{ "id": "zw-1998-9", "type": "statute", "title": "Chemical Weapons (Prohibition) Act", "title_en": "Chemical Weapons (Prohibition) Act", "short_name": "zw-1998-9", "status": "in_force", "issued_date": "1998-01-01", "in_force_date": "1998-01-01", "url": "https://zimlii.org/akn/zw/act/1998/9/eng@2016-12-31", "provisions": [ { "provision_ref": "s1", "section": "1", "title": "Short title", "content": "1. Short title This Act may be cited as the Chemical Weapons (Prohibition) Act [Chapter 11:18] ." }, { "provision_ref": "s2", "section": "2", "title": "Interpretation", "content": "2. Interpretation (1) In this Act— \" Convention \" means the Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction signed at Paris, on the 13th January, 1993, including the Annexes thereto, the text of which is set out in the Schedule; \" facility agreement \" means a facility agreement referred to in Part III of the Verification Annex ; \" inspector \" means a person designated by the Technical Secretariat in terms of the Verification Annex to carry out an inspection or visit in accordance with the Convention ; \" Minister \" means the Minister of Defence or any other Minister to whom the President may, from time to time, assign the administration of this Act; \" observer \" means an observer as defined in Part I of the Verification Annex ; \" representative \" means— (a) a person appointed by the Secretary ; or (b) a specified police officer ; who accompanies or assists an inspector in carrying out his duties. \" Secretary \" means the Secretary of the Ministry for which the Minister is responsible. \" specified police officer \" means any member of the Police Force of or above the rank of inspector . \" Technical Secretariat \" means the Technical Secretariat established in terms of Article VII of the Convention ; \" Verification Annex \" means the Annex on Implementation and Verification in the Convention ; (2) Any expression to which a meaning has been assigned in the Convention shall bear the same meaning in this Act." }, { "provision_ref": "s3", "section": "3", "title": "Application of Act", "content": "3. Application of Act This Act shall bind the State." }, { "provision_ref": "s4", "section": "4", "title": "Convention to have force of law in Zimbabwe", "content": "4. Convention to have force of law in Zimbabwe The Convention shall have the force of law in Zimbabwe." }, { "provision_ref": "s5", "section": "5", "title": "National Authority", "content": "5. National Authority The functions of the National Authority under the Convention shall be discharged in Zimbabwe by the Secretary ." }, { "provision_ref": "s6", "section": "6", "title": "Chemical weapons", "content": "6. Chemical weapons Any person who— (a) develops, produces, acquires, stockpiles, or retains a chemical weapon; or (b) transfers, directly or indirectly, a chemical weapon to another person; or (c) uses a chemical weapon; or (d) engages in any military preparations to use a chemical weapon; or (e) in any way assists, encourages or induces any person to engage in any activity prohibited to a State Party under the Convention ; shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment. [section amended by Act 22 of 2001 ]" }, { "provision_ref": "s7", "section": "7", "title": "Riot control agents", "content": "7. Riot control agents Any person who uses riot control agents as a method of warfare shall be guilty of an offence and liable to a fine of level twelve or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. [section amended by Act 22 of 2001 ]" }, { "provision_ref": "s8", "section": "8", "title": "Toxic chemicals and precursors", "content": "8. Toxic chemicals and precursors (1) Except as may be prescribed no person shall produce, use, acquire or possess a toxic chemical or precursor listed in Schedule 1 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention . (2) Subject to any enactment relating to the import or export of goods, no person shall import or export any toxic chemical or precursor listed in Schedules 1, 2 and 3 of the Annex on Chemicals in the Convention without the authority of the Minister . (3) The Minister , in giving authority in terms of subsection (2), shall have regard to the restrictions set out in Parts VI to VIII of the Verification Annex to the Convention . (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment. [section amended by Act 22 of 2001 ]" }, { "provision_ref": "s9", "section": "9", "title": "Records and reports", "content": "9. Records and reports (1) Every person who in accordance with this Act— (a) produces, uses, acquires or possesses a toxic chemical; (b) produces, possesses, consumes, exports or imports a toxic chemical or precursor listed in Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention ; or (c) produces, exports or imports a toxic chemical or precursor listed in Schedule 3 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention : or (d) produces a discrete organic chemical; or (e) holds a riot control agent for riot control purposes; shall— (i) submit reports thereon to the Secretary in such form and manner and at such intervals as may be prescribed; (ii) keep and maintain at his place of business, or at such other place as the Secretary may appoint, such documents and records relating to the chemicals, the nature of business and the purpose to which the chemicals are put as may be prescribed. (2) Any person who contravenes subsection (i) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [section amended by Act 22 of 2001 ]" }, { "provision_ref": "s10", "section": "10", "title": "Inspections", "content": "10. Inspections (1) Subject to this section an inspector shall, for the purposes