Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 4929 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 734, 738, 740, 742, 748, 

750, 772, 774 

[Docket No. 201221–0350] 

RIN 0694–AI33 

Implementation in the Export 

Administration Regulations of the 

United States’ Rescission of Sudan’s 

Designation as a State Sponsor of 

Terrorism 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) to implement the rescission of 

Sudan’s designation as a State Sponsor 

of Terrorism (SSOT). The Secretary of 

State rescinded this designation 

effective December 14, 2020 in 

accordance with established statutory 

procedures, including the President’s 

October 26, 2020 submission to 

Congress of a report justifying the 

rescission and certifying Sudan had not 

provided any support for acts of 

international terrorism during the 

preceding six month period and that 

Sudan had provided assurances that it 

would not support acts of international 

terrorism in the future. Accordingly, BIS 

amends the EAR by removing AntiTerrorism (AT) controls on the country 

and by removing Sudan from Country 

Group E:1 (Terrorist supporting 

countries). These actions render the 

country eligible for a general 25 percent 

de minimis level. As a consequence of 

these actions, as well as the addition of 

the country to Country Group B, Sudan 

is also potentially eligible for several 

new license exceptions under the EAR. 

However, pursuant to this rule, two 

license exceptions will be unavailable 

for exports and reexports to Sudan. BIS 

also makes conforming amendments in 

other applicable EAR provisions as part 

of this rule. 

DATES: This rule is effective January 14, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Foreign Policy Division, Office of 

Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Compliance, U.S. Department of 

Commerce, by email at Foreign.Policy@

bis.doc.gov, or by phone at 202–482– 

4252. 

SUPPLEMENTARY INFORMATION: 

Background 

I. Brief History of Anti-Terrorism 

Controls on Sudan 

A. Overview 

Sections 1753, 1754, and 1768 of the 

Export Control Reform Act of 2018 

(ECRA), 50 U.S.C. Sections 4801–4852, 

provide the legal authority for BIS’s AT 

controls on SSOT destinations. On 

August 12, 1993, in accordance with 

Section 6(j) of the Export 

Administration Act of 1979, then 

codified at 50 U.S.C. App. 2405(j), the 

Secretary of State designated Sudan as 

a SSOT, citing his determination that 

Sudan, then led by Omar al-Bashir, had 

repeatedly provided support for acts of 

international terrorism. See 58 FR 52523 

(Oct. 8, 1993). Consistent with this 

designation, BIS imposed AT controls 

on Sudan in accordance with the Export 

Administration Act of 1979, as 

amended, formerly codified at 50 U.S.C. 

Sections 4601–4623, the legal authority 

at the time for BIS’s export control 

regime. 61 FR 12714 (March 25, 1996). 

Pursuant to § 742.10 (Anti-Terrorism) of 

the EAR, a license was also required for 

the export or reexport to Sudan of 

nearly all items on the Commerce 

Control List (CCL), Supp. No. 1 to part 

774 of the EAR. License applications for 

such exports and reexports were 

reviewed under a general policy of 

denial. Consistent with Sudan’s 

designation as a SSOT, the country was 

also placed in Country Group E (now 

Country Group E:1): (terroristsupporting countries) in Supplement 

No. 1 to part 740 of the EAR and made 

subject to a 10 percent de minimis 

threshold for controlled U.S.-origin 

content (see § 734.4 of the EAR). Most 

license exceptions were also unavailable 

for exports and reexports of CCL items 

destined for Sudan due to its status as 

an ‘‘E:1’’ country. 

B. Changes to Certain Licensing Policies 

and License Exceptions 

Notwithstanding the general policy of 

denial set forth in § 742.10 of the EAR, 

prior to the publication of this rule, BIS 

reviewed certain categories of CCL items 

proposed for export or reexport to 

Sudan under less stringent review 

policies. In particular, applications for 

the export and reexport of medical items 

to Sudan were subject to case-by-case 

review. Over time, consistent with U.S. 

foreign policy initiatives, BIS instituted 

case-by case review or a general policy 

of approval for additional categories of 

items. For example, acting in 

coordination with the Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC), in order to promote the 

free flow of communications among the 

Sudanese people, in February 2015, BIS 

amended § 742.10 to establish a case-bycase review policy for 

telecommunication equipment and 

associated items for civil end use, 

including items useful for the 

development of civil 

telecommunications infrastructure. See 

80 FR 8520 (Feb. 18, 2015). Two years 

later, in January 2017, in response to 

positive developments in the U.S.- 

Sudan bilateral relationship, BIS 

amended § 742.10, again in coordination 

with OFAC, to institute a general policy 

of approval for certain items, including 

parts, components, and equipment, that 

are controlled on the CCL solely for AT 

reasons and are intended to ensure the 

safety of civil aviation or the safe 

operation of fixed-wing commercial 

passenger aircraft, as well as items 

controlled on the CCL solely for AT 

reasons intended for use in the 

inspection and repair, among other 

activities, of railroads in Sudan. See 82 

FR 4781 (Jan. 17, 2017). 

BIS also made changes to license 

exception eligibility in connection with 

foreign policy considerations and 

developments. In February 2005, BIS 

amended License Exception Temporary 

imports, exports, reexports, and 

transfers (in-country) (TMP) to permit 

temporary exports to Sudan of certain 

computers, communication devices, and 

global positioning devices as ‘‘tools of 

trade’’ by employees and staff of certain 

organizations engaged in humanitarian 

work in Sudan. See 70 FR 8257 (Feb. 18, 

2005) and 70 FR 9703 (Feb. 28, 2005). 

In February 2008, BIS amended TMP 

again in connection with exports and 

reexports destined for Sudan, including 

by expanding the number of activities 

and commodities eligible under the 

‘‘tools of trade’’ category, an action 

taken in part to reflect the changing 

nature of humanitarian work 

undertaken in the country by 

nongovernmental organizations. See 73 

FR 10668 (Feb. 28, 2008). In January 

2017, as part of the same regulatory 

action described above that created a 

more favorable license review policy for 

certain items for use in civil aviation 

and railroad infrastructure in Sudan, 

BIS made License Exception Consumer 

Communications Devices (CCD) eligible 

for the export and reexport of certain 

consumer communications devices to 

Sudan. 

C. Dual Licensing—BIS and OFAC 

For nearly twenty years, licenses from 

both BIS and OFAC were required to 

export and reexport items on the CCL to 

Sudan as a consequence of broad trade 

restrictions imposed in November 1997, 


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4930 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 

including restrictions on U.S. persons’ 

exports of U.S.-origin items to Sudan. 

Pursuant to Executive Order (E.O.) 

13067 of November 3, 1997, the U.S. 

Government imposed a comprehensive 

trade embargo in response to the 

Government of Sudan’s policies and 

activities, including its support for 

terrorism, efforts to destabilize 

neighboring governments, and the 

prevalence of human rights violations. 

Specifically, this E.O. blocked the 

property of the Government of Sudan 

subject to U.S. jurisdiction and imposed 

restrictions on U.S. persons’ activities 

with respect to Sudan. On July 1, 1998, 

OFAC published the Sudanese 

Sanctions Regulations, 31 CFR part 538 

(SSR), implementing these restrictions. 

