THE CHEMICAL WEAPONS CONVENTION ACT, 2000 
____________ 

ARRNGEMENT OF SECTIONS 
____________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent, application and commencement. 
2.  Definitions. 
3.  Application of the Convention. 
4.  Power of Central Government to deny the request for inspection. 
5.  Power of Central Government to declare Cessation of the Act. 

CHAPTER II 

ESTABLISHMENT OF THE NATIONAL AUTHORITY AND ITS POWERS AND FUNCTIONS 

6.  Establishment of National Authority. 
7.  Powers and functions of National Authority. 
8.  National Authority to submit initial, annual and other periodical declaration to Organization. 
9.  Appointment of enforcement officers. 
10.  Power of National Authority to issue directions. 
11.  Power of Central Government to constitute Committee. 
12.  Power of National Authority to call for information, etc. 

CHAPTER III 

PROHIBITION AND REGULATION OF CHEMICAL WEAPONS AND TOXIC CHEMICALS 

13.  Prohibition to develop, produce, acquire, etc., Chemical Weapons. 
14.  Knowledge about Old or Abandoned Chemical Weapons to be informed to National Authority. 
15.  Prohibition to develop, produce, acquire, etc., Toxic Chemical or Precursor. 
16.  Restriction on transfer of Toxic Chemical or Precursor listed in Schedule 2. 
17.  Export or import to be made in accordance with Export and Import Policy. 

CHAPTER IV 

REGISTRATION OF PERSONS AS PRODUCERS , USERS. ETC. 

18.  Registration of person engaged in production, etc., of any Toxic Chemical or Precursor. 

CHAPTER V 

INSPECTION, SEARCH, SEIZURE AND FORFEITURE 

19.  Power of Inspector to inspect any person or place. 
20.  Enforcement officer to enter into any place for examining and testing facility or to conduct 

search. 

21.  Certain acts to constitute an offence. 
22.  Power to issue warrant and authorisation. 
23.  Power of entry, search, seizure and arrest without warrant or authorisation. 
24.  Power of seizure and arrest in public places. 
25.  Procedure where seizure of goods liable to confiscation not possible. 
26.  Power to stop and search conveyance. 
27.  Conditions under which search of persons be conducted. 
28.  Provisions of Act 2 of 1974 to apply to arrests, searches and seizures. 
29.  Disposal of persons arrested and goods seized. 
30.  Power to invest officers of the National Authority, etc., with powers of an officer in charge of a 

police station. 

31.  Police to take charge of goods seized and delivered. 
32.  Report of arrest and seizure. 

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SECTIONS 

33.  Liability of Toxic Chemical, Precursor and conveyance to confiscation. 
34.  Confiscation of Goods used for concealing Toxic Chemicals or Precursors. 
35.  Confiscation of sale proceeds of goods. 
36.  Procedure in making confiscation. 
37.  Power to call for information, etc. 
38.  Information as to commission of offences. 

CHAPTER VI 

OFFENCES AND PENALTIES 

39.  Punishment for failure to register. 
40.  Punishment for contravention in relation to development, production, etc., of Chemical Weapons 

or riot control agents, etc. 

41.  Punishment for contravention in relation to Toxic Chemicals, etc., listed in Schedule 1. 
42.  Punishment for contravention in relation to transfer of Toxic Chemical, etc., listed in Schedule 2. 
43.  Punishment for contravention in relation to export or import of Toxic Chemicals, etc. 
44.  Punishment for contravention in relation to disclosure of confidential information. 
45.  Punishment for contravention in relation to denial of access. 
46.  Punishment for contravention in relation to failure to furnish information, declaration or return. 
47.  Offence punishable under section 46 to be cognizable. 
48.  Offences by companies. 
49.  Prosecution of offences. 
50.  Appeals from the decision of National Authority. 
51.  Provisions of Convention not to apply to certain mixtures. 

CHAPTER VII 

MISCELLANEOUS 

52.  Protection of action taken in good faith. 
53.  Power to delegate. 
54.  Officers to be public servants. 
55.  Removal of difficulties. 
56.  Power to make rules. 

THE SCHEDULE. 

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THE CHEMICAL WEAPONS CONVENTION ACT, 2000 

ACT NO. 34 OF 2000 

[26th August, 2000.] 

An  Act  to  give  effect  to  the  Convention  on  the  Prohibition  of  the  Development,  Production, 
Stockpiling  and  Use  of  Chemical  Weapons  and  on  their  Destruction  and  to  provide  for 
matters connected therewith or incidental thereto. 

WHEREAS a Convention on the Prohibition of the Development, Production, Stockpiling and Use of 
Chemical Weapons and on their Destruction was signed on behalf of the Government of India at Paris on 
the 14th day of January, 1993; 

AND  WHEREAS  India,  having  ratified  the  said  Convention,  has to  make  provisions  for  giving  effect 

thereto and for matters connected therewith or incidental thereto. 

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1. Short title, extent, application and commencement.—(1) This Act may be called the Chemical 

Weapons Convention Act, 2000. 

(2) It extends to the whole of India, and it shall apply to— 

(a) citizens of India outside India; and 

(b) associates, branches or subsidiaries, outside India of companies or bodies corporate, registered 

or incorporated in India. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint; and different dates may be appointed for different provisions of this Act. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Article” means an Article of the Convention; 

(b) “Chemical Weapons” means,— 

(i)  the  Toxic  Chemicals  and  their  precursors,  except  where  intended  for  purposes  not 
prohibited  under  the  Convention,  as  long  as  the  types  and  quantities  are  consistent  with  such 
purposes; 

(ii) the munitions and devices, specifically designed to cause death or other harm through the 
toxic properties of those Toxic Chemicals specified in sub-clause (i), which would be released as 
a result of the employment of such munitions and devices; 

(iii) any equipment specifically designed for use directly in connection with the employment 

of munitions and devices specified in sub-clause (ii),  

together or separately; 

(c)  “Convention”  means  the  Convention  on  the  Prohibition  of  the  Development,  Production, 
Stockpiling  and  Use  of  Chemical  Weapons  and  on  their  Destruction  signed  on  behalf  of  the 
Government of India at Paris on the 14th day of January, 1993; 

(d)  “enforcement  officer”  means  a  person  appointed  as  such  by  the  Central  Government  under 

sub-section (1) of section 9 or by the State Government under sub-section (2) of that section; 

(e) “goods”, in relation to Toxic Chemicals, Precursors or Discrete Organic Chemicals including 
those  Discrete  Organic  Chemicals  containing  elements  of  phosphorous,  sulphur  or  fluorine,  means 
any  material,  commodity,  article  or  compound  consisting  of  such  Toxic  Chemicals,  Precursors  or 
Discrete  Organic  Chemicals  including  those  Discrete  Organic  Chemicals  containing  elements  of 
phosphorous,  sulphur  or  fluorine  and  includes  materials,  commodities,  articles,  compounds  or 
apparatus  used  in  the  production,  processing  or  storing  of  Toxic  Chemicals,  Precursors  or  Discrete 

1. 1st July, 2005 (except sections 18 and 39), vide notification No. S.O. 818(E), dated 13th June, 2005, see Gazette of India, 

Extraordinary, Part II, sec. 3(ii). 

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Organic Chemicals including those Discrete Organic Chemicals containing elements of phosphorous, 
sulphur or fluorine; 

(f) “industry” includes a Facility; 

(g)  “Inspector”  means  an  individual  designated  by  the  Technical  Secretariat,  according  to  the 
procedures as set forth in Part II, Section A, of the Verification Annex to the Convention, to carry out 
an inspection or visit in accordance with the Convention; 

(h)  “National  Authority”  means  the  National  Authority  for  the  Chemical  Weapons  Convention 

established under sub-section (1) of section 6; 

(i) “Organization” means the Organization for the prohibition of Chemical Weapons established 

pursuant to Article VIII; 

(j) “prescribed” means prescribed by rules made under this Act; 

(k) “purposes not prohibited under the Convention” means— 

(i) industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes; 

(ii)  protective  purposes  namely  those  purposes  directly  related  to  protection  against  Toxic 

Chemicals and to protection against Chemical Weapons; 

(iii) military purposes not connected with the use of Chemical Weapons and not dependant on 

the use of the Toxic Properties of Chemicals as a method of warfare; and 

(iv) law enforcement including domestic riot control purposes; 

(l)  “State  Party”  means  a  signatory  or  acceding  State  to  the  Convention  whose  instrument  of 

ratification or accession has been deposited with the Depository of the Convention; 

(m) words and expressions used in this Act and not defined but defined in the Convention, or the 
Code of Criminal Procedure, 1973 (2 of 1974), shall have the meanings respectively assigned to them 
in that Convention or Code. 

3. Application of the Convention.—(1) Notwithstanding anything to the contrary contained in any 
other law, the provisions of the Convention set out in the Schedule to this Act shall have the force of law 
in India. 

(2)  The  Central  Government  may,  from  time  to  time  and  by  notification  in  the  Official  Gazette, 
amend the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the 
said Convention set out therein. 

4.  Power  of  Central  Government  to  deny  the  request  for  inspection.—Where  the  Central 
Government considers any inspection of a Chemical Weapons Production Facility in India under this Act 
to be against the interest of national security or economic interests of India, it may deny the request for 
such inspection. 

5. Power of Central Government to declare Cessation of the Act.—The Central Government may, 
by  notification  in  the  Official  Gazette,  declare  that  this  Act  shall  cease  to  be  in  force  in  case  the 
Government of India withdraws from the Convention in accordance  with the provisions of Article XVI, 
and  on  such  declaration  this  Act  shall  cease  to  be  in  force,  but  its  expiry  under  the  operation  of  this 
section shall not affect— 

(a) the previous operation of, or anything duly done or suffered under, this Act or any rule made 

there under or any order made under any such rule, or 

(b) any right privilege, obligation or liability acquired, accrued or incurred under this Act or any 

rule made thereunder or any order made under any such rule, or 

(c) any penalty, forfeiture or punishment incurred in respect of any offence under this Act, or 

(d)  any  investigation,  legal  proceeding  or  remedy  in  respect  of  any  such  right,  privilege, 

obligation, liability, penalty, forfeiture or punishment as aforesaid,  

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any 
such penalty, forfeiture or punishment may be imposed as if this Act had not expired. 

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CHAPTER II 

ESTABLISHMENT OF THE NATIONAL AUTHORITY AND ITS POWERS AND FUNCTIONS 

6. Establishment of National Authority.—(1) For the purposes of this Act, the Central Government 
shall establish, by notification in the Official Gazette, an Authority to be known as the National Authority 
for implementing the provisions of the Convention which shall consist of a Chairperson and such number 
of Directors as may be appointed by the Central Government. 

(2) The Central Government may appoint officers and such other employees to the National Authority 

as it thinks fit for the purposes of this Act. 

(3)  The  salary  and  allowances  payable  to,  and  other  terms  and  conditions  of  service  of,  the 

Chairperson and the Directors shall be such as may be prescribed. 

(4) The salary and allowances payable to, and other terms and conditions of service of, officers and 

other employees of the National Authority shall be such as may be prescribed. 

(5)  In  the  exercise  of  its  powers  and  performance  of  its  functions  under  this  Act,  the  National 

Authority shall be subject to the control of the Central Government. 

7. Powers and functions of National Authority.—(1) Subject to the provisions of this Act,— 

(a) it shall be the general duty of the National Authority to fulfil, on behalf of the Government of 

India, the obligations under the Convention; 

(b) it shall be incumbent on the National Authority to act as the national focal point for effective 

liaison with the Organization and other States Parties on matters relating to the Convention. 

(2) Subject to the provisions of sub-section (1), the functions of the National Authority shall be to— 

(a)  interact  with  the  Organistion  and  other  States  Parties  for  the  purpose  of  fulfilling  the 

obligations of the Government of India under the Convention; 

(b) monitor compliance with the provisions of the Convention; 

(c) regulate and monitor the development, production, processing, consumption, transfer or use of 

Toxic Chemicals or Precursors as specified in the Convention; 

(d) make request to, or to receive request from, a State Party for assistance and protection under 

Article X, against the use or threat of use of Chemical Weapons; 

(e)  manage  routine  inspection  or  Challenge  Inspection  or  managing  investigation,  in  case  a 
complaint of use of Chemical Weapons or riot control agents as a method of warfare is received from 
the Organization; 

(f) conduct inspections for the purposes of this Act; 

(g)  interact  with  the  Organization  in  respect  of  acceptance  of  request  of  India  for  Challenge 
Inspection or to counter any frivolous or defamatory request made by any State Party against India to 
the Organization; 

(h) scrutinise and accept list of Inspectors and to verify the Approved Equipment brought by an 

Inspection Team on to the Inspection Site; 

(i) provide escort to the Inspection Team and the Observer within the territory of India; 

(j)  identify  and  oversee  the  closure  and  destruction  of  Chemical  Weapons,  Chemical  Weapons 

Production Facilities, Old Chemical Weapons or Abandoned Chemical Weapons; 

(k) negotiate Managed Access during the Challenge Inspection; 

(l) ensure decontamination of Approved Equipment after completion of an Inspection; 

(m)  advise  Central  Government  for  laying  down  safeguards  for  transportation,  sampling  or 
storage of Chemical Weapons and fixation of standards for emission or discharge of environmental 
pollutants arising out of the destruction of Chemical Weapons, Old Chemical Weapons, Abandoned 
Chemical Weapons or Chemical Weapons Production Facility; 

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(n)  ensure  data  base  confidentiality  and  maintain  secrecy  of  confidential  information  and 

technology collected or received by the National Authority under this Act; 

(o)  facilitate  exchange  of  scientific  and  technological  information  relating  to  developments  in 

chemicals amongst the States Parties; 

(p) call for such information from any person which the National Authority has reasonable cause 
to  believe  that  such  information  may  be  required  for  complying  with  the  provisions  of  the 
Convention; 

(q) approve and declare, on behalf of the Government of India, a single small-scale facility for 
production of Toxic Chemicals listed in Schedule 1 in the Annex on Chemicals to the Convention for 
purposes not prohibited under the Convention; 

(r) provide training to enforcement officers; 

(s)  ensure  protection  of  environment,  health  and  safety  of  the  people  during  transportation, 
sampling, storage or destruction of Chemical Weapons, Chemical Weapons Production Facilities, Old 
Chemical Weapons or Abandoned Chemical Weapons; 

(t) co-ordinate exchange of scientific and technological information among laboratories handling 

Toxic Chemicals or Precursors; 

(u)  determine,  from  time  to  time,  the  quantity  limit  that  a  person  at  any  time  may  produce, 
otherwise  acquire,  retain,  transfer  or  use  any  Toxic  Chemical  or  Precursor  listed  in  any  of  the 
Schedules  1  to  3  in  the  Annex  on  Chemicals  to  the  Convention,  any  Discrete  Organic  Chemical 
including  Discrete  Organic  Chemical  containing  elements  of  phosphorous,  sulphur  or  fluorine  for 
purposes not prohibited under the Convention; 

(v) such other functions as may be prescribed. 

8.  National  Authority  to  submit  initial,  annual  and  other  periodical  declarations  to 
Organization.—The  National  Authority  shall  prepare  such  initial,  annual  and  other  periodical 
declarations regarding Toxic Chemicals or Precursors listed in any of the Schedules 1 to 3 in the Annex 
on  Chemicals  to  the  Convention,  Discrete  Organic  Chemicals  including  those  Discrete  Organic 
Chemicals  containing  elements  of  phosphorous, sulphur  or fluorine,  Chemical  Weapons,  Old  Chemical 
Weapons, Abandoned Chemical Weapons, riot control agents, Chemical Weapons Production Facilities, 
past transfers of Chemical Weapons or their production equipments or any other declaration required to 
be made under the Convention and shall submit such declarations to the Organization at such time as are 
specified under the Convention. 

9. Appointment of enforcement officers.—(1) The Central Government may, by notification in the 
Official Gazette, appoint such of the officers of the National Authority 1[or of the Central Government] as 
it thinks fit to be enforcement officers for the purposes of this Act: 
1[Provided that such officers shall fulfil the prescribed criteria.] 

(2)  The  State  Government  may,  as  and  when  so  directed  by  the  Central  Government  and  by 
notification  in  the  Official  Gazette,  appoint  such  of  its  officers  of  gazetted  rank  as  it  thinks  fit  to  be 
enforcement officers for the purposes of this Act and assign to them such local limits as it may think fit. 

(3) Every officer appointed as enforcement officer under sub-section (1) or under sub-section (2) shall 
be  furnished  by  the  Central  Government  or  by  the  State  Government,  as  the  case  may  be,  with  a 
certificate of appointment as an enforcement officer and the certificate shall, on demand, be produced by 
such enforcement officer. 

10. Power of National Authority to issue directions.—Notwithstanding anything contained in any 
other  law  but  subject  to  the  provisions  of  this  Act  ,the  National  Authority  may,  in  the  exercise  of  its 
powers and performance of its functions under this Act, issue directions in writing to any person, officer 
or authority and such person, officer or authority shall be bound to comply with such directions. 

1. Ins. by Act 36 of 2012, s. 2 (w.e.f. 23-11-2012). 

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Explanation.—For  the  avoidance  of  doubts,  it  is  hereby  declared  that  the  power  to  issue  direction 

under this section includes the power to direct— 

(a)  the  closure,  prohibition  or  regulation  of  any  company,  firm  or  industry  engaged  in  the 
development, production, processing, consumption or use of any Toxic Chemical or Precursor listed 
in any of the Schedules 1 to 3 in the Annex on Chemicals to the Convention or, the production of any 
Discrete  Organic  Chemical  including  Discrete  Organic  Chemicals  containing  elements  of 
phosphorous, sulphur or fluorine; or 

(b) the  stoppage  or regulation  of the supply  of  electricity  or  water or any  other service  to  such 

company, firm or industry. 

11. Power of Central Government to constitute Committee.—The Central Government may, if it 
considers  it  necessary  or  expedient  so  to  do  for  the  purposes  of  this  Act,  by  order,  published  in  the 
Official Gazette, constitute a Committee by such name as may be specified in the order for the purpose of 
overseeing the functions of the National Authority and exercising and performing such of the powers and 
functions of the Central Government under this Act (except the power to make rules under section 56) as 
may be specified in the order and subject to the supervision and control of the Central Government and 
the  provisions  of  such  order,  such  Committee  may  exercise  the  powers  or  perform  the  functions  so 
specified in the order as if such Committee had been empowered by this Act to exercise those powers or 
perform those functions. 

12.  Power  of  National  Authority  to  call  for  information,  etc.—(1)  Notwithstanding  anything 
contained in any other law for the time being in force, the National Authority may, by general or special 
order,  call  upon  a  person,  to  furnish  to  that  Authority  periodically  or  as  and  when  required  any 
information,  declaration  or  return  concerning  Toxic  Chemicals  or  Precursors  listed  in  any  of  the 
Schedules  1  to  3  in  the  Annex  on  Chemicals  to  the  Convention,  Chemical  Weapons,  Old  Chemical 
Weapons, Abandoned Chemical Weapons, Chemical Weapons Production Facilities, riot control agents, 
single  small-scale  facility  or  Discrete  Organic  Chemicals  including  those  Discrete  Organic  Chemicals 
containing elements of phosphorous, sulphur or fluorine with such particulars as may be specified by the 
National Authority. 

(2)  No  person  shall,  when  complying  with  any  requisition  made  under  sub-section  (1),  give  any 
information or furnish any declaration, return or statement which he knows, or has reasonable cause to 
believe to be false or not true in any material particular. 

CHAPTER III 

PROHIBITION AND REGULATION OF CHEMICAL WEAPONS AND TOXIC CHEMICALS 

13. Prohibition to develop, produce, acquire, etc., Chemical Weapons.—(1) No person shall— 

(a) develop, produce, otherwise acquire, stockpile, retain or use Chemical Weapons or transfer, 

directly or indirectly, any Chemical Weapons to any person; 

(b) use riot control agents as a method of warfare; 

(c) engage in any military preparations to use Chemical Weapons; 

(d) assist, encourage or induce, in any manner, any person to engage in— 

(i) the use of any riot control agent as a method of warfare; 

(ii) any other activity prohibited to a State Party under the Convention. 

(2)  The  prohibition  contained  in  sub-section  (1)  shall  not  apply  to  the  retention  or  possession  of 

Chemical Weapons, which are permitted by the Convention, pending destruction of such Weapons. 

14.  Knowledge  about  Old  or  Abandoned  Chemical  Weapons  to  be  informed  to  National 
Authority.—Any person having knowledge about the possession or location of Old Chemical Weapons 
or Abandoned Chemical Weapons shall inform the National Authority of such possession and the precise 
location of such Old Chemical Weapons or Abandoned Chemical Weapons within seven days from the 
commencement of this Act: 

Provided  that  where  the  knowledge  about  the  possession  or  location  of  Old  Chemical  Weapons  or 
Abandoned  Chemical  Weapons  is  obtained  after  the  commencement  of  this  Act,  an  information  about 

7 

 
knowledge of such possession or location shall be given to the National Authority within seven days from 
the occurrence of such knowledge. 

15.  Prohibition  to  develop,  produce,  acquire,  etc.,  Toxic  Chemical  or  Precursor.—No  person 

shall— 

(a)  produce,  acquire,  retain  or  use  toxic  Chemicals  or  Precursors  listed  in  Schedule  1  in  the 
Annex on Chemicals to the Convention, outside the territories of States Parties, and shall not transfer 
such Chemicals or Precursors outside the territory of India except to another State Party; 

(b) produce, acquire, retain, transfer or use Toxic Chemicals or Precursors listed in Schedule 1 in 
the  Annex  on  Chemicals  to  the  Convention  without  permission  from  the  National  Authority  and 
unless— 

(i) the Toxic Chemicals or Precursors listed in Schedule 1 in the Annex on Chemicals to the 
Convention are for the purposes to be applied to research, medical, pharmaceutical or protective 
purposes; and 

(ii)  the  types  of  Toxic  Chemicals  or  Precursors  are  strictly  limited  to  those  that  can  be 
justified with reference to the purposes specified in sub-clause (i) and the quantities of such Toxic 
Chemicals  or  Precursors  for  such  purposes  at  any  time  do  not  exceed  the  limits  fixed  by  the 
National Authority; 

(c) transfer the Toxic Chemicals or Precursors listed in Schedule 1 in the Annex on Chemicals to 

the Convention to another State Party outside India except— 

(i) for the purposes specified in sub-clause (i) of clause (b); and 

(ii)  in  accordance  with  the  procedure  set  out  in  Part  VI  of  the  Verification  Annex  to  the 

Convention: 

Provided that no Toxic Chemicals or Precursors referred to in clause (c) shall be re-transferred to any 

third State. 

1[16.  Restriction  on  transfer  of  Toxic  Chemical  or Precursor  listed  in  Schedule  2.—No  person 
shall transfer to, or receive from, a State which is not a party to the Convention or any person who is not a 
citizen of a State Party, any Toxic Chemical or Precursor listed in Schedule 2 in the Annex on Chemicals 
to the Convention.] 

17.  Export  or  import  to  be  made  in  accordance  with  Export  and  Import  Policy.—No  person 
shall export from, or import into, India a Toxic Chemical or Precursor listed in any of the Schedules 1 to 
3 in the Annex on Chemicals to the Convention except in accordance with the provisions of the Export 
and  Import  Policy  determined  by  the  Central  Government  from  time  to  time  under  the  Foreign  Trade 
(Development and Regulation) Act, 1992 (22 of 1992) and the Orders issued thereunder. 

CHAPTER IV 

REGISTRATION OF PERSONS AS PRODUCERS, USERS, ETC. 

18.  Registration  of  persons  engaged  in  production,  etc.,  of  any  Toxic  Chemical  or          

Precursor.—(1) 2[Subject to such exemptions and thresholds as may be prescribed, every person who is] 
engaged  in  the  production,  processing,  acquisition,  consumption,  transfer,  import,  export  or  use  of  any 
Toxic  Chemical  or  Precursor  listed  in  any  of  the  Schedules  1  to  3  in  the  Annex  on  Chemicals  to  the 
Convention or, engaged in the production of any Discrete Organic Chemical including Discrete Organic 
Chemicals containing elements of phosphorous, sulphur or fluorine shall make,  within thirty days from 
the  commencement  of  this  Act,  an  application  for  registration  of  his  name,  as  a  producer,  processor, 
acquirer, consumer, transferor, importer, exporter or user of any Toxic Chemical or Precursor or, as the 
case  may  be,  as  a  producer  of  any  Discrete  Organic  Chemicals  including  Discrete  Organic  Chemicals 
containing  elements  of  phosphorous,  sulphur  or  fluorine,  to  such  registration  authority  as  the  Central 
Government may, by notification in the Official Gazette, specify in this behalf. 

1. Subs. by Act 36 of 2012, s. 3, for section 16 (w.e.f. 23-11-2012). 
2. Subs. by s. 4, ibid., for “Every person who is” (w.e.f. 23-11-2012). 

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(2)  1[Subject  to  such  exemptions  and  thresholds  as  may  be  prescribed,  no  person,  who  after  the 
coming into force of this section], desires to produce, process, acquire, consume, transfer, import, export 
or use any Toxic Chemical or Precursor listed in any of the Schedules 1 to 3 in the Annex on Chemicals 
to  the  Convention  or,  desires  to  produce  any  Discrete  Organic  Chemical  including  Discrete  Organic 
Chemicals containing elements of phosphorous, sulphur or fluorine, shall commence business unless such 
person has applied to the registration authority specified under sub-section (1) for registration of his name 
as a producer, processor, acquirer, consumer, transferor, importer, exporter or user of any Toxic Chemical 
or Precursor or, as the case may be, as a producer of any Discrete Organic Chemical including Discrete 
Organic Chemicals containing elements of phosphorous, sulphur or fluorine. 

(3)  The  form  of  application  to  be  made  to  the  registration  authority  under  sub-section  (1)  or                   

sub-section  (2),  the  particulars  to  be  contained  in  such  application  form,  the  manner  in  which  such 
application shall be made, the fee payable on such application, the form of certificate of registration, the 
procedure  to  be  followed  in  granting  or  cancelling  certificate  of  registration  shall  be  such  as  may  be 
prescribed. 

(4)  On  receipt  of  the  application  referred  to  in  sub-section  (1)  or  sub-section  (2),  the  registration 
authority shall, if the application is in the prescribed form, register the name of the applicant and grant 
him a certificate of registration 2[subject to such terms and conditions as may be prescribed]. 

(5)  The  certificate  of  registration  granted  in  pursuance  of  this  section  shall  be  valid  for  a  period 
specified therein and may be renewed from time to time for such further period and on payment of such 
fee as may be prescribed. 

2[(6) Every person, to whom a certificate of registration is granted under sub-section (4), shall furnish 
to the Central Government periodically, or, as and when required, such information, declaration or return 
as may be prescribed.] 

CHAPTER V 

INSPECTION, SEARCH, SEIZURE AND FORFEITURE 

19. Power of Inspector to inspect any person or place.—(1) An Inspector may inspect— 

(a) any person who is engaged in— 

(i) the production, processing, acquisition, consumption, transfer, import, export or use of any 
Toxic Chemical or Precursor listed in any of the Schedules 1 to 3 in the Annex on Chemicals to 
the Convention; or 

(ii)  the  production  of  any  Discrete  Organic  Chemical  including  those  Discrete  Organic 

Chemicals containing elements of phosphorous, sulphur or fluorine; 

(b)  any  place  where  any  Chemical  Weapon,  Old  Chemical  Weapon  or  Abandoned  Chemical 

Weapon is located or Chemical Weapon Production Facility exists, 

for the purposes specified in the Verification Annex to the Convention. 

(2) An Inspection Team may undertake a Challenge Inspection of any Facility or location pursuant to 
Article IX and such inspection shall be undertaken in accordance with the provisions of the Verification 
Annex to the Convention. 

(3)  The  Inspection  Team  may,  while  carrying  out  a  Challenge  Inspection,  be  accompanied  by  an 

Observer to observe the conduct of the Challenge Inspection. 

(4)  An  enforcement  officer  shall  accompany  the  Inspector  or  Inspection  Team  to  observe  all 
verification  activities  carried  out  by  the  Inspector  or  Inspection  Team  and  to  provide  the  Inspector  or 
Inspection Team, during the inspection, with such clarifications in connection with an ambiguity that may 
arise during an inspection as may be necessary to remove such ambiguity. 

(5) Every Inspector or Inspection Team shall have— 

(a)  the  right  to  interview  any  Facility  personnel  in  the  presence  of  enforcement  officer  for  the 

purpose of establishing relevant facts; 

1. Subs. by Act 36 of 2012, s. 4, for “No person, who after the commencement of this Act” (w.e.f. 23-11-2012). 
2. Ins. by s. 4, ibid. (w.e.f. 23-11-2012). 

9 

 
                                                           
(b)  the  right  to  request  clarifications  in  connection  with  ambiguities  that  may  arise  during 

inspection; 

(c)  the  right  to  demand  production  of  such  documentation  and  records  which  are  relevant  and 

necessary for the purpose of inspection; 

(d) the right to take photographs of an object or a building located within the Inspection Site if 

question relating to that object or building is not resolved; 

(e) the right to draw samples, perform on site analysis of such samples; and 

(f) such other rights as are provided under the Convention. 

(6) An Inspector or Inspection Team shall, during the conduct of verification activities or Challenge 
Inspection,  enjoy  the  privileges  and  immunities  referred  to  in  Part  II  of  the  Verification  Annex  to  the 
Convention. 

(7) No sample drawn under clause (e) of sub-section (5) by an Inspector or Inspection Team shall be 

sent for analysis in any laboratory situated outside the territory of India. 

20. Enforcement officer to enter into any place for examining and testing facility or to conduct 
search.—(1) Any enforcement officer shall have the right to enter with such assistance as he considers 
necessary, any building or place for the purpose of— 

(a)  verifying  the  correctness  of  any  information,  declaration  or  return  furnished  under                           

sub-section (2) of section 12; 

(b) performing any of the functions of the National Authority entrusted to him; 

(c) determining whether any provisions of this Act or the rules made thereunder or any direction 
given  under  this  Act  is  being  complied  with  by  any  person  engaged  in  the  production,  processing, 
acquisition, consumption, transfer, import, export or use of any Toxic Chemical or Precursor listed in 
any  of  the  Schedules  1  to  3  in  the  Annex  on  Chemicals  to  the  Convention  or  engaged  in  the 
production  of  any  Discrete  Organic  Chemical  including  Discrete  Organic  Chemical  containing 
elements of phosphorous, sulphur or fluorine; 

(d) examining or testing any facility, record, document or any other material object, as the case 

may be, or conducting a search of any place or person; 

(e) conducting a search where a warrant under sub-section (1) of section 22 is addressed to such 

enforcement officer or he is so authorised under sub-section (2) of that section. 

(2) Any enforcement officer shall have a right to accompany the Inspector or Inspection Team as a 

representative of India during inspection in India. 

21. Certain acts to constitute an offence.—If any person wilfully— 

 (a)  refuses  without  reasonable  excuse  to  comply  with  the  request  made  by  the  Inspector  or 
Inspection Team for the purpose of facilitating the conduct of that inspection in accordance with the 
Verification Annex to the Convention; 

(b) delays or obstructs any member of the Inspection Team, Inspector, enforcement officer or the 

Observer in the conduct of inspection; 

(c)  removes  or  tampers  with  any  on-site  instrument  or  Approved  Equipment  installed  by  the 
enforcement  officer,  Inspector  or  Inspection  Team  with  the  intention  of  adversely  affecting  the 
operation of such instrument or Equipment, 

he shall be guilty of an offence punishable under this Act. 

22.  Power  to  issue  warrant  and  authorisation.—(1)  A  Metropolitan  Magistrate  or  a  Judicial 
Magistrate  of  the  first  class  or  any  Magistrate  of  the  second  class  specially  empowered  by  the  State 
Government in this behalf, may issue a warrant for the arrest of any person whom he has reason to believe 
to have committed any offence punishable under Chapter VI or for the search, whether by day or by night, 
of any industry, building, conveyance or place in which he has reason to believe that any goods in relation 
to which an offence punishable under Chapter VI has been committed or any document or other goods 
which may furnish evidence of the commission of such offence is kept or concealed. 

