Uganda Act or statute

Parliament of Uganda

Toxic Chemicals Prohibition Control Act, 2016

Jurisdiction: Uganda
Structure: 42 provisions
Citation: Act 4 of 2016
Dates: As at 12 Feb 2016

More statute details

Dates: As at 12 Feb 2016

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

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

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.

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Preliminary - Commencement

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

Section 1

Prohibitions and offences related to chemical weapons - Prohibition of transfer of schedules 1, 2 and 3 chemicals and their precursors

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; con…

Section 12

Miscellaneous - Privileges and immunities

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.

Section 38

Inspections - Persons who may accompany international inspectors

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…

Section 26

End user certificates - End-user certificate

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.

Section 36

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Showing 42 of 42 provisions

Provision 22Offence 16Commencement 2Interpretation

Part I

Preliminary

§ 1Preliminary - CommencementCommencement

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

Section Commencement Section This Act shall come into force upon assent by the President and publication in the gazette.

Section 1Verify source

§ 2Preliminary - ApplicationProvision

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.

Section Application Section This Act applies to— acts or omissions prohibited by this Act and the Convention , which are committed by any person on board water vessels and aircrafts registered in, belonging to or in the possession of Uganda; acts or omissions prohibited under this Act and the Convention , which are committed by any person within the jurisdiction of Uganda; and acts or omissions prohibited under this Act and the Convention , which are committed by a Ugandan citizen or a permanent resident of Uganda outside Uganda. This Act binds the Government.

Section 2Verify source

§ 3Preliminary - Purpose of this ActProvision

Uganda must comply with its obligations under the Convention.

Section Purpose of this Act Section The purpose of this Act is to ensure that— Uganda complies with its obligations under the Convention ; and the exercise of the power or discretion or the performance of any duty or function authorised by this Act is not inconsistent with Uganda’s obligations under the Convention .

Section 3Verify source

§ 4Preliminary - InterpretationInterpretation

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

Section Interpretation Section In this Act, unless the context otherwise requires— " aircraft " means an aircraft registered in Uganda or belonging to or in the possession of Uganda; " chemical weapons " means the following, together or separately— (a) toxic chemicals and their precursors, except where intended for purposes not prohibited under the Convention , as long as the types and quantities are consistent with such purpose; (b) munitions and devices, specifically designed to cause death or harm through the toxic chemicals specified in paragraph (a), which would be released as a result of the use of those munitions and devices; or (c) any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in paragraph (b); " citizen " means a Ugandan residing in Uganda or outside Uganda; " Convention " means the Convention on the Prohibition of the Development, Production , Stockpiling and Use of Chemical Weapons and on Their Destruction adopted on 13th January 1993, and includes any amendments to that Convention or the Annexes that are, or will become binding on Uganda; " currency point " has the value of a currency point assigned to it in Schedule 1; " international inspection " means an inspection or visit earned out by international inspectors in accordance with the Convention ; " international inspector " means an individual designated by the Organisation according to the procedures set out in Part II, Section A, of the Verification Annex , to carry out an inspection or visit in accordance with the Convention , and includes an inspection assistant as defined under the Convention ; " minister " means the Minister responsible for occupational safety and health; " Organisation or OPCW " means the Organisation for the Prohibition of chemical Weapons established by Article VIII of the Convention ; " precursor " means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical and includes any key component of a binary or multi component chemical system; " purposes not prohibited under the Convention " means— (a) research, medical or pharmaceutical purposes; (b) industrial, agricultural, or other peaceful purposes; (c) protective purposes, namely those purposes directly related to protection against toxic chemicals and chemical weapons ; (d) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; and (e) law enforcement including domestic riot control purposes. " riot control agent " means any chemical not listed in Schedule 1, 2 or 3 to the Convention , which can produce rapidly in humans, sensory irritation or disabling physical effects which disappear within a short time following termination of exposure; " schedule 1, 2 and 3 chemicals " means those chemicals listed respectively in schedule 1, schedule 2 and schedule 3 of the Annex on Chemicals to the Convention , regardless of whether the chemical is pure or contained in a mixture; " State Party " means a State which has consented to be bound by the Convention and for which the Convention is in force; " toxic chemical " means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals and includes all chemicals, regardless of their origin or method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere; " Verification Annex " means the Annex on Implementation and Verification to the Convention ; " vessel " has the meaning assigned to it in the Convention . Terms and expressions used and not defined in this Act but defined in the Convention shall, unless the context otherwise requires, have the same meaning as in the Convention .

