PART 710—GENERAL INFORMATION AND OVERVIEW OF THE CHEMICAL WEAPONS CONVENTION REGULATIONS (CWCR) Authority: 22 U.S.C. 6701 et seq.; Source: 71 FR 24929, Apr. 27, 2006, unless otherwise noted. § 710.1 Definitions of terms used in the Chemical Weapons Convention Regulations (CWCR). The following are definitions of terms used in the CWCR (parts 710 through 729 of this subchapter, unless otherwise noted): Act (The). et seq. Advance Notification. Bureau of Industry and Security (BIS). By-product. Chemical Weapon. (1) Toxic chemicals and their precursors, except where intended for purposes not prohibited under the Chemical Weapons Convention (CWC), provided that the type and quantity are consistent with such purposes; (2) Munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in paragraph (1) of this definition, which would be released as a result of the employment of such munitions and devices; (3) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in paragraph (2) of this definition. Chemical Weapons Convention (CWC or Convention). Chemical Weapons Convention Regulations (CWCR). Consumption. Declaration or report form. Declared facility or plant site. Discrete organic chemical. Domestic transfer. EAR. Explosive. Facility. Facility Agreement. Host Team. Host Team Leader. Hydrocarbon. Impurity. Inspection Notification. Inspection Site. Inspection Team. Intermediate. ITAR. Organization for the Prohibition of Chemical Weapons (OPCW). Person. Plant. (1) Small administrative area; (2) Storage/handling areas for feedstock and products; (3) Effluent/waste handling/treatment area; (4) Control/analytical laboratory; (5) First aid service/related medical section; and (6) Records associated with the movement into, around, and from the site, of declared chemicals and their feedstock or product chemicals formed from them, as appropriate. Plant site. (1) Administration and other offices; (2) Repair and maintenance shops; (3) Medical center; (4) Utilities; (5) Central analytical laboratory; (6) Research and development laboratories; (7) Central effluent and waste treatment area; and (8) Warehouse storage. Precursor. Processing. Production. (1) Production of Schedule 1 chemicals means formation through chemical synthesis as well as processing to extract and isolate Schedule 1 chemicals. (2) Production of a Schedule 2 or Schedule 3 chemical means all steps in the production of a chemical in any units within the same plant through chemical reaction, including any associated processes (e.g., purification, separation, extraction, distillation, or refining) in which the chemical is not converted into another chemical. The exact nature of any associated process (e.g., purification, etc.) is not required to be declared. (3) Production of a Schedule 1, Schedule 2 or Schedule 3 chemical is understood, for declaration purposes, to include intermediates, by-products, or waste products that are produced and consumed within a defined chemical manufacturing sequence, where such intermediates, by-products, or waste products are chemically stable and therefore exist for a sufficient time to make isolation from the manufacturing stream possible, but where, under normal or design operating conditions, isolation does not occur. Production by synthesis. Protective purposes in relation to Schedule 1 chemicals. Purposes not prohibited by the CWC. (1) Any peaceful purpose related to an industrial, agricultural, research, medical or pharmaceutical activity or other activity; (2) Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons; (3) Any military purpose of the United States that is not connected with the use of a chemical weapon and that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm; or (4) Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment. Report. Schedules of Chemicals. State Party. Storage. Technical Secretariat. Toxic Chemical. Trading company. Transfer. Transient intermediate. Undeclared facility or plant site. Unit. United States. United States National Authority (USNA). Unscheduled chemical. Unscheduled Discrete Organic Chemical (UDOC). You. [71 FR 24929, Apr. 27, 2006, as amended at 73 FR 78182, Dec. 22, 2008; 86 FR 940, Jan. 7, 2021] § 710.2 Scope of the CWCR. The Chemical Weapons Convention Regulations (parts 710 through 729 of this subchapter), or CWCR, implement certain obligations of the United States under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, known as the CWC or Convention. (a) Persons and facilities subject to the CWCR. (i) Department of Defense