[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85479-85487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26532]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 738, 740, 742, and 774

[Docket No. 230920-0229]
RIN 0694-AJ29


Allied Governments Favorable Treatment: Revisions to Certain 
Australia Group Controls; Revisions to Certain Crime Control and 
Detection Controls

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) by removing Proliferation of 
Chemical and Biological Weapons (CB) controls on specified pathogens 
and toxins that are destined for Australia Group (AG) member countries 
and by revising the Commerce Country Chart to remove Crime Control and 
Detection (CC) controls on certain items that are destined for Austria, 
Finland, Ireland, Liechtenstein, South Korea, Sweden, and Switzerland. 
These changes are being made as part of a broader effort announced 
today that will liberalize several categories of export licensing 
requirements and the availability of export license exceptions for key 
allied and partner countries, as well as for members of certain 
multilateral export control regimes.

DATES: This rule is effective December 8, 2023.

FOR FURTHER INFORMATION CONTACT: For questions on pathogens and toxins 
discussed in this rule, contact Dr. Tara Gonzalez, Chemical and 
Biological Controls Division, Office of Nonproliferation and Treaty 
Compliance, Bureau of Industry and Security, Telephone: (202) 482-3343, 
Email: <a href="/cdn-cgi/l/email-protection#6b3f0a190a452c0405110a070e112b090218450f0408450c041d"><span class="__cf_email__" data-cfemail="10447162713e577f7e6a717c756a507279633e747f733e777f66">[email protected]</span></a>. For all other questions pertaining to 
this rule, contact Logan Norton, Regulatory Policy Division, Office of 
Exporter Services, Bureau of Industry and Security, U.S. Department of 
Commerce, (202) 482-1762, Email: <a href="/cdn-cgi/l/email-protection#7e2c2e3a4c3e1c170d501a111d50191108"><span class="__cf_email__" data-cfemail="0b595b4f394b696278256f6468256c647d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

Liberalizing Controls for Allies and Partners

    Historically, the United States has relied on deep connections with 
its allies and partners to protect its vital national security and 
foreign policy interests. In particular, the United States acts in 
close cooperation with its allies and partners to bring together the 
international community to address military aggression, threats to 
sovereignty, and human rights abuses around the world. This is 
especially true in the context of export controls, in which 
multilateral and plurilateral controls are typically the most effective 
path toward accomplishing our national security and foreign policy 
objectives.
    In remarks made at the U.S. State Department on February 4, 2021, 
regarding America's place in the world, President Biden noted that 
America's alliances are some of our greatest assets and that leading 
with diplomacy means standing shoulder to shoulder and working closely 
with our allies and key partners, thereby protecting the world against 
nefarious actors. At that time, President Biden highlighted the fact 
that the United States would be ``more effective in dealing with Russia 
when we work in coalition and coordination with other like-minded 
partners.'' (https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/02/04/remarks-by-president-biden-on-americas-place-in-the-world/). 
Consistent with this direction, a year later, following Russia's 
unjustifiable further invasion of Ukraine and Belarus's complicity in 
that invasion, the United States led the formation of and continues to 
lead alignment within the Global Export Controls Coalition (GECC), now 
comprising the United States and 38 other global economies. BIS's 
export controls on Russia and Belarus have been successful because they 
have been imposed and maintained in coordination with U.S. allies and 
partners. At the same time, in addition to the GECC, BIS has forged 
deeper ally and partner country relationships through a series of 
bilateral and multilateral export controls dialogues, including under 
the auspices of the U.S.-European Union Trade and Technology Council 
(TTC) and the U.S.-Japan Commercial and Industrial Partnership (JUCIP).
    The changes made with this rule and two other ally and partner 
rules published today are part of a broad effort to liberalize controls 
for allies and partner countries under the EAR (15 CFR parts 730-774). 
Together, these rules will ease several categories of export licensing 
requirements and increase the availability of export license exceptions 
for key allied and partner countries, as well as members of certain 
multilateral export control regimes.

Overview of Regulatory Changes

    As described below, in recognition of key allies' and partners' 
support of our efforts against Russia, along with their leadership in 
the areas of chemical and biological weapons nonproliferation and the 
promotion of human rights, BIS is making two sets of amendments to the 
EAR. First, it is revising the Chemical and Biological Nonproliferation 
(CB) controls that apply to certain pathogens and toxins that are 
destined for members of the Australia Group (AG). Second, it is 
removing Crime Controls (CC) on seven key allied and partner countries, 
Austria, Finland, Ireland, Liechtenstein, South Korea, Sweden, and 
Switzerland. These amendments to the EAR eliminate certain controls on 
allied and partner countries, as well as on AG member countries, 
thereby facilitating exports and reexports involving these countries 
and allowing BIS to apply its resources toward reviewing and monitoring 
more sensitive exports and higher-risk transactions. These amendments 
are part of a larger effort announced by BIS today that includes 
several EAR amendments eliminating certain license requirements and 
broadening the availability of license exceptions for allied and 
partner countries, including member countries of international regimes.

