Article VIII consists of 51 paragraphs, divided into five sections. The first section establishes the Organization for the Prohibition of Chemical Weapons and its three constituent organs, the Conference of the States Parties, the Executive Council, and the Technical Secretariat, which are charged with implementing the Convention, and sets forth general provisions regarding the Organization. The Conference consists of all States Parties and is the ultimate policy–making body for the Convention. The Executive Council consists of 41 members, on a rotating basis, and is the executive authority for the Convention. The Technical Secretariat is the international body charged with conducting the international verification provided for in the Convention.
The next three sections delineate the composition, procedures, powers and functions of the Conference, the Executive Council, and the Technical Secretariat, respectively. The last section establishes the privileges and immunities necessary for the Organization, its delegates and representatives and the Director General and his or her staff to carry out their functions.
Section A (paragraphs 1 through 8) of Article VIII sets forth the general provisions on the Organization.
Paragraph 1 of Article VIII states that the States Parties to the Convention establish the Organization to achieve the object and purpose of the Convention, to ensure the implementation of its provisions, including those for international verification of compliance with it, and to provide a forum for consultation and cooperation among States Parties.
Paragraph 2 of Article VIII states that all States Parties to the Convention are members of the Organization and that a State Party may not be deprived of its membership in the Organization. However, pursuant to paragraph 8 of this Article, a member may be deprived of its vote in the Organization if it has failed to pay its financial contribution for two years. Also, pursuant to paragraph 2 of Article XII, a member's rights and privileges may be restricted or suspended by the Conference, upon the recommendation of the Executive Council if it fails to fulfill a request by the Executive Council to take measures to redress a situation raising problems regarding the member's compliance.
Paragraph 3 of Article VIII states that the seat of the Headquarters of the Organization shall be The Hague, Kingdom of the Netherlands.
Paragraph 4 of Article VIII establishes, as organs of the Organization, the Conference of the States Parties, the Executive Council, and the Technical Secretariat.
Paragraph 5 of Article VIII establishes guidelines for protecting legitimate interests of States Parties during the conduct of activities by the Organization. Specifically, this paragraph states that the Organization will conduct its verification activities in the least intrusive manner, consistent with the timely and efficient accomplishment of their objectives. It further states that the Organization shall request only the information and data necessary to fulfill its responsibilities under the Convention. Finally, this paragraph requires the Organization to take every precaution to protect the confidentiality of information on civil and military activities and facilities coming to its knowledge in the implementation of the Convention and, in particular, to abide by the provisions set forth in the Confidentiality Annex.
Paragraph 6 of Article VIII states that, in undertaking its verification activities, the Organization shall consider measures to make use of scientific and technological advances. The purpose of this paragraph is to make clear that the Organization, particularly the Technical Secretariat, is expected to regularly consider scientific advancements for improvements to its verification equipment.
Paragraph 7 of Article VIII sets forth the general rules for financing the Organization. Specifically, this paragraph states that the costs of the Organization's activities shall be paid by the States Parties in accordance with the UN scale of assessment, adjusted for differences in membership between the UN and the Organization. This provision is subject to the provisions of Articles IV and V whereby States Parties with chemical weapons pay for the costs of destruction and international verification of destruction of their chemical weapons and chemical weapons production facilities, respectively.
Paragraph 7 also states that a member's financial contribution to the Preparatory Commission shall be deducted in an appropriate way from contributions to the regular budget. This is understood to mean that those States Parties that did not financially contribute to the Preparatory Commission will pay proportionately more of the regular budget. The purpose of the provision is to encourage states to sign the Convention and participate in the Preparatory Commission before the Convention enters into force.
Finally, paragraph 7 states that the budget of the Organization shall be composed of two separate chapters: one relating to administrative and other costs; and one relating to verification costs. The purpose of this division is to facilitate budget preparation, given the relatively fixed costs of administration versus the requisite variable costs of verification. Note that this division does not affect the scale of contributions for States Parties.
Paragraph 8 of Article VIII sets forth the voting provisions for dealing with States Parties that have not made timely payments to the Organization. Specifically, this paragraph states that a member of the Organization which is in arrears in the payment of its financial contribution to the Organization shall have no vote in the Organization if the amount of its arrears equals or exceeds the amount of the contribution due it for the preceding two full years. This paragraph further states that the Conference may, nevertheless, permit such a member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the member. This provision is similar to Article 19 of the UN Charter.
