PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING AND USE OF CHEMICAL WEAPONS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Application

PART II
THE ZAMBIA NATIONAL AUTHORITY ON THE CHEMICAL WEAPONS CONVENTION

   4.   Establishment of National Authority

   5.   Constitution of Authority

   6.   Functions of Authority

   7.   Director and other public officers

PART III
PROHIBITIONS

   8.   Prohibition of development production etc of chemical weapons

   9.   Jurisdiction of Courts

   10.   Prohibitions relating to Schedule 1 chemicals

   11.   Prohibitions relating to Schedule 2 chemicals

   12.   Prohibitions relating to Schedule 3 chemicals

PART IV
LICENSING

   13.   Schedule 1 chemicals

   14.   Schedules 2 and 3 chemicals and unscheduled discrete organic chemicals

   15.   Import and export of Schedules 2 and 3 chemicals

   16.   Application for licence

PART V
INSPECTION

   17.   Interpretation

   18.   Purpose of this Part

   19.   National inspections

   20.   OPCW inspectors

   21.   Persons who may accompany OPCW inspectors

   22.   Minister may issue directions

   23.   Identification certificates

   24.   Warrant for national or OPCW inspection

   25.   Obligations of national or OPCW inspector

   26.   Obstruction of inspector

PART VI
PRIVILEGES AND IMMUNITIES OF MEMBERS OF OPCW INSPECTION TEAMS

   27.   Privileges and Immunities of members of OPCW inspection teams

PART VII
INFORMATION AND DOCUMENTS

   28.   Information and Documents

   29.   Director may require information

PART VIII
POWERS OF DIRECTOR OF PUBLIC PROSECUTIONS

   30.   Failure to supply information

   31.   False or misleading statements or documents

   32.   Consent of Director of Public Prosecutions

   33.   Powers of Director of Public Prosecutions to obtain information

   34.   Bail where suspect or accused person is about to leave Zambia

   35.   Forfeiture in case of conviction

   36.   Offence by body corporate

PART IX
ENFORCEMENT PROVISIONS

   37.   Power of inspection and entry

   38.   Right of search

   39.   Power to arrest

   40.   Obstruction of officer

   41.   Immunity of officer

   42.   Appointment of prosecutors

PART X
LEGAL ASSISTANCE

   43.   Collaboration with other state authorities

PART XI
GENERAL PROVISION

   44.   Monitoring and testing centre

   45.   Regulations

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

AN ACT

to establish the Zambian National Authority on the Chemical Weapons Convention and define its powers and functions; to prohibit the development, production, stockpiling and use of chemical weapons; to provide for the destruction of chemical weapons; to give effect to the Convention on the Prohibition of the development, stockpiling and use of Chemical Weapons and on Their Destruction of 13th January, 1993; and to provide for matters connected with or incidental to the foregoing.

[13th April, 2007]

Act 2 of 2007.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Prohibition of the development, production, stockpiling and use of Chemical Weapons Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“Authority” means the Zambia National Authority on the Chemical Weapons Convention established by section 4;

“chemical weapons” means the following, together and separately—

      (a)   toxic chemicals and their precursors, except where intended for purposes not prohibited under this Act, 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 paragraph (a), which would be released as a result of the employment of such munitions and devices; and

      (c)   any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in paragraph (b);

“chemical weapons production facility” means—

      (a)   any equipment, as well as any building housing such equipment, that was designed, constructed or used at any time since 1st January 1946—

      (i)   as part of the stage in the production of chemicals (“final technological stage”) where the material flows would contain, when the equipment is in operation—

         (A)   any Schedule 1 chemical listed in the First Schedule; or

         (B)   any other chemical that has no use, above 1 tonne per year on the territory of a State Party or in any other place under the jurisdiction or control of a State Party, for purposes not prohibited under the Convention, but can be used for chemical weapons purposes; or

      (ii)   for filling chemical weapons, including, inter-alia, the filling of Schedule 1 chemicals into munitions, devices or bulk storage containers, the filling of chemicals into containers that form part of assembled binary munitions and devices or into chemical sub-munitions that form part of assembled unitary munitions and devices, and the loading of the containers and chemical sub-munitions into the respective munitions and devices; but does not include—

         (A)   any facility having a production capacity for synthesis of chemicals specified in sub-paragraph (i) that is less than 1 tonne;