Pathogens and Toxins

    The AG is the multilateral export control regime responsible for 
controlling chemical and biological items to ensure that such items do 
not contribute to chemical and biological weapons proliferation. The AG 
currently has 43 members, including the United States. All items 
controlled under ECCNs 1C351, 1C353, 1C354, 1E001, and 1E351 on the 
Commerce Control List (CCL) (supp. no. 1 to part 774 of the EAR) are 
controlled multilaterally by the AG, except those items controlled 
under ECCN 1C351.b.
    Prior to this rule, entries for pathogens and toxins controlled 
under ECCNs 1C351, 1C353, 1C354, and their related technologies 
controlled under ECCNs 1E001, and 1E351, listed CB Column 1 (CB:1) (see 
Commerce

[[Page 85480]]

Country Chart, supp. no. 1 to part 738) as a reason for control 
applying to each entry. Pursuant to Sec.  742.2(a)(1) of the EAR, ECCNs 
with a CB:1 reason for control require a BIS license for export or 
reexport to all destinations, regardless of AG membership. Separately, 
the controls on ECCNs referring to CB Column 2 (CB:2) are described in 
Sec.  742.2(a)(2); items with a CB:2 reason for control require a BIS 
license for all destinations except AG member countries (see Country 
Group A:3, supp. no. 1 to part 740).
    BIS is amending the EAR in recognition of the fact that each of the 
AG member countries has an effective export control system capable of 
regulating dual-use exports in a manner consistent with U.S. national 
security, foreign policy, and nonproliferation objectives. In 
particular, all AG members implement AG control agreements under their 
domestic laws, including by imposing stringent biosafety and 
biosecurity standards and maintaining comparable license requirements. 
Consequently, exports, reexports, and transfers (in-country) of items 
controlled under these ECCNs to AG member countries are low-risk 
transactions. This assessment is evidenced by recent licensing data on 
approved and denied BIS license applications for the items controlled 
under these ECCNs to AG member countries. In 2021, BIS approved 
approximately 1,000 applications for ECCN 1C351, 1C353, 1C354, 1E001, 
and 1E351 items to AG member countries and did not deny any license 
applications for such items to AG member countries. Consistent with the 
demonstrated low risk posed by these items when destined to AG member 
countries, BIS is amending the reason for control from CB:1 to CB:2 in 
each of the entries for these items. Although these items remain CB-
controlled, they will no longer require a license for CB reasons when 
destined to AG member countries. By amending the reason for control 
from CB:1 to CB:2 in each of the entries for these items, BIS estimates 
that it is alleviating a burden of approximately 1,000 license 
applications per year. This decrease in burden will benefit both the 
public, by reducing the need to submit applications and wait for 
processing, and BIS, by freeing resources for applications involving 
higher-risk destinations.

Regulatory Change

    With this rule, BIS revises ECCNs 1C351, 1C353, 1C354, 1E001, and 
1E351 on the CCL. This rule revises the reason for control in each of 
these ECCNs from CB:1 to CB:2. As a conforming change, BIS revises 
Sec.  742.2(a) of the EAR such that it reflects the changes to ECCNs 
1C351, 1C353, 1C354, 1E001, and 1E351.
    This rule does not make changes to the item paragraphs or other 
reasons for control associated with these ECCNs. Notably, CB:1 will 
continue to be the reason for control in ECCN 1C351.d.14 and .15 and 
genetic elements of ECCN 1C353 of toxins controlled in 1C351.d.14 and 
.15, pursuant to the requirements of the Chemical Weapons Convention. 
Relatedly, ECCNs 1E001 and 1E351 will retain CB:1 as the reason for 
control for ``technology'' controlled by the ECCN 1C351.d.14 and .15 
and the genetic elements thereof.
    This rule makes two conforming changes involving ECCN 1C351 that 
reflect the easing of licensing requirements described above. Prior to 
this rule, certain toxins controlled under ECCN 1C351 required a 
license but were eligible for License Exception Strategic Trade 
Authorization (STA) when destined to Country Group A:5 countries 
pursuant to Sec.  740.20(b)(2)(vi). Given the changes made by this rule 
to ECCN 1C351, there is no longer a license requirement for these 
toxins when destined for a Country Group A:5 country. Therefore, this 
rule removes Sec.  740.20(b)(2)(vi) and references to License Exception 
STA from ECCN 1C351.

Crime Control

    Crime controls (CC) on crime control detection equipment, related 
technology, and software, set forth in Sec.  742.7 of the EAR, support 
U.S. foreign policy interests that promote the observance of human 
rights throughout the world. Pursuant to Sec.  742.7(a)(1), ECCNs on 
the CCL referencing CC Column 1 on the Country Chart (CC:1) require a 
BIS license for export and reexport. Similarly, Sec.  742.2(a)(3) 
describes the license requirements for items referencing CC Column 3 on 
the Country Chart (CC:3). Prior to this rule, Austria, Finland, 
Ireland, Liechtenstein, South Korea, Sweden, and Switzerland were each 
subject to license requirements for CC:1 and CC:3 items set forth on 
the CCL. With this rule, the items specified in Sec.  742.7(a)(1) and 
(a)(3) will no longer require a license for export and reexport to 
these seven countries; this reflects--along with their inclusion in 
Country Group A:5 (see supp. no. 1 to part 740) as well as in 
supplement no. 3 to part 746 (countries that have implemented export 
controls on Russia and Belarus that are substantially similar to U.S. 
export controls)--these seven countries' status as close United States 
allies and partners. Moreover, these seven countries share the United 
States' commitment to the observance of human rights worldwide. All 
seven countries have strong records regarding the safeguarding of civil 
liberties and individual freedoms and upholding other democratic norms.
    In 2021, BIS approved approximately 200 licenses and did not deny 
any licenses for CC items destined to these seven countries. BIS 
anticipates that the removal of CC controls on these seven countries 
will enable the agency to reallocate its licensing application review 
and processing resources on higher-risk destinations that present human 
rights concerns.

Regulatory Change

    This rule revises the Commerce Country Chart by removing the X for 
CC reason for control from CC:1 and CC:3 for Austria, Finland, Ireland, 
Liechtenstein, South Korea, Sweden, and Switzerland. Doing so 
eliminates the license requirements for items controlled under CC:1 and 
CC:3. This rule makes no further revisions to the Commerce Country 
Chart or conforming changes elsewhere in the EAR.

