Chemical Weapons Convention Implementation Ordinance, 2000.

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THE CHEMICAL WEAPONS CONVENTION IMPLEMENTATION 
ORDINANCE, 2000 
 
 
 
CONTENTS 
 
1. Short title, extent and commencement. 
2. Definitions. 
3.  Prohibition on development etc; of chemical weapon 
4.  Premises or equipment for producing chemical weapon 
5.  Prohibition on production, etc. of toxic chemicals and precursors  
6.  Transfer of any scheduled chemical for permitted purposes 
7.  Production, etc, for permitted purposes 
8.  Verification activities 
9.  National Authority 
10.  Functions of the Authority 
11.  Delegation of powers 
12.  Inspections under the Convention 
13.  Particulars of authorisation 
14.  Effect of authorisation  
15.  Right of occupier, etc. 
16.  Bar to jurisdiction 
17.  Proof regarding status of a member of inspection team 
 

 
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18.  Power to amend authorisation, and its effect 
19.  Offences in respect of an inspection 
20.  Privileges and immunities of members of inspection team and observers 
21.  Disclosure of information 
22.  Privileged information and documents  
23.  Registration 
24.  Power to enter a premises and search, remove or immobilise objects 
25.  Extension to external territories 
26.  Power to make rules 
SCHEDULE I 
SCHEDULE II 
SCHEDULE III 
SCHEDULE IV 
SCHEDULE V 
  
 
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THE CHEMICAL WEAPONS CONVENTION IMPLEMENTATION 
ORDINANCE, 2000 
ORDINANCE No. LIV of 2000 
[11th October, 2000] 
An Ordinance to give effect in Pakistan to the Convention on the Prohibition of the Development, 
Production, Stockpiling and use of Chemical Weapons and on their Destruction signed at Paris on 
the 13th January, 1993 
 WHEREAS it is expedient to give effect in Pakistan to the Convention on the Prohibition of 
the Development, Production, Stockpiling and use of Chemical Weapons , and on their destruction 
signed at Paris on the 13th January, 1993; 
 AND WHEREAS the National Assembly and the Senate stand suspended in pursuance of the 
Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution 
Order No.1 of 1999; 
 AND WHEREAS the President is satisfied that circumstances exist which render it necessary 
to take immediate action; 
 NOW THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of 
October, 1999, and the Provisional Constitution Order No 1 of 1999, as well as Order No. 9 of 1999, 
and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of 
Pakistan is pleased to make and promulgate the following Ordinance:- 
 1. Short title, extent and commencement.___ (1) This Ordinance may be called the Chemical 
Weapons Convention Implementation Ordinance, 2000. 
 (2) It extends to the whole of Pakistan. 
 (3)  It shall come into force at once. 
 2. Definition .___ (1) In this Ordinance, unless the re is anything repugnant in the subject or 
context,—  
(a) “assistance inspection” means an inspection conducted pursuant to Parts II and 
XI of the Verification Annex; 
(b) “challenge inspection” means an inspection conducted pursuant to Parts II and 
X of the Verification Annex; 
(c) “chemical weapons” means— 
(i) a toxic chemical and its precursor, except where intended for permitted 
purposes, as long as types and quantities are consistent with such 
purposes; 
 
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(ii) a munitions or device, specifically designed to cause death or other harm 
through the toxic properties of a toxic chemical specified in sub -clause 
(i), which would be released as a result of the employment of such 
munition or device; or 
(iii) any equipment specifically designed for use directly in connection with 
the employment of a munition or device specified in sub-clause (ii); 
(d) “Convention” means the convention on the Prohibition of the Development, 
Production, stockpiling and use of Chemical Weapons and on their Destruction 
signed at Paris on the 13th January, 1993; 
(e) “National Authority” means the National Authority designated as such under 
section 9; 
(f) “permitted purposes” means— 
(i) industrial, agricultural, research, medical, pharmaceutical or other 
peaceful purposes; 
(ii) protective purposes, that is such purposes which are directly related to 
protection against toxic chemicals and to protection against chemical 
weapons; 
(iii) 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; and 
(iv) law enforcement including domestic riot control purposes; 
(g) “precursor” means any chemical reactant which takes part at any stage in the 
production by whatever method of a toxic chemical and includes  any key 
component of a binary or multi-component chemical system; 
(h) “prescribed” means prescribed by rules made under this Ordinance; 
(i) “riot control agent ” means any chemical which is not a  
scheduled chemical, which can produce rapidly in humans sensory irritation or 
disabling physical effects which disappear within a short time following 
termination of exposure; 
(j) “routine inspection” means an inspection conducted pursuant to Parts II to IX 
of the Verification Annex; 
(k) “scheduled chemical” means a chemical listed in Schedules I or, as the case may 
be, Schedule II or Schedule III to this Ordinance; 
(l) “toxic chemical” means any chemical which through its chemical action on life 
processes can cause death, temporary incapacitation or permanent h arm to 
humans or animals and includes all such chemicals, regardless of their origin or 
 
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of their method of production, and regardless of whether they are produced in 
facilities, in munitions or elsewhere; and 
(m) “Verification Annex ” means the Verification  Annex to the Convention and 
portions of which are reproduced in Schedule IV to this Ordinance. 
 3. Prohibition on development etc; of chemical weapon.___ (1) No person shall—  
(a) develop, produce, otherwise acquire, stockpile or retain a chemical weapon,  or 
transfer, directly or indirectly, a chemical weapon to anyone; 
(b) use a chemical weapon; 
(c) engage in any military preparations to use a chemical weapon; 
(d) assist, encourage or induce, in any way, any other person to engage in any 
activity prohibited to a State Party under the Convention; or 
(e) use a riot control agent as a method of warfare. 
 (2) For the purposes of sub-section (1) an object shall not be a chemical weapon if the person 
uses the object only for permitted purposes and in deciding whether permitted purposes are intended 
the types and quantities of objects shall be taken into account. 
 (3) Whoever contravenes the provisions of this section shall be guilty of an offence punishable 
with imprisonment for a term which may extend to twenty-five years. 
 4. Premises or equipment for producing chemical weapons.___ (1) No person shall-  
(a) construct any premises intended to be used for production of chemical weapons; 
(b) alter any premises with intention to use the same for production of chem ical 
weapons; 
(c) install or construct any equipment intended to be used for production of 
chemical weapons; and 
(d) alter any equipment with intention to use the same for production of chemical 
weapons. 
 (2) For the purposes of sub -section (1) an object s hall not be a chemical weapon if the object 
is used for permitted purposes and in deciding whether permitted purposes are intended the types and 
quantities of objects shall be taken into account. 
 (3) Whoever contravenes the provisions or this section shall be guilty of an offence punishable 
with imprisonment for a term which may extend to twenty-five years. 
 5. Prohibition on production, etc. of toxic chemicals and precursors.___ (1) No person shall 
produce, use, acquire, possess, transfer, import or export-  
 
