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CWC Regulations
[Federal Register: December 30, 1999 (Volume 64, Number 250)]
[Rules and Regulations]
[Page 73743-73811]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de99-15]
DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Parts 710 through 722
[Docket No. 990611158-9311-02]
RIN 0694-AB06
Chemical Weapons Convention Regulations
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Interim rule and request for comments.
PART 713--ACTIVITIES INVOLVING SCHEDULE 2 CHEMICALS
Sec.
713.1 Prohibition on imports of Schedule 2 chemicals from non-
States Parties.
713.2 Declaration on past production of Schedule 2 chemicals for
chemical weapons purposes.
713.3 Initial and annual declaration requirements for plant sites
that produce, process or consume Schedule 2 chemicals in excess of
specified thresholds.
713.4 Initial and annual declaration and reporting requirements for
exports and imports of Schedule 2 chemicals.
713.5 Advance declaration requirements for additionally planned
production, processing or consumption of Schedule 2 chemicals.
713.6 Frequency and timing of declarations and reports.
713.7 Amended declaration or report.
Supplement No. 1 to Part 713--Schedule 2 Chemicals
Authority: 22 U.S.C. 6701 et seq.; 50 U.S.C. 1601 et seq.; 50
U.S.C. 1701 et seq; E.O. 12938 (59 FR 59099; 3 CFR, 1994 Comp., p.
950), as amended by E.O. 13094 (63 FR 40803; 3 CFR, 1998 Comp., p.
200); E.O. 13128, 64 FR 36703.
Sec. 713.1 Prohibition on imports of Schedule 2 chemicals from non-
States Parties.
(a) See Sec. 711.6 of this subchapter for information on obtaining
the forms you will need to declare and report activities involving
Schedule 2 chemicals. You may not import any Schedule 2 chemical (see
Supplement No. 1 to this part) on or after April 29, 2000, from
[[Page 73773]]
any destination other than a State Party to the Convention. See
Supplement No. 1 to part 710 of this subchapter for a list of States
that are party to the Convention.
Note to paragraph (a). See Sec. 742.18 of the Export
Administration Regulations (15 CFR part 742) for prohibitions that
apply to exports of Schedule 2 chemicals on or after April 29, 2000
to non-States Parties and for End-Use Certificate requirements for
exports of Schedule 2 chemicals prior to April 29, 2000 to such
destinations.
(b) Paragraph (a) of this section does not apply to:
(1) The transfer or receipt of a Schedule 2 chemical from a non-
State Party by a department, agency, or other entity of the United
States, or by any person, including a member of the Armed Forces of the
United States, who is authorized by law, or by an appropriate officer
of the United States to transfer or receive the Schedule 2 chemical; or
(2) Mixtures containing Schedule 2 chemicals, if the concentration
of each Schedule 2 chemical in the mixture is 10% or less by weight.
Note, however, that such mixtures may be subject to regulatory
requirements of other federal agencies.
Sec. 713.2 Declaration on past production of Schedule 2 chemicals for
chemical weapons purposes.
You must complete the Certification Form and Forms 2-1, 2-2, 2-4,
Form A, if you produced at your plant site any quantity of a Schedule 2
chemical at any time since January 1, 1946, for chemical weapons
purposes. Form B is optional. You must declare the total quantity of
such a chemical produced, rounded to the nearest kilogram. Note that
you are not subject to routine inspection unless you are a declared
facility pursuant to Sec. 713.3.
Sec. 713.3 Initial and annual declaration requirements for plant sites
that produce, process or consume Schedule 2 chemicals in excess of
specified thresholds.
(a) Declaration of production, processing or consumption of
Schedule 2 chemicals for purposes not prohibited by the CWC.
