1. The additional regime
Chemicals are the most regulated product category in international trade.
Beyond the ordinary trade documents, the importer faces classification, safety, transport and environmental regimes, each with its own documents.
2. The ordinary set
Commercial invoice.
Packing list.
Bill of lading.
Certificate of origin.
3. The safety data sheet
The SDS, formerly the MSDS, is the central document.
It provides the hazard classification, the handling precautions, the first aid measures, the transport classification and the disposal requirements.
Requirements: the SDS should be in the destination’s language, and should follow the Globally Harmonized System format.
The GHS format has sixteen sections, and a compliant SDS is recognisable by its structure.
An SDS that is a decade old, or not in GHS format, is rejected by many destination authorities.
4. The transport classification
Chemicals are classed as dangerous goods for transport, and the classification determines the documentation.
UN number and proper shipping name.
Hazard class and packing group.
The dangerous goods declaration.
Packing and labelling requirements.
The transport documents: the DG declaration, the packing certificate, the container packing certificate.
The regimes: the IMDG Code for sea, IATA for air, ADR for road.
5. The import registration regimes
European Union
REACH registration for substances manufactured or imported above one tonne per year.
REACH pre-registration and the substance’s status on the candidate list of substances of very high concern.
The importer is responsible for the registration.
United States
TSCA inventory listing.
TSCA import certification for chemicals not on the inventory.
China
The inventory of existing chemical substances, and the registration of new chemical substances.
6. The product-specific regimes
Rotterdam Convention for certain hazardous chemicals: prior informed consent procedure.
Stockholm Convention for persistent organic pollutants.
Montreal Protocol for ozone-depleting substances.
Precursor chemical controls for drug precursors.
Narcotic and psychotropic substance controls.
7. The licensing
Chemical imports often require an import licence or registration in the destination.
Precursor chemicals for China’s export control regime require an export licence.
8. The common errors
Outdated SDS
Not in GHS format, or in the wrong language.
No dangerous goods declaration
Required for shipment, and the carrier will refuse.
No TSCA or REACH compliance
The importer’s obligation, but the exporter’s documents make it possible or impossible.
Misclassified transport hazard
The carrier’s refusal and the port’s rejection.
No precursor chemical licence
An export control violation.
9. The documentation sequence
Establish the substance’s identity by CAS number.
Obtain or prepare the GHS SDS in the destination language.
Establish the transport classification.
Establish the import registration status in the destination.
Obtain the licences.
Prepare the trade documents.
10. Closing view
Chemical documentation is the category where preparation cannot be improvised, because the regimes are registration-based and registration cannot be obtained at shipment.
The exporter’s role is to supply the information the importer needs to comply, and to comply themselves on export.
*This article is based on GHS, the IMDG Code, REACH, TSCA and China’s chemical registration and export control regimes. Traders should consult the relevant authorities and specialist advisers.*