As part of a comprehensive streamlining effort, the U.S. State Department’s Directorate of Defense Trade Controls (DDTC) issued an interim final rule that reorganizes and restructures Part 120 of the International Traffic in Arms Regulations (ITAR). This action marks the initial stage of the DDTC’s effort to restructure and consolidate the ITAR through a series of rulemaking proceedings. The interim final rule divides DDTC’s changes to Part 120 of the ITAR into general and section-specific revisions.
Generally, the newly amended Part 120 seeks to prioritize a clearer regulatory framework and roadmap by taking a functional approach to grouping regulatory measures and statements. Namely, rather than situating general definitions and statements at disparate locations, Part 120 is now divided into three subparts based on the function of the underlying provisions. Subpart A consolidates general information useful for understanding the ITAR, such as the legislative authorities and regulatory intent underlying the ITAR’s provisions. Subpart B consolidates statements of policy and other information about processes under the ITAR. And Subpart C provides a consolidated set of defined terms that are applicable throughout the rules.
Section-specific changes to Part 120 focus on clarifying edits and deleting redundancies. These changes are described by DDTC as “non-editorial.” Edits include express reference to Blue Lantern—the program used by DDTC for end-use monitoring—the creation and grouping of international organizations and arrangements, and the removal, in its entirety, of the Missile Technology Control Regime Annex formally found at § 121.16. And section 120.12 has been revised in its entirety so that it now describes the process for obtaining a Commodity Jurisdiction determination. Note that, for certain revisions, DDTC specifically mentions that the change is non-substantive or otherwise not intended to reflect a substantive change, such as for certain changes relating to the introduction of and references to the U.S. Munitions List. Interim final rule is effective as of September 6, 2022. And, for clarity, the rule features a table that details the movement of all sections.
Please contact our export control and sanctions compliance team if you have any questions about this development.