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(a) any scheduled chemical; 
(b) any discrete organic chemical not being a scheduled chemical ;or 
(c) any chemical containing the elements phosphorous, sulfur or fluorine. 
except for permitted purposes under this Ordinance. 
 (2) Whoever contravenes the provisions or this section shall be guilty of an offence punishable 
with fine which may extend to ten thousand rupees. 
 6. Transfer of any scheduled chemical for permitted purposes. ___ (1) No person shall 
transfer to a State Party or as the case may be to a state not party to the Convention any scheduled 
chemical listed in-  
(a) Schedule I except its accordance with the relevant provisions of Part VI of the 
Verification Annex; 
(b) Schedule II except in accordance with the relevant provisions of part VII of the 
Verification Annex; and 
(c) Schedule III except in accordance with the relevant provisions of Part VIII of 
the Verification Annex. 
 (2) Whoever contravenes the provisions of this section shall be guilty of an offence punishable 
with fine which may extend to ten thousand rupees. 
 7. Production, etc, for permitted purposes.—(1) The production, use, acquisition, export or 
import of a chemical listed in___ 
(a) Schedule I shall be subject to the prohibition, acquisition, retention and use as 
specified in Part VI of the Verification Annex and such chemicals and facilities 
specified in Part VI of the Verification Annex shall be subject to systematic 
verification through on-site inspection and monitoring with on-site instruments 
in accordance with that part of the Verification Annex; 
(b) Schedule II and facilities specified in Part VII of the Verification Annex shall 
be subject to data monitoring and on -site verification in accordance with that 
part of the Verification Annex; and 
(c) Schedule III and facilities specified its Part VIII of the Verification Annex shall 
be subject to data monitoring and on -site verification in accordance with that 
part of the Verification Annex. 
 (2) The production, use, acquisition, export or import of any discrete organic chemical not 
being a scheduled chemical or any chemical containing the elements phosphorous, sulfur or fluorine 
and facilities specified in Part IX of the Verification Annex shall be subject to data monitoring and 
eventual on-side verification in accordance with th at part of the Verification Annex unless decided 
otherwise by the Conference of the States Parties pursuant to paragraph 22 of Part IX of the 
Verification Annex. 
 
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 8. Verification activities .___ In conducting verification, activities under the Convention, t he 
Technical Secretariat provided under the Convention shall avoid undue intrusion into the State Party's 
chemical activities for permitted purposes and, in particular, abide by the provisions of the Annex on 
the Protection of Confidential Information to t he Convention as set out in Schedule V to this 
Ordinance. 
 9. National Authority.___ The Secretary, Ministry of Foreign Affairs, Government of Pakistan, 
shall be the National Authority for the purposes of this Ordinance. 
 10. Functions of the Authority .___ In particular and without prejudice to the generality of 
functions under this Ordinance, the functions of the Authority shall be to___  
(a) ensure effective operation of this Ordinance ; 
(b) carry out, on behalf of Pakistan, such obligations which Pakistan has under the 
Convention; 
(c) facilitate inspections of premises in Pakistan, in case compliance of Pakistan 
with the Convention is challenged; and 
(d) do anything incidental or conducive to the performance of the aforesaid 
functions. 
 11. Delegation of powers.___The National Authority may, for the purpose of efficient discharge 
of its functions and duties, delegate to an officer of the Federal Government, subject to such conditions 
and limitations as may be specified, such of its functions and duties un der this Ordinance as it may 
deem necessary. 
 12. Inspections under the Convention.___ (1) If it is proposed to conduct a routine inspection, 
a challenge inspection or an assistance inspection in Pakistan, the National Authority may, subject to 
sub-section (2), issue an authorisation under this section in respect of that inspection.  
 (2) In issuing any authorisation, the National Authority shall ensure that the Convention is not 
abused to the detriment of the security and economic interests of Pakistan and  shall take appropriate 
measures to protect sensitive installations not related to the Convention. 
 13. Particulars of authorisation.___ An authorisation under section 12 shall—  
(a) state the names of the members of the inspection team by whom the inspection 
is to be carried out; 
(b) contain the name of the person in charge of the in-country escorts; 
(c) in the case of a challenge inspection, also state the name of any observer who 
may accompany the team; 
(d) contain a description of the specified area in which the inspection is to be 
conducted; and 
(e) specify the type of inspection concerned. 
 
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 14. Effect of authoris ation.___ (1) An authorisation under section 12 shall have the effect of 
authorising the inspection team-  
(a) to exercise within the specified area such rights of access, entry and 
unobstructed inspection as are conferred on them by the Verification Annex; 
(b) to do such other things within the specified area in connection with  the 
inspection as they are entitled to do by virtue of the Verification Annex 
including things concerning the maintenance, replacement or adjustment of any 
instrument or other object relating to open equipment on site; 
(c) authorising an in -country escort  to accompany the inspection team in 
accordance with the provisions of the Verification Annex; and 
(d) authorising the police to give such assistance as the in -country escort may 
request for the purpose of facilitating the conduct of the inspection in 
accordance with the Verification Annex. 
 (2) An authorisation under section 12, in the case of a challenge inspection shall, in addition, 
have the effect of authorising the observer to exercise within the specified area such rights of access 
and entry as are conferred on him by the Verification Annex. 
 (3) Any police officer giving assistance in accordance with clause (d)  of sub-section (1) may 
use such reasonable force as he considers necessary for the purpose of facilitating inspection. 
 15. Right of occupier, etc.___The occupier of any premises, or a person acting on his behalf,___ 
(a) in relation to which it is proposed to exercise a right of entry on the basis of an 
authorisation under section 12; or 
(b) on which an inspection is being carried out on the basis of such an authorisation 
shall be entitled to require a copy of the authorization to be shown to him by a 
member of the in-country escort. 
 16. Bar to jurisdiction.___ The validity of an authorisation issued under section 12 in respect 
of an inspection shall not be called in question in any court. 
  17. Proof regarding status of a member of inspection team.___ If a question arises whether 
a person at any time was or was not, in relation to any routine, challenge or assistance inspection, a 
member of the inspection team or a member of the in-country escort or an observer, a certificate issued 
by, or on behalf of, the National Authority stating any fact relating to that question shall be conclusive 
evidence of that fact. 
 18. Power to amend authorisation, and its effect.___ (1) The National Authority may amend 
an authorisation issued by it under section 12, verying the specified area mentioned therein, as it may 
consider necessary from time to time.  
 (2) In case the National Authority has amended an authorisation under sub-section (1)  
 
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(a) the provisions of section 14 shall be  applicable to such amendment as if the 
specified area were the area as varied; and 
(b) the provisions of section 16 shall be applicable to such amendment as it shall 
apply to the authorisation. 
 19. Offences in respect of an inspection.___ (1) In case an authorisation has been issued under 
section 12 in respect of an inspection, a person shall be guilty of an offence if he— 
(a) refuses without reasonable excuse to comply with a request made by a police 
officer or a member of the in -country escort for the purpose of facilitating the 
conduct of that inspection in accordance with the Verification Annex; 
(b) interferes without reasonable excuse with any container, instrument or other 
object installed in the course of that inspection in accordance with the 
Verification Annex; or 
(c) wilfully obstructs a member of the inspection team or of the in -country escort, 
or the observer, in the conduct of that inspection in accordance with the 
Verification Annex. 
 (2) The provisions of clause (b) of sub -section (1) shall apply to any interference which may 
occur at any time while the container, instrument or other object is retained in accordance with the 
Verification Annex. 
 (3) A person on conviction of an offence under this section shall be punishable with 
imprisonment for a term which may extend to two years, or with fine, or with both. 
  20. Privileges and immuni ties of members of  inspection team and observers .___ (1) The 
members of an inspection team and observers shall enjoy the same privileges and immunities as ar e 
enjoyed by diplomatic agents in accordance with the following provisions of the Vienna Convention 
on Diplomatic Relations of 1961, namely:-  
(a) Article 29; 
(b) Paragraphs 1 and 2 of Article 30; 
(c) Paragraphs 1, 2 and 3 of Article 31; and 
(d) Article 34. 
 (2) The members of an inspection team and observers shall, enjoy the same privileges as are 
enjoyed by diplomatic agents in accordance with paragraph 1 (b) of Article 36 of the Vienna 
Convention on Diplomatic Relations of 1961, except in relation to s uch articles the importing or 
exporting of which is prohibited by law or controlled by. the enactments relating to quarantine. 
 (3) Samples and approved equipment carried by members of an inspection team shall be 
inviolable and exempt from payment of customs-duties. 
 (4) The privileges and immunities accorded to the members of an inspection team and observers 
by virtue of this section shall be enjoyed by them at any time when they are in Pakistan- 
 
