Revised Guidelines on Chemical Weapons Convention: Impact on Schedule 2A Chemicals

Commerce's  Bureau of Industry and Security (BIS) is publishing a final rule to amend the Chemical Weapons Convention Regulations (CWCR) to reduce the concentration threshold level above which mixtures containing a Schedule 2A chemical are subject to the declaration requirements.

This final rule also amends the CWCR to reduce the concentration threshold level above which mixtures containing a Schedule 2A chemical are subject to the declaration and reporting requirements that apply to exports and imports.

The Chemical Weapons Convention (CWC), which entered into force on April 29, 1997, is an international arms control treaty that aims to eliminate an entire category of weapons of mass destruction by prohibiting the development, production, acquisition, stockpiling, retention, transfer or use of chemical weapons by States Parties.

Article VI of the CWC and the CWC’s Verification Annex set out declaration, notification, and inspection requirements for three categories of scheduled chemicals when produced, processed, or consumed in excess of certain thresholds.  

This final rule amends part 713 of the CWCR by reducing the concentration threshold level above which mixtures containing a Schedule 2A chemical are counted toward the declaration and reporting requirements described in the CWCR.

Specifically, this final rule amends the CWCR to replace the previous low concentration threshold for mixtures containing a Schedule 2A chemical (i.e., a concentration of 30% or more, by volume or weight) with a low concentration threshold of 10% or more.

This rule modifies only the declaration requirements under the CWCR for mixtures containing Schedule 2A chemicals; it does not modify the declaration requirements for any other chemicals or any requirements applicable to the three Schedule 2A chemicals under either the EAR or ITAR.

Two of the three chemicals at issue (i.e., the chemical Amiton: 0,0 Diethyl S-[2-(diethylamino) ethyl] phosphorothiolate and corresponding alkylated or protonated salts and the chemical BZ: 3- Quinuclidinyl benzilate) are defense articles subject to the export licensing jurisdiction of the Department of State under the ITAR.

The third chemical (the chemical PFIB: 1,1,3,3,3- Pentafluoro-2(trifluoromethyl)- 1-propene) is a byproduct of fluoromonomer production. Producers of fluoromonomers are already subject to the CWC declaration and inspection requirements for unscheduled discrete organic chemicals, which include regular, thorough site inspections under the procedures set out in Part IX of the Verification Annex to the CWC and implemented in part 715 of the CWCR.

Consequently, BIS anticipates that this rule will impose few, if any, new reporting obligations on any U.S. company.

[FR 2023-13736]