Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)NoticesConvention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their DestructionAnnex on Implementation and Verification ("Verification Annex")Part I : Definitions |
| 1. | "Approved Equipment" means the devices and instruments necessary for the performance of the inspection team's duties that have been certified by the Technical Secretariat in accordance with regulations prepared by the Technical Secretariat pursuant to Part II, paragraph 27 of this Annex. Such equipment may also refer to the administrative supplies or recording materials that would be used by the inspection team. |
| 2. | "Building" as referred to in the definition of chemical weapons production facility in Article II comprises specialized buildings and standard buildings. |
| (a) | "Specialized Building" means: |
| (i) | Any building, including underground structures, containing specialized equipment in a production or filling configuration; |
| (ii) | Any building, including underground structures, which has distinctive features which distinguish it from buildings normally used for chemical production or filling activities not prohibited under this Convention. |
| (b) | "Standard Building" means any building, including underground structures, constructed to prevailing industry standards for facilities not producing any chemical specified in Article II, paragraph 8(a)(i), or corrosive chemicals. |
| 3. | "Challenge Inspection" means the inspection of any facility or location in the territory or in any other place under the jurisdiction or control of a State Party requested by another State Party pursuant to Article IX, paragraphs 8 to 25. |
| 4. | "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 by Chemical Abstracts Service registry number, if assigned. |
| 5. | "Equipment" as referred to in the definition of chemical weapons production facility in Article II comprises specialized equipment and standard equipment. |
| (a) | "Specialized Equipment" means: |
| (i) | The main production train, including any reactor or equipment for product synthesis, separation or purification, any equipment used directly for heat transfer in the final technological stage, such as in reactors or in product separation, as well as any other equipment which has been in contact with any chemical specified in Article II, paragraph 8(a)(i), or would be in contact with such a chemical if the facility were operated; |
| (ii) | Any chemical weapon filling machines; |
| (iii) | Any other equipment specially designed, built or installed for the operation of the facility as a chemical weapons production facility, as distinct from a facility constructed according to prevailing commercial industry standards for facilities not producing any chemical specified in Article II, paragraph 8(a)(i), or corrosive chemicals, such as: equipment made of high-nickel alloys or other special corrosion-resistant material; special equipment for waste control, waste treatment, air filtering, or solvent recovery; special containment enclosures and safety shields; non-standard laboratory equipment used to analyse toxic chemicals for chemical weapons purposes; custom-designed process control panels; or dedicated spares for specialized equipment. |
| (b) | "Standard Equipment" means: |
| (i) | Production equipment which is generally used in the chemical industry and is not included in the types of specialized equipment; |
| (ii) | Other equipment commonly used in the chemical industry, such as: fire-fighting equipment; guard and security/safety surveillance equipment; medical facilities, laboratory facilities; or communications equipment. |
| 6. | "Facility" in the context of Article VI means any of the industrial sites as defined below ("plant site", "plant" and "unit"). |
| (a) | "Plant Site" (Works, Factory) means 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 centre; |
| (iv) | Utilities; |
| (v) | Central analytical laboratory; |
| (vi) | Research and development laboratories; |
| (vii) | Central effluent and waste treatment area; and |
| (viii) | Warehouse storage. |
| (b) | "Plant" (Production facility, Workshop) means a relatively self-contained area, structure or building containing one or more units with auxiliary and associated infrastructure, such as: |
| (i) | Small administrative section; |
| (ii) | Storage/handling areas for feedstock and products; |
| (iii) | Effluent/waste handling/treatment area; |
| (iv) | Control/analytical laboratory; |
| (v) | First aid service/related medical section; and |
| (vi) | Records associated with the movement into, around and from the site, of declared chemicals and their feedstock or product chemicals formed from them, as appropriate. |
