Commentary: The BXA maintains the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls.  This final rule revises certain entries controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 6, 7, and 9 to conform with changes in the List of Dual-Use Goods and Technologies maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods an Technologies (Wassenaar Arrangement).  The Wassenaar Arrangement controls strategic items with the objective of improving regional and international security and stability.

This final rule is revises a number of national security controlled entries on the Commerce Control List (CCL) to conform with December 1, 2000 revisions to the Wassenaar List of Dual-Use Goods and Technologies. This rule also revises language to provide a complete or more accurate description of controls. The majority of the changes that affected Category 4 and 5 Part II (information security) items will be published in a separate rule.

2. Revisions to License Exception CTP:  Implementation of Presidential Announcement of January 2, 2002 (67 FR 10608 on March 8, 2002)

Commentary: The BXA is amending the EAR by revising License Exception CTP to reflect rapid technological advances in computing capability.  This rule implements the President’s decision to revise U.S. export controls on high performance computers (HPCs) announced January 2, 2002.  All HPCs continue to be eligible for export to a Computer Tier 1 country under License Exception CTP.  Beginning March 3, 2002, HPCs controlled by Export Control Classification Number (ECCN) 4A003 with a CTP up to 190,000 Millions of Theoretical Operations per Second (MTOPS) can be exported to Computer Tier 3 countries under License Exception CTP without advance notification.  This revision also applies to electronic assemblies and specifically designed components controlled by ECCN 4A003.  This rule also moves Latvia from Computer Tier 3 to Computer Tier 1, effective May 2, 2002.  Finally, this rule adds Australia, New Zealand, Norway, Switzerland, and Turkey to the list of countries eligible for exports and reexports of software and technology for computers with unlimited CTP under License Exception TSR.  The President’s action will promote our national security, enhance the effectiveness of our export control system and ease unnecessary regulatory burdens on both government and industry.

3. Implementation of the Wassenaar Arrangement List of Dual-Use Items Revisions:  Computers; and Revisions to License Exception CTP (67 FR 10611 on March 8, 2002)

Commentary: The BXA has published a final rule implementing several changes in its List of Dual-Use Goods and Technologies as agreed upon in the Wassenaar Arrangement.  Specifically it revises the CCL to implement certain agreed changes in Category 4 (Computers) of the Wassenaar List of Dual-Use Goods and Technologies, specifically in the area of computers.  These changes are being implemented to reflect rapid technological advances and effective control factors.  Additional changes in other categories of the Wassenaar Dual-Use List will be implemented in the CCL in a supplemental regulation. In addition, this rule makes conforming and clarification revisions to License Exception CTP.

4. Correction to Rule Entitled:  Implementation of the Wassenaar Arrangement List of Dual-Use Items Revisions:  Computers; and Revisions to License Exception CTP (67 FR 11896 on March 18, 2002)

Commentary: The BXA has published a correction to the final rule published on March 8, 2002, revising the Commerce Control List to implement certain agreed changes in Category 4 (Computers) of the Wassenaar List of Dual-Use Goods and Technologies, specifically in the area of computers.  This rule corrects an error in the rulemaking requirements section to indicate that this rule was determined by the Office of Management and Budget to be significant for purposes of Executive Order 12866.

5. Corrections to Rule Entitled: Revisions to License Exception CTP:  Implementation of Presidential Announcement of January 2, 2002 (67 FR 11896 on March 18, 2002)

Commentary: The BXA has published a correction to the final rule published on March 8, 2002 revising License Exception CTP.  This rule corrects errors in the rulemaking requirements section (to indicate that this rule was determined by the Office of Management and Budget to be significant for purposes of Executive Order 12866), authorities section, list of subjects, part listings and an instruction to add a missing paragraph reference.

6. Revisions and Clarifications to the Export Administration Regulations: Czech Republic, Hungary and Poland (67 FR 11896 on March 18, 2002)

Commentary: The BXA has published a final rule amending the EAR by removing the license requirements for certain regional stability items and for certain crime control items destined to the Czech Republic, Hungary and Poland to correctly reflect the status of those countries as NATO members.

