International Traffic in Arms Regulations: Notification of Temporary Suspensions, Modifications, and Exceptions to Regulations
| Published date | 10 June 2021 |
| Citation | 86 FR 30778 |
| Record Number | 2021-12206 |
| Section | Rules and Regulations |
| Court | State Department |
Federal Register, Volume 86 Issue 110 (Thursday, June 10, 2021)
[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Rules and Regulations]
[Pages 30778-30779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12206]
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DEPARTMENT OF STATE
22 CFR Part 120
[Public Notice: 11443]
International Traffic in Arms Regulations: Notification of
Temporary Suspensions, Modifications, and Exceptions to Regulations
AGENCY: Department of State.
ACTION: Extension of temporary suspensions, modifications, and
exceptions.
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SUMMARY: The Department of State is issuing this document to inform the
public of a third extension to temporary suspensions, modifications,
and exceptions to certain provisions of the International Traffic in
Arms Regulations (ITAR) to provide for continued telework operations
during the current SARS-COV2 public health emergency. This action is
taken in order to ensure continuity of operations among members of the
regulated community.
DATES: This document is issued June 10, 2021.
FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Office of Defense
Trade Controls Policy, U.S. Department of State, telephone (202) 663-
1809, or email [email protected]. ATTN: Extension of
Suspension, Modification, and Exception--Telework.
SUPPLEMENTARY INFORMATION: In March 2020 a national emergency was
declared as a result of the COVID-19 pandemic. On May 1, 2020, the
Department of State (the Department) published in the Federal Register
a notification of certain temporary suspensions, modifications, and
exceptions to the ITAR, that were necessary to ensure continuity of
operations within the Directorate of Defense Trade Controls (DDTC) and
among entities registered with DDTC pursuant to part 122 of the ITAR
(85 FR 25287). These actions were taken pursuant to ITAR Sec. 126.2,
which allows for the temporary suspension or modification of provisions
of the ITAR, and ITAR Sec. 126.3, which allows for exceptions to
provisions of the ITAR. These actions were taken in the interest of the
security and foreign policy of the United States and were warranted due
to the exceptional and undue hardships and risks to safety caused by
the public health emergency related to the SARS-COV2 pandemic.
Subsequently, on June 10, 2020 (85 FR 35376), the Department
published in the Federal Register a request for comment from the
regulated community regarding the efficacy and termination dates of the
temporary suspensions, modifications, and exceptions provided in 85 FR
25287, and requesting comment as to whether additional measures should
be considered in response to the public health crisis. Of the four
temporary suspensions, modifications, and exceptions to the ITAR
announced in the May 1 notification referenced above, DDTC reviewed the
public comments and decided to extend two measures until December 31,
2020: (1) ITAR Sec. 120.39(a)(2) allowance for remote work; and (2)
authorization to allow remote work under technical assistance
agreement, manufacturing agreement, or exemption.
Based upon continued public health recommendations and as informed
by responses to the request for public comment in June 2020, it is
apparent to DDTC that regulated entities will continue to engage in
telework for the foreseeable future. Many commenters,
[[Page 30779]]
one industry association, and several individual entities endorsed the
telework provisions and requested that these measures be extended,
potentially indefinitely. DDTC agreed and extended the two measures
because DDTC believed that a failure to extend the temporary
suspensions, modifications, and exceptions would have a negative impact
on regulated entities' ability to safely engage in continued operations
in the midst of the ongoing global public health emergency. Based upon
the comments received and DDTC's experience over the course of the
pandemic, it is apparent that these measures support the current work
environment and are expected to remain relevant in a post-pandemic
environment.
Although the Department is of the opinion that the notice and
comment requirements of the Administrative Procedure Act are not
applicable, in addition to the efforts described above, the Department
published a notice of proposed rulemaking (NPRM) (86 FR 28503, May 27,
2021), to solicit comments to proposed revisions to the ITAR provisions
related to remote work. DDTC is seeking in this proposed rule to adapt
to the new reality of how the regulated community is working and will
work in the future. DDTC's position is consistent with the Arms Export
Control Act and informed by the regulated community's comments and
DDTC's assessment of the security requirements appropriate for ITAR-
controlled technical data. The NPRM is entitled ``Amendment to the
International Traffic in Arms Regulations: Regular Employee'' (RIN
1400-AF17). In the interest of ensuring sufficient time to adequately
address comments and prepare publication of a final rule, and to ensure
there is no disruption of regulated entities' ability to safely engage
in continued operations, DDTC is modifying and extending these
temporary suspensions, modifications, and exceptions until it publishes
a final rule for RIN 1400-AF17; the Department intends to terminate the
temporary actions announced herein in that Federal Register
publication.
DDTC notes that the text of the temporary suspensions,
modifications, and exceptions below differs slightly from that of the
prior two documents in that specific reference to Russia has been
removed from the clause ``so long as the individual is not located in a
country listed in ITAR Sec. 126.1.'' By rulemaking of March 18, 2021,
DDTC amended ITAR Sec. 126.1 to include Russia (86 FR 14802), thereby
making specific reference here unnecessary.
Pursuant to ITAR Sec. Sec. 126.2 and 126.3, in the interest of the
security and foreign policy of the United States and as warranted by
the exceptional and undue hardships and risks to safety caused by the
public health emergency related to the SARS-COV2 pandemic, notice is
provided that the following temporary suspensions, modifications, and
exceptions are being extended as follows:
1. As of March 13, 2020, a temporary suspension, modification, and
exception to the requirement that a regular employee, for purposes of
ITAR Sec. 120.39(a)(2), work at the company's facilities, to allow the
individual to work at a remote work location, so long as the individual
is not located in a country listed in ITAR Sec. 126.1. The Department
will terminate this suspension, modification, and exception by
publication of a document in the Federal Register.
2. As of March 13, 2020, a temporary suspension, modification, and
exception to authorize regular employees of licensed entities who are
working remotely in a country not currently authorized by a technical
assistance agreement, manufacturing license agreement, or exemption to
send, receive, or access any technical data authorized for export,
reexport, or retransfer to their employer via a technical assistance
agreement, manufacturing license agreement, or exemption so long as the
regular employee is not located in a country listed in ITAR Sec.
126.1. The Department will terminate this suspension, modification, and
exception by publication of a document in the Federal Register.
This document makes no other revision to the document published at
85 FR 25287, nor does it make any other temporary suspension,
modification, or exception to the requirements of the ITAR.
(Authority: 22 CFR 126.2 and 126.3)
Michael F. Miller,
Deputy Assistant Secretary for Defense Trade Controls, U.S. Department
of State.
[FR Doc. 2021-12206 Filed 6-9-21; 8:45 am]
BILLING CODE 4710-25-P
