[Federal Register Volume 64, Number 95 (Tuesday, May 18, 1999)]
[Rules and Regulations]
[Pages 27138-27150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12281]
[[Page 27137]]
_______________________________________________________________________
Part V
Department of Commerce
_______________________________________________________________________
Bureau of Export Administration
_______________________________________________________________________
15 CFR Part 734, et al.
Implementation of the Chemical Weapons Convention; Revisions to the
Export Administration Regulations; Final Rule
Federal Register / Vol. 64, No. 95 / Tuesday, May 18, 1999 / Rules
and Regulations
[[Page 27138]]
DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Parts 734, 736, 738, 740, 742, 745, 748, 758, 772 and 774
[Docket No. 990416098-9098-01]
RIN 0694-AB67
Implementation of the Chemical Weapons Convention; Revisions to
the Export Administration Regulations
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Interim rule.
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SUMMARY: On April 25, 1997, the United States ratified the Convention
on the Prohibition of the Development, Production, Stockpiling, and Use
of Chemical Weapons and on Their Destruction, also known as the
Chemical Weapons Convention (CWC or Convention). The CWC identifies
Schedule 1, Schedule 2 and Schedule 3 chemicals subject to certain
trade restrictions. This interim rule implements the provisions of the
Convention that affect exports and reexports of Schedule 1 chemicals
and exports of Schedule 2 and Schedule 3 chemicals to countries that
are not party to the Convention (non-States Parties) by amending the
Export Administration Regulations (EAR). Specifically, this rule adds a
requirement for U.S. persons to obtain an End-Use Certificate for
exports of certain chemicals to those countries that are not party to
the Convention, and submit a copy of that certificate to the Department
of Commerce. This rule also adds licensing requirements for technology
for the production of certain Schedule 2 and Schedule 3 chemicals
subject to the Export Administration Regulations, and creates an
advance notification and annual report requirement for all exports of
Schedule 1 chemicals. To facilitate verification measures by the
Organization for the Prohibition on Chemical Weapons (OPCW), this rule
modifies an existing License Exception to permit the release of
technology to the OPCW during inspections of chemical facilities in the
United States and to permit the export or reexport of equipment for use
in inspections in countries party to the Convention.
DATES: This rule is effective May 18, 1999. Comments on this rule must
be received on or before June 17, 1999. Annual reports for exports of
Schedule 1 chemicals during calendar years 1997 and 1998 must be
received by the Department of Commerce by August 16, 1999.
ADDRESSES: Written comments should be sent to Nancy Crowe, Regulatory
Policy Division, Bureau of Export Administration, Room 2705, 14th
Street and Pennsylvania Ave., NW, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Nancy Crowe, Regulatory Policy
Division, Bureau of Export Administration, at (202) 482-2440.
SUPPLEMENTARY INFORMATION:
Background
As a party to the Convention on the Prohibition of the Development,
Production, Stockpiling, and Use of Chemical Weapons and on Their
Destruction, also known as the Chemical Weapons Convention (CWC or
Convention), the United States must, among other obligations, subject
certain toxic chemicals and their precursors listed in the Convention
to verification measures and control. This rule implements certain
export-related provisions of the Convention. Regulations to implement
other provisions of the Convention related to data declarations and
inspections will be published by the Department of Commerce in the
Federal Register at a later date.
The CWC-related toxic chemicals and their precursors are contained
in three lists or ``schedules.'' CWC Schedule 1 chemicals and
precursors are those that have been developed, produced, stockpiled, or
used as chemical weapons in the past, or that have high potential for
use as chemical weapons, possess lethal or incapacitating toxicity, or
may be used as precursors in the production of other Schedule 1
chemicals.
CWC Schedule 2 lists toxic chemicals and precursors that are not
produced in large commercial quantities and that possess lethal or
incapacitating toxicity that could enable them to be used as chemical
weapons, may be used as precursors in one of the chemical reactions at
the final stage of formation of a chemical listed in Schedule 1 or
Schedule 2, or are important in the production of Schedule 1 or
Schedule 2 chemicals.
CWC Schedule 3 lists toxic chemicals that may be produced in large
commercial quantities for purposes not prohibited under the Convention
and that have been produced, stockpiled, or used as chemical weapons,
possess lethal or incapacitating toxicity that could enable them to be
used as chemical weapons, or are important in the production of one or
more chemicals listed in Schedule 1 or Schedule 2.
The Convention mandates trade restrictions on individual chemicals
and families of chemicals. The United States is a participant in the
Australia Group (AG), a 30-nation multilateral chemical and biological
weapons non-proliferation regime. All AG participants have national
export controls on 54 precursor chemicals, some of which are listed on
the CWC Schedules, and on chemical-related production equipment. Two
Schedule 1 toxins, ricin and saxitoxin, are subject to the EAR, are
listed in Export Control Classification Number (ECCN) 1C351 on the
Commerce Control List (CCL), and currently require a license for
chemical and biological (CB) non-proliferation reasons for export to
all destinations except Canada. Three additional Schedule 1 chemicals,
O-Ethyl-2-diisopropylaminoethyl methyl phosphonite (57856-11-8),
Ethylphosphonyl difluoride (753-98-0) and Methylphosphonyl difluoride
(676-99-3), are controlled by ECCN 1C350, and currently require a
license for CB reasons for export to all destinations except AG-member
countries. As a result of this rule, all five Schedule 1 chemicals
subject to the EAR will require a license to all destinations,
including Canada. All other Schedule 1 chemicals are considered defense
articles under U.S. law and, as such, are controlled by the Department
of State under the International Traffic in Arms Regulations (ITAR),
(22 CFR 120, 121.7).
This rule establishes a new reason for control, ``Chemical Weapons
Convention'', or CW, in Control Policy--Commerce Control List Based
Controls (part 742 of the EAR). New Sec. 742.18, sets forth the
licensing requirements and policies for this new control, and applies
to Schedule 1 chemicals identified under ECCNs 1C350 and 1C351 and
Schedule 2 and Schedule 3 chemicals identified under ECCN 1C350 and new
ECCN 1C355, and to technology identified under new ECCN 1E355.
New Sec. 742.18 reflects the requirements of the Convention. Under
the Convention, Schedule 1 chemicals may only be exported to other
States Parties. States Parties exporting Schedule 1 chemicals must
provide advance notification of exports of any quantity of a Schedule 1
chemical, and must submit annual reports of exports of such chemicals
during the previous calendar year. The Convention also requires that
prior to the export of a Schedule 2 or Schedule 3 chemical to a non-
State Party, the exporter obtain an End-Use Certificate issued by the
government of the importing country. No Schedule 2 chemical may be
exported to a non-State Party after April
[[Page 27139]]
29, 2000. Specifically, this rule amends the EAR in the following ways:
Schedule 1 Chemical Requirements
Export license requirements for Schedule 1 chemicals. This rule
imposes a license requirement for CW reasons for exports of CWC
Schedule 1 chemicals controlled under ECCN 1C350.a.20, a.24, and a.31
and ECCN 1C351.d.5 and d.6. to all countries, including Canada.
Reexports of Schedule 1 chemicals are prohibited. Note that since
exports of Schedule 1 chemicals are controlled for more than one
reason, licenses for such chemicals will be reviewed under the license
review policy for all applicable reasons for control, including the
license review policy set forth in Sec. 742.2 and new Sec. 742.18 of
the EAR.
Advance notification and annual reporting of exports of Schedule 1
chemicals. This rule adds a new part 745 for CWC advance notification
and certain other reporting requirements. Section 745.1 sets forth the
notification and reporting requirements for exports of all Schedule 1
chemicals listed in new Supplement No. 1 to part 745. You must notify
BXA at least 45 calendar days prior to exporting any quantity of a
Schedule 1 chemical to another State Party. The advance notification
requirement is in addition to the export license required for Schedule
1 chemicals controlled under ECCNs 1C350 or 1C351 and Secs. 742.2 and
742.18 of the EAR, and for other Schedule 1 chemicals controlled by the
State Department's International Traffic in Arms Regulations. You must
also submit annual reports to BXA of all exports of any quantity of a
Schedule 1 chemical to another State Party during the previous calendar
year, starting with exports taking place during calendar year 1997.
Annual reports for exports of Schedule 1 exports during calendar years
1997 and 1998 are due to the Department of Commerce August 16, 1999. If
you exported Schedule 1 chemicals in calendar year 1997 and 1998, two
reports are due by August 16, 1999. Thereafter, annual reports are due
to the Department of Commerce by February 13th of each year. For
example, annual reports for exports that were made during calendar year
1999 are due on February 13, 2000.
