[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: 15CFR742.18]

[Page 309-311]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, 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

[[Page 310]]

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 precursor chemicals 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 and mixtures 
controlled under ECCN 1C350 or ECCN 1C351. A license is required for CW 
reasons to export or reexport Schedule 1 chemicals and mixtures 
controlled under ECCN 1C350.a or Schedule 1 chemicals controlled under 
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 and mixtures controlled under ECCN 
1C350, ECCN 1C355, or ECCN 1C395. (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 or 3 chemicals and mixtures controlled 
under ECCN 1C350, ECCN 1C355, or ECCN 1C395 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 and mixtures controlled under ECCN 1C350.b, ECCN 1C355.a, or 
ECCN 1C395 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 and mixtures controlled under 
ECCN 1C350.c, ECCN 1C355.b, or ECCN 1C395.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 BIS 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. (i) Reexports from States Parties to the CWC. Neither 
a license nor an End-Use Certificate is required for CW reasons to 
reexport Schedule 3 chemicals and mixtures controlled under ECCN 
1C350.c, ECCN 1C355.b, or ECCN 1C395.b from States Parties to the CWC 
(destinations listed in Supplement No. 2 to part 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, 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.
    (ii) Reexports from States not Party to the CWC. A license is 
required for CW reasons to reexport Schedule 3 chemicals and mixtures 
controlled under ECCN 1C350.c, ECCN 1C355.b, or ECCN 1C395.b from a 
State not Party to the CWC (a destination not listed in Supplement No. 2 
to part 745 of the EAR) to any other State 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 and mixtures. (i) 
Exports to States Parties to the CWC. Applications

[[Page 311]]

to export Schedule 1 chemicals and mixtures controlled under ECCN 
1C350.a or Schedule 1 chemicals controlled under ECCN 1C351.d.5 or d.6 
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 and mixtures controlled under ECCN 1C350.a or 
Schedule 1 chemicals controlled under ECCN 1C351.d.5 or d.6 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 and 
mixtures controlled under ECCN 1C350.a or Schedule 1 chemicals 
controlled under ECCN 1C351.d.5 or d.6 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 and mixtures. Applications to export or 
reexport Schedule 2 chemicals and mixtures controlled under ECCN 
1C350.b, ECCN 1C355.a, or ECCN 1C395 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.
    (3) Schedule 3 chemicals and mixtures. (i) Exports. Applications to 
export Schedule 3 chemicals and mixtures controlled under ECCN 1C350.c, 
ECCN 1C355.b, or ECCN 1C395.b to States not Party to the CWC 
(destinations not listed in Supplement No. 2 to part 745 of the EAR) 
generally will be denied.
    (ii) Reexports from States not Party to the CWC. Applications to 
reexport Schedule 3 chemicals and mixtures controlled under ECCN 
1C350.c, ECCN 1C355.b, or ECCN 1C395.b from a State not Party to the CWC 
(a destination not listed in Supplement No. 2 to part 745 of the EAR) to 
any other State not Party to the CWC 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.

[67 FR 37982, May 31, 2002]