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(a) in connection with the carrying out a routine inspection, a challenge inspection 
or an assistance inspection; or 
(b) while in transit to or from the territory of another State Party to the Convention 
in connection with the carrying out of such inspection. 
 (5) If___ 
(a) immunity from jurisdiction of a member of  an inspection team is waived in 
accordance with the Verification Annex; and 
(b) a notice made by the National Authority and informing the member of the 
waiver is delivered to him in person. 
then, from the time the notice is so delivered, this section shall not have effect to confer that immunity 
on the member. 
Explanation.—In this section “approved equipment” and “samples” shall be construed in accordance 
with the Verification Annex. 
 21. Disclosure of information .___ (1) Any person who produces, possesses, consumes, 
transfers, exports or imports any scheduled chemical or who produces a discrete organic chemical not 
being a scheduled chemical or a chemical containing the elements phosphorus, sulfur or fluorine or 
who holds a riot control agent for riot control purposes shall—  
(a) provide the prescribed information, at the prescribed time and in the prescribed 
form, to the National Authority; and 
(b) keep and maintain the prescribed documents in Pakistan, at his place of business 
or at such other place as may be specified by -the National Authority, in the 
prescribed manner and for the prescribed period; and 
(c) on request, provide the documents to the National Authority. 
 (2) Whoever contravenes the provisions of this section shall be guilty of an offence punishable 
with imprisonment for a term which may extend to two years or with fine or with both. 
 22. Privileged information and documents .___ (1) Any information or document obtained 
pursuant to this Ordinance or the Convention shall be privileged.  
 (2) Information and documents shall not be privileged to the extent that these are required to 
be disclosed or communicated for the purposes of an emergency involving public safety. 
 (3) No person in possession of privileged  information or document shall knowingly, without 
the written consent of the person from whom they were obtained communicate them or allow them to 
be communicated to any person, or allow any person to have access thereto, except- 
(a) for the purpose of the  enforcement of this Ordinance or of giving effect to the 
Convention; or 
 
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(b) pursuant to an obligation of the Federal Government under the Convention. 
 (4) Notwithstanding anything contained in any law no person shall be required in connection 
with any leg al proceedings, to produce any statement or other record containing any privileged 
information or document, or to give evidence relating to them, unless the proceedings relate to the 
enforcement of this Ordinance. 
 (5) Whoever contravenes the provisions of  sub-section (3) shall be guilty of an offence 
punishable with imprisonment for a term which may extend to six months or with fine which may 
extend to ten thousand rupees or with both. 
 23. Registration.___ (1) The National Authority may directly or throug h notice require an 
individual or organisation involved in production, processing, consumption, transfer, import or export 
of any scheduled chemical or any discrete organic chemical not being a schedule chemical, or a 
chemical containing elements of phosph orus, sulfur, or fluorine, to register themselves with the 
National Authority or any other office as may be prescribed within a specified time period.  
 (2) Whoever contravenes the provisions of this section shall be guilty of an offence punishable 
with imprisonment for a term which may extent to two years or with fine or with both. 
 24. Power to enter a premises and search, remove or immobilise objects. —(1) If the 
National Authority has reasonable cause to believe that-  
(a) an object is on a premises to which the public has access or which are occupied 
by a person who consents to action being taken under this sub-section; and 
(b) the object is a chemical weapon, 
the National Authority may authorise any person to enter the premises and to search them. 
 (2) If a magistrate is satisfied on information on oath that there is reasonable cause to believe 
that an object is on premises and that it is a chemical weapon he may issue a warrant in writing 
authorising a person acting under the authority of the National A uthority to enter the premises, if 
necessary, by force at any time within one month from the time of the issue of the warrant and to search 
them. 
 (3) A person who acts under an authorisation given under sub -section (1) or sub -section (2) 
may take with him such other persons and such equipment as appear to him to be necessary. 
 (4) If a person enters premises under an authorisation given under sub-section (1) or sub-section 
(2), and the object is found then he may make the object safe and- 
(a) he may seize and remove it, if it is reasonably practicable to do so; or 
(b) he may, in any other case, affix a warning on the object or on something in 
conspicuous position near the object, stating that the object is not to be moved 
or interfered with before a date specified in the warning. 
 25. Extension to external territories .___ The Provision of this Ordinance shall also apply to 
any offence committed by__ 
 
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(a) any citizen of Pakistan or any person in the service of Pakistan in any place 
without and beyond Pakistan; and 
(b) any person on any ship or aircraft registered in Pakistan wherever it may be. 
 26. Power to make rules .___ The National Authority may, with appr oval of the Federal 
Government, make rules for carrying out the purposes of this Ordinance. 
SCHEDULE I 
[See section 2(k)] 
(Scheduled Chemicals) 
A. Toxic Chemicals: (CAS registry number) 
(1) O-Alkyl (≤C I 0 incl. cycloalkyl) alkyl  
(Me. Et. n-Pr or-i-Pr)-phosphonofluoridates  
e.g. Sarin: O -Isopropyl methylphosphonofluoridate  
Soman: O-Pinacolyl methylphosphonofluoridate  
(107-44-8)  
(96-64-0) 
 
(2) O-Alkyl (≤CIO. incl. cycloalkyl) N.N-dialkyl  
(Me. Et. n-Pror i-Pr) phosphoramidocyanidates  
e.g. Tabun: O-Elhyl N. N-dimethyl  
phosphorarnidocyanidate  
(77-81-6) 
 
(3) O-Alkyl (H or ≤CIO. incl. cycloalkyl) S-2-dialkyl  
(Me, Et, n-Pr or i-Pr)-aminocthyl alkyl  
(Me, Et, n-Pr or i-Pr) phosphonothiolates and  
corresponding alkylated or protonated salts  
e.g. VX: O-Ethyl S-2-diisopropylaminoethyl  
methyl phosphonothiolate   
 
 
(50782-69-9) 
(4) Sulfur mustards: 
2-ChloroethylcWoromethylsulfide 
Mustard gas: Bis(2-chloroelhyll sulfide   
 Bis (2-chloroethylthio) methane  
 Sesquimustard: 1,2-Bis(2-chloroethyllhio) ethane  
 1,3-Bis(2-chloroelhyllhio)-n-propane  
 1,4-Bis(2-chloroethyllhio)-n-butane  
 1,5-Bis(2-chloroethyllhio)-n-pentane  
 B is(2-chloroethy I thiornethyljether  
 O-Mustard: Bis(2-chloroethylthioethly) ether  
 
