Part-I:    Matrix of Legal Provisions for import/export of precursor chemicals for IEDs

The Table-I tabulate and briefly describe the important legal provisions in India relating to Hazardous  Chemicals/Dangerous Goods in General and Precursor Chemicals/Detonator used for IEDs in particular.

Table-I

Area

Legal
Provisions

Important Details

Import and  Export Controls over 14 Precursor Chemicals and the Detonator ITC (HS) i.e. Indian Trade Classification based on Harmonized System provides  for details of prohibition, restriction or regulation on import and export of all tradable goods. It has been issued under  Foreign Trade (Development & Regulation) Act, 1992 and is administered by the Ministry of Commerce & Industry. Import of Precursor Chemicals for IEDs and  Detonators

In respect of 15 items subjected to monitoring under PGS, four items, namely, Detonator,  Acetic Anhydride, Urea and Ammonium  nitrate are restricted for import into India.

  • Import of detonators require import license from the office of Director General of Foreign Trade.
  • Import of Ammonium Nitrate having more than 45% nitrogen by weight  require license for import from the Chief Controller of Explosives.
  • Import of Acetic anhydride require import license from the office of DGFT.
  • Import of Urea other than Industrial Grade/Technical Grade can only be imported by State Trading Enterprises (i.e. Canalizing Agency).
  • Import of Industrial grade/Technical Grade urea is free subject of fulfillment of Actual user condition.
  • Import of other precursor chemicals, namely, Acetic- Anhydride, Acetone, Aluminum Powder Ammonium Nitrate, Hydrogen Peroxide, Nitric Acid,  Potassium Chlorate, Sodium Chlorate,  Potassium Perchlorate free but subject to procedurals requirement under Rule 18 of the Manufacture, Storage and Import  of Hazardous Chemical [MSIHC] Rules, 1989.
  • Import of Sodium Nitrate, Potassium Nitrate and Calcium Ammonium Nitrate is free.

Export of Precursor Chemicals for IEDs and detonators

Export of all items, which are subjected to controls under PGS, are freely exportable  except the following restriction/regulation.

  • Export of Acetic-A nhydride require “No Objection Certificate” from Narcotics Commissioner
  • Export of detonators is restricted and  require export license from the officer of DGFT.
  • Export of Urea is restricted and require  export license from the office of DGFT.
The Customs Act, 1962 Under Section 111 of the Customs Act, 1962, inter alia, any goods imported or attempted to imported in contravention of any of the provisions of any other act or are brought within the Indian customs waters for the purpose of being imported, contrary to any  prohibition imposed by or under this Act or any other law for the time being in force, are liable for confiscation and the importer is liable for imposition of penalty under Section 112 of the Customs Act, 1962. Similar provisions exist under Section 113 and 114 of the Customs Act, 1962 in case of export or  attempted export of goods in contravention of statutory provisions.
The Explosive Act, 1884 The Ammonium  Nitrate Rules, 2012 The Explosive Rules, 2008 Ammonium Nitrate is deemed to be explosive under the Explosive Act, 1884. It is subjected to controls under Ammonium Nitrate Rules, 2012. Detonator is also covered under the definition of explosives under the Explosive Act, 1884 and subjected to controls prescribed under the Explosive Rules, 2008. In addition to import/export license/permission, the manufacture, storage, packaging, labeling,  transport of Detonator/Ammonium Nitrate is subjected to controls under the provisions of the Explosive Act, 1884 and the Ammonium Nitrate Rules, 2012/ Explosive Rules, 2008.
Narcotics Drugs and Psychotropic Substances Act, 1985 Acetic Anhydride has also been declared precursor Chemical for use in the manufacture of illicit narcotic drugs and psychotropic substances under NDPS Act, 1985 and the Narcotic Drugs and  Psychotropic Substances (Regulation of  Controlled Substances Order) 2013, which came into force with effect from 26.03.2013. This order issued under Section 9A of the  NDPS Act, 1985 mandatorily requires manufacturers, distributors, sellers, importers, exporters and consumers of  specified controlled substances (Acetic Anhydride and others) to maintain records and file quarterly returns with the Narcotics Control Bureau.
Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 [also referred to as MSIHC Rules] [Issued under Environment Protection Act, 1986] Explosive Precursor Chemicals, namely, Acetic Anhydride (Sr. No.3), Acetone (Sr. No. 4), Aluminium Powder (19); Ammonium Nitrate (Sr.No.33), Hydrogen Peroxide (Sr.No.318), Nitric Acid (Sr.No.423); Perchloric Acid ( Sr. No. 478); Sodium  Chlorate (Sr.No. 568) and Potassium Chlorate (Sr. No. 520) are considered hazardous material and are listed in Part II of the Schedule I of the MSIHC Rules, 1989 as amended.

