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Chapter 1

Preliminary

  1. Short title, extent and commencement.— (1) This Act may be called the Chemical Weapons(Prohibition) Act, 2006.

            (2) Itshall come into force at once.

            (3) It extendsto the whole of Bangladesh.

  1. Definitions.—(1) In this Act, unless there is anything repugnant in the subject or context,—
  • (a) "permitted purpose" means-
    • (i) use for industrial, agricultural, research, medical, pharmaceutical or for other peaceful purposes;
    • (ii) use for protection against the toxic chemicals and the harmful effect of Chemical Weapons.
    • (iii) use for military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare;
    • (iv) use for iaw enforcement purposesincluding the domestic riot control;
  • (b) "Convention" means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction signed at Paris on 13 January 1993;
  • (c) "Chairman" meansthe Chairman ofthe National Authority;
  • (d) "Challenge inspection" meansinspection of any facility, area and transport within or beyond the territory and under the jurisdiction or control of Bangladesh at the request of any Party to the Convention according to the procedure laid down in Part IX of the Verification Annex;
  • (e) "National Authority" meansthe National Authority established under section 23;
  • (f) "Schedule" meansthe schedule oftheAct;
  • (g) "Scheduled chemical" means any chemical listed in schedule 1, 2 or 3;
  • (h) "riot control agent" means any chemical which is not a scheduled chemical and can rapidly produce irritation in human sensory or disabling physical effects and which disappear within a short time following termination of exposure;
  • (i) "Executive cell" means a cell constituted undersection 28 for the prohibition and disarmament of chemical weapons;
  • (j) "routine inspection" means an inspection pursuant to Parts II to IX of the Verification Annex;
  • (k) "Director" means a Director appointed by the Government undersection 28(3);
  • (I) "Verification Annex" meansthe verification Annex to the Convention;
  • (m) "Criminal Procedure" meansthe Code of Criminal Precedure, 1898 (V of 1898);
  • (n) "rules" meansthe rules made under this Act;
  • (o) "toxic chemical" means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals and includes all such chemicals, regardless of their origin or of their method of production and regardless of whether they are produced in facilities, in munitions or elsewhere;
  • (p) "person" includes company, association or any body of persons, whether incorporated or not;
  • (q) "Chemical weapons" means-
    • (i) toxic chemical and their precursors, except where intended for purposes not prohibited under the convention, as long as the types and quantities are consistent with such purposes;
    • (ti) munitions or devices, specifically designed to cause death or other harm ' through the toxic properties of a toxic chemical specified in sub-ciause (i), which would be released as a result of the employment ofsuch munitions or devices;
    • (iii) any equipment specifically designed for use directly in connection with the employment of a munitions or device specified in sub-clause (ii);
  • (r) "member" means a member ofthe National Authority;
  • (s) "assistance inspection" means an inspection conducted pursuant to parts II and XI of the Verification Annex;
  • (t) "precursor" means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical and includes any key component of a binary or multi-component chemical system;
  • (u) "Organisation" means an Organisation for the Prohibition of Chemical Weapons established under the Convention;
  1. Extraterritorial application ofthe Act.—The provisions of this Act shall apply to the following cases beyond the territories of Bangladeshf
  • a) any offence committed by any citizen of Bangladesh or any person in the service of Bangladesh;
  • (b) any offence committed by any person, staying in or on board any ship or aircraft of Bangladesh.
  1. Act to override other laws.— Notwithstanding anything contained in any other law, for the time being in force, the provisions of this Act or rules made thereunder shall prevail
  • BNACWC

    Prime Minister's Office

    Armed Forces Division

    Dhaka Cantonment

    Dhaka-1206

    Bangladesh

  • bnacwc@bnacwcafd.gov.bd

  • www.bnacwcafd.gov.bd

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