ACT, No. 58 OF 2007

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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
CHEMICAL WEAPONS CONVENTION
ACT, NO. 58 OF 2007
[Certified on 20th November, 2007]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of November 23, 2007
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 15.00 Postage : Rs. 10.00

Chemical Weapons Convention 1
Act, No.58 of 2007
[ Certified on 20th November, 2007]
L.D — O. 66/2003
ANACT TOPROVIDE FOR THE IMPLEMENTATION OF THE CONVENTION ON
THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING
AND USE OF CHEMICAL WEAPONS AND THEIR DESTRUCTION AND TO
PROVIDEFORMATTERSCONNECTEDTHEREWITHORINCIDENTALTHERETO.
WHEREAS the Convention on the Prohibition of the Preamble.
Development, Production, Stockpiling and Use of Chemical
Weapons and their Destruction (hereinafter referred to as
the“Convention”) was signed on behalf of the Government
of Sri Lanka on January Fourteenth One Thousand Nine
Hundred and Ninety Three :
AND WHEREAS Sri Lanka, has ratified the said Convention,
and whereas it has become necessary for the Government of
Sri Lanka to make legislative provisions to give effect to
Sri Lanka’s obligation under the aforesaid Convention:
NOW THEREFORE be it enacted by the Parliament of the
Democratic Socialist Republic of Sri Lanka as follows :—
PART I
PRELIMINARY
1. This Act may be cited as the Chemical Weapons Short title and
Convention Act, No.58 of 2007 and shall come into operation date of
operation.
on such date as the Minister may by Order published in the
Gazette appoint.
2. (1) The Provisions of the Act shall apply to acts Application of
done or omitted to be done by— the Act.
(a) any person within Sri Lanka and on board any ship
or aircraft registered in Sri Lanka ; or
(b) any citizen of Sri Lanka, outside Sri Lanka.
2—PL 002325—4,450 (2007/08)
2 Chemical Weapons Convention
Act, No.58 of 2007
(2) Notwithstanding anything in any other written law,
proceedings in respect of any offence under this Act
committed anywhere outside Sri Lanka shall not, by virtue
only of the provision of this Act, be instituted in any Court
except upon the advice of the Attorney-General.
Act binds the 3. This Act binds the State in all its capacities : Provided
State. however, nothing in this Act shall render the State liable to
be prosecuted for an offence.
Power to declare 4. (1) The Minister may with the concurrence of the
that Act shall Cabinet of Ministers by Order published in the Gazette,
cease to be in
declare that the provisions of this Act shall cease to be in
force.
force in the event of the Government of Sri Lanka
withdrawing from the Convention in terms of the provisions
of Article XVI of such Convention.
(2) Notwithstanding the provisions of this Act ceasing to
be in force by virtue of an Order made under subsection (1),
the validity of—
(a) the operation of anything duly done or suffered in
terms of this Act or any regulation, rule or Order
made thereunder prior to the making of such Order,
shall not be affected;
(b) any right, privilege, obligation or liability acquired,
accrued or incurred under the provisions of this Act,
prior to the making of such Order, shall not be
affected;
(c) any penalty, forfeiture or punishment imposed in
respect of any offence under this Act, prior to the
making of such Order, shall not be affected and may
validly be imposed; and
(d) any investigation, legal proceedings or remedy, in
respect of any such right, privilege, obligation or
liability incurred prior to this making of such
order shall not be affected and any investigation
Chemical Weapons Convention 3
Act, No.58 of 2007
or legal proceedings may be instituted or continued
and any remedy, privilege, obligation or liability
may be enforced as if such Order had not been made.
PART II
ESTABLISHMENT OF THE NATIONAL AUTHORITY FOR THE
IMPLEMENTATION OF THE CHEMICAL WEAPON’S CONVENTION
5. (1) For the purposes of this Act, the Minister shall The National
establish an Authority to be known as the National Authority Chemical
Weapons
for Implementation of the Chemical Weapons Convention
Authority.
(hereinafter referred to as “the Authority”).
(2) The Authority shall by the name assigned to it by
subsection (1) be a body corporate and shall have perptual
succession and a common seal and may sue and be sued in
such name.
6. (1) The Secretary to the Ministry of the Minister in Chairman of the
charge of the subject of Industries shall be the Chairman of Authority.
the Authority and shall be charged with the implementation
of the Act.
(2) There shall be a Secretariat to assist the Authority
headed by the Director appointed under section 8. The
Secretary shall appoint to such Secretariat such number of
officers of the Ministry as may be necessary to assist the
Director of the Authority in the exercise, performance and
discharge of the powers, duties and functions assigned to or
conferred on the Director under the Act.
7. (1) The Seal of the Authority shall be in the custody The Seal of the
of the Chairman of the Authority and may be altered in such Authority.
manner as may be determined by the Authority.
(2) The application of the Seal of the Authority shall be
authenticated by the signature of the Chairman of the
Authority, and any other officer of the Authority authorized
to authenticate the application of the Seal.
4 Chemical Weapons Convention
Act, No.58 of 2007
(3) The Seal of the Authority shall not be affixed to any
instrument or document except in the presence of the Chairman
of the Authority, and one other member, both of whom shall
sign the instrument or document in token of their presence :
Provided that where the Chairman is unable to be present
at the time when the Seal of the Authority is affixed to any
instrument or document, any other member authorized in
writing by the Chairman in that behalf, shall be competent to
sign such instrument or document in accordance with the
preceding provisions of this subsection.
(4) The Authority shall maintain a register of the instruments
or documents to which the Seal of the Authority is affixed.
Appointment of 8. (1) The Minister may appoint a person qualified and
Director of the experienced in work related to the Authority or with similar
National
Chemical work experience as the Director of the National Authority for
Weapons Implementation of the Chemical Weapons Convention
Authority. (hereinafter referred to as “the Director”) to whom the
Authority may delegate all or any of its powers and functions.