Schedule 2 and Schedule 3 Chemical Requirements
End-Use Certificate requirements for exports of Schedule 2 and
Schedule 3 chemicals to countries that are not CWC States Parties. This
rule adds to new Sec. 745.2 a requirement for U.S. persons, as defined
in Sec. 744.6(c) of the EAR, to obtain an End-Use Certificate from the
government of the importing country and submit a copy of the End-Use
Certificate to the Department of Commerce within 7 days of the date of
export. This Certificate must be issued by the foreign government's
agency responsible for foreign affairs or any other agency or
department designated by the importing government for this purpose, and
may be issued to cover aggregate quantities against which multiple
shipments may be made to a single consignee. An End-Use Certificate
covering multiple shipments may be used until the aggregate quantity is
shipped. New Supplement No. 1 to part 745 includes a list of Schedule 2
and Schedule 3 chemicals subject to the End-Use Certificate
requirement, and new Supplement No. 2 to part 745 includes a list of
States Parties. New Supplement No. 3 to part 745 of the EAR includes
foreign government agencies responsible for issuing End-Use
Certificates. Additional foreign government entities will be added to
Supplement No. 3 to part 745 when known.
An End-Use Certificate is required for exports of Schedule 2 and
Schedule 3 chemicals to countries not included in Supplement No. 2 to
part 745. Note that the End-Use Certificate requirement set forth in
Sec. 745.2 of the EAR applies to all Schedule 2 and Schedule 3
chemicals regardless of whether the chemical is subject to the export
license requirements under the EAR or the International Traffic in Arms
Regulations (ITAR). Note also that the End-Use Certificate requirement
is in addition to any export license requirement under either the EAR
or the ITAR.
License requirements. This rule imposes a license requirement for
exports of Schedule 2 and Schedule 3 chemicals controlled for CW
reasons under ECCNs 1C350 and 1C355, including sample shipments of such
chemicals, to non-States Parties when an End-Use Certificate is not
obtained. Such applications will generally be denied. Further, this
rule imposes a license requirement for exports of Schedule 2 chemicals
to non-States Parties on or after April 29, 2000, and imposes a general
policy of denial for such exports.
Exports of technology to produce certain Schedule 2 and Schedule 3
chemicals. This rule adds to the CCL new ECCN 1E355 to control
technology to produce PFIB, phosgene, cyanogen chloride and hydrogen
cyanide. This rule also imposes a license requirement for CW reasons
for exports and reexports of such technology when destined to non-
States Parties, except for Israel and Taiwan. Applications for such
exports and reexports will be considered on a case-by-case basis. Note
that once countries become State Parties, they will be eligible to
receive production technology controlled under 1E355 without a license.
This interim rule also imposes anti-terrorism controls on
technology controlled under ECCN 1E355 for Iran, Sudan and Syria,
consistent with the provisions of the Export Administration Act after
consultation with the Secretary of State.
Exports and reexports of equipment for use in inspections conducted
by the OPCW and for the release of technology to the OPCW during
inspections. This rule also revises License Exception GOV to permit the
export and reexport of equipment for use in inspections in countries
party to the Convention, and to permit the release of technology to the
Organization for the Prohibition of Chemical Weapons (OPCW) during
inspections of chemical facilities in the United States pursuant to the
Convention. These exports and reexports are authorized only for the
Organization for the Prohibition of Chemical Weapons (OPCW) for
official international inspection and verification use under the terms
of the Convention. This License Exception is available only on the
condition that the information is strictly protected in accordance with
applicable provisions of the EAR and other U.S. laws regarding the use
and retransfer of U.S. goods and services. License Exception GOV does
not authorize export of inspection samples. No samples collected in the
United States pursuant to a CWC inspection may be transferred for
analysis to any laboratory outside the United States.
This rule also makes conforming changes in Sec. 734.5--Activities
of U.S. and foreign persons subject to the EAR; Sec. 736.2--General
Prohibitions; and Sec. 748.2--Unique license application requirements.
Finally, this rule also revises the Shipper's Export Declaration (SED)
provisions of Sec. 758.3 to require exporters to enter the ECCN on the
SED when exporting chemicals controlled under ECCN 1C355 under No
License Required (NLR).
The Bureau of Export Administration submitted a foreign policy
report to the Congress April 13, 1999 indicating the imposition of new
foreign policy controls.
Although the Export Administration Act (EAA) expired on August 20,
1994, the President invoked the International Emergency Economic Powers
Act and continued in effect the EAR, and, to the extent permitted by
law, the provisions
[[Page 27140]]
of the EAA in Executive Order 12924 of August 19, 1994, extended by
Presidential notice of August 13, 1998 (63 FR 55121, August 17, 1998).
Savings Clause
Shipments of items now subject to a licensing, advance notification
or End-Use Certificate requirement as a result of this regulatory
action that were on dock for loading, on lighter, laden aboard an
exporting carrier, or en route aboard a carrier to a port of export
pursuant to actual orders for export before May 18, 1999 may be
exported without a license up to and including June 1, 1999. Any such
items not actually exported before midnight June 1, 1999, require a
license or are subject to the advance notification or End-Use
Certificate requirements in accordance with this regulation.
Rulemaking Requirements
1. This interim rule has been determined to be not significant for
purposes of E.O. 12866.
2. Notwithstanding any other provision of law, no person is
required to, nor shall any person be subject to a penalty for failure
to comply with a collection of information, subject to the Paperwork
Reduction Act (PRA), unless that collection of information displays a
currently valid OMB Control Number. This rule involves a collection of
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). These collections have been approved by the Office of
Management and Budget under control number 0694-0088. This rule also
contains two new information collection requirements subject to the PRA
that has received emergency approval under OMB control number 0694-
0117. The new information requirement and estimated public burden hours
include: Preparing and submitting to BXA Schedule 1 notifications and
annual reports (30 minutes each); obtaining the End-Use Certificate
from the government of the importing destination; transmitting it to
the exporter, and submitting it to BXA (30 minutes). These estimates
include the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collections of information. Comments are invited on: (a)
whether the proposed collection of information is necessarry for the
proper performance of the functions of the agency, including whether
the information shall have practical utility; (b) the accuracy of the
agency's estimate of the burden of the proposed collection of
information; (c) ways to enhance the quality, utility, and clarity of
the information to be collected; and (d) ways to minimize the burden of
the collection of information on respondents, including, the use of
automated collection techniques or other forms of information
technology. Please send any comments to regarding these burden
estimates or any other aspect of these collections of information,
including suggestions for reducing the burden, to OMB Desk Officer, New
Executive Office Building, Washington, DC 20503.
3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 12612.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (Sec. 5 U.S.C. 553(a)(1)). Further, no
other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this interim rule. Because
a notice of proposed rulemaking and an opportunity for public comment
are not required to be given for this rule under 5 U.S.C. or by any
other law, the requirements of the Regulatory Flexibility Act (5 U.S.C.
601 et seq. ) are not applicable.
However, because of the importance of the issues raised by these
regulations, this rule is issued in interim final form and comments
will be considered in the development of final regulations.
Accordingly, the Department encourages interested persons who wish to
comment to do so at the earliest possible time to permit the fullest
consideration of their views.
The period for submission of comments will close June 17, 1999. The
Department will consider all comments received before the close of the
comment period in developing final regulations. Comments received after
the end of the comment period will be considered if possible, but their
consideration cannot be assured. The Department will not accept public
comments accompanied by a request that a part or all of the material be
treated confidentially because of its business proprietary nature or
for any other reason. The Department will return such comments and
materials to the person submitting the comments and will not consider
them in the development of final regulations. All public comments on
these regulations will be a matter of public record and will be
available for public inspection and copying. In the interest of
accuracy and completeness, the Department requires comments in written
form.
Oral comments must be followed by written memoranda, which will
also be a matter of public record and will be available for public
review and copying. Communications from agencies of the United States
Government or foreign governments will not be made available for public
inspection.
The public record concerning these regulations will be maintained
in the Bureau of Export Administration Freedom of Information Records
Inspection Facility, Room 6881, Department of Commerce, 14th Street and
Pennsylvania Avenue, NW, Washington, DC 20230. Records in this
facility, including written public comments and memoranda summarizing
the substance of oral communications, may be inspected and copied in
accordance with regulations published in Part 4 of Title 15 of the Code
of Federal Regulations. Information about the inspection and copying of
records at the facility may be obtained from Henry Gaston, Bureau of
Export Administration Freedom of Information Officer, at the above
address or by calling (202) 482-0500.
List of Subjects
15 CFR Part 734
Administrative practice and procedure, Exports, Foreign trade.
15 CFR Parts 736, 738, 742, 772 and 774
Exports, Foreign trade.
15 CFR Part 745
Administration practice and procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping requirements.
15 CFR Parts 740, 748 and 758
Administrative practice and procedure, Exports, Foreign trade,
Reporting and recordkeeping requirements.
Accordingly, parts 734, 736, 738, 740, 742, 772 and 774 of the
Export Administration Regulations (15 CFR Parts 730-799) are amended,
and new part 745 is added, to read as follows:
1. The authority citation for part 734 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 1701 et seq.; E.O.
12924, 3 CFR, 1994 Comp., p. 917; E.O. 12938, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 3 CFR, 1996
Comp., p. 228; Notice of August 13, 1998, 63 FR 44121, 3 CFR, 1999
Comp., p. 294.
2. The authority citation for part 736 is amended to read as
follows:
[[Page 27141]]
Authority: 50 U.S.C. app. 2401 et seq.; 1701 et seq.; E.O.