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. 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. BIS has examined the impact of this rule as required by 
Executive Orders 12866, 13563, and 14094, which 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, distributive impacts, and equity). 
This rule is considered a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
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

[[Page 85481]]

Office of Management and Budget (OMB) Control Number. This regulation 
involves collections previously approved by OMB under control number 
0694-0088, Simplified Network Application Processing System, which 
includes, among other things, license applications and commodity 
classifications, and carries a burden estimate of 29.4 minutes for a 
manual or electronic submission for a total burden estimate of 35,739 
hours. Total burden hours associated with the PRA and OMB control 
number 0694-0088 are expected to decrease as a result of this rule. 
This rule is expected to decrease the licensing burden by approximately 
1,200 licenses per year; this will result in an overall reduction in 
burden house by almost 588 hours per year, for a new total burden 
estimate of 35,151 hours.
    3. This rule does not contain policies with federalism implications 
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of 
2018, 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.

List of Subjects

15 CFR Part 738

    Exports.

15 CFR Part 740

    Administrative practice and procedure, Exports, and Reporting and 
recordkeeping requirements.

15 CFR Part 742

    Exports and Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, parts 738, 740, 742, and 774 of the Export 
Administration Regulations (15 CFR parts 730-774) is amended as 
follows:

PART 738--COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART

0
1. The authority citation for 15 CFR 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; 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.


0
2. In supplement no. 1 to part 738, the table is amended by revising 
the entries for Austria, Finland, Ireland, Korea, South, Liechtenstein, 
Sweden, and Switzerland. The revisions read as follows:

Supplement No. 1 to Part 738--Commerce Country Chart

* * * * *
BILLING CODE 3510-33-P

[[Page 85482]]

[GRAPHIC] [TIFF OMITTED] TR08DE23.000

BILLING CODE 3510-33-C
* * * * *
    \3\ See Sec.  742.6(a)(3) for special provisions that apply to 
``military commodities'' that are subject to ECCN 0A919.
    \4\ See Sec.  742.6(a)(2) and (4)(ii) regarding special 
provisions for exports and reexports of certain thermal imaging 
cameras to these countries.
    \5\ Refer to Switzerland for licensing requirements for 
Liechtenstein under the EAR.
* * * * *

PART 740--LICENSE EXCEPTIONS

0
3. 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.


0
4. Amend Sec.  740.20 by removing and reserving paragraph (b)(2)(vi).

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
5. 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

[[Page 85483]]

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 8, 2022, 87 FR 68015 (November 10, 2022).


0
6. Amend Sec.  742.2 by revising paragraph (a) to read as follows:


Sec.  742.2  Proliferation of chemical and biological weapons.

    (a) License requirements. The following controls are maintained in 
support of the U.S. foreign policy of opposing the proliferation and 
illegal use of chemical and biological weapons. (See also Sec.  742.18 
of this part for license requirements pursuant to the Chemical Weapons 
Convention).
    (1) If CB Column 1 of the Country Chart (supplement no. 1 to part 
738 of the EAR) is indicated in the appropriate ECCN, a license is 
required to all destinations, including Canada, for the following:
    (i) Toxins identified in ECCNs 1C351.d.14 and .15;
    (ii) Genetic elements (ECCN 1C353) of the toxins described in 
paragraph (a)(1)(i) of this section; and
    (iii) Technology (ECCNs 1E001 and 1E351) for the production and/or 
disposal of toxins described in paragraph (a)(1)(i) of this section.
    (2) If CB Column 2 of the Country Chart (supplement no. 1 to part 
738 of the EAR) is indicated in the appropriate ECCN, a license is 
required to all destinations except countries in Country Group A:3 (see 
supplement no. 1 to part 740 of the EAR) (Australia Group members) for 
the following:
    (i) Chemicals identified in ECCN 1C350 (precursor and intermediate 
chemicals used in the production of chemical warfare agents).
    (A) This license requirement includes chemical mixtures identified 
in ECCN 1C350.b, .c, or .d, except as specified in License Requirements 
Note 2 to that ECCN.
    (B) This licensing requirement does not include chemical compounds 
created with any chemicals identified in ECCN 1C350, unless those 
compounds are also identified in ECCN 1C350.
    (C) This licensing requirement does not apply to any of the 
following medical, analytical, diagnostic, and food testing kits that 
consist of pre-packaged materials of defined composition that are 
specifically developed, packaged, and marketed for diagnostic, 
analytical, or public health purposes:
    (1) Test kits containing no more than 300 grams of any chemical 
controlled by ECCN 1C350.b or .c (CB-controlled chemicals also 
identified as Schedule 2 or 3 chemicals under the CWC) that are 
destined for export or reexport to CWC States Parties (destinations 
listed in supplement no. 2 to part 745 of the EAR). Such test kits are 
controlled by ECCN 1C395 for CB and CW reasons, to States not Party to 
the CWC (destinations not listed in supplement no. 2 to part 745 of the 
EAR), and for AT reasons.
    (2) Test kits that contain no more than 300 grams of any chemical 
controlled by ECCN 1C350.d (CB-controlled chemicals not also identified 
as Schedule 1, 2, or 3 chemicals under the CWC). Such test kits are 
controlled by ECCN 1C995 for AT reasons.
    (ii) Human pathogens, zoonoses, toxins, animal pathogens, 
genetically modified microorganisms and plant pathogens identified in 
ECCNs 1C351 (except .d.14 and .15), 1C353 (except genetic elements of 
toxins in ECCN 1C351.d.14 and .15), and 1C354; and
    (iii) Software (ECCN 1D390) for process control that is 
specifically configured to control or initiate production of the 
chemical precursors controlled by ECCN 1C350.
    (iv) Technology (ECCN 1E001) for the development or production of 
chemical detection systems and dedicated detectors therefore, 
controlled by ECCN 1A004.c, that also have the technical 
characteristics described in ECCN 2B351.a.
    (v) Technology (ECCNs 1E001 and 1E350) involving the following for 
facilities designed or intended to produce chemicals described in 
1C350:
    (A) Overall plant design;
    (B) Design, specification, or procurement of equipment;
    (C) Supervision of construction, installation, or operation of 
complete plant or components thereof;
    (D) Training of personnel; or
    (E) Consultation on specific problems involving such facilities.
    (vi) Technology (ECCNs 1E001 and 1E351) for:
    (A) Production and/or disposal of chemical precursors described in 
ECCN 1C350; and
    (B) Production and/or disposal of microbiological commodities 
described in paragraph (a)(2)(ii) of this section (except toxins and 
genetic elements of those toxins in ECCN 1C351.d.14 and .15).
    (vii) Equipment and materials identified in ECCN 2B350 or 2B351 on 
the CCL, chemical detection systems controlled by 1A004.c for detecting 
chemical warfare agents and having the characteristics of toxic gas 
monitoring systems described in 2B351.a, and valves controlled by ECCN 
2A226 having the characteristics of those described in 2B350.g, which 
can be used in the production of chemical weapons precursors or 
chemical warfare agents.
    (viii) Equipment and materials identified in ECCN 2B352, which can 
be used in the production of biological agents.
    (ix) Software identified in ECCN 2D351 or 2D352, as follows:
    (A) Dedicated software identified in ECCN 2D351 for the ``use'' of 
toxic gas monitoring systems and their dedicated detecting components 
controlled by ECCN 2B351;
    (B) Software designed for nucleic acid assemblers and synthesizers 
controlled by 2B352.j that is capable of designing and building 
functional genetic elements from digital sequence data.
    (x) Technology identified in ECCN 2E001 for the ``development'' of 
software controlled by ECCN 2D351 or 2D352.
    (xi) Technology identified in ECCN 2E001, 2E002, or 2E301 for:
    (A) The development, production, or use of items controlled by ECCN 
2B350, 2B351, or 2B352; or
    (B) The development or production of valves controlled by ECCN 
2A226 having the characteristics of those described in ECCN 2B350.g.
    (xii) Technology identified in ECCN 2E201 or 2E290 for the use of 
valves controlled by ECCN 2A226 having the characteristics of those 
described in 2B350.g.
    (3) If CB Column 3 of the Country Chart (supplement no. 1 to part 
738 of the EAR) is indicated in the appropriate ECCN, a license is 
required to Country Group D:3 (see supplement no. 1 to part 740 of the 
EAR) for medical products identified in ECCN 1C991.c.
    (4) A license is required, to States not Party to the CWC 
(destinations not listed in supplement no. 2 to part 745 of the EAR), 
for mixtures controlled by 1C395.a and test kits controlled by 1C395.b.
* * * * *

