BIS Final Rule Amends EAR With Respect to Certain Toxic Gas Monitoring Systems
The Bureau of Industry and Security (BIS) has issued a final rule which, effective December 23, 2004, amends the Export Administration Regulations (EAR) by revising the Commerce Control List (CCL) entry that describes controls on certain toxic gas monitoring systems in order to conform with the Australia Group (AG) "Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology" (Chemical Manufacturing Control List).
BIS Removes Overly Broad Technical Note from ECCN 2B351
BIS explains that it is amending the Export Administration Regulations (EAR) by revising Export Control Classification Number (ECCN) 2B351 on the CCL to conform with the AG Chemical Manufacturing Control List.
Specifically, this final rule revises ECCN 2B351 by removing the Technical Note at the end of the entry. BIS is removing this Technical Note because it is not included in the AG Chemical Manufacturing Control List and its inclusion in ECCN 2B351 resulted in controls on certain toxic gas monitoring systems and devices not designed for the detection of chemical warfare agents or precursors.
BIS states that the wording of the Technical Note indicated that the toxic gas monitoring systems controlled under ECCN 2B351.a included systems (such as environmental air pollution detectors, anesthetic gas monitors for patients, and sulfur hexafluoride detectors) that have a detection capability for chemicals, which contain phosphorus, sulfur, fluorine or chlorine, but are not controlled under ECCN 1C350.
Certain Toxic Gas Monitoring System No Longer Controlled by ECCN 2B351.a
As a result of the removal of the Technical Note by this final rule, BIS states that ECCN 2B351.a no longer controls toxic gas monitoring systems that have a detection capability for chemicals (other than chemical warfare agents), which contain phosphorus, sulfur, fluorine or chlorine, but are not controlled under ECCN 1C350.
Additionally, a license is no longer required, for chemical/biological (CB) reasons, to export or reexport such systems; however, such systems may require a license for reasons specified elsewhere in the EAR (e.g., the end-user/end-use restrictions described in 15 CFR Part 744 or the restrictions described in 15 CFR Part 746 that apply to embargoed countries).
However, systems designed for continuous operation that are capable of detecting chemical warfare agents or any of the chemicals controlled under ECCN 1C350 (including those containing phosphorus, sulfur, fluorine or chlorine), at concentrations of less than 0.3 mg/m3, continue to be controlled under ECCN 2B351.a and continue to require a license, for CB reasons, to destinations listed in Country Group D:3 (as specified in Supplement No. 1 to 15 CFR Part 740).
- BIS states that public comments on this final rule are welcome on a continuing basis
BIS Contact - Mark Sagrans (202) 482-7900
BIS Final Rule (D/N 041123328-4328-01, FR Pub 12/23/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-28104.pdf