[Federal Register Volume 60, Number 202 (Thursday, October 19, 1995)]
[Rules and Regulations]
[Pages 54030-54035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25900]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Parts 773, 778 and 799
[Docket No. 951004245-5245-01]
RIN 0694-AB20
Revisions to the Export Administration Regulations: Exports of
Sample Shipments Containing Precursor and Intermediate Chemicals;
Revision to Australia Group Members; Aqueous Hydrofluoric Acid; and
Clarifications
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Export Administration (BXA) maintains the
Commerce Control List (CCL), as part of the Export Administration
Regulations (EAR). The changes made by this rule are based on
discussions in the Australia Group (AG) and suggested changes by
industry.
[[Page 54031]]
This rule amends the CCL by revising Export Control Classification
Number (ECCN) 1C60 to clarify that this entry controls aqueous
hydrofluoric acid. ECCN 1C60 controls dual-use precursors and
intermediate chemicals useful in the production of chemical warfare
agents and certain mixtures containing such chemicals.
In addition, this rule adds Poland, Romania and the Slovak Republic
to the list of Australia Group countries, thereby making them eligible
for the license exceptions accorded AG members.
DATES: This rule is effective October 19, 1995.
FOR FURTHER INFORMATION CONTACT:
For general questions, call Sharron Cook, Bureau of Export
Administration, Regulatory Policy Division, Telephone: (202) 482-2440.
For questions on foreign policy controls, call Patricia Sefcik,
Bureau of Export Administration, Chemical & Biological Controls
Division, 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, Chemical & Biological Controls Division, Telephone:
(202) 482-3343.
SUPPLEMENTARY INFORMATION:
Background
The export control liberalization set forth in BXA's October 19,
1994 Federal Register notice (59 FR 52685) provides relief to the
chemical industry from the previous zero tolerance on chemical mixtures
containing an Australia Group (AG) controlled chemical precursor.
Before October 19, 1994, the U.S. did not permit any preferential
licensing treatment for exports of chemical mixtures that contained any
quantity of an AG-controlled chemical.
In May 1994, the members of the AG agreed to harmonize licensing
requirements for mixtures containing AG controlled chemicals in order
to facilitate legitimate trade without allowing chemical weapons (CW)
proliferators to circumvent AG controls. Accordingly, thresholds were
agreed to for mixtures containing de minimis quantities, by weight, of
AG controlled chemicals. In this regard, the ``solvent free basis''
provision for determining whether such chemical mixtures are subject to
export licensing requirement was added to preclude proliferators from
extracting meaningful quantities of AG controlled chemical precursors
for use in the production of CW.
At the November/December 1994 meeting of the Australia Group, the
delegates discussed certain technical revisions in the AG's harmonized
controls on chemical weapons precursors. The changes discussed at the
meeting are contained in this final rule. These changes refine and
clarify 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 that are
controlled by ECCN 1C61.
Consistent with an AG agreement, Commerce is adding a note to ECCN
1C60 to clarify that a validated license is required for aqueous
hydrofluoric acid.
This rule also adds Poland, Romania and the Slovak Republic to the
list of countries exempt from certain validated license requirements on
the basis of their recent membership in the Australia Group. For
consistency and conformity, Romania has been removed from Supplement
No. 5 to Part 778.
The chemical industry commented on the October 1994 rule, and
requested that BXA clarify the terms ``solvent'' and ``solvent free
basis.'' Therefore, in Supplement No. 3 to Part 778, this rule sets
forth the definition of solvent and provides examples of mixtures
containing AG-controlled chemicals, with and without solvents, to
assist companies in determining whether such mixtures require validated
export licenses.
BXA also received comments concerning the reporting requirements
for sample shipments. Many exporters recommended that reports for
sample shipments should be submitted on a quarterly basis instead of
within 30 days after each sample shipment. The reports and the
reporting requirement have been under consideration and upon assessing
the data, and in light of the revisions to sample shipments made by
this rule, it was determined that the reporting requirement will be
made quarterly, under OMB control number 0694-0086.
BXA also received comments on the potential confusion caused by
including in ECCN 1C60 both precursor chemicals that require a license
to most countries and sample and mixtures that are exempt from a
validated license requirement to most destinations. Therefore, this
rule establishes a new ECCN 1C95F for mixtures meeting the de minimis
mixtures exemptions found in ECCN 1C60. However, 1C60 chemicals that
meet the samples exemption do not lose their identity and therefore
will remain classified under ECCN 1C60.