See 63 FR 35809 (July 1, 1998). Notably, 

as implemented in the SSR, E.O. 13067 

required the Department of the Treasury 

to restrict the export or reexport to 

Sudan of goods, technology, or services 

from the U.S. or by a U.S. person, 

wherever located, or ‘‘requiring the 

issuance of a license by a Federal 

agency.’’ See Section 2(b) of E.O. 13067 

and 31 CFR 538.205 (2017). This 

language provided the basis for a dual 

licensing regime pursuant to which the 

export and reexport of CCL items to 

Sudan required authorization by both 

BIS and OFAC. 

On October 13, 2006, President 

George W. Bush issued E.O. 13412 

following the enactment of the Darfur 

Peace and Accountability Act of 2006, a 

response to continuing atrocities in 

Sudan’s Darfur Region. This E.O. 

exempted certain regions in Sudan from 

several prohibitions established 

pursuant to E.O. 13067, including those 

applicable to exports, thereby effectively 

narrowing the scope of exports and 

reexports of CCL items subject to dual 

licensing. 

D. Termination of the Embargo 

In recognition of positive actions 

sustained by the Government of Sudan 

in several areas, including enhanced 

cooperation with the U.S. on 

counterterrorism efforts, effective 

October 12, 2017, President Donald J. 

Trump revoked Sections 1 and 2 of E.O. 

13067, along with E.O. 13412 in its 

entirety, pursuant to E.O. 13761 of 

January 13, 2017, as amended by E.O. 

13804 of July 11, 2017. Consequently, as 

of October 12, 2017, U.S. persons were 

no longer prohibited from engaging in 

transactions with respect to Sudan, 

including exports and reexports of items 

destined for Sudan, or with the 

Government of Sudan, that had been 

prohibited by the SSR. These actions 

generally established BIS as the sole 

licensing agency for exports and 

reexports of items subject to the EAR to 

Sudan. To reflect the revocation of these 

authorities, OFAC removed the SSR 

from the Code of Federal Regulations on 

June 29, 2018. OFAC only retained 

jurisdiction over certain exports and 

reexports of agricultural commodities, 

medicine, and medical devices destined 

for Sudan pursuant to the Trade 

Sanctions Reform and Export 

Enhancement Act of 2000, 22 U.S.C. 

Section 7201 et seq., and authorized the 

export and reexport of such items 

through a general license incorporated 

into Section 596.506 of the Terrorism 

List Governments Sanctions 

Regulations, 31 CFR part 596. 

II. Rescission-Related Developments 

Once a country is designated a State 

Sponsor of Terrorism, the designation 

remains in effect until it is rescinded in 

accordance with applicable law. On 

October 26, 2020, the President 

submitted to Congress the statutorilyrequired report justifying the rescission, 

and certifying that Sudan had not 

provided any support for acts of 

international terrorism during the 

preceding six month period and that 

Sudan had provided assurances that it 

would not support acts of international 

terrorism in the future. Effective 

December 14, 2020, the Secretary of 

State rescinded Sudan’s designation as 

a SSOT, in accordance with Sections 

1754(c) and 1768(c) of the National 

Defense Authorization Act for Fiscal 

Year 2019 (50 U.S.C. 4813(c) and 

4826(c)), and in satisfaction of the 

provisions of Section 620A(c) of the 

Foreign Assistance Act of 1961 (22. 

U.S.C. 2371(c)), Section 40(f) of the 

Arms Export Control Act of 1976 (22 

U.S.C. 2708(f)), and, to the extent 

applicable, section 6(j) of the Export 

Administration Act of 1979 (50 U.S.C. 

App. 2405(j)), as continued in effect by 

Executive Order 13222 of August 17, 

2001. BIS is publishing this rule 

amending the EAR to implement the 

rescission. 

On October 23, 2020, the date that 

President Trump notified Congress of 

his intention to rescind the SSOT 

designation, the White House heralded 

the development as marking the 

advancement of the United States’ 

bilateral relationship with Sudan and 

the ongoing efforts of the civilian-led 

Sudanese transitional government 

toward democracy and the achievement 

of regional peace. See October 23, 2020 

Statement of the Press Secretary on 

Sudan, available at https://

www.whitehouse.gov/briefingsstatements/statement-press-secretarysudan/. As noted by Secretary of State 

Michael R. Pompeo, President’s Trump 

decision ‘‘reflect[ed] the . . . 

transitional government’s sustained 

efforts to make sure there is no support 

for acts of international terrorism.’’ See 

November 2, 2020 State Department 

Press Statement, ‘‘Sudan Making 

Progress,’’ available at https://

www.state.gov/sudan-making-progress/. 

III. Specific Amendments in This Rule 

A. Overview 

Consistent with the Secretary of 

State’s rescission of Sudan’s designation 

as a SSOT, effective December 14, 2020, 

this rule removes AT controls on the 

country and makes conforming changes 

to various EAR provisions. First, this 

rule removes Sudan from Country 

Group E:1 in Supplement No. 1 to part 

740, the Country Group placement for 

terrorist supporting countries. This 

action raises the de minimis level from 

10 percent to 25 percent for most 

foreign-origin items located abroad that 

are destined for Sudan. These changes 

make Sudan potentially eligible for new 

license exceptions under the EAR. 

Second, this rule removes EAR § 742.10 

(Anti-Terrorism: Sudan) in its entirety. 

Additionally, it adds Sudan to Country 

Group B in Supplement No. 1 to part 

740. As a general matter, countries in 

Country Group B are eligible for a 

greater number of license exceptions, 

and they are subject to relatively less 

stringent license review policies. 

However, pursuant to this rule, two 

license exceptions, License Exception 

Shipments to Country Group B 

countries (GBS) (§ 740.4) and License 

Exception Technology and software 

under restriction (TSR) (§ 740.6), will be 

unavailable for exports and reexports to 

Sudan. Moreover, Sudan’s continued 

placement in Country Group D:5 (U.S. 

Arms Embargoed Countries) impacts the 

availability of certain license exceptions 

in connection with items controlled 

under certain Export Control 

Classification Numbers (ECCNs). 

Finally, this rule makes conforming 

amendments to parts 734, 738, 748, 750, 

772 and 774 of the EAR, and additional 

amendments to parts 740 and 742, 

consistent with the removal of AT 

controls, the country’s removal from 

Country Group E:1, and addition to 

Country Group B. Other previouslyexisting license requirements remain 

intact. 

Conforming changes include the 

removal of all references to Sudan from 

Supplement No. 2 to part 742, which 

specifies contract sanctity dates and 

related licensing review policies for 

certain items destined for countries 

subject to AT controls. This rule also 

amends License Exceptions GBS and 


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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 4931 

TSR set forth in part 740 (License 

Exceptions) to state that they are not 

available for Sudan. Additionally, it 

amends part 740 to remove references to 

Sudan from three license exceptions. As 

detailed below, these license exceptions 

had authorized exports and reexports of 

certain CCL items to Sudan 

notwithstanding the imposition of AT 

controls and the country’s related 

placement in Country Group E:1. 

