Chemicals Weapons Convention Act 2005

Original Language Title: Chemicals Weapons Convention Act 2005

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Laws of Malaysia Act Reprinting 641 chemical weapons Convention Act 2005 Contains all amendments until 1 September 2006 published by the Commissioner of law revision, under the authority of Law Revision Act 1968 In collaboration with PerCetakan naSional malaySia bhD 2005 laws of Malaysia Act 641 chemical weapons Convention Act 2005 date of Assent............ 9 June 005 date of publication in the Gazette of ... ... more 16 June 005 chemical weapons Convention laws of Malaysia Act 641 chemical weapons Convention Act arrangement of sections part i preliminary section 1. short title and commencement. The adoption of the Convention on the prohibition of the production, production, Accumulation and use of chemical weapons Stocks and about Pemusnahannya. interpretation 4. the laws that prevail over 5. national inspectors part ii national authority 6. National authorities 7. Functions and powers of the national authorities 8. national authorities Committee 9. Delegation of functions and powers of 10. Minister's power to issue instructions 11. Chairman of national authorities 1. Chairman of the temporary 1. national authorities meeting 14. National authorities may invite others to attend meetings 15. The Secretary to the national authorities 4 laws of Malaysia Act 641 16. Preparation of the facility by the Ministry of 17. methods for regulating the meetings and proceedings of part iii prohibition of chemical weapons And riot control agents 18. the prohibition of 19. riot control agents toxic chemicals part iV Chapter 1 – do's 0. activities for purposes not prohibited under this Convention chapter 2 – Regime For toxic chemicals listed in Schedule 1 1. prohibition and exceptions. existing activities. Application for authorization 4. the authority to issue or refuse to issue the truth 5. Authorization revocation 6. appeal against the decision of the national authority 7. Transfer of 8. Declaration of 9. Changes to a facilities 0. Maintenance of documents and Chapter 3 – Regime For toxic chemicals listed in Schedules 2 and 3 1. Declaration. Exportation or importation of toxic chemicals in the Schedule section of the chemical weapons Convention 5. Exportation or importation of toxic chemicals in table 4. Changes to a facilities 5. Maintenance of documents and check Chapter 4 – Regime For Discrete Organic Chemicals 6. Declaration 7. Maintenance of documents and sign part V International Inspection 8. Inspector international 9. Examination of 40. the power of members of the national authorities in relation to inspections by international inspectors 41. warrant for inspection 4. forcible part Vi Enforcement 4. 44 enforcement powers. Power survey 45. Search and seizure without a warrant 46. access to computerized data 47. Forfeiture chemical weapons, etc. 48. the cost of holding chemical weapons, etc., seized 49. There are no costs or damages arising from seizure can be obtained 50. The whistleblower protection part Vii miscellaneous 51. notice for disclosure of information section 6 laws of Malaysia Act 641 5. the information is privileged and confidential 5. Protection of officers 54. An initial prosecution 55. 56 barrier. offence in respect of information 57. the power to amend the schedule of 58. General penalty 59. offences by body corporate 60. offence by employee or agent of 61. offences outside malaysia 6. Regulations Schedule chemical weapons Convention Section 7 laws of Malaysia Act 641 chemical weapons Convention Act 2005 an act to give effect to the Convention on the prohibition of the production, production, Accumulation and use of chemical weapons Stocks and about Pemusnahannya, and to provide for other matters connected therewith.
[1 September 2006, P.U. (B) 231/2006]
Whereas the Convention on the prohibition of the production, production, Accumulation and use of chemical weapons Stocks and about Pemusnahannya was signed in Paris on 1 January 199: and that malaysia was depositing the instrument of ratifikasinya at 0 APR 000 and is therefore in accordance with Item (XIX) Convention, the Convention have effect so far as concerned with malaysia may at 0 000: So therefore it enacted by the Parliament of malaysia as follows : part i preliminary short title and commencement 1. (1) this Act may be cited as the chemical weapons Convention Act 005.
() this Act come into force on such date as the Minister may, by notification in the Gazette.
8 laws of Malaysia Act application of the Convention on the prohibition of 641 production, production, Accumulation and use of chemical weapons stocks and about Pemusnahannya 2. Convention on the prohibition of the production, production, Accumulation and use of chemical weapons Stocks and about Pemusnahannya shall have the effect of law in malaysia, and for that purpose shall be construed in accordance with the provisions of this Act.
