[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Proposed Rules]
[Pages 35028-35032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08829]
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DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 12377]
RIN 1400-AF84
International Traffic in Arms Regulations: Exemption for Defense
Trade and Cooperation Among Australia, the United Kingdom, and the
United States
AGENCY: Department of State.
ACTION: Proposed rule.
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SUMMARY: The Department of State (the Department) proposes to amend the
International Traffic in Arms Regulations (ITAR) to support the goals
of the AUKUS partnership, the enhanced trilateral security partnership
among Australia, the United Kingdom, and the United States. This
exemption is designed to foster defense trade and cooperation between
and among the United States and two of its closest allies. It is
reflective of our nations' collective commitment to implement shared
security standards on protecting defense technology and sensitive
military know-how. To achieve this, the Department proposes to amend
the ITAR to include an exemption to the requirement to obtain a license
or other approval from the Department's Directorate of Defense Trade
Controls (DDTC) prior to any export, reexport, retransfer, or temporary
import of defense articles; the performance of defense services; or
engagement in brokering activities between or among authorized users
within Australia, the United Kingdom, and the United States. The
Department also proposes to add a list of defense articles and defense
services excluded from eligibility for transfer under the proposed new
exemption; add to the scope of the exemption for intra-company, intra-
organization, and intra-governmental transfers to allow for the
transfer of classified defense articles to certain dual nationals who
are authorized users or regular employees of an authorized user within
the United Kingdom and Australia; and revise the section on expediting
license review applications by referencing new processes for Australia,
the United Kingdom, and Canada.
DATES: Send comments on or before May 31, 2024.
ADDRESSES: Interested parties may submit comments by one of the
following methods:
Email: [email protected], with the subject line
``Australia, the United Kingdom, and the United States ITAR Exemption''
Internet: At www.regulations.gov, search for this notice
using Docket DOS-2024-0013.
Those submitting comments should not include any personally
identifying information they do not desire to be made public or
information for which a claim of confidentiality is asserted. Comments
and/or transmittal emails will be made available for public inspection
and copying after the close of the comment period via the Directorate
of Defense Trade Controls website at www.pmddtc.state.gov. Parties who
wish to comment anonymously may submit comments via
www.regulations.gov, leaving identifying fields blank.
FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Foreign Affairs
Officer, Office of Defense Trade Controls Policy, U.S. Department of
State, telephone (771) 205-9566; email [email protected],
ATTN: Regulatory Change, ITAR Section 126.7 Australia, the United
Kingdom, and the United States Exemption.
SUPPLEMENTARY INFORMATION: On September 15, 2021, the leaders of
Australia, the United Kingdom, and the United States announced an
intention to deepen ``diplomatic, security, and defense cooperation to
meet the challenges of the twenty-first century'' through the creation
of AUKUS, an enhanced trilateral security partnership. Reflective of
the goals of AUKUS, on December 22, 2023, President Biden signed the
National Defense Authorization Act (``NDAA'') for Fiscal Year 2024,
Public Law 118-31, which, among other matters, established new
[[Page 35029]]
authorities and requirements relating to defense trade between or among
Australia, the United Kingdom, and the United States. These new
authorities and requirements are contained in section 1343 of the NDAA
for Fiscal Year 2024, which created a new section 38(l) in the Arms
Export Control Act (AECA) (22 U.S.C. 2778(l)). Certain of these
requirements include a determination and certification as to whether
Australia and the United Kingdom have implemented systems of export
controls that are comparable to those of the United States in several
specified areas. If one or both partner nation's systems are determined
and certified to meet the listed standards related to export controls
in the AECA, and if the partner nation has implemented a comparable
exemption from its export controls for the United States, the
Department would immediately implement an ITAR exemption, subject to
certain statutory limitations, for the partner nation(s) to which the
positive certification applies. A separate provision, section 1344 of
the NDAA for Fiscal Year 2024, calls for regulatory action to establish
an expedited decision-making process for license applications to export
certain commercial, advanced-technology defense articles and defense
services to Australia, the United Kingdom, and Canada. These proposed
amendments stand to enhance security cooperation and collaboration with
two of our closest allies.
