On 14 August 2019 the U.S. Department of Commerce published a proposed change to the list of "Schedule 1" chemicals in the "Annex on Chemicals" to the Chemical Weapons Convention (CWC). The U.S. Department of Commerce's Bureau of Industry and Security (BIS) is seeking public comments on the impact on commercial activities of the proposed additions of five chemical families that are currently under consideration for being listed as toxic chemicals in "Schedule 1" of the CWC.
Specifically, BIS is interested in whether the legitimate commercial activities and interests of chemical, biotechnology, and pharmaceutical firms in the United States would be significantly harmed by the limitations that would be imposed on access to, and production of, the compounds included in the five chemical families identified in the attached notice. BIS will be accepting comments until 13 September 2019 (30 days after the date of publication).
The CWC is an international arms control treaty that contains verification provisions. The provisions of the CWC that affect commercial activities involving "Schedule 1" chemicals are implemented in the Chemical Weapons Convention Regulations (CWCR) (see 15 Code of Federal Regulations 712) and in the Export Administration Regulations (see 15 Code of Federal Regulations 742.18 and 15 Code of Federal Regulations 745), both of which are administered by BIS. The CWCR restrict commercial production of "Schedule 1" chemicals to research, medical, or pharmaceutical purposes only. The CWCR also contain other requirements and prohibitions that apply to "Schedule 1" chemicals and/or "Schedule 1" facilities.
The following five chemical families are under consideration for being listed as toxic chemicals in "Schedule 1":
1. P-alkyl-N-fluorophosphonyl amidines
- Generic name: P-Alkyl (H or ≤ C10, incl. cycloalkyl) N-(1-(dialkyl(≤ C10, incl. cycloalkyl)amino))alkylidene(H or ≤ C10, incl. cycloalkyl) phosphoramidic flourides and corresponding alkylated or protonated salts
- Generic name: O-alkyl (H or ≤ C10, incl. cycloalkyl) N-(1-(dialkyl(≤ C10, incl. cycloalkyl)amino))alkylidene(H or ≤ C10, incl. cycloalkyl) phosphoramidofluoridates and corresponding alkylated or protonated salts
3. Р-alkyl-N-fluorophosphonyl guanidines
- Generic name: P-Alkyl (H or ≤ C10, incl. cycloalkyl)-(bis((alkyl (H or ≤ C10, incl. cycloalkyl)alkyl(H or ≤ C10, incl. cycloalkyl)amino))methylene) phosphonamidofluoridates and corresponding alkylated or protonated salts
4. Carbamates (quaternaries and bisquaternaries of dimethylcarbamoyloxypyridines)
- Generic names: – N-(n-Bromo (Alkyl)-N-(3-dimethylcarbamoxy-α-picolinyl)-N,N- (CnH2n-1, n= 1,2,3) ammonium bromide (n=1-10) – 1-[N,N-Dialkyl(C<10)-N-(n-(hydroxyl, cyano, acetoxy)alkyl(C<10)ammonio]-n- [N-(3-methyl-carbamoxy-α-picolinyl)-N,N-dialkyl(C<10)ammonio]decane dibromide (n=1-8) – 1,n-Bis[N-(3-dimethylcarbamoxy-α-picolyl)-N,N-dialkyl(C<10)ammonio]-alkane- (2,(n-l)-dione) dibromide (n=2-12)
5. Fluorophosphoryl dihaloformaldoximes (also referred to as substituted ((alkyliden)amino)oxy-phosphates and phosphonates)
- Generic name: O-(1-Alkyl(H, Me)-2-alkyl(H, Me)-2-chloroethyl)-(((dihalo(F, Cl)methylene)amino)-oxy)phosphorofluoridates
Please refer to the attached notice for additional information related to the proposed additions and the process for submitting comments to BIS.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.