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

DEA Proposes to designate Alpha-Phenylacetoacetonitrile as a List I Precursor Chemical

On Monday, December 12, 2016 the Drug Enforcement Administration (DEA) published a proposed rule (81 FR 89402-89407) which would designate the chemical Alpha-Phenylacetoacetonitrile (APAAN) and its salts, optical isomers, and salts of optical isomers, as a List I Chemical.  APAAN can be used in the illicit manufacture of phenylacetone, methamphetamine, and amphetamine.  The DEA did not propose a regulatory threshold for APAAN, so all transactions of APAAN would be regulated.

Designation as a List I Chemical will require manufacturers, importers, exporters, and distributors of APAAN to obtain a registration as well as comply with all applicable security, know-your-customer, import, export, recordkeeping, and reporting requirements associated with a List I Chemical. 

APAAN also goes by: 1-cyano-1-phenylpropan-2-one; 2-phenylacetoacetonitrile, 2-acetyl-2-phenylacetonitrile; alpha-acetyl-benzene acetonitrile; phenyl aceto-acetonitrile; [alpha] - acetylphenylacetonitrile; and 3-oxo-2-phenylbutanenitrile and it's CAS Number is 4468-48-8.

If you are a manufacturer, importer, exporter, or distributor of APAAN and would like more information on how this may impact your operations, please contact GCSG here.   

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