Implementation Act To The Convention Of 13 January 1993 On The Prohibition Of The Development, Production, Storage And Use Of Chemical Weapons And On Their Destruction

Original Language Title: Ausführungsgesetz zu dem Übereinkommen vom 13. Januar 1993 über das Verbot der Entwicklung, Herstellung, Lagerung und des Einsatzes chemischer Waffen und über die Vernichtung solcher Waffen

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Read the untranslated law here: http://www.gesetze-im-internet.de/cw_ag/BJNR195400994.html

Implementation Act to the Convention of 13 January 1993 on the prohibition of the development, production, storage and use of chemical weapons and on their destruction (Implementation Act to the chemical weapons Convention - CWÜAG) CWÜAG Ausfertigung date: 02.08.1994 full quotation: "Implementation Act to the chemical weapons Convention of August 2, 1994 (BGBl. I S. 1954), most recently by article 2 paragraph 1 of the law of 6 June 2013 (Gazette I p. 1482) is changed" stand : Last modified by article 2 para 1 G v. 6.6.2013 I in 1482 for details on the stand number you see in the menu see remarks footnote (+++ text detection from: 29.4.1997 +++) G enters gem. § 21 para 1 sentence 2 iVm section I BEK. v. 4.11.1996, II 2618 mWv 29.4.1997 in force.
sections 1 to 7, 12, 15 para 1 lit No. 1. b and no. 3, para 2 and 3, article 16, paragraph 1 are no. 1, para 5 & 6 & sections 19 & 20 gem. § 21 para 1 sentence 1 iVm section I BEK. v. 4.11.1996, II 2618 mWv 16.11.1996 entered into force.

Input formula the Bundestag has decided with the consent of the Federal Council the following law: article 1 definitions for the purposes of this law mean: 1. Convention: the Convention of 13 January 1993 on the prohibition of the development, production, storage and use of chemical weapons and on their destruction such weapons including the modifications used in accordance with article 2 of the Act to the chemical weapons Convention by Decree in force;
2. allowed purposes: a) in article II No. 9 letter of c of the Convention mentioned a purposes, b) the use of means to combat unrest within the meaning of article II No. 7 of the Convention to maintain public safety and order - by the police forces of the Federal and State Governments – by the Bundeswehr for the application of measures according to the law on the application of direct coercion and the exercise of special powers by soldiers of the Bundeswehr and Allied armed forces as well as Civil Guard people or – by the Bundeswehr on missions in the framework of a system of mutual collective security (article 24 para 2 of the Basic Law) as well as the training to such use and c) the fulfilment of international commitments to disarmament or arms control;
3. organisation: the organisation established under article VIII of the Convention for the prohibition of chemical weapons;
4. Contracting State: State that is joined and in the directory of the Contracting States in the currently valid version published by the Ministry of Foreign Affairs in the Federal Gazette called the Convention;
5. production: the formation of a chemical by the chemical reaction;
6 processing: every physical process in which a chemical not to another is converted, in particular formulation, extraction and purification;
7 consumption: the transformation of a chemical in another chemical via a chemical reaction;
8 import: the movement of chemicals from abroad in the country;
9 export: the movement of chemicals from domestic to foreign countries;
10 transit: the transport of chemicals from abroad through inland, without that the chemicals in the movement of domestic reach;
11 facilities: the works referred to in paragraphs 12 to 14, establishments or facilities, including the single small facility within the meaning of part VI paragraph 8 of annex 2 to the Convention;
12 movement: local summarized all of one or more industrial companies with all their different administrative levels, which are subject to only one line and have a common infrastructure;
13. operation: a largely autonomous area, an appropriate construction or a corresponding building, in which there are one or more industrial equipment with auxiliary and associated infrastructure;
14 system: the necessary for industrial production, processing or consumption of chemical combinations of equipment including the container and the container composition;
15 facilities agreement: agreement or arrangement between the Federal Government and the organization about details of the inspection procedure for certain facilities referred to in article VI of the Convention subject to the verification;
16 inspection group: the Group commissioned by the Organization to conduct a particular inspection by inspectors and inspection assistants;
17 inspection order: the warrants granted to the inspection group of the Organization to conduct a particular inspection;
18 inspection facility: any institution or any place where an inspection referred to in article VI, or IX of the Convention or an investigation is carried out pursuant to article X of the Convention, and which is described in detail in the final inspection request, inspection on behalf or in an agreement on the establishment;
19 observer: Representative of a requesting State party or third Contracting State of the Convention, which is tasked to take part in an inspection pursuant to article IX of the Convention.