12924, 3 CFR, 1994 Comp., p. 917; E.O. 12938, 59 FR 59099, 3 CFR,
1994 Comp., p. 950; E.O. 13026, 3 CFR, 1996 Comp., p. 228; Notice of
August 13, 1998, 63 FR 44121, 3 CFR, 1999 Comp., p. 294.
3. The authority citations for parts 738 and 774 are revised to
read as follows:
Authority: 50 U.S.C. app. 2401 et seq., 1701 et seq., app 5; 10
U.S.C. 7420, 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 287c; 22
U.S.C. 3201 et seq., 6004; Sec. 201, Pub. L. 104-58, 109 Stat. 557
(30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a, 6212; 43 U.S.C. 1354; 46
U.S.C. app. 466c; E.O. 12924, 3 CFR, 1994 Comp., p. 917; E.O. 13026,
3 CFR, 1996 Comp., p. 228; Notice of August 13, 1998, 63 FR 44121, 3
CFR, 1999 Comp., p. 294.
4. The authority citation for parts 740 and 772 are revised to read
as follows:
Authority: 50 U.S.C. app. 2401 et seq., 1701 et seq.; E.O.
12924, 1994, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 3 CFR, 1996
Comp., p. 228 (1997); Notice of August 13, 1998, 63 FR 44121, 3 CFR,
1999 Comp., p. 294; Pub. L. 105-85, 111 Stat. 1629.
5. The authority citation for part 742 is amended to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq., 1701 et seq.; 18 U.S.C.
2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; E.O. 12058,
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 3 CFR, 1993
Comp., p. 608; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917;
E.O. 12938, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 3 CFR, 1996 Comp.
P. 219; E.O. 13026, 3 CFR, 1996 Comp., p. 228; Notice of August 13,
1998, 63 FR 44121, 3 CFR, 1999 Comp., p. 294.
6. The authority citation for part 758 is revised to read as
follows
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12924, 3 CFR, 1994 Comp., p. 917; Notice of August 13, 1998, 63
FR 44121, 3 CFR, 1999, Comp., p. 294.
PART 734--AMENDED
7. Section 734.5 is amended by revising paragraph (a) to read as
follows:
Sec. 734.5 Activities of U.S. and foreign persons subject to the EAR.
* * * * *
(a) Certain activities of U.S. persons related to the proliferation
of chemical or biological weapons or of missile technology as described
in Sec. 744.6 of the EAR and the proliferation of chemical weapons as
described in part 745 of the EAR.
* * * * *
PART 736--AMENDED
8.-9. Section 736.2 is amended by revising paragraph (b)(7)(i) to
read as follows:
Sec. 736.2 General prohibitions and determination of applicability.
(a) * * *
(b) * * *
(7) General Prohibition Seven--Support of proliferation activities
(U.S. person proliferation activity).--(i) Support of proliferation
activities (U.S. person proliferation activity). (A) If you are a U.S.
person as that term is defined in Sec. 744.6(c) of the EAR, you may not
engage in any activities prohibited by Sec. 744.6(a) or (b) of the EAR,
which prohibits the performance, without a license from BXA, of certain
financing, contracting, service, support, transportation, freight
forwarding, or employment that you know will assist in certain
proliferation activities described further in part 744 of the EAR.
There are no License Exceptions to this General Prohibition Seven in
part 740 of the EAR unless specifically authorized in that part.
(B) If you are a U.S. person as that term is defined in
Sec. 744.6(c) of the EAR, you may not export a Schedule 2 or Schedule 3
chemical listed in Supplement No. 1 to part 745 to a destination not
listed in Supplement No. 2 to part 745 without first submitting to the
Department of Commerce a copy of the End-Use Certificate as required in
Sec. 745.2 of the EAR.
(C) If you are a U.S. person as that term is defined in
Sec. 744.6(c) of the EAR, you may not export a Schedule 1 chemical
listed in Supplement No. 1 to part 745 without first complying with the
provisions of Secs. 742.16 and 745.2 of the EAR.
* * * * *
PART 738--AMENDED
10. Section 738.2 is amended by adding ``CW Chemical Weapons
Convention'' in alphabetical order to the list of Reasons for Control
in paragraph (d)(2)(i)(A).
PART 740--AMENDED
11. Section 740.11 is amended by revising the heading and
introductory text and by adding new paragraph (c) to read as follows:
Sec. 740.11 Governments, international organizations, and
international inspections under the Chemical Weapons Convention (GOV).
This License Exception authorizes exports and reexports for
international nuclear safeguards; U.S. government agencies or
personnel, and agencies of cooperating governments; and international
inspections under the Chemical Weapons Convention.
* * * * *
(c) International inspections under the Chemical Weapons Convention
(CWC or Convention).
(1) The provisions of this paragraph (c) authorize exports and
reexports to the Organization for the Prohibition of Chemical Weapons
(OPCW) and exports and reexports by the OPCW for official international
inspection and verification use under the terms of the Convention. The
OPCW is an international organization that establishes and administers
an inspection and verification regime under the Convention designed to
ensure that certain chemicals and related facilities are not diverted
from peaceful purposes to non-peaceful purposes. These provisions
authorize exports and reexports for official OPCW use of the following:
(i) Commodities and software consigned to the OPCW at its
headquarters in The Hague for official international OPCW use for the
monitoring and inspection functions set forth in the Convention, and
technology relating to the maintenance, repair, and operation of such
commodities and software. The OPCW must maintain effective control of
such commodities, software and technology.
(ii) Controlled technology relating to the training of the OPCW
inspectorate.
(iii) Controlled technology relating to a CWC inspection site,
including technology released as a result of:
(A) Visual inspection of U.S.-origin equipment or facilities by
foreign nationals of the inspection team;
(B) Oral communication of controlled technology to foreign
nationals of the inspection team in the U.S. or abroad; and
(C) The application to situations abroad of personal knowledge or
technical experience acquired in the U.S.
(2) Exclusions. The following items may not be exported or
reexported under the provisions of this paragraph (c):
(i) Computers with a Composite Theoretical Performance (CTP)
greater than 10,000 MTOPS, except that no MTOPS limit applies to
exports or reexports to those countries in Computer Tier 1 (see
Sec. 740.7(b)(1));
(ii) Inspection samples collected in the U.S. pursuant to the
Convention; and
(iii) Commodities and software that are no longer in OPCW official
use. Such items must be disposed of in accordance with the EAR.
[[Page 27142]]
(3) Confidentiality. The application of the provisions of this
paragraph (c) is subject to the condition that the confidentiality of
business information is strictly protected in accordance with
applicable provisions of the EAR and other U.S. laws regarding the use
and retransfer of U.S. goods and services.
PART 742--AMENDED
12. Section 742.2 is amended by revising the introductory text to
paragraph (a) to read as follows:
Sec. 742.2 Proliferation of chemical and biological weapons.
(a) License requirements. The following controls are maintained in
support of the U.S. foreign policy of opposing the proliferation and
illegal use of chemical and biological weapons. (See also Sec. 742.16
of this part for license requirements pursuant to the Chemical Weapons
Convention).
* * * * *
Sec. 742.8 [Amended]
13. Section 742.8 is amended by revising the phrase ``paragraphs
(c)(6) through (c)(39)'' in paragraph (a)(4)(ii) to read ``paragraphs
(c)(6) through (c)(41)''.
Sec. 742.9 [Amended]
14. Section 742.9 is amended by revising the phrase ``(c)(22)
through (c)(39)'' in paragraph (a)(3)(ii) to read ``(c)(22) through
(c)(41)''.
Sec. 742.10 [Amended]
15. Section 742.10 is amended by revising the phrase ``(c)(16)
through (c)(39)'' in paragraph (a)(4)(ii) to read ``(c)(16) through
(c)(41)''.
16. Part 742 is amended by adding a new Sec. 742.18 to read as
follows:
Sec. 742.18 Chemical Weapons Convention (CWC or Convention).
States that are party to the Convention on the Prohibition of the
Development, Production, Stockpiling, and Use of Chemical Weapons and
on Their Destruction, also known as the Chemical Weapons Convention
(CWC or Convention), undertake never to develop, produce, acquire,
stockpile, transfer, or use chemical weapons. As a State Party to the
Convention, the United States is subjecting certain toxic chemicals and
their precursors listed in Schedules within the Convention to trade
restrictions. Trade restrictions include a prohibition on the export of
Schedule 1 chemicals to non-States Parties, license requirements for
the export of Schedule 1 chemicals to all States Parties, End-Use
Certificate requirements for exports of Schedule 2 and Schedule 3
chemicals to non-States Parties, and a prohibition on the export of
Schedule 2 chemicals to non-States Parties on or after April 29, 2000.
(a) License requirements. (1) Schedule 1 chemicals identified in
ECCNs 1C350 and 1C351. A license is required for CW reasons for exports
and reexports of Schedule 1 chemicals identified under ECCN 1C350.a.20,
a.24, and a.31 and ECCN 1C351.d.5 and d.6 to all destinations including
Canada. Also see the advance notification procedures and annual
reporting requirements described in Sec. 745.1 of the EAR.
