[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6415]
[[Page Unknown]]
[Federal Register: March 18, 1994]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Parts 773, 778 and 799
[Docket No. 940105-4005]
RIN 0694-AA69
Revisions to the Export Administration Regulations: Equipment
Related to the Production of Chemical Weapons and Warfare Agents,
Microorganisms and Toxins; Revision to Australia Group Members
AGENCY: Bureau of Export Administration, Commerce
ACTION: Interim rule.
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SUMMARY: The Bureau of Export Administration maintains the Commerce
Control List (CCL), which appears in the Export Administration
Regulations (EAR). This rule amends the CCL by revising Export Control
Classification Numbers (ECCNs) 1B70 and 1C61. These ECCNs control dual-
use items that can be used in the production of chemical and biological
weapons (CBW). The changes made by this rule are intended to conform
the list of CBW related items controlled by the United States to the
lists of items agreed to and adopted by countries participating in the
Australia Group (AG).
In addition, this rule revises the list of countries participating
in the Australia Group (AG) to include Argentina and Hungary, since
both countries now participate in the Australia Group. This revision is
expected to reduce the number of export license applications that will
have to be submitted for items that are being made exempt from the
validated license requirements described in the chemical and biological
weapons control provisions of the EAR, thereby reducing the paperwork
burden on the public.
DATES: This rule is effective March 18, 1994. Comments must be received
by April 18, 1994.
ADDRESSES: Written comments (six copies) should be sent to Patricia
Muldonian, Office of Technology and Policy Analysis, 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 Toni Jackson, Office of
Technology and Policy Analysis, Bureau of Export Administration,
Telephone: (202) 482-4531.
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, Office of
Technology and Policy Analysis, Bureau of Export Administration,
Telephone: (202) 482-4777.
SUPPLEMENTARY INFORMATION:
Background
At the June, 1993, meeting of the Australia Group, the delegates
made certain technical revisions in the Australia Group's chemical
equipment list and agreed to its adoption, subject to approval by their
governments. The changes agreed upon at the June, 1993, meeting have
been adopted by the member countries and are contained in this interim
rule. Many of these changes refine the scope of the technical
parameters describing chemical equipment that is controlled for export.
This interim rule revises ECCN 1B70, which controls equipment that
can be used in the production of chemical weapons precursors or
chemical warfare agents and revises ECCN 1C61, which controls
microorganisms and toxins, as follows:
ECCN 1B70
(1) 1B70.a is revised by raising the control thresholds for
reaction vessels, reactors, or agitators, by revising storage tanks and
containers to include receivers, by specifying a heat transfer surface
area for heat exchangers or condensers, by revising distillation
columns to include absorption columns, by removing degassing equipment
and adding multi-walled piping (previously controlled under 1B70.c).
Finally 1B70.a now controls, not only equipment having contact surfaces
that are made of nickel or alloys having more than 40% nickel by
weight, alloys with more than 25% nickel and chromium by weight, glass,
or graphite (for heat exchangers) but also equipment having contact
surfaces that are made of the following: Fluoropolymers, glassed-lined
(including vitrified or enamelled coating), tantalum or tantalum
alloys, titanium or titanium alloys, zirconium or zirconium alloys, or
graphite (for heat exchangers or condensers, distillation or absorption
columns, or multi-walled piping only).
(2) 1B70.b is not revised and continues to control remotely
operated filling equipment with contact surfaces made of nickel or
alloys with more than 40% nickel by weight or alloys with more than 25%
nickel and 20% chromium by weight.
(3) 1B70.c is revised to control multi-seal, canned drive, magnetic
drive, bellows, or diaphragm pumps, with manufacturer's specified
maximum flow-rate greater than 0.6m3/h, or vacuum pumps with the
manufacturer's specified maximum flow-rate greater than 5 m3/h
(under standard temperature (0 deg. C) and pressure (101.30 kPa)
conditions) having contact surfaces that are made of nickel or alloys
with more than 40% nickel by weight, alloys with more than 25% nickel
and 20% chromium by weight, fluoropolymers, glass or glass-lined
(including vitrified or enamelled coating), graphite, tantalum or
tantalum alloys, titanium or titanium alloys, zirconium or zirconium
alloys, ceramics, or ferrosilicon.
