Chapter 2

Prohibition on the Development etc. of Chemical Weapons

5. Prohibition on the Development, etc. of Chemical Weapons.—

  • (1) No person shall-
    • (a) Develop, produce, otherwise acquire, orstockpile chemical weapon;
    • (b) transfer, directly or indirectly, chemical weapon to any one;
    • (c) use chemical weapon;
    • (d) engage in any military preparation to use chemical weapon;
    • (e) assist, encourage or induce, in any way, any other person to engage in any activity prohibited for the State Party under the Convention;
    • (f) use a riot control agent as a method of warfare, willingly or unlawfully
  • (2) For the purposes ofsub-section (1), an objectshall not be a chemical weapon if the person uses the said object only for permitted purposes, and in deciding whether permitted purposes are intended, the types and quantities of objects shall be taken into account.

6. Premises or equipmentfor producing Chemical Weapons.—

  • (1) For the purposes ofthisAct, intending the chemical weaponsto be produced or usedf
    • a) no premisesshall be constructed;
    • (b) no premisesshall be altered; 
    • (c) no equipment shall be installed or constructed;
    • (d) no equipmentshall be altered.
  • (2) For the purpose of sub-section (1), if the object is used for permitted purposesit shall not be deemed as a chemical weapon, and to decide whether the object was produced and used on the basis of permitted purposes the types and quantities of the object shall be taken into consideration.

7. Provisions relating to Production, etc. of Chemicalslisted in Schedule I.—

  • (1) No person shall produce, acquire, use, retain or transfer chemicalslisted in schedule I, unless-
    • (a) such chemicals are used for the purpose of research, treatment manufacture of medicine or protection;
    • (b) the types and quantity of such chemicals are limited to that extent as is proper in cluase (1)
    • (c) the quantity ofsuch chemicals does not exceed the limit of maximum one ton per year in the whole country; and
    • (d) such chemicals are enrolled with the National Authority.
  • (2) In the case of production of chemicals, undersub-section (1), listed in schedule 1, the following conditionsshall apply, namely-
    • (a) such production are for research, medical, pharmaceutical or protective purposes;
    • (b) such production shall follow the procedure set out in part VI of the Verification Annex;
    • (c) the producershall be enrolled by the National Authority
  • (3)In the case of transfer of chemicals, undersub-section (2), listed in schedule 1, the following conditionsshall apply, namely-
    • (a) itshall follow the conditionsspecified in clauses(a) to (d) ofsub-section (1);
    • (b)the chemicals, acquired or transferred, in compliance with the conditions laid down in thissection,shall not be transferred to a third state.

8.Prohibition on transferred, etc. of the chemicalslisted in Schedule 2 and 3.—No person shall, transfer or receive the chemicals listed in schedule 2, or transfer the chemicals listed in schedule 3, to a state which is not a Party to the Convention, unless-

  • (a)such transfer of chemicalsis permitted under the Convention; and
  • (b)the recipientstate provides a certificate in respect of-
    • (i) that they shall only be used for the purposes not prohibited under the Convention;
    • (ii) that they shall not be re-transferred;
    • (iii) theirtypes and quantities;
    • (iv) their end-use;
    • (v) the name and address ofthe end-user; and
  • (c)those are enrolled by the National Authority.

9.Provisions relating to Import and Export of Sheduled Chemicals.—No person shall import into or export from Bangladesh a scheduled chemical, except, in accordance with the provisions of the Import of Export Policy Order made by the Government, from time to time, under Import and Export (Control) Act, 1950 (XXXIX of 1950) and, enrolled with the National Authority