Article VII

A third area of implementation of the CWC is the apphcation of the provisions to prevent CW prohferation. These provisions are contained in the general undertakings of the States Parties (Article I) in conjunction with the apphcable definitions (Article II), the requirement for States Parties to take the measures necessary for them to fully implement all the provisions of the Convention and to render each other legal assistance (Article VII), and the provisions on declarations, inspections and transfer prohibitions under Article VI. 

From a non-proliferation perspective, the proper functioning of national control systems for chemicals is as important as the application of international verification measures under the CWC. The CWC was designed to address state-to-state relations, and any proliferation concerns in this context need to be addressed through the provisions of Article VI (and, if need be. Article IX). But proliferation concerns relating to nonstate actors cannot easily be addressed in this manner, and the CWC relies heavily on the implementation work of the States Parties within their jurisdiction to prevent such acts of CW proliferation. It is in this context that the Review Conference called for the Action Plan on Article VII implementation. 

Conference of the States Parties, Eighth Session, decision Plan of Action Regarding the Implementation of Article VII Obhgations , document C-8/DEC.16, dated 24 October 2003. 

In particular, the requirement under Article I to destroy all chemical weapons would make such weapons less accessible to terrorist groups. The requirements of Article VII to criminalize the prohibitions of the CWC and enact effective penal legislation would reduce the possibility that a CWC State Party could inadvertently become a safe haven for those who use chemical weapons as a tool of terror, and would hence help reduce the threat posed by chemical terrorism. Likewise, the transfer (export control and monitoring) obligations under Article VI would serve to reduce the risk of diversion of toxic chemicals (either weaponized chemical weapons, precursors of military chemical agents, including those listed in the CWC Schedules, or other toxic chemicals) for terrorist uses. 

The primary CWC provision relating to national implementation is its Article VII, which provides as follows ... 

In accordance with Article VII, paragraph 1(a), each State Party is required to extend the Article I obligations that it has undertaken as a state to certain natural and legal persons. Both Australia and France have included this type of provision in the legislation implementing the CWC. 

Note by the Director-General, Report on the OPCW Plan of Action Regarding the Implementation of Article VII Obligations, C-9/DG.7, 23 November 2004 (hereinafter OPCW National Legislation Report), Annex 1. 

The categories surveyed by the OPCW are Article I prohibitions Article I penalties Eixtra-territorial application Article 11(1) penalties Schedule 1 penalties Schedule 2 penalties Schedule 3 penalties Schedule 3 EUC Penalty for failure to declare and Obstacles to Article VII(2). See OPCW National Legislation Report, Annex 3. 

Security Council Resolution 1540, adopted on 28 April 2004, confirms the connection with the OPCW s work. This has also been firmly established in the consultations of the States Parties, between the OPCW s Action Plan on Article VII of the Convention and Resolution 1540. Under the mandatory Security Council resolution, adopted under Chapter VII of the UN Charter, all UN members are required ... 

The mandatory requirement for all states to implement Security Council Resolntion 1540 is more than merely complementary to these efforts. It has added new depth and urgency to the task, and set short time frames for states to report on steps they have taken or intend to take to implement this resolution . The OPCW s Article VII Action Plan also seeks to have States Parties enact legislation, inclnding penal legislation, and adopt the administrative measures necessary to implement the CWC no later than the Tenth Session of the Conference of States Parties held in November 2005. These are ambitious targets, but the message to all states could hardly be clearer. 

The First Review Conference, held in November/December 2003, declared that Article VII of the Convention should be completely imple-... 

VI. 4 Requirements for shipped materials and articles VII LEVEL 2 TRACEABILITY ALONG THE SUPPLY CHAIN... 

Article VII (Amendments) gives each State party the right to propose amendments to the Treaty, the Protocol or the annexes to the Protocol at any time after the Treaty s entry into force. The proposed amendment requires the approval of a majority of State Parties at an amendment conference with no party casting a negative vote. 

The Federal Rules of Evidence (ERE) were adopted in 1975. Subsequently most states (at least 37) have adopted their own codified rules of evidence modeled closely on the FRE. For scientific evidence, the most relevant of the Rules are found in Article VII of the FRE in a section known as Opinions and Expert Testimony. Prior to 1993, some federal appellate courts had applied Rule 702 of the Federal Rules of Evidence to medical and scientific experts. (Rule 702 authorizes scientific testimony whenever it will assist the trier of fact to understand the evidence or to determine a fact in issue.) In 1993, in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 US 579, the Supreme Court of the United States issued an important interpretation of Rule 702. Seven of the nine justices ruled that judges must serve as evidentiary gatekeepers who determine whether proffered evidence is scientifically valid and relevant. The Court suggested several factors for judges to consider in determining whether to admit a particular theory or technique Is the theory or hypothesis testable Has it been tested Has the theory or technique been subjected to peer review and publication For a particular scientific technique or methodology, what is the known or potential rate of error What (if any) are the standards that control the technique s operation To what extent is the theory or technique generally accepted in the scientific community ... 

Article VII of the CWC sets out the obligations for each State Party in regard to national implementation measures. The first three paragraphs of Article VII state the general undertakings ... 

In addition, Article VII sets out obligations regarding the relationship between the State Party and the Organization for the Prohibition of Chemical Weapons. This includes the requirement to designate or establish a National Authority to serve as the national focal point for effective liaison with the Organization and other States Parties. 

In addition, Article X of the BWC contains the cooperation norm, which, from the point of view of some BWC states parties from the developing world represents the flip side of the deal s non-acquisition and non-transfer norms. Article VII contains the assistance norm, according to which states parties will come to each other s assistance in case of the use or threat of BW against one of them. The consultation norm is spelled out in Article V of the BWC, in which states parties agree to consult one another and to co-operate in solving any problems which may arise in relation to the objective of, or in the application of the provisions of, the Convention. ... 

Tabassi L, Dhavle A (2014) Article VII national implementation measures. In Krutzsch W, Myjer E, Trapp R (eds) The Chemical Weapons Convention—a commentary. Oxford University Press, Oxford, p 195... 

Article VII requires member nations to offer support or assistance if another member country, after appeal to the Security Council, is found to be exposed to danger as the result of a violation of the Convention. 

Paragraph 6 of Article VII of the Convention establishes the obligation on each State Party to treat as confidential and afford special handling to information and data that it receives in confidence from the Organisation in connection with the implementation of this Convention. It shall treat such information and data exclusively in connection with its rights and obligations under this Convention and in accordance with the provisions set forth in the Confidentiality Annex. ... 

A State Party s possible responsibility is to be assessed in the light of its obligations under the Convention, particularly paragraph 6 of Article VII and paragraph 4 of the Confidentiality Annex. 

Article VII, paragraph 1 of the Convention states that Each State Party shall, in accordance with its constitutional processes, adopt the necessaiy measures to implement its obligations under this Convention. ... 

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