On January 17, 2025, the Department of State’s Directorate of Defense Trade Controls (DDTC) published an Interim Final Rule that will amend §§ 121.0 and 121.1 of the International Traffic in Arms Regulations (ITAR) by revising certain U.S. Munitions List (USML) definitions, adding new definitions, and updating certain parts of the USML under categories II, IV, V, VII through XIV, and XIX through XXI. These amendments will take effect on September 15, 2025.

While the revisions are detailed and require close review, when applicable to manufactures and exporters of the covered items, software or technical data, amendments of note are:

  • USML category VII is revised to further clarify the universe of “ground vehicles” described, but with no change to the scope of controls. 
  • USML category VIII for aircraft and related articles is revised under VIII(h) for parts, components, accessories, attachments and associated equipment and systems to further clarify and delineate DDTC’s intent around control of covered items. This includes when items from paragraph (h)(1) based solely on their subsequent use in aircraft included in USML Category XXI or in foreign advanced military aircraft (newly defined in this rulemaking) may be released from this paragraph. 
  • USML category X for personal protective equipment is revised to describe and cover exoskeletons under development for Department of Defense (DoD). This category is also being revised to align body armor protection levels with the most recent NIJ standards.
  • USML Category XI regarding military electronics is revised to reflect that certain anti-jam antennas no longer provide a critical military advantage, with increasing commercial utilization applicable to civil GPS resiliency. In doing so, DDTC will remove certain Controlled Reception Pattern Antennas for Position, Navigation, and Timing from this category to facilitate civil global navigation resiliency.
  • USML category XIV, covering toxicological and chemical agents, is revised to include additional nerve agents and a defoliants.
  • USML Category XIX for gas turbine engines is revised to add specific DoD-funded aircraft engines in development that provide a critical military or intelligence advantage, as well as their specially designed parts, components, accessories, and attachments.
  • USML Category XX covering submersible vessels is amended to control two new classes of uncrewed, untethered vessels and vehicles that provide a critical military advantage – specifically, those equipped with anti-recovery features, and larger systems with significant range or endurance.

This Interim Rule also addresses several typographical errors, updates language, and provides clarification under various other USML categories.

The Interim Rule also provides details on how the revisions will impact reexports/retransfers, Technical Assistance Agreements (TAAs), Manufacturing License Agreements (MLAs) and other reporting requirements. DDTC notes that consistent with prior revisions of USML categories, additional guidance that addresses specific licensing scenarios will be provided on its website.

With these revisions, DDTC notes that items removed from a USML paragraph by this Interim Rule may still be described in other USML paragraphs, or may become subject to the export licensing jurisdiction of the Department of Commerce pursuant to the Export Administration Regulations (EAR) and falling under the Commodity Control List (CCL). If there are questions as to jurisdiction, exporters should evaluate the control status of their item and, as necessary, submit a commodity jurisdiction (CJ) request. 

For any items that will move from jurisdiction under the ITAR to the EAR, current holders of DDTC licenses, agreements or other approvals can continue operating under the existing authorizations, or seek new licenses from the Department of Commerce’s Bureau of Industry and Security (BIS). For exporters who wish to export under the EAR as soon as possible for items moving from the USML to the CCL, a license application may be submitted immediately after the publication of the BIS final rule adding such items to the CCL. During the transition period, license applications will be accepted by both DDTC and BIS for items moving from the USML to the CCL. Note, however, that BIS will not issue approved licenses for such items until on or after the effective date of this rule – September 15, 2025.

DDTC is accepting public comment on this Interim Final Rule until March 18, 2025. Comments must be submitted via the Federal eRulemaking Portal at: https://www.regulations.gov under Docket No. DOS–2024–0047. Comments may also be submitted via email to DDTCPublicComments@state.gov, with commenting parties including RIN 1400–AF42 in the subject line of the email message. For this rulemaking, DDTC is not only seeking broad public comments on the revisions described, but has also provided nine specific questions on which it is seeking comment on changes to several USML categories, as well as whether there are items, services or technical data closely related to these revisions that warrant ITAR control, or that would now be under ITAR control but have been in normal commercial use.