if YES, indicate relevant information (i.e. signing, accession, ratification, entering into force, etc)

Transcription

1 OP 1 and related matters from OP 5, OP 6, OP 8 (a), (b), (c) and OP 10 State: Date of Report: Date of Addendum 1: Sri Lanka 11 May December 2005 Did you make one of the following statements or is your country a State Party to or Member State of one of the following Conventions, Treaties and Arrangements? General statement on nonpossession of WMD 1 General statement on commitment to 2 disarmament and non-proliferation General statement on non-provision 3 of WMD and related materials to non- State actors Biological Weapons Convention 4 (BWC) Chemical Weapons Convention 5 (CWC) Nuclear Non-Proliferation Treaty 6 (NPT) YES if YES, indicate relevant information (i.e. signing, accession, ratification, entering into force, etc) The report states that Sri Lanka does not possess WMD or their delivery systems Sri Lanka affirms that the country supports all efforts for non-proliferation and disarmament of WMD The report states that Sri Lanka does not provide any State or non-state actors any material or technical support for WMD or delivery systems Deposit 18 November 1986 Deposit 19 August 1994 Deposit 05 March 1979 Remarks (information refers to the page of the English version of the report or an official web site) The information in the matrices originates primarily from national reports and is complemented by official government information, including that made available to inter-governmental organizations. The matrices are prepared under the direction of the 1540 Committee. The 1540 Committee intends to use the matrices as a reference tool for facilitating technical assistance and to enable the Committee to continue to enhance its dialogue with States on their implementation of Security Council Resolution The matrices are not a tool for measuring compliance of States in their non-proliferation obligations but for facilitating the implementation of Security Council Resolutions 1540 and They do not reflect or prejudice any ongoing discussions outside of the Committee, in the Security Council or any of its organs, of a State's compliance with its non-proliferation or any other obligations 1

2 Comprehensive Nuclear Test Ban 7 Treaty (CTBT) Convention on Physical Protection of 8 Nuclear Material (CPPNM) 9 Hague Code of Conduct (HCOC) Signed 24 October Geneva Protocol of 1925 International Atomic Energy Agency 11 (IAEA) Nuclear Weapons Free Zone/ 12 Protocol(s) 13 Other Conventions/Treaties Deposit 20 January 1954 Since Convention on Nuclear Safety 2. Partial Test Ban, 12 February State Party to 11 UN Conventions and Protocols against Terrorism, in paticular, Sri Lanka ratified the International Convention for the Suppression of Terrorists Bombings on 23 Mar 1999, the International Convention for the Suppression of the Financing of Terrorism on 8 Sep 2000, and the International Convention for the Suppression of Acts of Nuclear Terrorism on 27 Sep Other Arrangements 15 Other Proliferation Security Initiative Participant 2

3 OP 2 - Biological Weapons (BW) State: Date of Report: Date of Addendum 1: Sri Lanka 11 May December 2005 Does national legislation exist which prohibits persons or entities to engage in one of the following activities? Can violators be penalized? YES National legal framework if YES, indicate source document of national implementation law Enforcement: civil/criminal penalties and others YES if YES, indicate source document Remarks 1 manufacture/produce 2 acquire 3 possess 4 stockpile/store 5 develop 6 transport 7 transfer 8 use 9 participate as an accomplice in a.m. activities Penal Code, Arts. 32 and assist in a.m. activities Penal Code, Art finance a.m. activities a.m. activities related to means of 12 delivery involvement of non-state actors in 13 a.m. activities Act No. 25 of 2005 on the suppression of terrorist financing, Section 3 (1) and (2) Penal Code, Chapter IV Arts. 262 and 263 (Negligent or malicious act likely to spread injection or any desease dangerous to life) Penal Code, Chapter IV Arts. 262 and 263 (Negligent or malicious act Penal Code, Chapter IV Arts. 262 and 263 (Negligent or malicious act Act No. 25 of 2005 on the suppression of terrorist financing, Section 3 (4) 3