(2) Schedule 2 and Schedule 3 chemicals. (i) ECCN 1C350. For all
chemicals included in ECCN 1C350, other than 1C350.a.20, a.24 and a.31,
a license is required for CW reasons unless an End-Use Certificate is
obtained as described in Sec. 745.2 of the EAR for exports to
destinations not listed in Supplement No. 2 to part 745 of the EAR.
(ii) ECCN 1C355. Chemicals controlled under ECCN 1C355 are
controlled for CW reasons. The following license requirements apply:
(A) CWC States Parties. Neither a license nor an End-Use
Certificate is required for exports to CWC States Parties (destinations
listed in Supplement No. 2 to part 745 of the EAR) for CW reasons. Note
that a license may be required for other reasons set forth in the EAR.
See in particular the end-use/end-user restrictions of part 744 and the
restrictions that apply to embargoed countries in part 746 of the EAR.
(B) CWC Non-States Parties. A license is required for exports to
non-States Parties (destinations not listed in Supplement No. 2 to part
745 of the EAR) for CW reasons unless the exporter obtains an End-Use
Certificate described by Sec. 745.2 of the EAR. Note that a license may
be required for other reasons set forth in the EAR. See in particular
the end-use/end-user restrictions of part 744 and the restrictions that
apply to embargoed countries in part 746 of the EAR.
(iii) Exports of Schedule 2 chemicals on or after April 29, 2000. A
license is required for CW reasons for exports of Schedule 2 chemicals
listed in 1C350 and 1C355 when exported to non-States Parties on or
after April 29, 2000, regardless whether the exporter has obtained an
End-Use Certificate described in Sec. 745.2 of the EAR.
(3) Technology controlled under ECCN 1E355. A license is required
to non-States Parties (destinations not listed in Supplement No. 2 to
part 745 of the EAR), except for Israel and Taiwan, for CW reasons.
(b) Licensing policy. (1) Schedule 1 chemicals. (i) Applications to
export Schedule 1 chemicals to States Parties (destinations listed in
Supplement No. 2 to part 745 of the EAR) will generally be approved,
provided that all of the following conditions are met:
(A) The chemicals are destined for purposes not prohibited under
the CWC (e.g., research, medical, pharmaceutical, or protective
purposes);
(B) The types and quantities of chemicals are strictly limited to
those that can be justified for those purposes;
(C) The aggregate amount of Schedule 1 chemicals in the country of
destination at any given time for such purposes is equal to or less
than one metric ton and receipt of the proposed export or reexport will
not cause the limit to be exceeded.
(ii) Applications to export Schedule 1 chemicals to non-States
Parties (destinations not listed in Supplement No. 2 to part 745 of the
EAR) will generally be denied.
(iii) Applications to reexport Schedule 1 chemicals will generally
be denied.
(2) Schedule 2 and Schedule 3 chemicals. (i) CWC States Parties.
Applications to export and reexport Schedule 2 and Schedule 3 chemicals
controlled under ECCN 1C350 to States Parties (destinations listed in
Supplement No. 2 to part 745 of the EAR) will generally be approved to
satisfactory end-users, provided the chemicals will only be used for
purposes not prohibited by the CWC.
(ii) CWC non-States Parties. (A) ECCN 1C350. Applications to export
Schedule 2 chemicals prior to April 29, 2000, and Schedule 3 Schedule
chemicals controlled under ECCN 1C350 to CWC non-States Parties
(destinations not listed in Supplement No. 2 to part 745 of the EAR)
will generally be approved to satisfactory end-users, provided the
chemicals will only be used for purposes not prohibited by the CWC (see
paragraph (b)(2)(iv) of this section), when the exporter has obtained
the End-Use Certificate required and described in Sec. 745.2 of the
EAR. If no end-user certificate is obtained, the application will
generally be denied.
(B) ECCN 1C355. Applications to export Schedule 2 and Schedule 3
chemicals controlled under ECCN 1C355 will generally be denied.
(C) Exports of Schedule 2 chemicals on or after April 29. 2000.
Applications to export Schedule 2 chemicals controlled under 1C350 and
1C355 to non-States Parties (destinations not listed in Supplement No.
2 to part 745 of the EAR) on or after April 29, 2000, will generally be
denied.
[[Page 27143]]
(iii) Purposes not prohibited under the CWC include:
(A) Industrial, agricultural, research, medical, pharmaceutical, or
other peaceful purposes; and
(B) Law enforcement purposes.
(3) Technology controlled under ECCN 1E355. Exports and reexports
of technology controlled under ECCN 1E355 will be reviewed on a case-
by-case basis.
(c) Contract sanctity. Contract sanctity provisions are not
available for license applications reviewed under this section.
17-18. Supplement No. 2 to part 742 is amended by adding new
paragraphs (c)(40) and (c)(41) to read as follows:
Supplement No. 2 To Part 742--Anti-Terrorism Controls: Iran, Syria
and Sudan Contract Sanctity Dates and Related Policies
* * * * *
(c) * * *
(40) [Reserved]
(41) Production technology controlled under ECCN 1C355 on the CCL.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Syria will
be considered on a case-by-case basis.
(iii) Sudan. Applications for all end-users in Sudan of these items
will generally be denied.
PART 745--[ADDED]
19. New Part 745 is added to read as follows:
PART 745--CHEMICAL WEAPONS CONVENTION REQUIREMENTS
Sec.
Sec. 745.1 Advance notification and annual report of all exports of
Schedule 1 chemicals to other States Parties.
Sec. 745.2 End-Use Certificate reporting requirements under the
Chemical Weapons Convention.
Supplement No. 1 to Part 745--Schedules of Chemicals
Supplement No. 2 to Part 745--States Parties to the Convention on
the Prohibition of the Development, Production, Stockpiling, and Use
of Chemical Weapons and on Their Destruction
Authority: 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; Notice of August 13, 1998, 63 FR 44121, 3
CFR, 1999 Comp., p. 294.
Sec. 745.1 Advance notification and annual report of all exports of
Schedule 1 chemicals to other States Parties.
Pursuant to the Convention, the United States is required to notify
the Organization for the Prohibition of Chemical Weapons (OPCW) not
less than 30 days in advance of every export of a Schedule 1 chemical,
in any quantity, to another State Party. In addition, the United States
is required to provide a report of all exports of Schedule 1 chemicals
to other States Parties during each calendar year. If you plan to
export any quantity of a Schedule 1 chemical controlled under the EAR
and licensed by the Department of Commerce or controlled under the
International Traffic in Arms Regulations (ITAR) and licensed by the
Department of State, you are required under this section to notify the
Department of Commerce in advance of this export. You are also required
to provide an annual report of exports that actually occurred during
the previous calendar year. The United States will transmit the advance
notifications and an aggregate annual report to the OPCW of exports of
Schedule 1 chemicals from the United States. Note that the notification
and annual report requirements of this section do not relieve the
exporter of any requirement to obtain a license from the Department of
Commerce for the export of Schedule 1 chemicals subject to the EAR or
from the Department of State for the export of Schedule 1 chemicals
subject to the ITAR.
(a) Advance notification of exports. You must notify BXA at least
45 calendar days prior to exporting any quantity of a Schedule 1
chemical listed in Supplement No. 1 to this part to another State
Party. This is in addition to the requirement to obtain an export
license under the EAR for chemicals controlled by ECCN 1C350 or 1C351
for any reason for control, or from the Department of State for
Schedule 1 chemicals controlled under the ITAR. Note that such
notifications may be sent to BXA prior to or after submission of a
license application to BXA for Schedule 1 chemicals controlled subject
to the EAR and under ECCNs 1C350 or 1C351 or to the Department of State
for Schedule 1 chemicals controlled on the ITAR. Such notices must be
submitted separately from license applications.
(1) Such notification should be on company letterhead or must
clearly identify the reporting entity by name of company, complete
address, name of contact person and telephone and fax numbers, along
with the following information:
(i) Common Chemical Name;
(ii) Structural formula of the chemical;
(iii) Chemical Abstract Service (CAS) Registry Number;
(iv) Quantity involved in grams;
(v) Planned date of export;
(vi) Purpose (end-use) of export;
(vii) Name of recipient;
(viii) Complete street address of recipient;
(ix) Export license or control number, if known; and
(x) Company identification number, once assigned by BXA.
(2) Send the notification by fax to (703) 235-1481 or to the
following address, for mail and courier deliveries: Information
Technology Team, Department of Commerce, Bureau of Export
Administration, 1555 Wilson Boulevard, Suite 710, Arlington, VA 22209.
Attn: ``Advance Notification of Schedule 1 Chemical Export''.
(3) Upon receipt of the notification, BXA will inform the exporter
of the earliest date the shipment may occur under the notification
procedure. To export the Schedule 1 chemical, the exporter must have
applied for and been granted a license (see Secs. 742.2 and 742.18 of
the EAR, or the ITAR at 22 CFR part 121.
