94-25781. Revisions to the Export Administration Regulations: Exports of Sample Shipments and Mixtures Containing Precursor and Intermediate Chemicals; Revision to Australia Group Members  

  • [Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
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    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-25781]
    
    
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    [Federal Register: October 19, 1994]
    
    
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    DEPARTMENT OF COMMERCE
    
    Bureau of Export Administration
    
    15 CFR Parts 773, 778, and 799
    
    [Docket No. 941081-4281]
    RIN 0694-AB05
    
     
    
    Revisions to the Export Administration Regulations: Exports of 
    Sample Shipments and Mixtures Containing Precursor and Intermediate 
    Chemicals; Revision to Australia Group Members
    
    AGENCY: Bureau of Export Administration, Commerce.
    
    ACTION: Interim rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Bureau of Export Administration (BXA) maintains the 
    Commerce Control List (CCL), which appears in the Export Administration 
    Regulations (EAR). This rule amends the CCL by revising Export Control 
    Classification Number (ECCN) 1C60. This ECCN controls dual-use 
    precursors and intermediate chemicals useful in the production of 
    chemical warfare agents. In addition this rule makes an editorial 
    correction by removing ECCN 1C64E for Di-isopropylcarbodiimide (C.A.S. 
    #693-13-0) and di-cyclohexocarbodiimide (C.A.S. #538-75-0), which was 
    inadvertently readmitted to the Commerce Control List. The changes made 
    by this rule are based on recent discussions in the Australia Group 
    (AG).
        Finally, this rule revises the list of countries eligible to 
    receive Australia Group (AG) benefits under U.S. regulations to include 
    the Czech Republic and remove Turkey.
    
    DATES: This rule is effective October 19, 1994. The reporting 
    requirement for sample shipments will not be applicable until January 
    17, 1995. Comments must be received by November 18, 1994.
    
    ADDRESSES: Written comments (six copies) should be sent to Sharron 
    Cook, Bureau of Export Administration, Department of Commerce, P.O. Box 
    273, Washington, DC 20044.
    FOR FURTHER INFORMATION CONTACT: For questions on foreign policy 
    controls, call Patricia Sefcik, Bureau of Export Administration, 
    Telephone: (202) 482-0707.
        For questions of a technical nature on chemical weapon precursors, 
    biological agents, and equipment that can be used to produce chemical 
    and biological weapons agents, call James Seevaratnam, Bureau of Export 
    Administration, Telephone: (202) 482-2729.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        At the December 1993 meeting of the Australia Group, the delegates 
    discussed certain technical revisions in the Australia Group's 
    harmonized controls on chemical weapons precursors. The changes 
    discussed at the meeting were further modified at the May 1994 meeting, 
    and are contained in this interim rule. These changes refine the scope 
    of controls on exports of sample shipments and mixtures containing 
    controlled precursor and intermediate chemicals. This rule does not 
    address controls on biological agents.
        This interim rule revises ECCN 1C60, which controls precursor and 
    intermediate chemicals useful in the production of chemical warfare 
    agents, as follows:
    
