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STATE

RIN: 1400-AC70

Publication ID: Spring 2015

Title: Amendment to the International Traffic in Arms Regulations: Incorporated Articles
Abstract: As a part of the President's Export Control Reform effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to reflect new policies regarding coverage of incorporated articles. The Department's review of current ITAR treatment of incorporated articles led to the proposed change with a view to limit ITAR coverage to where diversion of the embedded defense article is a realistic and practical concern. To this end, the rulemaking proposes conditions under which a Directorate of Defense Trade Controls (DDTC) license is not required for the export or re-export of defense articles incorporated into an end-item that is "subject to the Export Administration Regulations (EAR)." Those conditions include where the end-item would be "rendered inoperable" by the removal of the defense article, where no technical data for development or production are transferred with the defense article, and where the incorporation of the defense article does not provide (or is not related to) a military application. Additionally, no license would be required for the export or re-export of a defense article when that article would be rendered inoperable by removal from the end-item. A license would be required for the export of defense articles that are spare or replacement parts when they are embedded into a larger assembly such that they can be removed without destroying the defense articles.
Agency: Department of State(STATE)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 22 CFR 120 22 CFR 123 22 CFR 124 22 CFR 126
Legal Authority: 22 U.S.C. 2778

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	03/15/2011	76 FR 13928
NPRM Comment Period End	04/14/2011
Final Action	To Be Determined

Additional Information: Includes Retrospective Review under E.O. 13563.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Related RINs: Related to 1400-AC94
Agency Contact: C Edward Peartree Director, Office of Defense Trade Controls Policy Department of State 2401 E Street NW., ATTN: ITAR Amendment, Washington, DC 20522 Phone:202 663-2792 Email: ddtcresponseteam@state.gov