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.
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, dated 27 November 1998), the Conference elected the following 20 members of the Confidentiality Commission for a term of two years beginning on 1 January 2007:
Africa
Mr Abderrahim Chakour ( Morocco )
Mr Austen O. Oniwon ( Nigeria )
Dr Charles Muzanila ( Tanzania )
Prof. Victor Mtetwa ( Swaziland )
Asia
Mr Tatsuya Abe ( Japan )
Mr Gholamhossein Dehghani (the Islamic Republic of Iran )
Mr Dai Huaicheng ( China )
Mr Krishnamurthy Sekhar ( India )
Eastern Europe
Mr Victor Golovkin (the Russian Federation )
Mr Feliks Kovalskyi ( Ukraine )
Mr Georgy Mihov ( Bulgaria )
Dr Kvetoslava Pamánková (the Czech Republic )
Latin America and the Caribbean
Mr Luis Enrique Chávez Basagoitia (Peru)
Ms Fanny Lourdes Puma Puma (Ecuador)
Ms Anna María Cerini (Argentina)
Mr Bennsy Cruz Sánchez ( Cuba )
Western European and Other States
Mr Christian Arentz ( Norway )
Prof. Ioannis Seimenis ( Greece )
Dr Gianfranco Tracci ( Italy )
Prof. Christoph Vedder ( Germany )
Source: Report of the 11th Session of the Conference of the States Parties; C-11/5