B. Highlights of Key Changes 

1. Changes to the Applicable De 

Minimis Level for Controlled U.S.- 

Origin Content 

The EAR apply to foreign-made items 

located outside the United States that 

contain more than a de minimis amount 

of controlled U.S.-origin content by 

value. For most items, the de minimis 

level is 10 percent if the destination of 

the foreign-made item is in Country 

Group E:1 and 25 percent if the 

destination is in any other Country 

Group. The removal of Sudan from 

Country Group E:1 raises the de minimis 

level to 25 percent for most items 

destined for Sudan. Additionally, this 

25 percent de minimis level will apply 

to certain foreign-made encryption 

items destined for Sudan that meet the 

criteria specified in § 734.4(b)(1) of the 

EAR. Foreign-made items destined for 

Sudan that incorporate U.S.-origin 

9x515 or ‘‘600 series’’ paragraphs a. 

through .x content will continue to be 

subject to the EAR regardless of the 

level of U.S.-origin content, i.e., there is 

no de minimis level for such items 

when they are destined for Sudan. 

2. Applicable Controls and Related 

Licensing Policies 

Sudan will be subject to licensing 

requirements that apply to the export 

and reexport of items on the multilateral 

export control regime lists (the 

Wassenaar Arrangement, the Nuclear 

Suppliers Group, the Australia Group 

and the Missile Technology Control 

Regime) and sensitive items controlled 

unilaterally for Crime Control (CC) or 

Regional Stability (RS) reasons. These 

license requirements are set forth in part 

742 of the EAR and are reflected in the 

relevant columns of the Country Chart 

in Supplement No. 1 to part 738 of the 

EAR. (See ‘‘Xs’’ reflecting the 

applicability of various multilateral and 

unilateral controls on Sudan.) Other 

categories of items that are controlled 

for reasons not included on the Country 

Chart (e.g., encryption (EI) and 

Chemical Weapons (CW)) will also 

require a license for export or reexport 

to Sudan. End User and End-Use-based 

controls set forth in part 744 of the EAR 

will also continue to apply. BIS will 

review license applications for exports 

or reexports to Sudan on a case-by-case 

basis pursuant to applicable licensing 

policies set forth in parts 742 and 744, 

or elsewhere in the EAR. Exporters 

should also be aware that the United 

States continues to maintain an arms 

embargo on Sudan, as implemented in 

Country Group D:5, which also 

implements the United Nations arms 

embargo, imposed in 2004, that applies 

to certain items controlled for United 

Nations (UN) reasons that are destined 

for the Darfur region in Sudan, as 

implemented in § 746.1 of the EAR. 

3. Changes to License Exceptions 

Consistent with the removal of AT 

controls on Sudan (and the related 

removal of the country from Country 

Group E:1), BIS is amending four license 

exceptions that make specific reference 

to Sudan or to Sudanese nationals. 

Through revising three of these license 

exceptions to reflect policy changes that 

occurred following Sudan’s designation 

as a SSOT, BIS had authorized certain 

categories of transactions that were 

destined for Sudan notwithstanding the 

imposition of AT controls and the 

country’s related placement in Country 

Group E:1. BIS also removes restrictions 

on releases to Sudanese nationals of 

technology and source code pertaining 

to computers from a fourth license 

exception. 

License Exception Computers (APP) 

Sudan is removed from § 740.7, 

paragraph (b)(2)(ii), which restricts 

technology and source code from release 

to nationals of Country Groups E:1 and 

E:2. The country is added to paragraph 

(d)(1) (Computer Tier 3 destinations), 

which will permit the release of 

technology and source code to Sudanese 

nationals up to the prescribed limit. 

License Exception Temporary Imports, 

Exports, Reexports, and Transfers (InCountry) (TMP) 

Paragraph (a)(2) of § 740.9, which 

referred to tools of the trade (as 

identified in § 740.19(b)) as exempted 

from paragraph (a)(1) restrictions on 

Country Group E:1 when destined for 

Sudan, is no longer applicable and is 

deleted. 

License Exception Additional 

Permissive Reexports (APR) 

Paragraph (i) of § 740.16, which 

authorized certain exports and reexports 

of Anti-Terrorism controlled items to 

Sudan, is no longer applicable and is 

deleted. 

License Exception Consumer 

Communications Devices (CCD) 

Section 740.19 (Consumer 

Communications Devices) no longer 

requires any reference to Sudan, as the 

eligible commodities and software 

specified therein may now be exported 

and reexported (barring end-use or enduser restrictions) to Sudan, including to 

the Sudanese Government. In light of 

the U.S. Government’s ‘‘unblocking’’ of 

the Government of Sudan effective 

October 2017, the license exception’s 

reference to restrictions on the 

Government of Sudan is inapplicable. 

This rule consequently removes the 

reference to Sudan in paragraph (a), and 

in the introductory text to paragraph (b), 

which identified Sudan as an eligible 

destination for this license exception. It 

also removes paragraph (c)(iii), which 

identified the Government of Sudan as 

an ineligible end-user for the license 

exception. Additionally, this rule 

removes altogether paragraph (b)(18), 

which permitted the export and 

reexport of items controlled under 

Export Control Classification Number 

7A994 to Sudan only. 

4. Availability of Other License 

Exceptions 

As an E:1 country, Sudan was eligible 

for only a limited number of license 

exceptions. Many license exceptions 

contain restrictions that apply to 

countries in Country Group E:1 or to 

nationals of such countries. As a 

consequence of Sudan’s removal from 

Country Group E:1, Sudan and/or 

Sudanese nationals are newly eligible 

for several license exceptions. No 

changes are required to the text of these 

license exceptions, as they do not refer 

specifically to Sudan or to Sudanese 

nationals. Additionally, as noted above, 

Sudan’s addition to Country Group B by 

this rule makes the country potentially 

available for a broader range of license 

exceptions. However, BIS has 

determined that exports and reexports 

to Sudan are not eligible for License 

Exceptions GBS and TSR. This rule 

makes conforming changes in part 740 

consistent with that policy. Specifically, 

amendments in §§ 740.4 and 740.6 

clearly set forth that License Exceptions 

GBS and TSR, respectively, are 

unavailable for Sudan. As with all 

license exceptions, a specific 

transaction must meet all enumerated 

criteria, and persons should ensure that 

the restrictions set forth in § 740.2 

(Restrictions on all license exceptions) 

do not apply. In particular, persons 

should be aware of limitations on the 

availability of license exceptions for 

exports and reexports to Sudan of items 


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4932 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 

in a 9x515 or ‘‘600 series’’ ECCN as set 

forth in paragraphs (a)(12) and (13) of 

§ 740.2 that stem from Sudan’s 

placement in Country Group D:5. 

5. Other U.S. Government Regulatory 

Obligations 

The amendments to the EAR made in 

this final rule do not apply to regulatory 

requirements administered by other U.S. 

Government agencies, such as OFAC 

and the Department of State’s 

Directorate of Defense Trade Controls. 

In particular, U.S. persons should be 

aware of restrictions that may apply to 

transactions involving the Darfur region 

of Sudan. On October 30, 2020, 

President Trump continued in effect the 

national emergency initially declared 

with respect to the Government of 

Sudan in E.O. 13067, as expanded by 

subsequent E.O.s, including E.O. 13400 

of April 26, 2006, due to violence in 

Sudan’s Darfur region. See Presidential 

Notice, 85 FR 69463 (Nov. 2, 2020). 

OFAC administers sanctions on 

individuals and entities in connection 

with the conflict in Darfur based on this 

national emergency. See Darfur 

Sanctions Regulations, 31 CFR part 546. 

