Chemical Weapons Agreement On The Prohibition Of Development. - Full Text Of The Rule

Original Language Title: ARMAS QUIMICAS CONVENCION SOBRE LA PROHIBICION DEL DESARROLLO... - Texto completo de la norma

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CHEMICAL ARMS Law 26.247 Implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. Sanctioned: April 25, 2007. In fact promulgated: May 21, 2007.

The Senate and Chamber of Deputies

of the Argentine Nation gathered

in Congress, etc.

forcefully sanctioned

Law:

IMPLEMENTATION OF THE CONVENTION

ON PROHIBITION

DEVELOPMENT, PRODUCTION,

AND THE

AND ON MATTERS

YOUR DESTRUCTION

CHAPTER I

General

ARTICLE 1 This law shall be applicable throughout the national territory, and outside the national jurisdiction, including national flag vessels and aircraft, as well as acts, acts or omissions committed by Argentine citizens abroad. ARTICLE 2 This law is aimed at the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction within the legal regime of the Argentine Republic, henceforth the Convention.

CHAPTER II

permitted activities and statements

Article 3 Any natural or legal person has the right, subject to the Convention, and to the present law, to develop, produce, acquire in any way, preserve, transfer and use, import or export toxic chemicals and their precursors for purposes not prohibited by the Convention. ARTICLE 4 Any natural or legal person covered by the provisions of this Act shall submit to the Inter-Ministerial Commission for the Prohibition of Chemical Weapons, henceforth, the National Authority, within the time frames and forms determined by it, an initial declaration and annual declarations as required by the Convention. ARTICLE 5o Any natural or legal person who engages in any activity with chemicals in list 1 of the Convention or operates any facility that conducts activities with these substances shall be subject to the prohibitions of Part VI of the Annex on the Verification of the Convention, and to systematic verifications through site inspections, in accordance with the provisions of the Convention. ARTICLE 6 The production, acquisition, storage, conservation or use of chemicals in list 1 of the Convention within and/or outside the territory of the Argentine Republic is prohibited, except for research, medical, pharmaceutical or protection purposes, with due authorization granted by competent authority under the Convention. ARTICLE 7 The transfer of chemicals from list 1 of the Convention is also prohibited, except for another State party, and for research purposes, doctors, pharmacists or protection, and the types and quantities for the requested purposes should not be justified, not exceeding the total amount of UNA (1) tonne per year. All transfers of chemicals from list 1 of the Convention shall request authorization from the National Authority. ARTICLE 8 Chemicals may be produced from list 1 of the Convention, for research purposes, doctors, pharmacists or protection, in a single small-scale facility in accordance with the specifications established for this case by the Convention, while the total amount does not exceed UNA (1) ton per year. This facility must be approved by the National Authority. Article 9 The production of chemicals from list 1 of the Convention for protection purposes may also be carried out at a facility outside the single small-scale facility, provided that the total amount does not exceed TEN (10) kilograms per year. This facility must be approved by the National Authority. ARTICLE 10. The production of chemicals from list 1 of the Convention may be carried out in amounts greater than CIEN (100) grams per year for medical, research or pharmaceutical purposes outside the single small-scale facility provided that the amount does not exceed TEN (10) kilograms per year per installation, and must be approved by the National Authority. ARTICLE 11. The chemical synthesis of list 1 of the Convention may be carried out for research, medical or pharmaceutical purposes, but not for protection purposes, in laboratories, provided that the total amount is less than 100 grams per year per facility. These facilities shall not be subject to any, of the obligations relating to the declaration and verification specified in this Act. ARTICLE 12. Any natural or legal person, legally responsible for an installation that carries out any activity that involves chemicals from list 1 of the Convention, shall submit to the national authority an initial declaration, annual statements and other declarations, starting from the calendar year following the initial declaration, in accordance with the provisions of Part VI "D" of the Annex on the Verification of the Convention. ARTICLE 13. Any natural or legal person producing, elaborating, consummating, importing or exporting chemical substances or their precursors to list 2 of the Convention shall submit to the National Authority an initial declaration and annual declaration, starting from the calendar year following the initial declaration, in accordance with the provisions set out in Part VII "A" of the Annex to the Convention.

