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South Africa Act or statute

Parliament of the Republic of South Africa

Explosives Amendment Act

This text notifies that the President assented to the Act and that it is published for general information. This section amends Section 1 of the Explosives Act, 1956 by adding definitions for Convention, detection agent,…

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Jurisdiction
South Africa
Structure
38 provisions
Citation
Act 83 of 1997
Dates
updated 10 Dec 1997
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Dates
updated 10 Dec 1997

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01

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“This text notifies that the President assented to the Act and that it is published for general information.”

This text notifies that the President assented to the Act and that it is published for general information. This section amends Section 1 of the Explosives Act, 1956 by adding definitions for Convention, detection agent, marked, and plastic explosive. This section bans most handling of unmarked plastic explosives, with limited exceptions, and requires some holders to report existing stock to the chief inspector. This section amends section 31 of the principal Act by replacing words so that a new exception referring to section 8A is inserted. This section amends section 32 by replacing subsection 15(1) and provides that the laws in the Schedule are repealed to the extent stated in the Schedule.

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December 1997 No. 1639.

This text notifies that the President assented to the Act and that it is published for general information.

Section 10

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Provision 20Amendment 12Commencement 2Substitution
§ 10December 1997 No. 1639.Amendment

This text notifies that the President assented to the Act and that it is published for general information.

10 December 1997 No. 1639. I 10 Desember 1997 It is hereb} notified that the President has assented to the following Act which is hereby published for general information:— Hierby word bekend .gemaak dat die President s) goedkeuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:- No. 83 of 1997: Explosives Amendment Act, 1997. No. 83 van 1997: Wysigingswet OP Ontplofbare Stowwe. 1997. 2 No. 18499 Act No. 83.1997 GOVERNMENT GAZEIT’E. 10 DECEMBER 1997 EXPLOSNES AMENDMENT ACT, 1997 GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. ACT To amend the Explosives Act, 1956, so as to give effect to the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, and for that purpose to impose a prohibition on certain acts relating to plastic explosives which are not marked with detection agents and to require certain persons to furnish the chief inspector of explosives with information in regard to plastic explosives; and to provide for incidental matters. (English text signed by the President. ) (Assented to 26 November 1997.) B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:— Amendment of section 1 of Act 26 of 1956, as amended by section 1 of Act 35 of 1975. section 1 of Act 5 of 1981 and section 1 of Act 178 of 1993
Section 10Verify source
§ 1Section 1 of the Explosives Act, 1956 (hereinafter referred to as the principal Act),Amendment

This section amends Section 1 of the Explosives Act, 1956 by adding definitions for Convention, detection agent, marked, and plastic explosive.

1. Section 1 of the Explosives Act, 1956 (hereinafter referred to as the principal Act), is hereby amended— (a) by the insertion after the definition of “blasting material” of the following definition: “ ‘Convention’ means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, which is set out in Schedule IJ”; (b) by the insertion after the definition of “danger buiIding” of the following 5 10 definition: “ ‘detection agent’ means any dete~tion agent included in the Technical Annex to the Convention;”; 15 (c) by the insertion after the definition of “manufacture” of the following definition: “ ‘marked’, in relation to a plastic explosive, means the introduction of a detection agent into the plastic explosive in accordance with the Technical Annex to the Convention;”; and . (d) bv the insertion after the definition of “Minister” of the following definition: ‘< ‘Jlastic explosive’ means any explosive in flexible or elasti~ sheet form which— (a) is formulated with one or more high explosives which in their pure form have a vapour pressure of less than 10-4 Pa ~t a temperature of 25° c; Z() 25 4 ~0. 18499 Act No. 83, 1997 GOVERNMENT GAZEITE. 10 DECEMBER 1997 EXPLOSIVES AMENDMENT ACT. 1997 (b) is formulated with arty binder material; and (C) is. as a mixture. malleable or flexible at normal room temperature;”. I Insertion of sections 8A and 8B in Act 26 of 1956
Section 1Verify source
§ 2The following sections are hereby inserted after section 8 of the principal Act:Commencement

This section bans most handling of unmarked plastic explosives, with limited exceptions, and requires some holders to report existing stock to the chief inspector.