(2625-76-5) 
(505-60-2) 
(63869-13-6) 
(3563-36-8) 
(63905-10-2) 
(142868-93-7) 
(142888-94-8) 
(63918-90-1 ) 
(63918-89-8) 
 
(5) 
 
Lewisites:  
Lewisite I: 2-Chlorovinyldichloroarsine  
Lewisite 2: Bis(2-chlorovinyl) chloroarsine   
Lewisite 3: Tris(2-chlorovinyl) arsine  
   
 
(541-25-3) 
(40334-69-8) 
(40334-70-1) 
 
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(6) Nitrogen mustards: 
HNI: Bis(2-chloroethyl) ethylamine   
HN2: Bis(2-chloroethyl)methylamine   
HN3: Tris(2-chloroethy)amine   
   
 
 
(538-07-8) 
(51-75-2) 
(555-77-1) 
 
(7) Saxitoxin                                                 
   
(35523-89-8) 
 
(8) 
 
Ricin (9009-86-3) 
B. Precursors: 
 
 
(9) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldiflourides 
e.g. DF:  Mclhylphosphonyldifluoride  
  
 
(676-99-3) 
 
(10) O-Alkyl (H or ≤C10, incl. cycloalkyl) O-2-dialkyl 
(Me, Et, n-Pr or i-Pr)-aminocthyl alkyl  
(Me, E,t, n-Pr or i-Pr) phosphonites and  
corresponding alkylated or protonated salts  
e.g. QL: O-Ethyl O-2-disopropylaminoethyl  
methyIphosphonite     
  
 
 
(57856-11 -8) 
 
(11) Chlorosarin:  O-Isopropyl methylphosphonochloridate (1445-76-7) 
 
(12) Chlorosoman: O-Pinacolyl methylphosphonochloridate
  
(7040-57-5) 
 
SCHEDULE II 
[See section 2(K)] 
(Scheduled Chemicals) 
 
 
A. Toxic chemicals: 
 
(CAS registry number) 
(1) Amon O.O-Diethyl 5-[2-diethylamino) ethyl] 
Phosphorothiolate 
and corresponding alkylated or protonated salts  
 
(78-53-5) 
(2) PF1B:1.1.3.3.3-Pentafluoro-2-(trifluoromethyl)-1-
propene 
 
(382-21-8) 
(3) BZ: 3-Qunuclidinyl benzilate (*) 
 
(6581-06-2) 
B. Precursors: 
 
 
(1) Chemicals, except for those listed in Schedule 1. 
containing a phosphorus atom to which is bonded one 
methyl, ethyl or propyl (normal or iso) group 
but not further carbon atoms, 
 
 
 
 
 
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e.g. Methylphosphonyl dichloride Dimethyl 
methylphosphonate  
Exemption: 
 
Ethylphosphonothiolothionate 
 
(676-97-1) 
(756-79-6) 
Fonofos: O-Ethyl S-
phenyl 
(944-22-9) 
(5) N,N-Dialkyl (Me, Et. n-Pr or i-Pr) phosphoramidic 
dihalides 
 
 
(6) Dialkyl (Me. Et n-Pr or i-P) N,N-dialkyl 
(Me. Et n-Pr or i-Pr)-phosphoramidates 
 
 
(7) Arsenic trichloride 
 
(7784-34-1) 
SCHEDULE III 
(8) 2,2-Diphcnyl-2-hydroxyacetic acid  (76-93-7) 
 
(9) Quinuclidin-3-ol                                                 
  
(1619-34-7) 
(10) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-
chlorides and corresponding protonated salts 
 
 
(11) N.N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols  
and corresponding protonated salts 
Exemptions: N,N-Dimelhylaminoethanol  
and corresponding protonated salts 
N,N-Dicthylaminocthanol and corresponding 
protonated salts 
 
 
(108-01-0) 
(100-37-8) 
 
 
 
(12) N.N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols  
and crresponding protonated salts 
 
 
 
(13) Thiodiglycol: Bis(2-hydroxyethyl) sulfide   
  
(111-48-8) 
(14) Pinacolyl alcohol: 3,3-Dimethylbutan-2-ol         
  
(464-07-3) 
SCHEDULE III 
[See section 2(k)] 
(Scheduled Chemicals) 
 
A: Toxic 
chemicals:
  
 
(CAS registry number) 
(1) Phosgene: Carbonyl dichloride                   
  
(75-44-5) 
(2) Cyanogen chloride                                      (506-77-4) 
 
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(3) Hydrogen cyanide                                    (74-90-8) 
 
(4) Chloropicrin: Trichloronitromethane    
 
(76-06-2) 
B. Precursors: 
 
(5) Phosphorus oxychloride                        (10025-87-3) 
 
(6) Phosphorus trichloride       (7719-12-2) 
 
(7) Phosphorus pentachloride    
  
(10026-13-8) 
(8) Trimethyl phosphite      (121-45-9) 
 
(9) Triethyl phosphite       (122-52-1) 
 
(10) Dimethyl phosphite      (868-85-9) 
 
(11) Diethyl phosphite     
  
(762-04-9) 
(12) Sulfur monochloride     
  
(10025-67-9) 
(13) Sulfur dichloride               
                         
(10545-99-0) 
(14) Thionyl chloride                            
            
(7719-09-7) 
(15) Ethyldiethanolamine                        (139-87-7) 
 
(16) Methyldiethanolamine                         (105-59-9) 
 
(17) Triethanolamine                                       
  
(102-71-6) 
Schedule IV 
[See section 2(m)] 
(Portions of the Verification Annex) 
REGIME FOR SCHEDULE 1 CHEMICALS AND FACILITIES RELATED TO SUCH 
CHEMICALS 
A.    General Provisions 
 1. A State Party shall not produce, acquire, retain or use Schedule 1 chemicals outside the 
territories of States Parties and shall not transfer such chemicals outside its territory except to another 
State Party. 
 
Page 16 of 31 
 
 2. A State Party shall not produce, acquire, retain, transfer or use Schedule 1 chemicals unless: 
(a)     The chemicals are applied to research, medical, pharmaceutical or protective 
purposes; 
(b)    The types and quantities of chemicals are strictly limited to those which can be 
justified for such purposes;. 
(c)     The aggregate amount of such chemicals at any given time for such purposes is 
equal to or less than 1 tonne; and 
(d)    The aggregate amount for such purposes acquired by a State Party in any year 
through production, withdrawal from chemi cal weapons stocks and transfer is 
equal to or less than 1 tonne. 
B.     Transfers 
 3. A  State Party may transfer Schedule 1 chemicals, outside its territory only to another State 
Party and only for reasearch, medical, pharmaceutical or protective purposes in accordance with 
paragraph 2. 
 4. Chemicals transferred shall not be retransferred to a third state. 
 5. Not less than 30 days before any transfer to another State Party both States Parties shall 
notify the Technical Secretariat of the transfer. 
 6. Each State Party shall make a detailed annual declaration, regarding transfers during the 
previous year. The declaration shall be submitted not later than 90 days after the end of that year and 
shall for each Schedule 1 chemical that has been transferred include the following information:- 
(a) The chemical name, structural formula and Chemical Abstracts Service registry 
number, if assigned; 
(b) The quantity acquired from other States or transferred to other States Parties. 
For each transfer the quantity, recipient and purpose shall be included. 
C. Production: 
 General principles for production: 
 7. Each State Party, during production under paragraphs 8 to 12, shall assign the highest priority 
to ensuring the safety of people and to protecting the environment. Each State Party shall conduct such 
production in accordance with its national standards for safety and emissions. 
 Single small-scale facility: 
 8. Each State Party that produces Schedule 1 chemicals for research, medical, pharmaceutical 
or protective purposes shall carry out the production at a single small -scale facility approved by the 
State Party, except as set forth in paragraphs 10,11 and 12. 
 