         (B)   any facility in which a chemical specified in sub-paragraph (i) is or was produced as an unavailable by-product of activities for purposes not prohibited under the Convention, provided that the chemical does not exceed 3 percent of the total product and that the facility is subject to declaration and inspection under the Verification Annex; or

         (C)   the single small-scale facility for production of chemicals listed in Schedule 1 for purposes not prohibited under the Convention as referred to in Part VI of the Verification Annex; and “facility” shall be construed accordingly;

“Convention” means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction signed at Paris on 13th January, 1993;

“consumption of a chemical” means its conversion into another chemical via a chemical reaction;

“customs officer” has the meaning assigned to it by the Customs and Excise Act;

“design capacity” in relation to production capacity, means the corresponding theoretically calculated product output;

“Director” means the person appointed as Director of the Authority under section 7;

“export” means the transfer of toxic chemicals or their precursors from the Republic of Zambia to any place outside Zambia, or causing a toxic chemical or its precursor to be so transferred, whether or not in exchange for currency or any other commodity or benefit;

“import” means to bring toxic chemicals or their precursors into any part of the Republic of Zambia whether or not in exchange for currency or any other commodity or benefit;

“information” means any record regardless of form or medium;

“key component of binary or multicomponent chemical systems” (hereinafter referred to as ‘a key component’) means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multi-component system;

“member” means a member of the Authority;

“name plate capacity” in relation to production capacity, means the product output under conditions optimised for maximum quantity for the production facility, as demonstrated by one or more test-runs;

“OPCW” means the Organisation for the Prohibition of Chemical Weapons established pursuant to Article VIII of the Convention;

“officer” has the meaning assigned to it under sub-section (3) of section 7;

“person” means a natural or juristic person and includes a natural or juristic person of Zambian nationality;

“precursor” means—

      (a)   any chemical reactant, which takes part at any stage in the production by whatever method of a toxic chemical and includes any key component of a binary or multi-component chemical system; and

      (b)   precursors which have been identified for the application of verification measures by the OPCW and are listed in the First, Second and Third Schedules;

“premises” means any land, building or structure and includes a vehicle, vessel, aircraft or any other means of conveyance;

“production capacity” means the annual quantitative potential for manufacturing a specific chemical based on the technology process actually used or, if the process is not yet operational, planned to be used at the relevant facility and shall be deemed to be equal to the name plate capacity or, if the name plate capacity is not available, to the design capacity;

“processing of a chemical” means a physical process, such as formulation, extraction and purification, in which a chemical is not converted into another chemical;

“production of a chemical” means its formulation through chemical reaction;

“purposes not prohibited under the Convention” means—

      (a)   industrial, agricultural, research, medical, mineral processing, education, pharmaceutical or other peaceful purposes;

      (b)   protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;

      (c)   military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; and

      (d)   law enforcement including domestic riot control purposes;

“riot control agent” means any chemical not listed in the First, Second or Third Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects, with no lasting, long term effects and which disappear within a short time following termination of exposure;

“Schedule 1 chemicals” means the chemicals set out in Schedule 1 to the Convention and which are listed in the First Schedule;

“Schedule 2 chemicals” means the chemicals set out in Schedule 2 to the Convention and which are listed in the Second Schedule;

“Schedule 3 chemicals” means the chemicals set out in Schedule 3 to the Convention and which are listed in the Third Schedule;

“toxic chemical” means any chemical, which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to plants, animals, humans or the environment and includes all such chemicals, regardless of their origin or their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere; and

“Verification Annex” in relation to the Convention, means the Annex on Implementation and Verification.

3.   Application

   (1) This Act applies to—

      (a)   all Zambian citizens within and outside Zambia or a Zambian or foreign registered vehicle; and

      (b)   all foreign persons living, and all foreign firms and companies operating, in the Republic of Zambia.

   (2) For purposes of this section, “vehicle “means any conveyance used on land, on the sea or in the air.

PART II
THE ZAMBIA NATIONAL AUTHORITY ON THE CHEMICAL WEAPONS CONVENTION

4.   Establishment of National Authority

   (1) There is hereby established the Zambia National Authority on the Chemical Weapons Convention, which shall be responsible for the enforcement of this Act.

   (2) The Authority shall be a unit based in the Ministry responsible for foreign affairs and shall be under the control and supervision of the Minister responsible for foreign affairs.