4 14 Other 4

5 OP 2 - Chemical Weapons (CW) State: Date of Report: Date of Addendum 1: Sri Lanka 11 May December 2005 Does national legislation exist which prohibits persons or entities to engage in one of the following activities? Can violators be penalized? YES National legal framework if YES, indicate source document of national implementation law Enforcement: civil/criminal penalties and others YES if YES, indicate source document Remarks manufacture/produce No.58 of 2007 Arts. 19 (Any person 1 who (a) uses a chemical weapon ; (b) develops or produces a chemical 2 acquire weapon ; (c) acquires, stockpiles or retains a chemical weapon ; (d) transfers, directly or indirectly, any 3 possess chemical weapon to another person ; (e) engages in any military preparations to use a 4 stockpile/store chemical weapon ; (f) knowingly assists, encourages or induces, any prohibited activity ; or 5 develop (g) uses any riot control agent as a method of warfare...) and 20 No.58 of 2007 Art. 19 (...shall be guilty of an offence under this Act and be punished with imprisonment of either description for a period not exceeding twenty years and a fine not exceeding one million rupees) 6 transport 7 transfer No.58 of 2007 Art. 19 5

6 8 use No.58 of 2007 Art participate as an accomplice in a.m. activities 10 assist in a.m. activities 11 finance a.m. activities a.m. activities related to means of 12 delivery involvement of non-state actors in 13 a.m. activities 14 Other Act No. 25 of 2005 on the suppression of terrorist financing, Section 3 (1) and (2) No.58 of 2007 Art Chemical Weapons Convention Act, No.58 of 2007 Art Penal Code, arts (Voluntary causing hurt by dangerous weapons or means) No.58 of 2007 Art. 19 Act No. 25 of 2005 on the suppression of terrorist financing, Section 3 (4) No.58 of 2007 Art. 19 6

7 OP 2 - Nuclear Weapons (NW) State: Date of Report: Date of Addendum 1: Sri Lanka 11 May December 2005 Does national legislation exist which prohibits persons or entities to engage in one of the following activities? Can violators be penalized? YES National legal framework if YES, indicate source document of national implementation law Enforcement: civil/criminal penalties and others YES if YES, indicate source document Remarks 1 manufacture/produce 2 acquire Offensive weapons Act, n. 18 of 21 June 1966 (Chapter 33) 3 possess Offensive weapons Act, n. 18 of 21 June 1966 (Chapter 33) 4 stockpile/store 5 develop 6 transport 7 transfer Offensive weapons Act, n. 18 of 21 June 1966 (Chapter 33) 8 use 9 participate as an accomplice in a.m. activities 10 assist in a.m. activities 11 finance a.m. activities a.m. activities related to means of 12 delivery involvement of non-state actors in 13 a.m. activities Act No. 25 of 2005 on the suppression of terrorist financing, Section 3 (1) and (2) Offensive weapons Act, n. 18 of 21 June 1966 (Chapter 33) 1. Offensive weapons Act, n. 18 of 21 June 1966 (Chapter 33) 2. Penal Code, arts (Voluntary causing hurt by dangerous weapons or means) Act No. 25 of 2005 on the suppression of terrorist financing, Section 3 (4) 7

8 14 Other 8

9 OP 3 (a) and (b) - Account for/secure/physically protect BW including Related Materials State: Date of Report: Date of Addendum 1: Sri Lanka 11 May December 2005 Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect BW and Related Materials? Can violators be penalized? 1 Measures to account for production 2 Measures to account for use 3 Measures to account for storage National legal framework Enforcement: civil/criminal penalties, and others YES if YES, indicate source document YES if YES, indicate source document Remarks 4 Measures to account for transport 5 Other measures for accounting 6 Measures to secure production? National Environment Act No. 47 of 1980 National Environment Act No. 47 of 1980 and Act No. 56 of 1988 National Environment Act No. 47 of Measures to secure use 8 Measures to secure storage 9 Measures to secure transport? 10 Other measures for securing Regulations for physical protection of 11 facilities/materials/ transports Licensing/registration of 12 facilities/persons handling biological materials National Environment Act No. 47 of 1980 and No. 56 of 1988 National Environment Act No. 47 of 1980 National Environment Act No. 47 of Reliability check of personnel 14 Measures to account for/secure/ physically protect means of delivery 9

