1. Working together for a world free of chemical weapons
Seminar for the Andean Region States: United Nations Security Council Resolution 1540,
12-14 March 2012, MFA, Bogota, Colombia
THE CHEMICAL WEAPONS
CONVENTION, THE OPCW AND
NATIONAL IMPLEMENTATION
MEASURES
Mr Karim Hammoud Ms Vera Hanus
Senior Legal Officer Political Affairs Officer
Office of the Legal Adviser Government Relations and Political Affairs
OPCW Technical Secretariat External Relations Division
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ORGANISATION FOR THE PROHIBITION OF CHEMICAL WEAPONS

2. Working together for a world free of chemical weapons
United Nations Security Council Resolution (UNSCR) 1540
and the Chemical Weapons Convention (CWC)
 UNSCR 1540 (2004) reaffirms that the proliferation of nuclear, chemical
and biological weapons, as well as their means of delivery, constitute a threat
to international peace and security
 UNSCR 1540 reinforces already existing obligations of States under multilateral
disarmament and non-proliferation instruments including the CWC
 UNSCR 1540 and the CWC share the common objective of international
peace and security in accordance with the UN Charter
 Implementation of the CWC advances UNSCR 1540 objectives
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3. Working together for a world free of chemical weapons
The Chemical Weapons Convention - Key Features
 Non-discriminatory, verifiable and comprehensive multilateral disarmament
and non-proliferation regime
 Creates complete ban of Chemical Weapons (development, production,
stockpiling and use) and
 Aims to eliminate an entire category of WMD under stringent
international verification
 Institutional structure of OPCW for implementation assistance
Verification and inspection capacities and transfer restrictions
 OPCW maintains a destruction verification and industry inspection capacity
on a global scale
 Establishes a chemicals regime and global transfer restrictions
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4. Working together for a world free of chemical weapons
The Chemical Weapons Convention - the Four Pillars
 Destruction of chemical weapons stockpiles and their associated production
facilities (Article I, III, IV and V)
 Non-proliferation - chemical industry only engage in permitted activities
(Article VI)
 Assistance and protection (Article X)
 International Cooperation - including the promotion of peaceful
uses of chemistry (Article XI)
The Convention provides core definitions, a legal framework and the
institutional support structure for effecting the prohibitions and to help
Implement relevant provisions.
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5. Working together for a world free of chemical weapons
The Chemical Weapons Convention - States’ obligations
States Parties undertake to …
 Declare and destroy all their chemical weapons and CW production
facilities under strict international verification
 Ensure that toxic and precursor chemicals are only used for
legitimate purposes (national implementation measures, declarations,
verification)
 Provide assistance, through the OPCW, in case of CW use against
a State Party
 Facilitate international cooperation in the peaceful application of chemistry
for permitted purposes
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6. Working together for a world free of chemical weapons
The Chemical Weapons Convention - States’ obligations
States Parties undertake NOT to …
 Develop, produce, stockpile, transfer or use chemical weapons
 Engage in any military preparations for the use of chemical weapons
 Assist, encourage or induce anyone, in any way, in any activity
prohibited for a State Party under the Convention
 Use riot control agents as a method of warfare
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7. Working together for a world free of chemical weapons
The CWC - Verification and Inspection
 Verification regime:
 stringent verification system, including the verification of destruction of
weapons stockpiles and declarations by States Parties
 Inspection regime:
 Routine inspections of chemical industry and facilities
 Challenge inspection - investigate/verify alleged non-compliance
or illegal activity (approval from the Executive Council required)
 Investigation of alleged use of CW
 Carried out in accordance with Article IX or X
 In case of alleged use of CW involving a State not Party:
Cooperation with the UNSG
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8. Working together for a world free of chemical weapons
The OPCW
 Provides a forum for cooperation and consultation among States
Parties on all issues pertaining to the implementation of the CWC
 Provides support to States Parties in the implementation of the CWC
 OPCW Organs:
 Conference of States Parties (Policy-Making Organ)
 All Member States represented, main PMO
 Convenes five-year Review Conferences (next in April 2013)
 Executive Council (Policy-Making Organ)
 Representatives of 41 Member States serve two-year terms
 Executive organ, responsible to the Conference
 Technical Secretariat
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9. Working together for a world free of chemical weapons
The OPCW - accomplishments and challenges
OPCW accomplishments:
 In its 15 years of operation since 1997, CWC/OPCW membership grew to
188 States Parties, representing 98% of the global population
 Destruction of chemical weapons stockpiles: approx three quarters will
have been destroyed by April 2012 under international verification
 100% of declared chemical weapons destruction facilities have been
inactivated or converted
 Active global industry regime which contributes to the prevention of the
spread of chemical weapons and/or toxic chemicals
 Protection and assistance and International Cooperation as
additional benefits for States Parties
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10. Working together for a world free of chemical weapons
The OPCW - accomplishments and challenges
Challenges ahead:
 Universality
 Destruction deadlines/mid to long-term outlook
 From emphasis on destruction to prevention of
re-emergence of chemical weapons
 Working towards full national implementation
 Reflection process on strategic direction
(Advisory Panel, Ambassadors’ retreat)
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11. Working together for a world free of chemical weapons
ARTICLE VII KEY PROVISIONS
1. Obligation for each State Party, in accordance with its constitutional
processes, to adopt the necessary measures to implement its obligations under
the CWC, in particular by:
a) Promulgating a penal legislation (prohibitions and sanctions for
non-state actors)
c) Ensuring the extraterritorial application of the penal legislation
4. Obligation to establish or designate a National Authority
5. Obligation to inform the OPCW of the measures taken to implement the
CWC
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12. Working together for a world free of chemical weapons
- BASIC STRUCTURE OF A NATIONAL IMPLEMENTING LEGISLATION-
 Main CWC-related definition (Art. II CWC)
 Legal basis for the establishment of a National Authority
 Prohibitions (Art. I CWC) (OP 2 UNSC 1540)
 Control regime for scheduled chemicals and discrete organic chemicals (Art.
