Presidential Decision Directive 70

THE WHITE HOUSE December 17,  1999 PRESIDENTIAL DECISION  DIRECTIVE/NSC-70. MEMORANDl~ FOR 	 THE VICE  PRESIDENT THE SECRETARY  OF  STATE THE SECRETARY  OF  THE  TREASURY THE SECRETARY  OF  DEFENSE THE SECRETARY  OF  COMMERCE THE SECRETARY  OF  ENERGY THE ATTORNEY  GENERAL THE DIRECTOR,  OFFICE  OF  MANAGEMENT  & BUDGET THE ASSISTANT  TO  THE  PRESIDENT  FOR  NATIONAL SECURITY AFFAIRS THE DIRECTOR  OF  CENTRAL  INTELLIGENCE THE CHAIRMAN,  JOINT  CHIEFS  OF  STAFF SUBJECT: 	 National Implementation  of  the  Chemical  Weapons Convention The Convention  on  the  Prohibition  of  the  Development,  Production, Stockpiling and  Use  of  Chemical  Weapons  and  on  Their  Destruction (·CWC" or  ·Convention");  which  entered  into  rce  r  the  United States on  April  29,  1997;  imposes  a  number  of  obligations  on  the United States. The Chemical  Weapons  Convention  Implementation Act of  1998  (·the  Act"),  enacted  on  Octob~r  21,  1998,  Executive Order  13128,  and  associated  Chemical  Weapons  Convention Implementation  Policy  Guidance  elaborate  many  of  these obligations  and  assign  some  specific  responsibilities  within  the Executive  Branch.  Among  the  specific  responsibilities  is  the designation  of  the  Department  of  State  as  United  States National  Authority  for  the  purposes  of  the  Convention  and  the Act.  This  document  specifi~s  agency  and  departmental responsibilities. PART  I  -- THE  UNITED  STATES  NATIONAL  AUTHORITY Section  1.1.  Purposes.  The  United  States  National  Authority (·USNN')  shall  have  the  following  purposes: (a)  To  serve  as  the  national  focal  point  for  effective liaison  with  the  Organization  for  the  Prohibition  of  Chemical Weapons  (OPCW)  and  with  other  States  Parties  to  the  Convention; 2
 * WASHINGTON

(b) To  implement  the  provisions  of  the  CWC  and  the  Act  in coordination  with  an  interagency  group  consisting  of  the Secretary of  State,  Secretary  of  Defense,  Secretary  of  the Treasury, the  Attorney  General,  Secretary  of  Commerce,  Secretary of Energy,  the  Director  of  Central  Intelligence,  the  Assistant  to the  President  for  National  Security  Affairs,  the  Chairman  of  the Joint Chiefs  of  Staff  and  the  heads  of  such  other  agencies, departments or  entities,  or  their  designees  I  consider  necessary or advisable;  and (c) To  coordinate ,through  the  CWC  Interagency  Working  Group (CWC/IWG) established  in  Sec  2.1,  decisions  pertaining  to  CWC implementation issues. Section 1.2. Director. The Secretary  of  State  shall  serve  as  the Director of  the  USNA. Section 1.3. Powers. The Director  of  the  USNA  may  utilize  the administrative authorities  otherwise  available  to  the  Secretary of State  in  carrying  out  the  responsibilities  of  the  Director. Section 1.4. Regulations. In coordination  with  the  CWC/IWG,  the Director of  the  USNA  shall  report  to  Congress  on  regulations  that have been  issued,  implemented  or  revised,  to  implement  the Convention and  the  Act.,  The  Departments  of  State,  Commerce,  the Treasury, and  other  agencies  as  appropriate,  including  the Departments of  Defense  and  Energy,  shall  issue,  amend  or  revise regulations, orders  or  directives,  as  necessary  to  implement  the Act or  U.S.  obligations  under  the  Convention. Sectio-n 1.5. Responsibilities. The USNA  shall: (a) Aggreg~te,  as  nec~ssary,  declaration  data,  notifications of exports,  imports,  and  changes  to  facility  activities,  and other information  required  by  the  Convention  and  received  from Lead Agencies,  following  interagency  coordination,  and  submit such information  to  the  OPCW  as  requested  by  the  CWC/IWG; (b) Ensure  that  the  appropriate  Lead  Agency  (as  defined  in Section  4.1  below)  notifies  the  owner,  operator,  occupant  or agent  in  charge  of  a  facility  prior  to  the  development  of  an agreement  between  the  U.S.  Governmen~  and  the  OPCW  relating  to inspection  of  that  facility  (~facility  agreement"),  and,  if  the person  notified so  requests,  that  such  person  is  allowed  to participate  in  the  preparations  for  the  negotiation  of  the agreement,  and  to  observe  negotiation  of  the  agreement  to  the maximum  extent  practicable  and  consistent  with  the  Convention  and the -Act; 3

