doctype: treaty

identifier: Convention prohibiting Chemical Weapons, 1993

depositary: United Nations

languages: English Arabic Chinese Spanish French Russian

publisher: International Committee of the Red Cross

reference: Convention prohibiting Chemical Weapons, 1993

title: Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction, Paris 13 January 1993

action: accession

country: Samoa

action: signature

country: Cameroon

country: Armenia

country: Indonesia

country: Uganda

country: Georgia

country: Ukraine

country: Timor-Leste

country: France

action: declaration

reservation: Upon signature: Declaration: [Same declaration, mutatis mutandis, as the one made by Belgium.]

country: Croatia

country: Marshall Islands

country: Luxembourg

reservation: Upon signature: Declaration: [Same declaration, mutatis mutandis, as the one made by Belgium. [ Link ] ]

country: North Macedonia

country: Saint Kitts and Nevis

country: Oman

country: Hungary

country: Kiribati

country: Haiti

country: Nicaragua

country: Sierra Leone

country: Seychelles

country: Cyprus

country: United Arab Emirates

reservation: Declarations: "The Islamic Republic of Iran, on the basis of the Islamic principles and beliefs, considers chemical weapons inhuman, and has consistently been on the vanguard of the international efforts to abolish these weapons and prevent their use. 1. The Islamic Consultative Assembly (the Parliament) of the Islamic Republic of Iran approved the bill presented by the Government to join the [said Convention] on 27 July 1997, and the Guardian Council found the legislation compatible with the Constitution and the Islamic Tenets on 30 July 1997, in accordance with its required Constitutional process. The Islamic Consultative Assembly decided that: The Government is hereby authorized, at an appropriate time, to accede to the [said Convention] - as annexed to this legislation and to deposit its relevant instrument. The Ministry of Foreign Affairs must pursue in all negotiations and within the framework of the Organization of the Convention, the full and indiscriminate implementation of the Convention, particularly in the areas of inspection and transfer of technology and chemicals for peaceful purposes. In case the afore-mentioned requirements are not materialized, upon the recommendation of the Cabinet and approval of the Supreme National Security Council, steps aimed at withdrawing from the Convention will be put in motion. 2. The Islamic Republic of Iran attaches vital significance to the full, unconditional and indiscriminate implementation of all provisions of the Convention. It reserves the right to withdraw from the Convention under the following circumstances: - non-compliance with the principle of equal treatment of all States Parties in implementation of all relevant provisions of the Convention; - disclosure of its confidential information contrary to the provisions of the Convention; - imposition of restrictions incompatible with the obligations under the Convention. 3. As stipulated in article XI, exclusive and non-transparent regimes impeding free international trade in chemicals and chemical technology for peaceful purposes should be disbanded. The Islamic Republic of Iran rejects any chemical export control mechanism not envisaged in the Convention. 4. The Organization for Prohibition of Chemical Weapons (OPCW) is the sole international authority to determine the compliance of States Parties regarding chemical weapons. Accusations by States Parties against other States Parties in the absence of a determination of non-compliance by OPCW will seriously undermine the Convention and its repetition may make the Convention meaningless. 5. One of the objectives of the Convention as stipulated in its preamble is to `promote free trade in chemicals as well as international cooperation and exchange of scientific and technical information in the field of chemical activities for purposes not prohibited under the Convention in order to enhance the economic and technological development of all States Parties.' This fundamental objective of the Convention should be respected and embraced by all States Parties to the Convention. Any form of undermining, either in words or in action, of this overriding objective is considered by the Islamic Republic fo Iran a grave breach of the provisions of the Convention. 6. In line with the provisions of the Convention regarding non-discriminatory treatment of States Parties: - inspection equipment should be commercially available to all States Parties without condition or limitation. - the OPCW should maintain its international character by ensuring fair and balanced geographical distribution of the personnel of its Technical Secretariat, provision of assistance to and cooperation with States Parties, and equitable membership of States Parties in subsidiary organs of the Organization, 7. The implementation of the Convention should contribute to international peace and security and should not in any way diminish or harm national security or territorial integrity of the States Parties."

reservation: Declaration made upon signature and confirmed upon ratification: [Same declaration, mutatis mutandis, as the one made by Belgium.]

reservation: Upon ratification: Declarations: 1. China has always stood for complete prohibition and thorough destruction of chemical weapons. As CWC has laid an international legal foundation for the realization of this goal, China supports the purpose, objectives and principles of the CWC. 2. China calls upon the countries with the largest chemical weapons arsenals to ratify CWC without delay with a view to attaining its purposes and objectives at an early date. 3. The purposes, objectives and principles of CWC should be strictly observed. The provisions concerning challenge inspection shall not be abused and the national security interests of States parties not related to chemical weapons shall not be compromised. China is firmly opposed to any act of abusing the verification provisions which endangers its sovereignty and security. 4. Any country which has abandoned chemical weapons on the territory of another country should effectively implement the relevant CWC provisions, undertake the obligations to destroy those chemical weapons and ensure the earliest complete destruction of all the chemical weapons it has abandoned on another state's territory. 5. CWC should play a sound role in promoting international trade, scientific and technological exchanges and cooperation for peaceful purposes in the field of chemical industry. It should become the effective legal basis for regulating trade and exchange among the state parties in the field of chemical industry.

reservation: [Same declaration, mutatis mutandis, as the one made by Belgium. [ Link ] ]

reservation: Declarations made upon accession (Translation) (Original: Arabic): ... shall comply with the stipulations contained [in the Convention] and observe them faithfully and sincerely, applying the Convention provisionally pending its entry into force for the Syrian Arab Republic. [The Government of the Syrian Arab Republic] also affirms the following: The accession of the Syrian Arab Republic to the Convention shall not in any sense imply recognition of Israel, and shall not entail entering into any relations with Israel in the matters governed by the provisions thereof.

reservation: Declaration: "1. Pakistan has consistently stood for the complete prohibition and thorough destruction of all chemical weapons and their production facilities. The Convention constitutes an international legal framework for the realization of this goal. Pakistan, therefore, supports the objectives and purposes of the Convention. 2. The objectives and purposes of the Convention must be strictly adhered to by all states. The relevant provisions on Challenge Inspections must not be abused to the detriment of the economic and security interests of the States Parties unrelated to chemical weapons. Otherwise, the universality and effectiveness of the Convention is bound to be jeopardized. 3. Abuse of the verification provisions of the Convention, for purposes unrelated to the Convention, will not be acceptable. Pakistan will never allow its sovereignty and national security to be compromised. 4. The Convention should effectively facilitate trade, scientific and technological exchanges and co-operation in the field of chemistry for peaceful purposes. All export control regimes inconsistent with the Convention must be abolished."

reservation: Declarations: The Government of the Republic of Cuba declares, in conformity with article III (a) (iii) of the Convention, that there is a colonial enclave in its territory - the Guantanamo Naval Base - a part of Cuban national territory over which the Cuban State does not exercise its rightful jurisdiction, owing to its illegal occupation by the United States of America by reason of a deceitful and fraudulent Treaty. Consequently, for the purposes of the Convention, the Government of the Republic of Cuba does not assume any responsibility with respect to the aforesaid territory, since it does not know whether or not the United States has installed, possesses, maintains or intends to possess chemical weapons in the part of Cuban territory that it illegally occupies. The Government of the Republic of Cuba also considers that it has the right to require that the entry of any inspection group mandated by the Organization for the Prohibition of Chemical Weapons, to carry out in the territory of Guantanamo Naval Base the verification activities provided for in the Convention, should be effected through a point of entry in Cuban national territory to be determined by the Cuban Government. The Government of the Republic of Cuba considers that, under the provisions of article XI of the Convention, the unilateral application by a State party to the Convention against another State party of any restriction which would restrict or impede trade and the development and promotion of scientific and technological knowledge in the field of chemistry for industrial, agricultural, research, medical, pharmaceutical or other purposes not prohibited under the Convention, would be incompatible with the object and purpose of the Convention. The Government of Cuba designates the Ministry of Science, Technology and Environment, in its capacity as the national authority of the Republic of Cuba for the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, as the body of the central administration of the State responsible for organizing, directing, monitoring and supervising the activities aimed at preparing the Republic of Cuba to fulfil the obligations it is assuming as a State party to the aforementioned Convention.

reservation: Declaration: "[...] the Holy See, in conformity with the nature and particular condition of Vatican City State, intends to renew its encouragement to the International Community to continue on the path towards a situation of general and complete disarmament, capable of promoting peace and cooperation at world level. Dialogue and multilateral negotiation are essential values in this process. Through the instruments of international law, they facilitate the peaceful resolution of controversies and help better mutual understanding. In this way they promote the effective affirmation of the culture of life and peace. While not possessing chemical weapons of any kind, the Holy See accedes to the solemn act of ratification of the Convention in order to lend its moral support to this important area of international relations which seeks to ban weapons which are particularly cruel and inhuman and aimed at producing long-term traumatic effects among the defenceless civilian population."

reservation: Declaration: "As a Member State of the European Community, the Government of Belgium will implement the provisions of the Convention on the Prohibition of Chemical Weapons, in accordance with its obligations arising from the rules of the Treaties establishing the European Communities to the extent that such rules are applicable." SOURCE: Multilateral Treaties Deposited with the Secretary-General, Status as at 31 December 1994, p. 917ss

reservation: "Subject to the condition which relates to the Annex on Implementation and Verification, that no sample collected in the United States pursuant to the Convention will be transferred for analysis to any laboratory outside the territory of the United States."

reservation: Declaration of understanding: Firstly, the unilateral application by a State Party to the Convention, runs counter to the objectives and purposes of the Convention. Secondly, the Convention must be fully and indiscriminately implemented particularly in the areas of inspection and transfer of technology for peaceful purposes. Thirdly, no restrictions incompatible with the obligations under the Convention shall be imposed. Fourthly, the Organization for Prohibition of Chemical Weapons (OPCW), is the sole international authority to determine the compliance of States Parties with the provisions of the Convention."

