The Department of State (the Department) amends the International Traffic in Arms Regulations (ITAR) to remove from the U.S. Munitions List (USML) certain aircraft that have been modified to incorporate aircraft survivability equipment (ASE) and to exclude from the ITAR certain activities that would otherwise meet the definition of reexport or temporary import of ASE incorporated into such aircraft.

For the purposes of this rule the Department refers to civil aircraft that are subsequently modified to incorporate certain aircraft survivability equipment (ASE) as survivability-enhanced aircraft. ASE is a term generally used to refer to systems and equipment designed to reduce an aircraft’s susceptibility and vulnerability to manufactured threats by ditecting, alerting on, and mitigating threats. For purposes of this preamble,

ASE specifically refers to directed infrared countermeasures (DIRCM) and infrared or ultraviolet missile warning systems necessary for the operation of DIRCM. Survivability-enhanced aircraft are often used to mitigate risk in the transport of passengers or goods, in various threat environments. These aircraft incorporate ASE described on the USML to protect the aircraft and its occupants from man-portable air defense systems (MANPADS) and other guided weapons that can pose a serious threat to aircraft. Foreign governments also utilize civil aircraft incorporating ASE to transport heads of state and other persons, and some airlines have incorporated ASE to protect passengers traveling in higher risk areas.