The U.S. Department of State applied changes after reviewing comments received in response to an interim final rule that amended the International Traffic in Arms Regulations (ITAR).
The U.S. Department of State released a final rule further amending U.S. Munitions List (USML) Category XI to remove additional high-energy storage capacitors and to more clearly identify those that remain in USML Category XI.
Today’s amendments come after the Department of State reviewed comments received in response to an April 2023 an interim final rule that amended the International Traffic in Arms Regulations (ITAR) in regard to high-energy storage capacitors and USML Category XI.
The Department of State’s Directorate of Defense Trade Controls (DDTC) administers the ITAR (22 CFR parts 120 through 130) to regulate the export, reexport, retransfer, and temporary import of, and brokering activities related to certain items and services. The articles and information subject to the jurisdiction of the Department of State under the ITAR (i.e., “defense articles”) are identified on the USML at ITAR section 121.1.
The Department, informed by comments received from the public and consultations with its interagency partners, determined the articles removed from the USML by this rule no longer warrant control under the ITAR. On April 27, 2023, the Department published an interim final rule at 88 FR 25488, with an effective date of May 21, 2023 (the interim final rule), to remove from USML Category XI certain high-energy storage capacitors that it assessed have broad commercial application, are available internationally, and do not provide a critical military or intelligence advantage.
Specifically, the interim final rule added a voltage criterion to paragraph (c)(5) of USML Category XI, limiting that paragraph to capacitors “capable of operating at greater than one hundred twenty-five volts (125 V).” In the interim final rule, the Department requested comments from the interested community, focusing on certain questions about the new voltage criterion. The Department now responds to those comments and further amends the ITAR, and more specifically the USML, through this final rule.