10 Regulations for genetic engineering 15 work Member to The International Centre for Genetic Engereeing and Biotechnology (ICGEB) ICGEB Liaison Officer - Dr. Sarath Abayawardana- Director, National Science Foundation 16 Other legislation/ regulations related to safety and security of biological materials The 13 th amendment of the Constitution in Sri Lanka Animal production and Health Service with effect to 31October, Eight provincial department of Animal Production and Health 17 Other 1. Contagious Desease ordinance No. 8 of 13 November Plant Protection Act No.35 of Control of Pesticide Act No.33 of 1980 and Seed Act No.22 of Seed Certification Service. (SCS) 2. Plant Protection Service. (PPS) 3. National Plant Quarantine service.(npqs) 4. Plant Quarantine Unit (PQU)- Seaport. 5. Plant Quarantine Unit- Airport. 6. Registrar of Pesticide (ROP) 7. Plant Genetic Resource centre. (PGRC) 10

11 OP 3 (a) and (b) - Account for/secure/physically protect CW including Related Materials State: Date of Report: Date of Addendum 1: Sri Lanka 11 May December 2005 Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect CW and Related Materials? Can violators be penalized? National legal framework Enforcement: civil/criminal penalties, and others YES if YES, indicate source document YES if YES, indicate source document Remarks 1 Measures to account for production 2 Measures to account for use No.58 of 2007 Arts. 20, 24 and 25 3 Measures to account for storage 4 Measures to account for transport No.58 of 2007 Arts. 13, 20, 24 and 25 The Authority shall prepare such initial, annual and other periodic declarations regarding toxic chemicals or precursors listed in Schedules I, II and III to this Act or any orher declaration required to be made under the Convention 5 Other measures for accounting 6 Measures to secure production 7 Measures to secure use 8 Measures to secure storage No.58 of 2007 Arts. 20, 24 and 25 No.58 of 2007 Arts. 20, 24 and 25 9 Measures to secure transport 10 Other measures for securing 11

12 Regulations for physical protection of 11 facilities/materials/ transports 12 Licensing of chemical installations/entities/use of materials No.58 of 2007 Art. 18 The inspector can operate any equipment, including electronic equipment, located at the premises or facility 13 Reliability check of personnel No.58 of 2007 Art. 24 (Registration of persons engaged in production, &c, of any toxic chemical or precursor.) No.58 of 2007 Art. 25 (2) Any person who fails or refused, without reasonable cause, to comply with subsection (1) or prepares, keeps or sends false or misleading records or reports shall be guilty of an offence under this section and shall on conviction, be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding six months or both. 14 Measures to account for/secure/ physically protect means of delivery 15 National CWC authority No.58 of 2007 Art. 5 (Ministry of Industry establishes the National Authority for Implementation of the Chemical Weapons Convention) National Authority for the Implementation of the CWC in Sri Lanka Ministry of Industrial Development 16 Reporting Schedule I, II and III chemicals to OPCW No.58 of 2007 Art. 13 The Authority shall prepare such initial, annual and other periodic declarations regarding toxic chemicals or precursors listed in Schedules I, II and III to this Act or any orher declaration required to be made under the Convention and shall submit such declarations to the OPCW at such time or times as may be specified under the Convention. 12

13 Account for, secure or physically 17 protect old chemical weapons Other legislation/ regulations 18 controlling chemical materials 19 Other 13

