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NATIONAL AUTHORITY FOR CHEMICAL WEAPONS CONVENTION MALAYSIA
TERMS OF REFERENCE OF THE SCIENTIFIC ADVISORY BOARD
RULES OF PROCEDURE FOR THE SCIENTIFIC ADVISORY BOARD AND TEMPORARY WORKING GROUPS OF SCIENTIFIC EXPERTS
Terms of Reference of the Scientific Advisory Board
TABLE OF CONTENTS
TERMS OF REFERENCE
1. Introduction
2. Role and Functions
3. Composition
4. Rules of Procedure
5. Working Groups
6. Relationship with the Secretariat of National Authority for Chemical Weapons Convention
7. Meetings
RULES OF PROCEDURE FOR THE SCIENTIFIC ADVISORY BOARD AND TEMPORARY WORKING GROUPS OF SCIENTIFIC EXPERTS
A. PREAMBLE
Rule 1: Mode of Operation The Scientific Advisory Board Temporary Working Groups
Rule 2: Observers
Rule 3: Secretarial support
Rule 4: Language
Rule 5: Communication
Rule 6: Reports
Rule 7: Conflict of Interest
Rule 8: Code of Conduct
Rule 9: Confidentiality
Rule 10: Dismissal of Board Members
Rule 11: Amendment of Rules
TERMS OF REFERENCE OF THE SCIENTIFIC ADVISORY BOARD
Introduction
1. In accordance with Act 641, Chemical Weapons Convention Act 2005 (incorporating amendments up to 1 September 2006) under paragraph 8 (1) (2) & (3) on establishment of committees under National Authorities stated the following :
8. (1) The National Authority may from time to time appoint such committees as it may deem necessary or expedient to assist it in the performance of its functions and exercise of its powers under this Act;
8. (2) Subject to this Act and any rules made under section 17, each of such committees may regulate its own procedure;
8. (3) Members of such committees may be paid such allowances and other expenses in connection with the work of the committees as the Minister may from time to time determine with the concurrence of the Minister of Finance.
2. Under paragraph 9 (1) under the delegation of functions and power, The National Authority may, subject to such conditions, limitations or restrictions as it deems fit to impose, delegate any of its functions and powers, except the power to delegate and power to make rules under section 17, to —
(a) the Chairman;
(b) any member of the National Authority; and
(c) a committee.
3. Paragraph 9 (2) stated that any person or committee delegated with such functions and powers shall observe and have regard to all conditions and restrictions imposed by the National Authority and all requirements, procedures and matters specified by the National Authority.
4. Paragraph 9 (3) stated that any function or power delegated under this section shall be performed and exercised in the name and on behalf of the National Authority.
5. Paragraph (4) The delegation under this section shall not preclude the National Authority itself from performing or exercising at any time any of the delegated functions and powers.
Role and functions
6. The role of the Board shall be to enable the Chairman, in the performance of his functions, to render specialised advice to the Members of the Scientific Advisory Board (SAB) in areas of science and technology relevant to the Convention. Consistent with the provisions of the Convention, the functions of the Board include the following:
(a) assess and report to the Chairman of the National Authority for Chemical Weapons Convention developments in scientific and technological fields relevant to the Convention;
(b) co-ordinate the efforts of the working groups temporarily established in accordance with the Convention
(c) as necessary, provide scientific and technological advice relevant to the Convention, including advice on technical matters related to co-operation and assistance, to the Secretariat of National Authority for Chemical Weapons Convention upon request;
(d) upon the request of the Chairman, assess the scientific and technological merit of a present, or proposed, methodology for use by the Secretariat of National Authority for Chemical Weapons Convention in verification under the Convention;
(e) assess and report on emerging technologies and new equipment which could be used on verification activities; and
(f) when directed by the Secretariat of National Authority for Chemical Weapons Convention, provide advice and make recommendations taking into account any relevant scientific and technological developments for the purpose of assisting the Secretariat in its review of the operation of the Convention.