This final 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 ECCN 1C60 is revised to modify the general license
treatment for sample shipments containing controlled chemical
precursors to eligible destinations (all destinations except Iran,
Syria and Country Groups S and Z). Previously, general license
treatment for sample shipments to eligible destinations has been
available for only a single sample shipment equal to or less than a 55-
gallon container or 200 kg of each chemical to any one consignee per
calendar year. Exporters may now use General License G-DEST to make
multiple sample shipments of any quantity of precursor or intermediate
chemicals, listed in ECCN 1C60, as long as the cumulative annual amount
of each chemical to any one consignee does not exceed either a 55
gallon container or 200 kg. Reports on sample shipments must be made
quarterly.
(2) Note 2 to ECCN 1C60 is clarified by adding a definition of
``Solvent''.
Although the Export Administration Act (EAA) expired on August 20,
1994, the President invoked the International Emergency Economic Powers
Act and continued in effect, to the extent permitted by law, the
provisions of the EAA and the EAR in Executive Order 12924 of August
19, 1994.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a 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.
Saving Clause
Shipments of aqueous hydrofluoric acid 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, 1995 may be exported under general license
provisions up to and including November 16, 1995. Any aqueous
hydrofluoric acid not actually exported before midnight November 16,
1995, require a validated export license in accordance with this
regulation.
[[Page 54032]]
Rulemaking Requirements
1. This final 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, 0694-0067, and
0694-0086. This rule makes a revision to an OMB collection, control
number 0694-0086. The public burden for this collection contained
within the rulemaking will remain an estimated average of one-half hour
per response, although the frequency for reporting has been decreased.
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, D.C. 20230;
and to the Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington, D.C. 20503 (Attn: Paperwork
Reduction Project--0694-0086).
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 and foreign affairs
function of the United States. Further, no other law requires that a
notice of proposed rulemaking and an opportunity for public comment be
given for this rule.
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 Sharron
Cook, Regulatory Policy Division, Office of Exporter Services, Bureau
of Export Administration, Department of Commerce, P.O. Box 273,
Washington, DC 20044.
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; Pub. L. 102-484, 106 Stat. 2575 (22 U.S.C. 6004);
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. 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. 12924 of August 19, 1994 (59 FR
43437 of August 23, 1994); E.O. 12938 of November 14, 1994 (59 FR
59099 of November 16, 1994) and Notice of August 15, 1995 (60 FR
42767).
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.
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 12918 of May
26, 1994 (59 FR 28205, May 31, 1994); E.O. 12924 of August 19, 1994
(59 FR 43437 of August 23, 1994); E.O. 12938 of November 14, 1994
(59 FR 59099 of November 16, 1994); and Notice of August 15, 1995
(60 FR 42767).
PART 773--[AMENDED]
3. Section 773.9 is amended by:
i. Revising paragraph (a)(1);
ii. Revising the phrase ``ECCN 1C60B or 1C64E'' or ``ECCNs 1C60C or
1C64E'' to read ``ECCN 1C60C'' in the following paragraphs:
A. (f)(1)(iv), last sentence;
B. (f)(2)(i)(B), last sentence; and
C. (i)(2)(vii), last sentence; and
iii. Revising 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 ECCN
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, Poland, Portugal, Romania, Slovak Republic, Spain,
Sweden, Switzerland, and the United Kingdom.
* * * * *
PART 778--[AMENDED]
4. Section 778.8 is amended by revising:
i. paragraph (a)(1) introductory text;
ii. paragraph (a)(1)(i);
iii. paragraph (a)(5)(i);
iv. paragraph (a)(5)(iv)(B);
v. 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, Poland, Portugal,
Romania, Slovak Republic, Spain, Sweden, Switzerland, and the United
Kingdom.
(i) A validated license is required for chemical mixtures
containing any
[[Page 54033]]
chemicals identified in ECCN 1C60. See Note 2 of ECCN 1C60 and ECCN
1C95 on the Commerce Control List (Sec. 799.1 of this subchapter) for
further details on the concentrations of chemicals that require a
validated license.
* * * * *
(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, Poland, Portugal,
Romania, Slovak Republic, 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 exports to Argentina, Australia,
Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France,
Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg,
the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovak
Republic, Spain, Sweden, Switzerland, and the United Kingdom.
(v) General License GTDU, as authorized in ECCN 1D60C, is available
only for process control software that is specifically configured to
control or initiate the production of chemical weapons precursors
controlled by ECCN 1C60 and 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, Poland, Portugal, Romania, Slovak
Republic, Spain, Sweden, Switzerland, and the United Kingdom.