(1) Quantities of production, processing or consumption that
trigger declaration requirements. You must complete the forms specified
in paragraph (b) of this section if you have been or will be involved
in the following activities:
(i) Initial declaration. You produced, processed or consumed at one
or more plants on your plant site during any of the calendar years
1994, 1995, or 1996, a Schedule 2 chemical in excess of the following
declaration threshold quantities:
(A) 1 kilogram of chemical BZ: 3-Quinuclidinyl benzilate (see
Schedule 2, paragraph A.3 included in Supplement No. 1 to this part);
(B) 100 kilograms of chemical PFIB: 1,1,3,3,3-Pentafluoro-
2(trifluoromethyl)-1-propene or 100 kilograms of chemical Amiton: 0,0-
Diethyl S-[2-(diethylamino) ethyl] phosphorothiolate and corresponding
alkylated or protonated salts (see Schedule 2, paragraphs A.1 and A.2
included in Supplement No. 1 to this part); or
(C) 1 metric ton of any chemical listed in Schedule 2, Part B (see
Supplement No. 1 to this part).
Note to paragraph (a)(1)(i). To determine whether you have an
initial declaration requirement for Schedule 2 activities, you must
determine whether you produced, processed or consumed a Schedule 2
chemical above the applicable threshold quantity at one or more
plants on your plant site in calendar years 1994, 1995, or 1996. For
example, if you determine that one plant on your plant site produced
greater than 1 kilogram of the chemical BZ in calendar year 1995,
and no plants on your plant site produced, processed or consumed any
Schedule 2 chemical above the applicable threshold quantity in
calendar years 1994 or 1996, you have an initial declaration
requirement under this paragraph. You must submit three Forms 2-3--
one for each of the calendar years 1994, 1995, and 1996--and
complete question 2-3.1 on each of the forms to declare production
data on BZ for calendar years 1994, 1995 and 1996. For calendar year
1995, you would declare the quantity of BZ actually produced. For
calendar years 1994 and 1996, you would declare ``0'' production
quantity. Since the plant site did not engage in any other
declarable activity (i.e., consumption, processing), you would leave
blank questions 2-3.2 and 2-3.3 on Form 2-3 for calendar years 1994,
1995, and 1996. Note that declaring a ``0'' quantity for production
in 1994 and 1996, as opposed to leaving the question blank, permits
BXA to distinguish the activity that triggered the initial
declaration requirement for each year from activities that were not
declarable during that period.
(ii) Annual declaration on past activities. You produced, processed
or consumed at one or more plants on your plant site during any of the
previous three calendar years, a Schedule 2 chemical in excess of the
applicable declaration threshold quantity specified in paragraphs
(a)(1)(i)(A) through (C) of this section.
Note to paragraph (a)(1)(ii). To determine whether you have an
annual declaration on past activities requirement for Schedule 2
chemicals, you must determine whether you produced, processed or
consumed a Schedule 2 chemical above the applicable threshold
quantity at one or more plants on your plant site in any one of the
three previous calendar years. For example, for the 1997 declaration
period, if you determine that one plant on your plant site produced
greater than 1 kilogram of the chemical BZ in calendar year 1995,
and no plants on your plant site produced, processed or consumed any
Schedule 2 chemical above the applicable threshold quantity in
calendar years 1996 or 1997, you still have a declaration
requirement under this paragraph for the previous calendar year
(1997). However, you must only declare on Form 2-3 (question 2-3.1),
production data for calendar year 1997. You would declare ``0''
production quantity because you did not produce BZ above the
applicable threshold quantity in calendar year 1997. Since the plant
site did not engage in any other declarable activity (i.e.,
consumption, processing) in the 1995-1997 declaration period, you
would leave blank questions 2-3.2 and 2-3.3 on Form 2-3. Note that
declaring a ``0'' production quantity for 1997, as opposed to
leaving the question blank, permits BXA to distinguish the activity
that triggered the declaration requirement from activities that were
not declarable during that period.
(iii) Annual declaration on anticipated activities. You anticipate
that you will produce, process or consume at one or more plants on your
plant site during the next calendar year, starting with activities
anticipated for calendar year 2001, a Schedule 2 chemical in excess of
the applicable declaration threshold quantity set forth in paragraphs
(a)(1)(i)(A) through (C) of this section.