(2) The Director appointed under subsection (1) shall be
remunerated in such manner and at such rates as may be
determined by the Minister with the concurrence of the
Minister in charage of the subject of Finance and shall be
subject to such terms and conditions of service as may be
specified by the Minister on the recommendation of the
Authority.
(3) The Director shall be responsible for the performance
of the administrative functions of the Secretariat and the
implementation of the decisions of the Authority.
Appointment of 9. (1) The Authority may establish a Steering Committee
Steering
(hereinafter referred to as “the Committee”) to advise the
Committee.
Authority on the discharge of its functions.
Chemical Weapons Convention 5
Act, No.58 of 2007
(2) The Committee shall consist of the following
members appointed by the Authority:—
(a) the Director-General of the Multilateral Affairs
Division of the Ministry of the Minister in charge of
the subject of Foreign Affairs or a representative
nominated by the Secretary, to such Ministry ;
(b) the Director-General of Customs or a representative
nominated by him from the Customs Department ;
(c) the Controller of Imports and Exports (Control) or a
representative nominated by him from the
Department of Imports and Exports (Control) ;
(d) the Government Analyst or a representative
nominated by him from the Government Analyst’s
Department;
(e) Registrar of Pesticides, Department of Agriculture ;
(f) Director-General of the Central Environment
Authority or a representative nominated by him from
the Central Environment Authority ;
(g) Director, Chemical and Environmental Technology
Division of the Industrial Technology Instititute ;
(h) A Senior member of the University staff who has
acquired proven knowledge in chemicals specified
in the Schedules to this Act ; and
(i) A person who is in chemical industry engaged in
the production, processing and consumption of any
of the chemicals specified in the Schedules to this
Act.
(3) The members of the Committee may receive such
remuneration or allowances for each sitting, as may be
determined by the Minister.
6 Chemical Weapons Convention
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Meeting of the 10. (1) The meetings of the Committee shall be held
Committee. once at least in every two months.
(2) The quorum for any meeting of the Committee shall be
as determined by the Committee by rules made in that behalf.
(3) The Secretary, or in his absence an officer chosen by
the members present, shall preside at every meeting of the
Committee.
Functions of the 11. The functions of the Authority shall be—
Authority.
(a) to implement a regulatory regime within the scope
of the Convention in respect of the toxic chemicals
specified in Schedules I, II and III to this Act ;
(b) to seek advice or services of specialists and experts
from within outside Sri Lanka ;
(c) to fulfill on behalf of the Government of Sri Lanka
the obligations under the Convention ; and
(d) to serve as the national focal point for effective
liaison with the Organization for the Prohibition of
Chemical Weapons (hereinafter referred to as “the
OPCW”) and other States Parties pursuant to Article
VII of the Convention.
Powers of the 12. (1) The powers of the Authority shall be—
Authority.
(a) to co-ordinate with other relevant government
departments and institutions with a view to—
(i) administering the licensing and permit scheme
for the regulation of toxic chemicals or their
precursors specified in Schedules I, II and III
to this Act, and unscheduled discrete organic
chemicals or the facilities used to produce
them ; and
Chemical Weapons Convention 7
Act, No.58 of 2007
(ii) assisting the relevant authorities in
developing a national protection programme
and appraising the OPCW periodically of its
progress ;
(b) to monitor the implementation of the provisions of
this Act and the regulations made thereunder ;
(c) to facilitate routine industry inspections ;
(d) to interact with other relevant Government entities
and carry out such functions and duties as are
assigned to the Authority under this Act or any
regulation made thereunder ;
(e) to advise the Minister on matters relevant to the
making of regulations under this Act ;
(f) to perform any other tasks assigned to it by the
Minister ; and
(g) to do anything incidental or conducive to the
performance of any of the functions referred to in
paragraphs (a) to (d).
(2) Subject to the provisions of subsection (1), the
Authority shall—
(a) monitor compliance with the provisions of the
Convention ;
(b) regulate and monitor the development, production,
processing, consumption, transfer, import, export or
use of chemicals and their precursors specified in
Schedules I, II and III to this Act ;
(c) make a request to, or grant a request of, a State Party
for assistance and protection under Article X, against
the use or threat of use of chemical weapons ;
8 Chemical Weapons Convention
Act, No.58 of 2007
(d) make periodic inspections or challenge inspections
or investigate, into the use of chemical weapons or
riot control agents as a method of warfare;
(e) conduct inspections for the purposes of this Act ;
(f) interact with the OPCW with a view to ensuring the
acceptance of Sri Lanka’s request for challenge
inspections or to counter any frivolous or defamatory
request made by any State Party against Sri Lanka
to the OPCW ;
(g) scrutinize and if satisfied, accept the list of OPCW
inspectors and verify the approved equipment
brought by an inspection team on to the inspection
site ;
(h) ensure confidentiality and maintain secrecy of
confidential information and technology collected
or receivied by the Authority under the Act;
(i) call for such information from any person where the
Authority has reasonable cause to believe that such
information may be required for complying with
the provisions of the Convention;
(j) provide training to inspectors appointed under
section 17 ;
(k) co-ordinate the exchange of scientific and
technological information among laboratories
handling toxic chemicals or precursors ;
(i) facilitate international exchange of scientific and
technical information, chemicals and equipment for
the production, processing or use of chemicals for
purposes not prohibited under the Convention ;
Chemical Weapons Convention 9
Act, No.58 of 2007
(m) determine, from time to time, the quantum of any
chemical or precursor listed in Schedules I, II and III
to this Act that a person at any time may produce,
acquire, retain, transfer or use for purposes not
prohibited under the Convention ; and
(n) carry out such other functions as may be prescribed.
(3) In the exercise of its powers and performance of its
functions under this Act, the Authority shall be subject to the
general direction of the Minister.
