PART 712—ACTIVITIES INVOLVING SCHEDULE 1 CHEMICALS Authority: 22 U.S.C. 6701 et seq.; et seq.; et seq.; Source: 71 FR 24929, Apr. 27, 2006, unless otherwise noted. § 712.1 Round to zero rule that applies to activities involving Schedule 1 chemicals. Facilities that produce, export or import mixtures containing less than 0.5% aggregate quantities of Schedule 1 chemicals (see supplement no. 1 to this part) as unavoidable by-products or impurities may round to zero and are not subject to the provisions of this part 712. Schedule 1 content may be calculated by volume or weight, whichever yields the lesser percent. Note that such mixtures may be subject to the regulatory requirements of other federal agencies. § 712.2 Restrictions on activities involving Schedule 1 chemicals. (a) You may not produce Schedule 1 chemicals for protective purposes. (b) You may not import any Schedule 1 chemical unless: (1) The import is from a State Party; (2) The import is for research, medical, pharmaceutical, or protective purposes; (3) The import is in types and quantities strictly limited to those that can be justified for such purposes; and (4) You have notified BIS at least 45 calendar days prior to the import, pursuant to § 712.6 of the CWCR. Note 1 to § 712.2( b Pursuant to § 712.6, advance notifications of import of saxitoxin of 5 milligrams or less for medical/diagnostic purposes must be submitted to BIS at least 3 days prior to import. Note 2 to § 712.2( b For specific provisions relating to the prior advance notification of exports of all Schedule 1 chemicals, see § 745.1 of the Export Administration Regulations (EAR) (15 CFR parts 730 through 774). For specific provisions relating to license requirements for exports of Schedule 1 chemicals, see § 742.2 and § 742.18 of the EAR for Schedule 1 chemicals subject to the jurisdiction of the Department of Commerce and see the International Traffic in Arms Regulations (22 CFR parts 120 through 130) for Schedule 1 chemicals subject to the jurisdiction of the Department of State. (c)(1) The provisions of paragraphs (a) and (b) of this section do not apply to the retention, ownership, possession, transfer, or receipt of a Schedule 1 chemical by a department, agency, or other entity of the United States, or by a person described in paragraph (c)(2) of this section, pending destruction of the Schedule 1 chemical; (2) A person referred to in paragraph (c)(1) of this section is: (i) Any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess transfer, or receive the Schedule 1 chemical; or (ii) In an emergency situation, any otherwise non-culpable person if the person is attempting to seize or destroy the Schedule 1 chemical. [71 FR 24929, Apr. 27, 2006, as amended at 73 FR 78183, Dec. 22, 2008] § 712.3 Initial declaration requirements for declared facilities which are engaged in the production of Schedule 1 chemicals for purposes not prohibited by the CWC. Initial declarations submitted in February 2000 remain valid until amended or rescinded. If you plan to change/amend the technical description of your facility submitted with your initial declaration, you must submit an amended initial declaration to BIS 200 calendar days prior to implementing the change (see § 712.5(b)(1)(ii) of the CWCR). § 712.4 New Schedule 1 production facility. (a) Establishment of a new Schedule 1 production facility. (2) New Schedule 1 production facilities that submit an initial declaration pursuant to paragraph (a)(1) of this section are considered approved Schedule 1 production facilities for purposes of the CWC, unless otherwise notified by BIS within 30 days of receipt by BIS of that initial declaration. (b) Types of declaration forms required. (c) Two hundred days after a new Schedule 1 production facility submits its initial declaration, it is subject to the declaration requirements in § 712.5(a)(1) and (a)(2) and § 712.5(b)(1)(ii) of the CWCR. § 712.5 Annual declaration requirements for facilities engaged in the production of Schedule 1 chemicals for purposes not prohibited by the CWC. (a) Declaration requirements Annual declaration on past activities. (2) Annual declaration on anticipated activities. (b) Declaration forms to be used Initial declaration. (ii) If you plan to change the technical