10 

 
(2) Any enforcement officer or such other officer of the National Authority as is empowered in this 
behalf by general or special order by the Central Government or any such officer of a State Government 
as is empowered in this behalf by general or special order of the State Government, if he has reason to 
believe from personal knowledge or information given by any person and taken down in writing that any 
person  has  committed  an  offence  punishable  under  Chapter  VI  or  any  goods  in  relation  to  which  an 
offence  punishable  under  Chapter  VI  has  been  committed  or  any  document  or  other  goods  which  may 
furnish evidence of the commission of such offence has been kept or concealed in any industry, building, 
conveyance  or  place,  may  authorise  any  officer  subordinate  to  him  to  arrest  such  person  or  search  an 
industry  or  a  building,  conveyance  or  place,  whether  by  day  or  by  night,  or  himself  arrest  a  person  or 
search an industry or a building, conveyance or place. 

(3) The officer to whom a warrant under sub-section (1) is addressed and the officer who authorised 
the arrest or search or such subordinate officer who is so authorised under sub-section (2) shall have all 
the powers of an officer acting under section 23. 

23. Power of entry, search, seizure and arrest without warrant or authorisation.—(1) Any such 
subordinate officer to the enforcement officer as is authorised in this behalf by general or special order by 
the Central Government or any such subordinate officer to the enforcement officer as is authorised in this 
behalf  by  general  or  special  order  of  the  State  Government,  if  he  has  reason  to  believe  from  personal 
knowledge or information given by any person and taken down in writing, that any goods in relation to 
which an offence punishable under Chapter VI has been committed or any document or goods which may 
furnish  evidence  of  the  commission  of  such  offence  is  kept  or  concealed  in  any  industry,  building, 
conveyance or place, may, between sunrise and sunset,— 

(a) enter into and search any such industry, building, conveyance or place; 

(b) in case of resistance, break open any door and remove any obstacle to such entry; 

(c) seize such Chemical Weapons, Chemical Weapons Production Facilities, riot control agents, 
Old Chemical Weapons, Abandoned Chemical Weapons, Toxic Chemicals or Precursors or Discrete 
Organic Chemicals including those Discrete Organic Chemicals containing elements of phosphorous, 
sulphur  or  fluorine,  all  goods  and  any  conveyance  which  he  has  reason  to  believe  to  be  liable  to 
confiscation  under  this  Act  and  any  document  or  other  goods  which  he  has  reason  to  believe  may 
furnish  evidence  of  the  commission  of  any  offence  punishable  under  Chapter  VI  relating  to  such 
Chemical  Weapons,  Chemical  Weapons  Production  Facilities,  riot  control  agents,  Old  Chemical 
Weapons,  Abandoned  Chemical  Weapons,  Toxic  Chemicals,  Precursors  or  Discrete  Organic 
Chemicals including those Discrete Organic Chemicals containing elements of phosphorous, sulphur 
or fluorine; and 

(d) detain and search, if he thinks proper, arrest any person whom he has reason to believe to have 
committed any offence punishable under Chapter VI relating to such Chemical Weapons, Chemical 
Weapons  Production  Facilities,  riot  control  agents,  Old  Chemical  Weapons,  Abandoned  Chemical 
Weapons,  Toxic  Chemicals  or  Precursors  or  Discrete  Organic  Chemicals  including  those  Discrete 
Organic Chemicals containing elements of phosphorous, sulphur or fluorine: 

Provided  that  if  such  subordinate  officer  has  reason  to  believe  that  search  warrant  or  authorisation 
cannot  be  obtained  without  affording  opportunity  for  the  concealment  of  evidence  or  facility  for  the 
escape of an offender, he may enter and search such industry, building, conveyance or place at any time 
between sunset and sunrise after recording the grounds of his belief. 

(2) Where an officer takes down any information in writing under sub-section (1) or records grounds 
for his belief under the proviso thereto, he shall forthwith send a copy thereof to his immediate superior 
officer. 

24.  Power  of  seizure  and  arrest  in  public  places.—Any  subordinate  officer  to  the  enforcement 

officer as is authorised in section 23 may— 

(a) seize, in any public place or in transit, any goods, in relation to which he has reason to believe 
an  offence  punishable  under  Chapter  VI  has  been  committed,  and,  along  with  such  goods,  any 
conveyance liable to confiscation under this Act, and any document or goods which he has reason to 
believe may furnish evidence of the commission of an offence punishable under Chapter VI relating 
to such goods; 

11 

 
(b) detain and search any person whom he has reason to believe to have committed an offence 
punishable  under  Chapter  VI,  and,  if  such  person  has  any  Toxic  Chemical  or  Precursor  or  any 
including  Discrete  Organic  Chemicals  containing  elements  of 
Discrete  Organic  Chemical 
phosphorous, sulphur or fluorine in his possession and such possession appears to him to be unlawful, 
arrest him and any other person in his company. 

Explanation.—For  the  purposes  of  this  section,  the  expression  “public  place”  includes  any  public 

conveyance, shop, hotel or other place intended for use by, or accessible to, the public. 

25.  Procedure  where  seizure  of  goods  liable  to  confiscation  not  possible.—(1)  Where  it  is  not 
practicable to seize any goods which are liable to confiscation under this Act, any officer authorised under 
section  23  may  serve  on  the  owner  or  person  in  possession  of  the  goods,  an  order  that  he  shall  not 
remove, part with or otherwise deal with the goods except with the previous permission of such officer. 

(2)  For  effecting  seizure  and  confiscation,  the  owner,  the  plant  operator  and  other  officials  of  the 

facility shall provide all assistance with regard to safety in handling of goods. 

26.  Power  to  stop  and  search  conveyance.—Any  subordinate  officer  authorised  under  section  23 
may, if he has reason to suspect that any conveyance is, or is likely to be, used for the transport of any 
goods in respect of which he suspects that any provision of this Act has been, or is being, or is likely to 
be, contravened at any time, stop such conveyance, or in the case of an aircraft compel it to land and— 

(a) rummage and search the conveyance or part thereof; 

(b) examine and search any goods in the conveyance; 

(c) if it becomes necessary to stop the conveyance, he may use all lawful means for stopping it. 

27. Conditions under which search of persons be conducted.—(1) When any subordinate officer 
authorised under section 23 or any subordinate officer exercising power in pursuance of sub-section (3) of 
section 22 is about to search any person under the provisions of section 22 or section 23 or section 24, he 
shall, if such person so requires, take such person without unnecessary delay to the nearest enforcement 
officer or the officer authorising such search or the nearest Magistrate. 

(2) If such requisition is made, the officer may detain the person until he can bring him before the 

officer or the Magistrate referred to in sub-section (1). 

(3)  The  officer  or  the  Magistrate  before  whom  any  such  person  is  brought  shall,  if  he  sees  no 
reasonable  ground  for  search,  forthwith  discharge  the  person  but  otherwise  shall  direct  that  search  be 
made. 

(4) No female shall be searched by anyone excepting a female. 

28. Provisions of Act 2 of 1974 to apply to arrests, searches and seizures.—The provisions of the 
Code of Criminal Procedure, 1973 shall apply, in so far as they are not inconsistent with the provisions of 
this Act, to all warrants issued and arrests, searches and seizures made under this Act. 

29.  Disposal  of  persons  arrested  and  goods  seized.—(1)  Any  officer  arresting  a  person  under 
section 22 or section 23 or section 24 shall, as soon as may be, inform him of the grounds for such arrest. 

(2) Every person arrested and goods seized under warrant issued under sub-section (1) of section 22 

shall be forwarded without unnecessary delay to the Magistrate by whom the warrant was issued. 

(3)  Every  person  arrested  and  goods  seized  under  sub-section  (2)  of  section  22  or  section  23  or 

section 24 shall be forwarded without unnecessary delay to— 

(a) the officer in charge of the nearest police station; or 

(b) the officer empowered under section 30. 

(4)  The  authority  or  officer  to  whom  any  person  or  goods  is  forwarded  under  sub-section  (2)  or             

sub-section  (3)  shall,  with  all  convenient  despatch,  take  such  measures  as  may  be  necessary  for  the 
disposal according to law of such person or goods. 

30. Power to invest officers of the National Authority, etc., with powers of an officer in charge of 
a  police  station.—(1)  The  Central  Government  may,  after  consultation  with  the  State  Government,  by 
notification published in the Official Gazette, invest any officer of the National Authority with the powers 
of an officer in charge of a police station for the investigation of the offences under this Act. 

12 

 
(2) The State Government may, by notification published in the Official Gazette, invest any of officer 
of gazetted rank or any class of such officers with the powers of an officer in charge of a police station for 
the investigation of the offences under this Act. 

31. Police to take charge of goods seized and delivered.—An officer in charge of a police station 
shall take charge of and keep in safe custody, pending the orders of the Magistrate, all goods seized under 
this Act within the local area of that police station and which may be delivered to him, and shall allow 
any officer who may accompany such goods to the police station or who may be deputed for the purpose, 
to affix his seal to such goods or to take samples of and from them and all samples so taken shall also be 
sealed with a seal of the officer in charge of the police station. 

32. Report of arrest and seizure.—Whenever any person makes any arrest or seizure under this Act, 
he shall, within forty-eight hours next after such arrest or seizure, make a full report of all the particulars 
of such arrest or seizure to his immediate superior officer. 

33. Liability of Toxic Chemicals, Precursors and conveyance to confiscation.—(1) Whenever any 
offence punishable under Chapter VI has been committed, the goods or in respect of which or by means 
of which such offence has been committed, shall be liable o confiscation. 

(2)  Any  Toxic  Chemical  or  Precursor  lawfully  produced,  imported  into  India,  transported,  used, 

purchased  or  sold  along  with,  or  in  addition  to,  any  goods  which  is  liable  to  confiscation  under                        
sub-section  (1)  and  the  receptacles,  packages  and  coverings  in  which  any  goods  liable  to  confiscation 
under  sub-section  (1),  is  found,  and  the  other  contents,  if  any,  of  such  receptacles  or  packages  shall 
likewise be liable to confiscation. 

(3)  Any  conveyance  used  in  carrying  any  goods  liable  to  confiscation  under  sub-section  (1)  or             

sub-section (2) shall be liable to confiscation, unless the owner of the conveyance proves that it was used 
without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of 
the conveyance and that each of them had taken all reasonable precautions against such use. 

34. Confiscation of goods used for concealing Toxic Chemicals or Precursors.—Any Goods used 
for concealing any goods which is liable to confiscation under this Act shall also be liable to confiscation. 

Explanation.—In this section, “Goods” includes conveyance as a means of transport. 

35.  Confiscation  of  sale  proceeds  of  goods.—Where  any  goods  is  sold  by  a  person  having 
knowledge or reason to believe that the goods is liable to confiscation under this Act, the sale proceeds 
thereof shall also be liable to confiscation. 

36.  Procedure  in  making  confiscation.—(1)  In  the  trial  of  offences  under  this  Act,  whether  the 
accused is convicted or acquitted or discharged, the court shall decide whether any  goods seized under 
this  Act is liable  to confiscation  and,  if  it  decides that  the  goods  is  so liable,  it  may  order  confiscation 
accordingly. 

(2) Where any goods seized under this Act appears to be liable to confiscation under section 33 or 
section 34 or section 35, but the person who committed the offence therewith is not known or cannot be 
found, the court may inquire into and decide such liability, and may order confiscation accordingly: 

Provided that no order of confiscation of any goods shall be made until the expiry of one month from 
the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if 
any, which he produces in respect of his claim. 

(3) Any person not convicted who claims any right to property which has been confiscated under this 

section may appeal to the Court of Session against the order of confiscation. 

37. Power to call for information, etc.—Any subordinate officer authorised under section 23 may, 

during the course of any inquiry in connection with the contravention of any provision of this Act,— 

(a) call for information from any person for the purpose of satisfying himself whether there has 
been  any  contravention  of  the  provisions  of  this  Act  or  any  rule  or  order  made  or  direction  issued 
thereunder; 

(b)  require  any  person  to  produce  or  deliver  any  document  or  thing  useful  or  relevant  to  the 

enquiry; 

13 

 
 
(c) examine any person acquainted with the facts and circumstances of the case. 

38.  Information  as  to  commission  of  offences.—No  enforcement  officer,  subordinate  officer  to 
enforcement officer or officer of the National Authority or the State Government or officer subordinate to 
such officer as is mentioned in sub-section (2) of section 22 acting in exercise of powers vested in him 
under any provision of this Act or any such order made thereunder shall be compelled to say when he got 
any information as to the commission of any offence. 

CHAPTER VI 

OFFENCES AND PENALTIES 

39. Punishment for failure to register.—Whoever— 

(a)  before  the  commencement  of  this  Act  had  been  engaged  in  development,  production, 
processing,  acquisition,  consumption,  transfer,  import,  export  or  use  of  any  Toxic  Chemical  or 
Precursor  listed  in  any  of  the  Schedules  1  to  3  in  the  Annex  on  Chemicals  to  the  Convention  or 
engaged in the production of any Discrete Organic Chemical including Discrete Organic Chemicals 
containing  elements  of  phosphorous,  sulphur  or  fluorine  and  continues  to  be,  after  such 
commencement, so engaged; or 

(b)  after  the  commencement  of  this  Act  produces,  processes,  acquires,  consumes,  transfers, 
imports, exports or uses any Toxic Chemical or Precursor listed in any of the Schedules 1 to 3 in the 
Annex  on  Chemicals  to  the  Convention  or  produces  any  Discrete  Organic  Chemical  including 
Discrete Organic Chemicals containing elements of phosphorous, sulphur or fluorine, 

without complying with the provisions of sub-section (1) or, as the case may be, sub-section (2) of section 
18  shall,  unless  his  name  is  registered in  accordance with  the  provisions  of  that  section,  be  punishable 
with fine which may extend to one lakh rupees, and in the case of continuing default, with a further fine 
which may extend to one lakh rupees every day during which such default continues after conviction for 
the first default or with imprisonment for a term which may extend to three years, or with both. 

40.  Punishment  for  contravention  in  relation  to  development,  production,  etc.,  of  Chemical 
Weapons or riot control agents, etc.—Whoever, in contravention of any provision of this Act, develops, 
produces,  otherwise  acquires,  stockpiles,  retains  or  uses  Chemical  Weapons,  transfers,  directly  or 
indirectly,  any  Chemical  Weapon  to  any  person,  uses  any  riot  control  agent  as  a  method  of  warfare, 
engages  in  any  military  preparations  to  use  Chemical  Weapons,  assists,  encourages  or  induces  in  any 
manner  any  person  to  engage  in  the  use  of  any  riot  control  agent  as  a  method  of  warfare  or  any  other 
activity  prohibited  to  a  State  Party  under  the  Convention,  shall  be  punishable  with  imprisonment  for  a 
term which shall not be less than one year but which may extend to term of life and shall also be liable to 
fine which may extend to one lakh rupees. 

41.  Punishment  for  contravention  in  relation  to  Toxic  Chemicals,  etc.,  listed  in  Schedule  1.—
Whoever, in contravention of any provision of this Act, produces, acquires, retains, transfers or uses any 
Toxic Chemical or Precursor listed in Schedule 1 in the Annex on Chemicals to the Convention for the 
purposes prohibited to a State Party under the Convention or transfers any Toxic  Chemical or Precursor 
listed in Schedule 1 in the Annex on Chemicals to the Convention outside India, shall be punishable with 
imprisonment for a term which shall not be less than one year but which may extend to term of life and 
shall also be liable to fine which may extend to one lakh rupees. 

42.  Punishment  for  contravention  in  relation  to  transfer  of  Toxic  Chemicals,  etc.,  listed  in 
Schedule  2.—Whoever,  in  contravention  of  any  provision  of  this  Act  transfers  to  or  receives  from  1[a 
State which is not a State Party or any person] who is not a citizen of a State Party any Toxic Chemical or 
Precursor  listed  in  Schedule  2  in  the  Annex  on  Chemicals  to  the  Convention,  shall  be  punishable  with 
imprisonment for a term which shall not be less than one year but which may extend to term of life and 
shall also be liable to fine which may extend to one lakh rupees. 

43.  Punishment  for  contravention  in  relation  to  export  or  import  of  Toxic  Chemicals,  etc.—
Whoever,  in  contravention  of  any  provision  of  this  Act,  exports  from  or  imports  into  India  any  Toxic 
Chemical or Precursor listed in any of the Schedules 1 to 3 in the Annex on Chemicals to the Convention, 
shall be punishable with imprisonment for a term which shall not be less than one year but which may 
extend to term of life and shall also be liable to fine which may extend to one lakh rupees. 

1. Subs. by Act 36 of 2012, s. 5, for “any person” (w.e.f. 23-11-2012). 

14 

 
                                                           
44.  Punishment  for  contravention  in  relation  to  disclosure  of  confidential  information.—
Whoever, in contravention of any provision of this Act, divulges any confidential information obtained by 
the  National  Authority  from  any  declaration  or  return  furnished  or  any  statement  made,  information 
supplied to, or obtained by, an enforcement officer during the course of any inspection carried out under 
the provisions of this Act  to any other person, shall be punishable with imprisonment for a term which 
shall not be less than one year but which may extend to term of life and shall also be liable to fine which 
may extend to one lakh rupees. 

45. Punishment for contravention in relation to denial of access.—Whoever does not comply with 
the obligations related to inspection activity under the Convention or delays or obstructs any Inspection 
Team or Inspector or enforcement officer or Observer in performance of his functions or wilfully removes 
or  tampers  with  any  installed  on  site  instrument  or  any  Approved  Equipment  shall  be  punishable  with 
imprisonment for a term which shall not be less than one year but which may extend to term of life and 
shall also be liable to fine which may extend to one lakh rupees. 

46.  Punishment  for  contravention  in  relation  to  failure  to  furnish  information,  declaration  or 

return.—Any person who being required by or under this Act to furnish any— 

(a) information; 

(b) declaration; or 

(c) return, 

fails to furnish such information, declaration or return shall be punishable with fine which may extend to 
one lakh rupees, and in the case of continuing default, with a further fine which may extend to one lakh 
rupees  for  every  day  during  which  such  default  continues  after  conviction  for  the  first  such  default,  or 
with imprisonment for a term which may extend to three years, or with both. 

47. Offence punishable under section 46 to be cognizable.—Notwithstanding anything contained 
in the Code of Criminal Procedure,  1973 (2 of 1974), the offence punishable under section 46 shall be 
cognizable. 

48.  Offences  by  companies.—(1)  Where  any  offence  under  Chapter  VI  has  been  committed  by  a 
company, every person who at the time the offence was committed was in charge of, or was responsible 
to, the company for the conduct of the business of the company as well as the company, shall be deemed 
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where any offence under Chapter VI has 
been committed by a company and it is proved that the offence has been committed with the consent or 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of 
that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) “company” means any body corporate, and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner of the firm. 

49. Prosecution of offences.—No court shall take cognizance of any offence punishable under  this 
Act except with the previous sanction of the Central Government or the authority notified by the Central 
Government, in the Official Gazette, to be competent to sanction prosecution of the offences under this 
Act. 

50.  Appeals  from  the  decision  of  the  National  Authority.—(1)  Any  person  aggrieved  by  any 
direction  of  the  National  Authority  issued  under  section  10  may  prefer  an  appeal  to  the  Central 
Government within such time as may be prescribed. 

(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: 

15 

 
Provided  that  an  appeal  may  be  admitted  after  the  expiry  of  the  period  prescribed  therefor  if  the 
appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal within 
the prescribed period. 

(3) Every appeal made under this section shall be made in such form and shall be accompanied by a 

copy of the direction appealed against and by such fee as may be prescribed. 

(4) The procedure for disposing of an appeal shall be such as may be prescribed: 

Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of 

being heard. 

51.  Provisions  of  Convention  not  to  apply  to  certain  mixtures.—Notwithstanding  anything 

contained in this Act, the provisions of the Convention in so far as they relate to— 

(a) restriction or reporting; 

(b) inspection; or 

(c) declaration and verification, 

shall not apply to any mixtures containing such concentration of any Chemicals specified in Schedule 2 or 
Schedule 3 in the Annex on Chemicals to the Convention as the Central Government may, by notification 
in the Official Gazette, specify. 

CHAPTER VII 

MISCELLANEOUS 

52. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against the Central Government or a State Government or any officer of the Central Government or of 
a State Government or the Chairperson, Directors, officers and other employees of the National Authority 
or any other person exercising any powers or discharging any functions or performing any duties under 
this Act, for anything in good faith done or intended to be done under this Act or any rule or order made 
thereunder. 

53.  Power  to  delegate.—(1)  The  Central  Government  may,  by  notification  in  the  Official  Gazette, 
delegate,  subject  to  such  conditions  and  limitations  as  may  be  specified  in  the  notification,  such  of  its 
powers and functions under this Act (except the power to make rules under section 56) as it may deem 
necessary or expedient, to the National Authority or the Committee referred to in section 11. 

(2)  The  State  Government  may,  by  notification  in  the  Official  Gazette,  delegate,  subject  to  such 
conditions and limitations as may be specified in the notification, such of its powers and functions under 
this Act, as it may deem necessary or expedient, to any authority or officer of that Government. 

54. Officers to be public servants.—The Chairperson, Directors, officers and other employees of the 
National Authority or any other person exercising any powers or discharging any functions under this Act 
shall  be  deemed  to  be  the  public  servant  within  the  meaning  of  section  21  of  the  Indian  Penal  Code                   
(45 of 1860). 

55. Removal of difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the 
Central  Government  may,  by  order  published  in  the  Official  Gazette,  make  such  provisions  not 
inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the 
difficulty: 

Provided that no such order shall be made after the expiry of a period of three years from the date on 

which this Act receives the assent of the President. 

56. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  salary  and  allowances  payable  to,  and  other  terms  and  conditions  of  service  of,  the 
Chairperson  and  the  Directors  under  sub-section  (3)  of  section  6,  and  the  salary  and  allowances 
payable to and other terms and conditions of service of officers and other employees of the National 
Authority under sub-section (4) of that section; 

16 

 
(b)  other  functions  of  the  National  Authority  that  may  be  prescribed  under  clause  (v)  of                     

sub-section (2) of section 7; 

1[(ba) the criteria which the officers are required to fulfil under sub-section (1) of section 9;] 
2[(c)  the  exemptions  and  thresholds  under  sub-sections  (1)  and  (2)  of  section  18,  the  form  of 
application,  the  particulars  to  be  contained  in  the  application  form,  the  form  of  certificate  of 
registration,  the  manner  of  making  application,  the  amount  of  fee  payable,  the  procedure  to  be 
followed in granting or cancelling certificate of registration under sub-section (3) of section 18, the 
terms and conditions for granting a certificate of registration under sub-section (4) of section 18, the 
period for which a renewed certificate of registration may be issued and the amount of fee payable 
therefor under sub-section (5) of sub-section 18, and information, declaration or return to be furnished 
under sub-section (6) of that section;] 

(d) the time within which appeal may be preferred under sub-section (1) of section 50; 

(e) the form for making appeal and the fee to be accompanied therewith under sub-section (3) of 

section 50; 

(f) the procedure for disposing of appeal under sub-section (4) of section 50; 

(g) any other matter which is to be, or may be, prescribed. 

(3) Every notification issued under sub-section (2) of section 3, any declaration made under section 5, 
every order made under section 55 and every rule made under section 56 shall be laid, as soon as may be 
after  it  is  issued  or  made,  before  each  House  of  Parliament,  while  it  is  in  session,  for  a  total  period  of 
thirty days which may be comprised in one session or in two or more successive sessions, and if, before 
the  expiry  of  the  session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both 
Houses agree in making any modification in the notification, order or rule or both Houses agree that the 
notification, order or rule should not be issued or made, the notification, order or rule shall thereafter have 
effect  only  in  such  modified  form  or  be  of  no  effect,  as  the  case  may  be;  so,  however,  that  any  such 
modification or annulment shall be without prejudice to the validity of anything previously done under 
that notification, order or rule. 

1. Ins. by Act 36 of 2012, s. 6 (w.e.f. 23-11-2012). 
2. Subs. by s. 6, ibid., for clause (c) (w.e.f. 23-11-2012). 

17 

 
 
 
                                                           
THE SCHEDULE 

(See section 3) 

PROVISIONS OF THE CONVENTION WHICH SHALL HAVE THE FORCE OF LAW 

ARTICLE I 

GENERAL OBLIGATIONS 

1. Each State Party to this Convention undertakes never under any circumstances: 

(a) To  develop,  produce,  otherwise  acquire,  stockpile  or  retain  Chemical Weapons,  or  transfer, 

directly or indirectly, chemical weapons to anyone; 

(b) To use Chemical Weapons; 

(c) To engage in any military preparations to use Chemical Weapons; 

(d) To assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a 

State Party under this Convention. 

2. Each State Party undertakes to destroy Chemical Weapons it owns or possesses, or that are located 

in any place under its jurisdiction or control, in accordance with the provisions of this Convention. 

3.  Each  State  Party  undertakes  to  destroy  all  Chemical  Weapons  it  abandoned  on  the  territory  of 

another State Party, in accordance with the provisions of this Convention. 

4.  Each  State  Party  undertakes  to  destroy  any  Chemical  Weapons  production  facilities  it  owns  or 
possesses,  or  that  are  located  in  any  place  under  its  jurisdiction  or  control,  in  accordance  with  the 
provisions of this Convention. 

5. Each State Party undertakes not to use riot control agents as a method of warfare. 

18 

 
 
 
ARTICLE II 

DEFINITIONS AND CRITERIA 

For the purposes of this Convention: 

1. “Chemical Weapons” means the following, together or separately: 

(a)  Toxic  chemicals  and  their  precursors,  except  where  intended  for  purposes  not  prohibited 

under this Convention, as long as the types and quantities are consistent with such purposes; 

(b) Munitions and devices, specifically designed to cause death or other harm through the toxic 
properties of those toxic chemicals specified in sub-paragraph (a), which would be released as a result 
of the employment of such munitions and devices; 

(c) Any equipment specifically  designed for use directly in connection with the employment of 

munitions and devices specified in sub-paragraph (b). 

2. “Toxic Chemical” means: Any chemical which through its chemical action on life processes can 
cause  death,  temporary  incapacitation  or  permanent  harm  to  humans  or  animals.  This  includes  all  such 
chemicals, regardless of their origin or of their method of production, and regardless of whether they are 
produced in facilities, in munitions or elsewhere. 

(For the purpose of implementing this Convention, toxic chemicals which have been identified for the 
application of verification measures are listed in Schedules contained in the Annex on Chemicals.) 

3.  “Precursor”  means:  Any  chemical  reactant  which  takes  part  at  any  stage  in  the  production  by 
whatever method of a toxic chemical. This includes any key component of a binary or multicomponent 
chemical system. 

(For  the  purpose  of  implementing  this  Convention,  precursors  which  have  been  identified  for  the 
application of verification measures are listed in Schedules contained in the Annex on Chemicals.) 

4. “Key Component of Binary or Multicomponent Chemical Systems” (hereinafter referred to as “key 
component”)  means:  The  precursor  which  plays  the  most  important  role  in  determining  the  toxic 
properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent 
system. 

5. “Old Chemical Weapons” means: 

(a) Chemical weapons which were produced before 1925; or 

(b) Chemical weapons produced in the period between 1925 and 1946 that have deteriorated to 

such extent that they can no longer be used as chemical weapons. 

6.  “Abandoned  Chemical  Weapons”  means:  Chemical  weapons,  including  old  chemical  weapons, 
abandoned  by  a  State  after  1  January  1925  on  the  territory  of  another  State  without  the  consent  of  the 
latter. 

7. “Riot Control Agent” means: Any chemical not listed in a Schedule, which can produce rapidly in 
humans  sensory  irritation  or  disabling  physical  effects  which  disappear  within  a  short  time  following 
termination of exposure. 

8. “Chemical Weapons Production Facility”: 

(a) Means  any  equipment,  as  well  as  any  building  housing  such  equipment,  that  was designed, 

constructed or used at any time since 1 January 1946: 

(i) As part of the stage in the production of chemicals (“final technological stage”) where the 

material flows would contain, when the equipment is in operation: 

(1) Any chemical listed in Schedule 1 in the Annex on Chemicals; or 

(2) Any other chemical that has no use, above 1 tonne per year on the territory of a State 
Party or in any other place under the jurisdiction or control of a State Party, for purposes not 
prohibited under this Convention, but can be used for chemical weapons purposes; or 

(ii)  For  filling  chemical  weapons,  including,  inter  alia,  the  filling  of  chemicals  listed  in 
Schedule 1 into munitions,    devices or    bulk    storage   containers; the filling of chemicals into  

19 

 
 
containers  that  form  part  of  assembled  binary  munitions  and  devices  or  into  chemical 
submunitions that form part of assembled unitary munitions and devices, and the loading of the 
containers and chemical submunitions into the respective munitions and devices; 

(b) Does not mean: 

(i)  Any  facility  having  a  production  capacity  for  synthesis  of  chemicals  specified  in                 

sub-paragraph (a) (i) that is less than 1 tonne; 

(ii) Any facility in which a chemical specified in sub-paragraph (a) (i) is or was produced as 
an  unavoidable  by-product  of  activities  for  purposes  not  prohibited  under  this  Convention, 
provided that the chemical does not exceed 3 per cent. of the total product and that the facility is 
subject  to  declaration  and  inspection  under  the  Annex  on  Implementation  and  Verification 
(hereinafter referred to as “Verification Annex”); or 

(iii)  The  single  small-scale  facility  for  production  of  chemicals  listed  in  Schedule  1  for 
purposes not prohibited under this Convention as referred to in Part VI of the Verification Annex. 

9. “Purposes Not Prohibited Under this Convention” means: 

(a) Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes; 

(b)  Protective  purposes,  namely  those  purposes  directly  related  to  protection  against  toxic 

chemicals and to protection against chemical weapons; 

(c) Military purposes not connected with the use of chemical weapons and not dependent on the 

use of the toxic properties of chemicals as a method of warfare; 

(d) Law enforcement including domestic riot control purposes. 

10.  “Production  Capacity”  means:  The  annual  quantitative  potential  for  manufacturing  a  specific 
chemical based on the technological process actually used or, if the process is not yet operational, planned 
to  be  used  at  the  relevant  facility.  It  shall  be  deemed  to  be  equal  to  the  nameplate  capacity  or,  if  the 
nameplate capacity is not available, to the design capacity. The nameplate capacity is the product output 
under conditions optimized for maximum quantity for the production facility, as demonstrated by one or 
more test-runs. The design capacity is the corresponding theoretically calculated product output. 

11.  “Organization”  means  the  Organization  for  the  Prohibition  of  Chemical  Weapons  established 

pursuant to Article VIII of this Convention. 

12. For the purposes of Article VI: 

(a) “Production” of a chemical means its formation through chemical reaction; 

(b)  “Processing”  of  a  chemical  means  a  physical  process,  such  as  formulation,  extraction  and 

purification, in which a chemical is not converted into another chemical; 

(c)  “Consumption”  of  a  chemical  means  its  conversion  into  another  chemical  via  a  chemical 

reaction. 

