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Export Controls on Chemicals and Biological Agents Updated

Tuesday, June 07, 2016
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule that, effective June 7, makes the following changes to the Export Administration Regulations to reflect decisions by the Australia Group. The AG is a forum of 41 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.

BIS states that the changes made by this rule only marginally affect the scope of the EAR controls on precursor chemicals, human and animal pathogens/toxins, and equipment capable of use in handling biological materials.

- Export Control Classification Number 1C350, which controls chemical precursors, is amended by adding the chemical diethylamine.

- ECCN 1C351, which controls certain human and zoonotic pathogens and toxins, is amended by moving two viruses (severe acute respiratory syndrome-related coronavirus and reconstructed 1918 influenza virus) from 1C351.b to 1C351.a and updating the nomenclature of 17 viruses. The license requirements for the two viruses being moved remain unchanged.

- ECCN 2B352, which controls equipment capable of handling biological materials, is amended to (a) more fully identify the characteristics that biocontainment chambers, isolators and biological safety cabinets must possess to be controlled under this ECCN, (b) amend the controls on aerosol inhalation equipment described in ECCN 2B352.h to include nose-only exposure apparatus, and (c) update the controls on freeze-drying (lyophilization) equipment in recognition of the increasing viability of gas or vapor sterilizable freeze-drying equipment as an efficient and low-cost alternative to steam sterilization.

- Angola and Burma are added as states party to the Chemical Weapons Convention.

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