Law:Chemical Weapons Convention Implementation Act

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S.c. 1995, c. 25

Assented to 1995-07-13

An Act to implement the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the Chemical Weapons Convention Implementation Act.


Interpretation

Definitions

2. (1) In this Act,

“Convention”

« Convention »

“Convention” means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, signed at Paris, France on January 13, 1993, as amended from time to time pursuant to Article XV of the Convention and portions of which are set out in the schedule to this Act;

“international inspector”

« inspecteur international »

“international inspector” means a person who holds a certificate issued by the Minister under section 12;

“Minister”

« ministre »

“Minister” means such member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council to be the Minister for the purposes of this Act;

“National Authority”

« autorité nationale »

“National Authority” means the portion of the federal public administration designated as the National Authority for Canada under subsection 3(1);

“place”

« lieu »

“place” includes any means of transport;

“prescribed”

Version anglaise seulement“prescribed” means prescribed by the regulations;

“representative of the National Authority”

« représentant de l’autorité nationale »

“representative of the National Authority” means a representative of the National Authority designated under subsection 3(2).

Other words and expressions

(2) Unless the context otherwise requires, all words and expressions used in this Act have the same meaning as in the Convention.

Convention provisions prevail where inconsistency

(3) In the event of any inconsistency between the provisions set out in the schedule and the provisions of the Convention, the provisions of the Convention prevail.

1995, c. 25, s. 2; 2003, c. 22, s. 224(E).

Previous Version

National Authority

National Authority

3. (1) For the purposes of implementing Canada’s obligations under the Convention and of giving effect to paragraph 4 of Article VII of the Convention, the Minister may designate any portion of the federal public administration to be the National Authority for Canada.

Representatives

(2) For the purposes of implementing Canada’s obligations under the Convention, the Minister

(a) may designate persons or classes of persons to act as representatives of the National Authority; and

(b) shall furnish every representative of the National Authority with a certificate of designation.

Contents of certificate

(3) A certificate of designation must indicate the places or classes of places that the holder of the certificate is authorized to have access to for the purposes of this Act and any conditions applicable to the holder’s activities under the certificate that the Minister considers advisable for those purposes.

Identification required

(4) Every holder of a certificate of designation shall, on request of the person in charge of a place to be entered by the holder under this Act, show the certificate to that person.

1995, c. 25, s. 3; 2003, c. 22, s. 224(E).

Previous Version

Purpose Of Act

Implementation of Convention

4. The purpose of this Act is to implement Canada’s obligations under the Convention.


Her Majesty

Binding on Her Majesty

5. This Act is binding on Her Majesty in right of Canada or a province.


Chemical Weapons And Riot Control Agents

Chemical weapons

6. No person shall

(a) develop, produce, otherwise acquire, stockpile or retain a chemical weapon, or transfer, directly or indirectly, a chemical weapon to anyone;

(b) use a chemical weapon;

(c) engage in any military preparations to use a chemical weapon; or

(d) assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under the Convention.

Riot control agents

7. No person shall use a riot control agent as a method of warfare.


Toxic Chemicals And Precursors

Schedule 1 toxic chemicals and precursors

8. (1) Except as authorized by or pursuant to any regulations made under paragraph 18(a), no person shall produce, use, acquire or possess a toxic chemical or precursor listed in Schedule 1 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention.

Export or import

(2) Except as authorized under the Export and Import Permits Act, no person shall export or import a toxic chemical or precursor listed in Schedule 1 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention.

Schedule 2 toxic chemicals and precursors

9. Except as authorized under the Export and Import Permits Act, no person shall export or import a toxic chemical or precursor listed in Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention.

Schedule 3 toxic chemicals and precursors

10. Except as authorized under the Export and Import Permits Act, no person shall export or import a toxic chemical or precursor listed in Schedule 3 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention.