OFAC may also designate Sudanese 

persons under authorities apart from 

E.O. 13067 and E.O. 13400 and add 

such persons to the list of Specially 

Designated Nationals and Blocked 

Persons (SDN List), available at https:// 

www.treasury.gov/ofac. Additional 

information regarding OFAC’s sanctions 

programs may be located at https://

www.treasury.gov/ofac. 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019, which included the 

Export Control Reform Act of 2018 

(ECRA), 50 U.S.C. Sections 4801–4852. 

ECRA provides the legal basis for BIS’s 

principal authorities and serves as the 

authority under which BIS issues this 

rule. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This final rule has been 

designated a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866. 

2. This final rule is not subject to the 

requirements of E.O. 13771 (82 FR 9339 

(February 3, 2017)) because it is issued 

with respect to a national security 

function of the United States. In 

particular, this rule implements an 

important U.S. foreign policy change, 

the rescission of Sudan’s designation as 

a State Sponsor of Terrorism, that is 

closely linked with U.S. national 

security and regional security 

objectives. The amendments to the EAR 

made by this rule are consistent with 

the rescission and therefore serve U.S. 

foreign policy and national security 

interests. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. Pursuant to section 1762 of the 

Export Control Reform Act of 2018 (50 

U.S.C. 4821), this action is exempt from 

the Administrative Procedure Act (5 

U.S.C. 553) requirements for notice of 

proposed rulemaking, opportunity for 

public participation, and delay in 

effective date. 

5. Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule by 5 U.S.C. 553, or 

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., are 

not applicable. Accordingly, no 

regulatory flexibility analysis is required 

and none has been prepared. 

6. Notwithstanding any other 

provision of law, no person may be 

required to respond to or be subject to 

a penalty for failure to comply with a 

collection of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This regulation 

involves a collection currently approved 

by OMB under control number 0694– 

0088, Simplified Network Application 

Processing System. The collection 

includes, among other things, license 

applications, and carries a burden 

estimate of 42.5 minutes for a manual or 

electronic submission for a total burden 

estimate of 31,878 hours. BIS expects 

the burden hour estimates associated 

with this collection to decrease slightly, 

as the removal of Anti-terrorism 

controls on Sudan should result in the 

submission of fewer license 

applications. Any comments regarding 

the collection of information associated 

with this rule, including suggestions for 

reducing the burden, should be sent 

within 30 days of publication of this 

notice to http://www.reginfo.gov/public/ 

do/PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

List of Subjects 

15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research, Science and 

technology. 

15 CFR Parts 738 and 772 

Exports. 

15 CFR Parts 740, 748 and 750 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR 746 

Exports, Reporting and recordkeeping 

requirements. 

15 CFR Parts 774 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

Accordingly, parts 734, 738, 740, 742, 

748, 750, 772, 774 of the Export 

Administration Regulations (15 CFR 

parts 730 through 774) are amended as 

follows: 

PART 734—SCOPE OF THE EXPORT 

ADMINISTRATION REGULATIONS 

■ 1. The authority citation for part 734 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 

950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 

Comp., p. 219; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 

223; Notice of November 12, 2019, 84 FR 

61817, 3 CFR, 2019 Comp., p. 479. 

§ 734.4 [Amended] 

■ 2. Amend § 734.4 by removing 

‘‘Sudan,’’ from paragraph (a)(1). 

PART 738—COMMERCE CONTROL 

LIST OVERVIEW AND THE COUNTRY 

CHART 

■ 3. The authority citation for part 738 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 

8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c; 22 

U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 

U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824; 


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50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783. 

Supplement No. 1 to Part 738 

[Amended] 

■ 4. In Supplement No. 1 to part 738, 

the entry for ‘‘Sudan 1’’ is amended by 

removing the ‘‘X’’ from Anti-Terrorism 

Columns 1 and 2. 

PART 740—LICENSE EXCEPTIONS 

■ 5. The authority citation for part 740 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 

7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783. 

■ 6. Section 740.4 is revised to read as 

follows: 

§ 740.4 Shipments to Country Group B 

countries (GBS). 

License Exception GBS authorizes 

exports and reexports to Country Group 

B (see Supplement No. 1 to part 740), 

except Sudan and Ukraine, of those 

commodities where the Commerce 

Country Chart (Supplement No. 1 to 

part 738 of the EAR) indicates a license 

requirement to the ultimate destination 

for national security reasons only and 

identified by ‘‘GBS—Yes’’ on the CCL. 

See § 743.1 of the EAR for reporting 

requirements for exports of certain 

commodities under License Exception 

GBS. 

■ 7. Section 740.6 is amended by 

revising paragraph (a) introductory text 

to read as follows: 

§ 740.6 Technology and software under 

restriction (TSR). 

(a) Scope. License Exception TSR 

permits exports and reexports of 

technology and software where the 

Commerce Country Chart (Supplement 

No. 1 to part 738 of the EAR) indicates 

a license requirement to the ultimate 

destination for national security reasons 

only and identified by ‘‘TSR—Yes’’ in 

entries on the CCL, provided the 

software or technology is destined to 

Country Group B, except Sudan and 

Ukraine. (See Supplement No. 1 to part 

740.) A written assurance is required 

from the consignee before exporting or 

reexporting under this License 

Exception. 

* * * * * 

§ 740.7 [Amended] 

■ 8. Amend § 740.7 by 

■ a. Removing ‘‘Sudan,’’ from paragraph 

(b)(2)(ii); and 

■ b. Adding ‘‘Sudan,’’ between 

‘‘Serbia,’’ and ‘‘Tajikistan,’’ in paragraph 

(d)(1). 

§ 740.9 [Amended] 

■ 9. Amend § 740.9 by 

■ a. Removing and reserving paragraph 

(a)(2); 

■ b. Removing ‘‘Sudan,’’ from paragraph 

(a)(9)(i); and 

■ c. In paragraph (c)(2), removing the 

phrase ‘‘,and Sudan’’ and adding ‘‘and’’ 

in front of ‘‘Iran’’. 

§ 740.16 [Amended] 

■ 10. Amend § 740.16 by removing and 

reserving paragraph (i). 

§ 740.19 [Amended] 

■ 11. Amend § 740.19 by 

■ a. Removing ‘‘or Sudan’’ from 

paragraphs (a), (b), and (c)(i); 

■ b. Removing paragraph (b)(18); and 

■ c. Removing and reserving paragraph 

(c)(iii). 

■ 12. Amend Supplement No. 1 to part 

740 by: 

■ a. Amending the ‘‘Country Group B’’ 

table, by adding Sudan in alphabetical 

order. 

■ b. Revising the ‘‘Country Group E 1’’ 

table. 

The revision reads as follows: 

Supplement No. 1 to Part 740 

* * * * * 

COUNTRY GROUP E 1

Country 

[E:1] 

Terrorist 

supporting 

countries 2

[E:2] 

Unilateral 

embargo 

Cuba ................. .................... X 

Iran .................... X ....................

Korea, North ..... X ....................

Syria .................. X ....................