(2) Mixtures containing a Schedule 2 chemical. (i)The quantity of a
Schedule 2 chemical contained in a mixture must be counted when
determining the total quantity of a Schedule 2 chemical produced,
processed, or consumed at your plant only if the concentration of the
Schedule 2 chemical in the mixture is 30% or more by volume or by
weight, whichever yields the lesser percent.
(ii) Counting the amount of the Schedule 2 chemical in a mixture.
If your mixture contains 30% or more concentration of a Schedule 2
chemical, you must count only the amount (weight) of the Schedule 2
chemical in the mixture, not the total weight of the mixture.
(iii) Determining declaration requirements for production,
processing and consumption. You must include the amount (weight) of a
Schedule 2 chemical in a mixture when determining the total production,
total processing, or total consumption of that Schedule 2 chemical at a
plant on your plant site. If the total amount of the produced,
processed or consumed Schedule 2 chemical exceeds the applicable
declaration threshold set forth in paragraphs (a)(1)(i)(A) through
[[Page 73774]]
(C) of this section, you have a declaration requirement. For example,
if during calendar year 1997, a plant on your plant site produced a
mixture containing 300 kilograms of thiodiglycol in a concentration of
32% and also produced 800 kilograms of thiodiglycol, that plant
produced 1100 kilograms and exceeded the declaration threshold of 1
metric ton for that Schedule 2 chemical. You must declare past
production of thiodiglycol at that plant site for calendar year 1997.
If, on the other hand, a plant on your plant site processed a mixture
containing 300 kilograms of thiodiglycol in a concentration of 25% and
also processed 800 kilograms of thiodiglycol in other than mixture
form, the total amount of thiodiglycol processed at that plant for CWCR
purposes would be 800 kilograms and would not trigger a declaration
requirement. This is because the concentration of thiodiglycol in the
mixture is less than 30% and therefore did not have to be ``counted''
and added to the other 800 kilograms of processed thiodiglycol at that
plant.
(b) Types of declaration forms to be used. (1) Initial declaration.
You must complete the Certification Form and Forms 2-1, 2-2, 2-3, 2-3A,
and Form A if you produced, processed or consumed at one or more plants
on your plant site a Schedule 2 chemical in excess of the applicable
declaration threshold quantity specified in paragraphs (a)(1)(i)(A)
through (C) of this section during any of the three calendar years
1994, 1995, or 1996. Form B is optional. If you are subject to initial
declaration requirements, you must include data for each of the
calendar years 1994, 1995, and 1996.
(2) Annual declaration on past activities. You must complete the
Certification Form and Forms 2-1, 2-2, 2-3, 2-3A, and Form A if one or
more plants on your plant site produced, processed or consumed more
than the applicable threshold quantity of a Schedule 2 chemical
described in paragraphs (a)(1)(i)(A) through (C) of this section in any
of the three previous calendar years. Form B is optional. If you are
subject to annual declaration requirements, you must include data for
the previous calendar year only.
(3) Annual declaration on anticipated activities. You must complete
the Certification Form and Forms 2-1, 2-2, 2-3, 2-3A, 2-3C, and Form A
if you plan to produce, process, or consume at any plant on your plant
site a Schedule 2 chemical above the applicable threshold quantity set
forth in paragraphs (a)(1)(i)(A) through (C) of this section during the
following calendar year, beginning with activities planned for calendar
year 2001. Form B is optional.
(c) Quantities to be declared. (1) Production, processing and
consumption of a Schedule 2 chemical above the declaration threshold.--
(i) Initial declaration. If you are required to complete forms pursuant
to paragraph (a)(1)(i) of this section, you must declare the aggregate
quantity resulting from each type of activity (production, processing
or consumption) from each plant on your plant site that exceeds the
applicable threshold quantity for that Schedule 2 chemical for each of
the calendar years 1994, 1995, and 1996. Do not aggregate amounts of
production, processing or consumption from plants on the plant site
that did not individually produce, process or consume a Schedule 2
chemical in amounts greater than the applicable threshold levels. For
those years in which you produced, processed or consumed the declared
chemical below the declaration threshold, you declare ``0'' only for
the declared activities.
