Toxic Chemicals Prohibition Control Act, 2016

Section Commencement Section This Act shall come into force upon assent by the President and publication in the gazette.

Section Application Section This Act applies to— acts or omissions prohibited by this Act and the Convention , which are committed by any person on board water vessels and aircrafts registered in, belonging to or in the possession of Uganda; acts or omissions prohibited under this Act and the Convention , which are committed by any person within the jurisdiction of Uganda; and acts or omissions prohibited under this Act and the Convention , which are committed by a Ugandan citizen or a permanent resident of Uganda outside Uganda. This Act binds the Government.

Section Purpose of this Act Section The purpose of this Act is to ensure that— Uganda complies with its obligations under the Convention ; and the exercise of the power or discretion or the performance of any duty or function authorised by this Act is not inconsistent with Uganda’s obligations under the Convention .

Section Interpretation Section In this Act, unless the context otherwise requires— " aircraft " means an aircraft registered in Uganda or belonging to or in the possession of Uganda; " 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 purpose; (b) munitions and devices, specifically designed to cause death or harm through the toxic chemicals specified in paragraph (a), which would be released as a result of the use of those munitions and devices; or (c) any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in paragraph (b); " citizen " means a Ugandan residing in Uganda or outside Uganda; " Convention " means the Convention on the Prohibition of the Development, Production , Stockpiling and Use of Chemical Weapons and on Their Destruction adopted on 13th January 1993, and includes any amendments to that Convention or the Annexes that are, or will become binding on Uganda; " currency point " has the value of a currency point assi...

Section Convention to have force of law Section The Convention set out in Schedule 2 to this Act shall have the force of law in Uganda. Without prejudice to the general effect of subsection (1), all rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Convention and all remedies and procedures from time to time provided by or under the Convention , shall be recognized and available in the law and be enforced in Uganda.

Section The National Authority Section The Permanent Secretary of the Ministry responsible for occupational safety and health shall be the chairperson of the National Authority and the National Authority shall consist of representatives of— The Minister shall, designate an authority to be called the National Chemicals Regulatory Authority within the Ministry responsible for Occupational Safety and Health. the ministry responsible for foreign affairs; the ministry responsible for defence; the ministry responsible for internal affairs from the Directorate of Government Analytical Laboratories and the Uganda Police Force; the ministry responsible for agriculture, animal industry and fisheries; the Internal Security Organisation ; the ministry responsible for finance, from the Uganda Revenue Authority, Customs Division; the ministry responsible for trade, industry and cooperatives; the ministry responsible for health; the ministry responsible for justice; the National Environment Management Authority; the ministry responsible for education; Uganda National Metrological Authority; and any other organisation as the Minister may deem necessary. The Minister may, by statutory instrument, c...

Section Functions of the Authority Section The functions of the Authority are— to serve as the national focal point for effective liaison with the OPCW and other States Parties; to supervise and monitor the enforcement of this Act; to gather data to be reported in the initial and annual declarations to the OPCW and to report the data collected to OPCW; to supervise the implementation and enforcement of the Convention ; to provide OPCW and other States Parties with the relevant data and information to fulfil Uganda’s obligations under the Convention ; to facilitate and cooperate with inspections under the Convention , including accompanying OPCW inspectors on international routine inspections and challenge inspections as well as investigations of alleged use of Chemical Weapons ; to approve facility agreements; to establish a register of producers, importers, exporters, brokers and traders of scheduled and other toxic chemicals; to encourage research and development of safe and peaceful use of chemicals; to promote rational use of chemicals through appropriate trainings and sensitization; to provide advice and guidance to the government and other bodies concerned with chemical use a...

Section Collaboration with other government institutions and international bodies Section The National Authority may, to the extent required for the effective implementation of this Act and the Convention , collaborate with other government agencies, ministries, departments and agencies; and international organisations.