1 In addition to the controls maintained by 

the Bureau of Industry and Security pursuant 

to the EAR, note that the Department of the 

Treasury administers: 

(a) A comprehensive embargo against Cuba 

and Iran; and 

(b) An embargo against certain persons, 

e.g., Specially Designated Terrorists (SDT), 

Foreign Terrorist Organizations (FTO), Specially Designated Global Terrorists (SDGT), 

and Specially Designated Narcotics Traffickers 

(SDNT). Please see part 744 of the EAR for 

controls maintained by the Bureau of Industry 

and Security on these and other persons. 2The President made inapplicable with respect to Iraq provisions of law that apply to 

countries that have supported terrorism. 

PART 742—CONTROL POLICY—CCL 

BASED CONTROLS 

■ 13. The authority citation for part 742 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 

3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 

et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 

108–11, 117 Stat. 559; E.O. 12058, 43 FR 

20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 

608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 

Comp., p. 950; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; 

Presidential Determination 2003–23, 68 FR 

26459, 3 CFR, 2004 Comp., p. 320; Notice of 

November 12, 2019, 84 FR 61817, 3 CFR, 

2019 Comp., p. 479. 

■ 14. Amend § 742.1 by revising 

paragraph (d) to read as follows: 

§ 742.1 Introduction. 

* * * * * 

(d) Anti-terrorism Controls on Iran, 

North Korea, and Syria. Commerce 

maintains anti-terrorism controls on 

Iran, North Korea, and Syria under 

section 6(a) of the Export 

Administration Act. Items controlled 

under section 6(a) to Iran, Syria, and 

North Korea are described in §§ 742.8, 

742.9, 742.10, and 742.19, respectively, 

and in Supplement No. 2 to part 742. 

Commerce also maintains controls 

under section 6(j) of the EAA to Iran, 

North Korea, and Syria. Items controlled 

to these countries under EAA section 

6(j) are also described in Supplement 2 

to part 742. The Secretaries of 

Commerce and State are required to 

notify appropriate Committees of the 

Congress 30 days before issuing a 

license for an item controlled under 

section 6(j) to North Korea, Iran, or 

Syria. If you are exporting or 

reexporting to Iran, North Korea, or 

Syria, you should review part 746 of the 

EAR, Embargoes and Other Special 

Controls. 

* * * * * 

§ 742.10 [Removed and Reserved] 

■ 15. Remove and reserve § 742.10. 

■ 16. Amend Supplement No. 2 to Part 

742 by: 

■ a. Removing ‘‘and Sudan’’ from the 

heading; 

■ b. Removing ‘‘Sudan’’ from paragraph 

(a); 

■ c. Removing ‘‘Sudan,’’ from paragraph 

(b)(1); 

■ d. Removing ‘‘Sudan’’ from paragraph 

(b)(3) introductory text; 

■ e. Removing ‘‘for Sudan, items in 

paragraphs (c)(6) through (c)(14) and 

(c)(16) through (c)(44) of this 

Supplement:’’ from paragraph (b)(3)(ii); 

■ f. Revising paragraph (c) introductory 

text; 

■ g. Removing and reserving paragraph 

(c)(1)(iii); 

■ h. Revising paragraphs (c)(2) and (3); 

■ i. Removing paragraphs (c)(10)(iii), 

(c)(11)(iii), (c)(12)(iii), (c)(13)(iii), 


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(c)(14)(iii), (c)(16)(iii), (c)(17)(iii), 

(c)(18)(iii), (c)(19)(iii), (c)(20)(ii), 

(c)(21)(ii), (c)(22)(iii), (c)(23)(iii), 

(c)(24)(iii), (c)(25)(iv), (c)(26)(i)(C), 

(c)(27)(iii), (c)(28)(iii), (c)(29)(iii), 

(c)(30)(iii), (c)(31)(iii), (c)(32)(iii), 

(c)(33)(iii), (c)(34)(iii), (c)(35)(iii), 

(c)(36)(iii), (c)(37)(iii), (c)(38)(iii), 

(c)(39)(i)(C), (c)(40)(iii), (c)(41)(iii), 

(c)(42)(iii), (c)(43)(iii), (c)(44)(iii), 

(c)(46)(ii), (c)(47)(ii), and (c)(48)(ii). 

Supplement No. 2 to Part 742—AntiTerrorism Controls: North Korea and 

Syria 

* * * * * 

(c) The license requirements and 

licensing policies for items controlled 

for anti-terrorism reasons to Syria and 

North Korea are generally described in 

§§ 742.9 and 742.19 of this part, 

respectively. This Supplement provides 

guidance on licensing policies for North 

Korea and Syria and related contract 

sanctity dates that may be available for 

transactions benefiting from pre-existing 

contracts involving Syria. 

* * * * * 

(2) All items subject to chemical and 

biological weapons proliferation 

controls. Applications for all end-users 

in North Korea and Syria of these items 

will generally be denied. See 

Supplement No. 1 to part 742 for 

contract sanctity dates for Syria. 

(3) All items subject to missile 

proliferation controls (MTCR). 

Applications for all end-users in North 

Korea and Syria will generally be 

denied. Contract sanctity provisions for 

Syria are not available. 

* * * * * 

PART 748—APPLICATIONS 

(CLASSIFICATION, ADVISORY, AND 

LICENSE) AND DOCUMENTATION 

■ 17. The authority citation for part 748 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 13, 2020, 85 

FR 49939 (August 14, 2020). 

Supplement No. 2 to Part 748 

[Amended] 

■ 18. Amend Supplement No. 2 to part 

748 by removing ‘‘Sudan,’’ from 

paragraph (c)(2). 

§ 750.4 [Amended] 

■ 19. Amend § 750.4 by removing 

‘‘Sudan,’’ from paragraph (b)(6)(i). 

PART 772—DEFINITIONS OF TERMS 

■ 20. The authority citation for part 772 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 

13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 

783. 

§ 772.1 [Amended] 

■ 21. Amend § 772.1 by 

■ a. Removing ‘‘and Sudan’’ from 

‘‘NOTE 3’’ to the definition of 

‘‘‘Agricultural commodities’’.’; 

■ b. Removing ‘‘Sudan,’’ from the 

definition of ‘‘Countries supporting 

international terrorism.’’. 

■ c. Removing ‘‘Sudan,’’ from the 

definition of ‘‘Medical devices’’; and 

■ d. Removing ‘‘Sudan,’’ from the 

definition of ‘‘Medicines.’’. 

PART 774—THE COMMERCE 

CONTROL LIST 

■ 22. The authority citation for part 774 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 

8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c, 22 

U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 

2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783. 

■ 23. Supplement 1 to part 774 is 

amended in category 1 by revising 

ECCN 1C350 and ECCN 1C355 to read 

as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 1—Special Materials and 

Related Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins’’ 

* * * * * 

1C350 Chemicals that may be used as 

precursors for toxic chemical agents (see 

List of Items Controlled). 

License Requirements 

Reason for Control: CB, CW, AT. 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

CB applies to entire 

entry.

CB Column 2 

CW applies to 1C350 .b, and .c. The 

Commerce Country Chart is not designed to 

determine licensing requirements for items 

controlled for CW reasons. A license is 

required, for CW reasons, to export or 

reexport Schedule 2 chemicals and mixtures 

identified in 1C350.b to States not Party to 

the CWC (destinations not listed in 

Supplement No. 2 to part 745 of the EAR). 