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 9. The production at a single small -scale facility shall be carried out in reaction vessels in 
production lines not configurated for continuous operation. The volume of such a reaction vessel shall 
not exceed 100 litres, arid the total volume of all reaction vessels with a volume exceeding 5 litres 
shall not be more than 500 litres. 
 Other facilities: 
10. Production of Schedule 1 chemicals in aggregate quantities not exceeding 10 kg per year 
may be carried out for protective purposes at one facility outside a single small -scale facility. This 
facility shall be approved by the State Party. 
 11. Production of Schedule 1 chemicals in quantities of more than 100 g per year may be carried 
out for research, medical or pharmaceutical purposes outside a single small-scale facility in aggregate 
quantities not exceeding 10 kg per year per facility. These facilities s hall be approved by the State 
Party. 
 12. Synthesis of Schedule 1 chemicals for research, medical or pharmaceutical purposes, but 
not for protective purposes, may be carried out at laboratories in aggregate quantities less than 100 g 
per year per facility.  These facilities shall not be subject to any obligation relating to declaration as 
specified in Sections D. 
D. Declarations 
 Single small-scale facility: 
 13. Each State Party that plans to operate a single small -scale facility shall provide the 
Technical Secretariat with the precise location and a detailed technical description of the facility 
including an inventory of equipment and detailed diagrams. For existing facilities, this initial 
declaration shall be provided not later than 30 days after this Convention enters into force for the State 
Party. Initial declarations on new facilities shall be provided not less than 180 days before operations 
are to begin. 
 14. Each State Party shall give advance notification to the Technical Secretariat of planned 
changes related to the initial declaration. The notification shall be submitted not less than 180 days 
before the changes are to take place. 
 15. A State Party producing Schedule 1 chemicals at a single small -scale facility shall make a 
detailed annual declaration regarding the activities of the facility for the previous year. The declaration 
shall be submitted not later than 90 days after the end of that year and shall include:- 
(a)  Identification of the facility; 
(b) For each Schedule 1 chemical produced, a cquired, consumed or stored at the 
facility, the following information:-  
(i) The chemical name, structural formula and Chemical Abstracts Service 
registry number, if assigned; 
(ii)      The methods employed and quantity produced; 
 
Page 18 of 31 
 
(iii)     The name and quantity of precursors listed in Schedules 1,2 or 3 used for 
production of Schedule 1 chemicals; 
(iv)     The quantity consumed at the facility and the purpose(s) of the 
consumption; 
(v)      The quantity received from or shipped to other facilities in the State Party 
for each shipment the quantity, recipient and purpose should be 
included; 
(vi) The maximum quantity stored at any time during the year; and 
(vii) The quantity stored at the end of the year; and 
(c) Information on any changes at the facility du ring the year compared to 
previously submitted detailed technical descriptions of the facility including 
inventories of equipment and detailed diagrams. 
 16. Each State Party producing Schedule 1 chemicals at a single small-scale facility shall make 
a detailed annual declaration regarding the projected activities and the anticipated production at the 
facility for the coming year. The declaration shall be submitted not less than 90 days before the 
beginning of that year and shall include. 
(a) Identification of the facility; 
(b) For each Schedule 1 chemical anticipated to be produced, consumed or stored 
at the facility, the following information: 
(i) The chemical name, structural formula and Chemical Abstracts Service 
registry number, if assigned; 
(ii) The qua ntity anticipated to be produced and the purpose of the 
production; and 
(c) Information on any anticipated changes at the facility during the year compared 
to previously submitted detailed technical descriptions of the facility including 
inventories of equipment and detailed diagrams. 
 Other facilities referred to in paragraphs 10 and 11: 
 17. For each facility, a State Party shall provide the technical Secretariat with the name, location 
and a detailed technical description of the facility or its relevant part(s) as requested by the Technical 
secretariat. The facility producing Schedule 1 chemicals for protective purposes shall be specifically 
identified. For existing facilities, this initial declaration shall be provided not later than 30 days after 
this C onvention enters into force for the State Party. Initial declarations on new facilities shall be 
provided not less than 180 days before operations are to begin. 
18. Each State Party shall give advance notification to the Technical Secretariat of planned 
changes related to the initial declaration. The notification shall be submitted not less than 180 days 
before the changes are to take place. 
 
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 19. Each State Party shall, for each facility, make a detailed annual declaration regarding the 
activities of the facility for the previous year. The declaration shall be submitted not later than 90 days 
after the end of that year and shall include: 
(a)    Identification of the facility; 
(b)    For each Schedule 1 chemical the following information: 
(i)     The chemical name, structural formula and Chemical Abstracts Service 
registry number, if assigned; 
(ii)      The quantity produced and, in case of production for protective 
purposes, methods employed; 
(iii)     The name and quantity of precursors listed in Schedules 1, 2, or 3, used 
for production of Schedule 1 chemicals; 
(iv)     The quantity consumed at the facility and the purpose of the 
consumption; 
(v)      The quantity transferred to other facilities within the State Party. For 
each transfer the quantity, recipient and purpose should be included; 
(vi)     The maximum quantity stored at any time during the year; and 
(vii)     The quantity stored at the end of the year; and 
(c)  Information on any changes at the facility or its relevant parts during the -year 
compared to previously submitted detailed technical description of the facility. 
 20. Each State Party shall, for each facility, make a detailed annual declaration regarding the 
projected activities and the anticipated production at the facility for the coming ye ar. The declaration 
shall be submitted not less than 90 days before the beginning of that year and shall include: 
(a)   Identification of the facility; 
(b)   For each Schedule 1 chemical the following information: 
(i) The chemical name, structural formula and Chemical Abstracts Service 
registry number, if assigned; 
(ii) The quantity anticipated to be produced, the time periods when the 
production is anticipated to take place and the purposes of the 
production; and 
(c)  Information on any anticipated changes  at the facility or its relevant parts, 
during the year compared to previously submitted detailed technical 
descriptions of the facility. 
REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES 
 