7. License Exception CIV Eligibility for Certain “Microprocessors” Controlled by ECCN 3A001 (67 FR 13091 on March 21, 2002)

Commentary: The BXA has published a final rule amending the EAR to make License Exception CIV available for certain microprocessors controlled by Export Control Classification Number (ECCN) 3A001 when they have a composite theoretical performance (CTP) of equal to or greater than 6,500 million theoretical operations per second (MTOPS), but less than or equal to 12,000 MTOPS.  License Exception CIV authorizes exports and reexports to civil end-users for civil end-uses in Country Group D:1, except North Korea.  CIV may not be used for exports or reexports to military end-users or end-uses.

8. Corrections to Rule Entitled:  Revisions to License Exception CTP:  Implementation of Presidential Announcement of January 2, 2002 (67 FR 13566 on March 25, 2002)

Commentary: The BXA has published a final rule correcting errors in instruction 9 of the final rule published on March 8, 2002, revising License Exception CTP.

9. Industry and Security Programs; Change of Agency Name (67 FR 20630 on April 26, 2002)

Commentary: On April 18, 2002, the Department of Commerce changed the name of the “BXA” to the “BIS.” 

10. Revisions to the Export Administration Regulations as a Result of the September 2001 Missile Technology Control Regime (MTCR) Plenary Meeting (67 FR 35428 on May 20, 2002)

Commentary: The BIS has amended the EAR, Commerce Control List (CCL), to reflect changes that were negotiated during the September 2001 Missile Technology Control Regime (MTCR) Plenary in Ottawa, Canada.  These revisions include several changes to CCL entries ECCN 1C107 and ECCN 9A101.  The revisions to ECCN 1C107 clarify what shapes and sizes are usable for rocket nozzles and reentry vehicle nose tips.  The revisions to ECCN 9A101 expand the scope of items controlled, but will have a minimal effect on the number of license applications submitted to BIS.

11. Revisions and Clarifications to the Export Administration Regulations – Chemical and Biological Weapons Controls:  Australia Group; Chemical Weapons Convention (67 FR 37977 on May 31, 2002)

Commentary: The BIS has amended the EAR to implement the understandings reached at the October 2001 plenary meeting of the Australia Group (AG).  This final rule amends the Commerce Control List (CCL) and the corresponding export licensing provisions in the EAR to: authorize exports and reexports without a license, to most destinations, of medical, analytical, diagnostic, and food testing kits containing small quantities of any chemicals controlled only by the AG (i.e., not also listed on any Schedule to the Chemical Weapons Convention (CWC)), provided that the testing kits meet certain criteria specified in the EAR; clarify the scope of the AG controls that apply to certain genetic elements and genetically modified organisms; establish controls on exports and reexports critical components of certain AG-controlled chemical manufacturing equipment, in which all surfaces that come into direct contact with the chemical(s) being processed or contained are made from specified materials; and add Bulgaria to Country Group A:3 (AG participating countries).

This rule also implements three AG intersessional decisions that affect AG controls on valves, freeze-drying equipment, and protective and containment equipment (including protective suites).      In addition to making the 2001 AG plenary and intersessional changes, this rule creates a new entry and restructures several entries on the CCL in order to clarify which mixtures are controlled for CB (chemical/biological: AG-based) or CQ (chemical weapons:  CWC-based) reasons.  The restructuring does not alter the scope of the controls that apply to these mixtures. This rule also harmonizes AT (anti-terrorism) controls among a number of entries on the CCL that describe chemicals controlled for CB or CW reasons and mixtures that contain these chemicals. 

In addition, this rule imposes a license requirement for exports to Canada of human pathogens and toxins, animal and plant pathogens, and genetically modified organisms that are controlled for CB reasons.  This change harmonizes export controls on biological agents and related technology by requiring a license to export such items to all destinations, worldwide.

Finally, this rule makes two changes related to the CWC requirements in the EAR.  First, the rule updates the list of countries that are currently States Parties to the CWC by adding the following countries:  Nauru and Uganda.  Second, the rule clarifies that a license is required to reexport CWC Schedule 3 chemicals and mixtures controlled on the CCL for CW reasons from a State not Party to the CWC to any other State not Party to the CWC and that applications for such reexpoorts generally will be denied.

