On April 19, 2019, the Department of State released the final rule related to the International Traffic in Arms Regulations (ITAR) § 126.4. The ruling expands and clarifies under which circumstances transfers of defense articles and services by or for a Department Agency of the US government may occur without a license. This amendment revises the ITAR by:

  • Expanding the scope to allow for permanent exports, reexports, and retransfers, in addition to temporary exports and imports;
  • Clarifying use for contractors engaged in official business and acting on behalf of the U.S. government;
  • Clarifying use for transfers in furtherance of international agreements or security cooperation programs with the U.S. government; and
  • Expanding the scope to allow transfers by third parties acting at the direction of the U.S. government.

The goal of the revisions is to remove a few of the license requirements for transfers that have otherwise needed to be vetted by the US government.

“These revisions advance U.S. interests by facilitating defense cooperation with our partners and allies and by supporting the U.S. defense industry through removal of a range of licensing requirements for transfers that have otherwise been vetted by the U.S. government.” -State Department

Federal Register: https://www.govinfo.gov/content/pkg/FR-2019-04-19/pdf/2019-07696.pdf

DDTC Announcement: https://www.pmddtc.state.gov/?id=ddtc_public_portal_homepage