14 OP 3 (a) and (b) - Account for/secure/physically protect NW including Related Materials State: Date of Report: Date of Addendum 1: Sri Lanka 11 May December 2005 Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect NW and Related Materials? Can violators be penalized? National legal framework Enforcement: civil/criminal penalties, and others YES if YES, indicate source document YES if YES, indicate source document Remarks 1 Measures to account for production 1. INFCIRC/320 2 Measures to account for use 2. Regulations on Ionizing Radiation Protection of the Atomic Safety Regulation Protection n. 1 of Measures to account for storage Regulations on Ionizing Radiation Protection of the Atomic Safety Regulation Protection n. 1 of 1999, Art.11 (Any person who contravenes or fails to comply with these Regulations shall be guilty of an offence under the Act) 4 Measures to account for transport Regulations on Ionizing Radiation Protection of the Atomic Safety Regulation Protection n. 1 of 1999 Regulations on Ionizing Radiation Protection of the Atomic Safety Regulation Protection n. 1 of 1999, Art Other measures for accounting 6 Measures to secure production 1. Atomic Energy Authority Act No Measures to secure use of Regulations on Ionizing Radiation 8 Measures to secure storage Protection of the Atomic Safety Regulation Protection n. 1 of Measures to secure transport Regulations on Ionizing Radiation Protection of the Atomic Safety Regulation Protection n. 1 of 1999, Art Other measures for securing 14

15 Regulations for physical protection of 11 facilities/materials/ transports Regulations on Ionizing Radiation Protection of the Atomic Safety Regulation Protection n. 1 of 1999 Regulations on Ionizing Radiation Protection of the Atomic Safety Regulation Protection n. 1 of 1999, Art Licensing of nuclear installations/entities/use of materials 1. Atomic Energy Authority Act No. 19 of Regulations on Ionizing Radiation Protection of the Atomic Safety Regulation Protection n. 1 of 1999 No person shall be engaged in any practice specified in Sections 18, 19 and 20 of the Act, involving exposure to, or the likelihood of exposure to ionising radiation or to radioactive substances or to irradiating apparatus, without an authorization issued by the Atomic Energy Authority 13 Reliability check of personnel Regulations on Ionizing Radiation Protection of the Atomic Safety Regulation Protection n. 1 of 1999 Regulations on Ionizing Radiation Protection of the Atomic Safety Regulation Protection n. 1 of 1999, Art Measures to account for/secure/ physically protect means of delivery 15 National regulatory authority Atomic Energy Authority (Atomic Energy Authority Act no. 19 of 1969) Ministry of Science and Technology - Atomic Energy Authority 16 IAEA Safeguards Agreements INFCIRC/320 Safeguards Agreement, in force 06 August IAEA Code of Conduct on Safety and Security of Radioactive Sources 18 IAEA Database on Illicit Trafficking of Nuclear Materials and other Radioactive Sources IAEA information system on illicit trafficking and other unauthorized activities involving nuclear and radioactive materials State Participating 19 Other Agreements related to IAEA 20 Additional national legislation/regulations related to nuclear materials including CPPNM 15

16 21 Other 16

17 OP 3 (c) and (d) and related matters from OP 6 and OP 10 - Controls of BW including Related Materials State: Date of Report: Date of Addendum 1: Sri Lanka 11 May December 2005 Which of the following legislation, procedures, measures, agencies exist to control border crossings, export/import and other transfers of BW and Related Materials? Can violators be penalized? National legal framework Enforcement: civil/criminal penalties, and measures of implementation, etc YES if YES, indicate source document YES if YES, indicate source document Remarks 1 Border control Customs Ordinance Customs Ordinance, Arts: 43 and 44 Technical support of border control 2 measures Control of brokering, trading in, 3 negotiating, otherwise assisting in sale of goods and technology 4 Enforcement agencies/authorities Act No. 01 of 1969 The Department of Import and Export Control 5 Export control legislation in place 1. Import and Export Act No. 1 of 1969, as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987) 2. Comodity list under Extraordinary Gazette No Commodity List 6 Licensing provisions? Import and Export Act No. 1 of 1969, as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987)Art. 4 (no exports or imports shall take place without a license, unless those commodities are exempted)? Import and Export Act No. 1 of 1969, as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987), Arts Individual licensing 17

