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1. Working together for a world free of chemical weapons
www.opcw.org
1
ORGANISATION FOR THE PROHIBITION OF CHEMICAL WEAPONS
REGIONAL TRAINING COURSE FOR CUSTOMS
AUTHORITIES OF STATES PARTIES IN ASIA ON
TECHNICAL ASPECTS OF THE TRANSFERS REGIME
OF THE CHEMICAL WEAPONS CONVENTION
New Delhi, India, 10-13 December 2012
Declarations Branch/Verification Division
CWC Transfer Provisions

2. Import and Export provisions of the CWC

3. Objectives
 By the end of this session participants would:
− Be acquainted with CWC notification and
reporting requirements for imports and exports
of scheduled chemicals
− Be aware of restrictions on trade in scheduled
chemicals with States not Party to CWC
− Be familiar with statistics of trade in scheduled
chemicals in Asia
Note - you will need these provisions and
guidelines in the exercises to come

4. Article I Prohibitions
1. Each State Party to this Convention undertakes
never under any circumstances:
(a) To develop, produce, otherwise acquire,
stockpile or retain chemical weapons, or
transfer, directly or indirectly, chemical
weapons to anyone;
(b) To use chemical weapons;
(c) To engage in any military preparations to
use chemical weapons;
(d) To assist, encourage or induce, in any way,
anyone to engage in any activity prohibited
to a State Party under this Convention. ...

5. General Schedule 1 Provisions
 Shall not produce, acquire, retain, transfer
or use S1 chemicals unless:
– for research, medical, pharmaceutical or
protective purposes only
– types and quantities are strictly limited to
those justified for that purposes
– max aggregate of 1 tonne of all S1 chemicals
stored at any time in State Party or acquired in
any 1 year

6. S1 Transfer Provisions
 A state party may transfer schedule 1
chemicals outside its territory only to
another state party and only for research,
medical, pharmaceutical or protective
purposes
 S1 chemicals transferred shall not be
retransferred to a third state

7. S1 Transfer Provisions (cont.)
 Both States Parties shall notify Technical
Secretariat 30 days before transfer
− exemption for 5mg or less of Saxitoxin for
medical/diagnostic purposes (test kits for Paralytic
Shellfish Poisoning) – notification at time of transfer
 Each state party shall make a detailed annual
declaration regarding transfers during the
previous year.
– For each transfer: details of chemical, quantities,
recipient and purpose (end use).

8. S2 Aggregate National Data
 Annual declaration of AND for the previous
calendar year on the quantities produced,
processed, consumed, imported and
exported of each Schedule 2 chemical
 plus quantitative specification of import and
export for each country involved

9. S3 Aggregate National Data
 Annual declaration of AND for the previous
calendar year on the quantities produced,
imported and exported of each Schedule 3
chemical
 plus quantitative specification of import and
export for each country involved.

10.  AND shall include activity by natural and legal persons
transferring a declarable chemical (includes traders – not
limited to declarable plant sites)
 A Sch 2 and Sch 3 chemical shall be included if the total
AND for the year for that activity (e.g. import or export) is
more than the threshold specified in Verification Annex for
that chemical
– 1 kg for S2A* (BZ)
– 100 kg for S2A
– 1 tonne for S2B
– 30 tonnes for S3
 E.g. if total imports of a S2 or S3 chemical in a year for the
country as a whole (not individual shipments or imports by a
single company) goes above threshold must declare
Guidelines for Aggregate National Data (AND)
Declarations
C-7/DEC.14 dated 10 October 2002

11.  Chemicals mixtures containing 30% or less
of a Schedule 2B or 3 chemical are not
subject to any declarations obligations
(C-V/DEC.19, May 2000)
 More complex rules for chemicals mixtures
containing Schedule 2A or 2A* chemical but
for import/export, mixtures containing equal
or less than 1% are not subject to any
declarations obligations (C-14/DEC.4, December 2009)
Low Concentration Limits for Declarations
of Schedule 2/3

12. Transfers to States Not Party

13.  Rest of World
Angola
Egypt
Somalia
South Sudan
States Not Party to CWC
(as at 30 November 2012)
 Asia
Israel
Myanmar
Democratic Peoples
Republic of Korea
Syria

14.  Schedule 1
– Total ban on transfer of any quantity to States Not Party,
NO exceptions
 Schedule 2
– Ban on transfers of any quantity to or from States Not
Party with some exceptions
 Schedule 3
– No ban currently but End Use Certificate required for
transfers to States Not Party with some exceptions
Summary of Trade Restrictions
with States Not Party

15.  Schedule 2 chemicals shall only be
transferred to or received from States
Parties (as of 29 April 2000) except
– products containing one percent or less of a Schedule
2A or 2A* chemical;
– products containing 10 percent or less of a Schedule
2B chemical
– products identified as consumer goods packaged for
retail sale for personal use or packaged for individual
use
S2 Transfers to States Not Party
(C-V/DEC.16, May 2000)

16. S3 Transfers to States not Party
 End-Use Certificate (EUC) required for transfers
to States not Party from “competent
government authority” in the State not Party
(not importer)
 EUC should state for the transferred chemical:
– That they will only be used for purposes not prohibited under
the Convention
– That they will not be retransferred
– Their types and quantities
– Their end-use(s)
– The name(s) and address(es) of the end-user(s)
 Additional measures possible in future (last discussed
at 2nd Review Conference in April 2008 but just
reaffirmed need for EUC).

