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THE ORGANIZATION
    ARTICLE VIII

    THE ORGANIZATION

    A. GENERAL PROVISIONS

    1. The States Parties to this Convention hereby establish the Organization for
    the Prohibition of Chemical Weapons to achieve the object and purpose of this
    Convention, to ensure the implementation of its provisions, including those
    for international verification of compliance with it, and to provide a forum
    for consultation and cooperation among States Parties.

    2. All States Parties to this Convention shall be members of the Organization.
    A State Party shall not be deprived of its membership in the Organization.

    3. The seat of the Headquarters of the Organization shall be The Hague,
    Kingdom of the Netherlands.

    4. There are hereby established as the organs of the Organization: the
    Conference of the States Parties, the Executive Council, and the Technical
    Secretariat.

    5. The Organization shall conduct its verification activities provided for
    under this Convention in the least intrusive manner possible consistent with
    the timely and efficient accomplishment of their objectives. It shall request
    only the information and data necessary to fulfil its responsibilities under
    this Convention. It shall take every precaution to protect the confidentiality
    of information on civil and military activities and facilities coming to its
    knowledge in the implementation of this Convention and, in particular, shall
    abide by the provisions set forth in the Confidentiality Annex.

    6. In undertaking its verification activities the Organization shall consider
    measures to make use of advances in science and technology.

    7. The costs of the Organization's activities shall be paid by States Parties
    in accordance with the United Nations scale of assessment adjusted to take
    into account differences in membership between the United Nations and this
    Organization, and subject to the provisions of Articles IV and V. Financial
    contributions of States Parties to the Preparatory Commission shall be
    deducted in an appropriate way from their contributions to the regular budget.
    The budget of the Organization shall comprise two separate chapters, one
    relating to administrative and other costs, and one relating to verification
    costs.

    8. A member of the Organization which is in arrears in the payment of its
    financial contribution to the Organization shall have no vote in the
    Organization if the amount of its arrears equals or exceeds the amount of the
    contribution due from it for the preceding two full years. The Conference of
    the States Parties may, nevertheless, permit such a member to vote if it is
    satisfied that the failure to pay is due to conditions beyond the control of
    the member.

    B. THE CONFERENCE OF THE STATES PARTIES

    Composition, procedures and decision-making

    9. The Conference of the States Parties (hereinafter referred to as "the
    Conference") shall be composed of all members of this Organization. Each
    member shall have one representative in the Conference, who may be accompanied
    by alternates and advisers.

    10. The first session of the Conference shall be convened by the depositary
    not later than 30 days after the entry into force of this Convention.

    11. The Conference shall meet in regular sessions which shall be held annually
    unless it decides otherwise.

    12. Special sessions of the Conference shall be convened:

    (a) When decided by the Conference;

    (b) When requested by the Executive Council;

    (c) When requested by any member and supported by one third of the members;
    or

    (d) In accordance with paragraph 22 to undertake reviews of the operation of
    this Convention.

    Except in the case of subparagraph (d), the special session shall be convened
    not later than 30 days after receipt of the request by the Director-General of
    the Technical Secretariat, unless specified otherwise in the request.

    13. The Conference shall also be convened in the form of an Amendment
    Conference in accordance with Article XV, paragraph 2.

    14. Sessions of the Conference shall take place at the seat of the
    Organization unless the Conference decides otherwise.

    15. The Conference shall adopt its rules of procedure. At the beginning of
    each regular session, it shall elect its Chairman and such other officers as
    may be required. They shall hold office until a new Chairman and other
    officers are elected at the next regular session.

    16. A majority of the members of the Organization shall constitute a quorum
    for the Conference.

    17. Each member of the Organization shall have one vote in the Conference.

    18. The Conference shall take decisions on questions of procedure by a simple
    majority of the members present and voting. Decisions on matters of substance
    should be taken as far as possible by consensus. If consensus is not
    attainable when an issue comes up for decision, the Chairman shall defer any
    vote for 24 hours and during this period of deferment shall make every effort
    to facilitate achievement of consensus, and shall report to the Conference
    before the end of this period. If consensus is not possible at the end of 24
    hours, the Conference shall take the decision by a two-thirds majority of
    members present and voting unless specified otherwise in this Convention.
    When the issue arises as to whether the question is one of substance or not,
    that question shall be treated as a matter of substance unless otherwise
    decided by the Conference by the majority required for decisions on matters of
    substance.

    Powers and functions

    19. The Conference shall be the principal organ of the Organization. It shall
    consider any questions, matters or issues within the scope of this Convention,
    including those relating to the powers and functions of the Executive Council
    and the Technical Secretariat. It may make recommendations and take decisions
    on any questions, matters or issues related to this Convention raised by a
    State Party or brought to its attention by the Executive Council.