   (3) The expenses of the Authority shall be charged upon and issued out of the general revenues of the Republic.

5.   Constitution of Authority

   (1) There is hereby constituted the National Authority, which shall consist of the following part-time members appointed by the Minister:

      (a)   a representative of the Ministry responsible for foreign affairs, who shall be the Chairperson;

      (b)   a representative of the Ministry responsible for defence, who shall be the Vice-Chairperson;

      (c)   a representative of the Ministry responsible for home affairs;

      (d)   a representative of the Inspector-General of Police;

      (e)   a representative of the Ministry responsible for science and technology;

      (f)   a representative of the Ministry responsible for health;

      (g)   a representative of the Ministry responsible for commerce, trade and industry;

      (h)   a representative of the Ministry responsible for agriculture;

      (i)   a representative of the Ministry responsible for mines;

      (j)   a representative of the Ministry responsible for information and broadcasting services;

      (k)   a representative of the Attorney-General;

      (l)   a representative of the Office of the President;

      (m)   a representative of the Environmental Council of Zambia;

      (n)   a representative of the Zambia Revenue Authority;

      (o)   a representative of the Chemistry Department of the University of Zambia;

      (p)   a representative of the National Institute for Scientific and Industrial Research; and

      (q)   the Director.

   (2) The following persons may be invited to attend meetings of the Authority but they shall have no vote:

      (a)   a representative of the United Nations Development Programme;

      (b)   a representative of the International Committee of the Red Cross;

      (c)   a representative of any organisation which campaigns against the use of chemical weapons; and

      (d)   a representative of the Zambia Chamber of Commerce and Industry.

   (3) Subject to sub-section (4), a member of the Authority shall hold office for a period of three years from the date of appointment but may be eligible for re-appointment for a further term of three years.

   (4)   The office of a member shall become vacant—

      (a)   if that member is absent without reasonable excuse from three consecutive meetings of the Authority of which the member had notice;

      (b)   upon the member’s death;

      (c)   if the member is adjudged bankrupt;

      (d)   on a member ceasing to hold office by virtue of which the member was appointed;

      (e)   if the member becomes mentally or physically incapable of performing the duties of a member of the Authority; or

      (f)   if the member is convicted of an offence under any written law and sentenced therefor to imprisonment for a term exceeding six months.

   (5) Where a vacancy occurs in terms of sub-section (4), the Minister may appoint a new member in accordance with sub-section (1), to hold office for the unexpired part of the outgoing member’s term.

   (6) A member of the Authority shall be paid such allowances as the Minister may determine.

   (7) Subject to the other provisions of this Act, the Authority may regulate its own procedure.

   (8) The Authority shall meet for the transaction of business at least once in every three months at such places and times as the Chairperson may determine.

   (9) The quorum at any meeting of the Authority shall be nine members of the Authority.

   (10) There shall preside at any meeting of the Authority—

      (a)   the Chairperson;

      (b)   in the absence of the Chairperson, the Vice-Chairperson; or

      (c)   in the absence of both the Chairperson and the Vice Chairperson, such member as the members present may elect from among their number for the purposes of that meeting.

   (11) The determination of any matter before the Authority shall be according to the votes of the majority of the members present and considering the matter.

   (12) The Authority may invite any person whose presence in its opinion is desirable to attend and to participate in the deliberations of a meeting of the Authority but such person shall have no vote.

   (13) The Authority shall cause minutes to be kept of the proceedings of every meeting of the Authority.

   (14) The Minister shall assign persons employed at the Ministry responsible for foreign affairs to perform such secretarial and administrative functions in connection with the Authority as may be necessary for the performance of its functions.

6.   Functions of Authority

   (1) The National Authority shall perform its functions so as to effectively attain the objectives of this Act.

   (2) Notwithstanding the generality of sub-section (1), the functions of the Authority are to—

      (a)   formulate and review policy on the prohibition of chemical weapons;

      (b)   operate as the National Authority for the Republic of Zambia, so as to fulfill Zambia’s obligations under the Convention, and to serve as the national focal point for effective liaison with the OPCW and other States Parties to the Convention ;

      (c)   supervise and monitor the enforcement of this Act through the regime established by this Act and the regulations made under it;

      (d)   gather the data to be reported in the initial and annual declarations to the OPCW and to report such data to the OPCW;

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