BIS amends EAR to implement Australia Group decisions

On June 17, 2020 the Department of Commerce, Bureau of Industry and Security (BIS)(1) published a final rule(2) that updates the Export Administration Regulations (EAR) to implement decisions made at the February 2020 Australia Group(3) meeting. The rule amends Export Control Classification Numbers (ECCNs) 1C350, 1C351 and 2B352 on the Commerce Control List (CCL) by:

  • Adding twenty-four (24) precursor chemicals, as well as mixtures in which at least one of these chemicals constitutes 30% or more of the weight of the mixture to ECCN 1C350.d;

  • Amending ECCN 1C351 by adding Middle East respiratory syndrome-related coronavirus (MERS-related coronavirus); and

  • Amending ECCN 2B352 by adding a technical note to indicate that cultivation chamber holding devices controlled in 2B352.b.2.b include single-use cultivation chambers with rigid walls.

The following twenty-four (24) precursor chemicals are now controlled under ECCN 1C350:

  • (C.A.S. #589–57–1) Diethyl chlorophosphite;

  • (C.A.S. #762–77–6) Ethyl chlorofluorophosphate;

  • (C.A.S. #1498–51–7) Ethyl dichlorophosphate;

  • (C.A.S. #460–52–6) Ethyl difluorophosphate;

  • (C.A.S. #754–01–8) Methyl chlorofluorophosphate;

  • (C.A.S. #677–24–7) Methyl dichlorophosphate;

  • (C.A.S. #22382–13–4) Methyl difluorophosphate;

  • (C.A.S. #14277–06–6) N,NDiethylacetamidine;

  • (C.A.S. #53510–30–8) N,NDiethylbutanamidine;

  • (C.A.S. #90324–67–7) N,NDiethylformamidine;

  • (C.A.S. #1342789–47–2) N,NDiethylisobutanamidine;

  • (C.A.S. #84764–73–8) N,NDiethylpropanamidine;

  • (C.A.S. #1315467–17–4) N,NDiisopropylbutanamidine;

  • (C.A.S. #857522–08–8) N,NDiisopropylformamidine;

  • (C.A.S. #2909–14–0) N,NDimethylacetamidine;

  • (C.A.S. #1340437–35–5) N,NDimethylbutanamidine;

  • (C.A.S. #44205–42–7) N,NDimethylformamidine;

  • (C.A.S. #321881–25–8) N,NDimethylisobutanamidine;

  • (C.A.S. #56776–14–8) N,NDimethylpropanamidine;

  • (C.A.S. #1339586–99–0) N,NDipropylacetamidine;

  • (C.A.S. #1342422–35–8) N,NDipropylbutanamidine;

  • (C.A.S. #48044–20–8) N,NDipropylformamidine;

  • (C.A.S. #1342700–45–1) N,NDipropylisobutanamidine; and

  • (C.A.S. #1341496–89–6) N,NDipropylpropanamidine.

Note: Mixtures in which at least one of the chemicals listed in ECCN 1C350.d constitutes 30% or more of the weight of the mixture are also controlled under this ECCN.

Contact the professionals at GCSG for more information on this development.

References

  1. Bureau of Industry and Security: “Home Page

  2. Federal Register: “85 FR 36483-36492” - June 17, 2020

  3. Australia Group: “Home Page

The Australia Group Posts Dual-Use Equipment & Tech Control List

In May 2017, the Australia Group posted a control list of dual-use chemical manufacturing facilities and equipment and related technology and software on their website.

The Australia Group, established in 1985, is a voluntary and informal export control arrangement in which 41 countries, as well as the European Union, coordinate their national export controls.  The purpose is to limit the supply of chemicals and biological agents-as well as related equipment, technologies, and knowledge-to countries and entities that are suspected of pursuing chemical or biological weapons capabilities.

The May 2017 web page includes information related to the four main sections listed below.

  1. Manufacturing facilities and equipment
    • Reaction vessels, reactors or agitators
    • Storage tanks, containers or receivers
    • Heat exchangers or condensers
    • Distillation or absorption columns
    • Filling equipment
    • Valves
    • Multi-walled piping
    • Pumps
    • Incinerators
  2. Toxic Gas Monitors and Monitoring Systems, and their dedicated detecting components
  3. Related Technology
  4. Software

GCSG's compliance experts closely follow dual-use developments.  Contact us at info@globalcompliancesg.com with any additional question's or for more information.