    20. The Conference shall oversee the implementation of this Convention, and
    act in order to promote its object and purpose. The Conference shall review
    compliance with this Convention. It shall also oversee the activities of the
    Executive Council and the Technical Secretariat and may issue guidelines in
    accordance with this Convention to either of them in the exercise of their
    functions.

    21. The Conference shall:

    (a) Consider and adopt at its regular sessions the report, programme and
    budget of the Organization, submitted by the Executive Council, as well as
    consider other reports;

    (b) Decide on the scale of financial contributions to be paid by States
    Parties in accordance with paragraph 7;

    (c) Elect the members of the Executive Council;

    (d) Appoint the Director-General of the Technical Secretariat (hereinafter
    referred to as "the Director-General");

    (e) Approve the rules of procedure of the Executive Council submitted by the
    latter;

    (f) Establish such subsidiary organs as it finds necessary for the exercise
    of its functions in accordance with this Convention;

    (g) Foster international cooperation for peaceful purposes in the field of
    chemical activities;

    (h) Review scientific and technological developments that could affect the
    operation of this Convention and, in this context, direct the Director-General
    to establish a Scientific Advisory Board to enable him, in the performance of
    his functions, to render specialized advice in areas of science and technology
    relevant to this Convention, to the Conference, the Executive Council or
    States Parties. The Scientific Advisory Board shall be composed of independent
    experts appointed in accordance with terms of reference adopted by the
    Conference;

    (i) Consider and approve at its first session any draft agreements,
    provisions and guidelines developed by the Preparatory Commission;

    (j) Establish at its first session the voluntary fund for assistance in
    accordance with Article X;

    (k) Take the necessary measures to ensure compliance with this Convention
    and to redress and remedy any situation which contravenes the provisions of
    this Convention, in accordance with Article XII.

    22. The Conference shall not later than one year after the expiry of the fifth
    and the tenth year after the entry into force of this Convention, and at such
    other times within that time period as may be decided upon, convene in special
    sessions to undertake reviews of the operation of this Convention. Such
    reviews shall take into account any relevant scientific and technological
    developments. At intervals of five years thereafter, unless otherwise decided
    upon, further sessions of the Conference shall be convened with the same
    objective.

    C. THE EXECUTIVE COUNCIL

    Composition, procedure and decision-making

    23. The Executive Council shall consist of 41 members. Each State Party shall
    have the right, in accordance with the principle of rotation, to serve on the
    Executive Council. The members of the Executive Council shall be elected by
    the Conference for a term of two years. In order to ensure the effective
    functioning of this Convention, due regard being specially paid to equitable
    geographical distribution, to the importance of chemical industry, as well as
    to political and security interests, the Executive Council shall be composed
    as follows:

    (a) Nine States Parties from Africa to be designated by States Parties
    located in this region. As a basis for this designation it is understood that,
    out of these nine States Parties, three members shall, as a rule, be the
    States Parties with the most significant national chemical industry in the
    region as determined by internationally reported and published data; in
    addition, the regional group shall agree also to take into account other
    regional factors in designating these three members;

    (b) Nine States Parties from Asia to be designated by States Parties located
    in this region. As a basis for this designation it is understood that, out of
    these nine States Parties, four members shall, as a rule, be the States
    Parties with the most significant national chemical industry in the region as
    determined by internationally reported and published data; in addition, the
    regional group shall agree also to take into account other regional factors in
    designating these four members;

    (c) Five States Parties from Eastern Europe to be designated by States
    Parties located in this region. As a basis for this designation it is
    understood that, out of these five States Parties, one member shall, as a
    rule, be the State Party with the most significant national chemical industry
    in the region as determined by internationally reported and published data; in
    addition, the regional group shall agree also to take into account other
    regional factors in designating this one member;

    (d) Seven States Parties from Latin America and the Caribbean to be
    designated by States Parties located in this region. As a basis for this
    designation it is understood that, out of these seven States Parties, three
    members shall, as a rule, be the States Parties with the most significant
    national chemical industry in the region as determined by internationally
    reported and published data; in addition, the regional group shall agree also
    to take into account other regional factors in designating these three
    members;

    (e) Ten States Parties from among Western European and other States to be
    designated by States Parties located in this region. As a basis for this
    designation it is understood that, out of these 10 States Parties, 5 members
    shall, as a rule, be the States Parties with the most significant national
    chemical industry in the region as determined by internationally reported and
    published data; in addition, the regional group shall agree also to take into
    account other regional factors in designating these five members;

    (f) One further State Party to be designated consecutively by States Parties
    located in the regions of Asia and Latin America and the Caribbean. As a basis
    for this designation it is understood that this State Party shall be a
    rotating member from these regions.