description of your facility from your initial declaration completed and submitted pursuant to § 712.3 or § 712.4 of the CWCR, you must submit an amended initial declaration to BIS 200 calendar days prior to the change. Such amendments to your initial declaration must be made by completing a Certification Form, Form 1-1 and Form A, including the new description of the facility. See § 712.7 of the CWCR for additional instructions on amending Schedule 1 declarations. (2) Annual declaration on past activities. (3) Annual declaration on anticipated activities. (c) Quantities to be declared. (d) For the purpose of determining if a Schedule 1 chemical is subject to declaration, you must declare a Schedule 1 chemical that is an intermediate, but not a transient intermediate. (e) “Declared” Schedule 1 facilities and routine inspections. (f) Approval of declared Schedule 1 production facilities. (g) Withdrawal of Schedule 1 initial declarations. § 712.6 Advance notification and annual report of all exports and imports of Schedule 1 chemicals to, or from, other States Parties. Pursuant to the Convention, the United States is required to notify the OPCW not less than 30 days in advance of every export or import of a Schedule 1 chemical, in any quantity, to or from another State Party. In addition, the United States is required to provide a report of all exports and imports of Schedule 1 chemicals to or from other States Parties during each calendar year. If you plan to export or import any quantity of a Schedule 1 chemical from or to your declared facility, undeclared facility or trading company, you must notify BIS in advance of the export or import and complete an annual report of exports and imports that actually occurred during the previous calendar year. The United States will transmit to the OPCW the advance notifications and a detailed annual declaration of each actual export or import of a Schedule 1 chemical from/to the United States. Note that the advance notification and annual report requirements of this section do not relieve you of any requirement to obtain a license for export of Schedule 1 chemicals subject to the EAR or ITAR or a license for import of Schedule 1 chemicals from the Department of Justice under the Alcohol, Tobacco, Firearms and Explosives Regulations in 27 CFR part 447. Only “declared” facilities, as defined in § 712.5(e) of the CWCR, are subject to initial and routine inspections pursuant to part 716 of the CWCR. (a) Advance notification of exports and imports. (1) Advance notifications 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 facsimile numbers, along with the following information: (i) 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 or import; (vi) Purpose (end-use) of export or import (i.e., research, medical, pharmaceutical, or protective purposes); (vii) Name(s) of exporter and importer; (viii) Complete street address(es) of exporter and importer; (ix) U.S. export license or control number, if known; and (x) Company identification number, once assigned by BIS. (2) Send the advance notification either by fax to (202) 482-1731 or by mail or courier delivery to the following address: Treaty Compliance Division, Bureau of Industry and Security, U.S. Department of Commerce, Room 4515, 14th Street and Pennsylvania Avenue, NW., Washington, DC 20230, and mark it “Attn: Advance Notification of Schedule 1 Chemical [Export] [Import].” (3) Upon receipt of the advance notification, BIS will inform the exporter or importer of the earliest date after which the shipment may occur under the advance notification procedure. To export a Schedule 1 chemical subject to an export license requirement either under the EAR or the ITAR, the exporter must have applied for and been granted a license (see §§ 742.2 and 742.18 of the EAR, or the ITAR at 22 CFR parts 120 through 130). (b) Annual report requirements for exports and imports of Schedule 1 chemicals. (1) Annual report on exports and imports. (2) Report forms to submit Declared Schedule 1 facilities. ( 1 Combined declaration and report. (2) Report. (B) If your facility declared production of a Schedule 1 chemical and exported or imported any amount of a different Schedule 1 chemical, you must report the export or import by submitting