(c) En~ure  that  facility  agreements  are  concluded  where appropri ei (d)  Receive  lists  of  inspectors  from  the  OPCW  and,  through the CWC/IWG,  c09rdinate  approval  of  inspectors  with  appropriate agencies and  departments; (e) Receive  notificat  of ,inspections  from  the  OPCW,  and 1) ensure  in  coordination  with  the  Lead  Agency,  that,  reach inspection,  the  selection  of  the  site was  made  in  accordance  with procedures  established  under  the  Convention;  2)  issue  actual written noti  cation  of  the  inspection  to  the  owner  and  operator, occupant, or  agent  in  charge  of  the  premises  to  be  inspected within six  hours  of  receiving  the  notification  of  ion  from the Technical  Secretariat  or  as  soon  as  possible  therea  er  (for Lead  Agency  owned  and  operated  lities,  this  noti  ion shall  be  made  directly  to  the  Lead  Agency);  3)  in  coordination with  the  CWC/IWG,  provide  authorization  for  inspections  where appropriate;  and  4)  notify  the  appropriate  Lead  Agency  of  each authorized inspection; (f) Rece  from  the  OPCW,  through  designated  channels, requests information  and  assistance  under  Articles  IX,  X,  or XI  of  the  CWC,  and  transmit  CWC/IWG-coordinated  u.S.  responses and requests  r  challenge  inspections  to  the  OPCW; (g) Receive  information  on  CWC-related  activities  from  the OPCW, to  include  draft  inspection  reports,  provide  this information to  appropriate  departments  and  agencies,  and coordinate the  USG'response  to  OPCW  proposals,  documents  and inquiries; (h) Coordinate  with  the  Lead  Agency  the  designation  of employees  of  Federal  Government  to  accompany  members  of  an inspection  team  of  the  Technical  Secret  at  during  inspect of U.S.  facilities  in  the  United  States,  and  in  doing  so  ensure that an  FBI  speci  agent  accompanies  each  inspection  team,  that no Environmental  Protection  Agency  or  Occupational  Safety,and Health Agency  employee  accompanies  the  inspection  team,  and  that the number  of  Uni  States  Government  representatives  is  kept  to the  minimum  necessary,  consistent  with  the  requirements  of  the Act; (i) Receive  requests  for  information  from  the  United  states Delegation to  the  OPCW  and  other  States  ies,  and  transmit CWC/IWG coordinated  information  to  them; (j) Compile  and  retain  historical  records,  in  support  of  the CWC/IWG, on  U.S.  communications  with  the  OPCW; 4

(k) In  coordination  with  the  CWC/IWG,  draft  the  report  on inspect  required  by  Section  309  of  the  Act  with  input  from the Departments  of  Defense,  Commerce,  State,  Energy,  Justice,  and other agencies  as  required;  and (1) Rece  notification  from  any  person  intending  to  bring a civil  action  against  the  United  States  based  on  an  alleged taking of  property  without  just  compensation  by  an  0  cer  or employee  of  the  OPCW,  and  pursue  all  remedies  it  considers necessary and  appropriate  to  seek  redress  r  the  claim, including, but  not  limited  to,  the  remedies  provided  for  in  the Convention and  Act. PART II  -- CHEMICAL  WEAPONS  CONVENTION  INTERAGENCY  WORKING  GROUP Section 2.1. .E shment. A Chemical  Weapons  Convention .--;:-:--'-:=---­ Interagency Wor Group  (eWC/IWG)  is  hereby  est  ished. Section 2.2. Purpose and  Function. The eWe/IWG  1  serve  as the  senior  interagency  forum  for  consideration  of  policy  issues concerning the  United  States  Government's  obligat  under  the ewe. It shall coordinate  cwe  implementation  issues  that  have diplomatic, economic,  or  national  security  implicat  ,and monitor U.S.  ewe  implementation. The head  of  each  department  or agency  shall  be  responsib  to  me  for  ensuring  that  1  of  the activities of  his  or  her  respective  department  or  agency  are fully compliant  with  legal  obligations  of  the  United  States Government. The CWC/IWG  may  establish  subordinate  groups  as required. Section 2.3. ition. The eWC/IWG  shall  include  a ":;:­ (a) 	 The  Department  of  State,  which  shall  provide Chairman; (b) 	 The  Department  of  the  Treasury; (c) 	 The  Department  of  Defense; (d) 	 The  Department  of  Justice; (e) 	 The  Department  of  Commerce; (f) 	 The  Department  of  Energy; (g) 	 The  Intelligence  Community; (h) 	 The  National  Security  Council  Staff; 5

