U.S. suspension of ITAR regulatory provision related to certain capacitors described on U.S. Munitions List

Certain capacitors that have a voltage rating of 125 volts or less

Certain capacitors that have a voltage rating of 125 volts or less

The U.S. Department of State today released for publication in the Federal Register a temporary suspension of the applicability of regulations for certain capacitors described in the U.S. Munitions List Category XI that have a voltage rating of 125 volts or less.

The six-month temporary suspension [PDF 248 KB] went into effect on November 21, 2022, and will expire on May 22, 2023 (or when terminated by the State Department, whichever occurs first).


Certain low-voltage capacitors with foreign availability that are described in U.S. Munitions List Category XI(c)(5) are now extensively integrated into commercial applications. Pursuant to International Traffic in Arms Regulations (ITAR) § 120.11(c), defense articles described on the USML are controlled and remain subject to the ITAR following integration into any item not described on the USML, unless specifically provided otherwise. Thus, a license or other approval is required prior to any export, reexport, retransfer, or temporary import of an item containing such capacitors.

The Department of State assessed that it is in the security and foreign policy interests of the United States to facilitate commercial uses of certain capacitors when integrated into any item not described on the U.S. Munitions List. 

Accordingly, on November 21, 2022, the Deputy Assistant Secretary of State for Defense Trade Controls ordered the temporary suspension of ITAR § 120.11(c) with respect to capacitors described in U.S. Munitions List Category XI(c)(5) that have a voltage rating of 125 volts or less and have been integrated into, and included as an integral part of, an item not described on the U.S. Munitions List.

For more information, contact a professional with KPMG’s Trade & Customs services:

Doug Zuvich
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Andy Siciliano
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Steve Brotherton
Principal and Global Export and Sanctions Leader
T: 415-963-7861
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Luis (Lou) Abad
Principal, Washington National Tax
T: 212-954-3094
E: labad@kpmg.com

Irina Vaysfeld
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E: ivaysfeld@kpmg.com

Amie Ahanchian
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E: aahanchian@kpmg.com

Christopher Young
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Gisele Belotto
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George Zaharatos
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Andy Doornaert
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Jessica Libby
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