[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: 15CFR721.2]

[Page 191-192]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 721_INSPECTION OF RECORDS AND RECORDKEEPING--Table of Contents
 
Sec.  721.2  Recordkeeping.

    (a) General. Each facility required to submit a declaration, report 
or notification under parts 712 through 715 of this subchapter must 
retain all supporting materials and documentation used by a unit, plant, 
facility and plant site to prepare such declaration, report or 
notification to determine production, processing, consumption, export or 
import of chemicals.
    (b) Five year retention period. All supporting materials and 
documentation required to be kept under paragraph (a) of this section 
must be retained for five years from the due date of the applicable 
declaration, report, or notification, or for five years from the date of 
submission of the applicable declaration, report or notification, 
whichever is later. Due dates for declarations, reports and 
notifications are provided in parts 712 through 715 of this subchapter.
    (c) Location of records. If a facility is subject to inspection 
under part 716 of this subchapter, records retained under this section 
must be maintained at the facility or must be accessible electronically 
at the facility for purposes of inspection of the facility by Inspection 
Teams. If a facility is not subject to inspection under part 716 of this 
subchapter, records retained under this section may be maintained either 
at the facility subject to a declaration, report, or notification 
requirement, or at a remote location, but all records must be accessible 
to any authorized agent, official or employee of the U.S. Government 
under Sec.  721.1.
    (d) Reproduction of original records. (1) You may maintain 
reproductions instead of the original records provided all of the 
requirements of paragraph (b) of this section are met.
    (2) If you must maintain records under this part, you may use any 
photostatic, miniature photographic, micrographic, automated archival 
storage, or other process that completely,

[[Page 192]]

accurately, legibly and durably reproduces the original records (whether 
on paper, microfilm, or through electronic digital storage techniques). 
The process must meet all of the following requirements, which are 
applicable to all systems:
    (i) The system must be capable of reproducing all records on paper.
    (ii) The system must record and be able to reproduce all marks, 
information, and other characteristics of the original record, including 
both obverse and reverse sides (unless blank) of paper documents in 
legible form.
    (iii) When displayed on a viewer, monitor, or reproduced on paper, 
the records must exhibit a high degree of legibility and readability. 
For purposes of this section, legible and legibility mean the quality of 
a letter or numeral that enable the observer to identify it positively 
and quickly to the exclusion of all other letters or numerals. Readable 
and readability mean the quality of a group of letters or numerals being 
recognized as complete words or numbers.
    (iv) The system must preserve the initial image (including both 
obverse and reverse sides, unless blank, of paper documents) and record 
all changes, who made them and when they were made. This information 
must be stored in such a manner that none of it may be altered once it 
is initially recorded.
    (v) You must establish written procedures to identify the 
individuals who are responsible for the operation, use and maintenance 
of the system.
    (vi) You must keep a record of where, when, by whom, and on what 
equipment the records and other information were entered into the 
system.
    (3) Requirements applicable to a system based on digital images. For 
systems based on the storage of digital images, the system must provide 
accessibility to any digital image in the system. The system must be 
able to locate and reproduce all records according to the same criteria 
that would have been used to organize the records had they been 
maintained in original form.
    (4) Requirements applicable to a system based on photographic 
processes. For systems based on photographic, photostatic, or miniature 
photographic processes, the records must be maintained according to an 
index of all records in the system following the same criteria that 
would have been used to organize the records had they been maintained in 
original form.