The Bureau of Industry and Security has issued a final rule that, effective Feb. 22, amends the Export Administration Regulations by revising the controls on certain select agents identified in Export Control Classification Number 1C360 to reflect changes that the Department of Agriculture’s Animal Plant and Health Inspection Service recently made to the Plant Protection and Quarantine Programs list of select agents and toxins.

The APHIS changes were part of a biennial review and republication of the select agents and toxins lists separately maintained by APHIS and the Centers for Disease Control and Prevention. Both of these agencies maintain controls on the possession, use and transfer within the U.S. of certain select agents and toxins, including human and zoonotic pathogens, animal pathogens and plant pathogens, while BIS maintains controls on exports of these regulated items.

Shipments of items removed from eligibility for export or re-export under a license exception or without a license (NLR) as a result of this rule that were on dock for loading, on lighter, laden aboard an exporting carrier or en route aboard a carrier to a port of export on March 24 pursuant to actual orders for export or re-export to a foreign destination may proceed to that destination under the previously applicable license exception or without a license (NLR) so long as they are exported or re-exported before April 8. Any such items not actually exported or re-exported before midnight on April 8 will require a license in accordance with this rule.

In addition, deemed exports of technology and source code removed from eligibility for export under a license exception or without a license (NLR) as a result of this rule may continue to be made under the previously available license exception or without a license before April 8. Beginning at midnight on April 8 such technology and source code may no longer be released without a license to a foreign national subject to the deemed export controls in the EAR when a license would be required to the home country of the foreign national in accordance with this rule.

BIS is also making an unrelated amendment to ECCN 1E998 to remove controls on technology for the development or production of materials controlled by ECCN 1C995. This technology was inadvertently included in ECCN 1E998 by a September 2006 final rule and was made subject to the anti-terrorism license requirements described therein. Effective Feb. 22, this technology is once again classified as EAR99.
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