The Chemical Weapons Convention Act, 2000 · V — INSPECTION, SEARCH, SEIZURE AND FORFEITURE

Section 25. Procedure where seizure of goods liable to confiscation not possible

In force · As amended up to 2026-08

25. Procedure where seizure of goods liable to confiscation not possible. —(1) Where it is not practicable to seize any goods which are liable to confiscation under this Act, any officer authorised under section 23 may serve on the owner or person in possession of the goods, an order that he shall not remove, part with or otherwise deal with the goods except with the previous permission of such officer. (2) For effecting seizure and confiscation, the owner, the plant operator and other officials of the facility shall provide all assistance with regard to safety in handling of goods. 25. After the full implementation of Articles IV and V the Conference may, upon the request of a majority of the members of the Executive Council, review the composition of the Executive Council taking into account developments related to the principles specified in paragraph 23 that are governing its composition. 25. If the Executive Council has made specific recommendations to the Conference, the Conference shall consider action in accordance with Article XII. ARTICLE X ASSISTANCE AND PROTECTION AGAINST CHEMICAL WEAPONS 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. 25. The inspected State Party shall provide parking, security protection, servicing and fuel as required by the Technical Secretariat for the aircraft of the inspection team at the point of entry when such aircraft is owned or chartered by the Technical Secretariat. Such aircraft shall not be liable for landing fees, departure tax, and similar charges. The Technical Secretariat shall bear the cost of such fuel, security protection and servicing. Administrative arrangements 25. The request shall contain: (a) The duration of the proposed extension; (b) A detailed explanation of the reasons for the proposed extension; and (c) A detailed plan for destruction during the proposed extension and the remaining portion of the original 10-year period for destruction. 25. The set of measures carried out for the purpose of converting a chemical weapons production facility into a chemical weapons destruction facility shall not be less than that which is provided for the disabling of other chemical weapons production facilities to be carried out not later than 90 days after this Convention enters into force for the State Party. Principles and methods related to destruction of a chemical weapons production facility 25. Not later than 180 days after this Convention enters into force for a State Party, it shall conclude a facility agreement, based on a model agreement, with the Organization, covering detailed inspection procedures for the facility. 25. The focus of the inspection shall be the declared Schedule 2 plant(s) within the declared plant site. If the inspection team requests access to other parts of the plant site, access to these areas shall be granted in accordance with the obligation to provide clarification pursuant to Part II, paragraph 51, of this Annex and in accordance with the facility agreement, or, in the absence of a facility agreement, in accordance with the rules of managed access as specified in Part X, Section C, of this Annex. 25. A State Party shall be notified by the Technical Secretariat of the inspection not less than 120 hours before the arrival of the inspection team at the plant site to be inspected. C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION 25. At its regular session in the third year after entry into force of this Convention, the Conference, upon advice of the Executive Council, shall decide on which basis (e.g. regional) proposals by States Parties for inspections should be presented to be taken into account as a weighting factor in the selection process specified in paragraph 11. Review 25. Upon the inspection team's arrival at the alternative perimeter or final perimeter, whichever occurs first, securing the site, which means exit monitoring procedures by the inspection team, shall begin. 25. The final report shall summarize the factual findings of the inspection, particularly with regard to the alleged use cited in the request. In addition, a report of an investigation of an alleged use shall include a description of the investigation process, tracing its various stages, with special reference to: (a) The locations and time of sampling and on-site analyses; and (b) Supporting evidence, such as the records of interviews, the results of medical examinations and scientific analyses, and the documents examined by the inspection team.

Source: India Code