2. The following sections are hereby inserted after section 8 of the principal Act: “Prohibited acts relating to plastic explosives which are not marked 5 with detection agents 8A. (1) AS from the date of’ commencement of the Explosives Amendment Act. 1997, no person shall manufacture, transship. import. keep. store. possess. transfer, sell, supply, transmit or export any plastic explosive which is not marked with a detection agent. (2) Subject to the other provisions of this Act. the provisions of subsection ( 1) shall not apply in respect of— (a) the keeping, stomge, possession, transfer. selling or supply of any plastic explosive which is not marked with a detection agent and which was manufactured in, or imported into, the Republic immedi- ately prior to the date of commencement of the Explosives .Amend- ment Act, 1997, by any person for a period not exceeding three years as from the said date; (b) the transshipment, importation, keeping, storage or possession of any plastic explosive which is not marked with a detection agent. or the keeping, storage, possession. transmission or exportation of any plastic explosive which is not marked with a detection agent and which was manufactured in. or imported into, the Republic immedi- ately prior to the said date, by or on behaIf of an organ of State performing military or police functions for a period not exceeding 15 years as from the said date; (c) the manufacturing, keeping, storage, possession. transfer. selling or supply of any plastic explosive which is not marked with a detection ~gen[— (i) solely for use in— (m) the research. development or testing of new or modified explosives: (bb) the training in the detection of explosives; or (cc) the development or testing of equipment for the detection of explosives; or (ii) solely for forensic science purposes. and in such quantities and under such conditions as may be prescribed in writing by the chief inspector of explosives appointed under section 2(1); or (J) the manufacturing, keeping, storage, possession, transfer, selling or supply of any plastic explosive which is not marked with a detection agent and which is intended to be incorporated, and is incorporated, as an integral part of any military device within the Republic for a period not exceeding three years as from the said date. (3) Any person who contravenes a provision of this section shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years, and the plastic explosive in respect of which the contravention has taken place shall be forfeited to the State. 10 [5 20 ?5 10 35 K) 15 Furnishing chief inspector of explosives with information in regard to plastic explosives 50 8B. (l) Anyp erson, except the State or any organ of State, who or which has in his, her or its possession or custody or under his, her or its control any 1 plastic explosive on the date of commencement of the Explosive\ Amendment Act. 1997, shall furnish the chief inspector of explosives appointed under section 2(1) in writing within 120 days as from the said 55 6 No, 18499 Act No. 83.1997 GOVERNMENT GAZETI’E. 10 DECEMBER 1997 EXPLOSIVES AMENDMENT ACT. 1997 date with information regarding the quantity of plastic explosive in his. her or its possession or custody or under his, her or its control on the said date, the manufacturer or importer thereof. any marks of identification thereon and whether it is marked with a detection agent or not. (~) AnY person who fails to comply with a provision of subsection (1) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years. ‘“. 5 Amendment of section 31 of Act 26 of 1956, as amended by section 1 of Act 79 of 1962, section 12 of Act 46 of 1964 and section 11 of Act 5 of 1981
Section 2Verify source
§ 3Section31 of the principal Act is hereby amended by the substitution for the words 10Substitution

This section amends section 31 of the principal Act by replacing words so that a new exception referring to section 8A is inserted.

3. Section31 of the principal Act is hereby amended by the substitution for the words 10 preceding paragraph (a) of the following words: “[Nothing] Save as is otherwise provided in section 8A, nothing in this Act contained shall apply—”. Amendment of section 32 of Act 26 of 1956
Section 3Verify source
§ 4Section 32 of the principal Act is hereby amended by the substitution for subsection 15Repeal

This section amends section 32 by replacing subsection 15(1) and provides that the laws in the Schedule are repealed to the extent stated in the Schedule.

4. Section 32 of the principal Act is hereby amended by the substitution for subsection 15 (1) of the following subsection: “(1 ) Subject to the [provision] provisions of subsection (2). the laws mentioned in [the] Schedule ~ are hereby repealed to the extent set out in the third column [of the Schedule] thereof.”. Insertion of Schedtde 1 to Act in Act 26 of 1956
Section 4Verify source
§ 5Schedule 1 to this Act is hereby inserted after section 33 of the principal Act. theShort title

This provision inserts Schedule 1 after section 33 and renumbers the existing schedule as Schedule 2.

5. Schedule 1 to this Act is hereby inserted after section 33 of the principal Act. the existing Schedule becoming Schedule 2. Short title and commencement
Section 5Verify source
§ 6This Act shall be called the Explosives Amendment Act, 1997. and shall come intoCommencement

The Act starts when the President fixes a commencement date by proclamation in the Gazette. It also adds a convention that requires each State Party to stop unmarked explosives being manufactured or moved into or out of its territory.

