Acts Online
GT Shield

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 applicable to such Goods

5 - 8. Control Thresholds

 

5. The control thresholds of controlled goods for the purposes of declarations shall be as follows:

 

(1)

(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 listed 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.

 

6. 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;
(b) All quantities of toxic chemicals and precursors listed in Annexure B.

 

Note:

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;

 

(i) 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
(ii) 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 of the toxic chemicals and precursors listed in Annexure C greater than or equal to 25 kilograms per calendar year, 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;

 

Note:

 

(i) Transfers below 25 kilograms do not require a permit; however, they are subject to notification requirements to the Council within 21 calendar days of such transfer.

 

(d) an aggregate quantity of the toxic chemicals listed in Annexure D greater than or equal to 100 kilograms per calendar year, 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.

 

Note:

 

(i) Riot control agents packaged as consumer products for personal and individual use but used for riot control purposes by policing or security are not exempted; 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.

 

7. 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

 

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

 

8. 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.