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Arusha - Green Customs Initiative

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A delegate from Uganda noted that chemical weapons have linkage to environmental issues as<br />

well as national security and therefore wanted to know which ministries/departments which<br />

usually house National Authorities responsible for Chemical Weapons. In addition, he wanted<br />

to know whether the CWC provide standardized permit forms to each State Party. In<br />

response, Mr. Laza noted that the placement of the National Authority has much less influence<br />

on its effectiveness and general functioning. He pointed out that some countries have their<br />

National Authorities under Ministry of Defence for those handling chemical weapons, or<br />

under the Ministries of Trade/Industry/Commerce for those not handling chemical weapons,<br />

or some countries have National Committee/Commission of few experts with the opportunity<br />

to co-opt additional experts from other relevant ministries when the need arises. He was of the<br />

opinion that the last setting is more practical particularly in terms of resource requirements.<br />

With regard to provision of standard permit forms, Mr. Laza explained that the OPCW does<br />

not provide such forms; however, the Secretariat of the CWC can provide guidelines when<br />

requested.<br />

Referring to the reporting requirements by the CWC, a delegate from Kenya wanted to know<br />

whether a company handling chemical weapons is required to report directly to the Secretariat<br />

of the CWC. Mr. Laza explained that with reference to the Convention, companies are<br />

required to report to the National Authority which will then transmit the information to the<br />

Secretariat of the CWC.<br />

A delegate from Kenya asked on what punitive measures are imposed onto a State Party that<br />

is non-compliant to the CWC. Mr. Laza informed that compliance has different levels<br />

including typos, unintentional wrong declaration, and technical breaches or at times could<br />

involve exportation of chemical weapons from non-Parties. In addition, he pointed out that at<br />

times States do not intentionally breach the Convention but rather individual companies.<br />

However, he indicated that if a State Party is established to be breaching the Convention, the<br />

matter will be reported to the Executive Council of the Convention, then transmitted to the<br />

Conference of the Parties and finally to the United Nations Security Council for guidance and<br />

final decision.<br />

<strong>Customs</strong> Related Issues<br />

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

based in Hague, the Netherlands highlighted on the key roles of <strong>Customs</strong> Officer in the<br />

implementation of the Chemical Weapons Convention (CWC). He underscored the fact that<br />

<strong>Customs</strong> Officers are in a unique position to detect illegal trafficking in chemical weapons<br />

(CW) at borders. He noted that with faster and free trade, there are a few opportunities for<br />

meaningful inspection of goods. He said that it is estimated that less than 2% of imported<br />

cargo is inspected in many ports and borders. Moreover, <strong>Customs</strong> Officers are charged with<br />

enforcing many laws regulating trade and have focused their resources on illegal narcotics and<br />

goods that produce revenue through tariffs and security threats. In this regard, he stressed that<br />

training <strong>Customs</strong> Officers in how to recognize and respond to illegal shipment of CW is<br />

critical for the implementation of the CWC and for the national implementation of the<br />

Convention.<br />

Mr. Laza informed that the CWC Contains no overt <strong>Customs</strong> requirements, but State Parties<br />

are obliged to: prevent shipments of Schedule 1 chemicals to non-States Parties and to third<br />

States; report shipment of Schedule 1 chemicals in declarations; prevent shipments of<br />

Schedule 2 chemicals above specified concentration limits to non-States Parties; prevent<br />

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