[|LAYS OUT PATTERNS |]

After the first world war, the phenomenon of chemical weapons led to a great start in the international community.

This feeling was born out of the discovery of the horrors of chemical butter and the terrible suffering inflicted on the victims, as well as the progressive realization of the serious threat that could be posed to humanity by embezzlement Of chemical weapons by terrorist organizations.

The ensuing mobilization and the effects since then culminated in the signing of the Convention on the Prohibition of the Development, Production, Stockpiling and Storage, held in Paris on 13 January 1993. Use of chemical weapons and their destruction. In just two days, 130 states have signed the document. This number increased to 165 at the present time. The Convention also has a functional organization: the Organization for the Prohibition of Chemical Weapons (OPCW) based in The Hague, Holland.

The creation of the OPCW, in accordance with the provisions of the Treaty, responds to the need to supervise the destruction of all chemical weapons and the conversion of the installations used to manufacture them on the one hand, but also on the other hand to Places an effective system for monitoring the production, processing and consumption of dual-use chemicals, and finally receiving notifications of imports or exports of these chemicals in order to guarantee their Use exclusively for peaceful purposes.

The Convention on the Prohibition of the Development,
The manufacture, storage and use of chemical weapons and their destruction was signed by Senegal on 13 January 1993 in Paris and ratified on 25 March 1998.

As part of the implementation of the obligations that
The State is obliged, under Article VII (1), to take measures of national application, including the adoption of a law.

The present draft law, proposed for this purpose, consists of a preliminary title, five other titles subdivided into chapters and sections, and forty eight articles. It also includes an annex consisting of the guidelines contained in the Annex on Chemicals listed in Tables 1. 2 and 3 of this annex.

The preliminary title defines the purpose of the law, as well as various expressions and technical terms used in the text.

The first title establishes a total ban on chemical weapons, that is, not only their use, but also their production, acquisition, storage and import or export.

It also prohibits the design, construction, use or modification of facilities for this purpose.

Finally, it prohibits the use of riot control products as a means of warfare.

Title II lays down the principle of a prohibition on the manufacture, acquisition, import, conservation or use of chemicals on the three lists contained in the Annex on Chemicals Convention, if not in accordance with the conditions of a licence which may be issued by the Ministry in charge of Industry.

This title establishes a comprehensive regime for the monitoring of certain chemicals. Very toxic, they can be used as chemical weapons or as precursors in the manufacture of chemical weapons.
This monitoring is done through a licensing system for industry stakeholders. They are required to report to the Ministry in charge of the industry any import, export or development or manufacture of chemical products. This information is recorded on a register set up within the department and organised by decree. If necessary, inspections carried out at national level complete the monitoring.

Cases of violation of the above provisions are punishable by criminal sanctions.

As a result of Title IV, these range from six months'imprisonment to two years' imprisonment for ten to twenty years' hard labour and a fine of 100,000 to 50,000,000 francs. It should be pointed out that the penalty of hard labour may be imposed in the case of intelligence with a foreign power, in accordance with the provisions of the first section of Chapter I of the first book of the book The third of the Penal Code. Administrative sanctions may also be imposed.

The severity of the penalties is justified by the need to obtain a sufficient deterrent effect, given the very dangerous nature of chemical weapons in general and chemicals in particular.

Indeed, it has become necessary to organise the framework in which international inspections will take place organised by the Technical Secretariat of the Organisation for the Prohibition of Chemical Weapons. This is the subject of Title III.

The inspectors, upon their arrival in the national territory, shall be taken on board by an escort appointed at the beginning of each calendar year by decree, on the proposal of the Minister of the Armed Forces, President of the National Weapons Commission Nuclear, biological and chemical. They accompany them everywhere, to the airport at the time of their departure, in order to facilitate their work and also to ensure that they respect fundamental freedoms.

The final provisions, contained in Title V, relate to the scope of the law which covers not only acts committed in the national territory, but also those committed abroad by Senegalese representatives as well as Acts or omissions recorded on Senegalese ships and aircraft.
This is the economy of this bill.

