27138 Federal Register / Vol. 64, No. 95 / Tuesday, May 18, 1999 / Rules and Regulations

DEPARTMENT OF COMMERCE ADDRESSES: Written comments should families of chemicals. The United States be sent to Nancy Crowe, Regulatory is a participant in the Australia Group Bureau of Export Administration Policy Division, Bureau of Export (AG), a 30-nation multilateral chemical Administration, Room 2705, 14th Street and biological weapons non- 15 CFR Parts 734, 736, 738, 740, 742, and Pennsylvania Ave., NW, proliferation regime. All AG 745, 748, 758, 772 and 774 Washington, DC 20230. participants have national export [Docket No. 990416098±9098±01] FOR FURTHER INFORMATION CONTACT: controls on 54 precursor chemicals, Nancy Crowe, Regulatory Policy some of which are listed on the CWC RIN 0694±AB67 Division, Bureau of Export Schedules, and on chemical-related Implementation of the Chemical Administration, at (202) 482–2440. production equipment. Two Schedule 1 Weapons Convention; Revisions to the SUPPLEMENTARY INFORMATION: toxins, and , are subject to Export Administration Regulations the EAR, are listed in Export Control Background Classification Number (ECCN) 1C351 on AGENCY: Bureau of Export As a party to the Convention on the the Commerce Control List (CCL), and Administration, Commerce. Prohibition of the Development, currently require a license for chemical ACTION: Interim rule. Production, Stockpiling, and Use of and biological (CB) non-proliferation Chemical Weapons and on Their reasons for export to all destinations SUMMARY: On April 25, 1997, the United Destruction, also known as the except Canada. Three additional States ratified the Convention on the Chemical Weapons Convention (CWC or Schedule 1 chemicals, O-Ethyl-2- Prohibition of the Development, Convention), the United States must, diisopropylaminoethyl methyl Production, Stockpiling, and Use of among other obligations, subject certain phosphonite (57856–11–8), Chemical Weapons and on Their toxic chemicals and their precursors Ethylphosphonyl difluoride (753–98–0) Destruction, also known as the listed in the Convention to verification and Methylphosphonyl difluoride (676– Chemical Weapons Convention (CWC or measures and control. This rule 99–3), are controlled by ECCN 1C350, Convention). The CWC identifies implements certain export-related and currently require a license for CB Schedule 1, Schedule 2 and Schedule 3 provisions of the Convention. reasons for export to all destinations chemicals subject to certain trade Regulations to implement other except AG-member countries. As a restrictions. This interim rule provisions of the Convention related to result of this rule, all five Schedule 1 implements the provisions of the data declarations and inspections will chemicals subject to the EAR will Convention that affect exports and be published by the Department of require a license to all destinations, reexports of Schedule 1 chemicals and Commerce in the Federal Register at a including Canada. All other Schedule 1 exports of Schedule 2 and Schedule 3 later date. chemicals are considered defense chemicals to countries that are not party The CWC-related toxic chemicals and articles under U.S. law and, as such, are to the Convention (non-States Parties) their precursors are contained in three controlled by the Department of State by amending the Export Administration lists or ‘‘schedules.’’ CWC Schedule 1 under the International Traffic in Arms Regulations (EAR). Specifically, this chemicals and precursors are those that Regulations (ITAR), (22 CFR 120, 121.7). rule adds a requirement for U.S. persons have been developed, produced, This rule establishes a new reason for to obtain an End-Use Certificate for stockpiled, or used as chemical control, ‘‘Chemical Weapons weapons in the past, or that have high exports of certain chemicals to those Convention’’, or CW, in Control potential for use as chemical weapons, countries that are not party to the Policy—Commerce Control List Based possess lethal or incapacitating toxicity, Convention, and submit a copy of that Controls (part 742 of the EAR). New or may be used as precursors in the certificate to the Department of § 742.18, sets forth the licensing production of other Schedule 1 Commerce. This rule also adds licensing requirements and policies for this new requirements for technology for the chemicals. CWC Schedule 2 lists toxic chemicals control, and applies to Schedule 1 production of certain Schedule 2 and and precursors that are not produced in chemicals identified under ECCNs Schedule 3 chemicals subject to the large commercial quantities and that 1C350 and 1C351 and Schedule 2 and Export Administration Regulations, and possess lethal or incapacitating toxicity Schedule 3 chemicals identified under creates an advance notification and that could enable them to be used as ECCN 1C350 and new ECCN 1C355, and annual report requirement for all chemical weapons, may be used as to technology identified under new exports of Schedule 1 chemicals. To precursors in one of the chemical ECCN 1E355. facilitate verification measures by the reactions at the final stage of formation New § 742.18 reflects the Organization for the Prohibition on of a chemical listed in Schedule 1 or requirements of the Convention. Under Chemical Weapons (OPCW), this rule Schedule 2, or are important in the the Convention, Schedule 1 chemicals modifies an existing License Exception production of Schedule 1 or Schedule 2 may only be exported to other States to permit the release of technology to chemicals. Parties. States Parties exporting the OPCW during inspections of CWC Schedule 3 lists toxic chemicals Schedule 1 chemicals must provide chemical facilities in the United States that may be produced in large advance notification of exports of any and to permit the export or reexport of commercial quantities for purposes not quantity of a Schedule 1 chemical, and equipment for use in inspections in prohibited under the Convention and must submit annual reports of exports of countries party to the Convention. that have been produced, stockpiled, or such chemicals during the previous DATES: This rule is effective May 18, used as chemical weapons, possess calendar year. The Convention also 1999. Comments on this rule must be lethal or incapacitating toxicity that requires that prior to the export of a received on or before June 17, 1999. could enable them to be used as Schedule 2 or Schedule 3 chemical to a Annual reports for exports of Schedule chemical weapons, or are important in non-State Party, the exporter obtain an 1 chemicals during calendar years 1997 the production of one or more chemicals End-Use Certificate issued by the and 1998 must be received by the listed in Schedule 1 or Schedule 2. government of the importing country. Department of Commerce by August 16, The Convention mandates trade No Schedule 2 chemical may be 1999. restrictions on individual chemicals and exported to a non-State Party after April