Section B (paragraphs 9 through 22) of Article VIII specifies the composition, procedures, decision–making, and powers and functions of the Conference of the States Parties.
Paragraph 9 of Article VIII states that the Conference shall be composed of all members of the Organization and that each member shall have one representative in the Conference, who may be accompanied by alternates and advisers.
Paragraph 10 of Article VIII states that the first session of the Conference shall be convened not later than 30 days after the Convention's entry into force, while paragraph 11 states that the Conference shall meet in regular annual sessions unless it decides otherwise.
Paragraphs 12 and 13 of Article VIII contain the provisions for special sessions, other than the regular sessions, to address serious problems in implementing the Convention. Specifically, paragraph 12 of Article VIII states that special sessions shall be held if decided by the Conference, if requested by the Executive Council, or when requested by any member of the Conference with the support of one–third of the members. It further states that such sessions shall be convened not later than 30 days after receipt of the request by the Director–General, unless specified otherwise in the request.
Paragraph 12 also states that special sessions shall be held in accordance with paragraph 22 to undertake reviews of the operation of the Convention. Paragraph 22 provides for such review conferences no later than one year after the fifth and tenth years after the Convention's entry into force and at five–year intervals thereafter, as well as at other times if decided upon.
Paragraph 13 of Article VIII states that the Conference may be convened in the form of an Amendment Conference in accordance with paragraph 2 of Article XV, i.e. a special session to consider amendments to the Convention.
Paragraph 14 of Article VIII states that sessions of the Conference shall meet at the seat of the Organization, i.e. The Hague, unless it decides otherwise.
Paragraph 15 of Article VIII addresses Conference rules of procedure and selection of officers of the Conference. Specifically, this paragraph requires the Conference to adopt its rules of procedure and, at the beginning of each session, to elect its Chairman and such other officers as required, who shall hold office until a new Chairman and other officers are elected at the next regular session.
Paragraph 16 of Article VIII stipulates that a majority of the members of the Organization constitute a quorum for the Conference.
Paragraph 17 of Article VIII states that each member of the Conference shall have one vote in the Conference.
Paragraph 18 of Article VIII contains the rules for voting in the Conference on questions of procedure and of substance. Specifically, this paragraph states that decisions on questions of procedure are taken by a simple majority, i.e. fifty percent plus one, of the members present and voting. On matters of substance, paragraph 18 states that decisions should be taken as far as possible by consensus, but if consensus is not reached, the Chairman must defer any voting for 24 hours and continue to attempt to reach consensus. Before the end of this period, he or she must report to the Conference on his or her efforts. This paragraph further states that if consensus is still not reached, the Conference shall take the decision by a two–thirds majority of the members present and voting, unless the Convention specifically provides otherwise.
Finally, this paragraph states that when an issue arises as to whether a particular question is one of substance or procedure, the question is to be treated as a matter of substance unless otherwise decided by the Conference by the majority required for decisions on matters of substance, i.e. two–thirds of the members present and voting. The purpose of this last provision is to prevent a simple majority of the Conference from circumventing the two–thirds requirement for substantive issues by deciding that all questions are questions of procedure requiring only a simple majority.
The powers and functions of the Conference are set out in paragraphs 19 through 22.
Paragraph 19 of Article VIII sets forth the general powers and functions of the Conference as the principal organ of the Organization. Specifically, this paragraph states that the Conference, as the principal organ of the Organization, and shall consider any questions, matters or issues within the scope of the Convention, including those relating to the powers and functions of the Executive Council and the Technical Secretariat. Paragraph 19 also states that the Conference may make recommendations and take decisions on any questions, matters or issues related to the Convention raised by a State Party or brought to its attention by the Executive Council.
Paragraph 20 of Article VIII makes the Conference the principal overseer of the implementation of the Convention. Specifically, this paragraph states that the Conference shall oversee the implementation of the Convention and act in order to promote its object and purpose. To this end, this paragraph further states that the Conference shall review compliance with the Convention as well as oversee the activities of the Executive Council and the Technical Secretariat, and may issue guidelines in accordance with the Convention to the Executive Council and the Technical Secretariat in the exercise of their functions.