of enforcing the Convention , have power at all reasonable times to enter any place in Zimbabwe— (a) where chemical weapons toxic chemicals or precursors are on reasonable grounds believed or suspected to be developed, produced or kept; (b) in respect of which a report has been submitted in terms of section eight; or (c) that is subject to an on-site challenge inspection referred to in paragraph 8 of Article IX of the Convention ; or (d) in respect of which an investigation under paragraph 9 of Article X of the Convention has been initiated; to inspect the place in a manner consistent with the Convention and any facility agreement applicable to the place. (2) Subsection (1) shall not be construed as authorizing the inspector or any other person to enter or search any premises without the consent of the owner or occupier of the premises unless there are reasonable grounds for believing that such entry or search is necessary for the prevention, investigation or detection of an offence under this Act. (3) Where appropriate, an inspector may install, use and maintain in respect of any place, monitoring instruments, systems and seals in a manner consistent with the Convention or any facility agreement applicable to the place. (4) While carrying out a challenge inspection, an inspector may be accompanied by an observer for the purposes of giving effect to paragraph 12 of Article IX of the Convention . (5) In order to facilitate inspections, an inspector may be accompanied by a representative . (6) All books, records and documents required to be kept by any person under this Act shall be open to inspection by an inspector and the persons referred to in subsection (5). (7) An inspector may seize and remove— (a) any chemical weapon, toxic chemical or precursor which he has reasonable grounds to suspect is being developed, produced or stockpiled in contravention of this Act; and (b) any book, account or document relating to any chemical weapon, toxic chemical or precursor referred to in paragraph (a): Provided that nothing seized in terms of this subsection shall be retained for longer than is necessary for the purposes of any trial or investigation in relation thereto. (8) The Secretary shall cause every inspector and every person authorized to accompany the inspector , to be issued with a badge of office or card or other form of identity identifying the person by name and indicating the person’s status and authority to conduct inspections. (9) Every inspector and every person authorized to accompany an inspector shall, whilst on duty, wear the badge of office or carry the card or other form of identity as the case may be, issued to him in terms of subsection (7). (10) The Minister may, by notice in writing, issue directions to any person for the purpose of facilitating an inspection under the Convention . (11) If any person wilfully delays or obstructs an inspector in the exercise of his functions and powers under this Act, or refuses to allow any sample to be taken or any devices to be installed, or fails without reasonable excuse to give information which he is duly required under this section to give, he shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. [section amended by Act 22 of 2001 ]" }, { "provision_ref": "s11", "section": "11", "title": "Regulations", "content": "11. Regulations (1) The Minister may by regulation provide for all matters which by this Act are required or are permitted to be prescribed or which, in his opinion, are necessary or convenient to be provided for in order to carry out or give effect to this Act and the Convention . (2) Regulations in terms of subsection (1) may provide for— (a) conditions under which toxic chemicals or precursors listed in Schedule 1 in the Annex on Chemicals in the Convention may be produced, used, acquired or possessed. (b) procedures to be followed by representatives in exercising their functions under this Act. (3) Regulations in terms of subsection (1) may provide for penalties for any contravention thereof, but no such penalty shall exceed a fine of level six or imprisonment for a period exceeding one year. [section amended by Act 22 of 2001 ] Schedule (Section 20 Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction (Corrected version) (Corrected version in accordance with Depositary Notification C.N.246.1994.TREATIES-5 and the corresponding Procès-Verbal of Rectification of the Original of the Convention, issued on 8 August 1994) Preamble The State Parties to this Convention, Determined to act with a view to achieving effective progress towards general and complete disarmament under strict and effective international control, including the prohibition and elimination of all types of weapons of mass destruction, Desiring to contribute to the realization of the purposes and principles of the Charter of the United Nations, Recalling that the General Assembly of the United Nations has repeatedly condemned all actions contrary to the principles and objectives of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925 (the Geneva Protocol of 1925), Recognizing that this Convention reaffirms principles and objectives of and obligations assumed under the Geneva Protocol of 1925, and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction signed at London, Moscow and Washington on 10 April 1972, Bearing in mind the objective contained in Article IX of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, Determined for the sake of all mankind, to exclude completely the possibility of the use of chemical weapons, through the implementation of the provisions of this Convention, thereby complementing the obligations assumed under the Geneva Protocol of 