Information And Documents

Information and documents

11. Every person who does anything under an authorization referred to in section 8 or who produces, possesses, consumes, exports or imports a toxic chemical or precursor listed in Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention or who produces, exports or imports a toxic chemical or precursor listed in Schedule 3 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention or who produces a discrete organic chemical or who holds a riot control agent for riot control purposes shall

(a) provide the prescribed information, at the prescribed time and in the prescribed form, to the National Authority or to such other portion of the federal public administration as the Minister may by order authorize to collect the information; and

(b) keep and maintain the prescribed documents in Canada, at the person’s place of business or at such other place as may be designated by the Minister, in the prescribed manner and for the prescribed period and, on request by the Minister or the National Authority, provide the documents to the National Authority.

1995, c. 25, s. 11; 2003, c. 22, s. 224(E).

Previous Version

Inspections

International inspectors

12. (1) The Minister shall issue to every person who is a member of an inspection team of the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons that has been authorized under the Convention to conduct on behalf of the Organization inspections in Canada a certificate

(a) identifying the person by name and indicating the person’s status and authority to conduct inspections in Canada;

(b) specifying the privileges and immunities applicable to the person; and

(c) setting out such other information and any conditions applicable to the person’s inspection activities in Canada as the Minister considers advisable.

Identification required

(2) Every international inspector shall, on request of the person in charge of a place to be inspected by the international inspector, show the certificate to that person.

Inspections

13. (1) Subject to this Act, an international inspector may, at any reasonable time and consistent with the provisions of the Convention,

(a) enter any place in Canada

(i) in respect of which information has been provided under section 11,

(ii) that is subject to an on-site challenge inspection referred to in paragraph 8 of Article IX of the Convention, or

(iii) in respect of which an investigation under paragraph 9 of Article X of the Convention has been initiated;

(b) inspect the place in a manner consistent with the provisions of the Convention and any facility agreement applicable to the place; and

(c) where appropriate, install, use and maintain in respect of any such place monitoring instruments, systems and seals in a manner consistent with the provisions of the Convention and any facility agreement applicable to the place.

Inspector may be accompanied

(2) While carrying out a challenge inspection, an international inspector may be accompanied by an observer for the purposes of giving effect to paragraph 12 of Article IX of the Convention.

National Authority representative powers in relation to inspection

14. (1) In order to facilitate the conduct of an inspection under section 13, a representative of the National Authority may accompany an international inspector and may direct any person who is in control of the place being inspected to

(a) provide the international inspector with access to any area, container or thing in the place being inspected;

(b) permit the international inspector to examine any thing in the place being inspected;

(c) permit the international inspector to make copies of any information contained in the records, files, papers or electronic information systems kept or used in relation to the place being inspected and to remove the copies from the place;

(d) permit the international inspector to have photographs taken of any thing in the place being inspected and to remove the photographs from the place;

(e) permit the international inspector to interview any person in the place being inspected; and

(f) take or permit the international inspector to take samples for analysis of any thing in the place being inspected and permit the international inspector to remove the samples for analysis outside the place.

Direction to be complied with

(2) Every person to whom a direction is given under subsection (1) shall comply with the direction.

False statements, obstruction

(3) While an international inspector is conducting an inspection under this Act, no person shall

(a) knowingly make any false or misleading statement to the inspector or to the representative of the National Authority accompanying the inspector in relation to the place or thing being inspected; or

(b) wilfully obstruct the inspection, by act or omission.

Direction not statutory instrument

(4) A direction under subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act.

Warrant required where refusal of entry

15. (1) A representative of the National Authority or an international inspector may not enter a place referred to in section 13 without the consent of the person who is in control of the place except under the authority of a warrant issued under subsection (2).

Authority to issue warrant

(2) Where, on ex parte application, a justice is satisfied by information on oath that

(a) a place referred to in section 13 meets the conditions for entry described in that section,

(b) entry to the place is necessary for any purpose relating to the administration of this Act or the regulations, and

(c) entry to the place has been refused or there are reasonable grounds to believe that entry will be refused,

the justice may issue a warrant authorizing the representative of the National Authority and the international inspector named in it to enter the place for the purposes of the inspection referred to in section 13, subject to such conditions as may be specified in the warrant.

When warrant not required

(3) A warrant authorizing entry into a place referred to in section 13 is not required if the conditions for obtaining the warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain the warrant.

Use of force

(4) In executing a warrant issued under subsection (2), a representative of the National Authority or an international inspector shall not use force unless the representative or inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.


