Government Contracts Interim Final Rule Revises ITAR Definitions
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Wednesday, January 22, 2020

Interim Final Rule Revises ITAR Definitions

By Government Contracts Editorial Staff

The Department of State has amended the International Traffic in Arms Regulations at ITAR 120.17 through ITAR 120.19 and ITAR 120.50 through ITAR 120.55. The interim final rule combines existing ITAR text with new text regarding secured unclassified technical data to create a definition of “activities that are not exports, reexports, retransfers, or temporary imports.” The activities included in the new definition are: launching items into space, providing technical data to United States persons within the U.S. or within a single country abroad, and moving a defense article between U.S. states, possessions, and territories. The definition also clarifies that the electronic transmission and storage of properly secured unclassified technical data via foreign communications infrastructure does not constitute an export. Further, the rule creates a definition for “access information” and revises the definition of “release” to address providing access information to an unauthorized foreign person. This rule goes into effect March 25, 2020, and comments on the rule are due January 27, 2020. For the text of the rule, see ¶70,445.128.

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