(i) The  Joint  ffi  and (j) Such  other  departments  or  agencies  as invited  by  the  Chairman  of  the  CWC/IWG. needed and Sec. di 2.4. ion st of Me of a etings. The CWC/IWG  ·shall be,conven~d at the  Chairman  or  the  Chairman's  designee  or member  department  or  agency. the upon PART III  -- GENERAL  DUTIES  AND  RESPONSIBILITIES  OF  EXECUTIVE DEPARTMENTS AND  AGENCIES Se ion  3.1. General Responsibilities. Executive departments  and agencies involved  in  United  states  implementation  of  the  CWC  and shall: (a) Be  responsible  for  impl  on  of,  and  compliance with, the  CWC  and  the. Act by  their  principal  and  subordinate organizations, programs,  operations,  and  facilitiesi (b) Ensure  that  all  principal  and.subordinate  staff  and organi ions  fully  implement  the  provisions  of  the  CWC  and  the Acti (c) Fund  and  execute  their  responsibilities  for implementation of  the  CWC  and  the  Act  as  specified  below  in accordance  with  their  statutory ~uthorities;  and (d) Safeguard  national  security,  idential  business information, and  other  sensitive  commercial  and  proprietary information to  the  fullest  extent  permitted  by  law. Sec 3.2. Policy-related Responsibilities. Executive departments and agencies  involved  in  United  States  implementation  of  the  CWC and the  1: (a) Share  appropriate  information  with  the  members  of  the CWC/IWG about  agency  policies,  plans  and  activities  releyant  to the  CWC  and  ; (b) Remain  current  on  developments  in  the  OPCW,  and  on policy  and  gui  coordinated  by  the  CWC/IWGi  and (c) Through  agency  representatives,  provide  agency  views  to the  CWC/IWG  on  the  formulation  of  policy  and  guidance national CWC  implementation. 6

PART IV  -- LEAD  AGENCY  DEFINITION  AND  DESIGNATION

Sec. 4.1. Definition  of  Lead  Agenty. For the  purpose  of  this directive, -Lead Agen6~ means  the  executive  department  or  agency responsible for  imple~entation of  the  CWCdeclaration  and inspection requirements  for  specified  facilities. Sec. 4.2. DeSignationlof  Lead  Agencies. The Lead  Agencies  are: the Department  of  Def$nse  (DOD)  for  facilities  owned  by  or  leased to DOD,  including  facilities  that  are  contractor-operated  and I. . overseas facilities  utilized by, DOD  under  agreement  with  foreign governments; the  Department  of  Energy  (DOE)  for  facilities  owned by or  leased  to  DOE,  .including  facilities  that  are  contractor­ operated; and  the  Dep~rtment of  Commerce  for  all  facilities  that I are not  owned  by  or  leased  to  DOD  or  DOE,  or  that  are  not  owned by or  leased  to  otherjU.S.  Government  agencies,  including facilities that  are  contractor":'operated,  that  notify  the  USNA  of their  decisiori  to  be  excluded  from  the  cwe  Regul  ions. I ' Sec.  4.3.  Responsibilities.  Lead  Agencies  are  responsible,  inter alia,  for:  .  I . (a)  Implementation  issues  on  the  ground  during  inspections, consistent  with  previbusly  approved  interagency  guidance.  Each Lead  Agency  will  coordinate  with  other  affected  Departments and/or  Agencies  that  have  national  security  or  proprietary equities  or  assets  at l its facilities; (b)  Deciding  thel composition  of  the  Host  Team,  consistent with  Section  1.5(h}  a~ove.  Other  agencies  may  request  to participate  in  specific  inspections.  As  a  general  rule,  the  Lead Agencies  will  accommodate  such  requests,  consistent  with  the statutory  obligation  ~o  minimize  the  size  of  the  Host  Team.' . I Represent  ives.from  the  .National  Authority  and  other  agenc  s have  the  ght  to  proyide  advice  on  substantive.issues  on  which they have  expertise  to  the  Host  Team  leader  during  an  inspection. The Host  Team  leaderi can  accept  or  r'eject  the  advice  except  that disputes over  sampling  in  the  United  States  should  be  resolved  in accordance  with  Sectipn  304(f) (1)  of  the  Act  and  regUlations issued by  the  Department  of  State;  and (c) Promptly  referring  to  the  CWC/IWG  issues  that  se between  the  Host  Teami  and  the  Inspection  Team  that  the  Lead Agency determines  to  be  new  and  substantial  and  that  cannot  be resolved  on-si~e durihg  the  inspection. 7

