Presidential Decision Directive 70

Presidential Decision Directive 70 (PDD-70) (1999)
by William J. Clinton
1400964Presidential Decision Directive 70 (PDD-70)1999William J. Clinton


THE WHITE HOUSE

WASHINGTON

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

(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


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(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, ~~:s~wc; ion, and operrtion r protective purposes permitted by (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

(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