[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]
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