export-controls 25 June 2020

BIS implements Australia Group changes

The US Department of Commerce’s Bureau of Industry and Security (‘BIS’) has published a final rule amending the Export Administration Regulations (‘EAR’) to implement the decisions made at the February 2020 Australia Group Intersessional Implementation Meeting, and those subsequently adopted pursuant to the group’s procedures.

It published the following amendments:

  • ECCN 1C350 is amended by adding 24 precursor chemicals, as well as mixtures in which at least one of these chemicals constitutes 30 percent or more of the weight of the mixture, to ECCN 1C350.d.
  • ECCN 1C351 is amended to add Middle East respiratory syndrome-related coronavirus (MERS related coronavirus).
  • ECCN 2B352 is amended by adding a Technical Note to indicate that cultivation chamber holding devices controlled in 2B352.b.2.b include single-use cultivation chambers with rigid walls.

The final rule was published in the Federal Register and became effective 17 June 2020.

The Australia Group is a multilateral forum consisting of 42 participating countries and the European Union that maintain 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 Commerce Department said that the items addressed by this final rule were not previously listed on the CCL (Commerce Control List) or controlled multilaterally.