S/246/2001

15 March 2001

GENERAL OBLIGATIONS UNDER THE CHEMICAL WEAPONS CONVENTION AND RELATED TASKS

Prioritised checklist for non-possessor States Parties

To do prior to entry into force of the Convention (for the State Party)
		Convention reference	Contact person in the Secretariat
1.	Adopt necessary national implementing legislation, measures:
	- prohibit persons from performing acts prohibited to a State Party (primarily those found under Article I and the Part VI, paragraphs 1-4, of the Verification Annex (VA)	Article VII, 1(a)	Rodrigo Yepes-Enríquez, Legal Adviser 31-70 416 3709 rodrigo.yepes@opcw.org
	- enact penal legislation	Article VII, 1(a)	or Lisa Tabassi, Legal Officer
	- extend penal legislation to cover extraterritorial activities of the State’s nationals	Article VII, 1(c)	31-70 416 3708 tabassi@opcw.org
	- cooperation with and legal assistance to other States Parties: check whether domestic law and the treaties concerning legal assistance concluded with other States allow for the necessary degree of cooperation	Article VII, 2	"
2.	Adopt necessary measures to regulate scheduled chemicals and related facilities:	Article VI, 2
	- Schedule 1:
	- Schedule 1 chemicals can only be produced, acquired, retained, transferred or used for research, medical, pharmaceutical or protective purposes, in justifiable types and quantities, in specified amounts	VA, VI, 2	Rodrigo Yepes-Enríquez, Legal Adviser 31-70 416 3709 rodrigo.yepes@opcw.org
	- Schedule 1 chemicals can only be transferred to another State Party, and only for research, medical, pharmaceutical or protective purposes, and cannot be retransferred to third States	VA VI 3	or Lisa Tabassi, Legal Officer 31-70 416 3708 tabassi@opcw.org
	- all transfers of Schedule 1 chemicals must be reported to the OPCW 30 days in advance (except saxitoxin, see task 22 below)	VA VI 5	"
	- production of Schedule 1 chemicals for research, medical, pharmaceutical or protective purposes can only be carried out at one single small-scale facility (SSSF) approved by the State Party, except:	VA VI 8	"
	- specified quantities of Schedule 1 chemicals for protective purposes may be produced at one approved facility outside the SSSF	VA VI 10	"
	- specified quantities of Schedule 1 chemicals for research, medical or pharmaceutical purposes may be produced outside the SSSF at approved facilities	VA VI 11	"
	- less than 100 g per year per facility of Schedule 1 chemicals may be synthesized for research, medical or pharmaceutical purposes at laboratories, not subject to declaration or verification	VA VI 12	"
	- Schedule 2:		"
	- prohibit transfers of Schedule 2 chemicals to or from States not Party, effective 29 April 2000	VA VII 32	"
	- Schedule 3: - adopt the necessary measures to ensure that Schedule 3 chemicals transferred to States not Party shall only be used for purposes not prohibited, including the requirement for an end-user certificate	VA VIII 26 VA VIII 27	Rodrigo Yepes-Enríquez, Legal Adviser 31-70 416 3709 rodrigo.yepes@opcw.org or Lisa Tabassi, Legal Officer 31-70 416 3708 tabassi@opcw.org
3.	Review existing national regulations in the field of trade in chemicals in order to render them consistent with the object and purpose of the Convention	Article XI, 2(e)	"
4.	Identification of declarable activities: (Identify the companies/facilities which will be affected by the reporting responsibilities under the Convention) - import/export of scheduled chemicals; - production, processing and consumption of scheduled chemicals; - possession of facilities producing unscheduled discrete organic chemicals; - riot control agents		Carlos Trentadue Head of Declarations Branch 31-70 416 3015
To do at entry into force of the Convention (for the State Party)
5.	National implementing legislation/measures: Notify the OPCW of the legislative and administrative measures taken to implement the Convention	Article VII, 5	Rodrigo Yepes-Enríquez, Legal Adviser 31-70 416 3709 rodrigo.yepes@opcw.org
6.	National Authority: Notify the OPCW who the National Authority is (and the date of the national holiday for the forthcoming year)	Article VII, 4	Michael Carling, Head of Operations and Planning Branch tel: 31-70 416 3361 OPB@opcw.org fax: 31-70 416 3408
7.	Point(s) of entry: Notify the OPCW of the designated point(s) of entry for inspections	VA II 16	"
8.	Standing diplomatic clearance number: Notify the OPCW of the standing diplomatic clearance number for non-scheduled aircraft	VA II 22	Michael Carling, Head of Operations and Planning Branch tel: 31-70 416 3361 OPB@opcw.org fax: 31-70 416 3408
To do in the first 30 days after entry into force (for the State Party)
9.	Initial declarations (including nil declarations)	Article III	Carlos Trentadue Head of Declarations Branch 31-70 416 3015
(a)	Declaration on chemical weapons (CW). Submit a declaration stating:		"
