[Federal Register Volume 67, Number 105 (Friday, May 31, 2002)]
[Rules and Regulations]
[Pages 37977-37988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13581]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 736, 738, 740, 742, 745, and 774

[Docket No. 020509118-2118-01]
RIN 0694-AC62


Revisions and Clarifications to the Export Administration 
Regulations--Chemical and Biological Weapons Controls: Australia Group; 
Chemical Weapons Convention

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS), formerly the Bureau 
of Export Administration (BXA), is amending the Export Administration 
Regulations (EAR) to implement the understandings reached at the 
October 2001 plenary meeting of the Australia Group (AG). This final 
rule amends the Commerce Control List (CCL) and the corresponding 
export licensing provisions in the EAR to: authorize exports and 
reexports without a license, to most destinations, of medical, 
analytical, diagnostic, and food testing kits containing small 
quantities of any chemicals controlled only by the AG (i.e., not also 
listed on any Schedule to the Chemical Weapons Convention (CWC)), 
provided that the testing kits meet certain criteria specified in the 
EAR; clarify the scope of the AG controls that apply to certain genetic 
elements and genetically modified organisms; establish controls on 
exports and reexports of critical components of

[[Page 37978]]

certain AG-controlled chemical manufacturing equipment, in which all 
surfaces that come into direct contact with the chemical(s) being 
processed or contained are made from specified materials; and add 
Bulgaria to Country Group A:3 (AG participating countries).
    This rule also implements three AG intersessional decisions that 
affect AG controls on valves, freeze-drying equipment, and protective 
and containment equipment (including protective suits). This rule 
revises AG controls on valves to include all valves with nominal sizes 
greater than 1.0 cm in which all surfaces that come into direct contact 
with the chemical(s) being processed or contained are made from 
specified materials. The rule revises AG controls on freeze-drying 
equipment by changing the control threshold for such equipment from a 
minimum condenser capacity of ``greater than 50 kgs of ice in 24 
hours'' to a minimum condenser capacity of ``10 kgs of ice or greater 
in 24 hours.'' The rule revises AG controls on protective suits to 
apply to hoods, as well as protective full and half suits, that are 
dependant upon a tethered external air supply and operate under 
positive pressure. Suits designed to be worn with self-contained 
breathing apparatus are excluded from control. Furthermore, the rule 
clarifies the AG controls that apply to Class III biological safety 
cabinets and isolators with similar characteristics by including 
several examples of the types of equipment subject to these controls.
    In addition to making the 2001 AG plenary and intersessional 
changes described above, this rule creates a new entry and restructures 
several entries on the CCL in order to clarify which mixtures are 
controlled for CB (chemical/biological: AG-based) or CW (chemical 
weapons: CWC-based) reasons. The restructuring does not alter the scope 
of the controls that apply to these mixtures.
    This rule also harmonizes AT (anti-terrorism) controls among a 
number of entries on the CCL that describe chemicals controlled for CB 
or CW reasons and mixtures that contain these chemicals. Specifically, 
this rule expands AT controls to apply to all chemicals previously 
controlled for CW reasons only and to all mixtures that contain these 
chemicals. This rule further harmonizes the application of AT controls 
by requiring a license, for AT reasons, to export or reexport mixtures 
containing chemicals controlled for CB or CW reasons to all of the 
designated terrorist supporting countries.
    In addition, this rule imposes a license requirement for exports to 
Canada of human pathogens and toxins, animal and plant pathogens, and 
genetically modified organisms that are controlled for CB reasons. This 
change harmonizes export controls on biological agents and related 
technology by requiring a license to export such items to all 
destinations, worldwide.
    Finally, this rule makes two changes related to the CWC 
requirements in the EAR. First, the rule updates the list of countries 
that are currently States Parties to the CWC by adding the following 
countries: Nauru and Uganda. Second, the rule clarifies that a license 
is required to reexport CWC Schedule 3 chemicals and mixtures 
controlled on the CCL for CW reasons from a State not Party to the CWC 
to any other State not Party to the CWC and that applications for such 
reexports generally will be denied.

DATES: This rule is effective May 31, 2002.

FOR FURTHER INFORMATION CONTACT: James Seevaratnam, Office of Chemical 
and Biological Controls and Treaty Compliance, Bureau of Industry and 
Security, Telephone: (202) 501-7900.

SUPPLEMENTARY INFORMATION:

Background

A. Revisions to the EAR Based on the October 2001 Plenary Meeting of 
the Australia Group

    The Bureau of Industry and Security (BIS), formerly the Bureau of 
Export Administration (BXA), is amending the Export Administration 
Regulations (EAR) to implement understandings reached at the annual 
plenary meeting of the Australia Group (AG) chemical and biological 
weapons nonproliferation control regime that was held in Paris on 
October 1-4, 2001. The Australia Group is a multilateral forum, 
consisting of 33 participating countries, that maintains export 
controls on a list of chemicals, biological agents, and related 
equipment and technology that could be used in a chemical or biological 
weapons program. The AG periodically reviews items on its control list 
to enhance the effectiveness of participating governments' national 
controls and to achieve greater harmonization among these controls.
    This final rule amends the EAR to implement an understanding on 
test kits that was reached at the October 2001 AG plenary meeting. 
Specifically, this rule authorizes exports without a license, to most 
destinations, of medical, analytical, diagnostic, and food testing kits 
containing small quantities of any chemicals controlled only by the AG, 
provided that the kits: (1) Are pre-packaged materials of defined 
composition, (2) are specifically developed, packaged, and marketed for 
diagnostic, analytical, or public health purposes, and (3) contain no 
more than 300 grams of any single AG-controlled chemical. In addition, 
an export license for such test kits continues to be required, to 
certain destinations and entities, for anti-terrorism (AT) reasons or 
for other reasons specified in the EAR (e.g., embargoes).
    The following license requirements apply to such test kits. Test 
kits that contain CWC Schedule 1 chemicals continue to be controlled 
under ECCN 1C350 (note that this rule restructures 1C350.a to control 
certain Schedule 1 chemicals that are subject to the EAR). These test 
kits require a license for all destinations, including Canada, for CW 
reasons, and also require a license to certain destinations for 
chemical/biological (CB) and anti-terrorism (AT) reasons. Test kits 
that contain CWC Schedule 2 or 3 chemicals listed in restructured 
1C350.b or .c, respectively, are now controlled under new ECCN 1C395 
and continue to require a license to States not Party to the CWC, for 
CB and CW reasons, and to designated terrorist supporting countries 
(i.e., Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria), for AT 
reasons. Test kits that contain precursor chemicals listed in 
restructured 1C350.d, which are not subject to the CW controls 
described in that ECCN, are controlled under ECCN 1C995 for AT reasons 
only. This rule also amends Section 742.2 of the EAR by revising the 
license requirements to reflect the AG understanding on test kits 
described above.
    Participants at the October 2001 AG plenary meeting also reached an 
understanding to control exports and reexports of critical components 
of certain AG-controlled chemical manufacturing equipment listed in 
ECCN 2B350. Specifically, this rule revises ECCN 2B350 to control the 
following components: (1) Impellers, blades or shafts designed for 
agitators controlled by 2B350.b; (2) tubes, plates, coils or blocks 
(cores) designed for heat exchangers or condensers controlled by 
2B350.d; (3) liquid distributors, vapor distributors or liquid 
collectors designed for distillation or absorption columns controlled 
by 2B350.e; (4) casings (valve bodies) or preformed casing liners 
designed for valves controlled by 2B350.g; and (5) casing (pump 
bodies), preformed casing liners, impellers, rotors or jet pump nozzles 
designed for pumps controlled by 2B350.i.

[[Page 37979]]

    The October 2001 AG plenary meeting also resulted in an 
understanding concerning the scope of controls on the genetic elements 
and genetically modified organisms controlled by ECCN 1C353. This rule 
adds a technical note to ECCN 1C353 to indicate that ``genetic elements 
include, inter alia, chromosomes, genomes, plasmids, transposons, and 
vectors, whether genetically modified or unmodified.''
    Finally, this rule amends the EAR to add Bulgaria as the newest 
participating country in the Australia Group (which now includes a 
total of 33 countries). Supplement No. 1 to Part 740 (Country Groups) 
is revised to add Bulgaria to Country Group A:3 (Australia Group) and 
Supplement No. 1 to Part 738 (Commerce Country Chart) is revised to 
remove the licensing requirements for Bulgaria under CB Columns 2 and 3 
in conformance with the licensing policy that applies to other AG 
participating countries.