6. This Act shall be called the Explosives Amendment Act, 1997. and shall come into operation on a date fixed by the President by proclamation in the Ga:ette. 25 8 NO. 18499 .Al!t No. 83, 1997 GOVERNMENT GAZETTE. 10 DECEMBER [997 EXPLOSIVES AMENDMENT ACT. 1997 SCHEDULE 1 (To be inserted as Schedule 1 to Act 26 of 1956) CONVENTION on the Marking of Plastic Explosives for the Purpose of Detection THE STATES PARTIES TO THIS CONVENTION, CONSCIOUS of the implications of acts of terrorism for international security; EXPRESSING deep concern regarding terrorist acts aimed at destruction of aircraft. other means of transportation and other targets: CONCERNED that plastic explosives have been used for such terrorist acts; CONSIDERING that the marking of such explosives for the purpose of detection would contribute significantly to the prevention of such unlawful acts; RECOGNIZING that, for the purpose of deterring such unlawful acts. there is an urgent need for an international instrument obliging States to adopt appropriate measures to ensure that plastic explosives at-e duly marked: CONSIDERING United Nations Security Council Resolution 635 of 14 June 1989 and United Nations General Assembly Resolution 44/29 of 4 December 1989 urging the International Civil Aviation Organization to intensify its work on devising an international regime for the marking of plastic or sheet explosives for the purpose of detection: BEARING LN MIND Resolution A27-8 adopted unanimously by the 27th Session of the Assembly of the International Civil Aviation Organization which endorsed with the highest and overriding priority the preparation of a new international instrument regarding the m~king of p]astic or sheet explosives for the purpose of detection; NOTING with satisfaction the role played by the Council of the International Civil .Aviation Organization in the preparation of the Convention. as well as its willingness to assume functions related to its implementation: HAVE AGREED AS FOLLOWS: For the purposes of this Convention: Article I 1. “Explosives” mean explosive products, commonly known as “’plastic including explosives in flexible or elastic sheet form. as explosives”, described in the Technical Annex to this Convention. “-Detection agent” means a substance as-described in the Technical Annex to this Convention which is introduced into an explosive to render it detectable. 3. “Marking” means introducing into an explosive a detection agent in ?-. 4. accordance with the Technical Annex to this Convention. “manufacture” means any process, including reprocessing, that produces explosives. 5. ‘“Duly authorized military devices” include. but are not restricted to, shells. bombs. projectiles, mines, missiles. rockets, shaped charges, grenades and perforators manufactured exclusively for military or police purposes accord- ing to the laws and regulations of the State Party concerned. 10 NO. 18499 Act h’O. 83, 1997 GOVERNMENT GAZETTE. 10 DECEMBER 1997 EXPLOSIVES AMENDMENT ACT, 1997 6. “’Producer State” means any State in whose territory explosives are manufactured. Article II Each State Party shall take the necessary and effective measures to prohibit and prevent the manufacture in its territory of unmarked explosives. Article 111 1, Each State Party shall mke the necessary and effective measures to prohibit wrd prevent the movement into or out of its territory of unmarked explosives.
Section 6Verify source

Part

SCHEDULE 1

§ 2The preceding paragraph shall not apply in respect of movements. for purposes notProvision

State Parties must control unmarked explosives and may exempt certain military or police movements from the preceding rule.

2. The preceding paragraph shall not apply in respect of movements. for purposes not inconsistent with the objectives of this Convention. by authorities of a State Party performing military or police functions, of unmarked explosives under the control of that State Party in accordance with paragraph 1 of Article IV. Article IV i, Each State Party shall take the necessary measures to exercise strict and etfective control over the possession and transfer of possession of unmarked explosives which have been manufactured in or brought into its territory prior to the entry into force of this Convention in respect of that State, so as to prevent their diversion or use for purposes inconsistent with the objectives of this Convention.
Section 2Verify source
§ 2Each State Party shall take the necessary measures to ensure that all stocks of thoseProvision

Each State Party must take measures so certain explosive stocks are destroyed, consumed, or made permanently ineffective within three years.