Section 4Verify source

§ 5Preliminary - Convention to have force of lawProvision

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.

Section Convention to have force of law Section The Convention set out in Schedule 2 to this Act shall have the force of law in Uganda. Without prejudice to the general effect of subsection (1), all rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Convention and all remedies and procedures from time to time provided by or under the Convention , shall be recognized and available in the law and be enforced in Uganda.

Section 5Verify source

Part II

Administration

§ 6Administration - The National AuthorityProvision

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.

Section The National Authority Section The Permanent Secretary of the Ministry responsible for occupational safety and health shall be the chairperson of the National Authority and the National Authority shall consist of representatives of— The Minister shall, designate an authority to be called the National Chemicals Regulatory Authority within the Ministry responsible for Occupational Safety and Health. the ministry responsible for foreign affairs; the ministry responsible for defence; the ministry responsible for internal affairs from the Directorate of Government Analytical Laboratories and the Uganda Police Force; the ministry responsible for agriculture, animal industry and fisheries; the Internal Security Organisation ; the ministry responsible for finance, from the Uganda Revenue Authority, Customs Division; the ministry responsible for trade, industry and cooperatives; the ministry responsible for health; the ministry responsible for justice; the National Environment Management Authority; the ministry responsible for education; Uganda National Metrological Authority; and any other organisation as the Minister may deem necessary. The Minister may, by statutory instrument, change the membership of the National Authority. The Authority shall have a Secretariat consisting of technical persons appointed by the Chairperson to assist in the day-to-day operations of the Authority.

Section 6Verify source

§ 7Administration - Functions of the AuthorityProvision

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.

Section Functions of the Authority Section The functions of the Authority are— to serve as the national focal point for effective liaison with the OPCW and other States Parties; to supervise and monitor the enforcement of this Act; to gather data to be reported in the initial and annual declarations to the OPCW and to report the data collected to OPCW; to supervise the implementation and enforcement of the Convention ; to provide OPCW and other States Parties with the relevant data and information to fulfil Uganda’s obligations under the Convention ; to facilitate and cooperate with inspections under the Convention , including accompanying OPCW inspectors on international routine inspections and challenge inspections as well as investigations of alleged use of Chemical Weapons ; to approve facility agreements; to establish a register of producers, importers, exporters, brokers and traders of scheduled and other toxic chemicals; to encourage research and development of safe and peaceful use of chemicals; to promote rational use of chemicals through appropriate trainings and sensitization; to provide advice and guidance to the government and other bodies concerned with chemical use and management; to establish a register of producers, importers, exporters, brokers and traders of chemicals of relevance to the Convention ; and to perform any other functions assigned to it by the Minister in relation to the Convention .

Section 7Verify source

§ 8Administration - Collaboration with other government institutions and international bodiesProvision

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

Section Collaboration with other government institutions and international bodies Section The National Authority may, to the extent required for the effective implementation of this Act and the Convention , collaborate with other government agencies, ministries, departments and agencies; and international organisations.

Section 8Verify source

Part III

Prohibitions and offences related to chemical weapons

§ 10Prohibitions and offences related to chemical weapons - General prohibition in relation to Schedule 1 chemicalsOffence

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.