1925, Recognizing the prohibition, embodied in the pertinent agreements and relevant principles of international law, of the use of herbicides as a method of warfare, Considering that achievements in the field of chemistry should be used exclusively for the benefit of mankind, Desiring to promote free trade in chemicals as well as international cooperation and exchange of scientific and technical information in the field of chemical activities for purposes not prohibited under this Convention in order to enhance the economic and technological development of all State Parties, Convinced that the complete and effective prohibition of the development, production, acquisition, stockpiling, retention, transfer and use of chemical weapons, and their destruction, represent a necessary step towards the achievement of these common objectives, Have agreed as follows: Article I – General obligations 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; (c) To engage in any military preparations to use chemical weapons; (d) To assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention. 2. Each State Party undertakes to destroy chemical weapons it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention. 3. Each State Party undertakes to destroy all chemical weapons it abandoned on the territory of another State Party, in accordance with the provisions of this Convention. 4. Each State Party undertakes to destroy any chemical weapons production facilities it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention. 5. Each State Party undertakes not to use riot control agents as a method of warfare. Article II – Definitions and criteria For the purposes of this Convention: 1. \"Chemical Weapons\" means the following, together or separately: (a) Toxic chemicals and their precursors, except where intended for purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purposes; (b) Munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (a), which would be released as a result of the employment of such munitions and devices; (c) Any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (b). 2. \"Toxic Chemical\" means: Any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere. (For the purpose of implementing this Convention, toxic chemicals which have been identified for the application of verification measures are listed in Schedules contained in the Annex on Chemicals.) 3. \"Precursor\" means: Any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. This includes any key component of a binary or multicomponent chemical system. (For the purpose of implementing this Convention, precursors which have been identified for the application of verification measures are listed in Schedules contained in the Annex on Chemicals.) 4. \"Key Component of Binary or Multicomponent Chemical Systems\" (hereinafter referred to as \"key component\") means: The precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system. 5. \"Old Chemical Weapons\" means— (a) Chemical weapons which were produced before 1925; or (b) Chemical weapons produced in the period between 1925 and 1946 that have deteriorated to such extent that they can no longer be used as chemical weapons. 6. \"Abandoned Chemical Weapons\" means: Chemical weapons, including old chemical weapons, abandoned by a State after 1 January 1925 on the territory of another State without the consent of the latter. 7. \"Riot Control Agent\" means: Any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure. 8. \"Chemical Weapons Production Facility\": (a) Means any equipment, as well as any building housing such equipment, that was designed, constructed or used at any time since 1 January 1946: (i) As part of the stage in the production of chemicals (\"final technological stage\") where the material flows would contain, when the equipment is in operation: (1) Any chemical listed in Schedule 1 in the Annex on Chemicals; or (2) Any other chemical that has no use, above 1 tonne per year on the territory of a State Party or in any ot" } ], "definitions": [ { "term": "Convention", "definition": "means the Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction signed at Paris, on the 13th January, 1993, including the Annexes thereto, the text of which is set out in the Schedule", "source_provision": "s2" }, { "term": "facility agreement", "definition": "means a facility agreement referred to in Part III of the Verification Annex", "source_provision": "s2" }, { "term": "inspector", "definition": "means a person designated by the Technical Secretariat in terms of the Verification Annex to carry out an inspection or visit in accordance with the Convention", "source_provision": "s2" }, { "term": "Minister", "definition": "means the Minister of Defence or any other Minister to whom the President may, from time to time, assign the administration of this Act", "source_provision": "s2" }, { "term": "observer", "definition": "means an observer as defined in Part I of the Verification Annex", "source_provision": "s2" }, { "term": "Secretary", "definition": "means the Secretary of the Ministry for which the Minister is responsible", "source_provision": "s2" }, { "term": "specified police officer", "definition": "means any member of the Police Force of or above the rank of inspector", "source_provision": "s2" }, { "term": "Technical Secretariat", "definition": "means the Technical Secretariat established in terms of Article VII of the Convention", "source_provision": "s2" }, { "term": "representative", "definition": "means— (a) a person appointed by the Secretary ; or (b) a specified police officer ; who accompanies or assists an inspector in carrying out his duties", "source_provision": "s2" } ] }