text: The State Parties to this Convention,

text: Determined to act with a view to achieving effective progress towards general and complete disarmament under strict and effective international control, including the prohibition and elimination of all types of weapons of mass destruction,

text: Desiring to contribute to the realization of the purposes and principles of the Charter of the United Nations,

text: Recalling that the General Assembly of the United Nations has repeatedly condemned all actions contrary to the principles and objectives of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925 (the Geneva Protocol of 1925),

text: Recognizing that this Convention reaffirms principles and objectives of and obligations assumed under the Geneva Protocol of 1925, and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction signed at London, Moscow and Washington, on 10 April 1972,

text: Bearing in mind the objective contained in Article IX of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction,

text: Determined for the sake of all mankind, to exclude completely the possibility of the use of chemical weapons, through the implementation of the provisions of this Convention, thereby complementing the obligations assumed under the Geneva Protocol of 1925,

text: Recognizing the prohibition, embodied in the pertinent agreements and relevant principles of international law, of the use of herbicides as a method of warfare,

text: Considering that achievements in the field of chemistry should be used exclusively for the benefit of mankind,

text: Desiring to promote free trade in chemicals as well as international cooperation and exchange of scientific and technical information in the field of chemical activities for purposes not prohibited under this Convention in order to enhance the economic and technological development of all States Parties,

text: Convinced that the complete and effective prohibition of the development, production, acquisition, stockpiling, retention, transfer and use of chemical weapons, and their destruction, represent a necessary step towards the achievement of these common objectives,

text: Have agreed as follows:

text: Preamble

text: General obligations

text: 1. Each State Party to this Convention undertakes never under any circumstances:

text: (a) To develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone;

text: (b) To use chemical weapons;

text: (c) To engage in any military preparations to use chemical weapons;

text: (d) To assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention.

text: 2. Each State Party undertakes to destroy chemical weapons it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention.

text: 3. Each State Party undertakes to destroy all chemical weapons it abandoned on the territory of another State Party, in accordance with the provisions of this Convention.

text: 4. Each State Party undertakes to destroy any chemical weapons production facilities it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention.

text: 5. Each State Party undertakes not to use riot control agents as a method of warfare.

text: Article I - General obligations

text: Definitions and criteria

text: For the purposes of this Convention:

text: 1. "Chemical Weapons" means the following, together or separately:

text: (a) Toxic chemicals and their precursors, except where intended for purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purposes;

text: (b) Munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in

text: subparagraph (a), which would be released as a result of the employment of such munitions and devices;

text: (c) Any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (b).

text: 2. "Toxic Chemical" means:

text: Any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.

text: (For the purpose of implementing this Convention, toxic chemicals which have been identified for the application of verification measures are listed in Schedules contained in the Annex on Chemicals.)

text: 3. "Precursor" means:

text: Any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. This includes any key component of a binary or multicomponent chemical system.

text: (For the purpose of implementing this Convention, precursors which have been identified for the application of verification measures are listed in

text: Schedules contained in the Annex on Chemicals.)

text: 4. "Key Component of Binary or Multicomponent Chemical Systems" (hereinafter referred to as "key component") means:

text: The precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.

text: 5. "Old Chemical Weapons" means:

text: (a) Chemical weapons which were produced before 1925; or

text: (b) Chemical weapons produced in the period between 1925 and 1946 that have deteriorated to such extent that they can no longer be used as chemical weapons.

text: 6. "Abandoned Chemical Weapons" means:

text: Chemical weapons, including old chemical weapons, abandoned by a State after 1 January 1925 on the territory of another State without the consent of the latter.

text: 7. "Riot Control Agent" means:

text: Any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a

text: short time following termination of exposure.

text: 8. "Chemical Weapons Production Facility":

text: (a) Means any equipment, as well as any building housing such equipment, that was designed, constructed or used at any time since 1 January 1946:

text: (i) As part of the stage in the production of chemicals ("final technological stage") where the material flows would contain, when the equipment is in operation:

text: (1) Any chemical listed in Schedule 1 in the Annex on Chemicals;

text: or

text: (2) Any other chemical that has no use, above 1 tonne per year on the territory of a State Party or in any other place under the jurisdiction or control of a State Party, for purposes not prohibited under this Convention, but can be used for chemical weapons purposes;

text: or

text: (ii) For filling chemical weapons, including, inter alia, the filling of chemicals listed in Schedule 1 into munitions, devices or bulk storage containers; the filling of chemicals into containers that form part of assembled binary munitions and devices or into chemical submunitions that form part of assembled unitary munitions and devices, and the loading of the containers and chemical submunitions into the respective munitions and devices;

text: (b) Does not mean:

text: (i) Any facility having a production capacity for synthesis of chemicals specified in subparagraph (a) (i) that is less than 1 tonne;

text: (ii) Any facility in which a chemical specified in subparagraph (a) (i) is or was produced as an unavoidable by-product of activities for purposes not prohibited under this Convention, provided that the chemical does not exceed 3 per cent of the total product and that the facility is subject to declaration and inspection under the Annex on Implementation and Verification (hereinafter referred to as "Verification Annex"); or

text: (iii)The single small-scale facility for production of chemicals listed in Schedule 1 for purposes not prohibited under this Convention as referred to in Part VI of the Verification Annex.

text: 9. "Purposes Not Prohibited Under this Convention" means:

text: (a) Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;

text: (b) Protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;

text: (c) Military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare;

text: (d) Law enforcement including domestic riot control purposes.

text: 10. "Production Capacity" means:

text: The annual quantitative potential for manufacturing a specific chemical based on the technological process actually used or, if the process is not yet operational, planned to be used at the relevant facility. It shall be deemed to be equal to the nameplate capacity or, if the nameplate capacity is not available, to the design capacity. The nameplate capacity is the product output under conditions optimized for maximum quantity for the production facility, as demonstrated by one or more test-runs. The design capacity is the corresponding theoretically calculated product output.

text: 11. "Organization" means the Organization for the Prohibition of Chemical

text: Weapons established pursuant to Article VIII of this Convention.

text: 12. For the purposes of Article VI:

text: (a) "Production" of a chemical means its formation through chemical reaction;

text: (b) "Processing" of a chemical means a physical process, such as formulation, extraction and purification, in which a chemical is not converted

text: into another chemical;

text: (c) "Consumption" of a chemical means its conversion into another chemical via a chemical reaction.

text: Article II - Definitions and criteria

text: Declarations

text: 1. Each State Party shall submit to the Organization, not later than 30 days after this Convention enters into force for it, the following declarations, in which it shall:

text: (a) With respect to chemical weapons:

text: (i) Declare whether it owns or possesses any chemical weapons, or whether there are any chemical weapons located in any place under its jurisdiction or control;

text: (ii) Specify the precise location, aggregate quantity and detailed inventory of chemical weapons it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with Part IV (A), paragraphs 1 to 3, of the Verification Annex, except for those chemical weapons referred to in sub-subparagraph (iii);

text: (iii) Report any chemical weapons on its territory that are owned and possessed by another State and located in any place under the jurisdiction or control of another State, in accordance with Part IV (A), paragraph 4, of the Verification Annex;

text: (iv) Declare whether it has transferred or received, directly or indirectly, any chemical weapons since 1 January 1946 and specify the transfer or receipt of such weapons, in accordance with Part IV (A), paragraph 5, of the Verification Annex;

text: (v) Provide its general plan for destruction of chemical weapons that it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with Part IV (A), paragraph 6, of the Verification Annex;

text: (b) With respect to old chemical weapons and abandoned chemical weapons:

text: (i) Declare whether it has on its territory old chemical weapons and provide all available information in accordance with Part IV (B), paragraph 3, of the Verification Annex;

text: (ii) Declare whether there are abandoned chemical weapons on its territory and provide all available information in accordance with Part IV (B), paragraph 8, of the Verification Annex;

text: (iii) Declare whether it has abandoned chemical weapons on the territory of other States and provide all available information in accordance with Part IV (B), paragraph 10, of the Verification Annex;

text: (c) With respect to chemical weapons production facilities:

text: (i) Declare whether it has or has had any chemical weapons production facility 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;

text: (ii) Specify any chemical weapons production facility it has or has had 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, in accordance with Part V, paragraph 1, of the Verification Annex, except for those facilities referred to in sub-subparagraph (iii);

text: (iii) Report any chemical weapons production facility 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, in accordance with Part V, paragraph 2, of the Verification Annex;

text: (iv) Declare whether it has transferred or received, directly or indirectly, any equipment for the production of chemical weapons since 1 January 1946 and specify the transfer or receipt of such equipment, in accordance with Part V, paragraphs 3 to 5, of the Verification Annex;

text: (v) Provide its general plan for destruction of any chemical weapons production facility it owns or possesses, or that is located in

text: any place under its jurisdiction or control, in accordance with Part V, paragraph 6, of the Verification Annex;

text: (vi) Specify actions to be taken for closure of any chemical weapons production facility it owns or possesses, or that is located in any place under its jurisdiction or control, in accordance with Part V, paragraph 1 (i), of the Verification Annex;

text: (vii) Provide its general plan for any temporary conversion of any chemical weapons production facility it owns or possesses, or that is located in any place under its jurisdiction or control, into a chemical weapons destruction facility, in accordance with Part V, paragraph 7, of the Verification Annex;

text: (d) With respect to other facilities:

text: Specify the precise location, nature and general scope of activities of any facility or establishment under its ownership or possession, or located in any place under its jurisdiction or control, and that has been designed, constructed or used since 1 January 1946 primarily for development of chemical weapons. Such declaration shall include, inter alia, laboratories and test and evaluation sites;

text: (e) With respect to riot control agents: Specify the chemical name, structural formula and Chemical Abstracts Service (CAS) registry number, if assigned, of each chemical it holds for riot control purposes. This declaration shall be updated not later than 30 days after any change becomes effective.

text: 2. The provisions of this Article and the relevant provisions of Part IV of the Verification Annex shall not, at the discretion of a State Party, 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.

text: Article III - Declarations

text: Chemical weapons

text: 1. The provisions of this Article and the detailed procedures for its implementation shall apply to all chemical weapons owned or possessed by a State Party, or that are located in any place under its jurisdiction or control, except old chemical weapons and abandoned chemical weapons to which Part IV (B) of the Verification Annex applies.

text: 2. Detailed procedures for the implementation of this Article are set forth in the Verification Annex.

text: 3. All locations at which chemical weapons specified in paragraph 1 are stored or destroyed shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments, in accordance with Part IV (A) of the Verification Annex.

text: 4. Each State Party shall, immediately after the declaration under Article III, paragraph 1 (a), has been submitted, provide access to chemical weapons specified in paragraph 1 for the purpose of systematic verification of the declaration through on-site inspection. Thereafter, each State Party shall not remove any of these chemical weapons, except to a chemical weapons destruction facility. It shall provide access to such chemical weapons, for the purpose of systematic on-site verification.

