Print PDF

Practice Areas

Clarifications to Defense Trade Regulations Changes Reflecting Export Control Reforms

Friday, October 10, 2014
Sandler, Travis & Rosenberg Trade Report

The Department of State has issued a final rule that, effective Oct. 10, makes the following amendments to the International Traffic in Arms Regulations in an effort to streamline, simplify and clarify the recent revisions made pursuant to the Export Control Reform initiative.

- definitions previously provided in sections 121.3, 121.4, 121.14 and 121.15 are removed from these sections and incorporated into U.S. Munitions List categories VIII, VII, XX and VI, respectively

- USML category II is amended to clarify that grenade launchers are controlled in paragraph (a) as a result of the revisions previously made to category IV pursuant to ECR

- USML category IX is amended to enumerate military training not directly related to a defense article, which is a controlled activity pursuant to ITAR section 120.9(a)(3)

- the note to paragraph (b) in the “specially designed” definition is revised to clarify that catch-all controls are only those that generically control parts, components, accessories and attachments for a specified article and do not identify a specific specially designed part, component, accessory or attachment

- the definitions previously provided in ITAR section 121.8 are removed to new section120.45

- the policy with regard to when forgings, castings and machined bodies are controlled as defense articles is removed from ITAR section 121.10 and placed in ITAR section 120.6

- the threshold for lithium-ion batteries controlled in category VIII(h)(13) is increased from greater than 28 volts of direct current nominal to greater than 38 VDC nominal so as not to control on the USML such batteries in normal commercial aviation use

- a control for specially designed parts, components, accessories and attachments is added to the helmets controlled in USML category VIII(h)(15)

- the phrase “electric-generating” is added to the control describing fuel cells in USML category

VIII(h)(23) to clarify that fuel bladders and fuel tanks are not within this control

- the word “enumerated” is replaced with the word “described” in the paragraphs of the USML for technical data and defense services directly related to the defense articles in that category to clarify that the controls on technical data and defense services apply even if the defense article is described in a catch-all

- the footnote to the entire supplement No. 1 to Part 126 is moved from the end to the opening to better clarify that if an item is excluded from eligibility in any row it is excluded from that exemption even if also described in another row that contains a description that may also include that item

To get news like this in your inbox daily, subscribe to the Sandler, Travis & Rosenberg Trade Report.

Customs & International Headlines