Paragraph 21 of Article VIII consists of eleven subparagraphs that enumerate the specific powers and responsibilities of the Conference. Subparagraphs 21(a) through (g) provide that the Conference shall: consider and adopt at its regular sessions, the report, program, and budget of the Organization, submitted by the Executive Council, as well as consider other reports; decide the scale of financial contributions to be paid by States Parties under paragraph 7 of this Article, i.e. make the adjustments to the UN scale of assessment necessary to take into account differences in membership; elect the members of the Executive Council, i.e. ratify the selection made by each of the regional groups pursuant to paragraph 23 of this Article; appoint the Director–General of the Technical Secretariat; approve the rules of procedure of the Executive Council submitted by the Executive Council; establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with the Convention; and foster international cooperation for peaceful purposes in the field of chemical activities.
Subparagraph 21(h) states that the Conference shall review scientific and technological developments that could affect the operation of the Convention. This subparagraph further states that, in this context, the Conference shall direct the Director–General to establish a Scientific Advisory Board ("the Board") to enable the Director–General, in the performance of his or her functions, to render specialized advice in the areas of science and technology relevant to the Convention to the following parties: the Conference, the Executive Council and States Parties. Finally, this subparagraph requires the Board to be composed of independent experts appointed in accordance with terms of reference adopted by the Conference, i.e. appointed pursuant to selection criteria determined by the Conference. Note that paragraph 45 of this Article sets forth the composition of the Board and the Director–General's specific responsibilities with regard to it.
Subparagraphs 21(i) and (j) provide that, at its first session, the Conference shall consider and approve any draft agreements, provisions and guidelines developed by the Preparatory Commission for the Organization for the Prohibition of Chemical Weapons ("the Preparatory Commission") and establish the voluntary fund for assistance in accordance with Article X. (Paragraph 7(a) of Article X establishes a voluntary fund for assistance as one of the measures for providing assistance and protection against chemical weapons.) Note that references to subparagraph 21(i) appear throughout the Convention with reference to details that are to be elaborated by the Preparatory Commission prior to entry into force of the Convention.
Subparagraph 21(k) states that the Conference shall take the necessary measures to ensure compliance with the Convention and to redress and remedy any situation which contravenes the provisions of the Convention, in accordance with Article XII. (Article XII contains measures to redress a situation and to ensure compliance, including sanctions.)
Paragraph 22 of Article VIII provides for scheduled review conferences. Specifically, this paragraph states that the Conference shall, not later than one year after the expiry of the fifth and tenth year after the entry into force of the Convention, and at such other times within that time period as may be decided upon, convene in special sessions to undertake reviews of the operation of the Convention. This means that sometime during the sixth year and the eleventh year after entry into force of the Convention, as well as anytime during those eleven years that it decides to, the Conference shall review the operation of the Convention.
Paragraph 22 also states that such reviews shall take into account any relevant scientific and technological developments, e.g. new types of chemicals and new verification technologies. Finally, this paragraph states that at intervals of five years thereafter, i.e. beginning the sixteenth year after entry into force, unless otherwise decided upon, further sessions of the Conference shall be convened with the same objective. Note that, pursuant to paragraph 12(a) of this Article, the Conference also could hold special sessions to review the Convention during these latter five–year intervals.
Section C (paragraphs 23 through 36) of Article VIII specifies the composition, procedures, decision–making, and powers and functions of the Executive Council.
Paragraph 23 of Article VIII sets forth the composition of the Executive Council. Specifically, this paragraph states that the Executive Council shall have 41 members, with each State Party, in accordance with the principle of rotation, having the right to serve on the Executive Council. This paragraph further states that the members of the Executive Council shall be elected by the Conference, i.e. pursuant to paragraph 21(c) of this Article, for a term of two years.
Paragraph 23 also sets forth, in six subparagraphs, the composition of the Executive Council by regional group and general industrial criteria, and sets forth the criteria used to develop this composition: to ensure the effective functioning of the Convention, due regard being specially paid to equitable geographical distribution, to the importance of chemical industry, as well as to political and security interests.