Note: The words and figures in bracket above indicate Sr. No. at which the given chemical figures in the list in Part II of  the Schedule 1 of the MSIHC Rules, 1989 as amended. According to Section 18 (2) of the said rules, any person responsible for importing hazardous chemicals in India shall provide (before thirty days or as reasonably possible but not later than) the date of import, to the concerned authorities the following information pertaining to,

  • Name and Address of the person receiving theconsignment in India;
  • The port of entry in India;
  • Mode of transport from the exporting country to India;
  • The quantity of chemical(s) being imported; and Complete product safety information.

The above rule is applicable to a chemical which satisfies any of criteria laid down in part I of Schedule I or listed in Part II of this Schedule.

These Rules also prescribes controls on,-

  • Production, storage, use and import of the specified hazardous chemicals
  • Chemical and petro-chemicals substances having hazardous ( i.e. flammable, explosive, corrosive, toxic) properties
  • Storage of hazardous chemicals not associated with processes.
  • Chemical Storage in plant Premises
  • Low level: Specifies 684 chemicals
  • Medium level: specifies 179 chemicals and threshold Quantity of Chemicals
  • High level: specifies 17 chemicals andThreshold quantity of Chemicals Storage of Chemicals away from the main process:
  • specifies 30 chemicals and Threshold quantity
Transportation of Dangerous goods Central Motor Vehicle  Rules,1989 Rules 129 to 137 of the Central Motor Vehicle Rules, 1989 contain provisions for ensuring safe inland transportation of Dangerous Goods (Hazardous Chemicals). It also lay down requirements for class labels to be displayed on the goods carriage/vehicles as well as requirement for safety of  Vehicles/carriage. In brief, the relevant rules are as under:-

Rule 129: Transportation of goods of dangerous or hazardous nature to human life: Provides for display of distinct class labels on vehicle carrying dangerous goods, packages containing dangerous good,  vehicles to have safety equipments for preventing fire, explosion or leakage of dangerous Chemicals. Rule 129 A: Spark Arrester: Vehicle carrying dangerous or hazardous goods to be fitted with spark  arrester.

Rule 130: Manner of Display of Class label: provides as to how the class label should be displayed on the goods carriage.

Rule 131: Responsibility of the consignor for safe transport of dangerous or hazardous goods.

Rule 132: Responsibility of the transporter or owner of goods carriage: Lays down responsibilities of the transporter or owner of goods carriage.

Rule 133: Responsibility of the Driver: prescribe certain responsibility on the driver of the goods carriage carrying dangerous goods.

Rule 134: Emergency information panel: provides for marking of Emergency information panel on the three sides of the carriage and information it should display.

Rule 135. Driver to be instructed: about the nature of goods being transported, nature of risk involved, precaution to be taken during motion or stationery and action to be taken in case of emergency.

Rule 136: Driver to report to the police station about accident : in case of accident, driver is required to inform police, owner of the goods and the transporter

Rule 137: Class Labels: This rule provides various types of class labels to be used in case of carriage of hazardous goods or dangerous goods. It also lists all hazardous goods/dangerous goods along with type of hazards posed.