either: ( 1 Combined declaration and report. ( 2 Report. (ii) If you are an undeclared facility, trading company, or any other person subject to the CWCR, and you exported or imported any amount of a Schedule 1 chemical, you must report the export or import by submitting a Certification Form, Form 1-1, and a Form 1-3 for each Schedule 1 chemical to be reported. Attach Form A, as appropriate; Form B is optional. (c) Paragraph (a) of this section does not apply to the activities and persons set forth in § 712.2(b) of the CWCR. [71 FR 24929, Apr. 27, 2006, as amended at 73 FR 78183, Dec. 22, 2008] § 712.7 Amended declaration or report. In order for BIS to maintain accurate information on previously submitted facility declarations, including information necessary to facilitate inspection notifications and activities or to communicate declaration or report requirements, amended declarations or reports will be required under the following circumstances described in this section. This section applies only to annual declarations on past activities and annual reports on exports and imports submitted for the previous calendar year or annual declarations on anticipated activities covering the current calendar year, unless specified otherwise in a final inspection report. (a) Changes to information that directly affect inspection of a declared facility's Annual Declaration of Past Activities (ADPA) or Annual Declaration on Anticipated Activities (ADAA). (1) Types of Schedule 1 chemicals produced (e.g., additional Schedule 1 chemicals); (2) Quantities of Schedule 1 chemicals produced; (3) Activities involving Schedule 1 chemicals; and (4) End-use of Schedule 1 chemicals (e.g., additional end-use(s)). (b) Changes to export or import information submitted in Annual Reports on Exports and Imports from undeclared facilities, trading companies and U.S. persons. (1) Types of Schedule 1 chemicals exported or imported (e.g., additional Schedule 1 chemicals); (2) Quantities of Schedule 1 chemicals exported or imported; (3) Destination(s) of Schedule 1 chemicals exported; (4) Source(s) of Schedule 1 chemicals imported; (5) Activities involving exports and imports of Schedule 1 chemicals; and (6) End-use(s) of Schedule 1 chemicals exported or imported (e.g., additional end-use(s)). (c) Changes to company and facility information previously submitted to BIS in the ADPA, the ADAA, and the Annual Report on Exports and Imports Internal company changes. (i) Name of declaration/report point of contact (D-POC), including telephone number, facsimile number, and e-mail address; (ii) Name(s) of inspection point(s) of contact (I-POC), including telephone number(s), and facsimile number(s); (iii) Company name (see § 712.7(c)(2) of the CWCR for other company changes); (iv) Company mailing address; (v) Facility name; (vi) Facility owner, including telephone number, and facsimile number; and (vii) Facility operator, including telephone number, and facsimile number. (2) Change in ownership of company or facility. (i) Information that must be submitted to BIS by the company selling a declared facility: (A) Name of seller ( i.e. (B) Name of the declared facility and U.S. Code Number for that facility; (C) Name of purchaser ( i.e. (D) Date of ownership transfer or change; (E) Additional details on sale of the declared facility relevant to ownership or operational control over any portion of that facility (e.g., whether the entire facility or only a portion of the declared facility has been sold to a new owner); and (F) Details regarding whether the new owner will submit the next declaration or report for the entire calendar year during which the ownership change occurred, or whether the previous owner and new owner will submit separate declarations or reports for the periods of the calendar year during which each owned the facility or trading company. ( 1 ( 2 ( 3 ( 4 (ii) Information that must be submitted to BIS by the company purchasing a declared facility: (A) Name of purchaser ( i.e. (B) Mailing address of purchaser; (C) Name of declaration point of contact (D-POC) for the purchaser, including telephone number, facsimile number, and e-mail address; (D) Name of inspection points of contact (I-POC) for the purchaser, including telephone