State Dept. Preparing USML Revisions, Another Extension for ITAR Telework Rule

The State Department is preparing to amend the U.S. Munitions List to update export controls surrounding weapons, spacecraft and military electronics, according to a senior State Department official. The agency also plans to issue another extension to allow employees involved in International Traffic in Arms Regulations-related activity to work remotely and is inching closer to publishing its first ITAR reorganization rule, said Mike Miller, the State Department’s deputy assistant secretary for defense trade in the Bureau of Political-Military Affairs.

Miller, speaking during a May 20 Defense Trade Advisory Group meeting, said the Directorate of Defense Trade Controls has been working closely with the Commerce and Defense departments on a review of export controls for emerging technologies, and said some DDTC controls are due for an update. The agency plans to amend USML Categories IV (which covers launch vehicles, missiles, rockets, torpedoes and bombs), Category XI (military electronics) and Category XV (spacecraft).

Miller didn’t say how the categories will be revised but said the agency hopes to “craft regulations to protect our national security and foreign policy objectives while supporting the health of the regulated community.” While the agency is monitoring emerging and “maturing” technologies that warrant inclusion on the USML, it's also examining those that “no longer provide a critical advantage and now warrant removal.” He said the agency will seek public comments on the changes. “We encourage you to provide detailed, constructive feedback during the public comment process.”

The agency is also expected to maintain a remote-telework exemption under the ITAR that was introduced on a temporary basis during the COVID-19 pandemic and has proved popular with industry. While industry has expected the State Department to keep the rule (see 2102260049), Miller said DDTC will likely have to issue another temporary exemption before they can make the change permanent, which will not happen “before the end of June.”

Miller added that the agency is “very close” to publishing the first in a series of rules to reorganize the ITAR, a project that has been expected for months. He had said in October that DDTC was nearing completion of the rule (see 2010220049), which will “consolidate and improve the organization of definitions” in the ITAR. “I've said this a couple of times in public settings in the last month, but it's true,” he said. “We're getting very close.”

While Miller said the Biden administration is still reviewing some Trump-era export control policy decisions, the new regime has decided to maintain the loosened export restrictions on unmanned aircraft announced in July 2020 (see 2007270035). That decision revised controls surrounding exports of certain unmanned aerial systems to no longer subject them to a strong presumption of denial and instead imposed a case-by-case review policy.

But Miller stressed that the drones will still be subject to “rigorous review” criteria. “This administration has emphasized its intent to ensure the responsible export and use of armed unmanned aerial systems, and plans to work with other countries to shape international standards for their sale, transfer and subsequent use,” he said.