Section General prohibition in relation to Schedule 1 chemicals Section The acquisition, retention, in-country transfer, import, export and use of Schedule 1 chemicals is prohibited unless the chemicals are exclusively applied to research, medical, pharmaceutical, agriculture or protective purposes and the types and quantities or chemicals are strictly limited to those which can be justified for such purposes. The production of Schedule 1 chemicals is prohibited unless carried out for research, medical, pharmaceutical, agriculture or protective purposes and in a facility licensed by the Minister in accordance with the Convention , this Act and the regulations made under this Act. A person who contravenes subsections (1) or (2) commits and offence and is liable on conviction to imprisonment for life. The activities referred to in subsections (1) and (2) are subject to prior declaration in accordance with regulations made under this Act.

Section Prohibition of development, production and stockpiling of Schedules 1, 2 and 3 chemicals Section A person shall not, without a licence granted by the Minister, develop, produce, acquire, stockpile or retain any chemical listed in Schedules 1, 2 or 3 of the of the Annex on toxic Chemicals of the Convention . A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for life.

Section Prohibition of transfer of schedules 1, 2 and 3 chemicals and their precursors Section The transfer of chemicals listed in schedule 1 to the Convention from or to a country not party to the Convention , including transit through such a country is prohibited. A person shall not transfer into Uganda or from Uganda, any chemical or precursor listed in Schedules 2 and 3 of the Convention to a State not party to the Convention without a license granted by the Minister. The Minister shall, by regulations, prescribe conditions for the transfer of chemicals listed in Schedules 2 and 3 to States not party to the Convention . A person shall not transfer to a State not party to the Convention , chemicals listed in Schedule 3 without first receiving an end-user certificate from a competent Government authority of the State not party to the Convention . In determining whether or not to grant a license under this section, the Minister shall be guided by the restrictions on transfer set out in Parts VI to VIII of the Verification Annex . A person who contravenes the provisions of this section commits an offence and is liable, on conviction to a fine not exceeding five thousand currency po...

Section Use of riot control agents as a method of warfare Section A person who uses riot control agents as a method of warfare commits an offence and is liable on conviction to a fine not exceeding five thousand currency points or imprisonment for life or both.

Section Seizure Section The National Authority, its agents, a national inspector or a member of the Uganda Police Force may seize or cause to be seized— any chemical weapon that is developed, produced, acquired, stockpiled, retained, imported or transferred in contravention of the Convention and this Act or is old or abandoned in any place under the jurisdiction of Uganda; any quantity of chemical weapons that may be used as evidence for an offence committed under this Act; or any book, document, data or thing which may be used as evidence for an offence committed under this Act.

Section Forfeiture Section Where a seizure is made under section 14 — the weapon shall be forfeited to the Government; and any authorized officer of the Government or any police officer may, without a warrant, seize the chemical weapon that is forfeited or that he or she has reasonable grounds to believe to be forfeited to the Government under subsection (1). Any chemical weapon that is seized under section 14 shall be stored by the ministry responsible for defence with all appropriate safeguards pending disposal, and then disposed of upon the instructions of the minister responsible for defence, taking into account the provisions of the Convention.

Section General prohibition Section Subject to this Act, a person shall not— develop, produce, or acquire, stockpile, or retain chemical weapons ; transfer, directly or indirectly, chemical weapons to another person; use chemical weapons ; engage in any military preparations to use chemical weapons ; assist, encourage, or induce, in any way, any person to engage in any activity prohibited under the Convention ; use riot control agent as a method of warfare; design or construct a chemical weapons production facility; modify a facility or material of any kind with the purpose of carrying out any activity in contravention of this Act; or engage in any other activity prohibited under the Convention . A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for life.

Section Purpose of this Part Section The purpose of this Part is to ensure— that toxic chemical and their precursors are only developed, produced, imported, exported or otherwise acquired, retained, transferred or used for purposes not prohibited under the Convention ; that the National Authority has knowledge of dealings with chemicals that facilitates the making of Uganda’s periodic declarations under the Convention ; and that Uganda is able to fulfill its obligations under the Convention .

