National Implementing Legislation

The Office of the Legal Adviser wishes to announce that National Authorities and legislative drafters can contact the Legislation Helpdesk with questions about national implementing legislation for the Chemical Weapons Convention.

The Legislation Helpdesk can be reached by e-mail (legal@opcw.org), telephone (+ 31 70 416 3814 or +31 70 416 3824), or fax (+ 31 70 416 3824).

All States Parties are required under Article VII, paragraph 1, of the Chemical Weapons Convention (the CWC or Convention), to adopt the necessary measures to implement the CWC (including the enactment of penal legislation) and to inform the OPCW of the legislative and administrative measures it has taken.

It has become generally apparent that, regardless of the State Party’s legal system (that is, monist or dualist), national implementing legislation is necessary to, inter alia, compel the submission of the information needed for an accurate national declaration and for export/import controls under the Chemical Weapons Convention.

Experience in implementing the Convention since its entry into force in 1997 has shown that comprehensive implementing legislation is the State Party’s key to: (a) obtaining reliable, complete information from the chemical industry on activities declarable under the CWC; (b) prosecuting violations of Convention norms, including terrorist activity involving the use of toxic chemicals; and (c) international cooperation and assistance in enforcing CWC norms.

The format and extent of the legislation will be dependent upon the State Party’s legal system, the extensiveness of its declarable chemical industry, and whether it possesses chemical weapons. In particular, it is highly recommended that States Parties possessing chemical weapons adopt all measures necessary for ensuring that the weapons are stored securely and destroyed safely.