	CWC Ratification and Implementation

		Ratifying Legislation (S.Res.75, 105th Congress)

The United States signed the Chemical Weapons Convention in the last days of the first Bush Administration (1/13/93), and the Convention was submitted to the Senate for its advice and consentin the midst of the 103rd Congress (11/23/93). Prohibits transfer of inspection samples collected in the United States tolaboratories outside the United States. Implementing Legislation (P.L. 105-277 ; 22 USC 75)
The implementing legislation sets criminal and civil penalties for the development, production, acquisition, stockpiling, transfer, possession, or use of chemical weapons. It also establishes: 1) procedures for seizure, forfeiture, and destruction ofcontraband chemical weapons; 2) statutory authority for record-keeping and reporting requirementsrelevant to the CWC; 3) various restrictions on certain chemicals, depending on their likelihood ofbeing used to produce chemical weapons; and 4) a protective regime for confidential businessinformation gathered from private corporations. It also provides detailed procedures to be used foron-site inspections by the OPCW, including limitations on access and search warrant procedures,should they be required. Sections 237 -- grants the President the right to deny a request forinspection if it "may cause a threat to U.S. national security interests." Provisions of the Chemical Weapons Convention

More than 100 years of international efforts to ban chemical weapons culminated January 13,1993, in the signing of the Chemical Weapons Convention (CWC). The CWC bans the development,production, stockpiling, and use of chemical weapons (CW) by its states parties. The Convention provides the mostextensive and intrusive verification regime of any arms control treaty, extending its coverage to notonly governmental but also civilian facilities. The Convention also requires export controls andreporting requirements on chemicals that can be used as warfare agents and their precursors. Administratively, the Convention established the Organization for the Prohibition of Chemical Weapons (OPCW), located in The Hague, Netherlands, to oversee the Convention's implementation. Both the United states and Russia haveapplied for and been granted extensions. These chemical Schedules are to be updated as needed by the OPCW TechnicalSecretariat. Universality

How many nations are willing to ratify the CWC and, more importantly, which nations are not? Chemical Weapons Stockpiles and Facilities Destruction

The CWC mandates the destruction of all chemical weapons stockpiles and production facilities within 10 years of the Convention's coming into force (i.e. Even with foreign assistance, Russia will not be able to meet CWC destruction deadlines.
More than 100 years of international efforts to ban chemical weapons culminated January 13, 1993, in the signing of the Chemical Weapons Convention (CWC). The Convention entered intoforce April 29, 1997. One hundred fifty-three of the 178 signatories have ratified the Convention. On April 24, 1997, the Senate passed the CWC resolution of ratification ( S.Res. 75 ,105th Congress) by a vote of 74-26. President Clinton signed the resolution and the United Statesbecame the 75th nation to ratify the CWC Convention, and Congress retains a continuing oversightrole in its implementation.
The CWC bans the development, production, stockpiling, and use of chemical weapons by members signatories. It also requires the destruction of all chemical weapons stockpiles andproduction facilities. Neither the United States nor Russia will be able to meet the original CWC'sdeadlines for destruction of their CW stockpiles, and have been granted extensions to at least 2012. The Convention provides the most extensive and intrusive verification regime of any arms controltreaty, extending its coverage to not only governmental but also civilian facilities. The Conventionalso requires export controls and reporting requirements on chemicals that can be used as warfareagents and their precursors. The CWC establishes the Organization for the Prohibition of ChemicalWeapons (OPCW) to oversee the Convention's implementation.
Chemical Weapons Convention implementing legislation ( P.L. 105-277 ) provides the statutory authority for domestic compliance with the Convention's provisions. It sets criminal and civilpenalties for the development, production, acquisition, stockpiling, transfer, possession, or use ofchemical weapons. It also establishes: 1) procedures for seizure, forfeiture, and destruction ofcontraband chemical weapons; 2) statutory authority for record-keeping and reporting requirementsrelevant to the CWC; 3) various restrictions on certain chemicals, depending on their likelihood ofbeing used to produce chemical weapons; and 4) a protective regime for confidential businessinformation gathered from private corporations. The legislation also provides detailed proceduresto be used for on-site inspections by the OPCW, including limitations on access and search warrantprocedures, should they be required.
CWC advocates continue to express concerns over so-called "treaty-breaking "sections of the implementing legislation, and lobby for their amendment. Of particular concern are provisions thatallow the President to block challenge inspections, and that prohibit the OPCW inspectors fromsending chemical samples outside the United States for analysis. These provisions are intended toprotect U.S. national security interests and proprietary commercial information. CWC supporters,however, believe that blocking a challenge inspection violates a basic premise of the convention, andthat forcing inspectors' analysis to be conducted within the United States undermines confidence inthe verification regime. These provisions may also provide an excuse for other nations to adoptsimilar positions. This report will be updated as events warrant.