Transportation of Hazardous Goods Hazardous Substances (Classification, Packaging, and Labeling) Rules 2011 – Draft Rules 2011 [ Not yet notified] These draft rules are based on the Recommendations of Sub-committee on  Globally Harmonized System of classification and labeling of Chemicals (GHS).
Workers Safety at work place The Factories Act, 1948 Sections 41 A to 41H of the Factories Act, 1948 contains provisions relating to Hazardous Processes. These provisions, inter-alia, provides for Constitution of Site Appraisal Committee (41 A); Compulsory disclosure of information by occupier (41B); Specific Responsibility of the  occupier in relation to hazardous process (41C); power of central govt. to appoint Inquiry Committee (41D); emergency Standards (41E); Permissible limits of  exposure of chemical and toxic substances (41F); Worker’s participation in Safety management (41G); and right of workers to warn about imminent danger (41H). The term Hazardous Process has been defined  in section 2 (cb) of the Factories Act, 1948 as amended. As per definition, “hazardous process” means any process or activity in relation to an industry specified in the ‘First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products,  bye-products, wastes  or effluents thereof would,–

(i) cause material impairment to the health of the persons engaged in or connected therewith, or

(ii) result in the pollution of the general environment: Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said Schedule; Occupational Exposure of Chemicals (limit of over 100 items specified]: This is meant for the safety of workers. Three explosive precursor chemicals, namely, Acetone, Hydrogen Peroxide and Nitric Acid figure in the said list.

Accident during handling of hazardous substance:

[Mandatory Insurance requirement to meet any liability arising on account of loss of life or loss of property. ]

Public liability Insurance Act, 1991 and the Public Liability Insurance Rules, 1991 This Act provide for public liability- insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters  connected therewith or incidental thereto. Under this Act, the Owner {who is handling  hazardous substance} is required to,-

– Provide any information required for ascertaining compliance with the provisions of the Act

– Allow entry and inspection to ascertain compliance with the provisions of the Act;

– Required to have insurance policy equal to paid up capital, but not exceeding Rs. 50 crores, providing for contracts of insurance thereby he is insured against liability to give relief;

– Pay the amount of an award as specified by the District Magistrate.

The term “handling”, in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation by vehicle, use, collection, destruction, conversion,  offering for sale, transfer or the like of such hazardous substance;

The term “hazardous substance” means any substance or preparation which is defined as hazardous substance under the Environment (Protection) Act, 1986 (29 of 1986), and exceeding such quantity as may  be specified, by notification, by the Central Government.

As per section 2 (e) of the Environmental  Protection Act, the term “hazardous substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or  handling, is liable to cause harm to human beings other living creatures, plants, micro-organism, property or the environment.

Provisions relating to Emergency arising due to industrial accidents involving Hazardous Chemicals. Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 Note: These rules have been notified vide notification No. G.S.R 347 (E), dated 1.8.1996 under section 6, 8, and 25 of the Environment ( Protection) Act, 1986. It is an offshoot of Bhopal Gas Disaster in 1984. This resulted due to leakage of Chemical Methyl Isocyanate gas (a chemical use to manufacture pesticides). It  led to death of thousands of peoples and injuries to lakhs of people at Bhopal in the State of Madhya Pradesh in India.

These rules provides for formation of Crisis Groups at

Central Level

State Level

District Level

Local level

Central Crisis Group

Apex body to deal with major chemical accidents and to provide expert guidance for handling major chemical accidents

Continuously monitor the post-accident situation from major accidents, suggest measures for prevention

State crisis group

Apex body in the State to deal with major chemical

accidents and provide expert guidance

Review all district off-site emergency plans in the State and report to Central crisis Group

District Crisis Group

Assist in the preparation of the district off-site emergency plan

Assist the district administration in the management of chemical accidents

Local Crisis Group

Prepare local emergency plan for the industrial pocket

Ensure dovetailing of local emergency plan with district off-site emergency plan

– Train personnel involved in chemical accident management.

Illegal Possession, or use of Explosive material including IEDs The Explosive Substance Act, 1908 Under this Act, varying degree of imprisonment including life imprisonment or 20 years imprisonment have been prescribed for various criminal offences such as,-

(i) causing explosion which is likely to endanger life or property.