* * * * *
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, Poland, Portugal, Romania, Slovak
Republic, Spain, Sweden, Switzerland, and the United Kingdom.
* * * * *
6. Supplement No. 3 to Part 778 (formally reserved) is added to
read as follows:
Supplement No. 3 to Part 778--Chemical Mixtures: De Minimis Exceptions
Examples
This supplement contains examples on applying the de minimis
exceptions for chemical mixtures containing precursor and
intermediate chemicals controlled under ECCN 1C60.
In ECCN 1C60, Note 2, paragraphs (c) and (d) within the Mixtures
Exemptions state that a validated license is required when at least
one of the listed chemicals constitutes more than 10% or 25%,
respectively, of the weight of the mixture on a solvent free basis.
Example One
A mixture contains the following components:
90% polymer polyol (a liquid raw material used to make polyurethane
polymers)
10% Australia Group (AG)-controlled chemical eligible for 25% de
minimis exemption
Note: The polymer does not dissolve the AG-controlled chemical.
In this example, the polymer polyol does not dissolve the AG-
controlled chemical (the only other component of the mixture).
Therefore, the polyol is NOT considered a solvent, and the
concentration of the polymer polyol is included in the concentration
calculation. As a result, the AG-controlled chemical's concentration
is 10% when calculated on a solvent-free basis (.10/1.00).
Accordingly, this concentration is below the threshold concentration
of 25% applicable to specific AG-controlled chemicals under the
chemical mixtures rule and can be exported under the provisions of
general license G-DEST to all destinations except Iran, Syria, and
Country Groups S and Z.
To determine the classification of this mixture, it is necessary
to determine whether the polymer is capable of functioning as a
solvent for the other components of the mixture. If the polymer
polyol is capable of functioning as a solvent for the controlled AG
chemical, then the polymer component is omitted from the
concentration calculation. If the polymer polyol is not capable of
functioning as a solvent for the AG chemical, then the polymer
component is included in the concentration calculation.
Example Two
An automotive coolant (antifreeze) is a mixture of the following
components:
75% ethylene glycol
10% additive package
15% water
Note: The ``additive package'' contains an AG-controlled
chemical that is eligible for the 10% de minimis exemption. This
chemical is added as a stabilizer and represents 9% of the total
mixture. The remaining components of the additive package are
various dyes and stabilizers that represent 1% of the total mixture.
Ethylene glycol serves as the basic functional ingredient that
prevents the engine block from freezing, and does not dissolve the
other components of the mixture. The water is added to keep the
mixture in solution.
To determine if this mixture requires an individual validated
license (IVL) it is necessary to calculate the concentration of the
AG-controlled chemical on a solvent-free basis. Since the water
dissolves all of the other components of the mixture, water is
considered a ``solvent'' and the quantity of water present is not
included in the calculation of the AG-chemical concentration.
Consequently, the concentration of the AG chemical is approximately
11% (.09/.85), and the mixture is classified under ECCN 1C60C.
Accordingly, since this concentration is above the threshold
concentration of 10% applicable to this category of AG-controlled
chemical under the chemical mixtures rule, an IVL is required to all
destinations except AG member countries.
Example Three
A pesticide formulation consists of an AG-controlled chemical
that is eligible for the 25% de minimis exemption, and an active
ingredient that is not AG-controlled. The formulation is diluted
with water to allow safe, effective, and economic application. The
resulting mixture is 15% AG chemical, 40% active ingredient and 45%
water. Although the water is added as a diluent, it dissolves the
other components of the mixture.
Since the water dissolves all components in the mixture, it is
considered a solvent even though it was added as a diluent. The
percent concentration of the AG-controlled chemical calculated on a
solvent free basis is .15/.55 = 27%, and the mixture is therefore
classified under ECCN 1C60C. Accordingly, since this concentration
is above the threshold concentration of 25% applicable to this
category of AG-controlled chemicals under the chemical mixtures
rule, an IVL is required to all destinations except AG member
countries.
Example Four
A mixture contains the following components:
10% water
22% Chemical A
21% Chemical B
20% Chemical C
19% Chemical D
8% Chemical E
Note: The water is added to dissolve the other components of the
mixture. Chemicals A, B, C, and D are AG-controlled chemicals each
eligible for 25% de minimis exemption. Chemical E is an AG-
controlled chemical eligible for 10% de minimis exemption.
In this example, water is considered a solvent since it
dissolves all components in the mixture. Therefore, the quantity of
water present in the mixture is not included in calculating the
concentrations of the controlled chemicals on a solvent-free basis.