interpretation 3. In this Act, unless the context otherwise requires — "riot control agent" means any chemical that is not listed in table 1, or that can result in perengsaan sensory or physical disability impact quickly to man lost in a very short time after exposure to the chemicals ended;
"this Act" includes any subsidiary legislation made under this Act;
"Member" means any member of the national authority appointed under subsection 6 ();
"discrete organic chemical" means any chemical that is included in the class of chemical compounds consisting of all compounds of carbon except for oxide, sulfide and logamnya carbonate, which can be identified by chemical name, structural formula through, if known, and the Chemical Abstracts Service number, if given;
"toxic chemical" means any chemical which through its chemical reactions on life processes can cause death, temporary incapacity or permanent injury to humans or animals, and includes a precursor toxic chemicals;
"prescribed" means prescribed by the Minister by regulations;
Chemical weapons Convention 9 "international inspector" means a person who holds a certificate issued by the Minister under subsection 8 ();
"the national Inspector" means any person appointed by the Minister under subsection 5 (1);
"facility" means any industrial site that consists of any of the following: (a) any works or factory ("plant site") which is a local persepaduan a plant or more as well as any intermediate administration level, which is under a control of the operation, and includes common infrastructure, such as — (i) administrative offices and other offices;
(ii) repair and maintenance shops;
(iii) Medical Center;
(iv) utility;
(v) the Central analytical laboratory;
(vi) laboratory research and development;
(vii) area of effluent treatment and waste Centre; and (viii) warehouse storage area;
(b) any production facility or workshop ("plant"), which is an area which is quite complete, structure or building that consists of one or more units, together with the additional infrastructure and Associates, such as — (i) a small administrative division;
(ii) the carrying or handling areas for feedstock and product;
(iii) an area of handling or treatment of waste or effluent;
(iv) a laboratory control or analysis;
(v) a first aid service department or a Division in respect of the medicine; 10 laws of Malaysia Act 641 (vi) records relating to movements in, around and from the site, chemicals declared and feedstock or product formed from chemicals declared and feedstock, as applicable;
(c) any units of production or processing unit ("unit") which is a combination of goods and equipment, including vessels, vessel components necessary for the production of the processing or use of a chemical;
"Convention" means the Convention on the prohibition of the production, production, Accumulation and use of chemical weapons Stocks and about Pemusnahannya;
"Minister", unless expressly stated otherwise, means the Minister charged with the responsibility for Foreign Affairs;
"Observer" means a representative National Party asked the National Convention or third party to the present Convention in malaysia to observe an examination challenged;
"examination challenged" means the inspection of any facility or location in malaysia or in any other place under the jurisdiction or control of malaysia requested by the other party pursuant to paragraph 8 to 5 of article iX of the Convention;
"carrier" includes any ship, train, vehicle and aircraft and any other means of transportation through it people or goods may be carried;
"Chairman" means the Chairman of the national authority as specified under paragraph 6 () (a);
"Organization" means the Organization for the prohibition of chemical weapons, which was established in accordance with Article Viii of the Convention;
"National authorities" means the national authority established under subsection 6 (1);
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"precursor" means any chemical reactions that occur at any level in the production through whatever method of toxic chemicals, including any key component of a chemical system or multiple dwiunsur components;
"chemical weapons" means the following, together or separately: (a) toxic chemicals, except where intended for purposes not prohibited under the Convention, as long as the types and quantities are consistent with such purposes;
(b) weapons and devices specifically designed to cause death or other harm through the toxic properties toxic chemicals specified in paragraph (a), which is released as a result of the use of weapons and the device;
(c) any equipment specifically designed for use directly in connection with the use of weapons and devices described in paragraph (b);
"the purpose of which is not prohibited under the Convention" means — (a) the purpose of the industrial, agricultural, research, medical, pharmaceutical or other peace;
(b) the purpose of protection, namely the purpose directly in relation to protection against toxic chemicals and to protection against chemical weapons;
(c) military purposes not related to the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of war;
(d) the purpose of law enforcement, including domestic riot control.
The laws that prevail over 4. (1) the provisions of this Act shall be in addition to, and does not cut, the provisions of any other written law relating to chemical weapons, control agents riot, chemicals intended for purposes not prohibited, and discrete organic chemicals.
1 laws of Malaysia Act 641 () where there is any conflict or inconsistency between the provisions of this Act with the provisions of any other written law relating to chemical weapons, control agents riot, toxic chemicals intended for purposes not prohibited, and discrete organic chemicals, the provisions of this Act shall prevail over the provisions of any other written law and the provisions of any other written law which is inconsistent or not in compliance shall be , the extent of the conflict or inconsistency, be deemed to be replaced.
Inspector national 5. (1) the Minister may appoint, from amongst public officers, inspectors and other officers as may be necessary for the purposes of this Act.
() national inspector shall, subject to the direction and control of the General Minister, perform the functions and duties imposed on them by this Act and may exercise the powers granted to them under this Act.
() the Minister shall issue to every Inspector and other officers appointed under subsection (1) a power card for the purposes of the implementation of the functions and obligations and the exercise of its powers under this Act.
(4) All national inspectors and other officers appointed under subsection (1) are deemed to be public servants within the meaning of the Penal Code [Act 574].
Part ii national authorities National Authorities 6. (1) there shall be established for the purposes of this Act, a body known as the national authorities.
Chemical weapons Convention 1 () the national authority shall consist of the following members: (a) a Chairman, appointed by the Minister;
(b) a representative of the Ministry in charge of Foreign Affairs, appointed by the Minister;
(c) a representative of the Ministry in charge of Defense, appointed by the Minister who diper tanggungkan with the responsibility for defence;
(d) a representative of the Ministry in charge of Homeland Security, who are appointed by the Minister charged with the responsibility for Homeland Security;
(e) a representative of the Ministry in charge of international trade, who are appointed by the Minister charged with the responsibility for international trade;
(f) a representative of the Ministry in charge of technology, appointed by the Minister charged with the responsibility for technology;
(g) a representative of the Ministry in charge of environment, who are appointed by the Minister charged with the responsibility for the environment;
(h) the Director of pharmaceutical services Division, Ministry of health, who is responsible for or his/her representative;
(i) the Chairman of the Board of pesticides, or his/her representative;
(j) the Director General of environmental quality, or his/her representative;
(k) the Chief of police, or his representative;
(l) the Director General of customs, or his/her representative;
(m) the Director General, or his/her representative;
(n) the Director General occupational health and safety, or his/her representative; and 14 laws of Malaysia Act 641 (o) the Director General of the Institute of Sciences and technology for Defense, or his representative.