12. Revisions and Clarifications to Encryption Controls in the Export Administration Regulations –Implementation of Changes in Category 5, Part 2 (“Information Security”), of the Wassenaar Arrangement List of Dual-Use Goods and Other Technologies (67 FR 38855 on June 6, 2002)

Commentary: The BIS has amended the EAR, Commerce Control List (CCL), to reflect changes made to the Wassenaar Arrangement List of dual-use items, and to update and clarify other provisions of the EAR pertaining to encryption export controls.  Consistent with the Wassenaar changes, Note No. 3 (“Cryptography Note”) to Category 5—part II (Information Security) of the Commerce Control List (CCL) is amended to allow mass market treatment for all encryption products, including products with symmetric algorithms employing key lengths greater than 64-bits, that previously were not eligible for mass market treatment.  As a result, for the first time, mass market encryption commodities and software with symmetric key lengths exceeding 64-bits may be exported and reexported to most destinations without a license under Export Control Classification Numbers (ECCNs) 5A992 and 5D992, following a 30-day review by BIS.  In addition, this rule allows equipment controlled under ECCN 5B002 to be exported and reexported under License Exception ENC.  For all other information security items, including encryption source code that would be considered publicly available, this rule updates and clarifies existing notification, review, licensing and post-export reporting requirements.  Restrictions on exports and reexports of encryption items to terrorist-supporting states (Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria), their nationals and other sanctioned persons (individuals and entities) are not changed by this rule.

13. Computer Technology and Software Eligible for Export or Reexport Under License Exception TSR (Technology and Software Under Restriction) (67 FR 39675 on June 10, 2002)

Commentary: The BIS is reviewing the current limit for use of License Exception TSR for exports and reexports of technology and software on the Commerce Control List (CCL) of the EAR under Export Control Classification Numbers (ECCNs) 4D001 and 4E001.  These ECCNs control technology and software that can be used for the development, production, or use of computers.  The goal of this notice of inquiry is to collect information from industry that will assist BIS in evaluating whether the current TSR eligibility level of 33,000 Millions of Theoretical Operations per Second (MTOPS) for exports and reexports to most countries should be adjusted, taking into consideration the control level for the export of computer equipment and the control policies of other member countries of the Wassenaar Arrangement.  Comments must be received by July 10, 2002.

14. List of Unverified Persons in Foreign Countries, Guidance to Exporters as to “Red Flags” (67 FR 40910 on June 14, 2002)

Commentary: The BIS, as a part of its preventive enforcement efforts, conducts pre-license checks (“PLC”) and post-shipment verifications (“PSV”) on certain export transactions.  This notice sets forth a list of persons in foreign countries who were parties in past transactions where PLCs or PSVs could not be conducted for reasons outside the control of the U.S. Government.  This notice also advises exporters that the involvement of a listed person as a party to a proposed transaction constitutes a “red flag” as described in the guidance set forth in Supplement No. 3 to 15 CFR part 732.  Under that guidance, the “red flag” requires heightened scrutiny by the exporter before proceeding with a transaction in which a listed person is a party.

15. Industry and Security Programs (67 FR 45632 on July 10, 2002)

Commentary: On April 18, 2002, the BXA changed its name to the BIS and made conforming changes in its regulations (67 FR 20630, April 26, 2002).  Consistent with that change, effective May 17, 2002, the names of the “Office of Chief Counsel for Export Administration” and the “Chief Counsel for Export Administration” were changed to the “Office of Chief Counsel for Industry and Security” and the “Chief Counsel for Industry and Security,” respectively.  This rule makes appropriate conforming changes in Chapter VII of Title 15 of the Code of Federal Regulations to reflect these additional name changes.

16. 15 CFR 700 to 799, Title 15 CFR Parts 300 to 799; Republication (67 FR 46850 on July 17, 2002)

Commentary: The BIS is republishing in its entirety, Title 15 CFR Parts 300 to 799, revised as of January 1, 2002.  The earlier issuance inadvertently omitted and duplicated text in §772.1 appearing on pages 552 through 575 inclusive.

17. Revisions and Clarifications to the Export Administration Regulations—Chemical and Biological Weapons Controls:  Australia Group; Chemical Weapons Convention; Correction (67 FR 50348 on August 2, 2002)

Commentary: On Friday, May 31, 2002, (67 FR 37977), the BIS published a final rule that amended the EAR to implement the understandings reached at the October 2001 plenary meeting of the Australia Group (AG).  The May 31, 2002, final rule contained two errors in the List of Items Controlled for Export Control Classification Number (ECCN) 2B350 on the Commerce Control List (CCL).  The rule stated that BIS was revising ECCN 2B350 to control exports and reexports of critical components of certain AG-controlled chemical manufacturing equipment listed in that ECCN and also indicated that these critical components included the following:  casings (valve bodies) or preformed casing liners designed for valves controlled by 2B350.g.  The May 31, 2002, rule inadvertently omitted these critical valve components from the introductory text of paragraph (g) in the List of Items Controlled for ECCN 2B350.  This rule corrects that oversight.

