Bartlett’s Annotated ITAR Updated Concerning Temporary Modification of Category XI(b)

Bartlett’s Annotated ITAR (“BITAR”) was updated on 30 Aug 2017. The ITAR was amended today by 82 Fed. Reg. 41173.  The amendment is a final rule, effective today, but it is a temporary modification of Category XI(b), which will last until next year on August 30, 2018, and on that day, an automatic amendment will take effect.  The amendment’s Supplementary Information explains it as follows:

“SUPPLEMENTARY INFORMATION: On July 1, 2014, the Department published a final rule revising Category XI of the USML, 79 FR 37536, effective December 30, 2014. That final rule, consistent with the two prior proposed rules for USML Category XI (78 FR 45018, July 25, 2013 and 77 FR 70958, November 28, 2012), revised paragraph (b) of Category XI to clarify the extent of control and maintain the existing scope of control on items described in paragraph (b) and the directly related software described in paragraph (d). The Department has determined that exporters may read the revised control language to exclude certain intelligence-analytics software that has been and remains controlled on the USML. Therefore, the Department determined that it is in the interest of the security of the United States to temporarily revise USML Category XI paragraph (b), pursuant to the provisions of 22 CFR 126.2, while a long-term solution is developed. The Department will publish any permanent revision to USML Category XI paragraph (b) addressing this issue as a proposed rule for public comment. This temporary revision clarifies that the scope of control in existence prior to December 30, 2014 for USML paragraph (b) and directly related software in paragraph (d) remains in effect. This clarification is achieved by reinserting the words ‘‘analyze and produce information from’’ and by adding software to the description of items controlled. The Department previously published a final rule on July 2, 2015 (80 FR 37974) that temporarily modified USML Category XI(b) until December 29, 2015. The Department published a final rule on December 16, 2015 (80 FR 78130) that continued the July 2, 2015 modification to August 30, 2017. This final rule extends the July 2, 2015 modification to August 30, 2018 to allow the U.S. government to review USML Category XI in full and publish proposed and final rules.”

This edition also adds numerous footnotes and Index entries.

How is the “BITAR” different from the official ITAR available for free on the Internet?

The Annotated ITAR, more popularly known as “Bartlett’s Annotated ITAR (BITAR)” is the only version of the International Traffic in Arms Regulations (22 CFR 120-130) available in Microsoft Word and PDF, and fully updated with the latest amendments.  The BITAR contains the full text of the International Traffic in Arms Regulations, 22 C.F.R. §§ 120-130, with features added by the author, including a Table of Contents, footnotes, section histories, appendixes containing government guidance, user aides, and an Index.

The BITAR will be amended every time the official ITAR is amended, usually within 48 hours of publication in the Federal Register, and subscribers will be notified by email that a new edition is available for download at no extra cost.  Hence, the best way to ensure you have an up-to-date copy of the ITAR is buying this annual subscription to the BITAR from our webshop.

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Contains footnotes to ITAR printing errors
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