Equipo Nizkor - Pakistan: Chemical Weapons Convention Implementation Regulations, 2010.

REGISTERED No. M - 302
L.- 7646

The Gazette of Pakistan
EXTRAORDINARY
PUBLISHED BY AUTHORITY
ISLAMABAD, WEDNESDAY, March 26, 2010

PART II
Statutory Notifications (S.R.O.)

GOVERNMENT OF PAKISTAN
MINISTRY OF FOREIGN AFFAIRS

NOTIFICATION

Islamabad, the 19th March, 2010

S.R.O205(I)/2010 in exercise of the powers conferred by section 26 of the Chemicals Weapons Convention Implementation Ordinance 2000 (LIV of 2000), the National Authority, Ministry of Foreign Affairs is pleased to make the following rules, namely:-

1. Short title and commencement: - (1) These rules may be called the Chemical Weapons Convention (Implementation) Rules, 2010.

(2) They shall come into force at once.

2. Definitions;- (1) In these Rules, unless there is anything repugnant in the subject or context,

(a) "activities" includes activities for permitted purposes under the Ordinance;

(b) "approved equipment" means the equipment authorized by the National Authority specifically made for the inspection of Schedule I, II and III Chemicals respectively and other chemical production facilities as defined under Part IX of the Annex on implementation and verification in the Convention;

(c) "Committee" means Advisory Committee constituted under Rule 3;

(d) "consumption" means the conversion of a chemical into another chemical by a chemical reaction;

(e) "designated authority" means the government department designated by the National Authority from time to time for proper and effective implementation of these rules;

(f) "Cell" means an emergency coordination cell established by the National Authority;

(g) "export" means the transportation, transit and transshipment of Scheduled chemicals, or unscheduled discrete organic chemicals (DOCs) and unscheduled discrete organic chemicals containing elements of phosphorous, sulphur or flourine (PSF DOCs) under the Ordinance by any means out of the territory of Pakistan;

(h) "facility" means the facility as defined under Part I of the Annex on Implementation and Verification (Verification Annex) in the Convention;

(i) "inspector" means any person or agency notified by the National Authority as inspector;

(j) "import" means the transportation, transit and transshipment of scheduled chemicals, or unscheduled discrete organic chemicals (DOCs) and unscheduled discrete organic chemicals containing elements of phosphorous, sulphur or flourine (PSF DOCs) under the Ordinance by any means into of the territory of Pakistan;

(k) "Organization" means, the Organization for the Prohibition of Chemical Weapons established pursuant to Article VIII of the Convention;

(l) "permit" means authorization of National Authority or its designated authority to import or export scheduled chemicals;

(m) "production" means a process in which a chemical is formed through a chemical reaction;

(n) "processing" means a physical process such as formulation, extraction and purification, in which a chemical is not converted into another chemical;

(o) "transfer" means the conveyance of all permitted chemicals by or between facilities within the territory of Pakistan;

(p) "transit" means transportation through the territory of Pakistan by land, air or sea;

(q) "schedule I Chemical" means the chemical mentioned in the schedule I of the Ordinance;

(r) "schedule II Chemical" means the chemical mentioned in the schedule II of the Ordinance;

(s) "schedule III Chemical" means the chemical mentioned in the schedule III of the Ordinance; and

(t) "storage" means retention of scheduled chemicals or DOCs or PSF DOCs by any facility for the permitted purposes;

(2) The words and expressions used but not defined herein shall have the same meaning as are assigned to them under the Ordinance and the Convention.

3. Establishment of an Advisory Committee:- (1) The National Authority may establish an Advisory Committee.

(2) The Committee shall consist of Chairman, Secretary and such other members as the National Authority may deem appropriate.

(3) The Additional Secretary (UN) Ministry of Foreign Affairs, shall be the Chairman of the Committee.

(4) The Director General National Authority CWC or Director General Disarmament-C as the case may be, shall be the Secretary of the Committee.

