State proposes ITAR policy change
The U.S. State Department has proposed in a Federal Register notice Wednesday to amend the International Traffic in Arms Regulations (ITAR) to update policies regarding end-user employment of dual nationals and third-country nationals.
President Obama's Task Force on Export Control Reform warned that the current requirement for the provision of additional information within a license to cover dual national and third-country national foreign employees has 'created a tremendous administrative burden on approved end-users and has evolved into a human rights issue, which has become a focus of contention between the U.S. and allies and friends without a commensurate gain in national security.'
The State Department said, 'based on available intelligence and law enforcement information, and given the current licensing requirements regarding access by dual or third country national employees, most diversions of U.S. Munitions List (USML) items appear to occur outside the scope of approved licenses, not within foreign companies or organizations providing access to properly screened dual national or third country national employees.'
However, the department said the amendment would place the affirmative responsibility upon the foreign company, government, or international organization, with the understanding that by accepting the USML defense article, they must comply with the provisions of U.S. laws and regulations to prevent the possible diversion of U.S. defense articles and technology.
'This change, by no means, reduces the due diligence requirements of the applicant to ensure, to the best of their ability, that the end-use and end-user are consistent with the approved authorization,' the State Department said.
Comments regarding the proposed rule are due to the State Department by Sept. 10. For more details, read the Federal Register notice online. ' Chris Gillis
State proposes ITAR policy change
