The Bureau of Industry and Security has issued a final rule that, effective Aug. 18, amends the Export Administration Regulations to reflect changes agreed by the Nuclear Suppliers Group at its plenary meetings in June 2019 and June 2022. BIS states that these amendments protect U.S. nuclear nonproliferation interests while aligning the EAR with the control text agreed to by participating governments.
NSG participating countries share a commitment to prevent nuclear proliferation and the development of nuclear-related weapons of mass destruction. They have undertaken to impose export controls on the items listed in the annexes to the NSG Guidelines to ensure that nuclear trade for peaceful purposes does not contribute to the proliferation of nuclear weapons or related proliferation activities. The NSG maintains two lists of items subject to these controls: a list of items especially designed or prepared for nuclear uses (the trigger list), and a list of dual-use items that could be used for nuclear proliferation activities.
Changes being made to the EAR to fulfill U.S. commitments to the NSG include the following.
- removing water-hydrogen sulfide exchange tray columns and internal contractors from the Commerce Control List and removing ECCN 1B229, which controlled only these items
- clarifying that only hydrogen isotope purification systems fall within the scope of ECCN 1B231
- replacing the outdated unit “atomic mass units” in the title of ECCN 3A233 with the modern and widely-accepted unit “u” or “Dalton”
- revising the control parameters for the items controlled by ECCNs 2B209 and 2B228 so they now have internal diameters of between 75 mm and 750 mm
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