CWC Transfer Provisions REGIONAL TRAINING COURSE FOR CUSTOMS AUTHORITIES OF STATES PARTIES IN ASIA ON TECHNICAL ASPECTS OF THE TRANSFERS REGIME OF THE CHEMICAL WEAPONS CONVENTION New Delhi, India, 10-13 December 2012 CWC Transfer Provisions Declarations Branch/Verification Division ORGANISATION FOR THE PROHIBITION OF CHEMICAL WEAPONS

Import and Export provisions of the CWC

By the end of this session participants would: Objectives By the end of this session participants would: Be acquainted with CWC notification and reporting requirements for imports and exports of scheduled chemicals Be aware of restrictions on trade in scheduled chemicals with States not Party to CWC Be familiar with statistics of trade in scheduled chemicals in Asia Note - you will need these provisions and guidelines in the exercises to come

Article I Prohibitions 1. Each State Party to this Convention undertakes never under any circumstances: (a) To develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone; (b) To use chemical weapons; To engage in any military preparations to use chemical weapons; To assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention. ...

General Schedule 1 Provisions Shall not produce, acquire, retain, transfer or use S1 chemicals unless: for research, medical, pharmaceutical or protective purposes only types and quantities are strictly limited to those justified for that purposes max aggregate of 1 tonne of all S1 chemicals stored at any time in State Party or acquired in any 1 year

S1 Transfer Provisions A state party may transfer schedule 1 chemicals outside its territory only to another state party and only for research, medical, pharmaceutical or protective purposes S1 chemicals transferred shall not be retransferred to a third state

S1 Transfer Provisions (cont.) Both States Parties shall notify Technical Secretariat 30 days before transfer exemption for 5mg or less of Saxitoxin for medical/diagnostic purposes (test kits for Paralytic Shellfish Poisoning) – notification at time of transfer Each state party shall make a detailed annual declaration regarding transfers during the previous year. For each transfer: details of chemical, quantities, recipient and purpose (end use).

S2 Aggregate National Data Annual declaration of AND for the previous calendar year on the quantities produced, processed, consumed, imported and exported of each Schedule 2 chemical plus quantitative specification of import and export for each country involved

S3 Aggregate National Data Annual declaration of AND for the previous calendar year on the quantities produced, imported and exported of each Schedule 3 chemical plus quantitative specification of import and export for each country involved.

Guidelines for Aggregate National Data (AND) Declarations C-7/DEC Guidelines for Aggregate National Data (AND) Declarations C-7/DEC.14 dated 10 October 2002 AND shall include activity by natural and legal persons transferring a declarable chemical (includes traders – not limited to declarable plant sites) A Sch 2 and Sch 3 chemical shall be included if the total AND for the year for that activity (e.g. import or export) is more than the threshold specified in Verification Annex for that chemical 1 kg for S2A* (BZ) 100 kg for S2A 1 tonne for S2B 30 tonnes for S3 E.g. if total imports of a S2 or S3 chemical in a year for the country as a whole (not individual shipments or imports by a single company) goes above threshold must declare

Low Concentration Limits for Declarations of Schedule 2/3 Chemicals mixtures containing 30% or less of a Schedule 2B or 3 chemical are not subject to any declarations obligations (C-V/DEC.19, May 2000) More complex rules for chemicals mixtures containing Schedule 2A or 2A* chemical but for import/export, mixtures containing equal or less than 1% are not subject to any declarations obligations (C-14/DEC.4, December 2009)

Transfers to States Not Party

States Not Party to CWC (as at 30 November 2012) Rest of World Angola Egypt Somalia South Sudan Asia Israel Myanmar Democratic Peoples Republic of Korea Syria

Summary of Trade Restrictions with States Not Party Schedule 1 Total ban on transfer of any quantity to States Not Party, NO exceptions Schedule 2 Ban on transfers of any quantity to or from States Not Party with some exceptions Schedule 3 No ban currently but End Use Certificate required for transfers to States Not Party with some exceptions

S2 Transfers to States Not Party (C-V/DEC.16, May 2000) Schedule 2 chemicals shall only be transferred to or received from States Parties (as of 29 April 2000) except products containing one percent or less of a Schedule 2A or 2A* chemical; products containing 10 percent or less of a Schedule 2B chemical products identified as consumer goods packaged for retail sale for personal use or packaged for individual use

S3 Transfers to States not Party End-Use Certificate (EUC) required for transfers to States not Party from “competent government authority” in the State not Party (not importer) EUC should state for the transferred chemical: That they will only be used for purposes not prohibited under the Convention That they will not be retransferred Their types and quantities Their end-use(s) The name(s) and address(es) of the end-user(s) Additional measures possible in future (last discussed at 2nd Review Conference in April 2008 but just reaffirmed need for EUC).

