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

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