International Traffic in Arms Regulations: Addition of Russia

On March 1, 2021, the Secretary of State determined pursuant to Section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (“CBW Act”) that the Government of Russia used chemical weapons in violation of international law or lethal chemical weapons against its own nationals.  As part of the Department’s  effort to address such use of chemical weapons, the Department will amend ITAR § 126.1 to include Russia in the list of countries subject to a policy of denial for exports of defense articles and defense services, with certain exceptions.  An exception is being made to allow for case-by-case review of exports to Russia that support government space cooperation.  In addition, an exception, valid for six months from the date of the Secretary of State’s determination, is being made to allow for case-by-case review of exports to Russia when in support of commercial space launches.  Further, the Department is amending ITAR § 126.1(a) to allow exporters to use the exemptions provided in ITAR §§ 126.4(a)(2) and (b)(2) for exports to Russia when in furtherance of government space cooperation.