2. Each State Party shall take the necessary measures to ensure that all stocks of those explosives referred to in paragraph 1 of this Article not held by its authorities performing military or police functions are destroyed or consumed for purposes not inconsistent with the objectives of this Convention, marked or rendered permanently ineffective. within a period of three years from the entry into force of this Convention in respect of that State.
Section 2Verify source
§ 3Each State Party shall take the necessary measures to ensure that all stocks of thoseProvision

Each State Party must take steps to destroy, consume, mark, or permanently disable certain explosive stocks held for military or police use.

3. Each State Party shall take the necessary measures to ensure that all stocks of those explosives referred to in paragraph 1 of this Article held by its authorities performing military or police functions and that are not incorporated as an integral part of duly authorized military devices are destroyed or consumed for purposes not inconsistent with the objectives of this Convention, marked or rendered permanently ineffective. within a period of fifteen years from the entry into force of this Convention in respect of that State.
Section 3Verify source
§ 4Each State Party shall take the necessary measures to ensure the destruction. asProvision

Each State Party must take necessary measures to destroy unmarked explosives found in its territory as soon as possible, except certain stocks used for military or police purposes.

4. Each State Party shall take the necessary measures to ensure the destruction. as soon as possible. in its territory of unmarked explosives which may be discovered therein and which are not referred to in the preceding paragraphs of this Article, other than stocks of unmarked explosives held by its authorities performing military or police functions and incorporated as an integral part of duly authorized military devices at the date of the entry into force of this Convention in respect of that State.
Section 4Verify source
§ 5Each State Party shall take the necessary measures to exercise strict and effectiveProvision

Each State Party must take measures to strictly control possession and transfer of certain explosives to prevent diversion or misuse.

5. Each State Party shall take the necessary measures to exercise strict and effective control over the possession and transfer of possession of the explosives referred to in paragraph II of Part 1 of the Technical Annex to this Convention, so as to prevent their diversion or use for purposes inconsistent with the objectives of this Convention.
Section 5Verify source
§ 6Each State Party shall take the necessary measures to ensure the destruction. asProvision

Each State Party must take measures to ensure unmarked explosives in its territory are destroyed as soon as possible.

6. Each State Party shall take the necessary measures to ensure the destruction. as soon as possible, in its territory of unmarked expl~sives manufactured since the coming into force of this Convention in respect of that State that are not incorporated as specified in paragraph 11 d) of Part 1 of the Technical Annex to this Convention, and of unmarked explosives which no longer fall within the scope of any other subparagraphs of the said paragraph II. Article V
Section 6Verify source
§ 1There is established by this Convention an International Explosives TechnicalAmendment

This provision establishes the International Explosives Technical Commission and sets its membership at 15 to 19 members.

1. There is established by this Convention an International Explosives Technical Commission (hereinafter referred to as “the Commission”) consisting of not less than fifteen nor more than nineteen members appointed by the Council of the International 1~ NO. 18499 .$ct No. 83, 1997 GOVERNMENT G.4ZHTE. 10 DECEMBEt7 1997 EXPLOSIVES AMENDMENT ACT, 1997 Civil Aviation Organization (hereinafter referred to as “the Council”) from among persons nominated by States Parties to this Convention.
Section 1Verify source
§ 2The members of the Commission shall be experts having direct and substantialProvision

Commission members must be experts with direct and substantial experience in explosives-related manufacture, detection, or research.

2. The members of the Commission shall be experts having direct and substantial experience in matters relating to the manufacture or detection of. or research in, explosives.
Section 2Verify source
§ 3Members of the Commission shall serve for a period of three years. and shall beProvision

Commission members serve for three years and may be reappointed.

3. Members of the Commission shall serve for a period of three years. and shall be eligible for reappointment.
Section 3Verify source
§ 4Sessions of the Commission shall be convened. at least once ~ year at theProvision

The Commission must hold sessions at least once a year, normally at ICAO headquarters, unless the Council directs or approves other places and times.

4. Sessions of the Commission shall be convened. at least once ~ year at the Headquarters of the International Civil Aviation Organization, or at such places and times as may be directed or approved by the Council.
Section 4Verify source
§ 5The Commission shall adopt its rules of procedure. subject to the approval of theProvision

The Commission must adopt its rules of procedure, subject to Council approval, and must evaluate technical developments relating to the manufacture, marking, and detection of explosives.