() the Minister concerned may, in respect of each member appointed under paragraph () (b) to (g), appoint an alternate member to attend meetings of the national authorities when the Member was unable to attend for any reason.
Functions and powers of the National Authorities 7. (1) the national authority shall perform the functions of the monitor and ensure the implementation of the obligations under the Convention, including — (a) ensure the effective implementation of this Act;
(b) facilitate the inspection under the Convention, including cooperation with international inspectors in inspection challenged;
(c) collecting data to be reported in the annual declaration to the organisation;
(d) provide the National Party organizations and other relevant information in the fulfilment of the obligations under the Convention;
(e) regulate and monitor issue or matter relating to the Convention, including the implementation of the Convention in the State;
(f) issue the authorization in respect of activities relating to toxic chemicals listed in Schedule 1;
(g) issue instructions to any of the national Inspector for the purposes of enforcement and the effectiveness of the implementation of this Act;
(h) to advise the Minister generally on the issue or matter relating to the Convention;
(i) melevi any fees, as may be prescribed by the Minister, with respect to the services provided by the national authorities;
The Convention on chemical weapons 15 (j) to do anything incidental or in accordance with the implementation of any of the functions referred to in paragraphs (a) to (i).
() The national authority shall have all the powers necessary for or in connection with, or reasonably incidental to the performance of its functions under this Act.
National Authorities Committee 8. (1) the national authority may from time to time appoint such committees as it may deem necessary or expedient to assist it in the performance of its functions and exercise of its powers under this Act.
() subject to this Act and any rules made under section 17, each Committee may regulate its own procedure.
() the members may be paid such allowances and other expenses related to the work of the Committee as determined by the Minister from time to time by the agreement of the Minister of finance.
Delegation of functions and powers 9. (1) national authorities may, subject to such conditions, limitations or restrictions as he may deem fit to impose, delegate any of its functions and powers, except the power to delegate and the power to make rules under section 17, to — (a) the Chairman;
(b) any member of the national authorities; and (c) a Committee.
() any person or Committee to which such authority has been delegated functions and shall comply with and take into account all conditions and restrictions imposed by the national authorities and all requirements, procedures and matters specified by national authorities.
16 laws of Malaysia Act 641 () any function or power delegated under this section shall be implemented and carried out in the name of and on behalf of the national authorities.
(4) a delegation under this section shall not prevent national authorities from performing or conducting himself any functions and powers delegated it at any time.
Minister's power to issue instructions 10. the Minister may from time to time give national authorities not inconsistent with this Act regarding the implementation of the functions and powers of the national authorities and national authorities shall give effect to such directions.
The Chairman of the National Authority 11. (1) the Chairman shall hold office for a term not exceeding two years and be eligible for re-election after the expiration of his Office.
() The Chairman may, at any time, resign his Office by giving notice in writing three months to the Minister.
() The Chairman can be fired — (a) if his actions, whether related to his duties as Chairman of the national authority or otherwise, is such a way that national authorities name worsen;
(b) if he becomes unable to perform his duties properly as Chairman of national authorities;
(c) if there has been proved against him, or if he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
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(ii) an offence under the law relating to corruption;
(iii) an offence under this Act; or (iv) any other offence punishable with imprisonment for more than two years;
(d) if he is sentenced to bankrupt;
(e) if he is found or confirmed not of unsound mind or is otherwise incapable of managing his affairs; or (f) if he fails to attend meetings of the national authorities for three consecutive without obtaining permission from the Minister.
(4) if the Chairman appointed otherwise than among members of the public service, the Minister may authorize the payment of such allowances as it may deem appropriate.
Chairman 12. (1) the Minister may appoint any member of the national authorities to act as Chairman during any period when — (a) for any reason, the Chairman is unable to perform the duties and functions or exercise of its powers under this Act; or (b) the position of the Chairman is vacant.
() any Member who is appointed to act as Chairman during such period under this section may properly carry out the duties and functions and exercise the powers of the Chairman during that period.
National Authorities Meeting 13. (1) the national authority shall meet as often as necessary for the performance of its functions at any time and in any place as may be specified by the Chairman.
18 laws of Malaysia Act 641 () seven members including the Chairman shall form the quorum of the meeting of national authorities.
() P e n g e r u s i h e n d a k l a h m e m p e n g e r u s i k a n s e m u a its meeting.
(4) in any national authority meeting, the Chairman shall have a vote and shall, if there are the same number of votes a lot, have a casting vote.
National authorities may invite others to attend meetings 14. (1) the national authority may invite any person to attend any meeting or deliberation of the national authorities for the purpose of advising it on any matter discussed.
() any person attending the meeting or deliberation under subsection (1) shall not be entitled to vote.
the Secretary to the National Authority 15. the Minister shall appoint a public officer as the Secretary to the national authorities.
Preparation of the facility by the Ministry of 16. the Ministry in charge of the national authorities shall provide the staff, funds and other facilities essential to the national authorities to enable it to discharge its function.
methods for regulating the meetings and proceedings 17. subject to this Act, the national authority may make rules to regulate its proceedings and meetings, and the meetings and proceedings of the Committee appointed under section 8.
Chemical weapons Convention 19 part iii prohibition of chemical weapons And control agents riot prohibition 18. (1) No person shall — (a) to produce, manufacture, acquire, collect stocks or saving any chemical weapons;
(b) the transfer, directly or indirectly, any chemical weapons to others;
(c) have in his possession, custody or control any chemical weapons;
(d) use any chemical weapons;
(e) engage in any military preparations that are not valid to use a chemical weapon; or (f) assist, encourage or induce, in any way, anyone to engage in any activity prohibited to country Parties under the Convention.