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RELATED TO SUCH CHEMICALS 
 A. Declarations 
 Declarations of aggregate national data: 
 1. The initial and annual declarations to be provided by each State Party pursuant to article VI, 
paragraphs 7 and 8, shall include aggregate national data for the previous calendar year on the 
quantities produced, processed, consumed, impor ted and exported of each Schedule 2 chemical, as 
well as a quantitative specification of import and export for each country involved. 
 2. Each State Party shall submit: 
(a)    Initial declarations pursuant to paragraph 1 not later than 30 days after this 
Convention enters into force for it; and, starting in the following calendar year, 
(b)    Annual declarations not later than 90 days after the end of the previous calendar 
year. 
 Declarations of plant sites producing, processing or consuming Schedule 2 chemicals: 
 3.  Initial and annual declarations are required for all plant sites that comprise one or more 
plant(s) which produced, processed or consumed during any of the previous three calendar years or is 
anticipated to produce, process or consume in the next calendar year more than: 
(a)    1 kg of a chemical designated “*” in Schedule 2, part A; 
(b)    100 kg of any other chemical listed in Schedule 2, party A; or 
(c)    1 tonne of a chemical listed in Schedule 2, part B. 
 4. Each State Party shall submit:- 
(a) Initial declarations pursuant to paragraph 3 not later than 30 days after this 
Convention enters into force for it; and, starting in the following calendar year; 
(b) Annual declarations on past activities not later than 90 days after the end of the 
previous calendar year; and 
(c) Annual declarations on anticipated activities not later than 60 days before the 
beginning of the following calendar year. Any such activity additionally 
planned after the annual declaration has been submitted shall be declare d not 
later than five days before this activity begins. 
 5. Declarations pursuant to paragraph 3 are generally not required for mixtures containing a 
low concentration of a Schedule 2 chemical. They are only required, in accordance with guidelines, in 
cases where the case of recovery from the mixture of the Schedule 2 chemical and its total weight are 
deemed to pose a risk to the object and purpose of this Convention. These guidelines shall be 
considered and approved by the Conference of the States Parties pursuant to Article VIII, paragraph 
21(i). 
 
Page 21 of 31 
 
 6. Declarations of a plant site pursuant to paragraph 3 shall include:- 
(a) The name of the plant site and the name of the owner, company, or enterprise 
operating it; 
(b) Its precise location including the address; and 
(c) The number of plants within the plant site which are declared. 
 7. Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant which 
is located within the plant site and which falls under the specifications set forth in paragraph 3, the 
following information:- 
(a) The name of the plant and the name of the owner, company, or enterprise 
operating it' 
(b) Its precise location within the plant site including the specific building or 
structure number, if any; 
(c) Its main activities; 
(d) Whether the plant:- 
(i)    Produces, processes, or consumes the declared  Schedule 2 chemical(s); 
(ii)      Is dedicated to such activities or multi-purpose; and 
(iii) Performs other activities with regard to the declared Schedule 2 
chemical(s), including a specification of that other activity (e.g. storage); 
and 
(e)    The production capacity of the plant for each declared Schedule 2 chemical. 
 8. Declarations of a plant site pursuant to paragraph 3 shall also include the following 
information on each Schedule 2 chemical above the declaration threshold:— 
(a) The chemical name, common or trade name used by the facility, structural 
formula, and Chemical Abstracts Service registry number, if assigned; 
(b) In the case of the initial decl aration the total amount produced, processed, 
consumed, imported and exported by the plant site in each of the three previous 
calendar years; 
(c) In the case of the annual declaration on past activities the total amount produced, 
processed, consumed, impor ted and exported by the plant site in the previous 
calendar year; 
(d) In the case of the annual declaration on anticipated activities: the total amount 
anticipated to be produced, processed or consumed by the plant site in the 
 
Page 22 of 31 
 
following calendar year, including the anticipated time periods for production, 
processing or consumption; and 
(e) The purposes for which the chemical was or will be produced, processed or 
consumed: 
(i) Processing and consumption on site with a specification of the product 
types; 
(ii) Sale or transfer within the territory or to any other place under the 
jurisdiction or control of the State Party, with a specification whether to 
other industry, trade or other destination and, if possible, of final product 
types; 
(iii) Direct export with a specification of the States involved; or 
(iv) Other including a specification of these other purposes. 
 Declarations on past production of Schedule 2 chemicals for chemical weapons purposes; 
 9. Each State Party shall, not later than 30 days after this Convention enters into force for it, 
declare all plant sites comprising plants that produced at any time since 1 January 1946 a Schedule 2 
chemical for chemical weapons purposes. 
 10. Declarations of a plant site pursuant to paragraph 9 shall include: 
(a) The name of the plant site and the name of the owner, company, or enterprise 
operating it;- 
(b) Its precise location including the address; 
(c) For each plant which is located within the plant site, and which falls under the 
specifications set forth in paragraph 9, the same information as required under 
paragraph 7, subparagraphs (a) to (e); and 
(d) For each Schedule 2 chemical produced for chemical weapons purposes: 
(i) The chemical name, common or trade name used by the plant site for 
chemical weapons pro duction purposes, structural formula, and 
Chemical Abstracts Service registry number, if assigned; 
(ii) The dates when the chemical was produced and the quantity produced; 
and 
(iii) The location to which the chemical was delivered and the final product 
produced there, if known. 
 Information to States Parties: 
 
Page 23 of 31 
 
 11. A list of plant sites declared under this Section together with the information provided under 
paragraphs 6, 7 (a), 7 (c) 7 (d) (i), 7 (d) (iii), 8 (a) and 10 shall be transmitted by the Technical  
Secretariat to States Parties upon request. 
 C. Transfers to states not Party to this Convention 
 12. Schedule 2 chemicals shall only be transferred to or received from states Parties. This 
obligation shall take effect three years after entry into force of this Convention. 
 13. During this interim three-year period, each State Party shall require an end-use certificate, 
as specified below, for transfers of Schedule 2 chemicals to States not Party to this Convention. For 
such transfers, each State Party sh all adopt the necessary measures to ensure that the transferred 
chemicals shall only be used for purposes not prohibited under this Convention. Inter alia, the State 
Party shall require from the recipient state a certificate stating, in relation to the transferred chemicals:- 
(a) That they will only be used for purposes not prohibited under this Convention; 
(b) That they will not be re-transferred; 
(c) Their types and quantities; 
(d) Their end-use(s); and 
(e) The name(s) and address(es) of the end-user(s). 
REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES RELATED TO SUCH 
CHEMICALS 
 A. Declarations 
 Declarations of aggregate national data: 
 1. The initial and annual declarations to be provided by a State Party, shall include aggregate 
national data for the previous calendar year on the quantities produced, imported and exported of each 
Schedule 3 chemical, as well as a quantitative specification of import and export for each country 
involved. 
 2. Each State Party shall submit:- 
(a) Initial declarations pursuant t o paragraph 1  not later than 30 days after this 
Convention enters into force for it; and, starting in the following calendar year; 
and 
(b) Annual declarations not later than 90 days after the end of the previous calendar 
year. 
 Declarations of plant sites producing Schedule 3 chemicals: 
 
Page 24 of 31 
 
 3. Initial and annual declarations are required for all plant sites that comprise one or more plants 
which produced during the previous calendar year or are anticipated to produce in the next calendar 
year more than 30 tonnes of a Schedule 3 chemical. 
 4. Each State Party shall submit:- 
(a) Initial declarations pursuant to paragraph 3 not later than 30 days after this 
Convention enters into force for it; and, starting in the following calendar year; 
(b) Annual declarations on past activities not later than 90 days after the end of the 
previous calendar year; and 
(c) Annual declarations on anticipated activities not later than 60 days before the 
beginning of the following calendar year. Any such activity additionally 
planned after the annual decla ration has been submitted shall  be declared not 
later than five days before this activity begins. 
 5. Declarations pursuant to paragraph 3 are generally not required for mixtures containing a 
low concentration of a Schedule 3 chemical. They are only required, in accordance with guidelines, in 
such cases where the case of recovery from the mixture of the Schedule 3 chemical and its total weight 
are deemed to pose a risk to the object and purpose of this Convention. These guidelines shall  be 
considered and approved by the Conference pursuant to article VIII. paragraph 21 (i). 
 6. Declarations of a plant site pursuant to paragraph 3 shall include:- 
(a) The name of the plant site and the name of the owner, company, or enterprise 
operating it; 
(b) Its precise location including the address; and 
(c) The number of plants within the plant site which are declared pursuant to this 
Annex. 
 7. Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant which 
is located within the plant site and which falls under the specifications set forth in paragraph 3, the 
following information: 
(a) The name of the plant and the name of the owner, company, or enterprise 
operating it; 
(b) Its precise location within the plant site, in cluding the specific building or 
structure number, if any; and 
(c) Its main activities 
 8. Declarations of a plant site pursuant to paragraph 3 shall also include the following 
information on each Schedule 3 chemical above the declaration threshold:- 
(a) The chemical name, common or trade name used by the facility, structural 
formula, and Chemical Abstracts Service registry number, if assigned; 
 
