The Confidentiality Commission

• Introduction
• Members
• Related documents

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.

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), the Conference elected the following 20 members of the Confidentiality Commission for a term of two years, beginning on 1 January 2011:

Africa

Ambassador Omer Dahab Fadl Mohamed (Sudan)
Mr Lebogang Montjane (South Africa)
Dr Charles Norbert Muzanila (United Republic of Tanzania)
Mr Augustine Oniwon (Nigeria)

Asia

Ms Haruka Katarao (Japan)
Dr Gajula Narendra Kumar (India)
Professor Djamchid Momtaz (Islamic Republic of Iran)
Mr Guangzhou Qu (China)

Eastern Europe

Mrs Nineta Barbulescu (Romania)
Mr Jan Chára (Czech Republic)
Mr Viktor Golovkin (Russian Federation)
Mr Ognemir Stoimenov (Bulgaria)

Latin America and the Caribbean

Mr Jesús M. Cuevillas (Cuba)
Ambassador Fanny de Lourdes Puma Puma (Ecuador)
Mr Mariano Jordan (Argentina)
Mr Camilo Sanhueza (Chile)

Western European and other States

Mr Anthony Aust (United Kingdom of Great Britain and Northern Ireland)
Ms Susan Richey (United States of America)
Professor Ioannis Seimenis (Greece)
Professor Dieter C. Umbach (Germany)