In a forthcoming Federal Register Notice, the State Department’s Directorate of Defense Trade Controls (DDTC) is announcing that it is extending until June 30, 2021 the temporary exception provision under the International Traffic in Arms Regulations (ITAR) to allow for continued telework operations during the current COVID-19 public health emergency. DDTC announced this extension “[b]ased upon continued public health recommendations and … [since] it is apparent to DDTC that regulated entities will continue to engage in social distancing measures for the foreseeable future.”
In announcing this extension, DDTC is extending certain license exceptions initiated in May 2020 (see Update of April 27, 2020). Specifically, the following temporary suspensions, modifications and exceptions are being extended as follows:
- A temporary suspension, modification and exception to the requirement that a “regular employee”, for purposes of ITAR § 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 Russia or a country listed in ITAR § 126.1.
- 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 Russia or a country listed in ITAR § 126.1.
While both extensions are scheduled to expire on June 30, 2021, DDTC also announced that this extension would provide time for the agency to consider a permanent revision to the ITAR provisions relating to remote work. This proposed rule was reportedly sent for interagency review recently and DDTC has stated that it intends to provide notice of and solicit comments related to any proposed permanent revisions to the ITAR provisions related to remote work.