The Department of State has issued a final rule that, effective Sept. 16, will add two new entries to the International Traffic in Arms Regulations to expand the definition of activities that are not exports, reexports, retransfers, or temporary imports and therefore do not require authorization from State’s Directorate of Defense Trade Controls.
First, subject to certain conditions, the taking of defense articles outside a previously approved country by the armed forces of a foreign government or United Nations military personnel on a deployment or training exercise is not an export, reexport, retransfer, or temporary import provided (1) there is no change in end-use or end-user, (2) the article is transported by and remains in the possession of the previously authorized entities, and (3) the article is not being exported from or temporarily imported into the U.S.
Second, a foreign defense article that enters the U.S. either permanently or temporarily and is subsequently exported from the U.S. pursuant to a license or other approval is not subject to reexport and retransfer requirements provided the article (1) has not been modified, enhanced, upgraded, or otherwise altered or improved, (2) has not had a U.S.-origin defense article incorporated into it, and (3) is not being exported from or temporarily imported into the U.S.
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