About the CWC
Overview
The United States is one of over 190 States Parties to the Chemical Weapons Convention (CWC), which prohibits the development, production, stockpiling, and use of chemical weapons (CW). The CWC does not prohibit production, processing, consumption, or trade of toxic chemicals for peaceful purposes that includes, among other things, declaration and inspection requirements for certain chemicals.
Background
The U.S. chemical industry produces, processes, consumes, exports and imports dual-use toxic chemicals and precursors for a variety of legitimate purposes. US companies engaged in activities involving certain chemicals may be required to submit declarations and/or reports to the Bureau of Industry and Security (BIS) and may be subject to inspection by the Organization for the Prohibition of Chemical Weapons, which is the international organization that supports implementation of the CWC. In addition, trade in certain chemicals with States not Party to the CWC may be prohibited or subject to an export license and/or end-use certificate.
BIS's objectives in implementing the Convention are to demonstrate U.S. compliance while maximizing the protection of confidential business information and minimizing the burdens and costs to U.S. companies.
Treaty
U.S. authorities
Ratification
The Senate's advice and consent to the ratification of the Chemical Weapons Convention (CWC) was subject to certain conditions being fulfilled by the Executive Branch. Examples include Conditions 9 and 10, which require the President to certify that the legitimate commercial activities a of chemical, biotechnology, and pharmaceutical firms in the United States are not being significantly harmed by the limitations of the Convention on Schedule 1 chemicals, and regular briefings and annual reports to Congress on compliance issues related to the Convention, respectively.
U.S. Senate’s Conditions to Ratification of the Chemical Weapons Convention
Senate Resolution 75, 105th Congress, 1st Session
April 24, 1997
Legislation
The Chemical Weapons Implementation Act (CWCIA) establishes requirements and legal authorities to enable implementation of U.S. obligations under the CWC. It contains the legal authority for the government to require declarations and inspections from industry and also outlines steps the government must take to ensure company confidential business information is protected. It also includes enforcement provisions and penalties if the Act is violated.
Chemical Weapons Convention Implementation Act of 1998
Executive Order
This Executive Order authorizes the Departments of State, Commerce, War, and others to carry out functions necessary to implement the provisions of the CWC. Among other things, the Executive Order gives the Department of Commerce the authority to issue regulations to implement the CWCIA and U.S. obligations under Article VI and related to provisions of the CWC, and assist industry in submitting declarations and undergoing inspections.