State Department Makes Various Amendments To the ITAR

Submission of registration renewal request required 30 days before expiration. 22 CFR 122.3, regarding registration fees for manufacturers and exporters of defense articles or services has been amended to include a new paragraph which states that a registrant must submit its request for registration renewal at least 30 days prior to the expiration date;

Requirements for the maintenance of records in electronic format.22 CFR 122.5, regarding the maintenance of records regarding the manufacture, acquisition, and disposition of defense articles, technical data, defense services, brokering activities, etc. has been amended to include new requirements. Highlights of these new requirements include:

Records in an electronic format must be maintained using a process or system capable of legibly reproducing all records on paper. This information must be stored in such a manner that none of it may be altered once it is initially recorded without recording all changes, who made them, and when they were made.

For processes or systems based on the storage of digital images, the process or system must afford accessibility to all digital images in the records being maintained.

All records subject to this section must be maintained for a period of five years from the expiration of the license or other approval, to include exports using an exemption or, from the date of the transaction (e.g., expired licenses or other approvals relevant to the export transaction using an exemption).

Upon a request by Directorate of Defense Trade Controls (DDTC) or a person designated by DDTC or U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection, the person maintaining the records must furnish the records, the equipment, and if necessary, knowledgeable personnel for locating, reading, and reproducing any record that is required to be maintained in accordance with 22 CFR 122.5

Requirements for fully electronic submissions for export or temporary import licenses.22 CFR 123.1, regarding requirements for export or temporary import licenses, has been revised to include a provision stating that in the case of fully electronic submissions, unless otherwise expressly required by DDTC, applicants need not provide multiple copies of supporting documentation and attachments, supporting technical data or brochures, and freight forwarder lists;

Registration documents may not generally be disclosed to the public. 22 CFR 126.10, regarding the disclosure of information, has been amended to include a provision stating that information provided to the State Department to effect registration, as well as that regarding actions taken by the State Department related to registration, may not generally be disclosed to the public;

Other

1. CFR 127.4 has been revised to address the authority of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection officers;

The definition of "District Director of Customs"' has been amended to reflect that references to "District Directors," have been replaced with "Port Directors" in 22 CFR Sections 123.4, 123.5, 123.6, 123.13, 123.16, 123.17, 123.18, 123.23, 126.4, 126.5, 126.6, and 126.13;

References to the "Bureau of Customs and Border Protection" and "U.S. Customs" have been replaced by "U.S. Customs and Border Protection" in 22 CFR Sections 122.5, 123.4, 123.5, 123.6, 123.13, 123.16, 123.17, 123.18, 123.22, 123.23, 123.24, 124.3, 126.4, 126.5, 126.6, 126.13, and 127.4;

Two new definitions have been added for "North Atlantic Treaty Organization" and the countries listed (22 CFR 120.31) and "major non-NATO ally" and the countries listed (including newly listed Morocco and Pakistan) (22 CFR 120.32). 22 CFR 120.32 is also amended to state that Taiwan shall be treated as though it were designated a major non-NATO ally; and

Certain references to the "Office of Defense Trade Controls" were changed to the "Directorate of Defense Trade Controls" in 22 CFR Sections 122.5, 123.1, 123.4, 123.5, 123.16, 126.4, 126.5, 126.6 and 126.13.

- written comments will be accepted at any time

State Department contact - Mary Sweeney (202) 663-2865

State Department final rule (FR Pub 08/29/05, Public Notice 5176) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-17121.pdf.