20 

 
 
 
ARTICLE III 

DECLARATIONS 

1.  Each  State  Party  shall  submit  to  the  Organization,  not  later  than  30  days  after  this  Convention 

enters into force for it, the following declarations, in which it shall: 

(a) With respect to chemical weapons: 

(i)  Declare  whether  it  owns  or  possesses  any  chemical  weapons,  or  whether  there  are  any 

chemical weapons located in any place under its jurisdiction or control; 

(ii)  Specify  the  precise  location,  aggregate  quantity  and  detailed  inventory  of  chemical 
weapons it owns or possesses, or that are located in any place under its jurisdiction or control, in 
accordance  with  Part  IV  (A),  paragraphs  1  to  3,  of  the  Verification  Annex,  except  for  those 
chemical weapons referred to in sub-paragraph (iii); 

(iii) Report any chemical weapons on its territory that are owned and possessed by another 
State  and  located  in  any  place  under  the  jurisdiction  or  control  of  another  State,  in  accordance 
with Part IV (A), paragraph 4, of the Verification Annex; 

(iv)  Declare  whether  it  has  transferred  or  received,  directly  or  indirectly,  any  chemical 
weapons since 1 January 1946 and specify the transfer or receipt of such weapons, in accordance 
with Part IV (A), paragraph 5, of the Verification Annex; 

(v) Provide its general plan for destruction of chemical weapons that it owns or possesses, or 
that  are  located  in  any  place  under  its  jurisdiction  or  control,  in  accordance  with  Part  IV  (A), 
paragraph 6, of the Verification Annex; 

(b) With respect to old chemical weapons and abandoned chemical weapons: 

(i)  Declare  whether  it  has  on  its  territory  old  chemical  weapons  and  provide  all  available 

information in accordance with Part IV (B), paragraph 3, of the Verification Annex; 

(ii)  Declare  whether there are  abandoned  chemical  weapons  on  its  territory  and  provide  all 

available information in accordance with Part IV (B), paragraph 8, of the Verification Annex; 

(iii) Declare whether it has abandoned chemical weapons on the territory of other States and 
provide  all  available  information  in  accordance  with  Part  IV  (B),  paragraph  10,  of  the 
Verification Annex; 

(c) With respect to chemical weapons production facilities: 

(i)  Declare  whether  it  has  or  has  had  any  chemical  weapons  production  facility  under  its 
ownership  or  possession,  or  that  is  or  has  been  located  in  any  place  under  its  jurisdiction  or 
control at any time since 1 January 1946; 

(ii) Specify any chemical weapons production facility it has or has had under its ownership or 
possession or that is or has been located in any place under its jurisdiction or control at any time 
since 1 January 1946, in accordance with Part V, paragraph 1, of the Verification Annex, except 
for those facilities referred to in sub-paragraph (iii); 

(iii) Report any chemical weapons production facility on its territory that another State has or 
has had under its ownership and possession and that is or has been located in any place under the 
jurisdiction or control of another State at any time since 1 January 1946, in accordance with Part 
V, paragraph 2, of the Verification Annex; 

(iv) Declare whether it has transferred or received, directly or indirectly, any equipment for 
the production of chemical weapons since 1 January 1946 and specify the transfer or  receipt of 
such equipment, in accordance with Part V, paragraphs 3 to 5, of the Verification Annex; 

(v)  Provide  its  general  plan  for  destruction  of  any  chemical  weapons  production  facility  it 
owns or possesses, or that is located in any place under its jurisdiction or control, in accordance 
with Part V, paragraph 6, of the Verification Annex; 

(vi)  Specify  actions  to  be  taken  for  closure  of  any  chemical  weapons  production  facility  it 
owns or possesses, or that is located in any place under its jurisdiction or control, in accordance 
with Part V, paragraph 1 (i), of the Verification Annex; 

21 

 
(vii)  Provide  its  general  plan  for  any  temporary  conversion  of  any  chemical  weapons 
production facility  it  owns  or possesses, or that is located in  any  place  under  its jurisdiction or 
control, into a chemical weapons destruction facility, in accordance with Part V, paragraph 7, of 
the Verification Annex; 

(d)  With  respect  to  other  facilities,  specify  the  precise  location,  nature  and  general  scope  of 
activities of any facility or establishment under its ownership or possession, or located in any place 
under its jurisdiction or control, and that has been designed, constructed or used since 1 January 1946 
primarily  for  development  of  chemical  weapons.  Such  declaration  shall  include,  inter  alia, 
laboratories and test and evaluation sites; 

(e)  With  respect  to  riot  control  agents  specify  the  chemical  name,  structural  formula  and 
Chemical  Abstracts  Service  (CAS)  registry  number,  if  assigned,  of  each  chemical  it  holds  for  riot 
control purposes. This declaration shall be updated not later than 30 days after any change becomes 
effective. 

2. The provisions of this Article and the relevant provisions of Part IV of the Verification Annex shall 
not, at the discretion of a State Party, apply to chemical weapons buried on its territory before 1 January 
1977 and which remain buried, or which had been dumped at sea before 1 January 1985. 

22 

 
 
 
ARTICLE IV 

CHEMICAL WEAPONS 

1. The provisions of this Article and the detailed procedures for its implementation shall apply to all 
chemical  weapons  owned  or  possessed  by  a  State  Party,  or  that  are  located  in  any  place  under  its 
jurisdiction or control, except old chemical weapons and abandoned chemical weapons to which Part IV 
(B) of the Verification Annex applies. 

2. Detailed procedures for the implementation of this Article are set forth in the Verification Annex. 

3. All locations at which chemical weapons specified in paragraph 1 are stored or destroyed shall be 
subject to systematic verification through on-site inspection and monitoring with on-site instruments, in 
accordance with Part IV (A) of the Verification Annex. 

4.  Each  State  Party  shall,  immediately  after  the  declaration  under  Article  III,  paragraph  1  (a),  has 
been  submitted,  provide  access  to  chemical  weapons  specified  in  paragraph  1  for  the  purpose  of 
systematic verification of the declaration through on-site inspection. Thereafter, each State Party shall not 
remove any of these chemical weapons, except to a chemical weapons destruction facility. It shall provide 
access to such chemical weapons, for the purpose of systematic on-site verification. 

5.  Each  State  Party  shall  provide  access  to  any  chemical  weapons  destruction  facilities  and  their 
storage areas, that it owns or possesses, or that are located in any place under its jurisdiction or control, 
for  the  purpose  of  systematic  verification  through  on-site  inspection  and  monitoring  with  on-site 
instruments. 

6.  Each  State  Party  shall  destroy  all  chemical  weapons  specified  in  paragraph  1  pursuant  to  the 
Verification  Annex  and  in  accordance  with  the  agreed  rate  and  sequence  of  destruction  (hereinafter 
referred  to  as  “order  of  destruction”).  Such  destruction  shall  begin  not  later  than  two  years  after  this 
Convention  enters  into  force  for it  and  shall finish  not  later  than  10  years  after  entry  into  force  of this 
Convention. A State Party is not precluded from destroying such chemical weapons at a faster rate. 

7. Each State Party shall: 

(a)  Submit  detailed  plans for  the  destruction  of  chemical  weapons specified  in paragraph  1  not 
later  than  60  days  before  each  annual  destruction  period  begins,  in  accordance  with  Part  IV  (A), 
paragraph 29, of the Verification Annex; the detailed plans shall encompass all stocks to be destroyed 
during the next annual destruction period; 

(b)  Submit  declarations  annually  regarding  the  implementation  of  its  plans  for  destruction  of 
chemical  weapons  specified  in  paragraph  1,  not  later  than  60  days  after  the  end  of  each  annual 
destruction period; and 

(c)  Certify,  not  later  than  30  days  after  the  destruction  process  has  been  completed,  that  all 

chemical weapons specified in paragraph 1 have been destroyed. 

8. If a State ratifies or accedes to this Convention after the 10-year period for destruction set forth in 
paragraph 6, it shall destroy chemical weapons specified in paragraph 1 as soon as possible. The order of 
destruction  and  procedures  for  stringent  verification  for  such  a  State  Party  shall  be  determined  by  the 
Executive Council. 

9.  Any  chemical  weapons  discovered  by  a  State  Party  after  the  initial  declaration  of  chemical 
weapons  shall  be  reported,  secured  and  destroyed  in  accordance  with  Part  IV  (A)  of  the  Verification 
Annex. 

10. Each State Party, during transportation, sampling, storage and destruction of chemical weapons, 
shall assign the highest priority to ensuring the safety of people and to protecting the environment. Each 
State  Party  shall  transport,  sample,  store  and  destroy  chemical  weapons in  accordance  with its  national 
standards for safety and emissions. 

11.  Any  State  Party  which  has  on  its  territory  chemical  weapons  that  are  owned  or  possessed  by 
another State, or that are located in any place under the jurisdiction or control of another State, shall make 
the fullest efforts to ensure that these chemical weapons are removed from its territory not later than one 
year after this Convention enters into force for it. If they are not removed within one year, the State Party 
may  request  the  Organization  and  other  States  Parties  to  provide  assistance  in  the  destruction  of  these 
chemical weapons. 

23 

 
12.  Each  State  Party  undertakes  to  cooperate  with  other  States  Parties  that  request  information  or 
assistance on a bilateral basis or through the Technical Secretariat regarding methods and technologies for 
the safe and efficient destruction of chemical weapons. 

13. In carrying out verification activities pursuant to this Article and Part IV (A) of the Verification 
Annex,  the  Organization  shall  consider  measures  to  avoid  unnecessary  duplication  of  bilateral  or 
multilateral agreements on verification of chemical weapons storage and their destruction among States 
Parties. 

To this  end, the  Executive  Council shall  decide to limit  verification  to  measures  complementary  to 

those undertaken pursuant to such a bilateral or multilateral agreement, if it considers that: 

(a) Verification provisions of such an agreement are consistent with the verification provisions of 

this Article and Part IV (A) of the Verification Annex; 

(b) Implementation of such an agreement provides for sufficient assurance of compliance with the 

relevant provisions of this Convention; and 

(c) Parties to the bilateral or multilateral agreement keep the  Organization fully informed about 

their verification activities. 

14. If the Executive Council takes a decision pursuant to paragraph 13, the Organization shall have 

the right to monitor the implementation of the bilateral or multilateral agreement. 

15. Nothing in paragraphs 13 and 14 shall affect the obligation of a State Party to provide declarations 

pursuant to Article III, this Article and Part IV (A) of the Verification Annex. 

16. Each State Party shall meet the costs of destruction of chemical weapons it is obliged to destroy. 
It shall also meet the costs of verification of storage and destruction of these chemical weapons unless the 
Executive Council decides otherwise. If the Executive Council decides to limit verification measures of 
the Organization pursuant to paragraph 13, the costs of complementary verification and monitoring by the 
Organization  shall  be  paid  in  accordance  with  the  United  Nations  scale  of  assessment,  as  specified  in 
Article VIII, paragraph 7. 

17.  The  provisions  of this  Article and  the  relevant  provisions  of  Part  IV  of  the Verification  Annex 
shall  not,  at  the  discretion  of  a  State  Party,  apply  to  chemical  weapons  buried  on  its  territory  before  1 
January 1977 and which remain buried, or which had been dumped at sea before 1 January 1985. 

24 

 
 
 
ARTICLE V 

CHEMICAL WEAPONS PRODUCTION FACILITIES 

1. The provisions of this Article and the detailed procedures for its implementation shall apply to any 
and all chemical weapons production facilities owned or possessed by a State Party, or that are located in 
any place under its jurisdiction or control. 

2. Detailed procedures for the implementation of this Article are set forth in the Verification Annex. 

3. All chemical weapons production facilities specified in paragraph 1 shall be subject to systematic 
verification through on-site inspection and monitoring with on-site instruments in accordance with Part V 
of the Verification Annex. 

4.  Each  State  Party  shall  cease  immediately  all  activity  at  chemical  weapons  production  facilities 

specified in paragraph 1, except activity required for closure. 

5.  No  State  Party  shall  construct  any  new  chemical  weapons  production  facilities  or  modify  any 
existing  facilities  for  the  purpose  of  chemical  weapons  production  or  for  any  other  activity  prohibited 
under this Convention. 

6. Each State Party shall, immediately after the declaration under Article III, paragraph 1 (c), has been 
submitted,  provide  access  to  chemical  weapons  production  facilities  specified  in  paragraph  1,  for  the 
purpose of systematic verification of the declaration through on-site inspection. 

7. Each State Party shall: 

(a)  Close,  not  later  than  90  days  after  this  Convention  enters  into  force  for  it,  all  chemical 
weapons production facilities specified in paragraph 1, in accordance with Part V of the Verification 
Annex, and give notice thereof; and 

(b) Provide access to chemical weapons production facilities specified in paragraph 1, subsequent 
to closure, for the purpose of systematic verification through on-site inspection and monitoring with 
on-site instruments in order to ensure that the facility remains closed and is subsequently destroyed. 

8. Each State Party shall destroy all chemical weapons production facilities specified in paragraph 1 
and related facilities and equipment, pursuant to the Verification Annex and in accordance with an agreed 
rate and sequence of destruction (hereinafter referred to as “order of destruction”). Such destruction shall 
begin not later than one year after this Convention enters into force for it, and shall finish not later than 
ten years after entry into force of this Convention. A State Party is not precluded from destroying such 
facilities at a faster rate. 

9. Each State Party shall: 

(a) Submit detailed plans for destruction of chemical weapons production facilities specified in 

paragraph 1, not later than 180 days before the destruction of each facility begins; 

(b) Submit declarations annually regarding the implementation of its plans for the destruction of 
all chemical weapons production facilities specified in paragraph 1, not later than 90 days after the 
end of each annual destruction period; and 

(c)  Certify,  not  later  than  30  days  after  the  destruction  process  has  been  completed,  that  all 

chemical weapons production facilities specified in paragraph 1 have been destroyed. 

10. If a State ratifies or accedes to this Convention after the 10-year period for destruction set forth in 
paragraph 8, it shall destroy chemical weapons production facilities specified in paragraph 1 as soon as 
possible. The order of destruction and procedures for stringent verification for such a State Party shall be 
determined by the Executive Council. 

11.  Each  State  Party,  during  the  destruction  of  chemical  weapons  production facilities,  shall  assign 
the highest priority to ensuring the safety of people and to protecting the environment. Each State Party 
shall destroy chemical weapons production facilities in accordance with its national standards for safety 
and emissions. 

12.  Chemical  weapons  production  facilities  specified  in  paragraph  1  may  be  temporarily  converted 
for destruction of chemical weapons in accordance with Part V, paragraphs 18 to 25, of  the   Verification  

25 

 
 
Annex.  Such a  converted  facility  must  be destroyed as  soon  as it  is  no  longer  in  use  for  destruction  of 
chemical weapons but, in any case, not later than 10 years after entry into force of this Convention. 

13. A State Party may request, in exceptional cases of compelling need, permission to use a chemical 
weapons production facility specified in paragraph 1 for purposes not prohibited under this Convention. 
Upon  the  recommendation  of  the  Executive  Council,  the  Conference  of  the  States  Parties  shall  decide 
whether or not to approve the request and shall establish the conditions upon which approval is contingent 
in accordance with Part V, Section D, of the Verification Annex. 

14. The chemical weapons production facility shall be converted in such a manner that the converted 
facility  is  not  more  capable  of  being  reconverted  into  a  chemical  weapons  production  facility  than  any 
other  facility  used  for  industrial,  agricultural,  research,  medical,  pharmaceutical  or  other  peaceful 
purposes not involving chemicals listed in Schedule 1. 

15. All converted facilities shall be subject to systematic verification through on-site inspection and 

monitoring with on-site instruments in accordance with Part V, Section D, of the Verification Annex. 

16.  In  carrying  out  verification  activities  pursuant  to  this  Article  and  Part  V  of  the  Verification 
Annex,  the  Organization  shall  consider  measures  to  avoid  unnecessary  duplication  of  bilateral  or 
multilateral  agreements  on  verification  of  chemical  weapons  production  facilities  and  their  destruction 
among States Parties. 

To this end, the Executive Council shall decide to limit the verification to measures complementary to 

those undertaken pursuant to such a bilateral or multilateral agreement, if it considers that: 

(a) Verification provisions of such an agreement are consistent with the verification provisions of 

this Article and Part V of the Verification Annex; 

(b)  Implementation  of  the  agreement  provides  for  sufficient  assurance  of  compliance  with  the 

relevant provisions of this Convention; and 

(c) Parties to the bilateral or multilateral agreement keep the  Organization fully informed about 

their verification activities. 

17. If the Executive Council takes a decision pursuant to paragraph 16, the Organization shall have 

the right to monitor the implementation of the bilateral or multilateral agreement. 

18. Nothing in paragraphs 16 and 17 shall affect the obligation of a State Party to make declarations 

pursuant to Article III, this Article and Part V of the Verification Annex. 

19. Each State Party shall meet the costs of destruction of chemical weapons production facilities it is 
obliged  to  destroy.  It  shall  also  meet  the  costs  of  verification  under  this  Article  unless  the  Executive 
Council  decides  otherwise.  If  the  Executive  Council  decides  to  limit  verification  measures  of  the 
Organization  pursuant  to  paragraph  16,  the  costs  of  complementary  verification  and  monitoring  by  the 
Organization  shall  be  paid  in  accordance  with  the  United  Nations  scale  of  assessment,  as  specified  in 
Article VIII, paragraph 7. 

26 

 
 
 
ARTICLE VI 

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION 

1. Each State Party has the right, subject to the provisions of this Convention, to develop, produce, 
otherwise acquire, retain, transfer and use toxic chemicals and their precursors for purposes not prohibited 
under this Convention. 

2.  Each  State  Party  shall  adopt  the  necessary  measures  to  ensure  that  toxic  chemicals  and  their 
precursors  are  only  developed,  produced,  otherwise  acquired,  retained,  transferred,  or  used  within  its 
territory  or  in  any  other  place  under  its  jurisdiction  or  control  for  purposes  not  prohibited  under  this 
Convention. To this end, and in order to verify that activities are in accordance with obligations under this 
Convention, each State Party shall subject toxic chemicals and their precursors listed in Schedules 1, 2 
and 3 of the Annex on Chemicals, facilities related to such chemicals, and other facilities as specified in 
the  Verification  Annex,  that  are  located  on  its  territory  or  in  any  other  place  under  its  jurisdiction  or 
control, to verification measures as provided in the Verification Annex. 

3. Each State Party shall subject chemicals listed in Schedule 1 (hereinafter referred to as “Schedule 1 
chemicals”) to the prohibitions on production, acquisition, retention, transfer and use as specified in Part 
VI of the Verification Annex. It shall subject Schedule 1 chemicals and facilities specified in Part VI of 
the Verification Annex to systematic verification through on-site inspection and monitoring with on-site 
instruments in accordance with that Part of the Verification Annex. 

4. Each State Party shall subject chemicals listed in Schedule 2 (hereinafter referred to as “Schedule 2 
chemicals”) and facilities specified in Part VII of the Verification Annex to data monitoring and on-site 
verification in accordance with that Part of the Verification Annex. 

5. Each State Party shall subject chemicals listed in Schedule 3 (hereinafter referred to as “Schedule 3 
chemicals”) and facilities specified in Part VIII of the Verification Annex to data monitoring and on-site 
verification in accordance with that Part of the Verification Annex. 

6.  Each  State  Party  shall  subject  facilities  specified  in  Part  IX  of  the  Verification  Annex  to  data 
monitoring and eventual on-site verification in accordance with that Part of the Verification Annex unless 
decided  otherwise  by  the  Conference  of  the  States  Parties  pursuant  to  Part  IX,  paragraph  22,  of  the 
Verification Annex. 

7. Not later than thirty days after this Convention enters into force for it, each State Party shall make 

an initial declaration on relevant chemicals and facilities in accordance with the Verification Annex. 

8. Each State Party shall make annual declarations regarding the relevant chemicals and facilities in 

accordance with the Verification Annex. 

9.  For  the  purpose  of  on-site  verification,  each  State  Party  shall  grant  to  the  inspectors  access  to 

facilities as required in the Verification Annex. 

10. In conducting verification activities, the Technical Secretariat shall avoid undue intrusion into the 
State  Party’s  chemical  activities  for  purposes  not  prohibited  under  this  Convention  and,  in  particular, 
abide by the provisions set forth in the Annex on the Protection of Confidential Information (hereinafter 
referred to as “Confidentiality Annex”). 

11.  The  provisions  of  this  Article  shall  be  implemented  in  a  manner  which  avoids  hampering  the 
economic  or  technological  development  of  States  Parties,  and  international  cooperation  in  the  field  of 
chemical activities for purposes not prohibited under this Convention including the international exchange 
of scientific and technical information and chemicals and equipment for the production, processing or use 
of chemicals for purposes not prohibited under this Convention. 

27 

 
 
 
ARTICLE VII 

NATIONAL IMPLEMENTATION MEASURES 

General undertakings 

1.  Each  State  Party  shall,  in  accordance  with  its  constitutional  processes,  adopt  the  necessary 

measures to implement its obligations under this Convention. In particular, it shall: 

(a)  Prohibit  natural  and  legal  persons  anywhere  on  its  territory  or  in  any  other  place  under  its 
jurisdiction  as  recognized  by  international  law  from  undertaking  any  activity  prohibited  to  a  State 
Party under this Convention, including enacting penal legislation with respect to such activity; 

(b) Not permit in any place under its control any activity prohibited to a State Party under this 

Convention; and 

(c)  Extend  its  penal  legislation  enacted  under  sub-paragraph  (a)  to  any  activity  prohibited  to  a 
State Party under this Convention undertaken anywhere by natural persons, possessing its nationality, 
in conformity with international law. 

2. Each State Party shall cooperate with other States Parties and afford the appropriate form of legal 

assistance to facilitate the implementation of the obligations under paragraph 1. 

3. Each State Party, during the implementation of its obligations under this Convention, shall assign 
the highest priority to ensuring the safety of people and to protecting the environment, and shall cooperate 
as appropriate with other States Parties in this regard. 

Relations between the State Party and the Organization 

4. In order to fulfil its obligations under this Convention, each State Party shall designate or establish 
a National Authority to serve as the national focal point for effective liaison with the  Organization and 
other States Parties. Each State Party shall notify the Organization of its National Authority at the time 
that this Convention enters into force for it. 

5. Each State Party shall inform the Organization of the legislative and administrative measures taken 

to implement this Convention. 

6. Each State Party shall treat as confidential and afford special handling to information and data that 
it receives in confidence from the Organization in connection with the implementation of this Convention. 

It shall treat such information and data exclusively in connection with its rights and obligations under 

this Convention and in accordance with the provisions set forth in the Confidentiality Annex. 

7. Each State Party undertakes to cooperate with the Organization in the exercise of all its functions 

and in particular to provide assistance to the Technical Secretariat. 

28 

 
 
 
ARTICLE VIII 

THE ORGANIZATION 

A. GENERAL PROVISIONS 

1.  The  States  Parties  to  this  Convention  hereby  establish  the  Organization  for  the  Prohibition  of 
Chemical Weapons to achieve the object and purpose of this Convention, to ensure the implementation of 
its provisions, including those for international verification of compliance with it, and to provide a forum 
for consultation and cooperation among States Parties. 

2. All States Parties to this Convention shall be members of the Organization. A State Party shall not 

be deprived of its membership in the Organization. 

3. The seat of the Headquarters of the Organization shall be The Hague, Kingdom of the Netherlands. 

4.  There  are  hereby  established  as  the  organs  of  the  Organization:  the  Conference  of  the  States 

Parties, the Executive Council, and the Technical Secretariat. 

5. The Organization shall conduct its verification activities provided for under this Convention in the 
least  intrusive  manner  possible  consistent  with  the  timely  and  efficient  accomplishment  of  their 
objectives. It shall request only the information and data necessary to fulfil its responsibilities under this 
Convention.  It  shall  take  every  precaution  to  protect  the  confidentiality  of  information  on  civil  and 
military activities and facilities coming to its knowledge in the implementation of this Convention and, in 
particular, shall abide by the provisions set forth in the Confidentiality Annex. 

6. In undertaking its verification activities the  Organization shall consider measures to make use of 

advances in science and technology. 

7.  The  costs  of  the  Organization’s  activities  shall  be  paid  by  States  Parties  in  accordance  with  the 
United Nations scale of assessment adjusted to take into account differences in membership between the 
United  Nations  and  this  Organization,  and  subject  to  the  provisions  of  Articles  IV  and  V.  Financial 
contributions  of  States  Parties  to  the  Preparatory  Commission  shall  be  deducted  in  an  appropriate  way 
from their contributions to the regular budget. The budget of the Organization shall comprise two separate 
chapters, one relating to administrative and other costs, and one relating to verification costs. 

8. A member of the Organization which is in arrears in the payment of its financial contribution to the 
Organization  shall  have  no  vote  in  the  Organization  if  the  amount  of  its  arrears  equals  or  exceeds  the 
amount  of  the  contribution  due  from  it  for  the  preceding  two  full  years.  The  Conference  of  the  States 
Parties may, nevertheless, permit such a member to vote if it is satisfied that the failure to pay is due to 
conditions beyond the control of the member. 

B. THE CONFERENCE OF THE STATES PARTIES 

Composition, procedures and decision-making 

9.  The  Conference  of  the  States  Parties  (hereinafter  referred  to  as  “the  Conference”)  shall  be 
composed  of  all  members  of  this  Organization.  Each  member  shall  have  one  representative  in  the 
Conference, who may be accompanied by alternates and advisers. 

10.  The  first  session  of  the  Conference  shall  be  convened  by  the  depositary  not  later  than  30  days 

after the entry into force of this Convention. 

11.  The  Conference  shall  meet  in  regular  sessions  which  shall  be  held  annually  unless  it  decides 

otherwise. 

12. Special sessions of the Conference shall be convened: 

(a) When decided by the Conference; 

(b) When requested by the Executive Council; 

(c) When requested by any member and supported by one third of the members; or 

(d) In accordance with paragraph 22 to undertake reviews of the operation of this Convention. 

Except in the case of sub-paragraph (d), the special session shall be convened not later than 30 days after 
receipt of the request by the Director-General of the Technical Secretariat, unless specified otherwise in 
the request. 

29 

 
13. The Conference shall also be convened in the form of an Amendment Conference in accordance 

with Article XV, paragraph 2. 

14. Sessions of the Conference shall take place at the seat of the Organization unless the Conference 

decides otherwise. 

15.  The  Conference  shall  adopt  its  rules  of  procedure.  At  the  beginning  of  each  regular  session,  it 
shall  elect its  Chairman  and  such  other  officers  as  may  be  required. They  shall  hold  office  until a  new 
Chairman and other officers are elected at the next regular session. 

16. A majority of the members of the Organization shall constitute a quorum for the Conference. 

17. Each member of the Organization shall have one vote in the Conference. 

18.  The  Conference  shall  take  decisions  on  questions  of  procedure  by  a  simple  majority  of  the 
members  present  and  voting.  Decisions  on  matters  of  substance  should  be  taken  as  far  as  possible  by 
consensus. If consensus is not attainable when an issue comes up for decision, the Chairman shall defer 
any  vote  for  24  hours  and  during  this  period  of  deferment  shall  make  every  effort  to  facilitate 
achievement of consensus, and shall report to the Conference before the end of this period. If consensus is 
not  possible  at  the  end  of  24  hours,  the  Conference  shall  take  the  decision  by  a  two-thirds  majority  of 
members  present  and  voting  unless specified  otherwise  in this  Convention.  When  the  issue  arises  as  to 
whether  the  question  is  one  of  substance  or  not,  that  question  shall  be  treated as  a  matter  of  substance 
unless  otherwise  decided  by  the  Conference  by  the  majority  required  for  decisions  on  matters  of 
substance. 

19. The Conference shall be the principal organ of the Organization. It shall consider any questions, 
matters or issues within the scope of this Convention, including those relating to the powers and functions 
of the Executive Council and the Technical Secretariat. It may make recommendations and take decisions 
on  any  questions,  matters  or  issues  related  to  this  Convention  raised  by  a  State  Party  or  brought  to  its 
attention by the Executive Council. 

20. The Conference shall oversee the implementation of this Convention, and act in order to promote 
its  object  and  purpose.  The  Conference  shall  review  compliance  with  this  Convention.  It  shall  also 
oversee the activities of the Executive Council and the Technical Secretariat and may issue guidelines in 
accordance with this Convention to either of them in the exercise of their functions. 

21. The Conference shall: 

(a)  Consider  and  adopt  at  its  regular  sessions  the  report,  programme  and  budget  of  the 

Organization, submitted by the Executive Council, as well as consider other reports; 

(b) Decide on the scale of financial contributions to be paid by States Parties in accordance with 

paragraph 7; 

(c) Elect the members of the Executive Council; 

(d)  Appoint  the  Director-General  of  the  Technical  Secretariat  (hereinafter  referred  to  as  “the 

Director-General”); 

(e) Approve the rules of procedure of the Executive Council submitted by the latter; 

(f)  Establish  such  subsidiary  organs  as  it  finds  necessary  for  the  exercise  of  its  functions  in 

accordance with this Convention; 

(g) Foster international cooperation for peaceful purposes in the field of chemical activities; 

(h)  Review  scientific  and  technological  developments  that  could  affect  the  operation  of  this 
Convention and, in this context, direct the Director-General to establish a Scientific Advisory Board 
to enable him, in the performance of his functions, to render specialized advice in areas of science and 
technology  relevant  to this  Convention, to the  Conference, the  Executive  Council  or  States  Parties. 
The  Scientific  Advisory  Board  shall  be  composed  of  independent  experts  appointed  in  accordance 
with terms of reference adopted by the Conference; 

(i)  Consider  and  approve  at  its  first  session  any  draft  agreements,  provisions  and  guidelines 

developed by the Preparatory Commission; 

(j) Establish at its first session the voluntary fund for assistance in accordance with Article X; 

30 

 
(k) Take the necessary measures to ensure compliance with this Convention and to redress and 
remedy any situation which contravenes the provisions of this Convention, in accordance with Article 
XII. 

22. The Conference shall not later than one year after the expiry of the fifth and the tenth year after 
the entry into force of this Convention, and at such other times within that time period as may be decided 
upon, convene in special sessions to undertake reviews of the operation of this Convention. Such reviews 
shall take into account any relevant scientific and technological developments. At intervals of five years 
thereafter, unless otherwise decided upon, further sessions of the Conference shall be convened with the 
same objective. 

C. THE EXECUTIVE COUNCIL 

Composition, procedure and decision-making 

23.  The  Executive  Council  shall  consist  of  41  members.  Each  State  Party  shall  have  the  right,  in 
accordance  with  the  principle  of  rotation,  to  serve  on  the  Executive  Council.  The  members  of  the 
Executive  Council  shall  be  elected  by  the  Conference  for  a  term  of  two  years.  In  order  to  ensure  the 
effective  functioning  of  this  Convention,  due  regard  being  specially  paid  to  equitable  geographical 
distribution,  to  the  importance  of  chemical  industry,  as  well  as  to  political  and  security  interests,  the 
Executive Council shall be composed as follows: 

(a) Nine States Parties from Africa to be designated by States Parties located in this region. As a 
basis for this designation it is understood that, out of these nine States Parties, three members shall, as 
a  rule,  be  the  States  Parties  with  the  most  significant  national  chemical  industry  in  the  region  as 
determined by internationally reported and published data; in addition, the regional group shall agree 
also to take into account other regional factors in designating these three members; 

(b) Nine States Parties from Asia to be designated by States Parties located in this region. As a 
basis for this designation it is understood that, out of these nine States Parties, four members shall, as 
a  rule,  be  the  States  Parties  with  the  most  significant  national  chemical  industry  in  the  region  as 
determined by internationally reported and published data; in addition, the regional group shall agree 
also to take into account other regional factors in designating these four members; 

(c)  Five  States  Parties  from  Eastern  Europe  to  be  designated  by  States  Parties  located  in  this 
region.  As  a  basis  for  this  designation  it  is  understood  that,  out  of  these  five  States  Parties,  one 
member shall, as a rule, be the State Party with the most significant national chemical industry in the 
region as determined by internationally reported and published data; in addition, the regional group 
shall agree also to take into account other regional factors in designating this one member; 

(d) Seven States Parties from Latin America and the Caribbean to be designated by States Parties 
located in this region. As a basis for this designation it is understood that, out of these seven States 
Parties,  three  members  shall,  as  a  rule,  be  the  States  Parties  with  the  most  significant  national 
chemical  industry  in  the  region  as  determined  by  internationally  reported  and  published  data;  in 
addition, the regional group shall agree also to take into account other regional factors in designating 
these three members; 

(e) Ten States Parties from among Western European and other States to be designated by States 
Parties  located  in  this  region.  As  a  basis  for  this  designation  it  is  understood  that,  out  of  these  10 
States  Parties,  5  members  shall,  as  a  rule,  be  the  States  Parties  with  the  most  significant  national 
chemical  industry  in  the  region  as  determined  by  internationally  reported  and  published  data;  in 
addition, the regional group shall agree also to take into account other regional factors in designating 
these five members; 

(f) One further State Party to be designated consecutively by States Parties located in the regions 
of Asia and Latin America and the Caribbean. As a basis for this designation it is understood that this 
State Party shall be a rotating member from these regions. 

24. For the first election of the Executive Council 20 members shall be elected for a term of one year, 

due regard being paid to the established numerical proportions as described in paragraph 23. 

25.  After  the  full  implementation  of  Articles  IV  and  V  the  Conference  may,  upon  the  request  of  a 
majority of the  members of the  Executive Council, review the  composition   of   the  Executive  Council  

31 

 
 
taking into account developments related to the principles specified in paragraph 23 that are governing its 
composition. 

26. The Executive Council shall elaborate its rules of procedure and submit them to the Conference 

for approval. 