(4) 1B70.d is revised to control incinerators (previously
controlled under 1B70.e) that are designed to destroy chemical warfare
agents controlled on the U.S. Munitions List, or chemical weapons
precursors controlled by ECCN 1C60, and that have specially designed
waste supply systems, special handling facilities with 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
equipment: Nickel or alloys with more than 40% nickel by weight, alloys
with more than 25% nickel and 20% chromium by weight, or ceramics.
(5) 1B70.e is revised to control toxic gas monitoring systems and
dedicated detectors capable of detecting chemical warfare agents
controlled on the U.S. Munitions List or chemical weapons precursors
controlled by ECCN 1C60, or detecting phosphorus, sulphur, fluorine, or
chlorine, and their compounds, at a concentration less than 0.3 mg/
m\3\, and capable of continuous operation, or capable of detecting
chemical compounds having a cholinesterase-inhibiting activity.
ECCN 1C61B
This entry is revised by adding the following microorganisms
(including in some cases synonyms to microorganisms that are currently
controlled):
(1) Viruses: Hog cholera virus (synonym: Swine fever virus),
porcine enterovirus type 9 (synonym: swine vesicular disease virus);
(2) Bacteria: Xanthomonas albilineas;
(3) Fungi: Colletotrichum coffeanum var. virulans, cochliobolus
miyabeanus (helminthosporium oryzae), Microcyclus ulei (synonym:
dothidella ulei), puccinia graminis (synonym: Puccinia graminis f. sp.
tritici), puccinia striiformis (puccinia gulmarum), Pyricularia grisea/
pyricularia oryzae.
(4) Rickettsiae: Rickettsia quintana (now known as Rochalimea
quintana)
Exports and reexports of microorganisms and toxins controlled by
1C61 continue to require an individual validated license to all
destinations except Canada.
Finally, this rule adds Argentina and Hungary to the list of
countries exempted from certain validated license requirements on the
basis of their recent membership in the 25-nation Australia Group.
Savings 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 abroad an exporting carrier, or en route aboard carrier
to a port of export pursuant to actual orders for export before April
1, 1994 may be exported under the previous general license provisions
up to and including April 15, 1994. Any such items not actually
exported before midnight April 15, 1994, require a validated export
license in accordance with this regulation.
Rulemaking Requirements
1. This rule was not subject to review by the Office of Management
and Budget under 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, and 0694-0023.
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 April 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 Margaret Cornejo, 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 Parts 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. 95-242, 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); 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); and 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. 12867 of September 30, 1993 (58 FR 51747, October 4, 1993); and
E.O. 12868 of September 30, 1993 (58 FR 51749, October 4, 1993).
2. The authority citation for 15 CFR part 799 continues to read as
follows:
Authority: 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 (extended by Pub. L. 103-10,
107 Stat. 40); sec. 125, Pub. L. 99-64, 99 Stat. 156 (46 U.S.C.
466c); 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); and 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. 12867 of
September 30, 1993 (58 FR 51747, October 4, 1993); and E.O. 12868 of
September 30, 1993 (58 FR 51749, October 4, 1993).
PART 773--[AMENDED]
3. In Sec. 773.9(l) the phrase ``Australia, Austria, Ireland,'' is
revised to read ``Argentina, Australia, Austria, Finland, Hungary,
Ireland,''.
PART 778--[AMENDED]
4. Section 778.8 is amended:
a. By revising paragraph (a)(1) introductory text;
b. By revising paragraph (a)(5)(i);
c. By revising paragraph (a)(5)(iv)(B); and
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, Denmark, the Federal Republic of
Germany, Finland, France, Greece, Hungary, Iceland, Ireland, Italy,
Japan, Luxembourg, the Netherlands, New Zealand, Norway, Portugal,
Spain, Sweden, Switzerland, Turkey, and the United Kingdom.