The National Assembly adopted, at its meeting on Thursday, 28 September 2006;

The President of the Republic promulgates the following law:

[| Preliminary Title: Purpose and Definitions |]

Article 1. - Purpose

The purpose of this Act is to prohibit:

Any activity relating to the development,
Manufacturing, acquisition, storage, employment, conservation, and the transfer of chemical weapons;

The use of riot control agents as a means of warfare;

Military preparations for the use of chemical weapons;

The design, construction or use of chemical weapons, modification of facilities of any kind, importation, exportation, sale or purchase of equipment for that purpose;

The assistance, encouragement or encouragement of anyone by any means to undertake the activities mentioned above.

It regulates the import, export, manufacture, trade and use of chemicals in the tables in Annex 1 to this document.

It lays down the regime of investigations to be carried out at national level in the event of a violation of the prohibitions and the procedures for international verification.
It provides for criminal sanctions in the event of violation of the prohibitions.

Article 2.

For the purposes of this Law:

1. - " Chemical weapons " The following, taken together or separately:

(a) toxic products and their precursors, with the exception of those intended for purposes not prohibited by the Chemical Weapons Convention, as long as the types and quantities at issue are compatible with such Fine;

(b) munitions and devices specifically designed to cause death or other damage by the toxic action of the above defined chemicals, which would be released as a result of the use of such munitions and devices;

(c) any equipment specifically designed for use in direct connection with the use of ammunition and devices defined in this paragraph.

2. - " Toxic chemical " : any chemical that, through its chemical action on biological processes, can cause death, temporary incapacity or permanent damage in humans or animals.

The definition in the above paragraph covers all chemical products of this type, regardless of their origin or mode of manufacture, whether they are obtained in facilities, in ammunition or elsewhere.
Toxic chemicals that have been recognized as being subject to verification by the Organization for the Prohibition of Chemical Weapons (OPCW) are listed in the tables in the Annex on Chemicals of the Present law.

3. - " For purposes not prohibited by the Convention " :

(a) industrial, agricultural, research, medical, pharmaceutical or other purposes
Peaceful;

(b) for the purposes of protection, that is, purposes that are directly related to the protection against toxic chemicals and the protection against chemical weapons;

(c) for military purposes unrelated to the use of chemical weapons and not dependent on the use, as a means of warfare, of the toxic properties of chemicals;

(d) for the purpose of maintaining public order, including domestic riot control.

4. - " National Commission " : the entity entrusted with the responsibility to establish and maintain relations with the Organization and other States Parties and also to ensure the implementation and enforcement of the obligations undertaken by the State under the Convention.

5. - " End allowed " :

(a) in the case of a chemical in Table 1, for the purposes of research, medical or pharmaceutical purposes or for the purpose of protection;

(b) in the case of any other toxic chemical or precursor:

-industrial, agricultural, research, medical, pharmaceutical or other purposes
Peaceful;

Protection for the purposes of direct reporting with protection against toxic chemicals and protection against chemical weapons;

Military purposes unrelated to the use of chemical weapons and which are not dependent on the use, as a means of warfare, of toxic properties of chemicals;

For the purpose of maintaining public order, including domestic riot control.

6. - " Verification of compliance with applicable regulations " , activities aimed at:

(a) determine whether the provisions of this Act are complied with;

(b) determine whether or not the licensee has complied with the conditions under which a licence was issued;

(c) ensure the proper functioning, in any place, of the monitoring equipment, if any, installed during an international inspection conducted to verify compliance with the Convention or in accordance with an installation agreement concluded between Senegal and The Organization.

7. - " Inspection power " , power:

(a) visit all premises;

(b) inspect or examine any matter or subject matter,

(c) take samples of any matter or subject matter;

(d) measure any matter or subject matter;

(e) review all documents, including statements made in accordance with the provisions of this Act, its implementing orders or the conditions to which a licence is subject;

(f) record excerpts or make a copy of a document, including a statement of the type referred to in dash (a) above;

(g) to speak to any person working in the field and to make sound recordings of such interviews;

(h) request the operation of any equipment, including electronic equipment, located at the premises;

(i) use polaroid-type photographic equipment or video recording equipment anywhere in or around the premises, as long as the security regulations in place at the premises permit;

(j) carry out any act necessary or expedient to carry out any of the activities referred to in dashes (a) to (i) above, and in particular to limit or prohibit the right of every person and vehicle to have access to premises or to Exit.