PART 774--THE COMMERCE CONTROL LIST

0
7. 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.

[[Page 85484]]

Supplement No. 1 to Part 774--The Commerce Control List

0
8. Category 1 is amended by revising ECCNs 1C351, 1C353, 1C354, 1E001, 
and 1E351 to read as follows:

Category 1--Materials, Chemicals, Microorganisms and Toxins

C. ``Materials''

* * * * *
1C351 Human and animal pathogens and ``toxins,'' as follows (see 
List of Items Controlled).

License Requirements

Reason for Control: CB, CW, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
CB applies to items controlled by           CB Column 1
 1C351.d.14 and .15.
CB applies to entire entry................  CB Column 2
 

    CW applies to 1C351.d.14 and .d.15 and a license is required for 
CW reasons for all destinations, including Canada, as follows: CW 
applies to 1C351.d.14 for ricin in the form of (1) Ricinus communis 
AgglutininII (RCA<INF>II</INF>), also known as ricin D or Ricinus 
Communis LectinIII (RCL<INF>III</INF>) and (2) Ricinus communis 
LectinIV (RCL<INF>IV</INF>), also known as ricin E. CW applies to 
1C351.d.15 for saxitoxin identified by C.A.S. #35523-89-8. See Sec.  
742.18 of the EAR for licensing information pertaining to chemicals 
subject to restriction pursuant to the Chemical Weapons Convention 
(CWC). The Commerce Country Chart is not designed to determine 
licensing requirements for items controlled for CW reasons.

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
AT applies to entire entry................  AT Column 1
 

    License Requirement Notes: 1. All vaccines and `immunotoxins' 
are excluded from the scope of this entry. Certain medical products 
and diagnostic and food testing kits that contain biological toxins 
controlled under 1C351.d, with the exception of toxins controlled 
for CW reasons under 1C351.d.14 or .d.15, are excluded from the 
scope of this entry. Vaccines, `immunotoxins,' certain medical 
products, and diagnostic and food testing kits excluded from the 
scope of this entry are controlled under ECCN 1C991.
    2. For the purposes of this entry, only saxitoxin is controlled 
under 1C351.d.15; other members of the paralytic shellfish poison 
family (e.g., neosaxitoxin) are designated EAR99.
    3. Clostridium perfringens strains, other than the epsilon 
toxin-producing strains of Clostridium perfringens described in 
1C351.c.12, are excluded from the scope of this entry, since they 
may be used as positive control cultures for food testing and 
quality control.
    4. Unless specified elsewhere in this ECCN 1C351 (e.g., in 
License Requirement Notes 1-3), this ECCN controls all biological 
agents and ``toxins,'' regardless of quantity or attenuation, that 
are identified in the List of Items Controlled for this ECCN, 
including small quantities or attenuated strains of select 
biological agents or ``toxins'' that are excluded from the lists of 
select biological agents or ``toxins'' by the Animal and Plant 
Health Inspection Service (APHIS), U.S. Department of Agriculture 
(USDA), or the Centers for Disease Control and Prevention (CDC), 
U.S. Department of Health and Human Services (HHS), in accordance 
with their regulations in 9 CFR part 121 and 42 CFR part 73, 
respectively.
    5. Biological agents and pathogens are controlled under this 
ECCN 1C351 when they are an isolated live culture of a pathogen 
agent, or a preparation of a toxin agent that has been isolated or 
extracted from any source or material, including living material 
that has been deliberately inoculated or contaminated with the 
agent. Isolated live cultures of a pathogen agent include live 
cultures in dormant form or in dried preparations, whether the agent 
is natural, enhanced or modified.

