Assistance and protection against chemical weapons
1. For the purposes of this Article, "Assistance" means the coordination and
delivery to States Parties of protection against chemical weapons, including,
inter alia, the following: detection equipment and alarm systems; protective
equipment; decontamination equipment and decontaminants; medical antidotes and
treatments; and advice on any of these protective measures.
2. Nothing in this Convention shall be interpreted as impeding the right of
any State Party to conduct research into, develop, produce, acquire, transfer
or use means of protection against chemical weapons, for purposes not
prohibited under this Convention.
3. Each State Party undertakes to facilitate, and shall have the right to
participate in, the fullest possible exchange of equipment, material and
scientific and technological information concerning means of protection
against chemical weapons.
4. For the purposes of increasing the transparency of national programmes
related to protective purposes, each State Party shall provide annually to the
Technical Secretariat information on its programme, in accordance with
procedures to be considered and approved by the Conference pursuant to Article
VIII, paragraph 21 (i).
5. The Technical Secretariat shall establish, not later than 180 days after
entry into force of this Convention and maintain, for the use of any
requesting State Party, a data bank containing freely available information
concerning various means of protection against chemical weapons as well as
such information as may be provided by States Parties.
The Technical Secretariat shall also, within the resources available to it,
and at the request of a State Party, provide expert advice and assist the
State Party in identifying how its programmes for the development and
improvement of a protective capacity against chemical weapons could be
6. Nothing in this Convention shall be interpreted as impeding the right of
States Parties to request and provide assistance bilaterally and to conclude
individual agreements with other States Parties concerning the emergency
procurement of assistance.
7. Each State Party undertakes to provide assistance through the Organization
and to this end to elect to take one or more of the following measures:
(a) To contribute to the voluntary fund for assistance to be established by
the Conference at its first session;
(b) To conclude, if possible not later than 180 days after this Convention
enters into force for it, agreements with the Organization concerning the
procurement, upon demand, of assistance;
(c) To declare, not later than 180 days after this Convention enters into
force for it, the kind of assistance it might provide in response to an appeal
by the Organization. If, however, a State Party subsequently is unable to
provide the assistance envisaged in its declaration, it is still under the
obligation to provide assistance in accordance with this paragraph.
8. Each State Party has the right to request and, subject to the procedures
set forth in paragraphs 9, 10 and 11, to receive assistance and protection
against the use or threat of use of chemical weapons if it considers that:
(a) Chemical weapons have been used against it;
(b) Riot control agents have been used against it as a method of warfare; or
(c) It is threatened by actions or activities of any State that are
prohibited for States Parties by Article I.
9. The request, substantiated by relevant information, shall be submitted to
the Director-General, who shall transmit it immediately to the Executive
Council and to all States Parties. The Director-General shall immediately
forward the request to States Parties which have volunteered, in accordance
with paragraphs 7 (b) and (c), to dispatch emergency assistance in case of use
of chemical weapons or use of riot control agents as a method of warfare, or
humanitarian assistance in case of serious threat of use of chemical weapons
or serious threat of use of riot control agents as a method of warfare to the
State Party concerned not later than 12 hours after receipt of the request.
The Director-General shall initiate, not later than 24 hours after receipt of
the request, an investigation in order to provide foundation for further
action. He shall complete the investigation within 72 hours and forward a
report to the Executive Council. If additional time is required for completion
of the investigation, an interim report shall be submitted within the same
time-frame. The additional time required for investigation shall not exceed 72
hours. It may, however, be further extended by similar periods. Reports at the
end of each additional period shall be submitted to the Executive Council. The
investigation shall, as appropriate and in conformity with the request and the
information accompanying the request, establish relevant facts related to the
request as well as the type and scope of supplementary assistance and
10. The Executive Council shall meet not later than 24 hours after receiving
an investigation report to consider the situation and shall take a decision by
simple majority within the following 24 hours on whether to instruct the
Technical Secretariat to provide supplementary assistance. The Technical
Secretariat shall immediately transmit to all States Parties and relevant
international organizations the investigation report and the decision taken by
the Executive Council. When so decided by the Executive Council, the
Director-General shall provide assistance immediately. For this purpose, the
Director-General may cooperate with the requesting State Party, other States
Parties and relevant international organizations. The States Parties shall
make the fullest possible efforts to provide assistance.
11. If the information available from the ongoing investigation or other
reliable sources would give sufficient proof that there are victims of use of
chemical weapons and immediate action is indispensable, the Director-General
shall notify all States Parties and shall take emergency measures of
assistance, using the resources the Conference has placed at his disposal for
such contingencies. The Director-General shall keep the Executive Council
informed of actions undertaken pursuant to this paragraph.