1. For the purposes of this Article, "Assistance" means the coordination and delivery to States Parties of protection against chemical weapons, including, inter alia, the
following: detection equipment and alarm systems; protective equipment;
decontamination equipment and decontaminants; medical antidotes and
treatments; and advice on any of these protective measures.
2. Nothing in this Convention shall be interpreted
as impeding the right of any State Party to conduct research into,
develop, produce, acquire, transfer or use means of protection against
chemical weapons, for purposes not prohibited under this Convention.
3. Each State Party undertakes to facilitate, and
shall have the right to participate in, the fullest possible exchange of
equipment, material and scientific and technological information
concerning means of protection against chemical weapons.
4. For the purposes of increasing the transparency
of national programmes related to protective purposes, each State Party
shall provide annually to the Technical Secretariat information on its
programme, in accordance with procedures to be considered and approved
by the Conference pursuant to Article VIII, paragraph 21 (i).
5. The Technical Secretariat
shall establish, not later than 180 days after entry into force of this
Convention and maintain, for the use of any requesting State Party, a
data bank containing freely available information concerning various
means of protection against chemical weapons as well as such information
as may be provided by States Parties.
The Technical Secretariat shall also, within the
resources available to it, and at the request of a State Party, provide
expert advice and assist the State Party in identifying how its
programmes for the development and improvement of a protective capacity
against chemical weapons could be implemented.
6. Nothing in this Convention shall be interpreted
as impeding the right of States Parties to request and provide
assistance bilaterally and to conclude individual agreements with other
States Parties concerning the emergency procurement of assistance.
7. Each State Party
undertakes to provide assistance through the Organization and to this
end to elect to take one or more of the following measures:
(a) To contribute to the voluntary fund for assistance to be established by the Conference at its first session;
(b) To conclude, if possible not later than 180 days
after this Convention enters into force for it, agreements with the
Organization concerning the procurement, upon demand, of assistance;
(c) To declare, not later than 180 days after this
Convention enters into force for it, the kind of assistance it might
provide in response to an appeal by the Organization. If, however, a
State Party subsequently is unable to provide the assistance envisaged
in its declaration, it is still under the obligation to provide
assistance in accordance with this paragraph.
8.
Each State Party has the right to request and, subject to the
procedures set forth in paragraphs 9, 10 and 11, to receive assistance
and protection against the use or threat of use of chemical weapons if
it considers that:
(a) Chemical weapons have been used against it;
(b) Riot control agents have been used against it as a method of warfare; or
(c) It is threatened by actions or activities of any State that are prohibited for States Parties by Article I.
9. The request, substantiated by relevant information, shall be submitted to the Director-General, who shall transmit it immediately to the Executive Council
and to all States Parties. The Director-General shall immediately
forward the request to States Parties which have volunteered, in
accordance with paragraphs 7 (b) and (c), to dispatch emergency
assistance in case of use of chemical weapons or use of riot control
agents as a method of warfare, or humanitarian assistance in case of
serious threat of use of chemical weapons or serious threat of use of
riot control agents as a method of warfare to the State Party concerned
not later than 12 hours after receipt of the request. The
Director-General shall initiate, not later than 24 hours after receipt
of the request, an investigation in order to provide foundation for
further action. He shall complete the investigation within 72 hours and
forward a report to the Executive Council. If additional time is
required for completion of the investigation, an interim report shall be
submitted within the same time-frame. The additional time required for
investigation shall not exceed 72 hours. It may, however, be further
extended by similar periods. Reports at the end of each additional
period shall be submitted to the Executive Council. The investigation
shall, as appropriate and in conformity with the request and the
information accompanying the request, establish relevant facts related
to the request as well as the type and scope of supplementary assistance
and protection needed.
10. The Executive Council shall meet not later than
24 hours after receiving an investigation report to consider the
situation and shall take a decision by simple majority within the
following 24 hours on whether to instruct the Technical Secretariat to
provide supplementary assistance. The Technical Secretariat shall
immediately transmit to all States Parties and relevant international
organizations the investigation report and the decision taken by the
Executive Council. When so decided by the Executive Council, the
Director-General shall provide assistance immediately. For this purpose,
the Director-General may cooperate with the requesting State Party,
other States Parties and relevant international organizations. The
States Parties shall make the fullest possible efforts to provide
assistance.
11. If the information available from the ongoing
investigation or other reliable sources would give sufficient proof that
there are victims of use of chemical weapons and immediate action is
indispensable, the Director-General shall notify all States Parties and
shall take emergency measures of assistance, using the resources the
Conference has placed at his disposal for such contingencies. The
Director-General shall keep the Executive Council informed of actions
undertaken pursuant to this paragraph.