In force · As amended up to 2026-08
19. Each State Party shall meet the costs of destruction of chemical weapons production facilities it is obliged to destroy. It shall also meet the costs of verification under this Article unless the Executive Council decides otherwise. If the Executive Council decides to limit verification measures of the Organization pursuant to paragraph 16, the costs of complementary verification and monitoring by the Organization shall be paid in accordance with the United Nations scale of assessment, as specified in Article VIII, paragraph 7.
ARTICLE VI
ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION
CHAPTER V
INSPECTION, SEARCH, SEIZURE AND FORFEITURE
19. Power of Inspector to inspect any person or place. —(1) An Inspector may inspect—
(a) any person who is engaged in—
(i) the production, processing, acquisition, consumption, transfer, import, export or use of any Toxic Chemical or Precursor listed in any of the Schedules 1 to 3 in the Annex on Chemicals to the Convention; or
(ii) the production of any Discrete Organic Chemical including those Discrete Organic Chemicals containing elements of phosphorous, sulphur or fluorine;
(b) any place where any Chemical Weapon, Old Chemical Weapon or Abandoned Chemical Weapon is located or Chemical Weapon Production Facility exists,
for the purposes specified in the Verification Annex to the Convention.
(2) An Inspection Team may undertake a Challenge Inspection of any Facility or location pursuant to Article IX and such inspection shall be undertaken in accordance with the provisions of the Verification Annex to the Convention.
(3) The Inspection Team may, while carrying out a Challenge Inspection, be accompanied by an Observer to observe the conduct of the Challenge Inspection.
(4) An enforcement officer shall accompany the Inspector or Inspection Team to observe all verification activities carried out by the Inspector or Inspection Team and to provide the Inspector or Inspection Team, during the inspection, with such clarifications in connection with an ambiguity that may arise during an inspection as may be necessary to remove such ambiguity.
(5) Every Inspector or Inspection Team shall have—
(a) the right to interview any Facility personnel in the presence of enforcement officer for the purpose of establishing relevant facts;
1. Subs. by Act 36 of 2012, s. 4, for "No person, who after the commencement of this Act" (w.e.f. 23-11-2012).
2. Ins. by s. 4, ibid. (w.e.f. 23-11-2012).
(b) the right to request clarifications in connection with ambiguities that may arise during inspection;
(c) the right to demand production of such documentation and records which are relevant and necessary for the purpose of inspection;
(d) the right to take photographs of an object or a building located within the Inspection Site if question relating to that object or building is not resolved;
(e) the right to draw samples, perform on site analysis of such samples; and
(f) such other rights as are provided under the Convention.
19. The Conference shall be the principal organ of the Organization. It shall consider any questions, matters or issues within the scope of this Convention, including those relating to the powers and functions of the Executive Council and the Technical Secretariat. It may make recommendations and take decisions on any questions, matters or issues related to this Convention raised by a State Party or brought to its attention by the Executive Council.
(6) An Inspector or Inspection Team shall, during the conduct of verification activities or Challenge Inspection, enjoy the privileges and immunities referred to in Part II of the Verification Annex to the Convention.
(7) No sample drawn under clause (e) of sub-section (5) by an Inspector or Inspection Team shall be sent for analysis in any laboratory situated outside the territory of India.
19. The challenge inspection shall be conducted in accordance with Part X or, in the case of alleged use, in accordance with Part XI of the Verification Annex. The inspection team shall be guided by the principle of conducting the challenge inspection in the least intrusive manner possible, consistent with the effective and timely accomplishment of its mission.
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.
19. In cases where facilities or areas of an inspected State Party are located on the territory of a Host State Party or where the access from the point of entry to the facilities or areas subject to inspection requires transit through the territory of another State Party, the inspected State Party shall exercise the rights and fulfill the obligations concerning such inspections in accordance with this Annex. The Host State Party shall facilitate the inspection of those facilities or areas and shall provide for the necessary support to enable the inspection team to carry out its tasks in a timely and effective manner. States Parties through whose territory transit is required to inspect facilities or areas of an inspected State Party shall facilitate such transit.
19. For multicomponent chemical weapons the order of destruction shall be analogous to that envisaged for binary chemical weapons.
Modification of intermediate destruction deadlines
19. Chemical weapons production facilities converted into chemical weapons destruction facilities before entry into force of this Convention shall be declared under the category of chemical weapons production facilities.
They shall be subject to an initial visit by inspectors, who shall confirm the correctness of the information about these facilities. Verification that the conversion of these facilities was performed in such a manner as to render them inoperable as chemical weapons production facilities shall also be required, and shall fall within the framework of measures provided for the facilities that are to be rendered inoperable not later than 90 days after entry into force of this Convention.
19. Each State Party shall, for each facility, make a detailed annual declaration regarding the activities of the facility for the previous year. The declaration shall be submitted not later than 90 days after the end of that year and shall include:
(a) Identification of the facility;
(b) For each Schedule 1 chemical the following information:
(i) The chemical name, structural formula and Chemical Abstracts Service registry number, if assigned;
(ii) The quantity produced and, in case of production for protective purposes, methods employed;
(iii) The name and quantity of precursors listed in Schedules 1, 2, or 3, used for production of Schedule 1 chemicals;
(iv) The quantity consumed at the facility and the purpose of the consumption;
(v) The quantity transferred to other facilities within the State Party. For each transfer the quantity, recipient and purpose should be included;
(vi) The maximum quantity stored at any time during the year; and
(vii) The quantity stored at the end of the year; and
(c) Information on any changes at the facility or its relevant parts during the year compared to previously submitted detailed technical description of the facility.
19. Having received the initial inspection, each plant site to be inspected pursuant to paragraph 12 shall be subject to subsequent inspections.
19. There shall be no facility agreement, unless requested by the inspected State Party.
19. Sampling and on-site analysis may be undertaken to check for the absence of undeclared scheduled chemicals. In cases of unresolved ambiguities, samples may be analysed in a designated offsite laboratory, subject to the inspected State Party's agreement.
19. If a final perimeter is not agreed, the perimeter negotiations shall be concluded as early as possible, but in no case shall they continue more than 24 hours after the arrival of the inspection team at the point of entry. If no agreement is reached, the inspected State Party shall transport the inspection team to a location at the alternative perimeter. If the inspected State Party deems it necessary, such transportation may begin up to 12 hours before the expiry of the time period specified in paragraph 16 for proposing an alternative perimeter. Transportation shall, in any case, be completed not later than 36 hours after the arrival of the inspection team at the point of entry.
19. If the inspection team during an inspection deems it necessary to extend the investigation into a neighbouring State Party, the Director-General shall notify that State Party about the need for access to its territory and request and confirm arrangements for the safe reception of the team.
Extension of inspection duration
19. The Director-General shall oversee the implementation of individual secrecy agreements. The Director-General shall promptly initiate an investigation if, in his judgment, there is sufficient indication that obligations concerning the protection of confidential information have been violated. The DirectorGeneral shall also promptly initiate an investigation if an allegation concerning a breach of confidentiality is made by a State Party.
Source: India Code