Composition
7. The Board shall consist of 12 members appointed by the Chairman of the National Authority for Chemical Weapons Convention in consultation from a list of nominees put forward by Secretariat of National Authority for Chemical Weapons Convention. The members of the Board shall serve in their individual capacity as independent experts.
8. The members of the Board shall be appointed from eminent persons active at such institutions as research institutions, universities, chemical industry companies, defence and military organisations, on the basis of their expertise in the particular scientific fields relevant to the implementation of the Convention.
9. The members of the Board shall be selected based on their qualifications and experience, taking into account their publications, scientific, academic or professional activities, distinctions and international experience with due regard to the area of speciality.
10. Preference shall be given to persons who are knowledgeable about the relevant scientific and technological developments, and who are familiar with the implementation of the Convention. Efforts shall be made to maintain a balance between the areas of research, development and applications.
11. Each Member may present to the Chairman one or more experts available and qualified to serve on the Board. The 12 members shall be appointed by the Chairman through a process of consultations with Secretariat of National Authority for Chemical Weapons Convention. These consultations shall take into account the need for a comprehensive spread of relevant fields of scientific and technological expertise, and result in a fair distribution of appointments from the regions.
12. Only Malaysian citizens are eligible to serve as members of the board.
13. The term of office of members of the Board shall be two years. A Board member may serve for two consecutive terms.
14. The Chairman, in consultation with Secretariat of National Authority for Chemical Weapons Convention, shall appoint persons to replace members who are for any reason prevented from taking part in the work of the Board for the remainder of their term in office.
15. The Chairman shall report the replacement and the reason thereof in his annual National Authority Meeting.
Rules of procedure
16. The Chairman shall provide Rules of Procedure, after notification of the Secretariat of National Authority for Chemical Weapons Convention, for the organisation and functioning of the Board, which shall include the following:
i. rules for the convening and conduct of meetings and for the adoption of its reports, assessments or recommendations;
ii. rules regarding the protection of confidential information;
iii. rules to ensure that a Board member shall disclose to the Chairman any activity which may affect the individual’s impartiality or appearance of impartiality;
iv. rules regarding communication, through the Secretariat of National Authority for Chemical Weapons Convention with Board Members;
v. procedure for the dismissal of any member of the Board for just cause and for reporting such dismissal to the Secretariat of National Authority for Chemical Weapons Convention, as appropriate.
Working groups
17. In consultation with members of the Board, the Chairman may establish temporary working groups of scientific experts to provide recommendations within a specific time-frame on specific issues, in accordance with Article VIII, paragraph 45 of the Convention.
18. In consultation with the Chairman and after notification of the SAB, the Chairman shall provide Rules of Procedure for the NACWC and functioning of the working groups, which shall include the following:
i. rules for the convening and conduct of meetings;
ii. rules regarding the protection of confidential information;
iii. rules to ensure that a working group member shall disclose to the Chairman and the Secretariat of National Authority for Chemical Weapons Convention any activity which may affect the individual’s impartiality or appearance of impartiality; and
iv. rules to ensure that all communication, information-sharing and co-operation with all Members, other relevant international agencies and the scientific community shall be with the approval of the Chairman.
Relationship with the Secretariat of National Authority for Chemical Weapons Convention
19. The Chairman shall provide through the Secretariat of National Authority for Chemical Weapons Convention appropriate support for the preparation, organisation and implementation of the Board’s activities and that of the temporary working groups.
Meetings
20. The Board shall meet every quarter at the request of the Secretariat of National Authority for Chemical Weapons Convention
21. On the Chairman’s own behalf or at the request of the National Authority Members, the Chairman may, in consultation with the Chair of the Board, convene ad hoc meetings of the Board as he sees fit.
