an

4. For the purposes of increasing the transparency of national programmes related to protective purposes, each State Party shall provide annually to the Technic

5. The Technical Secretariat shall establish, not later than 180 days after entry into force of this Convention and maintain, for the use of any requesting Stat

The Technical Secretariat shall also, within the resources available to it, and at the request of a State Party, provide expert advice and assist the State Part

6. Nothing in this Convention shall be interpreted as impeding the right of States Parties to request and provide assistance bilaterally and to conclude individ

7. Each State Party undertakes to provide assistance through the Organization and to this end to elect to take one or more of the following measures:

(a) to contribute to the voluntary fund for assistance to be established by the Conference at its first session;

(b) to conclude, if possible not later than 180 days after this Convention enters into force for it, agreements with the Organization concerning the procurement

(c) to declare, not later than 180 days after this Convention enters into force for it, the kind of assistance it might provide in response to an appeal by the

8. Each State Party has the right to request and, subject to the procedures set forth in paragraphs 9, 10 and 11, to receive assistance and protection against t

(a) chemical weapons have been used against it;

(b) riot control agents have been used against it as a method of warfare; or

(c) it is threatened by actions or activities of any State that are prohibited for States Parties by Article I.

9. The request, substantiated by relevant information, shall be submitted to the Director-General, who shall transmit it immediately to the Executive Council an

10. The Executive Council shall meet not later than 24 hours after receiving an investigation report to consider the situation and shall take a decision by simp

11. If the information available from the ongoing investigation or other reliable sources would give sufficient proof that there are victims of use of chemical

Article XI

Economic and technological development

1. The provisions of this Convention shall be implemented in a manner which avoids hampering the economic or technological development of States Parties, and in

2. Subject to the provisions of this Convention and without prejudice to the principles and applicable rules of international law, the States Parties shall:

(a) have the right, individually or collectively, to conduct research with, to develop, produce, acquire, retain, transfer, and use chemicals;

(b) undertake to facilitate, and have the right to participate in, the fullest possible exchange of chemicals, equipment and scientific and technical informatio

(c) not maintain among themselves any restrictions, including those in any international agreements, incompatible with the obligations undertaken under this Con

(d) not use this Convention as grounds for applying any measures other than those provided for, or permitted, under this Convention nor use any other internatio

(e) undertake to review their existing national regulations in the field of trade in chemicals in order to render them consistent with the object and purpose of

Article XII

Measures to redress a situation and to ensure compliance, including sanctions

1. The Conference shall take the necessary measures, as set forth in paragraphs 2, 3 and 4, to ensure compliance with this Convention and to redress and remedy

2. In cases where a State Party has been requested by the Executive Council to take measures to redress a situation raising problems with regard to its complian

3. In cases where serious damage to the object and purpose of this Convention may result from activities prohibited under this Convention, in particular by Arti

4. The Conference shall in cases of particular gravity, bring the issue, including relevant information and conclusions, to the attention of the United Nations

Article XIII

Relation to other international agreements

Nothing in this Convention shall be interpreted as in any way limiting or detracting from the obligations assumed by any State under the Protocol for the Prohib

Article XIV

Settlement of disputes

1. Disputes that may arise concerning the application or the interpretation of this Convention shall be settled in accordance with the relevant provisions of th

2. When a dispute arises between two or more States Parties, or between one or more States Parties and the Organization, relating to the interpretation or appli

3. The Executive Council may contribute to the settlement of a dispute by whatever means it deems appropriate, including offering its good offices, calling upon

4. The Conference shall consider questions related to disputes raised by States Parties or brought to its attention by the Executive Council. The Conference sha

5. The Conference and the Executive Council are separately empowered, subject to authorization from the General Assembly of the United Nations, to request the I

6. This Article is without prejudice to Article IX or to the provisions on measures to redress a situation and to ensure compliance, including sanctions.

Article XV

Amendments

1. Any State Party may propose amendments to this Convention. Any State Party may also propose changes, as specified in paragraph 4, to the Annexes of this Conv

2. The text of a proposed amendment shall be submitted to the Director-General for circulation to all States Parties and to the Depositary. The proposed amendme

3. Amendments shall enter into force for all States Parties 30 days after deposit of the instruments of ratification or acceptance by all the States Parties ref

(a) when adopted by the Amendment Conference by a positive vote of a majority of all States Parties with no State Party casting a negative vote; and

(b) ratified or accepted by all those States Parties casting a positive vote at the Amendment Conference.

4. In order to ensure the viability and the effectiveness of this Convention, provisions in the Annexes shall be subject to changes in accordance with paragraph

5. Proposed changes referred to in paragraph 4 shall be made in accordance with the following procedures:

(a) the text of the proposed changes shall be transmitted together with the necessary information to the Director-General. Additional information for the evalua

(b) not later than 60 days after its receipt, the Director-General shall evaluate the proposal to determine all its possible consequences for the provisions of

(c) the Executive Council shall examine the proposal in the light of all information available to it, including whether the proposal fulfils the requirements of

(d) if the Executive Council recommends to all States Parties that the proposal be adopted, it shall be considered approved if no State Party objects to it with

(e) if a recommendation of the Executive Council does not meet with the acceptance required under subparagraph (d), a decision on the proposal, including whethe

(f) the Director-General shall notify all States Parties and the Depositary of any decision under this paragraph;

(g) changes approved under this procedure shall enter into force for all States Parties 180 days after the date of notification by the Director-General of their

Article XVI

Duration and withdrawal

1. This Convention shall be of unlimited duration.

2. Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Convention if it decides that extraordinary events, rela

3. The withdrawal of a State Party from this Convention shall not in any way effect the duty of States to continue fulfilling the obligations assumed under any

Article XVII

Status of the Annexes

The Annexes form an integral part of this Convention. Any reference to this Convention includes the Annexes.

Article XVIII

Signature

This Convention shall be open for signature for all States before its entry into force.

Article XIX

Ratification

This Convention shall be subject to ratification by States Signatories according to their respective constitutional processes.

Article XX

Accession

Any State which does not sign this Convention before its entry into force may accede to it at any time thereafter.

Article XXI

Entry into force

1. This Convention shall enter into force 180 days after the date of the deposit of the 65th instrument of ratification, but in no case earlier than two years a

2. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Convention, it shall enter into force on t

Article XXII

Reservations

The Articles of this Convention shall not be subject to reservations. The Annexes of this Convention shall not be subject to reservations incompatible with its

Article XXIII

Depositary

The Secretary-General of the United Nations is hereby designated as the Depositary of this Convention and shall, inter alia:

(a) promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession and the

(b) transmit duly certified copies of this Convention to the Governments of all signatory and acceding States; and

(c) register this Convention pursuant to Article 102 of the Charter of the United Nations.

Article XXIV

Authentic texts

This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General o

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.

DONE at Paris on 13 January 1993.

ANNEX ON CHEMICALS

CONTENTS

Page

A. Guidelines for Schedules of Chemicals.......................30

B. Schedules of Chemicals..................................31

A. GUIDELINES FOR SCHEDULES OF CHEMICALS

Guidelines for Schedule 1

1. The following criteria shall be taken into account in considering whether a toxic chemical or precursor should be included in Schedule 1:

(a) it has been developed, produced, stockpiled or used as a chemical weapon as defined in Article II;

(b) it poses otherwise a high risk to the object and purpose of this Convention by virtue of its high potential for use in activities prohibited under this Conv

(i) it possesses a chemical structure closely related to that of other toxic chemicals listed in Schedule 1, and has, or can be expected to have, comparable pro

(ii) it possesses such lethal or incapacitating toxicity as well as other properties that would enable it to be used as a chemical weapon;

(iii) it may be used as a precursor in the final single technological stage of production of a toxic chemical listed in Schedule 1, regardless of whether this s

(c) it has little or no use for purposes not prohibited under this Convention.

Guidelines for Schedule 2

2. The following criteria shall be taken into account in considering whether a toxic chemical not listed in Schedule 1 or a precursor to a Schedule 1 chemical o

(a) it poses a significant risk to the object and purpose of this Convention because it possesses such lethal or incapacitating toxicity as well as other proper

(b) it may be used as a precursor in one of the chemical reactions at the final stage of formation of a chemical listed in Schedule 1 or Schedule 2, part A;

(c) it poses a significant risk to the object and purpose of this Convention by virtue of its importance in the production of a chemical listed in Schedule 1 or

(d) it is not produced in large commercial quantities for purposes not prohibited under this Convention.

Guidelines for Schedule 3

3. The following criteria shall be taken into account in considering whether a toxic chemical or precursor, not listed in other Schedules, should be included in

(a) it has been produced, stockpiled or used as a chemical weapon;

(b) it poses otherwise a risk to the object and purpose of this Convention because it possesses such lethal or incapacitating toxicity as well as other properti

(c) it poses a risk to the object and purpose of this Convention by virtue of its importance in the production of one or more chemicals listed in Schedule 1 or

(d) it may be produced in large commercial quantities for purposes not prohibited under this Convention.

B. SCHEDULES OF CHEMICALS

The following Schedules list toxic chemicals and their precursors. For the purpose of implementing this Convention, these Schedules identify chemicals for the a

(Whenever reference is made to groups of dialkylated chemicals, followed by a list of alkyl groups in parentheses, all chemicals possible by all possible combin

(1) O-Alkyl (≤ C10, incl. cycloalkyl) alkyl

(Me, Et, n-Pr or i-Pr)- phosphonofluoridates

e.g. Sarin: O-Isopropyl methylphosphonofluoridate (107-44-8)

Soman: O-Pinacolyl methylphosphonofluoridate (96-64-0)

(2) O-Alkyl (≤ C10, incl. cycloalkyl) N,N-dialkyl

(Me, Et, n-Pr or i-Pr) phosphoramidocyanidates

e.g. Tabun: O-Ethyl N,N-dimethyl

phosphoramidocyanidate (77-81-6)

(3) O-Alkyl (H or ≤ C10, incl. cycloalkyl) S-2-dialkyl

(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl

(Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts

e.g. VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate (50782-69-9)

(4) Sulfur mustards:

2-Chloroethylchloromethylsulfide (2625-76-5)

Mustard gas: Bis(2-chloroethyl) sulfide (505-60-2)

Bis(2-chloroethylthio)methane (63869-13-6)

Sesquimustard: 1,2-Bis(2-chloroethylthio) ethane (3563-36-8)

1,3-Bis(2-chloroethylthio)-n-propane (63905-10-2)

1,4-Bis(2-chloroethylthio)-n-butane (142868-93-7)

1,5-Bis(2-chloroethylthio)-n-pentane (142868-94-8)

Bis(2-chloroethylthiomethyl)ether (63918-90-1)

O-Mustard: Bis(2-chloroethylthioethyl) ether (63918-89-8)

(5) Lewisites:

Lewisite 1: 2-Chlorovinyldichloroarsine (541-25-3)

Lewisite 2: Bis(2-chlorovinyl)chloroarsine (40334-69-8)

Lewisite 3: Tris(2-chlorovinyl)arsine (40334-70-1)

(6) Nitrogen mustards:

HN1: Bis(2-chloroethyl)ethylamine (538-07-8)

HN2: Bis(2-chloroethyl)methylamine (51-75-2)

HN3: Tris(2-chloroethyl)amine (555-77-1)

(7) Saxitoxin (35523-89-8)

(8) Ricin (9009-86-3)

B. Precursors:

(9) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides

e.g. DF: Methylphosphonyldifluoride (676-99-3)

(10) O-Alkyl (H or ≤ C10, incl. cycloalkyl) O-2-dialkyl

(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl

(Me, Et, N-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts

e.g. QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite (57856-11-8)

(11) Chlorosarin: O-Isopropyl methylphosphonochloridate (1445-76-7)

(12) Chlorosoman: O-Pinacolyl methylphosphonochloridate (7040-57-5)

Schedule 2

A. Toxic chemicals:

(1) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]phosphorothiolate and corresponding alkylated or protonated salts (78-53-5)

(2) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)- 1-propene (382-21-8)

(3) BZ: 3-Quinuclidinyl benzilate (*) (6581-06-2)

B. Precursors:

(4) Chemicals, except for those listed in Schedule 1, containing a phosphorus atom to which is bonded one methyl, ethyl or propyl (normal or iso) group but not

e.g. Methylphosphonyl dichloride (676-97-1)

Dimethyl methylphosphonate (756-79-6)

Exemption: Fonofos: O-Ethyl S-phenyl ethylphosphonothiolothionate (944-22-9)

(5) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides

(6) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidates

(7) Arsenic trichloride (7784-34-1)

(8) 2,2-Diphenyl-2-hydroxyacetic acid (76-93-7)

(9) Quinuclidine-3-ol (1619-34-7)

(10) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides and corresponding protonated salts

(11) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and corresponding protonated salts

Exemptions: N,N-Dimethylaminoethanol and corresponding protonated salts (108-01-0)

N,N-Diethylaminoethanol and corresponding protonated salts (100-37-8)

(12) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and corresponding protonated salts

(13)Thiodiglycol: Bis(2-hydroxyethyl)sulfide (111-48-8)

(14)Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol (464-07-3)

Schedule 3

A. Toxic chemicals:

(1) Phosgene: Carbonyl dichloride (75-44-5)

(2) Cyanogen chloride (506-77-4)

(3) Hydrogen cyanide (74-90-8)

(4) Chloropicrin: Trichloronitromethane (76-06-2)

B. Precursors:

(5) Phosphorus oxychloride (10025-87-3)

(6) Phosphorus trichloride (7719-12-2)

(7) Phosphorus pentachloride (10026-13-8)

(8) Trimethyl phosphite (121-45-9)

(9) Triethyl phosphite (122-52-1)

(10) Dimethyl phosphite (868-85-9)

(11) Diethyl phosphite (762-04-9)

(12) Sulfur monochloride (10025-67-9)

(13) Sulfur dichloride (10545-99-0)

(14) Thionyl chloride (7719-09-7)

(15) Ethyldiethanolamine (139-87-7)

(16) Methyldiethanolamine (105-59-9)

(17) Triethanolamine (102-71-6)

ANNEX ON IMPLEMENTATION AND VERIFICATION

(“VERIFICATION ANNEX”)

CONTENTS

Page

Part I: Definitions............................ 40 Part II: General Rules of Verification................ 43 A. Designation of inspectors and inspection assista

PART I

DEFINITIONS

1. “Approved Equipment” means the devices and instruments necessary for the performance of the inspection team’s duties that have been certified by the Technica

2. “Building” as referred to in the definition of chemical weapons production facility in Article II comprises specialized buildings and standard buildings.