number(s), facsimile number(s) and e-mail address(es); (E) Name of the declared facility and U.S. Code Number for that facility; (F) Location of the declared facility; (G) Owner and operator of the declared facility, including telephone number, and facsimile number; and (H) Details on the next declaration or report submission on whether the new owner will submit the declaration or report for the entire calendar year during which the ownership change occurred, or whether the previous owner and new owner will submit separate declarations or reports for the periods of the calendar year during which each owned the facility or trading company. ( 1 ( 2 ( 3 ( 4 Note 1 to § 712.7( c You must submit an amendment to your most recently submitted declaration or report for declaring changes to internal company information (e.g., company name change) or changes in ownership of a facility or trading company that have occurred since the submission of this declaration or report. BIS will process the amendment to ensure current information is on file regarding the facility or trading company (e.g., for inspection notifications and correspondence) and will also forward the amended declaration to the OPCW to ensure that they also have current information on file regarding your facility or trading company. Note 2 to § 712.7( c You may notify BIS of change in ownership via a letter to the address given in § 711.6 of the CWCR. If you are submitting an amended declaration or report, use Form B to address details regarding the sale of the declared facility or trading company. Note 3 to § 712.7( c For ownership changes, the declared facility or trading company will maintain its original U.S. Code Number, unless the facility or trading company is sold to multiple owners, at which time BIS will assign new U.S. Code Numbers for the new facilities. (d) Inspection-related amendments. (e) Non-substantive changes. (f) Documentation required for amended declarations or reports. (1) A letter containing all of the corrected information required, in accordance with the provisions of this section, to amend your declaration or report; or (2) Both of the following: (i) A new Certification Form ( i.e. (ii) The specific forms (e.g., annual declaration on past activities) containing the corrected information required, in accordance with the provisions of this part 712, to amend your declaration or report. § 712.8 Declarations and reports returned without action by BIS. If you submit a declaration or report and BIS determines that the information contained therein is not required by the CWCR, BIS will return the original declaration or report to you, without action, accompanied by a letter explaining BIS's decision. In order to protect your confidential business information, BIS will not maintain a copy of any declaration or report that is returned without action (RWA). However, BIS will maintain a copy of the RWA letter. § 712.9 Deadlines for submission of Schedule 1 declarations, reports, advance notifications, and amendments. Declarations, reports, advance notifications, and amendments required under this part must be postmarked by the appropriate date identified in supplement no. 2 to this part 712. Required declarations, reports, advance notifications, and amendments include: (a) Annual declaration on past activities (Schedule 1 chemical production during the previous calendar year); (b) Annual report on exports and imports of Schedule 1 chemicals from facilities, trading companies, and other persons (during the previous calendar year); (c) Combined declaration and report (production of Schedule 1 chemicals, as well as exports or imports of the same or different Schedule 1 chemicals, by a declared facility during the previous calendar year); (d) Annual declaration on anticipated activities (anticipated production of Schedule 1 chemicals in the next calendar year); (e) Advance notification of any export to or import from another State Party; (f) Initial declaration of a new Schedule 1 chemical production facility; and (g) Amended declaration or report, including combined declaration and report. Supplement No. 1 to Part 712—Schedule 1 Chemicals CAS A. Toxic Chemicals: 1. Family: 10 Not limited to the following examples: Sarin: 107-44-8 Soman: 