BIS Amends Certain ECCNs Pursuant to PPQ List Changes, AT License Requirement Removal
The Bureau of Industry and Security has issued a final rule, effective February 22, 2010, which revises the controls on certain agents identified in Export Control Classification Number 1C360 to reflect changes to the Plant Protection and Quarantine Programs list; and removes certain anti-terrorism (AT) license requirements under ECCN 1E998.
(The changes to the PPQ list, which became effective in November 2008, were made by the Animal and Plant Health Inspection Service as part of a biennial review and republication of the select agents and toxins lists. BIS maintains controls on exports of the select agents and toxins.)
BIS Amends Removes, Adds, Clarifies Certain Entries Under ECCN 1C360
Pursuant to changes to the PPQ list made by APHIS, BIS' final rule makes the following amendments to ECCN 1C360 (which controls select agents regulated by APHIS and the Centers for Disease Control and Prevention that are not controlled under ECCN 1C351, 1C352, or 1C354):
(1) Removes "Candidatus Liberobacter africanus" and "Candidatus Liberobacter asiaticus,"
(2) Adds "Phoma glyciniocola (formerly Pyrenochaeta glycines)" and "Rathayibacter toxicus;" and
(3) Clarifies that "Peronosclerospora philippinensis" is also known as "Peronosclerospora sacchari."
BIS Corrects ECCN 1E998 to Remove Certain AT License Requirements
BIS' final rule also makes a correction to ECCN 1E998 to remove controls on technology for the "development" or "production" of materials controlled by ECCN 1C995. BIS states that this technology was inadvertently included by a September 2006 final rule, and was made subject to the anti-terrorism (AT) license requirements described therein.
Therefore, effective with the publication of this final rule, this technology is once again classified as EAR99.
(BIS notes that the September 2006 rule's stated purpose for adding this technology to ECCN 1E998 was to maintain AT controls on certain "development" and "production" technology previously controlled under ECCN 1E001; however, this technology was not controlled under ECCN 1E001. Instead, the technology was classified as EAR99 and should have remained so.
See ITT's Online Archives or 09/22/06 news, 06092230, for BP summary of the September 2006 final rule requirements for ECCN 1E998.)
Saving Clause
Shipments of items removed from eligibility for export or reexport under a license exception or without a license (i.e., under the designator "NLR") 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 24, 2010, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previously applicable license exception or without a license (NLR) so long as they are exported or reexported before April 8, 2010.
Any such items not actually exported or reexported before midnight on April 8, 2010 require a license in accordance with this regulation.
"Deemed" exports of "technology" and "source code" removed from eligibility for export under a license exception or without a license (under the designator "NLR") as a result of this regulatory action may continue to be made under the previously available license exception or without a license (NLR) before April 8, 2010. Beginning at midnight on April 8, 2010, such "technology" and "source code" may no longer be released, without a license, to a foreign national subject to the "deemed" export controls in the EAR when a license would be required to the home country of the foreign national in accordance with this regulation.
BIS contact - Kimberly Orr (202) 482-4201
BIS final rule (D/N 0907241163-91434-01, FR Pub 02/22/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-3389.pdf