(ii) Annual declaration on past activities. If you are required to
complete forms pursuant to paragraph (a)(1)(ii) of this section, you
must declare the aggregate quantity resulting from each type of
activity (production, processing or consumption) from each plant on
your plant site that exceeds the applicable threshold quantity for that
Schedule 2 chemical. Do not aggregate amounts of production, processing
or consumption from plants on the plant site that did not individually
produce, process or consume a Schedule 2 chemical in amounts greater
than the applicable threshold levels. If in the previous calendar year
you produced, processed or consumed below the declaration threshold,
but your declaration requirement is triggered because of activities
occurring in an earlier year, you declare ``0'' only for the declared
activities.
(2) Rounding. For the chemical BZ, report quantities to the nearest
hundredth of a kilogram (10 grams). For PFIB and the Amiton family,
report quantities to the nearest 1 kilogram. For all other Schedule 2
chemicals, report quantities to the nearest 10 kilograms.
(d) ``Declared'' Schedule 2 plant sites. A plant site that
comprises at least one plant that produced, processed or consumed a
Schedule 2 chemical above the applicable threshold quantity set forth
in paragraphs (a)(1)(i)(A) through (C) of this section during any of
the previous three calendar years or is anticipated to produce, process
or consume a Schedule 2 chemical above the applicable threshold
quantity in the next calendar year is a ``declared'' plant site. A
plant site that submitted an initial declaration for activities that
occurred in 1994, 1995, or 1996 is a ``declared'' Schedule 2 plant site
for those years.
(e) Declared Schedule 2 plant sites subject to routine inspections.
A ``declared'' Schedule 2 plant site is subject to initial and routine
inspection by the Organization for the Prohibition of Chemical Weapons
if it produced, processed or consumed in any of the three previous
calendar years, or is anticipated to produce, process or consume in the
next calendar year, in excess of ten times the applicable declaration
threshold quantity set forth in paragraphs (a)(1)(i)(A) through (C) of
this section (see part 716 of this subchapter). A plant site that
submitted an initial declaration for calendar years 1994, 1995, and
1996, and exceeded the applicable inspection threshold is also subject
to an initial inspection.
Sec. 713.4 Initial and annual declaration and reporting requirements
for exports and imports of Schedule 2 chemicals
(a) Declarations and reports of exports and imports of Schedule 2
chemicals.
(1) Declarations. A Schedule 2 plant site that is declared because
it produced, processed or consumed a Schedule 2 chemical above the
applicable threshold quantity, and also exported from or imported to
the plant site that same Schedule 2 chemical above the applicable
threshold quantity, must submit export and import information as part
of its declaration.
Note to paragraph (a)(1): A declared Schedule 2 plant site may
need to declare exports or imports of Schedule 2 chemicals that it
produced, processed or consumed above the applicable threshold
quantity and also report exports or imports of different Schedule 2
chemicals that it did not produce, process or consume above the
applicable threshold quantities.
(2) Reports. A declared plant site that does not meet the
description of paragraph (a)(1) of this section, and an undeclared
plant site or a trading company or any other person subject to the CWCR
must submit a report if it exported or imported a Schedule 2 chemical
above the applicable threshold quantity.
Note to paragraph (a)(2): The U.S. Government will not submit to
the OPCW company-specific information relating to the export or
import of Schedule 2 chemicals contained in reports. The U.S.
Government will add all export and import information contained in
reports to export and import information contained in declarations
to establish the U.S. national aggregate declaration on exports and
imports.
Note to paragraphs (a)(1) and (2): Declared and undeclared plant
sites must count, for
[[Page 73775]]
declaration or report purposes, all exports from and imports to the
entire plant site, not only from or to individual plants on the
plant site.
