Interim final rule is effective on March 25, 2020

Department of State

22 CFR Part 120

[Public Notice: 10946] 

RIN 1400–AE76

International Traffic in Arms Regulations: Creation of Definition of Activities That Are Not Exports, Reexports, Retransfers, or Temporary Imports; Creation of Definition of Access Information; Revisions to Definitions of Export, Reexport, Retransfer, Temporary Import, and Release

SUMMARY: The Department of State amends the International Traffic in Arms Regulations (ITAR) to create a definition of ‘‘activities that are not exports, reexports, retransfers, or temporary imports’’ by combining existing text from the regulations with new text regarding secured unclassified technical data. 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 revise the definition of ‘‘release’’ to address the provision of access information to an unauthorized foreign person.

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