State Department Removes Certain Radars From USML, Extends Revision to Category XI

The State Department is removing certain “lower performing radars” from the U.S. Munitions List and is extending for two years a temporary modification to Category XI, the State Department said in a notice in the Federal Register.

After receiving public comments saying there are “current and imminent commercial uses” for certain radars that were controlled under Category XI, the State Department said it will “exclude these radars and radar components” from the USML. They include radars that transmit or receive modules and “monolithic microwave integrated circuits (MMICs) fabricated exclusively with homojunction complementary metal-oxide-semiconductor (CMOS) silicon-based circuits on silicon substrates,” the notice said.

U.S. industry said the radars are used in self-driving cars and in “detect and avoid systems for autonomous aerial systems,” according to the notice. The radars and radar components will now be subject to the Export Administration Regulations.

The State Department also said it is extending a temporary revision to Category XI that was originally made in 2015. The revision modified language to clarify for U.S. exporters that “certain intelligence-analytics software” remained controlled on the USML, the notice said. State intended the revision as a temporary change “while a long-term solution was developed,” but said the solution would not be ready by the Aug. 30, 2019, expiration date of the temporary modification. The State Department said it is extending the temporary revision until Aug. 30, 2021.

Extending the temporary revision “will allow the U.S. government to finalize its review of USML Category XI,” the notice said. The review was announced by the State Department in February 2018 when it asked for public comments on the agency’s intention to review Categories V, X, and XI of the USML.