(b) Quantities of exports or imports that trigger a declaration or
report requirement. (1) You have a declaration or report requirement
and must complete the forms specified in paragraph (d) of this section
if you exported or imported a Schedule 2 chemical in excess of the
following threshold quantities:
(i) 1 kilogram of chemical BZ: 3-Quinuclidinyl benzilate (See
Schedule 2, paragraph A.3 included in Supplement No. 1 to this part);
(ii) 100 kilograms of chemical PFIB: 1,1,3,3,3-Pentafluoro-
2(trifluoromethyl)-1-propene or 100 kilograms of Amiton : O,O Diethyl
S-[2(diethylamino)ethyl] phosphorothiolate and corresponding alkylated
or protonated salts (see Schedule 2, paragraphs A.1 and A.2 included in
Supplement No.1 to this part);
(iii) 1 metric ton of any chemical listed in Schedule 2, Part B
(see Supplement No.1 to this part).
(2) Mixtures containing a Schedule 2 chemical. The quantity of a
Schedule 2 chemical contained in a mixture must be counted for the
declaration or reporting of an export or import only if the
concentration of the Schedule 2 chemical in the mixture is 30% or more
by volume or by weight, whichever yields the lesser percent.
Note 1 to paragraph (b)(2). See Sec. 713.3(a)(2)(ii) for
information on counting amounts of Schedule 2 chemicals contained in
mixtures and determining declaration and report requirements.
Note 2 to paragraph (b)(2). The ``30% and above'' mixtures rule
applies only for declaration and report purposes. This rule does not
apply for purposes of determining whether the export of your mixture
to a non-State Party requires an End-Use Certificate or for
determining whether you need an export license from the Department
of Commerce (see Secs. 742.2, 742.18 and 745.2 of the Export
Administration Regulations) or from the Department of State (see the
International Traffic in Arms Regulations (22 CFR parts 120 through
130).
(c) Declaration and report requirements. (1) Initial declaration. A
plant site described in paragrpah (a)(1) of this section that has an
initial declaration requirement for production, processing, or
consumption of a Schedule 2 chemical must also declare the export or
import of that same Schedule 2 chemical if the amount exported or
imported in 1994, 1995 or 1996 exceeded the applicable threshold
quantity set forth in paragraph (b)(1)(i) through (iii) of this
section. For the initial declaration, the plant site must only declare
the export or import information for any of the calendar years (1994,
1995 and/or 1996) in which the export or import exceeded the applicable
threshold quantity.
(2) Initial report on exports and imports. Declared plant sites
described in paragraph (a)(2) of this section, undeclared plant sites,
trading companies or any other person subject to the CWCR that exported
or imported a Schedule 2 chemical in 1996 in excess of the applicable
threshold quantity set forth in paragraph (b) of this section, must
submit an initial report on exports or imports for calendar year 1996.
(3) Annual declaration on past activities. A plant site described
in paragraph (a)(1) that has an annual declaration requirement for
production, processing, or consumption of a Schedule 2 chemical for the
previous calendar year, beginning in 1997, must also declare the export
and/or import of that same Schedule 2 chemical if the amount exceeded
the applicable threshold quantity set forth in paragraph (b). The plant
site must declare the export or import information for that same
Schedule 2 chemical as part of its annual declaration of past
activities.
(4) Annual report on exports and imports. Declared plant sites
described in paragraph (a)(2), and undeclared plant sites, trading
companies or any other person subject to the CWCR that exported or
imported a Schedule 2 chemical in a previous calendar year, beginning
in 1997, in excess of the applicable threshold quantity set forth in
paragraphs (b)(1) (i) through (iii) must submit an annual report on
exports or imports.
(d) Types of declaration and report forms to be used. (1) Initial
declaration. If you are a declared Schedule 2 plant site as described
in paragraph (a)(1), you must complete Form 2-3B in addition to the
forms required by Sec. 713.3(b)(1). You must complete the forms for
each declared Schedule 2 chemical and for each of the calendar years
1994, 1995, and 1996, in which the export or import exceeded the
applicable threshold quantity.
