State Dept. Regulatory Agenda Includes New Mention of Emerging Tech Changes to USML
The State Department published its fall 2021 regulatory agenda, including a new mention of a final rule that will add and remove certain export controls from the U.S. Munitions List, including some emerging technologies. The rule would revise and exclude some entries on the USML that don’t “warrant inclusion,” the agency said, and also add other entries for certain critical and emerging technologies. The changes include revisions to specific paragraphs in the USML and their corresponding parts in the International Traffic in Arms Regulations. The rule will also look to “limit the items categorized in USML Category XXI by updating the appropriate USML paragraph,” the agency said. The State Department plans to issue the rule in July.
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Other new mentions include rules that would revise and move language in the ITAR. One proposed rule would modernize Part 121 of the ITAR -- the USML -- and Supplement No. 1 to Part 126 of the ITAR -- which outlines items that can't be used with certain license exemptions -- in a “manner that enhances its clarity, consistency, and ease of use.” The agency expects to issue the rule in July.
Another new mention is a proposed rule that would amend the ITAR to revise Category XI (military electronics). The rule would revise specific paragraphs in the category to “describe more precisely the articles warranting control on the USML.” The agency expects to issue the rule in April.
The agency continued to mention a prerule that would make a range of USML revisions. The rule will specifically seek industry feedback on new export controls for technologies that are on the “technology frontier.” Feedback will be used to revise and exclude entries on the USML and to “add entries for critical and emerging technologies.” The State Department said it had planned to issue the rule in November 2021.
The State Department continued to mention a rule that would amend the ITAR to clarify definitions for export and reexport, propose to replace the term “national” with “person” in the Canadian exemptions and revise the exemptions for “intra-company, intra-organization, and intra-governmental transfers to dual or third country nationals.” The rule, which is listed in the current agenda as a proposed rulemaking, was listed in the previous agenda as an interim final rule (see 2106200001). The agency hopes to issue the rule in January.
The agenda also continues to mention a final rule that would amend the ITAR to further expand the definition of activities that are not exports, reexports, retransfers or temporary imports (see 1912230052). The rule is expected in January.
Agenda Highlights
Highlights of the State Department's trade-related rulemakings that are at the proposed, final or completed stages are below. New items are marked with an asterisk (*).
| Prerule Stage |
|---|
| International Traffic in Arms Regulations: Targeted USML 2021 Revisions |
| Proposed Rule Stage |
| International Traffic in Arms Regulations: USML Categories VI, VII, XIII and XX |
| International Traffic in Arms Regulations: USML Categories V, X, XI |
| International Traffic in Arms Regulations: USML Categories IV and XV |
| *International Traffic in Arms Regulations: Revision of Category XI of the U.S. Munitions List |
| *International Traffic in Arms Regulations: Edits to Parts 121 and Part 126 |
| *International Traffic in Arms Regulations: Corrections and Clarifications for Export and Reexport; Canadian Exemptions; Transfers to Dual and Third Country National Employees Exemption; and Voluntary |
| Final Rule Stage |
| International Traffic in Arms Regulations: Corrections and Clarifications |
| International Traffic in Arms Regulations: Definitions |
| International Traffic in Arms Regulations: Minor Revisions to USML Categories IV, V, VIII, XI and XV |
| International Traffic in Arms Regulations: Targeted USML 2020 Revisions |
| International Traffic in Arms Regulations: Modifications to USML Category XVI |
| Amendment to the International Traffic in Arms Regulations: Regular Employee |
| International Traffic in Arms Regulations: Revision to Personal Protective Equipment Exemption |
| International Traffic in Arms Regulations: Expansion of Definition of Activities That Are Not Exports, Reexports, Retransfers or Temporary Imports |
| International Traffic in Arms Regulations: USML Corrections and Clarifications |
| International Traffic in Arms Regulations: Revision to Part 120 Definitions |
| *International Traffic in Arms Regulations: Revisions to the U.S. Munitions List |
| Amendment to the International Traffic in Arms Regulations: Tunisia, Eritrea, Somalia, the Democratic Republic of the Congo, Liberia, Cote d'Ivoire, Sri Lanka, Vietnam and Other Changes |
| Amendment to the International Traffic in Arms Regulations: Corrections and Clarifications |
| *International Traffic in Arms Regulations: Addition of Cambodia to List of Proscribed Countries |
| International Traffic in Arms Regulations: Activities Not Exports, Re-Exports or Transfers |