96-64-0 2. Family: 10 Not limited to the following example: Tabun: 77-81-6 3. Family: 10 Not limited to the following example: VX: 50782-69-9 4. Sulfur mustards: 2-Chloroethylchloromethylsulfide 2625-76-5 Mustard gas: 505-60-2 Bis(2-chloroethylthio)methane 63869-13-6 Sesquimustard: 3563-36-8 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: 63918-89-8 5. Lewisites: Lewisite 1: 541-25-3 Lewisite 2: 40334-69-8 Lewisite 3: 40334-70-1 6. Nitrogen mustards: HN1: 538-07-8 HN2: 51-75-2 HN3: 555-77-1 7. Saxitoxin 35523-89-8 8. Ricin 9009-86-3 13. Family: 10 10 10 Not limited to the following examples: N-(1-(di-n-decylamino)-n-decylidene)-P-decylphosphonamidic fluoride 2387495-99-8 Methyl-(1-(diethylamino)ethylidene)phosphonamidofluoridate 2387496-12-8 14. Family: 10 10 10 Not limited to the following examples: O-n-Decyl N-(1-(di-n-decylamino)-n decylidene)phosphoramidofluoridate 2387496-00-4 Methyl (1-(diethylamino)ethylidene)phosphoramidofluoridate 2387496-04-8 Ethyl (1-(diethylamino)ethylidene)phosphoramidofluoridate 2387496-06-0 15. Methyl-(bis(diethylamino)methylene)phosphonamidofluoridate 2387496-14-0 16. Carbamates (quaternaries and bisquaternaries of dimethylcarbamoyloxypyridines) 16.1. Family: 10 10 10 Not limited to the following example: 1-[N,N-dimethyl-N-(2-hydroxy)ethylammonio]-10-[N-(3-dimethylcarbamoxy-α-picolinyl)-N,N-dimethylammonio]decane dibromide 77104-62-2 16.2. Family: 10 Not limited to the following example: 1,10-Bis[N-(3-dimethylcarbamoxy-α-picolyl)-N-ethyl-N- methylammonio]decane-2,9-dione dibromide 77104-00-8 B. Precursors: 9. Family: Not limited to the following example: DF: 676-99-3 10. Family: 10 Not limited to the following example: QL: 57856-11-8 11. Chlorosarin: O-Isopropyl methylphosphonochloridate 1445-76-7 12. Chlorosoman: O-Pinacolyl methylphosphonochloridate 7040-57-5 Notes to Supplement No. 1 Note 1: Note 2: Note 3: [71 FR 24929, Apr. 27, 2006, as amended at 86 FR 941, Jan. 7, 2021] Supplement No. 2 to Part 712—Deadlines for Submission of Schedule 1 Declarations, Advance Notifications, Reports, and Amendments Declarations, advance notifications and reports Applicable forms Due dates Annual Declaration on Past Activities (previous calendar year)—Declared facility (past production) Certification, 1-1, 1-2,1-2A,1-2B, A (as appropriate), B (optional) February 28th of the year following any calendar year in which more than 100 grams aggregate of Schedule 1 chemicals were produced, Annual report on exports and imports (previous calendar year) (facility, trading company, other persons) Certification, 1-1,1-3, A (as appropriate), B (optional) February 28th of the year following any calendar year in which Schedule 1 chemicals were exported or imported. Combined Declaration and Report Certification, 1-1, 1-2, 1-2A, 1-2B, 1-3, A (as appropriate), B (optional) February 28th of the year following any calendar year in which Schedule 1 chemicals were produced, exported, or imported. Annual Declaration of Anticipated Activities (next calendar year) Certification, 1-1, 1-4, A (as appropriate), B (optional) September 3rd of the year prior to any calendar year in which Schedule 1 activities are anticipated to occur. Advance Notification of any export to or import from another State Party Notify on letterhead. See § 712.6 of the CWCR 45 calendar days prior to any export or import of Schedule 1 chemicals, except 3 days prior to export or import of 5 milligrams or less of saxitoxin for medical/diagnositc purposes. Initial Declaration of a new Schedule 1 facility (technical description) Certification, 1-1, A (as appropriate), B (optional) 200 calendar days prior to producing in excess of 100 grams aggregate of Schedule 1 chemicals. Amended Declaration Certification, 1-1, 1-2, 1-2A —Chemicals/Activities: § 712.7(a) —15 calendar days after change in information. —Company information: § 712.7(c) —30 calendar days after change in information. —Post-inspection letter: § 712.7(d) —45 calendar days after receipt of letter. Amended Report § 712.7(b) Certification, 1-1, 1-3, A (as appropriate), B (optional) —15 calendar days after change in information. Amended Combined Declaration & Report Certification, 1-1, 1-2, 1-2A, 1-3, A (as appropriate), B (optional) —15 calendar days after change in information.