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2010-09-23
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Implementation of the Understandings Reached at the June 2002 Australia Group (AG) Plenary Meeting and the AG Intersessional Decision on Cross Flow Filtration Equipment-Chemical and Biological Weapons Controls in the Export Administration Regulations
Rules and Regulations
D09002ee1bdebf646
D09002ee1bdebf6c2
United States
Department of Commerce
originator
org
United States Government Agency or Subagency
United States
Bureau of Industry and Security
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org
United States Government Agency or Subagency
The Bureau of Industry and Security (BIS) is publishing this final rule to describe the understandings reached at the June 2002 plenary meeting of the Australia Group (AG) and to amend the Export Administration Regulations (EAR), as needed, to implement these AG understandings. This final rule amends the licensing policy provisions in the EAR that apply to exports and reexports of items on the AG control list by clarifying several factors that are among those used to evaluate license applications for these AG-listed items and by identifying additional factors not previously listed in the EAR. In addition, this rule clarifies the circumstances under which BIS would deny license applications to export or reexport these AG-listed items. All of these changes are intended to ensure that the EAR provisions that apply to AG-listed items are consistent with the ``Guidelines for Transfers of Sensitive Chemical or Biological Items,'' which were adopted at the June 2002 AG plenary meeting. This rule also implements understandings reached at the June 2002 plenary meeting concerning AG controls on fermenters and toxins. The control threshold for AG-listed fermenters described on the Commerce Control List (CCL) is lowered from a capacity of 100 liters or greater to a capacity of 20 liters or greater. In addition, this rule adds eight new toxins to the list of AG-listed human and zoonotic pathogens and toxins described on the CCL. In addition to the AG plenary meeting changes described above, this rule implements an AG intersessional decision concerning cross (tangential) flow filtration equipment. The rule makes corrections in four CCL entries that contain AG- listed items. One entry, containing AG-listed genetic elements and genetically modified organisms, is amended to correct errors in the use of the terms ``organism'' and ``microorganism.'' Another entry, containing AG-listed chemical manufacturing facilities and equipment, is amended to clarify the scope of that entry's controls on certain valves containing nickel and nickel alloys and on agitators for use in reaction vessels or reactors. Two other CCL entries are amended to clarify the license requirements that apply to technology for the ``development'' or ``production'' of AG-listed valves containing nickel and nickel alloys. In addition, the rule amends the AG-based licensing provisions in the EAR to identify certain CCL entries that were inadvertently omitted when BIS amended these provisions on previous occasions. Finally, this rule updates the list of countries that are currently States Parties to the Chemical Weapons Convention (CWC) by adding six countries that recently became States Parties: Andorra, Guatemala, Palau, Saint Vincent and the Grenadines, Samoa, and Thailand.
68 FR 34526
https://www.govinfo.gov/app/details/FR-2003-06-10/03-14602
03-14602
fr10jn03-4
RIN 0694-AC70
3510-33-P
Docket No. 030523133-3133-01
https://www.govinfo.gov/app/details/FR-2003-06-10/03-14602
https://www.govinfo.gov/content/pkg/FR-2003-06-10/html/03-14602.htm
https://www.govinfo.gov/content/pkg/FR-2003-06-10/pdf/03-14602.pdf
Exports
Foreign Trade
Administrative Practice and Procedure
Chemicals
Reporting and Recordkeeping Requirements
8 p.
34526
34533
68 FR 34526
Code of Federal Regulations
Title 15 Part 742
15 CFR Part 742
Code of Federal Regulations
Title 15 Part 745
15 CFR Part 745
Code of Federal Regulations
Title 15 Part 774
15 CFR Part 774
Regulation Identification Number 0694-AC70
RIN 0694-AC70
Implementation of the Understandings Reached at the June 2002 Australia Group (AG) Plenary Meeting and the AG Intersessional Decision on Cross Flow Filtration Equipment-Chemical and Biological Weapons Controls in the Export Administration Regulations; Federal Register Vol. 68, Issue
RULE
03-14602
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
2003-06-10
Docket No. 030523133-3133-01
3510-33-P
03-14602
Final rule.
The Bureau of Industry and Security (BIS) is publishing this final rule to describe the understandings reached at the June 2002 plenary meeting of the Australia Group (AG) and to amend the Export Administration Regulations (EAR), as needed, to implement these AG understandings. This final rule amends the licensing policy provisions in the EAR that apply to exports and reexports of items on the AG control list by clarifying several factors that are among those used to evaluate license applications for these AG-listed items and by identifying additional factors not previously listed in the EAR. In addition, this rule clarifies the circumstances under which BIS would deny license applications to export or reexport these AG-listed items. All of these changes are intended to ensure that the EAR provisions that apply to AG-listed items are consistent with the ``Guidelines for Transfers of Sensitive Chemical or Biological Items,'' which were adopted at the June 2002 AG plenary meeting. This rule also implements understandings reached at the June 2002 plenary meeting concerning AG controls on fermenters and toxins. The control threshold for AG-listed fermenters described on the Commerce Control List (CCL) is lowered from a capacity of 100 liters or greater to a capacity of 20 liters or greater. In addition, this rule adds eight new toxins to the list of AG-listed human and zoonotic pathogens and toxins described on the CCL. In addition to the AG plenary meeting changes described above, this rule implements an AG intersessional decision concerning cross (tangential) flow filtration equipment. The rule makes corrections in four CCL entries that contain AG- listed items. One entry, containing AG-listed genetic elements and genetically modified organisms, is amended to correct errors in the use of the terms ``organism'' and ``microorganism.'' Another entry, containing AG-listed chemical manufacturing facilities and equipment, is amended to clarify the scope of that entry's controls on certain valves containing nickel and nickel alloys and on agitators for use in reaction vessels or reactors. Two other CCL entries are amended to clarify the license requirements that apply to technology for the ``development'' or ``production'' of AG-listed valves containing nickel and nickel alloys. In addition, the rule amends the AG-based licensing provisions in the EAR to identify certain CCL entries that were inadvertently omitted when BIS amended these provisions on previous occasions. Finally, this rule updates the list of countries that are currently States Parties to the Chemical Weapons Convention (CWC) by adding six countries that recently became States Parties: Andorra, Guatemala, Palau, Saint Vincent and the Grenadines, Samoa, and Thailand.
This rule is effective June 10, 2003.
Douglas Brown, Office of Chemical and Biological Controls and Treaty Compliance, Bureau of Industry and Security, Telephone: (202) 482-7900.
Exports
Foreign Trade
Administrative Practice and Procedure
Chemicals
Reporting and Recordkeeping Requirements
Export administration regulations:
Commerce Control List
Chemical and biological weapons controls; cross flow filtration equipment; Australia Group understandings implementation,
Federal Register
Vol. 68, no. 111
Office of the Federal Register, National Archives and Records Administration
2003-06-10
continuing
daily
deposited
born digital
269 p.
Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2003-06-10
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https://www.govinfo.gov/app/details/FR-2003-06-10
https://www.govinfo.gov/content/pkg/FR-2003-06-10/pdf/FR-2003-06-10.pdf
https://www.govinfo.gov/content/pkg/FR-2003-06-10/xml/FR-2003-06-10.xml
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2010-09-23
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FR-2003-06-10
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FR
FR-2003-06-10
68
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