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Defense Export Regulations Amended

Monday, December 30, 2019
Sandler, Travis & Rosenberg Trade Report

The State Department has issued an interim final rule making the following changes to the International Traffic in Arms Regulations. These changes will be effective March 25, 2020, and comments on them are due by Jan. 27.

- creates a new definition of “activities that are not exports, reexports, retransfers, or temporary imports” and thus do not require State Department authorization, including launching items into space, providing technical data to U.S. persons within the U.S. or within a single country abroad, and moving a defense article between U.S. states, possessions, and territories

- clarifies that the electronic transmission and storage of properly secured unclassified technical data via foreign communications infrastructure does not constitute an export, reexport, retransfer, or temporary import

- creates a definition of “access information,” which allows access to encrypted technical data in an unencrypted form, and requires an authorization to release technical data through access information to the same extend an authorization is required to export the technical data when it is unsecured by encryption

- makes it a release of technical data to use access information (a) to cause or enable a foreign person to access, view, or possess technical data in unencrypted form or (b) in a foreign country to cause technical data to be in unencrypted form, including when done by U.S. persons abroad

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