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Export Controls on Chemicals and Biological Agents Updated

Friday, December 16, 2016
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule that, effective Dec. 16, 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.

Export Control Classification Number 1C351, which controls certain human and zoonotic pathogens and toxins, is amended to (1) update the nomenclature for two bacteria and five toxins, (2) remove the listing for dengue fever virus, (3) update the nomenclature of the listing for conotoxin, and (4) consolidate the controls for shiga toxin and verotoxin (and other shiga-like ribosome inactivating proteins) under a single listing.

ECCN 2B352, which controls equipment capable of handling biological materials, is amended to (1) revise the controls on cross (tangential) flow filtration equipment described in 2B352.d.1, (2) clarify that the exclusion from the controls on such equipment applies to hemodialysis equipment, as specified by the manufacturer, as well as reverse osmosis equipment, and (3) update the controls on biological containment facilities and related equipment and the controls on fermenters.

BIS states that these changes only marginally affect the scope of the export controls on human and animal pathogens/toxins and equipment capable of use in handling biological materials.

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