CHEMICAL WEAPONS CONVENTION ACT 2005

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 641 CHEMICAL WEAPONS CONVENTIONS ACT 2005 As at 1 November 2021 2 CHEMICAL WEAPONS CONVENTIONS ACT 2005 … … … 9 June 2005 Date of publication in the Gazette ... … … 16 June 2005 Latest amendment made by P.U. (A) 115/2021 which came into operation on … … … … … 17 March 2021 Date of Royal Assent ... ... 3 LAWS OF MALAYSIA Act 641 CHEMICAL WEAPONS CONVENTION ACT 2005 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Application of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction 3. Interpretation 4. Prevailing law 5. National Inspector PART II THE NATIONAL AUTHORITY 6. The National Authority 7. Functions and powers of the National Authority 8. Committees of the National Authority 9. Delegation of functions and powers 10. Power of the Minister to issue directions 11. Chairman of the National Authority 12. Temporary Chairman 13. Meetings of the National Authority 4 Laws of Malaysia ACT 641 Section 14. The National Authority may invite others to meetings 15. Secretary to the National Authority 16. Provision of facilities by Ministry 17. Rules for regulating meetings and proceedings PART III PROHIBITION OF CHEMICAL WEAPONS AND RIOT CONTROL AGENTS 18. Prohibition 19. Riot control agents PART IV TOXIC CHEMICALS Chapter 1 – Permitted Activities 20. Activities for purposes not prohibited under the Convention Chapter 2 – Regime For Toxic Chemicals Listed In Schedule 1 21. Prohibition and exceptions 22. Existing activity 23. Application for authorization 24. Power to issue or refuse authorization 25. Withdrawal of authorization 26. Appeal against the decision of the National Authority 27. Transfer 28. Declaration 29. Changes to a facility 30. Maintenance of documents and register Chemical Weapons Convention 5 Chapter 3 – Regime For Toxic Chemicals Listed In Schedules 2 And 3 Section 31. Declaration 32. Export or import of toxic chemicals in Schedule 2 33. Export or import of toxic chemicals in Schedule 3 34. Changes to a facility 35. Maintenance of documents and register Chapter 4 – Regime For Discrete Organic Chemicals 36. Declaration 37. Maintenance of documents and register PART V INTERNATIONAL INSPECTION 38. International Inspector 39. Inspection 40. Powers of National Authority members in relation to inspection by International Inspector 41. Warrant for inspection 42. Use of force PART VI ENFORCEMENT 43. Power of enforcement 44. Power of investigation 45. Search and seizure without warrant 46. Access to computerized data 6 Laws of Malaysia Section 47. Forfeiture of chemical weapons, etc. 48. Cost of holding chemical weapons, etc., seized 49. No costs or damages arising from seizure to be recoverable 50. Protection of informers PART VII MISCELLANEOUS 51. Notice for disclosure of information 52. Information is privileged and confidential 53. Protection of officers 54. Institution of prosecution 55. Obstruction 56. Offences with respect to information 57. Power to amend Schedule 58. General penalty 59. Offences by body corporate 60. Offences by employee or agent 61. Offences outside Malaysia 62. Regulations SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 ACT 641 7 LAWS OF MALAYSIA Act 641 CHEMICAL WEAPONS CONVENTION ACT 2005 An Act to implement the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, and to provide for other matters connected therewith. [1 September 2006, P.U. (B) 231/2006] WHEREAS the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction was signed in Paris on 13 January 1993: AND WHEREAS Malaysia deposited her instrument of ratification on 20 April 2000 and therefore in accordance with Article XXI of the Convention, the said Convention entered into force as far as Malaysia is concerned on 20 May 2000: NOW THEREFORE IT IS ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Chemical Weapons Convention Act 2005. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. 8 Laws of Malaysia ACT 641 Application of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction 2. The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction shall have the force of law in Malaysia and for that purpose be construed in accordance with the provisions of this Act. Interpretation 3. In this Act, unless the context otherwise requires— “riot control agent” means any chemical not listed in Schedule 1, 2 or 3 which can produce rapidly in humans sensory irritations or disabling physical effects which disappear within a short time following termination of exposure; “this Act” includes any subsidiary legislation made under this Act; “member” means any member of the National Authority appointed under subsection 6(2); “discrete organic chemical” means any chemical belonging to the class of chemical compounds consisting of all compounds of carbon, except for its oxides, sulfides and metal carbonates, identifiable by chemical name, by structural formula, if known, and Chemical Abstracts Service registry number, if assigned; “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, and includes precursors of toxic chemicals; “prescribed” means prescribed by the Minister by regulations; “International Inspector” means a person who holds a certificate issued by the Minister under subsection 