27. The Executive Council shall elect its Chairman from among its members. 

28. The Executive Council shall meet for regular sessions. Between regular sessions it shall meet as 

often as may be required for the fulfilment of its powers and functions. 

29.  Each  member  of  the  Executive  Council  shall  have  one  vote.  Unless  otherwise  specified  in  this 
Convention, the Executive Council shall take decisions on matters of substance by a two-thirds majority 
of  all  its  members.  The  Executive  Council  shall  take  decisions  on  questions  of  procedure  by  a  simple 
majority of all its members. When the issue arises as to whether the question is one of substance or not, 
that question shall be treated as a matter of substance unless otherwise decided by the Executive Council 
by the majority required for decisions on matters of substance. 

Powers and functions 

30. The Executive Council shall be the executive organ of the Organization. It shall be responsible to 
the Conference. The Executive Council shall carry out the powers and functions entrusted to it under this 
Convention,  as  well  as  those  functions  delegated  to  it  by  the  Conference.  In  so  doing,  it  shall  act  in 
conformity with the recommendations, decisions and guidelines of the Conference and assure their proper 
and continuous implementation. 

31. The Executive Council shall promote the effective implementation of, and compliance with, this 
Convention.  It  shall  supervise  the  activities  of  the  Technical  Secretariat,  cooperate  with  the  National 
Authority  of  each  State  Party  and  facilitate  consultations  and  cooperation  among  States  Parties  at  their 
request. 

32. The Executive Council shall: 

(a) Consider and submit to the Conference the draft programme and budget of the Organization; 

(b)  Consider  and  submit  to  the  Conference  the  draft  report  of  the  Organization  on  the 
implementation  of  this  Convention,  the  report  on  the  performance  of  its  own  activities  and  such 
special reports as it deems necessary or which the Conference may request; 

(c) Make arrangements for the sessions of the Conference including the preparation of the draft 

agenda. 

33. The Executive Council may request the convening of a special session of the Conference. 

34. The Executive Council shall: 

(a) Conclude agreements or arrangements with States and international Organizations on behalf 

of the Organization, subject to prior approval by the Conference; 

(b)  Conclude  agreements  with  States  Parties  on  behalf  of  the  Organization  in  connection  with 

Article X and supervise the voluntary fund referred to in Article X; 

(c) Approve agreements or arrangements relating to the implementation of verification activities, 

negotiated by the Technical Secretariat with States Parties. 

35.  The  Executive  Council  shall  consider  any  issue  or  matter  within  its  competence  affecting  this 
Convention  and  its  implementation,  including  concerns  regarding  compliance,  and  cases  of  non-
compliance, and, as appropriate, inform States Parties and bring the issue or matter to the attention of the 
Conference. 

36.  In  its  consideration  of  doubts  or  concerns  regarding  compliance  and  cases  of  non-compliance, 
including, inter alia, abuse of the rights provided for under this Convention, the Executive Council shall 
consult with the States Parties involved and, as appropriate, request the State Party to take measures to 
redress the situation within a specified time. To the extent that the Executive Council considers further 
action to be necessary, it shall take, inter alia, one or more of the following measures: 

(a) Inform all States Parties of the issue or matter; 

32 

 
 
 
(b) Bring the issue or matter to the attention of the Conference; 

(c) Make recommendations to the Conference regarding measures to redress the situation and to 

ensure compliance, 

The  Executive  Council  shall,  in  cases  of  particular  gravity  and  urgency,  bring  the  issue  or  matter, 
including  relevant  information  and  conclusions,  directly  to  the  attention  of  the  United  Nations  General 
Assembly and the United Nations Security Council. It shall at the same time inform all States Parties of 
this step. 

D. THE TECHNICAL SECRETARIAT 

37.  The  Technical  Secretariat  shall  assist  the  Conference  and  the  Executive  Council  in  the 
performance  of  their  functions.  The  Technical  Secretariat  shall  carry  out  the  verification  measures 
provided for in this Convention. It shall carry out the other functions entrusted to it under this Convention 
as well as those functions delegated to it by the Conference and the Executive Council. 

38. The Technical Secretariat shall: 

(a)  Prepare  and  submit  to  the  Executive  Council  the  draft  programme  and  budget  of  the 

Organization; 

(b)  Prepare  and  submit  to  the  Executive  Council  the  draft  report  of  the  Organization  on  the 
implementation of this Convention and such other reports as the Conference or the Executive Council 
may request; 

(c)  Provide  administrative  and  technical  support  to  the  Conference,  the  Executive  Council  and 

subsidiary organs; 

(d) Address and receive communications on behalf of the Organization to and from States Parties 

on matters pertaining to the implementation of this Convention; 

(e) Provide technical assistance and technical evaluation to States Parties in the implementation 

of the provisions of this Convention, including evaluation of scheduled and unscheduled chemicals. 

39. The Technical Secretariat shall: 

(a) Negotiate agreements or arrangements relating to the implementation of verification activities 

with States Parties, subject to approval by the Executive Council; 

(b) Not later than 180 days after entry into force of this Convention, coordinate the establishment 
and maintenance of permanent stockpiles of emergency and humanitarian assistance by States Parties 
in  accordance  with  Article  X,  paragraphs  7  (b)  and  (c).  The  Technical  Secretariat  may  inspect  the 
items maintained for serviceability. Lists of items to be stockpiled shall be considered and approved 
by the Conference pursuant to paragraph 21 (i) above; 

(c)  Administer  the  voluntary  fund  referred  to  in  Article  X,  compile  declarations  made  by  the 
States Parties and register, when requested, bilateral agreements concluded between States Parties or 
between a State Party and the Organization for the purposes of Article X. 

40. The Technical Secretariat shall inform the Executive Council of any problem that has arisen with 
regard to the discharge of its functions, including doubts, ambiguities or uncertainties about compliance 
with this Convention that have come to its notice in the performance of its verification activities and that 
it has been unable to resolve or clarify through its consultations with the State Party concerned. 

41.  The  Technical  Secretariat  shall  comprise  a  Director-General,  who  shall  be  its  head  and  chief 

administrative officer, inspectors and such scientific, technical and other personnel as may be required. 

42. The Inspectorate shall be a unit of the Technical Secretariat and shall act under the supervision of 

the Director-General. 

43.  The  Director-General  shall  be  appointed  by  the  Conference  upon  the  recommendation  of  the 

Executive Council for a term of four years, renewable for one further term, but not thereafter. 

44.  The  Director-General  shall  be  responsible to  the  Conference  and  the  Executive  Council  for  the 
appointment of the staff and the Organization and functioning of the Technical Secretariat.The paramount 
consideration in the employment of the staff and in the determination of the conditions of service shall be 
the necessity of securing the highest standards of efficiency, competence and integrity. Only citizens of 

33 

 
States Parties shall serve as the Director-General, as inspectors or as other members of the professional 
and  clerical  staff.  Due  regard  shall  be  paid  to  the  importance  of  recruiting  the  staff  on  as  wide  a 
geographical basis as possible. Recruitment shall be guided by the principle that the staff shall be kept to 
a minimum necessary for the proper discharge of the responsibilities of the Technical Secretariat. 

45. The Director-General shall be responsible for the Organization and functioning of the Scientific 
Advisory  Board  referred  to  in  paragraph  21(h).  The  Director-General  shall,  in  consultation  with  States 
Parties, appoint members of the Scientific Advisory Board, who shall serve in their individual capacity. 
The  members  of the  Board  shall  be appointed  on  the basis  of  their expertise  in  the  particular  scientific 
fields relevant to the implementation of this Convention. The Director-General may also, as appropriate, 
in consultation with members of the Board, establish temporary working groups of scientific experts to 
provide  recommendations  on  specific  issues.  In  regard  to  the  above,  States  Parties  may  submit  lists  of 
experts to the Director-General. 

46. In the performance of their duties, the Director-General, the inspectors and the other members of 
the staff shall not seek or receive instructions from any Government or from any other source external to 
the Organization. They shall refrain from any action that might reflect on their positions as international 
officers responsible only to the Conference and the Executive Council. 

47. Each State Party shall respect the exclusively international character of the responsibilities of the 
Director-General, the inspectors and the other members of the staff and not seek to influence them in the 
discharge of their responsibilities. 

E. PRIVILEGES AND IMMUNITIES 

48.  The  Organization  shall  enjoy  on  the  territory  and  in  any  other  place  under  the  jurisdiction  or 
control of a State Party such legal capacity and such privileges and immunities as are necessary for the 
exercise of its functions. 

49. Delegates of States Parties, together with their alternates and advisers, representatives appointed 
to the Executive Council together with their alternates and advisers, the Director-General and the staff of 
the Organization shall enjoy such privileges and immunities as are necessary in the independent exercise 
of their functions in connection with the Organization. 

50.  The  legal  capacity,  privileges,  and  immunities  referred  to  in  this  Article  shall  be  defined  in 
agreements  between  the  Organization  and  the  States  Parties  as  well  as  in  an  agreement  between  the 
Organization  and  the  State  in  which  the  headquarters  of  the  Organization  is  seated.  These  agreements 
shall be considered and approved by the Conference pursuant to paragraph 21(i). 

51.  Notwithstanding  paragraphs  48  and  49,  the  privileges  and  immunities  enjoyed  by  the  Director-
General  and  the  staff  of  the  Technical  Secretariat  during  the  conduct  of  verification  activities  shall  be 
those set forth in Part II, Section B, of the Verification Annex. 

34 

 
 
 
ARTICLE IX 

CONSULTATIONS, COOPERATION AND FACT-FINDING 

1. States Parties shall consult and cooperate, directly among themselves, or through the Organization 
or  other appropriate international  procedures,  including  procedures  within  the framework  of  the  United 
Nations and in accordance with its Charter, on any matter which may be raised relating to the object and 
purpose, or the implementation of the provisions, of this Convention. 

2. Without prejudice to the right of any State Party  to request a challenge inspection, States Parties 
should, whenever possible, first make every effort to clarify and resolve, through exchange of information 
and  consultations  among  themselves,  any  matter  which  may  cause  doubt  about  compliance  with  this 
Convention, or which gives rise to concerns about a related matter which may be considered ambiguous. 
A State Party which receives a request from another State Party for clarification of any matter which the 
requesting State Party believes causes such a doubt or concern shall provide the requesting State Party as 
soon as possible, but in any case not later than 10 days after the request, with information sufficient to 
answer the doubt or concern raised along with an explanation of how the information provided resolves 
the matter. Nothing in this Convention shall affect the right of any two or more States Parties to arrange 
by mutual consent for inspections or any other procedures among themselves to clarify and resolve any 
matter which may cause doubt about compliance or gives rise to a concern about a related matter which 
may be considered ambiguous. Such arrangements shall not affect the rights and obligations of any State 
Party under other provisions of this Convention. 

Procedure for requesting clarification 

3.  A  State  Party  shall  have  the  right  to  request  the  Executive  Council  to  assist  in  clarifying  any 
situation which may be considered ambiguous or which gives rise to a concern about the possible non-
compliance of another State Party with this Convention. The Executive Council shall provide appropriate 
information in its possession relevant to such a concern. 

4.  A  State  Party  shall  have  the  right  to  request  the  Executive  Council  to  obtain  clarification  from 
another State Party on any situation which may be considered ambiguous or which gives rise to a concern 
about its possible non-compliance with this Convention. In such a case, the following shall apply: 

(a) The Executive Council shall forward the request for clarification to the State Party concerned 

through the Director-General not later than 24 hours after its receipt; 

(b) The requested State Party shall provide the clarification to the Executive Council as soon as 

possible, but in any case not later than 10 days after the receipt of the request; 

(c)  The  Executive  Council  shall  take  note  of  the  clarification  and  forward  it  to  the  requesting 

State Party not later than 24 hours after its receipt; 

(d) If the requesting State Party deems the clarification to be inadequate, it shall have the right to 

request the Executive Council to obtain from the requested State Party further clarification; 

(e)  For  the  purpose  of  obtaining  further  clarification  requested  under  sub-paragraph  (d),  the 
Executive  Council  may  call  on  the  Director-General  to  establish  a  group  of  experts  from  the 
Technical  Secretariat,  or  if  appropriate  staff  are  not  available  in  the  Technical  Secretariat,  from 
elsewhere, to examine all available information and data relevant to the situation causing the concern. 
The group of experts shall submit a factual report to the Executive Council on its findings; 

(f) If the requesting State Party considers the clarification obtained under sub-paragraphs (d) and 
(e) to be unsatisfactory, it shall have the right to request a special session of the Executive Council in 
which States Parties involved that are not members of the Executive Council shall be entitled to take 
part. In such a special session, the Executive Council shall consider the matter and may recommend 
any measure it deems appropriate to resolve the situation. 

5.  A  State  Party  shall  also  have  the  right  to  request  the  Executive  Council  to  clarify  any  situation 
which has been considered ambiguous or has given rise to a concern about its possible non-compliance 
with this Convention. The Executive Council shall respond by providing such assistance as appropriate. 

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

in this Article. 

35 

 
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 clarification to the Executive Council, or it believes 
its doubts warrant urgent consideration, notwithstanding its right to request a challenge inspection, it may 
request a special session of the Conference in accordance  with Article VIII, paragraph 12(c). At such a 
special  session,  the  Conference  shall  consider  the  matter  and  may  recommend  any  measure  it  deems 
appropriate to resolve the situation. 

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 jurisdiction or control of any other State Party for the sole 
purpose  of  clarifying  and  resolving  any  questions  concerning  possible  non-compliance  with  the 
provisions  of  this  Convention,  and  to  have  this  inspection  conducted  anywhere  without  delay  by  an 
inspection team designated by the Director-General and in accordance with the Verification Annex. 

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 appropriate information on the basis of which a 
concern  has  arisen  regarding  possible  non-compliance  with  this  Convention  as  specified  in  the 
Verification Annex. Each State Party shall refrain from unfounded inspection requests, care being taken 
to  avoid  abuse.  The  challenge  inspection  shall  be  carried  out  for  the  sole  purpose  of  determining  facts 
relating to the possible non-compliance. 

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-site challenge inspection pursuant to paragraph 8. 

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, the inspected State Party shall have: 

(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 team to fulfil its mandate; 

(b) The obligation to provide access within the requested site for the sole purpose of establishing 

facts relevant to the concern regarding possible non-compliance; and 

(c)  The  right  to  take  measures  to  protect  sensitive  installations,  and  to  prevent  disclosure  of 

confidential information and data, not related to this Convention. 

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 State Party or of a third State Party, to 
observe the conduct of the challenge inspection; 

(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 in the final report. 

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 Director-General for immediate processing. 

14.  The  Director-General  shall  immediately  ascertain  that  the  inspection  request  meets  the 
requirements  specified  in  Part  X,  paragraph  4,  of  the  Verification  Annex,  and,  if  necessary,  assist  the 
requesting State Party in filing the inspection request accordingly. When the inspection request fulfils the 
requirements, preparations for the challenge inspection shall begin. 

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 team at the point of entry. 

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 the case under its consideration throughout the 
inspection procedure. However, its deliberations shall not delay the inspection process. 

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 against carrying out the challenge inspection, if it 
considers the inspection request to be frivolous, abusive or clearly beyond the scope of this Convention as 

36 

 
described in paragraph 8. Neither the requesting nor the inspected State Party shall participate in such a 
decision. If the Executive Council decides against the challenge inspection, preparations shall be stopped, 
no  further  action  on  the  inspection  request  shall  be  taken,  and  the  States  Parties  concerned  shall  be 
informed accordingly. 

18.  The  Director-General  shall  issue  an  inspection  mandate  for  the  conduct  of  the  challenge 
inspection. The inspection mandate shall be the inspection request referred to in paragraphs 8 and 9 put 
into operational terms, and shall conform with the inspection request. 

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. The inspection  team  shall  be  guided  by  the 
principle of conducting the challenge inspection in the least intrusive manner possible, consistent with the 
effective and timely accomplishment of its mission. 

20. The inspected State Party shall assist the inspection team throughout the challenge inspection and 
facilitate its task. If the inspected State Party proposes, pursuant to Part X, Section C, of the Verification 
Annex,  arrangements  to  demonstrate  compliance  with  this  Convention,  alternative  to  full  and 
comprehensive  access,  it  shall  make  every  reasonable  effort,  through  consultations  with  the  inspection 
team,  to  reach  agreement  on  the  modalities  for  establishing  the  facts  with  the  aim  of  demonstrating  its 
compliance. 

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  granted  for  the  satisfactory  implementation  of  the 
challenge inspection. The Director-General shall promptly transmit the final report of the inspection team 
to the requesting State Party, to the inspected State Party, to the Executive Council and to all other States 
Parties. The Director-General shall further transmit promptly to the Executive Council the assessments of 
the requesting and of the inspected States Parties, as well as the views of other States Parties which may 
be conveyed to the Director-General for that purpose, and then provide them to all States Parties. 

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 address any concerns as to: 

(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,  it  shall  take  the  appropriate  measures  to 
redress the situation and to ensure compliance with this Convention, including specific recommendations 
to the Conference. In the case of abuse, the Executive Council shall examine whether the requesting State 
Party should bear any of the financial implications of the challenge inspection. 

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  States  Parties  and  the  next  session  of  the 
Conference of the outcome of the process. 

25. If the Executive Council has made specific recommendations to the Conference, the Conference 

shall consider action in accordance with Article XII. 

37 

 
 
 
ARTICLE X 

ASSISTANCE AND PROTECTION AGAINST CHEMICAL WEAPONS 

1. For the purposes of this Article, “Assistance” means the coordination and delivery to States Parties 
of  protection  against  chemical  weapons,  including,  inter  alia,  the  following:  detection  equipment  and 
alarm systems; protective equipment; decontamination equipment and decontaminants; medical antidotes 
and treatments; and advice on any of these protective measures. 

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 means of protection against chemical weapons, 
for purposes not prohibited under this Convention. 

3.  Each  State  Party  undertakes  to  facilitate,  and  shall  have  the  right  to  participate  in,  the  fullest 
possible exchange of equipment, material and scientific and technological information concerning means 
of protection against chemical weapons. 

4.  For  the  purposes  of  increasing  the  transparency  of  national  programmes  related  to  protective 
purposes,  each  State  Party  shall  provide  annually  to  the  Technical  Secretariat  information  on  its 
programme, in accordance with procedures to be considered and approved by the Conference pursuant to 
Article VIII, paragraph 21(i). 

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  State  Party,  a  data  bank  containing  freely 
available information concerning various means of protection against chemical weapons as well as such 
information as may be provided by States Parties. 

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  Party  in  identifying  how  its  programmes  for  the 
development and improvement of a protective capacity against chemical weapons could be implemented. 

6. Nothing in this Convention shall be interpreted as impeding the right of States Parties to request 
and  provide  assistance  bilaterally  and  to  conclude  individual  agreements  with  other  States  Parties 
concerning the emergency procurement of assistance. 

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, upon demand, of assistance; 

(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 Organization. If, however, a State Party 
subsequently  is  unable  to  provide  the  assistance  envisaged  in  its  declaration,  it  is  still  under  the 
obligation to provide assistance in accordance with this paragraph. 

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  the  use  or  threat  of  use  of  chemical  weapons  if  it 
considers that: 

(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 and to all States Parties. The Director-General shall 
immediately forward the request to States Parties which have volunteered, in accordance with paragraph  
7(b) and (c), to dispatch emergency assistance in case of use of chemical weapons or use of riot control 
agents  as  a  method  of  warfare,  or  humanitarian  assistance  in  case  of  serious  threat  of  use  of  chemical 
weapons or serious threat of use of riot control agents as a method of warfare to the State Party concerned 
not later than 12 hours after receipt of the request. The  Director-General  shall  initiate,   not later than 24  

38 

 
 
hours after receipt of the  request, an investigation in order to provide foundation for further action. He 
shall  complete  the  investigation  within  72  hours  and  forward  a  report  to  the  Executive  Council.  If 
additional time is required for completion of the investigation, an interim report shall be submitted within 
the  same  time-frame.  The  additional  time  required  for  investigation  shall  not  exceed  72  hours.  It  may, 
however,  be  further  extended  by  similar  periods.  Reports  at  the  end  of  each  additional  period  shall  be 
submitted  to  the  Executive  Council.  The  investigation  shall,  as  appropriate  and  in  conformity  with  the 
request and the information  accompanying  the  request,  establish relevant facts related  to the request  as 
well as the type and scope of supplementary assistance and protection needed. 

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  simple  majority  within  the  following  24  hours  on 
whether  to  instruct  the  Technical  Secretariat  to  provide  supplementary  assistance.  The  Technical 
Secretariat  shall  immediately  transmit  to  all  States  Parties  and  relevant  international  Organizations  the 
investigation report and the decision taken by the Executive Council. When so decided by the Executive 
Council,  the  Director-General  shall  provide  assistance  immediately.  For  this  purpose,  the  Director-
General  may  cooperate  with  the  requesting  State  Party,  other  States  Parties  and  relevant  international 
Organizations. The States Parties shall make the fullest possible efforts to provide assistance. 

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 weapons and immediate action is indispensable, 
the Director-General shall notify all States Parties and shall take emergency measures of assistance, using 
the resources the Conference has placed at his disposal for such contingencies. The Director-General shall 
keep the Executive Council informed of actions undertaken pursuant to this paragraph. 

39 

 
 
 
ARTICLE XI 

ECONOMIC AND TECHNOLOGY 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  international  cooperation  in  the  field  of 
chemical activities for purposes not prohibited under this Convention including the international exchange 
of scientific and technical information and chemicals and equipment for the production, processing or use 
of chemicals for purposes not prohibited under this Convention. 

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  information  relating  to  the  development  and 
application of chemistry for purposes not prohibited under this Convention; 

(c)  Not  maintain  among  themselves  any  restrictions,  including  those  in  any  international 
agreements,  incompatible  with  the  obligations  undertaken  under  this  Convention,  which  would 
restrict  or  impede  trade  and  the  development  and  promotion  of  scientific  and  technological 
knowledge in the field of chemistry for industrial, agricultural, research, medical, pharmaceutical or 
other peaceful purposes; 

(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  international  agreement  for  pursuing  an 
objective inconsistent with this Convention; 

(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 this Convention. 

40 

 
 
 
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  any  situation  which  contravenes  the 
provisions of this Convention. In considering action pursuant to this paragraph, the Conference shall take 
into account all information and recommendations on the issues submitted by the Executive Council. 

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 compliance, and where the State Party fails to fulfil 
the  request  within  the  specified  time,  the  Conference  may,  inter  alia,  upon  the  recommendation  of  the 
Executive Council, restrict or suspend the State Party’s rights and privileges under this Convention until it 
undertakes the necessary action to conform with its obligations under this Convention. 

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  Article  I,  the  Conference  may  recommend 
collective measures to States Parties in conformity with international law. 

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

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  Prohibition  of  the  Use  in  War  of 
Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of War fare, signed at Geneva 
on  17  June  1925,  and  under  the  Convention  on  the  Prohibition  of  the  Development,  Production  and 
Stockpiling  of  Bacteriological  (Biological)  and  Toxin  Weapons  and  on  their  Destruction,  signed  at 
London, Moscow and Washington on 10 April 1972. 

41 

 
 
 
 
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  this  Convention  and  in  conformity  with  the 
provisions of the Charter of the United Nations. 

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 application of this Convention, the parties concerned 
shall consult together with a view to the expeditious settlement of the dispute by negotiation or by other 
peaceful means of the parties’ choice, including recourse to appropriate organs of this Convention and, by 
mutual consent, referral to the International Court of Justice in conformity with the Statute of the Court. 
The States Parties involved shall keep the Executive Council informed of actions being taken. 

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  the  States  Parties  to  a  dispute  to  start  the 
settlement process of their choice and recommending a time-limit for any agreed procedure. 

4. The Conference shall consider questions related to disputes raised by States Parties or brought to its 
attention by the Executive Council. The Conference shall, as it finds necessary, establish or entrust organs 
with tasks related to the settlement of these disputes in conformity with Article VIII, paragraph 21(f). 

5.  The  Conference  and  the  Executive  Council  are  separately  empowered,  subject  to  authorization 
from the General Assembly of the United Nations, to request the International Court of Justice to give an 
advisory opinion on any legal question arising within the scope of the activities of the Organization. An 
agreement  between  the  Organization  and  the  United  Nations  shall  be  concluded  for  this  purpose  in 
accordance with Article VIII, paragraph 34(a). 

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. 

42 

 
 
 
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 Convention. Proposals for amendments shall 
be  subject  to  the procedures in  paragraphs  2 and 3. Proposals  for  changes,  as specified  in  paragraph  4, 
shall be subject to the procedures in paragraph 5. 

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  amendment  shall  be  considered  only  by  an 
Amendment Conference. Such an Amendment Conference shall be convened if one third or more of the 
States  Parties  notify  the  Director-General  not  later  than  30  days  after  its  circulation  that  they  support 
further consideration of the proposal. The Amendment Conference shall be held immediately following a 
regular  session  of  the  Conference  unless  the  requesting  States  Parties  ask  for  an  earlier  meeting.  In  no 
case  shall  an  Amendment  Conference  be  held  less  than  60  days  after  the  circulation  of  the  proposed 
amendment. 

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 referred to under sub-paragraph (b) below: 

(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,  if  proposed  changes  are  related  only  to 
matters of an administrative or technical nature. All changes to the Annex on Chemicals shall be made in 
accordance with paragraph 5. Sections A and C of the Confidentiality Annex, Part X of the Verification 
Annex,  and  those  definitions  in  Part  I  of  the  Verification  Annex  which  relate  exclusively  to  challenge 
inspections, shall not be subject to changes in accordance with paragraph 5. 

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 evaluation of the proposal may be provided by 
any State Party and the Director-General. The Director-General shall promptly communicate any such 
proposals and information to all States Parties, the Executive Council and the Depositary; 

(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 this Convention and its implementation 
and shall communicate any such information to all States Parties and the Executive Council; 

(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 paragraph 4. Not later than 90 days after 
its receipt, the Executive Council shall notify its recommendation, with appropriate explanations, to 
all States Parties for consideration. States Parties shall acknowledge receipt within 10 days; 

(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  within  90  days  after  receipt  of  the 
recommendation.  If  the  Executive  Council  recommends  that  the  proposal  be  rejected,  it  shall  be 
considered  rejected  if  no  State  Party  objects  to  the  rejection  within  90  days  after  receipt  of  the 
recommendation; 

(e)  If  a  recommendation  of  the  Executive  Council  does  not  meet  with  the  acceptance  required 
under sub-paragraph (d), a decision on the proposal, including whether it fulfils the requirements of 
paragraph 4, shall be taken as a matter of substance by the Conference at its next session; 

(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 approval unless another time period is 
recommended by the Executive Council or decided by the Conference. 

43 

 
 
 
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, related to the subject-matter of this Convention, have 
jeopardized  the  supreme  interests  of  its  country.  It  shall  give  notice  of  such  withdrawal  90  days  in 
advance to all other States Parties, the Executive Council, the Depositary and the United Nations Security 
Council. Such notice shall include a statement of the extraordinary events it regards as having jeopardized 
its supreme interests. 

3. The withdrawal of a State Party from this Convention shall not in any way affect the duty of States 
to continue fulfilling the obligations assumed under any relevant rules of international law, particularly 
the Geneva Protocol of 1925. 

ARTICLE XVII 

STATUS OF THE ANNEXES 

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

Annexes. 

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

ARTICLE XVIII 

SIGNATURE 

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 after its opening for signature. 

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 the 30th day following the date of deposit of their 
instrument of ratification or accession. 

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 object and purpose. 

44 

 
 
 
 
 
 
 
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  date  of  the  entry  into  force  of  this 
Convention, and of the receipt of other notices; 

(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 of the United Nations. 

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

Convention. 

Done at Paris on the thirteenth day of January, one thousand nine hundred and ninety-three. 

45 

 
 
 
 
ANNEX ON CHEMICALS 

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 Convention because one or more of the following 
conditions are met: 

(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 properties; 

(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 stage takes place in facilities, in 
munitions or elsewhere; 

(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 or to a chemical listed in Schedule 2, part A, should 
be included in Schedule 2: 

(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 properties that could enable it to be used as a 
chemical weapon; 

(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 1or Schedule 2, part A; 

(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 Schedule 3: 

(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 properties that might enable it to be used as a 
chemical weapon; 

(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 Schedule 2, part B; 

(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 application of verification measures according 
to the provisions of the Verification Annex. Pursuant to Article II, sub-paragraph 1(a), these Schedules do 
not constitute a definition of chemical weapons. 

46 

 
(Whenever reference is made to groups of dialkylated chemicals, followed by a list of alkyl groups in 
parentheses, all chemicals possible by all possible combinations of alkyl groups listed in the parentheses 
are considered as listed in the respective Schedule as long as they are not explicitly exempted. A chemical 
marked  “*”  on  Schedule  2,  part  A,  is  subject  to  special  thresholds  for  declaration  and  verification,  as 
specified in Part VII of the Verification Annex.) 