PART V  -- SPECIFIC  DUT[ES  AND  RESPONSIBILITIES  OF  EXECUTIVE DEPARTMENTS AND  AGENCIES Section 5.1. Purpose. I The purpose  of  this  part  is  to  assign specific, responsibilities implementing  the  CWC  and  the  to Federal  departments  and  agencies. These assignments  take  into account the  general  mibsions  of  the  departments  and  agencies  and their constituencies. Section 5.2. The Depar~ment of  De  e  (DOD)  shall: (a) Serve  as  Leadl  Agency  collection  of  data  declarations and other  information  ~equired by  the  CWC  and  the  Act  from  its lit s  specified  in  section  4.2  and  forward  the  information and data,  which  will  b:e  aggregated  where  appropriate,  to  the  USNA r transmission  to  the  OPCW; (b) Serve  as  Lead  Agency  for  inspections  of  its  facilities fied in  section  4.2,  as  follows: (1) Upon receiving  nCltifi  ion  of  each  inspection  from the USNA'I'  inform  the  lity to  be  inspected  in  a timely manner; I (2)Act as  l~ad,  host  and  escort  for  each  inspection team, consistent  with  the  applicable  Host  Country Agreement! or Host  Nation  negotiated  arrangements for overdeas  facilit  ; (3)COnsisteJt with  Section  1.5(b)  and  (c),  negotiate facility !agreements between  the  United  States Governme~t and  the  OPCW  as  provided  for  by  the  CWC and the  Rct; (4) Take apPrillopriate  measures  to  protect  employees,  the security of  activities,  data,  and  property  to  the fullest extent  of  the  law;  and I (5) Help prepare  facilities  ions,  including planning,I programming,  budgeting,  training,  and' assessing the  extent  of  national  security, proprietdry or  other  sensit  information possessed by  the  facility; I ' (c) Oversee  and  conduct  the  destruction  of  chemical  weapons (CW) and  of  CW  production  facilities  as  required  under  the CWC; 8

