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Excerpted from the Inventory of International Organizations and Regimes 2001 published by the CNS International Organizations and Nonproliferation Project. A complete PDF copy of the 2000 edition of the Inventory is available in the Publications section of the NTI website.
Convention on the Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on their Destruction (CWC)
Opened for signature: 13 January 1993
Entered into force: 29 April
1997
The Convention is of unlimited duration.
Signatories: 166
states.
Ratifications/Accessions: 143 states.
Depositary: UN Secretary-General
Obligations: not to develop, produce, otherwise acquire,
stockpile or retain chemical weapons, or transfer, directly or indirectly,
chemical weapons to anyone; not to use chemical weapons; not to engage in
military preparations for use of chemical weapons; not to assist, encourage, or
induce anyone to engage in any activity prohibited to a State Party under the
Convention.
Each State Party is required to destroy all chemical weapons and chemical
weapons production facilities it owns or possesses or that are located in any
place under its jurisdiction or control, as well any chemical weapons it
abandoned on the territory of another State Party not later than 10 years after
entry into force of the Convention. Each State Party also undertakes not to use
riot control agents as a method of warfare. The Convention defines a chemical
weapon as the following, together or separately:
"a) Toxic chemicals and their precursors, except where intended
for purposes not prohibited under the Convention, as long as the types and
quantities are consistent with such purposes; b) Munitions and devices,
specifically designed to cause death or other harm through the toxic properties
of those toxic chemicals specified in Subparagraph (a), which would be
released as a result of the employment of such munitions and devices;
c) Any equipment specifically designed for use directly in connection with
the employment of munitions and devices specified in
subparagraph."
The Convention identifies and categorizes toxic chemicals and precursors
according to their potential for chemical weapons application and extent of
industrial applications. Schedule 1 lists chemicals with high potential weapons
utility and little or no industrial utility. Schedule 2 singles out chemicals
with some degree of commercial application and significant potential for use in
weapons. Schedule 3 chemicals are generally produced in large quantities for
industrial purposes and have some potential for chemical weapons application.
Declarations and verification requirements are the most stringent for Schedule 1
and the least so for Schedule 3.
Verification: is conducted through a combination of reporting
and routine on-site inspections of declared sites. To ensure the implementation
of the Convention's provisions, including those on verification and compliance,
the Organization for the Prohibition of Chemical Weapons (OPCW) was established
upon the entry into force of the Convention (April 29, 1997). In addition to
routine verification and recourse to a procedure for consultations, cooperation,
and fact-finding, each State Party has the right to request an on-site challenge
inspection of any facility or location in any other State Party for the purpose
of clarifying and resolving questions concerning possible non-compliance. The
challenge inspection team is designated by the Director General of the OPCW
and dispatched as quickly as possible.
Declarations: Reportedly, eleven countries have declared
possession of existing or former CW-production facilities, these include, among
others: China, France, India, Iran, Japan, Republic of Korea, Russia, United
Kingdom, and United States. Four countries have declared CW stocks: India,
Republic of Korea, Russia and U.S.A. Eight countries have declared old CW on their
territory, including: Belgium, France, Germany, Italy, Japan and UK. Four
countries have declared abandoned CW on their territory, including: China,
Italy, and Panama.
Other main provisions: the Convention provides for the
rendering to States Parties of protection against chemical weapons and
assistance in the event of a chemical attack. States Parties undertake to
facilitate the fullest possible exchange of chemicals, equipment, and scientific
and technical information relating to the development and application of
chemistry for purposes not prohibited under the Convention. States Parties are
obliged to provide data on the import and export of scheduled chemicals, as well
as data on facilities and chemical production. Restrictions on transfers of
Schedule 1 and 2 chemicals to states not party to the Convention entered effect
at entry into force and on April 29, 2000, respectively. Those on Schedule 3
transfers will be considered five years from entry into force. Each State Party
is required to enact national implementing legislation to, inter alia,
prohibit individuals under its jurisdiction or control from engaging in
activities prohibited by the Convention. Each State Party is obligated to
designate or establish a National Authority to serve as the focal point for
liaison with the OPCW and with other States Parties.
At the Helsinki Summit, March 21, 1997, Presidents Clinton and Yeltsin
signed a "Joint U.S.-Russian Statement on Chemical Weapons". The
statement noted that the two presidents discussed issues relating to the entry
into force of the CWC. They stressed the commitment of the U.S. and Russia to full
and effective accomplishment of the tasks and objectives of the Convention. The
Presidents reaffirmed their intention to take the steps necessary to expedite
ratification in each of the two countries. President Clinton expressed his
determination that the U.S. be a party when the Convention entered into force in
April 1997, and strongly urged prompt Senate action. President Yeltsin noted
that the Convention had been submitted to the Duma with his strong
recommendation for prompt ratification.
