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BIS Promulgates CCL Changes Based on Nuclear Supplier Group Commitments

By Jack Hayes & Ed Krauland on August 21, 2023
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Effective August 18, 2023, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) issued amendments to the Commerce Control List (CCL) (15 CFR Part 774) of the Export Administration Regulations (EAR) to formalize changes based on Nuclear Supplier Group (NSG) commitments to prevent nuclear proliferation and the development of nuclear-related weapons of mass destruction.

The NSG is a multilateral, international export control organization that publishes the NSG Guidelines, including a list of items especially designed or prepared for nuclear uses, also known as the “Trigger List,” and a list of dual-use items (i.e., commodities, software, or technology) that could be used for nuclear proliferation activities. The amendments correspond to changes agreed to as part of NSG plenary meetings in 2019 (Astana, Kazakhstan) and 2022 (Warsaw, Poland), and were previously published as International Atomic Energy Agency (IAEA) Information Circulars that updated the text of Part 2 of the NSG Guidelines and its related Annex. 

In summary, BIS promulgated changes to the following Export Control Classification Numbers (ECCNs):

  • ECCN 1B229 has been removed entirely from the CCL because the only items included thereunder, water-hydrogen sulfide exchange tray columns and internal contractors, have been included in the Annex to Part 1 of the NSG Guidelines, which are subject to the export control jurisdiction of the U.S. Department of Energy (DOE) and the Nuclear Regulatory Commission (NRC).
  • ECCN 1B231 has been changed to make clear that only “hydrogen isotope” purification systems fall within the scope of this ECCN, which previously was ambiguous and could have been read to apply to all purification systems used for other metal hydrides.
  • ECCN 3A233 has been updated to include the modern “u” or “Dalton,” which is a more strictly defined measurement unit that is accepted by the scientific and legal communities, and removed reference to the outdated “atomic mass units.”
  • ECCNs 2B209 and 2B228 have been updated so that they now have internal diameters of between 75 mm to 650 mm, as compared to the previously published diameters of between 75 mm to 400 mm, to more appropriately control certain: (1) flow forming and spin forming machines and mandrels and (2) rotor fabrication and assembly equipment, respectively.  BIS applied these changes to correspond to earlier NSG changes that applied to gas centrifuges, but had not yet been updated in these ECCNs for the machine tools used to produce them.

These regulatory changes were not self-initiated by BIS, but reflect legal harmonization based upon multinational standards published by the NSG. The commitments should help to promote uniform application of nuclear-related export controls promulgated by BIS. Of course, as we previously published, persons involved in U.S. nuclear trade also should consider export regulatory regimes issued by DOE and NRC, including new restrictions related to China, Macau, and Hong Kong.

For more questions about this development or additional information, please contact a member of Steptoe’s Export Controls practice.

Photo of Jack Hayes Jack Hayes

Jack Hayes has extensive experience providing clients with advice and assistance under ITAR and EAR, as well as US economic sanctions and anti-boycott regulations. Jack frequently handles complex export control matters, including voluntary disclosures, internal investigations of apparent export control violations, pre-closing and…

Jack Hayes has extensive experience providing clients with advice and assistance under ITAR and EAR, as well as US economic sanctions and anti-boycott regulations. Jack frequently handles complex export control matters, including voluntary disclosures, internal investigations of apparent export control violations, pre-closing and post-closing acquisition export compliance due diligence, export control audits, and assessments of compliance obligations and risks in accordance with relevant international trade regulations. He also provides guidance on brokering requirements and reporting obligations for certain fees, commissions, and political contributions related to sales of defense articles and defense services, prepares export and reexport license and agreement applications for submission, undertakes commodity jurisdiction and export classification analyses of items and services under the ITAR and EAR, drafts registration material change notifications, and develops compliance policies, programs, and training materials.

Read Jack’s full bio.

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Photo of Ed Krauland Ed Krauland

Edward J. Krauland focuses on export controls/economic sanctions. Ed’s extensive experience includes representing clients on matters involving US and multilateral economic sanctions, defense and nuclear export controls, dual-use export controls under the EAR, anti-boycott compliance, internal investigations and enforcement work, and review of…

Edward J. Krauland focuses on export controls/economic sanctions. Ed’s extensive experience includes representing clients on matters involving US and multilateral economic sanctions, defense and nuclear export controls, dual-use export controls under the EAR, anti-boycott compliance, internal investigations and enforcement work, and review of government procurement regulations in the cross-border context. His practice spans all aspects of these laws, including counseling, compliance work, transactional advice, licensing and opinion work, internal reviews, disclosures, and enforcement actions. He has served as co-chair of the International Trade Committee of the ABA Section of International Law and Practice. He is former Chairman of an ABA-wide Task Force on Gatekeeper Regulation (anti-money laundering compliance), and senior adviser to the ABA Section of International Law and Practice’s anti-money laundering committee.

Read Ed’s full bio.

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  • Posted in:
    Technology and AI
  • Blog:
    International Compliance Blog
  • Organization:
    Steptoe LLP

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