    ECCN 1C60
    
        (1) Note 1 to 1C60 is revised to modify the general license 
    treatment for sample shipments containing controlled chemical 
    precursors to eligible destinations (all destinations except Iran, 
    Syria, Country Groups S and Z, and countries subject to an embargo 
    administered by the Department of the Treasury). Previously, all 54 
    precursor chemicals were eligible for sample shipments. Under the 
    revised rule         0-Ethyl-2-diisopropylaminoethyl methylphosphonite 
    (QL) (C.A.S. #57856-11-8), Ethylphosphonyl difluoride (C.A.S. #753-98-
    0), and Methylphosphonyl difluoride (C.A.S. #676-99-3) are not eligible 
    for sample shipments. General license treatment for sample shipments to 
    eligible destinations has been available for a single sample shipment 
    of a 55-gallon container or less of each chemical to any one consignee 
    per calendar year. Exporters may continue to export a single sample 
    shipment of a 55-gallon container (or approximately 200 kg) or less of 
    each chemical except the three excluded chemicals, for research or 
    evaluation purposes to any one consignee per calendar year. The 
    exporter is now required to submit, to BXA within 30 days of each 
    sample shipment, a written report on company letterhead stationery that 
    details 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. Information contained in the reports is subject 
    to applicable confidentiality provisions.
        (2) Note 2 to 1C60 is revised to modify control of exports and 
    reexports of mixtures that contain controlled chemical precursors. 
    Previously, controls on controlled chemicals extended to any mixtures 
    containing those chemicals, unless the chemical was merely an impurity 
    that was not intentionally added or was a normal ingredient in consumer 
    goods intended for retail sales. This revision adds a three tier 
    approach to a Note regarding mixtures under ECCN 1C60. The first tier 
    lists three chemicals that require a validated license ``regardless of 
    the concentrations in the mixture''. The second tier lists twenty 
    chemicals that require a validated license when at least one of the 
    precursors constitutes more than 10 percent of the weight of the 
    mixture on a solvent free basis. The third tier includes the remaining 
    precursor chemicals, not already covered by the first two tiers, and 
    explains that a validated license is required if at least one of the 
    precursors constitutes more than 25 percent of the weight of the 
    mixture on a solvent free basis. The retail product exemption is 
    continued, regardless of percentage of the controlled chemical, 
    provided the product is formulated as a consumer good packaged for 
    retail sale for personal use. The exemption for unintended impurities 
    is removed since such impurities generally fall within one of the 
    applicable de minimis levels. This rule also provides a definition of 
    ``mixtures''.
        In light of the changes made by this rule, it is the Department's 
    position that the provisions of Sec. 776.12 of the EAR do not apply to 
    mixtures containing controlled chemical precursors, because mixing of 
    chemicals does not constitute incorporation within the meaning of 
    Sec. 776.12.
        Turkey has been removed from the list of countries excepted from 
    the requirement for a validated license under Export Control 
    Classification Number (ECCN) 1C60C. Because the Government of Turkey 
    has not adopted AG-comparable export controls, a validated license is 
    required for all AG-list chemical precursors identified under ECCN 
    1C60C until such time as appropriate export controls are in place.
        Finally, this rule adds the Czech Republic to the list of countries 
    exempted from certain validated license requirements on the basis of 
    its recent membership in the 26-nation Australia Group.
        In addition, this rule revises Sec. 778.8(a)(1)(i) for conformity 
    and consistency.
    
    Saving Clause
    
        Shipments of items removed from general license authorizations as a 
    result of this regulatory action that were on dock for loading, on 
    lighter, laden aboard an exporting carrier, or en route aboard a 
    carrier to a port of export pursuant to actual orders for export before 
    October 19, 1994 may be exported under the previous general license 
    provisions up to and including November 16, 1994. Any such items not 
    actually exported before midnight November 16, 1994, require a 
    validated export license in accordance with this regulation.
    
    Rulemaking Requirements
    
        1. This interim rule has been determined to be not significant for 
    the purposes of Executive Order 12866.
        2. This rule involves collections of information subject to the 
    Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These 
    collections have been approved by the Office of Management and Budget 
    under control numbers 0694-0005, 0694-0010, 0694-0023 and 0694-0067. 
    This rule imposes a new requirement that has been submitted to the 
    Office of Management and Budget for review under the Paperwork 
    Reduction Act. Public burden for the collection contained within the 
    rulemaking is estimated to average one-half hour per response. This 
    includes the time for reviewing instructions, searching existing data 
    sources, gathering and maintaining the data needed, and completing and 
    reviewing the collection of information. Send comments regarding these 
    burden estimates or any other aspect of the data requirements, 
    including suggestions for reducing this burden, to the Office of 
    Security and Management Support, Room 4513, Bureau of Export 
    Administration, U.S. Department of Commerce, Washington, DC 20230; and 
    to the Office of Information and Regulatory Affairs, Office of 
    Management and Budget, Washington, DC 20503 (Attn: Paperwork Reduction 
    Project--0694-XXXX).
        3. This rule does not contain policies with Federalism implications 
    sufficient to warrant preparation of a Federalism assessment under 
    Executive Order 12612.
        4. Because a notice of proposed rulemaking and an opportunity for 
    public comment are not required to be given for this rule by section 
    553 of the Administrative Procedure Act (5 U.S.C. 553) or by any other 
    law, under sections 3(a) of the Regulatory Flexibility Act (5 U.S.C. 
    603(a) and 604(a)) no initial or final Regulatory Flexibility Analysis 
    has to be or will be prepared.
        5. 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 or foreign affairs function 
    of the United States. No other law requires that a notice of proposed 
    rulemaking and an opportunity for public comment be given for this 
    rule.
        However, because of the importance of the issues raised by these 
    regulations, this rule is issued in interim form and comments will be 
    considered in the development of final regulations. Accordingly, the 
    Department encourages interested persons who wish to comment to do so 
    at the earliest possible time to permit the fullest consideration of 
    their views.
        The period for submission of comments will close November 18, 1994. 
    The Department will consider all comments received before the close of 
    the comment period in developing final regulations. Comments received 
    after the end of the comment period will be considered if possible, but 
    their consideration cannot be assured. The Department will not accept 
    public comments accompanied by a request that a part or all of the 
    material be treated confidentially because of its business proprietary 
    nature or for any other reason. The Department will return such 
    comments and materials to the person submitting the comments and will 
    not consider them in the development of final regulations. All public 
    comments on these regulations will be a matter of public record and 
    will be available for public inspection and copying. In the interest of 
    accuracy and completeness, the Department requires comments in written 
    form.
        Oral comments must be followed by written memoranda, which will 
    also be a matter of public record and will be available for public 
    review and copying. Communications from agencies of the United States 
    Government or foreign governments will not be made available for public 
    inspection.
        The public record concerning these regulations will be maintained 
    in the Bureau of Export Administration Freedom of Information Records 
    Inspection Facility, Room 4525, Department of Commerce, 14th Street and 
    Pennsylvania Avenue, NW., Washington, DC 20230. Records in this 
    facility, including written public comments and memoranda summarizing 
    the substance of oral communications, may be inspected and copied in 
    accordance with regulations published in Part 4 of Title 15 of the Code 
    of Federal Regulations. Information about the inspection and copying of 
    records at the facility may be obtained from Edward Lingelbach, Bureau 
    of Export Administration Freedom of Information Officer, at the above 
    address or by calling (202) 482-5653.
    
