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BIS Changes CCL Pursuant to Australia Group Recommendations

The Bureau of Industry and Security is issuing a final rule that will amend the Commerce Control List (CCL) to reflect the February 2016 intersessional recommendations adopted by the Australia Group (AG) and the understandings reached at the June 2016 AG Plenary meeting, BIS said (here). The following changes are based on the intersessional recommendations:

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  • Amends CCL Export Control Classification Number (ECCN) 1C351 to update nomenclature of two bacteria and five toxins viruses already identified on the AG “List of Human and Animal Pathogens and Toxins for Export Control”
  • Removes the word "pathogenic" from ECCN 2B352.d.1, a control on cross (tangential) flow filtration equipment, and amends the Nota Bene to this ECCN to clarify that the exclusion from the controls on this equipment applies to hemodialysis equipment and osmosis equipment.

The following changes are based on the plenary understandings:

  • Amends ECCN 1C351 to remove the listing for dengue fever virus, update the listing for Conotoxin, and merge the listings for Shiga toxin and Verotoxin into one listing, “Shiga toxins (shiga-like toxins, verotoxins, and verocytotoxins)," including conforming changes. Dengue fever virus is now listed as "EAR99"
  • Amends ECCN 2B352 to reflect changes to the AG “Control List of Dual-Use Biological Equipment and Related Technology and Software” expanding controls on biological containment facilities and related equipment, as well as removes the word "pathogenic" from the description of equipment listed in ECCN 2B352.b.1.

The AG is a 41-country forum that maintains 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. The rule will be effective on Dec. 16.

(Federal Register 12/16/16)