text: 5. Each State Party shall provide access to any chemical weapons destruction facilities and their storage areas, that it owns or possesses, or that are located in any place under its jurisdiction or control, for the purpose of systematic verification through on-site inspection and monitoring with on-site instruments.

text: 6. Each State Party shall destroy all chemical weapons specified in paragraph 1 pursuant to the Verification Annex and in accordance with the agreed rate and sequence of destruction (hereinafter referred to as "order of destruction"). Such destruction shall begin not later than two years after this Convention enters into force for it and shall finish not later than 10 years after entry into force of this Convention. A State Party is not precluded from destroying such chemical weapons at a faster rate.

text: 7. Each State Party shall:

text: (a) Submit detailed plans for the destruction of chemical weapons specified in paragraph 1 not later than 60 days before each annual destruction period begins, in accordance with Part IV (A), paragraph 29, of the Verification Annex; the detailed plans shall encompass all stocks to be destroyed during the next annual destruction period;

text: (b) Submit declarations annually regarding the implementation of its plans for destruction of chemical weapons specified in paragraph 1, not later than 60 days after the end of each annual destruction period; and

text: (c) Certify, not later than 30 days after the destruction process has been completed, that all chemical weapons specified in paragraph 1 have been destroyed.

text: 8. If a State ratifies or accedes to this Convention after the 10-year period for destruction set forth in paragraph 6, it shall destroy chemical weapons specified in paragraph 1 as soon as possible. The order of destruction and procedures for stringent verification for such a State Party shall be determined by the Executive Council.

text: 9. Any chemical weapons discovered by a State Party after the initial declaration of chemical weapons shall be reported, secured and destroyed in

text: accordance with Part IV (A) of the Verification Annex.

text: 10. Each State Party, during transportation, sampling, storage and destruction of chemical weapons, shall assign the highest priority to ensuring the safety of people and to protecting the environment. Each State Party shall transport, sample, store and destroy chemical weapons in accordance with its national standards for safety and emissions.

text: 11. Any State Party which has on its territory chemical weapons that are owned or possessed by another State, or that are located in any place under the jurisdiction or control of another State, shall make the fullest efforts to ensure that these chemical weapons are removed from its territory not later than one year after this Convention enters into force for it. If they are not removed within one year, the State Party may request the Organization and other States Parties to provide assistance in the destruction of these chemical weapons.

text: 12. Each State Party undertakes to cooperate with other States Parties that request information or assistance on a bilateral basis or through the Technical Secretariat regarding methods and technologies for the safe and efficient destruction of chemical weapons.

text: 13. In carrying out verification activities pursuant to this Article and Part IV (A) of the Verification Annex, the Organization shall consider measures to avoid unnecessary duplication of bilateral or multilateral agreements on verification of chemical weapons storage and their destruction among States Parties.

text: To this end, the Executive Council shall decide to limit verification to measures complementary to those undertaken pursuant to such a bilateral or multilateral agreement, if it considers that:

text: (a) Verification provisions of such an agreement are consistent with the verification provisions of this Article and Part IV (A) of the Verification Annex;

text: (b) Implementation of such an agreement provides for sufficient assurance of compliance with the relevant provisions of this Convention; and

text: (c) Parties to the bilateral or multilateral agreement keep the Organization fully informed about their verification activities.

text: 14. If the Executive Council takes a decision pursuant to paragraph 13, the Organization shall have the right to monitor the implementation of the bilateral or multilateral agreement.

text: 15. Nothing in paragraphs 13 and 14 shall affect the obligation of a State Party to provide declarations pursuant to Article III, this Article and Part IV (A) of the Verification Annex.

text: 16. Each State Party shall meet the costs of destruction of chemical weapons it is obliged to destroy. It shall also meet the costs of verification of storage and destruction of these chemical weapons unless the Executive Council decides otherwise. If the Executive Council decides to limit verification measures of the Organization pursuant to paragraph 13, the costs of complementary verification and monitoring by the Organization shall be paid in accordance with the United Nations scale of assessment, as specified in Article VIII, paragraph 7.

text: 17. The provisions of this Article and the relevant provisions of Part IV of the Verification Annex shall not, at the discretion of a State Party, 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.

text: Article IV - Chemical weapons

text: Chemical weapons production facilities

text: 1. The provisions of this Article and the detailed procedures for its

text: implementation shall apply to any and all chemical weapons production

text: facilities owned or possessed by a State Party, or that are located in any

text: place under its jurisdiction or control.

text: 2. Detailed procedures for the implementation of this Article are set forth in

text: the Verification Annex.

text: 3. All chemical weapons production facilities specified in paragraph 1 shall

text: be subject to systematic verification through on-site inspection and

text: monitoring with on-site instruments in accordance with Part V of the

text: Verification Annex.

text: 4. Each State Party shall cease immediately all activity at chemical weapons

text: production facilities specified in paragraph 1, except activity required for

text: closure.

text: 5. No State Party shall construct any new chemical weapons production

text: facilities or modify any existing facilities for the purpose of chemical

text: weapons production or for any other activity prohibited under this Convention.

text: 6. Each State Party shall, immediately after the declaration under Article

text: III, paragraph 1 (c), has been submitted, provide access to chemical weapons

text: production facilities specified in paragraph 1, for the purpose of systematic

text: verification of the declaration through on-site inspection.

text: 7. Each State Party shall:

text: (a) Close, not later than 90 days after this Convention enters into force

text: for it, all chemical weapons production facilities specified in paragraph 1,

text: in accordance with Part V of the Verification Annex, and give notice thereof;

text: and

text: (b) Provide access to chemical weapons production facilities specified in

text: paragraph 1, subsequent to closure, for the purpose of systematic verification

text: through on-site inspection and monitoring with on-site instruments in order to

text: ensure that the facility remains closed and is subsequently destroyed.

text: 8. Each State Party shall destroy all chemical weapons production facilities

text: specified in paragraph 1 and related facilities and equipment, pursuant to the

text: Verification Annex and in accordance with an agreed rate and sequence of

text: destruction (hereinafter referred to as "order of destruction"). Such

text: destruction shall begin not later than one year after this Convention enters

text: into force for it, and shall finish not later than 10 years after entry into

text: force of this Convention. A State Party is not precluded from destroying such

text: facilities at a faster rate.

text: 9. Each State Party shall:

text: (a) Submit detailed plans for destruction of chemical weapons production

text: facilities specified in paragraph 1, not later than 180 days before the

text: destruction of each facility begins;

text: (b) Submit declarations annually regarding the implementation of its plans

text: for the destruction of all chemical weapons production facilities specified in

text: paragraph 1, not later than 90 days after the end of each annual destruction

text: period; and

text: (c) Certify, not later than 30 days after the destruction process has been

text: completed, that all chemical weapons production facilities specified in

text: paragraph 1 have been destroyed.

text: 10. If a State ratifies or accedes to this Convention after the 10-year period

text: for destruction set forth in paragraph 8, it shall destroy chemical weapons

text: production facilities specified in paragraph 1 as soon as possible. The order

text: of destruction and procedures for stringent verification for such a State

text: Party shall be determined by the Executive Council.

text: 11. Each State Party, during the destruction of chemical weapons production

text: facilities, shall assign the highest priority to ensuring the safety of people

text: and to protecting the environment. Each State Party shall destroy chemical

text: weapons production facilities in accordance with its national standards for

text: safety and emissions.

text: 12. Chemical weapons production facilities specified in paragraph 1 may be

text: temporarily converted for destruction of chemical weapons in accordance with

text: Part V, paragraphs 18 to 25, of the Verification Annex. Such a converted

text: facility must be destroyed as soon as it is no longer in use for destruction

text: of chemical weapons but, in any case, not later than 10 years after entry into

text: force of this Convention.

text: 13. A State Party may request, in exceptional cases of compelling need,

text: permission to use a chemical weapons production facility specified in

text: paragraph 1 for purposes not prohibited under this Convention. Upon the

text: recommendation of the Executive Council, the Conference of the States Parties

text: shall decide whether or not to approve the request and shall establish the

text: conditions upon which approval is contingent in accordance with Part V,

text: Section D, of the Verification Annex.

text: 14. The chemical weapons production facility shall be converted in such a

text: manner that the converted facility is not more capable of being reconverted

text: into a chemical weapons production facility than any other facility used for

text: industrial, agricultural, research, medical, pharmaceutical or other peaceful

text: purposes not involving chemicals listed in Schedule 1.

text: 15. All converted facilities shall be subject to systematic verification

text: through on-site inspection and monitoring with on-site instruments in

text: accordance with Part V, Section D, of the Verification Annex.

text: 16. In carrying out verification activities pursuant to this Article and Part

text: V of the Verification Annex, the Organization shall consider measures to avoid

text: unnecessary duplication of bilateral or multilateral agreements on

text: verification of chemical weapons production facilities and their destruction

text: among States Parties.

text: To this end, the Executive Council shall decide to limit the verification to

text: measures complementary to those undertaken pursuant to such a bilateral or

text: multilateral agreement, if it considers that:

text: (a) Verification provisions of such an agreement are consistent with the

text: verification provisions of this Article and Part V of the Verification Annex;

text: (b) Implementation of the agreement provides for sufficient assurance of

text: compliance with the relevant provisions of this Convention; and

text: (c) Parties to the bilateral or multilateral agreement keep the Organization

text: fully informed about their verification activities.

text: 17. If the Executive Council takes a decision pursuant to paragraph 16, the

text: Organization shall have the right to monitor the implementation of the

text: bilateral or multilateral agreement.

text: 18. Nothing in paragraphs 16 and 17 shall affect the obligation of a State

text: Party to make declarations pursuant to Article III, this Article and Part V of

text: the Verification Annex.

text: 19. Each State Party shall meet the costs of destruction of chemical weapons

text: production facilities it is obliged to destroy. It shall also meet the costs

text: of verification under this Article unless the Executive Council decides

text: otherwise. If the Executive Council decides to limit verification measures of

text: the Organization pursuant to paragraph 16, the costs of complementary

text: verification and monitoring by the Organization shall be paid in accordance

text: with the United Nations scale of assessment, as specified in Article VIII,

text: paragraph 7.

text: Article V - Chemical weapons production facilities

text: Activities not prohibited under this convention

text: 1. Each State Party has the right, subject to the provisions of this Convention, to develop, produce, otherwise acquire, retain, transfer and use toxic chemicals and their precursors for purposes not prohibited under this Convention.

