[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Rules and Regulations]
[Pages 74967-74968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26134]


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DEPARTMENT OF STATE

22 CFR Part 120

[Public Notice: 11929]


International Traffic in Arms Regulations (ITAR): Notification of 
Temporary Suspension of a Regulatory Provision Related to Certain 
Capacitors Described on the U.S. Munitions List

ACTION: Temporary suspension.

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SUMMARY: The Department of State (the Department) is informing the 
public that on November 21, 2022, the Deputy Assistant Secretary of 
State for Defense Trade Controls temporarily suspended for a period of 
six (6) months the applicability of regulations for certain capacitors 
described in the U.S. Munitions List (USML) Category XI that have a 
voltage rating of one hundred twenty-five volts (125 V) or less.

DATES: This temporary suspension went into effect on November 21, 2022 
and will expire on May 22, 2023 or when terminated by the Department, 
whichever occurs first.

FOR FURTHER INFORMATION CONTACT: Mr. Chris Weil, Office of Defense 
Trade Controls Policy, Department of State, telephone (202) 571-7051; 
email [email protected] ATTN: Temporary Suspension Related 
to Certain Capacitors

SUPPLEMENTARY INFORMATION: On July 1, 2014, the Department published a 
final rule revising Category XI of the USML (79 FR 37536). That final 
rule added USML Category XI(c)(5) to describe high-energy storage 
capacitors with a repetition rate of 6 discharges or more per minute 
and full energy life greater than or equal to 10,000 discharges, at 
greater than 0.2 Amps per Joule peak current, that have any of the 
following:
     Volumetric energy density greater than or equal to 1.5 J/
cc or
     Mass energy density greater than or equal to 1.3 kJ/kg.
    The Department, in consultation with the Departments of Defense and 
Commerce, and other U.S. Government agencies, assessed in the 
rulemaking that the discharge rate and energy life criteria were 
sufficient to differentiate those capacitors warranting ITAR control 
from those that were in normal commercial use at the time of the 
rulemaking.
    It has come to the Department's attention that certain low-voltage 
capacitors with foreign availability that are described in USML 
Category XI(c)(5) are now extensively integrated into commercial 
applications, such as Wi-Fi routers and civil aviation aircraft 
transponders. Pursuant to ITAR Sec.  120.11(c), defense articles 
described on the USML are controlled and remain subject to the ITAR 
following integration into any item not described on the USML, unless 
specifically provided otherwise. Thus, a license or other approval is 
required prior to any export, reexport, retransfer, or temporary import 
of an item containing such capacitors.
    Section 126.2 of the ITAR provides that the Deputy Assistant 
Secretary for Defense Trade Controls may order the temporary suspension 
or modification of any or all provisions of the ITAR when in the 
interest of the security and foreign policy of the United States.
    The Department assessed that it is in the security and foreign 
policy interests of the United States to facilitate commercial uses of 
certain capacitors when integrated into any item not described on the 
USML (for example, certain items used in energy exploration or in 
commercial aircraft used for global travel and commerce). Accordingly, 
on November 21, 2022, pursuant to ITAR Sec.  126.2, and the 
Department's administration of the Arms Export Control Act (AECA) as a 
foreign affairs function as stated in ITAR Sec.  120.20, the Deputy 
Assistant Secretary of State for Defense Trade Controls ordered the 
temporary suspension of ITAR Sec.  120.11(c) with respect to capacitors 
described in USML Category XI(c)(5) that have a voltage rating of one 
hundred twenty-five volts (125 V) or less and have been integrated 
into, and included as an integral part of, an item not described on the 
USML. Such articles are licensed by the Department of Commerce when 
integrated into, and included as an integral part of, items subject to 
the EAR. This temporary

[[Page 74968]]

suspension of ITAR Sec.  120.11(c), as described above, is valid for a 
period of six months until May 21, 2023, or when terminated by notice, 
whichever occurs first.
    Capacitors described in USML Category XI(c)(5) remain subject to 
the controls of the ITAR in all other circumstances, including as 
stand-alone articles. The export, reexport, retransfer, or temporary 
import of technical data and defense services directly related to all 
defense articles described in USML Category XI(c)(5) remain subject to 
the ITAR.
    Any violation of the ITAR, including any violation of the terms and 
conditions of any export license issued by the Department of State 
prior to the temporary suspension announced herein, remains a violation 
of the AECA. The public is reminded that the Department of State 
strongly encourages industry to disclose, pursuant to ITAR Sec.  
127.12, unauthorized exports, reexports, retransfers, or temporary 
imports of defense articles, including the subject capacitors, that 
occurred prior to the temporary suspension announced herein.

    Authority: 22 CFR 126.2; 22 U.S.C. 2778.

Michael F. Miller,
Deputy Assistant Secretary, Defense Trade Controls, Department of 
State.
[FR Doc. 2022-26134 Filed 12-6-22; 8:45 am]
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