B. Revisions to the EAR Based on Intersessional Decisions by the 
Australia Group

    BIS is amending the EAR to implement three intersessional decisions 
by the AG, made subsequent to the October 2001 plenary meeting, that 
affect AG controls on valves, freeze-drying equipment, and protective 
and containment equipment. This rule revises AG controls on valves by 
amending ECCN 2B350 to control valves with nominal sizes greater than 
1.0 cm in which all surfaces that come into direct contact with the 
chemical(s) being processed or contained are made from specified 
materials. The change more clearly defines valves that would pose a 
concern for proliferation reasons.
    This rule also revises AG controls on freeze-drying equipment 
controlled by ECCN 2B352 by changing the control threshold for such 
equipment from a minimum condenser capacity of ``greater than 50 kgs of 
ice in 24 hours'' to a minimum condenser of ``10 kgs of ice or greater 
in 24 hours.'' As a result of this change, 2B352.e now controls steam 
sterilizable freeze-drying equipment that has a condenser capacity of 
10 kgs of ice or greater, but less than 1,000 kgs of ice, in 24 hours.
    In addition, this rule revises AG controls on the protective suits 
controlled by ECCN 2B352 to apply to hoods, as well as protective full 
and half suits, that are dependant upon a tethered external air supply 
and operate under positive pressure. A technical note is added to 
2B352.f.1 to exclude from control those suits that are designed to be 
worn with self-contained breathing apparatus. In addition, this rule 
clarifies the controls that apply to Class III biological safety 
cabinets and isolators with similar characteristics by adding, in ECCN 
2B352.f.2, several examples of the types of equipment subject to these 
controls (e.g., flexible isolators, dry boxes, anaerobic chambers, 
glove boxes or laminar flow hoods (closed with vertical flow)).

C. Restructuring of AG and CWC-Related Entries on the Commerce Control 
List (CCL)

    In addition to implementing the 2001 AG plenary and intersessional 
changes described above, BIS is amending the EAR by restructuring 
several entries on the CCL in order to clarify which chemicals and 
mixtures are controlled for CB (chemical/biological: AG-based) or CW 
(chemical weapons: CWC-based) reasons. This restructuring does not, by 
itself, alter the scope of the controls that apply to these chemicals 
and mixtures. Specifically, this rule amends ECCN 1C350 to reorganize 
the List of Items Controlled into four categories: (1) 1C350.a, which 
lists certain AG-controlled chemicals also identified on CWC Schedule 1 
and controlled for CB, CW, and AT (anti-terrorism) reasons; (2) 
1C350.b, which lists certain AG-controlled chemicals also identified on 
CWC Schedule 2 and controlled for CB, CW, and AT reasons; (3) 1C350.c, 
which lists certain AG-controlled chemicals also identified on CWC 
Schedule 3 and controlled for CB, CW, and AT reasons; and (4) 1C350.d, 
which lists AG-controlled chemicals controlled for CB and AT reasons 
only. This rule also amends ECCN 1C350 and ECCN 1C355 to place the 
description of the mixtures controlled by each entry in the List of 
Items Controlled for that entry. As part of this change, the mixtures 
notes for these two ECCNs have been revised to simplify the language 
describing the license requirements that apply to mixtures containing 
chemicals controlled by these ECCNs.
    This rule also restructures ECCN 1C995 and adds a new ECCN 1C395 to 
provide greater clarity concerning the license requirements that apply 
to certain mixtures and test kits containing chemicals controlled by 
ECCN 1C350. Specifically, ECCN 1C995 is revised to control mixtures and 
test kits that require a license for AT reasons only. As a result of 
this change ECCN 1C995 now controls all mixtures that contain AG-
controlled chemicals (i.e., chemicals controlled by ECCN 1C350) in 
concentrations less than the control thresholds specified for mixtures 
identified in ECCN 1C350, except for those mixtures that contain 
greater than 10 percent, but less than 30 percent, by weight of any 
single AG-controlled chemical also identified under Schedule 2 of the 
CWC. The latter are controlled under new ECCN 1C395, because they 
require a license, for CB and CW reasons, for export to States not 
Party to the CWC. ECCN 1C995 continues to control the following 
mixtures for AT reasons only: (1) Mixtures that contain 10 percent or 
less, by weight, of any single AG-controlled chemical also identified 
under Schedule 2 of the CWC, (2) mixtures that contain less than 30 
percent by weight of any single AG-controlled chemical also identified 
under Schedule 3 of the CWC, and (3) mixtures that contain less than 30 
percent by weight of any single AG-controlled chemical not also 
identified under any schedule of the CWC (i.e., AG-controlled chemicals 
in ECCN 1C350 not also controlled for CW reasons). As noted below (see 
harmonization of AT controls), ECCN 1C995 is revised by this rule to 
also control, for AT reasons, mixtures not controlled by ECCN 1C355 
that contain chemicals controlled by that ECCN. In addition, ECCN 1C995 
controls test kits that contain precursor chemicals listed in 1C350.d, 
which are not subject to CW controls.
    New ECCN 1C395 controls test kits excluded from control under ECCN 
1C350.b and .c by License Requirement Note 4 of that ECCN (i.e., test 
kits containing CWC Schedule 2 or 3 chemicals). These test kits are 
included in new ECCN 1C395, instead of ECCN 1C995, because they are 
controlled for CB and CW reasons to States not Party to the CWC. ECCN 
1C395 also controls mixtures containing greater than 10 percent, but 
less than 30 percent, by weight of any single AG-controlled chemical 
also identified under Schedule 2 of the CWC. These mixtures are 
controlled under ECCN 1C395 for CB and CW reasons. All items controlled 
by new ECCN 1C395 require a license, for AT reasons, to designated 
terrorist supporting countries (i.e., Cuba, Iran, Iraq, Libya, North 
Korea, Sudan, and Syria).
    This rule amends General Prohibition Seven (Section 736.2(b)(7) of 
the EAR) and the AG and CWC licensing requirements and policies in 
Sections 742.2 and 742.18 of the EAR to include references to new ECCN 
1C395. The rule also amends the CWC licensing requirements and policies 
in Section 742.18 of the EAR to include references to mixtures 
controlled by ECCN 1C350, ECCN 1C355, or new ECCN 1C395.

[[Page 37980]]

D. Harmonization of Anti-Terrorism (AT) Controls in the AG and CWC-
Related Entries on the Commerce Control List (CCL)

    BIS is also amending several AG and CWC-related entries on the CCL 
to harmonize the application of anti-terrorism (AT) controls among 
these entries. Specifically, this rule revises ECCN 1C355 to require a 
license, for AT reasons, to export or reexport any of the chemicals or 
mixtures controlled by this ECCN to all of the designated terrorist 
supporting countries (i.e., Cuba, Iran, Iraq, Libya, North Korea, 
Sudan, and Syria). Prior to the publication of this rule, the chemicals 
and mixtures listed in ECCN 1C355 required a license for CW reasons 
only. This action will have no impact on exports to Cuba, Iran, Iraq, 
Libya, and Sudan, which are subject to comprehensive trade sanctions, 
or on exports to Syria and North Korea, which continue to be subject to 
CW controls.
    In addition, this rule revises ECCN 1C995 to harmonize the 
application of AT controls among ECCNs containing chemicals and 
chemical mixtures by requiring a license to export or reexport any 
mixture controlled by ECCN 1C995 to all of the designated terrorist 
supporting countries. Prior to the publication of this rule, mixtures 
controlled by ECCN 1C995 that contained chemicals controlled by ECCN 
1C350 required a license, for AT reasons, only to Cuba, Libya, North 
Korea, and Iran. In practice, this action will have no impact on 
exports to Sudan and Iraq, which are subject to comprehensive trade 
sanctions, but it may have a slight impact on exports of these mixtures 
to Syria.
    This rule also revises ECCN 1C995 to control, for AT reasons, 
mixtures not controlled by ECCN 1C355 that contain chemicals controlled 
by 1C355. Prior to the publication of this rule, these mixtures were 
classified as EAR99 and generally could be exported to most 
destinations, except embargoed destinations and entities (i.e., Cuba, 
Iran, Iraq, Libya, and Sudan), without prior U.S. Government 
authorization. In practice, this action will have no impact on exports 
to Cuba, Iran, Iraq, Libya, and Sudan, which are subject to 
comprehensive trade sanctions, but it may have a slight impact on 
exports of these mixtures to Syria and North Korea.
    In addition, this rule expands AT controls on test kits that were 
previously controlled under ECCN 1C995, but which are now controlled 
under ECCN 1C395 (i.e., test kits containing AG-controlled chemicals 
also identified on CWC Schedule 2 or 3), by requiring a license, for AT 
reasons, to export these test kits to Iraq. This rule also expands AT 
controls, to include Iraq, for certain test kits that were previously 
controlled under ECCN 1C350, but which are now controlled under ECCN 
1C995.c (i.e., test kits containing AG-controlled chemicals that are 
not also controlled for CW reasons). Previously, exports of these test 
kits required a license, for AT reasons, only to Cuba, Iran, Libya, 
North Korea, Sudan, and Syria. This action will have no impact on 
exports of these test kits to Iraq, since that country is subject to 
comprehensive trade sanctions and a license also continues to be 
required, for CB and CW reasons, to export these test kits to Iraq.
    Finally, this rule revises ECCN 1C350 to expand AT controls to 
include Iraq. Previously, items controlled by ECCN 1C350 were 
controlled for AT reasons to all designated terrorist-supporting 
countries, except Iraq (i.e., Cuba, Iran, Libya, North Korea, Sudan, 
and Syria).