text: 2. Each State Party shall adopt the necessary measures to ensure that toxic chemicals and their precursors are only developed, produced, otherwise acquired, retained, transferred, or used within its territory or in any other place under its jurisdiction or control for purposes not prohibited under this Convention. To this end, and in order to verify that activities are in accordance with obligations under this Convention, each State Party shall subject toxic chemicals and their precursors listed in Schedules 1, 2 and 3 of the Annex on Chemicals, facilities related to such chemicals, and other facilities as specified in the Verification Annex, that are located on its territory or in any other place under its jurisdiction or control, to verification measures as provided in the Verification Annex.

text: 3. Each State Party shall subject chemicals listed in Schedule 1 (hereinafter referred to as "Schedule 1 chemicals") to the prohibitions on production, acquisition, retention, transfer and use as specified in Part VI of the Verification Annex. It shall subject Schedule 1 chemicals and facilities specified in Part VI of the Verification Annex to systematic verification through on-site inspection and monitoring with on-site instruments in accordance with that Part of the Verification Annex.

text: 4. Each State Party shall subject chemicals listed in Schedule 2 (hereinafter referred to as "Schedule 2 chemicals") and facilities specified in Part VII of the Verification Annex to data monitoring and on-site verification in accordance with that Part of the Verification Annex.

text: 5. Each State Party shall subject chemicals listed in Schedule 3 (hereinafter referred to as "Schedule 3 chemicals") and facilities specified in Part VIII

text: of the Verification Annex to data monitoring and on-site verification in accordance with that Part of the Verification Annex.

text: 6. Each State Party shall subject facilities specified in Part IX of the Verification Annex to data monitoring and eventual on-site verification in accordance with that Part of the Verification Annex unless decided otherwise by the Conference of the States Parties pursuant to Part IX, paragraph 22, of the Verification Annex.

text: 7. Not later than 30 days after this Convention enters into force for it, each State Party shall make an initial declaration on relevant chemicals and facilities in accordance with the Verification Annex.

text: 8. Each State Party shall make annual declarations regarding the relevant chemicals and facilities in accordance with the Verification Annex.

text: 9. For the purpose of on-site verification, each State Party shall grant to the inspectors access to facilities as required in the Verification Annex.

text: 10. In conducting verification activities, the Technical Secretariat shall avoid undue intrusion into the State Party's chemical activities for purposes not prohibited under this Convention and, in particular, abide by the provisions set forth in the Annex on the Protection of Confidential Information (hereinafter referred to as "Confidentiality Annex").

text: 11. The provisions of this Article shall be implemented in a manner which avoids hampering the economic or technological development of States Parties, and international cooperation in the field of chemical activities for purposes not prohibited under this Convention including the international exchange of scientific and technical information and chemicals and equipment for the production, processing or use of chemicals for purposes not prohibited under this Convention.

text: Article VI - Activities not prohibited under this convention

text: National implementation measures

text: General undertakings

text: 1. Each State Party shall, in accordance with its constitutional processes,

text: adopt the necessary measures to implement its obligations under this

text: Convention. In particular, it shall:

text: (a) Prohibit natural and legal persons anywhere on its territory or in any

text: other place under its jurisdiction as recognized by international law from

text: undertaking any activity prohibited to a State Party under this Convention,

text: including enacting penal legislation with respect to such activity;

text: (b) Not permit in any place under its control any activity prohibited to a

text: State Party under this Convention; and

text: (c) Extend its penal legislation enacted under subparagraph (a) to any

text: activity prohibited to a State Party under this Convention undertaken anywhere

text: by natural persons, possessing its nationality, in conformity with

text: international law.

text: 2. Each State Party shall cooperate with other States Parties and afford the

text: appropriate form of legal assistance to facilitate the implementation of the

text: obligations under paragraph 1.

text: 3. Each State Party, during the implementation of its obligations under this

text: Convention, shall assign the highest priority to ensuring the safety of people

text: and to protecting the environment, and shall cooperate as appropriate with

text: other State Parties in this regard.

text: Relations between the State Party and the Organization

text: 4. In order to fulfil its obligations under this Convention, each State Party

text: shall designate or establish a National Authority to serve as the national

text: focal point for effective liaison with the Organization and other States

text: Parties. Each State Party shall notify the Organization of its National

text: Authority at the time that this Convention enters into force for it.

text: 5. Each State Party shall inform the Organization of the legislative and

text: administrative measures taken to implement this Convention.

text: 6. Each State Party shall treat as confidential and afford special handling to

text: information and data that it receives in confidence from the Organization in

text: connection with the implementation of this Convention. It shall treat such

text: information and data exclusively in connection with its rights and obligations

text: under this Convention and in accordance with the provisions set forth in the

text: Confidentiality Annex.

text: 7. Each State Party undertakes to cooperate with the Organization in the

text: exercise of all its functions and in particular to provide assistance to the

text: Technical Secretariat.

text: Article VII - National implementation measures

text: The organization

text: A. GENERAL PROVISIONS

text: 1. The States Parties to this Convention hereby establish the Organization for

text: the Prohibition of Chemical Weapons to achieve the object and purpose of this

text: Convention, to ensure the implementation of its provisions, including those

text: for international verification of compliance with it, and to provide a forum

text: for consultation and cooperation among States Parties.

text: 2. All States Parties to this Convention shall be members of the Organization.

text: A State Party shall not be deprived of its membership in the Organization.

text: 3. The seat of the Headquarters of the Organization shall be The Hague,

text: Kingdom of the Netherlands.

text: 4. There are hereby established as the organs of the Organization: the

text: Conference of the States Parties, the Executive Council, and the Technical

text: Secretariat.

text: 5. The Organization shall conduct its verification activities provided for

text: under this Convention in the least intrusive manner possible consistent with

text: the timely and efficient accomplishment of their objectives. It shall request

text: only the information and data necessary to fulfil its responsibilities under

text: this Convention. It shall take every precaution to protect the confidentiality

text: of information on civil and military activities and facilities coming to its

text: knowledge in the implementation of this Convention and, in particular, shall

text: abide by the provisions set forth in the Confidentiality Annex.

text: 6. In undertaking its verification activities the Organization shall consider

text: measures to make use of advances in science and technology.

text: 7. The costs of the Organization's activities shall be paid by States Parties

text: in accordance with the United Nations scale of assessment adjusted to take

text: into account differences in membership between the United Nations and this

text: Organization, and subject to the provisions of Articles IV and V. Financial

text: contributions of States Parties to the Preparatory Commission shall be

text: deducted in an appropriate way from their contributions to the regular budget.

text: The budget of the Organization shall comprise two separate chapters, one

text: relating to administrative and other costs, and one relating to verification

text: costs.

text: 8. A member of the Organization which is in arrears in the payment of its

text: financial contribution to the Organization shall have no vote in the

text: Organization if the amount of its arrears equals or exceeds the amount of the

text: contribution due from it for the preceding two full years. The Conference of

text: the States Parties may, nevertheless, permit such a member to vote if it is

text: satisfied that the failure to pay is due to conditions beyond the control of

text: the member.

text: B. THE CONFERENCE OF THE STATES PARTIES

text: Composition, procedures and decision-making

text: 9. The Conference of the States Parties (hereinafter referred to as "the

text: Conference") shall be composed of all members of this Organization. Each

text: member shall have one representative in the Conference, who may be accompanied

text: by alternates and advisers.

text: 10. The first session of the Conference shall be convened by the depositary

text: not later than 30 days after the entry into force of this Convention.

text: 11. The Conference shall meet in regular sessions which shall be held annually

text: unless it decides otherwise.

text: 12. Special sessions of the Conference shall be convened:

text: (a) When decided by the Conference;

text: (b) When requested by the Executive Council;

text: (c) When requested by any member and supported by one third of the members;

text: or

text: (d) In accordance with paragraph 22 to undertake reviews of the operation of

text: this Convention.

text: Except in the case of subparagraph (d), the special session shall be convened

text: not later than 30 days after receipt of the request by the Director-General of

text: the Technical Secretariat, unless specified otherwise in the request.

text: 13. The Conference shall also be convened in the form of an Amendment

text: Conference in accordance with Article XV, paragraph 2.

text: 14. Sessions of the Conference shall take place at the seat of the

text: Organization unless the Conference decides otherwise.

text: 15. The Conference shall adopt its rules of procedure. At the beginning of

text: each regular session, it shall elect its Chairman and such other officers as

text: may be required. They shall hold office until a new Chairman and other

text: officers are elected at the next regular session.

text: 16. A majority of the members of the Organization shall constitute a quorum

text: for the Conference.

text: 17. Each member of the Organization shall have one vote in the Conference.

text: 18. The Conference shall take decisions on questions of procedure by a simple

text: majority of the members present and voting. Decisions on matters of substance

text: should be taken as far as possible by consensus. If consensus is not

text: attainable when an issue comes up for decision, the Chairman shall defer any

text: vote for 24 hours and during this period of deferment shall make every effort

text: to facilitate achievement of consensus, and shall report to the Conference

text: before the end of this period. If consensus is not possible at the end of 24

text: hours, the Conference shall take the decision by a two-thirds majority of

text: members present and voting unless specified otherwise in this Convention.

text: When the issue arises as to whether the question is one of substance or not,

text: that question shall be treated as a matter of substance unless otherwise

text: decided by the Conference by the majority required for decisions on matters of

text: substance.

text: Powers and functions

text: 19. The Conference shall be the principal organ of the Organization. It shall

text: consider any questions, matters or issues within the scope of this Convention,

text: including those relating to the powers and functions of the Executive Council

text: and the Technical Secretariat. It may make recommendations and take decisions

text: on any questions, matters or issues related to this Convention raised by a

text: State Party or brought to its attention by the Executive Council.

text: 20. The Conference shall oversee the implementation of this Convention, and

text: act in order to promote its object and purpose. The Conference shall review

text: compliance with this Convention. It shall also oversee the activities of the

text: Executive Council and the Technical Secretariat and may issue guidelines in

text: accordance with this Convention to either of them in the exercise of their

text: functions.