13. The Authority shall prepare such initial, annual and Authority to
other periodic declarations regarding toxic chemicals or submit
declarations to
precursors listed in Schedules I, II and III to this Act or any
OPCW.
orher declaration required to be made under the Convention
and shall submit such declarations to the OPCW at such time
or times as may be specified under the Convention.
14. The Minister may, from time to time, give directions Direction by the
to the Authority in regard to the general policy on toxic Minister.
chemicals specified in Schedules I, II and III to this Act and
such other matters as he may deem appropriate and it shall be
the duty of the Authority to comply with such directions :
Provided that the Minister shall, in issueing directions
under this section with regard to any matter affecting the
subjects or functions assigned to any other Minister, act in
consultation with that Minister.
15. The Authority shall give to the Minister any Authority to give
information that the Minister may require regarding its information to
Minister.
operations.
16. (1) Notwithstanding anything contained in any other Power of
law for the time being in force, the Authority may, by general Authority to call
for information,
or special order, call upon any importer, exporter, supplier, etc.
Government or private institution or organization or person,
to furnish periodically or as and when required, any
information, declaration or return concerning chemicals or
10 Chemical Weapons Convention
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precursors listed in Schedules I, II and III to this Act and
any unscheduled discrete organic chemical, chemical
weapon, chemical weapons production facility and riot
control agent with such other particulars as may be
prescribed by the Authority.
(2) No person, institution or organization shall, when
complying with any requirement made under subsection (1),
give any information or furnish any declaration, return or
statement which such person, institution or organisation
knows, or has reasonable cause to believe to be false or
incorrect in any material particular.
Appointment of 17. (1) The Authority may appoint any officer or servant
the inspector. of the Authority by name or by office, to be an inspector for
the purposes of this Act.
(2) The Authority may, from time to time appoint in writing
any other Government officer to function as an inspector.
(3) The Authority shall furnish every inspector appointed
under subsections (1) or (2) with a Certificate of Appointment
as an inspector. Such Certificate shall be in such form as may
be provided by rules made under this Act, and shall, if so
required, within any establishment, be produced by the
Inspector to the occupier or person holding a responsible
position of management at the establishment.
Powers of the 18. (1) Subject to any rules made in that behalf, an
inspector. Inspector shall have the power for the purposes of this Act, to
do all or any of the following acts :—
(a) to enter and search any premises or a facility at all
reasonable times by day or night ;
(b) inspect or examine a matter or thing found in any
premises or facility ;
(c) take samples of a matter or thing found in any
premises or facility ;
Chemical Weapons Convention 11
Act, No.58 of 2007
(d) measure a matter or thing found in any premises
or facility ;
(e) examine a document including a record kept in
accordance with the requirements of this Act, the
regulations made thereunder or the conditions of a
permit ;
(f) take extracts from, or make copies of, a document
(including a record of a kind referred to in paragraph
(e)) or make images of any matter or thing by any
means whatsoever ;
(g) operate any equipment, including electronic
equipment, located at the premises or facility if
the inspector believes, on reasonable grounds, that
the equipment can be operated without causing
damage thereto ;
(h) take into any premises or facility any equipment or
material that is reasonably required for the purpose
of exercising a power under any of the above
paragraphs ;
(i) question personnel working on the site ; and
(j) do any other act or thing necessary or convenient to
be done to carry out an inspection.
(2) In addition to the powers under subsection (1) a
reference to an inspection power shall include, in respect of
an Inspector, a power to seize and detain any substance that
the Inspector believes on reasonable grounds to be evidential
material in relation to an offence committed under this Act.
(3) The powers referred to in paragraphs (a), (b), (c), (d)
and (g) of subsection (1) may, on reasonable grounds, be
exercised by an Inspector under paragraph (a) of subsection
(1) of section 25, only—
(a) with the approval of the Chairman or the Director of
the Authority ; and
12 Chemical Weapons Convention
Act, No.58 of 2007
(b) in accordance with any safety procedures
applicable at the premises or facility.
(4) The owner or occupier of any premises or facility, his
agents and servants shall at all times furnish the means or
facilities required by and Inspector as are necessary for the
purpose of exercising his powers under subsection (1).
Part III
PROHIBTITION AND REGULATION OF CHEMICALWEAPONS AND TOXIC
CHEMICALS
Prohibition to 19. (1) Any person who—
develop,
produce, (a) uses a chemical weapon ;
acquire, &c,.
chemical (b) develops or produces a chemical weapon ;
weapons.
(c) acquires, stockpiles or retains a chemical weapon ;
(d) transfers, directly or indirectly, any chemical weapon
to another person ;
(e) engages in any military preparations to use a
chemical weapon ;
(f) knowingly assists, encourages or induces, any
prohibited activity ; or
(g) uses any riot control agent as a method of warfare,
shall be guilty of an offence under this Act and be punished
with imprisonment of either description for a period not
exceeding twenty years and a fine not exceeding one million
rupees.
(2) The prohibition contained in subsection (1) shall not
apply to the retention or possession of chemical weapons by
an inspector appointed under section 17 or an international
inspector, pending destruction of such weapons under the
authority of this Act or any regulation made thereunder or
any other written law.
Chemical Weapons Convention 13
Act, No.58 of 2007
(3) In proceedings for an offence under paragraphs (a),
(b), (c), (d), (e), (f) or (g) of subsection (1) relating to an
object, it is a defence for the accused to prove that—
(a) he neither knew nor suspected or had reason to
suspect that the object was a chemical weapon or
riot control agent, as the case may be ; or
(b) as soon as reasonably practicable after he first knew
or suspected it to be a chemical weapon or riot
control agent, as the case may be, he took all
reasonable steps to inform an authorized officer of
his knowledge or suspicion.
(4) Nothing in subsection (3) shall prejudice any defence,
which is open to a person charged with an offence under this
section.