E. Establishment of Worldwide Export Controls on Certain Australia 
Group-Controlled Biological Items

    This rule also imposes a license requirement for exports to Canada 
of human pathogens and toxins, animal and plant pathogens, and 
genetically modified organisms that are controlled for CB reasons under 
ECCNs 1C351, 1C352, 1C353, and 1C354 and related technology controlled 
for CB reasons under ECCNs 1E001 and 1E351. Specifically, this rule 
amends the Commerce Country Chart (Supplement No. 1 to part 738 of the 
EAR) by inserting an ``X'' for Canada under CB Column 1. Prior to the 
publication of this rule, these items required a license to all 
destinations, except Canada. As a result of this action, these 
pathogens, toxins, and microorganisms require a license for export to 
all destinations, including Canada. This change harmonizes export 
controls on biological agents and related technology by requiring a 
license to export such items, worldwide.

F. Clarification of Controls on Mixtures That Contain Trace Amounts of 
Controlled Chemicals

    This rule clarifies the control status of certain mixtures that 
contain only trace amounts of controlled chemicals. First, License 
Requirements Note 2 in ECCN 1C350 is revised to clarify that this entry 
does not control mixtures containing less than 0.5% aggregate 
quantities, by weight, of the CWC Schedule 1 chemicals controlled by 
1C350.a as unavoidable by-products or impurities. Such mixtures are 
classified as EAR99, instead. However, all other mixtures containing 
these Schedule 1 chemicals are controlled by ECCN 1C350.a. Second, a 
new License Requirements Note is added in ECCN 1C995 to clarify that 
this ECCN does not control mixtures containing less than 0.5% of any 
single AG-controlled chemical listed in ECCN 1C350 (except those also 
identified as CWC Schedule 1 chemicals) or any single CW-controlled 
chemical listed in ECCN 1C355 as unavoidable by-products or impurities. 
Such mixtures are classified as EAR99, instead.

G. Addition of New States Parties to the Chemical Weapons Convention 
(CWC) and Clarification of EAR Licensing Policy for Reexports of CWC 
Schedule 3 Chemicals

    This rule makes two changes related to the CWC requirements in the 
EAR. First, the rule revises Supplement No. 2 to Part 745 (titled 
``States Parties to the Convention on the Prohibition of the 
Development, Production, Stockpiling, and Use of Chemical Weapons and 
on Their Destruction'') by adding the names of countries that have 
recently become States Parties to the CWC (i.e., Nauru and Uganda). 
Second, the rule clarifies (in Section 742.18 of the EAR and in the 
License Requirements sections of ECCNs 1C350, 1C355, and 1C395) that a 
license is required, for CW reasons, to reexport CWC Schedule 3 
chemicals and mixtures identified in these ECCNs from a State not Party 
to the CWC (a destination not listed in Supplement No. 2 to part 745 of 
the EAR) to any other State not Party to the CWC and that applications 
for such reexports generally will be denied.
    The Department of Commerce is taking these measures having 
consulted with the Department of State. The harmonization and expansion 
of AT controls on chemicals and chemical mixtures and the revised CB 
controls are described in a report to the Congress, dated May 30, 2002.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes 
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act, unless that collection of 
information displays a currently valid OMB Control Number. This rule 
contains collections of information subject to the requirements of the 
Paperwork Reduction Act of 1980 (44

[[Page 37981]]

U.S.C. 3501 et seq.). These collections have been approved by the 
Office of Management and Budget under Control Numbers 0694-0088 and 
0694-0117.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military and foreign affairs 
function of the United States (Sec. 5 U.S.C. 553(a)(1)). Further, no 
other law requires that a notice of proposed rulemaking and an 
opportunity for public comment be given for this final rule. Because a 
notice of proposed rulemaking and an opportunity for public comment are 
not required to be given for this rule under 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.
    Therefore, this regulation is issued in final form. Although there 
is no formal comment period, public comments on this regulation are 
welcome on a continuing basis. Comments should be submitted to Willard 
Fisher, Regulatory Policy Division, Bureau of Industry and Security, 
U.S. Department of Commerce, Room 2705, 14th Street and Pennsylvania 
Avenue, NW, Washington, DC 20230.

List of Subjects

15 CFR Parts 736 and 742

    Exports, Foreign trade.

15 CFR Part 738

    Administrative practice and procedure, Exports, Foreign trade.

15 CFR Part 740

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

15 CFR Part 745

    Administrative practice and procedure, Chemicals, Exports, Foreign 
trade, Reporting and recordkeeping requirements.

15 CFR Part 774

    Exports, Foreign trade, Reporting and recordkeeping requirements.

    Accordingly, Parts 736, 738, 740, 742, 745, and 774 of the Export 
Administration Regulations (15 CFR parts 730-799) are amended as 
follows:
    1. The authority citation for 15 CFR part 736 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 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, August 22, 2001; Notice 
of November 9, 2001, 66 FR 56965, November 13, 2001.


    2. The authority citation for 15 CFR part 738 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 
287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. 
app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec. 
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, August 22, 2001.


    3. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 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, August 22, 2001.

    4. The authority citation for 15 CFR part 742 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; 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, August 22, 2001; Notice of November 9, 2001, 66 
FR 56965, November 13, 2001.


    5. The authority citation for 15 CFR part 745 continues to read as 
follows:

    Authority: 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 
CFR, 1994 Comp., p. 950; Notice of November 9, 2000, 65 FR 68063, 3 
CFR, 2000 Comp., p. 408.

    6. The authority citation for 15 CFR part 774 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 
287(c); 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. 
app. 466(c); 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec. 
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, August 22, 2001.

PART 736--[AMENDED]

    7. Section 736.2 is amended by revising the phrase ``ECCN 1C350 or 
ECCN 1C355'' to read ``ECCN 1C350, ECCN 1C355, or ECCN 1C395'' in 
paragraph (b)(7)(i)(C).

PART 738--[AMENDED]

    8. Supplement No. 1 to Part 738 is amended by revising the entries 
for ``Bulgaria'' and ``Canada'' to read as follows:

                                                                      Supplement No. 1 to Part 738--Commerce Country Chart
                                                                                      [Reason for control]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Chemical and biological        Nuclear          National      Missile      Regional       Firearms         Crime control        Anti-  Terrorism
                                                        weapons           nonproliferation      security        tech       stability     convention --------------------------------------------
                  Countries                   ------------------------------------------------------------------------------------------------------
                                                 CB 1     CB 2     CB 3     NP 1     NP2      NS 1     NS 2     MT 1     RS 1     RS 2      FC 1       CC 1     CC 2     CC 3     AT 1     AT 2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                       *                  *                  *                  *                  *                  *                  *
Bulgaria.....................................       X   .......  .......  .......  .......       X        X        X        X        X   ..........       X        X   .......  .......  .......
 
                                       *                  *                  *                  *                  *                  *                  *
Canada.......................................       X   .......  .......  .......  .......  .......  .......  .......  .......  .......         X    .......  .......  .......  .......  .......
 
