DHS Holds Add'l Meeting on Proposed Ammonium Nitrate Security Program
On August 3, 2011, the Department of Homeland Security published a proposed rule to create an Ammonium Nitrate Security Program to secure ammonium nitrate, which is primarily used in fertilizers, first aid products, and regulated commercial explosives in support of the construction and mining industries, but can also been used as a main component in powerful explosives for attacks, including terrorism. Written comments on the proposed rule are due by December 1, 2011, and DHS had announced in October eleven public meetings across the country on the proposed rule. DHS is now announcing another public meeting on the proposed rule, which is scheduled for November 17, 2011 in St. Petersburg, Florida.
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DHS Has Said Proposed Rule May Affect Certain Imports and Exports
DHS has stated in the proposed rule 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 is seeking 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.
Federal Register publication of proposed rule (08/03/11) available here.