[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR742.18]
[Page 306-307]
TITLE 15--COMMERCE AND FOREIGN TRADE
CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
PART 742--CONTROL POLICY--CCL BASED CONTROLS--Table of Contents
Sec. 742.18 Chemical Weapons Convention (CWC or Convention).
States that are parties to the Convention on the Prohibition of the
Development, Production, Stockpiling, and Use of Chemical Weapons and on
Their Destruction, also known as the Chemical Weapons Convention (CWC or
Convention), undertake never to develop, produce, acquire, stockpile,
transfer, or use chemical weapons. As a State Party to the Convention,
the United States is subjecting certain toxic chemicals and their
precursors listed in Schedules within the Convention to trade
restrictions. Trade restrictions include: a prohibition on the export of
Schedule 1 chemicals to States not Party to the CWC; a prohibition on
the reexport of Schedule 1 chemicals to all destinations (both States
Parties to the CWC and States not Party to the CWC); license
requirements for the export of Schedule 1 chemicals to all States
Parties; a prohibition on the export of Schedule 2 chemicals to States
not Party to the CWC; and an End-Use Certificate requirement for exports
of Schedule 3 chemicals to States not Party to the CWC. Exports of CWC
chemicals that do not require a license for CW reasons (e.g., exports
and reexports of Schedule 2 and Schedule 3 chemicals to States Parties
to the CWC) may require a license for other reasons set forth in the
EAR. (See, in particular, the license requirements in Sec. 742.2 of the
EAR that apply to exports and reexports of chemicals and precursors
controlled by ECCN 1C350, for CB reasons. Also note the end-use and end-
user restrictions in part 744 of the EAR and the restrictions that apply
to embargoed countries in part 746 of the EAR.)
(a) License requirements. (1) Schedule 1 chemicals under ECCN 1C350
or ECCN 1C351. A license is required for CW reasons to export or
reexport Schedule 1 chemicals controlled under ECCN 1C350.a.20, a.24, or
a.31 or ECCN 1C351.d.5 or d.6 to all destinations including Canada. CW
applies to 1C351.d.5 for ricin in the form of Ricinus Communis
AgglutininII (RCAII), which is also known as ricin
D or Ricinus Communis LectinIII (RCLIII), and
Ricinus Communis LectinIV (RCLIV), which is also
known as ricin E. CW applies to 1C351.d.6 for saxitoxin identified by
C.A.S. 35523-89-8. (Note that the advance notification procedures and
annual reporting requirements described in Sec. 745.1 of the EAR also
apply to exports of Schedule 1 chemicals.)
(2) Schedule 2 and 3 chemicals controlled under ECCN 1C350, ECCN
1C355, or ECCN 1C995. (i) States Parties to the CWC. Neither a license
nor an End-Use Certificate is required for CW reasons to export or
reexport Schedule 2 and 3 chemicals controlled under ECCN 1C350, ECCN
1C355, or 1C995.b to States Parties to the CWC (destinations listed in
Supplement No. 2 to part 745 of the EAR).
(ii) States not Party to the CWC. (A) Schedule 2 chemicals. A
license is required for CW reasons to export or reexport Schedule 2
chemicals controlled under ECCN 1C350, ECCN 1C355, or ECCN 1C995.b to
States not Party to the CWC (destinations not listed in Supplement No. 2
to part 745 of the EAR).
(B) Schedule 3 chemicals. (1) Exports. A license is required for CW
reasons to export Schedule 3 chemicals controlled under ECCN 1C350, ECCN
1C355, or ECCN 1C995.b to States not Party to the CWC (destinations not
listed in Supplement No. 2 to Part 745 of the EAR), unless the exporter
obtains from the consignee an End-Use Certificate (issued by the
government of the importing country) prior to exporting the Schedule 3
chemicals and submits it to BXA in accordance with the procedures
described in Sec. 745.2 of the EAR. Note, however, that obtaining an
End-Use Certificate does not relieve the exporter from the
responsibility of complying with other license requirements set forth
elsewhere in the EAR.
(2) Reexports. Neither a license nor an End-Use Certificate is
required for CW reasons to reexport Schedule 3 chemicals controlled
under ECCN 1C350, ECCN 1C355, or ECCN 1C995.b from States Parties to the
CWC (destinations listed in Supplement No. 2 to part
[[Page 307]]
745 of the EAR) to States not Party to the CWC. However, a license may
be required for other reasons set forth elsewhere in the EAR. In
addition, please note that reexports of Schedule 3 chemicals may be
subject to an End-Use Certificate requirement by governments of other
countries when the chemicals are destined for States not Party to the
CWC.
(C) Technology controlled under ECCN 1E355. A license is required
for CW reasons to export or reexport technology controlled under ECCN
1E355 to all States not Party to the CWC (destinations not listed in
Supplement No. 2 to part 745 of the EAR), except for Israel and Taiwan.
(b) Licensing policy. (1) Schedule 1 chemicals--(i) Exports to
States Parties to the CWC. Applications to export Schedule 1 chemicals
controlled under ECCN 1C350 or ECCN 1C351 to States Parties to the CWC
(destinations listed in Supplement No. 2 to part 745 of the EAR)
generally will be denied, unless all of the following conditions are
met:
(A) The chemicals are destined only for purposes not prohibited
under the CWC (i.e., research, medical, pharmaceutical, or protective
purposes);
(B) The types and quantities of chemicals are strictly limited to
those that can be justified for those purposes;
(C) The Schedule 1 chemicals were not previously imported into the
United States (this does not apply to Schedule 1 chemicals imported into
the United States prior to April 29, 1997, or imported into the United
States directly from the same State Party to which they now are to be
returned, i.e., exported); and
(D) The aggregate amount of Schedule 1 chemicals in the country of
destination at any given time is equal to or less than one metric ton
and receipt of the proposed export will not cause the country of
destination to acquire or to have acquired one metric ton or more of
Schedule 1 chemicals in any calendar year.
(ii) Exports to States not Party to the CWC. Applications to export
Schedule 1 chemicals controlled under ECCN 1C350 or ECCN 1C351 to States
not Party to the CWC (destinations not listed in Supplement No. 2 to
part 745 of the EAR) generally will be denied, consistent with U.S.
obligations under the CWC to prohibit exports of these chemicals to
States not Party to the CWC.
(iii) Reexports. Applications to reexport Schedule 1 chemicals
controlled under ECCN 1C350 or ECCN 1C351 generally will be denied to
all destinations (including both States Parties to the CWC and States
not Party to the CWC).
(2) Schedule 2 chemicals. Applications to export or reexport
Schedule 2 chemicals controlled under ECCN 1C350, ECCN 1C355, or ECCN
1C995.b to States not Party to the CWC (destinations not listed in
Supplement No. 2 to part 745) generally will be denied, consistent with
U.S. obligations under the CWC to prohibit exports of these chemicals to
States not Party to the CWC.
(3) Schedule 3 chemicals. Applications to export Schedule 3
chemicals controlled under ECCN 1C350, ECCN 1C355, or ECCN 1C995.b to
States not Party to the CWC (destinations not listed in Supplement No. 2
to part 745) generally will be denied.
(4) Technology controlled under ECCN 1E355. Exports and reexports of
technology controlled under ECCN 1E355 will be reviewed on a case-by-
case basis.
(c) Contract sanctity. Contract sanctity provisions are not
available for license applications reviewed under this section.
[66 FR 49524, Sept. 28, 2001]