BIS Final Rule Implements Recent Australia Group Changes, CWC Country Changes, Etc.

Listing for Mycoplasma Mycoides Narrowed to Include Specific Subspecies, Strains

The understandings reached at the AG's June 2007 annual plenary meeting included a decision to revise the AG "Control List of Biological Agents" by narrowing the scope of the listing for mycoplasma mycoides to include only the specific subspecies and strains of mycoplasma mycoides that are of most concern as the causative agents of disease in animals.

This final rule amends the EAR to reflect that decision by revising Export Control Classification Number (ECCN) 1C352, which controls certain animal pathogens, to narrow the scope of the listing for mycoplasma mycoides in this ECCN to include only the following subspecies and strains: Mycoplasma mycoides subspecies mycoides SC (small colony) and Mycoplasma capricolum subspecies capripneumoniae ("strain F38").

Since mycoplasma F38 (i.e., Mycoplasma capricolum subspecies capripneumoniae ("strain F38")) is now specifically identified and controlled under ECCN 1C352 and the select agent mycoplasma mycoides capri is no longer controlled under this ECCN, this rule makes conforming changes to the list of unilaterally controlled select agents in ECCN 1C360 by removing mycoplasma F38 from the listing of mycoplasma controlled under this ECCN and adding mycoplasma mycoides capri. All Mycoplasma capricolum, except subspecies capripneumoniae, continues to be controlled under ECCN 1C360.

Licensing requirements remain unchanged. The EAR license requirements that apply to the specific items affected by the amendments to ECCN 1C352 and 1C360 (described above) remain unchanged. The affected items in these ECCNs continue to require a license for export or reexport to all countries or destinations indicated under CB Column 1 or AT Column 1 on the Commerce Country Chart (15 CFR Part 738, Supplement No. 1).

Croatia Added to List of AG Participating Countries

This rule also amends the EAR to reflect the addition of Croatia as the newest participating country in the AG (which now includes a total of 40 countries). The Commerce Country Chart is revised by removing the license requirements indicated for Croatia, under CB Column 2, to conform with the country scope of the CB license requirements that apply to other AG participating countries. 15 CFR Part 740, Supplement No. 1 (Country Groups) is revised to add Croatia to Country Group A:3 (Australia Group). The definition of "Australia Group" in 15 CFR 772.1 is updated by adding Croatia to the list of participating countries.

Reference to WHO Laboratory Biosafety Manual in ECCN 2B352.a Updated

In addition to the AG plenary meeting changes described above, this rule amends the EAR by revising the Technical Note to ECCN 2B352.a to update a reference therein to the World Health Organization (WHO) "Laboratory Biosafety Manual" to identify the current edition of the manual.

List of CWC States Parties Updated

This final rule also amends Supplement No. 2 to Part 745 of the EAR (States Parties to the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction) by:

revising the heading to read "List of States Parties as of August 1, 2007"

adding Barbados (which became a State Party to the CWC on April 6, 2007)

(As a result of this change, the CW (Chemical Weapons) license requirements and policies that apply to Barbados now conform with those applicable to other CWC States Parties, as described in 15 CFR 742.18.)

clarifying the scope of the entry for "China" to indicate that, for CWC purposes only, China includes "Macau," as well as "Hong Kong."

Saving Clause

Shipments of items removed from eligibility for export or reexport under a license exception or without a license (i.e., under the designator "NLR") 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, on October 12, 2007, pursuant to actual orders for export or reexport 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 reexported before October 29, 2007. Any such items not actually exported or reexported before midnight, on October 29, 2007, require a license in accordance with this regulation.

"Deemed" exports of "technology" and "source code" removed from eligibility for export under a license exception or without a license (under the designator "NLR") as a result of this regulatory action may continue to be made under the previously available license exception or without a license (NLR) before October 29, 2007. Beginning at midnight on October 29, 2007, 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 regulation.

¹The Australia Group is a multilateral forum, consisting of 40 participating countries, that maintains export controls on a list of chemicals, biological agents, and related equipment and technology that could be used in a chemical or biological weapons program.

- comments may be submitted on a continuing basis

BIS contact - Elizabeth Scott (202) 482-3343

BIS final rule (D/N 070705267-7492-01, FR Pub 09/12/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-18018.pdf.