Powers referred to in indents (a), (b), (c), (d), or (i)
Above may be exercised only in accordance with the terms reasonably considered by the operator of the facility to be in accordance with the security procedures applicable to the premises.

8. - " Senegalese ships and aircraft " , vessels and aircraft registered in Senegal or belonging either to the Republic of Senegal or to a national or who is in his possession.

Article 3.

For the purposes of this Law, the following other terms and expressions have the meaning assigned to them by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destination, signed in Paris on 13 January 1993, still known as " The Convention ".

These are:

" Defined organic chemical ";

" Installation ";

" Chemical Weapons Manufacturing Facility ";

" Chemical Weapons Manufacturing Equipment ";

" Inspection Mandate ";

" Riot Control Officer ";

" Precursor ";

" A key component of a binary or multi-component chemical system ";

" Production Capacity ";

" Manufacturing ";

" Processing ";

" Consumption ";

" Organization ";

" Perimeter ";

" Alternative device ";

" Final device ";

" Observer ";

" Entry point ";

" Inspection site ";

" Plant site ".

Article 4.

Is considered part of the
Act, the annex containing the guiding principles and tables 1, 2 and 3 contained in the parts of the Convention entitled " Annex on Chemicals " As well as the lists of chemicals given on the said tables.

The above annex may be amended by decree on a proposal by the Ministry responsible for Industry in the event of amendments to the lists of these tables at the level of the Organization.

[|
Title I. -Arms and chemical weapons manufacturing facilities |]

[|
Single Chapter. -Prohibitions |]

Article 5.

It is prohibited throughout Senegal:

1. - the development, manufacture, acquisition, storage, preservation or direct or indirect transfer of chemical weapons to anyone;

2. - use of chemical weapons;

3. - military preparations for the use of chemical weapons;

4. - the assistance, encouragement or encouragement of anyone, in any way, to undertake any activity which is prohibited to a State Party under the Convention;

5. - the use of riot control agents as means of war;

6. - the exercise of any other activity contrary to the Convention;

Article 6.

Are not prohibited:

(a) design, construction or use:

-an arms manufacturing facility
Chemical;

-of an installation, including its manufacturing equipment, used exclusively for manufacturing
Non-chemical parts of chemical weapons or materials specifically designed for use in direct connection with the use of chemical weapons, hereinafter referred to as " Installation of unfilled chemical munitions and equipment for use in chemical weapons;

(b) the modification of any facility or matriel of any kind for the purpose of carrying on an activity prohibited by this Chapter;

(c) the import, export, trade and brokering of any equipment for the manufacture of chemical weapons or any document or object to permit or facilitate the violation of the provisions of this Chapter;

(d) the communication of any information in order to permit or facilitate the violation of the provisions of this Chapter.

[| Title II. -Control of the manufacture and trade of certain chemicals |]

[| Chapter 1. -Manufacturing and Commerce |]

[| Section 1. -Products in Table 1 |]

Article 7.

No person shall develop, manufacture, acquire, assign, use, hold, store, store, import, export, transit, trade and brokering of the chemicals listed in Schedule 1 to the Present law, except for medical, pharmaceutical, research or protection purposes, and in limited quantities to what can be strictly justified for these purposes.

The import, export, trade, brokering or transit of the chemicals listed in Table 1 of the Annex to this Law shall be formally prohibited when they are in or out of a State not party to the Convention.

The manufacture, acquisition, preservation or use of Schedule 1 chemicals outside the territory of Senegal is strictly prohibited if it is not within the territory of another State Party.

The transfer of the chemicals in Table 1 of the Annex referred to in another State Party shall not be formally prohibited without notifying the Department of Industry at least 40 days before the said transfer, unless the said substance is Transferred for medical or diagnostic purposes and if the quantity is equal to or less than 5 milligrams.

However, the transfer of saxitoxin must be notified at least 24 hours before.

The re-export of Schedule 1 chemicals to any other state is prohibited.

Article 8.

Where they occur for the purposes indicated in Article 11, paragraph 1, the development, manufacture, acquisition, disposal, use, detention,
The storage or storage of the chemicals listed in Table 1 shall be subject to authorization under the conditions of a licence granted by the Department in charge of Industry, in accordance with Article 10 of this I. The quantities for which it is granted shall be specified.

