Chemicals, Biologics Export Controls Beefed up

NONPROLIFERATION

In its continuing effort to stem the spread of chemical and biological weapons, the Commerce Department has issued a final export-control rule to prevent diversion of dual-use chemicals, biologics, and related equipment. Items listed in the department's Export Administration Regulations will now require export licenses to all destinations worldwide.

According to Commerce's Bureau of Industry & Security, before the March 30 rule-making, the license requirement for listed items applied only to exports to "certain countries of concern." BIS says the new controls are being imposed "for foreign policy reasons" and go into effect on April 29.

The final rule brings U.S. export controls in line with those of the Australia Group's "Guidelines for Transfers of Sensitive Chemical or Biological Items." The guidelines currently cover more than 50 dual-use chemical precursors, dual-use chemical-weapons-related production equipment, more than 100 pathogens and toxins, and dual-use biological-weapons-related production equipment.

The Australia Group is an informal association of 38 members, including the U.S., plus the European Commission. It was formed in 1984 in response to the massive use of chemical weapons during the Iran-Iraq war.

The group's aim is to keep those industries in countries that are exporting items from inadvertently aiding weapons proliferation. Though it has no enforcement powers, it provides a forum for harmonizing export controls.