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April 21, 2006 

Directorate of Defense Trade Controls Publishes ITAR "Fix-it" Regulation

The State Department's Directorate of Defense Trade Controls today published in the Federal Register a final "fix-it" rule making numerous amendments to the International Traffic in Arms Regulations (ITAR). While most of the changes are minor, such as updating the ITAR to reflect current office names, correcting cross-references, correcting a number of typographical errors in the U.S. Munitions List and updating the reference to the Wassenaar Arrangement, the rule contains several more significant changes. The significant changes in the final rule include:

  • Clarifying that the "business of manufacturing or exporting defense articles or furnishing defense services includes participating in one action and does not require more than one action.
  • Clarifying the definition of brokering activities to reflect that the "business of brokering activities'' includes participating in one or more actions as described in the definition and making clear tha the registration requirements for brokers are not meant to exclude foreign persons from registering as brokers. The rule notes that where foreign persons cannot provide the same information that a U.S. person would provide, they still are required to submit information that is substantially similar in content to that which would be provided by a U.S. person.
Exporters involved in defense trade should ensure that their copies of the ITAR have been updated to reflect these changes.


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