(5) The other members of the Committee may include:-

(a) Director General Disarmament-P, Ministry of Foreign Affairs;

(b) representative of the Ministry of Defence;

(c) representatives of Strategic Plans Division;

(d) representative of Ministry of Industry;

(e) representative of the Ministry of Information;

(f) representatives of the Ministry of Interior including Police, Fire Brigade, Civil Defence , Federal Investigation Agency;

(g) representative of the National Disaster Management Authority;

(h) representative of the Strategic Export Control Division;

(i) representatives of Civil Aviation and Ambulance Services;

(j) representative of Ministry of Health;

(k) representative of Ministry of Commerce;

(l) representative of Ministry of Law and Justice;

(m) representative of Federal Board of Revenue;

(n) representative of Ministry of Environment;

(o) representative of Pakistan Council of Scientific and Industrial Research;

(6) The Committee may meet at such time and place and in such manner as the Chairman may deem appropriate.

(7) The Chairman may, as and when required, and for the purpose of advice may invite all or any of the above mentioned members to participate in the forthcoming meeting of the Committee as is required by the Agenda or business.

4. Functions of the Advisory Committee The Advisory Committee may advise and give recommendations to the National Authority for the issuance of guidelines for an emergency situation that may occur due to any accident or sabotage at any facility.

(2) The National Authority may seek recommendations from the Committee, as and when required, on any matter related to implementation of the Ordinance or Rule made there under including but not limited to consumption, processing, production, acquisition, transfer, transit, trans-shipment, storage, import or export of scheduled chemicals.

5. Record keeping requirements:- (1) Any facility involved in consumption, acquisition, production, processing , storage, transfer, imports or exports of the scheduled chemicals or unscheduled DOCs, PSF DOCs shall be under an obligation to:-

(a) keep, maintain and update electronic and manual record of consumption, acquisition, production, processing storage, transfer, imports or exports of the scheduled chemicals and unscheduled DOCs, PSF DOCs within the premises of the such facility;

(b) submit any report, document, or any other information required by the National Authority or to its designated Authority; and

(c) permit access to the personnel of National Authority or its designated Authority to the record of the facility under inspection subject to sub-section (2) of section 12 of the Ordinance.

(2) A facility shall be under an obligation to cooperate and facilitate the National Authority for all purposes incidental and ancillary to Annual Declaration to Organization.

(3) The National Authority may make policy guidelines for regulating the consumption, acquisition, production, processing storage, transfer, imports or exports of the scheduled chemicals and unscheduled DOCs, PSF DOCs for the permitted purposes under the Ordinance.

6. Declaration requirements of the facility etc:- Subject to sub-rule (2), a facility shall make declaration to the National Authority or its designated Authority in case of:-

(a) schedule I chemical, if it is produced in any quantity permissible under the license issued for production by the concerned government department.

(b) schedule II chemical, if it is produced, consumed or processed in any quantity more than referred in the following clauses, namely:-

i. One kilogram of a chemical designated in Schedule 2 Part A;

ii. One hundred kilogram of any other chemical listed in Schedule 2 Part A; and

iii. One Ton of a chemical listed in Schedule 2 Part B;

(c) schedule III chemical is consumed, processed or produced in any quantity more than thirty Tons.

(d) unscheduled discrete organic chemicals (DOCs), if consumed, processed or produced in quantities that exceed the two hundred Tons; and

(e) unscheduled discrete organic chemicals containing elements of phosphorous, sulphur and flourine (PSF chemicals) if consumed, processed or produced in quantities that exceed thirty Tons;

(2) The annual declaration by a facility of consumption, acquisition, production, processing storage, transfer, imports or exports of scheduled chemicals, unscheduled DOCs, PSF DOCs threshold quantities herein referred shall be sent to the National Authority not later than forty-five days after the end of the previous calendar year and the declaration by a facility shall include:-

(a) the name of the facility and the name of its owner, company, or enterprise operating it;

(b) the precise location of the facility;

(c) the discloser of all activities permitted under the Ordinance which are carried out by any such facility.

