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Expansion of Defense Articles and Defense Services Eligible for Transfer under the Canadian and Treaty Exemptions

News & Blog

The Department of State is amending the International Traffic in Arms Regulations (ITAR) to expand the types of defense articles that may be exported and defense services that may be furnished pursuant to the Treaty between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation, the Treaty between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation, and the Canadian exemptions of the ITAR. The Department of State is also making clarifying amendments and conforming updates.

First, this final rule amends the 25th entry, identified as USML Category IV which previously excluded ‘‘defense articles and services specific to torpedoes,’’ to exclude only ‘‘defense articles and services specific to the warhead or the sonar, guidance, and control section of torpedoes.’’

Second, this final rule amends the 105th entry, identified as USML Category XX(c), which previously excluded ‘‘defense articles and services specific to submarine combat control systems,’’ to remove mounting racks and cabinets from that entry.

Third, this final rule amends the 60th entry, the 66th entry, and explanatory Note 9 to remove specific Underwater Acoustic Decoy Countermeasures (ADC) from Supplement No. 1 and clarify the note.

Fourth, this final rule amends the 28th and 29th entries regarding USML Category IV(i) manufacturing know-how and the 67th–70th entries regarding USML Category XII night vision. The USML Category IV(i) technical data entries are amended to reflect the fact that USML Category IV(h) was previously updated (79 FR 34) to describe the specific subassemblies of other USML Category IV defense articles that remain ITAR-controlled. Similarly, the night vision entries are updated to reflect the fact that first generation image intensification tubes are not subject to the ITAR, some items previously controlled in paragraph (c) of Category XII moved to paragraph (e) in a prior rulemaking (81 FR 70340), and to clarify that the technical data and defense services entry only applies to paragraph (f) of Category XII.

The rule is effective on May 12, 2023.

 

Please visit https://www.govinfo.gov/content/pkg/FR-2023-04-12/pdf/2023-07408.pdf to access the full text of the amendment.


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