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

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CWC Industry Compliance Program: Role of Chemical Industry in Implementing the CWC. Kevin J. Kurland Director Treaty Compliance Division U.S. Department of Commerce. Topics of Discussion. Mutual benefits of a cooperative government-industry relationship

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CWC Industry Compliance Program:

Role of Chemical Industry in Implementing the CWC

Kevin J. Kurland

Director

Treaty Compliance Division

U.S. Department of Commerce

topics of discussion
Topics of Discussion
  • Mutual benefits of a cooperative government-industry relationship
  • Role of industry in ensuring compliance with declaration and inspection requirements and lessons learned
  • Role of industry in promoting universal compliance
  • U.S. Global Outreach
mutual benefits
Mutual Benefits
  • Cooperation is critical to success
    • E.g., U.S. Government cooperation with the American Chemistry Council and other industry organizations has been an effective conduit to achieving success
  • Successful implementation is mutually beneficial
    • Confirms legitimacy of domestic chemical activities
    • Facilitates economic trade/promotes economic security
    • Enhances a State Party’s ability to demonstrate compliance with the CWC
non adversarial relationship
Non-Adversarial Relationship
  • Objectives of the National Authority and commercial facilities are the same: demonstrate compliance
  • Provisions built into the CWC to protect confidential and other critical information while demonstrating compliance
    • Declarations require minimal proprietary information
    • Inspection hosting procedures can minimize disclosure of proprietary information
industry implementation is manageable
Industry ImplementationIs Manageable
  • Accurate declarations are the key to a speedy and successful inspection
  • Confidentiality Annex and access rules expressly allow for the to protection of confidential and other critical information
    • E.g., inspection teams have managed access to OCPF plants and access beyond must be agreed
  • To date, the U.S. has hosted 41 industry inspections
    • Bottom line: inspections can be managed to minimize burden and protect confidential information, while still demonstrating compliance
role of inspection participants
Role of Inspection Participants
  • Key to success is understanding the relationships and rights between the Technical Secretariat, ISP*, and inspected facility
    • Technical Secretariat Inspection Team (IT): Verify compliance
    • ISP: Demonstrate compliance/protect critical information
      • Facility: Assist the ISP through the provision of access to information, areas, and personnel to facilitate inspection activities

*Inspected State Party (ISP)

facility functions
Facility Functions
  • Identify key site representatives
  • Identify confidential and other critical information to be protected
  • Prepare a pre-inspection briefing
  • Establish administrative and logistical requirements
    • E.g., IT workspace, health and safety requirements
  • Identify records
  • Prepare site locations
  • Participate in decision-making
lessons learned
Lessons Learned
  • Advanced preparation is the key to a successful inspection
  • Confidentiality Annex gives the ISP the right to protect confidential and other critical information
  • ISP’s knowledge of treaty rights and obligations + facility cooperation = facilitation of the IT’s ability to conduct a successful inspection in a timely manner which limits costs and burdens to the company
industry s role in promoting universal cwc compliance
Industry’s Role in Promoting Universal CWC Compliance
  • Full implementation of Article VI and VII requirements is a State Party obligation
    • Current situation creates uneven playing field
  • Industry can assist through the timely submission of declarations and cooperation during inspections
  • Further, global integration of the chemical industry provides an opportunity for industry to influence other States Parties’ compliance
global outreach
Global Outreach
  • The United States is committed to assisting States Parties achieve full compliance with their Article VI and VII obligations
    • The U.S. is available to provide bilateral assistance or trilateral assistance along with the Technical Secretariat
  • Coordination between the U.S. National Authority and American industry to achieve this objective is critical
  • U.S. urges other chemical industries to engage in this international effort to ensure universal adherence to Articles VII and VI
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