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Export Controls on Chemicals and Biological Agents Updated

Wednesday, April 04, 2018
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule that, effective April 2, makes the following changes to the Export Administration Regulations to reflect decisions by the Australia Group. The AG is a forum of 42 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 these changes only marginally affect the scope of the export controls on chemical weapons precursors, human and animal pathogens/toxins, chemical manufacturing equipment, and equipment capable of use in handling biological materials.

- The following Export Control Classification Numbers are amended to reflect the February 2017 intersessional implementation meeting recommendations adopted by the AG: ECCN 2B350 (by adding certain prefabricated repair assemblies, and specially designed components therefor, that are designed for attachment to glass-lined reaction vessels, reactors, storage tanks, containers, or receivers controlled by this entry); ECCN 2B351 (by clarifying that toxic gas monitoring equipment includes toxic gas monitors and monitoring systems as well as their dedicated detecting components); and ECCN 2B352 (by adding certain nucleic acid assemblers and synthesizers to this entry and clarifying how the capacity of certain fermenters should be measured for purposes of determining whether they are controlled under this entry).

- The following ECCNs are amended consistent with the June 2017 AG plenary implementation meeting recommendations adopted by the AG: ECCN 1C353 (to clarify that genetically modified organisms include organisms in which the nucleic acid sequences have been created or altered by deliberate molecular manipulation and that inactivated organisms containing recoverable nucleic acids are considered to be genetic elements); and ECCN 1C350 (by adding N,N-Diisopropylaminoethanethiol hydrochloride).

- The EAR is amended to reflect the addition of India as a participating country in the AG.

- Several typographical errors in a note to ECCN 1C351 are corrected.

- The advance notification requirements that apply to certain exports of saxitoxin are updated.

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