    List of Subjects
    
    15 CFR Part 773 and 799
    
        Exports, Reporting and recordkeeping requirements.
    
    15 CFR Part 778
    
        Exports, Nuclear energy, Reporting and recordkeeping requirements.
    
        Accordingly, Parts 773, 778 and 799 of the Export Administration 
    Regulations (15 CFR Parts 730-799) are amended as follows:
        1. The authority citations for 15 CFR Part 773 and 778 continue to 
    read as follows:
    
        Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et 
    seq.), as amended; Pub. L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et 
    seq.); Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 
    U.S.C. 2139a); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et 
    seq.), as amended (extended by Pub. L. 103-10, 107 Stat. 40 and Pub. 
    L. 103-277, 108 Stat. 1407); E.O. 12002 of July 7, 1977 (42 FR 
    35623, July 7, 1977), as amended; E.O. 12058 of May 11, 1978 (43 FR 
    20947, May 16, 1978); E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 
    1980); E.O. 12735 of November 16, 1990 (55 FR 48587, November 20, 
    1990), as continued by Notice of November 12, 1993 (58 FR 60361, 
    November 15, 1993); E.O. 12851 of June 11, 1993 (58 FR 33181, June 
    15, 1993); E.O. 12867 of September 30, 1993 (58 FR 51747, October 4, 
    1993); E.O. 12930 of September 29, 1994 (59 FR 50475, October 3, 
    1994); E.O. 12924 of August 19, 1994 (59 FR 43437 of August 23, 
    1994).
    
        2. The authority citation for 15 CFR Part 799 continues to read as 
    follows:
    
        Authority: 50 U.S.C. App. 5, as amended; Pub. L. 264, 59 Stat. 
    619 (22 U.S.C. 287c), as amended; Pub. L. 90-351, 82 Stat. 197 (18 
    U.S.C. 2510 et seq.), as amended; sec. 101, Pub. L. 93-153, 87 Stat. 
    576 (30 U.S.C. 185), as amended; sec. 103, Pub. L. 94-163, 89 Stat. 
    877 (42 U.S.C. 6212), as amended; secs. 201 and 201(11)(e), Pub. L. 
    94-258, 90 Stat. 309 (10 U.S.C. 7420 and 7430(e)), as amended; Pub. 
    L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242, 
    92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); sec. 208, 
    Pub. L. 95-372, 92 Stat. 668 (43 U.S.C. 1354); Pub. L. 96-72, 93 
    Stat. 503 (50 U.S.C. App. 2401 et seq.), as amended; sec. 125, Pub. 
    L. 99-64, 99 Stat. 156 (46 U.S.C. 466c); Pub. L. 102-484, 106 Stat. 
    2575 (22 U.S.C. 6004); E.O. 11912 of April 13, 1976 (41 FR 15825, 
    April 15, 1976); E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 
    1977), as amended; E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 
    1978); E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 1980); E.O. 
    12735 of November 16, 1990 (55 FR 48587, November 20, 1990), as 
    continued by Notice of November 12, 1993 (58 FR 60361, November 15, 
    1993); E.O. 12851 of June 11, 1993 (58 FR 33181, June 15, 1993); 
    E.O. 12867 of September 30, 1993 (58 FR 51747, October 4, 1993); 
    E.O. 12930 of September 29, 1994 (59 FR 50475, October 3, 1994); E.O 
    12918 of May 26, 1994 (59 FR 28205, May 31, 1994); and E.O. 12924 of 
    August 19, 1994 (59 FR 43437 of August 23, 1994).
    