The trade and brokering of such products shall also be subject to authorisation when they are made from or to a State Party to the Convention.

Article 9.

The manufacture for the purpose of protection of the chemicals listed in Table 1 is authorised on the national territory in a facility owned by the State or under its direct responsibility, within the limit of annual maximum quantities As determined by the Convention.

All products manufactured for medical, pharmaceutical or research purposes in others
Installations shall be subject to prior authorisation issued by the competent Administrative Authority.

Facilities are also subject to prior approval.

Article 10.

The application for a licence in respect of any of the activities referred to in Articles 7 and 8 above shall be submitted to the Ministry of Industry.

The procedures for the submission of a licence application, the form and duration of the licence, the terms or conditions under which and the circumstances under which a licence may be granted, held, suspended, cancelled, extended, renewed Or replaced and the duties payable as such are fixed by decree on the report of the Minister in charge of Industry.

[| Section 2. -Chemicals in Table 2. |]

Article 11.

No person shall transfer to a State that is not a party to the Chemical Convention in Table 2. This provision shall not apply to substances containing products of Table 2 if:

(a) the said substance contains one per cent or less of a chemical followed by the sign " " In Part A of Table 2 or a product in Part A of Table 2;

(b) the said substance contains ten per cent or less of a chemical listed in Part B of Table 2,

(c) the said substance is identified as a consumer product intended for retail sale for personal use or is conditioned for personal use.

[| Section 3. -Chemicals in Table 3. |]

Article 12.

No person shall transfer to a State that is not a party to the Chemical Weapons Convention in Table 3 or mixtures containing more than thirty per cent of those products in terms of weight without having previously received a certificate of end-use The competent governmental authority of that State.

Article 13.

The end-use certificate referred to in section 12 of this Act shall indicate, at least, in respect of the chemicals transferred:

(a) the type and quantity;

(b) they will not be subject to new transfers;

(c) it shall not be used for any purpose not prohibited by the Convention;

(d) what the end use or uses are;

(e) the name and address of the end user (s).

With regard to the latter two cases, the importer is required, in case the products of Table 3 transferred to a State not party to the Convention are used by a different person, to specify the name and address of that end user.

[|
Section 4. -Provisions common to the chemicals in Tables 2 and 3 and to the defined organic chemicals. |]

Article 14.

If this is not in accordance with the conditions of the licence granted by the Minister responsible for Industry, no one shall:

(a) manufacture, process or consume for an authorized purpose more than 1 kilogram per year of a chemical followed by " " Daans in Part A of Table 2;

(b) manufacture, process or consume for an authorized purpose more than 100 Kilograms per year of any other chemical in Part A of Table 2;

(c) subject to paragraph 2 of section 15 below, manufacture, process or consume for an authorized purpose more than 1 tonne per year of a chemical in Part B of Table 2;

(d) subject to paragraph 2 of Article 15 below, manufacture for an authorized purpose more than 30 tonnes per year of a chemical in Table 3;

(e) subject to paragraph 2 of Article 15 below, manufacture by synthesis more than 200 tonnes of a defined organic chemical or more than 20 tonnes of a defined organic chemical that contains elements such as phosphorus, sulphur or Fluorine that are not listed in any of the tables in the schedule.

Article 15.

Every person who has manufactured, processed or consumed for an authorized purpose a chemical in Table 2 in any of the three calendar years preceding the current year in annual quantities greater than those indicated below shall be kept Obtain a licence issued by the Minister responsible for Industry:

(a) 1 kilogram of a chemical product followed by the sign " " In Part A of Table 2;

(b) 100 kilograms of any other chemical in Part A of Table 2;

(c) 1 tonne of a chemical in Part B of Table 2.

A licence is not required for the manufacture, treatment or consumption, as the case may be, of mixtures of chemicals containing 30 per cent or less of a chemical in Part B of Table 2 or Table 3.

Article 16.

No person shall import or export a chemical in Table 2 of the schedule to this Act or a chemical in Table 3 without complying with the conditions of the licence granted by the Minister in charge of Industry.

Article 17.

The application for a licence in respect of any of the activities referred to in Articles 14 and 16 above shall be submitted to the Minister responsible for Industry.