(2) Initial report on exports and imports. (i) If you are a
declared plant site as described in paragraph (a)(2), you may fulfill
your reporting requirements by:
(A) Submitting, along with your initial declaration, a Form 2-3B
for each Schedule 2 chemical you exported or imported above the
applicable threshold quantity. Attach Form A, as appropriate; Form B is
optional.
(B) Submitting, separately from your initial declaration, a
Certification Form, Form 2-1, and Form 2-3B for each Schedule 2
chemical you exported or imported above the applicable threshold
quantity. Attach Form A, as appropriate; Form B is optional.
(ii) If you are an undeclared plant site or trading company, you
must complete the Certification Form, Form 2-1, and Form 2-3B for each
Schedule 2 chemical you exported or imported above the applicable
threshold quantity. Attach Form A, as appropriate; Form B is optional.
(3) Annual declaration on past activities. If you are a declared
Schedule 2 plant site as described in paragraph (a)(1), you must
complete Form 2-3B, in addition to the forms required by
Sec. 713.3(b)(2), for each declared Schedule 2 chemical exported or
imported above the applicable threshold quantity in the previous
calendar year.
(4) Annual report on exports and imports. (i) If you are a declared
plant site as described in paragraph (a)(2), you may fulfill your
annual reporting requirements by:
(A) Submitting, along with your annual declaration on past
activities, a Form 2-3B for each Schedule 2 chemical you exported or
imported above the applicable threshold quantity. Attach Form A, as
appropriate; Form B is optional.
(B) Submitting, separately from your annual declaration on past
activities, a Certification Form, Form 2-1, and Form 2-3B for each
Schedule 2 chemical you exported or imported above the applicable
threshold quantity. Attach Form A, as appropriate; Form B is optional.
(ii) If you are an undeclared plant site, trading company or any
other person subject to the CWCR, you must complete the Certification
Form, Form 2-1, and Form 2-3B for each Schedule 2 chemical you exported
or imported above the applicable threshold quantity. Attach Form A, as
appropriate; Form B is optional.
(e) Quantities to be declared. (1) Calculations. If you exported
from or imported to your plant site, trading company, or other location
more than the applicable threshold quantity of a Schedule 2 chemical,
you must declare or report all exports and imports by destination, and
indicate the total amount exported to or imported from each
destination. Only indicate the total annual quantity exported to or
imported from a specific destination if the total annual quantity to or
from that destination is more than 1% of the applicable threshold
(i.e., more than 10 grams of BZ, 1 kilogram of PFIB and
[[Page 73776]]
Amiton and corresponding alkylated or protonated salts, or 10 kilograms
of all other Schedule 2 chemicals). However, in determining whether
your total exports and imports worldwide for the year in question
trigger a declaration or report requirement, you must include all
exports and imports, including exports and imports falling within the
1% exemption in your calculation.
(2) Rounding. For purposes of declaring or reporting exports and
imports of a Schedule 2 chemical, you must total all exports and
imports per calendar year per recipient or source destination and then
round as follows: for the chemical BZ, the total quantity for each
destination should be reported to the nearest hundredth of a kilogram
(10 grams); for PFIB and Amiton and corresponding alkylated or
protonated salts, the quantity for each destination should be reported
to the nearest 1 kilogram; and for all other Schedule 2 chemicals, the
total quantity for each destination should be reported to the nearest
10 kilograms.
Sec. 713.5. Advance declaration requirements for additionally planned
production, processing, or consumption of Schedule 2 chemicals.
(a) Declaration requirements for additionally planned activities.