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29, 2000. Specifically, this rule amends obtain an End-Use Certificate from the destined to non-States Parties, except the EAR in the following ways: government of the importing country for Israel and Taiwan. Applications for and submit a copy of the End-Use such exports and reexports will be Schedule 1 Chemical Requirements Certificate to the Department of considered on a case-by-case basis. Note Export license requirements for Commerce within 7 days of the date of that once countries become State Schedule 1 chemicals. This rule export. This Certificate must be issued Parties, they will be eligible to receive imposes a license requirement for CW by the foreign government’s agency production technology controlled under reasons for exports of CWC Schedule 1 responsible for foreign affairs or any 1E355 without a license. chemicals controlled under ECCN other agency or department designated This interim rule also imposes anti- 1C350.a.20, a.24, and a.31 and ECCN by the importing government for this terrorism controls on technology 1C351.d.5 and d.6. to all countries, purpose, and may be issued to cover controlled under ECCN 1E355 for Iran, including Canada. Reexports of aggregate quantities against which Sudan and Syria, consistent with the Schedule 1 chemicals are prohibited. multiple shipments may be made to a provisions of the Export Administration Note that since exports of Schedule 1 single consignee. An End-Use Certificate Act after consultation with the Secretary chemicals are controlled for more than covering multiple shipments may be of State. one reason, licenses for such chemicals used until the aggregate quantity is Exports and reexports of equipment will be reviewed under the license shipped. New Supplement No. 1 to part for use in inspections conducted by the review policy for all applicable reasons 745 includes a list of Schedule 2 and OPCW and for the release of technology for control, including the license review Schedule 3 chemicals subject to the to the OPCW during inspections. This policy set forth in § 742.2 and new End-Use Certificate requirement, and rule also revises License Exception GOV § 742.18 of the EAR. new Supplement No. 2 to part 745 to permit the export and reexport of Advance notification and annual includes a list of States Parties. New equipment for use in inspections in reporting of exports of Schedule 1 Supplement No. 3 to part 745 of the countries party to the Convention, and chemicals. This rule adds a new part EAR includes foreign government to permit the release of technology to 745 for CWC advance notification and agencies responsible for issuing End- the Organization for the Prohibition of certain other reporting requirements. Use Certificates. Additional foreign Chemical Weapons (OPCW) during Section 745.1 sets forth the notification government entities will be added to inspections of chemical facilities in the and reporting requirements for exports Supplement No. 3 to part 745 when United States pursuant to the of all Schedule 1 chemicals listed in known. Convention. These exports and new Supplement No. 1 to part 745. You An End-Use Certificate is required for reexports are authorized only for the must notify BXA at least 45 calendar exports of Schedule 2 and Schedule 3 Organization for the Prohibition of days prior to exporting any quantity of chemicals to countries not included in Chemical Weapons (OPCW) for official a Schedule 1 chemical to another State Supplement No. 2 to part 745. Note that international inspection and verification Party. The advance notification the End-Use Certificate requirement set use under the terms of the Convention. requirement is in addition to the export forth in § 745.2 of the EAR applies to all This License Exception is available only license required for Schedule 1 Schedule 2 and Schedule 3 chemicals on the condition that the information is chemicals controlled under ECCNs regardless of whether the chemical is strictly protected in accordance with 1C350 or 1C351 and §§ 742.2 and 742.18 subject to the export license applicable provisions of the EAR and of the EAR, and for other Schedule 1 requirements under the EAR or the other U.S. laws regarding the use and chemicals controlled by the State International Traffic in Arms retransfer of U.S. goods and services. Department’s International Traffic in Regulations (ITAR). Note also that the License Exception GOV does not Arms Regulations. You must also End-Use Certificate requirement is in authorize export of inspection samples. submit annual reports to BXA of all addition to any export license No samples collected in the United exports of any quantity of a Schedule 1 requirement under either the EAR or the States pursuant to a CWC inspection chemical to another State Party during ITAR. may be transferred for analysis to any the previous calendar year, starting with License requirements. This rule laboratory outside the United States. exports taking place during calendar imposes a license requirement for This rule also makes conforming year 1997. Annual reports for exports of exports of Schedule 2 and Schedule 3 changes in § 734.5—Activities of U.S. Schedule 1 exports during calendar chemicals controlled for CW reasons and foreign persons subject to the EAR; years 1997 and 1998 are due to the under ECCNs 1C350 and 1C355, § 736.2—General Prohibitions; and Department of Commerce August 16, including sample shipments of such § 748.2—Unique license application 1999. If you exported Schedule 1 chemicals, to non-States Parties when requirements. Finally, this rule also chemicals in calendar year 1997 and an End-Use Certificate is not obtained. revises the Shipper’s Export Declaration 1998, two reports are due by August 16, Such applications will generally be (SED) provisions of § 758.3 to require 1999. Thereafter, annual reports are due denied. Further, this rule imposes a exporters to enter the ECCN on the SED to the Department of Commerce by license requirement for exports of when exporting chemicals controlled February 13th of each year. For Schedule 2 chemicals to non-States under ECCN 1C355 under No License example, annual reports for exports that Parties on or after April 29, 2000, and Required (NLR). were made during calendar year 1999 imposes a general policy of denial for The Bureau of Export Administration are due on February 13, 2000. such exports. submitted a foreign policy report to the Exports of technology to produce Congress April 13, 1999 indicating the Schedule 2 and Schedule 3 Chemical certain Schedule 2 and Schedule 3 imposition of new foreign policy Requirements chemicals. This rule adds to the CCL controls. End-Use Certificate requirements for new ECCN 1E355 to control technology Although the Export Administration exports of Schedule 2 and Schedule 3 to produce PFIB, , Act (EAA) expired on August 20, 1994, chemicals to countries that are not CWC chloride and . This the President invoked the International States Parties. This rule adds to new rule also imposes a license requirement Emergency Economic Powers Act and § 745.2 a requirement for U.S. persons, for CW reasons for exports and continued in effect the EAR, and, to the as defined in § 744.6(c) of the EAR, to reexports of such technology when extent permitted by law, the provisions

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(63 FR 55121, August 17, 1998). automated collection techniques or Oral comments must be followed by other forms of information technology. written memoranda, which will also be Savings Clause Please send any comments to regarding a matter of public record and will be Shipments of items now subject to a these burden estimates or any other available for public review and copying. licensing, advance notification or End- aspect of these collections of Communications from agencies of the Use Certificate requirement as a result of information, including suggestions for United States Government or foreign this regulatory action that were on dock reducing the burden, to OMB Desk governments will not be made available for loading, on lighter, laden aboard an Officer, New Executive Office Building, for public inspection. exporting carrier, or en route aboard a Washington, DC 20503. The public record concerning these carrier to a port of export pursuant to 3. This rule does not contain policies regulations will be maintained in the actual orders for export before May 18, with Federalism implications sufficient Bureau of Export Administration 1999 may be exported without a license to warrant preparation of a Federalism Freedom of Information Records up to and including June 1, 1999. Any assessment under Executive Order Inspection Facility, Room 6881, such items not actually exported before 12612. Department of Commerce, 14th Street midnight June 1, 1999, require a license 4. The provisions of the and Pennsylvania Avenue, NW, or are subject to the advance notification Administrative Procedure Act (5 U.S.C. Washington, DC 20230. Records in this or End-Use Certificate requirements in 553) requiring notice of proposed facility, including written public accordance with this regulation. rulemaking, the opportunity for public comments and memoranda participation, and a delay in effective Rulemaking Requirements summarizing the substance of oral date, are inapplicable because this communications, may be inspected and 1. This interim rule has been regulation involves a military and copied in accordance with regulations determined to be not significant for foreign affairs function of the United published in Part 4 of Title 15 of the purposes of E.O. 12866. States (Sec. 5 U.S.C. 553(a)(1)). Further, Code of Federal Regulations. 2. Notwithstanding any other no other law requires that a notice of provision of law, no person is required Information about the inspection and proposed rulemaking and an copying of records at the facility may be to, nor shall any person be subject to a opportunity for public comment be penalty for failure to comply with a obtained from Henry Gaston, Bureau of given for this interim rule. Because a Export Administration Freedom of collection of information, subject to the notice of proposed rulemaking and an Paperwork Reduction Act (PRA), unless Information Officer, at the above opportunity for public comment are not address or by calling (202) 482–0500. that collection of information displays a required to be given for this rule under currently valid OMB Control Number. 5 U.S.C. or by any other law, the List of Subjects This rule involves a collection of requirements of the Regulatory 15 CFR Part 734 information subject to the Paperwork Flexibility Act (5 U.S.C. 601 et seq. ) are Reduction Act of 1995 (44 U.S.C. 3501 not applicable. Administrative practice and et seq.). These collections have been However, because of the importance procedure, Exports, Foreign trade. approved by the Office of Management of the issues raised by these regulations, 15 CFR Parts 736, 738, 742, 772 and 774 and Budget under control number 0694– this rule is issued in interim final form 0088. This rule also contains two new and comments will be considered in the Exports, Foreign trade. information collection requirements development of final regulations. 15 CFR Part 745 subject to the PRA that has received Accordingly, the Department emergency approval under OMB control encourages interested persons who wish Administration practice and number 0694–0117. The new to comment to do so at the earliest procedure, Chemicals, Exports, Foreign information requirement and estimated possible time to permit the fullest trade, Reporting and recordkeeping public burden hours include: Preparing consideration of their views. requirements. and submitting to BXA Schedule 1 The period for submission of 15 CFR Parts 740, 748 and 758 notifications and annual reports (30 comments will close June 17, 1999. The minutes each); obtaining the End-Use Department will consider all comments Administrative practice and Certificate from the government of the received before the close of the procedure, Exports, Foreign trade, importing destination; transmitting it to comment period in developing final Reporting and recordkeeping the exporter, and submitting it to BXA regulations. Comments received after requirements. (30 minutes). These estimates include the end of the comment period will be Accordingly, parts 734, 736, 738, 740, the time for reviewing instructions, considered if possible, but their 742, 772 and 774 of the Export searching existing data sources, consideration cannot be assured. The Administration Regulations (15 CFR gathering and maintaining the data Department will not accept public Parts 730–799) are amended, and new needed, and completing and reviewing comments accompanied by a request part 745 is added, to read as follows: the collections of information. that a part or all of the material be 1. The authority citation for part 734 Comments are invited on: (a) whether treated confidentially because of its is revised to read as follows: the proposed collection of information business proprietary nature or for any Authority: 50 U.S.C. app. 2401 et seq.; is necessarry for the proper performance other reason. The Department will 1701 et seq.; E.O. 12924, 3 CFR, 1994 Comp., of the functions of the agency, including return such comments and materials to p. 917; E.O. 12938, 3 CFR, 1994 Comp., p. whether the information shall have the person submitting the comments 950; E.O. 13020, 3 CFR, 1996 Comp., p. 219; practical utility; (b) the accuracy of the and will not consider them in the E.O. 13026, 3 CFR, 1996 Comp., p. 228; agency’s estimate of the burden of the development of final regulations. All Notice of August 13, 1998, 63 FR 44121, 3 proposed collection of information; (c) public comments on these regulations CFR, 1999 Comp., p. 294. ways to enhance the quality, utility, and will be a matter of public record and 2. The authority citation for part 736 clarity of the information to be will be available for public inspection is amended to read as follows:

