The Chemical Weapons Convention Act 2000 lays down in Section 17 that no export or import of chemicals listed in schedule 1,2 and 3 in the Annex on chemicals to the Convention can be undertaken except in accordance with the provisions of the Notifications made under the Foreign Trade (Development and Regulation) Act, 1992. In terms of the DGFT notifications and the provisions of the CWC Act, the regime of regulation and disclosure of exports and imports of schedule chemicals is as follows:-
1. Exports of schedule 1 chemicals are prohibited. Further, no import of schedule 1 chemical can take place except with prior permission from the National Authority obtained under Section 15 of the CWC Act 2000.
2. Export of schedule 2 chemicals to a non-State Party of the Convention is prohibited. Similarly, import of schedule 2 chemicals from a non-State Party to the Convention is prohibited.
3. Export of schedule 2 chemicals to State Parties can be made only by those exporters who have obtained a general permission from the DGFT for two years (at a time). They are further subject to information and disclosure requirements as laid down in the DGFT Notification.
4. Export of schedule 3 chemicals to State Parties is conditional upon information and disclosure requirements as laid down in the concerned DGFT notification.
5. Exports of schedule 3 chemicals to non-State Parties can be made only after obtaining an export license in this behalf and also subject to information and disclosure requirements as well as End-Use/End User Certificate as laid down in the concerned DGFT Notification.
6. All importers and exporters of schedule 2 and schedule 3 chemicals are required to submit declarations to the Department of Chemicals on an annual basis as detailed in the Chapter on declarations.