Section 2 restrictions (1) the Federal Government governs by Decree without the consent of the Federal Council the restrictions that are necessary for the fulfilment of the obligations arising from the Convention. 1 a can) the import, export and transit of the individual to specific chemicals, as far as the traffic with non-Contracting States is concerned, b) the re-export of such chemicals in a third party, c) the construction of facilities, intended for the production of such chemicals, and d) the production, processing, sale, consumption, acquisition, the left to such chemicals, the trade thus and the other exercise of actual power over them , as far as these actions by Germans in non-Contracting States are made, ban, 2 operating in number 1(c) listed facilities as well as the production of individually to specific chemicals by a permit made dependent on, as far as the establishment or production has been prohibited, and 3. Furthermore, the import, export, transit, processing, sale, consumption, purchase and the transfer of the individual to specific chemicals , the trade that make the other exercise of actual power over them and the major change of approved facilities of a permit subject.
The prohibitions pursuant to sentence 2 No. 1 letter a-c can capture acts of German abroad. Restrictions arising from other provisions remain unaffected.
(2) the approval, the rejection of an application for a permit, the withdrawal and revocation of a licence must be in writing.
(3) by a regulation referred to in paragraph 1 also can rules 1 through the approval process, as well as 2 logon and screening duties for chemicals, which import, export or transit adopted Decree of authorisation is needed according to the on the basis of paragraph 1.

§ 3 reporting obligations the Federal Government governs by Decree without the consent of the Federal Council reporting requirements in connection with activities according to section 2, subsection 1, sentence 2, as well as in relation to other institutions referred to in article VI of the Convention, as far as the fulfilment of the obligations arising from the Convention is necessary to. Under the Ordinance, in particular frequency, periods, content and form of messages as well as the way of they are sent and the deadlines for the transmission can be determined.

§ 4 who carries out an activity of safety duties, is subject to or subject restrictions after a decree adopted on the basis of sections 2 and 3, has to take the necessary measures to prevent that the designated thereon chemicals are missing or unauthorized use.

§ 5 powers (1) the Federal Office of Economics and export control (BAFA) is responsible for the granting of licences according to the on the basis of § 2 para 1 sentence 2 No. 2 and 3 adopted by Legislative Decree, as well as legal regulation adopted for the collection, processing and verification of data on the basis of this Act and which according to § 3.
(2) the Federal Ministry of finance and the Customs offices designated by him contribute to Nos. 1 and 3 to specific chemicals of the monitoring of the import, export and transit according to § 2 para 1, sentence 2. Evidence of a violation of the restrictions, which have been arising from this Act or adopted on the basis of this Act, they shall inform the Federal Office of Economics and export control (BAFA). You can reject the chemicals and their transport and packing of goods at the expense and risk of the possessor or ensure the identified deficiencies or until the decision of the competent authority.