The concentrations of the controlled
[[Page 54034]]
chemicals are as follows: Chemical A 24%; Chemical B 23%; Chemical C
22%; Chemical D 21%; Chemical E 9%. It is important to note that in
this example, even though the cumulative amount of the mixture (90%)
consists of controlled chemicals, each one of the controlled
chemicals is below the de minimis level for its category.
Consequently, this mixture can be exported under the provisions of
general license G-DEST to all destinations except Iran, Syria, and
Country Groups S and Z.
7. Supplement No. 5 to Part 778 (Dual-Use Chemical and Biological
Equipment; Regions, Countries, and Other Destinations), is amended by
removing ``Romania'' from the list of countries.
PART 799--[AMENDED]
Supplement No. 1 to Sec. 799.1 [Amended]
8. In Category 1 (Materials), ECCN 1C60C, 1D60C and 1E60C are
amended by revising the Requirements section, and a new ECCN 1C95F is
added after 1C94F, respectively, as follows:
1C60C Precursor and Intermediate Chemicals Used in the Production of
Chemical Warfare Agents and Certain Mixtures Containing Such Chemicals
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, Poland,
Portugal, Romania, Slovak Republic,
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: Certain sample shipments of
chemicals controlled under ECCN 1C60 may be made without a validated
license, as provided by the following rules:
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, and Country Groups S and Z.
c. Sample Shipments: a validated 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 each chemical to any
one consignee per calendar year. Multiple sample shipments, in any
quantity, not exceeding the totals indicated in this paragraph may
be made under General License G-DEST, subject to the stipulations of
this Note 1.
d. 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 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 certain concentrations of
precursor and intermediate chemicals are subject to the following
licensing requirements under this ECCN:
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); (Related ECCN: 1C95F)
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
(related ECCN: 1C95F); and
d. A Validated License is not required under this entry for
mixtures when the controlled chemical is a normal ingredient in
consumer goods packaged for retail sale for personal use. Such
consumer goods are controlled by ECCN 1C96G.
e. Calculation of concentrations of AG-controlled chemicals.
1. Usual Commercial Purposes. In calculating the percentage of
an AG controlled chemical in a mixture (solution), any other
chemical must be excluded if it was not added for usual commercial
purposes, but was added for the sole purpose of circumventing the
Export Administration Regulations.
2. ``Solvent Free Basis Requirement.'' When calculating the
percentage, by weight, of components in a chemical mixture, you must
exclude from the calculation any component of the mixture that acts
as a solvent.
3. Solvent--For purposes of this ECCN ``A substance capable of
dissolving another substance to form a uniformly dispersed mixture
(solution)''.
Solvents are liquids at standard temperature and
pressure (STP).
In no instance is an AG controlled chemical considered
a ``solvent''.
All ingredients of mixtures are expressed in terms of
weight.
The solvent component of the mixture converts it into a
solution.
3. Compounds: A validated license is not required under this
entry for chemical compounds created with any chemicals identified
in this ECCN 1C60, unless those compounds are also identified in
this entry.
4. Special Chemical License Available: See Sec. 773.9 of this
subchapter.
Technical Notes: 1. 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.
2. The scope of this control applicable to Hydrogen Fluoride
(Item 25 in List of Items Controlled) includes its liquid, gaseous,
and aqueous phases, and hydrates.
3. All de minimis exclusions of this entry extend to all
mixtures including those that contain no solvents.
4. A Solvent is defined as a substance capable of dissolving
another substance to form a uniformly dispersed mixture (solution).
For examples and clarification of the term ``solvent free'' basis,
see Supplement No. 3 to Part 778.
* * * * *
1C95F Mixtures Containing Precursor and Intermediate Chemicals Used in
the Production of Chemical Warfare Agents That Are Not Controlled by
ECCN 1C60
Requirements
Validated License Required: SZ, Iran
Unit: Liters or kilograms as appropriate
Reason for Control: FP
GLV: $0
GCT: No
GFW: No
Note: For calculation of de minimis quantities of AG-controlled
chemicals in mixtures, see ECCN 1C60 and Supplement 3 to Part 773.
* * * * *
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, Poland,
Portugal, Romania, Slovak Republic,
[[Page 54035]]
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, Poland,
Portugal, Romania, Slovak Republic, 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
* * * * *
9. 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, Poland, Portugal,
Romania, Slovak Republic, Spain, Sweden, Switzerland, and the United
Kingdom.
* * * * *
Dated: October 13, 1995.
Iain S. Baird,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 95-25900 Filed 10-18-95; 8:45 am]
BILLING CODE 3510-DT-P