Chemicals may only be exported and imported from lists 1, 2 and 3 of the Convention with the corresponding authorization issued by the competent authorities.

ARTICLE 14. The chemicals in list 2 of the Convention may only be transferred to or received from States parties to the Convention. ARTICLE 15. Any natural or legal person who produces, imports or exports chemicals from list 3 of the Convention shall submit to the National Authority an initial declaration and annual statements, starting from the calendar year following the initial declaration.

These statements shall be made by industrial complexes and chemicals, in accordance with the provisions of Part VIII "A" of the Annex on the Verification of the Convention.

In cases where mixtures contain a concentration less than TREINTA BY CIENTO (30%) of a chemical from list 3 of the Convention, the National Authority may exempt the presentation of the declarations. They should be submitted only when the National Authority considers that the ease of recovery of the mixture of the chemical and its total weight pose a danger to the object and purpose of this law and objectives of the Convention.

ARTICLE 16. The chemicals in list 3 of the Convention may be transferred to States not parties to the Convention, only when they are intended for purposes not prohibited by the Convention. Any natural or legal person wishing to transfer chemicals from list 3 shall submit to the National Authority a certificate of final use of the receiving State where it is stated that each chemical shall be used for non-proscribed purposes, which shall not be transferred again, and the name and address of the user or end users, in a detailed manner the identification and quantity of the substance for transfer to non-parties. ARTICLE 17. Any natural or legal person legally responsible for an industrial plant or complex that produces by synthesis defined organic chemicals shall submit to the National Authority an initial declaration, and annual statements, starting from the calendar year following the initial declaration, in accordance with the provisions set out in Part IX "A" of the Convention Verification Annex, when they have reached the following quantities of production during the previous calendar year:

(a) More than DOSCIENTAS (200) tonnes of a defined organic chemical not included in lists 1, 2 and 3 of the Convention;

(b) More than TREINTA (30) tonnes of a defined organic chemical not included in lists 1, 2 and 3 of the Convention containing the phosphorus, sulfur or fluoride elements.

CHAPTER III

Offences and sanctions

ARTICLE 18. Offences to the provisions of this Act, the Convention and the supplementary rules that are determined accordingly shall be subject to the following sanctions, which may be cumulative:

(a) Appreciation;

(b) Fine CINCO MIL ($ 5,000) to PESOS UN MILLON ($ 1,000,000);

(c) Suspension in the Registry, from TREINTA (30) days to UN (1) year;

(d) Cancellation in the Register.

ARTICLE 19. These penalties shall be applied in the absence of civil or criminal liability that may be imposed on the offender. ARTICLE 20. The actions to impose sanctions under this law shall prescribe to CINCO (5) years of the offence. ARTICLE 21. The fines referred to in article 18 shall be allocated to the National Authority and shall be used as a remedy. ARTICLE 22. In cases where the offence was committed by a legal person, those responsible for the conduct, administration or management, they shall be personally and jointly responsible for the penalties set out in article 18. ARTICLE 23. Sanctions shall be applicable in a summary manner to ensure defence in trial, and shall be graduated according to the nature of the offence and the damage caused; the economic dimension of the facility, taking into account the capital in turn, its type and structure.

The sanctions imposed by the National Authority will be appealed to the National Appeals Chamber in the Federal Administrative Dispute. The appeal will be filed, within the time limit of TEN (10) days of notifying the penalty. The court shall decide within thirty (30) days.

ARTICLE 24. The one who will take notice of the existence of chemical weapons produced before the year 1925 and will not communicate it within the period of NOVENTA (90) days to the National Authority, with indication of the place where they are located, will be punished with a fine of PESOS SETECIENTS CINCUENTA ($ 750) to PESOS DOCE MIL QUINIENTOS ($ 12,500). ARTICLE 25. All toxic chemicals and their precursors and facilities for purposes prohibited by the Convention and this Act shall be confiscated and/or destroyed in accordance with the provisions of the Convention.

CHAPTER IV

Section I

Criminal system

ARTICLE 26. It will be repressed with imprisonment from CINCO (5) to QUINCE (15) years that develops, produces, acquires, stores, conserves, transfers, employs, imports or exports chemical weapons, or chemicals from Lists 1, 2 and 3 of the Convention for purposes prohibited by this law or the Convention.

