PART III

PROHIBITION OF CHEMICAL WEAPONS AND RIOT
CONTROL AGENTS

Prohibition

18.       (1) No person shall-

(a) develop, produce, acquire, stockpile or retain any chemical weapon;

(b)        transfer, directly or indirectly, any chemical weapon to another person;

(c)        have in his possession, custody or control any chemical weapon;

(d)        use any chemical weapon;

(e)        engage in any unlawful military preparations to use a chemical weapon; or

(f ) assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under the Convention.

(2) Any person who contravenes subsection (1) commits an offence and shall on conviction be punished with imprisonment for a term not exceeding thirty years or a fine not exceeding one million ringgit or both.

Riot control agents

19.       (1) Save for the purpose of maintaining and preserving public order, no person shall use a riot control agent as a method of warfare.

(2) Any person who contravenes subsection (1) commits an offence and shall on conviction be punished with imprisonment for a term not exceeding thirty years or a fine not exceeding one million ringgit or both.

PART IV

TOXIC CHEMICALS
Chapter 1 – Permitted Activities

Activities for purposes not prohibited under the Convention

Activities for purposes not prohibited under the Convention20.     Any person may, subject to the provisions of this Act, develop, produce, acquire, retain, transfer, possess or use toxic chemicals as listed in Schedules 1, 2 and 3 for purposes not prohibited under the Convention.

Chapter 2 – Regime For Toxic Chemicals Listed In Schedule 1

Prohibition and exceptions

21. (1) Subject to the provisions of this Chapter, no person shall produce, acquire, retain, transfer or use toxic chemicals listed under Schedule 1 unless-

(a) such production, acquisition, retention, transfer or use is for research, medical, pharmaceutical or protective purposes;

(b) the types and quantities of the toxic chemicals are strictly limited to those which can be justified for such purposes;

(c)   the aggregate amount of such chemicals at any given time for such purposes is equal to or less than 1 tonne; and

(d)   such production, acquisition, retention or use is authorized by the National Authority.

(2)   Any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.

(3)   For the purposes of this Chapter, “transfer” includes import, export, or any movement of any amount of a toxic chemical listed in Schedule 1 outside the geographical boundary of a facility in Malaysia to another destination in Malaysia, or any movement as such between two divisions of one company or a sale from one company to another.

link to the complete text of the Bill: Malaysia-Chemical Weapons Convention Bill-2004-eng

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