A license is required, for CW reasons, to 

export Schedule 3 chemicals and mixtures 

identified in 1C350.c to States not Party to 

the CWC, unless an End-Use Certificate 

issued by the government of the importing 

country has been obtained by the exporter 

prior to export. A license is required, for CW 

reasons, to reexport Schedule 3 chemicals 

and mixtures identified in 1C350.c from a 

State not Party to the CWC to any other State 

not Party to the CWC. (See § 742.18 of the 

EAR for license requirements and policies for 

toxic and precursor chemicals controlled for 

CW reasons. See § 745.2 of the EAR for EndUse Certificate requirements that apply to 

exports of Schedule 3 chemicals to countries 

not listed in Supplement No. 2 to part 745 

of the EAR.) 

AT applies to entire entry. The Commerce 

Country Chart is not designed to determine 

licensing requirements for items controlled 

for AT reasons in 1C350. A license is 

required, for AT reasons, to export or 

reexport items controlled by 1C350 to a 

country in Country Group E:1 of Supplement 

No. 1 to part 740 of the EAR. (See part 742 

of the EAR for additional information on the 

AT controls that apply to Iran, North Korea, 

and Syria. See part 746 of the EAR for 

additional information on sanctions that 

apply to Iran, North Korea, and Syria.) 

License Requirement Notes 

1. SAMPLE SHIPMENTS: Subject to the 

following requirements and restrictions, a 

license is not required for sample shipments 

when the cumulative total of these shipments 

does not exceed a 55-gallon container or 200 

kg of a single chemical to any one consignee 

during a calendar year. A consignee that 

receives a sample shipment under this 

exclusion may not resell, transfer, or reexport 

the sample shipment, but may use the 

sample shipment for any other legal purpose 

unrelated to chemical weapons. 

a. Chemicals Not Eligible: 

A. [Reserved] 

B. CWC Schedule 2 chemicals (States not 

Party to the CWC). No CWC Schedule 2 

chemical or mixture identified in 1C350.b is 

eligible for sample shipment to States not 

Party to the CWC (destinations not listed in 

Supplement No. 2 to part 745 of the EAR) 

without a license. 

b. Countries Not Eligible: Countries in 

Country Group E:1 of Supplement No. 1 to 

part 740 of the EAR are not eligible to receive 

sample shipments of any chemicals 

controlled by this ECCN without a license. 

c. Sample shipments that require an EndUse Certificate for CW reasons: No CWC 

Schedule 3 chemical or mixture identified in 

1C350.c is eligible for sample shipment to 

States not Party to the CWC (destinations not 

listed in Supplement No. 2 to part 745 of the 

EAR) without a license, unless an End-Use 

Certificate issued by the government of the 

importing country is obtained by the exporter 

prior to export (see § 745.2 of the EAR for 

End-Use Certificate requirements). 

d. Sample shipments that require a license 

for reasons set forth elsewhere in the EAR: 

Sample shipments, as described in this Note 

1, may require a license for reasons set forth 

elsewhere in the EAR. See, in particular, the 

end-use/end-user restrictions in part 744 of 

the EAR, and the restrictions that apply to 

embargoed countries in part 746 of the EAR. 

e. Annual report requirement. The exporter 

is required to submit an annual written 

report for shipments of samples made under 

this Note 1. The report must be on company 

letterhead stationery (titled ‘‘Report of 


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Sample Shipments of Chemical Precursors’’ 

at the top of the first page) and identify the 

chemical(s), Chemical Abstract Service 

Registry (C.A.S.) number(s), quantity(ies), the 

ultimate consignee’s name and address, and 

the date of export for all sample shipments 

that were made during the previous calendar 

year. The report must be submitted no later 

than February 28 of the year following the 

calendar year in which the sample shipments 

were made, to: U.S. Department of 

Commerce, Bureau of Industry and Security, 

14th Street and Pennsylvania Ave., NW, 

Room 2099B, Washington, DC 20230, Attn: 

‘‘Report of Sample Shipments of Chemical 

Precursors.’’ 

2. MIXTURES: 

a. Mixtures that contain precursor 

chemicals identified in ECCN 1C350, in 

concentrations that are below the levels 

indicated in 1C350.b through .d, are 

controlled by ECCN 1C395 or 1C995 and are 

subject to the licensing requirements 

specified in those ECCNs. 

b. A license is not required under this 

ECCN for a mixture, when the controlled 

chemical in the mixture is a normal 

ingredient in consumer goods packaged for 

retail sale for personal use. Such consumer 

goods are designated EAR99. However, a 

license may be required for reasons set forth 

elsewhere in the EAR. 

Note to Mixtures: Calculation of 

concentrations of AG-controlled chemicals: 

a. Exclusion. No chemical may be added 

to the mixture (solution) for the sole purpose 

of circumventing the Export Administration 

Regulations; 

b. Percent Weight Calculation. When 

calculating the percentage, by weight, of 

ingredients in a chemical mixture, include all 

ingredients of the mixture, including those 

that act as solvents. 

3. COMPOUNDS. Compounds created with 

any chemicals identified in this ECCN 1C350 

may be shipped NLR (No License Required), 

without obtaining an End-Use Certificate, 

unless those compounds are also identified 

in this entry or require a license for reasons 

set forth elsewhere in the EAR. 

4. TESTING KITS: Certain medical, 

analytical, diagnostic, and food testing kits 

containing small quantities of chemicals 

identified in this ECCN 1C350, are excluded 

from the scope of this ECCN and are 

controlled under ECCN 1C395 or 1C995. 

(Note that replacement reagents for such kits 

are controlled by this ECCN 1C350 if the 

reagents contain one or more of the precursor 

chemicals identified in 1C350 in 

concentrations equal to or greater than the 

control levels for mixtures indicated in 

1C350.) 

Technical Notes: 

1. For purposes of this entry, a ‘‘mixture’’ 

is defined as a solid, liquid or gaseous 

product made up of two or more ingredients 

that do not react together under normal 

storage conditions. 

2. The scope of this control applicable to 

Hydrogen Fluoride (see 1C350.d.14 in the List 

of Items Controlled) includes its liquid, 

gaseous, and aqueous phases, and hydrates. 

3. Precursor chemicals in ECCN 1C350 are 

listed by name, Chemical Abstract Service 

(CAS) number and CWC Schedule (where 

applicable). Precursor chemicals of the same 

structural formula (e.g., hydrates) are 

controlled by ECCN 1C350, regardless of 

name or CAS number. CAS numbers are 

shown to assist in identifying whether a 

particular precursor chemical or mixture is 

controlled under ECCN 1C350, irrespective of 

nomenclature. However, CAS numbers 

cannot be used as unique identifiers in all 

situations because some forms of the listed 

precursor chemical have different CAS 

numbers, and mixtures containing a 

precursor chemical listed in ECCN 1C350 

may also have different CAS numbers. 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

LVS: N/A 

GBS: N/A 

List of Items Controlled 

Related Controls: See USML Category XIV(c) 

for related chemicals ‘‘subject to the ITAR’’ 

(see 22 CFR parts 120 through 130). 

Related Definitions: See § 770.2(k) of the EAR 

for synonyms for the chemicals listed in 

this entry. 