Section Supply of information and keeping of records Section Notwithstanding section 11 , a person who develops, produces, imports, exports, acquires, retains, transfers, processes, consumes or uses chemicals listed in schedules 1, 2 or 3 of the Convention or their precursors or who intends to do so or produces discrete organic chemicals shall— notify the National Authority of the activity or intended activity and, as the case may be, the facility or plant site, as soon as practicable after the commencement of this Act by giving written notice in a form approved by the National Authority, containing such information as may be required by regulations; keep records in relation to the chemicals and the facility or plant site, and the purpose to which the chemicals are put; prepare from those records, periodic reports relating to the chemicals and the facility or plant site in a form approved by the National Authority; and submit periodic reports to the National Authority at intervals specified by the Minister by regulations. The data, records and reports under subsection (1) must be sufficient to satisfy the National Authority that the Convention and the provisions of this Act and any...

Section National Authority to seek information Section This section applies where the National Authority considers that a person is capable of giving information that is relevant to— The National Authority may, by notice in writing and within a period specified in the notice, require any person whom the National Authority believes on reasonable grounds, has information or documents relevant to the enforcement of this Act to give the information to the National Authority— a declaration required to be given to the Organisation under the Convention ; or the implementation of the Convention or the enforcement of this Act. where the person is a natural person, by writing signed by the person; or where the person is a body corporate, by writing signed by an officer authorised to sign on behalf of the body corporate. The Minister may, by notice in writing given to any person, require that person to give to the National Authority particular documents or documents of a particular kind, specified in the notice within seven days or as specified in the notice. A person who fails to comply with a notice issued under this section to the extent that the person is capable of complying with it, com...

Section Reporting on other chemicals Section A person who develops, produces, otherwise acquires, retains or uses within the territory of Uganda or imports into Uganda other toxic chemicals or precursors other than those specified in Schedules 1, 2 and 3 of the Convention shall provide sufficient information to the National Authority to enable the National Authority to establish that those activities are not prohibited under the Convention . A person who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding ten years or both.

Section False or misleading statements and documents Section A person who, in any document prepared under this Part, makes a statement or omits any matter knowing that, or being reckless as to whether the statement or omission makes the document false or misleading in a material particular commits an offence and is liable on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding five years or both.

Section Confidentiality Section Information referred to in subsection (1) may be disclosed only with the consent of the person to whose affairs it relates or for the purpose of— A person shall keep any information that is given under this Act or the Convention concerning the affairs of another person confidential. enabling Uganda to fulfill its obligations under the Convention ; the enforcement of this Act; or dealing with an emergency involving public safety. A person who contravenes this section commits an offence, and is liable on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding one year or both.

Section Privileges and immunities Section A person who is entitled to receive immunities and privileges under the Convention shall, in accordance with the laws of Uganda, receive such immunities and privileges in accordance with the Convention and any privileges and immunities Agreement that may be negotiated.

Section Self-incrimination Section A person is not excused from answering a question or giving any information or document under this Act or the Convention on the ground that to do so may incriminate or tend to incriminate him or her. A self-incriminating statement made or given under this Act, or the Convention is not admissible as evidence in criminal proceedings against that person, except on a charge of perjury in relation to that statement.

Section Regulations Section Without prejudice to the general effect of subsection (1), regulations made under this section may prescribe, among other matters— Regulations made under subsection (1) may, in respect of any contravention of any of the regulations— The Minister may, by statutory instrument, make regulations for the better carrying into effect the purposes and intents of this Act. for any matter that is necessary or desirable for the purpose of implementing the Convention or any agreement that is concluded between the Government of Uganda and the OPCW under the Convention ; for establishing the licensing regime for licenses to be granted under this Act; for establishing a declaration regime for all declarations to be made under the Act; for offences in respect of the contravention of or noncompliance with any provision of any regulations made under this section; and providing for such other matters as are contemplated by or necessary to give full effect to this Act and for its due administration. prescribe a penalty of a fine not exceeding five thousand currency points or imprisonment for a term not exceeding ten years or both; in the case of a continuing contravention,...

