Controlled Chemicals

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) may require a license to export certain chemicals listed in the Chemical Weapons Convention (CWC) provisions of the Export Administration regulations (EAR).

Controlled chemicals on the list include:

Chemicals- Toxic and Precursor List

ECCN Description

1C350 Chemicals that may be used as Precursors for Toxic Chemical Agents

1C351 Human and Zoonotic Pathogens and Toxins

1C352 Families of Chemicals not controlled by 1C350

1C355 Mixtures and medical, analytical, diagnostic, and food testing kits not controlled by 1C350

1C991 Vaccines, immunotoxins, medical products, diagnostic and food testing kits

1C995 Other mixtures, that contain chemicals in 1C350 and 1C355

1E001 “Technology” for the production and development of controlled items

1E355 “Technology” for the production of chemicals in Schedule 2 and 3

Additionally, a license is required to export the following chemicals listed in the U.S. Department of State, Directorate of Defense Trade Controls (DDTC), International Traffic in Arms Regulations (ITAR):

CATEGORY XIV—TOXICOLOGICAL AGENTS, INCLUDING CHEMICAL AGENTS, BIOLOGICAL AGENTS, AND ASSOCIATED EQUIPMENT

(a) Chemical agents, to include nerve agents

(b) Biological agents and biologically derived substances specifically developed, configured, adapted, or modified for the purpose of increasing their capability to produce casualties in humans or livestock, degrade equipment or damage crops.

(d) Tear gases and riot control agents

(e) Defoliants

(f) Equipment and its components, parts, accessories, and attachments specifically designed or modified for military operations and compatibility with military equipment

(g) Antibodies, polynucleoides, biopolymers or biocatalysts specifically designed or modified for use with articles controlled in (f).

(h) Medical countermeasures, to include pre- and post-treatments, vaccines, antidotes and medical diagnostics, specifically designed or modified for use with the chemical agents listed in (a) and vaccines with the sole purpose of protecting against biological agents identified in (b). Examples include: barrier creams specifically designed to be applied to skin and personal equipment to protect against vesicant agents controlled in (a); atropine auto injectors specifically designed to counter nerve agent poisoning.

(i) Modeling or simulation tools specifically designed or modified for chemical or biological weapons design, development or employment. The concept of modeling and simulation includes software covered by paragraph (m) specifically designed to reveal susceptibility or vulnerability to biological agents or materials listed in (b).

(j) Test facilities specifically designed or modified for the certification and qualification of articles controlled in (f).

(k) Equipment, components, parts, accessories, and attachments, exclusive of incinerators (including those which have specially designed waste supply systems and special handling facilities), specifically designed or modified for destruction of the chemical agents in (a) or the biological agents in (b) This destruction equipment includes facilities specifically designed or modified for destruction operations.

(l) Tooling and equipment specifically designed or modified for the production of articles controlled by (f).

(m) Technical data and defense services related to the defense articles enumerated in (a) through (l). Technical data directly related to the manufacture or production of any defense articles that are designated as Significant Military Equipment (SME) shall itself be designated as SME

NOTE:

1) Does not control formulations containing 1% or less CN or CS or individually packaged tear gases or riot control agents for personal self-defense purposes.

2) XIV(a) and (d) do not include the following:

(1) Cyanogen chloride;
(2) Hydrocyanic acid;
(3) Chlorine;
(4) Carbonyl chloride (Phosgene);
(5) Ethyl bromoacetate;
(6) Xylyl bromide;
(7) Benzyl bromide;
(8) Benzyl iodide;
(9) Chloro acetone;
(10) Chloropicrin (trichloronitromethane);
(11) Fluorine;
(12) Liquid pepper.

3) Pharmacological formulations containing nitrogen mustards and certain reference standards for these drugs are not considered to be chemical agents and are licensed by the Department of Commerce when:

(1) The drug is in the form of a final medical product; or
(2) The reference standard contains salts of HN2 [bis(2-chloroethyl) methylamine], the quantity to be shipped is 150 milligrams or less, and individual shipments do not exceed twelve per calendar year per end user.