The Presidents noted that cooperation between the two countries in the
prohibition of chemical weapons has enabled both countries to enhance openness
regarding their military chemical potential and to gain experience with
procedures and measures for verifying compliance with the CWC. They agreed to
continue cooperation in chemical disarmament.
The United States undertook to seek appropriation of necessary funds to
build a facility for the destruction of neuroparalytic toxins in Russia as
previously agreed.
The U.S. Senate voted to ratify the CWC on 24 April 1997 by a vote of 74 in
favor and 26 against.
Organization for the Prohibition of Chemical Weapons (OPCW):
The OPCW came into being at the entry into force of the CWC. The OPCW
Technical Secretariat has a staff of approximately 500, some 200 of which are
inspectors. The total budget for 1998 was 141 million Dutch guilders ($70
million) with roughly 83 million guilders ($41.5 million) allocated for
verification. Total annual budgets for 1999 and 2000 were approximately 138 and
133 million guilders ($72 and $62 million), 77 and 69 million guilders ($40.5
and $32 million) of which were allocated for verification. The total budget for
2001 was set at approximately 60 million Euros ($54 million), with 29.5 million
Euros ($26 million) of that earmarked for verification.
Headquarters: The Hague
Principal organs:
Conference of the States Parties - The OPCW's principal
organ, composed of representative of all Member States. Regular session of the
Conference is to be held annually unless otherwise decided, and special sessions
convened when necessary. The Conference can take decisions on any matters brought
to its attention by the Executive Council or any of the States Parties. It elects
members of the Executive Council and appoints the Director-General. The Conference
is responsible for taking measures necessary to ensure compliance, and for redressing
situations of non-compliance. It has the power to suspend the rights and privileges
of States Parties in non-compliance upon the recommendation of the Executive
Council, and may recommend collective measures if a State Party engages in activities
prohibited by the Convention. In cases of particular gravity, the Conference
is to inform the UNSC and the UNGA.
The first session of the Conference of States Parties was held in The
Hague, May 6-23, 1997, with the participation of 80 States Parties, 3
contracting states, and 34 signatory states. Pieter Cornelis Feith (The
Netherlands) was the Chairman. The second session was held from December 1-5,
1997. It was attended by 82 States Parties, 2 contracting states, 18 signatory
states and 2 observers, and chaired by Ambassador Simbarashe S. Mumbengegwi
(Zimbabwe). The third Conference was held from November 16-20, 1998 and attended
by 96 States Parties, 16 signatory states and 2 observers. It was chaired by
Ambassador Young-shik Song (Republic of Korea). The fourth session was held from
June 28-July 2, 1999. It was chaired by Ambassador István Gyarmati of
Hungary and attended by 102 States Parties, 14 signatory states, and 1 observer.
The fifth session took place May 15-19, 2000 and was attended by 109 States
Parties, 2 contracting states, 7 signatory states, and 1 observer.
Executive Council - consists of 41 rotating
members, representing five regional groupings: Africa, Asia, Eastern Europe,
Latin America and the Caribbean, and Western European and Others Group. The
members for 1999-2003 are as follows:
Africa: 1999-2001: Cameroon, Cote d'Ivoire, Ethiopia, Tunisia,
Zimbabwe; 2000-2002: Algeria, Morocco, Namibia, South Africa; 2001-2003: Botswana,
Cameroon, Nigeria, Sudan, Tunisia
Asia: 1999-2001: Bangladesh, China, India, Japan, Republic of
Korea, and Saudi Arabia; 2000-2002: Indonesia, Iran, Pakistan, Sri Lanka;
2001-2003: China, India, Japan, Republic of Korea, Saudi Arabia.
Eastern Europe: 1999-2001: Romania, Ukraine; 2000-2002:
Poland, Russian Federation, Slovenia; 2001-2003: Bulgaria, Croatia.
Latin America and the Caribbean: 1999-2001: Argentina,
Brazil, Mexico; 2000-2002: Chile, Cuba, Peru, Panama; 2001-2003: Argentina,
Brazil, Mexico, Uruguay.
Western Europe and Other States: 1999-2001: France, Germany,
Italy, United Kingdom, United States; 2000-2002: Austria, Canada, Netherlands,
Spain, Sweden; 2001-2003: France, Germany, Italy, United Kingdom, United
States.
The Executive Council is the executive organ of the OPCW. Each member has
one vote, and the Council decides on matters of substance by a two-thirds
majority. The significance of chemical industry and as political and security
interests are among the factors that determine the composition of the Executive
Council. The Council can request States Parties to take measures to redress
situations of non-compliance. If the State Party concerned fails to take the
requested action, the Council may inform the other States Parties and make
recommendations to the Conference. In cases of particular gravity and urgency,
the Council is to bring the matter directly to the attention of the UNGA and
UNSC. The Council can decide by three-quarter majority to block challenge
inspections.