Schedule 1 

(CAS registry number) 

A. Toxic chemicals: 

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

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

  e.g. Sarin: O-Isopropyl methylphosphonofluoridate 
Soman: O-Pinacolyl methylphosphonofluoridate 

(107-44-8) 
(96-64-0) 

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

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

  e.g. Tabun: 0-Ethyl N,N-dimethyl 
Phosphoramidocyanidate 

(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 

(4)  Sulfur mustards: 

  2-Chloroethylchloromethylsulfide 
  Mustard gas: Bis(2-chloroethyl) sulfide 
  Bis(2-chloroethylthio) methane 
  Sesquimustard: 1,2-Bis (2-chloroethylthio) ethane 
  1,3-Bis(2-chloroethylthio)-n-propane 
  1,4-Bis(2-chloroethylthio)-n-butane 
  1,5-Bis(2-chloroethylthio)-n-pentane 
  Bis(2-chloroethylthiomethyl)ether 
  O-Mustard: Bis(2-chloroethylthioethyl)ether 

(5)  Lewisites: 

  Lewisites 1: 2-Chlorovinyldichloroarsine 
  Lewisites 2: Bis(2-chlorovinyl)chloroarsine 
  Lewisites 3: Tris(2-chlorovinyl)arsine 

(6)  Nitrogen mustards: 

  HN 1: Bis(2-chloroethyl)ethylamine 
  HN 2: Bis(2-chloroethyl)methylamine 
  HN 3: Tris(2-chloroethy1)amine 

(7)  Saxitoxin 

(8)  Rich 

47 

(77-81-6) 

(50782-69-9) 

(2625-76-5) 
(505-60-2) 
(63869-13-6) 
(3563-36-8) 
(63905-10-2) 
(142868-93-7) 
(142868-94-8) 
(63918-90-1) 
(63918-89-8) 

(541-25-3) 
(40334-69-8) 
(40334-70-1) 

(538-07-8) 
(51-75-2) 
(555-77-1) 

(35523-89-8) 

(9009-86-3) 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1[(13)  Р-alkyl (H or ≤C10, incl. cycloalkyl) N-(1-(dialkyl(≤C10, incl. 

cycloalkyl)amino))alkylidene(H or ≤C10, incl. cycloalkyl) 
phosphonamidic fluorides and corresponding alkylated or 
protonated salts  
e.g. N-(1-(di-n-decylamino)-n-decylidene)-P-
decylphosphonamidic fluoride  
Methyl-(1-(diethylamino)ethylidene)phosphonamidofluoridate 

(14)  O-alkyl (H or ≤C10, incl. cycloalkyl) N-(1-(dialkyl(≤C10, incl. 
cycloalkyl)amino))alkylidene(H or ≤C10, incl. cycloalkyl) 
phosphoramidofluoridates  and  corresponding  alkylated  or 
protonated salts 
e.g. O-n-Decyl N-(1-(di-n-decylamino)-n-decylidene) 
phosphoramidofluoridate 
Methyl (1-(diethylamino)ethylidene)phosphoramidofluoridate 
Ethyl (1-(diethylamino)ethylidene)phosphoramidofluoridate  

(15)  Methyl-(bis(diethylamino)methylene)phosphonamidofluoridate 
(16)  Carbamates (quaternaries and bisquaternaries of 

dimethylcarbamoyloxypyridines) Quaternaries of 
dimethylcarbamoyloxypyridines: 
1-[N,N-dialkyl(≤C10)-N-(n-(hydroxyl, cyano, 
acetoxy)alkyl(≤C10)) 
ammonio]-n-[N-(3-dimethylcarbamoxy-α-picolinyl)-N,N-
dialkyl(≤C10) ammonio]decanedibromide (n=1-8) 

(2387495-99-8) 
(2387496-12-8) 

(2387496-00-4) 
(2387496-04-8) 
(2387496-06-0) 
(2387496-14-0) 

(2387496-14-0) 

e.g.1-[N,N-dimethyl-N-(2-hydroxy)ethylammonio]-10-[N-(3-dimethyl 
carbamoxy-α-picolinyl)-N, N-dimethylammonio]decanedibromide 

(77104-62-2) 

Bisquaternaries of dimethylcarbamoyloxypyridines: 
1,n-Bis[N-(3-dimethylcarbamoxy-α-picolyl)-N,N-dialkyl(≤C10) 
ammonio]-alkane-(2,(n-1)- dione) dibromide (n=2-12) 

(77104-00-8)] 

e.g. 1,10-Bis[N-(3-dimethylcarbamoxy-α-picolyl)-N-ethyl-N- 
methylammonio] decane-2,9- dionedibromide 

1. Inserted by vide notification No S.O. 1459(E) (w.e.f. 7-6-2020). 

48 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
B. Precursors: 

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

  e.g. DF: Methylphosphonyldifluoride 

(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 

(11)  Chlorosarin: O-Isopropyl methylphosphonochloridate 

(12)  Chlorosoman: O-Pinacolyl methylphosphonochloridate 

A. Toxic chemicals: 

Schedule 2 

(1)  Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl] 

Phosphorothiolate 
and corresponding alkylated or protonated salts 

(2) 

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

(3)  BZ: 3-Quinuclidinyl benzilate (*) 

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 further carbon atoms, 

e.g. Methylphosphonyl dichloride 
Dimethyl methylphosphonate 

Exemption: Fonofos: O-Ethyl S-phenyl 

ethylphosphonothiolothionate 

(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 

(8) 

2,2-Diphenyl-2-hydroxyacetic acid 

(9)  Quinuclidin-3-ol 

(10)  N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyle-2-chlorides 

and corresponding protonated salts 

(11)  N,N-Dialkyl (Me, Et, n-Pr or i-Pr) amhoethane-2-ols 

and corresponding protonated salts 

Exemptions: N,N-Dimethylaminoethanol 

and corresponding protonated salts 
N,N-Diethylaminoethanol 
and corresponding protonated salts 

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

and corresponding protonated salts 

(13)  Thiodiglycol: Bis(2-hydroxyethyl)sulfide 

(14)  Pinacolyl alcohol: 3,3-Dimethylbutan-2-ol 

49 

(676-99-3) 

(57856-11-8) 

(1445-76-7) 

(7040-57-5) 

(78-53-5) 

(382-2 1-8) 

(6581-06-2) 

(676-97-1) 
(756-79-6) 

(944-22-9) 

(7784-34-1) 

(76-93-7) 

(1619-34-7) 

(108-01-0) 

(100-37-8) 

(111-48-8) 

(464-07-3) 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
A. Toxic chemicals: 

Schedule 3 

(1) 

Phosgene: Carbonyl dichloride 

(2)  Cyanogen chloride 

(3)  Hydrogen cyanide 

(4)  Chloropicrin: Trichloronitromethane 

B. Precursors: 

(5) 

(6) 

(7) 

(8) 

(9) 

Phosphorus oxychloride 

Phosphorus trichloride 

Phosphorus pentachloride 

Trimethyl phosphite 

Triethyl phosphite 

(10)  Dimethyl phosphite 

(11)  Diethyl phosphite 

(12)  Sulfur monochloride 

(13)  Sulfur dichloride 

(14)  Thionyl chloride 

(15)  Ethyldiethanolamine 

(16)  Methyldiethanolamine 

(17)  Triethanolamine 

(75-44-5) 

(506-77-4) 

(74-90-8) 

(76-06-2) 

(10025-87-3) 

(7719-12-2) 

(10026-13-8) 

(121-45-9) 

(122-52-1) 

(868-85-9) 

(762-04-9) 

(10025-67-9) 

(10545-99-0) 

(7719-09-7) 

(139-87-7) 

(105-59-9) 

(102-71-6). 

50 

 
 
 
 
ANNEX ON IMPLEMENTATION AND VERIFICATION 
(“VERIFICATION ANNEX”) 

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  Technical  Secretariat  in  accordance  with 
regulations prepared by the Technical Secretariat pursuant to Part II, paragraph 27 of this Annex. Such 
equipment may also refer to the administrative supplies or recording materials that would be used by the 
inspection team. 

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  filling  activities  not 
prohibited under this Convention. 

(b)  “Standard  Building”  means  any  building,  including  underground  structures,  constructed  to 
prevailing  industry  standards  for  facilities  not  producing  any  chemical  specified  in  Article  II, 
paragraph 8 (a) (i), or corrosive chemicals. 

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 Party requested by another State Party pursuant to 
Article IX, paragraphs 8 to 25. 

4. “Discrete Organic Chemical” means any chemical belonging to the class of chemical compounds 
consisting of all compounds of carbon except for its oxides, sulfides and metal carbonates, identifiable by 
chemical name, by structural formula, if known, and by Chemical Abstracts Service registry number, if 
assigned. 

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 transfer in the final technological 
stage, such as in reactors or in product separation, as well as any other equipment which has been 
in contact with any chemical specified in Article II, paragraph 8 (a) (i), or would be in contact 
with such a chemical if the facility were operated; 

(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  facility  constructed  according  to 
prevailing  commercial  industry  standards  for  facilities  not  producing  any  chemical  specified  in 
Article  II,  paragraph  8  (a)  (i),  or  corrosive  chemicals,  such  as:  equipment  made  of  high-nickel 
alloys  or  other  special  corrosion-resistant  material;  special  equipment  for  waste  control,  waste 
treatment,  air  filtering,  or  solvent  recovery;  special  containment  enclosures  and  safety  shields; 
non-standard  laboratory  equipment  used  to  analyse  toxic  chemicals  for  chemical  weapons 
purposes; custom-designed process control panels; or dedicated spares for specialized equipment. 

(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; 

51 

 
 
 
(ii)  Other  equipment  commonly  used  in  the  chemical  industry,  such  as:  fire-fighting 
equipment;  guard  and  security/safety  surveillance  equipment;  medical  facilities,  laboratory 
facilities; or communications equipment. 

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  operational  control,  and  includes  common 
infrastructure, such as: 

(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 associated infrastructure, such as: 

(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 appropriate. 

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

7.  “Facility  Agreement”  means  an  agreement  or  arrangement  between  a  State  Party  and  the 
Organization relating to a specific facility subject to on-site verification pursuant to Articles IV, V and VI. 

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 this Convention. 

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  the  inspection  team  during  the  in-country 
period. 

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  Convention  takes  place,  or  the  State  Party  whose 
facility  or  area  on  the  territory  of  a  Host  State  is  subject  to  such  an  inspection;  it  does  not,  however, 
include the State Party specified in Part II, paragraph 21 of this Annex. 

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 an inspection or visit, such as medical, security and 
administrative personnel and interpreters. 

52 

 
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  inspection  request  or  mandate  or  inspection 
request as expanded by the alternative or final perimeter. 

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 
procedures  as  set  forth  in  Part  II,  Section  A,  of  this  Annex,  to  carry  out  an  inspection  or  visit  in 
accordance with this Convention. 

19. “Model Agreement” means a document specifying the general form and content for an agreement 
concluded between a State Party and the Organization for fulfilling the verification provisions specified in 
this Annex. 

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 map: 

(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  conform  to  the  requirements  specified  in 
Part X, paragraph 17, of this Annex; 

(c) “Final Perimeter” means the final inspection site perimeter as agreed in negotiations between 
the inspection team and the inspected State Party, in accordance with Part X, paragraphs 16 to 21, of 
this Annex; 

(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 until its departure from the inspection site, exclusive of 
time spent on briefings before and after the verification activities. 

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 its departure from the inspection site, exclusive of 
time spent on briefings before and after the verification activities. 

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  for  their  departure  after  completion  of 
their mission. 

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. 

53 

 
 
 
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,  nationalities  and  ranks  of  the  inspectors  and 
inspection  assistants  proposed  for  designation,  as  well  as  a  description  of  their  qualifications  and 
professional experiences. 

2.  Each  State  Party  shall  immediately  acknowledge  receipt  of  the  list  of  inspectors  and  inspection 
assistants,  proposed  for  designation  communicated  to  it.  The  State  Party  shall  inform  the  Technical 
Secretariat in writing of its acceptance of each inspector and inspection assistant, not later than 30 days 
after acknowledgement of receipt of the list. Any inspector and inspection assistant included in this list 
shall  be  regarded  as  designated  unless  a  State  Party,  not  later  than  30  days  after  acknowledgement  of 
receipt of the list, declares its non-acceptance in writing. The State Party may include the reason for the 
objection. 

In  the  case  of non-acceptance, the  proposed inspector  or  inspection  assistant  shall  not  undertake  or 
participate in verification activities on the territory or in any other place under the jurisdiction or control 
of the State Party which has declared its non-acceptance. The Technical Secretariat shall, as necessary, 
submit further proposals in addition to the original list. 

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 designated. It shall notify the Technical Secretariat 
of its objection in writing and may include the reason for the objection. Such objection shall come into 
effect  30  days  after  receipt  by  the  Technical  Secretariat.  The  Technical  Secretariat  shall  immediately 
inform  the  State  Party  concerned  of  the  withdrawal  of  the  designation  of  the  inspector  or  inspection 
assistant. 

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 inspectors or inspection assistants named in the 
inspection team list. 

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  appropriate  numbers  of  inspectors  and  inspection 
assistants. 

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  of  inspectors  or  inspection  assistants  or 
otherwise hampers the effective fulfilment of the tasks of the Technical Secretariat, the Director-General 
shall refer the issue to the Executive Council. 

8.  Whenever  amendments  to  the  above-mentioned  lists  of  inspectors  and  inspection  assistants  are 
necessary or requested, replacement inspectors and inspection assistants shall be designated in the same 
manner as set forth with respect to the initial list. 

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 designated in accordance with the procedures set forth in 
this Annex as applied both to the inspected State Party and the Host State Party. 

B. PRIVILEGES AND IMMUNITIES 

10.  Each  State  Party  shall,  not  later  than  30  days  after  acknowledgment  of  receipt  of  the  list  of 
inspectors and inspection assistants or of changes thereto, provide multiple entry/exit and/or transit visas 
and other such documents to enable each inspector or inspection assistant to enter and to remain on the 
territory of that State Party for the purpose of carrying out inspection activities. These documents shall be 
valid for at least two years after their provision to the Technical Secretariat. 

11.  To  exercise  their  functions  effectively,  inspectors  and  inspection  assistants  shall  be  accorded 
privileges  and  immunities  as  set  forth  in  sub-paragraphs  (a)  to  (i).  Privileges  and  immunities  shall  be 
granted to members of the inspection team for the sake of this Convention and not for the personal benefit 

54 

 
of  the  individuals  themselves.  Such  privileges  and  immunities  shall  be  accorded  to  them  for  the  entire 
period between arrival on and departure from the territory of the inspected State Party or Host State, and 
thereafter with respect to acts previously performed in the exercise of their official functions: 

(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 Diplomatic Relations of 18 April, 1961; 

(b)  The  living  quarters  and  office  premises  occupied  by  the  inspection  team  carrying  out 
inspection  activities  pursuant  to  this  Convention  shall  be  accorded  the  inviolability  and  protection 
accorded  to  the  premises  of  diplomatic  agents  pursuant  to  Article  30,  paragraph  1,  of  the  Vienna 
Convention on Diplomatic Relations. 

(c)  The  papers  and  correspondence,  including  records,  of  the  inspection  team  shall  enjoy  the 
inviolability accorded to all papers and correspondence of diplomatic agents pursuant to Article 30, 
paragraph 2, of the Vienna Convention on Diplomatic Relations. The inspection team shall have the 
right to use codes for their communications with the Technical Secretariat. 

(d)  Samples  and  approved  equipment  carried  by  members  of  the  inspection  team  shall  be 
inviolable  subject  to  provisions  contained  in  this  Convention  and  exempt  from  all  customs  duties. 
Hazardous samples shall be transported in accordance with relevant regulations. 

(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  Vienna  Convention  on  Diplomatic 
Relations. 

(f)  The  members  of  the  inspection  team  carrying  out  prescribed  activities  pursuant  to  this 
Convention  shall  be  accorded  the  exemption  from  dues  and  taxes  accorded  to  diplomatic  agents 
pursuant to Article 34 of the Vienna Convention on Diplomatic Relations. 

(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 customs duties or related charges, 
articles for personal use, with the exception of articles the import or export of which is prohibited by 
law or controlled by quarantine regulations. 

(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 temporary official missions. 

(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 Party or the Host State. 

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  diplomatic  agents  pursuant  to  Article  40, 
paragraph 1, of the Vienna Convention on Diplomatic Relations. Papers and correspondence, including 
records,  and  samples  and  approved  equipment,  carried  by  them,  shall  be  accorded  the  privileges  and 
immunities set forth in paragraph 11 (c) and (d). 

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 inspected State Party or Host State and, to the extent 
that is consistent with the inspection mandate, shall be obliged not to interfere in the internal affairs of 
that  State.  If  the  inspected  State  Party  or  Host  State  Party  considers  that  there  has  been  an  abuse  of 
privileges and immunities specified in this Annex, consultations shall be held between the State Party and 
the Director-General to determine whether such an abuse has occurred and, if so determined, to prevent a 
repetition of such an abuse. 

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 opinion that immunity would impede 
the course of justice and that it can be waived without prejudice to the implementation of the provisions 
of this Convention. Waiver must always be express. 

15. Observers shall be accorded the same privileges and immunities accorded to inspectors pursuant 

to this section, except for those accorded pursuant to paragraph 11 (d). 

55 

 
 
 
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 this Convention enters into force for it. These points 
of  entry  shall  be  such  that  the  inspection  team  can  reach  any  inspection  site  from  at  least  one  point  of 
entry within 12 hours. Locations of points of entry shall be provided to all States Parties by the Technical 
Secretariat. 

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  the  Technical  Secretariat  receives  such 
notification to allow appropriate notification to all States Parties. 

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 entry proposed by a State Party would hamper such 
timely conduct of inspections, it shall enter into consultations with the State Party concerned to resolve 
the problem. 

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  entry  to  the  facilities  or  areas  subject  to  inspection 
requires  transit  through  the  territory  of  another  State  Party,  the  inspected  State  Party  shall  exercise  the 
rights  and  fulfill  the  obligations  concerning  such  inspections  in  accordance  with  this  Annex.  The  Host 
State  Party  shall  facilitate the  inspection  of  those  facilities  or  areas and  shall  provide  for the  necessary 
support to enable the inspection team to carry out its tasks in a timely and effective manner. States Parties 
through whose territory transit is required to inspect facilities or areas of an inspected State Party shall 
facilitate such transit. 

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  Party  shall  take  all  necessary  measures  to  ensure  that 
inspections of those facilities or areas can be carried out in accordance with the provisions of this Annex. 
A  State  Party  that  has  one  or  more  facilities  or  areas  on  the  territory  of  a  State  not  Party  to  this 
Convention  shall  take  all  necessary  measures  to  ensure  acceptance  by  the  Host  State  of  inspectors  and 
inspection assistants designated to that State Party. If an inspected State Party is unable to ensure access, 
it shall demonstrate that it took all necessary measures to ensure access. 

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 control  of  a  State  not  Party  to  this  Convention,  the  State 
Party shall take all necessary measures as would be required of an inspected State Party and a Host State 
Party  to  ensure  that  inspections  of  such  facilities  or  areas  can  be  carried  out  in  accordance  with  the 
provisions of this Annex. If the State Party is unable to ensure access to those facilities or areas, it shall 
demonstrate that it took all necessary measures to ensure access. This paragraph shall not apply where the 
facilities or areas sought to be inspected are those of the State Party. 

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 team may need to utilize aircraft owned or chartered 
by  the  Technical  Secretariat.  Not  later  than  30  days  after  this  Convention  enters  into  force  for  it,  each 
State  Party  shall  inform  the  Technical  Secretariat  of  the  standing  diplomatic  clearance  number  for                 
non-scheduled aircraft transporting inspection teams and equipment necessary for inspection into and out 
of the territory in which an inspection site is located. Aircraft routings to and from the designated point of 
entry shall be along established international airways that are agreed upon between the States Parties and 
the Technical Secretariat as the basis for such diplomatic clearance. 

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, for the aircraft’s flight from the last airfield prior 
to entering the airspace of the State in which the inspection site is located to the point of entry, not less 
than  six  hours  before  the  scheduled  departure  time  from  that  airfield.  Such  a  plan  shall  be  filed  in 
accordance  with  the  procedures  of  the  International  Civil  Aviation  Organization  applicable  to  civil 
aircraft. For its owned or chartered flights, the Technical Secretariat shall include in the remarks section 
of each flight plan the standing diplomatic clearance number and the appropriate notation identifying the 
aircraft as an inspection aircraft. 

56 

 
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 the inspection is to take place, the inspected 
State Party or Host State Party shall ensure that the flight plan filed in accordance with paragraph 23 is 
approved so that the inspection team may arrive at the point of entry by the estimated arrival time. 

25. The inspected State Party shall provide parking, security protection, servicing and fuel as required 
by the Technical Secretariat for the aircraft of the inspection team at the point of entry when such aircraft 
is  owned  or  chartered  by  the  Technical  Secretariat.  Such  aircraft  shall  not  be  liable  for  landing  fees, 
departure  tax,  and  similar  charges.  The  Technical  Secretariat  shall  bear  the  cost  of  such  fuel,  security 
protection and servicing. 

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 to the extent necessary for the performance of 
interviewing  and  other  tasks,  transportation,  working  space,  lodging,  meals  and  medical  care.  In  this 
regard, the inspected State Party shall be reimbursed by the Organization for such costs incurred by the 
inspection team. 

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, approved in accordance with paragraph 28, which 
the  Technical  Secretariat  has  determined  to  be  necessary  to  fulfil  the  inspection  requirements.  The 
Technical Secretariat shall prepare and, as appropriate, update a list of approved equipment, which may 
be needed for the purposes described above, and regulations governing such equipment which shall be in 
accordance  with  this  Annex.  In  establishing  the  list  of  approved  equipment  and  these  regulations,  the 
Technical  Secretariat  shall  ensure  that safety  considerations  for  all the types  of  facilities at  which such 
equipment  is  likely  to  be  used,  are  taken  fully  into  account.  A  list  of  approved  equipment  shall  be 
considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i). 

28. The equipment shall be in the custody of the Technical Secretariat and be designated, calibrated 
and approved by the Technical Secretariat. The Technical Secretariat shall, to the extent possible, select 
that equipment which is specifically designed for the specific kind of inspection required. Designated and 
approved equipment shall be specifically protected against unauthorized alteration. 

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 members at the point of entry, i.e., to check the 
identity of the equipment brought in or removed from the territory of the inspected State Party or the Host 
State.  To  facilitate  such  identification,  the  Technical  Secretariat  shall  attach  documents  and  devices  to 
authenticate  its  designation  and  approval  of  the  equipment.  The  inspection  of  the  equipment  shall  also 
ascertain to the satisfaction of the inspected State Party that the equipment meets the description of the 
approved  equipment  for  the  particular  type  of  inspection.  The  inspected  State  Party  may  exclude 
equipment  not  meeting  that  description  or  equipment  without  the  above-mentioned  authentication 
documents and devices. Procedures for the inspection of equipment shall be considered and approved by 
the Conference pursuant to Article VIII, paragraph 21 (i). 

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  inspected  State  Party  to  enable  the  team  to  use 
such equipment, the inspected State Party shall comply with the request to the extent it can. 

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-frames, where specified, of its intention to carry out an 
inspection. 

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; 

57 

 
(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  than  one  hour  after  receipt  of  such 
notification. 

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 notified in accordance with paragraphs 31 and 32. 

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 territory and shall through an in-country escort 
or by other means do everything in its power to ensure the safe conduct of the inspection team and its 
equipment and supplies, from its point of entry to the inspection site(s) and to a point of exit. 

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 the arrival at the point of entry. 

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  the  aid  of  maps  and  other  documentation  as 
appropriate, on the facility, the activities carried out there, safety measures and administrative and logistic 
arrangements  necessary  for  the  inspection.  The  time  spent  for  the  briefing  shall  be  limited  to  the 
minimum necessary and in any event not exceed three hours. 

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 Director-General and facility agreements 
concluded between States Parties and the Organization. 

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 inconvenience to the inspected State Party or Host State 
and disturbance to the facility or area inspected. The inspection team shall avoid unnecessarily hampering 
or delaying the operation of a facility and avoid affecting its safety. In particular, the inspection team shall 
not operate any facility. If inspectors consider that, to fulfil their mandate, particular operations should be 
carried out in a facility, they shall request the designated representative of the inspected facility to have 
them performed. The representative shall carry out the request to the extent possible. 

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  State  Party  so  requests,  be  accompanied  by 
representatives  of  the  inspected  State  Party,  but  the  inspection  team  must  not  thereby  be  delayed  or 
otherwise hindered in the exercise of its functions. 

42.  Detailed  procedures  for  the  conduct  of  inspections  shall  be  developed  for  inclusion  in  the 
inspection  manual  by  the  Technical  Secretariat,  taking  into  account  guidelines  to  be  considered  and 
approved by the Conference pursuant to Article VIII, paragraph 21 (i). 

Safety 

43. In carrying out their activities, inspectors and inspection assistants shall observe safety regulations 
established at the inspection site, including those for the protection of controlled environments within a 
facility and for personal safety. In order to implement these requirements, appropriate detailed procedures 
shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i). 

58 

 
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  may  use  their  own,  duly  certified, 
approved equipment and may request that the inspected State Party or Host State Party provide them with 
access  to  other  telecommunications.  The  inspection  team  shall  have  the  right  to  use  its  own  two-way 
system  of  radio  communications  between  personnel  patrolling  the  perimeter  and  other  members  of  the 
inspection team. 

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 forth in the inspection manual, have the 
right  to  unimpeded  access  to  the  inspection  site.  The  items  to  be  inspected  will  be  chosen  by  the 
inspectors. 

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  establishing  relevant  facts.  Inspectors 
shall  only  request  information  and  data  which  are  necessary  for  the  conduct  of  the  inspection,  and  the 
inspected State Party shall furnish such information upon request. The inspected State Party shall have the 
right to object to questions posed to the facility personnel if those questions are deemed not relevant to the 
inspection.  If  the  head  of  the  inspection  team  objects  and  states  their  relevance,  the  questions  shall  be 
provided in writing to the inspected State Party for reply. The inspection team may note any refusal to 
permit  interviews  or  to  allow  questions  to  be  answered  and  any  explanations  given,  in  that  part  of  the 
inspection report that deals with the cooperation of the inspected State Party. 

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 capability to take instant development photographic 
prints  shall  be  available.  The  inspection  team  shall  determine  whether  photographs  conform  to  those 
requested and, if not, repeat photographs shall be taken. The inspection team and the inspected State Party 
shall each retain one copy of every photograph. 

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 promptly through the representative of the inspected 
State Party. The representative of the inspected State Party shall provide the inspection team, during the 
inspection, with such clarification as may be necessary to remove the ambiguity. If questions relating to 
an object or a building located within the inspection site are not resolved, the object or building shall, if 
requested, be photographed for the purpose of clarifying its nature and function. If the ambiguity cannot 
be removed during the inspection, the inspectors shall notify the Technical Secretariat immediately. The 
inspectors shall include in the inspection report any such unresolved question, relevant clarifications, and 
a copy of any photographs taken. 

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  inspectors.  If  so  agreed  in  advance  with  the 
representatives  of  the  inspected  State  Party  or  of  the  inspected  facility,  the  inspection  team  may  take 
samples itself. 

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  approved  equipment  brought  by  it.  At  the 
request  of  the  inspection  team,  the  inspected  State  Party  shall,  in  accordance  with  agreed  procedures, 
provide assistance for the analysis of samples on-site. Alternatively, the inspection team may request that 
appropriate analysis on-site be performed in its presence. 

59 

 
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  of  samples  transferred  for  analysis                
off-site  is  protected.  The  Director-General  shall  do  so  in  accordance  with  procedures,  to  be  considered 
and approved by the Conference pursuant to Article VIII, paragraph 21(i), for inclusion in the inspection 
manual. He shall: 

(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  control  and  overall  standards  in 
relation to the certification of these laboratories, mobile equipment and procedures; and 

(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  expeditious  processing  of  the  analysis.  The 
samples shall be accounted for by the Technical Secretariat and any unused samples or portions thereof 
shall be returned to the Technical Secretariat. 

58. The Technical Secretariat shall compile the results of the laboratory analysis of samples relevant 
to  compliance  with  this  Convention  and  include  them  in  the  final  inspection  report.  The  Technical 
Secretariat  shall  include  in  the  report  detailed  information  concerning  the  equipment  and  methodology 
employed by the designated laboratories. 

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  inspection  site  to  review  the  preliminary 
findings of the inspection team and to clarify any ambiguities. The inspection team shall provide to the 
representatives  of  the  inspected  State  Party  its  preliminary  findings  in  written  form  according  to  a 
standardized  format,  together  with  a  list  of  any  samples  and  copies  of  written  information  and  data 
gathered  and  other  material  to  be  taken  off-site.  The  document  shall  be  signed  by  the  head  of  the 
inspection  team.  In  order  to  indicate  that  he  has  taken  notice  of  the  contents  of  the  document,  the 
representative  of  the  inspected  State  Party  shall  countersign  the  document.  This  meeting  shall  be 
completed not later than 24 hours after the completion of the inspection. 

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 Host State. 

F. DEPARTURE 

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. It shall only contain facts relevant to compliance 
with  this  Convention,  as  provided  for  under  the  inspection  mandate.  The  report  shall  also  provide 
information  as  to  the  manner  in  which  the  State  Party  inspected  cooperated  with  the  inspection  team. 
Differing  observations  made  by  inspectors  may  be  attached  to  the  report.  The  report  shall  be  kept 
confidential. 

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 its findings shall be annexed to it. 

60 

 
The final report together with annexed comments made by the inspected State Party shall be submitted to 
the Director-General not later than 30 days after the inspection. 

64. Should the report contain uncertainties, or should cooperation between the National Authority and 
the  inspectors  not  measure  up  to  the  standards  required,  the  Director-General  shall  approach  the  State 
Party for clarification. 

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 met, the Director-General shall inform the 
Executive Council without delay. 

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  provisions  set  forth  for  specific  types  of 
inspections in Parts III to XI of this Annex, in which case the latter provisions shall take precedence. 

61 

 
 
 
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 facility is declared. The purpose of this inspection of 
the facility  shall be to  verify  information  provided  and  to  obtain  any  additional information  needed for 
planning  future  verification  activities  at  the  facility,  including  on-site  inspections  and  continuous 
monitoring with on-site instruments, and to work on the facility agreements. 

2. States Parties shall ensure that the verification of declarations and the initiation of the systematic 
verification  measures  can  be  accomplished  by  the  Technical  Secretariat  at  all  facilities  within  the 
established time-frames after this Convention enters into force for them. 

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 IV, V, and VI, paragraph 3. 

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  declared  for the first  time,  except for  a  chemical 
weapons destruction facility to which paragraphs 5 to 7 shall apply. 

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, the facility agreement shall be completed not 
less than 180 days before the facility begins operation. 

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  not  later  than  one  year  thereafter,  the  facility 
agreement shall be completed not later than 210 days after this Convention enters into force for the State 
Party, except that the Executive Council may decide that transitional verification arrangements, approved 
in  accordance  with  Part  IV(A),  paragraph  51,  of  this  Annex  and  including  a  transitional  facility 
agreement, provisions for verification through on-site inspection and monitoring with on-site instruments, 
and the time-frame for application of the arrangements, are sufficient. 

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 State Party, the Executive Council may decide that 
transitional  verification  arrangements,  approved  in  accordance  with  Part  IV(A),  paragraph  51,  of  this 
Annex  and  including  a  transitional  facility  agreement,  provisions  for  verification  through  on-site 
inspection  and  monitoring  with  on-site  instruments,  and  the  time-frame  for  application  of  the 
arrangements, are sufficient. 

8.  Facility  agreements  shall  be  based  on  models  for  such  agreements  and  provide  for  detailed 
arrangements  which  shall  govern  inspections  at  each  facility.  The  model  agreements  shall  include 
provisions to take into account future technological developments and shall be considered and approved 
by the Conference pursuant to Article VIII, paragraph 21 (i). 

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 of subsequent inspections. 

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, in conformity with the relevant provisions in 
this Convention and the facility agreements between States Parties and the Organization. 

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  to  have  it  tested  in  the  presence  of 
representatives  of  the  inspected  State  Party.  The  inspection  team  shall  have  the  right  to  use  the 
instruments that were installed by the inspected State Party for its own monitoring of the technological 
process of the destruction of chemical weapons. To this end, the inspection team shall have the right to 
inspect those instruments that it intends to use for purposes of verification of the destruction of chemical 
weapons and to have them tested in its presence. 

62 

 
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, paragraph 21 (i). 

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  installed,  which  may  have  an  impact  on  the 
monitoring  system.  The  inspected  State  Party  shall  coordinate  subsequent  actions  with  the  Technical 
Secretariat  with  a  view  to  restoring  the  operation  of  the  monitoring  system  and  establishing  interim 
measures, if necessary, as soon as possible. 

15.  The  inspection  team  shall  verify  during  each  inspection  that  the  monitoring  system  functions 
correctly  and  that  emplaced  seals  have  not  been  tampered  with.  In  addition,  visits  to  service  the 
monitoring system may be required to perform any necessary maintenance or replacement of equipment, 
or to adjust the coverage of the monitoring system as required. 

16. If the monitoring system indicates any anomaly, the Technical Secretariat shall immediately take 
action to determine whether this resulted from equipment malfunction or activities at the facility. If, after 
this examination, the problem remains unresolved, the Technical Secretariat shall immediately ascertain 
the actual situation, including through immediate on-site inspection of, or visit to, the facility if necessary. 
The Technical Secretariat shall report any such problem immediately after its detection to the inspected 
State Party which shall assist in its resolution. 

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 the inspection team at the point of entry. 

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 at the point of entry. 

63 

 
 
 
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-paragraph (ii); 

(iv)  Chemicals  specifically  designed for use  directly  in  connection  with  the  employment  of 

munitions, sub-munitions, devices or equipment specified in sub-paragraph (ii). 

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 Schedule shall be provided, including the 
toxicity of the pure compound. For a precursor, the toxicity and identity of the principal final reaction 
product(s) shall be provided; 

(c)  Chemicals  shall  be  identified  by  chemical  name  in  accordance  with  current  International 
Union  of  Pure  and  Applied  Chemistry  (IUPAC)  nomenclature,  structural  formula  and  Chemical 
Abstracts  Service  registry  number,  if  assigned.  For  a  precursor,  the  toxicity  and  identity  of  the 
principal final reaction product(s) shall be provided; 

(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 be declared under the category of the 
most  toxic  chemical.  If  a  component  of  a  binary  chemical  weapon  consists  of  a  mixture  of  two  or 
more chemicals, each chemical shall be identified and the percentage of each provided; 

(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  16.  The  following 
supplementary information shall be provided for each type of binary chemical munition, device: 

(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  quantity  (in  tonnes)  of  the  key 
component  intended  for  a  specific  toxic  end-product  shall  be  considered  equivalent  to  the 

64 

 
quantity (in tonnes) of this toxic end-product calculated on a stoichiometric basis assuming 100 
per cent. yield; 

(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 form of storage the following shall be 
listed: 

(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  the  responsibility  of  the  State  Party  on  whose 
territory  the  chemical  weapons  are  located  to  make  appropriate  arrangements  with  the  other  State  to 
ensure  that  the  declarations  are  made.  If  the  State  Party  on  whose  territory  the  chemical  weapons  are 
located is not able to fulfil its obligations under this paragraph, it shall state the reasons therefor. 