Subparagraphs 23(a) through (f) establish the geographic apportionment of the seats among States Parties from Africa, Asia, Eastern Europe, Latin America and the Caribbean, and Western Europe and Other States, i.e. Western Europe, the U.S., Canada, Australia, and New Zealand, plus a rotating seat. Each of these subparagraphs further states that the members of the Executive Council shall be designated by States Parties in their respective region. Subparagraphs 23(a) through (e) then provide, for each of the five regions, that as a basis for this determination it is understood that a certain number, fixed for each region, of the States Parties will, as a rule, be those with the most significant national chemical industry in the region as determined by internationally reported and published data ("industrial seats"). Each subparagraph further states that, in addition, the regional group shall agree also to take into account other regional factors in designating these members.
This formula represents a compromise between the negotiating states with significant chemical industry, primarily the U.S. and Western Europe, and developing countries that were opposed to permanent seats for specific states. The formula is intended to make very likely, but not absolutely guarantee, that the States Parties with the most significant chemical industry, i.e. those that will bear the greatest implementation burden, will be permanent members of the Executive Council. In addition to having the most significant chemical industry in the Western European and Other States group, the U.S. has reached a political agreement within the group that the U.S. will have a permanent seat on the Executive Council.
Subparagraphs 23(a) through (e) subdivide 40 of the 41 seats on the Executive Council as follows:
Nine seats to Africa, of which three are to be industrial seats;
Nine seats to Asia, of which four are to be industrial seats;
Five seats to Eastern Europe, of which one is to be an industrial seat;
Seven seats to Latin America and the Caribbean, of which three are to be industrial seats; and
Ten seats to the Western European and Other States, of which five are to be industrial seats.
Subparagraph 23(f) creates a 41st seat that is to be rotated between States Parties from Asia and Latin America and the Caribbean.
Paragraph 24 of Article VII states that, for the first election of the Executive Council, 20 members will be elected for a term of one year, due regard being paid to the numerical proportions described in paragraph 23, i.e. the regional allocations. The purpose of this paragraph is to ensure that the composition of the Executive Council is not subject to a complete change every two years.
Paragraph 25 of Article VIII states that the composition of the Executive Council may be reviewed, upon a request of a majority of the members of the Executive Council, by the Conference after full implementation of Articles IV and V, i.e. after all chemical weapons have been destroyed and all chemical weapons production facilities destroyed or converted. The reason for this provision is that after destruction and conversion are certified as complete, the routine verification activities of the Convention will largely focus on verification of commercial activities. This review provision also represents a compromise between those negotiating states desiring a larger, or even open–ended, Executive Council and those, including the U.S., desiring a smaller, more efficient Executive Council.
Paragraph 26 of Article VIII states that the Executive Council shall elaborate its rules of procedure and submit them to the Conference for approval, i.e. as provided for in paragraph 21(e) of this Article.
Paragraph 27 of Article VIII states that the Executive Council shall elect its Chairman from among its members.
Paragraph 28 of Article VIII states that the Executive Council shall meet for regular sessions, but that between regular sessions, it shall meet as often as may be required for the fulfillment of its powers and functions.
Paragraph 29 of Article VIII addresses the issue of voting within the Executive Council. Specifically, this paragraph states that each member of the Executive Council shall have one vote. This paragraph further states that, unless otherwise specified in the Convention, the Executive Council shall take decisions on matters of substance by a two–thirds majority of all its members. Note that, unlike the Conference, the Executive Council is not required to first seek consensus. Note also that, pursuant to paragraph 17 of Article IX, an Executive Council vote to stop a challenge inspection requires a three–quarters majority, and that, pursuant to paragraph 10 of Article X, an Executive Council vote to provide assistance against chemical weapons requires only a simple majority.
Paragraph 29 also states that the Executive Council shall take decisions on matters of procedure by a simple majority of all its members. The paragraph further states that if the issue arises of whether a question is one of substance or not, i.e. substantive or procedural, the question is treated as a matter of substance unless otherwise decided by the Executive Council by the majority required for decisions on matters of substance. In other words, where an issue arises as to whether a question is substantive or procedural, the Executive Council will treat it as substantive unless it decides by a two–thirds majority to treat it as procedural. Note that, unlike the Conference, both the simple and two–thirds majorities must those of the entire membership of the Executive Council, not just of those present and voting.
The powers and functions of the Executive Council are elaborated in paragraphs 30 through 36.