(a) “Specialized Building” means:

(i) any building, including underground structures, containing specialized equipment in a production or filling configuration;

(ii) any building, including underground structures, which has distinctive features which distinguish it from buildings normally used for chemical production or

(b) “Standard Building” means any building, including underground structures, constructed to prevailing industry standards for facilities not producing any chem

3. “Challenge Inspection” means the inspection of any facility or location in the territory or in any other place under the jurisdiction or control of a State P

4. “Discrete Organic Chemical” means any chemical belonging to the class of chemical compounds consisting of all compounds of carbon except for its oxides, sulf

5. “Equipment” as referred to in the definition of chemical weapons production facility in Article II comprises specialized equipment and standard equipment.

(a) “Specialized Equipment” means:

(i) the main production train, including any reactor or equipment for product synthesis, separation or purification, any equipment used directly for heat transf

(ii) any chemical weapon filling machines;

(iii) any other equipment specially designed, built or installed for the operation of the facility as a chemical weapons production facility, as distinct from a

(b) “Standard Equipment” means:

(i) production equipment which is generally used in the chemical industry and is not included in the types of specialized equipment;

(ii) other equipment commonly used in the chemical industry, such as: fire-fighting equipment; guard and security/safety surveillance equipment; medical facilit

6. “Facility” in the context of Article VI means any of the industrial sites as defined below (“plant site”, “plant” and “unit”).

(a) “Plant Site” (Works, Factory) means the local integration of one or more plants, with any intermediate administrative levels, which are under one operationa

(i) administration and other offices;

(ii) repair and maintenance shops;

(iii) medical centre;

(iv) utilities;

(v) central analytical laboratory;

(vi) research and development laboratories;

(vii) central effluent and waste treatment area; and

(viii) warehouse storage.

(b) “Plant” (Production facility, Workshop) means a relatively self-contained area, structure or building containing one or more units with auxiliary and associ

(i) small administrative section;

(ii) storage/handling areas for feedstock and products;

(iii) effluent/waste handling/treatment area;

(iv) control/analytical laboratory;

(v) first aid service/related medical section; and

(vi) records associated with the movement into, around and from the site, of declared chemicals and their feedstock or product chemicals formed from them, as ap

(c) “Unit” (Production unit, Process unit) means the combination of those items of equipment, including vessels and vessel set up, necessary for the production,

7. “Facility Agreement” means an agreement or arrangement between a State Party and the Organization relating to a specific facility subject to on-site verifica

8. “Host State” means the State on whose territory lie facilities or areas of another State, Party to this Convention, which are subject to inspection under thi

9. “In-Country Escort” means individuals specified by the inspected State Party and, if appropriate, by the Host State, if they so wish, to accompany and assist

10. “In-Country Period” means the period from the arrival of the inspection team at a point of entry until its departure from the State at a point of entry.

11. “Initial Inspection” means the first on-site inspection of facilities to verify declarations submitted pursuant to Articles III, IV, V and VI and this Annex

12. “Inspected State Party” means the State Party on whose territory or in any other place under its jurisdiction or control an inspection pursuant to this Conv

13. “Inspection Assistant” means an individual designated by the Technical Secretariat as set forth in Part II, Section A, of this Annex to assist inspectors in

14. “Inspection Mandate” means the instructions issued by the Director-General to the inspection team for the conduct of a particular inspection.

15. “Inspection Manual” means the compilation of additional procedures for the conduct of inspections developed by the Technical Secretariat.

16. “Inspection Site” means any facility or area at which an inspection is carried out and which is specifically defined in the respective facility agreement or

17. “Inspection Team” means the group of inspectors and inspection assistants assigned by the Director-General to conduct a particular inspection.

18. “Inspector” means an individual designated by the Technical Secretariat according to the precedures as set forth in Part II, Section A, of this Annex, to ca

19. “Model Agreement” means a document specifying the general form and content for an agreement concluded between a State Party and the Organization for fulfill

20. “Observer” means a representative of a requesting State Party or a third State Party to observe a challenge inspection.

21. “Perimeter” in case of challenge inspection means the external boundary of the inspection site, defined by either geographic coordinates or description on a

(a) “Requested Perimeter” means the inspection site perimeter as specified in conformity with Part X, paragraph 8, of this Annex;

(b) “Alternative Perimeter” means the inspection site perimeter as specified, alternatively to the requested perimeter, by the inspected State Party; it shall c

(c) “Final Perimeter” means the final inspection site perimeter as agreed in negotiations between the inspection team and the inspected State Party, in accordan

(d) “Declared Perimeter” means the external boundary of the facility declared pursuant to Articles III, IV, V and VI.

22. “Period of Inspection”, for the purposes of Article IX, means the period of time from provision of access to the inspection team to the inspection site unti

23. “Period of Inspection”, for the purposes of Articles IV, V and VI, means the period of time from arrival of the inspection team at the inspection site until

24. “Point of Entry” / “Point of Exit” means a location designated for the in-country arrival of inspection teams for inspections pursuant to this Convention or

25. “Requesting State Party” means a State Party which has requested a challenge inspection pursuant to Article IX.

26. “Tonne” means metric ton, i.e. 1,000 kg.

PART II

GENERAL RULES OF VERIFICATION

A. DESIGNATION OF INSPECTORS AND INSPECTION ASSISTANTS

1. Not later than 30 days after entry into force of this Convention the Technical Secretariat shall communicate, in writing, to all States Parties the names, na

2. Each State Party shall immediately acknowledge receipt of the list of inspectors and inspection assistants, proposed for designation communicated to it. The

In the case of non-acceptance, the proposed inspector or inspection assistant shall not undertake or participate in verification activities on the territory or

3. Verification activities under this Convention shall only be performed by designated inspectors and inspection assistants.

4. Subject to the provisions of paragraph 5, a State Party has the right at any time to object to an inspector or inspection assistant who has already been desi

5. A State Party that has been notified of an inspection shall not seek to have removed from the inspection team for that inspection any of the designated inspe

6. The number of inspectors or inspection assistants accepted by and designated to a State Party must be sufficient to allow for availability and rotation of ap

7. If, in the opinion of the Director-General, the non-acceptance of proposed inspectors or inspection assistants impedes the designation of a sufficient number

8. Whenever amendments to the above-mentioned lists of inspectors and inspection assistants are necessary or requested, replacement inspectors and inspection as

9. The members of the inspection team carrying out an inspection of a facility of a State Party located on the territory of another State Party shall be designa

B. PRIVILEGES AND IMMUNITIES

10. Each State Party shall, not later than 30 days after acknowledgement of receipt of the list of inspectors and inspection assistants or of changes thereto, p

11. To exercise their functions effectively, inspectors and inspection assistants shall be accorded privileges and immunities as set forth in subparagraphs (a)

(a) the members of the inspection team shall be accorded the inviolability enjoyed by diplomatic agents pursuant to Article 29 of the Vienna Convention on Diplo

(b) the living quarters and office premises occupied by the inspection team carrying out inspection activities pursuant to this Convention shall be accorded the

(c) the papers and correspondence, including records, of the inspection team shall enjoy the inviolability accorded to all papers and correspondence of diplomat

(d) samples and approved equipment carried by members of the inspection team shall be inviolable subject to provisions contained in this Convention and exempt f

(e) the members of the inspection team shall be accorded the immunities accorded to diplomatic agents pursuant to Article 31, paragraphs 1, 2 and 3, of the Vien

(f) the members of the inspection team carrying out prescribed activities pursuant to this Convention shall be accorded the exemption from dues and taxes accord

(g) the members of the inspection team shall be permitted to bring into the territory of the inspected State Party or Host State Party, without payment of any c

(h) the members of the inspection team shall be accorded the same currency and exchange facilities as are accorded to representatives of foreign Governments on

(i) the members of the inspection team shall not engage in any professional or commercial activity for personal profit on the territory of the inspected State P

12. When transiting the territory of non-inspected States Parties, the members of the inspection team shall be accorded the privileges and immunities enjoyed by

13. Without prejudice to their privileges and immunities the members of the inspection team shall be obliged to respect the laws and regulations of the inspecte

14. The immunity from jurisdiction of members of the inspection team may be waived by the Director-General in those cases when the Director-General is of the op

15. Observers shall be accorded the same privileges and immunities accorded to inspectors pursuant to this section, except for those accorded pursuant to paragr

C. STANDING ARRANGEMENTS

Points of entry

16. Each State Party shall designate the points of entry and shall supply the required information to the Technical Secretariat not later than 30 days after thi

17. Each State Party may change the points of entry by giving notice of such change to the Technical Secretariat. Changes shall become effective 30 days after t

18. If the Technical Secretariat considers that there are insufficient points of entry for the timely conduct of inspections or that changes to the points of en

19. In cases where facilities or areas of an inspected State Party are located on the territory of a Host State Party or where the access from the point of entr

20. In cases where facilities or areas of an inspected State Party are located on the territory of a State not Party to this Convention, the inspected State Par

21. In cases where the facilities or areas sought to be inspected are located on the territory of a State Party, but in a place under the jurisdiction or contro

Arrangements for use of non-scheduled aircraft

22. For inspections pursuant to Article IX and for other inspections where timely travel is not feasible using scheduled commercial transport, an inspection tea

23. When a non-scheduled aircraft is used, the Technical Secretariat shall provide the inspected State Party with a flight plan, through the National Authority,

24. Not less than three hours before the scheduled departure of the inspection team from the last airfield prior to entering the airspace of the State in which

25. The inspected State Party shall provide parking, security protection, servicing and fuel as required by the Technical Secretariat for the aircraft of the in

Administrative arrangements

26. The inspected State Party shall provide or arrange for the amenities necessary for the inspection team such as communication means, interpretation services

Approved equipment

27. Subject to paragraph 29, there shall be no restriction by the inspected State Party on the inspection team bringing onto the inspection site such equipment,

28. The equipment shall be in the custody of the Technical Secretariat and be designated, calibrated and approved by the Technical Secretariat. The Technical Se

29. The inspected State Party shall have the right, without prejudice to the prescribed time-frames, to inspect the equipment in the presence of inspection team

30. In cases where the inspection team finds it necessary to use equipment available on site not belonging to the Technical Secretariat and requests the inspect

D. PRE-INSPECTION ACTIVITIES

Notification

31. The Director-General shall notify the State Party before the planned arrival of the inspection team at the point of entry and within the prescribed time-fra

32. Notifications made by the Director-General shall include the following information:

(a) the type of inspection;

(b) the point of entry;

(c) the date and estimated time of arrival at the point of entry;

(d) the means of arrival at the point of entry;

(e) the site to be inspected;

(f) the names of inspectors and inspection assistants;

(g) if appropriate, aircraft clearance for special flights.

33. The inspected State Party shall acknowledge the receipt of a notification by the Technical Secretariat of an intention to conduct an inspection, not later t

34. In the case of an inspection of a facility of a State Party located on the territory of another State Party, both States Parties shall be simultaneously not

Entry into the territory of the inspected State Party or Host State and transfer to the inspection site

35. The inspected State Party or Host State Party which has been notified of the arrival of an inspection team, shall ensure its immediate entry into the territ

36. The inspected State Party or Host State Party shall, as necessary, assist the inspection team in reaching the inspection site not later than 12 hours after

Pre-inspection briefing

37. Upon arrival at the inspection site and before the commencement of the inspection, the inspection team shall be briefed by facility representatives, with th

E. CONDUCT OF INSPECTIONS

General rules

38. The members of the inspection team shall discharge their functions in accordance with the provisions of this Convention, as well as rules established by the

39. The inspection team shall strictly observe the inspection mandate issued by the Director-General. It shall refrain from activities going beyond this mandate

40. The activities of the inspection team shall be so arranged as to ensure the timely and effective discharge of its functions and the least possible inconveni

41. In the performance of their duties on the territory of an inspected State Party or Host State, the members of the inspection team shall, if the inspected St

42. Detailed procedures for the conduct of inspections shall be developed for inclusion in the inspection manual by the Technical Secretariat, taking into accou

Safety

43. In carrying out their activities, inspectors and inspection assistants shall observe safety regulations established at the inspection site, including those

Communications

44. Inspectors shall have the right throughout the in-country period to communicate with the Headquarters of the Technical Secretariat. For this purpose they ma

Inspection team and inspected State Party rights

45. The inspection team shall, in accordance with the relevant Articles and Annexes of this Convention as well as with facility agreements and procedures set fo

46. Inspectors shall have the right to interview any facility personnel in the presence of representatives of the inspected State Party with the purpose of esta

47. Inspectors shall have the right to inspect documentation and records they deem relevant to the conduct of their mission.

48. Inspectors shall have the right to have photographs taken at their request by representatives of the inspected State Party or of the inspected facility. The

49. The representatives of the inspected State Party shall have the right to observe all verification activities carried out by the inspection team.

50. The inspected State Party shall receive copies, at its request, of the information and data gathered about its facility(ies) by the Technical Secretariat.

51. Inspectors shall have the right to request clarifications in connection with ambiguities that arise during an inspection. Such requests shall be made prompt

Collection, handling and analysis of samples

52. Representatives of the inspected State Party or of the inspected facility shall take samples at the request of the inspection team in the presence of inspec

53. Where possible, the analysis of samples shall be performed on-site. The inspection team shall have the right to perform on-site analysis of samples using ap

54. The inspected State Party has the right to retain portions of all samples taken or take duplicate samples and be present when samples are analysed on-site.

55. The inspection team shall, if it deems it necessary, transfer samples for analysis off-site at laboratories designated by the Organization.

56. The Director-General shall have the primary responsibility for the security, integrity and preservation of samples and for ensuring that the confidentiality

(a) establish a stringent regime governing the collection, handling, transport and analysis of samples;

(b) certify the laboratories designated to perform different types of analysis;

(c) oversee the standardization of equipment and procedures at these designated laboratories, mobile analytical equipment and procedures, and monitor quality co

(d) select from among the designated laboratories those which shall perform analytical or other functions in relation to specific investigations.

57. When off-site analysis is to be performed, samples shall be analysed in at least two designated laboratories. The Technical Secretariat shall ensure the exp

58. The Technical Secretariat shall compile the results of the laboratory analysis of samples relevant to compliance with this Convention and include them in th

Extension of inspection duration

59. Periods of inspection may be extended by agreement with the representative of the inspected State Party.

Debriefing

60. Upon completion of an inspection the inspection team shall meet with representatives of the inspected State Party and the personnel responsible for the insp

F. DEPARTURE

61. Upon completion of the post-inspection procedures, the inspection team shall leave, as soon as possible, the territory of the inspected State Party or the H

G. REPORTS

62. Not later than 10 days after the inspection, the inspectors shall prepare a factual, final report on the activities conducted by them and on their findings.

