Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 1993) Declarations Declaration of certain Chemical Goods as Controlled Goods and Control Measures applicale to such Goods 1. Definitions

 

In this Notice any word or expression to which a meaning has been assigned in the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993), or the Chemical Weapons Convention, as the case may be, shall have the meaning so assigned and, unless the context otherwise indicates—

 

"antiplant agent"

means any chemical listed in Annexure F to this Notice, which can defoliate plants or which can destroy crops or plants or which can sterilise the soil to prevent plant growth;

 

"Chemical Weapons Convention"

means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;

 

"development"

means all phases before production, and includes conceptualisation, research, analysis, testing, configuration or pilot production schemes;

 

"discrete organic chemical"

means any chemical belonging to a class of chemical compounds consisting of all compounds of carbon, except for its oxides, sulphides and metal carbides or carbonates, identifiable by chemical structure, by structural formula, if known, and by the Chemical Abstracts Service (CAS) registry number, if assigned, and not contained in the chemicals listed in Annexures A, B or C to this Notice;

 

"riot control agent"

means any toxic chemical, which is not among the toxic chemicals listed in Annexures A, B, C or D to this Notice, which can produce rapidly in humans sensory irritation or disabling physical effects, which disappear within a short time following the termination of exposure;

 

"manufacture "

in relation to a chemical, includes development and production;

 

"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;

 

"PSF discrete organic chemical"

means any discrete organic chemical containing one or more of the elements phosphorus, sulphur or fluorine;

 

"purposes not prohibited under the Chemical Weapons Convention"

means—

 

"services"

includes freight forwarding, storing and stockpiling (if not part of the manufacture and transfer processes), transporting, maintaining (repairing, overhauling, refurbishing), trading, consulting, disposing, and technical assistance;

 

"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;

 

"the Act"

means the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993);

 

"transfer"

means the change of ownership or custodianship or change in the location of controlled goods, whether or not they cross an international border; and

 

"use"

in relation to a chemical, means the depletion of reserves by adding a chemical to formulations, as a constituent in a mixture, in a scrubber of unwanted chemicals, as a starting material in a process, as a component of a reaction or as a catalyst.