Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 1993)RegulationsChemical Weapons Regulations, 20104. Facility agreements |
| (1) | The Council, as the national authority, shall conclude a facility agreement with the Organization for each facility contemplated in subregulation (2) (d). |
| (2) | The facility agreement contemplated in subregulation (1) shall— |
| (a) | based on a model agreement approved by the Organization; |
| (b) | enable the Council to meet the obligations set out in Section A of Part III of the Verification Annex; |
| (c) | enable inspected facilities within the Republic to be afforded the maximum possible protection with respect to their confidential business information during international inspections; and |
| (d) | cover detailed inspection procedures for— |
| (i) | each facility or location in the territory or in any other place under the jurisdiction or control of the Republic that is engaged in the production, processing or consumption of Schedule 1 chemicals; |
| (ii) | each facility or location in the territory or in any other place under the jurisdiction or control of the Republic that is engaged in the production, processing or consumption of Schedule 2 chemicals, unless the Council and the Technical Secretariat of the Organization, subsequent to an on-site inspection, agree that this is not needed; |
| (iii) | any facility or location in the territory or in any other place under the jurisdiction or control of the Republic that is engaged in the production of Schedule 3 chemicals with regard to which it is agreed between the Council and the owner or person in control of the facility that a facility agreement with the Organization should be requested in terms of paragraph 19 of Section B of Part VIII of the Verification Annex; and |
| (iv) | any facility or location in the territory or in any other place under the jurisdiction or control of the Republic that is engaged in the production of discrete organic chemicals, including those containing the elements phosphorus, sulphur or fluorine, with regard to which it is agreed between the Council and the owner or person in control of the facility that a facility agreement with the Organization should be requested in terms of paragraph 16 of Section B of Part IX of the Verification Annex. |
| (3) | The owner or person in control of the facility shall take all reasonable steps to cooperate with the Council in the conclusion of the facility agreement. |