§ 6 may use, delivery and confidentiality of data (1) the Federal Office of Economics and export control (BAFA) that match him in carrying out his tasks on the basis of this law and of the data known to the adopted legal regulations, including personal information, with other data stored by him as far as this is necessary for the fulfilment of the obligations arising from the Convention.
(2) the Federal Office of Economics and export control (BAFA) sent to the Ministry of Foreign Affairs of the Federal Ministry of Economics and technology which is required of him in the fulfilment of its tasks on the basis of this law and of the data known to the adopted legal regulations, including personal information, to the extent that such as this to the fulfilment of the obligations arising from the Convention. The authorities referred to in sentence 1 may transmit this data to other authorities insofar as this is required according to this law, the foreign trade law, the law on the control of weapons of war or major criminal offenses for their review, the pursuit of the purposes specified in article 4, paragraph 1 and 2 of the foreign trade law or the prosecution of criminal offences.
(3) the Foreign Ministry may 1 that in application of this law and of the data known to the adopted legal regulations, including personal information, to the organization provide, insofar as this is necessary for the fulfilment of the obligations arising from the Convention, which provide 2 communicated the organization data, including personal information, to other authorities, insofar as this is necessary, a) to allow this assessment of compliance with the Convention by States parties within the framework of their competence or b) to the prosecution of criminal offences to This law, the foreign trade law, the law on the control of weapons of war or major criminal offenses.
(4) for Economics and export control (BAFA) and the authorities referred to in paragraphs of 2 and 3 No. 2, submitted data only for the purpose the Federal agency may use to which they have been submitted. Use for other purposes is permitted, insofar as the data also had may be transferred. The authorities referred to in sentence 1 shall have to comply with the provisions contained in the Convention for the protection of confidential data.

Information request § 7 obligations (1) that can Federal Office of Economics and export control (BAFA), insofar as this is necessary to monitor compliance with this Act and the regulations adopted on the basis of this Act. Insofar as it is necessary for this purpose, it may require that the business documents are submitted to it, and it may make inspections of the respondents. To carry out of the tests, officials of the Federal Office for Economics and export control (BAFA) can enter the business premises and facilities of the respondents during the normal operation and business hours. The obligated party must tolerate tests pursuant to sentence 2 and entering pursuant to sentence 3.
(2) the onus is, who is subject to an approval or notification according to a decree issued on the basis of sections 2 and 3.
(3) the debtor to issue a report providing information on such questions, may refuse the answers himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings would in section 383, paragraph 1 according to the law of administrative offences. He is to teach about his right to refuse the information.

§ 8 connivance and support of inspections (1) the owner of land or premises, or where after one on the basis of sections 2 and 3 adopted Decree genehmigungs - or reportable facilities (contractors), has to tolerate inspections under article VI of the Convention within the framework of the inspection order in accordance with the section 10 and section 11 to support.
(2) the owner of land or premises any kind (contractors) has to tolerate inspections under article IX of the Convention and investigations pursuant to article X of the Convention within the framework of the inspection order in accordance with the section 10 and section 11 to support.
(3) the debtor pursuant to paragraph 1 or 2 is that him from the carrying out of inspections or investigations costs themselves, if they are not reimbursed by the organization according to the provisions of the Convention. Requests for reimbursement are to submit the Federal Office of Economics and export control (BAFA), which checks it and forwards via the Foreign Ministry to the organization.

Companion Group (1) after the articles VI and IX of the Convention, as well as investigations under article X of the Convention held § 9 inspections only in presence of a companion group, unless the regulation adopted on the basis of § 12 of the States otherwise. In inspections or investigations in the Division of the Ministry of defence, the monitoring group will be indeed Centre for verification tasks of the Bundeswehr, the Federal Office of Economics and export control (BAFA). Representatives of other federal agencies can belong to the group.
(2) the head of the monitoring group has to identify themselves. He meets the necessary for the implementation of the inspection or investigation orders, especially those for the enforcement of the referred to in §§ 10 and 11, as well as in the regulation adopted on the basis of § 12 of the more specific powers and duties to cooperate. Contradiction and annulment of instructions pursuant to sentence 2 have no suspensive effect. The Foreign Office is given the opportunity to submit its comments before the decision on the opposition.
(3) the monitoring group has to take into account the legitimate interests of the debtor and the other affected persons, as far as this is possible under the circumstances. This applies particularly with regard to measures to protect of security-sensitive facilities or confidential data in accordance with the provisions referred to in the Convention.
(4) the head of the monitoring group submitted the monitoring group in the course of an inspection or investigation the Foreign Ministry all known data to the extent that such as this to verify is required on the basis of this Act or of the data known to the adopted legal regulations. Section 6, paragraph 4 shall apply mutatis mutandis.

