PART 103—REGULATIONS FOR IMPLEMENTATION OF THE CHEMICAL WEAPONS CONVENTION AND THE CHEMICAL WEAPONS CONVENTION IMPLEMENTATION ACT OF 1998 ON THE TAKING OF SAMPLES AND ON ENFORCEMENT OF REQUIREMENTS CONCERNING RECORDKEEPING AND INSPECTIONS Authority: 22 U.S.C. 2651a; 22 U.S.C. 6701 et seq.; Source: 64 FR 73813, Dec. 30, 1999, unless otherwise noted. Subpart A—General § 103.1 Purpose. This part is intended to implement sections 304(f)(1) and 501 of the Chemical Weapons Convention Implementation Act of 1998 (Act), 22 U.S.C. 6701 et seq. § 103.2 Definitions. The following are definitions of terms as used in this part only. Bureau of Export Administration (BXA). Chemical Weapons Convention (CWC or Convention). CWCIA. et seq. CWCR. Executive Director. Facility agreement. Final decision. Host Team. Host Team Leader. Inspection assistant. Inspection Team. Lead agency. Office of Chemical and Biological Weapons Conventions. Organization for the Prohibition of Chemical Weapons (OPCW). Party. Perimeter. Person. Respondent. Secretary. Technical Secretariat. United States National Authority. Subpart B—Samples § 103.3 Requirement to provide a sample. (a) Voluntary provision of a sample. (b) Notification of requirement to provide a sample. (c) Requirement to provide a sample. (d) Consultations with the United States National Authority. (1) The taking of a sample is consistent with the inspection aims under the Convention and with its Confidentiality Annex; (2) The taking of a sample does not unnecessarily hamper or delay the operation of a facility or affect its safety, and is arranged so as to ensure the timely and effective discharge of the Inspection Team's functions with the least possible inconvenience and disturbance to the facility; (3) The taking of a sample is consistent with the applicable facility agreement. In particular: (i) Any sample will be taken at sampling points agreed to in the relevant facility agreement; and (ii) Any sample will be taken according to procedures agreed to in the relevant facility agreement; (4) In the absence of a facility agreement, due consideration is given to existing sampling points used by the owner or operator, occupant or agent in charge of the premises, consistent with any procedures developed pursuant to the CWCR (15 CFR parts 710 through 722); (5) The taking of a sample does not affect the safety of the premises and will be consistent with safety regulations established at the premises, including those for protection of controlled environments within a facility and for personal safety; (6) The taking of a sample does not pose a threat to the national security interests of the United States; and (7) The taking of a sample is consistent with any conditions negotiated pursuant to paragraph (j) of this section, if applicable. (e) Determination by United States National Authority. (2) If, however, after being advised by the lead agency pursuant to paragraph (d) of this section, the United States National Authority, in coordination with the interagency group designated by the President to implement the provisions of the CWCIA, determines that any of the conditions of paragraph (d) are not satisfied and that a sample shall not be required, then the owner or the operator, occupant or agent in charge of the premises shall not be required to provide a sample pursuant to a request of the Inspection Team of the Technical Secretariat. (f) Person to take a sample. (g) Requirement that samples remain in the United States. (h) Handling of samples. (i) Failure to comply with this section. (j) Conditions that restrict sampling activities during challenge inspections. (k) Format of Inspection Team request. (l) Requirement to provide a sample in the band around the outside of the perimeter during a challenge inspection. (1) There is consent; or (2) Such activity is authorized by a search warrant obtained pursuant to section 305(b)(4) of the CWCIA. Subpart C—Recordkeeping and Inspection Requirements § 103.4 General. This subpart implements the enforcement of the civil penalty provisions of section 501 of the Chemical Weapons Convention Implementation Act of 1998 (CWCIA), and sets forth relevant administrative proceedings by which such violations are adjudicated. Both the Department of State (in this subpart), and the Department of Commerce (in part 719 of the CWCR at 15 CFR parts 710 through 722) are involved in the implementation and enforcement of section 501. § 103.5 Violations. (a) Refusal to permit entry or inspection. (b) Failure to establish or maintain records. (1) To establish or maintain any record required by the CWCIA or the Chemical Weapons Convention Regulations (CWCR, 15 CFR parts 710 through 722) of the Department of Commerce; or (2) To submit any report, notice, or other information to the United States Government in accordance with the CWCIA or CWCR; or (3) To permit access to or copying of any record that is exempt from disclosure under the CWCIA or the CWCR. § 103.6 Penalties. (a) Civil penalties Civil penalty for refusal to permit entry or inspection. (2) Civil penalty for failure to establish or maintain records. (b) Criminal penalties. (c) Other remedial action Injunction. (i) The conduct prohibited under 18 U.S.C. 229 or 229C; or (ii) The preparation or solicitation to engage in conduct prohibited under 18 U.S.C. 229 or 229D. (2) In addition, the United States may, in a civil action, restrain any violation of section 306 or section 405 of the CWCIA, or compel the taking of any action required by or under the CWCIA or the Convention. [64 FR 73813, Dec. 30, 1999, as amended at 81 FR 36793, June 8, 2016; 82 FR 3170, Jan. 11, 2017; 83 FR 237, Jan. 3, 2018; 84 FR 9959, Mar. 19, 2019; 85 FR 2022, Jan. 14, 2020; 86 FR 7806, Feb. 2, 2021; 87 FR 1074, Jan. 10, 2022; 88 FR 1507, Jan. 11, 2023; 89 FR 702, Jan. 5, 2024; 90 FR 1868, Jan. 10, 2025] § 103.7 Initiation of administrative enforcement proceedings. (a) Issuance of Notice of Violation and Assessment (NOVA). (b) Content of NOVA. (c) Proposed order. (d) Notice. (e) Time to answer. (f) Content of answer. (g) English required. (h) Waiver. (i) Administrative procedures. § 103.8 Final agency decision after administrative proceedings. (a) Review of initial decision Petition for review. (i) That a necessary finding of fact is omitted, erroneous or not supported by substantial evidence of record; (ii) That a necessary legal conclusion or finding is contrary to law; (iii) That a prejudicial procedural error has occurred; or (iv) That the decision or the extent of sanctions is arbitrary, capricious or an abuse of discretion. (2) Content of petition for review. (3) Decision to review. (4) Effect of decision to review. (5) Review declined. (6) Review accepted. (b) Final decision. (c) Computation of time for the purposes of this section. § 103.9 Final agency decision after settlement negotiations. (a) Settlements based on letter of intent to charge Approval of settlement. (2) Refusal to approve settlement. (b) Settlements following issuance of a NOVA Approval of settlement. (2) Refusal to approve settlement. (c) Scope of settlement. (d) Finality. § 103.10 Appeals. Any person adversely affected by a final order respecting an assessment may, within 30 days after the final order is issued, file a petition in the Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business, to appeal the order. § 103.11 Payment of final assessment. (a) Time for payment. (b) Enforcement of order. (c) Offsets. § 103.12 Reporting a violation. If a person learns that a violation of the Convention, the CWCIA, this part, or the CWCR (15 CFR parts 710 through 722) has occurred or may occur, that person may notify: United States National Authority, Office of Chemical and Biological Weapons Conventions, Bureau of Arms Control, U.S. Department of State, Washington, DC 20520, Telephone: (703) 235-1204 or toll-free (877) CWC-NACS ((877) 292-6227), Facsimile: (703) 235-1065.