| (c) | "Unit" (Production unit, Process unit) means the combination of those items of equipment, including vessels and vessel set up, necessary for the production, processing or consumption of a chemical. |
| 7. | "Facility Agreement" means an agreement or arrangement between a State Party and the Organization relating to a specific facility subject to on-site verification pursuant to Articles IV, V and VI. |
| 8. | "Host State" means the State on whose territory lie facilities or areas of another State, Party to this Convention, which are subject to inspection under this Convention. |
| 9. | "in-Country Escort" means individuals specified by the inspected State Party and, if appropriate, by the Host State, if they so wish, to accompany and assist the inspection team during the in-country period. |
| 10. | "in-Country Period" means the period from the arrival of the inspection team at a point of entry until its departure from the State at a point of entry. |
| 11. | "Initial Inspection" means the first on-site inspection of facilities to verify declarations submitted pursuant to Articles III, IV, V and VI and this Annex. |
| 12. | "Inspected State Party" means the State Party on whose territory or in any other place under its jurisdiction or control an inspection pursuant to this Convention takes place, or the State Party whose facility or area on the territory of a Host State is subject to such an inspection; it does not, however, include the State Party specified in Part II, paragraph 21 of this Annex. |
| 13. | "Inspection Assistant" means an individual designated by the Technical Secretariat as set forth in Part II, Section A, of this Annex to assist inspectors in an inspection or visit, such as medical, security and administrative personnel and interpreters. |
| 14. | "Inspection Mandate" means the instructions issued by the Director-General to the inspection team for the conduct of a particular inspection. |
| 15. | "Inspection Manual" means the compilation of additional procedures for the conduct of inspections developed by the Technical Secretariat. |
| 16. | "Inspection Site" means any facility or area at which an inspection is carried out and which is specifically defined in the respective facility agreement or inspection request or mandate or inspection request as expanded by the alternative or final perimeter. |
| 17. | "Inspection Team" means the group of inspectors and inspection assistants assigned by the Director-General to conduct a particular inspection. |
| 18. | "Inspector" means an individual designated by the Technical Secretariat according to the procedures as set forth in Part II, Section A, of this Annex, to carry out an inspection or visit in accordance with this Convention. |
| 19. | "Model Agreement" means a document specifying the general form and content for an agreement concluded between a State Party and the Organization for fulfilling the verification provisions specified in this Annex. |
| 20. | "Observer" means a representative of a requesting State Party or a third State Party to observe a challenge inspection. |
| 21. | "Perimeter" in case of challenge inspection means the external boundary of the inspection site, defined by either geographic coordinates or description on a map. |
| (a) | "Requested Perimeter" means the inspection site perimeter as specified in conformity with Part X, paragraph 8, of this Annex; |
| (b) | "Alternative Perimeter" means the inspection site perimeter as specified, alternatively to the requested perimeter, by the inspected State Party; it shall conform to the requirements specified in Part X, paragraph 17, of this Annex; |
| (c) | "Final Perimeter" means the final inspection site perimeter as agreed in negotiations between the inspection team and the inspected State Party, in accordance with Part X, paragraphs 16 to 21, of this Annex; |
| (d) | "Declared Perimeter" means the external boundary of the facility declared pursuant to Articles III, IV, V and VI. |
| 22. | "Period of Inspection", for the purposes of Article IX, means the period of time from provision of access to the inspection team to the inspection site until its departure from the inspection site, exclusive of time spent on briefings before and after the verification activities. |
| 23. | "Period of Inspection", for the purposes of Articles IV, V and VI, means the period of time from arrival of the inspection team at the inspection site until its departure from the inspection site, exclusive of time spent on briefings before and after the verification activities. |
| 24. | "Point of Entry"/"Point of Exit" means a location designated for the in-country arrival of inspection teams for inspections pursuant to this Convention or for their departure after completion of their mission. |
| 25. | "Requesting State Party" means a State Party which has requested a challenge inspection pursuant to Article IX. |
| 26. | "Tonne" means metric ton, i.e. 1,000 kg. |