By: John Black
The Directorate of Defense Trade Controls (DDTC) revised the International Traffic in Arms Regulations (ITAR) to upgrade Israel’s status and make a wide range of clarifications. These changes are in the same Federal Register notice that created the ITAR UK exemption and revised the Canadian exemption.
DDTC made three key changes to upgrade Israel’s ITAR status. The first is that DDTC added Israel to the list of NATO and other countries eligible to receive certain retransfers of US components incorporated into a foreign defense article under an exemption. The second is that DDTC added Israel to the list of NATO plus other countries eligible for the faster 15-day time period and high dollar value threshold for Congressional Notification. The third is that Israel was added to the NATO plus countries that have fewer requirements for prior approval or prior notification under the ITAR brokering rules in Part 129.
Many of the changes either clarified or harmonized the existing rules. Some changes worthy of note:
123.9(b): Formerly said you have to put the ITAR destination control statement on “the bill of lading and the invoice.” Now it says you have to put the statement on “the bill of lading, airway bill, or other shipping documents.”
123.9(c): Revised to change, increase, and clarify the requirements’ information and documentation to be submitted with an application for written retransfer authorization from DDTC
123.26: Formerly specified recordkeeping requirements for exports of unclassified technical data. Now it specifies the recordkeeping requirements for all exports under exemptions. The records must include the following:
- A description of the defense article, including technical data, or defense service;
- Name and address of the end-user and other available contact information (e.g.,
- telephone number and electronic mail address);
- Name of the natural person responsible for the transaction;
- Stated end-use of the defense article or defense service;
- Date of the transaction;
- Electronic Export Information (EEI) Internal Transaction Number (ITN);
- Method of transmission.
I used bold face to highlight the things above that at least arguably are new, different, or worth thinking about.
