PART 745

CHEMICAL WEAPONS CONVENTION REQUIREMENTS

Sec.	Page

745.1	Advance notification and annual report of all exports of Schedule 1

chemicals to other States Parties	1

745.2	End-Use Certificate reporting requirements under the

Chemical Weapons Convention	2

SCHEDULES OF CHEMICALS	SUPPLEMENT NO. 1

STATES PARTIES TO THE CONVENTION ON THE

PROHIBITION OF THE DEVELOPMENT, PRODUCTION,

STOCKPILING, AND USE OF CHEMICAL WEAPONS AND

ON THEIR DESTRUCTION	SUPPLEMENT NO. 2

FOREIGN AUTHORIZED AGENCIES RESPONSIBLE

FOR ISSUING END-USE CERTIFICATES PURSUANT

TO §745.2	SUPPLEMENT NO. 3

§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 BIS 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 BIS prior to or after submission of a license application to BIS 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 BIS.

•(2) Send the notification either by fax to (202) 482-1731 or by mail or courier delivery to the following address:

Information Technology Team

Treaty Compliance Division

Bureau of Industry and Security

U.S. Department of Commerce

Room 4515

14th Street and Pennsylvania Avenue, N.W.

Washington, DC 20230.

Attn: "Advance Notification of Schedule 1
Chemical Export".

(3) Upon receipt of the notification, BIS 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 §§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 BIS.

(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 either by fax to (202) 482-
1731 or by mail or courier delivery to the following address:

Information Technology Team

Treaty Compliance Division

Bureau of Industry and Security

U.S. Department of Commerce

Room 4515

14th Street and Pennsylvania Avenue, N.W.

Washington, DC 20230.

Attn: "Annual Report of Schedule 1 Chemical
Export".

§745.2

END-USE CERTIFICATE REPORTING REQUIREMENTS UNDER THE CHEMICAL WEAPONS CONVENTION

NOTE: The End-Use Certificate requirement of this section does not relieve the exporter of any requirement to obtain a license from the Department of Commerce for the export of Schedule 3 chemicals subject to the Export Administration Regulations or from the Department of State for the export of Schedule 3 chemicals subject to the International Traffic in Arms Regulations.

(a)(1) No U.S. person, as defined in §744.6(c) of the EAR, may export from the United States any Schedule 3 chemical identified in Supplement No. 1 to this part to countries not party to the Chemical Weapons Convention (destinations not listed in Supplement No. 2 to this part) unless the U.S. person obtains from the consignee an End-
Use Certificate issued by the government of the importing destination. This Certificate must be issued by the foreign government's agency responsible for foreign affairs or any other agency or department designated by the importing government for this purpose. Supplement No. 3 to this part includes foreign authorized agencies responsible for issuing End-Use Certificates pursuant to this section. Additional foreign authorized agencies responsible for issuing End-
Use Certificates will be included in Supplement No. 3 to this part when known. End-Use Certificates may be issued to cover aggregate quantities against which multiple shipments may be made to a single consignee. An End-Use Certificate covering multiple shipments may be used until the aggregate quantity is shipped. End-
Use Certificates must be submitted separately from license applications.

•(2) Submit a copy of the End-Use Certificate, no later than 7 days after the date of export, either by fax to (202) 482-1731 or by mail or courier delivery to the following address:

Information Technology Team

Treaty Compliance Division

Bureau of Industry and Security

U.S. Department of Commerce

Room 4515

14th Street and Pennsylvania Avenue, N.W.

Washington, DC 20230.

Attn: "CWC End-Use Certificate Report".

(b) The End-Use Certificate described in paragraph (a) of this section must state the following:

(1) That the chemicals will be used only for purposes not prohibited under the Chemical Weapons Convention;

(2) That the chemicals will not be transferred to other end-user(s) or end-use(s);

(3) The types and quantities of chemicals;

(4) Their specific end-use(s); and

(5) The name(s) and complete address(es) of the end-user(s).

SCHEDULES OF CHEMICALS

C.A.S.