S3 Transfers to States not Party NO EUC required for (C-VI/DEC.10, May 2001): Products containing 30 % or less of a Schedule 3 chemical Products identified as consumer goods packaged for retail sale for personal use, or packaged for individual use

SOME STATISTICS

Quantities Imported/Exported in 2011 2.2 g 4 700 t

Most traded Schedule 2 chemicals  Most Traded S2 Chemicals Main Uses (Commercial) 2009 (in tonnes) 2010 2011 Dimethyl methylphosphonate Flame retardant 820 1310 1300 Thiodiglycol Textile dyeing, inks, resins 750 1020 700 Diethyl ethylphosphonate 640 1000 890 2-(N,N-Diethylamino) ethylchloride hydrochloride Pharmaceuticals 480 460 470 Mixture of CAS RN 41203-81-0 and CAS RN 42595-45-9 215 320 330 TOTAL (All S2 Chemicals) 3900 t 5200 t 4700 t

Most traded Schedule 3 chemicals Most Traded S3 Chemicals Main Uses (Commercial) 2009 (in tonnes) 2010 2011 Triethanolamine Cement/concrete, cosmetics, surfactants (soaps and waxes), etc 166 400 173 900 170 000 Methyl diethanolamine Natural gas treatment 55 000 47 000 55 700 Phosphorous trichloride Chlorinating agent and precursor for many P containing chemicals 42 540 44 100 43 150 Thionyl chloride Chlorinating agent 16 700 18 550 18 360 Phosphorous oxychloride Precursor for many P containing chemicals 8 280 8 320 12 250 TOTAL (all S3 chemicals) 305 000 t 310 000 t 320 000 t

Trade in Scheduled Chemicals in Asia

Trade in Scheduled Chemicals in Asia in 2011 A number of States Parties in Asia produce small amount of Schedule 1 chemicals; only 1 transfer took place in 2011 Trade in Schedule 2 chemicals - ~ 1300 tonnes (~28 % of world trade of S2 chemicals (4 700 t)) Trade in Schedule 3 chemicals - ~ 111 200 tonnes (~35 % of world trade of S3 chemicals (320 000 t))

Schedule 2 and 3 Trade in Asia in 2011 27 States Parties in Asia reported to be involved in S2/S3 trade in 2011

Trade in Schedule Chemicals in Asia (in tonnes) Years S2 chemicals S3 chemicals 2011 1 300 111 200 2010 110 000 2009 1 000 115 000 2008 1 250 90 000 25 25 25 25

Trade in S2 Chemicals declarad in Asia in 2011 Sched CAS Chemical name Quantity (in tonnes) 2B04 78-38-6 Diethyl ethylphosphonate 400 170836-68-7 Mixture of CAS RN 41203-81-0 and CAS RN 42595-45-9 200 756-79-6 Dimethyl methylphosphonate 120 2B13 111-48-8 Thiodiglycol 110 2B10 4584-46-7 2-(N,N-Dimethylamino) ethylchloride hydrochloride 100 869-24-9 2-(N,N-Diethylamino) ethylchloride hydrochloride 90 41203-81-0 (5-ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan-5-yl)methyl methyl methylphosphonate 60 42595-45-9 bis[(5-Ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan-5-yl)methyl] methylposphonate 25

Trade in S3 Chemicals declarad in Asia in 2011 Sched CAS Chemical name Quantity (in tonnes) 3B17 102-71-6 Triethanolamine 55 900 3B16 105-59-9 Methyldiethanolamine 25 000 3B06 7719-12-2 Phosphorus trichloride 11 500 3B14 7719-09-7 Thionyl chloride 5 000 3B08 121-45-9 Trimethyl phosphite 4 200 3B04 76-06-2 Chlorpicrin 2000 3B05 10025-87-3 Phosphorus oxychloride 2 000 3B07 10026-13-8 Phosphorus pentachloride 1 800 3B09 122-52-1 Triethyl phosphite 1 300 3B10 868-85-9 Dimethyl phosphite 1 100 27

Thank You Questions?