	- whether or not the State Party owns or possesses any CW; - whether or not any CW are located in any place under its jurisdiction or control; - any CW on its territory that are owned or possessed by another State and under the jurisdiction or control of another State; - whether or not the State Party has transferred or received, directly or indirectly, any CW since 1 January 1946	Article III 1(a)	"
(b)	Declaration on old chemical weapons (OCW) and abandoned chemical weapons (ACW). Submit a declaration regarding:		"
	- whether or not the State Party has OCW on its territory; and - whether or not there are ACW on its territory; - whether or not it has ACW on the territory of other States	Article III 1(b); VA IV(B) 3 VA IV(B) 8 VA IV(B) 10	"
9.	Initial declarations (including nil declarations) [continued]	Article III	Carlos Trentadue Head of Declarations Branch 31-70 416 3015
(c)	Declaration on chemical weapons production facilities (CWPFs). Submit a declaration regarding:		"
	- whether or not the State Party has or has had any CWPF under its ownership or possession or that is or has been located in any place under its jurisdiction or control at any time since 1 January 1946;	Article III 1(c) VA V 1, 2 & 3 VA V 10	"
	- report any CWPF on its territory that another State has or has had under its ownership and possession and that is or has been located in any place under the jurisdiction or control of another State at any time since 1 January 1946		"
	- whether or not it has transferred or received, directly or indirectly, any CWPF equipment since 1 January 1946;		"
	- provide its general plan for destruction of any CWPF;		"
	- specify actions to be taken for closure of any CWPF it owns or possesses, or that is located in any place under its jurisdiction or control; - provide its general plan for any temporary conversion of any CWPF into a CWDF.		"
(d)	Declaration on other facilities - specify other facilities designed, constructed or used since 1 January 1946 primarily for development of CW, including laboratories and test and evaluation sites	Article III 1(d)	"
(e)	Declaration on riot control agents. Declare the chemicals which the State Party holds for riot control purposes.	Article III 1(e)	"
(f)	Declarations on relevant chemicals and facilities	Article VI, 7	"
	- Declare any Schedule 1 single small-scale facility existing at entry into force;	VA VI 13	"
	- Declare any other Schedule 1 facilities existing at entry into force	VA VI 17	"
9.	Initial declarations (including nil declarations) [continued]	Article III	Carlos Trentadue Head of Declarations Branch 31-70 416 3015
(f)	Declarations on relevant chemicals and facilities [continued]	Article VI, 7	"
	- initial declaration of Schedule 2 chemicals data and Schedule 2 plant sites	VA VII 2(a), 4(a), 5	"
	- initial declaration of Schedule 3 chemicals data and Schedule 3 plant sites	VA VIII 2(a), 4(a), 5	"
	- submit the list of other chemical production facilities producing unscheduled discrete organic chemicals (except sites exclusively producing explosives or hydrocarbons)	VA IX 3	"
To do in the early weeks
10.	Acknowledge lists received from the Secretariat. Immediately acknowledge receipt of the list of proposed inspector/ inspection assistants (within 30 days of the date of acknowledgement, the State Party should inform the Secretariat in writing of its acceptance of/objection to each proposed inspector/inspection assistant or the Secretariat will deem them accepted)	VA II 2	Michael Carling, Head of Operations and Planning Branch tel: 31-70 416 3361 OPB@opcw.org fax: 31-70 416 3408
11.	Visas/access. Provide multiple entry/exit/transit visas (valid for at least two years) to each inspector/inspection assistant and such other documents to enable them to enter and remain on the State Party’s territory for routine inspections and grant access to facilities as required in the Verification Annex.	VA II 10 Article VI, 9 VA II	Nazir Hussain Head of Protocol Branch 31-70 416 3772
12.	Special handling of confidential documents. Respond to the Director-General’s request for details on the State Party’s procedure for handling of information and data provided to it in confidence by the OPCW.	Article VII, 6 and Confidentiality Annex, para. 4	Andrew Beckett Head of Office of Confidentiality and Security, 31-70 416 3291
13.	Bilateral agreement on privileges and immunities. Bilateral agreement with the OPCW concerning the legal capacity of the OPCW and the privileges and immunities of the OPCW and persons referred to in Article VIII.	Article VIII, 50	Maria Luisa Martinod-Jacome, Legal Officer, 31-70 416 3782 legal@opcw.org or Samir Mechken, Legal Assistant 31-70 416 3732 legal@opcw.org
14.	Assessed contribution for OPCW activities	Article VIII, 7	Shamsul Haque, Budget Officer 31-70 416 3205 budget@opcw.org or Frans van Dalsum, Finance Assistant 31-70 416 3785
15.	Designation of the Permanent Representative. Submit credentials of the Permanent Representative to the Director-General and notify the Secretariat of the members of the mission.	Article VIII, 49	Nazir Hussain Head of Protocol Branch 31-70 416 3772