20. No person shall— Prohibitions to
develop,
(a) develop, produce, acquire, retain or use a toxic produce,
chemical or precursor listed in Schedule I to this Act acquire, &c,. toxic
chemical or
outside the territories of State Parties, and shall not
precursor.
transfer such chemical or precursor outside the
territory of Sri Lanka except to another State Party ;
(b) produce, acquire, retain, transfer or use any toxic
chemical or precursor listed in Schedule I to this Act
without obtaining persmission from the Authority
and unless—
(i) the toxic chemicals or precursors listed in
Schedule I to this Act are to be applied in
research, medical, pharmaceutical or
protective purposes ; and
(ii) the types of toxic chemicals or precursors are
strictly limited to those that can be justified
with reference to the purposes specified in sub-
paragraph (i) and the quantities of such toxic
chemicals or precursors for such purposes at
any time do not exceed the limits as
determined by the Authority ;
14 Chemical Weapons Convention
Act, No.58 of 2007
(c) transfer the toxic chemicals or precursors listed
in Schedule I to this Act to another State Party
outside Sri Lanka except—
(i) for the purposes specified in sub-paragraph
(i) of paragraph (b) ; and
(ii) in accordance with the procedure set out in
Part VI of the Verification Annex to the
Convention :
Provided that no toxic chemicals or precursors
referred to in this paragraph shall be re-transferred
to any third State.
(d) transfer a toxic chemical or precursor specified in
Schedule II to this Act to or from any entity in a
State which is not a party to the Convention.
Export or import 21. (1) No person shall export from, or import into Sri
to be made in
accordance with Lanka any chemical or precursor listed in Schedules I, II and
the Customs III to this Act except as approved by the Authority and in
Ordinance
(Chapter 235). accordance with the provisions of the Customs Ordinance
(Chapter 235).
(2) An application for a permit to import or export any
chemical or precursor listed in Schedules I, II, and III to this
Act shall, when made to the Controller of Imports and Exports,
be referred by him to the Authority for necessary approval
with or without conditions attached.
Seizure and 22. If there shall be any contravention of or attempt to
forfeiture. contravene any provision of this Act or any regulation made
thereunder in respect of a scheduled chemical, such chemical
shall be liable to seizure and forfeiture under the Customs
Ordinance (Chapter 235) as if it were a prohibited import
unlawfully imported into Sri Lanka.
Chemical Weapons Convention 15
Act, No.58 of 2007
23. The High Court of Sri Lanka holden in Colombo High Court to try
or the High Court established by Article 154P of the offences under
this Act.
Constitution for the Western Province holden in Colombo,
shall notwithstanding anything in any other law, have
exclusive jurisdiction to hear, try and punish the offences
under this Act.
PART IV
REGISTRATION OF PERSONS ASPRODUCERS, USERS &C,.
24. (1) No person, shall after the commencement of this Registration of
Act, produce, process, acquire, consume, transfer, import, persons engaged
in production,
export or use any toxic chemical or precursor listed in
&c, of any toxic
Schedules I, II and III to this Act or produce any unscheduled chemical or
discrete organic chemical unless such person has applied to precursor.
the Authority for registration of his name as a producer,
processor, acquirer, consumer, transferor, importer, exporter
or user of any toxic chemical or precursor, as the case may be,
or as a producer of any unscheduled discrete organic
chemical.
(2) Notwithstanding the provisions of the Board of
Investment Law, No. 4 of 1978, every person who is engaged
in the development, production, processing, acquisition,
consumption, transfer, import, export or use of any toxic
chemical or precursor listed in Schedules I, II and III to this
Act or engaged in the production of any unscheduled discrete
organic chemical, shall, make within thirty days from the
commencement of this Act, make an application to the
Authority for registration of his name, as a producer,
processor, acquirer, consumer, transferor, importer, exporter
or user of any toxic chemical or precursor or, as the case may
be, or as a producer of any unscheduled discrete organic
chemical.
(3) The form of application to be made to the Authority
under subsection (1) or subsection (2), the particulars to be
contained in such application form, the manner in which
16 Chemical Weapons Convention
Act, No.58 of 2007
such application shall be made, the fee payable on such
application, the form of Certificate of Registration and the
procedure to be followed in granting or cancelling a
Certificate of Registration shall be as prescribed.
(4) On receipt of the application referred to in subsection
(1) or subsection (2) the Authority shall, if the application is
in the prescribed form, register the name of the applicant and
grant him a Certificate of Registration.
(5) The Certificate of Registration granted in terms of
this section shall be valid for the period specified therein
and may be renewed from time to time for such further
period and on payment of such fee, as may be prescribed.
Providing 25. (1) Any person who is engaged in the development,
information and production, processing, acquisition, consumption, transfer,
record.
import, export or use of any toxic chemical or precursor, listed
in Schedules, I, II and III to this Act or is engaged in the
production of any unscheduled discrete organic chemical
and who is registered with the Authority in terms of Section
24 shall—
(a) send to the Authority such particulars in such form
and at such intervals as are prescribed in relation
to—
(i) the chemicals and the facility, as the case may
be ;
(ii) the purposes for which the chemicals are to be
used; and
(iii) matters relevant for a declaration required to
be made under the Convention by Sri Lanka
to the OPCW ;
(b) keep such records in relation to the chemicals and
facility referred to in paragraph (a), as are required
by regulations made under this Act ; and
Chemical Weapons Convention 17
Act, No.58 of 2007
(c) prepare and give to the Authority from such
records, such periodic reports and such special
reports relating to the chemicals and facility
referred to in paragraph (a) as are required by
regulations made under this Act.
(2) Any person who fails or refused, without reasonable
cause, to comply with subsection (1) or prepares, keeps or
sends false or misleading records or reports shall be guilty of
an offence under this section and shall on conviction, be
liable to a fine not exceeding one hundred thousand rupees
or to imprisonment for a term not exceeding six months or
both.