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: (1) Certain forms of ricin and saxitoxin in 
1C351.d.14 and .d.15 are CWC Schedule 1 chemicals (see Sec.  742.18 
of the EAR). The U.S. Government must provide advance notification 
and annual reports to the OPCW of all exports of Schedule 1 
chemicals. See Sec.  745.1 of the EAR for notification procedures. 
See 22 CFR part 121, Category XIV and Sec.  121.7 for CWC Schedule 1 
chemicals that are ``subject to the ITAR.'' (2) The Animal and Plant 
Health Inspection Service (APHIS), U.S. Department of Agriculture, 
and the Centers for Disease Control and Prevention (CDC), U.S. 
Department of Health and Human Services, maintain controls on the 
possession, use, and transfer within the United States of certain 
items controlled by this ECCN (for APHIS, see 7 CFR 331.3(b), 9 CFR 
121.3(b), and 9 CFR 121.4(b); for CDC, see 42 CFR 73.3(b) and 42 CFR 
73.4(b)). (3) See 22 CFR part 121, Category XIV(b), for modified 
biological agents and biologically derived substances that are 
``subject to the ITAR.''
Related Definitions: For the purposes of this entry, `immunotoxins' 
are monoclonal antibodies linked to a toxin with the intention of 
destroying a specific target cell while leaving adjacent cells 
intact.
Items:

    a. Viruses identified on the Australia Group (AG) ``List of 
Human and Animal Pathogens and Toxins for Export Control,'' as 
follows:
    a.1. African horse sickness virus;
    a.2. African swine fever virus;
    a.3. Andes virus;
    a.4. Avian influenza (AI) viruses identified as having high 
pathogenicity (HP), as follows:
    a.4.a. AI viruses that have an intravenous pathogenicity index 
(IVPI) in 6-week-old chickens greater than 1.2; or
    a.4.b. AI viruses that cause at least 75% mortality in 4- to 8-
week-old chickens infected intravenously.
    Note: Avian influenza (AI) viruses of the H5 or H7 subtype that 
do not have either of the characteristics described in 1C351.a.4 
(specifically, 1C351.a.4.a or .a.4.b) should be sequenced to 
determine whether multiple basic amino acids are present at the 
cleavage site of the haemagglutinin molecule (HA0). If the amino 
acid motif is similar to that observed for other HPAI isolates, then 
the isolate being tested should be considered as HPAI and the virus 
is controlled under 1C351.a.4.
    a.5. Bluetongue virus;
    a.6. Chapare virus;
    a.7. Chikungunya virus;
    a.8. Choclo virus;
    a.9. Classical swine fever virus (Hog cholera virus);
    a.10. Crimean-Congo hemorrhagic fever virus;
    a.11. Dobrava-Belgrade virus;
    a.12. Eastern equine encephalitis virus;
    a.13. Ebolavirus (includes all members of the Ebolavirus genus);
    a.14. Foot-and-mouth disease virus;
    a.15. Goatpox virus;
    a.16. Guanarito virus;
    a.17. Hantaan virus;
    a.18. Hendra virus (Equine morbillivirus);
    a.19. Japanese encephalitis virus;
    a.20. Junin virus;
    a.21. Kyasanur Forest disease virus;
    a.22. Laguna Negra virus;
    a.23. Lassa virus;
    a.24. Louping ill virus;
    a.25. Lujo virus;
    a.26. Lumpy skin disease virus;
    a.27. Lymphocytic choriomeningitis virus;
    a.28. Machupo virus;
    a.29. Marburgvirus (includes all members of the Marburgvirus 
genus);
    a.30. Middle East respiratory syndrome-related coronavirus 
(MERS-related coronavirus);
    a.31. Monkeypox virus;
    a.32. Murray Valley encephalitis virus;
    a.33. Newcastle disease virus;
    a.34. Nipah virus;
    a.35. Omsk hemorrhagic fever virus;
    a.36. Oropouche virus;
    a.37. Peste-des-petits ruminants virus;
    a.38. Porcine Teschovirus;
    a.39. Powassan virus;
    a.40. Rabies virus and all other members of the Lyssavirus 
genus;
    a.41. Reconstructed 1918 influenza virus;
    Technical Note:1C351.a.41 includes reconstructed replication 
competent forms of the 1918 pandemic influenza virus containing any 
portion of the coding regions of all eight gene segments.
    a.42. Rift Valley fever virus;
    a.43. Rinderpest virus;
    a.44. Rocio virus;
    a.45. Sabia virus;
    a.46. Seoul virus;
    a.47. Severe acute respiratory syndrome-related coronavirus 
(SARS-related coronavirus);
    a.48. Sheeppox virus;

