[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR716.6]

[Page 149-150]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 716_INITIAL AND ROUTINE INSPECTIONS OF DECLARED FACILITIES--Table of Contents
 
Sec.  716.6  Facility agreements.

    (a) Description and requirements. A facility agreement is a site-
specific agreement between the U.S. Government and the OPCW. Its purpose 
is to define procedures for inspections of a specific declared facility 
that is subject to inspection because of the type or amount of chemicals 
it produces, processes or consumes.
    (1) Schedule 1 facilities. The Convention requires that facility 
agreements be concluded between the United States and the OPCW for all 
declared Schedule 1 facilities.
    (2) Schedule 2 plant sites. The USNA will ensure that such facility 
agreements are concluded with the OPCW unless the owner, operator, 
occupant or agent in charge of the plant site and the OPCW Technical 
Secretariat agree that such a facility agreement is not necessary.
    (3) Schedule 3 and unscheduled discrete organic chemical plant 
sites. If the owner, operator, occupant or agent in charge of a declared 
Schedule 3 or unscheduled discrete organic chemical plant site requests 
a facility agreement, the USNA will ensure that a facility agreement for 
such a plant site is concluded with the OPCW.
    (b) Notification; negotiation of draft and final facility 
agreements; and conclusion of facility agreements. Prior to the 
development of a facility agreement, the Department of Commerce shall 
notify the owner, operator, occupant, or agent in charge of the 
facility, and if the owner, operator, occupant or agent in charge so 
requests, the notified person may participate in preparations with 
Department of Commerce representatives for the negotiation of such an 
agreement. During the initial inspection of a declared facility, the 
Inspection Team and the Host Team will negotiate a draft facility 
agreement. To the maximum extent practicable consistent with the 
Convention, the owner and the operator, occupant or agent in charge of 
the facility may observe facility agreement negotiations between the 
U.S. Government and OPCW. As a general rule, BIS will consult with the 
affected facility on the contents of the agreements and take facility 
comments into consideration during negotiations. The Department

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of Commerce will participate in the negotiation of, and approve, all 
final facility agreements with the OPCW. Facilities will be notified of 
and have the right to observe final facility agreement negotiations 
between the United States and OPCW to the maximum extent practicable, 
consistent with the Convention. Prior to the conclusion of a final 
facility agreement, the affected facility will have an opportunity to 
comment on the facility agreement. BIS will give consideration to such 
comments prior to approving final facility agreements with the OPCW. The 
United States National Authority shall ensure that facility agreements 
for Schedule 1, Schedule 2, Schedule 3 and unscheduled discrete organic 
chemical facilities are concluded, as appropriate, with the OPCW in 
coordination with the Department of Commerce.
    (c) Format and content. Schedule 1 and Schedule 2 model facility 
agreements are included in Supplement No. 2 and Supplement No. 3 to this 
part. These model facility agreements implement the general provisions 
of the Convention pertaining to inspections, including health and safety 
procedures, confidentiality of information, media and public relations, 
information about the facility, inspection equipment, pre-inspection 
activities, conduct of the inspection (including access to and 
inspection of areas, buildings and structures, access to and inspection 
of records and documentation, arrangements for interviews of facility 
personnel, photographs, sampling, and measurements), and logistical 
arrangements for the inspectors, such as communications and lodging. 
Attachments to the facility agreements will provide site-specific 
information such as working hours, special safety and health procedures, 
as well as site-specific agreements as to documents and records to be 
provided, specific areas of a facility to be inspected, site diagrams, 
sampling, photography, interview procedures, use of inspection 
equipment, procedures for protection of confidential business 
information, and administrative arrangements.
    (d) Further information. For further information about facility 
agreements, please write or call: Inspection Management Team, Bureau of 
Industry and Security, U.S. Department of Commerce, 14th Street and 
Pennsylvania Avenue, N.W., Room 6087B, Washington, D.C. 20230-0001, 
Telephone: (202) 482-6114.