New Itar Rules
- noviembre 23, 2022
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Paragraph (a) of the amended USML Class I includes firearms firing ammunition without a holster. Paragraph (b) continues to apply to fully automatic firearms, that is, firearms firing more than one bullet by a single trigger function, up to .50 calibre (12.7 mm inclusive). Paragraph (c) includes firearms specially designed for the integration of fire control, automatic location or automatic fire systems, and all weapons previously described in paragraph (c) that remain in the USML are now covered by subparagraphs (a), (b) or (c) of that category or category II. Parts and components specially designed for defence-related products remaining in paragraph (c); is moved to Class I, paragraph (h) of this Final Rule. This change from the proposed rule is necessary to allow defence-related finished goods to be designated in paragraph (c) as Important Military Equipment (EMS), while parts and components specifically designed for such equipment are not. Point (d) concerns fully automatic shotguns. Paragraph (e) continues to apply to silent, silent and silent. However, for the same reason as subparagraph (c) above, parts and components specifically designed for these defence-related products are moved to subparagraphs (e) to (h) so as not to be designated as SMEs. Flash suppressors are removed from paragraph (e) and transferred to the CDC.
The text of subparagraph (f) is deleted and the paragraph is reserved, deleting as a controlled item «telescopic sights manufactured to military specifications». However, any firearm sighting device (including riflescopes) that falls under USML Category XII controls (see, for example, XII(c)(2) for night or infrared vision capabilities) remains subject to ITAR in that category. Other riflescopes are sent to the CDC. Point (g) shall continue to apply to drums, containers (frames), bolts, bolts, rails or locks specially designed for firearms of category I. Point (h) concerns high-capacity magazines (more than 50 rounds of ammunition) and parts and components designed to convert a semi-automatic firearm into a fully automatic firearm, as well as accessories or accessories specially designed for automatic target stabilisation (excluding barrel mounts) or automatic target acquisition. In an amendment to the proposed rule, the latter paragraph (h) contains a new subparagraph (h)(3) on the inspection of parts and components specially designed for defence articles referred to in subparagraphs (c) and (e), as described above. This addition required the renumbering of paragraphs (h)(3) to (h)(4) proposed in this final rule. Point (i) includes technical data and defence services directly related to all defence-related products in the category, as well as classified technical data directly related to items covered by ECCN 0A501, 0B501, 0D501 and 0E501 and defence services using classified technical data.
This is a change from the proposed rule that the defence articles referred to in subparagraph (c) were inadvertently omitted from the technical data paragraph. One commentator suggested that the wording of subparagraph (d) (11) should be amended to cover all artillery and ammunition fuses and that the words «specially designed parts» should be deleted in order to align them with the wording of bomb detonation in category IV (h) (25). The check correctly identifies a function that justifies control over the USML. Fuzes and weapons for category III objects cover a broader range of sensitive devices that give the United States a decisive military advantage, distinct and distinct from category IV (h) (25) control, for category IV-specific safeguards, so the Department does not make any changes to paragraph (d)(11). The Department of State considers the control of imports and exports of defense equipment and services to be a foreign policy task of the U.S. Government and that the rules implementing this function are exempt from Executive Order 13771 (82 FR 9339, February 3, 2017). Although the Department considers this final rule to be exempt from E.O. 13771, and without prejudice to its conclusion that control of the import and export of defense services is a foreign policy function, this rule is a deregulation measure of E.O. 13771. The Ministry carried out this analysis in close coordination with the Ministry of Commerce. When the definition of «defense service» includes «the provision of assistance (including training) to foreign persons, whether in the United States or abroad, in the design, development, design, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing, or use of defense items.» The State Department is seeking to revise the USML so that its scope is limited to defense items that give the United States a military or critical intelligence advantage or, in the case of weapons, have an inherently military function. The Department conducted these reviews in accordance with the President`s discretion under Section 38(a)(1) of the AECA to control the import and export of defense equipment and services in the promotion of international peace and U.S.
security and foreign policy and to identify the items that make up the USML. The Department has determined that USML Category I, II and III items that are removed from the USML under this Final Rule do not meet this standard, including many items widely used in U.S. and foreign retail stores (such as many firearms previously described in Class I, paragraph (a)); including: For example, a .22 rifle caliber). Several commentators suggested that, in accordance with this rule, subparagraph (h)(1) should include large capacity magazines, i.e. drums or magazines for firearms with a capacity of more than 50 rounds of ammunition. The ministry recognizes that civilians can purchase magazines and drums with a capacity of more than 50 rounds of ammunition. However, these high-capacity magazines provide an inherently military function and warrant continued control over the USML as they allow for effective use of automatic weapons and combat tactics. Several commenters suggested increasing the value of the low-value mail exemption in paragraph 123.17(a) of the ITAR from $100 to $500, as changes to the rule are made, while increasing the eligible amount and then decreasing it by moving the definition of the value of the wholesale price to the selling price. The Department welcomes this proposal, but notes in response that Amendment Instruction 6 to the proposed and final rules directs the deletion of ITAR section 123.17(a). Several commentators objected to the proposed transfer of weapons from USML to the CDC, which the ministry, in cooperation with its inter-agency partners, designated as not inherently intended for military end-use, pointing to the fact that military and law enforcement personnel use them regularly.
As noted earlier, the fact that an army uses a particular piece of equipment is not a determining factor in determining whether it has an inherently military function. Given that the majority of the items referred to in these comments transferred to the CDC under this rule are widely used in retail stores in the United States and abroad and are widely used by the public in the United States, it is reasonable for the Department to decide that they do not perform an inherently military function. Lack of specific features that provide significantly improved value to military users, such as automatic weapons, silencers, and high-capacity magazines. The Department believes that this is a restatement of the general principles underlying the multi-year review of the USML and efforts to better align ITAR, AER and the United States as a whole.