    PART 773--[AMENDED]
    
        3. Section 773.9 is amended by revising paragraph (a)(1) and the 
    notice at the end of paragraph (l) to read as follows:
    
    
    Sec. 773.9  Special Chemical License.
    
    * * * * *
        (a) * * *
        (1) Precursor and intermediate chemicals controlled under ECCNs 
    1C60C; and
    * * * * *
        (l) * * *
    
        These commodities were authorized for export from the United 
    States under a Special Chemical License procedure on the condition 
    that they may not be reexported without prior approval from the 
    United States authorities. This prior approval is not required for 
    reexports to Argentina, Australia, Austria, Belgium, Canada, Czech 
    Republic, Denmark, Finland, France, Germany, Greece, Hungary, 
    Iceland, Ireland, Italy, Japan, Luxembourg, the Netherlands, New 
    Zealand, Norway, Portugal, Spain, Sweden, Switzerland, and the 
    United Kingdom.
    * * * * *
    
    PART 778--[AMENDED]
    
        4. Section 778.8 is amended:
        a. By revising paragraph (a)(1);
        b. By revising paragraph (a)(5)(i);
        c. By revising paragraph (a)(5)(iv)(B);
        d. By revising paragraph (a)(5)(v), to read as follows:
    
    
    Sec. 778.8  Chemical precursors and biological agents, and associated 
    equipment, software, and technology.
    
        (a) * * *
        (1) Chemicals identified in ECCN 1C60 require a validated license 
    for export from the United States to all destinations except Argentina, 
    Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, 
    France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, 
    Luxembourg, the Netherlands, New Zealand, Norway, Portugal, Spain, 
    Sweden, Switzerland, and the United Kingdom.
        (i) A validated license is required for chemical mixtures 
    containing any chemicals identified in ECCN 1C60, except as specified 
    in Note 2 to the ECCN.
        (ii) A validated license is not required, except for Country Groups 
    S and Z, for chemical compounds created with any chemicals identified 
    in 1C60, unless those compounds are also identified in 1C60, or 
    identified elsewhere in the EAR as controlled. See Note 3 to ECCN 1C60.
    * * * * *
        (5) * * *
        (i) General License GTDU, as authorized in ECCN 1E60C, is not 
    available for technical data for the production of chemical precursors 
    described in paragraph (a)(1) of this section, except to Argentina, 
    Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, 
    France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, 
    Luxembourg, the Netherlands, New Zealand, Norway, Portugal, Spain, 
    Sweden, Switzerland, and the United Kingdom;
    * * * * *
        (iv) * * *
        (B) This prohibition on use of General License GTDU, as authorized 
    in ECCN 1E60C, does not apply to export to Argentina, Australia, 
    Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, 
    Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, 
    the Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, 
    Switzerland, and the United Kingdom.
        (v) General License GTDU, as authorized in ECCN 1E60C, is available 
    only to Argentina, Australia, Austria, Belgium, Canada, Czech Republic, 
    Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, 
    Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, 
    Portugal, Spain, Sweden, Switzerland, and the United Kingdom, for 
    software for process control that is specifically configured to control 
    or initiate the production of chemical weapons precursors controlled by 
    ECCN 1C60.
    * * * * *
        5. Section 778.9 is amended by revising paragraph (c) to read as 
    follows:
    
    
    Sec. 778.9  Activities of U.S. persons.
    