(d) the details of the number of plants within the facility that are engaged in activities permitted under the Ordinance; and

(3) Information on each chemical such as;

(a) the name of the chemical , common or trade name, structural formula and Chemical Abstract Service Registry Number of Chemical ,if assigned;

(b) In case of import or export, the name of importer or exporter including;

i. details on the total amount imported or exported in the previous calendar year specifying the countries involved as the country of origin, transit or destination; and

ii. the import or export of Scheduled chemicals, additional information, i.e. date, quantity, purpose as well as name and address of the suppliers or consignee.

7. Requirement of declaration :-- (1) If any facility produces any of the quantities of Scheduled Chemicals mentioned below it may not submit declaration as required under rule 6:-

(a) Schedule 2A/ 2A*: one percent or less for exports to and imports between State Parties and State not Party to the Convention for the purpose of products identified as consumer goods packed for retail sale for personal use or packed for individual use.

(b) Schedule 2B: ten percent or less for exports to and imports between State Parties and State not Party to the Convention for the purpose of products identified as consumer goods packed for retail sale for personal use or packed for individual use; and

(c) Schedule 3: thirty percent or less for exports to and imports between State Parties and State not Party to the Convention for the purpose of products identified as consumer goods packed for retail sale for personal use or packed for individual use.

8. Inspection Procedure:- (1) The National Authority shall facilitate and monitor inspection conducted by the duly authorized agency or any person designated by the Technical Secretariat of organization as inspector, to carry out;

(a) routine inspection;

(b) challenge inspection or;

(c) assistance inspection.

(2) The National Authority in order to facilitate the inspections referred to in sub-rule (1) and may

(a) appoint teams of inspectors in coordination with the Ministry of Defence, Ministry of Industries, Ministry of Health and Strategic Plans Division; and

(b) carryout inspection more than once in a calendar year, subject to verification requirement under the Ordinance;

(c) shall take all possible measures to ensure that the inspection team is not hindered or disrupted during an inspection.

(3) The inspectors shall have access to all the requisite records within the facility under inspection; and

(4) The inspection team shall be under no obligation to compensate for any business loss that may occur during an inspection;

(5) The inspection team shall have the power to take samples from the facility for the purpose of verification with the concurrence of Director-General, National Authority.

(6) The inspection team may seek through National Authority security escort from the law enforcing agency or any other assistance for the duration of inspection.

9. Privileges and immunities of inspector carrying out inspection in Pakistan :-The organization's inspector shall have all the privileges and immunities as provided under Articles 29, 30, 31, 34 and 36 (1) (b) of the Vienna Convention on Diplomatic Relations of 1961 and the First Schedule of the Diplomatic and Consular Privileges Act 1972 as is specified in section 21 of the Ordinance (IX of 1972).

10. Samples and approved equipment: -(1) An Organization inspector who has in his possession a sample from a facility in Pakistan shall: -

(a) allow the inspector notified by the National Authority to take and retain a portion of that sample taken by the inspection team; and

(b) if he analyzes the sample at the facility shall allow the inspector or technical expert designated by the National Authority to be present during the analysis.

(2) The Organization's inspector must allow an inspector notified by the National Authority to inspect the accompanied equipment on his arrival in Pakistan and to take appropriate actions.

(3) The National Authority may disallow the Organization's inspector to use or access their inspection equipment if it;

(a) does not meet the description of approved equipment for the inspection; or

(b) does not bear a document or stamp from the Technical Secretariat authenticating the equipment's designation and approval by the Secretariat.

(4) An Organization's inspector shall not violate any law or rules for the time being in force related to handling and transport of hazardous goods.

11. Registration requirement and criteria:-- (1) Any facility that produces, possesses, consumes, transfers, exports, imports scheduled chemicals or unscheduled DOCs, PSF DOCs chemicals shall apply for registration on the prescribed form within ninety days from the commencement date of these rules.

