Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons (security and safety law)

Article (1)  
For the purposes of applying the provisions of this Law, the following words and sentences 
shall have the meanings illustrated before each unless the context requires otherwise:  
 
The State  : The United Arab Emirates.  
The Committe e : The national committee for regulating and controlling the use of 
chemical materials and weapons.  
The Chairman  : The head of the Committee.  
The Competent 
Authority  : The concerned federal entity and the national authority in each 
emirates in the United Emirates.  
The 
Convention  : The Convention on the Prohibition of the Development, Production, 
Stockpiling and Use of Chemical Weapons and on their Destruction 
("The Convention") which was approved by the State by virtue of 
Federal Decree No. (104) of 2006.  
The 
Organization  : The Organiz ation for the Prohibition of Chemical Weapons ("OPCW").  
The Chemical 
Weapons  : 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 pu rposes and the environment;  
b. Munitions and devices, specifically designed to cause death or other 
harm through the toxic properties of those toxic chemicals specified in 
subparagraph (a), which would be released as a result of the 
employment of such muni tions and devices;  
c. Any equipment specifically designed for use directly in connection 
with the employment of munitions and devices specified in  
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 subparagraph.  
 
Toxic 
Chemicals:  
 : Any chemical which through its chemical action on life processes can 
cause death, temporary incapacitation or permanent harm to humans, 
animals or environment. This includes all such chemicals, regardless of 
their origin or of :their method of production, provided for in the 
schedules attached to the Convention and any amendments thereof.  
 
Precursor:  
 : Any chemical reactant which takes part at any stage in the production 
by whatever method of a toxic chemical. This includes any key 
component of a binary or multi -component chemical system, provided 
for in the schedules attached to the Convention and any amendments 
thereof.  
 
Purposes not 
Prohibited:  
 : (a) Industrial, agricultural, research, medical, pharmaceutical or other 
peaceful purposes;  
(b) Protective purposes: the purposes directly related to protection 
against toxic chemicals and to protection against chemical weapons;  
(c) Military purposes not connected with the use of chemical weapons 
and not dependent on the use of the toxi c properties of chemicals as a 
method of warfare;  
(d) Law enforcement -related purposes including domestic riot control 
purposes.  
 
  
  
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Article (2)  
1. A committee entitled "National Committee for Regulating and Controlling the use of 
Chemical Materials and Weapons" shall be established and shall be affiliated to the Cabinet. 
Such committee shall be established by virtue of Cabinet resolution and shall be competent 
to implement the provisions of this Law.  
2. By virtue of Cabinet resolution, the work system of the committee shall be issued as well as 
the mechanism of filing complaints against the decisions issued by the Committee as per the 
Chairman proposal.  
3. The Committee shall have the right - within the limits of its assigned to it - to make  use of 
whoever it deems qualified and competent from the governmental and non -governmental 
entities.

Article (3)  
The committee aims at controlling , organizing and following up the prohibition of the 
creation, development, production, stockpiling and use of chemical weapons, and at 
supervising same .

Article (4)  
This article has been cancelled by Federal Law No. 12 of 2009

Article (5)  
This Article has been cancelled by Federal Law No. 40 of 2006

Article (6)   
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 The committee shall have the authority to practic e the following tasks:  
1 - Propose legislations and regulations for the implementation of the provisions of the 
agreement.  
2 - Establish a permanent communication channel with the organization and exchange 
necessary information therewith.  
3 - Specify and c lassify the chemical substances pertaining to the agreement by referring to 
the governmental and private institutions and establishments, and propose restrictions and 
regulations for the use of such substances in accordance with the provisions of the agree ment 
and in coordination with the competent authority.  
4 - Organize the import and export of chemical substances pertaining to the agreement in 
coordination with the competent authority.  
5 - Inspect, supervise and follow up before governmental bodies and t he private sector 
whatever relates to the chemical substances pertaining to the clauses of the agreement, thus 
ensuring the abidance by the restrictions and regulations mentioned in the clauses of the 
agreement in coordination with the competent authority.  
6 - Set the regulations and rules for the entry of inspectors to the State in view of inspecting 
the establishments and examine the production of chemical substances in pursuance of the 
restrictions set by the organization and without prejudice to the sec urity of the establishments 
and the safety of the State security information.  
7 - Follow up the inspection operations carried out by the organization to learn about the 
results of said operations.  
8 - Follow up the international chemical substances product ion bodies via the organization in 
view of learning about the chemical industry establishments which constitute a threat to the 
security and safety of the State; propose and submit requests to search for such 
establishments in pursuance of the applicable r egulations .  
9 - Collect and classify information and data related to the chemical substances used in the  
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 State and set the adequate degree of secrecy for such information.  
10 - Submit announcements provided for in the agreement.  
11 - Cooperate with States Parties in offering the adequate legal and technical assistance in 
view of facilitating the implementation of the obligations mentioned in the agreement.  
12 - Grant licenses for the safe use of chemical substances in coordination with the competent 
authority and in pursuance of the restrictions provided for in any decision that shall be 
promulgated by the Cabinet.  
13 - File periodic annual reports to the Cabinet regarding the works and proposals of the 
committee, the work hindrances and other matters  aiming at developing the work of the 
committee.  
14 - Any other functions entrusted thereto by the Cabinet .  
The committee may entrust the president and the competent authority with some of its 
functions in pursuance of the conditions it sees fit.