Paragraph 30 of Article VIII addresses the central purpose and responsibilities of the Executive Council. Specifically, this paragraph states that the Executive Council is the executive organ of the Organization, but is responsible, i.e. subordinate, to the Conference. This paragraph further states that the Executive Council shall carry out the powers and functions entrusted to it under the Convention, as well as those functions delegated to it by the Conference. Finally, this paragraph states that, in doing so, the Executive Council must act in conformity with the recommendations, decision and guidelines of the Conference and assure their proper and continuous implementation.
Paragraph 31 of Article VIII sets forth the implementation tasks of the Executive Council. Specifically, this paragraph states that the Executive Council is to promote the effective implementation of, and compliance with, the Convention. This paragraph further states that the Executive Council is to supervise the activities of the Technical Secretariat, cooperate with the National Authority of each State Party (discussed in paragraph 4 of Article VII) and facilitate cooperation and consultations among States Parties at their request.
Paragraph 32 of Article VIII sets forth the Executive Council's responsibilities with regard to Conference. Specifically, this paragraph requires the Executive Council to: consider and submit to the Conference draft Organizational programs, budgets and reports on the implementation of the Convention; reports on the performance on its own activities; and such other reports as it deems necessary or as requested by the Conference. Finally, this paragraph directs the Executive Council to make arrangements for the sessions of the Conference, including the draft agenda.
Paragraph 33 of Article VIII states that the Executive Council may request the convening of a special session of the Conference. Pursuant to paragraph 12(b) of this Article, the Conference is required to convene such a session.
Paragraph 34 of Article VIII sets forth, in three subparagraphs, the Executive Council's powers with regard to concluding arrangements or agreements with entities outside the Organization. Subparagraph 34(a) states that the Executive Council, subject to prior approval by the Conference, may conclude agreements or arrangements with States and international organizations on behalf of the Organization. Note that agreements and arrangements are functionally the same, but some states take the view that only the former are legally binding. Note also that, pursuant to paragraph 39(a) of this Article, the Technical Secretariat negotiates the arrangements or agreements while the Executive Council formally approves them.
Subparagraph 34(b) states that the Executive Council may conclude agreements with States Parties on behalf of the Organization in connection with Article X, e.g. those for the procurement of assistance against chemical weapons pursuant to paragraph 7(b) of Article X, and supervise the voluntary fund referred to in Article X, i.e. the voluntary fund for assistance against chemical weapons pursuant to paragraph 7(a) of Article X.
Subparagraph 34(c) permits the Executive Council to approve agreements or arrangements negotiated by the Technical Secretariat relating to the implementation of verification activities, e.g. facility agreements pursuant to paragraph 3 of Part III of the Verification Annex
Paragraphs 35 and 36 of Article VIII set forth the broad powers of the Executive Council with regard to the Convention, in particular those related to compliance with the Convention by States Parties. Paragraph 35 of Article VIII gives the Executive Council the power to consider any issue or matter affecting the Convention and its implementation, including concerns regarding compliance, and cases of non–compliance. The term "concerns regarding compliance and cases of non–compliance" is intended to indicate that the Executive Council should address concerns and situations related to compliance, as opposed to actually deciding whether or not there has been compliance with the Convention.
Note that the phrase "concern regarding compliance" is understood to mean that the issue is unresolved or ambiguous, while "cases of non–compliance" is understood to mean that a State Party has made a decision that another State Party is not in compliance with the Convention.
Paragraph 35 also states that the Executive Council shall, as appropriate, inform States Parties and bring the issue to the attention of the Conference.
Paragraph 36 of Article VIII specifically addresses what the Executive Council can do in cases of questions on compliance. Specifically, this paragraph states that, in its consideration of doubts or concerns regarding compliance and cases of non–compliance, including, inter alia, abuse of the rights provided for under the Convention, the Executive Council shall consult with the States Parties involved and request that measures be taken to redress the situation within a specified time. Note that, inter alia, pursuant to paragraph 2 of Article XII, if a State Party fails to fulfill this request within the specified time, if the Executive Council so recommends, the Conference may restrict or suspend the State Party's rights and privileges under the Convention.
Paragraph 36 further states that, to the extent the Executive Council considers further action to be necessary, it shall take, inter alia, one or more of the following measures: inform all States Parties of the issue or matter; bring the issue or matter to the attention of the Conference; or make recommendations to the Conference on measures to redress the situation and ensure compliance. Note that, as discussed above, one of the recommendation could be to suspend the State Party's rights and privileges under the Convention.