Items: 

a. [Reserved] 

b. Australia Group-controlled precursor 

chemicals also identified as Schedule 2 

chemicals under the CWC, as follows, and 

mixtures in which at least one of the 

following chemicals constitutes 30 percent or 

more of the weight of the mixture: 

b.1. (C.A.S. #7784–34–1) Arsenic 

trichloride; 

b.2. (C.A.S. #76–93–7) Benzilic acid; 

b.3. (C.A.S. #78–38–6) Diethyl 

ethylphosphonate; 

b.4. (C.A.S. #683–08–9) Diethyl 

methylphosphonate; 

b.5. (C.A.S. #15715–41–0) Diethyl 

methylphosphonite; 

b.6. (C.A.S. #2404–03–7) Diethyl-N,Ndimethylphosphoroamidate; 

b.7. (C.A.S. #41480–75–5) N,NDiisopropylaminoethanethiol hydrochloride; 

b.8. (C.A.S. #5842–07–9) N,N-Diisopropylbeta-aminoethane thiol; 

b.9. (C.A.S. #96–80–0) N,N-Diisopropylbeta-aminoethanol; 

b.10. (C.A.S. #96–79–7), N,N-Diisopropylbeta-aminoethyl chloride; 

b.11. (C.A.S. #4261–68–1) N,NDiisopropyl-beta-aminoethyl chloride 

hydrochloride; 

b.12. (C.A.S. #6163–75–3) Dimethyl 

ethylphosphonate; 

b.13. (C.A.S. #756–79–6) Dimethyl 

methylphosphonate; 

b.14. (C.A.S. #677–43–0) N,Ndimethylamino-phosphoryl dichloride; 

b.15. (C.A.S. #1498–40–4) Ethyl 

phosphonous dichloride [Ethyl phosphinyl 

dichloride]; 

b.16. (C.A.S. #430–78–4) Ethyl phosphonus 

difluoride [Ethyl phosphinyl difluoride]; 

b.17. (C.A.S. #1066–50–8) Ethyl 

phosphonyl dichloride; 

b.18. (C.A.S. #993–13–5) 

Methylphosphonic acid; 

b.19. (C.A.S. #676–98–2) 

Methylphosphonothioic dichloride. 

b.20. (C.A.S. #464–07–3) Pinacolyl alcohol; 

b.21. (C.A.S. #1619–34–7) 3-Quinuclidinol; 

b.22. (C.A.S. #111–48–8) Thiodiglycol. 

c. Australia Group-controlled precursor 

chemicals also identified as Schedule 3 

chemicals under the CWC, as follows, and 

mixtures in which at least one of the 

following chemicals constitutes 30 percent or 

more of the weight of the mixture: 

c.1. (C.A.S. #762–04–9) Diethyl phosphite; 

c.2. (C.A.S. #868–85–9) Dimethyl 

phosphite (dimethyl hydrogen phosphite); 

c.3. (C.A.S. #139–87–7) 

Ethyldiethanolamine; 

c.4. (C.A.S. #10025–87–3) Phosphorus 

oxychloride; 

c.5. (C.A.S. #10026–13–8) Phosphorus 

pentachloride; 

c.6. (C.A.S. #7719–12–2) Phosphorus 

trichloride; 

c.7. (C.A.S. #10545–99–0) Sulfur 

dichloride; 

c.8. (C.A.S. #10025–67–9) Sulfur 

monochloride; 

c.9. (C.A.S. #7719–09–7) Thionyl chloride; 

c.10. (C.A.S. #102–71–6) Triethanolamine; 

c.11. (C.A.S. #122–52–1) Triethyl 

phosphite; 

c.12. (C.A.S. #121–45–9) Trimethyl 

phosphite. 

d. Other Australia Group-controlled 

precursor chemicals not also identified as 

Schedule 1, 2, or 3 chemicals under the 

CWC, as follows, and mixtures in which at 

least one of the following chemicals 

constitutes 30 percent or more of the weight 

of the mixture: 

d.1. (C.A.S. #1341–49–7) Ammonium 

hydrogen fluoride; 

d.2. (C.A.S. #107–07–3) 2-Chloroethanol; 

d.3. (C.A.S. #109–89–7) Diethylamine; 

d.4. (C.A.S. #100–37–8) N,NDiethylaminoethanol; 

d.5. (C.A.S. #589–57–1) Diethyl 

chlorophosphite; 

d.6. (C.A.S. #298–06–6) O,O-Diethyl 

phosphorodithioate; 

d.7. (C.A.S. #2465–65–8) O,O-Diethyl 

phosphorothioate; 

d.8. (C.A.S. #108–18–9) Di-isopropylamine; 

d.9. (C.A.S. #124–40–3) Dimethylamine; 

d.10. (C.A.S. #506–59–2) Dimethylamine 

hydrochloride; 

d.11. (C.A.S. #762–77–6) Ethyl 

chlorofluorophosphate; 

d.12. (C.A.S. #1498–51–7) Ethyl 

dichlorophosphate; 

d.13. (C.A.S. #460–52–6) Ethyl 

difluorophosphate; 

d.14. (C.A.S. #7664–39–3) Hydrogen 

fluoride; 

d.15. (C.A.S. #3554–74–3) 3-Hydroxyl-1- 

methylpiperidine; 

d.16. (C.A.S. #76–89–1) Methyl benzilate; 

d.17. (C.A.S. #754–01–8) Methyl 

chlorofluorophosphate; 

d.18. (C.A.S. #677–24–7) Methyl 

dichlorophosphate; 

d.19. (C.A.S. #22382–13–4) Methyl 

difluorophosphate; 

d.20. (C.A.S. #14277–06–6) N,N 

Diethylacetamidine; 

d.21. (C.A.S. #53510–30–8) N,NDiethylbutanamidine; 

d.22. (C.A.S. #90324–67–7) N,NDiethylformamidine; 

d.23. (C.A.S. #1342789–47–2) N,N 

Diethylisobutanamidine; 


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d.24. (C.A.S. #84764–73–8) N,NDiethylpropanamidine; 

d.25. (C.A.S. #1315467–17–4) N,NDiisopropylbutanamidine; 

d.26. (C.A.S. #857522–08–8) N,NDiisopropylformamidine; 

d.27. (C.A.S. #2909–14–0) N,NDimethylacetamidine; 

d.28. (C.A.S. #1340437–35–5) N,NDimethylbutanamidine; 

d.29. (C.A.S. #44205–42–7) N,NDimethylformamidine; 

d.30. (C.A.S. #321881–25–8) N,NDimethylisobutanamidine; 

d.31. (C.A.S. #56776–14–8) N,NDimethylpropanamidine; 

d.32. (C.A.S. #1339586–99–0) N,NDipropylacetamidine; 

d.33. C.A.S. #1342422–35–8) N,NDipropylbutanamidine; 

d.34. (C.A.S. #48044–20–8) N,NDipropylformamidine; 

d.35. (C.A.S. #1342700–45–1) N,NDipropylisobutanamidine; 

d.36. (C.A.S. #1341496–89–6) N,NDipropylpropanamidine; 

d.37. (C.A.S. #1314–80–3) Phosphorus 

pentasulfide; 

d.38. (C.A.S. #75–97–8) Pinacolone; 

d.39. (C.A.S. #7789–29–9) Potassium 

bifluoride; 

d.40. (C.A.S. #151–50–8) Potassium 

cyanide; 

d.41. (C.A.S. #7789–23–3) Potassium 

fluoride; 

d.42. (C.A.S. #3731–38–2) 3-Quinuclidone; 

d.43. (C.A.S. #1333–83–1) Sodium 

bifluoride; 

d.44. (C.A.S. #143–33–9) Sodium cyanide; 

d.45. (C.A.S. #7681–49–4) Sodium 

fluoride; 

d.46. (C.A.S. #16893–85–9) Sodium 

hexafluorosilicate; 

d.47. (C.A.S. #1313–82–2) Sodium sulfide; 

d.48. (C.A.S. #637–39–8) Triethanolamine 

hydrochloride; 

d.49. (C.A.S. #116–17–6) Tri-isopropyl 

phosphite. 

