Prohibited Schedule 1 chemicals

This chapter discusses the negotiation of the provisions of the CWC related to Review Conferences, and then considers the preparations for, and the conduct of, the first Review Conference (RevCon), which was convened at the headquarters of the Organisation for the Prohibition of Chemical Weapons (OPCW) in The Hague from 28 April to 9 May 2003. The outcomes of the RevCon are then considered, followed by an assessment of the potential value of the RevCon in guiding the activities of the OPCW until the next RevCon, which is scheduled to take place in 2008. 

Another national implementation issue raised was that a number of States Parties have tended to focus exclusively on specific CWC obligations, and have not developed legislation relevant to the more general requirements of the CWC, such as those in Article I, which embodies the prohibition on chemical weapons. Important in this regard is implementation of the general-purpose definition of chemical weapons, which recognizes that, in addition to the chemicals listed in the CWC Schedules, other toxic chemicals could be used as chemical weapons, either as part... 

This provision enumerates two obligations (1) that each State Party must take the measures necessary to ensure that activities relating to toxic chemicals and their precursors are conducted only for purposes not prohibited under the CWC and (2) that, as part of fulfilling this obhgation and to verify that activities are in accordance with obhgations under th[e] Convention , Scheduled chemicals, related facilities and OCPFs shall be subject to verification. 

The CWC furthermore requires States Parties to take measures to ensure that activities relating to toxic chemicals are conducted only for purposes not prohibited under the CWC. In part, this obhgation is met by the regulation of Scheduled chemicals and related facilities and of OCPFs. With regard to other toxic chemicals, however, a State Party may find that this provision requires it to enact provisions indicating the purposes for which activities involving toxic chemicals are permitted and/ or regulating toxic chemicals outside of those covered by the verification mechanisms of the CWC. 

The Scheduled Chemicals are primarily chemicals which have been used at some time or have been considered for use at some time as chemical weapons. Particular attention is given in the CWC to the verification of such chemicals. However, the designation of some chemicals in the Schedules is merely an aid to the verification of the Convention. It has to be underlined that the prohibitions in the Convention apply to all toxic chemicals as defined in Article II of the Convention and that each State Party is required to adopt the necessary measures to ensure that toxic chemicals and their precursors are only developed, produced, otherwise acquired, retained, transferred, or used... forpurposes not prohibited under this Convention. Consequently the prohibitions are all embracing and the national measures to ensure that toxic chemicals are only used for purposes not prohibited under the Convention are equally all embracing. Chemical weapons are truly totally prohibited. 

For the purpose of implementing this convention, i.e. the verifications carried out by the OPCW (Organisation for the Prohibition of Chemical Weapons), all products considered to be CWAs or precursors have been listed in three Schedules. Effectively, these lists can therefore be considered to define CWAs. Some supplementary information on these chemicals is given in 2.3. 

Finding 3-2. Neutralization of the binary precursors DF and QL is feasible but generates substantial quantities of liquid wastes that contain CWC Schedule 2 precursors subject to oversight and inspection by the Organization for the Prohibition of Chemical Weapons. Posttreatment to destroy these secondary wastes will be required. 

Organization for the Prohibition of Chemical Weapons. (1997) Annexure IV Schedules of Chemicals. 

Encourages States Parties to lend advice, upon request, to other States Parties in drafting and adopting national measures necessary to implement the Convention, inter alia to ensure that the laws reflect the comprehensive nature of the Convention by covering all activities that are to be prohibited or required in aceordance with the Convention, and that involve the use of any toxic chemicals and their precursors to cover the provision of annual declarations on past and anticipated activities to ensure the implementation of the provisions related to transfers of scheduled chemicals and to cover the annual submission of information on national... 

In relation to transfers of scheduled chemicals to or from States not Party, the First Review Conference recalled the prohibitions on any such transfers of Schedule 1 chemicals and, since 29 April 2000, of Schedule 2 chemicals. The First Review Conference urged all... 

