BIS Final Rule Implements Australia Group Changes, Etc
The Bureau of Industry and Security (BIS) has issued a final rule, effective March 18, 2004, which, among other things, amends 15 CFR Parts 745 and 774 to implement certain understandings reached at the June 2003 plenary meeting of the Australia Group (AG).
(The AG is a multilateral forum, consisting of 33 participating countries, 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 AG periodically reviews items on its control list to enhance the effectiveness of participating governments' national controls and to achieve greater harmonization among these controls.)
EAR Amended by Addition of New Viruses and Bacteria
BIS states that this final rule amends the Export Administration Regulations (EAR) by adding twelve new viruses and two new bacteria to the list of AG-controlled human and zoonotic pathogens and toxins described on the Commerce Control List (CCL).
Viruses. Specifically, the final rule adds the following twelve viruses to the list of AG-controlled viruses described in Export Control Classification Number (ECCN) 1C351.a on the CCL: Kyasanur Forest virus, Louping ill virus, Murray Valley encephalitis virus, Omsk haemorrhagic fever virus, Oropouche virus, Powassan virus, Rocio virus, St. Louis encephalitis virus, Hendra virus (Equine morbillivirus), South American haemorrhagic fever (Sabia, Flexal, Guanarito), Pulmonary and renal syndrome-haemorrhagic fever viruses (Seoul, Dobrava, Puumala, Sin Nombre), and Nipah virus. BIS states that these AG-listed viruses, along with all other items controlled by ECCN 1C351, require a license for export or reexport to all destinations, worldwide.
Bacteria. This final rule also adds the following two bacteria to the list of AG-controlled bacteria in ECCN 1C351.c on the CCL: Clostridium perfringens, epsilon toxin producing types and Enterohaemorrhagic Escherichia coli, serotype O157 and other verotoxin producing serotypes. ECCN 1C351.c, as revised by this rule, does not control Clostridium perfringens strains other than epsilon toxin producing types, since the other strains can be used as positive control cultures for food testing and quality control.
BIS states that in conjunction with the additions to the list of AG-controlled bacteria in ECCN 1C351.c, the final rule amends the Technical Note following ECCN 1C353.a to clarify that ECCN 1C353 does not control nucleic acid sequences associated with the pathogenicity of enterohaemorrhagic Escherichia coli, serotype O157 and other verotoxin producing strains, except those nucleic acid sequences that contain coding for the verotoxin or its sub-units.
EAR Amended to Implement AG Intersessional Decision on Animal Pathogens
BIS' final rule also amends the EAR to implement an AG intersessional decision on animal pathogens that was adopted after the June 2003 AG plenary meeting.
Specifically, BIS states that this final rule adds the following two viruses to the list of AG- controlled animal pathogens described in ECCN 1C352 on the CCL: Lumpy skin disease virus and African horse sickness virus.
Nine Countries Added to CWC
BIS states that this final rule revises Supplement No. 2 to 15 CFR Part 745 of the EAR (titled "States Parties to the Convention on Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction") by adding the names of nine countries that have recently become States Parties to the Chemical Weapons Convention (CWC). These countries are: Afghanistan, Belize, Cape Verde, Kyrgyzstan, Libya, Sao Tome and Principe, Timor Leste, Tonga, and Tuvalu).
Limited "Grace Period" for Items Removed from License Exception Eligibility, Etc.
BIS states that shipments of items removed from license exception eligibility or eligibility for export without a license as a result of this regulatory action 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 March 18, 2004, pursuant to actual orders for export to a foreign destination, may proceed to that destination under the previous license exception eligibility or without a license so long as they have been exported from the U.S. before April 19, 2004. Any such item not actually exported before midnight, on April 19, 2004, require a license in accordance with this regulation.
BIS Contact - Douglas Brown (202) 482-7900
BIS Final Rule (D/N 040220063-4063-01, FR Pub 03/18/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-6111.pdf