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

Section 27. Conditions under which search of persons be conducted

In force · As amended up to 2026-08

27. Conditions under which search of persons be conducted. —(1) When any subordinate officer authorised under section 23 or any subordinate officer exercising power in pursuance of sub-section (3) of section 22 is about to search any person under the provisions of section 22 or section 23 or section 24, he shall, if such person so requires, take such person without unnecessary delay to the nearest enforcement officer or the officer authorising such search or the nearest Magistrate. (2) If such requisition is made, the officer may detain the person until he can bring him before the officer or the Magistrate referred to in sub-section (1). (3) The officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made. (4) No female shall be searched by anyone excepting a female. 27. Subject to paragraph 29, there shall be no restriction by the inspected State Party on the inspection team bringing onto the inspection site such equipment, approved in accordance with paragraph 28, which the Technical Secretariat has determined to be necessary to fulfil the inspection requirements. The Technical Secretariat shall prepare and, as appropriate, update a list of approved equipment, which may be needed for the purposes described above, and regulations governing such equipment which shall be in accordance with this Annex. In establishing the list of approved equipment and these regulations, the Technical Secretariat shall ensure that safety considerations for all the types of facilities at which such equipment is likely to be used, are taken fully into account. A list of approved equipment shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i). 27. If an extension is granted, the State Party shall take appropriate measures to meet all subsequent deadlines. 27. A State Party shall destroy facilities for producing unfilled chemical munitions and equipment for chemical weapons employment as follows: (a) Facilities used exclusively for production of non-chemical parts for chemical munitions or equipment specifically designed for use directly in connection with chemical weapons employment, shall be declared and destroyed. The destruction process and its verification shall be conducted according to the provisions of Article V and this Part of this Annex that govern destruction of chemical weapons production facilities; (b) All equipment designed or used exclusively for producing non-chemical parts for chemical munitions shall be physically destroyed. Such equipment, which includes specially designed moulds and metal-forming dies, may be brought to a special location for destruction; (c) All buildings and standard equipment used for such production activities shall be destroyed or converted for purposes not prohibited under this Convention, with confirmation, as necessary, through consultations and inspections as provided for under Article IX; (d) Activities for purposes not prohibited under this Convention may continue while destruction or conversion proceeds. Order of destruction 27. A model for agreements shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21(i). Other facilities referred to in paragraphs 10 and 11 27. Sampling and analysis shall be undertaken to check for the absence of undeclared scheduled chemicals. 27. Five years after entry into force of this Convention, the Conference shall consider the need to establish other measures regarding transfers of Schedule 3 chemicals to States not Party to this Convention. 27. Additional procedures for exit monitoring activities as agreed upon by the inspection team and the inspected State Party may include, inter alia : - (a) Use of sensors; - (b) Random selective access; (c) Sample analysis. 27. In the case of alleged use of chemical weapons involving a State not Party to this Convention or in territory not controlled by a State Party, the Organization shall closely cooperate with the SecretaryGeneral of the United Nations. If so requested, the Organization shall put its resources at the disposal of the Secretary-General of the United Nations. ANNEX ON THE PROTECTION OF CONFIDENTIAL INFORMATION ("CONFIDENTIALITY ANNEX") A. GENERAL PRINCIPLES FOR THE HANDLING OF CONFIDENTIAL INFORMATION

Source: India Code