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Authority: 50 U.S.C. app. 2401 et seq.; § 736.2 General prohibitions and international inspections under the 1701 et seq.; E.O. 12924, 3 CFR, 1994 Comp., determination of applicability. Chemical Weapons Convention. p. 917; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 3 CFR, 1996 (a) * * * * * * * * Comp., p. 228; Notice of August 13, 1998, 63 (b) * * * (c) International inspections under the Chemical Weapons Convention FR 44121, 3 CFR, 1999 Comp., p. 294. (7) General Prohibition Seven— (CWC or Convention). Support of proliferation activities (U.S. 3. The authority citations for parts 738 (1) The provisions of this paragraph person proliferation activity).—(i) and 774 are revised to read as follows: (c) authorize exports and reexports to Support of proliferation activities (U.S. the Organization for the Prohibition of Authority: 50 U.S.C. app. 2401 et seq., person proliferation activity). (A) If you Chemical Weapons (OPCW) and exports 1701 et seq., app 5; 10 U.S.C. 7420, 7430(e); are a U.S. person as that term is defined 18 U.S.C. 2510 et seq.; 22 U.S.C. 287c; 22 and reexports by the OPCW for official in § 744.6(c) of the EAR, you may not U.S.C. 3201 et seq., 6004; Sec. 201, Pub. L. international inspection and verification engage in any activities prohibited by 104–58, 109 Stat. 557 (30 U.S.C. 185(s), use under the terms of the Convention. § 744.6(a) or (b) of the EAR, which 185(u); 42 U.S.C. 2139a, 6212; 43 U.S.C. The OPCW is an international prohibits the performance, without a 1354; 46 U.S.C. app. 466c; E.O. 12924, 3 CFR, organization that establishes and 1994 Comp., p. 917; E.O. 13026, 3 CFR, 1996 license from BXA, of certain financing, administers an inspection and Comp., p. 228; Notice of August 13, 1998, 63 contracting, service, support, verification regime under the FR 44121, 3 CFR, 1999 Comp., p. 294. transportation, freight forwarding, or Convention designed to ensure that employment that you know will assist 4. The authority citation for parts 740 certain chemicals and related facilities in certain proliferation activities and 772 are revised to read as follows: are not diverted from peaceful purposes described further in part 744 of the EAR. to non-peaceful purposes. These Authority: 50 U.S.C. app. 2401 et seq., There are no License Exceptions to this provisions authorize exports and 1701 et seq.; E.O. 12924, 1994, 3 CFR, 1994 General Prohibition Seven in part 740 of reexports for official OPCW use of the Comp., p. 917; E.O. 13026, 3 CFR, 1996 the EAR unless specifically authorized Comp., p. 228 (1997); Notice of August 13, following: in that part. 1998, 63 FR 44121, 3 CFR, 1999 Comp., p. (i) Commodities and software 294; Pub. L. 105–85, 111 Stat. 1629. (B) If you are a U.S. person as that consigned to the OPCW at its term is defined in § 744.6(c) of the EAR, headquarters in The Hague for official 5. The authority citation for part 742 you may not export a Schedule 2 or international OPCW use for the is amended to read as follows: Schedule 3 chemical listed in monitoring and inspection functions set Authority: 50 U.S.C. app. 2401 et seq., Supplement No. 1 to part 745 to a forth in the Convention, and technology 1701 et seq.; 18 U.S.C. 2510 et seq.; 22 U.S.C. destination not listed in Supplement relating to the maintenance, repair, and 3201 et seq.; 42 U.S.C. 2139a; E.O. 12058, 43 No. 2 to part 745 without first operation of such commodities and FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. submitting to the Department of 12851, 3 CFR, 1993 Comp., p. 608; E.O. software. The OPCW must maintain Commerce a copy of the End-Use effective control of such commodities, 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. Certificate as required in § 745.2 of the 917; E.O. 12938, 3 CFR, 1994 Comp., p. 950; software and technology. E.O. 13020, 3 CFR, 1996 Comp. P. 219; E.O. EAR. (ii) Controlled technology relating to 13026, 3 CFR, 1996 Comp., p. 228; Notice of (C) If you are a U.S. person as that the training of the OPCW inspectorate. August 13, 1998, 63 FR 44121, 3 CFR, 1999 term is defined in § 744.6(c) of the EAR, (iii) Controlled technology relating to Comp., p. 294. you may not export a Schedule 1 a CWC inspection site, including chemical listed in Supplement No. 1 to technology released as a result of: 6. The authority citation for part 758 part 745 without first complying with (A) Visual inspection of U.S.-origin is revised to read as follows the provisions of §§ 742.16 and 745.2 of equipment or facilities by foreign Authority: 50 U.S.C. app. 2401 et seq.; 50 the EAR. nationals of the inspection team; U.S.C. 1701 et seq.; E.O. 12924, 3 CFR, 1994 * * * * * (B) Oral communication of controlled Comp., p. 917; Notice of August 13, 1998, 63 technology to foreign nationals of the FR 44121, 3 CFR, 1999, Comp., p. 294. PART 738ÐAMENDED inspection team in the U.S. or abroad; PART 734ÐAMENDED and 10. Section 738.2 is amended by (C) The application to situations adding ‘‘CW Chemical Weapons 7. Section 734.5 is amended by abroad of personal knowledge or Convention’’ in alphabetical order to the revising paragraph (a) to read as follows: technical experience acquired in the list of Reasons for Control in paragraph U.S. § 734.5 Activities of U.S. and foreign (d)(2)(i)(A). (2) Exclusions. The following items persons subject to the EAR. PART 740ÐAMENDED may not be exported or reexported * * * * * under the provisions of this paragraph (a) Certain activities of U.S. persons 11. Section 740.11 is amended by (c): related to the proliferation of chemical revising the heading and introductory (i) Computers with a Composite or biological weapons or of missile text and by adding new paragraph (c) to Theoretical Performance (CTP) greater technology as described in § 744.6 of the read as follows: than 10,000 MTOPS, except that no EAR and the proliferation of chemical MTOPS limit applies to exports or weapons as described in part 745 of the § 740.11 Governments, international reexports to those countries in EAR. organizations, and international inspections Computer Tier 1 (see § 740.7(b)(1)); under the Chemical Weapons Convention * * * * * (ii) Inspection samples collected in (GOV). the U.S. pursuant to the Convention; PART 736ÐAMENDED This License Exception authorizes and exports and reexports for international (iii) Commodities and software that 8.–9. Section 736.2 is amended by nuclear safeguards; U.S. government are no longer in OPCW official use. revising paragraph (b)(7)(i) to read as agencies or personnel, and agencies of Such items must be disposed of in follows: cooperating governments; and accordance with the EAR.