Procedures for the submission of a licence application, the form and duration of a licence, the terms or conditions under which and the circumstances under which a licence is to be granted, held, suspended, cancelled, extended, renewed Or replaced and the duties payable as such shall be fixed by decree on the proposal of the Minister responsible for Industry.

[| Chapter II. -Declarations |]

Article 18.

The purpose of this chapter is to establish a control regime based on statements made by industry stakeholders of the Minister responsible for industry on chemical transactions.

These declarations shall permit verification on a part of compliance with the provisions of the Convention of all operations relating to the chemicals in Tables 1, 2 and 3 of the Annex to this Law.

They also allow the President of the National Commission to prepare the annual reports to be submitted to the Organisation for the Prohibition of Chemical Weapons in accordance with the commitments entered into by the State.

Article 19. Communication of information

A person who develops, manufactures in another manner, stores, stores, transfers or uses, as the case may be, toxic chemicals or their precursors to which any of the provisions of Part Six and Ninth Part applies Of the Annex on the verification of the Convention shall:

(a) declare the chemicals in question and, as the case may be, the plant or plant site to the National Commission within 90 days of the date on which Division IV, relating to the provisions common to the chemicals of the Tables 2 and 3 and the defined organic chemicals shall become applicable to the chemical products, facilities or plant sites considered, upon submission of a written notification established on a form approved by the Ministry in charge And published in accordance with the Order in Council for the purposes of this Act and containing The information requested on the form.

(b) keep records of the chemical products and the plant or plant site in question and the use of the said products;

(c) establish, on the basis of such statements, annual reports on the chemical products, facilities or plant sites considered, on a form approved by the Ministry of Industry and published in accordance with the implementing decree Of this Act;

(d) submit these annual reports to the Department in charge of industry at the intervals specified in the decree implementing this Act.

Such statements and reports shall be sufficiently informed so that the Minister responsible for industry can prepare the annual report to be sent to the President of the National Commission.

If the Minister responsible for Industry considers that any person may provide information in connection with a declaration to be submitted by Senegal to the OPCW in accordance with the Convention or the application of the Convention or the present Law, it may require such information to be communicated to it within a reasonable period of time and in accordance with the terms and conditions specified in the notification.

[| TITLE III. -THE SYSTEM OF VERIFICATIONS |]

[| Chapter 1. -National audits |]

Article 20.

In order to ensure that the provisions of this Law are fully complied with, the Minister responsible for Industry, after having notified the President of the National Commission, may proceed or have it carried out by a qualified body, Chemical products listed in one of the tables or on defined organic chemicals.

It may also require any information that it considers to be in a position to enable the State to respond, within the time required, to requests for clarification by the Organization.

Article 21.

The officers responsible for the inspection, sworn and empowered to do so, shall act during the working hours of the relevant services of the establishment where
Is located at the permanent presence of the operator or its representation. They shall be accompanied by two judicial police officers appointed by the Prosecutor of the Republic of the Regional Court in whose jurisdiction the investigation takes place.

They may enter the premises and exercise inspection powers in order to verify compliance with the applicable regulations.

They shall take communication and copy, for each operation, commercial documents such as invoices, manifests, administrative documents, transport documents and other shipping documents and, where appropriate, documents relating to The import, export and transit of such products.

They may take samples or have samples taken as evidence.

They shall draw up a record of those findings which they submit to the requesting administrative authority. A copy is provided to the operator.

Such agents shall be subject to the respect of professional secrecy.

[| Chapter II. -International audits |]

Article 22.

International verifications shall be carried out by inspectors specially authorized by the Organization and approved by the President of the National Commission.
They shall take place in the presence of escorts duly authorised for that purpose by the administrative authority. These include the Prosecutor of the Republic of the Regional Court within whose jurisdiction the audit takes place or its designated representative.

The latter greet the inspectors at the point of entry into the territory, attend all their operations and accompany them to the exit point of the territory. They facilitate the work of the inspectors by ensuring that no excesses are committed by the inspectors.
Attendants shall be appointed by decree at the beginning of each calendar year on the proposal of the President of the National Commission. They are subject to strict confidentiality.

Article 23.