    * * * * *
        (c) No U.S. person shall, without a validated license or other 
    authorization by BXA, participate in the design, construction, or 
    export of a whole plant to make chemical weapons precursors identified 
    in ECCN 1C60, in countries other than Argentina, Australia, Austria, 
    Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, 
    Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, the 
    Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, 
    and the United Kingdom.
    * * * * *
    
    PART 799--[AMENDED]
    
    Supplement No. 1 to Sec. 799.1 [Amended]
    
        6. In Category 1 (Materials), ECCN 1C64E is removed and ECCNs 
    1B70E, 1B71E, 1C60C, 1D60C and 1E60C are amended by revising the 
    Requirements section, to read as follows:
    
    1B70E  Equipment That Can be Used in The Production of Chemical Weapons 
    Precursors and Chemical Warfare Agents
    
    Requirements
    
        Validated License Required: SZ, Supplement No. 5 to part 778 of 
    this subchapter (see Note)
        Unit: number
        Reason for Control: CB
        GLV: $0
        GCT: No
        GFW: No
    
        Note: Special Chemical License Available: see Sec. 773.9 of this 
    subchapter.
    * * * * *
    
    1B71E  Equipment That Can be Used in the Production of Biological 
    Weapons
    
    Requirements
    
        Validated License Required: SZ, Supplement No. 5 to part 778 of 
    this subchapter (see Note)
        Unit: number
        Reason for Control: CB
        GLV: $0
        GCT: No
        GFW: No
    
        Note: Special Chemical License Available: see Sec. 773.9 of this 
    subchapter.
    * * * * *
    
    1C60C  Precursor and Intermediate Chemicals Used in the Production of 
    Chemical Warfare Agents
    
    Requirements
    
        Validated License Required: QSTVWYZ, except Argentina, Australia, 
    Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, 
    Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, 
    the Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, 
    Switzerland, and the United Kingdom. (see Note 4)
        Unit: Liters or kilograms as appropriate
        Reason for Control: CB
        GLV: $0
        GCT: No
        GFW: No
    
        Notes: 1. Sample Shipments:
        a. The following chemicals are not eligible for sample 
    shipments: 0-Ethyl-2-diisopropylaminoethyl methylphosphonite (QL) 
    (C.A.S. #57856-11-8), Ethylphosphonyl difluoride (C.A.S. #753-98-0), 
    and Methylphosphonyl difluoride (C.A.S. #676-99-3).
        b. The following countries are not eligible to receive sample 
    shipments: Iran, Syria, Country Groups S and Z, and countries 
    subject to an embargo administered by the Department of the 
    Treasury.
        c. Except as provided in paragraphs a and b of this note, a 
    validated license is not required for single sample shipment of a 
    55-gallon container (or approximately 200 kg) or less of each 
    chemical for research or evaluation purposes to any one consignee 
    per calendar year. The exporter is required to submit within 30 days 
    of each sample shipment a written report on company letterhead 
    stationery identifying 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 should be sent 
    to the Bureau of Export Administration, Room 2705, Washington, DC 
    20230, clearly marked ``Report of Sample Shipments of Chemical 
    Precursors'' at the top of the first page and on the envelope.
        2. Mixtures: Mixtures that contain concentrations of chemicals 
    controlled under this ECCN 1C60 are controlled as precursors, as 
    follows:
        a. A Validated License is required, regardless of the 
    concentrations in the mixture, for the following chemicals: 0-Ethyl-
    2-diisopropylaminoethyl methylphosphonite (QL) (C.A.S. #57856-11-8), 
    Ethylphosphonyl difluoride (C.A.S. #753-98-0) and Methylphosphonyl 
    difluoride (C.A.S. #676-99-3);
        b. A Validated License is required, when at least one of the 
    following chemicals constitutes more than 10 percent of the weight 
    of the mixture on a solvent free basis: Arsenic trichloride (C.A.S. 
    #7784-34-1), Benzilic acid (C.A.S. #76-93-7), Diethyl 
    ethylphosphonate (C.A.S. #78-38-6), Diethyl methylphosphonite 
    (C.A.S. #15715-41-0), Diethyl-N,N-dimethylphosphoroamidate (C.A.S. 
    #2404-03-7), N,N-Diisopropyl-.beta.-aminoethane thiol (C.A.S. #5842-
    07-9), N,N-Diisopropyl-.2.-aminoethyl chloride hydrochloride (C.A.S. 
    #4261-68-1), N,N-Diisopropyl-.beta.-aminoethanol (C.A.S. #96-80-0), 
    N,N-Diisopropyl-.beta.-aminoethyl chloride (C.A.S. #96-79-7), 
    Dimethyl ethylphosphonate (C.A.S. #6163-75-3), Dimethyl 
    methylphosphonate (C.A.S. #756-79-6), Ethylphosphonous dichloride 
    [Ethylphosphinyl dichloride] (C.A.S. #1498-40-4), Ethylphosphonus 
    difluoride [Ethylphosphinyl difluoride] (C.A.S. #430-78-4), 
    Ethylphosphonyl dichloride (C.A.S. #1066-50-8), Methylphosphonous 
    dichloride [Methylphosphinyl dicloride] (C.A.S. #676-83-5), 
    Methylphosphonous difluoride [Methylphosphinyl difluoride] (C.A.S. 
    #753-59-3), Methylphosphonyl dichloride (C.A.S. #676-97-1), 
    Pinacolyl alcohol (C.A.S. #464-07-3), 3-Quinuclidinol (C.A.S. #1619-
    34-7), and Thiodiglycol (C.A.S. #111-48-8);
        c. A Validated License is required, when at least one of all 
    other chemicals in the List of Items Controlled constitutes more 
    than 25 percent of the weight of the mixture on a solvent free 
    basis; and
        d. A Validated License is not required for mixtures when the 
    controlled chemical is a normal ingredient in consumer goods 
    packaged for retail sale for personal use.
        3. Compounds: A validated license is not required, except for 
    Country Groups S and Z, for chemical compounds created with any 
    chemicals identified in 1C60, unless those compounds are also 
    identified in 1C60, or identified elsewhere in the CCL as 
    controlled.
        4. Special Chemical License Available: see Sec. 773.9 of this 
    subchapter.
    