[[Page 85485]]

    a.49. Sin Nombre virus;
    a.50. St. Louis encephalitis virus;
    a.51. Suid herpesvirus 1 (Pseudorabies virus; Aujeszky's 
disease);
    a.52. Swine vesicular disease virus;
    a.53. Tick-borne encephalitis virus (Far Eastern subtype, 
formerly known as Russian Spring-Summer encephalitis virus--see 
1C351.b.3 for Siberian subtype);
    a.54. Variola virus;
    a.55. Venezuelan equine encephalitis virus;
    a.56. Vesicular stomatitis virus;
    a.57. Western equine encephalitis virus; or
    a.58. Yellow fever virus.
    b. Viruses identified on the APHIS/CDC ``select agents'' lists 
(see Related Controls paragraph #2 for this ECCN), but not 
identified on the Australia Group (AG) ``List of Human and Animal 
Pathogens and Toxins for Export Control,'' as follows:
    b.1. [Reserved];
    b.2. [Reserved]; or
    b.3. Tick-borne encephalitis virus (Siberian subtype, formerly 
West Siberian virus--see 1C351.a.53 for Far Eastern subtype).
    c. Bacteria identified on the Australia Group (AG) ``List of 
Human and Animal Pathogens and Toxins for Export Control,'' as 
follows:
    c.1. Bacillus anthracis;
    c.2. Brucella abortus;
    c.3. Brucella melitensis;
    c.4. Brucella suis;
    c.5. Burkholderia mallei (Pseudomonas mallei);
    c.6. Burkholderia pseudomallei (Pseudomonas pseudomallei);
    c.7. Chlamydia psittaci (Chlamydophila psittaci);
    c.8. Clostriduim argentinense (formerly known as Clostridium 
botulinum Type G), botulinum neurotoxin producing strains;
    c.9. Clostridium baratii, botulinum neurotoxin producing 
strains;
    c.10. Clostridium botulinum;
    c.11. Clostridium butyricum, botulinum neurotoxin producing 
strains;
    c.12. Clostridium perfringens, epsilon toxin producing types;
    c.13. Coxiella burnetii;
    c.14. Francisella tularensis;
    c.15. Mycoplasma capricolum subspecies capripneumoniae (``strain 
F38'');
    c.16. Mycoplasma mycoides subspecies mycoides SC (small colony) 
(a.k.a. contagious bovine pleuropneumonia);
    c.17. Rickettsia prowazekii;
    c.18. Salmonella enterica subspecies enterica serovar Typhi 
(Salmonella typhi);
    c.19. Shiga toxin producing Escherichia coli (STEC) of 
serogroups O26, O45, O103, O104, O111, O121, O145, O157, and other 
shiga toxin producing serogroups;
    Note: Shiga toxin producing Escherichia coli (STEC) includes, 
inter alia, enterohaemorrhagic E. coli (EHEC), verotoxin producing 
E. coli (VTEC) or verocytotoxin producing E. coli (VTEC).
    c.20. Shigella dysenteriae;
    c.21. Vibrio cholerae; or
    c.22. Yersinia pestis.
    d. ``Toxins'' identified on the Australia Group (AG) ``List of 
Human and Animal Pathogens and Toxins for Export Control,'' as 
follows, or their subunits:
    d.1. Abrin;
    d.2. Aflatoxins;
    d.3. Botulinum toxins;
    d.4. Brevetoxins;
    d.5. Clostridium perfringens alpha, beta 1, beta 2, epsilon and 
iota toxins;
    d.6. Conotoxins;
    d.7. Diacetoxyscirpenol;
    d.8. Gonyautoxins;
    d.9. HT-2 toxin;
    d.10. Microcystins (Cyanginosins);
    d.11. Modeccin;
    d.12. Nodularins;
    d.13. Palytoxin;
    d.14. Ricin;
    d.15. Saxitoxin;
    d.16. Shiga toxins (shiga-like toxins, verotoxins, and 
verocytotoxins);
    d.17. Staphylococcus aureus enterotoxins, hemolysin alpha toxin, 
and toxic shock syndrome toxin (formerly known as Staphylococcus 
enterotoxin F);
    d.18. T-2 toxin;
    d.19. Tetrodotoxin;
    d.20. Viscumin (Viscum album lectin 1); or
    d.21. Volkensin.
    e. ``Fungi'', as follows:
    e.1. Coccidioides immitis; or
    e.2. Coccidioides posadasii.
* * * * *
1C353 Genetic elements and genetically modified organisms, as 
follows (see List of Items Controlled).

License Requirements

Reason for Control: CB, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
CB applies to genetic elements of items     CB Column 1
 controlled by 1C351.d.14 and .15.
CB applies to entire entry................  CB Column 2
AT applies to entire entry................  AT Column 1
 

    License Requirements Notes:
    1. Vaccines that contain genetic elements or genetically 
modified organisms identified in this ECCN are controlled by ECCN 
1C991.
    2. Unless specified elsewhere in this ECCN 1C353 (e.g., in 
License Requirement Note 1), this ECCN controls genetic elements or 
genetically modified organisms for all biological agents and 
``toxins,'' regardless of quantity or attenuation, that are 
identified in the List of Items Controlled for this ECCN, including 
genetic elements or genetically modified organisms for attenuated 
strains of select biological agents or ``toxins'' that are excluded 
from the lists of select biological agents or ``toxins'' by the 
Animal and Plant Health Inspection Service (APHIS), U.S. Department 
of Agriculture, or the Centers for Disease Control and Prevention 
(CDC), U.S. Department of Health and Human Services, in accordance 
with the APHIS regulations in 7 CFR part 331 and 9 CFR part 121 and 
the CDC regulations in 42 CFR part 73.

