Government Contracts ITAR Provisions Suspended in Response to COVID-19 Emergency
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Thursday, May 28, 2020

ITAR Provisions Suspended in Response to COVID-19 Emergency

By Pension and Benefits Editorial Staff

The Department of State has announced temporary suspensions, modifications, and exceptions to several provisions of the International Traffic in Arms Regulations. The May 1, 2020, notice (85 FR 25287) provides for a temporary suspension, modification, and exception to the expiration date of some ITAR registrations, licenses, and agreements. It also provides a temporary suspension, modification, and exception to the ITAR 120.39(a)(2) requirement for regular employees to work at the company’s facilities, to allow the individual to work at a remote work location, so long as the individual is not located in Russia or a country listed in ITAR 126.1. Finally, the notice authorizes regular employees of licensed entities who are working remotely in a country not currently authorized by a technical assistance agreement, manufacturing license agreement, or exemption to send, receive, or access any technical data authorized for export, reexport, or retransfer to their employer via a technical assistance agreement, manufacturing license agreement, or exemption, unless the employee is located in Russia or a country listed in ITAR 126.1. The Department took these actions pursuant to ITAR 126.2 and ITAR 126.3 to ensure continuity of operations within the Directorate of Defense Trade Controls and among entities registered with DDTC pursuant to the ITAR during the SARS-COV2 public health emergency.

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