[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Rules and Regulations]
[Pages 79836-79837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27024]


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DEPARTMENT OF STATE

22 CFR Part 120

[Public Notice: 11274]


International Traffic in Arms Regulations: Notification of 
Temporary Suspension, Modification, or Exception 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 second extension to certain 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 extension will terminate on June 30, 2021 unless 
otherwise extended in writing by the Directorate of Defense Trade 
Controls (DDTC). This action is taken in order to ensure continuity of 
operations among members of the regulated community.

DATES: This document is issued December 11, 2020.

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: June 2021 Extension 
of Suspension, Modification, and Exception.

SUPPLEMENTARY INFORMATION: In March 2020, the President declared a 
national emergency 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, necessary in order 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 warranted as a result of 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, 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 request for public comment in June 2020, it is apparent 
to DDTC that regulated entities will continue to engage in social 
distancing measures for the foreseeable future. Many commenters, one 
industry association, and several individual entities endorsed the 
telework provisions and requested that these measures be effective 
until the end of the year, if not extended indefinitely. DDTC agreed 
and extended the two measures until the end of 2020. DDTC is now 
extending these measures again until June 30, 2021 because DDTC 
believes that a failure to extend these 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.
    This second extension beyond December 31, 2020 is also necessary to 
provide time for DDTC to consider a permanent revision to the ITAR 
provisions relating to remote work. Although the Department is of the 
opinion that the notice and comment requirements of the Administrative 
Procedure Act are not applicable, in the coming months the Department 
intends to provide notice of and solicit comment related to proposed 
revisions to the

[[Page 79837]]

ITAR provisions related to remote work. The notice and comment process 
will require additional time, including to allow DDTC to address any 
potential revisions through the interagency process.
    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 Russia or a 
country listed in ITAR Sec.  126.1. This suspension, modification, 
and exception shall terminate on June 30, 2021, unless otherwise 
extended in writing.
    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 Russia 
or a country listed in ITAR Sec.  126.1. This suspension, 
modification, and exception shall terminate on June 30, 2021, unless 
otherwise extended in writing.

This notification 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. 2020-27024 Filed 12-10-20; 8:45 am]
BILLING CODE 4710-25-P