                                       *                  *                  *                  *                  *                  *                  *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 37982]]

PART 740--[AMENDED]

    9. In Supplement No. 1 to Part 740, Country Group A is amended by 
revising the entry for ``Bulgaria'' to read as follows:

                                          Supplement No. 1 to Part 740
                                                 Country Group A
----------------------------------------------------------------------------------------------------------------
                                                                   Missile      Australia group      Nuclear
                                             -----------------    technology   ----------------- suppliers group
                   Country                                      control regime                  ----------------
                                                   [A:1]      -----------------      [A:3]
                                                                    [A:2]                             [A:4]
----------------------------------------------------------------------------------------------------------------
 
      *                   *                   *                   *                   *                   *
                                                  *
Bulgaria....................................  ...............  ...............               X                X
 
      *                   *                   *                   *                   *                   *
                                                  *
----------------------------------------------------------------------------------------------------------------

PART 742--[AMENDED]

    10. Section 742.2 is amended by revising paragraphs (a)(1) 
introductory text, (a)(2)(i)(A), and (a)(2)(i)(C), and by adding a new 
paragraph (a)(4) to read as follows:


Sec. 742.2  Proliferation of chemical and biological weapons.

    (a) * * *
    (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:
* * * * *
    (2) * * *
    (i) * * *
    (A) This licensing requirement includes chemical mixtures 
identified in ECCN 1C350.a, .b, .c, or .d, except as specified in 
License Requirements Note 2 to that ECCN.
* * * * *
    (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.
* * * * *
    (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.
* * * * *

    11. Section 742.18 is revised to read as follows:


Sec. 742.18  Chemical Weapons Convention (CWC or Convention).

    States that are parties to the Convention on the Prohibition of the 
Development, Production, Stockpiling and Use of Chemical Weapons and on 
Their Destruction, also known as the Chemical Weapons Convention (CWC 
or Convention), undertake never to develop, produce, acquire, 
stockpile, transfer, or use chemical weapons. As a State Party to the 
Convention, the United States is subjecting certain toxic chemicals and 
their precursors listed in Schedules within the Convention to trade 
restrictions. Trade restrictions include: a prohibition on the export 
of Schedule 1 chemicals to States not Party to the CWC; a prohibition 
on the reexport of Schedule 1 chemicals to all destinations (both 
States Parties to the CWC and States not Party to the CWC); license 
requirements for the export of Schedule 1 chemicals to all States 
Parties; a prohibition on the export of Schedule 2 chemicals to States 
not Party to the CWC; and an End-Use Certificate requirement for 
exports of Schedule 3 chemicals to States not Party to the CWC. Exports 
of CWC chemicals that do not require a license for CW reasons (e.g., 
exports and reexports of Schedule 2 and Schedule 3 chemicals to States 
Parties to the CWC) may require a license for other reasons set forth 
in the EAR. (See, in particular, the license requirements in Sec. 742.2 
of the EAR that apply to exports and reexports of precursor chemicals 
controlled by ECCN 1C350, for CB reasons. Also note the end-use and 
end-user restrictions in part 744 of the EAR and the restrictions that 
apply to embargoed countries in part 746 of the EAR.)
    (a) License requirements. (1) Schedule 1 chemicals and mixtures 
controlled under ECCN 1C350 or ECCN 1C351. A license is required for CW 
reasons to export or reexport Schedule 1 chemicals and mixtures 
controlled under ECCN 1C350.a or Schedule 1 chemicals controlled under 
ECCN 1C351.d.5 or d.6 to all destinations including Canada. CW applies 
to 1C351.d.5 for ricin in the form of Ricinus Communis 
AgglutininII (RCAII), which is also known as 
ricin D or Ricinus Communis LectinIII (RCLIII), 
and Ricinus Communis LectinIV (RCLIV), which is 
also known as ricin E. CW applies to 1C351.d.6 for saxitoxin identified 
by C.A.S. #35523-89-8. (Note that the advance notification procedures 
and annual reporting requirements described in Sec. 745.1 of the EAR 
also apply to exports of Schedule 1 chemicals.)
    (2) Schedule 2 and 3 chemicals and mixtures controlled under ECCN 
1C350, ECCN 1C355, or ECCN 1C395. (i) States Parties to the CWC. 
Neither a license nor an End-Use Certificate is required for CW reasons 
to export or reexport Schedule 2 or 3 chemicals and mixtures controlled 
under ECCN 1C350, ECCN 1C355, or ECCN 1C395 to States Parties to the 
CWC (destinations listed in Supplement No. 2 to part 745 of the EAR).
    (ii) States not Party to the CWC. (A) Schedule 2 chemicals. A 
license is required for CW reasons to export or reexport Schedule 2 
chemicals and mixtures controlled under ECCN 1C350.b, ECCN 1C355.a, or 
ECCN 1C395 to States not Party to the CWC (destinations not listed in 
Supplement No. 2 to part 745 of the EAR).
    (B) Schedule 3 chemicals. (1) Exports. A license is required for CW 
reasons to

[[Page 37983]]

export Schedule 3 chemicals and mixtures controlled under ECCN 1C350.c, 
ECCN 1C355.b, or ECCN 1C395.b to States not Party to the CWC 
(destinations not listed in Supplement No. 2 to Part 745 of the EAR), 
unless the exporter obtains from the consignee an End-Use Certificate 
(issued by the government of the importing country) prior to exporting 
the Schedule 3 chemicals and submits it to BIS in accordance with the 
procedures described in Sec. 745.2 of the EAR. Note, however, that 
obtaining an End-Use Certificate does not relieve the exporter from the 
responsibility of complying with other license requirements set forth 
elsewhere in the EAR.
    (2) Reexports. (i) Reexports from States Parties to the CWC. 
Neither a license nor an End-Use Certificate is required for CW reasons 
to reexport Schedule 3 chemicals and mixtures controlled under ECCN 
1C350.c, ECCN 1C355.b, or ECCN 1C395.b from States Parties to the CWC 
(destinations listed in Supplement No. 2 to part 745 of the EAR) to 
States not Party to the CWC. However, a license may be required for 
other reasons set forth elsewhere in the EAR. In addition, reexports of 
Schedule 3 chemicals may be subject to an End-Use Certificate 
requirement by governments of other countries when the chemicals are 
destined for States not Party to the CWC.
    (ii) Reexports from States not Party to the CWC. A license is 
required for CW reasons to reexport Schedule 3 chemicals and mixtures 
controlled under ECCN 1C350.c, ECCN 1C355.b, or ECCN 1C395.b from a 
State not Party to the CWC (a destination not listed in Supplement No. 
2 to part 745 of the EAR) to any other State not Party to the CWC.
    (C) Technology controlled under ECCN 1E355. A license is required 
for CW reasons to export or reexport technology controlled under ECCN 
1E355 to all States not Party to the CWC (destinations not listed in 
Supplement No. 2 to part 745 of the EAR), except for Israel and Taiwan.
    (b) Licensing policy. (1) Schedule 1 chemicals and mixtures. (i) 
Exports to States Parties to the CWC. Applications to export Schedule 1 
chemicals and mixtures controlled under ECCN 1C350.a or Schedule 1 
chemicals controlled under ECCN 1C351.d.5 or d.6 to States Parties to 
the CWC (destinations listed in Supplement No. 2 to part 745 of the 
EAR) generally will be denied, unless all of the following conditions 
are met:
    (A) The chemicals are destined only for purposes not prohibited 
under the CWC (i.e., research, medical, pharmaceutical, or protective 
purposes);
    (B) The types and quantities of chemicals are strictly limited to 
those that can be justified for those purposes;
    (C) The Schedule 1 chemicals were not previously imported into the 
United States (this does not apply to Schedule 1 chemicals imported 
into the United States prior to April 29, 1997, or imported into the 
United States directly from the same State Party to which they now are 
to be returned, i.e., exported); and
    (D) The aggregate amount of Schedule 1 chemicals in the country of 
destination at any given time is equal to or less than one metric ton 
and receipt of the proposed export will not cause the country of 
destination to acquire or to have acquired one metric ton or more of 
Schedule 1 chemicals in any calendar year.
    (ii) Exports to States not Party to the CWC. Applications to export 
Schedule 1 chemicals and mixtures controlled under ECCN 1C350.a or 
Schedule 1 chemicals controlled under ECCN 1C351.d.5 or d.6 to States 
not Party to the CWC (destinations not listed in Supplement No. 2 to 
part 745 of the EAR) generally will be denied, consistent with U.S. 
obligations under the CWC to prohibit exports of these chemicals to 
States not Party to the CWC.
    (iii) Reexports. Applications to reexport Schedule 1 chemicals and 
mixtures controlled under ECCN 1C350.a or Schedule 1 chemicals 
controlled under ECCN 1C351.d.5 or d.6 generally will be denied to all 
destinations (including both States Parties to the CWC and States not 
Party to the CWC).
    (2) Schedule 2 chemicals and mixtures. Applications to export or 
reexport Schedule 2 chemicals and mixtures controlled under ECCN 
1C350.b, ECCN 1C355.a, or ECCN 1C395 to States not Party to the CWC 
(destinations not listed in Supplement No. 2 to part 745 of the EAR) 
generally will be denied, consistent with U.S. obligations under the 
CWC to prohibit exports of these chemicals to States not Party to the 
CWC.
    (3) Schedule 3 chemicals and mixtures. (i) Exports. Applications to 
export Schedule 3 chemicals and mixtures controlled under ECCN 1C350.c, 
ECCN 1C355.b, or ECCN 1C395.b to States not Party to the CWC 
(destinations not listed in Supplement No. 2 to part 745 of the EAR) 
generally will be denied.
    (ii) Reexports from States not Party to the CWC. Applications to 
reexport Schedule 3 chemicals and mixtures controlled under ECCN 
1C350.c, ECCN 1C355.b, or ECCN 1C395.b from a State not Party to the 
CWC (a destination not listed in Supplement No. 2 to part 745 of the 
EAR) to any other State not Party to the CWC generally will be denied.
    (4) Technology controlled under ECCN 1E355. Exports and reexports 
of technology controlled under ECCN 1E355 will be reviewed on a case-
by-case basis.
    (c) Contract sanctity. Contract sanctity provisions are not 
available for license applications reviewed under this section.

