EAR Amended to Reflect Australia Group Decisions; DTAG Meeting; More Penalty Inflation Adjustments

Australia Group EAR Amendments

On April 2, 2018 (83 FR 13849), the Department of Commerce amended the Export Administration Regulations (EAR) to revise the following Export Control Classification Numbers (ECCNs) based on 2017 Australia Group decisions:

  • 1C350 (toxic chemical agent precursors)
  • 1C351 (human and animal pathogens and toxins)
  • 1C353 (genetic elements and genetically-modified organisms)
  • 2B350 (chemical manufacturing facilities and equipment)
  • 2B351 (toxic gas monitors and monitoring systems)
  • 2B352 (equipment capable of use in handling biological materials)

The specific changes, largely intended to clarify the entries, are detailed in the Federal Register Notice.

In addition, due to the admission of India to the Australia Group in January, an international forum for harmonizing for chemical and biological export controls, the Country Commerce Chart (Supplement No. 1 to part 738 of the EAR) was revised to remove the “X” in India’s entry for the CB 2 column (Chemical and Biological Weapons) and India was added to the Australia Group column (A:3) in the Country Groups chart (Supplement No. 1 to part 740 of the EAR).

DTAG to Meet in May

The Defense Trade Advisory Group (DTAG) will meet on May 10, 2018 to discuss the following topics:

  1. Address one remaining task not briefed as final by the IT working group at the February 1 plenary meeting. Pass any remaining work by way of recommendations for further study;
  2. Provide recommended changes to ITAR § 123.17 exemption that would cover other commonly carried Government Furnished Equipment (GFE); and
  3. Further discussion and recommendations with regards to the Defense Services Working Group.

The DTAG meeting is open to the public, with seating limited to 125 persons.  For meeting and registration information, click here for the meeting notice.

OFAC and DHS Inflation Adjustments of Civil Monetary Penalties

On March 19, 2018, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) published inflation adjustments for civil monetary penalties under multiple sets of regulations.  The changes are detailed in the Federal Register Notice, 83 FR 11876.

On April 2, 2018, the Department of Homeland Security (DHS) published inflation adjustments for civil monetary penalties under DHS components, including the Chemical Facility AntiTerrorism Standards (CFATS), U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), and the U.S. Coast Guard.  The changes are detailed in the Federal Register Notice, 83 FR 13826.

(None of the information is intended to be authoritative official or professional legal advice. Consult your own legal counsel or compliance specialists before taking actions based upon this blog or other unofficial sources.)