Third Regional Meeting of National Authorities of States Parties to the Chemical Weapons Convention (CWC) in Eastern Eur

1. Third Regional Meeting of National Authorities of States Parties to the Chemical Weapons Convention (CWC) in Eastern Europe: Bucharest, 17-19 May 2004

2. Article VI Implementation Assistance Program (IAP) for National Authorities Lucian Ivan – ANCEX Senior Advisor Brandon Williams – U.S. Delegation

3. Article VII Implementation • 8th Conference of States Parties (8th CSP) • Established November 2005 (10th CSP) as deadline for compliance with Article VII • “Plan of Action Regarding the Implementation of Article VII Obligations” (C-8/DEC.16) • Emphasizes assistance and cooperation • Between Technical Secretariat and States Parties • Between States Parties • Types of assistance left unspecified

4. Article VI Assistance Initiative • Romanian proposed initiative • Seeks to enhance National Authority capabilities • Technical Secretariat (TS) in best position to assist with various legal systems, deciphering treaty language and explaining obligations • States Parties experienced in implementation (i.e., the “how to” of applicability, outreach, training, transfers, declarations, and inspection management)

5. What is IAP? • Implementation Assistance Program (IAP) for National Authorities • Focus on how to implement CWC Article VI • “Off-the-shelf” reference tool to be used by CWC officials in capitals • Will draw upon experience of similar assistance-oriented programs

6. Objectives • Describe the scope and content of IAP • Presentation and discussions • Seek feedback • Would this information add any value to Technical Secretariat/other efforts? • Would this information meet your needs? • Welcome additional comments to IAP questionnaire • If agreed, plan to make IAP available to National Authorities in the near future

7. Scope of CWC • National commitment paramount • General purpose criterion • Toxic chemicals and precursors • Prohibited purposes • Required controls • Obligations expressis verbis in CWC • Controls implied as direct consequence of CWC

8. Article VI General Requirements • Adopt necessary measures to ensure chemicals are only produced, used, or transferred for non-prohibited purposes • Data monitoring and verification for scheduled chemicals and other chemical production facilities (OCPFs) • Import and export requirements • Compliance measures

9. Elements of IAP • Core elements • National infrastructure and expertise • Government training tools and reference materials • Compliance Management • Import/export management (e.g., Transfer Monitoring System) • Declarations (e.g., Declarations Compliance Program) • National Outreach Program • Identification of activities and entities subject to CWC • Coordination with entities subject to CWC

10. Additional Elements of IAP • Other elements based on need and interest • Designating and administering a National Authority • Technical and personnel requirements • Legislation, regulatory and enforcement assistance • Inspection management • Procedures for hosting an inspection • Records handling

11. National Infrastructure and Expertise • Obligations expressis verbis • Art. VII requires establishment of a National Authority • IAP Treaty and industry familiarization tools • Briefings, guides and booklets designed for both technical and non-technical government personnel • Cover treaty and industry issues, including: • Four categories under Article VI for data monitoring and on-site verification • Schedule 1, Schedule 2, Schedule 3, Other Chemical Production Facilities (OCPFs) • Dual-use scheduled chemicals and precursors • Implications of data and on-site verification

12. Compliance Management • Transfer requirements • Obligations expressis verbis • No Schedule 1 or 2 exports to or imports from States not Party to the CWC • Advanced notification required for all Schedule 1 exports and imports; no retransfers • No Schedule 3 exports to States not Party to the CWC without receipt of an end-use certificate (EUC)

13. Compliance Management • Transfer Monitoring System • Implied requirements • Implement legislation and regulatory guidance • Create tools for industry compliance • Determine whether a chemical is subject to CWC • Develop an outreach program • Develop procedures for collecting industry data • Develop declaration forms for industry • Develop aggregate national data (AND) declarations • Develop industry compliance procedures • Establish authority for violations and penalties • IAP will include reference tools to address implied requirements (e.g., chemical classification databases)

14. Compliance Management • Declarations Compliance • Obligations expressis verbis • Article VI, Verification Annex Parts 6, 7, 8, and 9 • Establish a regime to compel submission of timely declarations and monitor production of certain scheduled and non-scheduled chemicals • Approval of individual activities • Approval of activities by general policy statements • Establish enforcement authority for violations and penalties

15. Compliance Management • Declaration Compliance • Implied requirements • Mechanism for industry submissions • Industry outreach • Procedures for data collection and archival • Defining declaration thresholds • Defining thresholds for mixtures • Identifying exemptions to declaration requirements • IAP will include reference tools to address implied requirements (e.g., declaration forms, CTFS read/write tool, and information regarding thresholds, mixtures and exemptions for consideration)

16. National Outreach Program • Identification of activities and entities subject to CWC • Determine types of facilities involved • Reference tools and documentation to understand general commercial uses of scheduled and discrete organic chemicals • Develop an outreach plan to ensure potentially affected entities understand CWC requirements • Coordinate with industry organizations • Develop educational brochures and “how to” guides • Technical reference tools • Publication of industry notices and requirements • “Off-the-shelf” seminar briefings and documentation • Designed for integration with Technical Secretariat assistance

17. The National Agency for Export Controls Palatul Parlamentului Calea 13 Septembrie nr. 1-3, Corp A1, Sector 5 Bucharest Tel: +40 21 311 2083 Fax: +40 21 311 1265 Email: ancex@ancex.ro US CWC National Authority Bureau of Arms Control US Department of State 2201 C Street, N.W. Washington, DC 20520 Tel: +1 703 235 1204 Fax: +1 703 235 1202 Email: NACS@cwc.gov Points of Contact Information