() any person who contravenes subsection (1) commits an offence and on conviction is sentenced to imprisonment for a term not exceeding three years or a fine not exceeding one million dollars or both.
riot control agents 19. (1) except for the purpose of maintaining and preserving public order, no person shall use a riot control agents as a method of war.
() any person who contravenes subsection (1) commits an offence and on conviction is sentenced to imprisonment for a term not exceeding three years or a fine not exceeding one million dollars or both.
0 the laws of Malaysia Act 641 part iV toxic chemicals Chapter 1 – do's activities (i) for the purpose of the t not prohibited under the Convention on 20. any person may, subject to the provisions of this Act, produce, produce, acquire, retain, transfer, possession or use of toxic chemicals listed in table 1, and for the purposes that are not prohibited under the Convention.
Chapter 2 – the regime For toxic chemicals listed in Schedule 1 of the prohibition and exceptions 21. (1) subject to the provisions of this chapter, no person shall manufacture, acquire, retain, transfer or use of toxic chemicals that are listed under Schedule 1 unless — (a) the production, procurement, storage, transfer or use of it is for the purpose of research, medical, pharmaceutical or protective;
(b) the type and quantities of toxic chemicals are true-true limited to toxic chemicals that can be justified for that purpose;
(c) the aggregate amount of the chemicals at any time allowed for these purposes is equal to or less than ten kilograms for all facilities in one calendar year; and (d) production, procurement, storage, transfer or use of the permitted by the national authorities.
() any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine of not more than 1 chemical weapons Convention one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.
() for the purposes of this chapter, "transfer" includes import, export, or any movement of any amount of toxic chemicals listed in Schedule 1 outside the geographical boundary facilities in malaysia to other destinations in malaysia, or any such movement between two parts within one company or sold from one company to another company.
existing activities 22. (1) for the purposes of section 1, any person who is involved in the production, procurement, storage, transfer or use of toxic chemicals listed in Schedule 1 immediately before the coming into operation of this Act and has the intention to continue the activities on and after such commencement shall, not more than three months from the date of commencement of this Act, apply to the national authorities to obtain permission under this Act.
() While waiting for the decision of the national authority on application under subsection (1), the applicant shall be deemed to be authorized under this Act and no action can be taken against him because of his involvement in such activities without permission.
() when the authorization issued by the national authorities under section 4 in accordance with the application made under subsection (1), the applicant shall immediately take the necessary action to comply with any conditions imposed together with the truth.
(4) if the permission refused to given by the authorities national under section 4, the applicant referred to in subsection () shall cease to be deemed to be authorized under that subsection from the date she was told about the decision of the national authority or, if there is an appeal under section 6, from the date of decision of the Minister on the appeal.
Laws of Malaysia Act 641 application for permit 23. (1) an application for authorization under subsection 1 (1) shall be made in the prescribed form to the national authorities and shall be accompanied by any documents or information as may be prescribed.
() At any time after receiving an application under subsection (1) and before the application is determined, the national authorities may, by notice in writing, require that the applicant provide any document or additional information as it may deem necessary.
() if any such document or additional information required under subsection () are not provided by the applicant within the time specified in the notice or within any extension of time granted by the national authorities, the application shall be deemed withdrawn and cannot continue, but without prejudice to new applications made by the applicant.
(4) an application under this section may be revoked at any time before permission applied issued or refused to issue.
the authority to issue or refuse to issue consent 24. (1) on receipt of the application together with the documents and information required under section, national authorities can withdraw the authorization in the prescribed form or refuse to issue permission without assigning any reason for such refusal.
() National authorities in issuing an authorization under subsection (1), may impose such conditions as he may deem fit national authorities and can add, change or cancel any conditions from time to time.
() if the national authorities refuse to issue the permission, the national authorities shall forthwith notify the applicant in writing of refusal.
Chemical Weapons Convention

(4) the permission, unless sooner revoked, shall be valid for the period specified in the authorization.
(5) any person, to whom authorization issued under subsection (1) has expired, may within thirty days before the expiration date to apply for a new authorization in accordance with section.
(6) if any person is permitted to produce, acquire, retain, transfer or use of a toxic chemicals listed in Schedule 1 aims to discontinue such activity, that person shall within seven days before the notification of — (a) to notify the national authority in writing; and (b) deliver the truth to the national authorities, and upon the receipt of a notification and consent of the national authority, shall forthwith revoke the permission.
Revocation permission 25. (1) national authorities may withdraw an authorisation issued under section 4 if it is satisfied that — (a) the person to whom the authorization was issued has failed to comply with any obligation imposed upon him under this Act;
(b) the person has violated any of the conditions of the authorization, or any of the provisions of this Act, regardless of the fact that no prosecution for an offence in respect of the infringement;
(c) the person has been convicted of an offence under this Act; or (d) that person has, whether related to an application for such permission, or at any time after 4 laws of Malaysia Act 641 production the truth, provide information that is false or misleading or inaccurate to national authorities.
() The national authority shall issue a notice in writing of the revocation to the person to whom the authorization was issued.
() A Revocation issued permission to someone shall come in force — (a) if there is no appeal against the revocation, after the expiry of fourteen days from the date of the notice of revocation is communicated to that person; or (b) if there is an appeal against the revocation, when revocation is confirmed by the Minister.
Appeal against the decision of the National Authorities 26. (1) any person aggrieved by any decision of a national authority may appeal to the Minister in the prescribed manner within 0 days from the date the decision was communicated to that person.