text: 21. The Conference shall:

text: (a) Consider and adopt at its regular sessions the report, programme and

text: budget of the Organization, submitted by the Executive Council, as well as

text: consider other reports;

text: (b) Decide on the scale of financial contributions to be paid by States

text: Parties in accordance with paragraph 7;

text: (c) Elect the members of the Executive Council;

text: (d) Appoint the Director-General of the Technical Secretariat (hereinafter

text: referred to as "the Director-General");

text: (e) Approve the rules of procedure of the Executive Council submitted by the

text: latter;

text: (f) Establish such subsidiary organs as it finds necessary for the exercise

text: of its functions in accordance with this Convention;

text: (g) Foster international cooperation for peaceful purposes in the field of

text: chemical activities;

text: (h) Review scientific and technological developments that could affect the

text: operation of this Convention and, in this context, direct the Director-General

text: to establish a Scientific Advisory Board to enable him, in the performance of

text: his functions, to render specialized advice in areas of science and technology

text: relevant to this Convention, to the Conference, the Executive Council or

text: States Parties. The Scientific Advisory Board shall be composed of independent

text: experts appointed in accordance with terms of reference adopted by the

text: Conference;

text: (i) Consider and approve at its first session any draft agreements,

text: provisions and guidelines developed by the Preparatory Commission;

text: (j) Establish at its first session the voluntary fund for assistance in

text: accordance with Article X;

text: (k) Take the necessary measures to ensure compliance with this Convention

text: and to redress and remedy any situation which contravenes the provisions of

text: this Convention, in accordance with Article XII.

text: 22. The Conference shall not later than one year after the expiry of the fifth

text: and the tenth year after the entry into force of this Convention, and at such

text: other times within that time period as may be decided upon, convene in special

text: sessions to undertake reviews of the operation of this Convention. Such

text: reviews shall take into account any relevant scientific and technological

text: developments. At intervals of five years thereafter, unless otherwise decided

text: upon, further sessions of the Conference shall be convened with the same

text: objective.

text: C. THE EXECUTIVE COUNCIL

text: Composition, procedure and decision-making

text: 23. The Executive Council shall consist of 41 members. Each State Party shall

text: have the right, in accordance with the principle of rotation, to serve on the

text: Executive Council. The members of the Executive Council shall be elected by

text: the Conference for a term of two years. In order to ensure the effective

text: functioning of this Convention, due regard being specially paid to equitable

text: geographical distribution, to the importance of chemical industry, as well as

text: to political and security interests, the Executive Council shall be composed

text: as follows:

text: (a) Nine States Parties from Africa to be designated by States Parties

text: located in this region. As a basis for this designation it is understood that,

text: out of these nine States Parties, three members shall, as a rule, be the

text: States Parties with the most significant national chemical industry in the

text: region as determined by internationally reported and published data; in

text: addition, the regional group shall agree also to take into account other

text: regional factors in designating these three members;

text: (b) Nine States Parties from Asia to be designated by States Parties located

text: in this region. As a basis for this designation it is understood that, out of

text: these nine States Parties, four members shall, as a rule, be the States

text: Parties with the most significant national chemical industry in the region as

text: determined by internationally reported and published data; in addition, the

text: regional group shall agree also to take into account other regional factors in

text: designating these four members;

text: (c) Five States Parties from Eastern Europe to be designated by States

text: Parties located in this region. As a basis for this designation it is

text: understood that, out of these five States Parties, one member shall, as a

text: rule, be the State Party with the most significant national chemical industry

text: in the region as determined by internationally reported and published data; in

text: regional factors in designating this one member;

text: (d) Seven States Parties from Latin America and the Caribbean to be

text: designated by States Parties located in this region. As a basis for this

text: designation it is understood that, out of these seven States Parties, three

text: members shall, as a rule, be the States Parties with the most significant

text: national chemical industry in the region as determined by internationally

text: reported and published data; in addition, the regional group shall agree also

text: to take into account other regional factors in designating these three

text: members;

text: (e) Ten States Parties from among Western European and other States to be

text: designation it is understood that, out of these 10 States Parties, 5 members

text: shall, as a rule, be the States Parties with the most significant national

text: chemical industry in the region as determined by internationally reported and

text: published data; in addition, the regional group shall agree also to take into

text: account other regional factors in designating these five members;

text: (f) One further State Party to be designated consecutively by States Parties

text: located in the regions of Asia and Latin America and the Caribbean. As a basis

text: for this designation it is understood that this State Party shall be a

text: rotating member from these regions.

text: 24. For the first election of the Executive Council 20 members shall be

text: elected for a term of one year, due regard being paid to the established

text: numerical proportions as described in paragraph 23.

text: 25. After the full implementation of Articles IV and V the Conference may,

text: upon the request of a majority of the members of the Executive Council, review

text: the composition of the Executive Council taking into account developments

text: related to the principles specified in paragraph 23 that are governing its

text: composition.

text: 26. The Executive Council shall elaborate its rules of procedure and submit

text: them to the Conference for approval.

text: 27. The Executive Council shall elect its Chairman from among its members.

text: 28. The Executive Council shall meet for regular sessions. Between regular

text: sessions it shall meet as often as may be required for the fulfilment of its

text: powers and functions.

text: 29. Each member of the Executive Council shall have one vote. Unless otherwise

text: specified in this Convention, the Executive Council shall take decisions on

text: matters of substance by a two-thirds majority of all its members. The

text: Executive Council shall take decisions on questions of procedure by a simple

text: majority of all its members. When the issue arises as to whether the question

text: is one of substance or not, that question shall be treated as a matter of

text: substance unless otherwise decided by the Executive Council by the majority

text: required for decisions on matters of substance.

text: Powers and functions

text: 30. The Executive Council shall be the executive organ of the Organization. It

text: shall be responsible to the Conference. The Executive Council shall carry out

text: the powers and functions entrusted to it under this Convention, as well as

text: those functions delegated to it by the Conference. In so doing, it shall act

text: in conformity with the recommendations, decisions and guidelines of the

text: Conference and assure their proper and continuous implementation.

text: 31. The Executive Council shall promote the effective implementation of, and

text: compliance with, this Convention. It shall supervise the activities of the

text: Technical Secretariat, cooperate with the National Authority of each State

text: Party and facilitate consultations and cooperation among States Parties at

text: their request.

text: 32. The Executive Council shall:

text: (a) Consider and submit to the Conference the draft programme and budget of

text: the Organization;

text: (b) Consider and submit to the Conference the draft report of the

text: Organization on the implementation of this Convention, the report on the

text: performance of its own activities and such special reports as it deems

text: necessary or which the Conference may request;

text: (c) Make arrangements for the sessions of the Conference including the

text: preparation of the draft agenda.

text: 33. The Executive Council may request the convening of a special session of

text: the Conference.

text: 34. The Executive Council shall:

text: (a) Conclude agreements or arrangements with States and international

text: organizations on behalf of the Organization, subject to prior approval by the

text: Conference;

text: (b) Conclude agreements with States Parties on behalf of the Organization in

text: connection with Article X and supervise the voluntary fund referred to in

text: Article X;

text: (c) Approve agreements or arrangements relating to the implementation of

text: verification activities, negotiated by the Technical Secretariat with States

text: Parties.

text: 35. The Executive Council shall consider any issue or matter within its

text: competence affecting this Convention and its implementation, including

text: concerns regarding compliance, and cases of non-compliance, and, as

text: appropriate, inform States Parties and bring the issue or matter to the

text: attention of the Conference.

text: 36. In its consideration of doubts or concerns regarding compliance and cases

text: of non-compliance, including, inter alia, abuse of the rights provided for

text: under this Convention, the Executive Council shall consult with the States

text: Parties involved and, as appropriate, request the State Party to take measures

text: to redress the situation within a specified time. To the extent that the

text: Executive Council considers further action to be necessary, it shall take,

text: inter alia, one or more of the following measures:

text: (a) Inform all States Parties of the issue or matter;

text: (b) Bring the issue or matter to the attention of the Conference;

text: (c) Make recommendations to the Conference regarding measures to redress the

text: situation and to ensure compliance.

text: The Executive Council shall, in cases of particular gravity and urgency, bring

text: the issue or matter, including relevant information and conclusions, directly

text: to the attention of the United Nations General Assembly and the United Nations

text: Security Council. It shall at the same time inform all States Parties of this

text: step.

text: D. THE TECHNICAL SECRETARIAT

text: 37. The Technical Secretariat shall assist the Conference and the Executive

text: Council in the performance of their functions. The Technical Secretariat shall

text: carry out the verification measures provided for in this Convention. It shall

text: carry out the other functions entrusted to it under this Convention as well as

text: those functions delegated to it by the Conference and the Executive Council.

text: 38. The Technical Secretariat shall:

text: (a) Prepare and submit to the Executive Council the draft programme and

text: budget of the Organization;

text: (b) Prepare and submit to the Executive Council the draft report of the

text: Organization on the implementation of this Convention and such other reports

text: as the Conference or the Executive Council may request;

text: (c) Provide administrative and technical support to the Conference, the

text: Executive Council and subsidiary organs;

text: (d) Address and receive communications on behalf of the Organization to and

text: from States Parties on matters pertaining to the implementation of this

text: Convention;

text: (e) Provide technical assistance and technical evaluation to States Parties

text: in the implementation of the provisions of this Convention, including

text: evaluation of scheduled and unscheduled chemicals.

text: 39. The Technical Secretariat shall:

text: (a) Negotiate agreements or arrangements relating to the implementation of

text: verification activities with States Parties, subject to approval by the

text: Executive Council;

text: (b) Not later than 180 days after entry into force of this Convention,

text: coordinate the establishment and maintenance of permanent stockpiles of

text: emergency and humanitarian assistance by States Parties in accordance with

text: Article X, paragraphs 7 (b) and (c). The Technical Secretariat may inspect the

text: items maintained for serviceability. Lists of items to be stockpiled shall be

text: considered and approved by the Conference pursuant to paragraph 21(i) above;

text: (c) Administer the voluntary fund referred to in Article X, compile

text: declarations made by the States Parties and register, when requested,

text: bilateral agreements concluded between States Parties or between a State Party

text: and the Organization for the purposes of Article X.

text: 40. The Technical Secretariat shall inform the Executive Council of any

text: problem that has arisen with regard to the discharge of its functions,

text: including doubts, ambiguities or uncertainties about compliance with this

text: Convention that have come to its notice in the performance of its verification

text: activities and that it has been unable to resolve or clarify through its

text: consultations with the State Party concerned.

text: 41. The Technical Secretariat shall comprise a Director-General, who shall be

text: its head and chief administrative officer, inspectors and such scientific,

text: technical and other personnel as may be required.