PART 745--[AMENDED]

    12. Supplement No. 2 to Part 745 is amended by revising the 
undesignated center heading ``List of States Parties as of August 1, 
2001'' to read ``List of States Parties as of May 1, 2002'' and by 
adding, in alphabetical order, the countries Nauru and Uganda.

PART 774--[AMENDED]

    13. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & ``Toxins,'' is 
amended by revising ECCN 1C350 to read as follows:

    1C350  Chemicals that may be used as precursors for toxic 
chemical agents.

License Requirements

Reason for Control: CB, CW, AT

 
                Control(s)                          Country Chart
 
CB applies to entire entry................  CB Column 2
 

    CW applies to 1C350.a, .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 1 chemicals and mixtures identified in 
1C350.a to all destinations, including Canada. 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 
Sec. 742.18 of the EAR for license requirements and policies for 
toxic and precursor chemicals controlled for CW reasons. See 
Sec. 745.2 of the EAR for End-Use Certificate requirements that 
apply to exports of Schedule 3 chemicals to countries not

[[Page 37984]]

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 Cuba, Iran, Iraq, Libya, North 
Korea, Sudan, and Syria. (See Part 742 of the EAR for additional 
information on the AT controls that apply to Iran, North Korea, 
Sudan, and Syria. See Part 746 of the EAR for additional information 
on the comprehensive trade sanctions that apply to Cuba, Iran, Iraq, 
and Libya.)
    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. CWC Schedule 1 chemicals (all destinations). The CWC Schedule 
1 chemicals and mixtures identified in 1C350.a are not eligible for 
sample shipment to any destination without a license.
    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: The following countries are not 
eligible to receive sample shipments of any chemicals controlled by 
this ECCN without a license: Cuba, Iran, Iraq, Libya, North Korea, 
Sudan, Syria.
    c. Sample shipments that require an End-Use 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 Sec. 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. Quarterly report requirement. The exporter is required to 
submit a quarterly written report for shipments of samples made 
under this Note 1. The report must be on company letterhead 
stationery (titled ``Report of 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 exported. The report must be sent to the U.S. Department of 
Commerce, Bureau of Industry and Security, P.O. Box 273, Washington, 
DC 20044, 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.a through .d, are controlled by ECCN 1C395 or 1C995 and are 
subject to the license requirements specified in those ECCNs.
    b. A license is not required for mixtures controlled under this 
ECCN 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 classified as EAR99.
    c. A license is not required for mixtures containing less than 
0.5% aggregate quantities, by weight, of the CWC Schedule 1 
chemicals controlled by 1C350.a as unavoidable by-products or 
impurities. Such mixtures are classified as EAR99. All other 
mixtures containing these Schedule 1 chemicals are controlled by 
ECCN 1C350.a.

    Note to Mixtures: Calculation of concentrations of 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 components in a chemical mixture, include all 
components 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, except chemicals identified as 
Schedule 1 chemicals under the CWC, are excluded from the scope of 
this ECCN and are controlled under ECCN 1C395 or ECCN 1C995. (Note 
that replacement reagents for such kits are controlled by this ECCN 
1C350 if the reagents contain at least one 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 
components that do not react together under normal storage 
conditions.
    2. The scope of this control applicable to Hydrogen Fluoride 
(see 1C350.d.7 in the List of Items Controlled) includes its liquid, 
gaseous, and aqueous phases, and hydrates.

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Liters or kilograms, as appropriate.
    Related Controls: 1C350.a controls certain 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 Secs. 742.18 and 745.1 of the 
EAR for notification and annual report requirements. See 22 CFR part 
121, Category XIV and Sec. 121.7 for additional CWC Schedule 1 
chemicals controlled by the Department of State. Also see ECCNs 
1C355, 1C395, and 1C995.
    Related Definitions: See Sec. 770.2(k) of the EAR for synonyms 
for the chemicals listed in this entry.
    Items:
    a. Australia Group-controlled precursor chemicals also 
identified as Schedule 1 chemicals under the CWC, as follows, and 
mixtures containing any amount of the following chemicals, except 
mixtures that contain less than 0.5% aggregate quantities (by 
weight) of these chemicals as unavoidable by-products or impurities 
(i.e., the Schedule 1 chemicals are not intentionally produced or 
added):
    a.1. (C.A.S. #57856-11-8) 0-Ethyl-2-diisopropylaminoethyl methyl 
phosphonite (QL);
    a.2. (C.A.S. #753-98-0) Ethyl phosphonyl difluoride;
    a.3. (C.A.S. #676-99-3) Methyl phosphonyl difluoride.
    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. #15715-41-0) Diethyl methylphosphonite;
    b.5. (C.A.S. #2404-03-7) Diethyl-N,N-dimethylphosphoroamidate;
    b.6. (C.A.S. #5842-07-9) N,N-Diisopropyl-beta-aminoethane thiol;
    b.7. (C.A.S. #4261-68-1) N,N-Diisopropyl-beta-aminoethyl 
chloride hydrochloride;
    b.8. (C.A.S. #96-80-0) N,N-Diisopropyl-beta-aminoethanol;
    b.9. (C.A.S. #96-79-7), N,N-Diisopropyl-beta-aminoethyl 
chloride;
    b.10. (C.A.S. #6163-75-3) Dimethyl ethylphosphonate;
    b.11. (C.A.S. #756-79-6) Dimethyl methylphosphonate;
    b.12. (C.A.S. #1498-40-4) Ethyl phosphonous dichloride [Ethyl 
phosphinyl dichloride];
    b.13. (C.A.S. #430-78-4) Ethyl phosphonus difluoride [Ethyl 
phosphinyl difluoride];
    b.14. (C.A.S. #1066-50-8) Ethyl phosphonyl dichloride;
    b.15. (C.A.S. #676-83-5) Methyl phosphonous dichloride [Methyl 
phosphinyl dichloride];
    b.16. (C.A.S. #753-59-3) Methyl phosphonous difluoride [Methyl 
phosphinyl difluoride];
    b.17. (C.A.S. #676-97-1) Methyl phosphonyl dichloride;