It will be repressed with DOS prison (2) to SEIS (6) years who will begin military preparations for the use of chemical weapons, or will use as methods of warfare agents of riot repression.

ARTICLE 27. It will be repressed with imprisonment of THREE (3) months to CUATRO (4) years which will damage the instruments or equipment of verification or inspection, in order to prevent or obstruct the task of the national inspectors or the Organization. ARTICLE 28. It shall be repressed with a fine of CINCO MIL ($ 5,000) to PESOS UN MILLON ($ 1,000,000), which shall not present the declarations provided for in Chapter II of this Law.

He shall be repressed with imprisonment from THREE (3) to OCHO (8) years, who shall make false statements, forge documents, books, records or reports intended for knowledge or subject to the Controller of the National Authority or of the inspectors of the Organization.

ARTICLE 29. The person who abuses, communicates or discloses the contents of documentation or information of a confidential nature shall be repressed with imprisonment from UNO (1) to CUATRO (4) years, when they have been handed over to a national inspector or the Organization, or to the National Authority, directly or through a foreign State. ARTICLE 30. Where any of the persons involved in an offence provided for in this chapter has acted on behalf, on behalf, in interest or for the benefit of a legal person, this last fine of PESOS CINCO MIL ($ 5,000) may be imposed on PESOS UN MILLON ($ 1,000,000) and the cancellation of the legal personry, without prejudice to the penalties applicable to the authors and participants.

Section II

Procedural regime

ARTICLE 31. The investigation and prosecution of the offences provided for in this Act are within the jurisdiction of federal justice. ARTICLE 32. The inspectors designated by the National Authority in the exercise of their powers shall be entitled to perform the necessary checks in order to monitor compliance with the provisions of the Convention and this law. For such purposes, they may:

(a) Perform expertise, requesting, where appropriate, the collaboration of official agencies;

(b) Inspecting documents and records;

(c) To remove samples of any matter or element, or to refer them to laboratories approved by the Organization. In all cases, the samples will be considered to be appropriate to the installation from which confidentiality, security measures and installation procedures should be respected;

(d) Operate analysis tools at the site.

ARTICLE 33. Where the findings of national checks and inspections arise elements indicating the possible commission of a crime, the National Authority shall lodge a complaint with the competent prosecutor.

CHAPTER V

Privileges and immunities

ARTICLE 34. In accordance with the terms of the Verification Annex, Part II "B" on Privileges and Immunities of the Convention, it is incumbent upon the inspectors of the Organization and observers of other States parties to grant the privileges and immunities enjoyed by foreign diplomats in our country, as provided for in the Vienna Convention on Diplomatic Relations of 18 April 1961, during the term of their duties in the country.

Each inspector of the Organization shall be granted a visa, and any documentation necessary, in order to fulfil his or her duties, with a validity of DOS (2) years from the date of issuance.

In the event that any of the inspectors cease their duties prior to the DOS (2) years, the privileges and immunities granted, as well as the visas and other documentation, will expire at the same time.

The legal scope of diplomatic privileges and immunities of the Organization ' s officials and employees shall be governed by the agreement between the two parties, ensuring compliance by the national State.

CHAPTER VI

Inspections

ARTICLE 35. Before an international inspection is initiated, the National Authority shall send a communication to the legal representative of the facility to be inspected notifying it of the type and object of the inspection. In the case of a complaint inspection, the reasons for the complaint will be added.

In all cases, international inspectors will be accompanied by representatives of the National Authority to ensure the performance of their functions.

The Inspectors of the Organization and the representatives of the National Authority shall display their credentials before entering the facility.

ARTICLE 36. Inspections should be carried out in the form, timelines and procedures determined by the Convention for each case. Activities relating to marketing, financial operations, prices, sales, research and patents or brands will be excluded from inspection. The staff of the facility may be questioned only on aspects related to the purpose of the inspection. ARTICLE 37. Any owner, administrator or legal representative of an industrial industry or complex that produces chemical substances, either from lists 1, 2 and 3 of the Convention or of organic chemicals defined not in such lists, in accordance with the provisions of the Convention and the installation agreements, shall permit the inspectors of the National Authority and the Organization to:

(a) Unrestricted access to the inspection site, the elements to be inspected by the inspectors;

(b) Inspect documents and records that they consider relevant to the fulfilment of their mission;

(c) The extraction of samples of any matter or element including site analysis or referral for laboratory analysis approved by the Organization outside of the inspected facilities. In all cases, samples will continue to be considered property of the facility from which they were extracted, confidentiality must be respected, as well as security measures and procedures for the installation and legislation in force;

(d) Operate analysis tools at the site;

(e) Interview any employee or director of the facility in the presence of a representative of the National Authority;

(f) Take photographs and video of the parts of the installation that are necessary.