Finally, Paragraph 36 states that in cases of particular gravity and urgency, the Executive Council shall bring the matter to the attention of the UN General Assembly and the UN Security Council while at the same time informing all States Parties of this step.
Section D (paragraphs 37 though 47) of Article VIII contains the general provisions with regard to the Technical Secretariat.
Paragraph 37 of Article VIII sets forth the primary task of the Technical Secretariat, which is to carry out verification measures. Specifically, this paragraph states that the Technical Secretariat shall assist the Conference and the Executive Council in the performance of their functions and shall carry out the verification measures provided for in the Convention, other functions entrusted to it under the Convention, and those functions delegated to it by the Conference and the Executive Council.
Paragraph 38 of Article VIII, in five subparagraphs, specifies the other functions of the Technical Secretariat, including those related to implementation. Subparagraphs 38(a) and (b) task the Technical Secretariat with preparing and submitting to the Executive Council the Organization's draft program and budget, the draft report on implementation of the Convention, and such other reports as the Conference or the Executive Council may request. Subparagraph 38(c) tasks the Technical Secretariat with providing administrative and technical support to the Conference, the Executive Council and subsidiary organs. Subparagraph 38(d) states that the Technical Secretariat shall address and receive communications on behalf of the Organization to and from States Parties on matters pertaining to implementation. Note that, pursuant to subparagraph (a) of Article XXIII, the communications role of the depositary (the UN Secretary–General) is largely limited to notices regarding states joining the Convention. Finally, subparagraph 38(e) states that the Technical Secretariat shall provide technical assistance and technical evaluation to States Parties on the implementation provisions of the Convention, including the evaluation of scheduled and unscheduled chemicals, i.e. those chemicals listed on Schedules 1, 2 or 3 of the Annex on Chemicals, as well any other chemicals.
Paragraph 39 of Article VIII sets forth, in three subparagraphs, the responsibilities of the Technical Secretariat with regard to agreements and assistance. Subparagraph 39(a) states that the Technical Secretariat is responsible for the negotiation of agreements or arrangements relating to the implementation of verification activities with States Parties, subject to approval by the Executive Council, i.e. in accordance with paragraph 34(a) of this Article.
Subparagraph 39(b) states that the Technical Secretariat shall, not later than 180 days after the Convention's entry into force, coordinate the establishment and maintenance of permanent stockpiles of emergency and humanitarian assistance by States Parties in accordance with paragraphs 7(b) and (c) of Article X, i.e. agreements or declarations by States Parties to provide assistance and protection against chemical weapons. This subparagraph further states that the Technical Secretariat may inspect the items maintained for serviceability. Finally, this paragraph states that the lists of items to be stockpiled are to be considered approved by the Conference pursuant to paragraph 21(i) of Article VIII, i.e. using reports prepared by the Preparatory Commission.
Subparagraph 39(c) states that the Technical Secretariat is responsible for administering the voluntary fund established under Article X, i.e. paragraph 7(a) of Article X, compiling declarations made by States Parties, i.e. declarations of assistance pursuant to paragraph 7(c) of Article X, and registering, when requested, bilateral agreements concluded between States Parties for the purposes of Article X, i.e. those referred to in paragraph 6 of Article X, or between a State Party and the Organization for the purposes of Article X, i.e. pursuant to paragraph 7(b) of Article X.
Paragraph 40 of Article VIII requires the Technical Secretariat to notify the Executive Council when problems arise with regard to its implementation of the Convention. Specifically, this paragraph requires the Technical Secretariat to inform the Executive Council of any problem that has arisen with regard to the discharge of its functions, including doubts, ambiguities, or uncertainties about compliance with the Convention that have come to its notice in the performance of its verification activities and that it has been unable to resolve or clarify through its consultations with the State Party concerned. However, it is not the Technical Secretariat's prerogative to determine a State Party's compliance with the Convention. Note that States Parties also have the right to request, through the Executive Council, clarification of concerns and doubts regarding its compliance or the compliance of another State Party, pursuant to Article IX.
Paragraphs 41 through 47 set out the organizational structure of the Technical Secretariat and the specific responsibilities of its Director–General.
