Aims and terms of the treaty The aim of the CWC is total chemical weapons disarmament. Signatory states that possess chemical weapons at the time they sign and ratify the treaty must destroy those arms and their production facilities. States members are also required to destroy any chemical weapons they may have abandoned on the territory of other countries. In Article II of the CWC, chemical weapons are defined as all toxic chemicals intended for wartime use, which includes not only the finished weapons but also their chemical precursors, munitions, delivery devices, and any other equipment specifically designed for wartime use. Certain kinds of toxic chemicals are, however, permitted by the CWC. These include those designed for peaceful uses, such as in experiments to test chemical protection equipment. There are also certain gray areas in the treaty that are open to interpretation. For example, riot-control agents such as tear gas are prohibited as a method of warfare, but they are permitted if designed strictly for law-enforcement purposes. Chemicals to be controlled by the CWC are divided among three lists, or “schedules.” Schedule 1 lists those chemicals considered to pose a high risk to the goals of the CWC, including precursor chemicals used to produce nerve agents or mustard agents. Schedule 2 lists those chemicals that generally are not produced in large commercial quantities for nonmilitary purposes and pose a significant risk to the purpose of the CWC. Finally, those listed in Schedule 3 are dual-use chemicals that are thought to pose a risk to the aims of the CWC but also have many legitimate commercial purposes and are produced worldwide in large amounts.

Ensuring compliance The CWC is administered by the Organisation for the Prohibition of Chemical Weapons (OPCW), headquartered at The Hague. Day-to-day affairs are conducted by the OPCW’s Executive Council, which reports to the CWC’s Conference of States Parties. This latter body in turn has responsibility for taking “the necessary measures to ensure compliance” and for administering penalties against signatory states that violate the terms of the CWC. The OPCW Technical Secretariat is responsible for carrying out various verification procedures to ensure that members comply with the agreement. CWC verification is accomplished by a variety of means, including reporting requirements by the member states, OPCW inspections to determine a baseline for comparison with later inspections, regular on-site inspections, and challenge inspections. Any single party to the pact can request a challenge inspection of any other signatory party. Inspectors are to be given unimpeded access to all parts of actual or suspected chemical weapons storage sites or to chemical production or destruction facilities. OPCW inspectors are permitted by the treaty to use continuous on-site monitoring devices and may use seals to ensure that a facility is not being used. The OPCW Technical Secretariat must give a member state prior notice of an impending regular inspection to a storage site. Sites that previously produced or are presently known or suspected to be storage areas for Schedule 1 chemical weapons or agents receive the most scrutiny. Within 12 hours of receiving a challenge inspection request, the Executive Council of the OPCW may block the inspection if three-fourths or more of the 41 members on the Council are convinced that the request is frivolous or abusive. The director-general of the OPCW is required to formally notify the party to be inspected no less than 12 hours prior to the planned arrival of the inspection team. A series of rules then apply as to how inspectors can gain access to facilities in order to check compliance with CWC restrictions. Each party to the accord is required to pass national implementing legislation to make it illegal for organizations or individuals in their jurisdiction to conduct activities prohibited by the CWC, such as the use, development, production, acquisition, stockpiling, or transfer of chemical arms. Barry R. Schneider