The Department is proposing an ITAR amendment in the interest of
preparing for a future exemption and obtaining public feedback to shape
a final rule following any positive certification. The proposed new
exemption, designed to implement the provisions of new section 38(l) of
the AECA, would be located in ITAR Sec. 126.7 and would provide that
no license or other approval is required for the export, reexport,
retransfer, or temporary import of defense articles; the performance of
defense services; or engagement in brokering activities between or
among designated authorized users within Australia, the United Kingdom,
and the United States provided certain requirements and limitations are
met. These include a list of excluded defense articles and defense
services not eligible for the exemption, which can be found in a
proposed new Supplement No. 2 to Part 126. The scope of excluded
defense articles and defense services remain subject to revision and
the Department welcomes comment on proposed Supplement No. 2 to Part
126. Further details regarding the requirements and limitations of the
proposed exemption are as follows:
In Sec. 126.7(b)(1), the exemption may only be used for
transfers to or within the physical territory of Australia, the United
Kingdom, or the United States, per AECA section 38(l)(1)(C)(2).
In Sec. 126.7(b)(2), the pool of eligible members, known
as authorized users, is created to facilitate secure defense trade and
cooperation. Australia and the United Kingdom's members will undergo an
authorized user enrollment process, in coordination with DDTC, and
those members will be listed through the DDTC website. Members located
in the United States must be registered with DDTC and not debarred
under ITAR Sec. 127.7. The UK and Australia authorized users may
request that DDTC provide confirmation of the status of U.S. authorized
users. As these lists are subject to change, DDTC will confirm the
eligibility of parties under this exemption prior to the transfer
(e.g., export, temporary import, reexport, etc.) of defense articles or
defense services.
In Sec. 126.7(b)(3), the defense articles and defense
services listed in Supplement No. 2 to Part 126 are not eligible for
this proposed exemption. These items are excluded from eligibility
under the proposed exemption because (1) they are exempted from
eligibility by statute, including AECA section 38(j)(1)(C)(ii), or (2)
are specifically exempted by either the UK, Australia, or the United
States, per AECA section 38(l)(4)(A). For those items excluded from
eligibility to be transferred under this proposed exemption by the
United States, the U.S. government assessed that the defense articles
and defense services in the list require a license or other approval
from DDTC due to their importance to the national security and foreign
policy interests of the United States. These items are, however,
subject to the expedited licensing procedures listed in Sec. 126.15
and may be reviewed and revised during the lifetime of the exemption.
The Department notes that Supplement No. 2 to Part 126 lists the USML
entries in column 1 that represent the location of the excluded defense
articles and defense services within the USML. A USML category's
listing in column 1 does not indicate the entire USML category is
excluded; only the portions of those entries that are further described
in column 2 are excluded. When reviewing the list of exclusions,
careful review of all relevant entries is required. For example, when
determining whether manufacturing know-how and source code described in
USML Category IV(i) is excluded, entries such as exclusions for
technical data designated as Missile Technology (MT) or directly
related to anti-tamper articles may apply, and manufacturing know-how
and source code are each addressed in separate exclusion entries:
[cir] IV(a), (b), and (g): Manufacturing know-how and source code
directly related to articles in these paragraphs are both excluded.
[cir] IV(c): Manufacturing know-how directly related to articles in
this paragraph is not excluded, but directly related source code is
excluded.
[cir] IV(d) and (h): Manufacturing know-how directly related to
articles in these paragraphs is excluded, but directly related source
code is not excluded.
In Sec. 126.7(b)(4), transferors that use this proposed
exemption must abide by this requirement for recordkeeping purposes,
and such records must be made available to DDTC upon request.
In Sec. 126.7(b)(5), the limitations provided exclude
exemption use for transfers that would require certification to
Congress pursuant to sections 36(c) and 36(d) of the AECA.
In Sec. 126.7(b)(6) and (7), the Department is
reiterating other ITAR provisions to underscore that the proposed
exemption is subject to other requirements within the subchapter, and
the named sections are not an exhaustive list.
In Sec. 126.7(b)(8), the Department is establishing that
classified defense articles and defense services are eligible for
transfer under this exemption provided the authorized users in the
United States, Australia, and the United Kingdom meet their respective
industrial security requirements. For authorized users in the United
States, this is the National Industrial Security Program Operating
Manual (NISPOM) (32 CFR part 117) and, for Restricted Data, the Atomic
Energy Act of 1954, as amended. For Australian authorized users, this
is the Defence Security Principles Framework (DSPF) Principle 16 and
Control 16.1, Defence Industry Security Program, and for United Kingdom
authorized users this is the Government Functional Standards (GovS)
007: Security.
