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Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 1993)

Declarations

Declaration of certain Chemical Goods as Controlled Goods and Control Measures applicale to such Goods

5. Control thresholds

 

(1) The control thresholds of controlled goods for the purposes of declarations 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) 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 fisted 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.

 

(3) 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; and

 

(b) All quantities of toxic chemicals and precursors listed in Annexure B.

 

Note:

(i) 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;
(ii) 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
(iii) 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 quantity of the toxic chemicals and precursors listed in Annexure C greater than or equal to 25 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 of the toxic chemicals listed in Annexure D 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;

 

(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; 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.

 

(4) 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

are identified as consumer goods packaged for retail sale for personal use or packaged for individual use.

 

(5) 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.