(ii) attempt to cause explosion, or for making or keeping explosives with intend to endanger life or property

(iii) for making or possessing explosives under suspicious circumstances

(iv) abetting any of the above offence.

Part –II: Other Miscellaneous Legal Provisions dealing with Dangerous Goods/Hazardous substances

The following Table-II tabulates and briefly describes the other important legal provisions in India relating to Hazardous Chemicals /Dangerous Goods.

Table II

Sr. No.

Legal Provisions

Important Details

1. I ndian Standard  IS 1446: 2002: Indian Standard dealing with transportation of Dangerous Goods This standard classifies chemicals and   dangerous goods by the type of risk involved and lists the various hazardous Chemicals/Dangerous Good along with  corresponding UN number to facilitate safe national and international transport. This standard is based on the recommendations of  the United Nations Committee of Experts on the Transport of Dangerous Goods published in Orange Book.
 2. The Aircraft (Carriage of Dangerous Goods) Rules, 2003 These rules govern carriage of dangerous goods by Air.

These Rules extend to whole of India and apply also –

(a) to aircraft registered in India or aircraft operated by an operator who has his principal place of business or permanent place of residence in India, wherever they may be;

(b) to all aircraft for the time being in or over India; and

(c) to persons operating air transport services to, from, within and over India, shippers of dangerous goods or their agents.

 3. Gas Cylinder Rules, 2004 [Issued by the Department of Industrial Policy and Promotion under the Ministry of Commerce and Industry] The objective of these rules is to ensure safety of the public engaged in the activity of filling, possession, transport and import of such gases. The Compressed gases viz., permanent gas, liquefiable gas or gas dissolved in liquid  when filled in a metallic container pose  potential hazard when explode.

The Govt. of India has declared compressed gas filled in metallic container as an  „explosives‟ under Section 17 of the Explosives Act, 1884 within its meaning. Further, in  exercise of power under Section 5 & 7 of the Explosive Act, 1884, the Central government has promulgated the Gas Cylinder Rules, 2004 to regulate filling, possession, transport and  import of such gases.

 4. Petroleum Act, 1934 This Act contains provisions governing the import, transport, storage, production, refining and blending of petroleum.
 5. Petroleum Rules, 2002 The term “Petroleum” has been defined under the Act and Rules as liquid hydrocarbon or a mixture of liquid hydrocarbons and any inflammable mixture containing liquid  hydrocarbons. These rules provides for approval of Refineries, Petrochemicals/Oil/Gas Processing Plants,  transport of petroleum by water, land and pipeline, Flameproof and other safety  equipment‟s for use in areas laden with flammable gases and licensing of storage installations, Tank trucks for transportation by road, aircraft refueller.
6. Calcium Carbide Rules,1987 These rules provides for approval of  receptacles for packing Calcium Carbide, transport, storage of Calcium carbide. The Calcium Carbide in contact with moisture  generates acetylene gas which has wider range of explosives limits. Further, the Calcium Carbide has been declared as inflammable substance under the Inflammable Substances  Act and the Petroleum Act has been made applicable to it.

Part –III: Multilateral Environmental Agreements (MEAs) for Chemical Safety and Management

Table III

Sr. No.

Name of Multilateral Environmental Agreements

Legal Provisions implementing  Convention in India.

Brief Details

1. Chemical Weapon Convention, 1993 Chemical Weapon Convention Act, 2000 The CWC Act prohibits  the manufacture,  development, production, acquisition, transfer, use and storage  of Chemical Weapons.

The Act identifies toxic chemicals into three  Schedules. The Chemicals included in  the Schedules 1, 2 & 3 of the Chemical Weapons Convention are presently notified against Categories 1A, 1B and 1C  of Appendix 3 to Schedule 2 of ITC (HS).