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, paragraph 1 (a) (iv), provided the amount transferred or 
received exceeded 1 tonne per chemical per year in bulk and/or munition form. This declaration shall be 
made  according  to  the  inventory  format  specified  in  paragraphs  1  and  2.  This  declaration  shall  also 
indicate  the  supplier  and  recipient  countries,  the  dates  of  the  transfers  or  receipts  and,  as  precisely  as 
possible, the current location of the transferred items. When not all the specified information is available 
for transfers or receipts of chemical weapons for the period between 1 January 1946 and 1 January 1970, 
the State Party shall declare whatever information is still available to it and provide an explanation as to 
why it cannot submit a full declaration. 

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 chemical weapons destruction programme of the 
State  Party  and  information  on  the  efforts  of  the  State  Party  to  fulfil  the  destruction  requirements 
contained in this Convention. The plan shall specify: 

(a)  A  general  schedule  for  destruction,  giving  types  and  approximate  quantities  of  chemical 
weapons  planned  to  be  destroyed  in  each  annual  destruction  period  for  each  existing  chemical 
weapons destruction facility and, if possible, for each planned chemical weapons destruction facility; 

(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 

65 

 
(ii) The types  and  approximate  quantities  of  chemical  weapons,  and  the  type  (for  example, 

nerve agent or blister agent) and approximate quantity of chemical fill, to be destroyed; 

(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 facilities and shall prevent any movement of its 
chemical weapons out of the facilities, except their removal for destruction. 

8. A State Party shall ensure that chemical weapons at its storage facilities are configured to allow 

ready access for verification in accordance with paragraphs 37 to 49. 

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 continue at the facility standard maintenance 
activities, including standard maintenance of chemical weapons; safety monitoring and physical security 
activities; and preparation of chemical weapons for destruction. 

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  chemical  weapons,  and  which  in  an 
irreversible manner renders munitions and other devices unusable as such. 

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, land burial or open-pit burning. It shall destroy 
chemical weapons only at specifically designated and appropriately designed and equipped facilities. 

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 chemical weapons; and that the destruction process 
can be verified under the provisions of this Convention. 

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  systematic  on-site  verification.  It  takes  into 
account  interests  of  States  Parties  for  undiminished  security  during  the  destruction  period;  confidence-
building  in  the  early  part  of  the  destruction  stage;  gradual  acquisition  of  experience  in  the  course  of 
destroying  chemical  weapons;  and  applicability  irrespective  of  the  actual  composition  of  the  stockpiles 
and the methods chosen for the destruction of the chemical weapons. The order of destruction is based on 
the principle of levelling out. 

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; 

66 

 
Category  2:  Chemical  weapons  on  the  basis  of  all  other  chemicals  and  their  parts  and 

components; 

Category 3: Unfilled munitions and devices, and equipment specifically designed for use directly 

in connection with employment of chemical weapons. 

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  not  later  than  10  years  after 
entry into force of this Convention. A State Party shall destroy chemical weapons in accordance with 
the following destruction deadlines: 

(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 per cent. of the Category 1 chemical 
weapons shall be destroyed not later than three years after the entry into force of this Convention; 

(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 Convention; 

(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 Convention; 

(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 later than five years after the entry into 
force of this Convention. Category 2 chemical weapons shall be destroyed in equal annual increments 
throughout  the  destruction  period.  The  comparison  factor  for  such  weapons  is  the  weight  of  the 
chemicals within Category 2; and 

(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 not later than five years after the entry into 
force of this Convention. Category 3 chemical weapons shall be destroyed in equal annual increments 
throughout  the  destruction  period.  The  comparison  factor  for  unfilled  munitions  and  devices  is 
expressed in nominal fill volume (m3) and for equipment in number of items. 

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  considered  equivalent  to  the  quantity           
(in tonnes) of this toxic end-product calculated on a stoichiometric basis assuming 100 per cent. yield; 

(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, calculated from the actual weight ratio of 
the components in the relevant type of binary chemical munition device; 

(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  two  years  after  destruction 
operations begin; 

(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 actual weight ratio of the components in the 
relevant type of binary chemical munition device. 

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 accordance with paragraph 6, inter alia, to 
assess  their  conformity  with  the  order  of  destruction  set  forth  in  paragraphs  15  to  19.  The  Executive 
Council shall consult with any State Party whose plan does not conform, with the objective of bringing 
the plan into conformity. 

67 

 
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 2 or Phase 3 of the order of destruction of 
Category 1 chemical weapons, it may propose changes in those levels. Such a proposal must be made not 
later than 120 days after the entry into force of this Convention and shall contain a detailed explanation of 
the reasons for the proposal. 

22. Each State Party shall take all necessary measures to ensure destruction of Category 1 chemical 
weapons in accordance with the destruction deadlines set forth in paragraph 17(a) as changed pursuant to 
paragraph  21.  However,  if  a  State  Party  believes  that  it  will  be  unable  to  ensure  the  destruction  of  the 
percentage  of  Category  1  chemical  weapons  required  by  an  intermediate  destruction  deadline,  it  may 
request the Executive Council to recommend to the Conference to grant an extension of its obligation to 
meet  that  deadline.  Such  a  request  must  be  made  not  less  than  180  days  before  the  intermediate 
destruction deadline and shall contain a detailed explanation of the reasons for the request and the plans 
of  the  State  Party  for  ensuring  that  it  will  be  able  to  fulfil  its  obligation  to  meet  the  next  intermediate 
destruction deadline. 

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 destruction deadline. Extensions granted pursuant to this 
section shall not, in any way, modify the obligation of the State Party to destroy all Category 1 chemical 
weapons not later than 10 years after the entry into force of this Convention. 

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 force of this Convention, it may submit a request to 
the Executive Council for an extension of the deadline for completing the destruction of such chemical 
weapons.  Such  a  request  must  be  made  not  later  than  nine  years  after  the  entry  into  force  of  this 
Convention. 

25. The request shall contain: 

(a) The duration of the proposed 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 minimum necessary, but in no case 
shall  the  deadline  for  a  State  Party  to  complete  its  destruction  of  all  chemical  weapons  be  extended 
beyond 15 years after the entry into force of this Convention. The Executive Council shall set conditions 
for the granting of the extension, including the specific verification measures deemed necessary as well as 
specific actions to be taken by the State Party to overcome problems in its destruction programme. Costs 
of verification during the extension period shall be allocated in accordance with Article IV, paragraph 16. 

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 Category 1 chemical weapons in accordance with 
paragraph 36, until all Category 1 chemical weapons are destroyed. In addition, not later than at the end 
of  each  90  days  of  the  extension  period,  the  State  Party  shall  report  to  the  Executive  Council  on  its 
destruction activity. The Executive Council shall review progress towards completion of destruction and 
take  the  necessary  measures  to  document  this  progress.  All  information  concerning  the  destruction 
activities during the extension period shall be provided by the Executive Council to States Parties, upon 
request. 

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  pursuant  to  Article  IV,  paragraph  7(a),  and 
shall specify: 

(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 specific type of chemical weapon will be 
accomplished; 

68 

 
(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  or  modification  of  the  facility, 
installation of equipment, equipment check-out and operator training, destruction operations for each 
specific type of chemical weapon, and scheduled periods of inactivity. 

30.  A  State  Party  shall  provide,  for  each  of  its  chemical  weapons  destruction  facilities,  detailed 
facility information to assist the Technical Secretariat in developing preliminary inspection procedures for 
use at the facility. 

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 the munitions, devices, and containers; 
temporarily  storing  the  drained  chemical  fill;  destroying  the  chemical  agent;  and  destroying  the 
munitions, devices, and containers; 

(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  facility,  including  site  and  facility 
drawings  and  information  on  the  storage  capacity  for  each  specific  type  of  chemical  weapon  to  be 
destroyed at the facility; 

(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  laboratory  operations  and  quality  assurance  and 
control manuals, and the environmental permits that have been obtained, except that this shall not include 
material previously provided. 

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, paragraph 21(i). 

35.  After  a  review  of  the  detailed  facility  information  for  each  destruction  facility,  the  Technical 
Secretariat,  if  the  need  arises,  shall  enter  into  consultation  with  the  State  Party  concerned  in  order  to 
ensure that its chemical weapons destruction facilities are designed to assure the destruction of chemical 
weapons, to allow advanced planning on how verification measures may be applied and to ensure that the 
application  of  verification  measures  is  consistent  with  proper  facility  operation,  and  that  the  facility 
operation allows appropriate verification. 

69 

 
 
 
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, paragraph 7(b), not later than 60 days after 
the  end  of  each  annual  destruction  period  and  shall  specify  the  actual  amounts  of  chemical  weapons 
which were destroyed during the previous year at each destruction facility. If appropriate, reasons for not 
meeting destruction goals should be stated. 

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 made pursuant to Article III. 

38. The inspectors shall conduct this verification promptly after a declaration is submitted. They shall, 
inter alia, verify the quantity and identity of chemicals, types and number of munitions, devices and other 
equipment. 

39.  The  inspectors  shall  employ,  as  appropriate,  agreed  seals,  markers  or  other  inventory  control 

procedures to facilitate an accurate inventory of the chemical weapons at each storage facility. 

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  securing  of the storage  facility  during  the 
inventory. After completion of the inventory, such seals will be removed unless otherwise agreed. 

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 takes place. 

42. The systematic verification shall be initiated as soon as possible after the declaration of chemical 
weapons is submitted and shall continue until all chemical weapons have been removed from the storage 
facility. It shall in accordance with the facility agreement, combine on-site inspection and monitoring with 
on-site instruments. 

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  effect.  After  this  confirmation,  the 
Technical Secretariat shall terminate the systematic verification of the storage facility and shall promptly 
remove any monitoring instruments installed by the inspectors. 

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 the facility is to be inspected. The guidelines for 
determining  the  frequency  of  systematic  on-site  inspections  shall  be  elaborated  by  the  Technical 
Secretariat, taking into account the recommendations to be considered and approved by the Conference 
pursuant to Article VIII, paragraph 21(i). 

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 arrival of the inspection team at the facility for systematic 
inspections  or  visits.  In  cases  of  inspections  or  visits  to  resolve  urgent  problems,  this  period  may  be 
shortened. The Technical Secretariat shall specify the purpose of the inspection or visit. 

46. The inspected State Party shall make any necessary preparations for the arrival of the inspectors 
and  shall  ensure  their  expeditious  transportation  from  their  point  of  entry  to  the  storage  facility.  The 
facility agreement will specify administrative arrangements for inspectors. 

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 following data on the facility: 

(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 

70 

 
(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 not part of binary munitions, the actual 
quantity of chemical fill in each container. 

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 conducting their activity, inspectors shall comply 
with the safety regulations at the facility. The items to be inspected will be chosen by the inspectors; 
and 

(b)  Have  the  right,  during  the  first  and  any  subsequent  inspection  of  each  chemical  weapons 
storage facility, to designate munitions, devices, and containers from which samples are to be taken, 
and to affix to such munitions, devices, and containers a unique tag that will indicate an attempt to 
remove or alter the tag. A sample shall be taken from a tagged item at a chemical weapons storage 
facility or a chemical weapons destruction facility as soon as it is practically possible in accordance 
with  the  corresponding  destruction  programmes,  and,  in  any  case,  not  later  than  by  the  end  of  the 
destruction operations. 

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  verification  arrangements.  Such  arrangements, 
including  a  transitional  facility  agreement,  provisions  for  verification  through  on-site  inspection  and 
monitoring  with  on-site  instruments,  and  the  time-frame  for  application  of  the  arrangements,  shall  be 
agreed between the Organization and the inspected State Party. These arrangements shall be approved by 
the Executive Council not later than 60 days after this Convention enters into force for the State Party, 
taking  into  account  the  recommendations  of  the  Technical  Secretariat,  which  shall  be  based  on  an 
evaluation of the detailed facility information provided in accordance with paragraph 31 and a visit to the 
facility.  The  Executive  Council  shall,  at  its  first  session,  establish  the  guidelines  for  such  transitional 
verification arrangements, based on recommendations to be considered and approved by the Conference 
pursuant to Article VIII, paragraph 21(i). The transitional verification arrangements shall be designed to 
verify, throughout the entire transitional period, the destruction of chemical weapons in accordance with 
the purposes set forth in paragraph 50, and to avoid hampering ongoing destruction operations. 

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 into force of this Convention. 

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 Technical Secretariat shall prepare a draft plan for 
inspecting the destruction of chemical weapons at each destruction facility. The plan shall be completed 
and provided to the inspected State Party for comment not less than 270 days before the facility begins 
destruction  operations  pursuant  to  this  Convention.  Any  differences  between  the  Technical  Secretariat 
and the inspected State Party should be resolved through consultations. Any unresolved matter shall be 
forwarded  to  the  Executive  Council  for  appropriate  action  with  a  view  to  facilitating  the  full 
implementation of this Convention. 

71 

 
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  before  each  facility  begins  destruction 
operations  pursuant  to  this  Convention,  to  allow  it  to  familiarize  itself  with  the  facility  and  assess  the 
adequacy of the inspection plan. 

55.  In  the  case  of  an  existing  facility  where  chemical  weapons  destruction  operations  have  already 
been  initiated,  the  inspected  State  Party  shall  not  be  required  to  decontaminate  the  facility  before  the 
Technical Secretariat conducts an initial visit. The duration of the visit shall not exceed five days and the 
number of visiting personnel shall not exceed 15. 

56. The agreed detailed plans for verification, with an appropriate recommendation by the Technical 
Secretariat, shall be forwarded to the Executive Council for review. The Executive Council shall review 
the plans with a view to approving them, consistent with verification objectives and obligations under this 
Convention.  It  should  also  confirm  that  verification  schemes  for  destruction  are  consistent  with 
verification aims and are efficient and practical. This review should be completed not less than 180 days 
before the destruction period begins. 

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  are  no  objections  by  any  member  of  the 
Executive Council, the plan shall be put into action. 

58.  If  there  are  any  difficulties,  the  Executive  Council  shall  enter  into  consultations  with  the  State 

Party to reconcile them. If any difficulties remain unresolved they shall be referred to the Conference. 

59. The detailed facility agreements for chemical weapons destruction facilities shall specify, taking 

into account the specific characteristics of the destruction facility and its mode of operation: 

(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  to  this  Convention,  at  the  facility.  Such 
access shall be for the purpose of supervising the installation of the inspection equipment, inspecting this 
equipment and testing its operation, as well as for the purpose of carrying out a final engineering review 
of  the  facility.  In  the  case  of  an  existing  facility  where  chemical  weapons  destruction  operations  have 
already been initiated, destruction operations shall be stopped for the minimum amount of time required, 
not to exceed 60 days, for installation and testing of the inspection equipment. Depending on the results 
of the testing and review, the State Party and the Technical Secretariat may agree on additions or changes 
to the detailed facility agreement for the facility. 

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 the departure of each shipment of chemical 
weapons  from  a  chemical  weapons  storage  facility  to  that  destruction  facility.  This  notification  shall 
specify  the  name  of the  storage  facility,  the estimated times of departure and arrival, the specific types 
and quantities of chemical weapons being transported, whether any tagged items are being  moved, and 
the method of transportation. This notification may include notification of more than one shipment. The 
inspection team leader shall be promptly notified, in writing, of any changes in this information. 

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  verify  the  inventory  of  each  shipment,  using 
agreed  procedures  consistent  with  facility  safety  regulations,  prior  to  the  destruction  of  the  chemical 
weapons. They shall employ, as appropriate, agreed seals, markers or other inventory control procedures 
to facilitate an accurate inventory of the chemical weapons prior to destruction. 

63.  As  soon  and  as  long  as  chemical  weapons  are  stored  at  chemical  weapons  storage  facilities 
located  at  chemical  weapons  destruction  facilities, these storage  facilities shall be  subject to systematic 
verification in conformity with the relevant facility agreements. 

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  be  destroyed.  They  shall  verify  the 

72 

 
accuracy of the inventory of the chemical weapons remaining, employing inventory control procedures as 
referred to in paragraph 62. 

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 facilities located at such facilities during the entire 
active phase of destruction. 

66. At each chemical weapons destruction facility, to provide assurance that no chemical weapons are 
diverted  and  that  the  destruction  process  has  been  completed,  inspectors  shall  have  the  right  to  verify 
through their physical presence and monitoring with on-site instruments: 

(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 destruction facilities. 

68. To the extent that it meets inspection requirements, information from routine facility operations, 

with appropriate data authentication, shall be used for inspection purposes. 

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

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, including any munitions, devices, bulk 
containers, or other containers, therein. The items to be inspected shall be chosen by the inspectors in 
accordance  with  the  verification  plan  that  has  been  agreed  to  by  the  inspected  State  Party  and 
approved by the Executive Council; 

(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 facility thereat. 

73 

 
 
 
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 enters into force for it, submit to the Technical 
Secretariat all available relevant information, including, to the extent possible, the location, type, quantity 
and the present condition of these old chemical weapons. 

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 to Article III, paragraph 1 (b) (i), including, to 
the extent possible, the information specified in Part IV(A), paragraphs 1 to 3, of this Annex. 

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 specified in paragraph 3 not later than 180 days 
after the discovery of the old chemical weapons. 

5. The Technical Secretariat shall conduct an initial inspection, and any further inspections as may be 
necessary, in order to verify the information submitted pursuant to paragraphs 3 and 4 and in particular to 
determine  whether  the  chemical  weapons  meet  the  definition  of  old  chemical  weapons  as  specified  in 
Article  II,  paragraph  5.  Guidelines  to  determine  the  usability  of  chemical  weapons  produced  between 
1925 and 1946 shall be considered and approved by the Conference pursuant to Article VIII, paragraph 
21 (i). 

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),  as  toxic  waste.  It  shall  inform  the 
Technical  Secretariat  of  the  steps  being  taken  to  destroy  or  otherwise  dispose  of  such  old  chemical 
weapons as toxic waste in accordance with its national legislation. 

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  definition  in  Article  II,  paragraph  5  (b),  in 
accordance with Article IV and Part IV (A) of this Annex. Upon request of a State Party, the Executive 
Council may, however, modify the provisions on time-limit and order of destruction of these old chemical 
weapons, if it determines that doing so would not pose a risk to the object and purpose of this Convention. 
The request shall contain specific proposals for modification of the provisions and a detailed explanation 
of the reasons for the proposed modification. 

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  days  after  this  Convention  enters  into  force  for  it, 
submit to the Technical Secretariat all available relevant information concerning the abandoned chemical 
weapons.  This  information  shall  include,  to  the  extent  possible,  the  location,  type,  quantity  and  the 
present condition of the abandoned chemical weapons as well as information on the abandonment. 

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, submit to the Technical Secretariat all available 
relevant  information  concerning  the  discovered  abandoned  chemical  weapons.  This  information  shall 
include,  to  the  extent  possible,  the  location,  type,  quantity  and  the  present  condition  of  the  abandoned 
chemical weapons as well as information on the abandonment. 

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,  not  later  than  30  days  after  this 
Convention enters into force for it, submit to the Technical Secretariat all available relevant information 
concerning the abandoned chemical weapons. This information shall include, to the extent possible, the 
location, type, quantity as well as information on the abandonment, and the condition of the abandoned 
chemical weapons. 

74 

 
11. The Technical Secretariat shall conduct an initial inspection, and any further inspections as may 
be necessary, in order to verify all available relevant information submitted pursuant to paragraphs 8 to 10 
and determine whether systematic verification in accordance with Part IV (A), paragraphs 41 to 43, of this 
Annex  is  required.  It  shall,  if  necessary,  verify  the  origin  of  the  abandoned  chemical  weapons  and 
establish evidence concerning the abandonment and the identity of the Abandoning State. 

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 State Party declared by the Territorial State Party or 
identified by the Technical Secretariat as having abandoned the chemical weapons. If one of the States 
Parties  directly  concerned  is  not  satisfied  with  the  report  it  shall  have  the  right  to  settle  the  matter  in 
accordance with provisions of this Convention or bring the issue to the Executive Council with a view to 
settling the matter expeditiously. 

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 State Party pursuant to paragraphs 8 to 12 to 
enter  into  consultations  for  the  purpose  of  destroying  the  abandoned  chemical  weapons  in  cooperation 
with the Territorial State Party. It shall immediately inform the Technical Secretariat of this request. 

14. Consultations between the Territorial State Party and the Abandoning State Party with a view to 
establishing a mutually agreed plan for destruction shall begin not later than 30 days after the Technical 
Secretariat  has  been  informed  of  the  request  referred  to  in  paragraph  13. The mutually  agreed  plan for 
destruction  shall  be  transmitted  to the Technical  Secretariat  not  later than  180  days  after  the Technical 
Secretariat  has  been  informed  of  the  request  referred  to  in  paragraph  13.  Upon  the  request  of  the 
Abandoning State Party and the Territorial State Party, the Executive Council may extend the time-limit 
for transmission of the mutually agreed plan for destruction. 

15.  For  the  purpose  of  destroying  abandoned  chemical  weapons,  the  Abandoning  State  Party  shall 
provide all necessary financial, technical, expert, facility as well as other resources. The Territorial State 
Party shall provide appropriate cooperation. 

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 chemical weapons, may request the Organization and 
other States Parties to provide assistance in the destruction of these abandoned chemical weapons. 

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 abandoned chemical weapons which also meet 
the  definition  of  old  chemical  weapons  in  Article  II,  paragraph  5  (b),  the  Executive  Council,  upon  the 
request  of  the  Territorial  State  Party,  individually  or  together  with  the  Abandoning  State  Party,  may 
modify or in exceptional cases suspend the application of provisions on destruction, if it determines that 
doing so would not pose a risk to the object and purpose of this Convention. In the case of abandoned 
chemical  weapons  which  do  not  meet  the  definition  of  old  chemical  weapons  in  Article  II,  paragraph             
5 (b), the Executive Council, upon the request of the Territorial State Party, individually or together with 
the  Abandoning  State  Party,  may  in  exceptional  circumstances  modify  the  provisions  on  the  time-limit 
and the order of destruction, if it determines that doing so would not pose a risk to the object and purpose 
of  this  Convention.  Any  request  as  referred  to  in  this  paragraph  shall  contain  specific  proposals  for 
modification of the provisions and a detailed explanation of the reasons for the proposed modification. 

18.  States  Parties  may  conclude  between  themselves  agreements  or  arrangements  concerning  the 
destruction of abandoned chemical weapons. The Executive Council may, upon request of the Territorial 
State Party, individually or together with the Abandoning State Party, decide that selected provisions of 
such agreements or arrangements take precedence over provisions of this Section, if it determines that the 
agreement or arrangement ensures the destruction of the abandoned chemical weapons in accordance with 
paragraph 17. 

75 

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

PART 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 building and structure number, if any; 

(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 chemical weapons, or both; 

(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 installation of new or modified equipment, 
that significantly changed the production process characteristics of the facility; 

(e)  Information  on  the  chemicals  defined  as  chemical  weapons  that  were  manufactured  at  the 
facility;  the  munitions,  devices,  and  containers  that  were  filled  at  the  facility;  and  the  dates  of  the 
beginning and cessation of such manufacture or filling: 

(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  chemicals  manufactured, 
indicating  the  chemical  name  in  accordance  with  the  current  International  Union  of  Pure  and 
Applied  Chemistry  (IUPAC)  nomenclature,  structural  formula,  and  the  Chemical  Abstracts 
Service registry number, if assigned, and in terms of the amount of each chemical expressed by 
weight of chemical in tonnes; 

(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 weapons filled and the weight of the 
chemical fill per unit; 

(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 manufacturing a specific substance on 
the basis of the technological process actually used or, in the case of processes not actually used, 
planned to be used at the facility; 

(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 into each specific type of chemical 
weapon a year; 

(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 

76 

 
 
 
(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 weapons, and if so, information on what 
modifications  have  been  made,  the  date  such  non-chemical  weapons  related  activity  began  and 
the nature of such activity, indicating, if applicable, the kind of product; 

(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 the State Party to inactivate the facility; 

(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 1 above. It is the responsibility of the State 
Party  on  whose  territory  the  facility  is  or  has  been  located  to  make  appropriate  arrangements  with  the 
other State to ensure that the declarations are made. If the State Party on whose territory the facility is or 
has been located is not able to fulfil this obligation, it shall state the reasons therefor. 

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 to Article III, paragraph 1 (c) (iv), and in 
accordance with paragraph 5 below. When not all the specified information is available for transfer and 
receipt of such equipment for the period between 1 January 1946 and 1 January 1970, the State Party shall 
declare whatever information is still available to it and provide an explanation as to why it cannot submit 
a full declaration. 

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 shall supply the following information: 

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

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

77 

 
(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 specify: 

(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 specify: 

(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  territory  the  facility  is  or  has  been  located  to  make 
appropriate arrangements to ensure that the declarations specified in paragraphs 6 to 9 above are made. If 
the State Party on whose territory the facility is or has been located is not able to fulfil this obligation, it 
shall state the reasons therefor. 

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 in Article V and in this Part. 

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, inter alia: 

(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  for  synthesis,  separation  or 
purification of chemicals defined as a chemical weapon, any storage tank, or any machine for filling 
chemical  weapons,  the  heating,  cooling,  or  supply  of  electrical  or  other  forms  of  power  to  such 
equipment, storage tanks, or machines; and 

(e) Interruption of rail, road and other access routes for heavy transport to the chemical weapons 

production facility except those required for agreed activities. 

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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, preventive maintenance, and routine repairs. 

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  regime  for  the  temporarily  converted 
facilities  is  at  least  as  stringent  as  the  regime  for  chemical  weapons  production  facilities  that  have  not 
been converted. 

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

They  shall  be  subject  to  an  initial  visit  by  inspectors,  who  shall  confirm  the  correctness  of  the 
information  about  these  facilities.  Verification  that  the  conversion  of  these  facilities  was  performed  in 
such  a  manner  as  to  render  them  inoperable  as  chemical  weapons  production  facilities  shall  also  be 
required, and shall fall within the framework of measures provided for the facilities that are to be rendered 
inoperable not later than 90 days after entry into force of this Convention. 

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 days after this Convention enters into force for 
it, or not later than 30 days after a decision has been taken for temporary conversion, a general facility 
conversion plan, and subsequently shall submit annual plans. 

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 closed after this Convention entered into 
force for it, it shall inform the Technical Secretariat thereof not less than 150 days before conversion. The 
Technical Secretariat, in conjunction with the State Party, shall make sure that the necessary measures are 
taken to render that facility, after its conversion, inoperable as a chemical weapons production facility. 

22. A facility converted for the destruction of chemical weapons shall not be more fit for resuming 
chemical weapons production than a chemical weapons production facility which has been closed and is 
under maintenance. Its reactivation shall require no less time than that required for a chemical weapons 
production facility that has been closed and is under maintenance. 

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 characteristics. 

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 be less than that which is provided for the 
disabling of other chemical weapons production facilities to be carried out not later than 90 days after this 
Convention enters into force for the State Party. 

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; 

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(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 with chemical weapons employment, 
shall  be  declared  and  destroyed.  The  destruction  process  and  its  verification  shall  be  conducted 
according  to  the  provisions  of  Article  V  and  this  Part  of  this  Annex  that  govern  destruction  of 
chemical weapons production facilities; 

(b)  All  equipment  designed  or  used  exclusively  for  producing  non-chemical  parts  for  chemical 
munitions shall be physically destroyed. Such equipment, which includes specially designed moulds 
and metal-forming dies, may be brought to a special location for destruction; 

(c) All buildings and standard equipment used for such production activities shall be destroyed or 
converted  for  purposes  not  prohibited  under  this  Convention,  with  confirmation,  as  necessary, 
through consultations and inspections as provided for under Article IX; 

(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 Convention, including obligations regarding systematic 
on-site verification. It takes into account interests of States Parties for undiminished security during the 
destruction  period;  confidence-building in the  early  part  of  the destruction stage;  gradual  acquisition  of 
experience  in  the  course  of  destroying  chemical  weapons  production  facilities;  and  applicability 
irrespective of the actual characteristics of the facilities and the methods chosen for their destruction. The 
order of destruction is based on the principle of levelling out. 

29. A State Party shall, for each destruction period, determine which chemical weapons production 
facilities  are  to  be  destroyed  and  carry  out  the  destruction  in  such  a  way  that  not  more  than  what  is 
specified  in  paragraphs  30  and  31  remains  at  the  end  of  each  destruction  period.  A  State  Party  is  not 
precluded from destroying its facilities at a faster pace. 

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 not later than 10 years after entry into force 
of this Convention. For a State which is a Party at the entry into force of this Convention, this overall 
period shall be divided into three separate destruction periods, namely, years 2-5, years 6-8, and years 
9-10.  For  States  which  become  a  Party  after  entry  into  force  of  this  Convention,  the  destruction 
periods shall be adapted, taking into account paragraphs 28 and 29; 

(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 specified for binary chemical weapons; 

(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 capacity that exceeds the relevant level shall 
be destroyed in equal increments during the first two destruction periods; 

(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 Schedule 1 facility or filled the Schedule 
1 chemical produced there into munitions or devices; 

(e) Chemical weapons production facilities that have been converted temporarily for destruction 
of chemical weapons shall continue to be subject to the obligation to destroy capacity according to the 
provisions of this paragraph. 

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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 Convention enters into force for it, and complete it not later 
than five years after entry into force of this Convention. 

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  detailed  plans  for  destruction  of  the  facility, 
including proposed measures for verification of destruction referred to in paragraph 33 (f), with respect to, 
inter alia: 

(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  Technical  Secretariat  not  less  than  150  days 
before undertaking any conversion activities. The notification shall: 

(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 the chemical weapons production facility that are to 
be temporarily converted; 

(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 chemical weapons; 

(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, destruction operations, and closure. 

35.  In  relation  to  the  destruction  of  a  facility  that  was  temporarily  converted  for  destruction  of 

chemical weapons, information shall be provided in accordance with paragraphs 32 and 33. 

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 inspections, the Technical Secretariat shall prepare a 
plan for verifying the destruction of the facility, consulting closely with the State Party. Any differences 
between the Technical Secretariat and the State Party concerning appropriate measures should be resolved 
through  consultations.  Any  unresolved  matters  shall  be  forwarded  to  the  Executive  Council  for 
appropriate action with a view to facilitating the full implementation of this Convention. 

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 Executive Council and the State Party. This 
agreement should be completed, not less than 60 days before the planned initiation of destruction. 

81 

 
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 and verification. If there are no objections by 
any member of the Executive Council, the plan shall be put into action. 

39.  If  there  are  any  difficulties,  the  Executive  Council  shall  enter  into  consultations  with  the  State 
Party to reconcile them. If any difficulties remain unresolved they shall be referred to the Conference. The 
resolution of any differences over methods of destruction shall not delay the execution of other parts of 
the destruction plan that are acceptable. 

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,  verification  of  destruction  shall  proceed  through 
continuous monitoring with on-site instruments and physical presence of inspectors. 

41. Destruction and verification shall proceed according to the agreed plan. The verification shall not 
unduly interfere with the destruction process and shall be conducted through the presence of inspectors 
on-site to witness the destruction. 

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 Convention enters into force for the State Party. 

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,  which  shall  be  installed  pursuant  to  the 
detailed facility agreement for the facility; and 

(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 items at each chemical weapons production 
facility. 

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 item is removed. They shall take the necessary 
precaution not to hinder closure activities by the inspected State Party. Inspectors may return to maintain 
and verify the integrity of the devices. 

47. If, on the basis of the initial inspection, the Director-General believes that additional measures are 
necessary to inactivate the facility in accordance with this Convention, the Director-General may request, 
not  later  than  135  days  after  this  Convention  enters  into  force for  a  State  Party,  that  such  measures  be 
implemented by the inspected State Party not later than 180 days after this Convention enters into force 
for it. At its discretion, the inspected State Party may satisfy the request. If it does not satisfy the request, 
the inspected State Party and the Director-General shall consult to resolve the matter. 

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  weapons  or  removal  of  declared  items  will  be 
detected at this facility. 

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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 after this Convention enters into force for 
a  State  Party.  Inspectors  shall  be  permitted  to  visit  each  chemical  weapons  production  facility  for  the 
installation of such seals or equipment. 

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  planned  arrival  of the  inspection  team  at  the 
facility for systematic inspections or visits. In the case of inspections or visits to resolve urgent problems, 
this period may be shortened. The Director-General shall specify the purpose of the inspection or visit. 

53. Inspectors shall, in accordance with the facility agreements, have unimpeded access to all parts of 
the chemical weapons production facilities. The items on the declared inventory to be inspected shall be 
chosen by the inspectors. 