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(3) Confidentiality. The application of Parties, and a prohibition on the export (b) Licensing policy. (1) Schedule 1 the provisions of this paragraph (c) is of Schedule 2 chemicals to non-States chemicals. (i) Applications to export subject to the condition that the Parties on or after April 29, 2000. Schedule 1 chemicals to States Parties confidentiality of business information (a) License requirements. (1) Schedule (destinations listed in Supplement No. 2 is strictly protected in accordance with 1 chemicals identified in ECCNs 1C350 to part 745 of the EAR) will generally be applicable provisions of the EAR and and 1C351. A license is required for CW approved, provided that all of the other U.S. laws regarding the use and reasons for exports and reexports of following conditions are met: retransfer of U.S. goods and services. Schedule 1 chemicals identified under (A) The chemicals are destined for ECCN 1C350.a.20, a.24, and a.31 and purposes not prohibited under the CWC PART 742ÐAMENDED ECCN 1C351.d.5 and d.6 to all (e.g., research, medical, pharmaceutical, or protective purposes); 12. Section 742.2 is amended by destinations including Canada. Also see the advance notification procedures and (B) The types and quantities of revising the introductory text to chemicals are strictly limited to those paragraph (a) to read as follows: annual reporting requirements described in § 745.1 of the EAR. that can be justified for those purposes; § 742.2 Proliferation of chemical and (2) Schedule 2 and Schedule 3 (C) The aggregate amount of Schedule biological weapons. chemicals. (i) ECCN 1C350. For all 1 chemicals in the country of (a) License requirements. The chemicals included in ECCN 1C350, destination at any given time for such following controls are maintained in other than 1C350.a.20, a.24 and a.31, a purposes is equal to or less than one support of the U.S. foreign policy of license is required for CW reasons metric ton and receipt of the proposed opposing the proliferation and illegal unless an End-Use Certificate is export or reexport will not cause the use of chemical and biological weapons. obtained as described in § 745.2 of the limit to be exceeded. (ii) Applications to export Schedule 1 (See also § 742.16 of this part for license EAR for exports to destinations not chemicals to non-States Parties requirements pursuant to the Chemical listed in Supplement No. 2 to part 745 (destinations not listed in Supplement Weapons Convention). of the EAR. No. 2 to part 745 of the EAR) will (ii) ECCN 1C355. Chemicals * * * * * generally be denied. controlled under ECCN 1C355 are § 742.8 [Amended] (iii) Applications to reexport controlled for CW reasons. The Schedule 1 chemicals will generally be 13. Section 742.8 is amended by following license requirements apply: denied. revising the phrase ‘‘paragraphs (c)(6) (A) CWC States Parties. Neither a (2) Schedule 2 and Schedule 3 through (c)(39)’’ in paragraph (a)(4)(ii) to license nor an End-Use Certificate is chemicals. (i) CWC States Parties. read ‘‘paragraphs (c)(6) through (c)(41)’’. required for exports to CWC States Applications to export and reexport Parties (destinations listed in § 742.9 [Amended] Schedule 2 and Schedule 3 chemicals Supplement No. 2 to part 745 of the controlled under ECCN 1C350 to States 14. Section 742.9 is amended by EAR) for CW reasons. Note that a license revising the phrase ‘‘(c)(22) through Parties (destinations listed in may be required for other reasons set Supplement No. 2 to part 745 of the (c)(39)’’ in paragraph (a)(3)(ii) to read forth in the EAR. See in particular the ‘‘(c)(22) through (c)(41)’’. EAR) will generally be approved to end-use/end-user restrictions of part 744 satisfactory end-users, provided the § 742.10 [Amended] and the restrictions that apply to chemicals will only be used for 15. Section 742.10 is amended by embargoed countries in part 746 of the purposes not prohibited by the CWC. revising the phrase ‘‘(c)(16) through EAR. (ii) CWC non-States Parties. (A) ECCN (c)(39)’’ in paragraph (a)(4)(ii) to read (B) CWC Non-States Parties. A license 1C350. Applications to export Schedule ‘‘(c)(16) through (c)(41)’’. is required for exports to non-States 2 chemicals prior to April 29, 2000, and 16. Part 742 is amended by adding a Parties (destinations not listed in Schedule 3 Schedule chemicals new § 742.18 to read as follows: Supplement No. 2 to part 745 of the controlled under ECCN 1C350 to CWC EAR) for CW reasons unless the exporter non-States Parties (destinations not § 742.18 Chemical Weapons Convention obtains an End-Use Certificate described listed in Supplement No. 2 to part 745 (CWC or Convention). by § 745.2 of the EAR. Note that a of the EAR) will generally be approved States that are party to the Convention license may be required for other to satisfactory end-users, provided the on the Prohibition of the Development, reasons set forth in the EAR. See in chemicals will only be used for Production, Stockpiling, and Use of particular the end-use/end-user purposes not prohibited by the CWC Chemical Weapons and on Their restrictions of part 744 and the (see paragraph (b)(2)(iv) of this section), Destruction, also known as the restrictions that apply to embargoed when the exporter has obtained the End- Chemical Weapons Convention (CWC or countries in part 746 of the EAR. Use Certificate required and described Convention), undertake never to (iii) Exports of Schedule 2 chemicals in § 745.2 of the EAR. If no end-user develop, produce, acquire, stockpile, on or after April 29, 2000. A license is certificate is obtained, the application transfer, or use chemical weapons. As a required for CW reasons for exports of will generally be denied. State Party to the Convention, the Schedule 2 chemicals listed in 1C350 (B) ECCN 1C355. Applications to United States is subjecting certain toxic and 1C355 when exported to non-States export Schedule 2 and Schedule 3 chemicals and their precursors listed in Parties on or after April 29, 2000, chemicals controlled under ECCN Schedules within the Convention to regardless whether the exporter has 1C355 will generally be denied. trade restrictions. Trade restrictions obtained an End-Use Certificate (C) Exports of Schedule 2 chemicals include a prohibition on the export of described in § 745.2 of the EAR. on or after April 29. 2000. Applications Schedule 1 chemicals to non-States (3) Technology controlled under to export Schedule 2 chemicals Parties, license requirements for the ECCN 1E355. A license is required to controlled under 1C350 and 1C355 to export of Schedule 1 chemicals to all non-States Parties (destinations not non-States Parties (destinations not States Parties, End-Use Certificate listed in Supplement No. 2 to part 745 listed in Supplement No. 2 to part 745 requirements for exports of Schedule 2 of the EAR), except for Israel and of the EAR) on or after April 29, 2000, and Schedule 3 chemicals to non-States Taiwan, for CW reasons. will generally be denied.

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(iii) Purposes not prohibited under § 745.1 Advance notification and annual (ii) Structural formula of the the CWC include: report of all exports of Schedule 1 chemical; chemicals to other States Parties. (A) Industrial, agricultural, research, (iii) Chemical Abstract Service (CAS) medical, pharmaceutical, or other Pursuant to the Convention, the Registry Number; United States is required to notify the peaceful purposes; and (iv) Quantity involved in grams; Organization for the Prohibition of (v) Planned date of export; (B) Law enforcement purposes. Chemical Weapons (OPCW) not less (vi) Purpose (end-use) of export; (3) Technology controlled under than 30 days in advance of every export (vii) Name of recipient; ECCN 1E355. Exports and reexports of of a Schedule 1 chemical, in any (viii) Complete street address of technology controlled under ECCN quantity, to another State Party. In recipient; 1E355 will be reviewed on a case-by- addition, the United States is required (ix) Export license or control number, case basis. to provide a report of all exports of if known; and (c) Contract sanctity. Contract sanctity Schedule 1 chemicals to other States (x) Company identification number, provisions are not available for license Parties during each calendar year. If you once assigned by BXA. applications reviewed under this plan to export any quantity of a (2) Send the notification by fax to section. Schedule 1 chemical controlled under (703) 235–1481 or to the following the EAR and licensed by the Department address, for mail and courier deliveries: 17–18. Supplement No. 2 to part 742 of Commerce or controlled under the Information Technology Team, is amended by adding new paragraphs International Traffic in Arms Department of Commerce, Bureau of (c)(40) and (c)(41) to read as follows: Regulations (ITAR) and licensed by the Export Administration, 1555 Wilson Supplement No. 2 To Part 742—Anti- Department of State, you are required Boulevard, Suite 710, Arlington, VA Terrorism Controls: Iran, Syria and under this section to notify the 22209. Attn: ‘‘Advance Notification of Sudan Contract Sanctity Dates and Department of Commerce in advance of Schedule 1 Chemical Export’’. Related Policies this export. You are also required to (3) Upon receipt of the notification, provide an annual report of exports that BXA will inform the exporter of the * * * * * actually occurred during the previous earliest date the shipment may occur (c) * * * calendar year. The United States will under the notification procedure. To (40) [Reserved] transmit the advance notifications and export the Schedule 1 chemical, the (41) Production technology controlled an aggregate annual report to the OPCW exporter must have applied for and been under ECCN 1C355 on the CCL. of exports of Schedule 1 chemicals from granted a license (see §§ 742.2 and the United States. Note that the 742.18 of the EAR, or the ITAR at 22 (i) Iran. Applications for all end-users notification and annual report CFR part 121. in Iran of these items will generally be requirements of this section do not (b) Annual report of exports. (1) You denied. relieve the exporter of any requirement must report all exports of any quantity (ii) Syria. Applications for military to obtain a license from the Department of a Schedule 1 chemical to another end-users or for military end-uses in of Commerce for the export of Schedule State Party during the previous calendar Syria of these items will generally be 1 chemicals subject to the EAR or from year, starting with exports taking place denied. Applications for non-military the Department of State for the export of during calendar year 1997. Reports for end-users or for non-military end-uses Schedule 1 chemicals subject to the exports during calendar years 1997 and in Syria will be considered on a case- ITAR. 1998 are due to the Department of by-case basis. (a) Advance notification of exports. Commerce August 16, 1999. Thereafter, (iii) Sudan. Applications for all end- You must notify BXA at least 45 annual reports of exports are due on users in Sudan of these items will calendar days prior to exporting any February 13 of the following calendar generally be denied. quantity of a Schedule 1 chemical listed year. The report should be on company in Supplement No. 1 to this part to letterhead or must clearly identify the PART 745Ð[ADDED] another State Party. This is in addition reporting entity by name of company, to the requirement to obtain an export complete address, name of contact 19. New Part 745 is added to read as license under the EAR for chemicals person and telephone and fax numbers follows: controlled by ECCN 1C350 or 1C351 for along with the following information for any reason for control, or from the each export: PART 745ÐCHEMICAL WEAPONS Department of State for Schedule 1 (i) Common Chemical Name; CONVENTION REQUIREMENTS chemicals controlled under the ITAR. (ii) Structural formula of the Sec. Note that such notifications may be sent chemical; § 745.1 Advance notification and annual to BXA prior to or after submission of (iii) CAS Registry Number; report of all exports of Schedule 1 a license application to BXA for (iv) Quantity involved in grams; chemicals to other States Parties. Schedule 1 chemicals controlled subject (v) Date of export; § 745.2 End-Use Certificate reporting to the EAR and under ECCNs 1C350 or (vi) Export license number; requirements under the Chemical 1C351 or to the Department of State for (vii) Purpose (end-use) of export; Weapons Convention. Schedule 1 chemicals controlled on the (viii) Name of recipient; Supplement No. 1 to Part 745—Schedules of ITAR. Such notices must be submitted (ix) Complete address of recipient, Chemicals separately from license applications. including street address, city and Supplement No. 2 to Part 745—States Parties country; and (x) Company identification to the Convention on the Prohibition of (1) Such notification should be on the Development, Production, company letterhead or must clearly number, once assigned by BXA. Stockpiling, and Use of Chemical identify the reporting entity by name of (2) The report must be signed by a Weapons and on Their Destruction company, complete address, name of responsible party, certifying that the Authority: 50 U.S.C. 1701 et seq.; E.O. contact person and telephone and fax information provided in the annual 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. numbers, along with the following report is, to the best of his/her 950; Notice of August 13, 1998, 63 FR 44121, information: knowledge and belief, true and 3 CFR, 1999 Comp., p. 294. (i) Common Chemical Name; complete.