(3) Regulations may be made under subsection (1) relating
to—
(a) the forms and content of such records ;
(b) the period for which such records are to be kept ;
(c) the form and content of periodic reports to be
provided ;
(d) the circumstances in which special reports are
required and the form and content of such special
reports ;
(e) the time within which such periodic reports and
special reports are to be made ; and
(f) the persons who are to sign such periodic reports
and special reports.
Part V
INSPECTION, SEARCH AND FORFEITURE
26. (1) An inspector appointed under section 17, may— Inspection.
(a) with the consent of the person in control of any
premises ; or
18 Chemical Weapons Convention
Act, No.58 of 2007
(b) under a warrant issued under section 35 in respect
of any premises,
enter the premises and inspect—
(i) any person who is engaged in the production,
processing, acquisition, consumption, transfer,
import, export or use of any toxic chemical or
precursor listed in Schedules I, II and III to this Act
or the production of any unscheduled discrete
organic chemical ;
(ii) any place where any chemical weapon is located or
chemical weapon production facility exists, for the
purposes specified in the Verification Annex to the
Convention.
(2) Every inspector or inspection team shall, upon being
authorized in writing by the Chairman or the Authority have—
(a) the right to interview any facility personnel for the
purpose of establishing relevant facts ;
(b) the right to request clarifications in connection with
ambiguities that may arise during inspection;
(c) the right to demand production of such
documentation and records which are relevant and
necessary for the purpose of inspection ;
(d) the right to take photographs of an object or a
building located within the inspection site if the
question relating to the object or building is not
resolved ;
(e) the right to draw samples and perform on-site
analysis of such samples ; and
Chemical Weapons Convention 19
Act, No.58 of 2007
(f) such other rights as are provided under the
Convention.
(3) An inspector or inspection team shall, during the
conduct of verification activities enjoy the privilege and
immunities referred to in Part II of the Verification Annex to
the Convention.
27. An international inspector may, with the consent of International
the person in control of any premises— inspection.
(a) in respect of which any provision of Part VI to IX
of the Verification Annex to the Convention
applies; or
(b) that are subject to an on-site challenge inspection
referred to in paragraph 8 of Article IX of the
Convention; or
(c) in respect of which an investigation under paragraph
9 of Article X of the Convention has been initiated,
under a warrant issued under section 35 in respect of any
such premises—
(i) enter the premises ;
(ii) inspect the premises pursuant to the
Convention and, in the case of any facility,
any applicable facility agreement ; and
(iii) exercise in connection with the inspection,
any function contemplated, and power
provided for, in the Convention and, in the
case of any facility, inspect any applicable
facility agreement.
28. (1) For the purpose of facilitating an inspection by Persons to
an international inspector, he shall be accompanied by one accompany
international
of the following officers or both :—
inspectors.
(a) an observer ;
(b) an inspector.
20 Chemical Weapons Convention
Act, No.58 of 2007
(2) An inspector may exercise any power of inspection
for the purposes of facilitating an inspection, referred to
in section 18.
(3) “Observer” in this section means an observer referred
to in paragraph 12 of Article IX of the Convention, and
includes any person authorized by the Authority to observe
the inspection.
Identification 29. The Authority shall issue to every inspector and
certificate. international inspector a certificate identifying him as such
inspector or international inspector, as the case may be.
Certain acts. to 30. Any person who willfully—
constitute an
offence. (a) refuses without reasonable excuse to comply with
the request made by the inspector or inspection team
for the purpose of facilitating the conduct of an
inspection in accordance with the Verification Annex
to the Convention ;
(b) delays or obstructs any member of the inspection
team, inspector, or the observer in the conduct of an
inspection ; or
(c) removes or tampers with any on-site instrument or
approved equipment installed by the inspector or
inspection team with the intention of adversely
affecting the operation of such instrument or
equipment,
shall be guilty of an offence under this Act.
Analysis of 31. (1) An inspector or an inspection team on obtaining
samples. a sample of a chemical shall forthwith inform the person in
control of any premises of his or its intention to have the
same analyzed by an authorized analyst and shall forthwith
divide the sample into two equal parts and cause each part to
be marked and sealed in such manner as its nature will permit
and shall deliver one part each to the person in control of the
premises and the authorized analyst.
Chemical Weapons Convention 21
Act, No.58 of 2007
(2) Where an authorized analyst has made an analysis
or examination of the chemical submitted to him under
subsection (1), he shall issue a certificate or report to the
Authority setting out in that certificate or report the results of
his examination or analysis.
(3) In any proceedings under this Act the production of a
certificate or report signed by an authorized analyst with
regard to any sample procured for analysis under this section
shall be prima facie evidence of the facts stated therein.
PART VI
SUPPLEMENTARY
32. The provisions of the Customs Ordinance (Chapter Application of
235) shall apply for the purposes of enforcement, and Customs
prevention and punishment for any contravention or attempted Ordinance
(Chapter 235).
contravention of the provisions of this Act or any regulation
made thereunder relating to chemicals the importation of which
is prohibited or restricted by this Act and such chemical shall
be deemed to be included in the table of prohibitions and
restrictions inwards in Schedule B to the Customs Ordinance.
The chemicals, the exportation of which is prohibited or
restricted by this Act shall be deemed to be included in the
table of prohibitions and restrictions outwards in that Schedule.
33. No person shall, whether for himself or any other Prohibition
person, for purpose of— against false
declarations.
(a) the issue, grant, delivery, alteration, or renewal of
any permit, authority, authorization, or certificate
under this Act or any regulation made thereunder ;
or
(b) registration as an importer, exporter and dealer of
chemicals,
make any declaration or statement, whether oral or in writing,
which is false in any particular, or knowingly utter, produce,
or make use of any such declaration or statement or any
document containing the same.