Disclosure Of Information

Notice for disclosure of information

16. (1) The Minister may send a notice to any person who the Minister believes on reasonable grounds has information or documents relevant to the enforcement of this Act, requesting the person to provide the information or documents to the Minister.

Compliance with notice

(2) A person who receives a notice referred to in subsection (1) shall provide the requested information and documents to the Minister in the form and within the time specified in the notice.

Privileged information

17. (1) Information and documents obtained pursuant to this Act or the Convention are privileged.

Exception

(2) Information and documents are not privileged to the extent that they are required to be disclosed or communicated for the purposes of an emergency involving public safety.

Prohibition

(3) No person in possession of privileged information or documents shall knowingly, without the written consent of the person from whom they were obtained, communicate them or allow them to be communicated to any person, or allow any person to have access to them, except

(a) for the purpose of the enforcement of this Act or of giving effect to the Convention; or

(b) pursuant to an obligation of the Government of Canada under the Convention.

Evidence in legal proceedings

(4) Notwithstanding any other Act or law, no person shall be required, in connection with any legal proceedings, to produce any statement or other record containing privileged information or documents, or to give evidence relating to them, unless the proceedings relate to the enforcement of this Act.


Regulations

Regulations

18. The Governor in Council may make regulations for carrying out and giving effect to the provisions of the Convention and, without limiting the generality of the foregoing, may make regulations

(a) prescribing conditions under which activities referred to in subsection 8(1) may be carried on, providing for the issue, suspension and cancellation of licences governing the carrying on of any such activity and prescribing the fees or the manner of calculating the fees to be paid in respect of any such licence;

(b) respecting the procedures to be followed by representatives of the National Authority in exercising their functions under this Act; and

(c) prescribing anything that by this Act is to be prescribed.


Amendments To The Convention

Publication required

19. The Minister shall, as soon as practicable after any amendment to the Convention is made pursuant to Article XV of the Convention, cause a copy of the amendment to be published in the Canada Gazette.


Enforcement

Punishment

20. Every person who contravenes any provision of this Act is guilty of an offence and liable

(a) on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding eighteen months, or to both; or

(b) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding five years, or to both.

Criminal Code provisions apply

21. For greater certainty, the provisions of the Criminal Code apply for the purposes of enforcing this Act.

Offence outside Canada

22. Every individual who commits, outside Canada, an act or omission that would, if committed in Canada, be an offence under this Act, shall, if the individual is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, be deemed to have committed that act or omission in Canada.

1995, c. 25, s. 22; 2001, c. 27, s. 227.

Forfeiture

23. (1) Where a person has been convicted of an offence under this Act, any thing seized by means of which or in respect of which the offence was committed is forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister directs.

Forfeiture with consent

(2) Where any thing has been seized by means of which or in respect of which an offence has been committed under this Act and the owner of the thing, or the person in whose possession the thing was at the time of seizure, consents in writing to its forfeiture, the thing is forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister directs.

Limitation period for summary conviction offences

24. Proceedings by way of summary conviction may be instituted at any time within, but not later than, two years after the day on which the subject-matter of the proceedings arose.

Continuing offence

25. Where an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

Venue

26. A complaint or an information in respect of an offence under this Act may be dealt with by any competent court of criminal jurisdiction if the accused is resident or carrying on business within the territorial jurisdiction of that court, even though the subject-matter of the complaint or information did not arise in that territorial jurisdiction.


Coming Into Force

Coming into force

Schedule

(Section 2)


Provisions Of Convention

Article Ii

Definitions And Criteria

For the purposes of this Convention:

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

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

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

(c) Any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (b).

2. “Toxic Chemical” means:

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

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

3. “Precursor” means:

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

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

4. “Key Component of Binary or Multicomponent Chemical Systems” (hereinafter referred to as “key component”) means:

The precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.

5. “Old Chemical Weapons” means:

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

(b) Chemical weapons produced in the period between 1925 and 1946 that have deteriorated to such extent that they can no longer be used as chemical weapons.

