DDTC publishes interim rule to ‘better organize’ ITAR part 120
The US Department of State has published an interim rule which ‘restructures part 120 of the ITAR to better organize the definitions previously found in that part and other locations throughout the ITAR and to consolidate provisions that provide background information or otherwise apply throughout the regulations. In addition, this rule adds text not previously found in the ITAR and makes clarifying revisions to existing text. This rule is intended to be the first in a series of rulemakings that will further streamline and clarify the subchapter.’
Amongst the changes are: ‘
Section 120.1 General Authorities
Revising the section heading of existing § 120.1 from “General authorities, receipt of licenses, and ineligibility” to “General Authorities” to reflect the revised focus of the section. Revising the introductory paragraph of § 120.1(a) to clarify the manner of delegation by the Secretary of State to the Deputy Assistant Secretary of State for Defense Trade Controls, Bureau of Political-Military Affairs of the authority to administer the ITAR.
Section 120.2 Designation of Defense Articles and Defense Services
Revising the fifth sentence of existing § 120.2 to include a limitation to defense articles and defense services “on the USML in part 121 of this subchapter” in order to account for the delegation to the Attorney General of the authority to designate defense articles and services subject to control for permanent import by section 1(n)(ii) of Executive Order 13637.
Section 120.4 Commodity Jurisdiction
Revising existing § 120.4 to limit it to a statement of policy, by relocating its procedural aspects. Former paragraphs (c) through (g) of § 120.4, which provide information about the procedures and processes for submitting a commodity jurisdiction request, have been relocated to new § 120.12 titled Commodity Jurisdiction Determination Requests.’
See the interim rule in its entirety at: https://www.federalregister.gov/documents/2022/03/23/2022-05629/international-traffic-in-arms-regulations-consolidation-and-restructuring-of-purposes-and