22 Chemical Weapons Convention
Act, No.58 of 2007
Refusal and 34. (1) Where under this Act or any regulation made
revocation of thereunder any person has power to grant approval, he may,
approval &c,.
in his discretion—
(a) insert such conditions therein as he may consider
expedient;
(b) refuse to grant or revoke the approval.
(2) Every decision under this section shall be subject
to an appeal to the Minister.
(3) This section applies to a permit, authority,
authorization or certificate in like manner as it applies to a
license, and applies to any entity in like manner as it applies
to a person.
Search warrants. 35. (1) Where a Magistrate is satisfied by information
on oath that there is reason to suspect that any thing or
document is, in contravention of the provision of this Act or
any regulation made thereunder, kept, possessed, sold, or
manufactured in any place or premises, or that any document
directly or indirectly relating to or connected with any
transaction or dealing which was, or any intended transaction
or dealing which, if carried out, would be an offence under
this Act, is in any place or premises, he may grant a search
warrant authorizing any officer or person named in the
warrant, at any time or times within one month from the date
of the warrant, to enter, with or without his assistants, if need
be by force, the place or premises named in the warrant, and
to search the place or premises and any person found therein,
and, if there is reason to suspect that an offence under this Act
has been committed in relation to any thing found in the
place or premises or in the possession of any such person or
that any document so found is such a document as aforesaid,
to seize and detain such thing or document.
(2) For the purposes of any search under subsection (1), all
such measures may be taken and such devices and such force
used as may be necessary to stop any vessel, boat, animal or
Chemical Weapons Convention 23
Act, No.58 of 2007
vehicle, which is not brought to a halt by the person in
charge thereof in compliance with any order, direction or
signal given in that behalf by any of the officers or persons
mentioned in that subsection.
36. (1) Subject to subsection (2), any person who Punishment for
divulges any confidential information obtained by the contravention in
relation to
authority from any declaration or return furnished or any disclosure of
statement made or information supplied to or obtained by, an confidential
inspector or an international inspector or a member of the information.
inspection team during the course of any inspection carried
out under the provision of this Act or from the OPCW or any
State Party, to any other person shall be guilty of an offence
under this Act and shall, upon conviction after summary trial
before a Magistrate, be liable to imprisonment for a term not
exceeding two years or to a fine not exceeding one hundred
thousand rupees or to both such imprisonment and fine.
(2) Any information specified in subsection (1) may be
disclosed only with the written consent of the person to whose
affairs it relates or for the purpose of—
(a) enabling Sri Lanka to fulfill its obligations under
the Convention; or
(b) the implementation of these provisions of this Act.
37. (1) Every person who contravenes or fails to comply General penalty.
with any provisions of this Act or any regulation made
thereunder, or any order or direction lawfully given under
this Act or any regulation made thereunder, or any condition
or provision contained in any licence, authorization, permit,
or authority granted under this Act or any regulation made
thereunder shall be guilty of an offence under this Act.
(2) Every person who attempts to commit or abets the
commission of an offence under this Act or any regulation
made thereunder shall himself be guilty of the same offence.
24 Chemical Weapons Convention
Act, No.58 of 2007
(3) Where an offence under this Act or any regulation
made thereunder is committed by a body of persons then—
(a) if the body of persons is a body corporate, every
person who at the time of commission of the offence
was a director, general manager, secretary or other
similar officer of that body; or
(b) if that body of persons is not a body corporate every
person who at the time of commission of the offence
was a member of that body,
shall be deemed to be guilty of that offence, unless the act
constituting the offence took place without his knowledge
or consent.
(4) Every person guilty of an offence under this Act or any
regulation made thereunder shall , for each such offence, be
liable on conviction to a fine not exceeding five hundred
thousand rupees or to imprisonment of either description for
a period not exceeding two years or to both such fine and
imprisonment.
Forfeiture. 38. (1) A Court which convicts any person of an offence
under this Act, may impose any of the penalties hereinbefore
specified and may, if it thinks fit, order that all or any articles
in respect of which the offence was committed, and any thing
used for the conveyance of such article be confiscated and
forfeited to the State.
(2) An Order for forfeiture imposed under subsection (1)
shall take effect—
(a) where no appeal is preferred to the Court of Appeal
against the Order of forfeiture, on the expiration of
the period within which an appeal may be preferred
to the Court of Appeal against such Order of
forfeiture;
Chemical Weapons Convention 25
Act, No.58 of 2007
(b) where an appeal had been preferred to the Court
of Appeal against such Order of forfeiture, and no
Appeal is preferred to the Supreme Court against
the Order of the Court of Appeal affirming or
upholding such Order of forfeiture, on the
expiration of the period within which an Appeal
may be perferred to the Supreme Court from such
Order of the Court of Appeal;
(c) where an Appeal had been preferred, to the Court of
Appeal against such Order of forfeiture, and an
appeal has been preferred to the Supreme Court from
the determination of the Court of Appeal on the first
mentioned appeal, upon the determination of the
Supreme Court affirming or upholding the Order of
forfeiture.
39. (1) The Minister may make regulations for the Regulations.
purpose of carrying out or giving effect to the principles and
provisions of this Act.
(2) In particular and without prejudice to the generality of
the powers conferred by subsection (1), the Minister
may make regulations for all or any of the following
purposes:—
(a) for prescribing the terms, conditions, limits of any
restrictions imposed in respect of any matter for
which regulations are required or authorized to be
made by this Act;
(b) for adding any item to, or deleting any item from, or
altering, varying or amending in any other manner
any of the Schedules;
(c) for specifying—
(i) the persons to whom, the circumstances in
which, and the terms and conditions subject
to which, approval under this Act may be
granted or refused; and
26 Chemical Weapons Convention
Act, No.58 of 2007
(ii) the manner and the form in which a request
for approval under this Act may be made and
dealt with;
(d) generally for all matters incidental to or connected
with the matters or subjects mentioned in this
subsection.