6. “Abandoned Chemical Weapons” means:

Chemical weapons, including old chemical weapons, abandoned by a State after 1 January 1925 on the territory of another State without the consent of the latter.

7. “Riot Control Agent” means:

Any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure.

8. “Chemical Weapons Production Facility”:

(a) Means any equipment, as well as any building housing such equipment, that was designed, constructed or used at any time since 1 January 1946:

(i) As part of the stage in the production of chemicals (“final technological stage”) where the material flows would contain, when the equipment is in operation:

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

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

or

(ii) For filling chemical weapons, including, inter alia, the filling of chemicals listed in Schedule 1 into munitions, devices or bulk storage containers; the filling of chemicals into containers that form part of assembled binary munitions and devices or into chemical submunitions that form part of assembled unitary munitions and devices, and the loading of the containers and chemical submunitions into the respective munitions and devices;

(b) Does not mean:

(i) Any facility having a production capacity for synthesis of chemicals specified in subparagraph (a) (i) that is less than 1 tonne;

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

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

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

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

(b) Protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;

(c) Military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare;

(d) Law enforcement including domestic riot control purposes.

10. “Production Capacity” means:

The annual quantitative potential for manufacturing a specific chemical based on the technological process actually used or, if the process is not yet operational, planned to be used at the relevant facility. It shall be deemed to be equal to the nameplate capacity or, if the nameplate capacity is not available, to the design capacity. The nameplate capacity is the product output under conditions optimized for maximum quantity for the production facility, as demonstrated by one or more testruns. 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.

Annex On Chemicals

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, subparagraph 1 (a), these Schedules do not constitute a definition of chemical weapons.

(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      (107-44-8)

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

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

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

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

phosphoramidocyanidate (77-81-6)

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

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

(Me, Et, n-Pr or i-Pr) phosphonothiolates and

corresponding alkylated or protonated salts

e.g. VX: O-Ethyl S-2-diisopropylaminoethyl

methyl phosphonothiolate      (50782-69-9)

(4) Sulfur mustards:

2-Chloroethylchloromethylsulfide      (2625-76-5)

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

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

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

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

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

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

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

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

(5) Lewisites:

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

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

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

(6) Nitrogen mustards:

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

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

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

(7) Saxitoxin      (35523-89-8)

(8) Ricin      (9009-86-3)

B. Precursors:

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

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

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

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

(Me, Et, n-Pr or i-Pr) phosphonites and

corresponding alkylated or protonated salts

e.g. QL: O-Ethyl O-2-diisopropylaminoethyl

methylphosphonite      (57856-11-8)

(11) Chlorosarin: O-Isopropyl methylphosphonochlo-

ridate      (1445-76-7)

(12) Chlorosoman: O-Pinacolyl methylphosphonochlo-

ridate      (7040-57-5)

Schedule 2

A. Toxic chemicals:

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

phosphorothiolate and corresponding alkylated

or protonated salts      (78-53-5)

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

propene      (382-21-8)

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

B. Precursors:

(4) Chemicals, except for those listed in Schedule 1,

containing a phosphorus atom to which is bonded

one methyl, ethyl or propyl (normal or iso) group but

not further carbon atoms,

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

Dimethyl methylphosphonate      (756-79-6)

Exemption: Fonofos: O-Ethyl S-phenyl

ethylphosphonothiolothionate      (944-22-9)

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

dihalides

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

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

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

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

(9) Quinuclidin-3-ol      (1619-34-7)

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

and corresponding protonated salts

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

and corresponding protonated salts

Exemptions: N,N-Dimethylaminoethanol      (108-01-0)

and corresponding protonated salts

N,N-Diethylaminoethanol      (100-37-8)

and corresponding protonated salts

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

and corresponding protonated salts

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

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

Schedule 3

A. Toxic chemicals:

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

(2) Cyanogen chloride      (506-77-4)

(3) Hydrogen cyanide      (74-90-8)

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

B. Precursors:

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

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

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

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

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

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

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

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

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

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

(15) Ethyldiethanolamine      (139-87-7)

(16) Methyldiethanolamine      (105-59-9)

(17) Triethanolamine      (102-71-6)

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 tpes of specialized equipment;

(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.

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

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.


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