GV-series agents are not specifically listed in the CWC, nor are they covered by the language of the general definitions. However, because of their toxicity and lack of commercial application, they would be prohibited based on the Guidelines for Schedules of Chemicals. 

Experimental design is not directly related to chemical analysis, but it is important in that it determines the number of samples for processing. This could mean that there are too many tests for the laboratory to fit into its schedule, bearing in mind that there are many other customers clamouring for laboratory services. It could also mean that the cost is prohibitive for the funds available for the project. 

On February 18, 2000, the Hillary Farias and Samantha Reed Date-Rape Prohibition Act (Public Law 106-172) made the GHB precursor GBL a List I chemical, subject to the criminal, civil, and administrative sanctions of the Controlled Substances Act. On March 13, 2000, GHB became a Schedule I controlled substance (65 FR 13235-13238), subject to the regulatory controls and the criminal, civil, and administrative sanctions of the Controlled Substances Act. Schedule I, which is the same as for heroin, LSD, and marijuana, states that the drug has no medical use and cannot be prescribed, and that the drug has a high potential for abuse. 

The foundation of the CWC s inspection activities was based around the declaration by member states of their chemical weapons capabilities and activities. Nations with chemical warfare programmes were required to declare their production, storage and destruction facilities, which would then receive top monitoring priority. Nevertheless, the CWC did allow states to maintain research programmes to ensure the integrity of defensive equipment such as gas masks and gas detectors, but these activities were also to be closely monitored since they involved work with the chemical agents listed on Schedule l.9 Otherwise, all other warfare agents, mustard gas, Lewisite, soman, sarin, tabun, VX and the capability to produce them were to be eliminated under the watchful eyes of international inspectors (Table 8.1).10 The convention thus defined chemical weapons as any toxic chemical, or its precursors, intended for purposes other than those not prohibited under this convention for... 

The definitions and criteria that determine whether a chemical falls within the scope of the CWC or not, leaves a large number of chemicals in the gray area. One example of a group of chemicals that are excluded from the OCAD on the basis of purposes not prohibited under this Convention , is given by the Riot Control Agents . There are other examples, which need to be addressed in the future to determine how they can be regulated by the CWC as these have been seen to be very useful in the verification activities of the OPCW. Efforts are underway to find a way for the inclusion in the OCAD, of chemicals that are relevant to the CWC but are not covered by the schedule list (Scientific Advisory Board (SAB) and Validation Group (VG)). 

Article II therefore uses not the degree of toxicity of a chemical as a defining criterion but instead its intended purpose ( general purpose criterion ). Any toxic or precursor chemical is regarded as a chemical weapon unless it has been developed, produced, stockpiled or used for purposes not prohibited, and only as long as types and quantities are consistent with such purposes. The definition covers all toxic or precursor chemicals if intended for CW purposes - irrespective of whether they have been listed on one of the Schedules and irrespective of their exact degree of toxicity. ... 

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 French legislation strictly regulates transfers of Schedule 1 chemicals The import, export and transit of Schedule 1 chemicals is prohibited if they are being brought from or sent to a state which is not a party to the Convention. Even where such transactions are permitted - i.e. with other States Parties they are subject to prior declaration. In addition, the French CWC Act prohibits selling and trading in Schedule 1 chemicals where such transactions involve a non-State Party, and requires authorization where the transactions involve a State Party to the Convention. ... 

The Schedule 2 and 3 transfer restrictions of the CWC are explicitly incorporated into the French CWC Act The import, export, sale of and trade in Schedule 2 chemicals brought from or sent to a state not party to the Convention are prohibited.The export of Schedule 3 chemicals to a state not Party to the CWC is subject to authorization, which will be refused if the receiving state fails to supply an end-use certificate and a certificate of non-re-export. In addition, as a catch-all, the sale and trade of Schedule 3 chemicals to states not Party to the CWC are subject to authorization. 

Despite ricin s extreme toxicity and utility as an agent of chemical/biological warfare, it is extremely difficult to limit the production of the toxin. Therefore, ricin is currently monitored as a Schedule 1 toxic chemical under the Convention on the Prohibition of the Development,... 

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