Registry

Number

Schedule 1

A.	Toxic chemicals:

(1)	O-Alkyl (<C10, incl. cycloalkyl) alkyl

(Me, Et, n-Pr or i-Pr)-phosphonofluoridates

e.g. Sarin: O-Isopropyl methylphosphonofluoridate	107-44-8

Soman: O-Pinacolyl methylphosphonofluoridate	96-64-0

(2)	O-Alkyl (<C10, incl. cycloalkyl) N,N-dialkyl

(Me, Et, n-Pr or i-Pr) phosphoramidocyanidates

e.g. Tabun: O-Ethyl N,N-dimethyl

phosphoramidocyanidate	77-81-6

(3)	O-Alkyl (H or <C10, incl. cycloalkyl) S-2-dialkyl

(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl

(Me, Et, n-Pr or i-Pr) phosphonothiolates and

corresponding alkylated or protonated salts

e.g. VX: O-Ethyl S-2-diisopropylaminoethyl

methyl phosphonothiolate	50782-69-9

(4)	Sulfur mustards:

2-Chloroethylchloromethylsulfide	2625-76-5

Mustard gas: Bis(2-chloroethyl)sulfide	505-60-2

Bis(2-chloroethylthio)methane	63869-13-6

Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane	3563-36-8

1,3-Bis(2-chloroethylthio)-n-propane	63905-10-2

1,4-Bis(2-chloroethylthio)-n-butane	142868-93-7

1,5-Bis(2-chloroethylthio)-n-pentane	142868-94-8

Bis(2-chloroethylthiomethyl)ether	63918-90-1

O-Mustard: Bis(2-chloroethylthioethyl)ether	63918-89-8

(5)	Lewisites:

Lewisite 1: 2-Chlorovinyldichloroarsine	541-25-3

Lewisite 2: Bis(2-chlorovinyl) chloroarsine	40334-69-8

Lewisite 3: Tris(2-chlorovinyl)arsine	40334-70-1

(6)	Nitrogen mustards:

HN1: Bis(2-chloroethyl)ethylamine	538-07-8

HN2: Bis(2-chloroethyl) methylamine	51-75-2

HN3: Tris(2-chloroethyl)amine	555-77-1

(7)	Saxitoxin	35523-89-8

(8)	Ricin	9009-86-3

B.	Precursors:

(9)	Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides

e.g. DF: Methylphosphonyldifluoride	676-99-3

(10)	O-Alkyl (H or <C10, incl. cycloalkyl) O-2-dialkyl

(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl

(Me, Et, N-Pr or i-Pr) phosphonites

and corresponding alkylated or protonated salts

e.g. QL: O-Ethyl O-2- diisopropylaminoethyl

methylphosphonite	57856-11-8

(11)	Chlorosarin: O-Isopropyl methylphosphonochloridate	1445-76-7

(12)	Chlorosoman: O-Pinacolyl methylphosphonochloridate	7040-57-5

Schedule 2

A. Toxic chemicals:

(1)	Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]