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: (1) The Animal and Plant Health Inspection Service 
(APHIS), U.S. Department of Agriculture, and the Centers for Disease 
Control and Prevention (CDC), U.S. Department of Health and Human 
Services, maintain controls on the possession, use, and transfer 
within the United States of certain items controlled by this ECCN, 
including (but not limited to) certain genetic elements, recombinant 
nucleic acids, and recombinant organisms associated with the agents 
or toxins in ECCN 1C351 or 1C354 (for APHIS, see 7 CFR 331.3(c), 9 
CFR 121.3(c), and 9 CFR 121.4(c); for CDC, see 42 CFR 73.3(c) and 42 
CFR 73.4(c)). (2) See 22 CFR part 121, Category XIV(b), for modified 
biological agents and biologically derived substances that are 
subject to the export licensing jurisdiction of the U.S. Department 
of State, Directorate of Defense Trade Controls.
Related Definition: N/A
Items:

    a. Any genetically modified organism that contains, or any 
genetic element that codes for, any of the following:
    a.1. Any gene, genes, translated product or translated products 
specific to any virus controlled by 1C351.a or .b or 1C354.c;
    a.2. Any gene or genes specific to any bacterium controlled by 
1C351.c or 1C354.a, or any fungus controlled by 1C351.e or 1C354.b, 
and which;
    a.2.a. In itself or through its transcribed or translated 
products represents a significant hazard to human, animal or plant 
health; or
    a.2.b. Could endow or enhance pathogenicity; or
    a.3. Any toxins, or their subunits, controlled by 1C351.d.
    b. [Reserved].
    Technical Notes:
    1. Genetically modified organisms include organisms in which the 
nucleic acid sequences have been created or altered by deliberate 
molecular manipulation.
    2. ``Genetic elements'' include, inter alia, chromosomes, 
genomes, plasmids, transposons, vectors, and inactivated organisms 
containing recoverable nucleic acid fragments, whether genetically 
modified or unmodified, or chemically synthesized in whole or in 
part. For the purposes of this ECCN 1C353, nucleic acids from an 
inactivated organism, virus, or sample are considered to be 
`recoverable' if the inactivation and preparation of the material is 
intended or known to facilitate isolation, purification, 
amplification, detection, or identification of nucleic acids.
    3. This ECCN does not control nucleic acid sequences of shiga 
toxin producing Escherichia coli of serogroups O26, O45, O103, O104, 
O111, O121, O145, O157, and other shiga toxin producing serogroups, 
other than those genetic elements coding for shiga toxin, or for its 
subunits.
    4. `Endow or enhance pathogenicity' is defined as when the 
insertion or integration of the nucleic acid sequence or sequences 
is/are likely to enable or increase a recipient organism's ability 
to be used to deliberately

[[Page 85486]]

cause disease or death. This might include alterations to, inter 
alia: virulence, transmissibility, stability, route of infection, 
host range, reproducibility, ability to evade or suppress host 
immunity, resistance to medical countermeasures, or detectability.
* * * * *
1C354 Plant pathogens, as follows (see List of Items Controlled).

License Requirements

Reason for Control: CB, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
CB applies to entire entry................  CB Column 2
AT applies to entire entry................  AT Column 1
 

    License Requirements Notes:
    1. All vaccines are excluded from the scope of this ECCN. See 
ECCN 1C991 for vaccines.
    2. Unless specified elsewhere in this ECCN 1C354 (e.g., in 
License Requirement Note 1), this ECCN controls all biological 
agents, regardless of quantity or attenuation, that are identified 
in the List of Items Controlled for this ECCN, including small 
quantities or attenuated strains of select biological agents that 
are excluded from the list of PPQ select agents and ``toxins'' by 
the Animal and Plant Health Inspection Service (APHIS), U.S. 
Department of Agriculture, in accordance with their regulations in 7 
CFR part 331.

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: (1) The Animal and Plant Health Inspection Service 
(APHIS), U.S. Department of Agriculture, maintains controls on the 
possession, use, and transfer within the United States of certain 
items controlled by this ECCN (see 7 CFR 331.3(c), 9 CFR 121.3(c), 
and 9 CFR 121.4(c)). (2) See 22 CFR part 121, Category XIV(b), for 
modified biological agents and biologically derived substances that 
are subject to the export licensing jurisdiction of the U.S. 
Department of State, Directorate of Defense Trade Controls.
Related Definitions: N/A
Items:

    a. Bacteria, as follows:
    a.1. Xanthomonas albilineans;
    a.2. Xanthomonas citri pv. citri (Xanthomonas axonopodis pv. 
citri, Xanthomonas campestris pv. citri);
    a.3. Xanthomonas oryzae [this species of proteobacteria is 
identified on the APHIS ``select agents'' list (see Related Controls 
paragraph for this ECCN), but only the pathovar Xanthomonas oryzae 
pv. oryzae (syn. Pseudomonas campestris pv. oryzae) is identified on 
the Australia Group (AG) ``List of Plant Pathogens for Export 
Control''];
    a.4. Clavibacter michiganensis subsp. sepedonicus (Clavibacter 
sepedonicus, Clavibacter michiganense subsp. sepedonicus, 
Corynebacterium michiganensis subsp. sepedonicum, Corynebacterium 
sepedonicum);
    a.5. Ralstonia solanacearum, race 3, biovar 2;
    a.6. Raythayibactor toxicus [this bacterium is identified on the 
APHIS ``select agents'' list (see the Related Controls paragraph for 
this ECCN), but is not identified on the Australia Group (AG) ``List 
of Plant Pathogens for Export Control''].
    b. Fungi, as follows:
    b.1. Bipolaris oryzae (Cochliobolus miyabeanus, Helminthosporium 
oryzae);
    b.2. Colletotrichum kahawae (Colletotrichum coffeanum var. 
virulans);
    b.3. Pseudocercospora ulei (Microcyclus ulei, Dothidella ulei);
    b.4. Puccinnia graminis ssp. graminis var. graminis/Puccinia 
graminis ssp. graminis var. stakmanii (Puccinia graminis [syn. 
Puccinia graminis f. sp. tritici]);
    b.5. Puccinia striiformis (syn. Puccinia glumarum);
    b.6. Magnaporthe oryzae (Pyricularia oryzae);
    b.7. Peronosclerospora philippinensis (Peronosclerospora 
sacchari);
    b.8. Sclerophthora rayssiae var. zeae;
    b.9. Synchytrium endobioticum;
    b.10. Tilletia indica;
    b.11. Thecaphora solani;
    b.12. Phoma glycinicola (formerly Pyrenochaeta glycines) [this 
fungus is identified on the APHIS ``select agents'' list (see the 
Related Controls paragraph for this ECCN), but is not identified on 
the Australia Group (AG) ``List of Plant Pathogens for Export 
Control''].
    c. Viruses, as follows:
    c.1. Andean potato latent virus (Potato Andean latent 
tymovirus);
    c.2. Potato spindle tuber viroid.
* * * * *