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(3) Send the report by fax to (703) countries not party to the Chemical submitted separately from license 235–1481 or to the following address, Weapons Convention (destinations not applications. for courier deliveries: Information listed in Supplement No. 2 to this part) (2) Submit a copy of the End-Use Technology Team, Department of unless the U.S. person obtains from the Certificate to the Department of Commerce, Bureau of Export consignee an End-Use Certificate issued Commerce by fax at (703) 235–1481 or Administration, 1555 Wilson Boulevard, by the government of the importing to the following address no later than 7 Suite 710, Arlington, VA 22209. Attn: destination. This Certificate must be days after the date of export, for mail ‘‘Annual Report of Schedule 1 Chemical issued by the foreign government’s and courier deliveries: Information Export’’. agency responsible for foreign affairs or Technology Team, Department of any other agency or department Commerce, Bureau of Export § 745.2 End-Use Certificate reporting Administration, 1555 Wilson Boulevard, requirements under the Chemical Weapons designated by the importing government Convention. for this purpose. Supplement No. 3 to Suite 710, Arlington, VA 22209. Attn: this part includes foreign government CWC End-Use Certificate Report. Note: The End-Use Certificate requirement entities responsible for issuing End-Use (b) The End-Use Certificate described of this section does not relieve the exporter of any requirement to obtain a license from Certificates pursuant to this section. in paragraph (a) of this section must the Department of Commerce for the export Additional foreign government state the following: of Schedule 2 or Schedule 3 chemicals departments or agencies responsible for (1) That the chemicals will be used subject to the Export Administration issuing End-Use Certificates will be only for purposes not prohibited under Regulations or from the Department of State included in Supplement No. 3 to this the Chemical Weapons Convention; for the export of Schedule 2 or Schedule 3 part when known. End-Use Certificates (2) That the chemicals will not be chemicals subject to the International Traffic may be issued to cover aggregate transferred to other end-user(s) or end- in Arms Regulations. quantities against which multiple use(s); (a)(1) No U.S. person, as defined in shipments may be made to a single (3) The types and quantities of § 744.6(c) of the EAR, may export from consignee. An End-Use Certificate chemicals; the United States any Schedule 2 or covering multiple shipments may be (4) Their specific end-use(s); and Schedule 3 chemical identified in used until the aggregate quantity is (5) The name(s) and complete Supplement No. 1 to this part to shipped. End-Use Certificates must be address(es) of the end-user(s).

SUPPLEMENT NO. 1 TO PART 745ÐSCHEDULES OF CHEMICALS

C.A.S. Registry No.

Schedule 1

A. Toxic chemicals: (1) O-Alkyl (≤C10, incl. cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)-phosphonofluoridates e.g. : O-Isopropyl methylphosphonofluoridate ...... 107±44±8 : O-Pinacolyl methylphosphonofluoridate ...... 96±64±0 (2) O-Alkyl (≤C10, incl. cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidocyanidates e.g. : O-Ethyl N,N-dimethyl phosphoramidocyanidate ...... 77±81±6 (3) O-Alkyl (H or ≤C10, incl. cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts e.g. VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate ...... 50782±69±9 (4) mustards: 2-Chloroethylchloromethylsulfide ...... 2625±76±5 : Bis(2-chloroethyl) ...... 505±60±2 Bis(2-chloroethylthio)methane ...... 63869±13±6 : 1,2-Bis(2-chloroethylthio)ethane ...... 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: Bis(2-chloroethylthioethyl)ether ...... 63918±89±8 (5) Lewisites: 1: 2-Chlorovinyldichloroarsine ...... 541±25±3 : Bis(2-chlorovinyl)chloroarsine ...... 40334±69±8 : Tris(2-chlorovinyl) ...... 40334±70±1 (6) Nitrogen mustards: HN1: Bis(2-chloroethyl)ethylamine ...... 538±07±8 HN2: Bis(2-chloroethyl)methylamine ...... 51±75±2 HN3: Tris(2-chloroethyl)amine ...... 555±77±1 (7) Saxitoxin ...... 35523±89±8 (8) Ricin ...... 9009±86±3 B. Precursors:. (9) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides e.g. DF: Methylphosphonyldifluoride ...... 676±99±3 (10) O-Alkyl (H or ≤C10, incl. cycloalkyl) O-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts e.g. QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite ...... 57856±11±8 (11) : O-Isopropyl methylphosphonochloridate ...... 1445±76±7 (12) : O-Pinacolyl methylphosphonochloridate ...... 7040±57±5

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SUPPLEMENT NO. 1 TO PART 745ÐSCHEDULES OF CHEMICALSÐContinued

C.A.S. Registry No.

Schedule 2

A. Toxic chemicals: (1) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl] phosphorothiolate and corresponding alkylated or protonated salts ...... 78±53±5 (2) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene ...... 382±21±8 (3) BZ: 3-Quinuclidinyl benzilate ...... 6581±06±2 B. Precursors: (4) Chemicals, except for those listed in Schedule 1, containing a phosphorus atom to which is bonded one methyl, ethyl or propyl (normal or iso) group but not further carbon atoms, e.g. Methylphosphonyl dichloride ...... 676±97±1 Dimethyl methylphosphonate ...... 756±79±6 Exemption: Fonofos: O-Ethyl S-phenyl ethylphosphono-thiolothionate ...... 944±22±9 (5) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides (6) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidates (7) trichloride 7784±34±1 (8) 2,2-Diphenyl-2-hydroxyacetic acid 76±93±7 (9) Quinuclidine-3-ol 1619±34±7 (10) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides and corresponding protonated salts (11) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and corresponding protonated salts Exemptions: N,N-Dimethylaminoethanol and corresponding protonated salts ...... 108±01±0 N,N-Diethylaminoethanol and corresponding protonated salts ...... 100±37±8 (12) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and corresponding protonated salts (13) Thiodiglycol: Bis(2-hydroxyethyl)sulfide ...... 111±48±8 (14) : 3,3-Dimethylbutane-2-ol ...... 464±07±3

Schedule 3

A. Toxic chemicals: (1) Phosgene: Carbonyl dichloride ...... 75±44±5 (2) ...... 506±77±4 (3) Hydrogen cyanide ...... 74±90±8 (4) : Trichloronitromethane ...... 76±06±2 B. Precursors: (5) Phosphorus oxychloride ...... 10025±87±3 (6) Phosphorus trichloride ...... 7719±12±2 (7) Phosphorus pentachloride ...... 10026±13±8 (8) Trimethyl phosphite ...... 121±45±9 (9) Triethyl phosphite ...... 122±52±1 (10) Dimethyl phosphite ...... 868±85±9 (11) Diethyl phosphite ...... 762±04±9 (12) Sulfur monochloride ...... 10025±67±9 (13) Sulfur dichloride ...... 10545±99±0 (14) ...... 7719±09±7 (15) Ethyldiethanolamine ...... 139±87±7 (16) Methyldiethanolamine ...... 105±59±9 (17) Triethanolamine ...... 102±71±6

Supplement No. 2 to Part 745—States Brazil Finland Parties to the Convention on the Brunei Darussalam France Prohibition of the Development, Bulgaria Gambia Production, Stockpiling, and Use of Burkina Faso Georgia Chemical Weapons and on Their Burundi Germany Cameroon Ghana Destruction Canada Greece List of States Parties as of May 18, 1999 Chile Guinea Albania China Guyana Algeria Cook Islands Hungary Argentina Costa Rica Iceland Armenia Cote d’Ivoire (Ivory Coast) India Australia Croatia Indonesia Austria Cuba Iran Bahrain Cyprus Ireland Bangladesh Czech Republic Italy Belarus Denmark Japan Belgium Ecuador Jordan Benin El Salvador Kenya Bolivia Equatorial Guinea Korea (Republic of) Bosnia-Herzegovina Ethiopia Kuwait Botswana Fiji Laos (P.D.R.)