§ To enter 10 inspection powers (1) as far as it to carry out the inspections referred to in article VI and IX of the Convention as well as investigations under article X of the Convention is required, the inspection group authorized, 1. land and facilities during normal operation and business hours and to visit, provided that the affected areas are not living the equipment approved under the Convention to use 2. , 3. staff of the debtor to question 4 documents, files and records to see, 5 with consent of the debtor or of the head of the monitoring group to take samples, 6 samples within the inspection site with the approved equipment to analyze or to share samples for analysis in laboratories designated by the organization outside of the inspection site and 7 in the on the basis of § 2 para 1 sentence 2 No. 2 adopted regulation to operate tools for constant monitoring of these facilities subject to authorisation mechanisms, as well as containers to store photographs, maps and other information.
(2) where it is required to carry out inspections pursuant to article IX of the Convention and investigations X of the Convention pursuant to article, the inspection group which in paragraph 1 is also empowered to enter 1 land and spaces outside the usual operation and business hours, and apartments to prevent urgent threats to public safety and order after order of the head of the monitoring group and to visit these rights , 2. land, rooms or apartments after court order or at the imminent danger as directed by the head of the monitoring group to search, if the facts justify the assumption that the search will lead I, V or VI of the Convention to the discovery of evidence of a violation of article, from the inspection site to obtain data on all outward movements 3 by the monitoring group and 4. the vehicles leave the inspection site to monitor and inspect , as far as it is not to private passenger cars.
The use of chemical weapons or claims of unrest pesticides as a means of warfare, Inspection Committee is also empowered, 1 persons likely to be affected by the alleged use without their consent as directed by the head of the monitoring group to investigate to determine whether there are traces of use of chemical weapons on her body, as well as to consult these people and eye-witnesses of the alleged use , to consult 2. medical personnel and other professionals who have treated the people affected by the alleged use or else with them have come into contact, 3. to review medical records and 4th at the autopsy of the bodies to be present as far as this is necessary for the investigation of the facts of the case. The fundamental right of inviolability of the home (article 13 of the Basic Law) is restricted in the cases of sentence 1 No. 1 and 2. The warrant is issued pursuant to sentence 1 No. 2 by the District Court in whose district the search to be. The provisions of the law on the procedure in family matters and in matters relating to the proceedings of voluntary jurisdiction according to.
(3) a person who pursuant to paragraph 1 sentence 2 No. 1 or 2 questions answer No. 3 or paragraph 2, the information on such questions, may refuse the answers yourself, or one in section 383, paragraph 1 Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings under the law on administrative offences would expose. She is to lecture about the right to refuse the information.
(4) the observer has the right to accompany the inspection group, so far as it allows the head of the monitoring group during the inspection.
(5) that allows inspection group and the observer in the conduct of inspections or investigations known data, including personal information, store them, as far as this is necessary for the fulfilment of their tasks under the Convention.

§ 11 obligations to cooperate the debtor has in carrying out the inspections referred to in article 8 and investigations to support the Inspection Committee and the monitoring group, as required by articles VI, IX or X of the Convention. He has 1 on request of the competent authority or to appoint an inspection officer who is authorized to give all to carry out the inspection required operational instructions and make decisions on behalf of the debtor against the head of the Group and of the inspection group, head of the monitoring group and to ensure the compliance with the Duldungs - and the duty to cooperate under this Act concern has , 2. the Inspection Committee in relation to the inspection site, the activities there carried to instruct the security measures for the inspection and the associated management and logistics, 3. the Inspection Committee and the monitoring group of telecommunications facilities, to provide work spaces with electrical connections and the necessary means of transport within the facility to provide, insofar as an entity subject to the verification referred to in article VI of the Convention , 4. necessary to fulfil the inspection mission operations in the facility to perform, 5. at the request of the inspection group of that the use of its equipment to allow, as far as is offered in the conduct of the inspection and safety concerns do not preclude the, 6 at the request of the inspection group samples to take, during the sampling by the inspection group to provide assistance and to make photographs of objects or buildings within the inspection site , if in relation to these items and building questions during the inspection can be clarified not to support 7 on request of the Director of the monitoring group during inspections pursuant to article IX of the Convention to collect data on all outward movements from the inspection site or the monitoring group here, 8 of the inspection group by presenting appropriate documents or in any other way to demonstrate that parts and objects of the inspection site , which during the inspection or examination no access has been granted, were used for purposes prohibited by the Convention or be 9 to review the preliminary inspection investigation and clarification of questions to help inform 10 the Federal Office of Economics and export control (BAFA), if called no. 7 instruments and containers have been damaged in article 10, paragraph 1, and 11 the Federal Office of Economics and export control (BAFA) for the negotiation , the completion and compliance with agreements on facilities to provide necessary information.
In the cases of the set of 2 No. 4 and 6 to 11 he may refuse participation if he the article 383, paragraph 1 No. 1-3 of the code of civil procedure referred to in themselves this or any members of the danger of criminal prosecution or proceedings under the law on administrative offences would expose. He is to teach about the right to refuse participation.