The Department is also proposing to add a provision to the
exemption in ITAR Sec. 126.18 to allow certain dual nationals of
Australia and the United Kingdom to receive classified defense articles
without a separate license from DDTC. These persons must be authorized
users of the exemption in Sec. 126.7 or regular employees of such
authorized users in Sec. 126.7, hold a security clearance approved by
Australia, the United Kingdom, or the United States that is equivalent
to the classification level of SECRET or above
[[Page 35030]]
in the United States, and be located within the physical territory of
Australia, the United Kingdom, or the United States or be a member of
the armed forces of Australia, the United Kingdom, or the United States
acting in their official capacity. The proposed addition of Sec.
126.18(e) is to facilitate the use of the exemption at Sec. 126.7 and
allow dual nationals of another country, and Australia or the United
Kingdom, to transfer classified defense articles provided the listed
criteria, as described in Sec. 126.18(e), are met.
Lastly, the Department is proposing to revise Sec. 126.15
per the provisions of section 1344 of the NDAA for Fiscal Year 2024.
This revised text would note the review of license applications for
exports of certain commercial, advanced-technology defense articles and
defense services to or between the physical territories of Australia,
the United Kingdom, or Canada, and are with government or corporate
entities from such countries, shall be processed within certain
timeframes. The subject export must not be eligible for transfer under
an ITAR exemption. License requests related to a government-to-
government agreement between Australia, the United Kingdom, or Canada
and the United States must be approved, returned, or denied within 30
days of submission. For all other license applications subject to this
section, any review shall be completed no later than 45 calendar days
after the date of the application. The Department notes that the
existing language in Sec. 126.15 paragraphs (a) and (b) are separate
ITAR provisions implementing requirements that originated in the NDAA
for Fiscal Year 2005.
The Department issues this proposed rulemaking noting that the AECA
requires that an exemption must be immediately implemented when the
Department certifies that Australia and/or the United Kingdom meet the
requirements of section 38(l)(1)(A). The exemption contemplated by this
proposed rule is designed to execute this requirement. This proposed
rule is being published in order to solicit public comment on the
clarity and utility of such an exemption, and related proposed changes,
including the list of excluded defense articles and defense services
found at the proposed Supplement No. 2 to Part 126.
Finally, the Department notes the changes to Sec. 126.15 of this
proposed rule may be implemented by a separate final rule, based on
timing and statutory constraints.
Regulatory Analysis and Notices
Administrative Procedure Act
This rulemaking is exempt from the notice-and-comment rulemaking
requirements of the Administrative Procedure Act (APA) pursuant to 5
U.S.C. 553(a)(1) as a military or foreign affairs function of the
United States Government. Despite this exemption, the Department has
elected to publish this proposed rule for public comment.
Regulatory Flexibility Act
Since this rule is exempt from the notice-and-comment provisions of
5 U.S.C. 553 as a military or foreign affairs function, the rule does
not require analysis under the Regulatory Flexibility Act.
Unfunded Mandates Reform Act of 1995
This rulemaking does not involve a mandate that will result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any year and it
will not significantly or uniquely affect small governments. Therefore,
no actions are deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Executive Orders 12372 and 13132
This rulemaking will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this proposed amendment does not
have sufficient federalism implications to require consultations or
warrant the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this rulemaking.
Executive Orders 12866, 14094 and 13563
Executive Order 12866, as amended by Executive Order 14094, and
Executive Order 13563 direct agencies to assess all costs and benefits
of available regulatory alternatives and, if regulation is necessary,
to select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributed impacts, and equity). Executive Order 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. Because the scope
of this rule does not impose additional regulatory requirements or
obligations, the Department believes costs associated with this rule
will be minimal. Regarding the proposed exemption, Australia and the
United Kingdom, as set forth in the Section 655 reports required
annually by the Foreign Assistance Act of 1961, as amended, are
ordinarily among the most commonly-licensed destinations for transfers
subject to the ITAR. The Department expects that fewer license
applications will be submitted as a result of this rule for authorized
users that meet the criteria of the exemption, for eligible transfers
of defense articles and defense services to and between Australia, the
United Kingdom, and the United States. Consequently, this exemption
will relieve licensing burdens for some exporters. Regarding the
expedited licensing review process when an ITAR exemption is not
available for use, the Department expects minimal costs associated with
this provision for the public, with the benefit of license applications
involving Australia, the United Kingdom, or Canada being subject to
faster adjudication. The Department is seeking public comment on its
assessment of the costs and benefits of this proposed rule. This rule
has been designated as a significant regulatory action by the Office
and Information and Regulatory Affairs under Executive Order 12866.
