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DOC/BIS RIN: 0694-AI08 Publication ID: Spring 2020 
Title: ●Commerce Control List: Proposed Controls on "Software" for the Operation of Certain Automated Nucleic Acid Assemblers and Synthesizers; Request for Comments 

BIS is publishing this proposed rule to amend the Commerce Control List (CCL) by adding a new Export Control Classification Number (ECCN) 2D352 to control "software" for the operation of automated nucleic acid assemblers and synthesizers controlled under ECCN 2B352 that is capable of designing and building functional genetic elements from digital sequence data. These proposed amendments to the CCL are based upon a finding, consistent with the emerging and foundational technologies interagency process set forth in Section 1758 of ECRA (50 U.S.C. 4817), that such "software" is capable of being utilized in the production of pathogens and toxins and, consequently, the absence of export controls on such software could be exploited for biological weapons purposes. This rule also requests public comments to ensure that the scope of these proposed controls will be effective and appropriate (with respect to their potential impact on legitimate commercial or scientific applications).

Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Fully or Partially Exempt 
CFR Citation: 15 CFR 774   
Legal Authority: 50 U.S.C. 4801-4852    50 U.S.C. 4601 et seq.    50 U.S.C. 1701 et seq.    10 U.S.C. 8720    ...   
Legal Deadline:  None
Action Date FR Cite
NPRM  07/00/2020 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Willard Fisher
Export Administration Specialist
Department of Commerce
Bureau of Industry and Security
14th Street and Pennsylvania Avenue NW,
Washington, DC 20230
Phone:202 482-2440
Fax:202 482-3355