Section Amendment of Schedules Section The Minister may, by statutory instrument, from time to time— The Minister may, by statutory instrument and with the approval of Cabinet, amend Schedule 1. amend Schedule 2 to this Act by making such amendments to the text of the Convention set out in that Schedule as are required to bring that text up to date in accordance with changes made to the Convention ; revoke Schedule 2 to this Act, and substitute a new Schedule setting out in an up-to-date form, the text of the Convention set out in that Schedule in accordance with changes made to the Convention .

Section Disclaimer of liability Section Nothing in this Act shall render the Government of Uganda liable for an act or omission on the part of the Organisation .

Section Purpose of this Part Section For purposes of this Part— "inspection power" means the power to— "purposes of compliance" means— enter and search any premises or facility; inspect and examine a matter of thing; take samples of a matter of thing; examine documents including records kept in accordance with this Act, the regulations or a condition of a license or permit issued under this Act; take extracts from or make copies of a document; measure a matter of thing; operate any equipment, including electronic equipment, located at any premises or facility if the inspector believes, on reasonable grounds, that the equipment can be operated without damaging it; take onto a premise or facility any person, equipment or material that is reasonably required for the purpose of exercising a power under this paragraph; question operators of any site and personal working on the site for the purposes of the Act; or do any other act or thing necessary or convenient to be done to carry out an inspection under this Act; determining whether the provisions of this Act and any regulations issued under the Act have been or are being complied with at any premises or facility; determining whether...

Section Verification of toxic chemicals, their precursors and facilities Section All toxic chemicals and their precursors listed in Schedules 1, 2, and 3 of the Convention , facilities related to those chemicals and other facilities producing discrete organic chemicals and places specified in the Verification Annex , are declared to be subject to verification measures as provided for in the Convention .

Section Inspections Section A national inspector or an international inspector may, at any reasonable time, and consistent with the provisions of the Convention and this Act and any relevant facility agreement— A person to whom section 22 applies shall permit a national or international inspector to— enter any place— enter any place in Uganda; inspect the place; install, use and maintain monitoring instructions, systems and seals; or carry out any other activity as provided in the Verification Annex to the Convention . in respect of which a provision of Parts VI to IX of the verification Annex applies; that is subject to an on-site challenge inspection referred to in paragraph 8 of Article IX of the Convention ; or in respect of which an investigation under paragraph 9 of Article X of the Convention has been initiated; inspect the place in accordance with the Convention and, in the case of any facility, any applicable facility agreement; and exercise, in connection with the inspection, any function contemplated, and exercise any power provided for in the Convention and, in the case of any facility, any applicable facility agreement.

Section Inspections on short notice Section An inspector designated under the Convention shall be permitted, on short notice, to enter into Uganda to carry on an inspection consistent with the provisions of the Convention .

Section Appointment of national inspectors Section The Minister may, on the advice of the National Authority, appoint national inspectors for purposes of ensuring compliance under this Act.

Section Persons who may accompany international inspectors Section In order to facilitate inspections, an international inspector may be accompanied by— an observer for the purposes of giving effect to paragraph 12 of Article IX of the Convention ; a national inspector appointed under section 25 ; or a member of the Uganda Police Force above the rank of Assistant Superintendent of Police.

Section Directions by Minister Section The Minister may, by notice in writing, issue directions to any person for the purpose of facilitating an inspection under the Convention . A person who willfully fails to comply with any direction given by the Minister under this section commits an offence and is liable, on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding two years or both.

Section Identification certificates Section The Minister may issue a certificate identifying a national inspector, an international inspector or any other person authorised to accompany or assist an international inspector under this Act.

