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The Department of State has issued a final rule on August 30, 2019 (except for amendatory instruction 3 which is effective August 30, 2021) that revises Category XI on the United States Munitions List (ITAR) to remove items that do not warrant continued inclusion and temporarily modifies paragraph (b) in Category XI of the USML.

In early 2018 the Department of State requested public comments related to USML Categories V, X, and XI. Several of the public comments identified current and imminent commercial uses for certain lower performing radars, including in driver assisted and self-driving ground vehicles and in detect and avoid systems for autonomous aerial systems. In its review of the public comments and development of a rulemaking on USML Category XI, the Department of State has determined that revisions to USML Category XI can be made to exclude these radars and radar components from the USML.

The control for certain air surveillance radar in paragraph (a)(3)(ix) of USML Category XI is reserved and a note is added to Category XI that removes from the USML those transmit/ receive modules and transmit/receive monolithic microwave integrated circuits (MMICs) fabricated exclusively with homojunction complementary metal–oxide–semiconductor (CMOS) silicon-based circuits on silicon substrates, as well as radars and radar antennas that are specially designed to use only such modules or MMICs. These radars and radar components will become subject to the Export Administration Regulations (EAR) upon the effective date of this revision.

Federal Register Notice: https://www.govinfo.gov/content/pkg/FR-2019-08-30/pdf/2019-18821.pdf