17. S3 Transfers to States not Party
NO EUC required for (C-VI/DEC.10, May 2001):
 Products containing 30 % or less of a Schedule 3
chemical
 Products identified as consumer goods packaged
for retail sale for personal use, or packaged for
individual use

18. SOME STATISTICS

19. 0
50000
100000
150000
200000
250000
300000
350000
Sched 1 Sched 2 Sched 3
2.2 g 4 700 t
320 000 t
Quantities Imported/Exported in 2011

20. Most traded Schedule 2 chemicals
Most Traded S2
Chemicals
Main Uses
(Commercial)
2009
(in tonnes)
2010
(in tonnes)
2011
(in tonnes)
Dimethyl
methylphosphonate
Flame retardant 820 1310 1300
Thiodiglycol
Textile dyeing,
inks, resins
750 1020 700
Diethyl
ethylphosphonate
Flame retardant 640 1000 890
2-(N,N-Diethylamino)
ethylchloride
hydrochloride
Pharmaceuticals 480 460 470
Mixture of CAS RN
41203-81-0 and
CAS RN 42595-45-9
Flame retardant 215 320 330
TOTAL (All S2 Chemicals) 3900 t 5200 t 4700 t

21. Most traded Schedule 3 chemicals
Most Traded
S3 Chemicals
Main Uses
(Commercial)
2009
(in tonnes)
2010
(in tonnes)
2011
(in tonnes)
Triethanolamine
Cement/concrete,
cosmetics,
surfactants (soaps
and waxes), etc
166 400 173 900 170 000
Methyl
diethanolamine
Natural gas
treatment
55 000 47 000 55 700
Phosphorous
trichloride
Chlorinating agent
and precursor for
many P containing
chemicals
42 540 44 100 43 150
Thionyl chloride Chlorinating agent 16 700 18 550 18 360
Phosphorous
oxychloride
Precursor for many
P containing
chemicals
8 280 8 320 12 250
TOTAL (all S3 chemicals) 305 000 t 310 000 t 320 000 t

22. Trade in Scheduled Chemicals in Asia

23. Trade in Scheduled Chemicals in Asia in 2011
 A number of States Parties in Asia produce small
amount of Schedule 1 chemicals; only 1 transfer
took place in 2011
 Trade in Schedule 2 chemicals - ~ 1300 tonnes
(~28 % of world trade of S2 chemicals (4 700 t))
 Trade in Schedule 3 chemicals - ~ 111 200 tonnes
(~35 % of world trade of S3 chemicals (320 000 t))

24. Schedule 2 and 3 Trade in Asia in 2011
 27 States Parties in Asia reported to be involved in
S2/S3 trade in 2011

25. 25
25
Trade in Schedule Chemicals in Asia
(in tonnes)
Years S2 chemicals S3 chemicals
2011 1 300 111 200
2010 1 300 110 000
2009 1 000 115 000
2008 1 250 90 000

26. Trade in S2 Chemicals declarad in Asia in 2011
Sched CAS Chemical name
Quantity
(in tonnes)
2B04 78-38-6 Diethyl ethylphosphonate 400
2B04 170836-68-7
Mixture of CAS RN 41203-81-0
and CAS RN 42595-45-9
200
2B04 756-79-6 Dimethyl methylphosphonate 120
2B13 111-48-8 Thiodiglycol 110
2B10 4584-46-7
2-(N,N-Dimethylamino)
ethylchloride hydrochloride
100
2B10 869-24-9
2-(N,N-Diethylamino)
ethylchloride hydrochloride
90
2B04 41203-81-0
(5-ethyl-2-methyl-2-oxido-1,3,2-
dioxaphosphinan-5-yl)methyl
methyl methylphosphonate
60
2B04 42595-45-9
bis[(5-Ethyl-2-methyl-2-oxido-
1,3,2-dioxaphosphinan-5-
yl)methyl] methylposphonate
25

27. 27
Trade in S3 Chemicals declarad in Asia in 2011
Sched CAS Chemical name
Quantity
(in tonnes)
3B17 102-71-6 Triethanolamine 55 900
3B16
105-59-9 Methyldiethanolamine 25 000
3B06 7719-12-2 Phosphorus trichloride 11 500
3B14
7719-09-7 Thionyl chloride 5 000
3B08 121-45-9 Trimethyl phosphite 4 200
3B04 76-06-2 Chlorpicrin 2000
3B05 10025-87-3 Phosphorus oxychloride 2 000
3B07 10026-13-8 Phosphorus pentachloride 1 800
3B09 122-52-1 Triethyl phosphite 1 300
3B10 868-85-9 Dimethyl phosphite 1 100

28. Thank You
Questions?