* * * * *
(5) * * *
(i) General License GTDR 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,
Denmark, the Federal Republic of Germany, Finland, France, Greece,
Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, the Netherlands,
New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, and
the United Kingdom;
* * * * *
(iv) * * *
(B) This prohibition on use of General License GTDR does not apply
to exports to Argentina, Australia, Austria, Belgium, Canada, Denmark,
the Federal Republic of Germany, Finland, France, Greece, Hungary,
Iceland, Ireland, Italy, Japan, Luxembourg, the Netherlands, New
Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, and the
United Kingdom.
(v) General License GTDR is available only to Argentina, Australia,
Austria, Belgium, Canada, Denmark, the Federal Republic of Germany,
Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Japan,
Luxembourg, the Netherlands, New Zealand, Norway, Portugal, Spain,
Sweden, Switzerland, Turkey, 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, Denmark, the Federal Republic of Germany, Finland,
France, Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg,
the Netherlands, New Zealand, Norway, Portugal, Spain, Sweden,
Switzerland, Turkey, and the United Kingdom.
* * * * *
PART 799--[AMENDED]
Supplement No. 1 to Sec. 799.1 [Amended]
6. In Supplement No. 1 to Sec. 799.1, Category 1, ECCN 1B70E is
revised 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
Unit: number
Reason for Control: CB
GLV: $0
GCT: No
GFW: No
List of Items Controlled
Note: The controls in 1B70.a through 1B70.e 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 warfare agents controlled on the U.S. Munitions or
the chemical weapons precursors controlled by 1C60.
a. Chemical processing equipment described in paragraph a.1 having
any of the flow contact surfaces described in paragraph a.2:
a.1. Chemical processing equipment, as follows:
a.1.a. Reaction vessels or reactors, with or without agitators,
having a total inertial (geometric) volume greater than 0.1m3 (100
1) and less than 20m3 (20000 1);
a.1.b. Storage tanks, containers, or receivers with a total
internal (geometric) volume greater than 0.1m3 (100 1);
a.1.c. Heat exchangers or condensers with a heat transfer surface
area less than 20m2;
a.1.d. Distillation or absorption columns having a diameter greater
than 0.1m;
a.1.e. Multiple seal valves incorporating a leak detection port,
bellows-seal valves, non-return (check) valves or diaphragm valves; or
a.1.f. Multi-walled piping incorporating a leak detection port;
a.2. Where all surfaces that come into direct contact with the
chemical(s) being processed or contained are made from any of the
following materials:
a.2.a. Nickel or alloys with more than 40% nickel by weight;
a.2.b. Alloys with more than 25% nickel and 20% chromium by weight;
a.2.c. Fluoropolymers;
a.2.d. Glass or glass-lined (including vitrified or enamelled
coating);
a.2.e. Graphite (for heat exchangers or condensers, distillation or
absorption columns, or multi-walled piping only);
a.2.f. Tantalum or tantalum alloys;
a.2.g. Titanium or titanium alloys; or
a.2.h. Zirconium or zirconium alloys.
b. Remotely operated filling equipment in which all surfaces that
come into direct contact with the chemical(s) being processed are made
from any of the following materials:
b.1. Nickel or alloys with more than 40% nickel by weight; or
b.2. Alloys with more than 25% nickel and 20% chromium by weight.
c. Multi-seal, canned drive, magnetic drive, bellows, or diaphragm
pumps, with manufacturer's specified maximum flow-rate greater than
0.6m3/h, or vacuum pumps with the manufacturer's specified maximum
flow-rate greater than 5 m3/h (under standard temperature (0 deg.