§ 12 conducting inspections of the Federal Government may by Decree without the consent of the Federal Council, details of the powers and duties to cooperate after the pursuant to sections 10 and 11, as well as the administrative procedure to carry out the inspections referred to in article 8 and investigations rules.

§ Authorized 13 agreements on facilities (1) which is the Federal Office of Economics and export control (BAFA), to negotiate arrangements for facilities with the Organization and to conclude the agreement with the Federal Ministry of Economics and technology and the Ministry of Foreign Affairs.
(2) as far as the Federal Republic of Germany is obliged under the Convention to conclude of an agreement on a device, the Federal Office of Economics and export control (BAFA) sounds the debtor prior to the negotiations and conclusion of such an agreement. In all other cases, it will bring its prior consent.

§ 14 (1) liability is someone injured a member of the inspection, the Federal Republic of Germany according to the rules and principles of German law which would be applicable if the damage by an own official or by an act or omission for which it is responsible to the Federal Republic of Germany, would be caused shall be liable for such damage. Sentence 1 is on damage caused by a member of the inspection group outside of inspection activities, apply accordingly.
(2) claims are first alternative at the regional military district administrations, in addition to the Federal Office of Economics and export control (BAFA) to claim referred to in paragraph 1 in the cases of § 9 para 1 sentence 2. The ordinary legal process exists to enforce the claims.

§ 15 penalty provisions (1) any person who willfully is or negligently 1 a legal regulation) according to § 2 para 3 No. 2 or b) to article 3 is, as far as reference for a particular offense on this fine provision, 2. makes incorrect or incomplete statements of actual art or used to cheat a permit for yourself or someone else that is required by a legal regulation to implement this law , 3. contrary to article 7, paragraph 1 information not, incorrectly, incompletely or not in time granted, presents business documents do not, not fully or not in time or an exam or entering does not condone or contravenes 4. during an inspection of a toleration obligation according to article 8, paragraph 1 or 2 in conjunction with § 10 or a participation obligation according to § 11 record 2.
(2) the offence may in the cases of paragraph 1 No. 2 are punishable with a fine up to one hundred thousand Deutsche mark, in other cases a fine up to fifty thousand Deutsche mark.
(3) administrative authority no. 1 of the code of administrative offences is the Federal Office of Economics and export control (BAFA) in the sense of § 36 para 1.

Section 16 (1) sanctions with imprisonment up to five years or be punished with fine, who is a 1 in § 15 para 1 designated action commits no. 1 letter b, no. 3 or 4, which is likely to endanger the foreign relations of the Federal Republic of Germany, 2. a legal regulation according to § 2 para 1 sentence 2 No. 1 is, as far as reference for a particular offense on this regulation , or 3. a legal regulation to § 2 para 1 sentence 2 No. 2 is, as far as point for a particular offense to this regulation, if the Act is not threatened according to article 20 of the law on the control of weapons of war punishable.
(2) with imprisonment up to three years or with fine will be punished who section 2, subsection 1, sentence 2 contravenes no. 3 a legal regulation, as far as point for a particular offense to this regulation, if the Act is not threatened according to article 20 of the law on the control of weapons of war punishable by.
(3) in especially serious cases of paragraph 1, no. 2 and 3 the penalty is imprisonment not under two years of age. A particularly serious case usually exists if the perpetrator 1 brings about the danger of a serious disadvantage for the external relations of the Federal Republic of Germany or 2. Professional or a member of a gang, which is connected to the continued Commission of such offences, with the participation of another Member of the gang.
(4) pursuant to paragraph 1 No. 3 and paragraph 2 is also punished, who required approval is no. 2 or 3 on the basis of one after a legal regulation according to § 2 para 1, sentence 2, if the approval was obtained by threat, bribery or collusion or surreptitiously through incorrect or incomplete information.
(5) the attempt is punishable.
(6) the perpetrators are acting with negligence, the penalty in the cases of paragraph is 1 sentence imprisonment up to two years or fines in the case of paragraph 2 up to one year or a fine.