facilities; (ii) Department of Energy facilities; and (iii) Facilities of other U.S. Government agencies that notify the USNA of their decision to be excluded from the CWCR. (2) For purposes of the CWCR, “United States Government facilities” are those facilities owned and operated by a U.S. Government agency (including those operated by contractors to the agency), and those facilities leased to and operated by a U.S. Government agency (including those operated by contractors to the agency). “United States Government facilities” do not include facilities owned by a U.S. Government agency and leased to a private company or other entity such that the private company or entity may independently decide for what purposes to use the facilities. (b) Activities subject to the CWCR. § 710.3 Purposes of the Convention and CWCR. (a) Purposes of the Convention. (i) Develop, produce, otherwise acquire, stockpile, or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone; (ii) Use chemical weapons; (iii) Engage in any military preparations to use chemical weapons; or (iv) Assist, encourage or induce, in any way, anyone to engage in any activity prohibited by the Convention. (2) One objective of the Convention is to assure States Parties that lawful activities of chemical producers and users are not converted to unlawful activities related to chemical weapons. To achieve this objective and to give States Parties a mechanism to verify compliance, the Convention requires the United States and all other States Parties to submit declarations concerning chemical production, consumption, processing and other activities, and to permit international inspections within their borders. (b) Purposes of the Chemical Weapons Convention Regulations. § 710.4 Overview of scheduled chemicals and examples of affected industries. The following provides examples of the types of industries that may be affected by the CWCR (parts 710 through 729 of this subchapter). These examples are not exhaustive, and you should refer to parts 712 through 715 of the CWCR to determine your obligations. (a) Schedule 1 chemicals are listed in supplement no. 1 to part 712 of the CWCR. Schedule 1 chemicals have little or no use in industrial and agricultural industries, but may have limited use for research, pharmaceutical, medical, public health, or protective purposes. (b) Schedule 2 chemicals are listed in supplement no. 1 to part 713 of the CWCR. Although Schedule 2 chemicals may be useful in the production of chemical weapons, they also have legitimate uses in areas such as: (1) Flame retardant additives and research; (2) Dye and photographic industries (e.g., printing ink, ball point pen fluids, copy mediums, paints, etc.); (3) Medical and pharmaceutical preparation (e.g., anticholinergics, arsenicals, tranquilizer preparations); (4) Metal plating preparations; (5) Epoxy resins; and (6) Insecticides, herbicides, fungicides, defoliants, and rodenticides. (c) Schedule 3 chemicals are listed in supplement no. 1 to part 714 of the CWCR. Although Schedule 3 chemicals may be useful in the production of chemical weapons, they also have legitimate uses in areas such as: (1) The production of: (i) Resins; (ii) Plastics; (iii) Pharmaceuticals; (iv) Pesticides; (v) Batteries; (vi) Cyanic acid; (vii) Toiletries, including perfumes and scents; (viii) Organic phosphate esters (e.g., hydraulic fluids, flame retardants, surfactants, and sequestering agents); and (2) Leather tannery and finishing supplies. (d) Unscheduled discrete organic chemicals are used in a wide variety of commercial industries, and include acetone, benzoyl peroxide and propylene glycol. § 710.5 Authority. The CWCR (parts 710 through 729 of this subchapter) implement certain provisions of the Chemical Weapons Convention under the authority of the Chemical Weapons Convention Implementation Act of 1998 (Act), the National Emergencies Act, the International Emergency Economic Powers Act (IEEPA), as amended, and the Export Administration Act of 1979, as amended, by extending verification and trade restriction requirements under Article VI and related parts of the Verification Annex of the Convention to U.S. persons. In Executive Order 13128 of June 25, 1999, the President delegated authority to the Department of Commerce to promulgate regulations to implement the Act, and consistent with the Act, to carry out appropriate functions not otherwise assigned in the Act but necessary to implement certain reporting, monitoring and inspection requirements of the Convention