() decision of the Minister on an appeal under subsection (1) shall be final.
The transfer of 27. (1) where any person is allowed to transfer a toxic chemicals listed in Schedule 1, the person may not — (a) transfer the toxic chemicals it to a third country; or (b) transfer toxic chemicals it to any country not a party to the Convention.
() any person who contravenes paragraph (1) (a) or (b) commits an offence and shall on conviction be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.
5 Declaration of chemical weapons Convention 28. (1) any person who is authorized to produce, acquire, retain, transfer or use toxic chemicals listed in Schedule 1 in any amount in excess of the threshold amount as may be prescribed, shall make the following declaration scheduled to national authorities in any form and at any time as may be prescribed: (a) an annual declaration on the activities in the previous calendar year; and (b) an annual declaration of anticipated activities for the following calendar year.
() A declaration under subsection (1) shall be in respect of — (a) the identity of the facilities;
(b) the name of the toxic chemicals include toxic chemical structure formula and Chemical Abstracts Service number (if given);
(c) the purpose for which the toxic chemicals used;
(d) the quantity of toxic chemicals for the purpose for which the toxic chemicals used; and (e) any other matters, related to the Declaration, as may be prescribed.
() any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
Changes to a facilities 29. (1) any person who has made a declaration under section 8 in respect of a facility shall, if there is any change in the facility, submit information regarding those changes and any other information as may be prescribed to national authorities.
6 laws of Malaysia Act 641 () any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
Maintenance of the document and express 30. (1) any person who is authorized to produce, acquire, retain, transfer or use of a toxic chemicals listed in Schedule 1 shall be — (a) maintain a register in such form as may be prescribed; and (b) keep all documents for a specified period, in respect of the operations of the facility in respect of the toxic chemicals.
() The register shall be — (a) be kept solely for the purpose of registering any records and information as may be prescribed;
(b) updated and in good order and condition; and (c) be kept for specified periods.
() the person referred to in subsection (1) shall cause the register available for inspection if and when required by the national authority, any national Inspector, any police officer not below the rank of Inspector, and any officer of the Customs right.
(4) any person who contravenes subsection (1), () or () commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
Chemical weapons Convention 7 Chapter 3 – Regime For toxic chemicals listed in Schedules 2 and 3 Declaration of 31. (1) any person who — (a) the manufacture, process, use, export or import of a toxic chemicals that are listed in the table in an amount more than any amount of threshold as may be prescribed; or (b) the manufacture, import or export something toxic chemicals that are listed in the table in an amount more than any amount of threshold as may be prescribed, shall make the following declaration scheduled to national authorities in any form and at any time as may be prescribed: (aa) an annual declaration on the activities in the previous calendar year; and (bb) an annual declaration of anticipated activities for the following calendar year.
() A declaration under subsection (1) shall be in respect of — (a) the identity of the facilities;
(b) the name of the toxic chemicals include toxic chemical structure formula and Chemical Abstracts Service registry number (if given);
(c) the purpose for which the toxic chemicals used;
(d) the quantity of toxic chemicals for the purpose for which the toxic chemicals used; and (e) any other matters, related to the Declaration, as may be prescribed.
() any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
8 laws of Malaysia Act 641 Exportation or importation of toxic chemicals in table 2 32. (1) any person who engages in any of the activities specified in paragraph 1 (1) (a) can't export or import toxic chemicals to any country not a party to the Convention.
() any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
Exportation or importation of toxic chemicals in table 3 33. (1) any person who engages in any of the activities specified in paragraph 1 (1) (b) can't export or import toxic chemicals to any country not a party to the Convention without an end-user certificate issued in the prescribed form by the national authorities.
() any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
Changes to a 34 facilities. (1) any person who has made a declaration under section 1 in relation to a particular facility shall, if there is any change in the facility, submit information regarding those changes and any other information as may be prescribed to national authorities.
() any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
Chemical weapons Convention 9 Maintenance documents and express

35. (1) any person who engages in any of the activities specified in paragraph 1 (1) (a) or (b), as the case may be, shall — (a) maintain a register in such form as may be prescribed; and (b) keep all documents for a specified period, in respect of the operations of the facility in respect of the toxic chemicals.
() The register shall be — (a) be kept solely for the purpose of registering any records and information as may be prescribed;
(b) updated and in good order and condition; and (c) be kept for specified periods.
() the person referred to in subsection (1) shall cause the register available for inspection if and when required by the national authority, any national Inspector, any police officer not below the rank of Inspector, and any officer of the Customs right.
(4) any person who contravenes subsection (1), () or () commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
Chapter 4 — Regime For Discrete Organic Chemicals declarations of 36. (1) any person who is involved in the production of discrete organic chemicals in synthesis in any amount in excess of the threshold amount as may be prescribed, 0 laws of Malaysia Act 641 periodic declaration shall make the following to national authorities in any form and at any time as may be prescribed: (a) an annual declaration on the activities in the previous calendar year; and (b) an annual declaration of anticipated activities for the following calendar year.
() A declaration under subsection (1) shall be in respect of — (a) the identity of the facilities;
(b) the name of discrete organic chemicals;
(c) the quantity of discrete organic chemicals used; and (d) any other matter relating to the Declaration, as may be prescribed.
() any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
Maintenance of documents and the register 37. (1) any person who engages in any activity specified in section 6 shall be — (a) maintain a register in such form as may be prescribed; and (b) keep all documents for a specified period, in respect of the operations of the facility in respect of discrete organic chemicals.
