Bureau of Industry and Security December 2024 – Federal Register Recent Federal Regulation Documents

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to implement changes agreed to by Australia Group (AG) member countries at recent meetings. These include controlling: instruments for the automated chemical synthesis of peptides (automated peptide synthesizers), dipropylamine, and neosaxitoxin; and revising the controls for botulinum toxins, toxic gas monitors, and centrifugal separators. This rule also makes minor conforming changes for the new controls and revisions to existing controls.

The Bureau of Industry and Security (BIS) is seeking public comments on the impact that implementation of the Chemical Weapons Convention (CWC or "the Convention"), through the Chemical Weapons Convention Implementation Act of 1998 and the Chemical Weapons Convention Regulations (CWCR), has had on commercial activities involving "Schedule 1" chemicals during calendar year 2024. The purpose of this notice of inquiry is to collect information to assist BIS in its preparation of the annual certification to the Congress on whether the legitimate commercial activities and interests of chemical, biotechnology, and pharmaceutical firms are harmed by such implementation. This certification is required under Condition 9 of Senate Resolution 75 (April 24, 1997), in which the Senate gave its advice and consent to the ratification of the CWC.

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding 140 entities to the Entity List. These entries are listed on the Entity List under the destinations of China, People's Republic of (China), Japan, South Korea, and Singapore and have been determined by the U.S. Government to be acting contrary to the national security and foreign policy interests of the United States. This final rule also modifies 14 existing entries on the Entity List, consisting of revisions to 14 entries under China. This final rule publishes concurrently with BIS's interim final rule, "Foreign-Produced Direct Product Rule Additions, and Refinements to Controls for Advanced Computing and Semiconductor Manufacturing Items" (0694-AJ74), which makes additional changes to the EAR controls on advanced computing items and semiconductor manufacturing items. This final rule is part of this larger effort to ensure that appropriate EAR controls are in place on these items, including in connection with transactions destined to or otherwise involving the entities being added to the Entity List, as well as for existing entries on the Entity List that are being modified. All of these entities (those newly added and those being modified) are involved with the development and production of "advanced-node integrated circuits" ("advanced-node ICs") and/or semiconductor manufacturing items, and/or have supported the Chinese government's Military-Civil Fusion (MCF) Development Strategy. Additionally, this final rule designates nine of these entities being added and seven of the entries being modified as entities for which entity-specific restrictions involving foreign-produced items apply. This final rule also amends the EAR by removing three entities from the Validated End- User (VEU) Program.