OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 9th Year No. 51 ADDIS ABABA - 294 April , 2003 CONTENTS Proclamation No. 331/2003 Implementation of the Convention on the Prohibition of Chemical Weapons Proclamation Page 2162 PROCLAMATION No. 331/2003 A PROCLAMATION TO IMPLEMENT THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT , PRODUCTION STOCKPILING AND USE OF CHEMICAL WEAPONS AND ON THEIR DESTRUCTION WHEREAS , Ethiopia is one of the signatories to the Convention on the Prohibition of the Development , Produc tion , Stockpiling and Use of Chemical Weapons and on their Destruction , done in Paris on the 13th day of January , 1993 ; WHEREAS , the House of Peoples ' Representatives has ratified the said Convention at its session held on the 22nd day of February , 1996 ; and Proclamation No. 30/1996 has been proclaimed to this effect ; WHEREAS , it is agreed that each State Party must under the Convention , and to this effect the issuance of a national law has become necessary ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) and ( 12 ) of the constitution of the Federal Democratic Republic of Ethiopia , it is hereby proclaimed as follows : 1. Short Title This Proclamation may be cited as the “ Implementation of the Convention on the Prohibition of Chemical Weapons Proclamation No. 331/2003 . " Unit Price The African Law Archive 2. Definitions In this Proclamation , unless the context otherwise requires : 1 ) “ Convention " means the Convention on the Prohibition of the Development , Production , Stock piling and Use of Chemical Weapons and on their Destruction done in Paris on the 134day of January , 1993 ; 2 ) “ Chemical Weapons ” means the following , together or separately : ( a ) Toxic chemicals and their precursors , except where intended for purposes not prohibited under the Convention , as long as the types and quantities are consistent with such purposes ; ( b ) Munitions and devices , specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in Sub - Article 2 ( a ) of this Article , which would be released as a result of the employment of such munitions and devices ; ( c ) Any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in Sub - Article 2 ( b ) of this Article ; 3 ) “ Ministry ” or “ Minister ” means the Ministry or Minister of Trade and Industry respectively ; 4 ) “ Person ” means any physical or legal person ; 5 ) “ Toxic Chemical ” means any chemical which through its chemical action on life processes can cause death , temporary incapacitation or permanent harm to humans or animals . This includes all such chemicals , regardless of their origin or of their method of production , and regardless of whether they are produced in facilities , in munitions or elsewhere ; 6 ) “ Precursor ” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical . This includes any key component of a binary or multicomponent chemical system ; 7 ) " Purposes Not Prohibited Under the Convention " means , ፡ ( a ) Industrial , agricultural , research , medical , phar maceutical or other peaceful purposes ; ( b ) Protective purposes , namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons ; ( c ) Military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare ; ( d ) Law enforcement including domestic riot con trol purposes ; 8 ) “ Schedules ” means lists of toxic Chemicals and their precursors of the Convention and annexed to this Proclamation as Schedules 1,2 and 3 ; 9 ) “ Riot Control Agent ” means any chemical not listed in a Schedule , which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure ; The African Law Archive 10 ) “ Organization ” means the organization for the Prohibition of Chemical Weapons established pur suant to Article 8 of the Convention ; 11 ) “ ' Inspection ” means an investigation in connection with Chemical Weapons , Toxic Chemicals and their precursors and unscheduled discrete organic chemicals to be conducted by the Organization and the Ministry in the territory of Ethiopia , in accor dance with the Convention and this Proclamation ; 12 ) “ ' Inspection Team ” means inspectors and inspec tion assistants assigned by the organization to conduct inspection in the territory of Ethiopia ; 13 ) “ Discrete Organic Chemical ” means any chemical belonging to the class of chemical compounds consisting of all compounds of carbon except for its oxides ; sulfides and metal carbonates , identifiable by chemical name , by structural formula , if known , and by chemical abstracts service registry number , if assigned ; 14 ) “ Abandoned Chemical Weapons ” means chemical weapons , abandoned by a State after 15 January 1925 on the territory of another State without the consent of the latter , including old chemical weapons . 