State Dept. Regulatory Agenda Includes New Mentions of Revisions to ITAR, USML
The State Department published its spring 2022 regulatory agenda, including a new mention of a final rule that will expand the types of defense items and services that can be sent to Australia, the U.K. and Canada. The rule would specifically amend the International Traffic in Arms Regulations to expand certain trade under existing defense trade treaties between the countries, and would also amend the Canadian exemptions. Other changes will make “clarifying amendments and conforming updates” to Supplement No. 1 to part 126 of the ITAR, specifically to U.S. Munitions List Categories IV(i), manufacturing know-how, and Category XII, night vision entries. The agency hopes to issue the rule this month.
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The agenda also newly mentioned a notice of proposed rulemaking that would expand the ITAR’s definition of activities that are not exports, reexports, retransfers or temporary imports. Under the rule, the definition will include the “taking of defense articles by the armed forces of a foreign government or United Nations personnel on a deployment or training exercise outside a previously approved country,” the State Department said. The definition would also apply to certain reexports and retransfers that haven’t been “modified, enhanced, upgraded or otherwise altered or improved or had a U.S.-origin defense article integrated into it.” The agency had planned to issue the rule in June.
The State Department also mentioned a new interim final rule that will clarify and update parts of Supplement No. 1 to Part 126 of the ITAR. The rule will make “modifications to further the use of the Defense Trade Cooperation Treaties.” The agency had planned to issue the rule in June.
The agenda also continued to mention an interim final rule to remove and add items to the USML, including critical and emerging technologies that warrant inclusion; a notice of inquiry that will seek public comments on adding emerging technologies to the USML; and a proposed rule that will amend controls on launch vehicles, ballistic missile, spacecraft and other items. The State Department had hoped to issue the first two rules in June and plans to issue the last rule in September.
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: ITAR Exemptions |
| 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: Amendment to the Definition of Activities That Are Not Exports, Reexports, Retransfers, or Temporary Imports |
| 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: 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: Corrections and Clarifications for Export and Reexport; Canadian Exemptions; Transfers to Dual and Third Country National Employees Exemption; and Voluntary |
| *International Traffic in Arms Regulations: Update to Supplement No. 1 of Part 126 |
| *International Traffic in Arms Regulations: Amendments to Supplement No. 1 to part 126 in Support of Allies |
| International Traffic in Arms Regulations: Activities Not Exports, Re-Exports or Transfers |