- § 6741. Reports required by United States National Authority
- § 6742. Prohibition relating to low concentrations of Schedules 2 and 3 chemicals
- § 6743. Prohibition relating to unscheduled discrete organic chemicals and coincidental byproducts in waste streams
- § 6744. Confidentiality of information
- § 6745. Recordkeeping violations
§ 6741. Reports required by United States National Authority
(a) Regulations on recordkeeping
(1) Requirements
The United States National Authority shall ensure that regulations are prescribed that require each person located in the United States who produces, processes, consumes, exports, or imports, or proposes to produce, process, consume, export, or import, a chemical substance that is subject to the Convention to—
(A) maintain and permit access to records related to that production, processing, consumption, export, or import of such substance; and
(B) submit to the Director of the United States National Authority such reports as the United States National Authority may reasonably require to provide to the Organization, pursuant to subparagraph 1(a) of the Annex on Confidentiality of the Convention, the minimum amount of information and data necessary for the timely and efficient conduct by the Organization of its responsibilities under the Convention.
(2) Rulemaking
(b) Coordination
(1) Avoidance of duplication
(2) Definition
(Pub. L. 105–277, div. I, title IV, § 401, Oct. 21, 1998, 112 Stat. 2681–880.)
§ 6742. Prohibition relating to low concentrations of Schedules 2 and 3 chemicals
(a) Prohibition
Notwithstanding any other provision of this chapter, no person located in the United States shall be required to report on, or to submit to, any routine inspection conducted for the purpose of verifying the production, possession, consumption, exportation, importation, or proposed production, possession, consumption, exportation, or importation of any substance that contains less than—
(1) 10 percent concentration of a Schedule 2 chemical; or
(2) 80 percent concentration of a Schedule 3 chemical.
(b) Standard for measurement of concentration
(Pub. L. 105–277, div. I, title IV, § 402, Oct. 21, 1998, 112 Stat. 2681–881.)
§ 6743. Prohibition relating to unscheduled discrete organic chemicals and coincidental byproducts in waste streams
(a)1
1 So in original. No subsec. (b) has been enacted.
ProhibitionNotwithstanding any other provision of this chapter, no person located in the United States shall be required to report on, or to submit to, any routine inspection conducted for the purpose of verifying the production, possession, consumption, exportation, importation, or proposed production, possession, consumption, exportation, or importation of any substance that is—
(1) an unscheduled discrete organic chemical; and
(2) a coincidental byproduct of a manufacturing or production process that is not isolated or captured for use or sale during the process and is routed to, or escapes, from the waste stream of a stack, incinerator, or wastewater treatment system or any other waste stream.
(Pub. L. 105–277, div. I, title IV, § 403, Oct. 21, 1998, 112 Stat. 2681–881.)
§ 6744. Confidentiality of information
(a) Freedom of Information Act exemption for certain Convention information
(b) Exceptions
(1) Information for the Technical Secretariat
(2) Information for Congress
(3) Information for enforcement actions
(c) Information disclosed in national interest
(1) Authority
(2) Notice of disclosure
(A) Requirement
If any Department or agency of the United States Government proposes pursuant to paragraph (1) to publish or disclose or otherwise provide information exempt from disclosure under subsection (a), the United States National Authority shall, unless contrary to national security or law enforcement needs, provide notice of intent to disclose the information—
(i) to the person that submitted such information; and
(ii) in the case of information about a person received from another source, to the person to whom that information pertains.
The information may not be disclosed until the expiration of 30 days after notice under this paragraph has been provided.
(B) Proceedings on objections
(d) Criminal penalty for wrongful disclosure
(e) Criminal forfeiture
(f) International inspectors
(Pub. L. 105–277, div. I, title IV, § 404, Oct. 21, 1998, 112 Stat. 2681–882.)
§ 6745. Recordkeeping violations
It shall be unlawful for any person willfully to fail or refuse—
(1) to establish or maintain any record required by this chapter or any regulation prescribed under this chapter;
(2) to submit any report, notice, or other information to the United States Government in accordance with this chapter or any regulation prescribed under this chapter; or
(3) to permit access to or copying of any record that is exempt from disclosure under this chapter or any regulation prescribed under this chapter.
(Pub. L. 105–277, div. I, title IV, § 405, Oct. 21, 1998, 112 Stat. 2681–883.)