Section General prohibition in relation to Schedule 1 chemicals Section The acquisition, retention, in-country transfer, import, export and use of Schedule 1 chemicals is prohibited unless the chemicals are exclusively applied to research, medical, pharmaceutical, agriculture or protective purposes and the types and quantities or chemicals are strictly limited to those which can be justified for such purposes. The production of Schedule 1 chemicals is prohibited unless carried out for research, medical, pharmaceutical, agriculture or protective purposes and in a facility licensed by the Minister in accordance with the Convention , this Act and the regulations made under this Act. A person who contravenes subsections (1) or (2) commits and offence and is liable on conviction to imprisonment for life. The activities referred to in subsections (1) and (2) are subject to prior declaration in accordance with regulations made under this Act.

Section 10Verify source

§ 11Prohibitions and offences related to chemical weapons - Prohibition of development, production and stockpiling of Schedules 1, 2 and 3 chemicalsOffence

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

Section Prohibition of development, production and stockpiling of Schedules 1, 2 and 3 chemicals Section A person shall not, without a licence granted by the Minister, develop, produce, acquire, stockpile or retain any chemical listed in Schedules 1, 2 or 3 of the of the Annex on toxic Chemicals of the Convention . A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for life.

Section 11Verify source

§ 12Prohibitions and offences related to chemical weapons - Prohibition of transfer of schedules 1, 2 and 3 chemicals and their precursorsOffence

Section Prohibition of transfer of schedules 1, 2 and 3 chemicals and their precursors Section The transfer of chemicals listed in schedule 1 to the Convention from or to a country not party to the Convention , including transit through such a country is prohibited. A person shall not transfer into Uganda or from Uganda, any chemical or precursor listed in Schedules 2 and 3 of the Convention to a State not party to the Convention without a license granted by the Minister. The Minister shall, by regulations, prescribe conditions for the transfer of chemicals listed in Schedules 2 and 3 to States not party to the Convention . A person shall not transfer to a State not party to the Convention , chemicals listed in Schedule 3 without first receiving an end-user certificate from a competent Government authority of the State not party to the Convention . In determining whether or not to grant a license under this section, the Minister shall be guided by the restrictions on transfer set out in Parts VI to VIII of the Verification Annex . A person who contravenes the provisions of this section commits an offence and is liable, on conviction to a fine not exceeding five thousand currency points or imprisonment not exceeding five years or both.

Section 12Verify source

§ 13Prohibitions and offences related to chemical weapons - Use of riot control agents as a method of warfareOffence

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.

Section Use of riot control agents as a method of warfare Section A person who uses riot control agents as a method of warfare commits an offence and is liable on conviction to a fine not exceeding five thousand currency points or imprisonment for life or both.

Section 13Verify source

§ 14Prohibitions and offences related to chemical weapons - SeizureOffence

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.

Section Seizure Section The National Authority, its agents, a national inspector or a member of the Uganda Police Force may seize or cause to be seized— any chemical weapon that is developed, produced, acquired, stockpiled, retained, imported or transferred in contravention of the Convention and this Act or is old or abandoned in any place under the jurisdiction of Uganda; any quantity of chemical weapons that may be used as evidence for an offence committed under this Act; or any book, document, data or thing which may be used as evidence for an offence committed under this Act.

Section 14Verify source

§ 15Prohibitions and offences related to chemical weapons - ForfeitureOffence

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.

Section Forfeiture Section Where a seizure is made under section 14 — the weapon shall be forfeited to the Government; and any authorized officer of the Government or any police officer may, without a warrant, seize the chemical weapon that is forfeited or that he or she has reasonable grounds to believe to be forfeited to the Government under subsection (1). Any chemical weapon that is seized under section 14 shall be stored by the ministry responsible for defence with all appropriate safeguards pending disposal, and then disposed of upon the instructions of the minister responsible for defence, taking into account the provisions of the Convention.

Section 15Verify source

§ 9Prohibitions and offences related to chemical weapons - General prohibitionOffence

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.

Section General prohibition Section Subject to this Act, a person shall not— develop, produce, or acquire, stockpile, or retain chemical weapons ; transfer, directly or indirectly, chemical weapons to another person; use chemical weapons ; engage in any military preparations to use chemical weapons ; assist, encourage, or induce, in any way, any person to engage in any activity prohibited under the Convention ; use riot control agent as a method of warfare; design or construct a chemical weapons production facility; modify a facility or material of any kind with the purpose of carrying out any activity in contravention of this Act; or engage in any other activity prohibited under the Convention . A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for life.

