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STATE | RIN: 1400-AC80 | Publication ID: Spring 2015 |
Title: Amendment to the International Traffic in Arms Regulations: Defense Services | |
Abstract:
As part of the President's Export Control Reform effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to update the policy regarding defense services, to clarify the scope of activities that are considered a defense service, and to provide definitions of "Organizational-Level Maintenance," "Intermediate-Level Maintenance," and "Depot-Level Maintenance," and to make other conforming changes. The Department reviewed the ITAR's treatment of defense services with a view to improving efficiency in licensing, and reducing unintended consequences. As a result, it was determined that the current definition of defense services was overly broad, capturing certain forms of assistance or services that do not warrant ITAR control. Services based solely upon the use of public domain data would not constitute defense services under this part of the definition and, therefore, would not require a license, technical assistance agreement, or manufacturing license agreement to provide to a foreign person. The proposed new definition of defense service also includes a new provision that would control the "integration" of items, whether controlled by the U.S. Munitions List (USML) or the Commerce Control List (CCL), into USML controlled defense articles even if controlled "technical data" is not provided to a foreign person during the provision of such services. Additionally, the proposed rule proposed to specify that training for foreign "units or forces" will be considered a defense service only if the training involves the employment of a defense article, regardless of whether technical data is involved. Also, the proposed rule specifies examples of activities that do not constitute defense services. |
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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 and 124 | |
Legal Authority: 22 U.S.C. 2778 |
Legal Deadline:
None |
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Timetable:
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Additional Information: Includes Retrospective Review under E.O. 13563. | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal |
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-AC70, Related to 1400-AD33 | |
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 |