E. ``Technology''

* * * * *
1E001 ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of items controlled by 1A002, 
1A003, 1A004, 1A005, 1A006.b, 1A007, 1A008 1A101, 1A231, 1B (except 
1B608, 1B613 or 1B999), or 1C (except 1C355, 1C608, 1C980 to 1C984, 
1C988, 1C990, 1C991, 1C995 to 1C999).

License Requirements

Reason for Control: NS, MT, NP, CB, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1  to part 738)
 
NS applies to ``technology'' for items      NS Column 1
 controlled by 1A002, 1A003, 1A005,
 1A006.b, 1A007, 1B001 to 1B003, 1B018,
 1C001 to 1C011, or 1C018.
NS applies to ``technology'' for items      NS Column 2
 controlled by 1A004.
MT applies to ``technology'' for items      MT Column 1
 controlled by 1A101, 1B001, 1B101, 1B102,
 1B115 to 1B119, 1C001, 1C007, 1C011,
 1C101, 1C102, 1C107, 1C111, 1C116, 1C117,
 or 1C118 for MT reasons.
NP applies to ``technology'' for items      NP Column 1
 controlled by 1A002, 1A007, 1A231, 1B001,
 1B101, 1B201, 1B225, 1B226, 1B228 to
 1B234, 1C002, 1C010, 1C111, 1C116, 1C202,
 1C210, 1C216, 1C225 to 1C237, or 1C239 to
 1C241 for NP reasons.
CB applies to ``technology'' for items      CB Column 1
 controlled by 1C351.d.14 and .15 and the
 1C353 genetic elements of toxins in ECCN
 1C351.d.14 and .15.
CB applies to ``technology'' for items      CB Column 2
 controlled by 1C351, 1C353, or 1C354; and
 CB applies to ``technology'' for
 materials controlled by 1C350 and for
 chemical detection systems and dedicated
 detectors therefor, in 1A004.c, that also
 have the technical characteristics
 described in 2B351.a.
RS applies to technology for equipment      RS Column 2
 controlled in 1A004.d.
AT applies to entire entry................  AT Column 1
 

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for 
exports under License Exceptions, and Validated End-User 
authorizations.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: Yes, except for the following:

    (1) Items controlled for MT reasons; or
    (2) Exports and reexports to destinations outside of those 
countries listed in Country

[[Page 85487]]

Group A:5 (See Supplement No. 1 to part 740 of the EAR) of 
``technology'' for the ``development'' or production'' of the 
following:
    (a) Items controlled by 1C001; or
    (b) Items controlled by 1A002.a which are composite structures 
or laminates having an organic ``matrix'' and being made from 
materials listed under 1C010.c or 1C010.d.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit 
``technology'' according to the General Technology Note for the 
``development'' or ``production'' of equipment and materials 
specified by ECCNs 1A002, 1C001, 1C007.c, 1C010.c or d or 1C012 to 
any of the destinations listed in Country Group A:6 (See Supplement 
No. 1 to part 740 of the EAR).

List of Items Controlled

Related Controls (1) Also see ECCNs 1E101, 1E201, and 1E202. (2) See 
ECCN 1E608 for ``technology'' for items classified under ECCN 1B608 
or 1C608 that, immediately prior to July 1, 2014, were classified 
under ECCN 1B018.a or 1C018.b through .m (note that ECCN 1E001 
controls ``development'' and ``production'' ``technology'' for 
chlorine trifluoride controlled by ECCN 1C111.a.3.f--see ECCN 1E101 
for controls on ``use'' ``technology'' for chlorine trifluoride). 
(3) See ECCN 1E002.g for control libraries (parametric technical 
databases) ``specially designed'' or modified to enable equipment to 
perform the functions of equipment controlled under ECCN 1A004.c 
(Nuclear, biological and chemical (NBC) detection systems) or ECCN 
1A004.d (Equipment for detecting or identifying explosives 
residues). (4) ``Technology'' for lithium isotope separation (see 
related ECCN 1B233) and ``technology'' for items described in ECCN 
1C012 are subject to the export licensing authority of the 
Department of Energy (see 10 CFR part 810). (5) ``Technology'' for 
items described in ECCN 1A102 is ``subject to the ITAR'' (see 22 CFR 
parts 120 through 130).
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.
* * * * *
1E351 ``Technology'' according to the ``General Technology Note'' 
for the disposal of chemicals or microbiological materials 
controlled by 1C350, 1C351, 1C353, or 1C354.

License Requirements

Reason for Control: CB, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
CB applies to ``technology'' for the        CB Column 1
 disposal of items controlled by
 1C351.d.14 and .15 and the 1C353 genetic
 elements of toxins in ECCN 1C351.d.14 and
 .15.
CB applies to ``technology'' for the        CB Column 2
 disposal of items controlled by 1C351,
 1C353, or 1C354; and CB applies to
 ``technology'' for the disposal of items
 controlled by 1C350.
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: N/A

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.
* * * * *

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-26532 Filed 12-7-23; 8:45 am]
BILLING CODE 3510-33-P


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