63. The final report shall immediately be submitted to the inspected State Party. Any written comments, which the inspected State Party may immediately make on

64. Should the report contain uncertainties, or should cooperation between the National Authority and the inspectors not measure up to the standards required, t

65. If the uncertainties cannot be removed or the facts established are of a nature to suggest that obligations undertaken under this Convention have not been m

H. APPLICATION OF GENERAL PROVISIONS

66. The provisions of this Part shall apply to all inspections conducted pursuant to this Convention, except where the provisions of this Part differ from the p

PART III

GENERAL PROVISIONS FOR VERIFICATION MEASURES PURSUANT TO ARTICLES IV, V and VI, PARAGRAPH 3

A. INITIAL INSPECTIONS AND FACILITY AGREEMENTS

1. Each declared facility subject to on-site inspection pursuant to Articles IV, V, and VI, paragraph 3, shall receive an initial inspection promptly after the

2. States Parties shall ensure that the verification of declarations and the initiation of the systematic verification measures can be accomplished by the Techn

3. Each State Party shall conclude a facility agreement with the Organization for each facility declared and subject to on-site inspection pursuant to Articles

4. Facility agreements shall be completed not later than 180 days after this Convention enters into force for the State Party or after the facility has been dec

5. In the case of a chemical weapons destruction facility that begins operations more than one year after this Convention enters into force for the State Party,

6. In the case of a chemical weapons destruction facility that is in operation when this Convention enters into force for the State Party, or begins operation n

7. In the case of a facility, referred to in paragraph 6, that will cease operations not later than two years after this Convention enters into force for the St

8. Facility agreements shall be based on models for such agreements and provide for detailed arrangements which shall govern inspections at each facility. The m

9. The Technical Secretariat may retain at each site a sealed container for photographs, plans and other information that it may wish to refer to in the course

B. STANDING ARRANGEMENTS

10. Where applicable, the Technical Secretariat shall have the right to have continuous monitoring instruments and systems and seals installed and to use them,

11. The inspected State Party shall, in accordance with agreed procedures, have the right to inspect any instrument used or installed by the inspection team and

12. The inspected State Party shall provide the necessary preparation and support for the establishment of continuous monitoring instruments and systems.

13. In order to implement paragraphs 11 and 12, appropriate detailed procedures shall be considered and approved by the Conference pursuant to Article VIII, par

14. The inspected State Party shall immediately notify the Technical Secretariat if an event occurs or may occur at a facility where monitoring instruments are

15. The inspection team shall verify during each inspection that the monitoring system functions correctly and that emplaced seals have not been tampered with.

16. If the monitoring system indicates any anomaly, the Technical Secretariat shall immediately take action to determine whether this resulted from equipment ma

C. PRE-INSPECTION ACTIVITIES

17. The inspected State Party shall, except as specified in paragraph 18, be notified of inspections not less than 24 hours in advance of the planned arrival of

18. The inspected State Party shall be notified of initial inspections not less than 72 hours in advance of the estimated time of arrival of the inspection team

PART IV(A)

DESTRUCTION OF CHEMICAL WEAPONS AND ITS VERIFICATION PURSUANT TO ARTICLE IV

A. DECLARATIONS

Chemical Weapons

1. The declaration of chemical weapons by a State Party pursuant to Article III, paragraph 1(a)(ii), shall include the following:

(a) the aggregate quantity of each chemical declared;

(b) the precise location of each chemical weapons storage facility, expressed by:

(i) name;

(ii) geographical coordinates; and

(iii) a detailed site diagram, including a boundary map and the location of bunkers/storage areas within the facility.

(c) the detailed inventory for each chemical weapons storage facility including:

(i) chemicals defined as chemical weapons in accordance with Article II;

(ii) unfilled munitions, sub-munitions, devices and equipment defined as chemical weapons;

(iii) equipment specially designed for use directly in connection with the employment of munitions, sub-munitions, devices or equipment specified in sub-subpara

(iv) chemicals specifically designed for use directly in connection with the employment of munitions, sub-munitions, devices or equipment specified in sub-subpa

2. For the declaration of chemicals referred to in paragraph 1(c)(i) the following shall apply:

(a) chemicals shall be declared in accordance with the Schedules specified in the Annex on Chemicals;

(b) for a chemical not listed in the Schedules in the Annex on Chemicals the information required for possible assignment of the chemical to the appropriate Sch

(c) chemicals shall be identified by chemical name in accordance with current International Union of Pure and Applied Chemistry (IUPAC) nomenclature, structural

(d) in cases involving mixtures of two or more chemicals, each chemical shall be identified and the percentage of each shall be provided, and the mixture shall

(e) binary chemical weapons shall be declared under the relevant end product within the framework of the categories of chemical weapons referred to in paragraph

(i) the chemical name of the toxic end-product;

(ii) the chemical composition and quantity of each component;

(iii) the actual weight ratio between the components;

(iv) which component is considered the key component;

(v) the projected quantity of the toxic end-product calculated on a stoichiometric basis from the key component, assuming 100 per cent yield. A declared quantit

(f) for multicomponent chemical weapons, the declaration shall be analogous to that envisaged for binary chemical weapons;

(g) for each chemical the form of storage, i.e. munitions, sub-munitions, devices, equipment or bulk containers and other containers shall be declared. For each

(i) type;

(ii) size or calibre;

(iii) number of items; and

(iv) nominal weight of chemical fill per item.

(h) for each chemical the total weight present at the storage facility shall be declared;

(i) in addition, for chemicals stored in bulk, the percentage purity shall be declared, if known.

3. For each type of unfilled munitions, sub-munitions, devices or equipment, referred to in paragraph 1(c)(ii), the information shall include:

(a) the number of items;

(b) the nominal fill volume per item;

(c) the intended chemical fill.

Declarations of chemical weapons pursuant to Article III, paragraph 1(a)(iii)

4. The declaration of chemical weapons pursuant to Article III, paragraph 1(a)(iii), shall contain all information specified in paragraphs 1 to 3 above. It is t

Declarations of past transfers and receipts

5. A State Party that has transferred or received chemical weapons since 1 January 1946 shall declare these transfers or receipts pursuant to Article III, parag

Submission of the general plan for destruction of chemical weapons

6. The general plan for destruction of chemical weapons submitted pursuant to Article III, paragraph 1(a)(v), shall provide an overview of the entire national c

(a) a general schedule for destruction, giving types and approximate quantities of chemical weapons planned to be destroyed in each annual destruction period fo

(b) the number of chemical weapons destruction facilities existing or planned to be operated over the destruction period;

(c) for each existing or planned chemical weapons destruction facility:

(i) name and location; and

(ii) the types and approximate quantities of chemical weapons, and the type (for example, nerve agent or blister agent) and approximate quantity of chemical fil

(d) the plans and programmes for training personnel for the operation of destruction facilities;

(e) the national standards for safety and emissions that the destruction facilities must satisfy;

(f) information on the development of new methods for destruction of chemical weapons and on the improvement of existing methods;

(g) the cost estimates for destroying the chemical weapons; and

(h) any issues which could adversely impact on the national destruction programme.

B. MEASURES TO SECURE THE STORAGE FACILITY AND STORAGE FACILITY PREPARATION

7. Not later than when submitting its declaration of chemical weapons, a State Party shall take such measures as it considers appropriate to secure its storage

8. A State Party shall ensure that chemical weapons at its storage facilities are configured to allow ready access for verification in accordance with paragraph

9. While a storage facility remains closed for any movement of chemical weapons out of the facility other than their removal for destruction, a State Party may

10. Maintenance activities of chemical weapons shall not include:

(a) replacement of agent or of munition bodies;

(b) modification of the original characteristics of munitions, or parts or components thereof.

11. All maintenance activities shall be subject to monitoring by the Technical Secretariat.

C. DESTRUCTION

Principles and methods for destruction of chemical weapons

12. “Destruction of chemical weapons” means a process by which chemicals are converted in an essentially irreversible way to a form unsuitable for production of

13. Each State Party shall determine how it shall destroy chemical weapons, except that the following processes may not be used: dumping in any body of water, l

14. Each State Party shall ensure that its chemical weapons destruction facilities are constructed and operated in a manner to ensure the destruction of the che

Order of destruction

15. The order of destruction of chemical weapons is based on the obligations specified in Article I and the other Articles, including obligations regarding syst

16. For the purpose of destruction, chemical weapons declared by each State Party shall be divided into three categories:

Category 1: Chemical weapons on the basis of Schedule 1 chemicals and their parts and components; Category 2: Chemical weapons on the basis of all other chemica

17. A State Party shall start:

(a) the destruction of Category 1 chemical weapons not later than two years after this Convention enters into force for it, and shall complete the destruction n

(i) Phase 1: Not later than two years after entry into force of this Convention, testing of its first destruction facility shall be completed. Not less than 1 p

(ii) Phase 2: Not less than 20 per cent of the Category 1 chemical weapons shall be destroyed not later than five years after the entry into force of this Conve

(iii) Phase 3: Not less than 45 per cent of the Category 1 chemical weapons shall be destroyed not later than seven years after the entry into force of this Con

(iv) Phase 4: All Category 1 chemical weapons shall be destroyed not later than 10 years after the entry into force of this Convention.

(b) the destruction of Category 2 chemical weapons not later than one year after this Convention enters into force for it and shall complete the destruction not

(c) the destruction of Category 3 chemical weapons not later than one year after this Convention enters into force for it, and shall complete the destruction no

18. For the destruction of binary chemical weapons the following shall apply:

(a) for the purposes of the order of destruction, a declared quantity (in tonnes) of the key component intended for a specific toxic end-product shall be consid

(b) a requirement to destroy a given quantity of the key component shall entail a requirement to destroy a corresponding quantity of the other component, calcul

(c) if more of the other component is declared than is needed, based on the actual weight ratio between components, the excess shall be destroyed over the first

(d) at the end of each subsequent operational year a State Party may retain an amount of the other declared component that is determined on the basis of the act

19. For multicomponent chemical weapons the order of destruction shall be analogous to that envisaged for binary chemical weapons.

Modification of intermediate destruction deadlines

20. The Executive Council shall review the general plans for destruction of chemical weapons, submitted pursuant to Article III, paragraph 1(a)(v), and in accor

21. If a State Party, due to exceptional circumstances beyond its control, believes that it cannot achieve the level of destruction specified for Phase 1, Phase

22. Each State Party shall take all necessary measures to ensure destruction of Category 1 chemical weapons in accordance with the destruction deadlines set for

23. If an extension is granted, the State Party shall still be under the obligation to meet the cumulative destruction requirements set forth for the next destr

Extension of the deadline for completion of destruction

24. If a State Party believes that it will be unable to ensure the destruction of all Category 1 chemical weapons not later than 10 years after the entry into f

25. The request shall contain:

(a) the duration of the porposed extension;

(b) a detailed explanation of the reasons for the proposed extension; and

(c) a detailed plan for destruction during the proposed extension and the remaining portion of the original 10-year period for destruction.

26. A decision on the request shall be taken by the Conference at its next session, on the recommendation of the Executive Council. Any extension shall be the m

27. If an extension is granted, the State Party shall take appropriate measures to meet all subsequent deadlines.

28. The State Party shall continue to submit detailed annual plans for destruction in accordance with paragraph 29 and annual reports on the destruction of Cate

Detailed annual plans for destruction

29. The detailed annual plans for destruction shall be submitted to the Technical Secretariat not less than 60 days before each annual destruction period begins

(a) the quantity of each specific type of chemical weapon to be destroyed at each destruction facility and the inclusive dates when the destruction of each spec

(b) the detailed site diagram for each chemical weapons destruction facility and any changes to previously submitted diagrams; and

(c) the detailed schedule of activities for each chemical weapons destruction facility for the upcoming year, identifying time required for design, construction

30. A State Party shall provide, for each of its chemical weapons destruction facilities, detailed facility information to assist the Technical Secretariat in d

31. The detailed facility information for each destruction facility shall include the following information:

(a) name, address and location;

(b) detailed, annotated facility drawings;

(c) facility design drawings, process drawings, and piping and instrumentation design drawings;

(d) detailed technical descriptions, including design drawings and instrument specifications, for the equipment required for: removing the chemical fill from th

(e) detailed technical descriptions of the destruction process, including material flow rates, temperatures and pressures, and designed destruction efficiency;

(f) design capacity for each specific type of chemical weapon;

(g) a detailed description of the products of destruction and the method of their ultimate disposal;

(h) a detailed technical description of measures to facilitate inspections in accordance with this Convention;

(i) a detailed description of any temporary holding area at the destruction facility that will be used to provide chemical weapons directly to the destruction f

(j) a detailed description of the safety and medical measures in force at the facility;

(k) a detailed description of the living quarters and working premises for the inspectors; and

(l) Suggested measures for international verification.

32. A State Party shall provide, for each of its chemical weapons destruction facilities, the plant operations manuals, the safety and medical plans, the labora

33. A State Party shall promptly notify the Technical Secretariat of any developments that could affect inspection activities at its destruction facilities.