(1) You must declare additionally planned production, processing, or
consumption of Schedule 2 chemicals after the annual declaration on
anticipated activities for the next calendar year has been delivered to
BXA if:
(i) You plan that a previously undeclared plant on your plant site
under Sec. 713.3(a)(1)(iii) will produce, process, or consume a
Schedule 2 chemical above the applicable declaration threshold;
(ii) You plan to produce, process, or consume at a plant declared
under Sec. 713.3(a)(1)(iii) an additional Schedule 2 chemical above the
applicable declaration threshold;
(iii) You plan an additional activity (production, processing, or
consumption) at your declared plant above the applicable declaration
threshold for a chemical declared under Sec. 713.3(a)(1)(iii);
(iv) You plan to increase the production, processing, or
consumption of a Schedule 2 chemical by a plant declared under
Sec. 713.3(a)(1)(iii) from the amount exceeding the applicable
declaration threshold to an amount exceeding the applicable inspection
threshold (see Sec. 716.1(b)(2));
(v) You plan to change the starting or ending date of anticipated
production, processing, or consumption declared under
Sec. 713.3(a)(1)(iii) by more than three months; or
(vi) You plan to increase your production, processing, or
consumption of a Schedule 2 chemical by a declared plant site by 20
percent or more above that declared under Sec. 713.3(a)(1)(iii).
(2) If you must submit a declaration on additionally planned
activities because you plan to engage in any of the activities listed
in paragraphs (a)(1) (i) through (vi) of this section, you should also
declare changes to your declaration relating to the following
activities. You do not have to submit an additionally planned
declaration if you are only changing the following non-quantitative
activities:
(i) Changes to the plant's production capacity;
(ii) Changes or additions to the product group codes for the plant
site or the plant(s);
(iii) Changes to the plant's activity status (i.e., dedicated,
multipurpose, or other status);
(iv) Changes to the plant's multipurpose activities;
(v) Changes to the plant site's status relating to domestic
transfer of the chemical;
(vi) Changes to the plant site's purposes for which the chemical
will be produced, processed or consumed; or
(vii) Changes to plant site's status relating to exports of the
chemical or the addition of new countries for export (not to exceed 10
countries).
(b) Declaration forms to be used. If you are required to declare
additionally planned activities pursuant to paragraph (a) of this part,
you must complete the Certification Form and Forms 2-1, 2-2, 2-3, and
2-3C as appropriate. Such forms are due to BXA at least 15 days prior
to beginning the additional activity.
Sec. 713.6 Frequency and timing of declarations and reports.
Declarations and reports required under this part must be
postmarked by the appropriate date identified in Table 1 of this
section. Required declarations and reports include:
(a) Declaration on past production of Schedule 2 chemicals for
chemical weapons (CW) purposes since January 1, 1946;
(b) Initial declaration (production, processing, consumption,
export, or import of Schedule 2 chemicals during calendar years 1994,
1995, and 1996);
(c) Initial report on exports and imports from trading companies,
plant sites and other persons (during calendar year 1996);
(d) Annual declaration on past activities (production, processing,
consumption, export or import of Schedule 2 chemicals during the
previous calendar year, beginning with 1997);
(e) Annual report on exports and imports from trading companies,
plant sites and other persons (during the previous calendar year,
beginning with 1997); and
(f) Annual declaration on anticipated activities (production,
processing or consumption during the next calendar year, beginning in
calendar year 2000 for activities anticipated for calendar year 2001).
Table 1 to Sec. 713.6.--Deadlines for Submission of Schedule 2
Declarations
------------------------------------------------------------------------
Declarations Applicable forms Due dates
------------------------------------------------------------------------
Initial Declaration (for Certification, 2-1, March 30, 2000.
calendar years 1994, 1995, 2-2, 2-3, 2-3A, 2-
and 1996)--Declared plant 3B (if also
site (production, exported or
processing, consumption, imported), A (as
exports and imports). appropriate), B
(optional).
Initial Report on Exports Certification, 2-1, March 30, 2000.
and Imports (for calendar 2-3B, A (as
year 1996)--Plant site, appropriate), B
trading company, other (optional).
persons.
Annual Declaration on Past Certification , 2-1, For 1997, 1998, and
Activities (previous 2-2, 2-3 2-3A, 2-3B 1999. Thereafter,
calendar year, starting (if also exported February 28, March
with 1997)--Declared plant or imported), A (as 30, 2000.
site (production, appropriate), B
processing, consumption, (optional).
exports and imports).