Article (7)  
Subject to the provisions of the agreement, it shall be prohibited to any natural or juridical 
person to carry out any of the following works:  
1 - Create, produce, obtain in any other way, stockpile, consume, possess, keep or transport 
chemical w eapons directly or indirectly.  
2 - Use or threaten to use chemical weapons.

Article (8)  
Subject to the provisions of the agreement, it shall be prohibited to any natural or juridical 
person to carry out any of the following works without obtaining a prior consent from the 
committee and a license from the competent authority:  
1 - Import, export, transport, stockpile, manufacture, circulate, possess or use toxic chemical  
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 substances .  
2 - Establish factories, laboratories or warehouses for the works provided f or in clause 1 of the 
present article.

Article (9)  
The licensee shall abide by the following :  
1 - The criteria of safe handling toxic chemical substances without contradicting the 
provisions of the agreement and in pursuance of the implementing regulation  hereof.  
2 - Keeping records in which all activities exercised by the licensee shall be noted. The 
implementing regulation hereof shall specify the data and information that must be provided 
and noted in such records.  
3 - Periodically notifying the committ ee of the used chemical substances, the method of their 
use , the using bodies and the remaining quantities in pursuance of the implementing 
regulation hereof.

Article (10)  
The payable fees for licenses provided for herein shall be set by a decision promulgated by 
the Cabinet at the proposal of the committee.

Article (11)  
The employees of the Authority who are competent to implement the provisions of this Law 
and the decisions effectuating thereof and who are appointed by a decision issued by  the 
Minister of Justice in agreement with the Chairman shall have the capacity of law enforcement 
officers to establish the violations of the provisions of this Law by Decree, decisions, 
regulations and instructions issued in execution thereof.   
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 As for the  entities authorized to deal in the activities subject to the provisions of this Law, they 
shall facilitate the work of such employees while carrying out there tasks.

Article (12)  
Whoever refrains from providing the committee with any information required for the 
implementation of the agreement or provides it with false information shall be sentenced to 
imprisonment and to a fine of AED 20.000 at least, or to either penalties .

Article (13)  
Whoever breaches any of the provisions of article 7 hereof shall be  sentenced to 
imprisonment for a minimum period of five years, and to a fine of AED 200.000 at least and 
AED 500.000 at most, or to either penalties. In all cases, the substances object of the breach 
shall be confiscated, and an order may be issued to clos e the establishment for a minimum 
period of one month.

Article (14)  
Whoever breaches any of the provisions of article 8 hereof shall be sentenced to 
imprisonment and to a fine of AED 100.000 at least and AED 500.000 at most, or to either 
penalties. In all cases, the substances object of the breach shall be confiscated, and an order 
may be issued to close the establishment for a minimum period of one month.

Article (15)  
Any person disclosing in a direct or indirect manner any secret information related to the 
implementation of the agreement and received by the State from a State party in the 
agreement or from the organization, that came to his knowledge due to his work, s hall be  
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 sentenced to imprisonment and to a fine of AED 5.000, or to either penalties. The juridical 
person shall be sentenced to a fine of AED 50.000 at least should the members of its board of 
directors, its duly licensed staff or representatives commit a ny of the said deeds.

Article (16)  
The crimes mentioned in the present law shall be punishable as per the sanctions provided 
for therein without prejudice to any more severe penalty stipulated in any other law.

Article (17)  
Whoever breaches any of the other provisions of the present law, the regulations, rules and 
decisions issued in application thereof shall be sentenced to imprisonment or to a fine.

Article (18)  
The bodies dealing with toxic chemical substances and subject to the provisions of the pre sent 
law shall accommodate their situation in conformity with the provisions thereof within six 
months from the date of its coming into force.

Article (19)  
The Cabinet shall promulgate the required rules and decisions for the implementation of the 
provisio ns hereof.

Article (20)  
Every provision conflicting with or contradicting the provisions hereof shall be cancelled.

Article (21)   
Federal Law  of 2006 on the Prohibition of The Development, Production, Stockpiling and Use of Chemical Weapons  
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 This law shall be published in the Official Gazette, and shall come into force as of the date of 
its publication.  
  
  
 
 
 
    
       Khalifah Bin Zayed Al Nahyan  
President of the United Arab Emirates State  
 
 
 
 
Promulgated by Us at the Presidential Palace in Abu Dhabi  
On 8 Shawwal 1427 H.  
Corresponding to 31/10/2006