        Technical Note: For purposes of this ECCN 1C60, 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.
    * * * * *
    
    1D60C  Software for Process Control That is Specifically Configured To 
    Control or Initiate Production of the Chemical Precursors Controlled by 
    ECCN 1C60
    
    Requirements
    
        Validated License Required: QSTVWYZ, except Argentina, Australia, 
    Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, 
    Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, 
    the Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, 
    Switzerland, and the United Kingdom.
        Unit: $ value
        Reason for Control: CB
        GTDR: No
        GTDU: Only to countries listed above as not subject to validated 
    license
    * * * * *
    
    1E60C  Technology for the Production and/or Disposal of Chemical 
    Precursors Described in ECCN 1C60C, and Technology As Described in the 
    List Below for Facilities Designed or Intended To Produce Chemicals 
    Described in ECCN 1C60.
    
    Requirements
    
        Validated License Required: QSTVWYZ, except Argentina, Australia, 
    Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, 
    Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, 
    the Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, 
    Switzerland, and the United Kingdom.
        Reason for Control: CB
        GTDR: No
        GTDU: Only to countries listed above as not subject to validated 
    license
    * * * * *
        7. In Supplement No. 1 to Sec. 799.2, the introductory text to 
    Interpretation 23 is revised to read as follows:
    
    Supplement No. 1 to Sec. 799.2--Interpretations
    
    * * * * *
    
    Interpretation 23: Precursor Chemicals
    
        Following is a list of chemicals controlled by ECCN 1C60C that 
    includes their Chemical Abstract Service Registry (C.A.S.) number and 
    synonyms (i.e., alternative names). These chemicals require a validated 
    license to all countries except Argentina, Australia, Austria, Belgium, 
    Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, 
    Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, the Netherlands, 
    New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, and the 
    United Kingdom.
    * * * * *
        Dated: October 13, 1994.
    Sue E. Eckert,
    Assistant Secretary for Export Administration.
    [FR Doc. 94-25781 Filed 10-18-94; 8:45 am]
    BILLING CODE 3510-DT-P
    
    
    

Document Information

Effective Date:
10/19/1994
Published:
10/19/1994
Department:
Export Administration Bureau
Entry Type:
Uncategorized Document
Action:
Interim rule.
Document Number:
94-25781
Dates:
This rule is effective October 19, 1994. The reporting requirement for sample shipments will not be applicable until January 17, 1995. Comments must be received by November 18, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: October 19, 1994, Docket No. 941081-4281
RINs:
0694-AB05: Exports of Sample Shipments in Mixtures Containing Precursors and Intermediate Chemicals; Revisions to Australia Group Members
RIN Links:
https://www.federalregister.gov/regulations/0694-AB05/exports-of-sample-shipments-in-mixtures-containing-precursors-and-intermediate-chemicals-revisions-t
CFR: (3)
15 CFR 773.9
15 CFR 778.8
15 CFR 778.9