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Latvia United States In addition to the End-Use Certificate, Lesotho Uruguay you may still be required to obtain a Lithuania Uzbekistan Statement by Ultimate Consignee and Luxembourg Venezuela Purchaser (Form BXA–711P) as support Macedonia Vietnam Malawi Zimbabwe documentation. Consult §§ 748.9 and Maldives 748.11 of the EAR. Mali Supplement No. 3 to Part 740—Foreign Malta Government Agencies Responsible for PART 758Ð[AMENDED] Mauritius Issuing End-Use Certificates Pursuant Mauritania to § 745.2 21. Section 758.3 is amended by Mexico revising the phrase ‘‘that have the Israel Moldova (Republic of) Chemical, Environment Technology column identifier’’ in paragraph (h)(2) to Monaco Administration, Ministry of Industry & read ‘‘that are controlled for ‘‘CW’’ Mongolia Trade, 30 Agron Street, Jerusalem 94190, reasons or that have the column Morocco Israel identifier’’. Namibia Contact: Josef Dancona, Deputy Director, Nepal 22. Part 772 is amended by adding Telephone: 972–2–6220193, Fax: 972–2– definitions of ‘‘Chemical Weapons Netherlands 6241987 New Zealand Taiwan Convention (CWC)’’ and ‘‘Organization Niger Industrial Development Bureau, Ministry for the Prohibition of Chemical Norway of Economic Affairs, 41–3, Sinyi Road Weapons (OPCW)’’ in alphabetical order Oman Sec 3, Taipei, Taiwan, ROC to read as follows: Pakistan Contact: Ms. Yea-Ling Shiou, Telephone: Panama 886–2–27541255, Ext. 2329 PART 772Ð[AMENDED] Papua New Guinea Paraguay PART 748Ð[AMENDED] * * * * * Peru Chemical Weapons Convention Philippines 19. Section 748.8 is amended by Poland adding paragraph (q) to read as follows: (CWC). Means ‘‘The Convention on the Portugal Prohibition of the Development, Qatar § 748.8 Unique license application Production, Stockpiling and Use of Romania requirements. Chemical Weapons and on Their Russian Federation * * * * * Destruction’’, opened for signature on Saint Lucia (q) Exports of chemicals controlled for January 13, 1993. Saudi Arabia CW reasons by ECCN 1C350 to countries Senegal * * * * * not listed in Supplement No. 2 to part Organization for the Prohibition of Seychelles 745 of the EAR. Singapore Chemical Weapons (OPCW). Means the 20. Supplement No. 2 to part 748 is Slovak Republic international organization, located in amended by adding paragraph (q) to Slovenia The Hague, Netherlands, that read as follows: South Africa administers the Chemical Weapons Spain Supplement No. 2 to Part 748—Unique Convention. Sri Lanka License Application Requirements Suriname PART 774Ð[AMENDED] Swaziland (q) Chemicals controlled for CW Sweden reasons under ECCN 1C350. In addition 23. In Supplement No. 1 to part 774 Switzerland to any supporting documentation (the Commerce Control List), Category 1, Tajikistan required by part 748, you must also Tanzania is amended by revising ECCN 1C350 to obtain from your consignee an End-Use read as follows: Togo Certificate for the export of chemicals Trinidad and Tobago 1C350 Chemicals, that may be used as Tunisia controlled for CW reasons by ECCN precursors for toxic chemical agents. Turkey 1C350 (except 1C350.a.20., a.24, and Turkmenistan a.31) to non-States Parties (destinations License Requirements United Kingdom not listed in Supplement No. 2 to part Ukraine 745 of the EAR). See § 745.2 of the EAR. Reason for Control: CB, CW, AT

Control(s) Country chart

CB applies to entire entry ...... CB Column 2 CW applies to 1C350.a.2, a.3, a.5, a.6, a.7, a.8, a.10, a.11, a.12, a.13, a.15, a.16, a.17, a.20, a.21, a.22, a.23, a.24, a.28, a.29, a.30, a.31, a.32, a.33, a.35, a.37, a.41, a.47, a.48, a.49, a.50, a.51, a.53, or a.54. For 1C350.a.20, a.24 and a.31, a license is required for CW reasons for all destinations, including Canada. For all other chemicals controlled for CW reasons, a license is a required for export to countries not listed in Supplement No. 2 to part 745, unless an End-Use Certificate is obtained by the exporter. See § 742.18 of the EAR. Also, see § 745.2 of the EAR for End-Use Certificate requirements. The Commerce Country Chart is not designed to determine licensing requirements for items controlled for CW reasons. AT applies to entire entry ...... AT Column 1

License Requirement Notes without a license, as provided by the Ethyl-2-diisopropylaminoethyl following: methylphosphonite (QL) (C.A.S. 1. Sample Shipments: Certain sample a. Chemicals Not Eligible: The #57856–11–8), Ethylphosphonyl shipments of chemicals controlled following CWC Schedule 1 chemicals difluoride (C.A.S. #753–98–0), and under ECCN 1C350 may be made are not eligible for sample shipments: 0-

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Methylphosphonyl difluoride (C.A.S. Methylphosphonyl difluoride (C.A.S. b. of Note 2 constitutes more than 10 #676–99–3). #676–99–3); percent of the weight of the mixture. b. Countries Not Eligible: The b. A license is required when at least 3. Compounds. A license is not following countries are not eligible to one of the following chemicals required under this entry for chemical receive any sample shipments: Cuba, constitutes more than 10 percent of the compounds created with any chemicals Iran, Iraq, Libya, North Korea, Sudan, weight of the mixture: Arsenic identified in this entry, unless those Syria. trichloride (C.A.S. #7784–34–1), compounds are also identified in this c. Sample Shipments: A license is not Benzilic acid (C.A.S. #76–93–7), Diethyl entry. required for sample shipments when the # ethylphosphonate (C.A.S. 78–38–6), Technical Notes: 1. For purposes of this cumulative total of these shipments Diethyl methylphosphonite (C.A.S. # entry, a ‘‘mixture’’ is defined as a solid, does not exceed a 55-gallon container or 15715–41–0), Diethyl-N,N- liquid or gaseous product made up of two or 200 kg of each chemical to any one dimethylphosphoroamidate (C.A.S. more components that do not react together consignee per calendar year. Multiple #2404–03–7), N,N-Diisopropyl-beta- under normal storage conditions. sample shipments, in any quantity, not aminoethane thiol (C.A.S. #5842–07–9), 2. The scope of this control applicable to exceeding the totals indicated in this N,N-Diisopropyl-2-aminoethyl chloride Hydrogen Fluoride (Item 25 in List of Items paragraph may be exported without a hydrochloride (C.A.S. #4261–68–1), Controlled) includes its liquid, gaseous, and license, in accordance with the N,N-Diisopropyl-beta-aminoethanol aqueous phases, and hydrates. provisions of this Note 1. A consignee (C.A.S. #96–80–0), N,N-Diisopropyl- License Exceptions that receives a sample shipment under beta-aminoethyl chloride (C.A.S. #96– LVS: N/A. this exclusion may not resell, transfer, 79–7), Dimethyl ethylphosphonate GBS: N/A. or reexport the sample shipment, but (C.A.S. #6163–75–3), Dimethyl CIV: N/A. may use the sample shipment for any methylphosphonate (C.A.S. #756–79–6), other legal purpose unrelated to Ethylphosphonous dichloride List of Items Controlled chemical weapons. However, a sample [Ethylphosphinyl dichloride] (C.A.S. shipment exported and received under # Unit: Liters or kilograms, as 1498–40–4), Ethylphosphonus appropriate. this exclusion remains subject to all difluoride [Ethylphosphinyl difluoride] General Prohibitions including the end- # Related Controls: 1C350.a.20, a.24, (C.A.S. 430–78–4), Ethylphosphonyl and a.31 are CWC Schedule 1 chemicals use restriction described in § 744.4 of dichloride (C.A.S. #1066–50–8), the EAR. Sample shipments of (see § 742.18 of the EAR). The U.S. Methylphosphonous dichloride Government must provide advance chemicals controlled for CW reasons to [Methylphosphinyl dichloride] (C.A.S. non-States Parties (destinations not # notification and annual reports to the 676–83–5), Methylphosphonous OPCW of all exports of Schedule 1 listed in Supplement No. 2 to part 745 difluoride [Methylphosphinyl of the EAR) may not be made without # chemicals. See §§ 742.18 and 745.1 of difluoride] (C.A.S. 753–59–3), the EAR for notification and annual first obtaining an End-Use Certificate, as Methylphosphonyl dichloride (C.A.S. described in § 745.2 of the EAR. If no # report requirements. See also ECCN 676–97–1), Pinacolyl alcohol (C.A.S. 1C355. See 22 CFR part 121, Category End-Use Certificate is obtained pursuant #464–07–3), 3-Quinuclidinol (C.A.S. to § 745.2 of the EAR, a license is # XIV and § 121.7 for additional CWC 1619–34–7), and Thiodiglycol (C.A.S. Schedule 1 chemicals controlled by the required for sample shipments of #111–48–8) (Related ECCN: 1C995); chemicals controlled under ECCN Department of State. c. A license is required when at least Related Definitions: See § 770.2(k) of 1C350 for CW reasons. one of all other chemicals in the List of d. The exporter is required to submit the EAR for synonyms for the chemicals Items Controlled constitutes more than listed in this entry. a quarterly written report for shipments 25 percent of the weight of the mixture of samples made under this Note 1. The Items: (related ECCN: 1C995); and a. Precursor Chemicals, as follows: report must be on company letterhead d. A license is not required under this a.1. (C.A.S. #1341–49–7) Ammonium stationery (titled ‘‘Report of Sample entry for mixtures when the controlled hydrogen fluoride; Shipments of Chemical Precursors’’ at chemical is a normal ingredient in a.2. (C.A.S. #7784–34–1) Arsenic the top of the first page) and identify the consumer goods packaged for retail sale trichloride; chemical(s), Chemical Abstract Service for personal use. Such consumer goods a.3. (C.A.S. #76–93–7) Benzilic acid; Registry (C.A.S. ) number(s), are classified as EAR99. quantity(ies), the ultimate consignee’s a.4. (C.A.S. #107–07–3) 2- name and address, and the date Note to Mixtures: Calculation of Chloroethanol; concentrations of AG-controlled chemicals: a.5. (C.A.S. #78–38–6) Diethyl exported. The report must be sent to the a. Exclusion. No chemical may be added to U.S. Department of Commerce, Bureau ethylphosphonate; the mixture (solution) for the sole purpose of # of Export Administration, P.O. Box 273, circumventing the Export Administration a.6. (C.A.S. 15715–41–0) Diethyl Washington, DC 20044, Attn: ‘‘Report of Regulations; methylphosphonite; Sample Shipments of Chemical b. Absolute Weight Calculation. When a.7. (C.A.S. #2404–03–7) Diethyl-N,N- Precursors’’. calculating the percentage, by weight, of dimethylphosphoroamidate; 2. Mixtures: Mixtures controlled by components in a chemical mixture, include a.8. (C.A.S. #762–04–9) Diethyl this entry that contain certain all components of the mixture, including phosphite; those that act as solvents; a.9. (C.A.S. #100–37–8) N,N- concentrations of precursor and c. Example. intermediate chemicals are subject to Diethylaminoethanol; 11% chemical listed in paragraph b. of Note # the following licensing requirements: 2. a.10. (C.A.S. 5842–07–9) N,N- a. A license is required, regardless of 39% chemical not listed in Note 2 Diisopropyl-beta-aminoethane thiol; the concentrations in the mixture, for 50% Solvent a.11. (C.A.S. #4261–68–1) N,N- the following chemicals: 0-Ethyl-2- 100% Mixture Diisopropyl-beta-aminoethyl diisopropylaminoethyl 11/100=11% chemical listed in paragraph b. chloride hydrochloride; methylphosphonite (QL) (C.A.S. of Note 2. a.12. (C.A.S. #96–80–0) N,N- #57856–11–8), Ethylphosphonyl In this example, a license is required Diisopropyl-beta-aminoethanol; difluoride (C.A.S. #753–98–0) and because a chemical listed in paragraph a.13. (C.A.S. #96–79–7), N,N-

