The Department of State recently published an interim final rule requesting comments (must have been received by January 27, 2020) based on the idea of creating a definition of “activities that are not exports, reexports, retransfers, or temporary imports.” The activities included in the new definition are:
- Launching items into space,
- Providing technical data to U.S. persons within the United States or within a single country abroad, and
- Moving a defense article between the states, possessions, and territories of the United States.
The definition also clarifies that the electronic transmission and storage of properly secured unclassified technical data via foreign communications infrastructure does not constitute an export. Additionally, the Department amends the ITAR to create a definition of “access information” and revises the definition of “release” to address the provision of access information to an unauthorized foreign person.
The interim final rule is effective on March 25, 2020.