() The register shall be — (a) be kept solely for the purpose of registering any records and information as may be prescribed;
Chemical weapons Convention 1 (b) updated and in good order and condition; and (c) be kept for specified periods.
() the person referred to in subsection (1) shall cause the register available for inspection if and when required by the national authority, any national Inspector, any police officer not below the rank of Inspector, and any officer of the Customs right.
(4) any person who contravenes subsection (1), () or () commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
Part V International Inspection 38 international inspectors. (1) the Minister may issue to any person who is a member of the inspection team for the Technical Secretariat Organization a certificate to become international inspectors for the purposes of this Act.
() The certificate issued to the person under subsection (1) shall contain the following details: (a) the identity of that person including name, status and its powers to carry out inspections in malaysia;
(b) the privileges and immunities applicable to that person; and (c) any other information and any conditions applicable to the inspection activities in malaysia by such person as the Minister thinks fit.
Laws of Malaysia Act 641 Inspection 39. (1) subject to this Act, an Inspector of the international may, at any reasonable time and in accordance with the provisions of this Act and Convention — (a) enter any facilities in malaysia — (i) in respect of which a declaration has been made under part iV;
(ii) that are subject to inspection on the site referred to in paragraph 8 of article iX of the Convention; or (iii) in respect of which an inquiry under paragraph 9 of article X of the Convention was initiated;
(b) inspection of the facilities in a way that is in accordance with the provisions of this Act and the Convention; and (c) install, use and maintain, wherever applicable, in respect of any facilities that a surveillance tool, systems and lak in a manner consistent with the provisions of this Act and the Convention.
() any international inspector shall, upon demand by the proprietor or person in charge of a facility to be inspected by the international inspectors, show acknowledgement to that person for the confirmation of its identity.
() Upon inspection of challenged, an inspector may be accompanied by an international observer for the purpose of giving effect to paragraph 1 of article iX of the Convention.
the power of members of the National Authorities in relation to inspections by international inspectors 40. (1) the examination under section 9 shall not be carried out unless the international inspectors accompanied by a member national authority or a national Inspector.
The Convention on chemical weapons () any member national authority or a national inspector may direct the owner or any person in charge of the facilities that are being examined so that — (a) give international inspectors access to any area, container or on the facilities that are being inspected it in a manner consistent with the provisions of this Act and the Convention;
(b) allow international inspectors examine anything in the currently inspected the facilities;
(c) allow international inspectors make a copy of any information contained in the records, documents or computerised data stored or used in connection with the facilities that are being inspected it and bring out the copy of the facility;
(d) allow international inspectors take a picture of anything in the facility being inspected it;
(e) allow international inspectors interviewing any person in facilities that are being inspected it; and (f) allow international inspectors to take samples in the facility, the carrier or any other place being inspected, for analysis.
() any person who contravenes subsection () commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
Warrant for inspection of 41. (1) j if the agreement the proprietor or person in charge of any facilities to enter the facility for the purpose referred to in section 9 is not obtained, any member of the national authority or a national inspector may apply for a warrant on behalf of the international inspector.
4 laws of Malaysia Act 641 () a magistrate's Court to which the application for the warrant made under this subsection may, if he is satisfied with the acknowledgement swear solemnly declared by any member national authority or a national Inspector that — (a) the conditions for entry described in section 9 have been met in respect of the facility;
(b) entry to the facility is necessary for any purpose relating to the administration of this Act; and (c) entry to the facilities was rejected, issue warrants that allow Member national authority or a national Inspector and Inspector named International entered the facility for the purpose of inspection referred to in section 9, subject to such conditions as may be specified in the warrant.
Use of force 42. If force is required to enter any of the facilities specified in a warrant issued under section 41, the person executing the warrant may request the assistance of police officers to use reasonable force in the circumstances.
Part Vi Enforcement enforcement powers 43. (1) a national Inspector, police officer not below the rank of inspector or senior officer of Customs may exercise all the powers of enforcement under this Act.
() every national Inspector, police officer not below the rank of inspector or senior Customs Officers, when acting on any person under this Act, shall state his position and shall when requested chemical weapons Convention 5 submit to the person against whom he is acting that any power card that has been issued to the national inspector or the officer.
44. investigation power (1) any national Inspector, police officer not below the rank of inspector or senior Customs Officer shall have the authority to investigate any offence under this Act.

() for the purposes of subsection (1), criminal procedure code [Act 593] shall apply and the national Inspector, police officer not below the rank of inspector or senior Customs Officer shall have all the powers provided under the criminal procedure code.
Search and seizure without a warrant 45. (1) in addition to the powers under the criminal procedure code, where a national Inspector, police officer not below the rank of inspector or senior Customs Officer has reasonable cause to believe that by reason of the delay in obtaining a search warrant investigation will be affected or evidence of the Commission of the offence may be interrupted, removed, defaced or destroyed, the national Inspector, police officer not below the rank of inspector or senior officers of the customs can get into any facilities , carriers or other places and seize any chemical weapons, control agents riot or toxic chemicals listed in Schedule 1, or, or any containers, packaging, transport or other articles in which chemical weapons, control agents riot or toxic chemicals is stored, saved or found, records, books, accounts, documents or computerised data seized under this Act.
() except as provided in subsection (), if any chemical weapons, control agents riot or toxic chemicals listed in Schedule 1, or, or any containers, packaging, transport or other articles in which chemical weapons, control agents riot or chemicals 6 laws of Malaysia Act 641 toxic that stored or found, records, books, accounts, documents or computerised data seized under subsection (1) , officers seize the provides a list of things and immediately menghantarserahkan him a certified copy thereof to the proprietor or person in charge of the facilities, carriers or other places that have been searched, or to agents or servants proprietor or the person, in convenience, carriers or other places.