34. Deadlines for submission of the information specified in paragraphs 30 to 32 shall be considered and approved by the Conference pursuant to Article VIII, pa

35. After a review of the detailed facility information for each destruction facility, the Technical Secretariat, if the need arises, shall enter into consultat

Annual reports on destruction

36. Information regarding the implementation of plans for destruction of chemical weapons shall be submitted to the Technical Secretariat pursuant to Article IV

D. VERIFICATION

Verification of declarations of chemical weapons through on-site inspection

37. The purpose of the verification of declarations of chemical weapons shall be to confirm through on-site inspection the accuracy of the relevant declarations

38. The inspectors shall conduct this verification promptly after a declaration is submitted. They shall, inter alia, verify the quantity and identity of chemic

39. The inspectors shall employ, as appropriate, agreed seals, markers or other inventory control procedures to facilitate an accurate inventory of the chemical

40. As the inventory progresses, inspectors shall install such agreed seals as may be necessary to clearly indicate if any stocks are removed, and to ensure the

Systematic verification of storage facilities

41. The purpose of the systematic verification of storage facilities shall be to ensure that no undetected removal of chemical weapons from such facilities take

42. The systematic verification shall be initiated as soon as possible after the declaration of chemical weapons is submitted and shall continue until all chemi

43. When all chemical weapons have been removed from the storage facility, the Technical Secretariat shall confirm the declaration of the State Party to that ef

Inspections and visits

44. The particular storage facility to be inspected shall be chosen by the Technical Secretariat in such a way as to preclude the prediction of precisely when t

45. The Technical Secretariat shall notify the inspected State Party of its decision to inspect or visit the storage facility 48 hours before the planned arriva

46. The inspected State Party shall make any necessary preparations for the arrival of the inspectors and shall ensure their expeditious transportation from the

47. The inspected State Party shall provide the inspection team upon its arrival at the chemical weapons storage facility to carry out an inspection, with the f

(a) the number of storage buildings and storage locations;

(b) for each storage building and storage location, the type and the identification number or designation, shown on the site diagram; and

(c) for each storage building and storage location at the facility, the number of items of each specific type of chemical weapon, and, for containers that are n

48. In carrying out an inventory, within the time available, inspectors shall have the right:

(a) To use any of the following inspection techniques:

(i) inventory all the chemical weapons stored at the facility;

(ii) inventory all the chemical weapons stored in specific buildings or locations at the facility, as chosen by the inspectors; or

(iii) inventory all the chemical weapons of one or more specific types stored at the facility, as chosen by the inspectors; and

(b) To check all items inventoried against agreed records.

49. Inspectors shall, in accordance with facility agreements:

(a) have unimpeded access to all parts of the storage facilities including any munitions, devices, bulk containers, or other containers therein. While conductin

(b) have the right, during the first and any subsequent inspection of each chemical weapons storage facility, to designate munitions, devices, and containers fr

Systematic verification of the destruction of chemical weapons

50. The purpose of verification of destruction of chemical weapons shall be:

(a) to confirm the identity and quantity of the chemical weapons stocks to be destroyed; and

(b) to confirm that these stocks have been destroyed.

51. Chemical weapons destruction operations during the first 390 days after the entry into force of this Convention shall be governed by transitional verificati

52. The provisions of paragraphs 53 to 61 shall apply to chemical weapons destruction operations that are to begin not earlier than 390 days after the entry int

53. On the basis of this Convention and the detailed destruction facility information, and as the case may be, on experience from previous inspections, the Tech

54. The Technical Secretariat shall conduct an initial visit to each chemical weapons destruction facility of the inspected State Party not less than 240 days b

55. In the case of an existing facility where chemical weapons destruction operations have already been initiated, the inspected State Party shall not be requir

56. The agreed detailed plans for verification, with an appropriate recommendation by the Technical Secretariat, shall be forwarded to the Executive Council for

57. Each member of the Executive Council may consult with the Technical Secretariat on any issues regarding the adequacy of the plan for verification. If there

58. If there are any difficulties, the Executive Council shall enter into consultations with the State Party to reconcile them. If any difficulties remain unres

59. The detailed facility agreements for chemical weapons destruction facilities shall specify, taking into account the specific characteristics of the destruct

(a) detailed on-site inspection procedures; and

(b) provisions for verification through continuous monitoring with on-site instruments and physical presence of inspectors.

60. Inspectors shall be granted access to each chemical weapons destruction facility not less than 60 days before the commencement of the destruction, pursuant

61. The inspected State Party shall notify, in writing, the inspection team leader at a chemical weapons destruction facility not less than four hours before th

Chemical weapons storage facilities at chemical weapons destruction facilities

62. The inspectors shall verify the arrival of the chemical weapons at the destruction facility and the storing of these chemical weapons. The inspectors shall

63. As soon and as long as chemical weapons are stored at chemical weapons storage facilities located at chemical weapons destruction facilities, these storage

64. At the end of an active destruction phase, inspectors shall make an inventory of the chemical weapons, that have been removed from the storage facility, to

Systematic on-site verification measures at chemical weapons destruction facilities

65. The inspectors shall be granted access to conduct their activities at the chemical weapons destruction facilities and the chemical weapons storage facilitie

66. At each chemical weapons destruction facility, to provide assurance that no chemical weapons are diverted and that the destruction process has been complete

(a) the receipt of chemical weapons at the facility;

(b) the temporary holding area for chemical weapons and the specific type and quantity of chemical weapons stored in that area;

(c) the specific type and quantity of chemical weapons being destroyed;

(d) the process of destruction;

(e) the end-product of destruction;

(f) the mutilation of metal parts; and

(g) the integrity of the destruction process and of the facility as a whole.

67. Inspectors shall have the right to tag, for sampling, munitions, devices, or containers located in the temporary holding areas at the chemical weapons destr

68. To the extent that it meets inspection requirements, information from routine facility operations, with appropriate data authentication, shall be used for i

69. After the completion of each period of destruction, the Technical Secretariat shall confirm the declaration of the State Party, reporting the completion of

70. Inspectors shall, in accordance with facility agreements:

(a) have unimpeded access to all parts of the chemical weapons destruction facilities and the chemical weapons storage facilities located at such facilities, in

(b) monitor the systematic on-site analysis of samples during the destruction process; and

(c) receive, if necessary, samples taken at their request from any devices, bulk containers and other containers at the destruction facility or the storage faci

PART IV(B)

OLD CHEMICAL WEAPONS AND ABANDONED CHEMICAL WEAPONS

A GENERAL

1. Old chemical weapons shall be destroyed as provided for in Section B.

2. Abandoned chemical weapons, including those which also meet the definition of Article II, paragraph 5(b), shall be destroyed as provided for in Section C.

B. REGIME FOR OLD CHEMICAL WEAPONS

3. A State Party which has on its territory old chemical weapons as defined in Article II, paragraph 5(a), shall, not later than 30 days after this Convention e

In the case of old chemical weapons as defined in Article II, paragraph 5(b), the State Party shall submit to the Technical Secretariat a declaration pursuant t

4. A State Party which discovers old chemical weapons after this Convention enters into force for it shall submit to the Technical Secretariat the information s

5. The Technical Secretariat shall conduct an initial inspection, and any further inspections as may be necessary, in order to verify the information submitted

6. A State Party shall treat old chemical weapons that have been confirmed by the Technical Secretariat as meeting the definition in Article II, paragraph 5(a),

7. Subject to paragraphs 3 to 5, a State Party shall destroy old chemical weapons that have been confirmed by the Technical Secretariat as meeting the definitio

C. REGIME FOR ABANDONED CHEMICAL WEAPONS

8. A State Party on whose territory there are abandoned chemical weapons (hereinafter referred to as the “Territorial State Party”) shall, not later than 30 day

9. A State Party which discovers abandoned chemical weapons after this Convention enters into force for it shall, not later than 180 days after the discovery, s

10. A State Party which has abandoned chemical weapons on the territory of another State Party (hereinafter referred to as the “Abandoning State Party”) shall,

11. The Technical Secretariat shall conduct an initial inspection, and any further inspections as may be necessary, in order to verify all available relevant in

12. The report of the Technical Secretariat shall be submitted to the Executive Council, the Territorial State Party, and to the Abandoning State Party or the S

13. Pursuant to Article I, paragraph 3, the Territorial State Party shall have the right to request the State Party which has been established as the Abandoning

14. Consultations between the Territorial State Party and the Abandoning State Party with a view to establishing a mutually agreed plan for destruction shall be

15. For the purpose of destroying abandoned chemical weapons, the Abandoning State Party shall provide all necessary financial, technical, expert, facility as w

16. If the Abandoning State cannot be identified or is not a State Party, the Territorial State Party, in order to ensure the destruction of these abandoned che

17. Subject to paragraphs 8 to 16, Article IV and Part IV(A) of this Annex shall also apply to the destruction of abandoned chemical weapons. In the case of aba

18. States Parties may conclude between themselves agreements or arrangements concerning the destruction of abandoned chemical weapons. The Executive Council ma

PART V

DESTRUCTION OF CHEMICAL WEAPONS PRODUCTION FACILITIES AND ITS VERIFICATION PURSUANT TO ARTICLE V

A. DECLARATIONS

Declarations of chemical weapons production facilities

1. The declaration of chemical weapons production facilities by a State Party pursuant to Article III, paragraph 1(c)(ii), shall contain for each facility:

(a) the name of the facility, the names of the owners, and the names of the companies or enterprises operating the facility since 1 January 1946;

(b) the precise location of the facility, including the address, location of the complex, location of the facility within the complex including the specific bui

(c) a statement whether it is a facility for the manufacture of chemicals that are defined as chemical weapons or whether it is a facility for the filling of ch

(d) the date when the construction of the facility was completed and the periods during which any modifications to the facility were made, including the install

(e) information on the chemicals defined as chemical weapons that were manufactured at the facility; the munitions, devices, and containers that were filled at

(i) for chemicals defined as chemical weapons that were manufactured at the facility, such information shall be expressed in terms of the specific types of chem

(ii) for munitions, devices and containers that were filled at the facility, such information shall be expressed in terms of the specific type of chemical weapo

(f) the production capacity of the chemical weapons production facility:

(i) for a facility where chemical weapons were manufactured, production capacity shall be expressed in terms of the annual quantitative potential for manufactur

(ii) for a facility where chemical weapons were filled, production capacity shall be expressed in terms of the quantity of chemical that the facility can fill i

(g) for each chemical weapons production facility that has not been destroyed, a description of the facility including:

(i) a site diagram;

(ii) a process flow diagram of the facility; and

(iii) an inventory of buildings at the facility, and specialized equipment at the facility and of any spare parts for such equipment;

(h) the present status of the facility, stating:

(i) the date when chemical weapons were last produced at the facility;

(ii) whether the facility has been destroyed, including the date and manner of its destruction; and

(iii) whether the facility has been used or modified before entry into force of this Convention for an activity not related to the production of chemical weapon

(i) a specification of the measures that have been taken by the State Party for closure of, and a description of the measures that have been or will be taken by

(j) a description of the normal pattern of activity for safety and security at the inactivated facility; and

(k) a statement as to whether the facility will be converted for the destruction of chemical weapons and, if so, the dates for such conversions.

Declarations of chemical weapons production facilities pursuant to Article III, paragraph 1(c)(iii)

2. The declaration of chemical weapons production facilities pursuant to Article III, paragraph 1(c)(iii), shall contain all information specified in paragraph

Declarations of past transfers and receipts

3. A State Party that has transferred or received chemical weapons production equipment since 1 January 1946 shall declare these transfers and receipts pursuant

4. Chemical weapons production equipment referred to in paragraph 3 means:

(a) specialized equipment;

(b) equipment for the production of equipment specifically designed for use directly in connection with chemical weapons employment; and

(c) equipment designed or used exclusively for producing non-chemical parts for chemical munitions.

5. The declaration concerning transfer and receipt of chemical weapons production equipment shall specify:

(a) who received/transferred the chemical weapons production equipment;

(b) the identity of such equipment;

(c) the date of transfer or receipt;

(d) whether the equipment was destroyed, if known; and

(e) current disposition, if known.

Submission of general plans for destruction

6. For each chemical weapons production facility, a State Party shall supply the following information:

(a) envisaged time-frame for measures to be taken; and

(b) methods of destruction.

7. For each chemical weapons production facility that a State Party intends to convert temporarily into a chemical weapons destruction facility, the State Party

(a) envisaged time-frame for conversion into a destruction facility;

(b) envisaged time-frame for utilizing the facility as a chemical weapons destruction facility;

(c) description of the new facility;

(d) method of destruction of special equipment;

(e) time-frame for destruction of the converted facility after it has been utilized to destroy chemical weapons; and

(f) method of destruction of the converted facility.

Submission of annual plans for destruction and annual reports on destruction

8. The State Party shall submit an annual plan for destruction not less than 90 days before the beginning of the coming destruction year. The annual plan shall

(a) capacity to be destroyed;

(b) name and location of the facilities where destruction will take place;

(c) list of buildings and equipment that will be destroyed at each facility; and

(d) planned method(s) of destruction.

9. A State Party shall submit an annual report on destruction not later than 90 days after the end of the previous destruction year. The annual report shall spe

(a) capacity destroyed;

(b) name and location of each facility where destruction took place;

(c) list of buildings and equipment that were destroyed at each facility;

(d) methods of destruction.

10. For a chemical weapons production facility declared pursuant to Article III, paragraph 1(c)(iii), it is the responsibility of the State Party on whose terri

B. DESTRUCTION

General principles for destruction of chemical weapons production facilities

11. Each State Party shall decide on methods to be applied for the destruction of chemical weapons production facilities, according to the principles laid down

Principles and methods for closure of a chemical weapons production facility

12. The purpose of the closure of a chemical weapons production facility is to render it inactive.

13. Agreed measures for closure shall be taken by a State Party with due regard to the specific characteristics of each facility. Such measures shall include, i

(a) prohibition of occupation of the specialized buildings and standard buildings of the facility except for agreed activities;

(b) disconnection of equipment directly related to the production of chemical weapons, including, inter alia, process control equipment and utilities;

(c) decommissioning of protective installations and equipment used exclusively for the safety of operations of the chemical weapons production facility;

(d) installation of blind flanges and other devices to prevent the addition of chemicals to, or the removal of chemicals from, any specialized process equipment

(e) interruption of rail, road and other access routes for heavy transport to the chemical weapons production facility except those required for agreed activiti

14. While the chemical weapons production facility remains closed, a State Party may continue safety and physical security activities at the facility.

Technical maintenance of chemical weapons production facilities prior to their destruction

15. A State Party may carry out standard maintenance activities at chemical weapons production facilities only for safety reasons, including visual inspection,

16. All planned maintenance activities shall be specified in the general and detailed plans for destruction. Maintenance activities shall not include:

(a) replacement of any process equipment;

(b) modification of the characteristics of the chemical process equipment;

(c) production of chemicals of any type.

17. All maintenance activities shall be subject to monitoring by the Technical Secretariat.

Principles and methods for temporary conversion of chemical weapons production facilities into chemical weapons destruction facilities

18. Measures pertaining to the temporary conversion of chemical weapons production facilities into chemical weapons destruction facilities shall ensure that the

19. Chemical weapons production facilities converted into chemical weapons destruction facilities before entry into force of this Convention shall be declared u

They shall be subject to an initial visit by inspectors, who shall confirm the correctness of the information about these facilities. Verification that the conv

20. A State Party that intends to carry out a conversion of chemical weapons production facilities shall submit to the Technical Secretariat, not later than 30

21. Should a State Party have the need to convert to a chemical weapons destruction facility an additional chemical weapons production facility that had been cl

22. A facility converted for the destruction of chemical weapons shall not be more fit for resuming chemical weapons production than a chemical weapons producti

23. Converted chemical weapons production facilities shall be destroyed not later than 10 years after entry into force of this Convention.

