SHARE

September 06, 2022

ITAR Reorganization Rule Expected to Enter into Force September 6

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all Law.com OnPractice content.
Register Now

Key Takeaways

  • The U.S. State Department’s much anticipated interim final rule reorganizing the International Traffic in Arms Regulations (ITAR) is expected to go into effect September 6, 2022.
  • The new structure will improve the organization of the regulations by concentrating authorities, policies, and definitions into distinct and logical subparts, removing duplicative text, and standardizing section structure and style.

The U.S. State Department's much anticipated interim final rule reorganizing the International Traffic in Arms Regulations (ITAR) is expected to go into effect September 6, 2022. 

The interim final rule, originally published by the U.S. State Department's Directorate of Defense Trade Controls (DDTC) on March 23, 2022, will reorganize and consolidate definitions in the ITAR. Part of a broader agency effort to reorganize the ITAR, this new structure will improve the organization of the regulations by concentrating authorities, policies, and definitions into distinct and logical subparts, removing duplicative text, and standardizing section structure and style. The DDTC has stated that the rule does not make substantive revisions to the regulations or impose new requirements, but rather, improves clarity.

Prior to this rulemaking, definitions were generally spread throughout the subchapter. Once the rule goes into effect, part 120 will be divided into three subparts: Subpart A - General Information; Subpart B - General Policies and Processes; and Subpart C - Definitions. This new organization is intended to provide readers with a roadmap for the regulations. 

  • Subpart A - General Information: consolidates and explains the legislative authority and purpose of the regulations to assist in understanding their importance and source.
  • Subpart B - General Policies and Processes: outlines the general processes and policies of the ITAR.
  • Subpart C - Definitions: provides a consolidated list of defined terms that are applicable throughout the ITAR. DDTC, however, notes that the definitions will not be in alphabetical order.

Part and section-specific information and definitions will continue to be located in the applicable part or section of the regulations.

Other than the changes described above, a list of changes believed to be of interest to the regulated community can be found here. This is the first of several rules in DDTC's ITAR reorganization project, so DDTC will gradually implement these changes.    

As of August 17, 2022, the State Department circulated and completed interagency review of a final rule that will reorganize and consolidate definitions in the ITAR. While the final rule has not yet been made public, Buchanan's International Trade and National Security team is closely monitoring the State Department's reorganization of the ITAR and will keep the regulated community informed of any further State Department action.

Contact our International Trade and National Security team if you have any questions with respect to U.S. export controls generally or the ITAR reorganization specifically. 

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Buchanan Ingersoll & Rooney

Ninth Circuit Refuses to Boot FLSA Claims: Time Spent Logging On is Compensable

By Christian Antkowiak Buchanan Ingersoll & Rooney November 10 , 2022

Is an employer obligated to pay employees for the time spent booting up and signing into their computers prior to clocking in?

Protecting Your Brand - Amazon's Brand Registry Program

By Bassam N. Ibrahim Buchanan Ingersoll & Rooney November 09 , 2022

Trademarks are a useful tool for brand protection.

SEC Adopts Final Incentive Compensation Clawback Rules

By Jennifer R. Minter Buchanan Ingersoll & Rooney November 04 , 2022

On October 26, 2022, the Securities and Exchange Commission (SEC) adopted final rules that will require listed companies to disclose and implement policies to “claw back” or recover incentive compensation paid as a result of erroneously reported financial information that is subject to a required accounting restatement.

More From International Law

5 Trends to Watch in 2023 International Arbitration

By Joseph J. Mamounas Greenberg Traurig January 19 , 2023

To meet demand for more flexible and timely ways to achieve dispute resolution, some clients are turning to emergency arbitration procedures as ways to not only preserve the status quo but also obtain an early assessment of the merits (through the lens of the likelihood of success).

FTC Proposes Rule Banning Noncompete Agreements

By Paul W. Hughes McDermott Will & Emery January 05 , 2023

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule that would prohibit employers from using noncompete agreements with their employees or independent contractors.

Featured Stories
Closeclose
Search
Menu

Working...