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New Export Controls Regulations on Genomic Software

New export controls regulations by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) to add a new Export Controls Classification Number (ECCN) 2D352 have been released regarding genomic software.

The BIS Rule- 86 FR 54814 - Published 10-05-2021, amends the Export Administration Regulations (EAR) to implement the decision made at the Australia Group (AG) Virtual Implementation Meeting session held in May 2021, and later adopted pursuant to the AG’s silence procedure, that updated the AG Common Control List for dual-use biological equipment by adding controls on nucleic acid assembler and synthesizer “software” that is capable of designing and building functional genetic elements from digital sequence data.

This new ECCN applies to software that is (1) designed for nucleic acid assemblers and synthesizers described on the Common Control List; and (2) capable of designing and building functional genetic elements from digital sequence data. Software controlled under the new ECCN 2D352 requires a license for chemical and biological weapons (“CB”) and anti-terrorism (“AT”) reasons when exported, reexported or transferred (in-country) to the destination countries identified in CB Column 2 and AT Column 1 (see Commerce Country Chart).

Please reach out to Patricia Pfister, Export Controls Compliance Officer, Office of Research Integrity at ORI@uic.edu or uicexport@uic.edu for additional information and questions about countries and licenses necessary if exporting software or using source code on campus.