5. The Commission shall adopt its rules of procedure. subject to the approval of the Council. Article VI 1, The Commission shall evaluate technical developments relating to the manufac- ture. marking and detection of explosives.
Section 5Verify source
§ 2The Commission. through the Council. shall report its findings to the States PartiesProvision

The Commission must report its findings to the States Parties and the international organizations concerned, through the Council.

2. The Commission. through the Council. shall report its findings to the States Parties and international organizations concerned.
Section 2Verify source
§ 3Whenever necessmy. the Commission shall make recommendations to the CouncilProvision

The Commission must make recommendations to the Council when necessary and should try to decide on them by consensus; if there is no consensus, it decides by a two-thirds majority of its members.

3. Whenever necessmy. the Commission shall make recommendations to the Council for amendments to the Technical Annex to this Convention. The Commission shall endeavour to take its decisions on such recommendations by consensus. In the absence of consensus the Commission shall take such decisions by a two-thirds majority vote of its members.
Section 3Verify source
§ 4The Council may, on the recommendation of the Commission. propose to StatesProvision

The Council may propose amendments to the Technical Annex to this Convention, but only on the Commission’s recommendation.

4. The Council may, on the recommendation of the Commission. propose to States Parties amendments to the Technical Annex to this Convention. Article VII
Section 4Verify source
§ 1Any State Party may. within ninety days from the date of notification of a proposedAmendment

A State Party may send comments on a proposed amendment to the Council within 90 days; the Council must pass those comments to the Commission and invite commenting or objecting States Parties to consult the Commission.

1. Any State Party may. within ninety days from the date of notification of a proposed amendment to the Technical Annex to this Convention, transmit to the Council its comments. The Council shall communicate these comments to the Commission as soon as possible for its consideration. The Council shall invite any State Party which comments on, or objects to, the proposed amendment to consult the Commission.
Section 1Verify source
§ 2The Commission shall consider the views of States Parties made pursuant to theAmendment

The Commission must consider States Parties’ views and report to the Council. The Council may then propose the amendment for adoption by all States Parties, after considering the Commission’s report and related comments.

2. The Commission shall consider the views of States Parties made pursuant to the preceding paragraph, and report to the Council. The Council, after consideration of the Commission’s report and taking into account the nature of the amendment and the comments of States Parties, including producer States, may propose the amendment to all States Parties for adoption.
Section 2Verify source
§ 3If a proposed amendment has not been objected to by five or more States Parties byAmendment

A proposed amendment is treated as adopted if at least five States Parties do not object in writing to the Council within 90 days, and it then enters into force 180 days later or on another period set in the amendment.

3. If a proposed amendment has not been objected to by five or more States Parties by means of written notification to the Council within ninety days from the date of notification of the amendment by the Council, it shall be deemed to have been adopted, and shall enter into force one hundred and eighty days thereafter or after such other period as specified in the proposed amendment for States Parties not having expressly objected thereto.
Section 3Verify source
§ 4States Parties having expressly objected to the proposed amendment may,Amendment

States Parties that previously objected to a proposed amendment may later signal consent to be bound by depositing an instrument of acceptance or approval.

4. States Parties having expressly objected to the proposed amendment may, subsequently, by means of the deposit of an instrument of acceptance or approval. express their consent to be bound by the provisions of the amendment.
Section 4Verify source
§ 5If five or more States Parties have objected to the proposed amendment, theAmendment

If five or more States Parties object, the Council must refer the proposed amendment to the Commission.

5. If five or more States Parties have objected to the proposed amendment, the Council shall refer it to the Commission for further consideration.
Section 5Verify source
§ 6If the proposed amendment has not been adopted in accordance with paragraph 3Amendment

If the proposed amendment was not adopted under paragraph 3, the Council may convene a conference of all States Parties.

6. If the proposed amendment has not been adopted in accordance with paragraph 3 of this Article, the Council may also convene a conference of all States Parties. Article VIII
Section 6Verify source
§ 1States Parties shall, if possible, transmit to the Council information that wouldProvision

States Parties should, if possible, send information to the Council that would help the Commission carry out its functions under Article VI.

1. States Parties shall, if possible, transmit to the Council information that would assist the Commission in the discharge of its functions under paragraph 1 of Article VI.
Section 1Verify source
§ 2States Parties shall keep the Council informed of measures they have taken toProvision

States Parties must keep the Council informed about implementation measures, and the Council must share that information and take measures to help implement the Convention.

