DDTC Finalizes First ITAR Reorganization Rule
The State Department’s Directorate of Defense Trade Controls this week finalized its first reorganization rule for its defense trade regulations (see 2203220013), addressing some commenters’ concerns and recommendations. But DDTC didn’t make many substantial changes in the final rule, which takes effect Feb. 27, saying it would consider some revisions in future rulemakings and stressing that this rule was “focused on movement and consolidation” of the International Traffic in Arms Regulations.
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Commenters last year asked DDTC to make several additional changes and clarifications to the interim reorganization rule (see 2205160026), which was issued in March 2022, including one that could provide clearer definitions for end-use and end-user. The agency said it didn’t plan to revise the text of the ITAR to provide the clearer definitions but said it would “take the recommendation under consideration” and may address it in a future rule.
DDTC also addressed a commenter recommendation, but didn't make changes, related to an “unintended reduction in the scope of technical data designated as Significant Military Equipment." The agency did, however, make changes based on a commenter's recommendation surrounding the agency's "policy statement" for registration requirements. DDTC also said it’s working to address one request that said the agency should clarify and better distinguish between the terms “designation,” which is used to identify defense articles and services on the U.S. Munitions List, and “determination,” which is used in commodity jurisdiction determinations.
“The Department notes that it is working to increase clarity regarding terms designation and determination, and did so where possible in the interim final rule,” DDTC said. "The Department notes its expressed intent to limit substantive amendments and to focus on restructuring and consolidation of existing text in this rulemaking. DDTC will make note of the recommendation for consideration in future rulemaking.”