State not Party

The First CWC Review Conference specifically recalled that there are states whose absence from the Convention has caused serious concern, and called upon all states not party to join the Convention without delay. That was in particular an address to countries in the Middle East (Israel as a signatory, Syria, Lebanon and Egypt as non-signatories) and certain parts of Asia (especially the Democratic Peoples Republic of Korea). 

The US statement also alleged that three states not party - Syria, Libya and North Korea - were developing chemical weapons. As discussed in note 121, Libya subsequently acceded to the CWC, and its CW stockpile has been declared and is currently being destroyed under OPCW verification. 

In cases where facilities or areas of an inspected State Party are located on the territory of a State not Party to this Convention, the inspected State Party shall take all necessary measures to ensure that inspections of those facilities or areas can be carried out in accordance with the provisions of this Annex. A State Party that has one or more facilities or areas on the territory of a State not Party to this Convention shall take all necessary measures to ensure acceptance by the Host State of inspectors and inspection assistants designated to that State Party. If an inspected State Party is unable to ensure access, it shall demonstrate that it took all necessary measures to ensure access. 

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. 

It should be noted, however, that Article 82 of the French CWC Act provides that, if certain offences are committed in a state not party to the Convention by a French national, French law will apply, by a waiver of the provisions of the second paragraph of Article 113-6 of the Penal Code, and the provisions of the second sentence of Article 113-8 of the Code will not apply . This provision, in effect, waives certain provisions of the French Penal Code with respect to the prosecntion of misdemeanonrs committed outside the territory of France. However, it waives these provisions only in the territory of non-States Parties to the CWC. With respect to States Parties, it can be assumed that normal French law (with its restrictions on the prosecution of misdemeanours abroad) would apply. It is unclear why France would choose this type of formulation. 

Bans and restrictions on transfers by States Parties to States not Party of the toxic chemicals and precursors listed in Schedules 1, 2 and 3 of the CWC s Annex on Chemicals are also set out in Parts VI, Vn and Vin, respectively, of the Verification Annex. Such measures can provide incentives for States not Party to join the CWC sooner rather than later, particularly as certain chemicals listed in the Schedules have many important commercial applications that are relevant to development needs. Finally, other potentially positive aspects of OPCW membership, in addition to the disarmament and non-proliferation elements of the CWC re-... 

There remain 24 UN members that are States not Party 14 in Africa and the Middle East, 4 in Asia and the Pacific Islands, and 6 in Central America and the Caribbean. Of these, 15 are signatory States that, for various reasons, have not yet ratified the treaty only 9 are nonsignatories - most of these are in the Middle East and Africa (Angola, Egypt, Iraq, Lebanon, Syria and Somalia), plus North Korea and a very few island states in the Caribbean and the Pacific. The obstacles specifically apphcable to ratification or accession by these States not Party are considered in later sections of this chapter. 

From this summary it can be seen that progress towards universality has, for the most part, been rapid and steady. However, further efforts to encourage the remaining States not Party to ratify or accede to the Convention will be more time-consuming, because many of these states have been, by definition, the most reluctant to join. The lists of States Parties and signatory and non-signatory States not Party are set out in the appendix to this chapter. 

In support of the document of planned activities, the Technical Secretariat is also requested to provide information containing up-to-date details regarding the status of States not Party vis-a-vis the Convention, their prospects for adherence, their participation in universality-related activities, any significant chemical industry and any other issues relevant to the provisions of the Convention. The Director-General will also submit to the Conference of the States Parties an annual report on the implementation of the Action Plan, and he keeps the Council regularly informed, so that the Conference and the Council may review progress and monitor its implementation effectively. ... 

It is also of some significance for universality purposes that nearly two-thirds of the States not Party to the CWC have already joined one or more of the IAEA Statute, the 1925 Geneva Protocol, the BWC and the Ottawa Convention. 

The point is that, whether most of the States not Party to the CWC will join the Convention today, tomorrow or at some time in the not too distant future, there is a current preparedness, with few exceptions, to become actively involved with multilateral WMD and disarmament-related... 

Similar considerations apply to other international organizations and regimes with comparable levels of membership to the OPCW. There are more than 120 members in common with the WTO and more than 130 in common with the ICRC s Additional Protocols I and II to the 1949 Geneva Conventions on the laws of armed conflict in the case of the WCO, the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and the 1989 Basel Convention, there are 140 members or more that are also States Parties to the CWC. Again, the majority of States not Party to the CWC have joined the treaties or constituent instruments administered by these other organizations. 

In addition, in the field of the sound management of chemicals, two very recent treaties - the Rotterdam Convention on the prior informed consent procedure, which entered into force on 24 February 2004, and the Stockholm POPs Convention, which entered into force on 17 May 2004 - have attracted the interest of large numbers of States not Party to... 

Although many difficult issues remain to be resolved in the Middle East and in Africa, no disagreement has been expressed by any State not Party in these regions with the aims and objectives of the CWC itself. The prospects for early adoption of the Convention by Angola, the Co-... 

In Central America and the Caribbean, a regional and sub-regional focus is showing results, to the point that only one State not Party remains in Central America (Honduras) and a handful of island states in the Caribbean (Antigua and Barbuda, Bahamas, Barbados, Dominican Repubhc and Haiti). Recent universality-related activities in the region have been held with the involvement of representatives from the Caribbean Community (CARICOM), the Netherlands Antilles and the Secretariat of the Organisation of Eastern Caribbean States (OECS), as well as the UN Regional Centre for Peace, Disarmament and Development, based in Lima, Peru. 

Future bilateral assistance is planned for a number of States not Party in Africa (identified from among the States not Party attending the regional workshop held in Addis Ababa in 2004), in Asia and in the Caribbean islands. All of the Pacific Island countries have also been requested to indicate their assistance needs, as part of a broader sub-regional approach to achieving universality as well as full and effective implementation of the CWC. 

Second, in relation to Schedule 3 chemicals, states parties had to decide five years after the CWC s entry into force on how to treat trade in these chemicals with non-states parties. In the end, they did not agree on any measures that would have curtailed their industry s interests or hindered S T advances. The 6th Session of the CSP merely decided to impose a requirement for end-use declarations by states not party to the CWC if the transferred chemical mixture contains 30 per cent or more of a Schedule 3 chemical.77... 

See Decision. Provisions on Transfers of Schedule 3 Chemicals to States Not Party to the Convention, OPCW Document C-VI/DEC.10, The Hague, 17 May 2001. 

Effective sanctions are provided in the Protocol to promote participation and honest compliance. The Protocol provides for trade sanctions. The objective is to encourage countries to participate in the Protocol by preventing non-participating countries from gaining competitive advantages. Each Party is prohibited from importing controlled substances from states not party to the Protocol. 

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