(b) Annual report of exports. (1) You must report all exports of
any quantity of a Schedule 1 chemical to another State Party during the
previous calendar year, starting with exports taking place during
calendar year 1997. Reports for exports during calendar years 1997 and
1998 are due to the Department of Commerce August 16, 1999. Thereafter,
annual reports of exports are due on February 13 of the following
calendar year. The report should be on company letterhead or must
clearly identify the reporting entity by name of company, complete
address, name of contact person and telephone and fax numbers along
with the following information for each export:
(i) Common Chemical Name;
(ii) Structural formula of the chemical;
(iii) CAS Registry Number;
(iv) Quantity involved in grams;
(v) Date of export;
(vi) Export license number;
(vii) Purpose (end-use) of export;
(viii) Name of recipient;
(ix) Complete address of recipient, including street address, city
and country; and (x) Company identification number, once assigned by
BXA.
(2) The report must be signed by a responsible party, certifying
that the information provided in the annual report is, to the best of
his/her knowledge and belief, true and complete.
[[Page 27144]]
(3) Send the report by fax to (703) 235-1481 or to the following
address, for courier deliveries: Information Technology Team,
Department of Commerce, Bureau of Export Administration, 1555 Wilson
Boulevard, Suite 710, Arlington, VA 22209. Attn: ``Annual Report of
Schedule 1 Chemical Export''.
Sec. 745.2 End-Use Certificate reporting requirements under the
Chemical Weapons Convention.
Note: The End-Use Certificate requirement of this section does
not relieve the exporter of any requirement to obtain a license from
the Department of Commerce for the export of Schedule 2 or Schedule
3 chemicals subject to the Export Administration Regulations or from
the Department of State for the export of Schedule 2 or Schedule 3
chemicals subject to the International Traffic in Arms Regulations.
(a)(1) No U.S. person, as defined in Sec. 744.6(c) of the EAR, may
export from the United States any Schedule 2 or Schedule 3 chemical
identified in Supplement No. 1 to this part to countries not party to
the Chemical Weapons Convention (destinations not listed in Supplement
No. 2 to this part) unless the U.S. person obtains from the consignee
an End-Use Certificate issued by the government of the importing
destination. This Certificate must be issued by the foreign
government's agency responsible for foreign affairs or any other agency
or department designated by the importing government for this purpose.
Supplement No. 3 to this part includes foreign government entities
responsible for issuing End-Use Certificates pursuant to this section.
Additional foreign government departments or agencies responsible for
issuing End-Use Certificates will be included in Supplement No. 3 to
this part when known. End-Use Certificates may be issued to cover
aggregate quantities against which multiple shipments may be made to a
single consignee. An End-Use Certificate covering multiple shipments
may be used until the aggregate quantity is shipped. End-Use
Certificates must be submitted separately from license applications.
(2) Submit a copy of the End-Use Certificate to the Department of
Commerce by fax at (703) 235-1481 or to the following address no later
than 7 days after the date of export, for mail and courier deliveries:
Information Technology Team, Department of Commerce, Bureau of Export
Administration, 1555 Wilson Boulevard, Suite 710, Arlington, VA 22209.
Attn: CWC End-Use Certificate Report.
(b) The End-Use Certificate described in paragraph (a) of this
section must state the following:
(1) That the chemicals will be used only for purposes not
prohibited under the Chemical Weapons Convention;
(2) That the chemicals will not be transferred to other end-user(s)
or end-use(s);
(3) The types and quantities of chemicals;
(4) Their specific end-use(s); and
(5) The name(s) and complete address(es) of the end-user(s).
Supplement No. 1 to Part 745--Schedules of Chemicals
------------------------------------------------------------------------
C.A.S. Registry
No.
------------------------------------------------------------------------
Schedule 1
------------------------------------------------------------------------
A. Toxic chemicals:
(1) O-Alkyl (C10, incl. cycloalkyl)
alkyl (Me, Et, n-Pr or i-Pr)-phosphonofluoridates
e.g. Sarin: O-Isopropyl 107-44-8
methylphosphonofluoridate....................
Soman: O-Pinacolyl methylphosphonofluoridate.. 96-64-0
(2) O-Alkyl (C10, incl. cycloalkyl) N,N-
dialkyl (Me, Et, n-Pr or i-Pr)
phosphoramidocyanidates
e.g. Tabun: O-Ethyl N,N-dimethyl 77-81-6
phosphoramidocyanidate.......................
(3) O-Alkyl (H or C10, incl.
cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-
aminoethyl alkyl (Me, Et, n-Pr or i-Pr)
phosphonothiolates and corresponding alkylated or
protonated salts
e.g. VX: O-Ethyl S-2-diisopropylaminoethyl 50782-69-9
methyl phosphonothiolate.....................
(4) Sulfur mustards:
2-Chloroethylchloromethylsulfide.............. 2625-76-5
Mustard gas: Bis(2-chloroethyl)sulfide........ 505-60-2
Bis(2-chloroethylthio)methane................. 63869-13-6
Sesquimustard: 1,2-Bis(2- 3563-36-8
chloroethylthio)ethane.......................
1,3-Bis(2-chloroethylthio)-n-propane.......... 63905-10-2
1,4-Bis(2-chloroethylthio)-n-butane........... 142868-93-7
1,5-Bis(2-chloroethylthio)-n-pentane.......... 142868-94-8
Bis(2-chloroethylthiomethyl)ether............. 63918-90-1
O-Mustard: Bis(2-chloroethylthioethyl)ether... 63918-89-8
(5) Lewisites:
Lewisite 1: 2-Chlorovinyldichloroarsine....... 541-25-3
Lewisite 2: Bis(2-chlorovinyl)chloroarsine.... 40334-69-8
Lewisite 3: Tris(2-chlorovinyl)arsine......... 40334-70-1
(6) Nitrogen mustards:
HN1: Bis(2-chloroethyl)ethylamine............. 538-07-8
HN2: Bis(2-chloroethyl)methylamine............ 51-75-2
HN3: Tris(2-chloroethyl)amine................. 555-77-1
(7) Saxitoxin..................................... 35523-89-8
(8) Ricin......................................... 9009-86-3
B. Precursors:....................................
(9) Alkyl (Me, Et, n-Pr or i-Pr)
phosphonyldifluorides
e.g. DF: Methylphosphonyldifluoride........... 676-99-3
(10) O-Alkyl (H or C10, incl.
cycloalkyl) O-2-dialkyl (Me, Et, n-Pr or i-Pr)-
aminoethyl alkyl (Me, Et, n-Pr or i-Pr)
phosphonites and corresponding alkylated or
protonated salts
e.g. QL: O-Ethyl O-2-diisopropylaminoethyl 57856-11-8
methylphosphonite............................
(11) Chlorosarin: O-Isopropyl 1445-76-7
methylphosphonochloridate........................
(12) Chlorosoman: O-Pinacolyl 7040-57-5
methylphosphonochloridate........................
------------------------------------------------------------------------
[[Page 27145]]
Schedule 2
------------------------------------------------------------------------
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
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.............. 676-97-1
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- 464-07-3
ol...........................................
------------------------------------------------------------------------
Schedule 3
------------------------------------------------------------------------
A. Toxic chemicals:
(1) Phosgene: Carbonyl dichloride................. 75-44-5
(2) Cyanogen chloride............................. 506-77-4
(3) Hydrogen cyanide.............................. 74-90-8
(4) Chloropicrin: Trichloronitromethane........... 76-06-2
B. Precursors:
(5) Phosphorus oxychloride........................ 10025-87-3
(6) Phosphorus trichloride........................ 7719-12-2
(7) Phosphorus pentachloride...................... 10026-13-8
(8) Trimethyl phosphite........................... 121-45-9
(9) Triethyl phosphite............................ 122-52-1
(10) Dimethyl phosphite........................... 868-85-9
(11) Diethyl phosphite............................ 762-04-9
(12) Sulfur monochloride.......................... 10025-67-9
(13) Sulfur dichloride............................ 10545-99-0
(14) Thionyl chloride............................. 7719-09-7
(15) Ethyldiethanolamine.......................... 139-87-7
(16) Methyldiethanolamine......................... 105-59-9
(17) Triethanolamine.............................. 102-71-6
------------------------------------------------------------------------
Supplement No. 2 to Part 745--States Parties to the Convention on
the Prohibition of the Development, Production, Stockpiling, and
Use of Chemical Weapons and on Their Destruction
List of States Parties as of May 18, 1999
Albania
Algeria
Argentina
Armenia
Australia
Austria
Bahrain
Bangladesh
Belarus
Belgium
Benin
Bolivia
Bosnia-Herzegovina
Botswana
Brazil
Brunei Darussalam
Bulgaria
Burkina Faso
Burundi
Cameroon
Canada
Chile
China
Cook Islands
Costa Rica
Cote d'Ivoire (Ivory Coast)
Croatia
Cuba
Cyprus
Czech Republic
Denmark
Ecuador
El Salvador
Equatorial Guinea
Ethiopia
Fiji
Finland
France
Gambia
Georgia
Germany
Ghana
Greece
Guinea
Guyana
Hungary
Iceland
India
Indonesia
Iran
Ireland
Italy
Japan
Jordan
Kenya
Korea (Republic of)
Kuwait
Laos (P.D.R.)
