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ITAR Amended to Clarify Provisions on Disclosures and Debarments

Monday, December 05, 2016
Sandler, Travis & Rosenberg Trade Report

The State Department has issued a final rule amending the International Traffic in Arms Regulations to clarify recent revisions made pursuant to the Export Control Reform Initiative. While this rule is effective as of Dec. 5, comments on it may be submitted through Jan. 4.

Specific changes in this rule include the following.

- Thirteen U.S. Munitions List categories are amended to clarify that commodities, software, and technology subject to the Export Administration Regulations and related to defense articles in a USML category may be exported or temporarily imported on the same license with defense articles from any category provided that they are to be used in or with that defense article.

- The Directorate of Defense Trade Controls may approve a timeframe of not less than 60 days as an alternative to the current 60-day requirement for registrants to provide a signed amended agreement

- The scope of control and disclosure of information is clarified; however, it is the department’s policy not to publicly release information relating to activities regulated by the ITAR except as required by law or when doing so is otherwise in the interest of the U.S. government.

- The policies and procedures regarding statutory debarments are clarified by addressing inadvertent omissions resulting from a prior amendment.

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