The Bureau of Industry and Security has issued a final rule that, effective Jan. 17, amended the Export Administration Regulations as follows.

- amends ECCN 1C353 to clarify that export controls on genetic elements and genetically modified organisms include any gene(s) or translated product(s) specific to any controlled virus

- amends ECCN 2B352 to clarify that it does not control medical isolators specially designed for barrier nursing or transportation of infected patients

- adds four naturally occurring, dual-use marine toxins (brevetoxins, gonyautoxins, nodularins, and palytoxin) to ECCN 1C351.d, where their export is controlled for chemical/biological and anti-terrorism reasons

- removes chemical/biological export controls on cholera toxins

- amends ECCNs 1C354.a and 1C354.b to update the nomenclature of certain bacteria and fungi

- amends ECCN 2B352 to revise the definition of “disinfected” as it applies to certain biological equipment

For more information on export controls, please contact attorney Kristine Pirnia via email.

Shipments of items removed from eligibility for export, reexport, or transfer (in-country) under a license exception or without a license (NLR) as a result of this rule that were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export on Jan. 17, pursuant to actual orders for export, reexport, or transfer (in-country) to a foreign destination, may proceed to that destination under the previously applicable license exception or NLR so long as they are exported, reexported, or transferred (in-country) before March 20. Any such items not actually exported, reexported, or transferred (in-country) before midnight on March 20 will require a license in accordance with this rule.

Further, deemed exports of technology and source code removed from eligibility for export under a license exception or NLR as a result of this rule may continue to be made under the previously available license exception or NLR before March 20. Beginning at midnight on that date such technology and source code may no longer be released, without a license, to a foreign national subject to the deemed export controls in the EAR when a license would be required to the home country of the foreign national in accordance with this rule.

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