‘‘(E) RETENTION
OF
PRE-EXPORT
NO-
TICES.—An exporter required to provide a no-
tice under subparagraph (A) shall maintain a 
copy of the notice and other documents used to 
generate the notice and have it readily available 
for a period of no less than 3 years beginning 
on the date on which the notice is provided. 
‘‘(3) LABELING
AND
DOCUMENT
REQUIRE-
MENTS.— 
‘‘(A) IN
GENERAL.—In the case of any 
chemical substance or mixture that is the sub-
ject of a notice issued under subparagraph (A) 
or (C) of paragraph (4) and that is manufac-
tured, processed, or distributed in commerce, 
the chemical substance or mixture shall, as re-
quired by the PIC Convention— 
‘‘(i) bear labeling information relating 
to risks or hazards to human health or the 
environment; and 
‘‘(ii) be accompanied by shipping doc-
uments that include any relevant safety 
data sheets on the chemical substance or 
mixture. 
‘‘(B) CUSTOM
CODES.—A chemical sub-
stance or mixture that is the subject of a notice 
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issued under paragraph (4)(C) and that is dis-
tributed or sold for export shall be accompanied 
by shipping documents that bear, at a min-
imum, any appropriate harmonized system cus-
toms codes assigned by the World Customs Or-
ganization. 
‘‘(4) NOTICE
REQUIREMENTS
AND
EXEMP-
TION.— 
‘‘(A) DETERMINATION
WHETHER
CHEM-
ICAL SUBSTANCE OR MIXTURE IS BANNED OR 
SEVERELY RESTRICTED.— 
‘‘(i) IN
GENERAL.—The Adminis-
trator, with the concurrence of the Sec-
retary of State, shall determine whether a 
chemical substance or mixture is banned or 
severely restricted within the United States 
(as those terms are defined by the PIC 
Convention). 
‘‘(ii) NOTICE OF DETERMINATIONS.— 
Notwithstanding any other provision of 
law, the Administrator shall issue to the 
Secretariat of the PIC Convention and the 
public a notice of each determination 
under clause (i) that includes— 
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‘‘(I) in the case of a notice to the 
Secretariat of the PIC Convention, 
the information specified in Annex I 
to the PIC Convention; and 
‘‘(II) in the case of a notice to 
the public, at a minimum, a summary 
of that information. 
‘‘(B) NOTICE TO FOREIGN COUNTRIES.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law, with respect to 
a chemical substance or mixture that is 
banned or severely restricted under para-
graph (2)(A)(ii), the Administrator shall 
provide to the designated authority of the 
importing foreign state a copy of the 
preexport notice it determines represents 
the first export to the importing foreign 
state after a determination under subpara-
graph (A) that the chemical substance or 
mixture is banned or severely restricted 
and, thereafter, the preexport notice it de-
termines represents the first export in each 
calendar year to the importing foreign 
state. 
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‘‘(ii) 
NONIDENTIFIED
DESIGNATED 
NATIONAL
AUTHORITY.—In a case in 
which a designated national authority has 
not been identified, the Administrator shall 
provide the notice of intent to export to 
any other appropriate official of the im-
porting foreign state, as identified by the 
Administrator. 
‘‘(C) NOTICE TO PUBLIC.— 
‘‘(i) IN
GENERAL.—The Adminis-
trator, with the concurrence of the Sec-
retary of State, shall issue a notice to in-
form the public of— 
‘‘(I) any chemical substance or 
mixture that is listed on Annex III to 
the PIC Convention and the condi-
tions and restrictions applicable there-
to; and 
‘‘(II) any condition or restriction 
of an importing foreign state that is 
applicable to the import, in accord-
ance with the PIC Convention, of the 
chemical substance or mixture. 
‘‘(ii) 
TIMING.—A 
notice 
required 
under clause (i) shall be issued not later 
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than 90 days after, and any conditions or 
restrictions described in clause (i)(II) shall 
take effect not later than 180 days after, 
the date of receipt of a notice, from the 
Secretariat of the PIC Convention, that— 
‘‘(I) transmits import decisions of 
the parties to the PIC Convention; or 
‘‘(II) provides notice of the fail-
ure of the parties to provide import 
decisions. 
‘‘(iii) TREATMENT
OF
CONDITIONS 
AND
RESTRICTIONS.—A condition or re-
striction identified by a notice required 
under clause (i) shall be considered to be 
an export condition or restriction for the 
purpose of paragraph (1). 
‘‘(D) NOTICE
OF
EXEMPTION.—The Ad-
ministrator may issue a notice exempting any 
chemical substance or mixture from the require-
ments of paragraphs (1) through (3), and sub-
paragraph (B) of this paragraph, if the Admin-
istrator determines, with the concurrence of the 
Secretary of State, that the exemption would be 
consistent with the PIC Convention or the 
POPs Convention. 
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