(3) Every regulation made by the Minister shall be
published in the Gazette and shall come into operation on
the date of such publication or on such later date as may be
specified in such regulation.
(4) Every regulation made by the Minister, shall as soon
as convenient after its publication in the Gazette, be brought
before Parliament for approval. Any regulation which is not
so approved, shall be deemed to be rescinded as from the
date of such disapproval, but without prejudice to anything
previously done thereunder.
(5) A Notification of the date of disapproval shall be
published in the Gazette.
Protection of public 40. Any expense incurred by the Authority in any suit
officers. or prosecution brought by or against the Authority before
any court shall be paid out of the Consolidated Fund, and
any costs paid to, or recovered by, the Authority in any such
or prosecution shall be credited to the Consolidated Fund.
Amendment to the 41. The Extradition Law, No. 8 of 1977 is hereby
Extradition the amended by the insertion immediately before Part B of the
extradition Law,
No. 8 of 1977. Schedule to that Law, of the following item:—
“(51) An offence within the meaning of the Chemical
Weapons Convention Act, No. 58 of 2007.”.
Existing 42. Where there is an extradition arrangement made by
extradition the Government of Sri Lanka with any State in force on the
arrangements
with States date on which this Act comes into operation, such arrangement
deemed to shall be deemed, for the purposes of the Extradition Law, No.
provide for 8 of 1977, to include provision for extradition in respect of
offences in the
Act. the offences specified in this Act.
Chemical Weapons Convention 27
Act, No.58 of 2007
43. Where there is an extradition arrangement made Minister may
treat Convention
by the Government of Sri Lanka with any State the
as an extradition
Minister may, by Order published in the Gazette, treat the arrangement
Convention, for the purposes of the Extradition Law, No. between Sri
Lanka and
8 of 1977, as an extradition arrangement of Sri Lanka with certain States, in
that State, providing for extradition in respect of the respect of
offences specified in this Act. offences in the
Act.
44. Where a request is made to the Government of Sri Duty of Minister
Lanka by or on behalf of the Government of a State with to notify
requesting State
whom the Government of Sri Lanka has entered into an of measures
agreement for the extradition of any person accused or taken against
persons for
convicted of an offence described in this Act, the Minister
whose
shall, on behalf of the Government of Sri Lanka forthwith extradition a
notify the Government of the requesting State of the measures request is made.
the Government of Sri Lanka has taken, or proposes to take,
for the prosecution or extradition of that person for that
offence.
45. (1) The provisions of the Mutual Assistance in Assistance to a
State.
Criminal Matters Act, No. 25 of 2002 shall, wherever it is
necessary for the investigation and prosecution of an offence
under Part III of this Act, be applicable in respect of providing
assistance as between the Government of Sri Lanka and other
States which are either Commonwealth countries specified
by the Minister by Order under section 2 of the aforesaid Act
or Non-Commonwealth countries with which the
Government of Sri Lanka has entered into an agreement in
terms of the aforesaid Act.
(2) The grant of assistance to a State may be made subject
to such terms and conditions as the Minister thinks fit.
46. In the event of any inconsistency between the Sinhala Sinhala text to
and Tamil texts of this Act, the Sinhala text shall prevail. prevail in case of
inconsistency.
28 Chemical Weapons Convention
Act, No.58 of 2007
Interpretation. 47. In this Act unless the context otherwise requires—
“authorized analyst” means the Government Analyst, the
Additional Government Analyst, a Deputy
Government Analyst, a Senior Assistant Government
Analyst and an Assistant Government Analyst;
“chemicals” means the chemicals to which this Act
applies specified in Schedules I, II and III to this
Act;
“chemical weapon” means the following, together or
separately:—
(a) toxic chemical and their precursors, except
where intended for purposes not prohibited
under the Convention, as long as the types
and quantities are consistent with such
purposes;
(b) munitions and devices, specifically designed
to cause death or other harm through the
toxic properties of those toxic chemicals
specified in subparagraph (a), which would
be released as a result of the employment of
such munitions and devices; and
(c) Any equipment specifically designed for
use directly in connection with the
employment of munitions and devices
specified in subparagraph (b);
“precursor” means any chemical reactant which takes
part at any stage in the production by whatever
method of a toxic chemical. This includes any key
component of a binary or multi-component
chemical system;
“purpose not prohibited under this Convention” means:
(a) industrial, agricultural, research, medical,
pharmaceutical or other peaceful
purposes;
Chemical Weapons Convention 29
Act, No.58 of 2007
(b) protective purposes, namely those purposes
directly related to protection against toxic
chemicals and to protection against
chemical weapons;
(c) military purposes not connected with the use
of chemical weapons and not dependent on
the use of the toxic properties of chemicals as
a method of warfare; and
(d) law enforcement including domestic riot
control purposes;
“riot control agent” means any chemical not listed in a
Schedule, which can produce rapidly in humans
sensory irritation or disabling physical effects which
disappear within a short time following termination
of exposure;
“toxic chemical” means any toxic chemical specified in
Schedules I, II and III to this Act, which through its
chemical action on life processes can cause death,
temporary incapacitation or permanent harm to
humans or animals and includes such chemicals,
regardless of their origin or of their method of
production, and regardless of whether they are
produced in facilities, in munitions or elsewhere;
“unscheduled discrete organic chemical” means any
chemical belonging to the class of chemical
compounds consisting of all compounds of carbon
except for its oxides, sulfides and metal carbonates,
identifiable by chemical name, by structural formula,
if known, and by chemical abstracts service registry
number, if assigned.