24. Any measures for the conversion of any given chemical weapons production facility shall be facility-specific and shall depend upon its individual characteri

25. The set of measures carried out for the purpose of converting a chemical weapons production facility into a chemical weapons destruction facility shall not

Principles and methods related to destruction of a chemical weapons production facility

26. A State Party shall destroy equipment and buildings covered by the definition of a chemical weapons production facility as follows:

(a) all specialized equipment and standard equipment shall be physically destroyed;

(b) all specialized buildings and standard buildings shall be physically destroyed.

27. A State Party shall destroy facilities for producing unfilled chemical munitions and equipment for chemical weapons employment as follows:

(a) facilities used exclusively for production of non-chemical parts for chemical munitions or equipment specifically designed for use directly in connection wi

(b) all equipment designed or used exclusively for producing non-chemical parts for chemical munitions shall be physically destroyed. Such equipment, which incl

(c) all buildings and standard equipment used for such production activities shall be destroyed or converted for purposes not prohibited under this Convention,

(d) activities for purposes not prohibited under this Convention may continue while destruction or conversion proceeds.

Order of destruction

28. The order of destruction of chemical weapons production facilities is based on the obligations specified in Article I and the other Articles of this Convent

29. A State Party shall, for each destruction period, determine which chemical weapons production facilities are to be destroyed and carry out the destruction i

30. The following provisions shall apply to chemical weapons production facilities that produce Schedule 1 chemicals:

(a) a State Party shall start the destruction of such facilities not later than one year after this Convention enters into force for it, and shall complete it n

(b) production capacity shall be used as the comparison factor for such facilities. It shall be expressed in agent tonnes, taking into account the rules specifi

(c) appropriate agreed levels of production capacity shall be established for the end of the eighth year after entry into force of this Convention. Production c

(d) a requirement to destroy a given amount of capacity shall entail a requirement to destroy any other chemical weapons production facility that supplied the S

(e) chemical weapons production facilities that have been converted temporarily for destruction of chemical weapons shall continue to be subject to the obligati

31. A State Party shall start the destruction of chemical weapons production facilities not covered in paragraph 30 not later than one year after this Conventio

Detailed plans for destruction

32. Not less than 180 days before the destruction of a chemical weapons production facility starts, a State Party shall provide to the Technical Secretariat the

(a) timing of the presence of the inspectors at the facility to be destroyed; and

(b) procedures for verification of measures to be applied to each item on the declared inventory.

33. The detailed plans for destruction of each chemical weapons production facility shall contain:

(a) detailed time schedule of the destruction process;

(b) layout of the facility;

(c) process flow diagram;

(d) detailed inventory of equipment, buildings and other items to be destroyed;

(e) measures to be applied to each item on the inventory;

(f) proposed measures for verification;

(g) security/safety measures to be observed during the destruction of the facility; and

(h) working and living conditions to be provided for inspectors.

34. If a State Party intends to convert temporarily a chemical weapons production facility into a chemical weapons destruction facility, it shall notify the Tec

(a) specify the name, address, and location of the facility;

(b) provide a site diagram indicating all structures and areas that will be involved in the destruction of chemical weapons and also identify all structures of

(c) specify the types of chemical weapons, and the type and quantity of chemical fill to be destroyed;

(d) specify the destruction method;

(e) provide a process flow diagram, indicating which portions of the production process and specialized equipment will be converted for the destruction of chemi

(f) specify the seals and inspection equipment potentially affected by the conversion, if applicable; and

(g) provide a schedule identifying: The time allocated to design, temporary conversion of the facility, installation of equipment, equipment check-out, destruct

35. In relation to the destruction of a facility that was temporarily converted for destruction of chemical weapons, information shall be provided in accordance

Review of detailed plans

36. On the basis of the detailed plan for destruction and proposed measures for verification submitted by the State Party, and on experience from previous inspe

37. To ensure that the provisions of Article V and this Part are fulfilled, the combined plans for destruction and verification shall be agreed upon between the

38. Each member of the Executive Council may consult with the Technical Secretariat on any issues regarding the adequacy of the combined plan for destruction an

39. If there are any difficulties, the Executive Council shall enter into consultations with the State Party to reconcile them. If any difficulties remain unres

40. If agreement is not reached with the Executive Council on aspects of verification, or if the approved verification plan cannot be put into action, verificat

41. Destruction and verification shall proceed according to the agreed plan. The verification shall not unduly interfere with the destruction process and shall

42. If required verification or destruction actions are not taken as planned, all States Parties shall be so informed.

C. VERIFICATION

Verification of declarations of chemical weapons production facilities through on-site inspection

43. The Technical Secretariat shall conduct an initial inspection of each chemical weapons production facility in the period between 90 and 120 days after this

44. The purposes of the initial inspection shall be:

(a) to confirm that the production of chemical weapons has ceased and that the facility has been inactivated in accordance with this Convention;

(b) to permit the Technical Secretariat to familiarize itself with the measures that have been taken to cease production of chemical weapons at the facility;

(c) to permit the inspectors to install temporary seals;

(d) to permit the inspectors to confirm the inventory of buildings and specialized equipment;

(e) to obtain information necessary for planning inspection activities at the facility, including use of tamper-indicating seals and other agreed equipment, whi

(f) to conduct preliminary discussions regarding a detailed agreement on inspection procedures at the facility.

45. Inspectors shall employ, as appropriate, agreed seals, markers or other inventory control procedures to facilitate an accurate inventory of the declared ite

46. Inspectors shall install such agreed devices as may be necessary to indicate if any resumption of production of chemical weapons occurs or if any declared i

47. If, on the basis of the initial inspection, the Director-General believes that additional measures are necessary to inactivate the facility in accordance wi

Systematic verification of chemical weapons production facilities and cessation of their activities

48. The purpose of the systematic verification of a chemical weapons production facility shall be to ensure that any resumption of production of chemical weapon

49. The detailed facility agreement for each chemical weapons production facility shall specify:

(a) detailed on-site inspection procedures, which may include:

(i) visual examinations;

(ii) checking and servicing of seals and other agreed devices; and

(iii) obtaining and analysing samples;

(b) procedures for using tamper-indicating seals and other agreed equipment to prevent the undetected reactivation of the facility, which shall specify:

(i) the type, placement, and arrangements for installation; and

(ii) the maintenance of such seals and equipment; and

(c) other agreed measures.

50. The seals or other approved equipment provided for in a detailed agreement on inspection measures for that facility shall be placed not later than 240 days

51. During each calendar year, the Technical Secretariat shall be permitted to conduct up to four inspections of each chemical weapons production facility.

52. The Director-General shall notify the inspected State Party of his decision to inspect or visit a chemical weapons production facility 48 hours before the p

53. Inspectors shall, in accordance with the facility agreements, have unimpeded access to all parts of the chemical weapons production facilities. The items on

54. The guidelines for determining the frequency of systematic on-site inspections shall be considered and approved by the Conference pursuant to Article VIII,

Verification of destruction of chemical weapons production facilities

55. The purpose of systematic verification of the destruction of chemical weapons production facilities shall be to confirm that the facility is destroyed in ac

56. When all items on the declared inventory have been destroyed, the Technical Secretariat shall confirm the declaration of the State Party to that effect. Aft

57. After this confirmation, the State Party shall make the declaration that the facility has been destroyed.

Verification of temporary conversion of a chemical weapons production facility into a chemical weapons destruction facility

58. Not later than 90 days after receiving the initial notification of the intent to convert temporarily a production facility, the inspectors shall have the ri

59. Not later than 60 days after such a visit, the Technical Secretariat and the inspected State Party shall conclude a transition agreement containing addition

60. The inspected State Party shall not remove or convert any portion of the facility, or remove or modify any seal or other agreed inspection equipment that ma

61. Once the facility begins operation as a chemical weapons destruction facility, it shall be subject to the provisions of Part IV(A) of this Annex applicable

62. During destruction operations the inspectors shall have access to all portions of the temporarily converted chemical weapons production facilities, includin

63. Before the commencement of work at the facility to convert it temporarily for chemical weapons destruction purposes and after the facility has ceased to fun

D. CONVERSION OF CHEMICAL WEAPONS PRODUCTION FACILITIES TO PURPOSES NOT PROHIBITED UNDER THIS CONVENTION

Procedures for requesting conversion

64. A request to use a chemical weapons production facility for purposes not prohibited under this Convention may be made for any facility that a State Party is

65. For a chemical weapons production facility that is being used for purposes not prohibited under this Convention when this Convention enters into force for t

(a) a detailed justification for the request;

(b) a general facility conversion plan that specifies:

(i) the nature of the activity to be conducted at the facility;

(ii) if the planned activity involves production, processing, or consumption of chemicals: the name of each of the chemicals, the flow diagram of the facility,

(iii) which buildings or structures are proposed to be used and what modifications are proposed, if any;

(iv) which buildings or structures have been destroyed or are proposed to be destroyed and the plans for destruction;

(v) what equipment is to be used in the facility;

(vi) what equipment has been removed and destroyed and what equipment is proposed to be removed and destroyed and the plans for its destruction;

(vii) the proposed schedule for conversion, if applicable; and

(viii) the nature of the activity of each other facility operating at the site; and

(c) a detailed explanation of how measures set forth in subparagraph (b), as well as any other measures proposed by the State Party, will ensure the prevention

66. For a chemical weapons production facility that is not being used for purposes not prohibited under this Convention when this Convention enters into force f

(a) a detailed justification for the request, including its economic needs;

(b) a general facility conversion plan that specifies:

(i) the nature of the activity planned to be conducted at the facility;

(ii) if the planned activity involves production, processing, or consumption of chemicals: the name of each of the chemicals, the flow diagram of the facility,

(iii) which buildings or structures are proposed to be retained and what modifications are proposed, if any;

(iv) which buildings or structures have been destroyed or are proposed to be destroyed and the plans for destruction;

(v) what equipment is proposed for use in the facility;

(vi) what equipment is proposed to be removed and destroyed and the plans for its destruction;

(vii) the proposed schedule for conversion; and

(viii) the nature of the activity of each other facility operating at the site; and

(c) a detailed explanation of how the measures set forth in subparagraph (b), as well as any other measures proposed by the State Party, will ensure the prevent

67. The State Party may propose in its request any other measures it deems appropriate to build confidence.

Actions pending a decision

68. Pending a decision of the Conference, a State Party may continue to use for purposes not prohibited under this Convention a facility that was being used for

69. If the facility, for which the request was made, was not being used for purposes not prohibited under this Convention before this Convention enters into for

Conditions for conversion

70. As a condition for conversion of a chemical weapons production facility for purposes not prohibited under this Convention, all specialized equipment at the

71. A converted facility shall not be used:

(a) for any activity involving production, processing, or consumption of a Schedule 1 chemical or a Schedule 2 chemical; or

(b) for the production of any highly toxic chemical, including any highly toxic organophosphorus chemical, or for any other activity that would require special

72. Conversion of a chemical weapons production facility shall be completed not later than six years after entry into force of this Convention.

Decisions by the Executive Council and the Conference

73. Not later than 90 days after receipt of the request by the Director-General, an initial inspection of the facility shall be conducted by the Technical Secre

74. If the facility has been used for purposes not prohibited under this Convention before this Convention enters into force for the State Party, and is continu

75. As soon as possible after receiving the report of the Director-General, the Conference, upon recommendation of the Executive Council, shall decide, taking i

76. If the request is approved, a facility agreement shall be completed not later than 90 days after such a decision is taken. The facility agreement shall cont

Detailed plans for conversion

77. Not less than 180 days before conversion of a chemical weapons production facility is planned to begin, the State Party shall provide the Technical Secretar

(a) timing of the presence of the inspectors at the facility to be converted; and

(b) procedures for verification of measures to be applied to each item on the declared inventory.

78. The detailed plan for conversion of each chemical weapons production facility shall contain:

(a) detailed time schedule of the conversion process;

(b) layout of the facility before and after conversion;

(c) process flow diagram of the facility before, and as appropriate, after the conversion;

(d) detailed inventory of equipment, buildings and structures and other items to be destroyed and of the buildings and structures to be modified;

(e) measures to be applied to each item on the inventory, if any;

(f) proposed measures for verification;

(g) security/safety measures to be observed during the conversion of the facility; and

(h) working and living conditions to be provided for inspectors.

Review of detailed plans

79. On the basis of the detailed plan for conversion and proposed measures for verification submitted by the State Party, and on experience from previous inspec

80. To ensure that the provisions of Article V and this Part are fulfilled, the combined plans for conversion and verification shall be agreed upon between the

81. Each member of the Executive Council may consult with the Technical Secretariat on any issue regarding the adequacy of the combined plan for conversion and

82. If there are any difficulties, the Executive Council should enter into consultations with the State Party to reconcile them. If any difficulties remain unre

83. If agreement is not reached with the Executive Council on aspects of verification, or if the approved verification plan cannot be put into action, verificat

84. Conversion and verification shall proceed according to the agreed plan. The verification shall not unduly interfere with the conversion process and shall be

85. For the 10 years after the Director-General certifies that conversion is complete, the State Party shall provide to inspectors unimpeded access to the facil

86. Costs of verification of the converted facility shall be allocated in accordance with Article V, paragraph 19.

PART VI

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 1 CHEMICALS AND FACILITIES RELATED TO SUCH CHEMICALS

A. GENERAL PROVISIONS

1. A State Party shall not produce, acquire, retain or use Schedule 1 chemicals outside the territories of States Parties and shall not transfer such chemicals

2. A State Party shall not produce, acquire, retain, transfer or use Schedule 1 chemicals unless:

(a) the chemicals are applied to research, medical, pharmaceutical or protective purposes; and

(b) the types and quantities of chemicals are strictly limited to those which can be justified for such purposes; and

(c) the aggregate amount of such chemicals at any given time for such purposes is equal to or less than 1 tonne; and

(d) the aggregate amount for such purposes acquired by a State Party in any year through production, withdrawal from chemical weapons stocks and transfer is equ

B. TRANSFERS

3. A State Party may transfer Schedule 1 chemicals outside its territory only to another State Party and only for research, medical, pharmaceutical or protectiv

4. Chemicals transferred shall not be retransferred to a third State.

5. Not less than 30 days before any transfer to another State Party both States Parties shall notify the Technical Secretariat of the transfer.