3. Powers and Duties of the Ministry of Trade and Industry The Ministry shall have the following powers and duties : 1 ) Implement all rights acquired and all obligations that Ethiopia entered in the Convention on behalf of the Government ; 2 ) submit to the Governmet policies prepared concer ning the implementation of the Convention and this Proclamation ; 3 ) direct the activities of the chemical weapons conven tion implementing Advisory Board ; 4 ) Collect and compile information on chemical weapons toxic chemicals and their precursors ; sub mit declarations to the Organization in accordance with Article III of the convention ; 5 ) issue licenses to import , Exports , produce , use , acquire and transfer toxic chemicals and precursors . for purposes not prohibited under the Convention and decide on their quantities in accordance with the Convention ; details shall be prescribed by Direc tives ; 6 ) _collect fees for the service it renders ; 7 ) . verify information collected to be declared to the organization ; conduct inspection in any chemical industries or plants to verify compliance with the Convention ; 8 ) give directives on the elimination and destruction of chemical weapons , and on measures to be taken upon occurrence of damage : and follow implementation ; 9 ) organiz and maintain records for the implementation of this Proclamation and the Convention ; 10 ) popularize the need and importance of the Conven tion among the general public ; 11 ) undertake inspections at any place in relation to chemical weapons , toxic chemicals , precursors and riot control agent ; with or without prior notice ; 12 ) ensure the protection of confidential data comply with the provisions of the Convention ; up its The African Law Archive 13 ) ensure inspections to be conducted by the or ganization in the territory of Ethiopia in accordance with the Convention ; facilitate those inspections and act as the in country escort for the inspection team in accordance with the Convention ; 14 ) provide an identification card to the members of the inspection team that enters into Ethiopia which sets forth the authority to inspect , the privileges and immunities enjoyed by the inspection team under part II ( B ) of the Verification Annex to the Conven tion and other relevant information ; 15 ) develop national program in co - operation with other concerned offices , for the protection of chemical weapons and toxic chemicals , and follow - up its implementation ; serve as national focal point for effective liaison with the organization and other states parties . 16 ) Under take such other activities related to the implementation of this proclamation . 1 ) The Customs Authority shall have an obligation to ensure that the import or export of toxic chemicals and their precursors ; annexed with this Proclamation is duly licensed by the Ministry and their quantity accords with license . 2 ) The customs Authority shall consult the Ministry before providing permit for import or export goods the content of which is doubtful in relation to this Convention . 5. The Chemical Weapons Convention Implementing Ad visory Board 1 ) The Chemical Weapons Convention Implementing Advisory Board ( hereinafter referred to as “ the Board ” ) which shall be accountable to the Ministry , is hereby established by this Proclamation . 2 ) The Board shall have seven members to be appointed by the government upon presentation by the Minis ter . The Minister or his delegate from the Ministry shall be the Chairperson of the Board . 6. Powers and Duties of the Board The Board shall have the following powers and duties : 1 ) advice the Ministry concerning the implementation of the convention and this Proclamation ; 2 ) initiate policies and submit to the Ministry , on matters relating to the implementation of the conven tion and this Proclamation . 7. Meeting of the Board 1 ) The Board shall have a regular meeting at least once every six months ; it may , however , convene extraor dinary meetings as deemed necessary . 2 ) There shall be a quorum where the majority of the members are present at the meetings of the Board ; 3 ) Decision shall be made by a majority vote . In case of a tie the Chairperson shall have a casting vote . 4 ) Without prejudice to the provisions of this Article , the Board may prescribe its own rules and procedure . 8. Prohibition of Chemical Weapons Any person shall not undertake under any circumstances any of the following activities : Developing , producing , acquiring , stockpiling , directly or indirectly transferring chemical weapons to anyone , and using chemical weapons ; 2 ) Assisting , encouraging or inducing in any manner , any other person to engage in any activity prohibited by this Proclamation or the Convention ; and en gaging in military preparations to use chemical Weapons ; The African Law Archive 3 ) Using riot control agents as a method of warfare ; 9. Non - Prohibition 1 ) Any person who obtains a license for purposes not prohibited under the Convention , may import , ex port , produce , process , consume , acquire or transfer toxic chemicals and their precursors listed in the Schedules . 