BIS Puts Temporary 500-Series EAR Controls on Biosensors
The Bureau of Industry and Security is adding specified biosensor systems and associated software and technology to Export Control Classification Numbers in the new 500 series, for items that warrant Commerce control but aren’t currently identified in existing regulations. In an interim final rule published in the Federal Register, the Bureau said those items will be classified under Export Control Classification Numbers 0Y521 series, a sort of catch-all category equivalent to U.S. Munitions List Category XXI, which covers miscellaneous articles (see 12041302 for more on the final rule).
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BIS previously described the series as a temporary holding classification as the government decides whether to adopt multilateral controls, long-term controls or determines that the items don’t warrant control. Those items would require a license for export and reexport to all destinations, excluding Canada, and are subject to a case-by-case license review policy through regional stability controls. Items are added to ECCN 0Y521 upon a determination by the Departments of Commerce, Defense and State that they provide “at least a significant military or intelligence advantage to the United States or because foreign policy reasons justify such control,” the rule said.
The interim final rule classifies biosensor systems as 0A521, software as 0D521 and technology as 0E521. ECCN 0A521 includes biosensor systems and dedicated detecting components which can detect certain aerosolized bioagents, among other characteristics. EECN 0D521 includes software for the function of biosensor systems controlled by the previous category. EECN 0E521 includes technology for the development and production of biosensor systems controlled under 0A521.
BIS is accepting comments on the interim final rule. They are due May 28 and can be submitted through www.regulations.gov or publiccomments@bis.doc.gov.
(Federal Register 3/28/13)