Section 9Verify source

Part IV

Information and documents

§ 16Information and documents - Purpose of this PartProvision

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.

Section Purpose of this Part Section The purpose of this Part is to ensure— that toxic chemical and their precursors are only developed, produced, imported, exported or otherwise acquired, retained, transferred or used for purposes not prohibited under the Convention ; that the National Authority has knowledge of dealings with chemicals that facilitates the making of Uganda’s periodic declarations under the Convention ; and that Uganda is able to fulfill its obligations under the Convention .

Section 16Verify source

§ 17Information and documents - Supply of information and keeping of recordsCommencement

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.

Section Supply of information and keeping of records Section Notwithstanding section 11 , a person who develops, produces, imports, exports, acquires, retains, transfers, processes, consumes or uses chemicals listed in schedules 1, 2 or 3 of the Convention or their precursors or who intends to do so or produces discrete organic chemicals shall— notify the National Authority of the activity or intended activity and, as the case may be, the facility or plant site, as soon as practicable after the commencement of this Act by giving written notice in a form approved by the National Authority, containing such information as may be required by regulations; keep records in relation to the chemicals and the facility or plant site, and the purpose to which the chemicals are put; prepare from those records, periodic reports relating to the chemicals and the facility or plant site in a form approved by the National Authority; and submit periodic reports to the National Authority at intervals specified by the Minister by regulations. The data, records and reports under subsection (1) must be sufficient to satisfy the National Authority that the Convention and the provisions of this Act and any regulations made under this Act are being complied with. A person who refuses or fails to comply with subsections (1) or (2) commits an offence and is liable on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding one year or both.

Section 17Verify source

§ 18Information and documents - National Authority to seek informationOffence

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.

Section National Authority to seek information Section This section applies where the National Authority considers that a person is capable of giving information that is relevant to— The National Authority may, by notice in writing and within a period specified in the notice, require any person whom the National Authority believes on reasonable grounds, has information or documents relevant to the enforcement of this Act to give the information to the National Authority— a declaration required to be given to the Organisation under the Convention ; or the implementation of the Convention or the enforcement of this Act. where the person is a natural person, by writing signed by the person; or where the person is a body corporate, by writing signed by an officer authorised to sign on behalf of the body corporate. The Minister may, by notice in writing given to any person, require that person to give to the National Authority particular documents or documents of a particular kind, specified in the notice within seven days or as specified in the notice. A person who fails to comply with a notice issued under this section to the extent that the person is capable of complying with it, commits an offence and is liable on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding one year or both. The power of the National Authority under this section to require a person to give information or documents to him or her is in addition to any obligation to give information or documents that the person may have under this Act.

Section 18Verify source

§ 19Information and documents - Reporting on other chemicalsOffence

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.

Section Reporting on other chemicals Section A person who develops, produces, otherwise acquires, retains or uses within the territory of Uganda or imports into Uganda other toxic chemicals or precursors other than those specified in Schedules 1, 2 and 3 of the Convention shall provide sufficient information to the National Authority to enable the National Authority to establish that those activities are not prohibited under the Convention . A person who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding ten years or both.

Section 19Verify source

§ 20Information and documents - False or misleading statements and documentsOffence

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.

Section False or misleading statements and documents Section A person who, in any document prepared under this Part, makes a statement or omits any matter knowing that, or being reckless as to whether the statement or omission makes the document false or misleading in a material particular commits an offence and is liable on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding five years or both.

Section 20Verify source

Part IX

Miscellaneous

§ 37Miscellaneous - ConfidentialityOffence

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.

Section Confidentiality Section Information referred to in subsection (1) may be disclosed only with the consent of the person to whose affairs it relates or for the purpose of— A person shall keep any information that is given under this Act or the Convention concerning the affairs of another person confidential. enabling Uganda to fulfill its obligations under the Convention ; the enforcement of this Act; or dealing with an emergency involving public safety. A person who contravenes this section commits an offence, and is liable on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding one year or both.