and the Act. § 710.6 Relationship between the Chemical Weapons Convention Regulations and the Export Administration Regulations, the International Traffic in Arms Regulations, and the Alcohol, Tobacco, Firearms and Explosives Regulations. Certain obligations of the U.S. Government under the CWC pertain to exports and imports. The obligations on exports are implemented in the Export Administration Regulations (EAR) (15 CFR parts 730 through 774) and the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 through 130). See in particular §§ 742.2 and 742.18 and part 745 of the EAR, and Export Control Classification Numbers 1C350, 1C351, 1C355 and 1C395 of the Commerce Control List (supplement no. 1 to part 774 of the EAR). The obligations on imports are implemented in the Chemical Weapons Convention Regulations (§§ 712.2 and 713.1) and the Alcohol, Tobacco, Firearms and Explosives Regulations in 27 CFR part 447. [71 FR 24929, Apr. 27, 2006, as amended at 73 FR 78182, Dec. 22, 2008] Supplement No. 1 to Part 710—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 June 1, 2016 Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia-Herzegovina Botswana Brazil Brunei Darussalam* Bulgaria Burkina Faso Burma Burundi Cambodia Cameroon Canada Cape Verde Central African Republic Chad Chile China*** Colombia Comoros Congo, (Democratic Republic of the) Congo (Republic of the) Cook Islands** Costa Rica Cote d'Ivoire (Ivory Coast) Croatia Cuba Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Holy See* Honduras Hungary Iceland India Indonesia Iran (Islamic Republic of) Iraq Ireland Italy Jamaica Japan Jordan Kazakhstan Kenya Kiribati Korea (Republic of) Kuwait Kyrgyzstan Laos (P.D.R.)* Latvia Lebanon Lesotho Liberia Libya Liechtenstein Lithuania Luxembourg Macedonia (The Former Yugoslav Republic of) Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mauritius Mexico Micronesia (Federated States of) Moldova (Republic of)* Monaco Mongolia Montenegro Morocco Mozambique Namibia Nauru Nepal Netherlands*** New Zealand Nicaragua Niger Nigeria Niue** Norway Oman Pakistan Palau Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Qatar Romania Russian Federation Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Slovak Republic* Slovenia Solomon Islands Somalia South Africa Spain Sri Lanka Sudan Suriname Swaziland Sweden Switzerland Syria Tajikistan Tanzania, United Republic of Thailand Timor Leste (East Timor) Togo Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Tuvalu Uganda Ukraine United Arab Emirates United Kingdom United States Uruguay Uzbekistan Vanuatu Venezuela Vietnam Yemen Zambia Zimbabwe * For export control purposes, these destinations are identified using a different nomenclature under the Commerce Country Chart in supplement no. 1 to part 738 of the Export Administration Regulations (EAR) (15 CFR parts 730 through 774). ** For export control purposes, Cook Islands and Niue are not identified on the Commerce Country Chart in supplement no. 1 to part 738 of the EAR and are treated the same as New Zealand, in accordance with § 738.3(b) of the EAR. *** For CWC States Parties purposes, a territory, possession, or department of any country that is listed in this Supplement as a State Party to the CWC, is treated the same as the country of which it is a territory, possession, or department (e.g., China includes Hong Kong and Macau; the Netherlands includes Aruba and the Netherlands Antilles). [71 FR 24929, Apr. 27, 2006, as amended at 72 FR 14408, Mar. 28, 2007; 73 FR 78182, Dec. 22, 2008; 79 FR 16666, Mar. 26, 2014; 81 FR 36462, June 7, 2016] Supplement No. 2 to Part 710—Definitions of Production Schedule 1 chemicals Schedule 2 and Schedule 3 chemicals Unscheduled discrete organic chemicals (UDOCs) Produced by a biochemical or biologically mediated reaction Produced by synthesis* Formation through chemical synthesis. All production steps in any units within the same plant which includes associated processes—purification, separation, extraction distillation or refining.** * Intermediates used in a single or multi-step process to produce another declared UDOC are not declarable. ** Intermediates are subject to declaration, except “transient intermediates,” which are those chemicals in a transition state in terms of thermodynamics and kinetics, that exist only for a very short period of time, and cannot be isolated, even by modifying or dismantling the plant, or by altering process operating conditions, or by stopping the process altogether are not subject to declaration.