2. Stockholm Convention, 2001 The manufacture,  storage and import of Hazardous Chemical  Rules,1989

The Hazardous Waste (Management,  Handling and Transboundary  Movement ) Rules, 2008

The Insecticide Act, 1968

The Stockholm  Convention on Persistent Organic Pollutants (POPs) was adopted in  2001. It bans or severely restricts production, trade, and use of twenty two POPs.

Most of these chemicals are no longer manufactured or used in industrialized countries; however, the nature of  POPs means that people can be seriously impacted by releases of POPs that occur  hundreds or even thousands of miles away.

The Stockholm Convention contains provisions for the disposal and treatment  of POPs wastes and stockpiles. It also establishes procedures  for listing additional POPs that may be banned or severely restricted.

3. Rotterdam Convention, 1999 Schedule 1 of the ITC (HS) issued under Foreign Trade & Development Act,  1992 [administered by the Ministry of Commerce & Industry]

Import of following   items is restricted in terms of Interim PIC procedure of Rotterdam  convention:-

  • Amosite (in  Rock form) [HS Code:   25249014];
  • Amosite (Fibre  raw,  beaten or washed or graded to length) [HS code: 25249024]
  • Amosite ( Flakes or powder) [HS code: 25249034]
  1. Containing  polychlorinated biphenyls (PCBs) polychlorinated  terphenyls (PCTs)or  polybrominated biphenyls (PBBs)  [ HS Code: 27109100]
  • Poly Brominated Biphenyls [HS Code: 34049031]
  • Poly Chlorinated Biphenyls [HS Code:  34049032]
  • Poly Chlorinated Terphenyls [HS  Code: 34049033]
  • Poly Brominated Biphenyls,Poly  Chlorinated Biphenyls, Poly Chlorinated  Terphenyls, Crocidolite [ HS  Code: 38349035]
The full name of  Rotterdam Convention is the Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for  Certain Hazardous  Chemicals and Pesticides in International Trade. It entered into force on 24 February 2004.

It is a legally binding international treaty that empowers countries to  make informed choices about whether to allow imports of chemicals and pesticides that pose threats to the environment or human  health. This convention enables importing  countries to either give their prior informed consent (PIC) to accept hazardous chemicals, or  to refuse imports of such chemicals.

The convention covers pesticides and industrial chemicals that parties to  the convention have been  banned or severely restricted for health or environmental reasons.  At present, 40 chemicals, including 25 pesticides are listed  under this convention.

4. Basel Convention, 1989
  • Hazardous  wastes (Management,  Handling and Transboundary Movement)  Rules, 2008
  • The Batteries (Management & Handling)  Rules, 2001
This convention is on the  Control of  Transboundary Movements of  Hazardous Wastes and their Disposal. It was adopted on 22 March 1989.The overarching  objective of the Basel Convention is to protect human health and the environment against the adverse effects of  hazardous wastes.

Its scope of application  covers a wide range of wastes defined as “hazardous wastes”  based on their origin and/or composition and their characteristics, as well as two types of wastes defined as “other wastes” – household waste and incinerator  ash.

Part IV: Restriction or Regulation on Import/Export, Manufacture, Use, Storage, Transportation of Precursor Chemicals for IEDs