    24. For the first election of the Executive Council 20 members shall be
    elected for a term of one year, due regard being paid to the established
    numerical proportions as described in paragraph 23.

    25. After the full implementation of Articles IV and V the Conference may,
    upon the request of a majority of the members of the Executive Council, review
    the composition of the Executive Council taking into account developments
    related to the principles specified in paragraph 23 that are governing its
    composition.

    26. The Executive Council shall elaborate its rules of procedure and submit
    them to the Conference for approval.

    27. The Executive Council shall elect its Chairman from among its members.

    28. The Executive Council shall meet for regular sessions. Between regular
    sessions it shall meet as often as may be required for the fulfilment of its
    powers and functions.

    29. Each member of the Executive Council shall have one vote. Unless otherwise
    specified in this Convention, the Executive Council shall take decisions on
    matters of substance by a two-thirds majority of all its members. The
    Executive Council shall take decisions on questions of procedure by a simple
    majority of all its members. When the issue arises as to whether the question
    is one of substance or not, that question shall be treated as a matter of
    substance unless otherwise decided by the Executive Council by the majority
    required for decisions on matters of substance.

    Powers and functions

    30. The Executive Council shall be the executive organ of the Organization. It
    shall be responsible to the Conference. The Executive Council shall carry out
    the powers and functions entrusted to it under this Convention, as well as
    those functions delegated to it by the Conference. In so doing, it shall act
    in conformity with the recommendations, decisions and guidelines of the
    Conference and assure their proper and continuous implementation.

    31. The Executive Council shall promote the effective implementation of, and
    compliance with, this Convention. It shall supervise the activities of the
    Technical Secretariat, cooperate with the National Authority of each State
    Party and facilitate consultations and cooperation among States Parties at
    their request.

    32. The Executive Council shall:

    (a) Consider and submit to the Conference the draft programme and budget of
    the Organization;

    (b) Consider and submit to the Conference the draft report of the
    Organization on the implementation of this Convention, the report on the
    performance of its own activities and such special reports as it deems
    necessary or which the Conference may request;

    (c) Make arrangements for the sessions of the Conference including the
    preparation of the draft agenda.

    33. The Executive Council may request the convening of a special session of
    the Conference.

    34. The Executive Council shall:

    (a) Conclude agreements or arrangements with States and international
    organizations on behalf of the Organization, subject to prior approval by the
    Conference;

    (b) Conclude agreements with States Parties on behalf of the Organization in
    connection with Article X and supervise the voluntary fund referred to in
    Article X;

    (c) Approve agreements or arrangements relating to the implementation of
    verification activities, negotiated by the Technical Secretariat with States
    Parties.

    35. The Executive Council shall consider any issue or matter within its
    competence affecting this Convention and its implementation, including
    concerns regarding compliance, and cases of non-compliance, and, as
    appropriate, inform States Parties and bring the issue or matter to the
    attention of the Conference.

    36. In its consideration of doubts or concerns regarding compliance and cases
    of non-compliance, including, inter alia, abuse of the rights provided for
    under this Convention, the Executive Council shall consult with the States
    Parties involved and, as appropriate, request the State Party to take measures
    to redress the situation within a specified time. To the extent that the
    Executive Council considers further action to be necessary, it shall take,
    inter alia, one or more of the following measures:

    (a) Inform all States Parties of the issue or matter;

    (b) Bring the issue or matter to the attention of the Conference;

    (c) Make recommendations to the Conference regarding measures to redress the
    situation and to ensure compliance.

    The Executive Council shall, in cases of particular gravity and urgency, bring
    the issue or matter, including relevant information and conclusions, directly
    to the attention of the United Nations General Assembly and the United Nations
    Security Council. It shall at the same time inform all States Parties of this
    step.

    D. THE TECHNICAL SECRETARIAT

    37. The Technical Secretariat shall assist the Conference and the Executive
    Council in the performance of their functions. The Technical Secretariat shall
    carry out the verification measures provided for in this Convention. It shall
    carry out the other functions entrusted to it under this Convention as well as
    those functions delegated to it by the Conference and the Executive Council.

    38. The Technical Secretariat shall:

    (a) Prepare and submit to the Executive Council the draft programme and
    budget of the Organization;

    (b) Prepare and submit to the Executive Council the draft report of the
    Organization on the implementation of this Convention and such other reports
    as the Conference or the Executive Council may request;

    (c) Provide administrative and technical support to the Conference, the
    Executive Council and subsidiary organs;

    (d) Address and receive communications on behalf of the Organization to and
    from States Parties on matters pertaining to the implementation of this
    Convention;

    (e) Provide technical assistance and technical evaluation to States Parties
    in the implementation of the provisions of this Convention, including
    evaluation of scheduled and unscheduled chemicals.