54. The guidelines for determining the frequency of systematic on-site inspections shall be considered 
and  approved  by  the  Conference  pursuant  to  Article  VIII,  paragraph  21(i).  The  particular  production 
facility  to  be  inspected  shall  be  chosen  by  the  Technical  Secretariat  in  such  a  way  as  to  preclude  the 
prediction of precisely when the facility is to be inspected. 

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  accordance  with  the  obligations  under this 
Convention  and  that  each  item  on  the  declared  inventory  is  destroyed  in  accordance  with  the  agreed 
detailed plan for destruction. 

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. After this confirmation, the Technical Secretariat 
shall terminate the systematic verification of the chemical weapons production facility and shall promptly 
remove all devices and monitoring instruments installed by the inspectors. 

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 right to visit the facility to familiarize themselves with 
the proposed temporary conversion and to study possible inspection measures that will be required during 
the conversion. 

59. Not later than 60 days after such a visit, the Technical Secretariat and the inspected State Party 
shall  conclude  a  transition  agreement  containing  additional  inspection  measures  for  the  temporary 
conversion  period.  The  transition  agreement  shall  specify  inspection  procedures,  including  the  use  of 
seals,  monitoring  equipment,  and  inspections,  that  will  provide  confidence  that  no  chemical  weapons 
production  takes  place  during  the  conversion  process.  This  agreement  shall  remain  in  force  from  the 

83 

 
beginning of the temporary conversion activity until the facility begins operation as a chemical weapons 
destruction facility. 

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  may  have  been  installed  pursuant  to  this 
Convention until the transition agreement has been concluded. 

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  to  chemical  weapons  destruction  facilities. 
Arrangements for the pre-operation period shall be governed by the transition agreement. 

62. During destruction operations the inspectors shall have access to all portions of the temporarily 
converted chemical weapons production facilities, including those that are not directly involved with the 
destruction of chemical weapons. 

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  function  as  a  facility  for  chemical  weapons 
destruction,  the  facility  shall  be  subject  to  the  provisions  of  this  Part  applicable  to  chemical  weapons 
production facilities. 

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 already using for such purposes before this 
Convention enters into force for it, or that it plans to use for such purposes. 

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 the State Party, the request shall be submitted 
to the Director-General not later than 30 days after this Convention enters into force for the State Party. 
The  request  shall  contain,  in  addition  to  data  submitted  in  accordance  with  paragraph  1(h)  (iii),  the 
following information: 

(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, and the quantities planned to be 
produced, processed, or consumed annually; 

(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; 

(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 sub-paragraph (b), as well as any other 
measures  proposed  by  the  State  Party,  will  ensure  the  prevention  of  standby  chemical  weapons 
production capability at the facility. 

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  for  the  State  Party,  the  request  shall  be 
submitted to the Director-General not later than 30 days after the decision to convert, but in no case   later  

84 

 
 
than four years after this Convention enters into force for the State Party. The request shall contain the 
following information: 

(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, and the quantities planned to be 
produced, processed, or consumed annually; 

(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 sub-paragraph (b), as well as any other 
measures  proposed  by  the  State  Party,  will  ensure  the  prevention  of  standby  chemical  weapons 
production capability at the facility. 

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 such purposes before this Convention 
enters into force for it, but only if the State Party certifies in its request that no specialized equipment and 
no specialized buildings are being used and that the specialized equipment and specialized buildings have 
been rendered inactive using the methods specified in paragraph 13. 

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 force for the State Party, or if the certification 
required  in  paragraph  68  is  not  made,  the  State  Party  shall  cease  immediately  all  activity  pursuant  to 
Article V, paragraph 4. The State Party shall close the facility in accordance with paragraph 13 not later 
than 90 days after this Convention enters into force for it. 

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  facility  must  be  destroyed  and  all 
special features of buildings and structures that distinguish them from buildings and structures normally 
used for purposes not prohibited under this Convention and not involving Schedule 1 chemicals must be 
eliminated. 

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  phosphorus 
chemical, or for any other activity that would require special equipment for handling highly toxic or 
highly  corrosive  chemicals,  unless  the  Executive  Council  decides  that  such  production  or  activity 
would  pose  no  risk  to  the  object  and  purpose  of  this  Convention,  taking  into  account  criteria  for 
toxicity,  corrosiveness  and,  if applicable,  other technical factors, to  be  considered  and approved  by 
the Conference pursuant to Article VIII, paragraph 21(i). 

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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  Secretariat.  The  purpose  of  this  inspection  shall  be  to 
determine the accuracy of the information provided in the request, to obtain information on the technical 
characteristics  of  the  proposed  converted  facility,  and  to  assess  the  conditions  under  which  use  for 
purposes  not  prohibited  under  this  Convention  may  be  permitted.  The  Director-General  shall  promptly 
submit  a  report  to  the  Executive  Council,  the  Conference,  and  all  States  Parties  containing  his 
recommendations on the measures necessary to convert the facility to purposes not prohibited under this 
Convention  and  to  provide  assurance  that  the  converted  facility  will  be  used  only  for  purposes  not 
prohibited under this Convention. 

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 continuing to be in operation, but the measures 
required to be certified under paragraph 68 have not been taken, the Director-General shall immediately 
inform the Executive Council, which may require implementation of measures it deems appropriate, inter 
alia,  shut-down  of  the  facility  and  removal  of  specialized  equipment  and  modification  of  buildings  or 
structures. The Executive Council shall stipulate the deadline for implementation of these measures and 
shall  suspend  consideration  of  the  request  pending  their  satisfactory  completion.  The  facility  shall  be 
inspected  promptly  after  the  expiration  of  the  deadline  to  determine  whether  the  measures  have  been 
implemented. If not, the State Party shall be required to shut down completely all facility operations. 

75.  As  soon  as  possible  after  receiving  the  report  of  the  Director-General,  the  Conference,  upon 
recommendation  of  the  Executive  Council,  shall  decide,  taking  into  account  the  report  and  any  views 
expressed by States Parties, whether to approve the request, and shall establish the conditions upon which 
approval is contingent. If any State Party objects to approval of the request and the associated conditions, 
consultations  shall  be  undertaken  among  interested  States  Parties  for  up  to  90  days  to  seek  a  mutually 
acceptable  solution.  A  decision  on  the  request  and  associated  conditions,  along  with  any  proposed 
modifications  thereto,  shall  be  taken,  as  a  matter  of  substance,  as  soon  as  possible  after  the  end  of  the 
consultation period. 

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 contain the conditions under which the conversion and 
use of the facility is permitted, including measures for verification. Conversion shall not begin before the 
facility agreement is concluded. 

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 Secretariat with the detailed plans for conversion of the 
facility, including proposed measures for verification of conversion, with respect to, inter alia: 

(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. 

86 

 
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 inspections, the Technical Secretariat shall prepare a 
plan for verifying the conversion of the facility, consulting closely with the State Party. Any differences 
between the Technical Secretariat and the State Party concerning appropriate measures shall be resolved 
through  consultations.  Any  unresolved  matters  shall  be  forwarded  to  the  Executive  Council  for 
appropriate action with a view to facilitate the full implementation of this Convention. 

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 Executive Council and the State Party. This 
agreement shall be completed not less than 60 days before conversion is planned to begin. 

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 verification. If there are no objections by 
any member of the Executive Council, the plan shall be put into action. 

82. If there are any difficulties, the Executive Council should enter into consultations with the State 
Party to reconcile them. If any difficulties remain unresolved, they should be referred to the Conference. 
The  resolution  of  any  differences  over  methods  of  conversion  should  not  delay  the  execution  of  other 
parts of the conversion plan that are acceptable. 

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,  verification  of  conversion  shall  proceed  through 
continuous monitoring with on-site instruments and physical presence of inspectors. 

84. Conversion and verification shall proceed according to the agreed plan. The verification shall not 
unduly interfere with the conversion process and shall be conducted through the presence of inspectors to 
confirm the conversion. 

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 facility at any time. The inspectors shall have the right 
to observe all areas, all activities, and all items of equipment at the facility. The inspectors shall have the 
right to verify that the activities at the facility are consistent with any conditions established under this 
Section,  by  the  Executive  Council  and  the  Conference.  The  inspectors  shall  also  have  the  right,  in 
accordance with provisions of Part II, Section E, of this Annex to receive samples from any area of the 
facility and to analyse them to verify the absence of Schedule 1 chemicals, their stable by-products and 
decomposition  products  and  of  Schedule  2  chemicals  and  to  verify  that  the  activities  at  the  facility  are 
consistent  with  any  other  conditions  on  chemical  activities  established  under  this  Section,  by  the 
Executive  Council  and  the  Conference.  The  inspectors  shall  also  have  the  right  to  managed  access,  in 
accordance with Part X, Section C, of this Annex, to the plant site at which the facility is located. During 
the 10-year period, the State Party shall report annually on the activities at the converted facility. Upon 
completion  of  the  10-year  period,  the  Executive  Council,  taking  into  account  recommendations  of  the 
Technical Secretariat, shall decide on the nature of continued verification measures. 

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

paragraph 19. 

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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 outside its territory except to another State Party. 

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

(a) The chemicals are applied to research, medical, pharmaceutical or protective purposes; 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 equal to or less than 1 tonne. 

B. TRANSFERS 

3. A State Party  may transfer Schedule 1 chemicals outside its territory only to another State Party 

and only for research, medical, pharmaceutical or protective purposes in accordance with paragraph 2. 

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

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

Technical Secretariat of the transfer. 

6. Each State Party shall make a detailed annual declaration regarding transfers during the previous 
year. The declaration shall be submitted not later than 90 days after the end of that year and shall for each 
Schedule 1 chemical that has been transferred include the following information: 

(a)  The  chemical  name,  structural  formula  and  Chemical  Abstracts  Service  registry  number,  if 

assigned; 

(b) The quantity acquired from other States or transferred to other States Parties. For each transfer 

the quantity, recipient and purpose shall be included. 

C. PRODUCTION 

General principles for production 

7. Each State Party, during production  under paragraphs 8 to 12, shall assign the highest priority to 
ensuring  the  safety  of  people  and  to  protecting  the  environment.  Each  State  Party  shall  conduct  such 
production in accordance with its national standards for safety and emissions. 

Single small-scale facility 

8.  Each  State  Party  that  produces  Schedule  1  chemicals  for  research,  medical,  pharmaceutical  or 
protective  purposes  shall  carry  out the production at a  single small-scale facility  approved  by  the  State 
Party, except as set forth in paragraphs 10, 11 and 12. 

9. The production at a single small-scale facility shall be carried out in reaction vessels in production 
lines  not  configurated  for continuous  operation. The volume  of  such  a  reaction  vessel  shall  not  exceed 
100 litres, and the total volume of all reaction vessels with a volume exceeding 5 litres shall not be more 
than 500 litres. 

10. Production of Schedule 1 chemicals in aggregate quantities not exceeding 10 kg per year may be 
carried out for protective purposes at one facility outside a single small-scale facility. This facility shall be 
approved by the State Party. 

Other facilities 

88 

 
11. Production of Schedule 1 chemicals in quantities of more than 100g per year may be carried out 
for  research,  medical  or  pharmaceutical  purposes  outside  a  single  small-scale  facility  in  aggregate 
quantities not exceeding 10 kg per year per facility. These facilities shall be approved by the State Party. 

12. Synthesis of Schedule 1 chemicals for research, medical or pharmaceutical purposes, but not for 
protective purposes, may be carried out at laboratories in aggregate quantities less than 100g per year per 
facility. These facilities shall not be subject to any obligation relating to declaration and verification as 
specified in Sections D and E. 

D. DECLARATIONS 

Single small-scale facility 

13.  Each  State  Party  that  plans  to  operate  a  single  small-scale  facility  shall  provide  the  Technical 
Secretariat  with  the  precise  location  and  a  detailed  technical  description  of  the  facility,  including  an 
inventory  of  equipment  and  detailed  diagrams.  For  existing  facilities,  this  initial  declaration  shall  be 
provided  not  later  than  30  days  after  this  Convention  enters  into  force  for  the  State  Party.  Initial 
declarations on new facilities shall be provided not less than 180 days before operations are to begin. 

14. Each State Party shall give advance notification to the Technical Secretariat of planned changes 
related  to  the  initial  declaration.  The  notification  shall  be  submitted  not  less  than  180  days  before  the 
changes are to take place. 

15. A State Party producing Schedule 1 chemicals at a single small-scale facility shall make a detailed 
annual declaration regarding the activities of the facility for the previous year. The declaration shall be 
submitted not later than 90 days after the end of that year and shall include: 

(a) Identification of the facility; 

(b)  For  each  Schedule  1  chemical  produced,  acquired,  consumed  or  stored  at  the  facility,  the 

following information:— 

(i) The chemical name, structural formula and Chemical Abstracts Service registry number, if 

assigned; 

(ii) The methods employed and quantity produced; 

(iii) The name and quantity of precursors listed in Schedules 1, 2, or 3 used for production of 

Schedule 1 chemicals; 

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

(v)  The  quantity  received  from  or  shipped  to  other  facilities  in  the  State  Party.  For  each 

shipment the quantity, recipient and purpose should be included; 

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

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

(c) Information on any changes at the facility during the year compared to previously submitted 
detailed  technical  descriptions  of  the  facility  including  inventories  of  equipment  and  detailed 
diagrams. 

16.  Each  State  Party  producing  Schedule  1  chemicals  at  a  single  small-scale  facility  shall  make  a 
detailed annual declaration regarding the projected activities and the anticipated production at the facility 
for the coming year. The declaration shall be submitted not less than 90 days before the beginning of that 
year and shall include:— 

(a) Identification of the facility; 

(b) For each Schedule 1 chemical anticipated to be produced, consumed or stored at the facility, 

the following information: 

(i) The chemical name, structural formula and Chemical Abstracts Service registry number, if 

assigned; 

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

89 

 
(c) Information on any anticipated changes at the facility during the year compared to previously 
submitted  detailed  technical  descriptions  of  the  facility  including  inventories  of  equipment  and 
detailed diagrams. 

Other facilities referred to in paragraphs 10 and 11 

17. For each facility, a State Party shall provide the Technical Secretariat with the name, location and 
a  detailed  technical  description  of  the  facility  or  its  relevant  part(s)  as  requested  by  the  Technical 
Secretariat.  The  facility  producing  Schedule  1  chemicals  for  protective  purposes  shall  be  specifically 
identified. For existing facilities, this initial declaration shall be provided not later than 30 days after this 
Convention enters into force for the State Party. Initial declarations on new facilities shall be provided not 
less than 180 days before operations are to begin. 

18. Each State Party shall give advance notification to the Technical Secretariat of planned changes 
related  to  the  initial  declaration.  The  notification  shall  be  submitted  not  less  than  180  days  before  the 
changes are to take place. 

19. Each State Party shall, for each facility, make a detailed annual declaration regarding the activities 
of the facility for the previous year. The declaration shall be submitted not later than 90 days after the end 
of that year and shall include: 

(a) Identification of the facility; 

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

(i) The chemical name, structural formula and Chemical Abstracts Service registry number, if 

assigned; 

(ii)  The  quantity  produced  and,  in  case  of  production  for  protective  purposes,  methods 

employed; 

(iii) The name and quantity of precursors listed in Schedules 1, 2, or 3, used for production of 

Schedule 1 chemicals; 

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

(v)  The  quantity  transferred  to  other  facilities  within  the  State  Party.  For  each  transfer  the 

quantity, recipient and purpose should be included; 

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

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

(c)  Information  on any  changes  at the facility  or  its relevant parts during  the  year  compared  to 

previously submitted detailed technical description of the facility. 

20.  Each  State  Party  shall,  for  each  facility,  make  a  detailed  annual  declaration  regarding  the 
projected activities and the anticipated production at the facility for the coming year. The declaration shall 
be submitted not less than 90 days before the beginning of that year and shall include: 

(a) Identification of the facility; 

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

(i) The chemical name, structural formula and Chemical Abstracts Service registry number, if 

assigned; 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 descriptions of the facility. 

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 declared and, in particular, that their aggregate 
amount does not exceed 1 tonne. 

90 

 
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  Convention  posed  by  the  relevant  chemicals,  the 
characteristics of the facility and the nature of the activities carried out there. Appropriate guidelines shall 
be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i). 

24.  The  purpose  of  the  initial  inspection  shall  be  to  verify  information  provided  concerning  the 

facility, including verification of the limits on reaction vessels set forth in paragraph 9. 

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  the  Organization,  covering  detailed  inspection 
procedures for the facility. 

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, based on a model agreement, with the Organization, 
covering detailed inspection procedures for the facility before it begins operation or is used. 

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  Convention  posed  by  the  quantities  of  chemicals 
produced, the characteristics of the facility and the nature of the activities carried out there. Appropriate 
guidelines shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i). 

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  model  agreement  covering  detailed  inspection 
procedures for each facility. 

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 before the facility begins operation or is used. 

91 

 
 
 
ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN ACCORDANCE WITH 
ARTICLE VI REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES RELATED TO SUCH 
CHEMICALS 

PART VII 

A. DECLARATIONS 

Declarations of aggregate national data 

1.  The  initial  and  annual  declarations  to  be  provided  by  each  State  Party  pursuant  to  Article  VI, 
paragraphs 7 and 8, shall include aggregate national data for the previous calendar year on the quantities 
produced,  processed,  consumed,  imported  and  exported  of  each  Schedule  2  chemical,  as  well  as  a 
quantitative specification of import and export for each country involved. 

2. Each State Party shall submit: 

(a) Initial declarations pursuant to paragraph 1 not later than 30 days after this Convention enters 

into force for it; and, starting in the following calendar year, 

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

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

3.  Initial  and  annual  declarations  are  required for all  plant  sites  that  comprise  one  or  more  plant(s) 
which produced, processed or consumed during any of the previous three calendar years or is anticipated 
to produce, process or consume in the next calendar year more than: 

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

(b) 100 kg of any other chemical listed in Schedule 2, 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 year; 

(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 planned after the annual declaration has been 
submitted shall be declared not later than five days before this activity begins. 

5.  Declarations  pursuant  to  paragraph  3  are  generally  not  required  for  mixtures  containing  a  low 
concentration of a Schedule 2 chemical. They are only required, in accordance with guidelines, in cases 
where the ease of recovery from the mixture of the Schedule 2 chemical and its total weight are deemed 
to  pose  a  risk  to  the  object  and  purpose  of  this  Convention.  These  guidelines  shall  be  considered  and 
approved by the Conference pursuant to Article VIII, paragraph 21 (i). 

6. Declarations of a plant site pursuant to paragraph 3 shall include: 

(a) The name of the plant site and the name of the owner, company, or enterprise operating it; 

(b) Its precise location including the address; and 

(c)  The  number  of  plants  within  the  plant  site  which  are  declared  pursuant  to  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  specifications  set  forth  in  paragraph  3,  the 
following information: 

(a) The name of the plant and the name of the owner, company, or enterprise operating it; 

(b) Its precise location within the plant site including the specific building or structure number, if 

any; 

(c) Its main activities; 

92 

 
(d) Whether the plant: 

(i) Produces, processes, or consumes the declared Schedule 2 chemical(s); 

(ii) Is dedicated to such activities or multi-purpose; and 

(iii) Performs other activities with regard to the declared Schedule 2 chemical(s), including a 

specification of that other activity (e.g. storage); and 

(e) The production capacity of the plant for each declared Schedule 2 chemical. 

8. Declarations of a plant site pursuant to paragraph 3 shall also include the following information on 

each Schedule 2 chemical above the declaration threshold,— 

(a)  The  chemical  name,  common  or  trade  name  used  by  the  facility,  structural  formula,  and 

Chemical Abstracts Service registry number, if assigned; 

(b)  In  the  case  of  the  initial  declaration:  the  total  amount  produced,  processed,  consumed, 

imported and exported by the plant site in each of the three previous calendar years; 

(c) In the case of the annual declaration on past activities: the total amount produced, processed, 

consumed, imported and exported by the plant site in the previous calendar year; 

(d) In the case of the annual declaration on anticipated activities: the total amount anticipated to 
be produced, processed or consumed by the plant site in the following calendar year, including the 
anticipated time periods for production, processing or consumption; and 

(e) The purposes for which the chemical was or will be produced, processed or consumed: 

(i) Processing and consumption on site with a specification of the product types; 

(ii) 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 industry, trader or other destination and, if 
possible, of final product types; 

(iii) Direct export, with a specification of the States involved; or 

(iv) Other, including a specification of these other purposes. 

Declarations on past production of Schedule 2 chemicals for chemical weapons purposes 

9. Each State Party shall, not later than 30 days after this Convention enters into force for it, declare 
all plant sites comprising plants that produced at any time since 1 January 1946 a Schedule 2 chemical for 
chemical weapons purposes. 

10. Declarations of a plant site pursuant to paragraph 9 shall include: 

(a) The name of the plant site and the name of the owner, company, or enterprise operating it; 

(b) Its precise location including the address; 

(c) For each plant which is located within the plant site, and which falls under the specifications 
set forth in paragraph 9, the same information as required under paragraph 7, sub-paragraphs (a) to 
(e); and 

(d) For each Schedule 2 chemical produced for chemical weapons purposes: 

(i) The chemical name, common or trade name used by the plant site for chemical weapons 
production  purposes,  structural  formula,  and  Chemical  Abstracts  Service  registry  number,  if 
assigned; 

(ii) The dates when the chemical was produced and the quantity produced; and 

(iii) The location to which the chemical was delivered and the final product produced there, if 

known. 

Information to States Parties 

11.  A  list  of  plant  sites  declared  under  this  Section  together  with  the  information  provided  under 
paragraphs 6, 7(a), 7(c), 7(d)(i), 7(d)(iii), 8(a) and 10 shall be transmitted by the Technical Secretariat to 
States Parties upon request. 

93 

 
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 or more plants which produced, processed 
or  consumed  during  any  of  the  previous  three  calendar  years  or  are  anticipated  to  produce,  process  or 
consume in the next calendar year more than— 

(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 programme and budget for verification 
under  this  Section.  In  the  allocation  of  resources  made  available  for  verification  under  Article  VI,  the 
Technical Secretariat shall, during the first three years after the entry into force of this Convention, give 
priority to the initial inspections of plant sites declared under Section A. The allocation shall thereafter be 
reviewed on the basis of the experience gained. 

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 information to be provided in declarations. Particular aims 
of inspections at plant sites declared under Section A shall include verification of— 

(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 after entry into force of this Convention. Plant sites 
declared  after  this  period  shall  receive  an  initial  inspection  not  later  than  one  year  after  production, 
processing or consumption is first declared. Selection of plant sites for initial inspections shall be made by 
the Technical Secretariat in such a way as to preclude the prediction of precisely when the plant site is to 
be inspected. 

17. During the initial inspection, a draft facility agreement for the plant site shall be prepared unless 

the inspected State Party and the Technical Secretariat agree that it is not needed. 

18.  With  regard  to  frequency  and  intensity  of  subsequent  inspections,  inspectors  shall  during  the 
initial  inspection  assess  the  risk  to  the  object  and  purpose  of  this  Convention  posed  by  the  relevant 
chemicals, the characteristics of the plant site and the nature of the activities carried out there, taking into 
account, inter alia, the following criteria: 

(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. 

94 

 
 
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 consideration to the risk to the object and purpose of 
this Convention posed by the relevant chemical, the characteristics of the plant site and the nature of the 
activities carried out there, taking into account the respective facility agreement as well as the results of 
the initial inspections and subsequent inspections. 

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 inspected. 

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 pursuant to Article IX. 

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  State  Party  and  the  Organization  unless  the 
inspected State Party and the Technical Secretariat agree that it is not needed. It shall be based on a model 
agreement and govern the conduct of inspections at the declared plant site. The agreement shall specify 
the  frequency  and  intensity  of  inspections  as  well  as  detailed  inspection  procedures,  consistent  with 
paragraphs 25 to 29. 

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 of the plant site, access to these areas shall be granted 
in accordance with the obligation to provide clarification pursuant to Part II, paragraph 51, of this Annex 
and in accordance with the facility agreement, or, in the absence of a facility agreement, in accordance 
with the rules of managed access as specified in Part X, Section C, of this Annex. 

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 been consistent with declarations. 

27.  Sampling  and  analysis  shall  be  undertaken  to  check  for  the  absence  of  undeclared  scheduled 

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 sub-paragraph (a) or sub-paragraph (b) 

to the reaction vessels together with any associated valves, flow meters, etc.; 

(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 sub-paragraphs (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. 

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 site to be inspected. 

Notification of inspection 

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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 this Convention. 

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  States  not  Party  to  this  Convention.  For such 
transfers,  each  State  Party  shall  adopt  the  necessary  measures  to  ensure  that  the  transferred  chemicals 
shall  only  be  used  for  purposes  not  prohibited  under  this  Convention.  Inter  alia,  the  State  Party  shall 
require from the recipient State a certificate stating, in relation to the transferred chemicals: 

(a) That they will only be used for purposes not prohibited under this Convention; 

(b) That they will not be re-transferred; 

(c) Their types and quantities; 

(d) Their end-use(s); and 

(e) The name(s) and address(es) of the end-user(s). 

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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 previous calendar year on the quantities 
produced, imported and exported of each Schedule 3 chemical, as well as a quantitative specification of 
import and export for each country involved. 

2. Each State Party shall submit: 

(a) Initial declarations pursuant to paragraph 1 not later than 30 days after this Convention enters 

into force for it; and, starting in the following calendar year; 

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

Declarations of plant sites producing Schedule 3 chemicals 

3.  Initial  and  annual  declarations  are  required  for  all  plant  sites  that  comprise  one  or  more  plants 
which produced during the previous calendar year or are anticipated to produce in the next calendar year 
more than 30 tonnes of a Schedule 3 chemical. 

4. Each State Party shall submit: 

(a) Initial declarations pursuant to paragraph 3 not later than 30 days after this Convention enters 

into force for it; and, starting in the following calendar year; 

(b)  Annual  declarations  on  past  activities  not  later  than  90  days  after  the  end  of  the  previous 

calendar year; 

(c) Annual declarations on anticipated activities not later than 60 days before the beginning of the 
following calendar year. Any such activity additionally planned after the annual declaration has been 
submitted shall be declared not later than five days before this activity begins. 

5.  Declarations  pursuant  to  paragraph  3  are  generally  not  required  for  mixtures  containing  a  low 
concentration of a Schedule 3 chemical. They are only required, in accordance with guidelines, in such 
cases  where the ease of  recovery  from  the  mixture  of  the  Schedule  3  chemical and  its  total  weight  are 
deemed to pose a risk to the object and purpose of this Convention. These guidelines shall be considered 
and approved by the Conference pursuant to Article VIII, paragraph 21(i). 

6. Declarations of a plant site pursuant to paragraph 3 shall include: 

(a) The name of the plant site and the name of the owner, company, or enterprise operating it; 

(b) Its precise location including the address; and 

(c)  The  number  of  plants  within  the  plant  site  which  are  declared  pursuant  to  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  specifications  set  forth  in  paragraph  3,  the 
following information: 

(a) The name of the plant and the name of the owner, company, or enterprise operating it; 

(b) Its precise location within the plant site, including the specific building or structure number, if 

any; 

(c) Its main activities. 

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: 

97 

 
(a)  The  chemical  name,  common  or  trade  name  used  by  the  facility,  structural  formula,  and 

Chemical Abstracts Service registry number, if assigned; 

(b) The approximate amount of production of the chemical in the previous calendar year, or, in 
case of declarations on anticipated activities, anticipated for the next calendar year, expressed in the 
ranges: 30 to 200 tonnes, 200 to 1,000 tonnes, 1,000 to 10,000 tonnes, 10,000 to 100,000 tonnes, and 
above 100,000 tonnes; and 

(c) The purposes for which the chemical was or will be produced. 

Declarations on past production of Schedule 3 chemicals for chemical weapons purposes 

9. Each State Party shall, not later than 30 days after this Convention enters into force for it, declare 
all plant sites comprising plants that produced at any time since 1 January 1946 a Schedule 3 chemical for 
chemical weapons purposes. 

10. Declarations of a plant site pursuant to paragraph 9 shall include: 

(a) The name of the plant site and the name of the owner, company, or enterprise operating it; 

(b) Its precise location including the address; 

(c) For each plant which is located within the plant site, and which falls under the specifications 
set forth in paragraph 9, the same information as required under paragraph 7, sub-paragraphs (a) to 
(c); and 

(d) For each Schedule 3 chemical produced for chemical weapons purposes: 

(i) The chemical name, common or trade name used by the plant site for chemical weapons 
production  purposes,  structural  formula,  and  Chemical  Abstracts  Service  registry  number,  if 
assigned; 

(ii) The dates when the chemical was produced and the quantity produced; and 

(iii) The location to which the chemical was delivered and the final product produced there, if 

known. 

Information to States Parties 

11.  A  list  of  plant  sites  declared  under  this  Section  together  with  the  information  provided  under 
paragraphs  6,  7(a),  7(c),  8(a)  and  10  shall  be  transmitted  by  the  Technical  Secretariat  to  States  Parties 
upon request. 

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  the  previous  calendar  year  or  are 
anticipated  to  produce  in  the  next  calendar  year  in  excess  of  200  tonnes  aggregate  of  any  Schedule  3 
chemical above the declaration threshold of 30 tonnes. 

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 programme and budget for verification 
under this Section taking into account Part VII, paragraph 13, of this Annex. 

14.  Under  this  Section,  the  Technical  Secretariat  shall  randomly  select  plant  sites  for  inspection 
through appropriate mechanisms, such as the use of specially designed computer software, on the basis of 
the following weighting factors: 

(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 and the nature of the activities carried out 
there. 

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 Article IX. 

98 

 
16. In selecting plant sites for inspection under this Section, the Technical Secretariat shall observe 
the  following  limitation  for  the  combined  number  of  inspections  to  be  received  by  a  State  Party  per 
calendar  year  under this  Part  and  Part  IX  of  this  Annex:  the  combined  number  of inspections shall not 
exceed three plus 5 per cent. of the total number of plant sites declared by a State Party under both this 
Part and Part IX of this Annex, or 20 inspections, whichever of these two figures is lower. 

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  provided  in  declarations.  The  particular  aim  of 
inspections shall be the verification of the absence of any Schedule 1 chemical, especially its production, 
except if in accordance with Part VI of this Annex. 

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,  paragraph  51,  of  this  Annex,  requests  access  to 
other  parts  of  the  plant  site  for  clarification  of  ambiguities,  the  extent  of  such  access  shall  be  agreed 
between the inspection team and the inspected State Party. 

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 in achieving the objectives of the inspection. 

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 be analysed in a designated off-site 
laboratory, subject to the inspected State Party’s agreement. 

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 sub-paragraph (a) or sub-paragraph (b) 

to the reaction vessel together with any associated valves, flow meters, etc.; 

(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 sub-paragraphs (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 plant site to be inspected. 

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 transferred chemicals shall only be used for purposes 
not prohibited under this Convention. Inter alia, the State Party shall require from the recipient State a 
certificate stating, in relation to the transferred chemicals: 

(a) That they will only be used for purposes not prohibited under this Convention; 

99 

 
 
 
(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  chemicals  to  States  not  Party  to  this 
Convention. 

100 

 
 
 
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  containing  the  elements 
phosphorus, sulfur or fluorine (hereinafter referred to as “PSF-plants” and “PSF-chemical”). 

2. The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall not 

include plant sites that exclusively produced explosives or hydrocarbons. 

3. Each State Party shall submit its list of other chemical production facilities pursuant to paragraph 1 
as part of its initial declaration not later than 30 days after this Convention enters into force for it. Each 
State  Party  shall,  not  later  than  90  days  after  the  beginning  of  each  following  calendar  year,  provide 
annually the information necessary to update the list. 

4.  The  list  of  other  chemical  production  facilities  to  be  submitted  pursuant  to  paragraph  1  shall 

include the following information on each plant site: 

(a) The name of the plant site and the name of the owner, company, or enterprise operating it; 

(b) The precise location of the plant site including its address; 

(c) Its main activities; and 

(d)  The  approximate  number  of  plants  producing  the  chemicals  specified  in  paragraph  1  in  the 

plant site. 

5. With regard to plant sites listed pursuant to paragraph 1 (a), the list shall also include information 
on the approximate aggregate amount of production of the unscheduled discrete organic chemicals in the 
previous  calendar  year  expressed  in  the  ranges:  under  1,000  tonnes,  1,000  to  10,000  tonnes  and  above 
10,000 tonnes. 