[[Page 27146]]
Latvia
Lesotho
Lithuania
Luxembourg
Macedonia
Malawi
Maldives
Mali
Malta
Mauritius
Mauritania
Mexico
Moldova (Republic of)
Monaco
Mongolia
Morocco
Namibia
Nepal
Netherlands
New Zealand
Niger
Norway
Oman
Pakistan
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Romania
Russian Federation
Saint Lucia
Saudi Arabia
Senegal
Seychelles
Singapore
Slovak Republic
Slovenia
South Africa
Spain
Sri Lanka
Suriname
Swaziland
Sweden
Switzerland
Tajikistan
Tanzania
Togo
Trinidad and Tobago
Tunisia
Turkey
Turkmenistan
United Kingdom
Ukraine
United States
Uruguay
Uzbekistan
Venezuela
Vietnam
Zimbabwe
Supplement No. 3 to Part 740--Foreign Government Agencies
Responsible for Issuing End-Use Certificates Pursuant to Sec. 745.2
Israel
Chemical, Environment Technology Administration, Ministry of
Industry & Trade, 30 Agron Street, Jerusalem 94190, Israel
Contact: Josef Dancona, Deputy Director, Telephone: 972-2-
6220193, Fax: 972-2-6241987
Taiwan
Industrial Development Bureau, Ministry of Economic Affairs, 41-
3, Sinyi Road Sec 3, Taipei, Taiwan, ROC
Contact: Ms. Yea-Ling Shiou, Telephone: 886-2-27541255, Ext.
2329
PART 748--[AMENDED]
19. Section 748.8 is amended by adding paragraph (q) to read as
follows:
Sec. 748.8 Unique license application requirements.
* * * * *
(q) Exports of chemicals controlled for CW reasons by ECCN 1C350 to
countries not listed in Supplement No. 2 to part 745 of the EAR.
20. Supplement No. 2 to part 748 is amended by adding paragraph (q)
to read as follows:
Supplement No. 2 to Part 748--Unique License Application
Requirements
(q) Chemicals controlled for CW reasons under ECCN 1C350. In
addition to any supporting documentation required by part 748, you must
also obtain from your consignee an End-Use Certificate for the export
of chemicals controlled for CW reasons by ECCN 1C350 (except
1C350.a.20., a.24, and a.31) to non-States Parties (destinations not
listed in Supplement No. 2 to part 745 of the EAR). See Sec. 745.2 of
the EAR. In addition to the End-Use Certificate, you may still be
required to obtain a Statement by Ultimate Consignee and Purchaser
(Form BXA-711P) as support documentation. Consult Secs. 748.9 and
748.11 of the EAR.
PART 758--[AMENDED]
21. Section 758.3 is amended by revising the phrase ``that have the
column identifier'' in paragraph (h)(2) to read ``that are controlled
for ``CW'' reasons or that have the column identifier''.
22. Part 772 is amended by adding definitions of ``Chemical Weapons
Convention (CWC)'' and ``Organization for the Prohibition of Chemical
Weapons (OPCW)'' in alphabetical order to read as follows:
PART 772--[AMENDED]
* * * * *
Chemical Weapons Convention (CWC). Means ``The Convention on the
Prohibition of the Development, Production, Stockpiling and Use of
Chemical Weapons and on Their Destruction'', opened for signature on
January 13, 1993.
* * * * *
Organization for the Prohibition of Chemical Weapons (OPCW). Means
the international organization, located in The Hague, Netherlands, that
administers the Chemical Weapons Convention.
PART 774--[AMENDED]
23. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1, is amended by revising ECCN 1C350 to read as follows:
1C350 Chemicals, that may be used as precursors for toxic chemical
agents.
License Requirements
Reason for Control: CB, CW, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
CB applies to entire entry............. CB Column 2
CW applies to 1C350.a.2, a.3, a.5, a.6, a.7, a.8, a.10, a.11, a.12,
a.13, a.15, a.16, a.17, a.20, a.21, a.22, a.23, a.24, a.28, a.29, a.30,
a.31, a.32, a.33, a.35, a.37, a.41, a.47, a.48, a.49, a.50, a.51, a.53,
or a.54. For 1C350.a.20, a.24 and a.31, a license is required for CW
reasons for all destinations, including Canada. For all other chemicals
controlled for CW reasons, a license is a required for export to
countries not listed in Supplement No. 2 to part 745, unless an End-Use
Certificate is obtained by the exporter. See Sec. 742.18 of the EAR.
Also, see Sec. 745.2 of the EAR for End-Use Certificate requirements.
The Commerce Country Chart is not designed to determine licensing
requirements for items controlled for CW reasons.
AT applies to entire entry............. AT Column 1
------------------------------------------------------------------------
License Requirement Notes
1. Sample Shipments: Certain sample shipments of chemicals
controlled under ECCN 1C350 may be made without a license, as provided
by the following:
a. Chemicals Not Eligible: The following CWC Schedule 1 chemicals
are not eligible for sample shipments: 0-Ethyl-2-diisopropylaminoethyl
methylphosphonite (QL) (C.A.S. #57856-11-8), Ethylphosphonyl difluoride
(C.A.S. #753-98-0), and
[[Page 27147]]
Methylphosphonyl difluoride (C.A.S. #676-99-3).
b. Countries Not Eligible: The following countries are not eligible
to receive any sample shipments: Cuba, Iran, Iraq, Libya, North Korea,
Sudan, Syria.
c. Sample Shipments: A license is not required for sample shipments
when the cumulative total of these shipments does not exceed a 55-
gallon container or 200 kg of each chemical to any one consignee per
calendar year. Multiple sample shipments, in any quantity, not
exceeding the totals indicated in this paragraph may be exported
without a license, in accordance with the provisions of this Note 1. A
consignee that receives a sample shipment under this exclusion may not
resell, transfer, or reexport the sample shipment, but may use the
sample shipment for any other legal purpose unrelated to chemical
weapons. However, a sample shipment exported and received under this
exclusion remains subject to all General Prohibitions including the
end-use restriction described in Sec. 744.4 of the EAR. Sample
shipments of chemicals controlled for CW reasons to non-States Parties
(destinations not listed in Supplement No. 2 to part 745 of the EAR)
may not be made without first obtaining an End-Use Certificate, as
described in Sec. 745.2 of the EAR. If no End-Use Certificate is
obtained pursuant to Sec. 745.2 of the EAR, a license is required for
sample shipments of chemicals controlled under ECCN 1C350 for CW
reasons.
d. The exporter is required to submit a quarterly written report
for shipments of samples made under this Note 1. The report must be on
company letterhead stationery (titled ``Report of Sample Shipments of
Chemical Precursors'' at the top of the first page) and identify the
chemical(s), Chemical Abstract Service Registry (C.A.S. ) number(s),
quantity(ies), the ultimate consignee's name and address, and the date
exported. The report must be sent to the U.S. Department of Commerce,
Bureau of Export Administration, P.O. Box 273, Washington, DC 20044,
Attn: ``Report of Sample Shipments of Chemical Precursors''.
2. Mixtures: Mixtures controlled by this entry that contain certain
concentrations of precursor and intermediate chemicals are subject to
the following licensing requirements:
a. A license is required, regardless of the concentrations in the
mixture, for the following chemicals: 0-Ethyl-2-diisopropylaminoethyl
methylphosphonite (QL) (C.A.S. #57856-11-8), Ethylphosphonyl difluoride
(C.A.S. #753-98-0) and Methylphosphonyl difluoride (C.A.S. #676-99-3);
b. A license is required when at least one of the following
chemicals constitutes more than 10 percent of the weight of the
mixture: Arsenic trichloride (C.A.S. #7784-34-1), Benzilic acid (C.A.S.
#76-93-7), Diethyl ethylphosphonate (C.A.S. #78-38-6), Diethyl
methylphosphonite (C.A.S. #15715-41-0), Diethyl-N,N-
dimethylphosphoroamidate (C.A.S. #2404-03-7), N,N-Diisopropyl-beta-
aminoethane thiol (C.A.S. #5842-07-9), N,N-Diisopropyl-2-aminoethyl
chloride hydrochloride (C.A.S. #4261-68-1), N,N-Diisopropyl-beta-
aminoethanol (C.A.S. #96-80-0), N,N-Diisopropyl-beta-aminoethyl
chloride (C.A.S. #96-79-7), Dimethyl ethylphosphonate (C.A.S. #6163-75-
3), Dimethyl methylphosphonate (C.A.S. #756-79-6), Ethylphosphonous
dichloride [Ethylphosphinyl dichloride] (C.A.S. #1498-40-4),
Ethylphosphonus difluoride [Ethylphosphinyl difluoride] (C.A.S. #430-
78-4), Ethylphosphonyl dichloride (C.A.S. #1066-50-8),
Methylphosphonous dichloride [Methylphosphinyl dichloride] (C.A.S.
#676-83-5), Methylphosphonous difluoride [Methylphosphinyl difluoride]
(C.A.S. #753-59-3), Methylphosphonyl dichloride (C.A.S. #676-97-1),
Pinacolyl alcohol (C.A.S. #464-07-3), 3-Quinuclidinol (C.A.S. #1619-34-
7), and Thiodiglycol (C.A.S. #111-48-8) (Related ECCN: 1C995);
c. A license is required when at least one of all other chemicals
in the List of Items Controlled constitutes more than 25 percent of the
weight of the mixture (related ECCN: 1C995); and
d. A license is not required under this entry for mixtures when the
controlled chemical is a normal ingredient in consumer goods packaged
for retail sale for personal use. Such consumer goods are classified as
EAR99.