C) and pressure (101.30 kPa) conditions) in which all surfaces that
come into direct contact with the chemical(s) being processed are made
from any of the following materials:
c.1. Nickel or alloys with more than 40% nickel by weight;
c.2. Alloys with more than 25% nickel and 20% chromium by weight;
c.3. Fluoropolymers;
c.4. Glass or glass-lined (including vitrified or enamelled
coating);
c.5. Graphite;
c.6. Tantalum or tantalum alloys;
c.7. Titanium or titanium alloys;
c.8. Zirconium or zirconium alloys;
c.9. Ceramics; or
c.10. Ferrosilicon.
d. Incinerators that are designed to destroy chemical warfare
agents controlled on the U.S. Munitions List, or chemical weapons
precursors controlled by ECCN 1C60, and that have specially designed
waste supply systems, special handling facilities with 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
equipment:
d.1. Nickel or alloys with more than 40% nickel by weight;
d.2. Alloys with more than 25% nickel and 20% chromium by weight;
or
d.3. Ceramics.
e. Toxic gas monitoring systems and dedicated detectors:
e.1. Capable of:
e.1.a. Detecting chemical warfare agents controlled on the U.S.
Munitions List or chemical weapons precursors controlled by ECCN 1C60,
or detecting phosphorus, sulphur, fluorine, or chlorine, and their
compounds, at a concentration less than 0.3 mg/m3; and
e.1.b. Continuous operation; or
e.2. Capable of detecting chemical compounds having a
cholinesterase-inhibiting activity.
7. In Supplement No. 1 to Sec. 799.1, Category 1, ECCN 1C60C is
amended by revising the ``Requirements'' section to read as follows:
1C60C Precursor and Intermediate Chemicals Used in the Production
of Chemical Warfare Agents
Requirements
Validated License Required: QSTVWYZ, except Argentina, Australia,
Austria, Belgium, Denmark, Germany, Finland, France, Greece, Hungary,
Iceland, Ireland, Italy, Japan, Luxembourg, the Netherlands, New
Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, and the
United Kingdom.
Unit: Liters or kilograms, as appropriate
Reason for Control: CB
GLV: $0
GCT: No
GFW: No
Notes: 1. Sample Shipments: General License G-DEST is available
for one sample shipment of a 55-gallon container (209 liters) or
less of each chemical to any one consignee per calendar year (not
applicable to Iran, Iraq, Syria, Country Groups S and Z, the South
African military and police, or countries subject to an embargo
administered by the Department of the Treasury).
2. Compounds: General License G-DEST is available, except to
Country Groups S and Z and the South African military and police,
for compounds that are created from chemicals controlled under this
ECCN 1C60C provided that the compound itself is not controlled under
this ECCN or another ECCN on the CCL. (Mixtures that contain
chemicals controlled under this ECCN are controlled as precursors,
except when the precursor chemical is merely an impurity that was
not intentionally added or is a normal ingredient in consumer goods
intended for retail sales.)
* * * * *
8. In Supplement No. 1 to Sec. 799.1, Category 1, ECCN 1C61B is
revised to read as follows:
1C61B Microorganisms and Toxins
Requirements
Validated License Required: QSTVWYZ
Unit: $ value
Reason for Control: CB
GLV: $0
GCT: No
GFW: No
List of Items Controlled
a. Viruses, as follows:
a.1. African swine fever virus;
a.2. Avian influenza virus;
a.3. Bluetongue virus;
a.4. Chikungunya virus;
a.5. Congo-Crimean haemorrhagic fever virus;
a.6. Dengue fever virus;
a.7. Eastern equine encephalitis virus;
a.8. Ebola virus;
a.9. Foot and mouth disease virus;
a.10. Goat pox virus;
a.11. Hantaan virus;
a.12. Herpes virus (Aujeszky's disease);
a.13. Hog cholera virus (syn. Swine fever virus);
a.14. Japanese encephalitis virus;
a.15. Junin virus;
a.16. Lassa fever virus;
a.17. Lymphocytic choriomeningitis virus;
a.18. Machupo virus;
a.19. Marburg virus;
a.20. Monkey pox virus;
a.21. Newcastle disease virus;
a.22. Peste des petits ruminants virus;
a.23. Porcine enterovirus type 9 (syn. swine vesicular disease
virus);
a.24. Rift Valley fever virus;
a.25. Rinderpest virus;
a.26. Sheep pox virus;
a.27. Teschen disease virus;
a.28. Tick-borne encephalitis virus (Russian Spring-Summer
encephalitis virus);
a.29. Variola virus;
a.30. Venezuelan equine encephalitis virus;
a.31. Vesicular stomatitis virus;
a.32. Western equine encephalitis virus;
a.33. White pox; or
a.34. Yellow fever virus.
