Prohibition on transfer, etc., of certain chemicals

(1) Every person commits an offence who intentionally or recklessly transfers to or receives from a State not Party to the Convention Schedule II chemicals or products containing such chemicals, except as stipulated below, and he shall be liable on conviction on indictment to imprisonment for five years or to a fine not exceeding ten thousand dollars. (2) Sub-section (1) shall not apply to those products containing Schedule II chemicals in which11 (a) the product contains one per cent or less of a Schedule IIA or IIA* chemical; (b) the product contains 10 per cent or less of a Schedule IIB chemical; (c) the product is identified as a consumer good packaged for retail sale for personal use or packaged for individual use. (3) Every person commits an offence who intentionally transfers to a State not Party to the Convention any Schedule 3 chemicals, or mixtures containing such chemicals in excess of 30 per cent in weight, without first receiving an end-user certificate from the competent government authority of the State which is not a Party to the Convention and such person shall be liable on conviction on indictment to imprisonment for five years or to a fine not exceeding ten thousand dollars. (4) An end-user certificate shall contain, at a minimum– (a) a statement that the Schedule III chemicals will only be used for purposes not prohibited under the Convention; (b) a statement that the Schedule III chemicals will not be re-transferred; (c) the types and quantities of the Schedule III chemicals to be transferred; (d) the end-use of the Schedule III chemicals to be transferred; and (e) the name and address of the Schedule III chemical end- user. (5) With regard to sub-section (4) (d) to (e), in the event that the Schedule III chemical transfer is to an importer in a State not 12 Party to the Convention, and such importer is not the actual end- user, the importer shall be obliged to specify the name and address of the end-user for the purposes of subsections (3) and (4). Imports and ex- ports of toxic chemicals or pre- cursors.