    39. The Technical Secretariat shall:

    (a) Negotiate agreements or arrangements relating to the implementation of
    verification activities with States Parties, subject to approval by the
    Executive Council;

    (b) Not later than 180 days after entry into force of this Convention,
    coordinate the establishment and maintenance of permanent stockpiles of
    emergency and humanitarian assistance by States Parties in accordance with
    Article X, paragraphs 7 (b) and (c). The Technical Secretariat may inspect the
    items maintained for serviceability. Lists of items to be stockpiled shall be
    considered and approved by the Conference pursuant to paragraph 21(i) above;

    (c) Administer the voluntary fund referred to in Article X, compile
    declarations made by the States Parties and register, when requested,
    bilateral agreements concluded between States Parties or between a State Party
    and the Organization for the purposes of Article X.

    40. The Technical Secretariat shall inform the Executive Council of any
    problem that has arisen with regard to the discharge of its functions,
    including doubts, ambiguities or uncertainties about compliance with this
    Convention that have come to its notice in the performance of its verification
    activities and that it has been unable to resolve or clarify through its
    consultations with the State Party concerned.

    41. The Technical Secretariat shall comprise a Director-General, who shall be
    its head and chief administrative officer, inspectors and such scientific,
    technical and other personnel as may be required.

    42. The Inspectorate shall be a unit of the Technical Secretariat and shall
    act under the supervision of the Director-General.

    43. The Director-General shall be appointed by the Conference upon the
    recommendation of the Executive Council for a term of four years, renewable
    for one further term, but not thereafter.

    44. The Director-General shall be responsible to the Conference and the
    Executive Council for the appointment of the staff and the organization and
    functioning of the Technical Secretariat. The paramount consideration in the
    employment of the staff and in the determination of the conditions of service
    shall be the necessity of securing the highest standards of efficiency,
    competence and integrity. Only citizens of States Parties shall serve as the
    Director-General, as inspectors or as other members of the professional and
    clerical staff. Due regard shall be paid to the importance of recruiting the
    staff on as wide a geographical basis as possible. Recruitment shall be guided
    by the principle that the staff shall be kept to a minimum necessary for the
    proper discharge of the responsibilities of the Technical Secretariat.

    45. The Director-General shall be responsible for the organization and
    functioning of the Scientific Advisory Board referred to in paragraph 21 (h).
    The Director-General shall, in consultation with States Parties, appoint
    members of the Scientific Advisory Board, who shall serve in their individual
    capacity. The members of the Board shall be appointed on the basis of their
    expertise in the particular scientific fields relevant to the implementation
    of this Convention. The Director-General may also, as appropriate, in
    consultation with members of the Board, establish temporary working groups of
    scientific experts to provide recommendations on specific issues. In regard to
    the above, States Parties may submit lists of experts to the Director-General.

    46. In the performance of their duties, the Director-General, the inspectors
    and the other members of the staff shall not seek or receive instructions from
    any Government or from any other source external to the Organization. They
    shall refrain from any action that might reflect on their positions as
    international officers responsible only to the Conference and the Executive
    Council.

    47. Each State Party shall respect the exclusively international character of
    the responsibilities of the Director-General, the inspectors and the other
    members of the staff and not seek to influence them in the discharge of their
    responsibilities.

    E. PRIVILEGES AND IMMUNITIES

    48. The Organization shall enjoy on the territory and in any other place under
    the jurisdiction or control of a State Party such legal capacity and such
    privileges and immunities as are necessary for the exercise of its functions.

    49. Delegates of States Parties, together with their alternates and advisers,
    representatives appointed to the Executive Council together with their
    alternates and advisers, the Director-General and the staff of the
    Organization shall enjoy such privileges and immunities as are necessary in
    the independent exercise of their functions in connection with the
    Organization.

    50. The legal capacity, privileges, and immunities referred to in this Article
    shall be defined in agreements between the Organization and the States Parties
    as well as in an agreement between the Organization and the State in which the
    headquarters of the Organization is seated. These agreements shall be
    considered and approved by the Conference pursuant to paragraph 21 (i).

    51. Notwithstanding paragraphs 48 and 49, the privileges and immunities
    enjoyed by the Director-General and the staff of the Technical Secretariat
    during the conduct of verification activities shall be those set forth in Part
    II, Section B, of the Verification Annex.


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