The May 31, 2002, rule also contained a minor typographical error in the List of Items Controlled for ECCN 2B350.  The introductory text of 2B350.i used the phrase “casing (pump bodies)” to describe certain critical pump components controlled under 2B350.i. The phrase should have read:  “casings (pump bodies)”.  This rule corrects that error.

18. Effectiveness of Licensing Procedures for Agricultural Commodities to Cuba (67 FR 54136 on August 21, 2002)

Commentary: The BIS is requesting public comments on the effectiveness of its licensing procedures as defined in the Export Administration Regulations for the export of agricultural commodities to Cuba.  BIS is required to submit a biennial report to the Congress on the operation of the licensing system for such exports, which was created to implement the Trade Sanctions Reform and Export Enhancement Act of 2000.  The report is to include the number and types of licenses applied for, the number and typed of licenses approved, the average amount of time elapsed from the data of filing of a license application until the date to its approval, the extent to which the licensing procedures were effectively implemented, and a description of comments received from interested parties about the extent to which the licensing procedures were effect, after holding a public 30-day comment period. To help make this assessment, BIS is seeking public comment on the effectiveness of these measures.  Comments must be received by September 20, 2002.

19. Revision to the Export Administration Regulations:  Denied Persons List (67 FR 54952 on August 27, 2002)

Commentary: The BIS is publishing a rule removing references to the “Denied Persons List” maintained by the BIS because the list is described, but not published, in the Code of Federal Regulations, and is not intended to be legally controlling.  Specifically, it removes references to the “Denied Parties List” from the EAR in parts 732, 736, 758, 764, 766, and 772.  References to the “Denied Parties List” in part 752 of the EAR will be removed in a separate rule.

This rule also makes a format change in the template of the standard denial order published in the EAR.  It replaces the word “immediately” with “[date]” in the last sentence of the pro forma standard denial order, because a standard order need not be effective as the data of signing.  This rule does not change the scope of any order denying export privileges, nor does it change the rights or duties of any person with respect to the Export Administration Regulations.

20. Revisions and Clarifications to the Export Administration Regulations—Nuclear Nonproliferation Controls:  Nuclear Suppliers Group; Final Rule (67 FR 55594 on August 29, 2002)

Commentary: The BIS is amending the EAR by revising certain entries on its control list that are controlled for nuclear nonproliferation (NP) reasons.  This final rule revises these entries to make them conform more closely to the format used in the technical descriptions of items identified in the Annex to the “Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology” (the Annex), which is published by the International Atomic Energy Agency.  Member countries of the Nuclear Suppliers Group (NSG), which includes the United States, have established export-licensing procedures for the transfer of items identified in the Annex.

This rule also revises the types of controls and the scope of the controls that apply to a number of entries on the Commerce Control List (CCL).  In addition, this rule amends the “Related Control” paragraphs in a number of entries by adding references to related items that are either controlled under other entries on the CCL or controlled by other U.S. Government agencies.

As a result of the admission of Belarus, Cyprus, Slovenia, and Turkey to the Nuclear Suppliers Group, this rule adds these four countries to Country Group A:4, which identities the member countries of the Nuclear Suppliers Group.  These four countries are also added to the definition of the term “Nuclear Suppliers Group” in the EAR.  The addition of these four countries will lessen the administrative burden on U.S. exporters by decreasing the number of items that require an export license to these countries for nuclear nonproliferation (NP) reasons.

For a detailed list of revised ECCNs, please refer to the August 29, 2002 Federal Register notice noted above.