(d) Manage  DOD  aClti vities  including  programming,  budgeting, (e) In  consultatibn  with  the  Department  of  state  and  other appropri agencies,  ~eveloP'  negotiate,  and  conclude  agreements or formalized  understandings  with  gn  governments  that  host DOD or  other  relevant  ~acili  es  or  assets  by  agreement  with  the United S s  that  could  be  subject  to  CWC  inspections; (f) Provide  mater!ial  resources,  on  a  cost  reimbursable basis, as  coordinated  land  agreed  upon  wi thin  the  CWC/IWG,  for  CW protective  assistance  to  other  S  es  Parties  under  Article  X  of the  CWC; (g) Fund  and  conduct  research,  development,  testing,  and evaluation in  support ~f DOD  CW  protective  activities  and  of  DOD CWC implementation  requirements; (h) e,  conJistent  with  U.s.  laws,  regulations, ,policy and guidel ,  the  Single  Small  S e  Facility  (SSSF)  and 10kg facility  pro~ective purposes  permitted  by  the  CWC; (i) Respond  to  rJquests  for  assistance  from  other  CWC/IWG departments and  agenci1es  for  CWC  implementation  on  a  not-to­ interfere and  cost-rei!mbursable  basis; , I (j)  Coordinate  with  the  Department  of  Commerce  and  other agencies as  appropriabe  so  that  the  United  States  production  of Schedule  1  chemicals  ~nd the  amount  of  Schedule  1  chemicals inventory the  Unit~d states  are  within  the  CWC-prescribed limits to  the  ent  ~uthorized by  law; I (k) Prevent  disclosure  during  CWC  cation activities of  sensitiv11e  nuclear  information,  consistent  with  the Atomic Energy  Act  of  1954  (PL  83-703),  as  amended; (1) Provide,  Jccordance  with  the  NSDD-38  process,  the Deputy Permanent  U.S.  IRepresentative  to  the  OPCW,  who  will  be resident  in  The  Hague1 (m) Prevent  unauthorized  disclosure  of  sensitive  CW  defense technology; I I (n)  Provide  technical  advice  to  the  Departments  of  State  and I Commerce regarding  CWer-related  export  control  matters; (0) Fund  and  proJide  the  following  in-kind  ces ass06iated with  multilateral  verification  at  U.S.  lities under Article  IV  and  V I the  CWC:  domestic  transportation  of I. 9 inspectors and  equipment;  inspector  lodging  and  equipment storage; workspace:  ihstallation,  service,  and  maintenance  of continuous  monitoringl  equipment;  medical  and  health  care  directly related to  inspections;  and  0  ial  communications: (p) Through  the  lappropri  DOD  component  responsible  for on-site inspection  support: (1) 	For all  CWC  inspections  in  the  United  st  es,  meet and assist  Treasury  and  Justice  officials  to I litate  customs  and  immigration  of  CWC inspect~on teams at  the  point  of  entry  or  exit (POE). Con'firm that  the  verification  equipment brought by  a  CWC  inspection  team  meets  with  agreed fications, and  impound  equipment  that  does  not meet th~se  specificat  until  the  final  departure of the  ~nspection team; (2) For  all Icwc  inspections  of  DOD  facilities  owned  by or  leased  to  DOD,  including  facilities  that  are contractor operated  (consistent  with  the  Host Country IAgreement  or  Ho  Nation  negotiated arrangement,  for  overseas  facilities)~  make arrangedents for  food,  lodging,  communications,  and transporltation to  and  from  the  perimeter  of inspect~d site,  and  provide  on-site  escorts; I (3)At the  direction  of  Secretary  of  Defense  and  at I the  request  of  the  owners,  as  conveyed  through  the Lead Ag~ncy for  inspections  of  facilities  not  owned , I or operated  by  the  U.S.  Government  or  contracted, for Uselby  or  for  the  U.S.  Government,  assist  the facility to  prepare  for  possible  inspections pursuant to  the  Convention  and  Section  310  of  the Act on  J  not-to-interfe~e and  cost  reimbursable basis; Jnd (4)Assist 	lnd support  CWC  inspection  regime prepara~ and  execution  on  a  not-to-interfere  and cost reimbursable  bas'is,  if so  requested  by  other I Lead Ag,enc  ,and as  approved  by  DOD;  and (q) Maintain  aJ  OPCW-designated  laboratory  for  off-site analysis of  samples  taken  during  CWC  inspections. , I 	. Section 5.3. The Department  of  State  shall: . ( a ) Carry  out  t Je  f unctlons . 11 of  the  USNA  as  ed  ln  the and in  Section  lJ5  aboyei 10
 * s~wc; ion,  and  operrtion  r  protective  purposes  permitted  by

(b) Provide  the  administrative  staff  .support  for  the. USNA, and prepare  and  serve  as  executive  secretary  for  meetings  of  the CWC/IWG as  directed  by  that  body; (c) Coordinate  and  monitor  CW  arms  control  policy  in  a manner  consistent  with  United  states  foreign  policy  objectives and law; (d) Coordinate  diplomatic  activities  in  support  of  the  CWC, including bilateral  and  multilateral  efforts  to  promote  universal adherence; (e) In  consultation  with  the  Department  of  Defense  and  other appropriate agencies,  develop,  negotiate,  and  conclude  agreements or formalized  understandings  with  foreign  governments  that  host DOD or  other  relevant  facilities  or  assets  by  agreement  with  the United states  that  could  be  subject  to  CWC  inspections; (f) Prepare  for,  staff,  and  coordinate  interagency participation in  international  bodies  related  to  the  CWC, including representation  on  the  OPCW  Executive  Council  and  the Conference of  the  state  Parties; (g) Provide,  in  accordance  with  the  NSDD-38  process,  the United states  Representative  to  the  OPCW; (h) Provide  the  United  states  Permanent  Representative  to the  OPCW,  who  will  be  resident  in  The  Hague; (i) Receive  requests  for  guidance  from  the  United  states Delegation to  the  OPCW,  coordinate  the  interagency  backstopping effort, and  transmit  interagency  approved  guidance  to  posts  as appropriate; (j) Fund  the  United  states'  share  of  the  OPCW  budget  as  a line  item  in  the  Department's  annual  appropriation; (k) Fund  agreed  reimbursable  costs  associated  with verification at  U.s.  facilities  under  Article  IV  and  V  of  the CWC, to  include:  international  transportation  of  inspectors  and inspection equipment;  inspector  salaries;  consumable  items  of equipment,  protection  and  safety  equipment,  and  medical  supplies and equipment  used  during  the  inspection;  and  daily  inspector sUbsistence allowance  costs,  less  lodging,  (and  less  meals  at Johnston  Island),  to  the  extent  provided  by  law; (1) Administer  and  enforce  the  export  licensing  provisions of the  CWC  and  the  Act  with  respect  to  United  states Munitions List items  that  are  governed  by  the  International  Traffic  in  Arms 11

