Chemical Weapons Convention Regulations - Part 715 - Activities Involving Unscheduled Discrete Organic Chemicals

Billing Code: 3510-33-P

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

PART 715 - ACTIVITIES INVOLVING UNSCHEDULED DISCRETE ORGANIC CHEMICALS (UDOCs)

Sec.
715.1	Initial and annual declaration requirements for production by synthesis of unscheduled discrete organic chemicals (UDOCs).
715.2	Frequency and timing of declarations.
715.3	Amended declaration.
	SUPPLEMENT NO. 1 TO PART 715 - DEFINITION OF AN UNSCHEDULED DISCRETE ORGANIC CHEMICAL.
	SUPPLEMENT NO. 2 TO PART 715 - EXAMPLES OF UNSCHEDULED DISCRETE ORGANIC CHEMICALS (UDOCs) AND UDOC PRODUCTION.

Authority: 22 U.S.C. 6701 et seq.; E.O. 13128, 64 FR 36703.

§715.1 Initial and annual declaration requirements for production by synthesis of unscheduled discrete organic chemicals (UDOCs).

(a) Declaration of production by synthesis of UDOCs for purposes not prohibited by the CWC.

(1)Production quantities that trigger the declaration requirement. See §711.6 of this subchapter for information on obtaining the forms you will need to declare production of unscheduled discrete organic chemicals. You must complete the forms specified in paragraph (b) of this section if your plant site produced by synthesis:

(i) In excess of 200 metric tons aggregate of all UDOCs (including all UDOCs containing the elements phosphorus, sulfur or fluorine, referred to as "PSF-chemicals") in calendar year 1996 (for the initial declaration) or the previous calendar year beginning with 1997 (for an annual declaration); or

(ii) In excess of 30 metric tons of an individual PSF-chemical at one or more plants in calendar year 1996 (for the initial declaration) or in the previous calendar year beginning with 1997 (for an annual declaration).

(2) UDOCs subject to declaration requirements under this part.

(i) UDOCs subject to declaration requirements under this part are those produced by synthesis that have been isolated for:

(A) Use; or

(B) Sale as a specific end product.

(ii) Exemptions.

(A) Polymers and oligomers consisting of two or more repeating units which are formed by the chemical reaction of monomeric or polymeric substances;

(B) Chemicals and chemical mixtures produced through a biological or biomediated process;

(D) Metal carbides (i.e., chemicals consisting only of metal and carbon);

and

(E) UDOCs produced by synthesis that are ingredients or by-products in foods designed for consumption by humans and/or animals.

Note to paragraph (a)(2): See Supplement No. 2 to this part for examples of UDOCs subject to the declaration requirements of this part, and for examples of activities that are not considered production by synthesis.

(3) Exemptions for UDOC plant sites. UDOC plant sites that exclusively produced hydrocarbons or explosives are exempt from UDOC declaration requirements. For the purposes of this part, the following definitions apply for hydrocarbons and explosives:

(i) Hydrocarbon means any organic compound that contains only carbon and hydrogen; and

(ii) Explosive means a chemical (or a mixture of chemicals) that is included in Class 1 of the United Nations Organization hazard classification system.

(b) Types of declaration forms to be used.

(1) Initial declaration. You must complete the Certification Form and Form UDOC (consisting of two pages). Attach Form A as appropriate; Form B is optional.

(2) Annual declaration on past activities. You must complete the Certification Form and Form UDOC (consisting of two pages). Attach Form A as appropriate; Form B is optional.

(c) "Declared" UDOC plant sites. A plant site that produced by synthesis in excess of 200 metric tons aggregate of all UDOCs (including all PSF-chemicals), or that comprises at least one plant that produced by synthesis in excess of 30 metric tons of an individual PSF-chemical during the previous year, is a "declared" UDOC plant site. A plant site that submitted an initial declaration for 1996 and/or annual declaration on past activities for 1997 or 1998 is a "declared" UDOC plant site for the years declared.

(d) Routine inspections of declared UDOC plant sites. A "declared" UDOC plant site is subject to routine inspection by the Organization for the Prohibition of Chemical Weapons (see part 716 of this subchapter) if it produced by synthesis during the previous calendar year more than 200 metric tons aggregate of UDOCs. A plant site that submitted an initial declaration for 1996 and/or annual declaration on past activities for 1997 or 1998, and exceeded the inspection threshold, is also subject to a routine inspection.

§715.2 Frequency and timing of declarations.

Declarations required under this part must be postmarked by the appropriate dates identified in Table 1 of this section. Required declarations include:: (a) Initial declaration (production during calendar year 1996).; (b) Annual declaration on past activities (production during the previous calendar year, beginning with 1997).

Table 1 to §715.2

DEADLINES FOR SUBMISSION OF DECLARATIONS FOR
UNSCHEDULED DISCRETE ORGANIC CHEMICAL (UDOC) FACILITIES

DECLARATIONS	APPLICABLE FORMS	DUE DATES
Initial Declaration (calendar year 1996) Declared plant site	Certification, UDOC, A (as appropriate), B (optional)	March 30, 1999
Annual Declaration on Past Activities (previous calendar year, starting with 1997 ) Declared plant site	Certification, UDOC, A (as appropriate), B (optional)	For 1997, 1998, and 1999, March 30, 1999 Thereafter, February 28

§715.3 Amended declaration.

(a) Amended declarations are required to correct certain inaccuracies in a previously submitted declaration. These amended declarations are necessary to change a production range above the amount originally declared, or the production of a PSF-chemical above 30 metric tons by a plant not previously counted as a PSF-plant.

(b) Changes that do not directly affect the purpose of the Convention, such as changes to a company name, address, point of contact, or non-substantive typographical errors, do not require submission of an amended declaration and may be corrected in subsequent declarations.

(c) If you are required to submit an amended declaration pursuant to paragraph (a) 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 amends the previously submitted information.

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