6. Each State Party shall make a detailed annual declaration regarding transfers during the previous year. The declaration shall be submitted not later than 90

(a) the chemical name, structural formula and Chemical Abstracts Service registry number, if assigned;

(b) the quantity acquired from other States or transferred to other States Parties. For each transfer the quantity, recipient and purpose shall be included.

C. PRODUCTION

General principles for production

7. Each State Party, during production under paragraphs 8 to 12, shall assign the highest priority to ensuring the safety of people and to protecting the enviro

Single small-scale facility

8. Each State Party that produces Schedule 1 chemicals for research, medical, pharmaceutical or protective purposes shall carry out the production at a single s

9. The production at a single small-scale facility shall be carried out in reaction vessels in production lines not configurated for continuous operation. The v

Other facilities

10. Production of Schedule 1 chemicals in aggregate quantities not exceeding 10 kg per year may be carried out for protective purposes at one facility outside a

11. Production of Schedule 1 chemicals in quantities of more than 100 g per year may be carried out for research, medical or pharmaceutical purposes outside a s

12. Synthesis of Schedule 1 chemicals for research, medical or pharmaceutical purposes, but not for protective purposes, may be carried out at laboratories in a

D. DECLARATIONS

Single small-scale facility

13. Each State Party that plans to operate a single small-scale facility shall provide the Technical Secretariat with the precise location and a detailed techni

14. Each State Party shall give advance notification to the Technical Secretariat of planned changes related to the initial declaration. The notification shall

15. A State Party producing Schedule 1 chemicals at a single small-scale facility shall make a detailed annual declaration regarding the activities of the facil

(a) identification of the facility;

(b) for each Schedule 1 chemical produced, acquired, consumed or stored at the facility, the following information:

(i) the chemical name, structural formula and Chemical Abstracts Service registry number, if assigned;

(ii) the methods employed and quantity produced;

(iii) the name and quantity of precursors listed in Schedules 1, 2, or 3 used for production of Schedule 1 chemicals;

(iv) the quantity consumed at the facility and the purpose(s) of the consumption;

(v) the quantity received from or shipped to other facilities in the State Party. For each shipment the quantity, recipient and purpose should be included;

(vi) the maximum quantity stored at any time during the year; and

(vii) the quantity stored at the end of the year; and

(c) information on any changes at the facility during the year compared to previously submitted detailed technical descriptions of the facility including invent

16. Each State Party producing Schedule 1 chemicals at a single small-scale facility shall make a detailed annual declaration regarding the projected activities

(a) identification of the facility;

(b) for each Schedule 1 chemical anticipated to be produced, consumed or stored at the facility, the following information:

(i) the chemical name, structural formula and Chemical Abstracts Service registry number, if assigned;

(ii) the quantity anticipated to be produced and the purpose of the production; and

(c) information on any anticipated changes at the facility during the year compared to previously submitted detailed technical descriptions of the facility incl

Other facilities referred to in paragraphs 10 and 11

17. For each facility, a State Party shall provide the Technical Secretariat with the name, location and a detailed technical description of the facility or its

18. Each State Party shall give advance notification to the Technical Secretariat of planned changes related to the initial declaration. The notification shall

19. Each State Party shall, for each facility, make a detailed annual declaration regarding the activities of the facility for the previous year. The declaratio

(a) identification of the facility;

(b) for each Schedule 1 chemical the following information:

(i) the chemical name, structural formula and Chemical Abstracts Service registry number, if assigned;

(ii) the quantity produced and, in case of production for protective purposes, methods employed;

(iii) the name and quantity of precursors listed in Schedules 1, 2, or 3, used for production of Schedule 1 chemicals;

(iv) the quantity consumed at the facility and the purpose of the consumption;

(v) the quantity transferred to other facilities within the State Party. For each transfer the quantity, recipient and purpose should be included;

(vi) the maximum quantity stored at any time during the year; and

(vii) the quantity stored at the end of the year; and

(c) information on any changes at the facility or its relevant parts during the year compared to previously submitted detailed technical description of the faci

20. Each State Party shall, for each facility, make a detailed annual declaration regarding the projected activities and the anticipated production at the facil

(a) identification of the facility;

(b) for each Schedule 1 chemical the following information:

(i) the chemical name, structural formula and Chemical Abstracts Service registry number, if assigned; and

(ii) the quantity anticipated to be produced, the time periods when the production is anticipated to take place and the purposes of the production; and

(c) information on any anticipated changes at the facility or its relevant parts, during the year compared to previously submitted detailed technical descriptio

E. VERIFICATION

Single small-scale facility

21. The aim of verification activities at the single small-scale facility shall be to verify that the quantities of Schedule 1 chemicals produced are correctly

22. The facility shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments.

23. The number, intensity, duration, timing and mode of inspections for a particular facility shall be based on the risk to the object and purpose of this Conve

24. The purpose of the initial inspection shall be to verify information provided concerning the facility, including verification of the limits on reaction vess

25. Not later than 180 days after this Convention enters into force for a State Party, it shall conclude a facility agreement, based on a model agreement, with

26. Each State Party planning to establish a single small-scale facility after this Convention enters into force for it shall conclude a facility agreement, bas

27. A model for agreements shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i).

Other facilities referred to in paragraphs 10 and 11

28. The aim of verification activities at any facility referred to in paragraphs 10 and 11 shall be to verify that:

(a) the facility is not used to produce any Schedule 1 chemical, except for the declared chemicals;

(b) the quantities of Schedule 1 chemicals produced, processed or consumed are correctly declared and consistent with needs for the declared purpose; and

(c) the Schedule 1 chemical is not diverted or used for other purposes.

29. The facility shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments.

30. The number, intensity, duration, timing and mode of inspections for a particular facility shall be based on the risk to the object and purpose of this Conve

31. Not later than 180 days after this Convention enters into force for a State Party, it shall conclude facility agreements with the Organization, based on a m

32. Each State Party planning to establish such a facility after entry into force of this Convention shall conclude a facility agreement with the Organization b

PART VII

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES RELATED TO SUCH CHEMICALS

A. DECLARATIONS

Declarations of aggregate national data

1. The initial and annual declarations to be provided by each State Party pursuant to Article VI, paragraphs 7 and 8, shall include aggregate national data for

2. Each State Party shall submit:

(a) initial declarations pursuant to paragraph 1 not later than 30 days after this Convention enters into force for it; and, starting in the following calendar

(b) annual declarations not later than 90 days after the end of the previous calendar year.

Declarations of plant site producing, processing or consuming Schedule 2 chemicals

3. Initial and annual declarations are required for all plant sites that comprise one or more plant(s) which produced, processed or consumed during any of the p

(a) 1 kg of a chemical designated “*” in Schedule 2, part A;

(b) 100 kg of any other chemical listed in schedule 2, part A; or

(c) 1 tonne of a chemical listed in Schedule 2, part B.

4. Each State Party shall submit:

(a) initial declarations pursuant to paragraph 3 not later than 30 days after this Convention enters into force for it; and, starting in the following calendar

(b) annual declarations on past activities not later than 90 days after the end of the previous calendar year;

(c) annual declarations on anticipated activities not later than 60 days before the beginning of the following calendar year. Any such activity additionally pla

5. Declarations pursuant to paragraph 3 are generally not required for mixtures containing a low concentration of a Schedule 2 chemical. They are only required,

6. Declarations of a plant site pursuant to paragraph 3 shall include:

(a) the name of the plant site and the name of the owner, company, or enterprise operating it;

(b) its precise location including the address; and

(c) the number of plants within the plant site which are declared pursuant to Part VIII of this Annex.

7. Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant which is located within the plant site and which falls under the spec

(a) the name of the plant and the name of the owner, company, or enterprise operating it;

(b) its precise location within the plant site including the specific building or structure number, if any;

(c) its main activities;

(d) whether the plant:

(i) produces, processes, or consumes the declared Schedule 2 chemical(s);

(ii) is dedicated to such activities or multi-purpose; and

(iii) performs other activities with regard to the declared Schedule 2 chemical(s), including a specification of that other activity (eg storage); and

(e) the production capacity of the plant for each declared Schedule 2 chemical.

8. Declarations of a plant site pursuant to paragraph 3 shall also include the following information on each Schedule 2 chemical above the declaration threshold

(a) the chemical name, common or trade name used by the facility, structural formula, and Chemical Abstracts Service registry number, if assigned;

(b) in the case of the initial declaration: the total amount produced, processed, consumed, imported and exported by the plant site in each of the three previou

(c) in the case of the annual declaration on past activities: the total amount produced, processed, consumed, imported and exported by the plant site in the pre

(d) in the case of the annual declaration on anticipated activities: the total amount anticipated to be produced, processed or consumed by the plant site in the

(e) the purpose for which the chemical was or will be produced, processed or consumed:

(i) processing and consumption on site with a specification of the product types;

(ii) sale or transfer within the territory or to any other place under the jurisdiction or control of the State Party, with a specification whether to other ind

(iii) direct export, with a specification of the States involved; or

(iv) other, including a specification of these other purposes.

Declarations on past production of Schedule 2 chemicals for chemical weapons purposes

9. Each State Party shall, not later than 30 days after this Convention enters into force for it, declare all plant sites comprising plants that produced at any

10. Declarations of a plant site pursuant to paragraph 9 shall include:

(a) the name of the plant site and the name of the owner, company, or enterprise operating it;

(b) its precise location including the address;

(c) for each plant which is located within the plant site, and which falls under the specifications set forth in paragraph 9, the same information as required u

(d) for each Schedule 2 chemical produced for chemical weapons purposes:

(i) the chemical name, common or trade name used by the plant site for chemical weapons production purposes, structural formula, and Chemical Abstracts Service

(ii) the dates when the chemical was produced and the quantity produced; and

(iii) the location to which the chemical was delivered and the final product produced there, if known.

Information to States Parties

11. A list of plant sites declared under this Section together with the information provided under paragraphs 6, 7(a), 7(c), 7(d)(i), 7(d)(iii), 8(a) and 10 sha

B. VERIFICATION

General

12. Verification provided for in Article VI, paragraph 4, shall be carried out through on-site inspection at those of the declared plant sites that comprise one

(a) 10 kg of a chemical designated “*” in Schedule 2, part A;

(b) 1 tonne of any other chemical listed in Schedule 2, part A; or

(c) 10 tonnes of a chemical listed in Schedule 2, part B.

13. The programme and budget of the Organization to be adopted by the Conference pursuant to Article VIII, paragraph 21(a) shall contain, as a separate item, a

14. The Technical Secretariat shall conduct initial inspections and subsequent inspections in accordance with paragraphs 15 to 22.

Inspection aims

15. The general aim of inspections shall be to verify that activities are in accordance with obligations under this Convention and consistent with the informati

(a) the absence of any Schedule 1 chemical, especially its production, except if in accordance with Part VI of this Annex;

(b) consistency with declarations of levels of production, processing or consumption of Schedule 2 chemicals; and

(c) non-diversion of Schedule 2 chemicals for activities prohibited under this Convention.

Initial inspections

16. Each plant site to be inspected pursuant to paragraph 12 shall receive an initial inspection as soon as possible but preferably not later than three years a

17. During the initial inspection, a draft facility agreement for the plant site shall be prepared unless the inspected State Party and the Technical Secretaria

18. With regard to frequency and intensity of subsequent inspections, inspectors shall during the initial inspection assess the risk to the object and purpose o

(a) the toxicity of the scheduled chemicals and of the end-products produced with it, if any;

(b) the quantity of the scheduled chemicals typically stored at the inspected site;

(c) the quantity of feedstock chemicals for the scheduled chemicals typically stored at the inspected site;

(d) the production capacity of the Schedule 2 plants; and

(e) the capability and convertibility for initiating production, storage and filling of toxic chemicals at the inspected site.

Inspections

19. Having received the initial inspection, each plant site to be inspected pursuant to paragraph 12 shall be subject to subsequent inspections.

20. In selecting particular plant sites for inspection and in deciding on the frequency and intensity of inspections, the Technical Secretariat shall give due c

21. The Technical Secretariat shall choose a particular plant site to be inspected in such a way as to preclude the prediction of exactly when it will be inspec

22. No plant site shall receive more than two inspections per calendar year under the provisions of this Section. This, however, shall not limit inspections pur

Inspection procedures

23. In addition to agreed guidelines, other relevant provisions of this Annex and the Confidentiality Annex, paragraphs 24 to 30 below shall apply.

24. A facility agreement for the declared plant site shall be concluded not later than 90 days after completion of the initial inspection between the inspected

25. The focus of the inspection shall be the declared Schedule 2 plant(s) within the declared plant site. If the inspection team requests access to other parts

26. Access to records shall be provided, as appropriate, to provide assurance that there has been no diversion of the declared chemical and that production has

27. Sampling and analysis shall be undertaken to check for the absence of undeclared schedule chemicals.

28. Areas to be inspected may include:

(a) areas where feed chemicals (reactants) are delivered or stored;

(b) areas where manipulative processes are performed upon the reactants prior to addition to the reaction vessels;

(c) feed lines as appropriate from the areas referred to in subparagraph (a) or subparagraph (b) to the reaction vessels together with any associated valves, fl

(d) the external aspect of the reaction vessels and ancillary equipment;

(e) lines from the reaction vessels leading to long- or short-term storage or to equipment further processing the declared Schedule 2 chemicals;

(f) control equipment associated with any of the items under subparagraphs (a) to (e);

(g) equipment and areas for waste and effluent handling;

(h) equipment and areas for disposition of chemicals not up to specification.

29. The period of inspection shall not last more than 96 hours; however, extensions may be agreed between the inspection team and the inspected State Party.

Notification of inspection

30. A State Party shall be notified by the Technical Secretariat of the inspection not less than 48 hours before the arrival of the inspection team at the plant

C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION

31. Schedule 2 chemicals shall only be transferred to or received from States Parties. This obligation shall take effect three years after entry into force of t

32. During this interim three-year period, each State Party shall require an end-use certificate, as specified below, for transfers of Schedule 2 chemicals to s

(a) that they will only be used for purposes not prohibited under this Convention;

(b) that they will not be re-transferred;

(c) their types and quantities;

(d) their end-use(s); and

(e) the name(s) and address(es) of the end-user(s).

PART VIII

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES RELATED TO SUCH CHEMICALS

A. DECLARATIONS

Declarations of aggregate national data

1. The initial and annual declarations to be provided by a State Party pursuant to Article VI, paragraphs 7 and 8, shall include aggregate national data for the

2. Each State Party shall submit:

(a) initial declarations pursuant to paragraph 1 not later than 30 days after this Convention enters into force for it, and, starting in the following calendar

(b) annual declarations not later than 90 days after the end of the previous calendar year.

