Government Contracts ITAR Rule Implements Burden Reductions
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Tuesday, October 23, 2018

ITAR Rule Implements Burden Reductions

By Government Contracts Editorial Staff

An interim final rule issued by the Department of State removes a notification requirement from the International Traffic in Arms Regulations and revises entries on the United States Munitions List (ITAR 121.1). The rule follows a request for comments (82 FR 32493) seeking public feedback on how the Department could achieve meaningful burden reduction while continuing to achieve its statutory obligations. In response to comments, the rule amends ITAR 123.22(b) and (c) to eliminate a requirement to return licenses for tech data. In addition, the rule revises USML Category XV(f) to resolve an inconsistency related to mission integration and launch failure analysis; adds Note 2 to Category IV(d) to clarify controls on satellite and spacecraft thrusters; adds Note 3 to Category V to clarify the need for Department approval for exports, reexports, or retransfers of materials described in Export Control Classification Number 1C608 of the Commerce Control List (Supplement No. 1 to EAR Part 774); updates Category VIII(h)(12) to address controls over unmanned aerial vehicle flight control systems and vehicle management systems with swarming capability; adds a note to Category XI(a)(3)(i) to allow commodity jurisdiction reviews of airborne radars that will be used by commercial drones; and revises Category XI(c)(4) to implement power thresholds that will exclude certain components necessary for 5G wireless technology. The interim final rule went into effect October 4, 2018. Comments on the rule are due November 19, 2018. For the text of the rule, see ¶70,445.125.

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