The following goods are controlled goods at the control thresholds indicated in paragraph 5 of this Notice:
| (a) |
The toxic chemicals and precursors listed in Annexures A, B and C, which may be used for purposes that are not prohibited as indicated in paragraph 9 of Article II of the Chemical Weapons Convention: Provided that the types and quantities are consistent with such purposes, whether in substantially pure form or in a mixture. Whenever, in Annexures A and B, reference to groups of dialkylated chemicals is followed by a list of alkyl groups in parentheses, all chemicals possible by all possible combinations of alkyl groups listed in the parentheses are considered to be controlled goods, except those explicitly exempted in Annexure B; |
| (b) |
the toxic chemicals listed in Annexure D, whether in substantially pure form or in a mixture; |
| (c) |
the riot control agents listed in Annexure E, whether in substantially pure form or in a mixture, except— |
| (i) |
goods containing capsaicin packaged for retail sale for personal use or packaged for individual use; and |
| (ii) |
goods containing riot control agents packaged for food production or medical purposes; |
| (d) |
the antiplant agents listed in Annexure F, whether in substantially pure form or in a mixture; |
| (e) |
any chemical facility that produces, acquires, consumes or stores any quantity of the toxic chemicals and precursors listed in Annexure A. As indicated in paragraph 8 of Part VI of the Verification Annex of the Chemical Weapons Convention, the production of the toxic chemicals and precursors listed in Annexure A shall only be carried out at a single small-scale facility. The toxic chemicals and precursors shall only be applied for research, medical, pharmaceutical or protective purposes, and the aggregate amount of such chemicals for such purposes at any given time should be less than or equal to one metric tonne; |
| (f) |
any chemical facility that produced, processed or consumed during the previous calendar year or anticipates to produce, process or consume in the next calendar year 10 grams or more of the toxic chemical BZ listed in Annexure B, one kilogram or more of the toxic chemicals Amiton or PFIB listed in Annexure B or 10 kilograms or more of any precursor listed in Annexure B; |
| (g) |
any chemical facility that produced during the previous calendar year or anticipates to produce in the next calendar year 100 kilograms or more of any toxic chemical listed in Annexure C; |
| (h) |
any chemical facility that produced by chemical synthesis, an aggregate quantity of 100 metric tonnes or more of any number of discrete organic chemicals or their salts, or an aggregate quantity of 15 metric tonnes or more of any single PSF discrete organic chemical or its salts, during the previous calendar year. For the purposes of this paragraph, polymeric and oligomeric substances are not regarded as discrete organic chemicals. For the purposes of this paragraph, chemical facilities that— |
| (i) |
produce explosives or hydrocarbons exclusively, are exempted; |
| (ii) |
produce polymeric and oligomeric substances exclusively, are exempted; |
| (iii) |
produce any discrete organic chemicals or PSF discrete organic chemicals, as well as hydrocarbons, explosives or polymeric and oligomeric substances, are not exempted; and |
| (iv) |
process chemicals or blend or formulate chemicals into products such as insecticides, paints or detergents, where no chemical reactions take place, are exempted; |
| (i) |
the technology required for the production of the controlled goods listed in Annexure A and the toxic chemicals listed in Annexure B; and |
| (j) |
the manufacturing of, and provision of services with respect to controlled goods listed in Annexure A. |
Special Investigating Units and Special Tribunals Act, 1996