Regulations (22  CFR  Parts  120-130)  and  the  Arms  Export  Control Act (PL  90-629  (as  amended)); (m) Coordinate  the  CW  nonproliferation  policy  of  the ,United states in  a  manner  consist  with  the  CWC; (n) Operate  for  the  United  states  Government  through Nuclear Risk  Reduction  Center  (NRRC),  the  end-user  station  of  the CWC communications  network  ished  by  the  OPCW; (0) Through  the  NRRC,  transmit  interagency-cleared, formatted notifications,  accordance  with  NSDD-301  and subsequent NSC  directives; (p) Co-chair,  with  the  Intelligence  Community,  the Verification and  Compliance  Analysis  Working  Group; (q) In  support  of  the  IWG,  information  from  (1)  Lead Agencies regarding  U.s.  CWC  impl  ation~  (2)  the  OPCW,  and (3) others  as  appropriate  with  ct  to  international CWC-related activities,  and  provide  s  information  to  al'l appropriate  departments  and  agencies; (r) Forward  interagency-cleared  department  and  agency comments on  draft  inspection  reports  to  the  OPCWi (s) In  coordination  with  the  CWC/IWG"  issue  agreed rpretations  of  CWC  provisions  as  needed  without  prejudice  to the  responsibilities  of  lead  agencies  as  outlined  in  section  4.3 above; (t)  Maintain  negotiating  and  other  rds  relevant  to  the CWC; (u)  Report,  in  accordance  with  Section  306  of  the  Arms Control  and  Disarmament  Act,  as  amended  (22  U.S.C.  2577),  as coordinated  and  cleared  by  the  CWC/IWG,  to  the  United  states Congress  in  a  timely  manner,  or  at  the  t  of  an  appropriate Congressional  committee,  Ori  any  significant  degradation  or alteration  in  the  capacity  of  the  United  s  to  verify compliance  with  the  CWC; out  the  ,following  enforcement  responsibilities with  re  to  the  imposition  of  civil  pena  ies  under  Section 501  (a)  Act: (1)  Issue  notices  of  violation  and  assessment.  state will implement  Commerce's  recommendations  concerning notices of  violation  and  assessment  if they  are  in ,accordance  with  applicable  law. Once st  has 12 determined that  a  not  of  violation  and  assessment will be  issued,  it will  have  Commerce  perform  the function of  serving  the  notice  for  state; (2) Issue  final  orders  accordance  with  the  notice  of violation  and  assessment  if there  has  been  no  timely request for  a  hearing; (3) Issue  final  orders  pursuant  to  settlements. state will accept  Commerce's  recommendations  with  respect  to settlements  if they  are  accordance  with  applicable law; , (4) Decide  whether  to  modi  or  vacate  an Administrative  Law  Judge  (ALJ)  decision  and  order;  and (5) Provide  for  the  services  of  an  ALJ  to  conduct hearings and  adjudicate  cl  ; (w) Except  as  otherwise  provided  PDD,  prepare  the reports specified  in  the  Senate  resolution  of  advice  and  consent to ratification of  the  CWC,  including  the  report  on compliance  specified  in  the  resolution,  coordination  with  the CWC/IWG; and (x) Disseminate  general  public  information  concerning  the CWC consistent  with  Lead  Agency  respons  lities. S ion  5.4. The Department  of  Energy  ("DOE")  shall: (a) Serve  as  Lead  Agency  for  collection  of  data  declarations and other  information  required  by  the  CWC  and  Act  from  its ilities specified in  section  4.2,  including  National Laboratories and  components  of  the  nuclear  weapons  complex,  and rward the  formation  and  data,  which  will  be  aggregat~d where appropriate, to  the  USNA  for  transmiss  to  the  OPCW; (b) Serve  as  Lead  Agency  for  inspections  of  its  lities fied in  section  4.2  as  follows: (1) Upon receiving  notification  of  each  inspection  from the USNA,  inform  the  facility  to  be  ed  in  a timely  manner; (2)Act 	as lead,  host  and  escort  for  each  inspection team; (3)'Consistent with  Section  1.5(b)  and  (c),  negotiate facility agreements  between  the  United  st  es 13

