Munitions List Cleanup Rule

Posted

The Department of State amends the International Traffic in Arms Regulations (ITAR) to remove from the U.S. Munitions List (USML) items that no longer warrant inclusion, add to the USML items that warrant inclusion, and clarify certain entries.

With these amendments, the Department also supersedes and thus terminates the temporary modification to USML Category VIII that was published on December 4, 2023, and extended on November 26, 2024.

Effective date: September 15, 2025. Comment due date: Send comments by March 18, 2025.

[90 FR 5594]

Summary of 22 CFR 121.0 and USML Amendments

The Department of State revised 22 CFR 121.0 to streamline definitions and organization within the United States Munitions List (USML), aiming to enhance clarity and consistency. Key changes include:

Structural and Organizational Updates:

•Definitions moved to an alphabetical list for accessibility.

•Introductory text updated, removing and redistributing former § 121.0(a) and (b).

USML Category Revisions:

Category II: Corrected typographical errors.

Category IV: Refined descriptions for controlled equipment, differentiating devices for improvised explosive devices (IEDs) from other equipment.

Category V: Updated chemical references (e.g., CAS Registry Numbers) and corrected errors.

Category VII: Clarified evaluation criteria for ground vehicles, including unmanned ground vehicles.

Category VIII: Enhanced definitions for advanced military aircraft and components, clarified controls for technology demonstrators, and added specific unmanned aerial systems.

Category IX and XIII: Aligned armor protection levels with updated NIJ standards and clarified cross-domain strategy terminology.

Category X: Added developmental exoskeletons for military use.

Category XI: Revised controls for anti-jam antennas to exclude items with increasing commercial utility.

Category XII: Updated terminology to reflect “Protected Positioning Service” (PPS).

Category XIV: Added nerve agents, defoliants, and clarified Chemical Agent Resistive Coatings (CARC) export rules.

Category XIX: Expanded coverage of developmental aircraft engines and their components.

Category XX: Introduced controls for new classes of uncrewed vessels with military applications.

Category XXI: Adjusted guidance for evaluating items under this catch-all category.

Items Transitioning Jurisdiction from ITAR to EAR

This rule outlines the transition of items from the International Traffic in Arms Regulations (ITAR) jurisdiction to the Export Administration Regulations (EAR), emphasizing the following key aspects:

Transition Process:

•Items removed from the USML may fall under the EAR or remain described in other USML categories.

•Exporters should evaluate control status using ITAR and EAR review orders or seek guidance through jurisdiction or classification requests.

Licensing Requirements:

•EAR licensing depends on the item’s control reasons, destination, end use, and user.

General Order No. 5 governs the transition, including grandfathering DDTC licenses and using BIS authorizations.

•Applicants may submit EAR license applications upon publication of the BIS final rule but will not receive approvals before the rule’s effective date.

Validity of Existing Licenses:

•DDTC licenses issued before the effective date remain valid for specific periods (e.g., three years or until expiration).

•Mixed licenses (transitioning and non-transitioning items) retain validity under DDTC terms unless amended.

Technical Assistance and Agreements:

•Agreements containing transitioning and non-transitioning items remain valid for three years unless amended.

•Solely transitioning item agreements require new authorizations under EAR after three years.

Reexports and Retransfers:

•Transitioned items must comply with EAR requirements.

•Foreign persons should verify jurisdiction for USML items transitioning to the CCL and use appropriate EAR authorizations for reexports or retransfers.

Self-Disclosures:

•Voluntary self-disclosures of potential ITAR or EAR violations are encouraged, with separate submissions required for each jurisdiction.

This transition aims to ensure proper jurisdictional alignment while maintaining export compliance and facilitating the regulatory shift from the USML to the CCL.

 

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