phosphorothiolate	78-53-5

and corresponding alkylated or protonated salts

(2)	PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-

1-propene	382-21-8

(3) BZ: 3-Quinuclidinyl benzilate	6581-06-2

B.	Precursors:

(4)	Chemicals, except for those listed in Schedule 1, containing

a phosphorus atom to which is bonded one methyl, ethyl or

propyl (normal or iso) group but not further carbon atoms,

e.g.	Methylphosphonyl dichloride	676-97-1

Dimethyl methylphosphonate	756-79-6

Exemption: Fonofos: O-Ethyl S-phenyl ethylphosphono-

thiolothionate	944-22-9

(5)	N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides

(6)	Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl

(Me, Et, n-Pr or i-Pr)- phosphoramidates

(7)	Arsenic trichloride	7784-34-1

(8)	2,2-Diphenyl-2-hydroxyacetic acid	76-93-7

(9)	Quinuclidine-3-ol	1619-34-7

(10)	N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides

and corresponding protonated salts

(11)	N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols

and corresponding protonated salts

Exemptions: N,N-Dimethylaminoethanol	108-01-0

and corresponding protonated salts

N,N-Diethylaminoethanol	100-37-8

and corresponding protonated salts

(12)	N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols

and corresponding protonated salts

(13)	Thiodiglycol: Bis(2-hydroxyethyl)sulfide	111-48-8

(14)	Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol	464-07-3

Schedule 3

A.	Toxic chemicals:

(1)	Phosgene: Carbonyl dichloride	75-44-5

(2)	Cyanogen chloride	506-77-4

(3)	Hydrogen cyanide	74-90-8

(4)	Chloropicrin: Trichloronitromethane	76-06-2

B.	Precursors:

(5)	Phosphorus oxychloride	10025-87-3

(6)	Phosphorus trichloride	7719-12-2

(7)	Phosphorus pentachloride	10026-13-8

(8)	Trimethyl phosphite	121-45-9

(9)	Triethyl phosphite	122-52-1

(10)	Dimethyl phosphite	868-85-9

(11)	Diethyl phosphite	762-04-9

(12)	Sulfur monochloride	10025-67-9

(13)	Sulfur dichloride	10545-99-0

(14)	Thionyl chloride	7719-09-7

(15)	Ethyldiethanolamine	139-87-7

(16)	Methyldiethanolamine	105-59-9

(17)	Triethanolamine	102-71-6

STATES PARTIES TO THE CONVENTION ON THE PROHIBITION

OF THE DEVELOPMENT, PRODUCTION, STOCKPILING, AND USE OF CHEMICAL WEAPONS AND ON THEIR DESTRUCTION

•List of States Parties as of July 1, 2008

Afghanistan

Albania

Algeria

Andorra

Antigua and Barbuda

Argentina

Armenia

Australia

Austria

Azerbaijan

Bahrain

Bangladesh

Barbados

Belarus

Belgium

Belize

Benin

Bhutan

Bolivia

Bosnia-Herzegovina

Botswana

Brazil

Brunei Darussalam

Bulgaria

Burkina Faso

Burundi

Cambodia

Cameroon

Canada

Cape Verde

Central African Republic

Chad

Chile

China*

Colombia

Comoros

Congo (Democratic

Republic of the)

•Congo (Republic of the)

Cook Islands

Costa Rica

Cote d'Ivoire (Ivory Coast)

Croatia

Cuba

Cyprus

Czech Republic

Denmark

Djibouti

Dominica

Ecuador

El Salvador

Equatorial Guinea

Eritrea

Estonia

Ethiopia

Fiji

Finland

France

Gabon

Gambia

Georgia

Germany

Ghana

Greece

Grenada

Guatemala

Guinea

•Guinea-Bissau

Guyana

Haiti

Holy See

Honduras

Hungary

Iceland

India

Indonesia

Iran

Ireland

Italy

Jamaica

Japan

Jordan

Kazakhstan

Kenya

Kiribati

Korea (Republic of)

Kuwait

Kyrgyzstan

Laos (P.D.R.)

Latvia

Lesotho

Liberia

Libya

Liechtenstein

Lithuania

Luxembourg

Macedonia

Madagascar

Malawi

Malaysia

Maldives

Mali

Malta

Marshall Islands

Mauritius

Mauritania

Mexico

Micronesia

Moldova (Republic of)

Monaco

Mongolia

Montenegro

Morocco

Mozambique

Namibia

Nauru

Nepal

Netherlands**

New Zealand

Nicaragua

Niger

Nigeria

Niue

Norway

Oman

Pakistan

Palau

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Poland

Portugal

Qatar

Romania

Russian Federation

Rwanda

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and

the Grenadines

Samoa

San Marino

Sao Tome and Principe

Saudi Arabia

Senegal

Serbia

Seychelles

Sierra Leone

Singapore

Slovak Republic

Slovenia

Solomon Islands

South Africa

Spain

Sri Lanka

Sudan

Suriname

Swaziland

Sweden

Switzerland

Tajikistan

Tanzania

Thailand

Timor Leste (East

Timor)

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turkmenistan

Tuvalu

Uganda

Ukraine

United Arab Emirates

United Kingdom

United States

Uruguay

Uzbekistan

Vanuatu

Venezuela

Vietnam

Yemen

Zambia

Zimbabwe

* For CWC purposes only, China includes Hong Kong and Macau.

** For CWC purposes only, the Netherlands includes Aruba and the Netherlands Antilles.

Chemical Weapons Convention Requirements	Supplement No. 3 to Part 745 – page 1

FOREIGN AUTHORIZED AGENCIES RESPONSIBLE FOR ISSUING

END-USE CERTIFICATES PURSUANT TO §745.2

Israel	Chemical, Environment Technology Administration

Ministry of Industry & Trade

30 Agron Street

Jerusalem 94190, Israel

Contact: Josef Dancona

Deputy Director

Tel: 972-2-6220193

Fax: 972-2-6241987

Taiwan1	Board of Foreign Trade,

Ministry of Economic Affairs

1 Hukou St., Taipei

Tel: 02-2351-0271

Fax: 02-2351-3603

Export Processing Zone Administration,

Ministry of Economic Affairs

600 Chiachang Rd., Nantze, Kaohsiung

Tel: 07-361-1212

Fax: 07-361-4348

Science-Based Industrial Park Administration

National Science Council

Executive Yuan

2 Hsin-an Rd., Hsinchu

Tel: 03-577-3311

Fax: 03-577-6222