() if facilities, carriers or other place is unoccupied, the officer may seize the thing where affixing a list seized it in conspicuous places in the facility, carriers or other places.
access to computerized data 46. (1) the national Inspector, police officer not below the rank of inspector or senior Customs Officer conducting a search under this Act shall be given access to computerised data either stored in a computer or otherwise.
() In this section, "access" includes a given password, code encryption, encrypting code, software or hardware to be and any other means necessary to allow computerised data understandable.
Forfeiture chemical weapons, etc.
47. (1) all chemical weapons, and riot control agents toxic chemicals listed in Schedule 1, and, together with any containers, packaging, transport or other articles in which chemical weapons, and riot control agents toxic chemicals is stored, saved or found, records, books, accounts, documents or computerised data seized in exercise of any power conferred under this Act shall be dilucuthakkan.
() the Court try any person charged with an offence under this Act may at the end of the trial, whether the person found guilty or not, order that chemical weapons Convention riot control agents, chemical weapons 7 and toxic chemicals listed in Schedule 1, and, along with any containers, packaging, transport or other articles in which chemical weapons riot control agents, and toxic chemicals is stored, saved or found, records, books, accounts, documents or computerised data seized from the person destroyed.
() if there is no prosecution in respect of any chemical weapons, and riot control agents toxic chemicals listed in Schedule 1, and, chemical weapons, and riot control agents toxic chemicals listed in Schedule 1, and that, along with any containers, packaging, transport or other articles in which chemical weapons, and riot control agents toxic chemicals is stored , kept or found, records, books, accounts, documents or computerised data shall be taken and deemed to dilucuthakkan at the end of a period of one calendar month from the date of confiscation unless a claim is made prior to that date in the manner specified in subsection (4), (5) and (6).
(4) a claim under subsection () can only be made in respect of toxic chemicals listed in Schedule 1, and, records, books, accounts, documents or computerised data.
(5) any person who asserts that he is the proprietor of any toxic chemicals listed in Schedule 1, and, books, documents or computerised data seized under this Act and that toxic chemicals, records, books, accounts, documents or computerised data shall not be dilucuthakkan can give personally or by his agent authorized in writing, notice to the officer who seizes on the claim.
(6) where notice under subsection (5) is received, the officer shall seize refer the matter to the Court of Session for decision.
(7) the Court to which the matter is referred to shall issue a summons requiring the person who pointed out that he is the owner of toxic chemicals listed in Schedule 1, and, records, books, accounts, documents or computerised data and those from whom it was seized, appear 8 laws of Malaysia Act 641 before the Court, and when they are present or absent, but their presentation accordingly summons has been proved , the Court shall proceed with the examination of the matter, and when proven that an offence under this Act has been committed and that toxic chemicals, records, books, accounts, documents or computerised data matter is or was used in the Commission of that offence, shall order that toxic chemicals, books, documents or computerised data that dilucuthakkan or may, in the absence of such evidence, ordered the release of toxic chemicals , books, documents or computerised data to the person who is entitled to it.
(8) any chemical weapons, control agents riot or toxic chemicals listed in Schedule 1, or, together with any containers, packaging, transport or other articles in which chemical weapons, control agents riot or toxic chemicals is stored, saved or found, records, books, accounts, documents or computerised data dilucuthakkan or dilucuthakkan shall be deemed to be dihantarserahkan to the national authorities shall dispose of it in such manner as it thinks fit.
the cost of holding chemical weapons, etc., seized 48. If any chemical weapons, control agents riot or toxic chemicals listed in Schedule 1, or, or any containers, packaging, transport or other articles in which chemical weapons, control agents riot or toxic chemicals is stored, saved or found, records, books, accounts, documents or computerised data seized under this Act held in the custody of the Government pending the settlement of any proceedings in respect of offences under this Act , the costs of holding the thing in custody shall, in the event that any person found guilty of an offence, being a debt due to the Government by the person and shall be obtained accordingly.
There are no costs or damages arising from seizure can be obtained 49. No person shall, in any proceedings before any court in respect of any chemical weapons, chemical weapons Convention agent 9 control riots or toxic chemicals listed in Schedule 1, or, or any containers, packaging, transport or other articles in which chemical weapons, control agents riot or toxic chemicals stored, saved or found, records, books, accounts, documents or computerised data seized in the exercise or purported exercise of any power conferred under the Act This, is entitled to the costs of the proceedings or to any damages or other relief unless the seizure is made without reasonable cause.
The whistleblower protection 50. (1) except as provided in this section, no witness in any civil or criminal proceedings may be required or permitted to disclose the name or address of any informer or the content and type of information received therefrom or declare any matter that may cause she known.
() if any records, books, accounts, documents or computerised data or evidence that may be inspected in any civil or criminal proceedings contain any entry in which any informer is named or described or which might cause she known, the Court shall cause to such closed all entries from sight or deleted only to the extent necessary to protect the informant of known.

() if in proceedings for any offence under this Act the Court after a full investigation of the case believe that the informant intentionally make in aduannya a statement material that he knows or believes is false or does not believe to be true, or if in any other proceedings the Court is of the opinion that justice cannot be carried out solely between the parties in the proceedings without knowing who the informant , it shall be lawful for the Court to require production of the original complaint, if written, and allow the inquiry and require full disclosure concerning the informer.
