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Defense Exports, ITDS Among Topics of Upcoming Federal Agency Rules

Friday, July 28, 2017
Sandler, Travis & Rosenberg Trade Report

Amendments to defense export regulations and readying for deployment of the International Trade Data System are among the topics of proposed and final regulations set forth in the semiannual regulatory agendas recently issued by a number of federal agencies, including the departments of State, Justice, and the Treasury, the Fish and Wildlife Service, and the Food and Drug Administration. These online resources list the following regulations affecting international trade that could be issued within the next year. The expected timeframes for issuance of the rules are indicated in parentheses.

- a Fish and Wildlife Service proposed rule to revise the regulations on the importation, exportation, and transportation of wildlife to adapt to the ITDS, clarify prior notification requirements and clearance and clearance refusal options, and add the ability for FWS to offer a conditional release of certain wildlife to coordinate release activities under ITDS (July)

- a proposed rule from the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau to amend the regulations on the exportation of distilled spirits, wine, beer, and tobacco products to update export procedures and implement ITDS (September; previously April)

- a State Department final rule amending the International Traffic in Arms Regulations to clarify the requirements for the licensing and registration of U.S. persons providing defense services while in the employ of foreign persons (December; previously June)

- a State Department proposed rule to clarify the scope of authorized retransfers under the Canadian exemption in section 126.5 of the ITAR and to create a new exemption for temporary export to a foreign original equipment manufacturer for repair and maintenance purposes (December; first time published)

- a State Department final rule amending the policy pertaining to what information submitted to the Directorate of Defense Trade Controls is subject to public disclosure and clarifying the policies and procedures regarding statutory debarments (December; first time published)

- a State Department final rule clarifying when exports may be made to or on behalf of a U.S. government agency without a license and expanding this exemption to cover permanent exports (December; first time published)

- a State Department proposed rule to revise the ITAR definition of defense service (March 2018; first time published)

- a Food and Drug Administration final rule on gluten-free labeling of fermented, hydrolyzed, or distilled foods (October 2018; previously April 2017)

Completed Rulemakings

- an FDA final rule establishing user fees for the accreditation of third-party auditors under the Food Safety Modernization Act

- an FDA final rule banning powdered surgeons’ gloves, powdered patient examination gloves, and absorbable powder for lubricating surgeons’ gloves

- a TTB final rule to amend the regulations on the importation of distilled spirits, wine, beer, and tobacco products to update import procedures and implement the ITDS

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