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)

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Prosecution

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