Section 37Verify source

§ 38Miscellaneous - Privileges and immunitiesProvision

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.

Section Privileges and immunities Section A person who is entitled to receive immunities and privileges under the Convention shall, in accordance with the laws of Uganda, receive such immunities and privileges in accordance with the Convention and any privileges and immunities Agreement that may be negotiated.

Section 38Verify source

§ 39Miscellaneous - Self-incriminationProvision

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.

Section Self-incrimination Section A person is not excused from answering a question or giving any information or document under this Act or the Convention on the ground that to do so may incriminate or tend to incriminate him or her. A self-incriminating statement made or given under this Act, or the Convention is not admissible as evidence in criminal proceedings against that person, except on a charge of perjury in relation to that statement.

Section 39Verify source

§ 40Miscellaneous - RegulationsOffence

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.

Section Regulations Section Without prejudice to the general effect of subsection (1), regulations made under this section may prescribe, among other matters— Regulations made under subsection (1) may, in respect of any contravention of any of the regulations— The Minister may, by statutory instrument, make regulations for the better carrying into effect the purposes and intents of this Act. for any matter that is necessary or desirable for the purpose of implementing the Convention or any agreement that is concluded between the Government of Uganda and the OPCW under the Convention ; for establishing the licensing regime for licenses to be granted under this Act; for establishing a declaration regime for all declarations to be made under the Act; for offences in respect of the contravention of or noncompliance with any provision of any regulations made under this section; and providing for such other matters as are contemplated by or necessary to give full effect to this Act and for its due administration. prescribe a penalty of a fine not exceeding five thousand currency points or imprisonment for a term not exceeding ten years or both; in the case of a continuing contravention, prescribe an additional penalty not exceeding one thousand currency points in respect of each day on which the office continues; and prescribe a higher penalty not exceeding one thousand five hundred currency points in respect of a second or subsequent contravention.

Section 40Verify source

§ 41Miscellaneous - Amendment of SchedulesSubstitution

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.

Section Amendment of Schedules Section The Minister may, by statutory instrument, from time to time— The Minister may, by statutory instrument and with the approval of Cabinet, amend Schedule 1. amend Schedule 2 to this Act by making such amendments to the text of the Convention set out in that Schedule as are required to bring that text up to date in accordance with changes made to the Convention ; revoke Schedule 2 to this Act, and substitute a new Schedule setting out in an up-to-date form, the text of the Convention set out in that Schedule in accordance with changes made to the Convention .

Section 41Verify source

§ 42Miscellaneous - Disclaimer of liabilityProvision

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

Section Disclaimer of liability Section Nothing in this Act shall render the Government of Uganda liable for an act or omission on the part of the Organisation .

Section 42Verify source

Part V

Inspections

§ 21Inspections - Purpose of this PartProvision

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.

Section Purpose of this Part Section For purposes of this Part— "inspection power" means the power to— "purposes of compliance" means— enter and search any premises or facility; inspect and examine a matter of thing; take samples of a matter of thing; examine documents including records kept in accordance with this Act, the regulations or a condition of a license or permit issued under this Act; take extracts from or make copies of a document; measure a matter of thing; operate any equipment, including electronic equipment, located at any premises or facility if the inspector believes, on reasonable grounds, that the equipment can be operated without damaging it; take onto a premise or facility any person, equipment or material that is reasonably required for the purpose of exercising a power under this paragraph; question operators of any site and personal working on the site for the purposes of the Act; or do any other act or thing necessary or convenient to be done to carry out an inspection under this Act; determining whether the provisions of this Act and any regulations issued under the Act have been or are being complied with at any premises or facility; determining whether the conditions of a licence, permit or authorisation given under this Act or regulations made under this Act are being complied with by the holder of the licence, permit or authorisation; and ensuring the proper functioning, at any premise or facility of any monitoring equipment installed in the course of an international compliance inspection or under a facility agreement between Uganda and the Organisation .