RULES OF PROCEDURE FOR THE SCIENTIFIC ADVISORY BOARD AND TEMPORARY WORKING GROUPS OF SCIENTIFIC EXPERTS
PREAMBLE
In consultation with the members of the Scientific Advisory Board, the Chairman may establish temporary working groups of scientific experts to provide recommendations on specific issues within a specific time frame, in accordance with Chemical Weapons Convention, CWC Act 2005 and its Regulations 2007.
RULE 1
MODE OF OPERATION
1. The Scientific Advisory Board
1.1. The Scientific Advisory Board shall appoint by consensus a Chair and a Vice-Chair by bi-annual election from among its members
1.2. The Chairman in consultation with the Chair of the Scientific Advisory Board, shall notify each member of the Board of a planned meeting, stating the purpose, the venue, the opening date and the expected duration of the meeting, as far in advance as possible, but at least 30 days before the opening day of the meeting. The period of advance notification may be shorter if an emergency meeting is required. The provisional agenda (see Rule 1.4 below) shall be transmitted together with the notice of the meeting. Such notification shall be given in writing and dispatched by an appropriate means of communication.
1.3. Meetings of the Scientific Advisory Board shall be held at the venue agreed by the Chairman of the NACWC.
1.4. A provisional agenda for each meeting of the Scientific Advisory Board shall be prepared by the Chair of the Board, in consultation with the Chairman of the NACWC. The Board shall adopt an agenda for each of its meetings on the basis of the provisional agenda submitted by the Chair. The provisional agenda may be revised, as necessary, by deferring, deleting or amending items on the agenda.
1.5. The Chairman may include in the agenda of the Scientific Advisory Board any item related to its terms of reference which he or she wishes to have discussed by the Board.
2. Temporary working groups
2.1 A temporary working group shall be chaired by a member of the Scientific Advisory Board appointed for that purpose by the Chair of the Board, with the approval of the Chairman.
2.2 The Chairman shall transmit to the Chair of each temporary working group a mandate setting out:
(a) the specific issue to be addressed, and
(b) the time limit within which the working group must report on the issue.
2.3 The Chair of the temporary working group may convene meetings of the group. For this purpose, the Chair shall notify each member of a planned meeting, stating the purpose, the venue, the opening date and the expected duration of the meeting, at least 15 days before the opening day of the meeting. Such notification shall be given in writing, and dispatched by an appropriate means of communication.
2.4 Meetings of the temporary working groups shall normally be held at office of the Secretariat of National Authority for Chemical Weapons Convention
RULE 2
OBSERVERS
1. Unless prior written approval has been obtained from the Chairman, observers will not be permitted to attend meetings of the Scientific Advisory Board, nor of the temporary working groups. Any observers who do participate, shall do so without cost to the Secretariat of National Authority for Chemical Weapons Convention.
RULE 3
SECRETARIAL SUPPORT
1. The Chairman shall provide, through the Secretariat of National Authority for Chemical Weapons Convention, administrative and technical support for the preparation, organisation and implementation of activities of the Scientific Advisory Board. The same support shall be provided to the temporary working groups.
RULE 4
LANGUAGE
1. The official languages of the Scientific Advisory Board shall be English and Bahasa Melayu. The working language shall be English. At any meeting of the Scientific Advisory Board or of a temporary working group, a member may make a presentation and provide a written version of the text in English.
RULE 5
COMMUNICATION
1. Any formal communication by the members of the Scientific Advisory Board acting in that capacity, or by members of the temporary working groups acting in that capacity with National Authority Members shall be made through the Secretariat of National Authority for Chemical Weapons Convention. For any formal communication other than that referred to under the above rule, the prior approval of the Chairman shall be required.
RULE 6
REPORTS
1. Scientific Advisory Board
1.1. The Scientific Advisory Board shall provide to the Chairman an annual report of its activities, including an account of its contributions during the previous year. The report shall include the reports of the temporary working groups covering the same period. The report of the Scientific Advisory Board shall be adopted by consensus.
