PART 718—CONFIDENTIAL BUSINESS INFORMATION Authority: 22 U.S.C. 6701 et seq.; Source: 71 FR 24929, Apr. 27, 2006, unless otherwise noted. § 718.1 Definition. The Chemical Weapons Convention Implementation Act of 1998 (“the Act”) defines confidential business information as information included in categories specifically identified in sections 103(g)(1) and 304(e)(2) of the Act and other trade secrets as follows: (a) Financial data; (b) Sales and marketing data (other than shipment data); (c) Pricing data; (d) Personnel data; (e) Research data; (f) Patent data; (g) Data maintained for compliance with environmental or occupational health and safety regulations; (h) Data on personnel and vehicles entering and personnel and personal passenger vehicles exiting the site; (i) Any chemical structure; (j) Any plant design, process, technology or operating method; (k) Any operating requirement, input, or result that identifies any type or quantity of chemicals used, processed or produced; (l) Any commercial sale, shipment or use of a chemical; or (m) Information that qualifies as a trade secret under 5 U.S.C. 552(b)(4) (Freedom of Information Act), provided such trade secret is obtained from a U.S. person or through the U.S. Government. § 718.2 Identification of confidential business information. (a) General. (b) Confidential business information contained in declarations and reports. (2) You must specifically identify in a cover letter submitted with your declaration or report any additional information on a declaration or report form (i.e., information not provided in one of the data fields listed in the table included in supplement no. 1 to this part), including information provided in attachments to Form A or Form B, that you believe is confidential business information, as defined by the Act, and must describe how disclosure would likely result in competitive harm. Note to § 718.2( b BIS has also determined that descriptions of Schedule 1 facilities submitted with Initial Declarations as attachments to Form A contain confidential business information, as defined by the Act. (c) Confidential business information contained in advance notifications. (d) Confidential business information related to inspections disclosed to, reported to, or otherwise acquired by, the U.S. Government. (2) Before or after inspections, confidential business information related to an inspection that is contained in any documents or that is reported to, or otherwise acquired by, the U.S. Government, such as facility information for pre-inspection briefings, facility agreements, and inspection reports, must be identified by the facility so that it may be appropriately marked and handled. If the U.S. Government creates derivative documents from such documents or reported information, they will also be marked and handled as confidential business information. § 718.3 Disclosure of confidential business information. (a) General. (b) Disclosure of confidential business information contained in advance notifications. (1) Exports of Schedule 1 chemicals. (2) Imports of Schedule 1 chemicals. (c) Disclosure of confidential business information pursuant to § 404(b) of the Act Disclosure to the Organization for the Prohibition of Chemical Weapons (OPCW). (ii) Convention provisions. (B) The OPCW Inspection Team members are prohibited, under the terms of their employment contracts and pursuant to the Confidentiality Annex of the Convention, from disclosing to any unauthorized persons, during their employment and for five years after termination of their employment, any confidential information coming to their knowledge or into their possession in the performance of their official duties. (iii) U.S. Government designation of information to the Technical Secretariat. (2) Disclosure to Congress. (3) Disclosure to other Federal agencies for law enforcement actions and disclosure in enforcement proceedings under the Act. (4) Disclosure to the public; national interest determination. (i) National interest determination. (ii) Notification of intent to disclose pursuant to a national interest determination. [71 FR 24929, Apr. 27, 2006, as amended at 73 FR 78183, Dec. 22, 2008] Supplement No. 1 to Part 718—Confidential Business Information Declared or Reported * Fields containing Schedule 1 Forms: Certification Form NONE. Form 1-1 NONE. Form 1-2 All fields. Form 1-2A All fields. Form 1-2B All fields. Form 1-3 All fields. Form 1-4 All fields. Schedule 2 Forms: Certification Form NONE. Form 2-1 NONE. Form 2-2 Question 2-2.9 Form 2-3 All fields. Form 2-3A All fields. Form 2-3B All fields. Form 2-3C All fields. Form 2-4 All fields. Schedule 3 Forms: Certification Form NONE. Form 3-1 NONE. Form 3-2 NONE. Form 3-3 All fields. Form 3-4 All fields. Unscheduled Discrete Organic Chemicals Forms: Certification Form NONE. Form UDOC NONE. FORMS A and B and attachments (all Schedules and UDOCs) Case-by-case; must be identified by submitter. * This table lists those data fields on the Declaration and Report Forms that request “confidential business information” (CBI) as defined by the Act (sections 103(g) and 304(e)(2)). As provided by section 404(a) of the Act, CBI is exempt from disclosure in response to a Freedom of Information Act (FOIA) request under sections 552(b)(3) and 552(b)(4) (5 U.S.C.A. 552(b)(3)-(4)), unless a determination is made, pursuant to section 404(c) of the Act, that such disclosure is in the national interest. Other FOIA exemptions to disclosure may also apply. You must identify CBI provided in Form A and/or Form B attachments, and provide the reasons supporting your claim of confidentiality, except that Schedule 1 facility technical descriptions submitted with initial declarations are always considered to include CBI. If you believe that information you are submitting in a data field marked “none” in the Table is CBI, as defined by the Act, you must identify the specific information and provide the reasons supporting your claim of confidentiality in a cover letter.