CHEMICAL WEAPONS CONVENTION ACT

Arrangement of Sections

PART I

Preliminary

1. Short title.

2. Application of the Act.

3. Acts binds the State.

4. Power to declare that Act shall cease to be in force.

PART II

Establishment of the national authority for the implementation of the chemical weapon's convention

5. The National Chemical Weapons Authority.

6. Chairman of the Authority.

7. The seal of the Authority.

8. Appointment of the Director of the National Chemical Weapons Authority.

9. Appointment of Steering Committee.

10. Meeting of the Committee.

11. Functions of the Authority.

12. Powers of the Authority.

13. Authority to submit declarations to OPCW.

14. Direction by the Minister.

15. Authority to give information to Minister.

16. Power of Authority to call for information, etc.

17. Appointment of the inspector.

18. Power of the inspector.

Part III

Prohibition and regulation of chemical weapons and toxic Chemicals

19. Prohibition to develop, produce, acquire Chemical Weapons.

20. Prohibition to develop, produce, acquire toxic chemical or precursor.

21. Export or import to be made in accordance with the Customs Ordinance.

22. Seizure and forfeiture.

23. High Court to try offence under this Act.

PART IV

Registration of persons As Producers, users

24. Registration of persons engaged in production of any toxic chemical or precursor.

25. Providing information and record.

PART V

Inspection, search And Forfeiture

26. Inspection.

27. International inspection.

28. Persons to accompany international inspectors.

29. Identification certificate.

30. Certain acts to constitute an offence.

31. Analysis of samples.

PART VI

Supplementary

32. Application of Customs Ordinance.

33. Prohibition against false declarations.

34. Refusal and revocation of approval.

35. Search warrants.

36. Punishment for contravention in relation to disclosure of confidential information.

37. General penalty.

38. Forfeiture.

39. Regulations.

40. Protection of public officers.

41. Amendment to the Extradition the extradition Law, No. 8 of 1977.

42. Existing extradition arrangements with States deemed to provide for offences in the Act.

43. Minister may treat Convention as an extradition arrangement between Sri Lanka and certain States, in respect of offences in the Act.

44. Duty of Minister to notify requesting State of measures taken against persons for whose extradition a request is made.

45. Assistance to a State.

46. Sinhala text to prevail in case of inconsistency.

47. Interpretation.

SCHEDULES

58 of 2007.

AN ACT to provide for the implementation of the Convention on the prohibition of the development, production, stockpiling and use of Chemical Weapons and their destruction and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 20th November, 2007]

PART I

Preliminary

1. Short title.

This Act may be cited as the Chemical Weapons Convention Act.

2. Application of the Act.

(1) The provisions of the Act shall apply to acts done or omitted to be done by—

(a) any person within Sri Lanka and on board any ship or aircraft registered in Sri Lanka; or

(b) any citizen of Sri Lanka, outside Sri Lanka.

(2) Notwithstanding anything in any other written law, proceedings in respect of any offence under this Act committed anywhere outside Sri Lanka shall not, by virtue only of the provision of this Act, be instituted in any Court except upon the advice of the Attorney-General.

3. Acts binds the State.

This Act binds the State in all its capacities: Provided however, nothing in this Act shall render the State liable to be prosecuted for an offence.

4. Power to declare that Act shall cease to be in force.

(1) The Minister may with the concurrence of the Cabinet of Ministers by Order published in the Gazette, declare that the provisions of this Act shall cease to be in force in the event of the Government of Sri Lanka withdrawing from the Convention in terms of the provisions of Article XVI of such Convention.

(2) Notwithstanding the provisions of this Act ceasing to be in force by virtue of an Order made under subsection (1), the validity of—

(a) the operation of anything duly done or suffered in terms of this Act or any regulation, rule or Order made thereunder prior to the making of such Order, shall not be affected;

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the provisions of this Act, prior to the making of such Order, shall not be affected;

(c) any penalty, forfeiture or punishment imposed in respect of any offence under this Act, prior to the making of such Order, shall not be affected and may validly be imposed; and

(d) any investigation, legal proceedings or remedy, in respect of any such right, privilege, obligation or liability incurred prior to this making of such order shall not be affected and any investigation or legal proceedings may be instituted or continued and any remedy, privilege, obligation or liability may be enforced as if such Order had not been made.

PART II

Establishment of the national authority for the implementation of the chemical weapon's convention

5. The National Chemical Weapons Authority.

(1) For the purposes of this Act, the Minister shall establish an Authority to be known as the National Authority for Implementation of the Chemical Weapons Convention (hereinafter referred to as "the Authority”).

(2) The Authority shall by the name assigned to it by subsection (1) be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

6. Chairman of the Authority.

(1) The Secretary to the Ministry of the Minister in charge of the subject of Industries shall be the Chairman of the Authority and shall be charged with the implementation of the Act.

(2) There shall be a Secretariat to assist the Authority headed by the Director appointed under section 8. The Secretary shall appoint to such Secretariat such number of officers of the Ministry as may be necessary to assist the Director of the Authority in the exercise, performance and discharge of the powers, duties and functions assigned to or conferred on the Director under the Act.

