[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: 15CFR745.1]

[Page 346-347]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 745--CHEMICAL WEAPONS CONVENTION REQUIREMENTS--Table of Contents
 
Sec. 745.1  Advance notification and annual report of all exports of Schedule 1 chemicals to other States Parties.

    Pursuant to the Convention, the United States is required to notify 
the Organization for the Prohibition of Chemical Weapons (OPCW) not less 
than 30 days in advance of every export of a Schedule 1 chemical, in any 
quantity, to another State Party. In addition, the United States is 
required to provide a report of all exports of Schedule 1 chemicals to 
other States Parties during each calendar year. If you plan to export 
any quantity of a Schedule 1 chemical controlled under the EAR and 
licensed by the Department of Commerce or controlled under the 
International Traffic in Arms Regulations (ITAR) and licensed by the 
Department of State, you are required under this section to notify the 
Department of Commerce in advance of this export. You are also required 
to provide an annual report of exports that actually occurred during the 
previous calendar year. The United States will transmit the advance 
notifications and an aggregate annual report to the OPCW of exports of 
Schedule 1 chemicals from the United States. Note that the notification 
and annual report requirements of this section do not relieve the 
exporter of any requirement to obtain a license from the Department of 
Commerce for the export of Schedule 1 chemicals subject to the EAR or 
from the Department of State for the export of Schedule 1 chemicals 
subject to the ITAR.
    (a) Advance notification of exports. You must notify BXA at least 45 
calendar days prior to exporting any quantity of a Schedule 1 chemical 
listed in Supplement No. 1 to this part to another State Party. This is 
in addition to the requirement to obtain an export license under the EAR 
for chemicals controlled by ECCN 1C350 or 1C351 for any reason for 
control, or from the Department of State for Schedule 1 chemicals 
controlled under the ITAR. Note that such notifications may be sent to 
BXA prior to or after submission of a license application to BXA for 
Schedule 1 chemicals controlled subject to the EAR and under ECCNs 1C350 
or 1C351 or to the Department of State for Schedule 1 chemicals 
controlled on the ITAR. Such notices must be submitted separately from 
license applications.
    (1) Such notification should be on company letterhead or must 
clearly identify the reporting entity by name of company, complete 
address, name of contact person and telephone and fax numbers, along 
with the following information:
    (i) Common Chemical Name;
    (ii) Structural formula of the chemical;
    (iii) Chemical Abstract Service (CAS) Registry Number;
    (iv) Quantity involved in grams;
    (v) Planned date of export;
    (vi) Purpose (end-use) of export;
    (vii) Name of recipient;
    (viii) Complete street address of recipient;
    (ix) Export license or control number, if known; and
    (x) Company identification number, once assigned by BXA.

[[Page 347]]

    (2) Send the notification by fax to (703) 235-1481 or to the 
following address, for mail and courier deliveries: Information 
Technology Team, Department of Commerce, Bureau of Export 
Administration, 1555 Wilson Boulevard, Suite 710, Arlington, VA 22209. 
Attn: ``Advance Notification of Schedule 1 Chemical Export''.
    (3) Upon receipt of the notification, BXA will inform the exporter 
of the earliest date the shipment may occur under the notification 
procedure. To export the Schedule 1 chemical, the exporter must have 
applied for and been granted a license (see Secs. 742.2 and 742.18 of 
the EAR, or the ITAR at 22 CFR part 121.
    (b) Annual report of exports. (1) You must report all exports of any 
quantity of a Schedule 1 chemical to another State Party during the 
previous calendar year, starting with exports taking place during 
calendar year 1997. Reports for exports during calendar years 1997 and 
1998 are due to the Department of Commerce August 16, 1999. Thereafter, 
annual reports of exports are due on February 13 of the following 
calendar year. The report should be on company letterhead or must 
clearly identify the reporting entity by name of company, complete 
address, name of contact person and telephone and fax numbers along with 
the following information for each export:
    (i) Common Chemical Name;
    (ii) Structural formula of the chemical;
    (iii) CAS Registry Number;
    (iv) Quantity involved in grams;
    (v) Date of export;
    (vi) Export license number;
    (vii) Purpose (end-use) of export;
    (viii) Name of recipient;
    (ix) Complete address of recipient, including street address, city 
and country; and (x) Company identification number, once assigned by 
BXA.
    (2) The report must be signed by a responsible party, certifying 
that the information provided in the annual report is, to the best of 
his/her knowledge and belief, true and complete.
    (3) Send the report by fax to (703) 235-1481 or to the following 
address, for mail and courier deliveries: Information Technology Team, 
Department of Commerce, Bureau of Export Administration, 1555 Wilson 
Boulevard, Suite 710, Arlington, VA 22209. Attn: ``Annual Report of 
Schedule 1 Chemical Export''.

[64 FR 27143, May 18, 1999, as amended at 64 FR 28909, May 28, 1999; 65 
FR 12923, Mar. 10, 2000]