2. States Parties shall keep the Council informed of measures they have taken to implement the provisions of this Convention. The Council shall communicate such information to all States Parties and international organizations concerned. 14 yO. 18499 Act No. 83, 1997 GOVERNMENT GAZETTE. 10 DECEMBER 1997 EXPLOSIVES AMENDNIENT ACT. 1997 Article IX The Council shall, in co-operation with States Parties and international organizations concerned, take appropriate measures to facilitate the implementation of this Conven- tion. including the provision of technical assistance and measures for the exchange of information relating to technical developments in the marking and detection of explosives. Article X The Technical Annex to this Convention shall form an integral part of this Convention. Article XI
Section 2Verify source
§ 1Any dispute between two or more States Parties concerning the interpretation orInterpretation

If States Parties have a dispute about interpreting or applying the Convention and cannot settle it by negotiation, they must submit it to arbitration when one of them asks. If they still cannot agree on how to organize the arbitration within six months, any of those Parties may refer the dispute to the International Court of Justice.

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation shall. at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration. any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
Section 1Verify source
§ 2Each State Party may, at the time of signature. ratification, acceptance or approvalProvision

Each State Party may declare, when signing, ratifying, accepting, approving, or acceding, that it is not bound by the preceding paragraph; other States Parties are then not bound by that paragraph toward that reserving State Party.

2. Each State Party may, at the time of signature. ratification, acceptance or approval of this Convention. or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other States Parties shall not be bound by the preceding paragraph with respect to any State Party having made such a reservation.
Section 2Verify source
§ 3Any State Party having made a reservation in accordance with the precedingProvision

A State Party that already made a reservation may withdraw it by notifying the Depositary. Reservations to the Convention are otherwise not allowed, except where Article XI allows them.

3. Any State Party having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary. Article XII Except as provided in Article XI, no reservation may be made to this Convention. Article XIII
Section 3Verify source
§ 1This Convention shall be open for signature in Montreal on 1 March 1991 by StatesProvision

The Convention is open for signature first to participating States in Montreal on 1 March 1991, then to all States after that date, and non-signing States may accede later.

1. This Convention shall be open for signature in Montreal on 1 March 1991 by States participating in the International Conference on Air Law held at Montreal from I z Febmary to 1 March 1991. After 1 March 1991 the Convention shall be open to all States for signature at the Headquarters of the International Civil Aviation Organization in Montreal until it enters into force in accordance with paragraph 3 of this Article. .4ny State which does not sign this Convention may accede to it at any time.
Section 1Verify source
§ 2This Convention shall be subject to ratification, acceptance. approval or accessionProvision

States may ratify, accept, approve, or accede to the Convention, and they must deposit their instrument with the International Civil Aviation Organization and say whether they are a producer State.

2. This Convention shall be subject to ratification, acceptance. approval or accession by States. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated the Depositary. When depositing its instrument of ratification, acceptance, approval or accession. each State shall declare whether or not it is a producer State.
Section 2Verify source
§ 3This Convention shall enter into force on the sixtieth day following the date ofAmendment

This Convention enters into force 60 days after the required deposit event, subject to a producer-State condition; a different 60-day rule applies for other States.

3. This Convention shall enter into force on the sixtieth day following the date of deposit of the thirty-fifth instrument of ratification, acceptance, approval or accession with the Depositary, provided that no fewer than five such States have declared pursuant to paragraph 2 of this Article that they are producer States. Should thirty-five such instruments be deposited prior to the deposit of their instruments by five producer States. this Convention shall enter into force on the sixtieth day following the date of deposit of the instrument of ratification, acceptance, approval or accession of the fifth producer State. 4, For other States. this Convention shall enter into force sixty days following the date of deposit of their instruments of ratification. acceptance, approval or accession. !6 No. 18499 Act No. 83, 1997 GOVERNMENT GAZETTE. 10 DECEhlBER 1997 EXPLOSIVES AMENDMENT ACT. 1997
Section 3Verify source
§ 5As soon as this Convention comes into force. it shall be registered by theAmendment

The Depositary must register the Convention once it comes into force and must promptly notify signatories and States Parties of specified signatures, deposits, entry-into-force dates, denunciations, and declarations.