Table IV

Area of Controls
Laws/Rules enacted
by the Government
Ammo-
nium Nitrate
Nitrom-ethane
Acetic anhydride
Sodium nitrate
Potassium Nitrate
Sodium chlorate
Potass-
ium Chlorate
Controls Over
Import under
ITC (HS)
ITC (HS) issued under
Foreign Trade
(Development
& Regulation) Act, 1992 Directorate General of
Foreign Trade
Yes
No
Yes
No
No
No
No
Controls Over
Export under
ITC (HS)
-do-
No.
No.
Yes
No.
No.
No
No
Controls under
Explosive Act
and rules
framed
thereunder
Ammonium
Nitrate Rules,
2012;Explosive
Rules, 2008;
Explosive Act,
1884
Yes
No
No
No
No
No
No
Controls over
Manufacture,
Storage etc.
Manufacture, Storage and Import of Hazardous Material  Rules, 1989 [ issued under the Environment Protection Act, 1986] *
Yes (33)*
No
Yes
No
No
Yes (568)
Yes (520)
Controls for
ensuring
Worker’s
Safety at work
place
The Factories Act, 1948 as amended **
Controls over Transportation
Central Motor
Vehicles Rules,
1 989***
Yes (122)
Yes (1615)
Yes (7)
Yes
(2029)
Yes
(1836)
Yes
(1999)
Yes (1819)
Area of Controls
Laws/Rules enacted
by Govt
Potassium perchlorate
Hydrogen Peroxide
Nitric Acid
Acetone
Alumi-
num Powder
/Flakes
Calcium Ammo-
nium
Nitrate
Urea
Deton-
ators
Controls Over
Import under
ITC (HS)
ITC (HS) issued under
Foreign Trade
(Development
& Regulation) Act, 1992 Directorate General of
Foreign Trade
No
No
No
No
No
No
Yes
Yes
Controls Over
Export under
ITC (HS)
-do-
No
No
No
No
No
No
Yes
Yes
Controls under
Explosive Act
and rules
framed
thereunder
Ammonium
Nitrate Rules,
2012;Explosive
Rules, 2008;
Explosive Act,
1884
No
No
No
No
No
No
No
Yes
Controls over
Manufacture,
Storage etc.
Manufacture, Storage and Import of Hazardous Material  Rules, 1989 [ issued under the Environment Protection Act, 1986] *
Yes (478)
Yes (318)
Yes (423)
Yes (4)
Yes ( 19)
No
No
Yes
Controls for
ensuring
Worker’s
Safety at work
place
The Factories Act, 1948 as amended **
TLV
TLV
TLV
Controls over Transportation
Central Motor
Vehicles Rules,
1 989***
Yes
(1840)
Yes (1183- 1185)
Yes (1573- 1574)
Yes (9)
Yes (91)
No
No
Yes( 307-
308)

Note:

*means that Threshold Limit Value (TLV) have been prescribed under Factories Act, 1948 to ensure safety of workers.

* means that number given in the bracket indicates the Serial Number at which the given chemical figures in the list in Part II of the Schedule 1 of the MSIHC Rules, 1989 as amended.

*** means that number given in the bracket indicates the Serial Number at which the given chemical figures in the list of chemicals specified in Rule 137 of Central Motor Vehicles Rules, 1989, and considered to be dangerous from transportation point of view.

Note:

1. In this E-book, attempts have been made to explain about Matrix of Legal Provisions applicable to Precursor Chemicals for IEDs & other Hazardous / Dangerous Goods. It is expected that it will help departmental officers in their day-to-day work.

2. Though all efforts have been made to make this document error free, but it is possible that some errors might have crept into the document. If you notice any errors, the same may be brought to the notice of the NACEN, RTI, Kanpur on the Email address: rtinacenkanpur@yahoo.co.in. This may not be a perfect E-book. If you have any suggestion to improve this book, you are requested to forward the same to us.

3. This e-book is one of the several e-books dealing with different aspects of WCO Programme Global Shield (PGS). The Programme Global Shield (PGS) is a long term law enforcement initiative of WCO alongwith its partner organizations, namely, United Nations Office on Drug and Crime (UNODC), International Police Organization (INTERPOL) and member countries. This Programme is aimed at combating the illicit diversion and trafficking of high risk precursor chemicals, which are commonly used by criminal elements/terrorist organizations to make Improvised Explosive Devices (IEDs).

4. It is acknowledged here that in preparing this e-book, the WCO training material as well as material from other sources including that available freely on internet have been used. Wherever possible, the source of material has been indicated in this e-book. It might be possible that for some material, we may not have specifically mentioned such source. This e-book is meant for education and training of Customs officers in India and is for non-commercial use. While it is not our intention to infringe any copyrights, if anybody has any issue with regard to any of the material used in this e-book, the same may kindly be brought to our notice on the email addresses mentioned above.

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Sd/-

(C. P. Goyal)
Additional Director General
NACEN, RTI, Kanpur
goyalcp@hotmail.com

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