Page 25 of 31 
 
(b) The approximate amount of production of the chemical in the previous calendar 
year, or, in case of declarations on anticipated activities, anticipated for the next 
calendar year, expressed in the ranges: 30 to 200 tonnes, 200 to 1,000 tonnes, 
1,000 to 10,000 tonnes, 10,000 to 100,000 tonnes, and above 100,000 tonnes; 
and 
(c) The purposes for which the chemical was or will be produced. 
 Declarations on past production of Schedule 3 chemicals for chemical weapons purposes 
 9. Each State Party shall, not later than 30 days after this Convention enters into force for it, 
declare all plant sites comprising plants that p roduced at any time since 1st January 1946 a Schedule 
3 chemical for chemical weapons purposes. 
 10. Declarations of a plant site pursuant to paragraph 9 shall include:- 
(a) The name of the plant site and the name of the owner, company, or enterprise 
operating it; 
(b) Its precise location including the address; 
(c) For each plant which is located within the plant site, and which falls under the 
specifications set forth in paragraph 9, the same information as required under 
paragraph 7, sub-paragraphs (a) to (c); and 
(d) For each Schedule 3 chemical produced for chemical weapons purposes:- 
(i) The chemical name, common or trade name used by the plant site for 
chemical weapons production purposes, structural formula, and 
Chemical Abstracts Service registry number, if assigned; 
(ii) The dates when the chemical was produced and the quantity produced; 
and 
(iii) The location to which the chemical was delivered and the final product 
produced there, if known. 
 Information to States Parties 
 11. A list of plant sites declared under this Section together with the information provided under 
paragraphs 6, 7 (a), 7(c), 8 (a) and 10 shall be transmitted by the Technical Secretariat to States Parties 
upon request. 
 C.   Transfers to States not Party to this Convention 
 12. When transferring Schedule 3 chemicals to states not party to this Convention, each State 
Party shall adopt the necessary measures to ensure that the transferred chemicals shall only be used for 
purposes not prohibited under this Convention. Inter alia, the State Party shall require from the 
recipient state a certificate stating, in relation to the transferred chemicals:- 
 
Page 26 of 31 
 
(a) That they will only be used for purposes not prohibited under this Convention; 
(b)     That they will not be re-transferred; 
(c)     Their types and quantities; 
(d)     Their end-use(s); and 
(e)     The name(s) and address(es) of the end-user(s). 
 13. Five years after entry into force of this Convention, the Conference shall consider the need 
to establish other measures regarding transf ers of Schedule 3 chemicals to states not Party to this 
Convention. 
REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES 
 A. Declarations 
 List of other chemical production facilities 
 1. The initial declaration to be provided by each State Party pursuant to Ar ticle VI, paragraph 
7, shall include a list of all plant sites that: 
(a) produced by synthesis during the previous calendar year more than 200 tonnes 
of unscheduled discrete organic chemicals; or 
(b) comprise one or more plants which produced by synthesis  during the previous 
calendar yar more than 30 tonnes of an unscheduled discrete organic chemical 
containing the elements phosphorus, sulfur or fluorine (hereinafter referred to 
as “PSF-plants” and “PSF-chemical”). 
 2. The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall 
not include plant sites that exclusively produced explosives or hydrocarbons. 
 3. Each State Party shall submit its list of other chemical production facilities pursuant to 
paragraph 1 as part of it s initial declaration not later than 30 days after this Convention enters into 
force for it. Each State Party shall, not later than 90 days after the beginning of each following calendar 
year, provide annually the information necessary to update the list. 
 4. The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall 
include the following information on each plant site:- 
(a) The name of the plant site and the name of the owner, company, or enterprise 
operating it; 
(b) The precise location of the plant site including its address; 
(c)     Its main activities; and 
 
Page 27 of 31 
 
(d) The approximate number of plants producing the chemicals specified in 
paragraph 1 in the plant site. 
 5. With regard to plant sites listed pursuant to paragraph  1 (a), the list shall also include 
information on the approximate aggregate amount of production of the unscheduled discrete organic 
chemicals in the previous calendar year expressed in the ranges: under 1,000 tonnes, 1,000 to 10,000 
tonnes and above 10,000 tonnes. 
 6. With regard to plant site s listed pursuant to paragraph 1  (b), the list shall also specify the 
number of PSF -plants within the plant site and include information on the approximate aggregate 
amount of production of PSF -chemicals produced by each PSF-plant in the previous calendar year 
expressed in the ranges: under 200 tonnes, 200 to 1,000 tonnes, 1,000 to 10,000 tonnes and above 
10,000 tonnes. 
SCHEDULE V 
[See section 8] 
(Confidentiality Annex) 
A. General Principles for the Handling of Confidential Information 
 1. The obligation to protect confidential information shall pertain to the verification of both 
civil and military activities and facilities. Pursuant to the general obligations set forth in Article VIII, 
the Organization shall:— 
(a) Require only the minimum amount of information and data necessary for the 
timely and efficient carrying out of its responsibilities under the Convention; 
(b) Take the necessary measures to ensure that inspectors and other staff members 
of the Technical sec retariat meet the highest standards of efficiency, 
competence, and integrity; and 
(c) Develop agreements and regulations to implement the provisions of the 
Convention and shall specify as precisely as possible the information to which 
the Organization shall be given access by a State Party. 
 2. The Director-General shall have the primary responsi bility for ensuring the protection of 
confidential information. The Director -General shall establish a stringent regime governing the 
handling of confidential information by the Technical Secretariat, and in doing so, shall observe the 
following guidelines:- 
(a) information shall be considered confidential if:- 
(i) it is so designated by the State Party from which the information was 
obtained and to which the information refers; or 
(ii) in the judgement of the Director -General, its unauthorized disclosure 
could reasonably be expected to cause damage to the State Party to 
 
