In forceUpdated to 1 Nov 2021Read it in Bahasa Malaysia

Contents

Chemical Weapons Convention Act 2005 · Updated to 1 Nov 2021 · Part V · International Inspection

39. Inspection

(1)

Subject to this Act, an International Inspector may, at any reasonable time and consistent with the provisions of this Act and the

Convention—

(a)

enter any facility in Malaysia—

(i)

in respect of which declaration has been made under

Part IV;

(ii)

that is subject to an on-site challenge inspection referred to in paragraph 8 of Article IX of the

Convention; or

(iii)

in respect of which an investigation under paragraph 9 of Article X of the Convention has been initiated;

(b)

carry out inspection at the facility in a manner consistent with the provisions of this Act and the Convention; and

(c)

install, use and maintain, where appropriate, in respect of any such facility monitoring instruments, systems and seals in a manner consistent with the provisions of this Act and the Convention.

Chemical Weapons Convention 33

(2)

Any International Inspector shall, upon being requested by the owner or person in charge of a facility to be inspected by the

International Inspector, produce the certificate to that person for verification of his identity.

(3)

While carrying out a challenge inspection, an International

Inspector may be accompanied by an observer for the purpose of giving effect to paragraph 12 of Article IX of the Convention.

Terms defined in s 3

challenge inspection
Defined · s 3
“challenge inspection” means the inspection of any facility or location in Malaysia or in any other place under the jurisdiction or control of Malaysia requested by another State Party pursuant to paragraphs 8 to 25 of Article IX of the Convention;
Open s 3
Convention
Defined · s 3
“Convention” means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction;
Open s 3
facility
Defined · s 3
“facility” means any industrial site which comprises any of the following: (a) any works or factory (“plant site”) which is the local integration of one or more plants with any intermediate administrative levels, which are under one operational control, and includes common infrastructure, such as— (i) administration and other offices; (ii) repair and maintenance shops; (iii) medical centres; (iv) utilities; (v) central analytical laboratories; (vi) research and development laboratories; (vii) central effluent and waste treatment areas; and (viii) warehouse storage areas; (b) any production facility or workshop (“plant”) which is a relatively self-contained area, structure or building containing one or more units with auxiliary and associated infrastructure, such as— (i) a small administrative section; (ii) storage or handling areas for feedstock and products; (iii) an effluent or waste handling or treatment area; (iv) a control or analytical laboratory; (v) a first aid service section or a related medical section; and (vi) records associated with the movement into, around and from the site, of declared chemicals and feedstock or products formed from them, as appropriate; (c) any production unit or process unit (“unit”) which is the combination of items of equipment, including vessels and vessel set up, necessary for the production, processing or consumption of a chemical;
Open s 3
International Inspector
Defined · s 3
“International Inspector” means a person who holds a certificate issued by the Minister under subsection 38(2); Chemical Weapons Convention 9
Open s 3
observer
Defined · s 3
“observer” means a representative of a requesting State Party to the Convention or a third State Party to the Convention present in Malaysia to observe a challenge inspection;
Open s 3
this Act
Defined · s 3
“this Act” includes any subsidiary legislation made under this Act;
Open s 3

Report

Read on from s 40

Part VI

Enforcement

Read on from Part VI

Part VII

Miscellaneous

Read on from Part VII