b. Rickettsiae, as follows:
b.1. Coxiella burnetii;
b.2. Rickettsia quintana;
b.3. Rickettsia prowasecki; or
b.4. Rickettsia rickettsii.
c. Bacteria, as follows:
c.1. Bacillus anthracis;
c.2. Brucella abortus;
c.3. Brucella melitensis;
c.4. Brucella suis;
c.5. Chlamydia psittaci;
c.6. Clostridium botulinum;
c.7. Francisella tularensis;
c.8. Mycoplasma mycoides;
c.9. Pseudomonas mallei;
c.10. Pseudomonas pseudomallei;
c.11. Pseudomonas solanacerum;
c.12. Salmonella typhi;
c.13. Shigella dysenteriae;
c.14. Vibrio cholerae;
c.15. Xanthomonas albilineas;
c.16. Xanthomonas campestris pv citri;
c.17. Xanthomonas campestris pv oryzae; or
c.18. Yersinia pestis.
d. Fungi, as follows:
d.1 Colletotrichum coffeanum var. virulans;
d.2 Cochliobolus miyabeanus (Helminthosporium oryzae);
d.3. Heliminthosporium maydis;
d.4. Heliminthosprium oryzae;
d.5 Microcyclus ulei (syn. Dothidella ulei);
d.6. Puccinia glumarum;
d.7. Puccinia graminis (syn. Puccinia graminis f. sp. tritici);
d.8. Puccinia striiformis (syn. Puccinia glumarum);
d.9. Pyricularia grisea/ Pyricularia oryzae; or
d.10. Ustilago maydis.
e. Genetically modified microorganisms, as follows:
e.1. Genetically modified micro-organisms or genetic elements that
contain nucleic acid sequences associated with pathogenicity and are
derived from organisms identified in this ECCN;
e.2. Genetically modified micro-organisms or genetic elements that
contain nucleic acid sequences associated with pathogenicity derived
from plant pathogens identified in this ECCN; or
e.3. Micro-organisms genetically modified to produce any of the
toxins listed in paragraph f of this ECCN.
f. Toxins, as follows:
f.1. Botulinum toxins;
f.2. Clostridium perfringens toxins;
f.3. Conotoxin;
f.4. Microcystin (cyanogenosin);
f.5. Ricin;
f.6. Saxitoxin;
f.7. Shiga toxin;
f.8. Staphylococcus aureus toxins;
f.9. Tetrodotoxin; or
f.10. Verotoxin.
9. In Supplement No. 1 to Sec. 799.1, Category 1, ECCN 1D60C is
revised to read as follows:
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, Denmark, Germany, Finland, France, Greece, Hungary,
Iceland, Ireland, Italy, Japan, Luxembourg, the Netherlands, New
Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, and the
United Kingdom.
Unit: $ value
Reason for Control: CB
GTDR: No
GTDU: Only to countries listed above as not subject to validated
license
10. In Supplement No. 1 to Sec. 799.1, Category 1, ECCN 1E60C is
amended by revising the ``Requirements'' section to read as follows:
1E60C Technology for the Production and/or Disposal of Chemical
Precursors Described in ECCN 1C60, 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, Denmark, Germany, Finland, France, Greece, Hungary,
Iceland, Ireland, Italy, Japan, Luxembourg, the Netherlands, New
Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, and the
United Kingdom.
Reason for Control: CB
GTDR: No
GTDU: Only to countries listed above as not subject to validated
license
* * * * *
11. 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, Denmark, the Federal Republic of Germany,
Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Japan,
Luxembourg, the Netherlands, New Zealand, Norway, Portugal, Spain,
Sweden, Switzerland, Turkey, and the United Kingdom.
* * * * *
Dated: March 15, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-6415 Filed 3-17-94; 8:45 am]
BILLING CODE 3510-DT-P