21. Missile Technology Production Equipment and Facilities (67 FR 58691 on September 18, 2002)

Commentary: In order to clarify Department of Commerce controls, Commerce is revising the language contained in Export Control Classification Numbers (ECCNs) 1B115, 1B117, 9B115, and 9B116 to reflect that all missile technology (MT) production equipment and facilities are controlled on the Commerce Control List (CCL) of the EAR.  The Departments of Commerce, State and Defense are currently reviewing the control jurisdiction for specific items of equipment specially designed for the production of certain MT items that are subject to the ITAR.  This review may result in future revisions to the EAR and the ITAR with respect to specific items of specially designed MT production equipment. 

Specifically, the following changes are made to the following ECCNs:  1B115:  Notes 1 and 2 are removed from the Related Controls paragraph of the List of Items Controlled Section.  1B117:  Notes 2 and 4 are removed from the Related Controls paragraph of the List of Items Controlled section.  9B115 and 9B116:  The heading is revised and License Requirements, License Exceptions, and List of Items Controlled sections are added.   

22. Licensing Jurisdiction for “Space Qualified” Items and Telecommunications Items for Use on Board Satellites (67 FR 59722 on September 23, 2002)

Commentary: The BIS is amending the EAR to clarify what “space qualified” items are controlled on the Commerce Control List (CCL) and are therefore subject to the EAR.  This rule also removes the License Exception eligibility and amends the CCL for certain “space qualified” items.  In addition, this rule adds “regional stability” as the reason for control for certain items.  The following Export ECCNs are revised: 3A001, 3A002, 3D001, 3E001, 5A001, 5A991, 5E101, 5E991, 5E001, 6A002, 6A004, 6A008, 6A998, 6D002, 6D002, 6D104, 6D991, 6E001, 6E002, and 6E991.

23. Effects of Foreign Policy-Based Export Controls (67 FR 61047 on September 27, 2002)

Commentary: The BIS is reviewing the foreign policy-based export controls in the Export Administration Regulations to determined whether they should be modified, rescinded, or extended.  To help make these determinations, BIS is seeking public comments on how existing foreign policy-based export controls have affected exporters and the general public.

BIS is particularly interested in the experience of individual exporters in complying with nonproliferation export controls, with emphasis on economic impact and specific instances of business lost to foreign competitors.  BIS is interested in industry information relating to the following:  (1) Information on the effect of foreign policy-based export controls on sales of U.S. products to third countries (i.e., those countries not subject to sanctions), including the views of foreign purchasers or prospective customers regarding U.S. foreign policy controls; (2) Information on export controls maintained by U.S. trade partners (i.e., to what extent do they have similar controls on goods and technology on a worldwide basis or to specific destinations); (3) Information on licensing policies or practices by foreign trade partners of the United States which are similar to U.S. foreign policy export controls, including export license application review criteria, use of export license conditions, and requirements for pre- and post-shipment verifications (preferably supported by examples of approval, denials, and foreign regulations); (4) Suggestions for revisions to foreign policy-based export controls (in the event there are differences) that would bring them more into line with multilateral practice; (5) Comments or suggestions as to actions that would make multilateral export controls more effective; (6) Information that illustrates the effect of foreign policy controls on the trade or acquisitions by intended targets of the controls; (7) Data or other information as to the effect of foreign policy-based export controls on overall trade, either for individual firms or for individual industrial sectors; and (8) Suggestions as to how to measure the effect of foreign policy-based export controls on targeted countries, entities, or individuals. 

24. Corrections to Rule Entitled:  Missile Technology Production Equipment and Facilities (67 FR 70157 on November 21, 2002)

Commentary: The BIS published a final rule on September 18, 2002 clarifying the missile technology (MT) production equipment and facilities that are controlled on the Commerce Control List.  The September 18, 2002 rule inadvertently omitted ECCN 9A001 from the List of Items Controlled sections of ECCNs 9B115 and 9B116, although it appears in the headings of those ECCNs.  This rule corrects that oversight.  In addition, this rule also corrects an inadvertent omission by adding the “Related Definitions” paragraph for these respective ECCNs.