[[Page 37985]]

    b.18. (C.A.S. #464-07-3) Pinacolyl alcohol;
    b.19. (C.A.S. #1619-34-7) 3-Quinuclidinol;
    b.20. (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. #10025-87-3) Phosphorus oxychloride;
    c.4. (C.A.S. #10026-13-8) Phosphorus pentachloride;
    c.5. (C.A.S. #7719-12-2) Phosphorus trichloride;
    c.6. (C.A.S. #10025-67-9) Sulfur monochloride;
    c.7. (C.A.S. #10545-99-0) Sulfur dichloride;
    c.8. (C.A.S. #7719-09-7) Thionyl chloride;
    c.9. (C.A.S. #102-71-6) Triethanolamine;
    c.10. (C.A.S. #122-52-1) Triethyl phosphite;
    c.11. (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. #100-37-8) N,N-Diethylaminoethanol;
    d.4. (C.A.S. #108-18-9) Di-isopropylamine;
    d.5. (C.A.S. #124-40-3) Dimethylamine;
    d.6. (C.A.S. #506-59-2) Dimethylamine hydrochloride;
    d.7. (C.A.S. #7664-39-3) Hydrogen fluoride;
    d.8. (C.A.S. #3554-74-3) 3-Hydroxyl-1-methylpiperidine;
    d.9. (C.A.S. #76-89-1) Methyl benzilate;
    d.10. (C.A.S. #1314-80-3) Phosphorus pentasulfide;
    d.11. (C.A.S. #75-97-8) Pinacolone;
    d.12. (C.A.S. #151-50-8) Potassium cyanide;
    d.13. (C.A.S. #7789-23-3) Potassium fluoride;
    d.14. (C.A.S. #7789-29-9) Potassium bifluoride;
    d.15. (C.A.S. #3731-38-2) 3-Quinuclidone;
    d.16. (C.A.S. #1333-83-1) Sodium bifluoride;
    d.17. (C.A.S. #143-33-9) Sodium cyanide;
    d.18. (C.A.S. #7681-49-4) Sodium fluoride;
    d.19. (C.A.S. #1313-82-2) Sodium sulfide;
    d.20. (C.A.S. #637-39-8) Triethanolamine hydrochloride.


    14. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & ``Toxins,'' is 
amended by revising ECCN 1C353 to read as follows:

    1C353  Genetic elements and genetically modified 
``microorganisms'', as follows (see List of Items Controlled).

License Requirements

    Reason for Control: CB, AT

 
                Control(s)                          Country Chart
 
CB applies to entire entry................  CB Column 1
AT applies to entire entry................  AT Column 1
 

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: Vaccines that contain genetic elements or 
genetically modified organisms identified in this entry are 
controlled by ECCN 1C991.
    Related Definitions: N/A
    Items:
    a. Genetic elements, as follows:
    a.1. Genetic elements that contain nucleic acid sequences 
associated with pathogenicity of organisms controlled by 1C351.a. to 
.c, 1C352, or 1C354;
    a.2. Genetic elements that contain nucleic acid sequences coding 
for any of the ``toxins'' controlled by 1C351.d or ``sub-units of 
toxins'' thereof.

    Technical Note: Genetic elements include, inter alia, 
chromosomes, genomes, plasmids, transposons, and vectors, whether 
genetically modified or unmodified.

    b. Genetically modified organisms, as follows:
    b.1. Genetically modified organisms that contain nucleic acid 
sequences associated with pathogenicity of organisms controlled by 
1C351.a. to .c, 1C352, or 1C354;
    b.2. Genetically modified organisms that contain nucleic acid 
sequences coding for any of the ``toxins'' controlled by 1C351.d or 
``sub-units of toxins'' thereof.


    15. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & ``Toxins,'' is 
amended by revising ECCN 1C355 to read as follows:

    1C355  Chemical Weapons Convention (CWC) Schedule 2 and 3 
chemicals and families of chemicals not controlled by ECCN 1C350 or 
by the Department of State under the ITAR.

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). 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 Sec. 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 1C355. A license is required, for AT reasons, to 
export or reexport items controlled by 1C355 to Cuba, Iran, Iraq, 
Libya, North Korea, Sudan, and Syria. (See Part 742 of the EAR for 
additional information on the AT controls that apply to Iran, North 
Korea, Sudan, and Syria. See Part 746 of the EAR for additional 
information on the comprehensive trade sanctions that apply to Cuba, 
Iran, Iraq, and Libya.)
    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 components in a chemical mixture, include all 
components 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 components that do not react together under normal storage 
conditions.

License Exceptions

    LVS: N/A.
    GBS: N/A.
    CIV: N/A.

List of Items Controlled

    Unit: Liters or kilograms, as appropriate.
    Related Controls: See also ECCNs 1C350, 1C351, 1C395, and 1C995. 
See Secs. 742.18 and 745.2 of the EAR for End-Use Certification 
requirements. See 22 CFR part 121, Category

[[Page 37986]]

XIV and Sec. 121.7 for chloropicrin (trichloronitromethane) (C.A.S. 
76-06-2) (Schedule 3). Mixtures containing chloropicrin 
(trichloronitromethane) that have been transferred to the Department 
of Commerce from the Department of State through a commodity 
jurisdiction determination are controlled under this entry.
    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. FAMILY: 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 with no additional carbon atoms in 
the structure;

    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 i-Pr) 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,N-Dimethylaminoethanol and 
corresponding protonated salts (C.A.S. 108-01-0) or N,N-
Diethylaminoethanol 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.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. Ethyldiethanolamine (C.A.S. 139-87-7);
    b.2.b. Methyldiethanolamine (C.A.S. 105-59-9).
    b.3. Mixtures containing chloropicrin 
(trichloronitromethane)(C.A.S. 76-06-2), transferred from the 
Department of State (see Related Controls).


    16. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & ``Toxins,'' is 
amended by adding a new ECCN 1C395 immediately following ECCN 1C355 to 
read as follows:

    1C395  Mixtures and Medical, Analytical, Diagnostic, and Food 
Testing Kits Not Controlled by ECCN 1C350, as follows (See List of 
Items Controlled).

License Requirements

Reason for Control: CB, CW, AT

 
                Control(s)                          Country Chart
 
 
 

    CB applies to entire entry. The Commerce Country Chart is not 
designed to determine licensing requirements for items controlled 
for CB reasons in 1C395. A license is required, for CB reasons, to 
export or reexport mixtures controlled by 1C395.a and test kits 
controlled by 1C395.b to States not Party to the CWC (destinations 
not listed in Supplement No. 2 to part 745 of the EAR).
    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 for CW reasons, as follows, to 
States not Party to the CWC (destinations not listed in Supplement 
No. 2 to Part 745 of the EAR): (1) Exports and reexports of mixtures 
controlled by 1C395.a, (2) exports and reexports of test kits 
controlled by 1C395.b that contain CWC Schedule 2 chemicals 
controlled by ECCN 1C350, (3) exports of test kits controlled by 
1C395.b that contain CWC Schedule 3 chemicals controlled by ECCN 
1C350, except that a license is not required, for CW reasons, to 
export test kits containing CWC Schedule 3 chemicals if an End-Use 
Certificate issued by the government of the importing country is 
obtained by the exporter prior to export, and (4) reexports from 
States not Party to the CWC of test kits controlled by 1C395.b that 
contain CWC Schedule 3 chemicals. (See Sec. 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 1C395. A license is required, for AT reasons, to 
export or reexport items controlled by 1C395 to Cuba, Iran, Iraq, 
Libya, North Korea, Sudan, and Syria. (See Part 742 of the EAR for 
additional information on the AT controls that apply to Iran, North 
Korea, Sudan, and Syria. See Part 746 of the EAR for additional 
information on the comprehensive trade sanctions that apply to Cuba, 
Iran, Iraq, and Libya.)
    License Requirement Notes:
    1. 1C395.b does not control mixtures that contain precursor 
chemicals identified in ECCN 1C350.b or .c in concentrations below 
the control levels for mixtures indicated in 1C350.b or .c. 1C395.a 
and 1C995.a.1 and a.2.a control such mixtures, unless they are 
consumer goods as described in License Requirements Note 2 of this 
ECCN.
    2. This ECCN does not control mixtures when the controlled 
chemicals are normal ingredients in consumer goods packaged for 
retail sale for personal use. Such consumer goods are classified as 
EAR99.