38(2); Chemical Weapons Convention 9 “National Inspector” means a person who is appointed by the Minister under subsection 5(1); “facility” means any industrial site which comprises any of the following: (a) any works or factory (“plant site”) which is the local integration of one or more plants with any intermediate administrative levels, which are under one operational control, and includes common infrastructure, such as— (i) administration and other offices; (ii) repair and maintenance shops; (iii) medical centres; (iv) utilities; (v) central analytical laboratories; (vi) research and development laboratories; (vii) central effluent and waste treatment areas; and (viii) warehouse storage areas; (b) any production facility or workshop (“plant”) which is a relatively self-contained area, structure or building containing one or more units with auxiliary and associated infrastructure, such as— (i) a small administrative section; (ii) storage or handling areas for feedstock and products; (iii) an effluent or waste handling or treatment area; (iv) a control or analytical laboratory; 10 Laws of Malaysia ACT 641 (v) a first aid service section or a related medical section; and (vi) records associated with the movement into, around and from the site, of declared chemicals and feedstock or products formed from them, as appropriate; (c) any production unit or process unit (“unit”) which is the combination of items of equipment, including vessels and vessel set up, necessary for the production, processing or consumption of a chemical; “Convention” means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; “Minister”, unless otherwise expressly stated, means the Minister charged with the responsibility for foreign affairs; “observer” means a representative of a requesting State Party to the Convention or a third State Party to the Convention present in Malaysia to observe a challenge inspection; “challenge inspection” means the inspection of any facility or location in Malaysia or in any other place under the jurisdiction or control of Malaysia requested by another State Party pursuant to paragraphs 8 to 25 of Article IX of the Convention; “conveyance” includes any ship, train, vehicle and aircraft and any other means of transport by which persons or goods can be carried; “Chairman” means the Chairman of the National Authority as specified under paragraph 6(2)(a); “Organization” means the Organization for the Prohibition of Chemical Weapons established pursuant to Article VIII of the Convention; “National Authority” means the National Authority established under subsection 6(1); Chemical Weapons Convention 11 “precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical, including any key component of a binary or multi-component chemical system; “chemical weapon” means the following, together or separately: (a) toxic chemicals, except where intended for purposes not prohibited under the 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 the toxic chemicals specified in paragraph (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 the munitions and devices specified in paragraph (b); “purposes not prohibited under the Convention” means— (a) industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes; (b) protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons; (c) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; (d) law enforcement, including domestic riot control purposes. 12 Laws of Malaysia ACT 641 Prevailing law 4. (1) The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other written law relating to chemical weapons, riot control agents, toxic chemicals intended for purposes which are not prohibited, and discrete organic chemicals. (2) In the event of any conflict or inconsistency between the provisions of this Act and those of any other written law pertaining to chemical weapons, riot control agents, toxic chemicals intended for purposes which are not prohibited and discrete organic chemicals, the provisions of this Act shall prevail and the conflicting or inconsistent provisions of such other written law shall, to the extent of the conflict or inconsistency, be deemed to be superseded. National Inspector 5. (1) The Minister may appoint, from amongst public officers, National Inspectors and other officers as may be necessary for the purposes of this Act. (2) The National Inspectors shall, subject to the general direction and control of the Minister, perform the functions and duties imposed upon them by this Act and may exercise the powers conferred upon them under this Act. (3) The Minister shall issue to each of the National Inspectors and other officers appointed under subsection (1) an authority card for the purposes of the performance of his functions and duties and the exercise of his powers under this Act. (4) All National Inspectors and other officers appointed under subsection (1) are deemed to be public servants within the meaning of the Penal Code [Act 574]. Chemical Weapons Convention 13 PART II THE NATIONAL AUTHORITY The National Authority 6. (1) There shall be established for the purposes of this Act a body to be known as the National Authority. (2) The National Authority shall consist of the following members: (a) a Chairman, to be appoi