Chemical weapons
- Document symbol
- G/LIC/N/3/NZL/10
- Original language
- English
- Published on
- 08/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The Chemical Weapons (Prohibition) Act 1996 prohibits the import of all CWC scheduled chemicals, unless permission is granted in writing (an import permit is granted) by the Ministry of Foreign Affairs and Trade.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
(a) CWC Schedule 1 chemicals: these are the most toxic and tightly controlled chemicals, primarily consisting of military chemical warfare nerve, blister, choking, or blood agents, including sarin and its near relations.
(b) CWC Schedule 2A toxic chemicals and 2B precursor chemicals: these are dual-use chemicals, more commonly used and traded for routine commercial purposes in New Zealand. All Schedule 2A chemicals are controlled. A Schedule 2B chemical is controlled if:
- it constitutes more than 10% (by weight) of a mixture, OR
- if the mix contains more than one Schedule 2 or Schedule 3 chemical.
(c) CWC Schedule 3A toxic chemicals and 3B precursor chemicals: these are dual-use chemicals, more commonly used and traded for routine commercial purposes. A Schedule 3A or 3B chemical is controlled if:
- it constitutes more than 10 per cent (by weight) of a mixture, OR
- if the mix contains more than one Schedule 2 or Schedule 3 chemical.
All scheduled chemicals are listed on the OPCW website, https://www.opcw.org/.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating in and coming from "all" countries. The CWC prohibits the transfer of Schedule 1 and 2 chemicals to countries/territories which are not party to the CWC. A full list of countries/territories party to the CWC are listed on the OPCW website https://www.opcw.org/.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The licensing of CWC chemical imports is not intended to restrict the quantity or value of imports, but to meet the requirements of the CWC, i.e. the CWC aims to eliminate an entire category of weapons of mass destruction by prohibiting the development, production, acquisition, stockpiling, retention, transfer, or use of chemicals weapons by States Parties. States Parties in turn must take the steps necessary to enforce that prohibition in respect of persons (natural or legal) within their jurisdiction.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The Chemical Weapons Convention (CWC) is implemented in New Zealand through the Chemical Weapons (Prohibition) Act 1996.
The Chemical Weapons (Prohibition) Act 1996 prohibits the import of all Chemical Weapons Convention (CWC) scheduled chemicals, unless permission is granted in writing (an import permit is granted) by the Ministry of Foreign Affairs and Trade.
The licensing is statutorily required, and the legislation does not leave designation of products to be subjected to licensing to administrative discretion, (see answer to Q2 above). It is not possible for the government (or the executive branch) to abolish the system without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
The Ministry of Foreign Affairs and Trade, New Zealand endeavours to process all applications within ten-working days. Application for the import of CWC Schedule 1 Chemicals must be received by the Ministry of Foreign Affairs and Trade, New Zealand at least 37 days prior to the anticipated shipment date. Advance notification is required because the transfer must be notified to the Organisation for the Prevention of Chemical Weapons (OPCW) which implements the CWC internationally, at least 30 days in advance. Licences can be obtained within a shorter time-limit if required.
Q7.b. Can a licence be granted immediately on request?
Not immediately, but depending on circumstances, a licence can be provided within 24 hours of application.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Consideration of licence applications is effected by a single administrative organ.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Specific CWC requirements prohibit the re-transfer of Schedule 1 chemicals. In practice this means that Schedule 1 chemicals imported into New Zealand may not be retransferred to a third country. In these circumstances an import licence would be declined. If Schedule 2 and 3 chemicals were imported for retransfer and if it is assessed that there is an unacceptable risk the chemicals may be diverted to a chemical weapons programme, then the application to import would be declined.
Authority for granting approval for the import of CWC Scheduled Chemicals rests with the Secretary of Foreign Affairs and Trade. Although there is no statutory right of administrative appeal against any of the decisions by the Secretary, applicants could seek a judicial review of an administrative decision through the courts.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Importers are required to ensure full details of chemicals to be imported are provided, including the correct name, mixture weight/analysis breakdown and, if possible, CAS (Chemical Abstracts Service) number and the intended use of the chemicals. Details of CWC Schedules of Chemicals (1‑3) can be found on our website https://www.mfat.govt.nz/en/trade/trading-weapons-and-controlled-chemicals/how-to-import-or-export-controlled-chemicals/together with more detailed information on the application procedure. Completed documents should be sent by email to exportcontrols@mfat.govt.nz.
Q11. What documents are required upon actual importation?
Import Permit from the Ministry of Foreign Affairs and Trade, New Zealand.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no charge for the processing of import permits.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The period of validity of a license is three months after the licence has been issued. Extensions to import licences can be granted when an import does not fall within the usual three-month period, by applying to the Ministry of Foreign Affairs and Trade, New Zealand.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No, but the applicant must inform the Ministry of Foreign Affairs and Trade, New Zealand in writing if the actual quantity imported is less than that approved, or if the import does not take place.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No – not from the Ministry of Foreign Affairs and Trade, New Zealand. Some chemicals may constitute hazardous substances and could be required to comply with the Hazardous Substances and New Organisms (HSNO) Act 1996 and supporting regulations.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable to the Ministry of Foreign Affairs and Trade, New Zealand.