1. The additional obligations for possessor States Parties have been flagged with footnotes and the relevant Convention reference.

2. Tasks are listed in order of the deadline stipulated in the Convention. However, depending upon the State Party’s internal structure, some tasks with deadlines later in time may require significant advance preparations in order to meet the deadline, e.g., establishment of (and budget for) the National Authority, budget for the State’s contribution to the OPCW, etc.

3. At the discretion of the State Party, this does not apply to chemical weapons buried on its territory before 1 January 1977 and which remain buried, or which had been dumped at sea before 1 January 1985 (Article III, paragraph 2).

4. Possessor States Parties should also refer to Article IV of the Convention and Part IV(A) of the Verification Annex for additional obligations.

5. At the discretion of the State Party, this does not apply to chemical weapons buried on its territory before 1 January 1977 and which remain buried, or which had been dumped at sea before 1 January 1985 (Article III, paragraph 2).

6. Possessor States Parties should also refer to Article V of the Convention and Part V of the Verification Annex for additional obligations.

7. At the discretion of the State Party, this does not apply to chemical weapons buried on its territory before 1 January 1977 and which remain buried, or which had been dumped at sea before 1 January 1985 (Article III, paragraph 2).

8. States Parties which produced at any time since 1 January 1946 a Schedule 2 chemical for CW purposes should also refer to VA VII 9 for additional obligations.

9. States Parties which produced at any time since 1 January 1946 a Schedule 3 chemical for CW purposes should also refer to VA VIII 9 for additional obligations.

10. Article IV and V facility agreements (except CWDF) shall be completed not later than 180 days after EIF for the State Party or not later than 180 days after the facility has been declared for the first time (see VA III 4 and 8).

11.States Parties temporarily converting a CWPF to a CWDF should refer to VA V 20 for additional annual obligations.
.States Parties which have completed conversion of a CWPF to purposes not prohibited should refer to VA V 85 for additional annual obligations.

12.States Parties destroying CW should refer to Article IV(7)(a) and VA IV(A) 29 for additional annual obligations.
States Parties destroying a CWPF should refer to VA V 8 for additional annual obligations.

13.States Parties destroying CW should refer to Article IV(7)(b) and VA IV(A) 36 for additional annual obligations.
States Parties destroying a CWPF should refer to Article V(9)(b) and VA V 9 for additional annual obligations.

14.For transfers of the Schedule 1 chemical saxitoxin in quantities of 5 milligrams or less, effective 31 October 1999 the change made to the Convention under Article XV, paragraphs 4 and 5, entered into force:

New paragraph 5bis of Section B, Part VI of the Verification Annex to the Convention

"For quantities of 5 milligrams or less, the Schedule 1 chemical saxitoxin shall not be subject to the notification period in paragraph 5 if the transfer is for medical/diagnostic purposes. In such cases, the notification shall be made by the time of transfer."