BIS' Proposed Rule Would Update and Clarify the Chemical Weapons Convention Regulations (Part II)

BIS' proposed rule also summarizes the public comments it received in response to its December 30, 1999 interim CWCR rule. (See ITT's Online Archives or 12/30/99 news, 99122942, for BP summary of BIS' interim CWCR rule.)

This is Part II of a multi-part series of summaries on this proposed rule and highlights proposed revisions to various sections of 15 CFR Parts 711 and 712, as follows:

15 CFR Part 711 (General Information Regarding Declaration, Reporting and Advance Notification Requirements)

BIS could contact companies to determine CWCR compliance. The proposed rule would add a new 15 CFR 711.3 to establish BIS' authority to contact any company to determine whether it is in compliance with the CWCR. Information requested could relate to the production, processing, consumption, export, import, or other activities involving scheduled chemicals and UDOCs described in 15 CFR Parts 712 through 715. Any person or facility subject to the CWCR and receiving such a request for information would be required to provide a response to BIS within the time-frame specified in the request. However, this requirement would not, in itself, impose a requirement to create new records or maintain existing records.

BIS response time for chemical determination requests. The proposed rule would amend the existing paragraph at 15 CFR 711.3 by moving it to 15 CFR 711.4 and specifying a time period within which the BIS would respond to chemical determination requests. BIS would respond, in writing, to a chemical determination request within 10 working days of receipt of the request.

Declarations, advance notifications and reports. A new 15 CFR 711.7 is proposed to provide information on where to submit declarations, advance notifications, and reports.

Authorization to submit electronic declarations and reports. BIS' proposed rule would add a new 15 CFR 711.8, which would contain instructions for applying for authorization to submit electronic declarations and reports in order to fulfill requirements under the Government Paperwork Elimination Act (44 U.S.C. 3504).

15 CFR Part 712 (Activities Involving Schedule 1 Chemicals)

Production of Schedule 1 chemicals. The proposed rule would add a new 15 CFR 712.2(a) that would prohibit production of Schedule 1 chemicals for protective purposes.

Validity of initial declarations submitted in February 2000. The proposed rule would clarify that initial declarations submitted in February 2000 remain valid until they are either amended or rescinded. BIS states that if someone plans to alter the technical layout of their declared facility, they would have to submit an amended declaration to BIS at least 200 calendar days prior to making any such change to that facility.

Schedule 1 chemical declaration requirements. This proposed rule would amend 15 CFR 712.4 to clarify the declaration requirements that would apply to the establishment of new Schedule 1 chemical production facilities. If a Schedule 1 chemical production facility has never been declared in a previous calendar year or its initial declaration has been withdrawn in accordance with the requirements of proposed amended 15 CFR 712.5(f), an initial declaration (including a current detailed technical description of the facility) would have to be submitted to BIS at least 200 calendar days prior to commencing production of Schedule 1 chemicals at the facility in quantities greater than 100 grams aggregate per year. Such facilities would be considered to be "new Schedule 1 chemical production facilities'' and would be subject to an initial inspection within 200 calendar days of the submission of the initial declaration to BIS.

Annual declarations for anticipated activities. Under the proposed rule, the due date for Annual Declarations for Anticipated Activities would be changed from August 3 to September 3 thereby giving Schedule 1 facilities an additional 30 days in which to complete and submit their declarations.

Requirements for amending Schedule 1 declarations and reports, etc. This proposed rule would amend the CWCR provisions concerning requirements for amending Schedule 1 declarations and reports. 15 CFR 712.7 is proposed to be amended by clarifying and specifying deadlines for: (i) The types of changes to information on Schedule 1 chemicals and activities in the Annual Declaration of Past Activities that would require submission of an amended declaration to BIS; (ii) the types of changes to export or import information in the Annual Reports on Exports and Imports from undeclared facilities, trading companies and U.S. persons that would require submission of an amended report to BIS; and (iii) the types of changes to Schedule 1 chemical facility information (e.g., change in company name, address, declaration point of contact, ownership) that would require submission of an amended declaration or report to BIS.

In addition, this proposed rule would add a new 15 CFR 712.7(d) that would provide guidance concerning the submission of inspection-related amendments. Amended declarations, based on the final inspection report, would have to be submitted to BIS within 45 calendar days of the date of BIS's post inspection letter.

Schedule 1 declarations and reports returned without action. This proposed rule would add a new 15 CFR 712.8 to provide guidance concerning certain Schedule 1 declarations and reports that are returned without action. In these cases, BIS would return without action (RWA) any Schedule 1 declarations or reports that are determined to be not required by the CWCR.

(See ITT's Online Archives or 12/09/04 news, 04120930, for Part I of BP's summary of this proposed rule.)

- written comments due by 01/06/05

BIS proposed rule (FR Pub 12/07/04, D/N 990611158-4077-03) available at

http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-26517.pdf.