Declarations of plant sites producing Schedule 3 chemicals

3. Initial and annual declarations are required for all plant sites that comprise one or more plants which produced during the previous calendar year or are ant

4. Each State Party shall submit:

(a) initial declarations pursuant to paragraph 3 not later than 30 days after this Convention enters into force for it; and, starting in the following calendar

(b) annual declarations on past activities not later than 90 days after the end of the previous calendar year;

(c) annual declarations on anticipated activities not later than 60 days before the beginning of the following calendar year. Any such activity additionally pla

5. Declarations pursuant to paragraph 3 are generally not required for mixtures containing a low concentration of a Schedule 3 chemical. They are only required,

6. Declarations of a plant site pursuant to paragraph 3 shall include:

(a) the name of the plant site and the name of the owner, company, or enterprise operating it;

(b) its precise location including the address; and

(c) the number of plants within the plant site which are declared pursuant to Part VII of this Annex.

7. Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant which is located within the plant site and which falls under the spec

(a) the name of the plant and the name of the owner, company, or enterprise operating it;

(b) its precise location within the plant site, including the specific building or structure number, if any;

(c) its main activities.

8. Declarations of a plant site pursuant to paragraph 3 shall also include the following information on each Schedule 3 chemical above the declaration threshold

(a) the chemical name, common or trade name used by the facility, structural formula, and Chemical Abstracts Service registry number, if assigned;

(b) the approximate amount of production of the chemical in the previous calendar year, or, in case of declarations on anticipated activities, anticipated for t

(c) the purposes for which the chemical was or will be produced.

Declarations on past production of Schedule 3 chemicals for chemical weapons purposes

9. Each State Party shall, not later than 30 days after this Convention enters into force for it, declare all plant sites comprising plants that produced at any

10. Declarations of a plant site pursuant to paragraph 9 shall include:

(a) the name of the plant site and the name of the owner, company, or enterprise operating it;

(b) its precise location including the address;

(c) for each plant which is located within the plant site, and which falls under the specifications set forth in paragraph 9, the same information as required u

(d) for each Schedule 3 chemical produced for chemical weapons purposes:

(i) the chemical name, common or trade name used by the plant site for chemical weapons production purposes, structural formula, and Chemical Abstracts Service

(ii) the dates when the chemical was produced and the quantity produced; and

(iii) the location to which the chemical was delivered and the final product produced there, if known.

Information to States Parties

11. A list of plant sites declared under this Section together with the information provided under paragraphs 6, 7(a), 7(c), 8(a) and 10 shall be transmitted by

B. VERIFICATION

General

12. Verification provided for in paragraph 5 of Article VI shall be carried out through on-site inspections at those declared plant sites which produced during

13. The programme and budget of the Organization to be adopted by the Conference pursuant to Article VIII, paragraph 21(a), shall contain, as a separate item, a

14. Under this Section, the Technical Secretariat shall randomly select plant sites for inspection through appropriate mechanisms, such as the use of specially

(a) equitable geographical distribution of inspections; and

(b) the information on the declared plant sites available to the Technical Secretariat, related to the relevant chemical, the characteristics of the plant site

15. No plant site shall receive more than two inspections per year under the provisions of this Section. This, however, shall not limit inspections pursuant to

16. In selecting plant sites for inspection under this Section, the Technical Secretariat shall observe the following limitation for the combined number of insp

Inspection aims

17. At plant sites declared under Section A, the general aim of inspections shall be to verify that activities are consistent with the information to be provide

Inspection procedures

18. In addition to agreed guidelines, other relevant provisions of this Annex and the Confidentiality Annex, paragraphs 19 to 25 below shall apply.

19. There shall be no facility agreement, unless requested by the inspected State Party.

20. The focus of the inspections shall be the declared Schedule 3 plant(s) within the declared plant site. If the inspection team, in accordance with Part II, p

21. The inspection team may have access to records in situations in which the inspection team and the inspected State Party agree that such access will assist i

22. Sampling and on-site analysis may be undertaken to check for the absence of undeclared scheduled chemicals. In case of unresolved ambiguities, samples may b

23. Areas to be inspected may include:

(a) areas where feed chemicals (reactants) are delivered or stored;

(b) areas where manipulative processes are performed upon the reactants prior to addition to the reaction vessel;

(c) feed lines as appropriate from the areas referred to in subparagraph (a) or subparagraph (b) to the reaction vessel together with any associated valves, flo

(d) the external aspect of the reaction vessels and ancillary equipment;

(e) lines from the reaction vessels leading to long- or short-term storage or to equipment further processing the declared Schedule 3 chemicals;

(f) control equipment associated with any of the items under subparagraphs (a) to (e);

(g) equipment and areas for waste and effluent handling;

(h) equipment and areas for disposition of chemicals not up to specification.

24. The period of inspection shall not last more than 24 hours; however, extensions may be agreed between the inspection team and the inspected State Party.

Notification of inspection

25. A State Party shall be notified by the Technical Secretariat of the inspection not less than 120 hours before the arrival of the inspection team at the plan

C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION

26. When transferring Schedule 3 chemicals to States not Party to this Convention, each State Party shall adopt the necessary measures to ensure that the transf

(a) that they will only be used for purposes not prohibited under this Convention;

(b) that they will not be re-transferred;

(c) their types and quantities;

(d) their end-use(s); and

(e) the name(s) and address(es) of the end-user(s).

27. Five years after entry into force of this Convention, the Conference shall consider the need to establish other measures regarding transfers of Schedule 3 c

PART IX

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN ACCORDANCE WITH ARTICLE VI

REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES

A. DECLARATIONS

List of other chemical production facilities

1. The initial declaration to be provided by each State Party pursuant to Article VI, paragraph 7, shall include a list of all plant sites that:

(a) produced by synthesis during the previous calendar year more than 200 tonnes of unscheduled discrete organic chemicals; or

(b) comprise one or more plants which produced by synthesis during the previous calendar year more than 30 tonnes of an unscheduled discrete organic chemical co

2. The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall not include plant sites that exclusively produced explosives o

3. Each State Party shall submit its list of other chemical production facilities pursuant to paragraph 1 as part of its initial declaration not later than 30 d

4. The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall include the following information on each plant site:

(a) The name of the plant site and the name of the owner, company, or enterprise operating it;

(b) The precise location of the plant site including its address;

(c) Its main activities; and

(d) The approximate number of plants producing the chemicals specified in paragraph 1 in the plant site.

5. With regard to plant sites listed pursuant to paragraph 1(a), the list shall also include information on the approximate aggregate amount of production of th

6. With regard to plant sites listed pursuant to paragraph 1(b), the list shall also specify the number of PSF-plants within the plant site and include informat

Assistance by the Technical Secretariat

7. If a State Party, for administrative reasons, deems it necessary to ask for assistance in compiling its list of chemical production facilities pursuant to pa

Information to States Parties

8. The lists of other chemical production facilities submitted pursuant to paragraph 1, including the information provided under paragraph 4, shall be transmitt

B. VERIFICATION

General

9. Subject to the provisions of Section C, verification as provided for in Article VI, paragraph 6, shall be carried out through on-site inspection at:

(a) plant sites listed pursuant to paragraph 1(a); and

(b) plant sites listed pursuant to paragraph 1(b) that comprise one or more PSF-plants which produced during the previous calendar year more than 200 tonnes of

10. The programme and budget of the Organization to be adopted by the Conference pursuant to Article VIII, paragraph 21(a), shall contain, as a separate item, a

11. Under this Section, the Technical Secretariat shall randomly select plant sites for inspection through appropriate mechanisms, such as the use of specially

(a) equitable geographical distribution of inspections;

(b) the information on the listed plant sites available to the Technical Secretariat, related to the characteristics of the plant site and the activities carrie

(c) proposals by States Parties on a basis to be agreed upon in accordance with paragraph 25.

12. No plant site shall receive more than two inspections per year under the provisions of this Section. This, however, shall not limit inspections pursuant to

13. In selecting plant sites for inspection under this Section, the Technical Secretariat shall observe the following limitation for the combined number of insp

Inspection aims

14. At plant sites listed under Section A, the general aim of inspections shall be to verify that activities are consistent with the information to be provided

Inspection procedures

15. In addition to agreed guidelines, other relevant provisions of this Annex and the Confidentiality Annex, paragraphs 16 to 20 below shall apply.

16. There shall be no facility agreement, unless requested by the inspected State Party.

17. The focus of inspection at a plant site selected for inspection shall be the plant(s) producing the chemicals specified in paragraph 1, in particular the PS

18. The inspection team may have access to records in situations in which the inspection team and the inspected State Party agree that such access will assist i

19. Sampling and on-site analysis may be undertaken to check for the absence of undeclared scheduled chemicals. In cases of unresolved ambiguities, samples may

20. The period of inspection shall not last more than 24 hours; however, extensions may be agreed between the inspection team and the inspected State Party.

Notification of Inspection

21. A State Party shall be notified by the Technical Secretariat of the inspection not less than 120 hours before the arrival of the inspection team at the plan

C. IMPLEMENTATION AND REVIEW OF SECTION B

Implementation

22. The implementation of Section B shall start at the beginning of the fourth year after entry into force of this Convention unless the Conference, at its regu

23. The Director-General shall, for the regular session of the Conference in the third year after entry into force of this Convention, prepare a report which ou

24. At its regular session in the third year after entry into force of this Convention, the Conference, on the basis of a report of the Director-General, may al

25. At its regular session in the third year after entry into force of this Convention, the Conference, upon advice of the Executive Council, shall decide on wh

Review

26. At the first special session of the Conference convened pursuant to Article VIII, paragraph 22, the provisions of this Part of the Verification Annex shall

PART X

CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX

A. DESIGNATION AND SELECTION OF INSPECTORS AND INSPECTION ASSISTANTS

1. Challenge inspections pursuant to Article IX shall only be performed by inspectors and inspection assistants especially designated for this function. In orde

2. The Director-General shall determine the size of the inspection team and select its members taking into account the circumstances of a particular request. Th

B. PRE-INSPECTION ACTIVITIES

3. Before submitting the inspection request for a challenge inspection, the State Party may seek confirmation from the Director-General that the Technical Secre

Notification

4. The inspection request for a challenge inspection to be submitted to the Executive Council and the Director-General shall contain at least the following info

(a) the State Party to be inspected and, if applicable, the Host State;

(b) the point of entry to be used;

(c) the size and type of the inspection site;

(d) the concern regarding possible non-compliance with this Convention including a specification of the relevant provisions of this Convention about which the c

(e) the name of the observer of the requesting State Party.

The requesting State Party may submit any additional information it deems necessary.

5. The Director-General shall within one hour acknowledge to the requesting State Party receipt of its request.

6. The requesting State Party shall notify the Director-General of the location of the inspection site in due time for the Director-General to be able to provid

7. The inspection site shall be designated by the requesting State Party as specifically as possible by providing a site diagram related to a reference point wi

8. The requested perimeter shall:

(a) run at least a 10 metre distance outside any buildings or other structures;

(b) not cut through existing security enclosures; and

(c) run at least a 10 metre distance outside any existing security enclosures that the requesting State Party intends to include within the requested perimeter.

9. If the requested perimeter does not conform with the specifications of paragraph 8, it shall be redrawn by the inspection team so as to conform with that pro

10. The Director-General shall, not less than 12 hours before the planned arrival of the inspection team at the point of entry, inform the Executive Council abo

11. Contemporaneously with informing the Executive Council according to paragraph 10, the Director-General shall transmit the inspection request to the inspecte

12. Upon arrival of the inspection team at the point of entry, the inspected State Party shall be informed by the inspection team of the inspection mandate.

Entry into the territory of the inspected State Party or the Host State

13. The Director-General shall, in accordance with Article IX, paragraphs 13 to 18, dispatch an inspection team as soon as possible after an inspection request

14. If the requested perimeter is acceptable to the inspected State Party, it shall be designated as the final perimeter as early as possible, but in no case la

15. For all declared facilities, the procedures in subparagraphs (a) and (b) shall apply. (For the purposes of this Part, “declared facility” means all faciliti

(a) if the requested perimeter is contained within or conforms with the declared perimeter, the declared perimeter shall be considered the final perimeter. The

(b) the inspected State Party shall transport the inspection team to the final perimeter as soon as practicable, but in any case shall ensure their arrival at t

Alternative determination of final perimeter

16. At the point of entry, if the inspected State Party cannot accept the requested perimeter, it shall propose an alternative perimeter as soon as possible, bu

17. The alternative perimeter should be designated as specifically as possible in accordance with paragraph 8. It shall include the whole of the requested perim

(a) an alternative perimeter that does not extend to an area significantly greater than that of the requested perimeter;

(b) an alternative perimeter that is a short, uniform distance from the requested perimeter;

(c) at least part of the requested perimeter is visible from the alternative perimeter.

18. If the alternative perimeter is acceptable to the inspection team, it shall become the final perimeter and the inspection team shall be transported from the

19. If a final perimeter is not agreed, the perimeter negotiations shall be concluded as early as possible, but in no case shall they continue more than 24 hour

20. Once at the location, the inspected State Party shall provide the inspection team with prompt access to the alternative perimeter to facilitate negotiations

21. If no agreement is reached within 72 hours after the arrival of the inspection team at the location, the alternative perimeter shall be designated the final

Verification of location

22. To help establish that the inspection site to which the inspection team has been transported corresponds to the inspection site specified by the requesting

Securing the site, exit monitoring

23. Not later than 12 hours after the arrival of the inspection team at the point of entry, the inspected State Party shall begin collecting factual information

24. This obligation may be met by collecting factual information in the form of traffic logs, photographs, video recordings, or data from chemical evidence equi

25. Upon the inspection team's arrival at the alternative perimeter or final perimeter, whichever occurs first, securing the site, which means exit monitoring p

26. Such procedures shall include: the identification of vehicular exits, the making of traffic logs, the taking of photographs, and the making of video recordi

27. Additional procedures for exit monitoring activities as agreed upon by the inspection team and the inspected State Party may include, inter alia:

(a) use of sensors;

(b) random selective access;

(c) sample analysis.

28. All activities for securing the site and exit monitoring shall take place within a band around the outside of the perimeter, not exceeding 50 metres in widt

29. The inspection team has the right to inspect on a managed access basis vehicular traffic exiting the site. The inspected State Party shall make every reason

30. Personnel and vehicles entering and personnel and personal passenger vehicles exiting the site are not subject to inspection.