Executive Order 12988
The Department of State has reviewed this rulemaking in light of
Executive Order 12988 to eliminate ambiguity, minimize litigation,
establish clear legal standards, and reduce burden.
Executive Order 13175
The Department of State has determined that this rulemaking will
not have tribal implications, will not impose substantial direct
compliance costs on Indian tribal governments, and will not preempt
tribal law. Accordingly, Executive Order 13175 does not apply to this
rulemaking.
Paperwork Reduction Act
This rulemaking does not impose or revise any information
collections subject to 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 126
Arms and munitions, Exports.
For the reasons set forth above, title 22, chapter I, subchapter M,
part 126 is proposed to be amended as follows:
[[Page 35031]]
PART 126--GENERAL POLICIES AND PROVISIONS
0
1. The authority citation for part 126 is revised to read as follows:
Authority: 22 U.S.C. 287c, 2651a, 2752, 2753, 2776, 2778, 2779,
2779a, 2780, 2791, 2797; Sec. 1225, Pub. L. 108-375, 118 Stat. 2091;
Sec. 7045, Pub. L. 112-74, 125 Stat. 1232; Sec. 1250A, Pub. L 116-
92, 133 Stat. 1665; Sec. 205, Pub. L. 116-94, 133 Stat. 3052; Secs.
1343 and 1344, Pub. L. 118-31, 137 Stat. 510; E.O. 13637, 78 FR
16129, 3 CFR, 2013 Comp., p. 223.
0
2. Add Sec. 126.7 to read as follows:
Sec. 126.7 Exemption for defense trade and cooperation among
Australia, the United Kingdom, and the United States.
(a) No license or other approval is required for the export,
reexport, retransfer, or temporary import of defense articles, the
performance of defense services, or engagement in brokering activities
as described in part 129 of this subchapter, between or among
authorized users of this exemption, subject to the requirements and
limitations in paragraph (b) of this section.
(b) The exemption described in paragraph (a) of this section is
subject to the following requirements and limitations:
(1) The transfer must be to or within the physical territory of
Australia, the United Kingdom, or the United States;
(2) The transferor and recipient must be:
(i) U.S. persons registered with the Directorate of Defense Trade
Controls (DDTC) and not debarred under Sec. 127.7 of this subchapter;
or
(ii) Authorized users identified through the DDTC website;
(3) The defense article or defense service is not identified in
Supplement No. 2 to part 126 of this subchapter as ineligible for
transfer under this exemption;
(4) The transferor shall maintain records of each transfer
available to the Directorate of Defense Trade Controls upon request,
including a description of the defense article or defense service; the
name and address of the recipient and the end-user, and other available
contact information (e.g., telephone number and electronic mail
address); the name of the natural person responsible for the
transaction; the stated end use of the defense article or defense
service; the date of the transaction; and the method of transfer;
(5) The value of the transfer does not exceed the amounts described
in Sec. 123.15 of this subchapter and does not involve the
manufacturing abroad of significant military equipment as described in
Sec. 124.11 of this subchapter;
(6) The transfer is subject to meeting the requirements of this
subchapter, to include Sec. Sec. 120.15(d) and 120.16 of this
subchapter, parts 122 and 123 of this subchapter (except insofar as
exemption from licensing requirements is herein authorized) and Sec.
126.1 of this subchapter, and the requirement to obtain non-transfer
and use assurances for all significant military equipment;
(7) Transferors must comply with the requirements of ITAR Sec.
123.9(b) of this subchapter; and
(8) For U.S. authorized users, transfers of classified defense
articles and defense services must meet the requirements in 32 CFR part
117, National Industrial Security Program Operating Manual (NISPOM)
and, for Restricted Data, the Atomic Energy Act of 1954, as amended.