6. With regard to plant sites listed pursuant to paragraph 1 (b), the list shall also specify the number of 
PSF-plants  within  the  plant  site  and  include  information  on  the  approximate  aggregate  amount  of 
production of PSF-chemicals produced by each PSF-plant in the previous calendar year expressed in the 
ranges: under 200 tonnes, 200 to 1,000 tonnes, 1,000 to 10,000 tonnes and above 10,000 tonnes. 

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 paragraph 1, it may request the Technical Secretariat to 
provide  such  assistance.  Questions  as  to  the  completeness  of  the  list  shall  then  be  resolved  through 
consultations between the State Party and the Technical Secretariat. 

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 transmitted by the Technical Secretariat to States Parties 
upon request. 

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 

101 

 
(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 a PSF-chemical. 

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 programme and budget for verification 
under this Section after its implementation has started. 

11.  Under  this  Section,  the  Technical  Secretariat  shall  randomly  select  plant  sites  for  inspection 
through appropriate mechanisms, such as the use of specially designed computer software, on the basis of 
the following weighting factors: 

(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 carried out there; and 

(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 Article IX. 

13. In selecting plant sites for inspection under this Section, the Technical Secretariat shall observe 
the  following  limitation  for  the  combined  number  of  inspections  to  be  received  by  a  State  Party  per 
calendar year under this Part and Part VIII of this Annex: the combined number of inspections shall not 
exceed three plus 5 per cent. of the total number of plant sites declared by a State Party under both this 
Part and Part VIII of this Annex, or 20 inspections, whichever of these two figures is lower. 

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  in  declarations.  The  particular  aim  of 
inspections shall be the verification of the absence of any Schedule 1 chemical, especially its production, 
except if in accordance with Part VI of this Annex. 

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 PSF-plants  listed  pursuant to  paragraph  1  (b). The 
inspected State Party shall have the right to manage access to these plants in accordance with the rules of 
managed access as  specified in Part X, Section C, of this Annex. If the inspection team, in accordance 
with Part II, paragraph 51, of this Annex, requests access to other parts of the plant site for clarification of 
ambiguities, the extent of such access shall be agreed between the inspection team and the inspected State 
Party. 

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 in achieving the objectives of the inspection. 

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 be analysed in a designated  off-
site laboratory, subject to the inspected State Party’s agreement. 

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 plant site to be inspected. 

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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  regular  session  in  the  third  year  after  entry  into 
force of this Convention, decides otherwise. 

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 outlines the experience of the Technical Secretariat 
in implementing the provisions of Parts VII and VIII of this Annex as well as of Section A of this Part. 

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 also decide on the distribution of resources available for 
verification under Section B between “PSF-plants” and other chemical production facilities. Otherwise, 
this distribution shall be left to the expertise of the Technical Secretariat and be added to the weighting 
factors in paragraph 11. 

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  which  basis  (e.g.  regional)  proposals  by  States 
Parties for inspections should be presented to be taken into account as a weighting factor in the selection 
process specified in paragraph 11. 

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  be  re-examined  in  the  light  of  a  comprehensive 
review  of  the  overall  verification  regime  for  the  chemical  industry  (Article  VI,  Parts  VII  to  IX  of  this 
Annex) on the basis of the experience gained. The Conference shall then make recommendations so as to 
improve the effectiveness of the verification regime. 

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CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX 

PART X 

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 order to designate inspectors and inspection assistants 
for challenge inspections pursuant to Article IX, the Director-General shall, by selecting inspectors and 
inspection assistants from among the inspectors and inspection assistants for routine inspection activities, 
establish  a  list  of  proposed  inspectors  and  inspection  assistants.  It  shall  comprise  a  sufficiently  large 
number  of  inspectors  and  inspection  assistants  having  the  necessary  qualification,  experience,  skill  and 
training,  to  allow  for  flexibility  in  the  selection  of  the  inspectors,  taking  into  account their  availability, 
and  the  need  for  rotation.  Due  regard  shall  be  paid  also  to  the  importance  of  selecting  inspectors  and 
inspection  assistants  on  as  wide  a  geographical  basis  as  possible.  The  designation  of  inspectors  and 
inspection assistants shall follow the procedures provided for under Part II, Section A, of this Annex. 

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. The size of the inspection team shall be kept to a 
minimum  necessary  for  the  proper  fulfilment  of  the  inspection  mandate.  No  national  of  the  requesting 
State Party or the inspected State Party shall be a member of the inspection team. 

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 Secretariat is in a position to take immediate 
action on the request. If the Director-General cannot provide such confirmation immediately, he shall do 
so at the earliest opportunity, in keeping with the order of requests for confirmation. He shall also keep 
the  State  Party  informed  of  when  it  is  likely  that  immediate  action  can  be  taken.  Should  the  Director-
General  reach  the  conclusion  that  timely  action  on  requests  can  no  longer  be  taken,  he  may  ask  the 
Executive Council to take appropriate action to improve the situation in the future. 

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 information: 

(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 concern has arisen, and of 
the nature and circumstances of the possible non-compliance as well as all appropriate information on 
the basis of which the concern has arisen; and 

(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 provide this information to the inspected State Party not 
less than 12 hours before the planned arrival of the inspection team at the point of entry. 

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 with geographic coordinates, specified to the nearest 
second  if  possible.  If  possible,  the  requesting  State  Party  shall  also  provide  a  map  with  a  general 
indication of the inspection site and a diagram specifying as precisely as possible the requested perimeter 
of the site to be inspected. 

8. The requested perimeter shall: 

(a) Run at least a 10 metre distance outside any buildings or other structures; 

104 

 
(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 provision. 

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  about  the  location  of  the  inspection  site  as 
specified in paragraph 7. 

11.  Contemporaneously  with  informing  the  Executive  Council  according  to  paragraph  10,  the 
Director-General shall transmit the inspection request to the inspected State Party including the location 
of  the  inspection  site  as  specified  in  paragraph  7.  This  notification  shall  also  include  the  information 
specified in Part II, paragraph 32, of this Annex. 

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  has  been  received.  The  inspection  team 
shall arrive at the point of entry specified in the request in the minimum time possible, consistent with the 
provisions of paragraphs 10 and 11. 

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 later than 24 hours after the arrival of the inspection 
team  at  the  point  of  entry.  The  inspected  State  Party  shall  transport  the  inspection  team  to  the  final 
perimeter of the inspection site. If the inspected State Party deems it necessary, such transportation may 
begin up to 12 hours before the expiry of the time period specified in this paragraph for the designation of 
the final perimeter. Transportation shall, in any case, be completed not later than 36 hours after the arrival 
of the inspection team at the point of entry. 

15.  For  all  declared  facilities,  the  procedures  in  subparagraphs  (a)  and  (b)  shall  apply.  [For  the 
purposes of this Part, “declared facility” means all facilities declared pursuant to Articles III, IV, and V. 
With regard to  Article VI,  “declared  facility”  means only  facilities  declared  pursuant  to  Part  VI  of this 
Annex, as well as declared plants specified by declarations pursuant to Part VII, paragraphs 7 and 10 (c), 
and Part VIII, paragraphs 7 and 10(c), of this Annex]: 

(a)  If  the  requested  perimeter  is  contained  within  or  conforms  with  the  declared  perimeter,  the 
declared  perimeter  shall  be  considered  the  final  perimeter.  The  final  perimeter  may,  however,  if 
agreed by the inspected State Party, be made smaller in order to conform with the perimeter requested 
by the requesting State Party. 

(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 the perimeter not later than 24 hours after the 
arrival of the inspection team at the point of entry. 

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,  but  in  any  case  not  later  than  24  hours  after  the 
arrival of the inspection team at the point of entry. In case of differences of opinion, the inspected State 
Party and the inspection team shall engage in negotiations with the aim of reaching agreement on a final 
perimeter. 

17.  The  alternative  perimeter  should  be  designated  as  specifically  as  possible  in  accordance  with 
paragraph  8.  It  shall  include  the  whole  of  the  requested  perimeter  and  should,  as  a  rule,  bear  a  close 
relationship to the latter, taking into account natural terrain features and man-made boundaries. It should 
normally run close to the surrounding security barrier if such a barrier   exists. The    inspected State Party  

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should seek to establish such a relationship between the perimeters by a combination of at least two of the 
following means: 

(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  point  of  entry  to  that  perimeter.  If  the  inspected 
State Party deems it necessary, such transportation may begin up to 12 hours before the expiry of the time 
period specified in paragraph 16 for proposing an alternative perimeter. Transportation shall, in any case, 
be completed not later than 36 hours after the arrival of the inspection team at the point of entry. 

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 hours after the arrival of the inspection team at 
the point of entry. If no agreement is reached, the inspected State Party shall transport the inspection team 
to  a  location  at  the  alternative  perimeter.  If  the  inspected  State  Party  deems  it  necessary,  such 
transportation may begin up to 12 hours before the expiry of the time period specified in paragraph 16 for 
proposing an alternative perimeter. Transportation shall, in any case, be completed not later than 36 hours 
after the arrival of the inspection team at the point of entry. 

20.  Once  at  the  location,  the  inspected  State  Party  shall  provide  the  inspection  team  with  prompt 
access  to  the  alternative  perimeter  to  facilitate  negotiations  and  agreement  on  the  final  perimeter  and 
access within the final perimeter. 

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 perimeter. 

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 State Party, the inspection team shall have 
the right to use approved location-finding equipment and have such equipment installed according to its 
directions.  The  inspection  team  may  verify  its  location  by  reference  to  local  landmarks  identified  from 
maps. The inspected State Party shall assist the inspection team in this task. 

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 of all vehicular exit activity from all exit points for 
all  land,  air,  and  water  vehicles  of  the  requested  perimeter.  It  shall  provide  this  information  to  the 
inspection team upon its arrival at the alternative or final perimeter, whichever occurs first. 

24.  This  obligation  may  be  met  by  collecting  factual  information  in  the  form  of  traffic  logs, 
photographs,  video  recordings,  or  data  from  chemical  evidence  equipment  provided  by  the  inspection 
team to monitor such exit activity. Alternatively, the inspected State Party may also meet this obligation 
by  allowing  one  or  more  members  of  the  inspection  team  independently  to  maintain  traffic  logs,  take 
photographs,  make  video  recordings  of  exit  traffic,  or  use  chemical  evidence  equipment,  and  conduct 
other activities as may be agreed between the inspected State Party and the inspection team. 

25.  Upon  the  inspection  team’s  arrival  at  the  alternative  perimeter  or  final  perimeter,  whichever 
occurs  first,  securing  the  site,  which  means  exit  monitoring  procedures  by  the  inspection  team,  shall 
begin. 

26. Such procedures shall include: the identification of vehicular exits, the making of traffic logs, the 
taking of photographs, and the making of video recordings by the inspection team of exits and exit traffic. 
The inspection team has the right to go, under escort, to any other part of the perimeter to check that there 
is no other exit activity. 

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. 

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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 width, measured outward. 

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  reasonable  effort  to  demonstrate  to  the  inspection 
team that any vehicle, subject to inspection, to which the inspection team is not granted full access, is not 
being used for purposes related to the possible non-compliance concerns raised in the inspection request. 

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 unreasonably hamper or delay the normal operation of the facility. 

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 access. 

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 inspected State Party may indicate to the inspection team 
the  equipment,  documentation,  or  areas  it  considers  sensitive  and  not  related  to  the  purpose  of  the 
challenge inspection. In addition, personnel responsible for the site shall brief the inspection team on the 
physical layout and other relevant characteristics of the site. The inspection team shall be provided with a 
map or sketch drawn to scale showing all structures and significant geographic features at the site. The 
inspection team shall also be briefed on the availability of facility personnel and records. 

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 plan which specifies the activities to be carried out by 
the inspection team, including the specific areas of the site to which access is desired. The inspection plan 
shall also specify whether the inspection team will be divided into subgroups. The inspection plan shall be 
made  available  to  the  representatives  of  the  inspected  State  Party  and  the  inspection  site.  Its 
implementation shall be consistent with the provisions of Section C, including those related to access and 
activities. 

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 perimeter activities in accordance with the procedures 
set  forth  under  this  Section,  and  to  continue  these  activities  until  the  completion  of  the  challenge 
inspection. 

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 from the perimeter. If the inspected 
State  Party  agrees,  the  inspection  team  may  also  have  access  to  any  building  or  structure  within  the 
perimeter  band.  All  directional  monitoring  shall  be  oriented  inward.  For  declared  facilities,  at  the 
discretion of the inspected State Party, the band could run inside, outside, or on both sides of the declared 
perimeter. 

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 to a particular place or places within these 
perimeters shall be negotiated between the inspection team and the inspected State Party on a managed 
access basis. 

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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 arrival of the inspection team  at the point of entry in 
order  to  clarify  the  concern  regarding  possible  non-compliance  with  this  Convention  raised  in  the 
inspection request. 

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  degree  of  access  taking  into  account  any 
constitutional  obligations  it  may  have  with  regard  to  proprietary  rights  or  searches  and  seizures.  The 
inspected State Party has the right under managed access to take such measures as are necessary to protect 
national  security.  The  provisions  in  this  paragraph  may  not  be  invoked  by  the  inspected  State  Party  to 
conceal evasion of its obligations not to engage in activities prohibited under this Convention. 

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 effort to provide alternative means to clarify the 
possible non-compliance concern that generated the challenge inspection. 

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 and discussion of the inspection plan which shall be 
limited to the minimum necessary and in any event shall not exceed three hours. For facilities declared 
pursuant to Article III, paragraph 1 (d), negotiations shall be conducted and managed access commenced 
not later than 12 hours after arrival at the final perimeter. 

44. In carrying out the challenge inspection in accordance with the inspection request, the inspection 
team  shall  use  only  those  methods  necessary  to  provide  sufficient  relevant  facts  to  clarify  the  concern 
about  possible  non-compliance  with  the  provisions  of  this  Convention,  and  shall  refrain  from  activities 
not relevant thereto. It shall collect and document such facts as are related to the possible non-compliance 
with this Convention by the inspected State Party, but shall neither seek nor document information which 
is clearly not related thereto, unless the inspected State Party expressly requests it to do so. Any material 
collected and subsequently found not to be relevant shall not be retained. 

45. The inspection team shall be guided by the principle of conducting the challenge inspection in the 
least intrusive manner possible, consistent with the effective and timely accomplishment of its mission. 
Wherever possible, it shall begin with the least intrusive procedures it deems acceptable and proceed to 
more intrusive procedures only as it deems necessary. 

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  Party,  at  whatever  stage  of  the  inspection 
including the pre-inspection briefing, to ensure that sensitive equipment, information or areas, not related 
to chemical weapons, are protected. 

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 negotiate: the extent of access to any particular place 
or places within the final and requested perimeters as provided in paragraph 48; the particular inspection 
activities,  including  sampling,  to  be  conducted  by  the  inspection  team;  the  performance  of  particular 
activities by the inspected State Party; and the provision of particular information by the inspected State 
Party. 

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  installations  and  prevent  disclosure  of 
confidential  information  and  data  not  related  to  chemical  weapons.  Such  measures  may  include,  inter 
alia: 

(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; 

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(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; the same principle can apply to the 
interior and content of sensitive buildings; 

(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 vehicle to which the inspection team has not had full 
access, or which has been protected in accordance with paragraph 48, is not used for purposes related to 
the possible non-compliance concerns raised in the inspection request. 

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  State  Party,  by  means  of  a  visual 
inspection of the interior of an enclosed space from its entrance, or by other methods. 

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 agreements; 

(b)  For  facilities  without  facility  agreements,  negotiation  of  access  and  activities  shall  be 

governed by the applicable general inspection guidelines established under this Convention; 

(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 paragraphs 47 and 48, has not granted full access to areas 
or structures not related to chemical weapons, it shall make every reasonable effort to demonstrate to the 
inspection  team  that  such  areas  or  structures  are  not  used  for  purposes  related  to  the  possible  non-
compliance concerns raised in the inspection request. 

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  shall  liaise  with  the  Technical  Secretariat  to 
coordinate the arrival of the observer at the same point of entry as the inspection team within a reasonable 
period of the inspection team’s arrival. 

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 inspected State Party or in the Host State or, in 
the case of absence of an embassy, with the requesting State Party itself. The inspected State Party shall 
provide means of communication to the observer. 

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 have access to the inspection site as granted by the 
inspected State Party. The observer shall have the right to make recommendations to the inspection team, 
which the team shall take into account to the extent it deems appropriate. Throughout the inspection, the 
inspection team shall keep the observer informed about the conduct of the inspection and the findings. 

56.  Throughout  the  in-country  period,  the  inspected  State  Party  shall  provide  or  arrange  for  the 
amenities  necessary  for 
interpretation  services, 
the  observer  such  as  communication  means, 
transportation, working space, lodging, meals and medical care. All the costs in connection with the stay 
of  the  observer  on  the  territory  of  the  inspected  State  Party  or  the  Host  State  shall  be  borne  by  the 
requesting State Party. 

Duration of inspection 

57.  The  period  of  inspection  shall  not  exceed  84  hours,  unless  extended  by  agreement  with  the 

inspected State Party. 

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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 promptly to a point of entry and shall then leave 
the territory of the inspected State Party in the minimum time possible. 

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, particularly with regard to the concerns regarding 
possible non-compliance with this Convention cited in the request for the challenge inspection, and shall 
be  limited  to  information directly  related to this  Convention.  It  shall  also  include  an  assessment  by  the 
inspection  team  of  the  degree  and  nature  of  access  and  cooperation  granted  to  the  inspectors  and  the 
extent  to  which this  enabled  them  to  fulfil  the  inspection  mandate.  Detailed  information  relating  to  the 
concerns regarding possible non-compliance with this Convention cited in the request for the challenge 
inspection  shall  be  submitted  as  an  Appendix  to  the  final  report  and  be  retained  within  the  Technical 
Secretariat under appropriate safeguards to protect sensitive information. 

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  account,  inter  alia,  paragraph  17  of  the 
Confidentiality  Annex,  to  the  Director-General.  The  Director-General  shall  promptly  transmit  the 
preliminary inspection report to the requesting State Party, the inspected State Party and to the Executive 
Council. 

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.  The  inspected  State  Party  has  the  right  to 
identify any information and data not related to chemical weapons which should, in its view, due to its 
confidential character, not be circulated outside the Technical Secretariat. The Technical Secretariat shall 
consider proposals for changes to the draft final inspection report made by the inspected State Party and, 
using its own discretion, wherever possible, adopt them. The final report shall then be submitted not later 
than  30  days  after  the  completion  of  the  challenge  inspection  to  the  Director-General  for  further 
distribution and consideration in accordance with Article IX, paragraphs 21 to 25. 

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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  or  X,  shall  be  conducted  in  accordance  with  this 
Annex and detailed procedures to be established by the Director-General. 

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 following information: 

(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 Parties. 

6. If applicable, the Director-General shall notify the State Party on whose territory an investigation 
has been requested. The Director-General shall also notify other States Parties if access to their territories 
might be required during the investigation. 

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  chemical  weapons  and  constantly  keep  this  list 
updated. This list shall be communicated, in writing, to each State Party not later than 30 days after entry 
into force of this Convention and after each change to the list. Any qualified expert included in this list 
shall  be  regarded  as  designated  unless  a  State  Party,  not  later  than  30  days  after  its  receipt  of  the  list, 
declares its non-acceptance in writing. 

8. The Director-General shall select the leader and members of an inspection team from the inspectors 
and  inspection  assistants  already  designated  for  challenge  inspections  taking  into  account  the 
circumstances  and  specific  nature  of  a  particular  request.  In  addition,  members  of  the  inspection  team 
may be selected from the list of qualified experts when, in the view of the Director-General, expertise not 
available  among  inspectors  already  designated  is  required  for  the  proper  conduct  of  a  particular 
investigation. 

9. When briefing the inspection team, the Director-General shall include any additional information 
provided by the requesting State Party, or any other sources, to ensure that the inspection can be carried 
out in the most effective and expedient manner. 

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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  relevant  States  Parties,  request  and  confirm 
arrangements for the safe reception of the team. 

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 the States Parties concerned about the reasons 
for the delay. 

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 arrangements. The inspection plan shall be updated as 
need arises. 

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 the right of access to hospitals, refugee camps and 
other locations it deems relevant to the effective investigation of the alleged use of chemical weapons. For 
such access, the inspection team shall consult with the inspected State Party. 

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, and if so requested by it, the inspected State Party 
shall assist in the collection of samples under the supervision of inspectors or inspection assistants. The 
inspected State Party shall also permit and cooperate in the collection of appropriate control samples from 
areas neighbouring the site of the alleged use and from other areas as requested by the inspection team. 

17. Samples of importance in the investigation of alleged use include toxic chemicals, munitions and 
devices,  remnants  of  munitions  and  devices,  environmental  samples  (air,  soil,  vegetation,  water,  snow, 
etc.) and biomedical samples from human or animal sources (blood, urine, excreta, tissue, etc.). 

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 inspected State Party after the completion of 
the analysis. 

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 notify that State Party about the need for access to its 
territory and request and confirm arrangements for the safe reception of the team. 

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 immediately. If necessary, the period of inspection 
shall  be  extended  until  safe  access  can  be  provided  and  the  inspection  team  will  have  concluded  its 
mission. 

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 have the right to interview eyewitnesses of 
the alleged use of chemical weapons and medical personnel, and other persons who have treated or have 
come into contact with persons who may have been affected by the alleged use of chemical weapons. The 
inspection  team  shall  have  access  to  medical  histories,  if  available,  and  be  permitted  to  participate  in 
autopsies,  as  appropriate,  of  persons  who  may  have  been  affected  by  the  alleged  use  of  chemical 
weapons. 

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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-General.  It  shall further throughout  the  investigation 
send progress reports as necessary. 

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 final report shall be submitted to the Director-
General  not  later  than  30  days  after  its  return  to  its  primary  work  location.  The  Director-General  shall 
promptly transmit the preliminary and final reports to the Executive Council and to all States Parties. 

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  for assistance that  might  be  identified 
during the course of the investigation. 

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 report of an investigation of an alleged use shall include 
a description of the investigation process, tracing its various stages, with special reference to: 

(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 inspection team. 

26.  If  the  inspection  team  collects  through,  inter  alia,  identification  of  any  impurities  or  other 
substances during laboratory analysis of samples taken, any information in the course of its investigation 
that might serve to identify the origin of any chemical weapons used, that information shall be included in 
the report. 

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  Organization shall closely cooperate with the Secretary-
General of the United Nations. If so requested, the Organization shall put its resources at the disposal of 
the Secretary-General of the United Nations. 

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ANNEX ON THE PROTECTION OF CONFIDENTIAL INFORMATION 
(“CONFIDENTIALITY ANNEX”) 

A. GENERAL PRINCIPLES FOR THE HANDLING OF CONFIDENTIAL INFORMATION 

1. The obligation to protect confidential information shall pertain to the verification of both civil and 
military  activities  and  facilities.  Pursuant  to  the  general  obligations  set  forth  in  Article  VIII,  the 
Organization shall: 

(a)  Require  only  the  minimum  amount  of  information  and  data  necessary  for  the  timely  and 

efficient carrying out of its responsibilities under 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, competence, and integrity; 

(c) Develop agreements and regulations to implement the provisions of this Convention and shall 
specify as precisely as possible the information to which the Organization shall be given access by a 
State Party. 

2.  The  Director-General  shall  have  the  primary  responsibility  for  ensuring  the  protection  of 
confidential information. The Director-General shall establish a stringent regime governing the handling 
of  confidential  information  by  the  Technical  Secretariat,  and  in  doing  so,  shall  observe  the  following 
guidelines: 

(a) Information shall be considered confidential if: 

(i)  It  is  so  designated  by  the  State  Party  from  which  the  information  was  obtained  and  to 

which the information refers; or 

(ii) In the judgment of the Director-General, its unauthorized disclosure could reasonably be 
expected  to  cause  damage  to  the  State  Party  to  which  it  refers  or  to  the  mechanisms  for 
implementation of this Convention; 

(b)  All  data  and  documents  obtained  by  the  Technical  Secretariat  shall  be  evaluated  by  the 
appropriate  unit  of the Technical  Secretariat  in  order to  establish  whether they  contain  confidential 
information.  Data  required  by  States  Parties  to  be  assured  of  the  continued  compliance  with  this 
Convention by other States Parties shall be routinely provided to them. Such data shall encompass: 

(i) The initial and annual reports and declarations provided by States Parties under Articles 

III, IV, V and VI, in accordance with the provisions set forth in the Verification Annex; 

(ii) General reports on the results and effectiveness of verification activities; and 

(iii) Information to be supplied to all States Parties in accordance with the provisions of 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 follows: 

(i)  General  information  on  the  implementation  of  this  Convention  may  be  compiled  and 

released publicly in accordance with the decisions of the Conference or the Executive Council; 

(ii) Any information may be released with the express consent of the State Party to which the 

information refers; 

(iii) Information classified as confidential shall be released by the Organization only through 
procedures which ensure that the release of information only occurs in strict conformity with the 
needs of this Convention. Such procedures shall be considered and approved by the Conference 
pursuant to Article VIII, paragraph 21 (i); 

(d)  The  level  of  sensitivity  of  confidential  data  or  documents  shall  be  established,  based  on 
criteria to be applied uniformly in order to ensure their appropriate handling and protection. For this 
purpose,  a  classification  system  shall  be  introduced,  which  by  taking  account  of  relevant  work 
undertaken in the preparation of this Convention shall provide for clear criteria ensuring the inclusion 
of  information  into  appropriate  categories  of  confidentiality  and  the  justified  durability  of  the 
confidential nature of information. While providing for the necessary flexibility in its implementation 
the classification system shall protect the rights of States Parties providing confidential information. 

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A classification system shall be considered and approved by the Conference pursuant to Article VIII, 
paragraph 21 (i); 

(e) Confidential information shall be stored securely at the premises of the Organization. Some 
data  or  documents  may  also  be  stored  with  the  National  Authority  of  a  State  Party.  Sensitive 
information,  including,  inter  alia,  photographs,  plans  and  other  documents  required  only  for  the 
inspection of a specific facility may be kept under lock and key at this facility; 

(f)  To  the  greatest  extent  consistent  with  the  effective  implementation  of  the  verification 
provisions of this Convention, information shall be handled and stored by the Technical Secretariat in 
a form that precludes direct identification of the facility to which it pertains; 

(g) The amount of confidential information removed from a facility shall be kept to the minimum 
necessary  for  the  timely  and  effective  implementation  of  the  verification  provisions  of  this 
Convention; and 

(h) Access to confidential information shall be regulated in accordance with its classification. The 
dissemination of confidential information within the Organization shall be strictly on a need-to-know 
basis. 

3. The Director-General shall report annually to the Conference on the implementation of the regime 

governing the handling of confidential information by the Technical Secretariat. 

4. Each State Party shall treat information which it receives from the Organization in accordance with 
the  level  of  confidentiality  established  for  that  information.  Upon  request,  a  State  Party  shall  provide 
details on the handling of information provided to it by the Organization. 

B. EMPLOYMENT AND CONDUCT OF PERSONNEL IN THE TECHNICAL SECRETARIAT 

5.  Conditions  of  staff  employment  shall  be  such  as  to  ensure  that  access  to  and  handling  of 
confidential information shall be in conformity with the procedures established by the Director-General in 
accordance with Section A. 

6. Each position in the Technical Secretariat shall be governed by a formal position description that 

specifies the scope of access to confidential information, if any, needed in that position. 

7.  The  Director-General,  the  inspectors  and  the  other  members  of  the  staff  shall  not  disclose  even 
after termination of their functions to any unauthorized persons any confidential information coming to 
their  knowledge  in  the  performance  of  their  official  duties.  They  shall  not  communicate  to  any  State, 
Organization  or  person  outside  the  Technical  Secretariat  any  information  to  which  they  have  access  in 
connection with their activities in relation to any State Party. 

8. In the discharge of their functions inspectors shall only request the information and data which are 
necessary to fulfil their mandate. They shall not make any records of information collected incidentally 
and not related to verification of compliance with this Convention. 

9.  The  staff  shall  enter  into  individual  secrecy  agreements  with  the  Technical  Secretariat  covering 

their period of employment and a period of five years after it is terminated. 

10.  In  order  to  avoid  improper  disclosures,  inspectors  and  staff  members  shall  be  appropriately 
advised and reminded about security considerations and of the possible penalties that they would incur in 
the event of improper disclosure. 

11. Not less than 30 days before an employee is given clearance for access to confidential information 
that refers to activities on the territory or in any other place under the jurisdiction or control of a State 
Party, the State Party concerned shall be notified of the proposed clearance. For inspectors the notification 
of a proposed designation shall fulfil this requirement. 

12. In evaluating the performance of inspectors and any other employees of the Technical Secretariat, 
specific attention shall be given to the employee’s record regarding protection of confidential information. 

C. MEASURES TO PROTECT SENSITIVE INSTALLATIONS AND PREVENT DISCLOSURE OF 
CONFIDENTIAL DATA IN THE COURSE OF ON-SITE VERIFICATION ACTIVITIES 

13. States Parties may take such measures as they deem necessary to protect confidentiality, provided 
that they fulfil their obligations to demonstrate compliance in accordance with the relevant Articles and 
the Verification Annex. When receiving an inspection, the State Party may indicate to the inspection team 

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the  equipment,  documentation  or  areas  that  it  considers  sensitive  and  not  related  to  the  purpose  of  the 
inspection. 

14.  Inspection  teams  shall  be  guided  by  the  principle  of  conducting  on-site  inspections  in  the  least 
intrusive manner possible consistent with the effective and timely accomplishment of their mission. They 
shall take into consideration proposals which may be made by the State Party receiving the inspection, at 
whatever  stage  of  the  inspection,  to  ensure  that  sensitive  equipment  or  information,  not  related  to 
chemical weapons, is protected. 

15.  Inspection  teams  shall  strictly  abide  by  the  provisions  set  forth  in  the  relevant  Articles  and 
Annexes governing the conduct of inspections. They shall fully respect the procedures designed to protect 
sensitive installations and to prevent the disclosure of confidential data. 

16.  In  the  elaboration  of  arrangements  and  facility  agreements,  due  regard  shall  be  paid  to  the 
requirement of protecting confidential information. Agreements on  inspection procedures for individual 
facilities shall also include specific and detailed arrangements with regard to the determination of those 
areas of the facility to which inspectors are granted access, the storage of confidential information on-site, 
the scope of the inspection effort in agreed areas, the taking of samples and their analysis, the access to 
records and the use of instruments and continuous monitoring equipment. 

17.  The  report  to  be  prepared  after  each  inspection  shall  only  contain  facts  relevant  to  compliance 
with this Convention. The report shall be handled in accordance with the regulations established by the 
Organization governing the handling of confidential information. If necessary, the information contained 
in  the  report  shall  be  processed  into  less  sensitive  forms  before  it  is  transmitted  outside  the  Technical 
Secretariat and the inspected State Party. 

D. PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES OF CONFIDENTIALITY 

18. The Director-General shall establish necessary procedures to be followed in case of breaches or 
alleged breaches of confidentiality, taking into account recommendations to be considered and approved 
by the Conference pursuant to Article VIII, paragraph 21 (i). 

19.  The  Director-General  shall  oversee  the  implementation  of  individual  secrecy  agreements.  The 
Director-General shall promptly initiate an investigation if, in his judgment, there is sufficient indication 
that obligations concerning the protection of confidential information have been violated. The Director-
General shall also promptly initiate an investigation if an allegation concerning a breach of confidentiality 
is made by a State Party. 

20.  The  Director-General  shall  impose  appropriate  punitive  and  disciplinary  measures  on  staff 
members  who  have  violated  their  obligations  to  protect  confidential  information.  In  cases  of  serious 
breaches, the immunity from jurisdiction may be waived by the Director-General. 

21.  States  Parties  shall,  to  the  extent  possible,  cooperate  and  support  the  Director-General  in 
investigating  any  breach  or  alleged  breach  of  confidentiality  and  in  taking  appropriate  action  in  case  a 
breach has been established. 

22. The Organization shall not be held liable for any breach of confidentiality committed by members 

of the Technical Secretariat. 

23. For breaches involving both a State Party and the Organization, a “Commission for the settlement 
of disputes related to confidentiality”, set up as a subsidiary organ of the Conference, shall consider the 
case.  This  Commission  shall  be  appointed  by  the  Conference.  Rules  governing  its  composition  and 
operating procedures shall be adopted by the Conference at its first session. 

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