31. The application of the above procedures may continue for the duration of the inspection, but may not unreasonable hamper or delay the normal operation of th

Pre-inspection briefing and inspection plan

32. To facilitate development of an inspection plan, the inspected State Party shall provide a safety and logistical briefing to the inspection team prior to ac

33. The pre-inspection briefing shall be held in accordance with Part II, paragraph 37, of this Annex. In the course of the pre-inspection briefing, the inspect

34. After the pre-inspection briefing, the inspection team shall prepare, on the basis of the information available and appropriate to it, an initial inspection

Perimeter activities

35. Upon the inspection team's arrival at the final or alternative perimeter, whichever occurs first, the team shall have the right to commence immediately peri

36. In conducting the perimeter activities, the inspection team shall have the right to:

(a) use monitoring instruments in accordance with Part II, paragraphs 27 to 30, of this Annex;

(b) take wipes, air, soil or effluent samples; and

(c) conduct any additional activities which may be agreed between the inspection team and the inspected State Party.

37. The perimeter activities of the inspection team may be conducted within a band around the outside of the perimeter up to 50 metres in width measured outward

C. CONDUCT OF INSPECTIONS

General rules

38. The inspected State Party shall provide access within the requested perimeter as well as, if different, the final perimeter. The extent and nature of access

39. The inspected State Party shall provide access within the requested perimeter as soon as possible, but in any case not later than 108 hours after the arriva

40. Upon the request of the inspection team, the inspected State Party may provide aerial access to the inspection site.

41. In meeting the requirement to provide access as specified in paragraph 38, the inspected State Party shall be under the obligation to allow the greatest deg

42. If the inspected State Party provides less than full access to places, activities, or information, it shall be under the obligation to make every reasonable

43. Upon arrival at the final perimeter of facilities declared pursuant to Articles IV, V and VI, access shall be granted following the pre-inspection briefing

44. In carrying out the challenge inspection in accordance with the inspection request, the inspection team shall use only those methods necessary to provide su

45. The inspection team shall be guided by the principle of conducting the challenge inspection in the least intrusive manner possible, consistent with the effe

Managed access

46. The inspection team shall take into consideration suggested modifications of the inspection plan and proposals which may be made by the inspected State Part

47. The inspected State Party shall designate the perimeter entry/exit points to be used for access. The inspection team and the inspected State Party shall neg

48. In conformity with the relevant provisions in the Confidentiality Annex the inspected State Party shall have the right to take measures to protect sensitive

(a) removal of sensitive papers from office spaces;

(b) shrouding of sensitive displays, stores, and equipment;

(c) shrouding of sensitive pieces of equipment, such as computer or electronic systems;

(d) logging off of computer systems and turning off of data indicating devices;

(e) restriction of sample analysis to presence or absence of chemicals listed in Schedules 1, 2 and 3 or appropriate degradation products;

(f) using random selective access techniques whereby the inspectors are requested to select a given percentage or number of buildings of their choice to inspect

(g) in exceptional cases, giving only individual inspectors access to certain parts of the inspection site.

49. The inspected State Party shall make every reasonable effort to demonstrate to the inspection team that any object, building, structure, container or vehicl

50. This may be accomplished by means of, inter alia, the partial removal of a shroud or environmental protection cover, at the discretion of the inspected Stat

51. In the case of facilities declared pursuant to Articles IV, V and VI, the following shall apply:

(a) for facilities with facility agreements, access and activities within the final perimeter shall be unimpeded within the boundaries established by the agreem

(b) for facilities without facility agreements, negotiation of access and activities shall be governed by the applicable general inspection guidelines establish

(c) access beyond that granted for inspections under Articles IV, V and VI shall be managed in accordance with procedures of this section.

52. In the case of facilities declared pursuant to Article III, paragraph 1(d), the following shall apply: if the inspected State Party, using procedures of par

Observer

53. In accordance with the provisions of Article IX, paragraph 12, on the participation of an observer in the challenge inspection, the requesting State Party s

54. The observer shall have the right throughout the period of inspection to be in communication with the embassy of the requesting State Party located in the i

55. The observer shall have the right to arrive at the alternative or final perimeter of the inspection site, wherever the inspection team arrives first, and to

56. Throughout the in-country period, the inspected State Party shall provide or arrange for the amenities necessary for the observer such as communication mean

Duration of inspection

57. The period of inspection shall not exceed 84 hours, unless extended by agreement with the inspected State Party.

D. POST-INSPECTION ACTIVITIES

Departure

58. Upon completion of the post-inspection procedures at the inspection site, the inspection team and the observer of the requesting State Party shall proceed p

Reports

59. The inspection report shall summarize in a general way the activities conducted by the inspection team and the factual findings of the inspection team, part

60. The inspection team shall, not later than 72 hours after its return to its primary work location, submit a preliminary inspection report, having taken into

61. A draft final inspection report shall be made available to the inspected State Party not later than 20 days after the completion of the challenge inspection

PART XI

INVESTIGATIONS IN CASES OF ALLEGED USE OF CHEMICAL WEAPONS

A. GENERAL

1. Investigations of alleged use of chemical weapons, or of alleged use of riot control agents as a method of warfare, initiated pursuant to Articles IX of X, s

2. The following additional provisions address specific procedures required in cases of alleged use of chemical weapons.

B. PRE-INSPECTION ACTIVITIES

Request for an investigation

3. The request for an investigation of an alleged use of chemical weapons to be submitted to the Director-General, to the extent possible, should include the fo

(a) the State Party on whose territory use of chemical weapons is alleged to have taken place;

(b) the point of entry or other suggested safe routes of access;

(c) location and characteristics of the areas where chemical weapons are alleged to have been used;

(d) when chemical weapons are alleged to have been used;

(e) types of chemical weapons believed to have been used;

(f) extent of alleged use;

(g) characteristics of the possible toxic chemicals;

(h) effects on humans, animals and vegetation;

(i) request for specific assistance, if applicable.

4. The State Party which has requested an investigation may submit at any time any additional information it deems necessary.

Notification

5. The Director-General shall immediately acknowledge receipt to the requesting State Party of its request and inform the Executive Council and all States Parti

6. If applicable, the Director-General shall notify the State Party on whose territory an investigation has been requested. The Director-General shall also noti

Assignment of inspection team

7. The Director-General shall prepare a list of qualified experts whose particular field of expertise could be required in an investigation of alleged use of ch

8. The Director-General shall select the leader and members of an inspection team from the inspectors and inspection assistants already designated for challenge

9. When briefing the inspection team, the Director-General shall include any additional information provided by the requesting State Party, or any other sources

Dispatch of inspection team

10. Immediately upon the receipt of a request for an investigation of alleged use of chemical weapons the Director-General shall, through contacts with the rele

11. The Director-General shall dispatch the team at the earliest opportunity, taking into account the safety of the team.

12. If the inspection team has not been dispatched within 24 hours from the receipt of the request, the Director-General shall inform the Executive Council and

Briefings

13. The inspection team shall have the right to be briefed by representatives of the inspected State Party upon arrival and at any time during the inspection.

14. Before the commencement of the inspection the inspection team shall prepare an inspection plan to serve, inter alia, as a basis for logistic and safety arra

C. CONDUCT OF INSPECTIONS

Access

15. The inspection team shall have the right of access to any and all areas which could be affected by the alleged use of chemical weapons. It shall also have t

Sampling

16. The inspection team shall have the right to collect samples of types, and in quantities it considers necessary. If the inspection team deems it necessary, a

17. Samples of importance in the investigation of alleged use include toxic chemicals, munitions and devices, remnants of munitions and devices, environmental s

18. If duplicate samples cannot be taken and the analysis is performed at off-site laboratories, any remaining sample shall, if so requested, be returned to the

Extension of inspection site

19. If the inspection team during an inspection deems it necessary to extend the investigation into a neighbouring State Party, the Director-General shall notif

Extension of inspection duration

20. If the inspection team deems that safe access to a specific area relevant to the investigation is not possible, the requesting State Party shall be informed

Interviews

21. The inspection team shall have the right to interview and examine persons who may have been affected by the alleged use of chemical weapons. It shall also h

D. REPORTS

Procedures

22. The inspection team shall, not later than 24 hours after its arrival on the territory of the inspected State Party, send a situation report to the Director-

23. The inspection team shall, not later than 72 hours after its return to its primary work location, submit a preliminary report to the Director-General. The f

Contents

24. The situation report shall indicate any urgent need for assistance and any other relevant information. The progress reports shall indicate any further need

25. The final report shall summarize the factual findings of the inspection, particularly with regard to the alleged use cited in the request. In addition, a re

(a) the locations and time of sampling and on-site analyses; and

(b) supporting evidence, such as the records of interviews, the results of medical examinations and scientific analyses, and the documents examined by the inspe

26. If the inspection team collects through, inter alia, identification of any impurities or other substances during laboratory analysis of samples taken, any i

E. STATES NOT PARTY TO THIS CONVENTION

27. In the case of alleged use of chemical weapons involving a State not Party to this Convention or in territory not controlled by a State Party, the Organizat

ANNEX 3

ANNEX ON THE PROTECTION OF CONFIDENTIAL INFORMATION (“CONFIDENTIALITY ANNEX”)

CONTENTS

Page

A. GENERAL PRINCIPLES FOR THE HANDLING OF CONFIDENTIAL INFORMATION 109 B. EMPLOYMENT AND CONDUCT OF PERSONNEL IN THE TECHNICAL SECRETARIAT 111 C. MEASURES TO PR

A. GENERAL PRINCIPLES FOR THE HANDLING OF CONFIDENTIAL INFORMATION

1. The obligation to protect confidential information shall pertain to the verification of both civil and military activities and facilities. Pursuant to the ge

(a) require only the minimum amount of information and data necessary for the timely and efficient carrying out of its responsibilities under this Convention;

(b) take the necessary measures to ensure that inspectors and other staff members of the Technical Secretariat meet the highest standards of efficiency, compete

(c) develop agreements and regulations to implement the provisions of this Convention and shall specify as precisely as possible the information to which the Or

2. The Director-General shall have the primary responsibility for ensuring the protection of confidential information. The Director-General shall establish a st

(a) information shall be considered confidential if:

(i) it is so designated by the State Party from which the information was obtained and to which the information refers; or

(ii) in the judgement of the Director-General, its unauthorized disclosure could reasonably be expected to cause damage to the State Party to which it refers or

(b) all data and documents obtained by the Technical Secretariat shall be evaluated by the appropriate unit of the Technical Secretariat in order to establish w

(i) the initial and annual reports and declarations provided by States Parties under Articles III, IV, V and VI, in accordance with the provisions set forth in

(ii) general reports on the results and effectiveness of verification activities; and

(iii) information to be supplied to all States Parties in accordance with the provisions of this Convention;

(c) no information obtained by the Organization in connection with the implementation of this Convention shall be published or otherwise released, except, as fo

(i) general information on the implementation of this Convention may be compiled and released publicly in accordance with the decisions on the Conference of the

(ii) any information may be released with the express consent of the State Party to which the information refers;

(iii) information classified as confidential shall be released by the Organization only through procedures which ensure that the release of information only occ

(d) the level of sensitivity of confidential data or documents shall be established, based on criteria to be applied uniformly in order to ensure their appropri

(e) confidential information shall be stored securely at the premises of the Organization. Some data or documents may also be stored with the National Authority

(f) to the greatest extent consistent with the effective implementation of the verification provisions of this Convention, information shall be handled and stor

(g) the amount of confidential information removed from a facility shall be kept to a minimum necessary for the timely and effective implementation of the verif

(h) access to confidential information shall be regulated in accordance with its classification. The dissemination of confidential information within the Organi

3. The Director-General shall report annually to the Conference on the implementation of the regime governing the handling of confidential information by the Te

4. Each State Party shall treat information which it receives from the Organization in accordance with the level of confidentiality established for that informa

B. EMPLOYMENT AND CONDUCT OF PERSONNEL IN THE TECHNICAL SECRETARIAT

5. Conditions of staff employment shall be such as to ensure that access to and handling of confidential information shall be in conformity with the procedures

6. Each position in the Technical Secretariat shall be governed by a formal position description that specifies the scope of access to confidential information,

7. The Director-General, the inspectors and the other members of the staff shall not disclose even after termination of their functions to any unauthorized pers

8. In the discharge of their functions inspectors shall only request the information and data which are necessary to fulfil their mandate. They shall not make a

9. The staff shall enter into individual secrecy agreements with the Technical Secretariat covering their period of employment and a period of five years after

10. In order to avoid improper disclosures, inspectors and staff members shall be appropriately advised and reminded about security considerations and of the po

11. Not less than 30 days before an employee is given clearance for access to confidential information that refers to activities on the territory or in any othe

12. In evaluating the performance of inspectors and any other employees of the Technical Secretariat, specific attention shall be given to the employee’s record

C. MEASURES TO PROTECT SENSITIVE INSTALLATIONS AND PREVENT DISCLOSURE OF CONFIDENTIAL DATA IN THE COURSE OF ON-SITE VERIFICATION ACTIVITIES

13. States Parties may take such measures as they deem necessary to protect confidentiality, provided that they fulfil their obligations to demonstrate complian

14. Inspection teams shall be guided by the principle of conducting on-site inspections in the least intrusive manner possible consistent with the effective and

15. Inspection teams shall strictly abide by the provisions set forth in the relevant Articles and Annexes governing the conduct of inspections. They shall full

16. In the elaboration of arrangements and facility agreements, due regard shall be paid to the requirement of protecting confidential information. Agreements o

17. The report to be prepared after each inspection shall only contain facts relevant to compliance with this Convention. The report shall be handled in accorda

D. PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES OF CONFIDENTIALITY

18. The Director-General shall establish necessary procedures to be followed in case of breaches or alleged breaches of confidentiality, taking into account rec

19. The Director-General shall oversee the implementation of individual secrecy agreements. The Director-General shall promptly initiate an investigation if, in

20. The Director-General shall impose appropriate punitive and disciplinary measures on staff members who have violated their obligations to protect confidentia

21. States Parties shall, to the extent possible, cooperate and support the Director-General in investigating any breach or alleged breach of confidentiality an

22. The Organization shall not be held liable for any breach of confidentiality committed by members of the Technical Secretariat.

23. For breaches involving both a State Party and the Organization, a “Commission for the settlement of disputes related to confidentiality”, set up as a subsid