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Kevin J. Kurland Director Treaty Compliance Division U.S. Department of Commerce

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CWC Industry Compliance Program: Problems and Resolutions in Preparing Industry Declarations. Kevin J. Kurland Director Treaty Compliance Division U.S. Department of Commerce. Topics of Discussion. Components of a successful industry compliance program Declaration problems and resolutions

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CWC Industry Compliance Program:

Problems and Resolutions in Preparing Industry Declarations

Kevin J. Kurland

Director

Treaty Compliance Division

U.S. Department of Commerce

topics of discussion
Topics of Discussion
  • Components of a successful industry compliance program
  • Declaration problems and resolutions
  • Advantages of a robust declaration compliance program
components of a successful industry compliance program
Components of a Successful Industry Compliance Program
  • Ensure industry compliance
    • Establish an administrative regime to compel:
      • declarations; Schedule 1 notifications; end-use certificates (EUCs) for Schedule 3 transfers to States not Party; and on-site inspections
    • Establish an enforcement regime to ensure:
      • submission of declarations, notifications, and EUCs
      • entry on-site is granted to inspectors
      • prohibit imports and exports to States not Party
      • outlaw use of toxic chemicals/precursors for purposes not prohibited
  • Maximize the protection of confidential and other critical information
  • Minimize burdens and costs to industry
keys to success
Keys to Success
  • Clear guidance to industry on basic concepts and requirements
  • User-friendly declaration forms
  • Cooperation with industry
  • National Authority/Government services
    • Outreach (e.g., surveys, mass mailings, website (www.cwc.gov), seminars, site assistance visits)
    • Chemical determinations
    • Declaration completion support
declaration problems
Declaration Problems
  • Certain treaty terms are undefined or inconsistent with common industrial usage, e.g.:
    • “Production by synthesis”
    • “Main activities”
    • “Plant site”
  • Application of quantity thresholds and mixtures to activities requires clarification
  • Limited harmonization among States Parties on how export and import data is declared
  • No OPCW provisions for declaration amendments
resolution
Resolution
  • Issue clear guidance and declaration handbooks for industry
    • Clarify terms and application
    • Ensure that all persons, trading companies, and chemical facilities are subject to rules
  • Ensure accurate OPCW declaration submissions through use of standardized declaration forms
    • Including electronic versions
  • Require companies to designate declaration points of contact to clarify submissions
  • Conduct outreach
advantages of a robust declaration compliance regime
Advantages of a Robust Declaration Compliance Regime
  • Allows a State Party to honor its treaty commitments
  • Lends credibility to the legitimate chemical activities in a State Party
  • Facilitates inspection activities
  • Enhances a State Party’s national security:
    • Increases knowledge of domestic manufacturing, use, export, and import of toxic chemicals/precursors related to chemical weapons
    • Improves the ability to deter, detect, or prevent proliferation by domestic or foreign actors