text: 42. The Inspectorate shall be a unit of the Technical Secretariat and shall

text: act under the supervision of the Director-General.

text: 43. The Director-General shall be appointed by the Conference upon the

text: recommendation of the Executive Council for a term of four years, renewable

text: for one further term, but not thereafter.

text: 44. The Director-General shall be responsible to the Conference and the

text: Executive Council for the appointment of the staff and the organization and

text: functioning of the Technical Secretariat. The paramount consideration in the

text: employment of the staff and in the determination of the conditions of service

text: shall be the necessity of securing the highest standards of efficiency,

text: competence and integrity. Only citizens of States Parties shall serve as the

text: Director-General, as inspectors or as other members of the professional and

text: clerical staff. Due regard shall be paid to the importance of recruiting the

text: staff on as wide a geographical basis as possible. Recruitment shall be guided

text: by the principle that the staff shall be kept to a minimum necessary for the

text: proper discharge of the responsibilities of the Technical Secretariat.

text: 45. The Director-General shall be responsible for the organization and

text: functioning of the Scientific Advisory Board referred to in paragraph 21 (h).

text: The Director-General shall, in consultation with States Parties, appoint

text: members of the Scientific Advisory Board, who shall serve in their individual

text: capacity. The members of the Board shall be appointed on the basis of their

text: expertise in the particular scientific fields relevant to the implementation

text: of this Convention. The Director-General may also, as appropriate, in

text: consultation with members of the Board, establish temporary working groups of

text: scientific experts to provide recommendations on specific issues. In regard to

text: the above, States Parties may submit lists of experts to the Director-General.

text: 46. In the performance of their duties, the Director-General, the inspectors

text: and the other members of the staff shall not seek or receive instructions from

text: any Government or from any other source external to the Organization. They

text: shall refrain from any action that might reflect on their positions as

text: international officers responsible only to the Conference and the Executive

text: Council.

text: 47. Each State Party shall respect the exclusively international character of

text: the responsibilities of the Director-General, the inspectors and the other

text: members of the staff and not seek to influence them in the discharge of their

text: responsibilities.

text: E. PRIVILEGES AND IMMUNITIES

text: 48. The Organization shall enjoy on the territory and in any other place under

text: the jurisdiction or control of a State Party such legal capacity and such

text: privileges and immunities as are necessary for the exercise of its functions.

text: 49. Delegates of States Parties, together with their alternates and advisers,

text: representatives appointed to the Executive Council together with their

text: alternates and advisers, the Director-General and the staff of the

text: Organization shall enjoy such privileges and immunities as are necessary in

text: the independent exercise of their functions in connection with the

text: Organization.

text: 50. The legal capacity, privileges, and immunities referred to in this Article

text: shall be defined in agreements between the Organization and the States Parties

text: as well as in an agreement between the Organization and the State in which the

text: headquarters of the Organization is seated. These agreements shall be

text: considered and approved by the Conference pursuant to paragraph 21 (i).

text: 51. Notwithstanding paragraphs 48 and 49, the privileges and immunities

text: enjoyed by the Director-General and the staff of the Technical Secretariat

text: during the conduct of verification activities shall be those set forth in Part

text: II, Section B, of the Verification Annex.

text: Article VIII - The organization

text: Consultations, cooperation and fact-finding

text: 1. States Parties shall consult and cooperate, directly among themselves, or

text: through the Organization or other appropriate international procedures,

text: including procedures within the framework of the United Nations and in

text: accordance with its Charter, on any matter which may be raised relating to the

text: object and purpose, or the implementation of the provisions, of this

text: Convention.

text: 2. Without prejudice to the right of any State Party to request a challenge

text: inspection, States Parties should, whenever possible, first make every effort

text: to clarify and resolve, through exchange of information and consultations

text: among themselves, any matter which may cause doubt about compliance with this

text: Convention, or which gives rise to concerns about a related matter which may

text: be considered ambiguous. A State Party which receives a request from another

text: State Party for clarification of any matter which the requesting State Party

text: believes causes such a doubt or concern shall provide the requesting State

text: Party as soon as possible, but in any case not later than 10 days after the

text: request, with information sufficient to answer the doubt or concern raised

text: along with an explanation of how the information provided resolves the matter.

text: Nothing in this Convention shall affect the right of any two or more States

text: Parties to arrange by mutual consent for inspections or any other procedures

text: among themselves to clarify and resolve any matter which may cause doubt about

text: compliance or gives rise to a concern about a related matter which may be

text: considered ambiguous. Such arrangements shall not affect the rights and

text: obligations of any State Party under other provisions of this Convention.

text: Procedure for requesting clarification

text: 3. A State Party shall have the right to request the Executive Council to

text: assist in clarifying any situation which may be considered ambiguous or which

text: gives rise to a concern about the possible non-compliance of another State

text: Party with this Convention. The Executive Council shall provide appropriate

text: information in its possession relevant to such a concern.

text: 4. A State Party shall have the right to request the Executive Council to

text: obtain clarification from another State Party on any situation which may be

text: considered ambiguous or which gives rise to a concern about its possible

text: non-compliance with this Convention. In such a case, the following shall

text: apply:

text: (a) The Executive Council shall forward the request for clarification to the

text: State Party concerned through the Director-General not later than 24 hours

text: after its receipt;

text: (b) The requested State Party shall provide the clarification to the

text: Executive Council as soon as possible, but in any case not later than 10 days

text: after the receipt of the request;

text: (c) The Executive Council shall take note of the clarification and forward

text: it to the requesting State Party not later than 24 hours after its receipt;

text: (d) If the requesting State Party deems the clarification to be inadequate,

text: it shall have the right to request the Executive Council to obtain from the

text: requested State Party further clarification;

text: (e) For the purpose of obtaining further clarification requested under

text: subparagraph (d), the Executive Council may call on the Director-General to

text: establish a group of experts from the Technical Secretariat, or if appropriate

text: staff are not available in the Technical Secretariat, from elsewhere, to

text: examine all available information and data relevant to the situation causing

text: the concern. The group of experts shall submit a factual report to the

text: Executive Council on its findings;

text: (f) If the requesting State Party considers the clarification obtained under

text: subparagraphs (d) and (e) to be unsatisfactory, it shall have the right to

text: request a special session of the Executive Council in which States Parties

text: involved that are not members of the Executive Council shall be entitled to

text: take part. In such a special session, the Executive Council shall consider the

text: matter and may recommend any measure it deems appropriate to resolve the

text: situation.

text: 5. A State Party shall also have the right to request the Executive Council to

text: clarify any situation which has been considered ambiguous or has given rise to

text: a concern about its possible non-compliance with this Convention. The

text: Executive Council shall respond by providing such assistance as appropriate.

text: 6. The Executive Council shall inform the States Parties about any request for

text: clarification provided in this Article.

text: 7. If the doubt or concern of a State Party about a possible non-compliance

text: has not been resolved within 60 days after the submission of the request for

text: clarification to the Executive Council, or it believes its doubts warrant

text: urgent consideration, notwithstanding its right to request a challenge

text: inspection, it may request a special session of the Conference in accordance

text: with Article VIII, paragraph 12 (c). At such a special session, the Conference

text: shall consider the matter and may recommend any measure it deems appropriate

text: to resolve the situation.

text: Procedures for challenge inspections

text: 8. Each State Party has the right to request an on-site challenge inspection

text: of any facility or location in the territory or in any other place under the

text: jurisdiction or control of any other State Party for the sole purpose of

text: clarifying and resolving any questions concerning possible non-compliance with

text: the provisions of this Convention, and to have this inspection conducted

text: anywhere without delay by an inspection team designated by the

text: Director-General and in accordance with the Verification Annex.

text: 9. Each State Party is under the obligation to keep the inspection request

text: within the scope of this Convention and to provide in the inspection request

text: all appropriate information on the basis of which a concern has arisen

text: regarding possible non-compliance with this Convention as specified in the

text: Verification Annex. Each State Party shall refrain from unfounded inspection

text: requests, care being taken to avoid abuse. The challenge inspection shall be

text: carried out for the sole purpose of determining facts relating to the possible

text: non-compliance.

text: 10. For the purpose of verifying compliance with the provisions of this

text: Convention, each State Party shall permit the Technical Secretariat to conduct

text: the on-site challenge inspection pursuant to paragraph 8.

text: 11. Pursuant to a request for a challenge inspection of a facility or

text: location, and in accordance with the procedures provided for in the

text: Verification Annex, the inspected State Party shall have.

text: (a) The right and the obligation to make every reasonable effort to

text: demonstrate its compliance with this Convention and, to this end, to enable

text: the inspection team to fulfil its mandate;

text: (b) The obligation to provide access within the requested site for the sole

text: purpose of establishing facts relevant to the concern regarding possible

text: non-compliance; and

text: (c) The right to take measures to protect sensitive installations, and to

text: prevent disclosure of confidential information and data, not related to this

text: Convention.

text: 12. With regard to an observer, the following shall apply:

text: (a) The requesting State Party may, subject to the agreement of the

text: inspected State Party, send a representative who may be a national either of

text: the requesting State Party or of a third State Party, to observe the conduct

text: of the challenge inspection.

text: (b) The inspected State Party shall then grant access to the observer in

text: accordance with the Verification Annex.

text: (c) The inspected State Party shall, as a rule, accept the proposed

text: observer, but if the inspected State Party exercises a refusal, that fact

text: shall be recorded in the final report.

text: 13. The requesting State Party shall present an inspection request for an

text: on-site challenge inspection to the Executive Council and at the same time to

text: the Director-General for immediate processing.

text: 14. The Director-General shall immediately ascertain that the inspection

text: request meets the requirements specified in Part X, paragraph 4, of the

text: Verification Annex, and, if necessary, assist the requesting State Party in

text: filing the inspection request accordingly. When the inspection request fulfils

text: the requirements, preparations for the challenge inspection shall begin.

text: 15. The Director-General shall transmit the inspection request to the

text: inspected State Party not less than 12 hours before the planned arrival of the

text: inspection team at the point of entry.

text: 16. After having received the inspection request, the Executive Council shall

text: take cognizance of the Director-General's actions on the request and shall

text: keep the case under its consideration throughout the inspection procedure.

text: However, its deliberations shall not delay the inspection process.