25. Removal of Person From the Unverified List – Guidance as to “Red Flags” Under Supplement No. 3 to 15 CFR Part 732 (67 FR 70209 on November 21, 2002)

Commentary: The BIS published a notice on June 14, 2002, that set forth a list of persons in foreign countries who were parties to past export transactions where pre-license checks (“PLC”) or post-shipment verifications (“PSV”) could not be conducted for reasons outside the control of the U.S. Government (“Unverified List”).  The notice also advised exporters that the involvement of a listed person as a party to a proposed transaction constitutes a “red flag” as described in the guidance set forth in Supplement No. 3 to 15 CFR Part 732, requiring heightened scrutiny by the exporter before proceeding with such a transaction.  The notice also stated that, when warranted, BIS would remove persons from the Unverified List.  Recently, a PSV was completed at the facilities of S.B. Submarine Systems Co., Ltd., 1591 Hongqiao Rd., Bldg 15, People’s Republic of China, (“S.B. Submarine”).  Accordingly, this notice removes S.B. Submarine from the Unverified List.

26. Exports and Reexports to the Federal Republic of Yugoslavia:  Lifting of UN Arms Embargo-Based Controls; Clarification of UN Arms Embargo-Based Controls on Rwanda (67 FR 70545 on November 25, 2002)

Commentary: The BIS has published a rule amending the EAR by removing the special controls on the export and reexport of arms-related items imposed on July 14, 1998 on the Federal Republic of Yugoslavia (Serbia and Montenegro) (FRY).  Consequently, arms embargo-based licensing requirements for exports and reexports of certain items subject to the EAR (e.g., water cannon) to the FRY are removed, and a case-by-case license review policy is reinstated for the export and reexport of items controlled for regional stability and crime control reasons. 

This rule is consistent with United National Security Council (UNSC) Resolution 1367 of September 10, 2001, and removes the provisions in Section 746.9 of the EAR that implemented the arms embargo against the FRY.  With the publication of this rule,  BIS is removing the UN arms embargo-based license requirements for the export and reexport of items controlled under Export Classification Control Numbers (ECCNs) 0A018, 0A984, 0A985, 0A986, 0A987, 0A988, 0B986, 0E018, 0E984, 1A005, 1B018, 1C018, 1C992, 1D018, 2A993, 2B018, 2D018, 2E018, 6A002, 6A003, 6A018, 6E001, 6E002, 8A018, 9A018, 9A991, 9D018, and 9E018 to the FRY.  BIS is removing altogether ECCN 0A989, water cannon and specially designed components for water cannon, because it was a UN arms embargo-based control applying solely to FRY. 

This rule also adds a new note number 4 in the License Exception sections of entries for “technology” controlled by ECCNs 6E001 and 6E002, making License Exception Technology and Software under Restriction (TSR) unavailable for exports or reexports of 6E001 and 6E002 “Technology” to Rwanda, which is still subject to a UN arms embargo pursuant to UNSC Resolution 918 of May 17, 1994.  With respect to Rwanda, “Technology” controlled by ECCN 6E001 is for the “development” of equipment, materials or “software” controlled by Category 6A002 or 6A003, and “Technology” controlled by ECCN 6E002 is for the “production” of equipment or materials controlled by 6A002 or 6A003.  The license requirements for Rwanda are set forth in Section 746.8 of the EAR.

Finally, this rule makes changes to Sections 732.2 and 758.1 of the EAR to reflect the removal of the UN arms embargo-based controls against the FRY and removes Supplement 2 to Part 746 describing international arms embargoes administered by the Department of State.  For information on such embargoes, exporters are advised to consult with the Department of State, Office of Defense Trade Controls.

27. Impact of Implementation of the Chemical Weapons Convention on Commercial Activities Involving “Schedule 1” Chemicals Through Calendar Year 2002 (67 FR 70926 on November 21, 2002)

Commentary: The BIS is seeking public comments on the impact that implementation of the Chemical Weapons Convention has had on commercial activities involving “Schedule 1” chemicals through the calendar year 2002.  “Schedule 1” chemicals are those toxic chemicals and precursors identified in the Convention as posing a high risk to the object and purpose of the Convention.  In order to assist in determining whether the legitimate commercial activities and interest of chemical, biotechnology, and pharmaceutical firms in the United States are being significantly harmed by the limitations of the Convention on access to, and production of, “Schedule 1” chemicals, BIS is seeking public comments on any effects that implementation of the Chemical Weapons Convention has had on commercial activities involving “Schedule 1” chemicals. This notice of inquiry is part of an effort to collect information to assist in the preparation of the annual Presidential certification required under condition 9 of Senate Resolution 75, April 24, 1997, in which the Senate gave its advice and consent to the ratification of the chemical Weapons Convention.  The period for submission of comments will close on December 18, 2002.