SUMMARY: Revisions of Export Licensing Jurisdiction of Chemicals Based on Review of the U.S. Munitions List.

On July 19, 2004, the Department of Commerce issued a final rule amending the Export Administration Regulation (EAR), 15 CFR Parts 742, 748, 770, and 774. This regulation complements the Department of States' rule, dated November 27, 2003, in which the U.S. Munitions List was also amended.

This amendment contains the following changes that impact the Bureau of Industry and Security's (BIS) Chemical Weapons Convention (CWC) program:

• Chloropicrin (CAS 76-06-2) has been moved from the USML to the Export Administration Regulations' (EAR) Commerce Control List (CCL). Chloropicrin is now classified under export control classification number (ECCN) 1C355. No license is required for exports to CWC State Parties, but an end-use certificate (EUC) is required to be submitted to BIS for exports to States not party to the CWC and a license is required to re-export from a State not Party to the CWC to any other State not Party to the CWC. See Section 745.2 of the EAR for EUC requirements.
• Three Schedule 1 chemicals have been moved from the CCL to Category XIV of the USML (i.e., QL, DF, and Ethylphosphonyl diflouride).
• Three Schedule 2 Chemicals have been moved from CCL to Category XIV of the USML (i.e., Methyl phosphonous dichloride, Methyl phosphonous diflouride, and Methyl phosphonyl dichloride).
• For chemicals on the USML, exporters must comply with Department of State licensing requirements contained in the International Traffic in Arms Regulations (ITAR). Note that Schedule 1 and 2 chemicals may not be exported to States not party to the CWC.