Government and  the  opew  as  provided  for  by  the  ewe and the  Act; n (4) 	Take appropriate  measures  to  protect  employees,  the security of  activities,  data,  and  property  to  the fullest extent  of  the  law;  and (5)Help 	prepare facilities  inspections,  including planning, programming,  budgeting,  training,  and assessing the  extent  of  ional  security, proprietary or  other  sensit  information possessed by  the  facility: (c) Prevent  the  disclosure  during  ewe  verification activities of  sensitive  information,  consistent  with  the  Atomic Energy of  1954  (PL  83-703),  as  amended:  and (d) Conduct  research  and  development,  as  needed,  in coordi  ion  with  the  Departments  of  De  and  state,  to support  ewe  policy  and  implementation  needs  of  the  United states. " section 5.5.  04:23, 17 November 2012 (UTC)04:23, 17 November 2012 (UTC)04:23, 17 November 2012 (UTC)04:23, 17 November 2012 (UTC) The 	 of  Commerce  shall: (a)  Issue,  amend,  or  revise  regulations,  orders,  or directives  as  necessary  to  implement  the  data  declaration, reporting  and  inspection  requirements  of  ewe  and  the  Act  for J facilities  ed  in  section  4.2; (b)  Serve  as  Lead  Agency  for  collection  of  data  declarations and  other  information  required  by  the  ewe  and  Act  from facilities  edin section  4.2  and  forward  information and  data,  which  will  be  aggregated  where  appropriate,  to  the  USNA for  transmission  to  the  opew; (c)  Serve  as  Agency  for  inspections  of  ilities specified  in  s  ion  4.2  as  follows: (1) Upon  receiving  notification  of  each  inspection  from the  USNA,  provide  Host  Team  noti  cation  in  a timely  manner  to  the  facility  to.be  cted,  if appropriate,  and  obtain  consent  from  cilIty, or i)  routine  inspection~,  a~  necess  ·and  in conjunction  with  the  Department  of  Justice,  obtain an  administrative  warrant,  and  ii)  for  challenge inspections, as  necessary,  assist  the  Department  of Justice  obtaining  criminal  warrants; (2)Act 	as lead,  host  and  escort  for  each  inspection team; 14

(3) Consistent with  Section  1.5(b)  and  (c),  negotiate facility s  between  the  United  States Government and  the  OPCW,  as  provided  for  by  the  CWC and the  , . (4) 	Take appropri  e  actions  to  protect  confidential business rmation  and  national  security information to  the  maximum  extent  possible, minimize inspe  ion  burdens  and  costs  to facilities,  and  limit  the  scope  of  on-site act ties  to  the  relevant  inspection  aims  of  the Convention; and (5)Help 	prepare facili  es  inspections,  including planning, programming,  budgeting,  training,  and assessing the  extent  of  ional  security, proprietary, or  other  sensinformation possessed by  the  facility; (d) Carry  out  the  following,enforcement  responsibilities with respect  to  the  imposition  of  c 1  penalties  under Section 501  (a)  of  the  Act: (1) Consistent  with  Section  9  of  Executive  Order  13128, conduct investigations  to'determine  whether  there  have been violations; (2) Draft  letters  of  intent  to  charge  and  notices  of violation  and  assessment; (3) Issue  letters  of  intent  to  charge. These letters advise a  person  that  Commerce  has  conducted  an investigation,  concluded  that  the  person  has  committed a violation  and  intends  to  recommend  that  State  issue  a notice  of  violation  and  assessment; (4) Make  recommendations  to  State  concerning  the notices of  violation  and  assessment,  which recommendations State  will  accept  if  in  accordance  with applicable law. Once State  has. deter~ined that a notice  of  violation  and  assessment  will  be  issued, Commerce will  perform  the  function  of  serving  this notice for  State; (5) Conduct  settlement  negotiations; (6) Dra  orders  and  decisions,  including  proposed final orders  and  proposed  decisions  and  orders  for  ALJ proceedings; 15