Paragraph 41 of Article VIII states that the Technical Secretariat shall consist of a Director–General, who shall be its head and chief administrative officer, inspectors, and such scientific, technical and other personnel as may be required.
Paragraph 42 of Article VIII states that the Inspectorate is a unit of the Technical Secretariat and shall act under the supervision of the Director–General.
Paragraph 43 of Article VIII states that the Director–General is appointed by the Conference, upon the recommendation of the Executive Council, for a four–year term. This paragraph further states that the Director–General's term may be renewed for one further term, i.e. four more years, but not thereafter.
Paragraph 44 of Article VIII concerns the recruitment of staff for the Technical Secretariat. Specifically, this paragraph states that the Director–General is responsible to the Conference and the Executive Council for the appointment of the staff, and the organization and functioning of the Technical Secretariat. This paragraph further states that the paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity.
Paragraph 44 also states that only citizens of States Parties may serve as the Director–General, inspectors or as other members of the professional and clerical staff of the Technical Secretariat. Finally, this paragraph specifies that due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible and that recruitment shall be guided by the principle that the staff shall be kept to the minimum necessary for the proper discharge of the responsibilities of the Technical Secretariat.
Paragraph 45 of Article VIII makes the Director–General also responsible for the Scientific Advisory Board. Specifically, this paragraph states that the Director–General shall be responsible for the organization and functioning of the Board referred to in paragraph 21(h) of this Article, and, in consultation with States Parties, shall appoint its members, who shall serve in their individual capacity, i.e. offering their personal or technical advice rather than representing a State Party. This paragraph also states that the members of the Board are to be appointed on the basis of their expertise in the particular scientific fields relevant to the implementation of the Convention. This paragraph further states that the Director–General may, in consultation with the Board, establish temporary working groups of scientific experts to provide recommendations on specific issues. Finally, this paragraph states that in regard to the above, States Parties may submit lists of experts to the Director–General.
Paragraph 46 of Article VIII states that, in the performance of their duties, the Director–General, the inspectors and the other members of the staff shall not seek or receive instructions from any Government or from any other source external to the Organization. This paragraph further states that the Director–General, the inspectors and the other members of the staff shall refrain from any action which might reflect on their positions as international officers responsible only to the Conference and the Executive Council. This means that they may not act as representatives of, or in support of, their countries' interests. This requirement does not preclude the seconding of State Party personnel as a method of staffing the Technical Secretariat, however.
Paragraph 47 of Article VIII states that each State Party shall respect the international character of the responsibilities of the Director–General, the inspectors, and the other members of the staff and not seek to influence them in the discharge of their responsibilities.
Section E (paragraphs 48 through 51) of Article VIII sets forth the general privileges and immunities to be accorded the Organization. (Specific privileges and immunities for members of inspection teams and observers are discussed in Section B of Part II of the Verification Annex.)
Paragraph 48 of Article VIII states that the Organization shall enjoy on the territory and in any other place under the jurisdiction or control of a State Party such legal capacity and privileges and immunities as are necessary for the exercise of its functions. This provision and paragraph 49 are similar to those for other international organizations such as the UN and the International Atomic Energy Agency.
Paragraph 49 of Article VIII states that delegates of States Parties, together with their alternates and advisers, representatives appointed to the Executive Council together with their alternates and advisers, and the Director–General and staff of the Organization shall enjoy such privileges and immunities as are necessary in the independent exercise of their functions.
Paragraph 50 of Article VIII states that the legal capacity, privileges and immunities referred to in this Article shall be defined in agreements between the Organization and the States Parties as well as in an agreement between the Organization and the State in which the headquarters of the Organization is seated, i.e. the Kingdom of the Netherlands. Note that the agreements between the Organization and States Parties will concern, inter alia, the privileges and immunities to be accorded inspectors, inspection assistants, and observers. These agreements may be similar to those with other international organizations, such as the International Atomic Energy Agency.
Paragraph 51 of Article VIII states that the privileges and immunities enjoyed by the Director–General and the staff of the Technical Secretariat during the conduct of verification activities shall be those set forth in Section B of Part II of the Verification Annex, i.e. the specific privileges and immunities set forth for inspectors and inspection assistants. The purpose of this provision is to make clear that the agreements between the Organization and the States Parties, pursuant to paragraph 50, will include these privileges and immunities.