Technical Secretariat - carries out the practical
work of the OPCW, particularly in the area of verification. It comprises the
Director-General, who is its head and chief administrative officer; an
inspectorate responsible for verification activities; and scientific, technical,
administrative, and other support personnel.
Scientific Advisory Board: composed of independent
experts and established by the Director General in order to enable him to render
specialized advice in areas of science and technology relevant to the Convention
to the Conference, Executive Council, or States Parties.
Confidentiality Commission
Advisory Body on Administrative and Financial
Matters
Financing: All States Parties are assessed contributions to the
OPCW budget, based on the UN scale of assessment.
OPCW Update:
In December 2000, OPCW held its 22nd Session of Executive Council
during which it discussed plans of destroying chemical weapons in various countries
and carrying out inspections along with the procedure for the payment by OPCW
members of their annual contributions to the budget of this organization and
a number of important organizational questions.
On 15 December 2000, the OPCW concluded its first three-month Associate Program,
which was designed to promote the peaceful uses of chemistry, particularly amongst
those whose economies are either developing or in transition. This first program
included participants from 12 countries in Africa, Asia, Eastern Europe, and
Latin America. The OPCW Associate Program is an important part of the OPCW's
international cooperation efforts.
In October 2000, OPCW signed the relationship agreement with the UN. Both
organizations undertook, inter alia, to explore possibilities for cooperation
in the provision of assistance if chemical weapons are used in the future. The
agreement addresses the fostering of international cooperation in relation to
the peaceful use of chemistry, and will thus contribute to economic and technological
development. The CWC is among the 25 multilateral treaties identified by the
UNSG as core treaties for the new millennium. The signing of this relationship
agreement is accordingly expected to initiate a significant enhancement and
intensification of the everyday relationship between the two organizations,
in the pursuit of their shared goals of enhanced security and peace.
The Fifth Conference of the CWC States Parties held in Hague from 15-19 May
2000 reappointed the Director-General of the OPCW Mr. José Bustani for a
second term of four years starting 13 May 2001. The OPCW reported considerable
success in efforts to ban the production, stockpiling or use of chemical
weapons. More than 4,000 tons of chemical agents and over a million chemical
bombs, shells and rockets had been destroyed. OPCW staff have made more than 700
inspections in 35 countries, including 460 visits to weapons storage and
destruction sites and over 240 inspections of industrial chemical plants. The
Conference also recommend extending the deadline for Russia to destroy 1% of its
Chemical Weapons. The Conference also approved a number of requests from the
Russia and the UK for the conversion of former chemical weapons production
facilities to peaceful purposes. Delegates also welcomed two new members to the
OPCW, Malaysia and the Federal Republic of Yugoslavia, which join the
Organization on May 20th.
The OPCW stated on January 25, 2000, that the world's declared stockpiles of
70,000 tonnes of chemical weapons and more than 8 million munitions and bulk
containers had been inspected by OPCW inspectors, and were subject to a stringent
international verification regime. Three of the four countries that had declared
possession of chemical weapons were now actively destroying them under the continuous
scrutiny of OPCW monitoring teams. All of the 60 declared chemical weapons production
facilities around the world had been inspected and sealed. Of these, 20 had
been certified as destroyed, and 5 had been approved for conversion for peaceful
purposes. To prevent the proliferation of chemical weapons, a stringent industrial
verification regime had been put in place, involving inspections of facilities
that produce or consume "dual-use" chemicals that could be used for both peaceful
purposes and to create chemical weapons. By May 11, 2000, more than 4,000 tons
of chemical agents had been destroyed. Over a million chemical bombs, shells
and rockets had been destroyed. OPCW staff had made more than 700 inspections
in 35 countries, including 460 visits to weapons storage and destruction sites
and over 240 inspections of industrial chemical plants since the entry into
force of the Convention. The Organization's routine verification activities
gave no indication that States Parties were not in full compliance with their
fundamental obligations under the CWC, notwithstanding certain implementation-related
inconsistencies and technicalities, which continued to occur. However, they
were being addressed and corrected. To sum up, there was currently no evidence
to suggest that the essence of the Treaty was not being upheld.
OPCW Senior Staff: Director-General José Bustani (Brazil); Deputy Director-General
John Gee (Australia); Director, Verification Ron Manley (United Kingdom); Jean-Louis
Roland (France); Director, Inspectorate Ichiro Akiyama (Japan); and Director,
External Relations Huang Yu (China).
Address:
Johan de Wittlaan 32,
2517 JR, The Hague,
The Netherlands.
Tel: 31-70-416-33-00,
Fax: 31-70-306-35-35.
E-mail: webmaster@opcw.org
Website: http://www.opcw.org
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