Annual Report on Exports and Certification, 2-1, For 1997, 1998, and
Imports (previous calendar 2-3B, A (as 1999. Thereafter,
year, starting with 1997)-- appropriate), B February 28, March
Plant site, trading (optional). 30, 2000.
company, other persons.
[[Page 73777]]
Annual Declaration on Certification, 2-1, September 3 of each
Anticipated Activities 2-2, 2-3, 2-3A, 2- year prior to the
(next calendar year). 3C, A (as calendar year in
appropriate), B which anticipated
(optional). activities will
take place,
beginning in
calendar year 2000.
Declaration on Additionally Certification, 2-1, 15 calendar days
Planned Activities-- 2-3C, A (as before the
(production, processing and appropriate), B additionally
consumption). (optional). planned activity
begins.
Declaration on Past Certification, 2-1, March 30, 2000.
Production of Schedule 2 2-2, 2-4 A (as
Chemicals for CW Purposes. appropriate), B
(optional).
------------------------------------------------------------------------
Sec. 713.7 Amended declaration or report.
(a) You must submit an amended declaration or report for changes to
previously submitted information on chemicals, activities and end-use
purposes or the addition of new chemicals, activities and end-use
purposes.
(b) For declared plant sites subject to inspection, changes that
may affect verification activities, such as changes of owner or
operator, company name, address, or inspection point of contact require
an amended declaration.
(c) For declared plant sites not subject to inspection, undeclared
plant sites, trading companies, and other persons, changes that do not
directly affect the purpose of the Convention, such as changes to a
company name, address, declaration point of contact, or non-substantive
typographical errors, do not require submission of an amended
declaration or report and may be corrected in subsequent declarations
or reports.
(d) If you are required to submit an amended declaration or report
pursuant to paragraph (a) or (b) of this section, you must complete and
submit a new Certification Form and the specific form(s) being amended
(e.g., annual declaration on past activities). Only complete that
portion of each form that corrects the previously submitted
information.
Supplement No. 1 to Part 713.--Schedule 2 Chemicals
------------------------------------------------------------------------
------------------------------------------------------------------------
A. Toxic chemicals:
(1) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl] (78-53-5)
phosphorothiolate and corresponding alkylated or
protonated salts.................................
(2) PFIB: 1,1,3,3,3-Pentafluoro-2- (382-21-8)
(trifluoromethyl)-1-propene......................
(3) BZ: 3-Quinuclidinyl benzilate................. (6581-06-2)
B. Precursors:
(4) Chemicals, except for those listed in Schedule (676-97-1)
1, containing a phosphorus atom to which is
bonded one methyl, ethyl or propyl (normal or
iso) group but not further carbon atoms, e.g.
Methylphosphonyl dichloride......................
Dimethyl methylphosphonate........................ (756-79-6)
Exemption: Fonofos: O-Ethyl S-phenyl (944-22-9)
ethylphosphono-thiolothionate....................
(5) N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
phosphoramidic dihalides
(6) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl
(Me, Et, n-Pr or i-Pr)-phosphoramidates
(7) Arsenic trichloride........................... (7784-34-1)
(8) 2,2-Diphenyl-2-hydroxyacetic acid............. (76-93-7)
(9) Quinuclidine-3-ol............................. (1619-34-7)
(10) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-
2-chlorides and corresponding protonated salts
(11) N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
aminoethane-2-ols and corresponding protonated
salts
Exemptions: N,N-Dimethylaminoethanol and (108-01-0)
corresponding protonated salts...................
N,N-Diethylaminoethanol and corresponding (100-37-8)
protonated salts.................................
(12) N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
aminoethane-2-thiols and corresponding protonated
salts
(13) Thiodiglycol: Bis(2-hydroxyethyl) sulfide.... (111-48-8)
(14) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol... (464-07-3)
------------------------------------------------------------------------
Dated: December 16, 1999.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 99-33149 Filed 12-30-99; 8:45 am]
Billing Code: 3510-33-P
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