(2) The facility under sub-rule (1) shall give all details to National Authority including;

(a) number of plants to be affixed;

(b) production capacity;

(c) daily consumption;

(d) storage space available on site;

(e) details of the technicians on site;

(f) details of toxic or scheduled chemical or unscheduled DOC (PSF chemicals) ;

(g) details of procedure in case of an emergency at the site due to an accident or any uncontrollable situation;

(h) disclosure of the complete record of production, consumption and processing on facility; and

(i) any additional information which National Authority or its designated authority may seek by the applicant facility.

Provided that, such facility shall give the disclosure of information specified herein regularly after every three months.

(3) No facility shall be allowed to produce, possess, consume, transfer, export, import scheduled chemicals unscheduled DOCs, PSF DOCs without prior registration after the prescribed period.

12. Permit for import and export of Schedule I, II and III Chemicals:- (1) Subject to the Ordinance and these rules the National Authority or its designated authority may issue a permit to any facility that intends to export or import Schedule I, II or III chemicals and their mixtures.

(2) The importer or exporter, as the case may be, shall at least forty-five days prior to the subject export or import, give a written notice to the National Authority or its designated entity, which includes the information such as;

(a) the name, address and telephone number of the importer or exporter, as the case may be;

(b) for each Schedule chemical, its CAS registry number (or its structural formula if no CAS registry number has been assigned) and its quantity or percentage in the mixture;

(c) the purpose of the import or export;

(d) the anticipated date of shipment;

(e) in the case of an export, the name and address, including the country, of the ultimate recipient and of the facility for which that recipient acts, as well as their contact numbers; and

(f) in the case of an import, the name and address, including the country, of the originating sender and of the facility for which that sender acts, as well as their contact numbers.

(3) No facility shall be allowed to export or import scheduled chemicals unless a permit from the National Authority or its designated entity has been duly issued.

13. Emergency Coordination Cell:- (1) The National Authority in case of any emergency in any facility shall liaison and coordinate with any concerned Federal Government department or a Provincial department or agencies involved in dealing with crisis management and form an emergency coordination cell consisting of such members as the National Authority deems appreciate.

(2) The emergency under sub-rule (1) may include;

(a) accident at any facility; or

(b) loss or theft of scheduled chemical, unscheduled DOCs, PSF DOCs during its transportation to or from any facility.

(2) Provided that the facility under emergency as referred to in sub-rule (2) shall immediately inform the National Authority which would, then liaison with National Disaster Management Authority (NDMA).

(3) In case NDMA receives any information related to accident, loss or theft of schedule II, III chemicals, or unscheduled DOCs, PSF DOCs at a facility it shall at once bring to the notice of National Authority.

(4) The NDMA shall establish and ensure proper response system for the assistance and protection in accordance with sub-rule 13 (1) through coordination with concerned government department and agency or agencies as the case may.

14. Offences relating to inspections, disclosures or registration:- (1) In case of any contravention of the provisions of section 19 of the Ordinance such person shall be liable to imprisonment of either description for a term which may extend to two years or with fine or with both.

(2) In case of any contravention of the provisions of section 21 of the Ordinance such person shall be liable to imprisonment of either description for a term, which may extend to two years or with fine or with both.

(3) In case of any contravention of the provisions of section 23 of the Ordinance such person shall be liable to imprisonment of either description for a term, which may extend to two years or with fine or with both.

15. Power to issue notification:- The National Authority may issue notifications, directions, etc. from time to time for carrying out the purposes of these rules.

------- Sd-----
(Salman Bashir)
Secretary
Ministry of Foreign Affairs
Islamabad

[Source: The Gazette of Pakistan, Statutory Notifications (S.R.O.), Part II, 26 March 2010. By way of: Organisation for the Prohibition of Chemical Weapons (OPCW), Legislation Database.]

19Mar10 - PAK

Implementing Regulations for the Chemical Weapons Convention

- Pakistan -

[Source: The Gazette of Pakistan, Statutory Notifications (S.R.O.), Part II, 26 March 2010. By way of: Organisation for the Prohibition of Chemical Weapons (OPCW), Legislation Database.]

Legislation
Bookshop \| Donate Derechos \| Equipo Nizkor