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

1. CWC Industry Compliance Program: Role of Chemical Industry in Implementing the CWC Kevin J. Kurland Director Treaty Compliance Division U.S. Department of Commerce

2. 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

3. 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

4. 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

5. 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

6. 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)

7. 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

8. 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

9. 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

10. 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