A stringent regime governs the handling of confidential information at the OPCW. The OPCW Policy on Confidentiality is essential to the work of the Organisation because of the intrusive verification measures that are aimed at promoting confidence in compliance with the Convention while respecting States Parties’ legitimate concerns about sensitive information. The Policy addresses the need for disclosure of appropriate information to the OPCW to demonstrate compliance with the Convention while ensuring confidential information provided by States Parties is appropriately protected.
In case of breaches or alleged breaches of confidentiality, procedures are in place to determine its cause and impacts. The Confidentiality Annex to the Convention establishes, as a subsidiary organ of the Conference, a Commission for the settlement of disputes related to confidentiality. The Confidentiality Commission plays an essential part in upholding trust in the OPCW’s confidentiality regime.
The Confidentiality Annex authorises the Confidentiality Commission to consider disputes relating to breaches of confidentiality involving both a State Party and the Organisation. The rules adopted by the Conference allow the Confidentiality Commission to consider two additional categories of dispute: those referred to it by the Conference, and cases where the Confidentiality Commission is chosen by two States Parties in dispute over a matter of confidentiality as a means of resolving their dispute.
A Group of Independent Experts
The Confidentiality Commission has 20 members who are appointed by the Conference. Each State Party may nominate one candidate on the basis of: individual competence, integrity, and background in one or more fields relevant to the work of the Confidentiality Commission (dispute resolution, the confidentiality and verification provisions of the Convention, chemical industry, military security, data security, international law and national legal systems). Prior to appointment by the Conference, all candidates are considered by the regional groups to which their States Parties belong.
Commission members serve in a personal capacity (not as representatives of their respective governments) and serve no more than three consecutive two-year terms.
In accordance with paragraph 23 of the Confidentiality Annex to the Convention and Rule 2(b) of the Operating Procedures of the Confidentiality Commission, the Conference elected the following 20 members of the Confidentiality Commission for a term of two years, from 1 May 2019 until 30 April 2021.
- Mr John Billy-Eko (Cameroon)
- Mr Amine Sid (Algeria)
- Mr Kevin Thuo Muiruri (Kenya)
- Col Amadou Ousmane Ba (Senegal)
- Prof Masahiko Asada (Japan)
- Mr Jiang Bo (China)
- Mr Alireza Kazemi Abadi (Islamic Republic of Iran)
- Mr. Indra Danardi Haryanto (Indonesia)
- Mr Mihajlo Zhevairovski (North Macedonia)
- Mr Serhii Trotskyi (Ukraine)
- H.E. Călin Fabian (Romania)
- Mr Štĕpán Kochánek (Czechia)
Latin America and the Caribbean
- Mr Jesús María Cuevillas Domínguez (Cuba)
- Ms Mariela Fogante (Argentina)
- Mr Jorge Hagime Shimizu Matsumoto (Mexico)
- Mr Jorge Carvajal San Martin (Chile)
Western European and Other States
- Ms Aster Boeye (Belgium)
- Ms Sumita Dixit (Canada)
- Prof Ioannis Seimenis (Greece)
- Prof Christoph Vedder (Germany)