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: 1. ECCN 1C350 controls mixtures containing 30 
percent or higher concentrations, by weight, of any single CWC 
Schedule 2 chemical identified in ECCN 1C350.b; ECCN 1C995 controls 
such mixtures containing concentrations of 10 percent or less. 2. 
ECCN 1C995 controls ``medical, analytical, diagnostic, and food 
testing kits'' (as defined in the Related Definitions paragraph of 
this ECCN) that contain precursor chemicals listed in 1C350.d. ECCN 
1C350 controls any such kits that contain CWC Schedule 1 chemicals 
listed in 1C350.a or testing kits in which the amount of any single 
chemical listed in 1C350.b, .c, or .d exceeds 300 grams by weight.
    Related Definitions: For the purpose of this entry, ``medical, 
analytical, diagnostic, and food testing kits'' are pre-packaged 
materials of defined composition that are specifically developed, 
packaged and marketed for medical, analytical, diagnostic, or public 
health purposes. Replacement reagents for medical, analytical, 
diagnostic, and food testing kits described in 1C395.b are 
controlled by ECCN 1C350 if the reagents contain at least one of the 
precursor chemicals identified in that ECCN in concentrations equal 
to or greater than the control levels for mixtures indicated in 
1C350.b. or .c.
    Items:
    a. Mixtures containing more than 10 percent, but less than 30 
percent, by weight of any single CWC Schedule 2 chemical identified 
in ECCN 1C350.b (For controls on other mixtures containing these 
chemicals, see Note 1 in the Related Controls paragraph of this 
ECCN.).
    b. ``Medical, analytical, diagnostic, and food testing kits'' 
(as defined in the Related Definitions for this ECCN) that contain 
CWC Schedule 2 or 3 chemicals controlled by ECCN 1C350.b or .c in an 
amount not exceeding 300 grams per chemical. (For controls on other 
such test kits containing these and other controlled chemicals, see 
Note 2 in the Related Controls paragraph of this ECCN.)


    17. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & ``Toxins,'' is 
amended by revising ECCN 1C995 to read as follows:

    1C995  Mixtures not controlled by ECCN 1C350, ECCN 1C355 or ECCN 
1C395 that contain chemicals controlled by ECCN 1C350 or ECCN 1C355 
and medical, analytical, diagnostic, and food testing kits not 
controlled by ECCN 1C350 or ECCN 1C395 that contain chemicals 
controlled by ECCN

[[Page 37987]]

1C350.d, as follows (see List of Items controlled).

License Requirements

Reason for Control: AT

 
                Control(s)                          Country Chart
 
 
 

    AT applies to entire entry. The Commerce Country Chart is not 
designed to determine licensing requirements for items controlled 
for AT reasons in 1C995. A license is required, for AT reasons, to 
export or reexport items controlled by 1C995 to Cuba, Iran, Iraq, 
Libya, North Korea, Sudan, and Syria. (See Part 742 of the EAR for 
additional information on the AT controls that apply to Iran, North 
Korea, Sudan, and Syria. See Part 746 of the EAR for additional 
information on the comprehensive trade sanctions that apply to Cuba, 
Iran, Iraq, and Libya.)
    License Requirement Notes:
    1. This ECCN does not control mixtures containing less than 0.5% 
of any single toxic or precursor chemical controlled by ECCN 
1C350.b, .c, or .d or ECCN 1C355 as unavoidable by-products or 
impurities. Such mixtures are classified as EAR99.
    2 1C995.c does not control mixtures that contain precursor 
chemicals identified in 1C350.d in concentrations below the control 
levels for mixtures indicated in 1C350.d. 1C995.a.2.b controls such 
mixtures, unless they are consumer goods as described in License 
Requirements Note 3 of this ECCN.
    3. This ECCN does not control mixtures when the controlled 
chemicals are normal ingredients in consumer goods packaged for 
retail sale for personal use. Such consumer goods are classified as 
EAR99.

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: 1. ECCN 1C350 controls mixtures containing 30 
percent or higher concentrations of any single CWC Schedule 2 
chemical identified in ECCN 1C350.b. ECCN 1C395 controls mixtures 
containing concentrations of more than 10 percent, but less than 30 
percent, of any single CWC Schedule 2 chemical identified in ECCN 
1C350.b. 2. ECCN 1C350 controls mixtures containing chemicals 
identified in ECCN 1C350.c or .d that exceed the concentration 
levels indicated in 1C995.a.2. 3. ECCN 1C355 controls mixtures 
containing chemicals identified in ECCN 1C355 that exceed the 
concentration levels indicated in 1C995.b. 4. ECCN 1C395 controls 
``medical, analytical, diagnostic, and food testing kits'' (as 
defined in the Related Definitions paragraph of this ECCN) that 
contain CWC Schedule 2 or 3 chemicals listed in 1C350.b or .c. ECCN 
1C350 controls any such kits that contain CWC Schedule 1 chemicals 
listed in 1C350.a or testing kits in which the amount of any single 
chemical listed in 1C350.b, .c, or .d exceeds 300 grams by weight.
    Related Definitions: For the purpose of this entry, ``medical, 
analytical, diagnostic, and food testing kits'' are pre-packaged 
materials of defined composition that are specifically developed, 
packaged and marketed for medical, analytical, diagnostic, or public 
health purposes. Replacement reagents for medical, analytical, 
diagnostic, and food testing kits described in 1C995.c are 
controlled by ECCN 1C350 if the reagents contain at least one of the 
precursor chemicals identified in that ECCN in concentrations equal 
to or greater than the control levels for mixtures indicated in 
1C350.d.
    Items:
    a. Mixtures containing the following concentrations of precursor 
chemicals controlled by ECCN 1C350 (For controls on other mixtures 
containing these chemicals, see Notes 1 and 2 in the Related 
Controls paragraph of this ECCN.):
    a.1. Mixtures containing 10 percent or less, by weight, of any 
single CWC Schedule 2 chemical controlled by ECCN 1C350.b;
    a.2. Mixtures containing less than 30 percent, by weight, of:
    a.2.a. Any single CWC Schedule 3 chemical controlled by ECCN 
1C350.c; or
    a.2.b. Any single precursor chemical controlled by ECCN 1C350.d.
    b. Mixtures containing the following concentrations of toxic or 
precursor chemicals controlled by ECCN 1C355 (For controls on other 
mixtures containing these chemicals, see Note 3 in the Related 
Controls paragraph of this ECCN.):
    b.1. Mixtures containing the following concentrations of CWC 
Schedule 2 chemicals controlled by ECCN 1C355.a:
    b.1.a. Mixtures containing 1 percent or less, by weight, of any 
single CWC Schedule 2 chemical controlled by ECCN 1C355.a.1 (i.e., 
mixtures containing PFIB); or
    b.1.b. Mixtures containing 10 percent or less, by weight, of any 
single CWC Schedule 2 chemical controlled by 1C355.a.2;
    b.2. Mixtures containing less than 30 percent, by weight, of any 
single CWC Schedule 3 chemical controlled by ECCN 1C355.b.
    c. ``Medical, analytical, diagnostic, and food testing kits'' 
(as defined in the Related Definitions for this ECCN) that contain 
precursor chemicals controlled by ECCN 1C350.d in an amount not 
exceeding 300 grams per chemical. (For controls on other such test 
kits containing these and other controlled chemicals, see Note 4 in 
the Related Controls paragraph of this ECCN.)


    18. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2--Materials Processing, is amended by revising the List of 
Items Controlled section in ECCN 2B350 to read as follows:

    2B350  Chemical manufacturing facilities and equipment, as 
follows (see List of Items Controlled).

List of Items Controlled

    Unit: Equipment in number
    Related Controls: The controls in this entry do not apply to 
equipment that is: a.) specially designed for use in civil 
applications (e.g., food processing, pulp and paper processing, or 
water purification); AND b.) inappropriate, by the nature of its 
design, for use in storing, processing, producing or conducting and 
controlling the flow of chemical weapons precursors controlled by 
1C350.
    Related Definitions: For purposes of this entry the term 
``chemical warfare agents'' are those agents subject to the export 
licensing authority of the U.S. Department of State, Office of 
Defense Trade Controls. (See 22 CFR part 121)
    Items:
    a. Reaction vessels or reactors, with or without agitators, with 
total internal (geometric) volume greater than 0.1 m3 
(100 liters) and less than 20 m3 (20,000 liters), where 
all surfaces that come in direct contact with the chemical(s) being 
processed or contained are made from any of the following materials:
    a.1. Alloys with more than 25% nickel and 20% chromium by 
weight;
    a.2. Fluoropolymers;
    a.3. Glass (including vitrified or enamelled coating or glass 
lining);
    a.4. Nickel or alloys with more than 40% nickel by weight;
    a.5. Tantalum or tantalum alloys;
    a.6. Titanium or titanium alloys; or
    a.7. Zirconium or zirconium alloys.
    b. Agitators for use in reaction vessels or reactors, and 
impellers, blades or shafts designed for such agitators, where all 
surfaces that come in direct contact with the chemical(s) being 
processed or contained are made from any of the following materials:
    b.1. Alloys with more than 25% nickel and 20% chromium by 
weight;
    b.2. Fluoropolymers;
    b.3. Glass (including vitrified or enamelled coatings or glass 
lining);
    b.4. Nickel or alloys with more than 40% nickel by weight;
    b.5. Tantalum or tantalum alloys;
    b.6. Titanium or titanium alloys; or
    b.7. Zirconium or zirconium alloys.
    c. Storage tanks, containers or receivers with a total internal 
(geometric) volume greater than 0.1 m3 (100 liters) where 
all surfaces that come in direct contact with the chemical(s) being 
processed or contained are made from any of the following materials:
    c.1. Alloys with more than 25% nickel and 20% chromium by 
weight;
    c.2. Fluoropolymers;
    c.3. Glass (including vitrified or enamelled coatings or glass 
lining);
    c.4. Nickel or alloys with more than 40% nickel by weight;
    c.5. Tantalum or tantalum alloys;
    c.6. Titanium or titanium alloys; or
    c.7. Zirconium or zirconium alloys.
    d. Heat exchangers or condensers with a heat transfer surface 
area of less than 20 m2, but greater than 0.15 
m2, and tubes, plates, coils or blocks (cores) designed 
for such heat exchangers or condensers, where all surfaces that come 
in direct contact with the chemical(s) being processed are made from 
any of the following materials:
    d.1. Alloys with more than 25% nickel and 20% chromium by 
weight;
    d.2. Fluoropolymers;
    d.3. Glass (including vitrified or enamelled coatings or glass 
lining);
    d.4. Graphite or carbon-graphite;
    d.5. Nickel or alloys with more than 40% nickel by weight;

