ITAR UPDATES

91 FR 59059 (Sep 18, 2026) amended numerous sections to clarify policy-of-denial provisions in connection with the use of ITAR exemptions specifically to clarify prohibitions apply to exports, reexports, retransfers and temporary imports of defense articles or defense services destined for or originating in prohibited destinations; a reminder is added to emphasize that the ITAR prohibitions on brokering activities involving proscribed countries is stated in ITAR 129.7; update country policies for Ethiopia and Somalia; add Saudi Arabia and Peru to the major non-NATO ally list and make miscellaneous corrections, as follows:

Part 120 (Purpose and Definitions):

• § 120.15(c) – Exemptions
  • Paragraph (c) revised to clarify that ITAR exemptions do not apply to defense article and defense service exports, reexports, retransfers, or temporary imports involving proscribed countries, areas, or persons identified in § 126.1, except as otherwise authorized.

• § 120.23(b)(2) – Organizations and arrangements
  • Major Non-NATO Ally list updated by adding Saudi Arabia and Peru.

Part 123: (Hardware)

• § 123.16(a) – Hardware Exemptions of general applicability
  • Paragraph (a) revised to clarify that the exemptions do not apply to proscribed countries under § 126.1 and to conform the text to current ITAR terminology.

Part 125: (Technical Data)

• § 125.4(a) – Exemptions of general applicability
  • Paragraph (a) revised regarding use of exemptions for transactions involving § 126.1 proscribed destinations including for transfers “to and from” and to persons deemed ineligible persons. under ITAR § 120.16.

• § 125.4(b)(10) (Exemption for higher learning)
  • Revised terminology (“releases” instead of “disclosures”) and made proofreading corrections.

Part 126: (General Policies)

• § 126.1 Prohibited Destinations
  • Paragraph (a) modified to specify that its prohibitions apply to “exports, reexports, retransfers, and temporary imports of defense articles and defense services destined for, or originating in, certain countries.”

• • Paragraph (c) amended by adding the heading “Identification in this section.”

• • Paragraphs (d)(1) and (d)(2) revised by clarifying that “exports, reexports, retransfers, and temporary imports”

• Paragraph (k) (Libya) revised, including subparagraphs(3), (6), (8), and (9) as follows:
  • Paragraph (3) is revised to use the ITAR phrase “defense services” instead of “technical assistance or training.”

• • Paragraph (6) is revised to replace the phrase “arms and related material” with “defense articles” and to replace “provision of assistance or personnel” with “defense services.” It also replaces the phrase “Committee of the Security Council concerning Libya” with the more specific “committee of the United Nations Security Council concerned with Libya,” which is the ITAR’s standard formulation and reflects that the committee is not named with a proper noun.

• • Paragraph (8) is revised to add the phrase “provided by the United States Government” after “Defense services,” which was mistakenly omitted in a prior rule. The word “associated” is removed from the phrase “associated temporary exports of defense articles” to clarify that those temporary exports do not need to be specifically associated with the defense services in question to qualify for this exclusion.

• • Paragraph (9) is revised to remove the superfluous “ ‘s” after “United Nations.”

• • Paragraph (m) (Somalia) revised reflect and affirm that the supply of weapons, ammunition and military equipment may be authorized through case-by-case licensing review if intended solely for the support of, or use by, European Union training and support activities, Turkey, the United Kingdom or the United States; and for other UN Member Nationals that have completed a Status of Forces Agreement with Somalia provided those Member Nations pre notify the committee of the UN Security Council concerned with Somalia.

• • Paragraph (n) (Ethiopia) removed and made reserved.

• • Paragraph (w) (South Sudan) is revised to clarify that the policy of denial generally applies to both exports and imports of defense articles and services. Paragraph 2 makes a conformal change for standardization of the phrase committee of the UN Security Council concerned with Sout Sudan.

• § 126.5(b) – Canadian exemption
  • Corrected to remove an inconsistent DSP-83 requirement for transfers of defense articles designated as Significant Military Equipment (SME) under the Canadian exemption that conflicted with ITAR 123.10 which stated one was not required

• § 126.5(d) – Canadian exemption
  • Corrected to clarify reexport/retransfer requirements within Canada to another end user or end use do not require a DSP-83 require for articles designated as SME for the reasons noted above.

The second amendment 91 FR 59063 (Sep. 18, 2026) (effective Oct. 19, 2026) Amended the USML Cat. XX(a) to remove certain uncrewed underwater vehicles from the USML unless they provide a critical military or intelligence capability described elsewhere on the USML (ITAR see through rule) or are specially designed to possess certain navigation capabilities and thus made the following changes:

• USML Category XX(a)(9)
  • Revised to make conforming changes related to the restructuring of the controls on uncrewed underwater vehicles (UUVs).

• USML Category XX(a)(10)
  • Substantially revised, continues to describe uncrewed underwater vessels at or under 8000 only if they are specially designed to have navigation capabilities beyond the ability to (1) follow fixed waypoints ad (2) perform collision avoidance maneuvers that adhere to the see-and-avoid principals of navigation regulations

• USML Category XX(a)(11)
  • New Subsection added
  • Certain large autonomous underwater vessels (gross weight rating exceeding 8,000 pounds) that operate without human interaction for longer than 24 hours or more than 70 nautical miles are moved from (a)(10) to (a)(11).

The rulemaking does not modify the license exemption at § 126.9(u) for the vessels described in XX(a)(10). The Department of State solicits comment on possible future revisions to that exemption, but the rule expressly states that § 126.9(u) was not amended by this rulemaking.

The Department of State expressed its intent to include a review of controls on autonomous capabilities, including maritime navigation systems described in USML VI.

Links to the Federal Register notices below

FRN Sept 18 ITAR Updates

FRN USML XX Updates

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