18 8 General licensing 9 Exceptions from licensing? Import and Export Act No. 1 of 1969, as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987)Art. 4 (no exports or imports shall take place without a license, unless those commodities are exempted)? Import and Export Act No. 1 of 1969, as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987) Arts Licensing of deemed export/visa 11 National licensing authority 12 Interagency review for licenses 13 Control lists? 1. Import and Export Act No. 1 of 1969, as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987) 2. Comodity list under Extraordinary Gazette No ? Comodity List 14 Updating of lists 15 Inclusion of technologies 16 Inclusion of means of delivery 17 End-user controls 18 Catch all clause 19 Intangible transfers 20 Transit control 21 Trans-shipment control 18

19 22 Re-export control 23 Control of providing funds 24 Control of providing transport services 25 Control of importation 1. Import and Export Act No. 1 of 1969 as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987) - Comodity list under Extraordinary Gazette No Offensive weapons Act, n. 18 of 21 June 1966 (Chapter 33) Offensive weapons Act, n. 18 of 21 June 1966 (Chapter 33) Ministry of Defence is responsible for authorizing and controlling of all imports of weapons 26 Extraterritorial applicability 27 Other With the megaport initiative, Sri Lanka has been able to improve safety and security of radioactive sources and monitor international movement of nuclear materials through ports of Sri Lanka. 19

20 OP 3 (c) and (d) and related matters from OP 6 and OP 10 - Controls of CW including Related Materials State: Date of Report: Date of Addendum 1: Sri Lanka 11 May December 2005 Which of the following legislation, procedures, measures, agencies exist to control border crossings, export/import and other transfers of CW and Related Materials? Can violators be penalized? National legal framework Enforcement: civil/criminal penalties, and measures of implementation, etc YES if YES, indicate source document YES if YES, indicate source document Remarks 1 Border control Customs Ordinance Customs Ordinance, Arts: 43 and 44 Technical support of border control 2 measures Control of brokering, trading in, 3 negotiating, otherwise assisting in sale of goods and technology 4 Enforcement agencies/authorities Act No. 01 of Export control legislation in place 1. Import and Export Act No. 1 of 1969 as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987)- Comodity list under Extraordinary Gazette No Chemical Weapons Convention Act, No.58 of 2007 Art. 21 (1) No person shall export from, or import into Sri Lanka any chemical or precursor listed in Schedules I, II and III to this Act except as approved by the Authority and in accordance with the provisions of the Customs The Department of Import and Export Control No.58 of 2007 Arts. 21and 22 20

21 6 Licensing provisions No.58 of 2007 Art. 21( (2) An application for a permit to import or export any chemical or precursor listed in Schedules I, II, and III to this Act shall, when made to the Controller of Imports and Exports, be referred by him to the Authority for necessary approval with or without conditions attached. ) National Authority for Implementation of the Chemical Weapons Convention 7 Individual licensing 8 General licensing 9 Exceptions from licensing 10 Licensing of deemed export/visa 11 National licensing authority No.58 of 2007 Art.5 1. National Authority for Implementation of the Chemical Weapons Convention 2. Controller of Imports and Exports 12 Interagency review for licenses No.58 of 2007 Art.5 1. National Authority for Implementation of the Chemical Weapons Convention 2. Controller of Imports and Exports 13 Control lists No.58 of 2007 Art. 21 Comodity list under Extraordinary Gazette No Schedules I, II and III 14 Updating of lists 15 Inclusion of technologies 16 Inclusion of means of delivery 17 End-user controls 21

22 18 Catch all clause 19 Intangible transfers 20 Transit control 21 Trans-shipment control 22 Re-export control 23 Control of providing funds 24 Control of providing transport services 25 Control of importation 1. Import and Export Act No. 1 of 1969 as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987)- Comodity list under Extraordinary Gazette No Chemical Weapons Convention Act, No.58 of 2007 Art. 21(Chemical Weapons Convention Act, No.58 of 2007 Art. 21 (1) No person shall export from, or import into Sri Lanka any chemical or precursor listed in Schedules I, II and III to this Act except as approved by the Authority and in accordance with the provisions of the Customs Ordinance (Chapter 235). No.58 of 2007 Arts. 21and Extraterritorial applicability No.58 of 2007 Art. 2 No.58 of 2007 Art Other 22