VI CWC) (OP 3 UNSC1540)
 Control regime for categories of chemicals, basis for implementing
regulation (declaration and licensing)
 International inspections (Verification Annex)
 Further implementing provisions: forfeiture, confidentiality and legal
assistance (Art. VII 6) and Confidentiality Annex)
 Penal provisions (Art. VII CWC) (OP 3 d) UNSC 1540)
 Final provisions
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13. Working together for a world free of chemical weapons
REPORTING ON ART. VII a) to c) OBLIGATIONS
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14. Working together for a world free of chemical weapons
REPORTING ON OTHER OBLIGATIONS
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15. Working together for a world free of chemical weapons
National implementation of the CWC by States Parties
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16. Working together for a world free of chemical weapons
CONCLUSIONS REACHED DURING THE 13TH ANNUAL
MEETING OF NATIONAL AUTHORITIES, 25 – 27
NOVEMBER 2011
OPCW, THE HAGUE, NETHERLANDS
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17. Working together for a world free of chemical weapons
1. Identification of the key players-stakeholders
 The GOVERNMENT: Interested Ministries (MFA, Industry, Trade, Defence,
Environment, Health), Interested public agencies, Local government, if
applicable
 The PARLIAMENT: adoption of the legislation
 The CUSTOMS AUTHORITIES: collection of data on declarable imports and
exports of chemicals and the enforcement of trade measures
 The POLICE: enforcement of laws and regulations
 The JUDICIARY AUTHORITIES: implementation of penal provisions, and
legal assistance and cooperation
 The INDUSTRY AND TRADERS: carry out activities under the CWC
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18. Working together for a world free of chemical weapons
2. Essential cooperation among key players-stakeholders
 Raise awareness among all stakeholders;
 Constitutional (monist vs dualist) and legal system (common vs civil);
 Adapt/adjust national legal framework;
 Submit text of legislation;
 Identifying “champions” within the Executive and the Legislative
branches;
 Capacity to implement and enforce the legislation/regulation;
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19. Working together for a world free of chemical weapons
RECOMMENDATIONS BY THE ADVISORY PANEL
REGARDING
THE NATIONAL IMPLEMENTATION OF THE CWC
(S/951/2011)
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20. Working together for a world free of chemical weapons
 Border control and law enforcement measures need to be applied by (all) States
Parties to detect, deter, prevent and combat illicit trafficking and brokering of chemical
weapons, and of dual use goods that could be used for chemical weapons purposes. The
OPCW should assist and encourage States Parties in this regard and ensure that there will
be a “level playing field” for such controls to avoid loopholes as well as discrimination.
 Governments supported by their chemical industry, research, academia and other relevant
sectors of society, should lead to the development of a culture of compliance based on
adequate laws and regulations and underpinned by self-regulation and conscious
participation in the implementation of the requirements of the Convention by all
stakeholders.
 The Director-General may also consider setting up a group of experts from chemical
industry to advise the OPCW on how to better interact with the chemical industry, as
the Panel duly noted the concerns in the chemical industry caused by misgivings about the
uneven implementation of the Convention by different States Parties which causes gaps in
declarations and unequal regulatory treatment of chemical companies in different States
Parties.
 For the OPCW Technical Secretariat, providing tailored and sustainable technical
assistance (“implementation support”) to States Parties should remain one of the highest
priorities.
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21. Working together for a world free of chemical weapons
OPCW LEGISLATIVE ASSISTANCE
PROGRAMME
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22. Working together for a world free of chemical weapons
OPCW LEGISLATIVE ASSISTANCE PROGRAMME
 ASSISTANCE IN DRAFTING LEGISLATION
• Review and comment of draft implementing texts
• Review of existing measures with a view to prepare suggestions as to possible
amendments or in order to identify areas which could benefit from
complementary measures
 WORKSHOPS AND SEMINARS
Regional, subregional, and national thematic workshops for legislative drafters, for
inspection escorts, or for customs officials …
 ON-SITE TAVs
Provision of general or tailor made legal advice at meetings of National Authorities,
(including drafting and awareness raising sessions)
 REFERENCE MATERIAL
 FELLOWSHIP
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