* * * * * 

1C355 Chemical Weapons Convention 

(CWC) Schedule 2 and 3 chemicals and 

families of chemicals not controlled by 

ECCN 1C350 or ‘‘subject to the ITAR’’ 

(see 22 CFR parts) (see List of Items 

Controlled). 

License Requirements 

Reason for Control: CW, AT. 

Control(s) 

CW applies to entire entry. The Commerce 

Country Chart is not designed to determine 

licensing requirements for items controlled 

for CW reasons. A license is required to 

export or reexport CWC Schedule 2 

chemicals and mixtures identified in 1C355.a 

to States not Party to the CWC (destinations 

not listed in Supplement No. 2 to part 745 

of the EAR). A license is required to export 

CWC Schedule 3 chemicals and mixtures 

identified in 1C355.b to States not Party to 

the CWC, unless an End Use Certificate 

issued by the government of the importing 

country is obtained by the exporter, prior to 

export. A license is required to reexport CWC 

Schedule 3 chemicals and mixtures 

identified in 1C355.b from a State not Party 

to the CWC to any other State not Party to 

the CWC. (See § 742.18 of the EAR for license 

requirements and policies for toxic and 

precursor chemicals controlled for CW 

reasons.) 

AT applies to entire entry. The Commerce 

Country Chart is not designed to determine 

licensing requirements for items controlled 

for AT reasons in 1C350. A license is 

required, for AT reasons, to export or 

reexport items controlled by 1C350 to a 

country in Country Group E:1 of Supplement 

No. 1 to part 740 of the EAR. (See part 742 

of the EAR for additional information on the 

AT controls that apply to Iran, North Korea, 

and Syria. See part 746 of the EAR for 

additional information on sanctions that 

apply to Iran, North Korea, and Syria.) 

License Requirements Notes: 

1. MIXTURES: 

a. Mixtures containing toxic and precursor 

chemicals identified in ECCN 1C355, in 

concentrations that are below the control 

levels indicated in 1C355.a and .b, are 

controlled by ECCN 1C995 and are subject to 

the license requirements specified in that 

ECCN. 

b. Mixtures containing chemicals identified 

in this entry are not controlled by ECCN 

1C355 when the controlled chemical is a 

normal ingredient in consumer goods 

packaged for retail sale for personal use or 

packaged for individual use. Such consumer 

goods are classified as EAR99. 

Note to mixtures: Calculation of 

concentrations of CW-controlled chemicals: 

a. Exclusion. No chemical may be added 

to the mixture (solution) for the sole purpose 

of circumventing the Export Administration 

Regulations; 

b. Percent Weight Calculation. When 

calculating the percentage, by weight, of 

ingredients in a chemical mixture, include all 

ingredients of the mixture, including those 

that act as solvents. 

2. COMPOUNDS: Compounds created with 

any chemicals identified in this ECCN 1C355 

may be shipped NLR (No License Required), 

without obtaining an End-Use Certificate, 

unless those compounds are also identified 

in this entry or require a license for reasons 

set forth elsewhere in the EAR. 

Technical Notes: For purposes of this 

entry, a ‘‘mixture’’ is defined as a solid, 

liquid or gaseous product made up of two or 

more ingredients that do not react together 

under normal storage conditions. 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

LVS: N/A 

GBS: N/A 

List of Items Controlled 

Related Controls: See also ECCNs 1C350 

1C351, 1C395, and 1C995. See §§ 742.18 

and 745.2 of the EAR for End-Use 

Certification requirements. 

Related Definitions: N/A 

Items: 

a. CWC Schedule 2 chemicals and mixtures 

containing Schedule 2 chemicals: 

a.1. Toxic chemicals, as follows, and 

mixtures containing toxic chemicals: 

a.1.a. PFIB: 1,1,3,3,3-Pentafluoro-2- 

(trifluoromethyl)-1-propene (C.A.S. 382–21– 

8) and mixtures in which PFIB constitutes 

more than 1 percent of the weight of the 

mixture; 

a.1.b. [Reserved] 

a.2. Precursor chemicals, as follows, and 

mixtures in which at least one of the 

following precursor chemicals constitutes 

more than 10 percent of the weight of the 

mixture: 

a.2.a. Chemicals, except for those listed in 

Schedule 1, containing a phosphorus atom to 

which is bonded one methyl, ethyl, or propyl 

(normal or iso) group but not further carbon 

atoms. 

Note: 1C355.a.2.a does not control 

Fonofos: O-Ethyl S-phenyl 

ethylphosphonothiolothionate (C.A.S. 944– 

22–9). 

a.2.b. FAMILY: N,N-Dialkyl (Me, Et, n-Pr 

or i-Pr) phosphoramidic dihalides; 

a.2.c. FAMILY: Dialkyl (Me, Et, n-Pr or iPr) N,N-dialkyl (Me, Et, n-Pr, or i-Pr)- 

phosphoramidates; 

a.2.d. FAMILY: N,N-Dialkyl (Me, Et, n-Pr 

or i-Pr) aminoethyl-2-chlorides and 

corresponding protonated salts; 

a.2.e. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or 

i-Pr) aminoethane-2-ols and corresponding 

protonated salts; 

Note: 1C355.a.2.e. does not control N,NDimethylaminoethanol and corresponding 

protonated salts (C.A.S. 108–01–0) or N,NDiethylaminoethanol and corresponding 

protonated salts (C.A.S. 100–37–8). 

a.2.f. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or 

i-Pr) aminoethane-2-thiols and corresponding 

protonated salts. 

b. CWC Schedule 3 chemicals and 

mixtures containing Schedule 3 chemicals: 

b.1. Toxic chemicals, as follows, and 

mixtures in which at least one of the 

following toxic chemicals constitutes 30 

percent or more of the weight of the mixture: 

b.1.a. Phosgene: Carbonyl dichloride 

(C.A.S. 75–44–5); 

b.1.b. Cyanogen chloride (C.A.S. 506–77– 

4); 

b.1.c. Hydrogen cyanide (C.A.S. 74–90–8); 

b.1.d. Chloropicrin: Trichloronitromethane 

(CAS 76–06–2). 

b.2. Precursor chemicals, as follows, and 

mixtures in which at least one of the 

following precursor chemicals constitutes 30 

percent or more of the weight of the mixture: 

b.2.a. [Reserved]; 

b.2.b. Methyldiethanolamine (C.A.S. 105– 

59–9). 

* * * * * 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2020–29037 Filed 1–14–21; 8:45 am] 

BILLING CODE 3510–33–P 


khammond on DSKJM1Z7X2PROD with RULES