Article 17 penal provisions against the abuse of as chemical weapons (1) imprisonment not under two years of age will be punished, who 1st developed toxic chemicals, munitions, devices or equipment within the meaning of article II No. 1 letter b or c or no. 2 of the Convention for other than the permitted purposes, produces, trades with them, acquires from another or leaves another, introducing , runs, performs or else the actual violence about it exerts, 2. persuading another to an act referred to in paragraph 1 or 3. promotes an act referred to in paragraph 1,
If the Act is not threatened according to article 20 of the law on the control of weapons of war with punishment.
(2) in less serious cases, the punishment is imprisonment from three months up to five years.
(3) the perpetrators in the cases of paragraph 1 are lightly, so the penalty is imprisonment up to three years or a fine.

§ 18 foreign acts of German article 16, paragraph 1 No. 2, paragraph 5, and article 17, independently from the right of the crime scene, also apply to acts committed abroad, if the German is.

Article 19 collection (1) has been, committed a misdemeanor according to § 15 or a criminal offence according to §§ 16 or 17 enabling 1. items on which the offence or the offence relates, and 2 items that are used or have been determined to commit or prepare to be indented.
(2) section 74a of the Penal Code and article 23 of the code of administrative offences are to be applied.
(3) in cases of § 16 para 1 and 5 and § 17 para 1, in the cases of § 16 para 1 is no. 2, paragraph 5, and section 17 para 1 in conjunction with § 18, § 73d of the Penal Code apply, if the offender is professional or a member of a gang, which has connected to the continued Commission of such offences.

Powers of customs authorities (1) that public prosecutor's Office and the administrative authority for crimes and offences according to §§ 15-17 investigations (article 161 sentence 1 of the code of criminal procedure) also by the main customs offices or by the customs investigation offices be article 20 personnel.
(2) the main customs offices and the customs investigation offices and whose officials have even without request of the public prosecutor's Office or the administrative authority to investigate criminal offences and administrative offences of the kind referred to in paragraph 1 and to keep track of when these involve the movement of things. The same is true as far as the imminent danger. without prejudice to article 163 of the code of criminal procedure and article 53 of the code of administrative offences.
(3) in the cases of paragraphs 1 and 2, the main customs offices and the offices of the customs investigation officials have the rights and obligations of police officers under the provisions of the code of criminal procedure and the code of administrative offences. You are identifying persons of the public prosecutor's Office in this respect.
(4) in these cases the main customs offices and customs investigation offices as well as their officials in the NCRT can make seizures, searches, investigations, and other measures according to the code of criminal procedure applicable to determine persons of the public prosecutor's Office; under the conditions of § 111l para 2 sentence 2 of the code of criminal procedure can also the main customs offices that arrange emergency disposal.

Article 21 entry into force (1) the sections 1 to 7, 12, 15 para 1 No. 1 letter b and no. 3, para 2 and 3, article 16, paragraph 1 No. 1, par. 5 and 6 and the sections 19 and 20 apply one day after the notification pursuant to paragraph 2. Moreover this law into force on the day, on which the Convention enters into force pursuant to its article XXI.
(2) the date of entry into force of the Convention is to announce in the Gazette once the information on the date of entry into force is made by the Secretary-General of the United Nations pursuant to article XXIII of the Convention.