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Arusha - Green Customs Initiative

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Referring to the fact that there have been statistically considerable discrepancies in<br />

information between exporting and importing countries on chemical weapons, a delegate from<br />

Kenya asked on the measures in place to address this problem, as there may be some linkage<br />

to illegal trade. Similarly, Ms Elisabeth Mrema representing UNEP-DEC queried on the link<br />

between chemical weapons to those chemicals controlled or restricted by the chemical-related<br />

MEAs. Mr. Laza indicated that there is proposal underway to establish a common database on<br />

chemicals regulated by all MEAs and this may help address such challenges.<br />

A delegate from Tanzania wanted to know how chemical weapons are classified or included<br />

under the controlled list of chemicals under the CWC. Mr. Laza explained that the inclusion<br />

of chemicals under CWC is based on the definition of a chemical weapon provided by the<br />

Convention.<br />

A delegate from Kenya raised concerns that mislabelling is a common technique used in<br />

illegal trade, however, in most developing countries there is no readily available laboratory<br />

capacity to reconfirm the identification of suspected consignments and therefore asked for<br />

available opportunities for such assistance. Mr. Laza noted that there are considerable<br />

opportunities for assistance in chemical analysis such as laboratory personnel training and<br />

laboratory equipment exchange programme.<br />

A delegate from Tanzania was of the opinion that precursors are not chemicals weapons in<br />

themselves but can be used for production of chemicals weapons and in this regard he wanted<br />

to know measures undertaken to ensure that also precursors are well controlled. In response<br />

Mr. Laza pointed out that precursors are still considered as chemical weapons under the CWC<br />

in terms of legal definition of a chemical weapon and controlled chemicals under the<br />

schedules of the Convention which comprises precursors as well.<br />

A delegate from Kenya suggested that s comprehensive list of all countries involved in the<br />

export of chemical weapons to help <strong>Customs</strong> Officers in risk assessment. Mr. Laza pointed<br />

out that most developed countries such as USA, Germany, Switzerland, Japan, Russia,<br />

Netherlands and Finland are involved in chemical weapons related trade. However, he<br />

emphasized that knowing the countries alone might not be helpful but also third party and<br />

importing/exporting companies need to be assessed. Further, he said the Convention has<br />

established a risk assessment database but due to random inspection it becomes difficult to<br />

detect illegal movements of chemicals by readily available means.<br />

Legal Rights and Obligations of the Chemical Weapons Convention<br />

Mr. Sandor Laza representing the Organization for the Prohibition of Chemical Weapons<br />

based in Hague, the Netherlands highlighted on legal right and obligations of the State Parties<br />

under the Chemical Weapons Convention. He informed that each State Party has the right,<br />

subject to the provisions of this Convention to transfer toxic chemicals and their precursors for<br />

purposes not prohibited under this Convention. He said further that implementation of the<br />

CWC shall be undertaken in a manner which avoids hampering the economic or technologic<br />

development of State Parties and international cooperation in the field of chemical activities.<br />

Mr. Laza pointed out that Article I of the Convention prohibits development, production, or<br />

otherwise acquiring, stockpiling or retaining chemical weapons, or transfer, directly or<br />

indirectly, chemical weapons to anyone; using chemical weapons; engaging in any military<br />

preparations to use chemical weapons; assisting, encouraging or inducing, in any way, anyone<br />

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