Toxic Chemicals Prohibition Control Act, 2016

The Act comes into force upon assent by the President and publication in the gazette.

The Act applies to prohibited acts or omissions committed by persons on board Ugandan-registered or -possessed vessels and aircraft, by any person within Uganda's jurisdiction, and by Ugandan citizens or permanent residents outside Uganda; the Act binds the Government.

Uganda must comply with its obligations under the Convention.

This section provides definitions for terms used in the Act, including key terms such as "aircraft", "chemical weapons", "Convention", "precursor", and others.

The Convention set out in Schedule 2 to this Act shall have the force of law in Uganda, and rights, powers, liabilities, obligations, restrictions, remedies and procedures under the Convention shall be recognized, available in the law and be enforced in Uganda.

The Minister must designate the National Chemicals Regulatory Authority; the Permanent Secretary of the Ministry responsible for occupational safety and health shall be the Chairperson; the Minister may change membership by statutory instrument; the Authority must have a Secretariat appointed by the Chairperson.

The Authority must perform the listed functions related to liaison with the OPCW, supervision and enforcement of the Act and Convention, data gathering and reporting to the OPCW, facilitating inspections, registering relevant chemical industry actors, promoting safe chemical use, advising government bodies, approving facility agreements, and performing functions assigned by the Minister.

The National Authority may collaborate with other government agencies and international organisations when required for effective implementation of the Act and the Convention.

The acquisition, retention, in-country transfer, import, export and use of Schedule 1 chemicals is prohibited unless strictly limited to specified purposes; production is prohibited except in licensed facilities for those purposes; contravention by a person is an offence punishable by life imprisonment.

A person must not, without a licence from the Minister, develop, produce, acquire, stockpile or retain chemicals listed in Schedules 1, 2 or 3.

Persons must not transfer certain Convention chemicals to States not party without required licenses or end-user certificates; the Minister must set conditions and be guided by Verification Annex restrictions when granting licences; contravention is an offence with fines or imprisonment.

Using riot control agents as a method of warfare is an offence punishable on conviction by a fine not exceeding five thousand currency points or life imprisonment or both.

The National Authority, its agents, a national inspector or a member of the Uganda Police Force may seize or cause to be seized chemical weapons, quantities of chemical weapons as evidence, or books/documents/data/things that may be evidence for offences under this Act.

Authorized government officers and police may seize chemical weapons believed to be forfeited without a warrant; chemical weapons seized under section 14 must be stored by the ministry responsible for defence with appropriate safeguards pending disposal under the minister's instructions.

Subject to this Act, a person shall not engage in various activities involving chemical weapons, including developing, producing, acquiring, stockpiling, retaining, transferring, using, preparing to use, assisting others to engage in prohibited activity, using riot control agents as a method of warfare, designing or constructing production facilities, modifying facilities or materials for prohibited activity, or other activities prohibited under the Convention; contravention is an offence punishable by life imprisonment.

This Part aims to ensure that toxic chemicals and their precursors are handled only for purposes allowed by the Convention, that the National Authority knows about chemical dealings to enable Uganda’s periodic Convention declarations, and that Uganda can meet its Convention obligations.

Persons dealing with listed chemicals must notify the National Authority, keep records, prepare periodic reports in an approved form and submit them at intervals set by the Minister; refusal or failure to comply is an offence punishable by a fine up to one thousand currency points or imprisonment up to one year or both.

The National Authority may require persons to provide information or documents relevant to enforcement; the Minister may require particular documents within seven days; failure to comply is an offence punishable by a fine (up to one thousand currency points), imprisonment (up to one year), or both.

Persons handling or importing certain other toxic chemicals or precursors must provide sufficient information to the National Authority so it can confirm the activities are not prohibited under the Convention.

It is an offence for a person who prepares a document under this Part to make a statement or omit matter, knowing or being reckless that it makes the document false or misleading in a material particular.

Information given under this Act or the Convention about another person's affairs must be kept confidential and may be disclosed only with that person's consent or for specified purposes; contravening this section is an offence punishable by a fine not exceeding one hundred currency points or imprisonment not exceeding one year or both.

A person entitled under the Convention must receive the immunities and privileges described, in accordance with Ugandan law, the Convention, and any negotiated privileges and immunities Agreement.

A person must answer questions or provide information or documents under this Act or the Convention even if that might incriminate them; statements made under the Act or Convention cannot be used in criminal proceedings against that person except for perjury relating to the statement.

The Minister may make regulations by statutory instrument to carry the Act into effect; those regulations may prescribe penalties (fines and imprisonment) including higher or continuing contravention penalties.

The Minister may, by statutory instrument (and for Schedule 1 with Cabinet approval), amend Schedule 1; may amend Schedule 2 to update the Convention text; and may revoke and substitute Schedule 2 to set an up-to-date Convention text in accordance with changes to the Convention.

The provision states that the Government of Uganda is not to be held liable for acts or omissions of the Organisation.

Defines "inspection power" and "purposes of compliance" and lists the powers for inspections including entry, search, sampling, document examination, operating equipment, taking persons or equipment onto premises, questioning site operators and other necessary acts.

All listed toxic chemicals, their precursors, related facilities, other facilities producing discrete organic chemicals, and places specified in the Verification Annex are declared subject to verification measures provided for in the Convention.

Inspectors (national or international) may at reasonable times inspect places in Uganda and perform monitoring activities; persons covered by section 22 must permit those inspections and related activities.

An inspector designated under the Convention may, on short notice, enter Uganda to carry out an inspection consistent with the Convention.

The Minister may appoint national inspectors, on the advice of the National Authority, to ensure compliance under this Act.

An international inspector may be accompanied during inspections by an observer (to give effect to paragraph 12 of Article IX of the Convention), a national inspector appointed under section 25, or a member of the Uganda Police Force above the rank of Assistant Superintendent of Police.

The Minister may, by written notice, issue directions to any person to facilitate an inspection; a person who willfully fails to comply with such a direction commits an offence and is liable on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding two years or both.

The Minister may issue certificates that identify national inspectors, international inspectors, or others authorised to accompany or assist an international inspector under the Act.

Police members or national inspectors may apply for a search warrant when consent to inspect a place cannot be obtained; applicants must make inquiries about prior warrant applications and disclose the results on the application.

A search warrant is not required to authorise entry into a place or facility when the conditions for obtaining a warrant exist but exigent circumstances make obtaining one impractical.

When force is required to enter and inspect premises under a warrant, a representative of the National Authority or a national inspector accompanied by a member of the Uganda Police Force may use reasonable force in the circumstances.

Persons from the Uganda Police Force or national inspectors accompanying international inspectors must carry and produce identification, have and produce a warrant if required, give written notice to occupiers when no one is in charge specifying entry details, provide an inventory if things are seized, and report offences to the police as soon as possible.

Proprietors or persons in charge must cooperate with and support inspections; obstructing or deceiving an international or national inspector is an offence punishable by a fine up to one hundred currency points or imprisonment up to one year or both.

The proprietor or person in charge of a place to be inspected must meet the inspection expenses unless those expenses are refundable by the Organisation.

Applications for licences, permits or consents under this Act must be made to the Minister as prescribed by regulations, must be in writing and accompanied by an application fee prescribed by the Minister; the Minister must be guided by the Convention in Part VI of the Verification Annex when deciding whether to grant them.

If a Schedule 3 chemical is transferred to an importer in a State not party to the Convention and that importer is not the end-user, the importer must specify the name and address for the purposes of the transfer.