23 OP 3 (c) and (d) and related matters from OP 6, and OP 10 - Controls of NW including Related Materials State: Date of Report: Date of Addendum 1: Sri Lanka 11 May December 2005 Which of the following legislation, procedures, measures, agencies exist to control border crossings, export/import and other transfers of NW and Related Materials? Can violators be penalized? National legal framework Enforcement: civil/criminal penalties, and measures of implementation, etc YES if YES, indicate source document YES if YES, indicate source document Remarks 1 Border control Customs Ordinance Customs Ordinance, Arts: 43 and 44 Technical support of border control 2 measures Control of brokering, trading in, 3 negotiating, otherwise assisting in sale of goods and technology 4 Enforcement agencies/authorities Act No. 01 of 1969 The Department of Import and Export Control 5 Export control legislation in place 1. Import and Export Act No. 1 of 1969 as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987)- Comodity list under Extraordinary Gazette No Export prohibited under explosives ordinance. (Chap.633)? Explosives 6 Licensing provisions? Import and Export Act No. 1 of 1969, as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987)Art. 4 (no exports or imports shall take place without a license, unless those commodities are exempted)? Import and Export Act No. 1 of 1969, as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987), Arts

24 7 Individual licensing 8 General licensing 9 Exceptions from licensing? Import and Export Act No. 1 of 1969, as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987)Art. 4 (no exports or imports shall take place without a license, unless those commodities are exempted)? Import and Export Act No. 1 of 1969, as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987) Arts Licensing of deemed export/visa 11 National licensing authority 12 Interagency review for licenses 13 Control lists Import and Export Act No. 1 of 1969 as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987)- Comodity list under Extraordinary Gazette No Comodity List 14 Updating of lists 15 Inclusion of technologies 16 Inclusion of means of delivery 17 End-user controls 18 Catch all clause 19 Intangible transfers 24

25 20 Transit control 21 Trans-shipment control 22 Re-export control 23 Control of providing funds 24 Control of providing transport services 25 Control of importation 1. Import and Export Act No. 1 of 1969 as amended by Act No. 48 of 1985 (27 December 1985) and Act No. 28 of 1987 (2 June 1987)- Comodity list under Extraordinary Gazette No Offensive weapons Act, n. 18 of 21 June 1966 (Chapter 33) Ministry of Defence is responsible for authorizing and controlling of all imports of weapons 26 Extraterritorial applicability 27 Other 25

26 OP 6, 7 and 8 (d) - Control lists, Assistance, Information State: Date of Report: Date of Addendum 1: Sri Lanka 11 May December 2005 Can information be provided on the following issues? Control lists - items (goods/ 1 equipment/materials/technologies) YES Schedules I, II and III Remarks 2 Control lists - other 3 Assistance offered 4 Assistance requested The Central Bank of Sri Lank is pursuing with the World Bank for assistance in respect of the proposed Financial Intelligence Unit. The assistance package would cover, inter-alia training of officers, financial assistance particularly in the purchase of appropriate software. Moreover, the US Treasury officials have also 5 Assistance in place (bilateral/plurilateral/multilateral) Technical Assistance was sought by the Central Bank of Sri Lanka from the International Monetary Fund (IMF) to finalise legislation for the prevention of money laundering and to combat financing of terrorism. Accordingly, the draft Prevention of Money Laundering Act and the draft Convention on the Suppression of Terrorist Financing Act that were being finalized by the relevant Ministries were sent to the IMF, and in June 2003, a legal expert from the IMF, Mr. Ross Delston, visited Sri Lanka for period of one week, for consultations with the relevant Government Ministries/Departments and Agencies. 6 Information for industry 7 Information for the public 26