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Diisopropyl-beta-aminoethyl benzilate; bifluoride; chloride; a.28. (C.A.S. #667–83–5) Methyl a.44. (C.A.S. #143–33–9) Sodium a.14. (C.A.S. #108–18–9) Di- phosphonous dichloride [Methyl cyanide; isopropylamine; phosphinyl dicloride]; a.45. (C.A.S. #7681–49–4) Sodium a.15. (C.A.S. #6163–75–3) Dimethyl a.29. (C.A.S. #753–59–3) Methyl fluoride; ethylphosphonate; phosphonous difluoride [Methyl a.46. (C.A.S. #1313–82–2) Sodium a.16. (C.A.S. #756–79–6) Dimethyl phosphinyl difluoride]; sulfide; methylphosphonate; a.30. (C.A.S. #767–97–1) Methyl a.47. (C.A.S. #10025–67–9) Sulfur a.17. (C.A.S. #868–85–9) Dimethyl phosphonyl dichloride; monochloride; phosphite (dimethyl hydrogen a.31. (C.A.S. #676–99–3) Methyl a.48. (C.A.S. #10545–99–0) Sulfur phosphite); phosphonyl difluoride; dichloride; a.18. (C.A.S. #124–40–3) a.32 (C.A.S. #10025–87–3) a.49. (C.A.S. #111–48–8) Thiodiglycol; Dimethylamine; Phosphorus oxychloride; a.50. (C.A.S. #7719–09–7) Thionyl a.19. (C.A.S. #506–59–2) a.33. (C.A.S. #10026–13–8) chloride; Dimethylamine hydrochloride; Phosphorus pentachloride; a.51. (C.A.S. #102–71–6) # # a.20. (C.A.S. 57856–11–8) O-Ethyl-2- a.34. (C.A.S. 1314–80–3) Phosphorus Triethanolamine; diisopropylaminoethyl methyl pentasulfide; a.52. (C.A.S. #637–39–8) # phosphonite (QL); a.35. (C.A.S. 7719–12–2) Phosphorus Triethanolamine hydrochloride; # a.21. (C.A.S. 1498–40–4) Ethyl trichloride; a.53. (C.A.S. #122–52–1) Triethyl # phosphonous dichloride [Ethyl a.36. (C.A.S. 75–97–8) Pinacolone; phosphite; and phosphinyl dichloride]; a.37. (C.A.S. #464–07–3) Pinacolyl # # a.54. (C.A.S. 121–45–9) Trimethyl a.22. (C.A.S. 430–78–4) Ethyl alcohol; phosphite. phosphonus difluoride [Ethyl a.38. (C.A.S. #151–50–8) Potassium b. Reserved. phosphinyl difluoride]; cyanide; a.23. (C.A.S. #1066–50–8) Ethyl a.39. (C.A.S. #7789–23–3) Potassium 24–25. In Supplement No. 1 to part phosphonyl dichloride; fluoride; 774 (the Commerce Control List), a.24. (C.A.S. #753–98–0) Ethyl a.40. (C.A.S. #7789–29–9) Potassium Category 1 is amended by revising phosphonyl difluoride; bifluoride; ECCN 1C351 to read as follows: a.25. (C.A.S. #7664–39–3) Hydrogen a.41. (C.A.S. #1619–34–7) 3- 1C351 Human pathogens, zoonoses, and fluoride; Quinuclidinol; ``toxins''. a.26. (C.A.S. #3554–74–3) 3-Hydroxyl- a.42. (C.A.S. #3731–38–2) 3- l-methylpiperidine; Quinuclidone; License Requirements a.27. (C.A.S. #76–89–1) Methyl a.43. (C.A.S. #1333–83–1) Sodium Reason for Control: CB, CW, AT.

Control(s) Country chart

CB applies to entire entry ...... CB Column 1 CW applies to 1C351.d.5 and d.6. See § 742.18 of the EAR for licensing information pertaining to chemicals subject to restriction pursuant to the CWC. The Commerce Country Chart is not designed to determine licensing requirements for items controlled for CW reasons. AT applies to entire entry ...... AT Column 1

License Exceptions is defined as an antibody-toxin a.17. Venezuelan equine encephalitis LVS: N/A. conjugate intended to destroy specific virus; GBS: N/A. target cells (e.g., tumor cells) that bear a.18. Western equine encephalitis CIV: N/A. antigens homologous to the antibody. virus; (2) For the purposes of this entity a.19. White pox; or List of Items Controlled ‘‘subunit’’ is defined as a portion of the a.20. Yellow fever virus. Unit: Liters or kilograms, as ‘‘toxin’’. b. Rickettsiae, as follows: appropriate. Items: b.1. Bartonella quintana (Rochalimea Related Controls: 1C351.d.5. and d.6 a. Viruses, as follows: quintana, Rickettsia quintana); are CWC Schedule 1 chemicals (see a.1. Chikungunya virus; b.2 Coxiella burnetii; § 742.18 of the EAR). a.2. Congo-Crimean haemorrhagic b.3. Rickettsia prowasecki; or b.4. Rickettsia rickettsii. a.7. Japanese encephalitis virus; fever virus; c. Bacteria, as follows: a.8. Junin virus; a.3. Dengue fever virus; a.4. Eastern equine encephalitis virus; c.1. Bacillus anthracis; The U.S. Government must provide a.5. Ebola virus; c.2. Brucella abortus; advance notification and annual reports a.6. Hantaan virus; c.3. Brucella melitensis; to the OPCW of all exports of Schedule a.9. Lassa fever virus; c.4. Brucella suis; 1 chemicals. See § 743.2 of the EAR for a.10. Lymphocytic choriomeningitis c.5. Burkholderia mallei notification procedures. See 22 CFR part virus; (Pseudomonas mallei); 121, Category XIV and § 121.7 for a.11. Machupo virus; c.6. Burkholderia pseudomallei additional CWC Schedule 1 chemicals a.12. Marburg virus; (Pseudomonas pseudomallei); controlled by the Department of State. a.13. Monkey pox virus; c.7. Chlamydia psittaci; All vaccines and ‘‘immunotoxins’’ are a.14. Rift Valley fever virus; c.8. Clostridium botulinum; excluded from the scope of this entry. a.15. Tick-borne encephalitis virus c.9. Francisella tularensis; See also 1C991. (Russian Spring-Summer c.10. Salmonella typhi; Related Definitions: (1) For the encephalitis virus); c.11. Shigella dysenteriae; purposes of this entry ‘‘immunotoxin’’ a.16. Variola virus; c.12. Vibrio cholerae;

