The Confidentiality Commission

Introduction

The Confidentiality Annex to the Convention establishes, as a subsidiary organ of the Conference, a Commission for the settlement of disputes related to confidentiality (the “Confidentiality Commission”). In accordance with paragraph 23 of the Confidentiality Annex, the Conference at its First Session adopted rules governing the composition and operation of the Confidentiality Commission. These rules were adopted as part of the OPCW Policy on Confidentiality.

The Confidentiality Commission has 20 members who are appointed by the Conference. Each State Party may nominate one candidate on the basis of: individual competence, integrity, and background in one or more fields relevant to the work of the Confidentiality Commission (dispute resolution, the confidentiality and verification provisions of the Convention, chemical industry, military security, data security, international law and national legal systems). Prior to appointment by the Conference, all candidates are considered by the regional groups to which their States Parties belong.

Paragraph 23 of the Confidentiality Annex authorises the Confidentiality Commission to consider disputes relating to breaches of confidentiality involving both a State Party and the Organisation. The rules adopted by the Conference allow the Confidentiality Commission to consider two additional categories of dispute: those referred to it by the Conference, in accordance with Article XIV, paragraph 4 of the Convention; and cases where the Confidentiality Commission is chosen by two States Parties in dispute over a matter of confidentiality as a means of resolving their dispute pursuant to Article XIV, paragraph 2.

As of March 2000, the Confidentiality Commission has not been required to consider any disputes. The Commission has, however, drafted detailed operating procedures which have been approved by the Conference. The Conference also appointed the International Bureau of the Permanent Court of Arbitration in The Hague to serve as its Registry, and an agreement on this matter has been concluded between the Court and the OPCW.

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Officers and Members

In accordance with paragraph 23 of the Confidentiality Annex to the Convention and Rule 2(b) of the Operating Procedures of the Confidentiality Commission (C-III/DEC.10/Rev.1, dated 2 December 2004), the Conference elected the following 20 members of the Confidentiality Commission for a term of two years, beginning on 1 January 2009:

Officers

Chairman: Mr Luis Enrique Chávez (Peru)

Vice-Chairs:

Mr Charles Muzanila (United Republic of Tanzania)
Mr Gholamhossein Dehghani (Islamic Republic of Iran)
Mr Valentin Dontchev (Bulgaria)
Mr Christoph Vedder (Germany)

Members

Africa

Ambassador Omer Dahab Fadl Mohamed (Sudan)
Mr Lebogang Montjane (South Africa)
Dr Charles Muzanila (Tanzania)
Mr Austen Oniwon (Nigeria)

Asia

Mr Gholamhossein Dehghani (Islamic Republic of Iran)
Mr Yu Dunhai (China)
Ms Haruka Katarao (Japan)
Dr A.R. Sihag (India)

Eastern Europe

Mr Jan Chára (Czech Republic)
Mr Victor Golovkin (Russian Federation)
Mr Feliks Kovalskyi (Ukraine)
Mr Valentin Tzanev Dontchev (Bulgaria)

Latin America and the Caribbean

Mr Luis Enrique Chávez Basagoitia (Peru)
Mr Jesús M. Cuevillas (Cuba)
Ms Fanny de Lourdes Puma (Ecuador)
Mrs Silvia Raiola (Argentina)

Western European and other States

Mr Christian Arentz (Norway)
Mr Anthony Aust (United Kingdom of Great Britain and Northern Ireland)
Ms Susan Richey (United States of America)
Prof. Christoph Vedder (Germany)

Source: Report of the 13th Session of the Conference of the States Parties; C-13/5

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Related documents

Document Symbol	Title	Date
C-I/DEC.13/Rev.1	OPCW POLICY ON CONFIDENTIALITY	02/02/2006
C-10/DEC.9	AMENDMENTS TO THE OPCW POLICY ON CONFIDENTIALITY	10/11/2005
C-III/DEC.10/Rev.1	OPERATING PROCEDURES OF THE CONFIDENTIALITY COMMISSION	02/12/2004
S/267/2001	AUDIT OF THE SECURE CRITICAL NETWORK	14/08/2001
S/216/2000	REVISION OF CONSIDERATIONS IN RELATION TO SENSITIVE INFORMATION KEPT UNDER LOCK AND KEY AT INSPECTED FACILITIES	05/10/2000
C-V/DG.5	IMPLEMENTATION OF THE REGIME GOVERNING THE HANDLING OF CONFIDENTIAL INFORMATION BY THE SECRETARIAT IN 1999	08/05/2000
C-III/CC.1/Corr.1	REPORT OF THE SECOND MEETING OF THE COMMISSION FOR THE SETTLEMENT OF DISPUTES RELATED TO CONFIDENTIALITY TO THE THIRD SESSION OF THE CONFERENCE OF THE STATES PARTIES Corrigendum	20/11/1998
C-III/CC.1	REPORT OF THE SECOND MEETING OF THE COMMISSION FOR THE SETTLEMENT OF DISPUTES RELATED TO CONFIDENTIALITY TO THE THIRD SESSION OF THE CONFERENCE OF THE STATES PARTIES	16/09/1998
C-II/DEC.14/Corr.1	OPERATING PROCEDURES OF THE CONFIDENTIALITY COMMISSION	19/12/1997
C-II/DEC.14	OPERATING PROCEDURES OF THE CONFIDENTIALITY COMMISSION	05/12/1997

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