Australian authorized users must meet the requirements in the Defence
Security Principles Framework (DSPF) Principle 16 and Control 16.1,
Defence Industry Security Program, and United Kingdom authorized users
must meet the requirements in the Government Functional Standards GovS
007: Security.
* * * * *
0
3. In Sec. 126.15, revise the section heading and add paragraphs (c)
and (d) to read as follows:
Sec. 126.15 Expedited processing of license applications for the
export of defense articles and defense services to Australia, the
United Kingdom, or Canada.
* * * * *
(c) Any application submitted for authorization of the export of
defense articles or defense services to Australia, the United Kingdom,
or Canada, describing an export that cannot be undertaken under an
exemption provided in this subchapter, will be expeditiously processed
by the Department of State. The prospective export must occur wholly
within, or between the physical territories of Australia, the United
Kingdom, Canada, or the United States, and between governments or
corporate entities from such countries.
(d) Any license application in paragraph (c) of this section to
export defense articles and defense services related to a government-
to-government agreement between Australia, the United Kingdom, or
Canada and the United States must be approved, returned, or denied
within 30 days of submission. For all other license applications, any
review shall be completed no later than 45 calendar days after the date
of the application. The provisions of this paragraph do not apply to
any applications which require congressional certification.
0
4. In Sec. 126.18, add paragraph (e) to read as follows:
Sec. 126.18 Exemptions regarding intra-company, intra-organization,
and intra-governmental transfers to employees who are dual nationals or
third-country nationals.
* * * * *
(e) Notwithstanding any other provisions of this subchapter, no
license is required for the transfer of classified defense articles to
citizens of Australia or the United Kingdom who:
(1) Are dual nationals of another country;
(2) Are authorized users, or regular employees of an authorized
user of the exemption in Sec. 126.7;
(3) Hold a security clearance approved by Australia, the United
Kingdom, or the United States that is equivalent to the classification
level of SECRET or above in the United States; and
(4) Are either:
(i) Within the physical territory of Australia, the United Kingdom,
or the United States; or
(ii) A member of the armed forces of Australia, the United Kingdom,
or the United States acting in their official capacity.
0
5. Add Supplement No. 2 to Part 126 to read as follows:
Supplement No. 2 to Part 126--Excluded Technology List
Supplement No. 2 lists the defense articles and defense services
excluded from the scope of the exemption provided at Sec. 126.7 of
this subchapter. USML entries in column 1 represent the location of the
excluded defense articles and defense services within the USML and does
not indicate the entire USML entry in column 1 is excluded; only the
portions of those entries that are further described in column 2 are
excluded.
[[Page 35032]]
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USML entry Exclusion
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I through XV, and XX.............. Missile Technology Control Regime
(MTCR) articles, as annotated on
the USML by an ``MT'' designation;
and directly related technical data
and defense services.
I through XX...................... Readily identifiable anti-tamper
articles, not already installed in
the commodity they are intended to
protect; and directly related
technical data and defense
services.
II(k), III(e), IV(i), VI(g), and Source code, directly related to
XIX(g). articles described in USML
Categories II(a)(4), II(d),
II(j)(12) or (16), III(d)(1) or
(2), IV(a), (b), (c), or (g), VI(a)
or (c), or XIX(e), beyond that
required for build-to-print, design-
to-specification, or basic
operation, maintenance, or
training, unless export is pursuant
to a written solicitation or
contract issued or awarded by the
U.S. Department of Defense for a
pre-determined end-use.
II(k), III(e), IV(i), X(e), and Manufacturing know-how (see Sec.
XIX(g). 120.43(e)) directly related to:
--articles described in USML
Categories II(d), III(d)(1) or (2),
IV(a), (b), (d), (g), or (h),
X(a)(1) or (2), or XIX; or
--parts, components, accessories, or
attachments that are only used in
those articles.
XI(d) and XII(f).................. Classified manufacturing know-how
directly related to:
--articles described in USML
Categories XI(a)(3) or (4), or
XII(d); or
--parts, components, accessories, or
attachments that are only used in
those articles.
II(j)(9) through (11), and (k).... Articles described in USML Category
II(j)(9) through (11) that are not
an element of an armament, weapon,
or military platform; and directly
related technical data and defense
services.
