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September 18, 2008 

DDTC Clarifies Scope of USML Category XIV

The Directorate of Defense Trade Controls has published a final rule in today's Federal Register clarifying that certain drugs containing nitrogen mustards that are used in chemotherapy are not within the definition of "chemical agents'' in USML Category XIV of the U.S. Munitions List (USML). As a result, these types of products are subject to the jurisdiction of the Export Administration Regulations.

Because nitrogen mustards can be used for chemical warfare purposes, the final rule states that the know-how for production of nitrogen mustards or their salts is specifically retained on the USML and subject to the ITAR.

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