Note to Mixtures: Calculation of concentrations of AG-controlled
chemicals:
a. Exclusion. No chemical may be added to the mixture (solution)
for the sole purpose of circumventing the Export Administration
Regulations;
b. Absolute Weight Calculation. When calculating the percentage,
by weight, of components in a chemical mixture, include all
components of the mixture, including those that act as solvents;
c. Example.
11% chemical listed in paragraph b. of Note 2.
39% chemical not listed in Note 2
50% Solvent
100% Mixture
11/100=11% chemical listed in paragraph b. of Note 2.
In this example, a license is required because a chemical listed in
paragraph b. of Note 2 constitutes more than 10 percent of the weight
of the mixture.
3. Compounds. A license is not required under this entry for
chemical compounds created with any chemicals identified in this entry,
unless those compounds are also identified in this entry.
Technical Notes: 1. For purposes of this entry, a ``mixture'' is
defined as a solid, liquid or gaseous product made up of two or more
components that do not react together under normal storage
conditions.
2. The scope of this control applicable to Hydrogen Fluoride
(Item 25 in List of Items Controlled) includes its liquid, gaseous,
and aqueous phases, and hydrates.
License Exceptions
LVS: N/A.
GBS: N/A.
CIV: N/A.
List of Items Controlled
Unit: Liters or kilograms, as appropriate.
Related Controls: 1C350.a.20, a.24, and a.31 are CWC Schedule 1
chemicals (see Sec. 742.18 of the EAR). The U.S. Government must
provide advance notification and annual reports to the OPCW of all
exports of Schedule 1 chemicals. See Secs. 742.18 and 745.1 of the EAR
for notification and annual report requirements. See also ECCN 1C355.
See 22 CFR part 121, Category XIV and Sec. 121.7 for additional CWC
Schedule 1 chemicals controlled by the Department of State.
Related Definitions: See Sec. 770.2(k) of the EAR for synonyms for
the chemicals listed in this entry.
Items:
a. Precursor Chemicals, as follows:
a.1. (C.A.S. #1341-49-7) Ammonium hydrogen fluoride;
a.2. (C.A.S. #7784-34-1) Arsenic trichloride;
a.3. (C.A.S. #76-93-7) Benzilic acid;
a.4. (C.A.S. #107-07-3) 2-Chloroethanol;
a.5. (C.A.S. #78-38-6) Diethyl ethylphosphonate;
a.6. (C.A.S. #15715-41-0) Diethyl methylphosphonite;
a.7. (C.A.S. #2404-03-7) Diethyl-N,N-dimethylphosphoroamidate;
a.8. (C.A.S. #762-04-9) Diethyl phosphite;
a.9. (C.A.S. #100-37-8) N,N-Diethylaminoethanol;
a.10. (C.A.S. #5842-07-9) N,N-Diisopropyl-beta-aminoethane thiol;
a.11. (C.A.S. #4261-68-1) N,N-Diisopropyl-beta-aminoethyl chloride
hydrochloride;
a.12. (C.A.S. #96-80-0) N,N-Diisopropyl-beta-aminoethanol;
a.13. (C.A.S. #96-79-7), N,N-
[[Page 27148]]
Diisopropyl-beta-aminoethyl chloride;
a.14. (C.A.S. #108-18-9) Di-isopropylamine;
a.15. (C.A.S. #6163-75-3) Dimethyl ethylphosphonate;
a.16. (C.A.S. #756-79-6) Dimethyl methylphosphonate;
a.17. (C.A.S. #868-85-9) Dimethyl phosphite (dimethyl hydrogen
phosphite);
a.18. (C.A.S. #124-40-3) Dimethylamine;
a.19. (C.A.S. #506-59-2) Dimethylamine hydrochloride;
a.20. (C.A.S. #57856-11-8) O-Ethyl-2-diisopropylaminoethyl methyl
phosphonite (QL);
a.21. (C.A.S. #1498-40-4) Ethyl phosphonous dichloride [Ethyl
phosphinyl dichloride];
a.22. (C.A.S. #430-78-4) Ethyl phosphonus difluoride [Ethyl
phosphinyl difluoride];
a.23. (C.A.S. #1066-50-8) Ethyl phosphonyl dichloride;
a.24. (C.A.S. #753-98-0) Ethyl phosphonyl difluoride;
a.25. (C.A.S. #7664-39-3) Hydrogen fluoride;
a.26. (C.A.S. #3554-74-3) 3-Hydroxyl-l-methylpiperidine;
a.27. (C.A.S. #76-89-1) Methyl benzilate;
a.28. (C.A.S. #667-83-5) Methyl phosphonous dichloride [Methyl
phosphinyl dicloride];
a.29. (C.A.S. #753-59-3) Methyl phosphonous difluoride [Methyl
phosphinyl difluoride];
a.30. (C.A.S. #767-97-1) Methyl phosphonyl dichloride;
a.31. (C.A.S. #676-99-3) Methyl phosphonyl difluoride;
a.32 (C.A.S. #10025-87-3) Phosphorus oxychloride;
a.33. (C.A.S. #10026-13-8) Phosphorus pentachloride;
a.34. (C.A.S. #1314-80-3) Phosphorus pentasulfide;
a.35. (C.A.S. #7719-12-2) Phosphorus trichloride;
a.36. (C.A.S. #75-97-8) Pinacolone;
a.37. (C.A.S. #464-07-3) Pinacolyl alcohol;
a.38. (C.A.S. #151-50-8) Potassium cyanide;
a.39. (C.A.S. #7789-23-3) Potassium fluoride;
a.40. (C.A.S. #7789-29-9) Potassium bifluoride;
a.41. (C.A.S. #1619-34-7) 3-Quinuclidinol;
a.42. (C.A.S. #3731-38-2) 3-Quinuclidone;
a.43. (C.A.S. #1333-83-1) Sodium bifluoride;
a.44. (C.A.S. #143-33-9) Sodium cyanide;
a.45. (C.A.S. #7681-49-4) Sodium fluoride;
a.46. (C.A.S. #1313-82-2) Sodium sulfide;
a.47. (C.A.S. #10025-67-9) Sulfur monochloride;
a.48. (C.A.S. #10545-99-0) Sulfur dichloride;
a.49. (C.A.S. #111-48-8) Thiodiglycol;
a.50. (C.A.S. #7719-09-7) Thionyl chloride;
a.51. (C.A.S. #102-71-6) Triethanolamine;
a.52. (C.A.S. #637-39-8) Triethanolamine hydrochloride;
a.53. (C.A.S. #122-52-1) Triethyl phosphite; and
a.54. (C.A.S. #121-45-9) Trimethyl phosphite.
b. Reserved.
24-25. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1 is amended by revising ECCN 1C351 to read as follows:
1C351 Human pathogens, zoonoses, and ``toxins''.
License Requirements
Reason for Control: CB, CW, AT.
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
CB applies to entire entry............. CB Column 1
CW applies to 1C351.d.5 and d.6. See Sec. 742.18 of the EAR for
licensing information pertaining to chemicals subject to restriction
pursuant to the CWC. The Commerce Country Chart is not designed to
determine licensing requirements for items controlled for CW reasons.
AT applies to entire entry............. AT Column 1
------------------------------------------------------------------------
License Exceptions
LVS: N/A.
GBS: N/A.
CIV: N/A.
List of Items Controlled
Unit: Liters or kilograms, as appropriate.
Related Controls: 1C351.d.5. and d.6 are CWC Schedule 1 chemicals
(see Sec. 742.18 of the EAR).
a.7. Japanese encephalitis virus;
a.8. Junin virus;
The U.S. Government must provide advance notification and annual
reports to the OPCW of all exports of Schedule 1 chemicals. See
Sec. 743.2 of the EAR for notification procedures. See 22 CFR part 121,
Category XIV and Sec. 121.7 for additional CWC Schedule 1 chemicals
controlled by the Department of State. All vaccines and
``immunotoxins'' are excluded from the scope of this entry. See also
1C991.
Related Definitions: (1) For the purposes of this entry
``immunotoxin'' is defined as an antibody-toxin conjugate intended to
destroy specific target cells (e.g., tumor cells) that bear antigens
homologous to the antibody. (2) For the purposes of this entity
``subunit'' is defined as a portion of the ``toxin''.