ARTICLE 38. Any owner, administrator or legal representative of an industrial industry or complex shall have the right to observe all verification activities carried out by the inspection team and shall cooperate with the National Authority or international inspectors in all that may be requested.

The inspectors representing the National Authority shall verify that the procedures, information requested and equipment used by the inspectors of the Organization are in accordance with the purpose of the assigned inspection.

ARTICLE 39. The inspectors of the National Authority and the inspectors of the Organization shall have access, with the consent of the owners or the person in charge, or through a court order of search, to arrest and address a ship, aircraft or other type of transport vehicle in order to exercise its inspection power, in accordance with the provisions of this law and the Convention. ARTICLE 40. The report of each inspection will only include the facts related to the mandated tasks and the factual conclusions reached, limiting the information to compliance with the Convention. The report will be transmitted in accordance with the standards established by the Organization for the handling of confidential information. ARTICLE 41. The Organization ' s inspectors must comply with all existing national and international standards on the preservation of the environment, health and safety of the population, animals and plants, as well as those relating to the transport of dangerous substances.

CHAPTER VII

National Authority

ARTICLE 42. The Inter-Ministerial Commission for the Prohibition of Chemical Weapons (National Authority), created by Decree 920 of 11/8/97, will be the enforcement authority of this Act. ARTICLE 43. The implementation of all obligations under the Convention and this law shall be the exclusive responsibility of the National Authority.

CHAPTER VIII

Confidentiality

ARTICLE 44. Any disclosure of confidential information obtained from the declarations of article III of the Convention, or as a result of the inspections carried out in the national territory, such as any other information to be delivered, is prohibited by a State party or by the Organization, except for the following:

(a) Where disclosure is necessary for the purposes of the Convention, ensuring that disclosure shall be in accordance with strict procedures to be adopted by the Conference of the States Parties of the Organization;

(b) When the National Authority determines that they compromise national security.

ARTICLE 45. The National Authority shall notify the holders of the declarations or operators of the facilities of any disclosure of the information provided for in the preceding article.

CHAPTER IX

Register of industries involved

the Convention

ARTICLE 46. The National Authority shall maintain and update a register of natural and legal persons who carry out activities under the Convention. To this end, the Register of Chemical Weapons created by Resolution No. 904/ 98 of 30/12/98 of the Ministry of Industry, Trade and Mining of the Nation is transferred to its jurisdiction, leaving the competence of any other agency to that function to no effect. ARTICLE 47. All natural and legal persons who undertake or wish to carry out some of the activities covered by the Convention shall be registered in the register referred to in article 46 and renew such registration annually. Once they are registered, they will be granted a record of registration or renewal of registration, which will be an indispensable requirement for all procedures related to the activities provided for by the Convention.

CHAPTER X

From the budget

ARTICLE 48. The resources of the National Authority shall come from:

(a) The corresponding provisions to meet the costs required for the implementation of this Act and to that end are set out in the National Public Service Budget Act;

(b) Received for fines as provided for in articles 18 and 21 of this Act;

(c) Donations;

(d) The collection of fees and/or tariffs;

(e) Funds provided for the purposes of this Act by multilateral agencies, foreign Governments or non-governmental organizations.

ARTICLE 49. Authorize the Chief of Cabinet of Ministers to carry out the budgetary restructurings necessary to comply with this law, during the entry into force of the Act. ARTICLE 50. Authorize the national executive branch to adjust the amounts of the fines provided for in article 18 of this Act, when exceptional circumstances have led to a significant deterioration in such amounts. ARTICLE 51. Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTICINCO DIAS OF THE MONTH OF APRIL OF THE YEAR DOS MIL SIETE.

# 26,247 EL

ALBERTO E. BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.