On July 26th, the U.S. State Department’s Directorate of Defense Trade Controls (“DDTC”) published an Advance Notice of Proposed Rulemaking seeking public comments on the proposed consolidation and clarification of the various license exemptions in the International Traffic in Arms Regulations (“ITAR”). DDTC is currently working to streamline and clarify the ITAR, and its goal is to consolidate the exemptions in a single location and to organize them more effectively.

By way of background, ITAR exemptions authorize the export, reexport, retransfer, temporary import, or brokering of a specific defense article (including technical data) or the performance of a defense service without a license or other written authorization from DDTC. DDTC is specifically requesting comments on whether any exemptions:

  • Should be expanded or eliminated;
  • Should be consolidated where redundancy exists; and/or,
  • Contain language that is ambiguous or hinders the exemption’s intended use.

Comments may be submitted via email to DDTCPublicComments@state.gov (with the subject line “Request for Comments Regarding Consolidation of ITAR Exemptions”) or via the internet (www.regulations.gov) using docket number DOS-2019-0022.  The DDTC will accept comments until August 26, 2019.  For further details, see 84 Federal Register 36040 (July 26, 2019).

If you have any questions pertaining to the DDTC request for public comments, the ITAR or other international trade issues, please contact Melissa Proctor (melissa@millerproctorlaw.com) or Peggy Chaplin Louie (peggy@millerproctorlaw.com) at Miller Proctor Law PLLC (https://millerproctorlaw.com ).

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