Items:
a. Viruses, as follows:
a.1. Chikungunya virus;
a.2. Congo-Crimean haemorrhagic fever virus;
a.3. Dengue fever virus;
a.4. Eastern equine encephalitis virus;
a.5. Ebola virus;
a.6. Hantaan virus;
a.9. Lassa fever virus;
a.10. Lymphocytic choriomeningitis virus;
a.11. Machupo virus;
a.12. Marburg virus;
a.13. Monkey pox virus;
a.14. Rift Valley fever virus;
a.15. Tick-borne encephalitis virus (Russian Spring-Summer
encephalitis virus);
a.16. Variola virus;
a.17. Venezuelan equine encephalitis virus;
a.18. Western equine encephalitis virus;
a.19. White pox; or
a.20. Yellow fever virus.
b. Rickettsiae, as follows:
b.1. Bartonella quintana (Rochalimea quintana, Rickettsia
quintana);
b.2 Coxiella burnetii;
b.3. Rickettsia prowasecki; or
b.4. Rickettsia rickettsii.
c. Bacteria, as follows:
c.1. Bacillus anthracis;
c.2. Brucella abortus;
c.3. Brucella melitensis;
c.4. Brucella suis;
c.5. Burkholderia mallei (Pseudomonas mallei);
c.6. Burkholderia pseudomallei (Pseudomonas pseudomallei);
c.7. Chlamydia psittaci;
c.8. Clostridium botulinum;
c.9. Francisella tularensis;
c.10. Salmonella typhi;
c.11. Shigella dysenteriae;
c.12. Vibrio cholerae;
[[Page 27149]]
c.13. Yersinia pestis.
d. ``Toxins'', as follows: and subunits thereof:
d.1. Botulinum toxins;
d.2. Clostridium perfringens toxins;
d.3. Conotoxin;
d.4. Microcystin (cyanginosin);
d.5. Ricin;
d.6. Saxitoxin;
d.7. Shiga toxin;
d.8. Staphylococcus aureus toxins;
d.9. Tetrodotoxin;
d.10. Verotoxin; or
d.11. Aflatoxins.
26. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1 is amended by adding new ECCN 1C355 to read as follows:
1C355 Chemical Weapons Convention (CWC) Schedule 2 and 3 chemicals and
families of chemicals, not controlled by ECCN 1C350 or by the
Department of State under the ITAR.
License Requirements
Reason for Control: CW.
Control(s)
CW applies to entire entry. A license is required for CW reasons
only to CWC non-States Parties (destinations not listed in Supplement
No. 2 to part 745), unless an End-Use Certificate is obtained by the
exporter (see Sec. 742.18 of the EAR). See Sec. 745.2 of the EAR for
End-Use Certificate requirements, and the License Requirements Notes of
this entry. Also note the export clearance requirements of Sec. 758.3
of the EAR. The Commerce Country Chart is not designed to determine
licensing requirements for items controlled for CW reasons.
License Requirements Notes
1. Chemicals listed in this entry may be shipped NLR (No License
Required) when destined to most CWC States Parties (countries listed in
Supplement No. 2 to part 745). Also see License Requirement Note 3.
2. Chemicals listed in this entry may be shipped NLR when destined
to most non-States Parties (destinations not listed in Supplement No. 2
to part 745) if supported by an End-Use Certificate described by
Sec. 745.2 of the EAR and if the ECCN is indicated on the Shipper's
Export Declaration in the appropriate space as provided in Sec. 758.3
of the EAR. Chemicals listed in this entry require a license when
exported to non-States Parties if the export is not supported by an
End-Use Certificate described by Sec. 745.2 of the EAR.
3. Chemicals listed in this entry may not be shipped NLR if
restrictions of other sections of the EAR apply (e.g., see the end-use
and end-user restrictions of part 744 of the EAR and the restrictions
that apply to embargoed countries in part 746 of the EAR).
4. Mixtures: Mixtures controlled by this entry that contain certain
concentrations of precursor and intermediate chemicals are subject to
the following requirements:
a. Mixtures are controlled under this entry when containing at
least one of the chemicals controlled under 1C355.a when the chemical
constitutes more than 10 percent of the weight of the mixture.
b. Mixtures are controlled under this entry when containing at
least one of the chemicals controlled under 1C355.b when the chemical
constitutes more than 25 percent of the weight of the mixture.
c. Mixtures containing chemicals identified in this entry are not
controlled by ECCN 1C355 when the controlled chemical is a normal
ingredient in consumer goods packaged for retail sale for personal use.
Such consumer goods are classified as EAR99.
Note to mixtures: Calculation of concentrations.
a. Exclusion. No chemical may be added to the mixture (solution)
for the sole purpose of circumventing the Export Administration
Regulations;
b. Absolute Weight Calculation. When calculating the percentage,
by weight, of components in a chemical mixture, include all
components of the mixture, including those that act as solvents;
c. Example.
11% chemical listed in 1C355.a
39% chemical not listed in 1C355.a
50% Solvent
100% Mixture
11/100 = 11% chemical listed in 1C355.a
In this example, the mixture is controlled under this entry because a
chemical listed in 1C355.a. constitutes more than 10 percent of the
weight of the mixture.
5. Compounds. Compounds created with any chemicals identified in
this ECCN 1C355 may be shipped NLR, unless those compounds are also
identified in this entry.
Technical Notes: For purposes of this entry, a ``mixture'' is
defined as a solid, liquid or gaseous product made up of two or more
components that do not react together under normal storage
conditions.
License Exceptions
LVS: N/A.
GBS: N/A.
CIV: N/A.
List of Items Controlled
Unit: Liters or kilograms, as appropriate.
Related Controls: See also ECCNs 1C350 and 1C351. See Secs. 742.18
and 745.2 of the EAR for End-Use Certification requirements. See 22 CFR
part 121, Category XIV and Sec. 121.7 for chloropicrin
(trichloronitromethane)(76-06-2) (Schedule 3). Mixtures containing
chloropicrin (trichloronitromethane) that have been transferred to the
Department of Commerce from the Department of State through a commodity
jurisdiction determination are controlled under this entry unless
exempt by paragraph 4.b. of Licensing Requirements Notes.
Related Definitions: N/A.
Items:
a. CWC Schedule 2 chemicals:
a.1. Toxic chemicals:
a.1.a. PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene
(382-21-8);]
a.1.b. [Reserved]
a.2. Precursors:
a.2.a. FAMILY: Chemicals except for those listed in Schedule 1,
containing a phosphorus atom to which is bonded one methyl, ethyl, or
propyl (normal or iso) group with no additional carbon atoms in the
structure;
Note: 1C355.a.2.a does not control Fonofos: O-Ethyl S-phenyl
ethylphosphonothiolothionate (944-22-9).
a.2.b. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic
dihalides;
a.2.c. FAMILY: Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et,
n-Pr, or i-Pr)-phosphoramidates;
a.2.d. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-
clorides and corresponding protonated salts;
a.2.e. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols
and corresponding protonated salts;
Note: 1C355.a.2.e. does not control N,N-Dimethylaminoethanol and
corresponding protonated salts (108-01-0) or N,N-Diethylaminoethanol
and corresponding protonated salts (100-37-8).
a.2.f. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-
thiols and corresponding protonated salts;
b. CWC Schedule 3 chemicals:
b.1. Toxic chemicals:
b.1.a. Phosgene: Carbonyl dichloride (75-44-5);
b.1.b. Cyanogen chloride (506-77-4);
b.1.c. Hydrogen cyanide (74-90-8).
b.2. Precursors:
b.2.a. Ethyldiethanolamine (139-87-7);
b.2.b. Methyldiethanolamine (105-59-9).
b.3. Mixtures containing chloropicrin (trichloronitromethane)(76-06-2)
transferred from the Department of State (see Related Controls).
[[Page 27150]]
27. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1, is amended by revising the heading of ECCN 1E001 to read as
follows:
1E001 ``Technology'' according to the General Technology Note for the
``development'' or ``production'' of items controlled by 1A001.b.,
1A001.c., 1A002, 1A003, 1A005, 1A102, 1B or 1C (except 1C355, 1C980,
1C981, 1C982, 1C983, 1C984, 1C988, 1C991, 1C992, 1C993, 1C994 and
1C995).
* * * * *
28. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1 is amended by adding new ECCN 1E355 to read as follows:
1E355 Technology for the production of Chemical Weapons Convention
(CWC) Schedule 2 and 3 chemicals, as follows (see List of Items
Controlled):
License Requirements
Reason for Control: CW, AT.
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
SW applies to entire entry. A license is required for CW reasons to CWC
non-States Parties (destinations not listed in Supplement No. 2 to part
745), except for Israel and Taiwan. See Sec. 472.18 of the EAR. The
Commerce Country Chart is not designed to determine licensing
requirements for items controlled for SW reasons.
AT applies to the entire entry......... AT Column 1
------------------------------------------------------------------------
License Exceptions
TSR: N/A.
CIV: N/A.
List of Items Controlled
Unit: N/A.
Related Controls: N/A.
Related Definitions: N/A.
Items:
a. Technology for the production of the following CWC Schedule 2
toxic chemicals:
a.1. PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene (382-21-
8);
a.2. [Reserved]
b. Technology for the production of the following CWC Schedule 3
toxic chemicals CWC:
b.1. Phosgene: Carbonyl dichloride (75-44-5);
b.2. Cyanogen chloride (506-77-4);
b.3. Hydrogen cyanide (74-90-8).
Dated: May 11, 1999.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 99-12281 Filed 5-17-99; 8:45 am]
BILLING CODE 3510-33-P