text: 17. The Executive Council may, not later than 12 hours after having received

text: the inspection request, decide by a three-quarter majority of all its members

text: against carrying out the challenge inspection, if it considers the inspection

text: request to be frivolous, abusive or clearly beyond the scope of this

text: Convention as described in paragraph 8. Neither the requesting nor the

text: inspected State Party shall participate in such a decision. If the Executive

text: Council decides against the challenge inspection, preparations shall be

text: stopped, no further action on the inspection request shall be taken, and the

text: States Parties concerned shall be informed accordingly.

text: 18. The Director-General shall issue an inspection mandate for the conduct of

text: the challenge inspection. The inspection mandate shall be the inspection

text: request referred to in paragraphs 8 and 9 put into operational terms, and

text: shall conform with the inspection request.

text: 19. The challenge inspection shall be conducted in accordance with Part X or,

text: in the case of alleged use, in accordance with Part XI of the Verification

text: Annex. The inspection team shall be guided by the principle of conducting the

text: challenge inspection in the least intrusive manner possible, consistent with

text: the effective and timely accomplishment of its mission.

text: 20. The inspected State Party shall assist the inspection team throughout the

text: challenge inspection and facilitate its task. If the inspected State Party

text: proposes, pursuant to Part X, Section C, of the Verification Annex,

text: arrangements to demonstrate compliance with this Convention, alternative to

text: full and comprehensive access, it shall make every reasonable effort, through

text: consultations with the inspection team, to reach agreement on the modalities

text: for establishing the facts with the aim of demonstrating its compliance.

text: 21. The final report shall contain the factual findings as well as an

text: assessment by the inspection team of the degree and nature of access and

text: cooperation granted for the satisfactory implementation of the challenge

text: inspection. The Director-General shall promptly transmit the final report of

text: the inspection team to the requesting State Party, to the inspected State

text: Party, to the Executive Council and to all other States Parties. The

text: Director-General shall further transmit promptly to the Executive Council the

text: assessments of the requesting and of the inspected States Parties, as well as

text: the views of other States Parties which may be conveyed to the

text: Director-General for that purpose, and then provide them to all States

text: Parties.

text: 22. The Executive Council shall, in accordance with its powers and functions,

text: review the final report of the inspection team as soon as it is presented, and

text: address any concerns as to:

text: (a) Whether any non-compliance has occurred;

text: (b) Whether the request had been within the scope of this Convention; and

text: (c) Whether the right to request a challenge inspection had been abused.

text: 23. If the Executive Council reaches the conclusion, in keeping with its

text: powers and functions, that further action may be necessary with regard to

text: paragraph 22, it shall take the appropriate measures to redress the situation

text: and to ensure compliance with this Convention, including specific

text: recommendations to the Conference. In the case of abuse, the Executive Council

text: shall examine whether the requesting State Party should bear any of the

text: financial implications of the challenge inspection.

text: 24. The requesting State Party and the inspected State Party shall have the

text: right to participate in the review process. The Executive Council shall inform

text: the States Parties and the next session of the Conference of the outcome of

text: the process.

text: 25. If the Executive Council has made specific recommendations to the

text: Conference, the Conference shall consider action in accordance with Article

text: XII.

text: Article IX - Consultations, cooperation and fact-finding

text: Assistance and protection against chemical weapons

text: 1. For the purposes of this Article, "Assistance" means the coordination and

text: delivery to States Parties of protection against chemical weapons, including,

text: inter alia, the following: detection equipment and alarm systems; protective

text: equipment; decontamination equipment and decontaminants; medical antidotes and

text: treatments; and advice on any of these protective measures.

text: 2. Nothing in this Convention shall be interpreted as impeding the right of

text: any State Party to conduct research into, develop, produce, acquire, transfer

text: or use means of protection against chemical weapons, for purposes not

text: prohibited under this Convention.

text: 3. Each State Party undertakes to facilitate, and shall have the right to

text: participate in, the fullest possible exchange of equipment, material and

text: scientific and technological information concerning means of protection

text: against chemical weapons.

text: 4. For the purposes of increasing the transparency of national programmes

text: related to protective purposes, each State Party shall provide annually to the

text: Technical Secretariat information on its programme, in accordance with

text: procedures to be considered and approved by the Conference pursuant to Article

text: VIII, paragraph 21 (i).

text: 5. The Technical Secretariat shall establish, not later than 180 days after

text: entry into force of this Convention and maintain, for the use of any

text: requesting State Party, a data bank containing freely available information

text: concerning various means of protection against chemical weapons as well as

text: such information as may be provided by States Parties.

text: The Technical Secretariat shall also, within the resources available to it,

text: and at the request of a State Party, provide expert advice and assist the

text: State Party in identifying how its programmes for the development and

text: improvement of a protective capacity against chemical weapons could be

text: implemented.

text: 6. Nothing in this Convention shall be interpreted as impeding the right of

text: States Parties to request and provide assistance bilaterally and to conclude

text: individual agreements with other States Parties concerning the emergency

text: procurement of assistance.

text: 7. Each State Party undertakes to provide assistance through the Organization

text: and to this end to elect to take one or more of the following measures:

text: (a) To contribute to the voluntary fund for assistance to be established by

text: the Conference at its first session;

text: (b) To conclude, if possible not later than 180 days after this Convention

text: enters into force for it, agreements with the Organization concerning the

text: procurement, upon demand, of assistance;

text: (c) To declare, not later than 180 days after this Convention enters into

text: force for it, the kind of assistance it might provide in response to an appeal

text: by the Organization. If, however, a State Party subsequently is unable to

text: provide the assistance envisaged in its declaration, it is still under the

text: obligation to provide assistance in accordance with this paragraph.

text: 8. Each State Party has the right to request and, subject to the procedures

text: set forth in paragraphs 9, 10 and 11, to receive assistance and protection

text: against the use or threat of use of chemical weapons if it considers that:

text: (a) Chemical weapons have been used against it;

text: (b) Riot control agents have been used against it as a method of warfare; or

text: (c) It is threatened by actions or activities of any State that are

text: prohibited for States Parties by Article I.

text: 9. The request, substantiated by relevant information, shall be submitted to

text: the Director-General, who shall transmit it immediately to the Executive

text: Council and to all States Parties. The Director-General shall immediately

text: forward the request to States Parties which have volunteered, in accordance

text: with paragraphs 7 (b) and (c), to dispatch emergency assistance in case of use

text: of chemical weapons or use of riot control agents as a method of warfare, or

text: humanitarian assistance in case of serious threat of use of chemical weapons

text: or serious threat of use of riot control agents as a method of warfare to the

text: State Party concerned not later than 12 hours after receipt of the request.

text: The Director-General shall initiate, not later than 24 hours after receipt of

text: the request, an investigation in order to provide foundation for further

text: action. He shall complete the investigation within 72 hours and forward a

text: report to the Executive Council. If additional time is required for completion

text: of the investigation, an interim report shall be submitted within the same

text: time-frame. The additional time required for investigation shall not exceed 72

text: hours. It may, however, be further extended by similar periods. Reports at the

text: end of each additional period shall be submitted to the Executive Council. The

text: investigation shall, as appropriate and in conformity with the request and the

text: information accompanying the request, establish relevant facts related to the

text: request as well as the type and scope of supplementary assistance and

text: protection needed.

text: 10. The Executive Council shall meet not later than 24 hours after receiving

text: an investigation report to consider the situation and shall take a decision by

text: simple majority within the following 24 hours on whether to instruct the

text: Technical Secretariat to provide supplementary assistance. The Technical

text: Secretariat shall immediately transmit to all States Parties and relevant

text: international organizations the investigation report and the decision taken by

text: the Executive Council. When so decided by the Executive Council, the

text: Director-General shall provide assistance immediately. For this purpose, the

text: Director-General may cooperate with the requesting State Party, other States

text: Parties and relevant international organizations. The States Parties shall

text: make the fullest possible efforts to provide assistance.

text: 11. If the information available from the ongoing investigation or other

text: reliable sources would give sufficient proof that there are victims of use of

text: chemical weapons and immediate action is indispensable, the Director-General

text: shall notify all States Parties and shall take emergency measures of

text: assistance, using the resources the Conference has placed at his disposal for

text: such contingencies. The Director-General shall keep the Executive Council

text: informed of actions undertaken pursuant to this paragraph.

text: Article X - Assistance and protection against chemical weapons

text: Economic and technological development

text: 1. The provisions of this Convention shall be implemented in a manner which

text: avoids hampering the economic or technological development of States Parties,

text: and international cooperation in the field of chemical activities for purposes

text: not prohibited under this Convention including the international exchange of

text: scientific and technical information and chemicals and equipment for the

text: production, processing or use of chemicals for purposes not prohibited under

text: this Convention.

text: 2. Subject to the provisions of this Convention and without prejudice to the

text: principles and applicable rules of international law, the States Parties

text: shall:

text: (a) Have the right, individually or collectively, to conduct research with,

text: to develop, produce, acquire, retain, transfer, and use chemicals;

text: (b) Undertake to facilitate, and have the right to participate in, the

text: fullest possible exchange of chemicals, equipment and scientific and technical

text: information relating to the development and application of chemistry for

text: purposes not prohibited under this Convention;

text: (c) Not maintain among themselves any restrictions, including those in any

text: international agreements, incompatible with the obligations undertaken under

text: this Convention, which would restrict or impede trade and the development and

text: promotion of scientific and technological knowledge in the field of chemistry

text: for industrial, agricultural, research, medical, pharmaceutical or other

text: peaceful purposes;

text: (d) Not use this Convention as grounds for applying any measures other than

text: those provided for, or permitted, under this Convention nor use any other

text: international agreement for pursuing an objective inconsistent with this

text: Convention;

text: (e) Undertake to review their existing national regulations in the field of

text: trade in chemicals in order to render them consistent with the object and

text: purpose of this Convention.

text: Article XI - Economic and technological development

text: Measures to redress a situation and to ensure compliance, including sanctions

text: 1. The Conference shall take the necessary measures, as set forth in

text: paragraphs 2, 3 and 4, to ensure compliance with this Convention and to

text: redress and remedy any situation which contravenes the provisions of this

text: Convention. In considering action pursuant to this paragraph, the Conference

text: shall take into account all information and recommendations on the issues

text: submitted by the Executive Council.

text: 2. In cases where a State Party has been requested by the Executive Council to

text: take measures to redress a situation raising problems with regard to its

text: compliance, and where the State Party fails to fulfil the request within the

text: specified time, the Conference may, inter alia, upon the recommendation of the

text: Executive Council, restrict or suspend the State Party's rights and privileges

text: under this Convention until it undertakes the necessary action to conform with

text: its obligations under this Convention.

