itar 03 March 2023

Department of State finalises rule to ‘consolidate’ ITAR purposes and definitions

The Federal Register, 27 February, notes that

‘The Department of State published an interim final rule on March 23, 2022, effective September 6, 2022, amending the International Traffic in Arms Regulations (ITAR) to better organize the purposes and definitions of the regulations. After reviewing the comments received in response to that interim final rule, the Department is now responding to public comments and finalizing the interim final rule, including making minor amendments.’

Amongst those amendments: ‘

  • In § 120.13…the Department adds a new paragraph (c) to provided notice of the availability of exemptions to registration.
  • In § 120.40(g) (formerly found at § 120.45(f)), the Department amends the final clause of the second sentence to revise reference from “a technical data license” to “a license”.’

It notes: ‘This revision is in accordance with a future rulemaking, RIN 1400-AE26, to revise descriptions of licenses in order to bring usage into better conformity with the definition of license at § 120.57(a) (formerly found at § 120.20) and the approved information collections from which licenses are issued, and which was not included in that rulemaking.’

Also, in § 121.1, ‘The Department amends Category XIII(l), by correcting the closing parenthetical to the paragraph by removing an errant close parenthesis within the parenthetical.’

https://www.federalregister.gov/documents/2023/02/27/2023-03828/international-traffic-in-arms-regulations-consolidation-and-restructuring-of-purposes-and