III(a)(9) and (e); IV(a)(5) and Cluster munitions and articles
(6), (b)(2), (c), (g), (h), and specially designed for cluster
(i); VI(f)(6) and (g); VIII(h)(6) munitions; and directly related
and (i); XI(c) and (d); XII(a), technical data and defense
(d), (e), and (f); and XX(c) and services.
(d).
IV(a)(3), (9), (10), and (11), Articles described in USML Category
(b)(2), (h)(5), and (i). IV(a)(3), (9), (10), or (11),
(b)(2), or (h)(5); and directly
related technical data and defense
services.
V(a)(13)(iii) and (iv), Articles described in USML Category
(a)(23)(iii), (d)(3), (i), and V(a)(13)(iii) or (iv),
(j). (a)(23)(iii), or (d)(3); articles,
other than propellants, described
in USML Category V(i); and directly
related technical data and defense
services.
VI(e), (f)(5), and (g); and Articles described in USML Category
XX(b)(1), (c), and (d). VI(e) or (f)(5), or XX(b)(1);
articles specially designed for
articles described in USML Category
XX(b)(1); and directly related
technical data and defense
services.
VIII(a)(2), (h)(1), and (i)....... The F-22 aircraft and articles
specially designed for the
F[dash]22, other than those also
used in aircraft other than the F-
22; and directly related technical
data and defense services.
X(a)(7)(ii), (d)(2) and (3), and Articles described in USML Category
(e). X(a)(7)(ii); articles specially
designed therefor; and directly
related technical data and defense
services.
XI(a) through (d); and XIII(b) and Classified countermeasures and
(l). counter-countermeasures described
in USML Category XI(a) and
specially designed parts,
components, accessories, and
attachments therefor, other than
underwater acoustic decoy
countermeasures.
Classified articles described in
USML Category XI(b) or XIII(b).
Articles specially designed for
commodities or software described
in USML Category XIII(b).
Classified articles described in
USML Category XI(c) directly
related to cryptographic systems.
Articles directly related to naval
acoustic spectrum control and
awareness described in USML
Category XI(a)(1)(i) and (ii) and
(c) and directly related technical
data and defense services.
XII(d)(3) and (f)................. Classified articles described in
USML Category XII(d)(3) and
directly related technical data and
defense services; and source code
and classified technical data and
defense services directly related
to night vision commodities
described in USML Category
XII(c)(1) or (2), or (e), beyond
basic operations, maintenance, and
training information.
XIII(d)(2) and (l)................ Articles described in USML Category
XIII(d)(2); and directly related
technical data and defense
services.
XIV(a), (b), (c)(5), (f)(1), (i), Articles described in USML Category
and (m). XIV(a), (b), (c)(5), (f)(1), or
(i); and directly related technical
data and defense services.
XV(a), (e), and (f)............... Classified articles described in
USML Category XV(a) or (e); and
directly related classified
technical data and defense
services.
XVI............................... Articles described in USML Category
XVI; and directly related technical
data and defense services.
XVIII............................. Classified articles described in
USML Category XVIII specially
designed for counter-space
operations; and directly related
classified technical data and
defense services.
XIX(e), (f)(1) and (2), and (g)... Classified articles described in
USML Category XIX(e), (f)(1), or
(f)(2), not already integrated into
a complete engine; and directly
related technical data and defense
services.
XX(b)(2), (c), and (d)............ Articles described in USML Category
XX(b)(2); articles specially
designed therefor; and directly
related technical data and defense
services.
XX(d)............................. Manufacturing know-how (see Sec.
120.43(e)) directly related to:
--crewed vessels, or classified
uncrewed vessels, described in USML
Category XX(a); or
--articles described in USML
Category XX(b) or (c) that are:
[cir] used only in crewed vessels,
[cir] directly related to classified
payloads, or
[cir] directly related to classified
Uncrewed Underwater Vehicle (UUV)
signature reduction techniques.
XXI............................... Commodities, software, technical
data, and defense services, unless
specifically designated as eligible
for the AUKUS exemption in State's
written Category XXI determination.
------------------------------------------------------------------------
Bonnie D. Jenkins,
Under Secretary, Arms Control and International Security, Department of
State.
[FR Doc. 2024-08829 Filed 4-30-24; 8:45 am]
BILLING CODE 4710-25-P