BIS Considers Reducing Dec/Reporting Exemption Levels for Sch. 3 Chemicals
The Bureau of Industry and Security has issued a Notice of Inquiry seeking comments by August 12, 2011, on the impact of amending the Chemical Weapons Convention (CWC) Regulations to reduce to 30% (from 80%) the concentration level for certain Schedule 3 chemical mixtures that trigger an exemption from (i) the declaration requirements that apply to production and (ii) the reporting requirements that apply to exports and imports. If these changes are implemented, additional declarations and reports would need to be filed for Schedule 3 chemicals.
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(Implementation of the reduced concentration level for declaration requirements in the CWC Regulations would require legislative amendment of the Chemical Weapons Convention Implementation Act (CWCIA). Implementation of the changes to reporting requirements would be made consistent with U.S. national discretion.)
Schedule 3 Chemicals Not Currently Required to be Reported if <80% by Weight or Volume
Currently, the CWC Regulations do not require the quantity of a Schedule 3 chemical contained in a mixture to be counted for declaration or reporting purposes if the concentration of the Schedule 3 chemical in the mixture is “less than 80%” by volume or weight (whichever yields the lesser percent).
30% Exemption Level for Declarations Would Conform to OPCW
BIS is considering amending the CWC Regulations declaration requirements that apply to the production of Schedule 3 chemicals to conform with the low concentration exemption adopted by the Organization for the Prohibition of Chemical Weapons (OPCW) in 2003, which applies when the concentration of any single Schedule 3 chemical in a mixture is “30% or less,” by weight or volume (whichever yields the lesser percent).
30% Exemption Level Would also Apply for Import/Export Reporting
BIS is also considering amending the CWC Regulations reporting requirements for exports and imports of Schedule 3 chemicals by reducing the low concentration exemption that applies to certain mixtures containing Schedule 3 chemicals from the current low concentration level of “less than 80%” of a Schedule 3 chemical by volume or weight (whichever yields the lesser percent) to a concentration of “30% or less.”
(See ITT's Online Archives or 07/13/11 news, 11071319, for BP summary of BIS requesting comments on the impact of reducing the mixture concentration exemption threshold for commercial Schedule 2A activities.)
BIS Contacts-
On CWC Requirements: Douglas Brown (202) 482-2163
On Submission of Comments: Willard Fisher (202) 482-2440
CWC Regulations, including declaration/reporting requirements, are available here.