Page 28 of 31 
 
which it refers or to the mechanisms for implementation of the 
Convention; 
(b) All data and documents obtained by the Technical secretariat shall be evaluated 
by the appropriate unit of the technical secretariat in order to establish whether 
they contain confidential information. Data required by States Parties to be 
assured of the continued compliance with the Convention by other States Parties 
shall be routinely provided to them. Such data shall encompass: 
(i) The initial and annual reports and declarations provided by States 
Parries under Articles III , IV, V and VI, in accordance with the 
provisions set forth in the Verification Annex; 
(ii) General reports on the results and effectiveness of verification activities; 
and 
(iii) Information to be supplied to all States Parties in accordance with the 
provisions of the Convention; 
(c) No information o btained by the Organization in connection with the 
implementation of the Convention shall be published or otherwise released, 
except, as follows: 
(i) General information on the implementation of this Convention may be 
compiled and released publicly in acco rdance with the decisions of the 
Conference or the Executive Council; 
(ii) Any information may be released with the express consent of the State 
Party to which the information refers; 
(iii) Information classified as confidential shall be released by the 
Organization only through procedures which ensure that the release of 
information only occurs in strict conformity with the needs of the 
Convention. Such procedures shall be considered and approved by the 
Conference pursuant to Article VIII, paragraph 21 (i); 
(d) The level of sensitivity of confidential data or documents shall be established, 
based on criteria to be applied uniformly in order to ensure their appropriate 
handling and protection. For this purpose, a classification system shall be 
introduced, wh ich by taking account of relevant work undertaken in the 
preparation of the Convention shall provide for clear criteria ensuring the 
inclusion of information into appropriate categories of confidentiality and the 
justified durability of the confi dential nature of information. While providing 
for the necessary flexibility in its implementation the classification system shall 
protect the rights of States Parties providing confidential information. A 
classification system shall be considered and approved by th e Conference 
pursuant to Article VIII, paragraph 21 (i); 
(e) Confidential information shall be stored securely at the premises of the 
Organization. Some data or documents may also be stored with the National 
 
Page 29 of 31 
 
Authority of a State Party. Sensitive informatio n, including, inter alia, 
photographs, plans and other documents required only for the inspection of a 
specific facility may be kept under lock and key at this facility; 
(f) To the greatest extent consistent with the effective implementation of the 
verification provisions of the Convention, information shall be handled and 
stored by the Technical Secretariat in a form that precludes direct identification 
of the facility to which it pertain; 
(g) The amount of confidential information removed from a facility shall be kept to 
the minimum necessary for the timely and effective implementation of the 
verification provisions of the Convention; and 
(h) Access to confidential information shall be regulated in accordance with its 
classification. The dissemination of c onfidential information within the 
Organization shall be strictly on a need-to-know basis. 
 3. The Director-General shall report annually to the Conference on the implementation of the 
regime governing the handling of confidential information by the Technical Secretariat. 
 4. Each State Party shall treat information, which it  receives from the Organization  in 
accordance with the level of confidentiality established for that information. Upon request, a State 
Party shall provide details on the handling of information provided to it by the Organization. 
B.   Employment and Conduct of Personnel in the Technical Secretariat 
 5. Conditions of staff employment shall be such as to ensure that access to and handling of 
confidential information shall be in conformity with the procedures established by the Director -
General in accordance with Section A. 
 6. Each position in the Technical Secretariat shall be governed by a formal position description 
that specifies the scope of access to confidential information, if any needed in that position. 
 7. The Director-General, the inspectors and the other members of the staff s hall not disclose 
even after termination of their functions to any unauthorized persons any confidential information 
coming to their knowledge in the performance of their official duties. They shall not communicate to 
any state, organization or person outside the Technical Secretariat any information to which they have 
access in connection with their activities in relation to any State Party. 
 8. In the discharge of their functions inspectors shall only request the information and data 
which are necessary to fulfill their mandate. They shall not make any records of information collected 
incidentally and not related to verification of compliance with the Convention. 
 9. The staff shall enter into individual secrecy agreements with the technical secretariat 
covering their period of employment and a period of five years after it is terminated. 
 10. In order to avoid improper disclosures, inspectors and staff members shall be appropriately 
advised and reminded about security considerations and of the possible penalties that they would incur 
in the event of improper disclosure.  
 
Page 30 of 31 
 
 11. Not less than 30 days before an employee is given clearance for access to confidential 
information that refers to activities on the territory or in any other place under the jurisdiction or control 
of a State Party, the State Party concerned shall be notified of the proposed clearance. For inspectors 
the notification of a proposed designation shall fulfil this requirement. 
 12. In evaluating the performance of inspectors and any other e mployees of the Technical 
Secretariat, specific attention shall be given to the employee's record regarding protection of 
confidential information. 
C. Measures to protect sensitive Installations and Prevent Disclosure of Confidential data in 
the Course of on-site Verification Activities. 
 13. States Parties may take such measures as they deem necessary to protect confidentiality, 
provided that they fulfill their obligations to demonstrate compliance in accordance with the relevant 
Articles and the verification Annex. When receiving an inspection the State Party may indicate to the 
inspection team the equipment, documentation or areas that it considers sensitive and not related to the 
purpose of the inspection. 
 14. Inspection teams shall be guided by the pri nciple of conducting on-site inspections in the 
least intrusive manner possible consistent with the effective and timely accomplishment of their 
mission. They shall take into consideration proposals which may be made by the State Party receiving 
the inspection, at whatever stage of the inspections to ensure that sensitive equipment or information 
not related to chemical weapons, is protected. 
 15. Inspection teams shall strictly abide by the provisions set forth in the relevant Articles and 
Annexes governing the conduct of inspections. They shall fully respect the procedures designed to 
protect sensitive installations and to prevent the disclosure of confidential data. 
 16. In the elaboration of arrangements and facility agreements, due regard shall be paid to the 
requirement of protecting confidential information. Agreements on inspection procedures for 
individual facilities shall also include specific and detailed arrangements with regard to the 
determination of those areas of the facility to which inspecto rs are granted access the storage of 
confidential information on-site, the scope of the inspection effort in agreed areas the taking of samples 
and their analysis, the access to records and the use of instruments and continuous monitoring 
equipment. 
 17. The report to be prepared after each inspection shall only contain facts relevant to 
compliance with the Convention. The report shall be handled in accordance with the regulations 
established by the Organization governing the handling of confidential inform ation. If necessary, the 
information contained in the report shall be processed into less sensitive forms before it is transmitted 
outside the Technical Secretariat and the inspected State Party. 
D.   Procedures in case of Breaches or Alleged Breaches of Confidentiality. 
 18. The Director -General shall establish necessary procedures to be followed in case of 
breaches or alleged breaches of confidentiality, taking into account recommendations to be considered 
and approved by the Conference pursuant to Article VIII, paragraph 21 (i). 
 19. The Director-General shall oversee the implemen tation of individual secrecy agreements. 
The Director-General shall promptly initiate an investigation if, in his judgement, there is sufficient 
 
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indication that obligations conc erning the protection of confidential information have been violated. 
The Director-General shall also promptly initiate an investigation if an allegation concerning a breach 
of confidentiality is made by a State Party. 
 20. The Director-General shall impose appropriate punitive and disciplinary measures on staff 
members who have violated their obligations to protect confidential information. In cases of serious 
breaches, the immunity from jurisdiction may be waived by the Director-General. 
 21. States Parties shall, to the extent possible, cooperate and support the Director -General in 
investigating any breach or alleged breach of confidentiality and in taking appropriate action in case a 
breach has been established. 
 22. The Organization shall not be held li able for any breach of confidentiality committed by 
members of the Technical Secretariat.  
 23. For breaches involving both a State Party and the Organization, a “Commission for the 
settlement of disputes related to confidentiality”, set up as a subsidiary organ of the Conference, shall 
consider the case. This Commission shall be appointed by the Conference. Rules governing its 
composition and operating procedures shall be adopted by the Conference at its first session.