(7) Introduce  evidence  and  testify  at  hearings; (8) Represent  the  United  states  Government  at  hearings; (9) Advise  state  on  obtaining  the  services  of  ALJs  who will conduct  the  hearings; (10) Advise  state  and  Justice  if  an  individual  or entity  fails  to  comply  with  a  final  order. If Justice initiates action,  Commerce  will  support  Justice  in pursuing  that  action;  and (11) Make  recommendations  to  state  for  settlement  of cases  and  the  entry  of  orders  pursuant  to  settlement, which recommendations'State  will  accept  if  they  are  in accordance  with  applicable  law; (e) Conduct  outreach  programs  as  necessary  to  inform il ies  specified  in  section  4.2  of  rights  and obligations under  the  Convention; (f) Issue,  amend,  or  revise  regulations,  orders,  or. di i ves  as  necessary  to -administer  and  the  traderestriction  provisions  of  the  CWC  with  respect  to  Scheduled chemicals that  are  not  listed  on  the  U.s.  Munitions  List; (g) In  coordination  with  the  CWC/IWG,  dra  the  President's annual  report  to  the  Congress  certifying  that  legitimate commerci act  ties  and  interests  of  chemical,  biotechnology, and pharmaceutical  firms  in  the  United  States  are  not  being signifi ly  harmed  by  the  limitations  of  the  Convention; (h) Coordinate  with  DOD  and  other  agencies  as  appropriate  so that  the  ted  states  production  of  Schedule  1  chemicals  and  the amount of  Schedule  1  chemicals  in  inventory  in  the  United  st  es are  within  CWC-prescribed  limits  to  the  extent  autho  zed  by law; (i) Provide  members  of  the  U.s.  Delegation  to  the  OPCW, including an  rnate  Permanent  U.s.  Representative  to  the  OPCW, who will  be  resident  in  The  Hague; (j) To  the  ext  authorized  by  law,  and  subject  to section  9  of  Executive  Order  13128,  perform  investigat functions relating  to  violations  of  section  404(d)  or  section 501(b) of  the  Act  or  to  violations  of  any  regulations  or  orders implementing CWC  responsibilities  delegated  to  Commerce,  and,  as appropriate,  re  r  cases  to  the  Department  of  Justice  for initiation of  criminal  proceedings;  and 16

(k) Coordinate  the  disseminat  of  public  information  and public relations  relating  to  CWC  compliance  by  facilities c6nsistent with  section  4.2. Section 5.6. 04:23, 17 November 2012 (UTC)04:23, 17 November 2012 (UTC)04:23, 17 November 2012 (UTC) The 	 of Justice  shall: (a) Ensure  that  implementation  of  the  CWC  and  the  Act  is consistent  with  the  individual  ghts  guaranteed  by  the  United States Constitution; (b) Advise  executive  departments  and  agencies  on  domestic legal issues  arising  from  CWC  implementation; (c) Represent  the  United  States  Government  legal challenges 	to implementation  of  the  CWC  and  the  Act  by  affected s in  the  United  States; (d) Coordinate  with  the  Lead  Agency  obtaining admini at  warrants  and  obtain  criminal  warrants  for  CWC ions, as  necessary; (e) In  coordination  with  other  execut  departments  and Sf enforce  criminal  sanctions  for  olations  of  the  Act; and (f) Provide  a  special  agent  of  the  1  Bureau  of Investigation  to  accompany  each  CWC  inspection  of  U.S.  facilities in United  States  as  required  by  Section  303 (b)  (2)  of  the  Act. Section 5.7. 04:23, 17 November 2012 (UTC)04:23, 17 November 2012 (UTC)04:23, 17 November 2012 (UTC)04:23, 17 November 2012 (UTC) The of  the 	 11: Assist administering  and  enforcing  the  export  and  import requirements of  the  CWC  and  the  Act  on  behalf  of  Department of S  and  Department  of  Commerce  consistent  with  agreements between relevant  agencies  and  Executive  Order  13128. Section 5.8. The Director  of  Central  Intelligence,  representing the agenc  s  of  the  Intelligence  Community  (IC),  shall: (a) Co-chair  with  State  the  Verification.and  Compliance Analysis Working  Group; (b) intelligence  support  to  the  CWC/IWG; (c) Prepare  the  annual  reports  on  intelligence  specified  in the  Senate  resolution  of  advice  and  consent  to  ratification  of the  Convention; 17

(d) Perform  or  contract  for'research,  development,  and procurement of  technical  systems  and  devices  for  monitoring  ewe compliance by  other  states  Parties;  and (e) Identify  potential  noncompliance  concerns  outside  of  the. United Stat~s,  includ{ng  su~pect  sit~s  6n,the  territory ,of  other states Parties,  and  su'spect  sites' of  states  Parties  on  the territory of  non-stat~s  Parties. This d.ocument  is  effective  upon  signature 0, , I &.1  t.  ....«  I' 11. ' • ' 'LN~(j;~ PHOTOCOPY

WJC HANDWRITING