Universality

The Chemical Weapons Convention on Exports and Imports of Chemicals

1. The Chemical Weapons Convention attempts to strike a balance between the desire to promote free trade in chemicals and the undertaking given by each of its Member States never, under any circumstances, to transfer, directly or indirectly, chemical weapons to anyone or to assist, encourage or induce, in any way, anyone to engage in any activity prohibited under the Convention. The term chemical weapons includes not only the weapons systems, but also the toxic chemicals used to fill them and any precursor chemicals.

2. The Convention, therefore, contains provisions covering the export and import of certain chemicals. These chemicals are listed in three schedules (lists) which form an integral part of the Convention. The first schedule contains chemicals which are known to have been developed or used as chemical weapons or are the immediate precursor compounds used in the production of chemical weapons. None of the compounds on this schedule are known to have any significant legitimate commercial use in quantities above one tonne per year.

3. Under the Convention Schedule 1 chemicals may only be acquired on the territory of a State Party and can only be transferred to other States Parties. All transfers are subject to advance notification and annual declaration. Re-export is not permitted. These restrictions apply irrespective of the amount to be transferred or the concentration of the chemical if transferred in a mixture. Transfer to any State not party to the Convention is forbidden under any circumstances.

4. Some examples of legitimate uses of small quantities of Schedule 1 chemicals are as follows:

(a) saxitoxin. This natural toxin is one of the reference standards routinely acquired by public health authorities in order to test shellfish for the toxins responsible for paralytic shell-fish poisoning (PSP). PSP toxins accumulate in the shellfish during periods of certain algae blooms (“red tides”). Testing is essential to prevent deadly poisoning of humans consuming the shellfish. In addition, many countries importing shellfish make testing a prerequisite to allowing any such import.
(b) ricin. This natural toxin is used in medical and pharmaceutical research and in the development of treatments of certain types of cancers as well as AIDS.
(c) mustine. Mustine is a component of mustine hydrochloride which is widely used for the treatment of certain types of cancer by chemotherapy.

5. Schedule 2 contains chemicals which are considered to pose a significant risk to the object and purpose of the Convention but which also have legitimate commercial uses in quantities in excess of one tonne per year. They are often traded as mixtures or in formulations.

6. Since 29 April 2000, Schedule 2 chemicals may only be exported or imported to/from other States Parties. In a decision taken in May 2000 by the Conference of the States Parties of the CWC, it was clarified that this prohibition also applies to mixtures containing Schedule 2B chemicals in concentrations above 10 per cent, the only exception being consumer goods packaged for retail sale for personal use or packaged for individual use.

7. Some examples of why a State Party might wish to import or export these chemicals, either as pure compounds or as components in formulations, are as follows:

(a) dimethyl methylphosphonate (DMMP), DMMP is used directly as a flame retardant for fabrics (e.g. seat covers, curtains, clothes, etc.). It is an important ingredient for the preparation of formulations (mixtures) such as automotive specialty lubricants and oils. It is also a raw material for the production of agricultural chemicals including pesticides.
(b) thiodiglycol. This chemical is widely employed in water based dyes for the cloth manufacturing industries, including the rural industries of developing countries. It is a key component in water based inks used in the manufacture of felt tip pens and in certain printing inks. It is also a starting chemical for the production of specialty resins and adhesives, and is used as a lubricant additive.
(c) arsenic trichloride. Arsenic trichloride is the key starting material for the production of most arsenic containing insecticides, fungicides, herbicides, rodentocides and defoliants.
(d) methyl phosphonic acid. This chemical is used as a starting material for the production of the herbicide glyphosate and the sugar cane ripener glyphosine.

8. Schedule 3 contains chemicals which are considered to pose a risk to the object and purpose of the Convention but which are typically manufactured in very large quantities for legitimate commercial purposes.

9. Schedule 3 chemicals may only be exported to a state not party if that state issues an end-use certificate.

10. The world-wide trade in Schedule 3 chemicals and products containing them is vast, involving such product groups as pesticides, pharmaceuticals, toiletries, resins and plastics, urethanes, adsorbent, antistatic agents, acrylics, preparations used in leather tannery, surfactants, corrosion inhibitors, materials used in gold extraction, vulcanising agents and many more. Some examples of reasons why a State Party might wish to import or export these chemicals, either as pure compounds or as components in formulations, are as follows:

(a) trimethyl phosphite (TMP), TMP is used as a flame retardant in the manufacture of flame resistant plastic and rubber products. It is used as an optical brightener, viscosity modifier and antioxidant in the manufacture of numerous products, ranging from lubricants to paints. It is also a raw material for the manufacture of agricultural and pesticide products.
(b) sulfur monochoride. This chemical is a vulcanising agent used in the manufacture of specialist rubber products, including tires, hoses, and electrical cable covers. It is also a raw material for production of sulfide products ranging from fungicides to cosmetics additives and dyes, and it is used as a treatment for vegetable oils and to harden softwoods.
(c) triethanolamine. Triethanolamine is a component of many formulations used by industries producing chemicals from natural gas or petroleum. Oil refineries use it to remove sulfur. It is very widely used in such products as oil drilling emulsions, cutting oils, automotive coolants, surface active agents, textile specialties, waxes and polishes, herbicides, cements, pharmaceutical products and toiletries.

11. The Convention does not contain specific provisions on exports and imports of non-scheduled chemicals, nor on chemical production equipment and technologies. States Parties have, however, undertaken not to assist in the proliferation of chemical weapons capabilities and are required to “adopt the necessary measures” to implement this undertaking, including through prohibitions and penal legislation. Consequently, unilateral legislation may be adopted by Member States establishing additional restrictions on the trade of non-scheduled chemicals, equipment and technologies which will have an impact on any country, particularly developing countries that are not States Parties of the Chemical Weapons Convention.