2 ) Prohibitions under Article 8 of this Proclamation shall not apply on the services to be delivered by the Ministry in relation to the destruction of chemical weapons and the protective measures to be taken against chemical weapons . 10. Information and keeping of Records 1 ) Any person who , obtained license in accordance with this Proclamation or produces unscheduled discrete organic chemicals or acquires riot control agents shall have an obligation to keep records . 2 ) Any person shall have a duty to provide information and documents that are related to chemical weapons , toxic chemicals and their precursors and uns cheduled discrete organic chemicals , when reques ted by the Ministry . 3 ) Any person must keep information obtained in relation to implementation of this Proclamation or the convention confidential . Such information may be disclosed only : ( a ) with the consent of the person to whose affairs it related ; or ( b ) to enable Ethiopia to fulfil its obligation under the Convention ; or ( c ) to implement this Proclamation ; or ( d ) to ensure the safety of the public . 11. Duty to Cooperate Any person shall have an obligation to cooperate with the Ministry for the purpose of implementing this Proclamation . 12. Inspection by the Organization 1 ) The inspection team of the Organization may in accordance with the Convention conduct inspection in the territory of Ethiopia in connection with chemical weapons , toxic chemicals and their precur sors , and unscheduled discrete organic chemicals . 2 ) Members of the inspection team shall have an obligation to produce their identification card at any place when requested . 13. Penalty Unless the offence is punishable with more severe penalty under the Penal Code : 1 ) Any person who violates Article 10 and 11 of this Proclamation shall be punished with imprisonment from one up to three years and with fine from Birr 5,000.00 ( five thousand Bir ) up to 10,000.00 ( ten 2 ) any person engaged in activities mentioned under Article 9 Sub - Article ( 1 ) of this Proclamation without obtaining license from the Ministry shall be punished with imprisonment from three up to five years and with fine from Birr 10,000.00 ( ten thousand Birr ) up to 30,000.00 ( thirty thousand Birr ) . 3 ) any person who provides false information in con nection the implementation Proclamation and the convention or hinders inspec tion activity by the Organization or the Ministry shall be punished with imprisonment from five up to ten years and with fine from Birr 30,000.00 ( thirty thousand Birr ) up to 50,000.00 ( fifty thousand Birr ) . The African Law Archive 4 ) Any person . ( a ) Whosoever makes , produces , stockpiles , in any way passes to another person , imports , exports , exports , buys , makes available for sale , bails , possesses , transports or distributes Chemical Weapons shall be punished with regorous imprisonment ranging from Ten to Fifteen years . Where the Crime is committed for avaricious reasons he shall additionally be punished with a fine of five thousands Birr . However , where the crime is committed by a juridical person the fine shall be threefold . ( b ) Whosoever uses riot control agents as a method of warfare shall be punished with rigorous imprisonment from five to ten years . ( c ) Whosoever uses or makes preparation for the use of Chemical Weapons for military purposes shall be punished with regorous imprisonment ranging from Ten to Twenty Five years . However , where the commission of the crime is grave he shall be punished with death . Confiscation 1 ) The Ministry may confiscate toxic chemicals and precursors listed in the Schedule that are imported or ready for export without obtaining license in accor dance with this Proclamation . 2 ) Saving the provision of Sub - Article ( 1 ) of this Article , in addition to the penalty passed against a person who has been convicted for violation of Sub Article ( 2 ) and ( 4 ) of Article 13 of this Proclamation , the court may give order for the confiscation of chemical weapons and chemicals included in the schedule . icable Laws Any laws or practices which are in contradiction with this Proclamation shall not be applicable in respect of matters provided for in this Proclamation . 16. Issuance of Regulations The council of Ministers may issue Regulations for the implementation of this Proclamation . The Ministry may issue public notices and directives for the implementation of this Proclamation . 18. Effective Date This Proclamation shall enter into force as of the 29th day of April , 2003 . Done at Addis Ababa , this 29th day of April , 2003 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive