DHS Announces Proposed Ammonium Nitrate Security Program
On August 2, 2011, the Department of Homeland Security Secretary Napolitano announced the publication of a proposed rule to create an Ammonium Nitrate Security Program to secure potentially dangerous chemicals. Ammonium nitrate is primarily used in fertilizers, first aid products, and regulated commercial explosives in support of the construction and mining industries. However, it has also been used as a main component in powerful explosives for attacks, including terrorism. The proposed program would increase security by working with domestic purchasers to validate legitimate use and require those selling ammonium nitrate to retain records and report theft or loss of ammonium nitrate to federal authorities within 24 hours of discovery.
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Written comments on the proposed rule are due by December 1, 2011.
DHS Comments on How Proposed Rule May Affect Imports and Exports
DHS states that it is aware that transaction protocols may be different for sales or transfers that occur as part of imports or exports of ammonium nitrate than for purely domestic sales or transfers. As part of this proposed rule, DHS proposes to regulate all ammonium nitrate transfers that occur within the United States. As such, DHS would require the verification and recordkeeping activities described in the proposed rule whenever possession of ammonium nitrate changes hands inside the United States.
For example, if an individual brings ammonium nitrate into the country and transfers possession of it to another person within the United States, the verification and recordkeeping activities described in the proposed rule would be required.
Similarly, if an individual in the United States transfers possession of ammonium nitrate to another person who intends to export that ammonium nitrate, the verification and recordkeeping activities described in this proposal would be required.
Verification and recordkeeping would not be required, however, if an individual transports ammonium nitrate out of the country as long as there is no transfer of possession of the ammonium nitrate when it is inside the United States. Likewise, verification and recordkeeping would not be required if an individual brings ammonium nitrate into the country as long as there was no transfer of possession of that ammonium nitrate when it is inside the United States.
DHS seeks comments on this proposal, on the methods of conducting ammonium nitrate imports and exports, and on any potential alternative treatments of imported or exported ammonium nitrate.
Subsequent Federal Register notice (08/03/11) available here.
* ITT summary expanded on 11/14/11.