1.2. The conclusions and recommendations of the reports of the Scientific Advisory Board shall be developed through a consensus process. If consensus on the conclusions and recommendations cannot be achieved, the report of the Scientific Advisory Board shall reflect any minority view(s), as appropriate.
2. Temporary working groups
2.1 Within the time limit provided in the Chairman’s mandate, each temporary working group will provide a report to the Chair of the Scientific Advisory Board, with a copy to the Chairman, on the results of its research into and analysis of the issue in question.
2.2 The reports of each temporary working group will be reviewed by the Scientific Advisory Board. Any comments resulting from this review will be forwarded to the Chairman of the NACWC as soon as possible, to allow him or her to take action based on the report of the temporary working group and the comments on that report provided by the Scientific Advisory Board. Any report of a temporary working group shall be attached, without modification, to the annual report of the Scientific Advisory Board.
RULE 7
CONFLICT OF INTEREST
1. Each member of the Scientific Advisory Board or of a temporary working group shall immediately disclose to the Chairman any activity in which he or she is involved that could affect his or her impartiality or appearance of impartiality. The Chairman shall then inform all other members of the Scientific Advisory Board of any such disclosure. In such cases, if the Chairman considers it appropriate, the member concerned shall be requested either to refrain from that specific activity, or to cease participation in all activities relating to the Scientific Advisory Board or temporary working group.
2. If any member of the Scientific Advisory Board or of a temporary working group is aware of any activity of another member of the Board or working group that could affect his or her impartiality or appearance of impartiality, he or she shall notify such activity to the Chairman.
RULE 8
CODE OF CONDUCT
1. The purpose of this Code of Conduct is to enhance confidence in the integrity of the members of the Scientific Advisory Board and of the temporary working groups as independent experts serving in their individual capacity. In carrying out their duties, all members of the Scientific Advisory Board and the temporary working groups shall:
i. perform their official duties and arrange their private affairs in such a manner that public confidence and trust in the integrity, objectivity and impartiality of the members are conserved and enhanced;
ii. act in good faith for the best interest of the scientific advisory process;
iii. disclose annually to the Chairman all sources of funding for attendance at ad hoc meetings of the Scientific Advisory Board or the meetings of the temporary working group(s);
iv. not give preferential treatment to any person or any interest in any official manner related to the Scientific Advisory Board or the temporary working groups.
RULE 9
CONFIDENTIALITY
1. Without prejudice to Rule 2 above, the deliberations of the Scientific Advisory Board and the temporary working groups shall take place in closed sessions. Members of the Scientific Advisory Board and the temporary working groups shall be bound by the provisions of the Confidentiality Annex to the Convention, and of the OPCW Policy on Confidentiality, and shall, when using confidential documents, apply the OPCW Manual of Confidentiality Procedure, mutatis mutandis.
2. The Chairman shall ensure that meetings of the Scientific Advisory Board and temporary working groups in which confidential information is considered receive support only from those staff members of the Secretariat of National Authority for Chemical Weapons Convention who have been specifically cleared by the Chairman.
3. The members of the Scientific Advisory Board and the temporary working groups shall enter into individual secrecy agreements with the Chairman.
4. Nothing in these rules may be implemented or interpreted in any way that would prejudice the NACWC Policy on Confidentiality.
RULE 10
DISMISSAL OF BOARD MEMBERS
1. The Chairman may dismiss any member of the Scientific Advisory Board for just cause, such as a breach of confidentiality, or a gross breach of the code of conduct detailed in Rule 8 above.
2. In case of dismissal, the Chairman shall communicate in writing the reasons for the dismissal to the Board members, including the Board member concerned. Thereafter, the Undersecretary will report any such dismissal to the National Authority Members, as appropriate.
RULE 11
AMENDMENT OF RULES
1. The Scientific Advisory Board may make recommendations to the Chairman to amend these Rules of Procedure.
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