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STATE RIN: 1400-AD70 Publication ID: Spring 2016 
Title: Amendment to the International Traffic in Arms Regulations: Revisions to Definitions of Defense Services, Technical Data, and Public Domain; Definition of Product of Fundamental Research 
Abstract:

The Department of State amends the International Traffic in Arms Regulations (ITAR) to update the definitions of "defense services," "technical data," and "public domain" in order to clarify the policy regarding these terms, as well as the scope of activities and information that are covered within these definitions. Additionally, the Department creates a definition of "product of fundamental research" in order to clarify and support the appropriate interpretation of the revised definitions that are proposed in this rule. Finally, the Department addresses the electronic transmission of unclassified technical data via foreign communications infrastructure as it relates to the electronic storage of such data outside the United States. This rule revises the definition of an export to stipulate that the electronic transmission of unclassified technical data abroad is not an export, provided that the data is sufficiently secured to prevent access by parties unauthorized to access such data. Additionally, it creates a new exemption to allow for the electronic storage of unclassified technical data abroad, provided that the data is secured to prevent access by parties unauthorized to access such data.

 
Agency: Department of State(STATE)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: None     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 22 U.S.C. 2778   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  06/03/2015  80 FR 31525   
NPRM Comment Period End  08/03/2015 
Interim Final Rule  08/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  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 
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