The international audit covers the facilities reported by Senegal to the Organization. It may cover any facility or site in the case of a formal notice inspection.

Article 24.

For the performance of their duties, international inspectors shall enjoy privileges and immunities in accordance with Section B of Part II of the Annex to the Convention on Verification.

Article 25.

An international inspector may, with the consent of the person in charge of the premises to which any of the provisions of the sixth to ninth parts of the Annex on verification apply, or who are the subject of an inspection on Place by formal notice as provided for in article IX, paragraph 8, of the Convention, or in respect of which an investigation has been initiated in accordance with article X, paragraph 9, of the Convention, shall perform the following acts:

1. - visit the premises;

2. - inspect premises in accordance with:

(a) to the second part of the Annex on verification, except where the provisions of that part differ from those laid down for specific types of inspection in the sixth to ninth parts of the said Annex, in which case they are The latter which prevail; or

(b) the applicable installation agreement between Senegal and the OPCW;

3. - exercise for inspection purposes any award or power provided for in the second part of the Annex on verification, except where the provisions of that Party deviate from those laid down for specific types Inspection in the sixth to ninth parts of the said Annex, in which case the latter shall prevail; or the applicable installation agreement between Senegal and the OPCW.

The powers referred to above may be exercised only in the manner reasonably considered by the operator of the facility to be in accordance with the security procedures applicable to the premises.

[| Chapter III. -Common provisions |]

Article 26. - Written requisitions

The President of the National Commission may,
By written requisition giving instructions to any person for the purpose of facilitating an inspection carried out in accordance with Title III of this Law.

Article 27. - Identity Parts

The President of the National Commission shall issue to any international inspector and any national inspector a piece of identity certifying his or her quality.

Article 28. - Obligation of persons carrying out
Inspections.

Every national inspector must be equipped with the piece certifying his or her quality and producing it to any person in charge of the premises.

(a) at the time of entry of the premises if that person is present;

(b) thereafter, at any reasonable time, on the request of the said person.

Article 29.

The national inspector shall, at the end of the inspection, provide the occupant or the person responsible for the premises with a record attesting that he has entered and mentions:

1. - the time and date of entry into the premises;

2. - the circumstances and purpose of entry into the premises;

3. - the names of all persons who entered the premises;

4. - all objects entered.

[| TITLE IV. -PENAL SANCTIONS |]

Article 30.

In the cases provided for in Articles 32 to 39, it shall not be possible to grant a stay of execution of the sentence or grant the benefit of the extenuating circumstances to persons whose guilt has been recognised.

[| Chapter I.-Penalties for weapons and chemical installations |]

Article 31.

Any person who commits or attempts to commit any of the offences provided for in Articles 5 and 6 of this Law shall be punished with hard labour in time of ten to twenty years and a fine of 20.000.000 to 50,000,000 francs.

Article 32.

The guilty shall also be punished by the same penalties:

Manufacturing of unfilled chemical munitions and equipment for use in chemical weapons;

Modification of an installation or any material of any kind for the purpose of performing an activity prohibited by section 5 of this Act.

Article 33.

In the cases provided for in Articles 5 and 6, the penalty of hard labour shall be imposed if it is found that the offence was committed in intelligence with a foreign power, in accordance with the cases provided for in the first section of the chapter First of the first title of the third book of the amended Act No. 65-60 of 21 July 1965, Criminal Code.

Article 34.

Culpable natural or legal persons
Of one of the offences provided for in the single chapter of the first title shall be subject to the following additional penalties:

1. - prohibition in accordance with Article 34 of the Criminal Code, civil, civil and family rights;

2. - the closing, on a final or temporary basis, of one or more of the establishments of the undertaking having been used to commit the acts in question;

3. - the exclusion of public procurement for a period of not more than five years;

4. - the confiscation of the thing or facilities that were used or intended to commit the offence or the thing that is the product thereof.

[| Chapter II. -Penalties for Table 1 products. |]

Article 35.

The perpetrators of the offences set out in Article 7 shall be punished by criminal detention from five to ten years and from 5.000.000 to 10.000.000 francs in fines.