30 Chemical Weapons Convention
Act, No.58 of 2007
SCHEDULE I
(CAS registry
number)
A.Toxic chemicals:
(1) O-Alkyl (£C10, incl. cycloalkyl) Alkyl
(Me, Et, n-Pr or i-Pr)-phosphonofluoridates
e.g. Sarin : O-Isopropyl methylphosphonofluoridate (107-44-8)
Somon : O-Pinacolyl methylphosphonofluoridate (96-64-0)
(2) O-Alkyl (£C10, incl, cycloalkyl) N, N-dilkyl
(Me, Et, n-Pr or I-Pr) phosphoramidocyanidates
e.g. Tabun : O-Ethyl N,N-dimethyl
phosphoramidocyanidate (77-81-6)
(3) O-Alkyl (H or £C10, incl. cycloalkyl) S-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonothiolates and
corresponding alkylated or protonated salts
e.g. VX : O-Ethyl S-2-diisopropylaminoethyl
methyl phosphonothiolate (50782-69-9)
(4) Sulfur mustards:
2-Chloroethylchloromethylsulfide (2625-76-5)
Mustardgas : Bis(2-chloroethyl) sulfide (505-60-2)
Bis(2-chloroethylthio) methane (63869-13-6)
Sesquimustard: 1, 2-Bis(2-chloroethylthio) ethane (3563-36-8)
1,3-Bis(2-chloroethylthio)-n-propane (63905-10-2)
1,4-Bis(2-chloroethylthio)-n-butane (142868-93-7)
1,5-Bis(2-chloroethylthio)-n-pentane (142868-94-8)
Bis(2-chloroethylthiomethyl) ether (63918-90-1)
O-Mustard: Bis(2-chloroethylthioethyl) ether (63918-89-8)
(5) Lewisites:
Lewisite 1: 2-Chlorovinyldichloroarsine (541-25-3)
Lewisite 2: Bis(2-chlorovinyl)chloroarsine (40334-69-8)
Lewisite 3: Tris(2-chloroethyl)arsine (40334-70-1)
(6) Nitrogen mustards :
HNI : Bis(2-chloroethyl)ethylamine (538-07-8)
HN2 : Bis(2-chloroethyl) methylamine (51-75-2)
HN3 : Tris(2-chloroethyl) amine (555-77-1)
(7) Saxitoxin (35523-89-8)
(8) Ricin (9009-86-3)
Chemical Weapons Convention 31
Act, No.58 of 2007
B. Precursors :
(1) Alkyl (Me, Et, n-pr or i-Pr) phosphonyldifluorides
e.g. DF : Methylphosphonyldifluoride (676-99-3)
(2) O-Alkyl (H or £C10, incl. cycloalkyl) O-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethly alkyl
(Me, Et, n-Pr or i-Pr) phosphonites and
corresponding alkylated or protonated salts
e.g. QL : O-Ethyl O-2-diisopropylaminoethyl
methylphosphonite (57856-11-8)
(3) Chlorosarin:
O-Isoprophyl methylphosphonochloridate (1445-76-7)
(4) Chlorosoman:
O-Pinacolyl methylphosphonochloridate (7040-57-5)
SCHEDULE II
A. Toxic chemicals:
(1) Amtion :
O, O-Diethyl S-[2-diethylamino) ethyl]
phosphorothiolate (78-53-5)
and corresponding alkylated or protonated salts
(2) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-
l-propene (382-21-8)
(3) BZ: 3-Quinuclidinyl benzilate (*) (6581-06-2)
B. Precursors:
(1) Chemicals, except for those listed in Schedule 1,
containing a phosphorus atom to which is bonded
one methyl, ethyl or propyl (normal or iso) group
but not further carbon atoms,
e.g. Methylphosphonyl dichloride (676-97-1)
Dimethyl methylphosphonate (756-79-6)
Exemption: Fonofos: O-Ethyl S-phenyl
ethlphosphonothiolothionate (944-22-9)
(2) N, N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic
dihalides
(3) Dialkyl (Me, Et, n-Pr or i-Pr) N, N-dialkyl
(Me, Et, n-Pr or i-Pr)-phosphoramidates
(4) Arsenic trichloride (7784-34-1)
(5) 2,2-Diphenyl-2-hydroxyacetic acid (76-93-7)
32 Chemical Weapons Convention
Act, No.58 of 2007
(6) Quinuclidin-3-ol (1619-34-7)
(7) N, N-Dialkyl (Me, Et, n-Pr- or i-Pr) aminoethyl-
2-chlorides and corresponding protonated salts
(8) N, N-Dialkyl (Me, Et, n-Pr or i-Pr)
aminoethane-2-ols and corresponding
protonated salts
Exemptions: N,N-Dimethylaminoethanol (108-01-0)
and corresponding protonated salts
N,N-Diethlyaminoethanol (100-37-8)
(9) N, N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-
thiols and corresponding protonated salts
(10) Thiodiglycol: Bis(2-hydroxyethyl) sulfide (111-48-8)
(11) Pionacolyl alcohol: 3,3-Dimethylbutan-2-ol (464-07-3)
SCHEDULE III
A. Toxic Chemicals :
(1) Phosgene : Carbonyl dichloride (75-44-5)
(2) Cyanogen chloride (506-77-4)
(3) Hydrogen cyanide (74-90-8)
(4) Chloropicrin: Trichloronitromethane (76-06-2)
B. Precursors:
(1) Phosphorus oxyichloride (10025-87-3)
(2) Phosphorus trichloride (7719-12-2)
(3) Phosphorus penta chloride (10026-13-8)
(4) Trimethyl phosphite (121-45-9)
(5) Triethyl phosphite (122-52-1)
(6) Dimethly phosphite (868-85-9)
(7) Diethly phosphite (762-04-9)
(8) Sulfur monochloride (10025-67-9)
(9) Sulfur dichloride (10545-99-0)
(10) Thionyl chloride (7719-09-7)
(11) Ethyldiethanolamie (139-87-7)
(12) Methyldiethanolamine (105-59-9)
(13) Triethanolamine (102-71-6)

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