7. The seal of the Authority.

(1) The seal of the Authority shall be in the custody of the Chairman of the Authority and may be altered in such manner as may be determined by the Authority.

(2) The application of the seal of the Authority shall be authenticated by the signature of the Chairman of the Authority, and any other officer of the Authority authorised to authenticate the application of the seal.

(3) The seal of the Authority shall not be affixed to any instrument or document except in the presence of the Chairman of the Authority, and one other member, both of whom shall sign the instrument or document in token of their presence:

Provided that where the Chairman is unable to be present at the time when the seal of the Authority is affixed to any instrument or document, any other member authorised in writing by the Chairman in that behalf, shall be competent to sign such instrument or document in accordance with the preceding provisions of this subsection.

(4) The Authority shall maintain a register of the instruments or documents to which the seal of the Authority is affixed.

8. Appointment of the Director of the National Chemical Weapons Authority.

(1) The Minister may appoint a person qualified and experienced in work related to the Authority or with similar work experience as the Director of the National Authority for Implementation of the Chemical Weapons Convention (hereinafter referred to as "the Director”) to whom the Authority may delegate all or any of its powers and functions.

(2) The Director appointed under subsection (1) shall be remunerated in such manner and at such rates as may be determined by the Minister with the concurrence of the Minister in charage of the subject of Finance and shall be subject to such terms and conditions of service as may be specified by the Minister on the recommendation of the Authority.

(3) The Director shall be responsible for the performance of the administrative functions of the Secretariat and the implementation of the decisions of the Authority.

9. Appointment of Steering Committee.

(1) The Authority may establish a Steering Committee (hereinafter referred to as "the Committee”) to advise the Authority on the discharge of its functions.

(2) The Committee shall consist of the following members appointed by the Authority—

(a) the Director-General of the Multilateral Affairs Division of the Ministry of the Minister in charge of the subject of Foreign Affairs or a representative nominated by the Secretary, to such Ministry;

(b) the Director-General of Customs or a representative nominated by him from the Customs Department;

(c) the Controller of Imports and Exports (Control) or a representative nominated by him from the Department of Imports and Exports (Control);

(d) the Government Analyst or a representative nominated by him from the Government Analyst's Department;

(e) Registrar of Pesticides, Department of Agriculture;

(f) Director-General of the Central Environment Authority or a representative nominated by him from the Central Environment Authority;

(g) Director, Chemical and Environmental Technology Division of the Industrial Technology Institute;

(h) a senior member of the University staff who has acquired proven knowledge in chemicals specified in the Schedules to this Act; and

(i) a person who is in chemical industry engaged in the production, processing and consumption of any of the chemicals specified in the Schedules to this Act.

(3) The members of the Committee may receive such remuneration or allowances for each sitting, as may be determined by the Minister.

10. Meeting of the Committee

(1) The meetings of the Committee shall be held once at least in every two months.

(2) The quorum for any meeting of the Committee shall be as determined by the Committee by rules made in that behalf.

(3) The Secretary, or in his absence an officer chosen by the members present, shall preside at every meeting of the Committee.

11. Functions of the Authority

The functions of the Authority shall be—

(a) to implement a regulatory regime within the scope of the Convention in respect of the toxic chemicals specified in Schedules I, II and III to this Act;

(b) to seek advice or services of specialists and experts from within outside Sri Lanka;

(c) to fulfill on behalf of the Government of Sri Lanka the obligations under the Convention; and

(d) to serve as the national focal point for effective liaison with the Organisation for the Prohibition of Chemical Weapons (hereinafter referred to as "the OPCW”) and other States Parties pursuant to Article VII of the Convention.

12. Powers of the Authority.

(1) The powers of the Authority shall be—

(a) to co-ordinate with other relevant government departments and institutions with a view to—

(i) administering the licensing and permit scheme for the regulation of toxic chemicals or their precursors specified in Schedules I, II and III to this Act, and unscheduled discrete organic chemicals or the facilities used to produce them; and

(ii) assisting the relevant authorities in developing a national protection programme and appraising the OPCW periodically of its progress;

(b) to monitor the implementation of the provisions of this Act and the regulations made thereunder;

(c) to facilitate routine industry inspections;

(d) to interact with other relevant Government entities and carry out such functions and duties as are assigned to the Authority under this Act or any regulation made thereunder;

(e) to advise the Minister on matters relevant to the making of regulations under this Act;

(f) to perform any other tasks assigned to it by the Minister; and

(g) to do anything incidental or conducive to the performance of any of the functions referred to in paragraphs (a) to (d).

(2) Subject to the provisions of subsection (1), the Authority shall—

(a) monitor compliance with the provisions of the Convention ;

(b) regulate and monitor the development, production, processing, consumption, transfer, import, export or use of chemicals and their precursors specified in Schedules I, II and III to this Act;

(c) make a request to, or grant a request of, a State Party for assistance and protection under Article X, against the use or threat of use of Chemical Weapons ;

(d) make periodic inspections or challenge inspections or investigate, into the use of Chemical Weapons or riot control agents as a method of warfare ;

(e) conduct inspections for the purposes of this Act;

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