Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 1993)DeclarationsDeclaration of certain Chemical Goods as Controlled Goods and Control Measures applicable to such Goods5 - 8. Control Thresholds |
| 5. | The control thresholds of controlled goods for the purposes of declarations shall be as follows: |
(1)
| (a) | All quantities of the toxic chemicals and precursors listed in Annexure A, whether in substantially pure form or in a mixture with any other substance; |
| (b) | an aggregate quantity per calendar year of— |
| (i) | the toxic chemical BZ listed in Annexure B greater than or equal to 10 grams, whether in substantially pure form or in a mixture with any other substance in a concentration greater than or equal to one per cent by weight; |
| (ii) | the toxic chemicals Amiton and PFIB listed in Annexure B greater than or equal to one kilogram, whether in substantially pure form or in a mixture with any other substance in a concentration greater than or equal to one per cent by weight; or |
| (iii) | the precursors listed in Annexure B greater than or equal to 10 kilograms, whether in substantially pure form or in a mixture with any other substance in a concentration greater than or equal to 30 per cent by weight; |
| (c) | an aggregate quantity per calendar year of the toxic chemicals and precursors listed in Annexure C greater than or equal to 100 kilograms, whether in substantially pure form or in a mixture with any other substance in a concentration greater than or equal to 30 per cent by weight; |
| (d) | an aggregate quantity per calendar year of all discrete organic chemicals or their salts produced within a chemical plant site greater than or equal to 100 metric tonnes in substantially pure form; |
| (e) | an aggregate quantity per calendar year of all PSF discrete organic chemicals or their salts produced within a chemical facility greater than or equal to 15 metric tonnes in substantially pure form; |
| (f) | an aggregate quantity per calendar year of the toxic chemicals listed in Annexure D greater than or equal to one metric tonne, whether in substantially pure form or in a mixture with any other substance in a concentration greater than or equal to 30 per cent by weight; |
| (g) | an aggregate quantity per calendar year of the riot control agents listed in Annexure E greater than or equal to 100 kilograms, whether in substantially pure form or in a mixture with any other substance, except in products identified as consumer goods packaged for retail sale for personal use or packaged for individual use; and |
| (h) | any quantity per calendar year of the antiplant agents listed in Annexure F, whether in substantially pure form or in a mixture with any other substance. |
| (2) | For the purposes of subparagraphs (1) (a), (b) and (c), all threshold quantities shall include quantities of controlled chemicals generated as by-products or as components of waste or effluent streams in a chemical production process. |
| 6. | The control thresholds of controlled goods for the purposes of transfers shall be as follows: |
| (a) | All quantities of the toxic chemicals and precursors listed in Annexure A, whether in substantially pure form or in a mixture with any other substance; |
| (b) | All quantities of toxic chemicals and precursors listed in Annexure B. |
Note:
The toxic chemical BZ listed in Annexure B whether in substantially pure form or in a mixture with any other substance in a concentration greater than or equal to one per cent by weight;
| (i) | The toxic chemicals Amiton and PFIB listed in Annexure B whether in substantially pure form or in a mixture with any other substance in a concentration greater than or equal to one per cent by weight; or |
| (ii) | The precursors listed in Annexure B whether in substantially pure form or in a mixture with any other substance in a concentration greater than or equal to 30 per cent by weight; |
| (c) | an aggregate of the toxic chemicals and precursors listed in Annexure C greater than or equal to 25 kilograms per calendar year, whether in substantially pure form or in a mixture with any other substance in a concentration greater than or equal to 30 per cent by weight; |
Note:
| (i) | Transfers below 25 kilograms do not require a permit; however, they are subject to notification requirements to the Council within 21 calendar days of such transfer. |
| (d) | an aggregate quantity of the toxic chemicals listed in Annexure D greater than or equal to 100 kilograms per calendar year, whether in substantially pure form or in a mixture with any other substance in a concentration greater than or equal to 30 per cent by weight; |
| (e) | any quantity of the riot control agents listed in Annexure E, whether in substantially pure form or in a mixture with any other substance, except in products identified as consumer goods packaged for retail sale for personal use or packaged for individual use. |
Note:
| (i) | Riot control agents packaged as consumer products for personal and individual use but used for riot control purposes by policing or security are not exempted; and |
| (f) | any quantity of the antiplant agents listed in Annexure F, whether in substantially pure form or in a mixture with any other substance. |
| 7. | Products containing chemicals listed in Annexure B may be exported to countries that are not States Parties to the Chemical Weapons Convention: Provided that the said products contain— |
| (a) | one per cent or less of the toxic chemicals listed in Annexure B; or |
| (b) | 10 per cent or less of the precursors listed in Annexure B; and |
| (c) | are identified as consumer goods packaged for retail sale for personal use or packaged for individual use. |
| 8. | Products containing chemicals listed in Annexure C may be exported without a permit to countries that are not States Parties to the Chemical Weapons Convention: Provided that the said products contain less than 30 per cent of a chemical listed in Annexure C and are identified as consumer goods packaged for retail sale for personal use or packaged for individual use. |