40 laws of Malaysia Act 641 part Vii miscellaneous 51 notice of disclosure of information. (1) national authorities can send a notice to any person who is a national authority on the basis of reasonable cause to believe has information or documents pertaining to the enforcement of this Act, ask that person to provide information or document to the national authorities.
() A person who receives a notice referred to in subsection (1), shall provide the requested information and documents to the national authority in the prescribed form and within the time specified in the notice.
() any person who contravenes subsection (), commits an offence.
The information is privileged and confidential 52. (1) any information and documents obtained in accordance with this Act or the Convention is special and confidential.
() information and documents in subsection (1) is not privileged or confidential if they are required to be disclosed or communicated for the purpose of national interest, national security or under any written law.
() no one is in possession of information or special documents or confidential can consciously, without written consent of the person from whom it was obtained, information or document or permit information or document communicated to any person, or to allow any person to get access to the information or document, except — (a) for the purposes of the enforcement of this Act or give effect to the Convention; or (b) in accordance with obl igasi the Government of malaysia under the Convention.
Chemical weapons Convention 41 (4) Notwithstanding any other written law, no person shall be required, in connection with any legal proceedings, submit any statement or other record or document that contains information privileged or confidential, or give evidence related to it, unless the proceedings in relation to the enforcement of this Act.
Protection officer 53. no action or prosecution can be brought, instituted or maintained in any court against the national authorities, a national Inspector, any officer duly appointed under this Act, a police officer or a Senior Officer for customs or due to or in respect of any act which ordered or carried out in pursuance of this Act if the act done in good faith and that it is necessary for the purposes for which it is intended to be achieved with it.
An initial prosecution 54. No prosecution for or in connection with any offence under this Act shall be instituted except by or with the written permission of the public prosecutor.
55 hurdles. (1) No person shall hinder, thwart or interfere with any member of the national authorities, one inspector, one inspector international national, any officer duly appointed under this Act, a police officer or a senior Customs Officer in the performance of its functions under this Act.
() any person who contravenes subsection (1), commits an offence.
offence in respect of information 56. (1) any person who submit false or misleading information in any application, report or other document for any purpose under this Act commits an offence.
4 laws of Malaysia Act 641 () any person who — (a) provide or cause to be given any particulars, information or statement which is false or misleading with respect to any matter to any national Inspector, police officer not below the rank of inspector or senior Customs Officers required by the officer so given under this Act;
(b) refuses to answer or give a false answer to any question submitted to it by any national Inspector, police officer not below the rank of inspector or senior officers of the Customs for the purpose of obtaining any details, information or statements that are required to be given under this Act; or (c) fails or refuses to produce any documents as may be required by any inspector, national police officer not below the rank of inspector or senior officers of the customs, commits an offence.
the power to amend table 57. If any amendment made to the Convention in accordance with Article XV of the Convention, the Minister may, by order published in the Gazette, amend the schedule in accordance with the amendment to the Convention.
General penalty 58. any person who commits an offence under this Act for which no penalty expressly provided, shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
offences by body corporate 59. where any offence under this Act has been committed by a body corporate, any person who on the chemical weapons Convention 4 time the offence was a Director, Manager, Secretary or other similar officer of the body corporate or in purporting to act on any such property, or who in any way or up to any extent is responsible for the management of any Affairs of the Corporation , or who assist in such management, also committed such offence unless he proves that the offence was committed without the knowledge, consent or pembiarannya and that he has conducted all wrongdoing due diligence to prevent the Commission of the offence, taking into account the type of functions on the properties and all the circumstances.
offence by employee or agent of 60. If any person can under this Act penalty or penalties for any act, omission, neglect or default, then that person shall be liable to the same punishment or penalty for every act, omission, neglect or default of such by any employee or his agent, or agent of the employee, if the Act, omission, neglect or default of it was committed by an employee of that person within its employment or by the agent while acting on behalf of that person or by the agent within employment the worker by the agent or otherwise on behalf of the agent.
offences outside Malaysia 61. (1) any person who commits or leave from doing, outside malaysia, an Act and the Commission of the Act or omission of the Act, if done or omitted in the malaysia, an offence under this Act, shall, if that person is a citizen or permanent resident, be deemed to have committed the Act or leave the Act in malaysia.
() any proceedings against any person under this section can prevent the following proceedings against that person for the same offence if the offence committed within malaysia, shall be a deterrent to further proceedings against him under any written law relating to the extradition of persons in respect of the same offence outside malaysia.
44 the laws of Malaysia Act 641 regulations 62. (1) the Minister may make regulations as are necessary or expedient for giving full effect to the provisions of this Act.
() without prejudice to the generality of subsection (1), regulations may be made — (a) to establish a procedure to be followed by the national authorities in the exercise of their functions under this Act;
(b) to prescribe any forms for the purposes of this Act;
(c) to prescribe any information that must be submitted and any declaration shall be submitted for the purposes of this Act;
(d) to establish a procedure for making the application for authorization and the determination of questions-questions related to the withdrawal and revocation permission and conditions that will apply to the truth and procedures relating to the appeal;
(e) to establish a procedure for the application end-user certificates, and the conditions will be charged on the end-user certificate;
(f) to prescribe fees payable under this Act and the manner of collecting and handling the fees;
(g) to prescribe the form of the register to be kept and maintained by the owner of the facility and the information to be recorded in the register;
(h) to provide for any matter under this Act which are required or permitted to be prescribed or necessary and expedient to set.
Chemical weapons Convention 45 of Schedule 1 toxic chemicals (Chapter 1) (chemical abstract service number) a. toxic chemicals (excluding prekursornya): 1. o-alkil (