Implementation of the Understandings Reached at the June 2006 Australia Group (AG) Plenary Meeting; Clarifications and Corrections; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)

The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the June 2006 plenary meeting of the Australia Group (AG). Specifically, this final rule amends the EAR to reflect changes to the AG "Control List of Biological Agents" by revising the Commerce Control List (CCL) entry that controls certain human and zoonotic pathogens and toxins to add certain fungi (i.e., Coccidioides immitis and Coccidioides posadasii) and toxins (i.e., Shiga-like ribosome inactivating proteins other than verotoxin). Verotoxin continues to be listed under this CCL entry. Prior to the publication of this rule, the fungi Coccidioides immitis and Coccidioides posadasii and Shiga-like ribosome inactivating proteins other than verotoxin were listed under the CCL entry containing unilaterally controlled select agents and toxins not included on any of the AG Common Control Lists--this rule removes these items from that CCL entry. As a result of the addition of Shiga-like ribosome inactivating proteins other than verotoxin to the CCL entry that controls certain human and zoonotic pathogens and toxins, this rule makes conforming changes to two additional CCL entries (i.e., the CCL entry that controls certain AG-listed genetic elements and genetically modified organisms and the CCL entry that controls vaccines, immunotoxins, medical products, and diagnostic and food testing kits). This rule also amends the EAR to reflect changes to the AG "Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology" by expanding the scope of the CCL entry that controls certain chemical manufacturing facilities and equipment to include equipment in which all surfaces that come in direct contact with the chemical(s) being processed or contained are made from niobium (columbium) or niobium alloys. In addition, this final rule corrects errors in two CCL entries that were amend