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Export Regulations Amended for Biological/Chemical Control Regime Changes

Wednesday, June 05, 2013
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule that, effective June 5, amends the

Export Administration Regulations to implement the understandings reached at the June 2012 plenary meeting of the Australia Group and the 2012 AG intersessional decisions. The AG is a forum of 40 countries that maintain export controls on a list of chemicals, biological agents, and related equipment and technology that could be used in a chemical or biological weapons program.

According to the BIS, this rule makes the following changes.

- amends the Commerce Control List entry that controls human and zoonotic pathogens and toxins to reflect changes to the AG List of Biological Agents for Export Control, including the addition of three pathogens and clarifications to two other items

- amends the CCL entry that controls plant pathogens to reflect the addition of five pathogens to the AG List of Plant Pathogens for Export Control and clarifications to six pathogens identified on this list

- amends the CCL entry that controls equipment capable of handling biological materials to reflect the addition of certain spray-drying equipment to the AG Control List of Dual-Use Biological Equipment and Related Technology and Software

- removes the CCL entry that controls select agents that are not identified on any of the AG common controls lists but are identified on the CCL because they are (or were, until recently) subject to controls maintained by the Centers for Disease Control and Prevention and the Animal and Plant Health Inspection Service on their possession, use and transfer within the U.S. and adds those select agents that remain subject to the CDC/APHIS controls (as well as a recent addition to the list of select agents) to the AG-related CCL entries that control human and zoonotic pathogens and toxins and plant pathogens, respectively

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