Checklist for Legislators

As the legislator will notice in reviewing this checklist, the Convention may impact several areas of law, depending upon the State Party's legal system, for instance: constitutional law, civilian and military statutes and penal codes, customs, immigration and administrative law, civil and criminal procedure.

Measures Required - Article VII

  • Prohibitions:

    • to develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone
    • to use chemical weapons
    • to engage in any military preparations to use chemical weapons
    • to assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under the Convention
    • to use riot control agents as a method of warfare
    • to produce, acquire, retain or use Schedule 1 chemicals outside the territories of States Parties or transfer such chemicals outside the States Party's territory except to another State Party
    • to produce, acquire, retain, transfer or use Schedule 1 chemicals except for the purposes listed in VA VI (A)(2)(a)-(d)
    • to retransfer Schedule 1 chemicals
    • to transfer Schedule 1 chemicals outside the regime established by VA VI (B)(5) and VI (B)(5 bis)
    • to produce Schedule 1 chemicals outside the regime established by VA VI (C)
    • to transfer to or receive from States not Party Schedule 2 chemicals
    • to transfer to States not Party Schedule 3 chemicals without first receiving an end-user certificate from the competent government authority of the State not Party.

  • penal provisions
  • extraterritorial application to nationals (natural persons)

Other Necessary Measures

  • definition of chemical weapons
  • definition of toxic chemical
  • definition of 'purposes not prohibited under this Convention'
  • arrangements enabling legal assistance to other States Parties
  • designate or establish the National Authority
  • mandatory reporting by natural and legal persons of information to the National Authority needed for declarations and notifications to the OPCW:

    • initial and annual declarations of scheduled chemicals and facilities

  • regime for scheduled chemicals:

    • regulation of Schedule 1 production/use
    • criteria for Schedule 2 declarations (thresholds, mixtures - low concentrations)
    • criteria for Schedule 3 declarations (thresholds, mixtures - low concentrations)
    • import/export controls

  • licensing of industry
  • access to facilities
  • respect for privileges and immunities of inspectors of the OPCW, delegates and staff
  • protection of confidential information
  • mandate and enforcement powers of the National Authority
  • annual submission of information on national protective programmes
  • primacy of the Convention
  • liability
  • enabling inspections (and penalties for interfering with the inspection process or falsifying information)

Legislation/Regulations to Review

Existing legislation and/or regulations would need to be reviewed to render them consistent with the object and purpose of the Convention. Legislators should consider:

  • recognition of the legal capacity, privileges and immunities of the OPCW, delegates and staff, including inspection teams
  • granting of multiple entry/exit/transit visas (valid for at least two years) to each inspector/inspection assistant
  • entry and exit of inspection equipment
  • use of inspection equipment
  • custody and transfer of samples
  • standing diplomatic clearance number for non-scheduled aircraft
  • trade in chemicals
  • allocate funds to pay assessed contribution to OPCW budget

Upon Completion

Each time legislation is completed, amended or supplemented, legislators must:

  • inform the OPCW of the legislative and administrative measures taken to implement the Convention
  • provide the text of national implementing legislation

Obligations - Article III, IV, V

There are several obligations of particular importance for States Parties engaged in chemical weapons destruction or chemical weapons production facilities (CWPF) destruction and or conversion activities such as:

  • ensuring the safety of people and protecting the environment, including site security (storage and destruction facilities)
  • CW, CWPF and CWSF declarations
  • enabling inspections (and penalties for interfering with the inspection process or falsifying information)

To top


The violations of the provisions of the Chemical Weapons Convention are prosecuted under the relevant national laws.