1. 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, December 2012
CWC Transfer Provisions
Declarations Branch/Verification Division
ORGANISATION FOR THE PROHIBITION OF CHEMICAL WEAPONS

2. Import and Export provisions of the CWC

3. 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

4. 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. ...

5. 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

6. 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

7. 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).

8. 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

9. 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.

10. 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

11. 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)

12. Transfers to States Not Party

13. 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

14. 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

15. 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

16. 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).

17. 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

18. SOME STATISTICS

19. Quantities Imported/Exported in 2011
2.2 g
4 700 t

20. 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 and CAS RN
215
320
330
TOTAL (All S2 Chemicals)
3900 t
5200 t
4700 t

21. 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
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) t t t

22. Trade in Scheduled Chemicals in Asia

23. 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 - ~ tonnes (~35 % of world trade of S3 chemicals ( t))

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

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

26. Trade in S2 Chemicals declarad in Asia in 2011
Sched
CAS
Chemical name
Quantity
(in tonnes)
2B04
Diethyl ethylphosphonate
400
Mixture of CAS RN and CAS RN
200
Dimethyl methylphosphonate
120
2B13
Thiodiglycol
110
2B10
2-(N,N-Dimethylamino) ethylchloride hydrochloride
100
2-(N,N-Diethylamino)
ethylchloride hydrochloride 90
(5-ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan-5-yl)methyl methyl methylphosphonate 60
bis[(5-Ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan-5-yl)methyl] methylposphonate 25

27. Trade in S3 Chemicals declarad in Asia in 2011
Sched
CAS
Chemical name
Quantity
(in tonnes)
3B17
Triethanolamine
55 900
3B16
Methyldiethanolamine
25 000
3B06
Phosphorus trichloride
11 500
3B14
Thionyl chloride
5 000
3B08
Trimethyl phosphite
4 200
3B04
Chlorpicrin
2000
3B05
Phosphorus oxychloride
2 000
3B07
Phosphorus pentachloride
1 800
3B09
Triethyl phosphite
1 300
3B10
Dimethyl phosphite
1 100 27

28. Thank You
Questions?