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c.13. Yersinia pestis. part 744 of the EAR and the restrictions 745.2 of the EAR for End-Use d. ‘‘Toxins’’, as follows: and subunits that apply to embargoed countries in Certification requirements. See 22 CFR thereof: part 746 of the EAR). part 121, Category XIV and § 121.7 for d.1. Botulinum toxins; 4. Mixtures: Mixtures controlled by chloropicrin d.2. Clostridium perfringens toxins; this entry that contain certain (trichloronitromethane)(76–06–2) d.3. Conotoxin; concentrations of precursor and (Schedule 3). Mixtures containing d.4. Microcystin (cyanginosin); intermediate chemicals are subject to chloropicrin (trichloronitromethane) d.5. Ricin; the following requirements: that have been transferred to the d.6. Saxitoxin; a. Mixtures are controlled under this Department of Commerce from the d.7. Shiga toxin; entry when containing at least one of Department of State through a d.8. Staphylococcus aureus toxins; the chemicals controlled under 1C355.a commodity jurisdiction determination d.9. ; when the chemical constitutes more are controlled under this entry unless d.10. Verotoxin; or than 10 percent of the weight of the d.11. Aflatoxins. exempt by paragraph 4.b. of Licensing mixture. Requirements Notes. 26. In Supplement No. 1 to part 774 b. Mixtures are controlled under this Related Definitions: N/A. (the Commerce Control List), Category 1 entry when containing at least one of Items: is amended by adding new ECCN 1C355 the chemicals controlled under 1C355.b a. CWC Schedule 2 chemicals: to read as follows: when the chemical constitutes more a.1. Toxic chemicals: 1C355 Chemical Weapons Convention than 25 percent of the weight of the a.1.a. PFIB: 1,1,3,3,3-Pentafluoro-2- (CWC) Schedule 2 and 3 chemicals and mixture. (trifluoromethyl)-1-propene (382– families of chemicals, not controlled by c. Mixtures containing chemicals 21–8);] ECCN 1C350 or by the Department of State identified in this entry are not a.1.b. [Reserved] under the ITAR. controlled by ECCN 1C355 when the a.2. Precursors: controlled chemical is a normal License Requirements a.2.a. FAMILY: Chemicals except for ingredient in consumer goods packaged those listed in Schedule 1, Reason for Control: CW. for retail sale for personal use. Such containing a phosphorus atom to Control(s) consumer goods are classified as EAR99. which is bonded one methyl, ethyl, or propyl (normal or iso) group with CW applies to entire entry. A license Note to mixtures: Calculation of concentrations. no additional carbon atoms in the is required for CW reasons only to CWC a. Exclusion. No chemical may be added to structure; non-States Parties (destinations not the mixture (solution) for the sole purpose of Note: 1C355.a.2.a does not control Fonofos: listed in Supplement No. 2 to part 745), circumventing the Export Administration O-Ethyl S-phenyl unless an End-Use Certificate is Regulations; ethylphosphonothiolothionate (944–22–9). obtained by the exporter (see § 742.18 of b. Absolute Weight Calculation. When a.2.b. FAMILY: N,N-Dialkyl (Me, Et, the EAR). See § 745.2 of the EAR for calculating the percentage, by weight, of n-Pr or i-Pr) phosphoramidic End-Use Certificate requirements, and components in a chemical mixture, include dihalides; the License Requirements Notes of this all components of the mixture, including a.2.c. FAMILY: Dialkyl (Me, Et, n-Pr entry. Also note the export clearance those that act as solvents; c. Example. or i-Pr) N,N-dialkyl (Me, Et, n-Pr, or requirements of § 758.3 of the EAR. The 11% chemical listed in 1C355.a i-Pr)-phosphoramidates; Commerce Country Chart is not 39% chemical not listed in 1C355.a a.2.d. FAMILY: N,N-Dialkyl (Me, Et, designed to determine licensing 50% Solvent n-Pr or i-Pr) aminoethyl-2-clorides requirements for items controlled for 100% Mixture and corresponding protonated salts; CW reasons. 11/100 = 11% chemical listed in 1C355.a a.2.e. FAMILY: N,N-Dialkyl (Me, Et, License Requirements Notes In this example, the mixture is n-Pr or i-Pr) aminoethane-2-ols and 1. Chemicals listed in this entry may controlled under this entry because a corresponding protonated salts; be shipped NLR (No License Required) chemical listed in 1C355.a. constitutes Note: 1C355.a.2.e. does not control N,N- when destined to most CWC States more than 10 percent of the weight of Dimethylaminoethanol and corresponding Parties (countries listed in Supplement the mixture. protonated salts (108–01–0) or N,N- No. 2 to part 745). Also see License 5. Compounds. Compounds created Diethylaminoethanol and corresponding protonated salts (100–37–8). Requirement Note 3. with any chemicals identified in this 2. Chemicals listed in this entry may ECCN 1C355 may be shipped NLR, a.2.f. FAMILY: N,N-Dialkyl (Me, Et, n- be shipped NLR when destined to most unless those compounds are also Pr or i-Pr) aminoethane-2-thiols and non-States Parties (destinations not identified in this entry. corresponding protonated salts; listed in Supplement No. 2 to part 745) Technical Notes: For purposes of this b. CWC Schedule 3 chemicals: if supported by an End-Use Certificate entry, a ‘‘mixture’’ is defined as a solid, b.1. Toxic chemicals: described by § 745.2 of the EAR and if liquid or gaseous product made up of two or b.1.a. Phosgene: Carbonyl dichloride the ECCN is indicated on the Shipper’s more components that do not react together (75–44–5); under normal storage conditions. Export Declaration in the appropriate b.1.b. Cyanogen chloride (506–77–4); space as provided in § 758.3 of the EAR. License Exceptions b.1.c. Hydrogen cyanide (74–90–8). Chemicals listed in this entry require a LVS: N/A. b.2. Precursors: license when exported to non-States GBS: N/A. b.2.a. Ethyldiethanolamine (139–87– Parties if the export is not supported by CIV: N/A. 7); an End-Use Certificate described by b.2.b. Methyldiethanolamine (105– § 745.2 of the EAR. List of Items Controlled 59–9). 3. Chemicals listed in this entry may Unit: Liters or kilograms, as b.3. Mixtures containing chloropicrin not be shipped NLR if restrictions of appropriate. (trichloronitromethane)(76–06–2) other sections of the EAR apply (e.g., see Related Controls: See also ECCNs transferred from the Department of the end-use and end-user restrictions of 1C350 and 1C351. See §§ 742.18 and State (see Related Controls).

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27. In Supplement No. 1 to part 774 1E001 ``Technology'' according to the is amended by adding new ECCN 1E355 (the Commerce Control List), Category 1, General Technology Note for the to read as follows: is amended by revising the heading of ``development'' or ``production'' of items controlled by 1A001.b., 1A001.c., 1A002, ECCN 1E001 to read as follows: 1E355 Technology for the production of 1A003, 1A005, 1A102, 1B or 1C (except Chemical Weapons Convention (CWC) 1C355, 1C980, 1C981, 1C982, 1C983, 1C984, Schedule 2 and 3 chemicals, as follows (see 1C988, 1C991, 1C992, 1C993, 1C994 and List of Items Controlled): 1C995). * * * * * License Requirements 28. In Supplement No. 1 to part 774 Reason for Control: CW, AT. (the Commerce Control List), Category 1

Control(s) Country chart

SW applies to entire entry. A license is required for CW reasons to CWC non-States Parties (destinations not listed in Supplement No. 2 to part 745), except for Israel and Taiwan. See § 472.18 of the EAR. The Commerce Country Chart is not designed to determine licensing require- ments for items controlled for SW reasons. AT applies to the entire entry ...... AT Column 1

License Exceptions a. Technology for the production of b.1. Phosgene: Carbonyl dichloride (75– the following CWC Schedule 2 toxic 44–5); TSR: N/A. chemicals: b.2. Cyanogen chloride (506–77–4); CIV: N/A. a.1. PFIB: 1,1,3,3,3-Pentafluoro-2- b.3. Hydrogen cyanide (74–90–8). List of Items Controlled (trifluoromethyl)-1-propene (382– Dated: May 11, 1999. 21–8); R. Roger Majak, Unit: N/A. a.2. [Reserved] Assistant Secretary for Export Related Controls: N/A. b. Technology for the production of Administration. Related Definitions: N/A. the following CWC Schedule 3 toxic [FR Doc. 99–12281 Filed 5–17–99; 8:45 am] Items: chemicals CWC: BILLING CODE 3510±33±P

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