Section 21Verify source

§ 22Inspections - Verification of toxic chemicals, their precursors and facilitiesProvision

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.

Section Verification of toxic chemicals, their precursors and facilities Section All toxic chemicals and their precursors listed in Schedules 1, 2, and 3 of the Convention , facilities related to those chemicals and other facilities producing discrete organic chemicals and places specified in the Verification Annex , are declared to be subject to verification measures as provided for in the Convention .

Section 22Verify source

§ 23Inspections - InspectionsProvision

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.

Section Inspections Section A national inspector or an international inspector may, at any reasonable time, and consistent with the provisions of the Convention and this Act and any relevant facility agreement— A person to whom section 22 applies shall permit a national or international inspector to— enter any place— enter any place in Uganda; inspect the place; install, use and maintain monitoring instructions, systems and seals; or carry out any other activity as provided in the Verification Annex to the Convention . in respect of which a provision of Parts VI to IX of the verification Annex applies; that is subject to an on-site challenge inspection referred to in paragraph 8 of Article IX of the Convention ; or in respect of which an investigation under paragraph 9 of Article X of the Convention has been initiated; inspect the place in accordance with the Convention and, in the case of any facility, any applicable facility agreement; and exercise, in connection with the inspection, any function contemplated, and exercise any power provided for in the Convention and, in the case of any facility, any applicable facility agreement.

Section 23Verify source

§ 24Inspections - Inspections on short noticeProvision

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

Section Inspections on short notice Section An inspector designated under the Convention shall be permitted, on short notice, to enter into Uganda to carry on an inspection consistent with the provisions of the Convention .

Section 24Verify source

§ 25Inspections - Appointment of national inspectorsProvision

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

Section Appointment of national inspectors Section The Minister may, on the advice of the National Authority, appoint national inspectors for purposes of ensuring compliance under this Act.

Section 25Verify source

§ 26Inspections - Persons who may accompany international inspectorsProvision

Section Persons who may accompany international inspectors Section In order to facilitate inspections, an international inspector may be accompanied by— an observer for the purposes of giving 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.

Section 26Verify source

§ 27Inspections - Directions by MinisterOffence

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.

Section Directions by Minister Section The Minister may, by notice in writing, issue directions to any person for the purpose of facilitating an inspection under the Convention . A person who willfully fails to comply with any direction given by the Minister under this section 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.

Section 27Verify source

§ 28Inspections - Identification certificatesProvision

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

Section Identification certificates Section The Minister may issue a certificate identifying a national inspector, an international inspector or any other person authorised to accompany or assist an international inspector under this Act.

Section 28Verify source

Part VI

Enforcement

§ 29Enforcement - Search warrantsOffence

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.

Section Search warrants Section Subject to subsection (3), where, on an ex-parte application, a magistrate, Judge or Registrar of a court of competent jurisdiction is satisfied that there are reasonable grounds for believing that— A person applying for a warrant under subsection (2) shall— A member of the Uganda Police Force or a national inspector appointed under section 25 may apply for a search warrant where the consent of the person who is in control of a place subject to an inspection under this Act cannot be obtained or where the person refuses to give his or her consent. a place referred to in section 22 meets the conditions for entry described in that section; entry to the place is necessary for the purpose of exercising any function contemplated, or any power provided for in this Act, the Convention or an applicable facility agreement; or the consent of the person who is in control of the place cannot be obtained, first make reasonable inquiries as to whether any other applications for a warrant have been made in respect of the place concerned or offence or offences, if any, alleged in respect of each application and the results of each application; and disclose on the application for the warrant, the results of the inquiries made under paragraph (a).

Section 29Verify source

§ 30Enforcement - Entry or search without a warrantProvision

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.

Section Entry or search without a warrant Section A search warrant authorising entry into a place or facility is not required where the conditions of obtaining a warrant exist but, by reason of exigent circumstances, it would be impractical to obtain a warrant.

Section 30Verify source

§ 31Enforcement - Use of reasonable forceProvision

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.