text: 3. In cases where serious damage to the object and purpose of this Convention

text: may result from activities prohibited under this Convention, in particular by

text: Article I, the Conference may recommend collective measures to States Parties

text: in conformity with international law.

text: 4. The Conference shall, in cases of particular gravity, bring the issue,

text: including relevant information and conclusions, to the attention of the United

text: Nations General Assembly and the United Nations Security Council.

text: Article XII - Measures to redress a situation and to ensure compliance, including sanctions

text: Relation to other international agreements

text: Nothing in this Convention shall be interpreted as in any way limiting or detracting from the obligations assumed by any State under the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925, and under the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, signed at London, Moscow and Washington on 10 April 1972.

text: Article XIII - Relation to other international agreements

text: Settlement of disputes

text: 1. Disputes that may arise concerning the application or the interpretation of

text: this Convention shall be settled in accordance with the relevant provisions of

text: this Convention and in conformity with the provisions of the Charter of the

text: United Nations.

text: 2. When a dispute arises between two or more States Parties, or between one or

text: more States Parties and the Organization, relating to the interpretation or

text: application of this Convention, the parties concerned shall consult together

text: with a view to the expeditious settlement of the dispute by negotiation or by

text: other peaceful means of the parties' choice, including recourse to appropriate

text: organs of this Convention and, by mutual consent, referral to the

text: International Court of Justice in conformity with the Statute of the Court.

text: The States Parties involved shall keep the Executive Council informed of

text: actions being taken.

text: 3. The Executive Council may contribute to the settlement of a dispute by

text: whatever means it deems appropriate, including offering its good offices,

text: calling upon the States Parties to a dispute to start the settlement process

text: of their choice and recommending a time-limit for any agreed procedure.

text: 4. The Conference shall consider questions related to disputes raised by

text: States Parties or brought to its attention by the Executive Council. The

text: Conference shall, as it finds necessary, establish or entrust organs with

text: tasks related to the settlement of these disputes in conformity with Article

text: VIII, paragraph 21 (f).

text: 5. The Conference and the Executive Council are separately empowered, subject

text: to authorization from the General Assembly of the United Nations, to request

text: the International Court of Justice to give an advisory opinion on any legal

text: question arising within the scope of the activities of the Organization. An

text: agreement between the Organization and the United Nations shall be concluded

text: for this purpose in accordance with Article VIII, paragraph 34 (a).

text: 6. This Article is without prejudice to Article IX or to the provisions on

text: measures to redress a situation and to ensure compliance, including sanctions

text: Article XIV - Settlement of disputes

text: Amendments

text: 1. Any State Party may propose amendments to this Convention. Any State Party

text: may also propose changes, as specified in paragraph 4, to the Annexes of this

text: Convention. Proposals for amendments shall be subject to the procedures in

text: paragraphs 2 and 3. Proposals for changes, as specified in paragraph 4, shall

text: be subject to the procedures in paragraph 5.

text: 2. The text of a proposed amendment shall be submitted to the Director-General

text: for circulation to all States Parties and to the Depositary. The proposed

text: amendment shall be considered only by an Amendment Conference. Such an

text: Amendment Conference shall be convened if one third or more of the States

text: Parties notify the Director-General not later than 30 days after its

text: circulation that they support further consideration of the proposal. The

text: Amendment Conference shall be held immediately following a regular session of

text: the Conference unless the requesting States Parties ask for an earlier

text: meeting. In no case shall an Amendment Conference be held less than 60 days

text: after the circulation of the proposed amendment.

text: 3. Amendments shall enter into force for all States Parties 30 days after

text: deposit of the instruments of ratification or acceptance by all the States

text: Parties referred to under subparagraph (b) below:

text: (a) When adopted by the Amendment Conference by a positive vote of a

text: majority of all States Parties with no State Party casting a negative vote;

text: and

text: (b) Ratified or accepted by all those States Parties casting a positive vote

text: at the Amendment Conference.

text: 4. In order to ensure the viability and the effectiveness of this Convention,

text: provisions in the Annexes shall be subject to changes in accordance with

text: paragraph 5, if proposed changes are related only to matters of an

text: administrative or technical nature. All changes to the Annex on Chemicals

text: shall be made in accordance with paragraph 5. Sections A and C of the

text: Confidentiality Annex, Part X of the Verification Annex, and those definitions

text: in Part I of the Verification Annex which relate exclusively to challenge

text: inspections, shall not be subject to changes in accordance with paragraph 5.

text: 5. Proposed changes referred to in paragraph 4 shall be made in accordance

text: with the following procedures:

text: (a) The text of the proposed changes shall be transmitted together with the

text: necessary information to the Director-General. Additional information for the

text: evaluation of the proposal may be provided by any State Party and the

text: Director-General. The Director-General shall promptly communicate any such

text: proposals and information to all States Parties, the Executive Council and the

text: Depositary;

text: (b) Not later than 60 days after its receipt, the Director-General shall

text: evaluate the proposal to determine all its possible consequences for the

text: provisions of this Convention and its implementation and shall communicate any

text: such information to all States Parties and the Executive Council;

text: (c) The Executive Council shall examine the proposal in the light of all

text: information available to it, including whether the proposal fulfils the

text: requirements of paragraph 4. Not later than 90 days after its receipt, the

text: Executive Council shall notify its recommendation, with appropriate

text: explanations, to all States Parties for consideration. States Parties shall

text: acknowledge receipt within 10 days;

text: (d) If the Executive Council recommends to all States Parties that the

text: proposal be adopted, it shall be considered approved if no State Party objects

text: to it within 90 days after receipt of the recommendation. If the Executive

text: Council recommends that the proposal be rejected, it shall be considered

text: rejected if no State Party objects to the rejection within 90 days after

text: receipt of the recommendation;

text: (e) If a recommendation of the Executive Council does not meet with the

text: acceptance required under subparagraph (d), a decision on the proposal,

text: including whether it fulfils the requirements of paragraph 4, shall be taken

text: as a matter of substance by the Conference at its next session;

text: (f) The Director-General shall notify all States Parties and the Depositary

text: of any decision under this paragraph;

text: (g) Changes approved under this procedure shall enter into force for all

text: States Parties 180 days after the date of notification by the Director-General

text: of their approval unless another time period is recommended by the Executive

text: Council or decided by the Conference.

text: Article XV - Amendments

text: 1. This Convention shall be of unlimited duration.

text: 2. Each State Party shall, in exercising its national sovereignty, have the

text: right to withdraw from this Convention if it decides that extraordinary

text: events, related to the subject-matter of this Convention, have jeopardized the

text: supreme interests of its country. It shall give notice of such withdrawal 90

text: days in advance to all other States Parties, the Executive Council, the

text: Depositary and the United Nations Security Council. Such notice shall include

text: a statement of the extraordinary events it regards as having jeopardized its

text: supreme interests.

text: 3. The withdrawal of a State Party from this Convention shall not in any way

text: affect the duty of States to continue fulfilling the obligations assumed under

text: any relevant rules of international law, particularly the Geneva Protocol of

text: Article XVI - Duration and withdrawal

text: The Annexes form an integral part of this Convention. Any reference to this Convention includes the Annexes.

text: Article XVII - Status of the annexes

text: This Convention shall be open for signature for all States before its entry into force.

text: Article XVIII - Signature

text: This Convention shall be subject to ratification by States Signatories according to their respective constitutional processes.

text: Article XIX - Ratification

text: Any State which does not sign this Convention before its entry into force may accede to it at any time thereafter.

text: Article XX - Accession

text: 1. This Convention shall enter into force 180 days after the date of the deposit of the 65th instrument of ratification, but in no case earlier than two years after its opening for signature.

text: 2. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Convention, it shall enter into force on the 30th day following the date of deposit of their instrument of ratification or accession

text: Article XXI - Entry into force

text: The Articles of this Convention shall not be subject to reservations. The Annexes of this Convention shall not be subject to reservations incompatible with its object and purpose.

text: Article XXII - Reservations

text: The Secretary-General of the United Nations is hereby designated as the Depositary of this Convention and shall, inter alia:

text: (a) Promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession and the date of the entry into force of this Convention, and of the receipt of other notices;

text: (b) Transmit duly certified copies of this Convention to the Governments of all signatory and acceding States; and

text: (c) Register this Convention pursuant to Article 102 of the Charter of the United Nations.

text: Article XXIII - Depositary

text: This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

text: IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.

text: Done at Paris on the thirteenth day of January, one thousand nine hundred and ninety-three.

text: Article XXIV - Authentic texts

summary: The Chemical Weapons Convention (CWC) prohibits the development, production, stockpiling and use of chemical weapons and requires the destruction of both chemical weapons production facilities and the weapons themselves. The CWC strengthens the 1925 Geneva Protocol prohibition on the use of chemical weapons by prohibiting their use "under any circumstances". Chemical weapons are defined broadly as "toxic chemicals and their precursors, except where intended for purposes not prohibited", munitions exclusively designed for the delivery of toxic chemicals and other equipment designed for use with such munitions. A major innovation of the CWC is its intrusive verification regime which requires : (1) national declarations of data on industrial chemical production; (2) continuous and routine inspections of treaty-related facilities; (3) short-notice challenge inspections, intended to resolve concerns about compliance, of any facility on the territory of a State Party. The CWC also provides for assistance to and protection of States attacked or threatened with chemical weapons, cooperation in the peaceful use of chemicals, restrictions on the transfer of certain chemicals to non-States Parties and sanctions in response to grave violations of its provisions. Destruction of all existing chemical weapons is to take place within ten years of entry into force of the Convention, which requires the deposit of sixty-five instruments of ratification. The Organization for the Prohibition of Chemical Weapons (OPCW), with its seat in the Hague (Kingdom of the Netherlands), is to be established, upon entry into force, to monitor compliance with the CWC. Arrangements for the establishment of the OPCW are the responsibility of the Preparatory Commission for the OPCW, and its Secretariat, created by Signatory States in February 1993. The CWC was negotiated in the Conference on Disarmament (and its predecessor bodies) in Geneva between 1972 and 1992. It was opened for signature in Paris on 13 January 1993. The technical annexes to this Convention (list of chemicals, verification measures, handling of confidential information, etc.) are available at the Organisation for the Prohibition of Chemical Weapons. http://www.opcw.org/chemical-weapons-convention/download-the-cwc/