On September 12, 2007, the Bureau of Industry and Security, Department of Commerce, published the rule implementing the agreements reached by the Australia Group (AG) member countries at their June 2007 plenary meeting (download a PDF of the rule for ease of reference). The AG is a group of 40 countries (and the European Commission) that have agreed to implement export controls on items deemed to be of chemical and biological weapons concern. Each year the group meets to discuss current controls and discuss proposals to revise the controls. Each country is then required to implement any proposals agreed to at the plenary into their national legislation. The AG controls in the Commerce Control List are designated by the “CB” reason for control (though the United States controls some additional items under “CB” not controlled by the AG).

This year, the AG has agreed to the following changes:

1. (1) Revise the listing for mycoplasma mycoides to include only the specific subspecies and strains of most concern as causative agents of disease in animals. Changes to ECCN 1C352 and 1C360 on the Commerce Control List were made to reflect these changes.
2. (2) Admit Croatia as a new member of the AG. Part 738 of the Export Administration Regulations (EAR) was revised to remove the license requirement under CB Column 2 for Croatia, and Supplement No. 1 to Part 740 was revised to add Croatia to Country Group A:3 (the Australia Group members). For those of you who export items controlled under ECCN 2B350, this change means a license is no longer required for Croatia (provided no end-user/end-use concerns).

Additionally, the rule makes three other changes to the EAR:

1. Revises the Technical Note to ECCN 2B352.a (which controls certain equipment capable of handling bio-materials) to update the edition of the World Health Organization “Laboratory Biosafety Manual” referenced in the Note.
2. Amends the list of countries that are currently States Parties to the Chemical Weapons Convention (CWC) to add Barbados. Thus, CW license requirements and policies applicable to Barbados are now the same as other CWC States Parties.
3. Clarifies that the scope of the China entry on the list of CWC States Parties to note that for CWC purposes only, China includes Hong Kong and Macau.

Please don't hesitate to contact us should you have any questions regarding these regulatory changes.

Regan K. Alberda
alberda.regan@arentfox.com
202.715.8547

Kay C. Georgi
georgi.kay@arentfox.com
202.857.6293