Section Search warrants Section Subject to subsection (3), where, on an ex-parte application, a magistrate, Judge or Registrar of a court of competent jurisdiction is satisfied that there are reasonable grounds for believing that— A person applying for a warrant under subsection (2) shall— A member of the Uganda Police Force or a national inspector appointed under section 25 may apply for a search warrant where the consent of the person who is in control of a place subject to an inspection under this Act cannot be obtained or where the person refuses to give his or her consent. a place referred to in section 22 meets the conditions for entry described in that section; entry to the place is necessary for the purpose of exercising any function contemplated, or any power provided for in this Act, the Convention or an applicable facility agreement; or the consent of the person who is in control of the place cannot be obtained, first make reasonable inquiries as to whether any other applications for a warrant have been made in respect of the place concerned or offence or offences, if any, alleged in respect of each application and the results of each application; and disclose on the app...

Section Entry or search without a warrant Section A search warrant authorising entry into a place or facility is not required where the conditions of obtaining a warrant exist but, by reason of exigent circumstances, it would be impractical to obtain a warrant.

Section Use of reasonable force Section Where force is required to enter and inspect any place, premises or facility specified in a warrant whether by breaking down a door or otherwise, or in breaking open anything in the place, premises or facility, a representative of the National Authority or a national inspector accompanied by a member of the Uganda Police Force may use such force as is reasonable in the circumstances.

Section Obligations of persons accompanying international inspectors Section A member of the Uganda Police Force or a national inspector appointed under section 25 who accompanies an international inspector on any inspection shall— The person entering a place, premises, or facility to carry out an inspection under subsection (1) shall, where there is no person appearing to be in charge of the place at any time between the time of entry and the time the inspection concerned has been completed, as soon as is practicable after completing the inspection, give an occupier or person in charge of the place, a written notice stating that the place has been entered, and specifying— carry his or her identification certificate; and produce the identification certificate to any person in charge of the place, premises or facility entered if asked to do so by the person in charge of the place, premises or facility entered. the time and date of entry; the circumstances and purpose of entry; and the name of every person entering. The person carrying out inspection under subsection (1) shall have a warrant with him or her and produce it if required to do so. Where anything is seized during an inspe...

Section Obstruction of an inspector Section The proprietor or a person in charge of a place, premises or a facility to be inspected shall cooperate with and support inspections conducted under the Convention and this Act. A person who obstructs, hinders, resists, or deceives an international inspector or a national inspector exercising his or her functions or any power under this Act or the Convention , commits an offence and is liable on conviction, to a fine not exceeding one hundred currency points or imprisonment not exceeding one year or both.

Section Expenses of inspection Section The proprietor or a person in charge of a place, premises or a facility to be inspected shall meet the expenses of an inspection conducted on his or her place, premises or facility in accordance with the Convention and this Act unless the expenses are refundable by the Organisation in accordance with the Convention . An application for a refund of expenses under subsection (1) shall, where the expenses are refundable by the Organisation , be filed with the National Authority which shall consider the application and submit to the Organisation .

Section Application for licence, permit or consent Section An application for a licence, permit or consent under this Act shall be made to the Minister in the manner prescribed by regulations. An application for a licence, permit or consent under this Act shall be in writing and shall be accompanied by an application fee prescribed by the Minister by regulations. In determining whether or not to grant a licence, permit or consent under this Act, the Minister shall be guided by the provisions of the Convention in Part VI of the Verification Annex .

Section End-user certificate Section An end-user certificate shall contain— a statement that the Schedule 3 chemical will only be used for purposes not prohibited under the Convention ; a statement that the Schedule 3 chemical will not be retransferred to other states; the types and quantities of the Schedule 3 chemicals to be transferred; the end-use of the Schedule 3 chemicals to be transferred; and the name and address of the Schedule 3 chemicals end-user. Where the Schedule 3 chemical transferred is to an importer in a State not party to the Convention and the importer is not the end-user, the importer shall specify the name and address for the purposes of the transfer.