5. As soon as this Convention comes into force. it shall be registered by the Depositary pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago. 1944). Article XIV The Depositary shall promptly notify all signatories and States Parties of: 1. each signature of this Convention and date thereo~ -1-. each deposit of an instrument of ratification, acceptance. approval or accession and date thereof, giving special reference to whether the State has identified itself as a producer State; 3. the date of entry into force of this Convention; 4. the date of entry into force of any amendment to this Convention or its Technical Annex; 5. any denunciation made under Article XV: and 6. any declaration made under paragraph 2 of Article XI. Article XV
Section 5Verify source
§ 1Any State Party may denounce this Convention by written notification to theProvision

Any State Party may denounce the Convention by giving written notification to the Depositary.

1. Any State Party may denounce this Convention by written notification to the Depositary.
Section 1Verify source
§ 2Denunciation shall take effect one hundred and eighty days following the date onAmendment

Denunciation takes effect 180 days after notification is received by the Depositary.

2. Denunciation shall take effect one hundred and eighty days following the date on which notification is received by the Depositary. IN WITNESS WHEREOF the undersigned Plenipotentiaries. being duly authorized thereto by their Governments, have signed this Convention. DONE at Montreal, this first day of March, one thousand nine hundred and ninety-one. in one originai, drawn up in five authentic texts in the English. French. Russian. Spanish and Arabic languages. TECHNICAL ANNEX PART 1: DESCRIPTION OF EXPLOSIVES I. The explosives referred to in paragraph 1 of Article I of this Convention are those that: a) are formulated with one or more high ex Iosives which in their pure form have a vapour pressure of less than 10- Pa at a temperature of 25’ C; ? b) are formulated with a binder material: and c) are, as a mixture. malleable or flexible at normal room temperature. H. The following explosives. even though meeting the description of explosives in paragraph I of this Part, shall not be considered to be explosives as long as they continue to be held or used for the purposes specified below. or remain incorporated as there specified. namely those explosives that: a) are manufactured, or held, in limited quantities solely for use in duly authorized research, development or testing of new or modified explosives; b) are manufactured, or held, in lim”ited quantities solely for use in duly authorized training in explosives detection and/or development or testing of explosives detection equipment; are manufactured, or held, in limited quantities solely for duly authorized forensic science purposes; or c) d) are destined to be and are incorporated as an integral part of duly authorized military devices in the territory of the producer State within three years after the coming into force of this Convention in respect of that State. Such devices produced in this period of three years shall be deemed to be duly authorized military devices within paragraph 4 of Article IV of this Convention. 18 NO. 18-19~ ,\Ct No. 83, 1997 GOVERNMENT GAZE~E. 10 DECEMBER 1997 EXPLOSIVES AMENDMENT .\CT, 1997 11x. In this Pm: “duly authorized” in paragraph II u)* b) and c) means permitted restricted to. according to the laws and regulations of the State Party concerned: and “’high c yclotetrameth ylenetetraniwafine (PETN) and cyclotrimethylenettinitramine (RDX). (~~X)~pentae~thritol tetranitrate explosives” include, not P.4RT 2: DETECTION AGENTS set out in the following Table. A de~e(.[ion aaent is any one of those substances this Table are intended to be used to enhance the Detection agent: desctibed in detectability of explosives by vapour detection means. In each case, the mtroductlon ot shall be done in such a manner as to achieve a detection agent into an explosive homogeneous distribution in the finished product. The minimum concentration of a detection agent in the finished product at the time of manufacture shall be as shown in the said Table. Table Xame ,)f detection agent molecular formula “lole~ular weight E[hy [Sne :\)’col dinitr~[~ C: W (~o~~: (EGD>’) ~,~.Dime[h~l-~.3- ~inltrobutane (D~lNB ) ~ara-MOnonitrOtOl u~ne (p-MNTJ CfiH,z(NO~k C, H, NO: ~ ~nho. ~ononirrotolu~n~ c-H-NO: (()-\INT~ I 152 176 137 I 37 minimum wnCentra- tion IJz~, by rrlaSs 0,1% by mass 0,5~~ by mass (1.jr, by mass contains any of the Anv e~plosive which. as a result of its normal fo~ulation. designated detection agents at or above the required minimum concentration level shall be d~emed to be marked.
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4 referenced instruments

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A–F

1 instrument

  • Explosives Act, 1956

    Sections 1, 10

N–S

3 instruments

  • principal Act

    Section 3

  • Schedtde 1 to Act

    Section 4

  • State Party concerned. 10 NO. 18499 Act

    Section 6

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