[[Page 37988]]

    d.6. Silicon carbide;
    d.7. Tantalum or tantalum alloys;
    d.8. Titanium or titanium alloys;
    d.9. Titanium carbide; or
    d.10. Zirconium or zirconium alloys.
    e. Distillation or absorption columns of internal diameter 
greater than 0.1 m, and liquid distributors, vapor distributors or 
liquid collectors designed for such distillation or absorption 
columns, where all surfaces that come in direct contact with the 
chemical(s) being processed are made from any of the following 
materials:
    e.1. Alloys with more than 25% nickel and 20% chromium by 
weight;
    e.2. Fluoropolymers;
    e.3. Glass (including vitrified or enamelled coatings or glass 
lining);
    e.4. Graphite or carbon-graphite;
    e.5. Nickel or alloys with more than 40% nickel by weight;
    e.6. Tantalum or tantalum alloys;
    e.7. Titanium or titanium alloys; or
    e.8. Zirconium or zirconium alloys.
    f. Remotely operated filling equipment in which all surfaces 
that come in direct contact with the chemical(s) being processed are 
made from any of the following materials:
    f.1. Alloys with more than 25% nickel and 20% chromium by 
weight; or
    f.2. Nickel or alloys with more than 40% nickel by weight.
    g. Valves with nominal sizes greater than 1.0 cm (3/8 in.), in 
which all surfaces that come in direct contact with the chemical(s) 
being processed or contained are made from any of the following 
materials:
    g.1. Nickel or alloys with more than 40% nickel by weight;
    g.2. Alloys with more than 25% nickel and 20% chromium by 
weight;
    g.3. Fluoropolymers;
    g.4. Glass or glass lined (including vitrified or enameled 
coatings);
    g.5. Tantalum or tantalum alloys;
    g.6. Titanium or titanium alloys; or
    g.7. Zirconium or zirconium alloys.
    h. Multi-walled piping incorporating a leak detection port, in 
which all surfaces that come in direct contact with the chemical(s) 
being processed or contained are made from any of the following 
materials:
    h.1. Alloys with more than 25% nickel and 20% chromium by 
weight;
    h.2. Fluoropolymers;
    h.3. Glass (including vitrified or enamelled coatings or glass 
lining);
    h.4. Graphite or carbon-graphite;
    h.5. Nickel or alloys with more than 40% nickel by weight;
    h.6. Tantalum or tantalum alloys;
    h.7. Titanium or titanium alloys; or
     h.8. Zirconium or zirconium alloys.
    i. Multiple-seal, canned drive, magnetic drive, bellows or 
diaphragm pumps, with manufacturer's specified maximum flow-rate 
greater than 0.6 m3/hour, or vacuum pumps with 
manufacturer's specified maximum flow-rate greater than 5 
m3/hour (under standard temperature (273 K (0 deg. C)) 
and pressure (101.3 kPa) conditions), and casing (pump bodies), 
preformed casing liners, impellers, rotors or jet pump nozzles 
designed for such pumps, in which all surfaces that come into direct 
contact with the chemical(s) being processed are made from any of 
the of the following materials:
    i.1. Alloys with more than 25% nickel and 20% chromium by 
weight;
    i.2. Ceramics;
    i.3. Ferrosilicon;
    i.4. Fluoropolymers;
    i.5. Glass (including vitrified or enamelled coatings or glass 
lining);
    i.6. Graphite or carbon-graphite;
    i.7. Nickel or alloys with more than 40% nickel by weight;
    i.8. Tantalum or tantalum alloys;
    i.9. Titanium or titanium alloys, or
    i.10. Zirconium or zirconium alloys.
    j. Incinerators designed to destroy chemical warfare agents, 
chemical weapons precursors controlled by 1C350, or chemical 
munitions having specially designed waste supply systems, special 
handling facilities and an average combustion chamber temperature 
greater than 1000 deg.C in which all surfaces in the waste supply 
system that come into direct contact with the waste products are 
made from or lined with any of the following materials:
    j.1. Alloys with more than 25% nickel and 20% chromium by 
weight;
    j.2. Ceramics; or
    j.3. Nickel or alloys with more than 40% nickel by weight.

    Technical Note: Carbon-graphite is a composition consisting 
primarily of graphite and amorphous carbon, in which the graphite is 
8 percent or more by weight of the composition.



    19. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2--Materials Processing, is amended by revising the List of 
Items Controlled section in ECCN 2B352 to read as follows:

    2B352  Equipment capable of use in handling biological 
materials, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

    Unit: Equipment in number.
    Related Controls: N/A.
    Related Definitions: For purposes of this entry, isolators 
include flexible isolators, dry boxes, anaerobic chambers and glove 
boxes.
    Items:
    a. Complete containment facilities at P3 or P4 containment 
level.

    Technical Note: P3 or P4 (BL3, BL4, L3, L4) containment levels 
are as specified in the WHO Laboratory Biosafety Manual (Geneva, 
1983).

    b. Fermenters capable of cultivation of pathogenic 
microorganisms, viruses, or for toxin production, without the 
propagation of aerosols, having a capacity equal to or greater than 
100 liters.

    Technical Note:  Fermenters include bioreactors, chemostats, and 
continuous-flow systems.

    c. Centrifugal separators capable of the continuous separation 
of pathogenic microorganisms, without the propagation of aerosols, 
and having all of the following characteristics:
    c.1. One or more sealing joints within the steam containment 
area;
    c.2. A flow rate greater than 100 liters per hour;
    c.3. Components of polished stainless steel or titanium; and
    c.4. Capable of in situ steam sterilization in a closed state.

    Technical Note: Centrifugal separators include decanters.

    d. Cross (tangential) flow filtration equipment capable of 
continuous separation of pathogenic microorganisms, viruses, toxins, 
and cell cultures without the propagation of aerosols, having all of 
the following characteristics:
    d.1. Equal to or greater than 5 square meters;
    d.2. Capable of in situ sterilization.
    e. Steam sterilizable freeze-drying equipment with a condenser 
capacity of 10 kgs of ice or greater in 24 hours, but less than 
1,000 kgs of ice in 24 hours.
    f. Protective and containment equipment, as follows:
    f.1. Protective full or half suits, or hoods dependant upon a 
tethered external air supply and operating under positive pressure;

    Technical Note:  This entry does not control suits designed to 
be worn with self-contained breathing apparatus.

    f.2. Class III biological safety cabinets or isolators with 
similar performance standards, e.g., flexible isolators, dry boxes, 
anaerobic chambers, glove boxes or laminar flow hoods (closed with 
vertical flow).
    g. Chambers designed for aerosol challenge testing with 
microorganisms, viruses, or toxins and having a capacity of 1 m\3\ 
or greater.

    Dated: May 23, 2002.
James J. Jochum,
Assistant Secretary for Export Administration.
[FR Doc. 02-13581 Filed 5-30-02; 8:45 am]
BILLING CODE 3510-33-P