Section Use of reasonable force Section Where force is required to enter and inspect any place, premises or facility specified in a warrant whether by breaking down a door or otherwise, or in breaking open anything in the place, premises or facility, a representative of the National Authority or a national inspector accompanied by a member of the Uganda Police Force may use such force as is reasonable in the circumstances.

Section 31Verify source

§ 32Enforcement - Obligations of persons accompanying international inspectorsOffence

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.

Section Obligations of persons accompanying international inspectors Section A member of the Uganda Police Force or a national inspector appointed under section 25 who accompanies an international inspector on any inspection shall— The person entering a place, premises, or facility to carry out an inspection under subsection (1) shall, where there is no person appearing to be in charge of the place at any time between the time of entry and the time the inspection concerned has been completed, as soon as is practicable after completing the inspection, give an occupier or person in charge of the place, a written notice stating that the place has been entered, and specifying— carry his or her identification certificate; and produce the identification certificate to any person in charge of the place, premises or facility entered if asked to do so by the person in charge of the place, premises or facility entered. the time and date of entry; the circumstances and purpose of entry; and the name of every person entering. The person carrying out inspection under subsection (1) shall have a warrant with him or her and produce it if required to do so. Where anything is seized during an inspection, the inspector or member of the Uganda Police Force shall give the occupier or person in charge of the place, premises or facility a written inventory of all the things seized and report any offence or suspected offence to the police as soon as possible.

Section 32Verify source

§ 33Enforcement - Obstruction of an inspectorOffence

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.

Section Obstruction of an inspector Section The proprietor or a person in charge of a place, premises or a facility to be inspected shall cooperate with and support inspections conducted under the Convention and this Act. A person who obstructs, hinders, resists, or deceives an international inspector or a national inspector exercising his or her functions or any power under this Act or the Convention , commits an offence and is liable on conviction, to a fine not exceeding one hundred currency points or imprisonment not exceeding one year or both.

Section 33Verify source

§ 34Enforcement - Expenses of inspectionProvision

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.

Section Expenses of inspection Section The proprietor or a person in charge of a place, premises or a facility to be inspected shall meet the expenses of an inspection conducted on his or her place, premises or facility in accordance with the Convention and this Act unless the expenses are refundable by the Organisation in accordance with the Convention . An application for a refund of expenses under subsection (1) shall, where the expenses are refundable by the Organisation , be filed with the National Authority which shall consider the application and submit to the Organisation .

Section 34Verify source

Part VII

Permits and licences

§ 35Permits and licences - Application for licence, permit or consentProvision

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.

Section Application for licence, permit or consent Section An application for a licence, permit or consent under this Act shall be made to the Minister in the manner prescribed by regulations. An application for a licence, permit or consent under this Act shall be in writing and shall be accompanied by an application fee prescribed by the Minister by regulations. In determining whether or not to grant a licence, permit or consent under this Act, the Minister shall be guided by the provisions of the Convention in Part VI of the Verification Annex .

Section 35Verify source

Part VIII

End user certificates

§ 36End user certificates - End-user certificateProvision

Section End-user certificate Section An end-user certificate shall contain— a statement that the Schedule 3 chemical will only be used for purposes not prohibited under the Convention ; a statement that the Schedule 3 chemical will not be retransferred to other states; the types and quantities of the Schedule 3 chemicals to be transferred; the end-use of the Schedule 3 chemicals to be transferred; and the name and address of the Schedule 3 chemicals end-user. Where the Schedule 3 chemical transferred is to an importer in a State not party to the Convention and the importer is not the end-user, the importer shall specify the name and address for the purposes of the transfer.

Section 36Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Convention and this Act
Sections 14, 23
Convention or the enforcement of this Act
Section 18

N–S

2 instruments

Organisation. Section Disclaimer of liability Section Nothing in this Act
Section 42
Schedule 1. amend Schedule 2 to this Act
Section 41

T–Z

1 instrument

Uganda outside Uganda. This Act
Section 2

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12 Feb 2016 · currentEnglish

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