However, the penalty will only be imprisonment for three to five years and the fine of 3,000,000 to 5,000,000 francs if the development, manufacture, acquisition, use, holding, storage, storage of listed chemicals In Table 1 shall be made for medical, pharmaceutical, research or protection purposes without the prior obtaining of the administrative authorisation referred to in Articles 8, 9 and 10 of this Law.

The sentences of the first paragraph of this article
Shall be pronounced if the import, export, trade, brokering or transit to or from a State not party to the Convention is carried out.

Without prejudice to the customs provisions, the penalty shall also be the same if it is established that the quantities actually imported by the holder of an authorisation exceed the quantities declared.

If the facts have been committed by a legal person, the penalties shall be those laid down in Article 34 (2), (3) and (4) of this Law.

[| Chapter III. -Penalties for chemicals in Tables 2 and 3. |]

Article 36.

Anyone who transfers to a non-State party to the Convention or receives such a state from the chemicals in Table 2 will be punished by imprisonment from two years to five years and a fine of 500,000 to 2,000,000 francs.

Article 37.

Any person found guilty of the prohibition laid down in Article 12 will be punished by imprisonment for two to five years and a fine of 500,000 to 2,000,000 francs.

In the case of a legal person, it may also be given the administrative sanction provided for in paragraphs 2, 3 and 4 of Article 34.

Article 38.

Any person who has shivered, treated or consumed, as the case may be, the chemicals in Tables 2 or 3, or defined organic chemicals, for a purpose other than for the purposes authorized or infringed by the provisions of Articles 19 and 20 shall be punished A prison term of one year to three years and a fine of between 1,500,000 and 3,000,000 francs.

In the cases referred to in the preceding Article and in this Article, the penalty provided for in Article 34 (2), (3) and (4) shall be applied in respect of legal persons.

[|
Chapter IV. -Penalties for declarations and inspections. |]

Article 39.

Any person who fails to comply with the provisions of article 26 above shall be liable to imprisonment from six months to two years and to a fine of 500,000 to 1,000,000 francs or to one of those penalties only.

Article 40. - Refuse to comply.

Any person who refuses to comply with a notification addressed to him in accordance with this Section shall be liable to the penalties laid down in Article 34 (2), (3) and (4) if it is a legal person.

Article 41. - False statements or misleading statements.

Every person who, in a document established in accordance with this section of this Act, makes a false statement or statement in which he or she wilfully fails to mention a point shall be subject to penalties under section 40 of this Act. In order to materially affect the veracity or accuracy of the said document.

Article 42. - Entrave to the work of the inspectors.

Any person who obstrucs the action of a national inspector or an international inspector in the exercise of the powers or powers provided for in this section or the Convention, acts against it, opposes or makes misleading representations to it shall be Punished by imprisonment from two years to five years and a fine of 500,000 to 2.500,000 francs or only one of those penalties.

Article 43.

Any person who, having received a notification from the President of the National Commission, fails to comply or refuses to comply with it shall be punished by imprisonment from six months to two years and a fine of between 100,000 and 500,000 or both Only.

Article 44.

Any person who has information disclosed in accordance with the terms of this Act shall be required to maintain the confidentiality of such information.

This information may be disclosed only with the consent of the person whose business is concerned in order to:

Enable the Republic of Senegal to fulfil its obligations under the Convention;

Ensure compliance with this Act;

Respond to an emergency situation involving public safety.

Any violation of these provisions will be punishable by a term of imprisonment of one year to three years and a fine of 500,000 to 1,500,000 francs.

[| TITLE V. - FINAL PROVISIONS |]

Article 45.

The present Law is also applicable to acts or omissions prohibited by the Convention and committed by a Senegalese national outside Senegal.

The said application is extended to acts or omissions prohibited by the Convention and committed on board Senegalese ships and aircraft.

"The term" Senegalese ships and aircraft " Vessels and aircraft registered in Senegal, belonging to or in the possession of that national.

Article 46.

For the purposes of this Law, it shall be open to the Ministry in charge of Industry a register of imports and exports of chemicals listed in Tables 1, 2 and 3 of the Annex to this Law, including the rules for the keeping of the Register shall be fixed by decree.
This Law shall be enforced as the law of the State.
Done at Dakar, 16 October 2006.

[/Abdoulaye WADE ./]

By the President of the Republic:

The Prime Minister,
Macky SALL.