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U.S. interim final rule amending ITAR to facilitate defense trade and cooperation with Australia and UK

Interim final rule amending ITAR to facilitate defense trade and cooperation among Australia, UK, and United States

August 16, 2024

The U.S. Department of State today released an interim final rule amending the International Traffic in Arms Regulations (ITAR) to facilitate defense trade and cooperation among Australia, the United Kingdom (UK), and the United States through:

  • A new exemption under section 38(l) of the Arms Export Control Act, facilitating defense trade
  • An expedited licensing process for certain defense article and defense service exports to Australia, Canada, and the UK
  • Adding a list of defense articles and defense services excluded from eligibility for transfer under the new exemption for Australia, the UK, and the United States
  • Adding to the scope of the exemption for intra-company, intra-organization, and intra-governmental transfers to allow for the transfer of classified defense articles to certain dual nationals who are authorized users within the UK and Australia

The Department also seeks further public comment on these changes. This interim final rule adopts the proposed rule published on May 1, 2024, with additional changes and implemented. Read TradeNewsFlash

Comments are due on or before 90 days after publication in the Federal Register, which is scheduled to be August 20, 2024.

The rule is effective on September 1, 2024.

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

Doug Zuvich
Partner and Global Practice Leader
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
E: jlmcloughlin@kpmg.com

Andy Siciliano
Partner and National Practice Leader
E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
E: labad@kpmg.com

Irina Vaysfeld
Principal
E: ivaysfeld@kpmg.com

Amie Ahanchian
Principal
E: aahanchian@kpmg.com

Christopher Young
Principal
E: christopheryoung@kpmg.com

Gisele Belotto
Principal
E: gbelotto@kpmg.com

George Zaharatos
Principal
E: gzaharatos@kpmg.com

Andy Doornaert
Managing Director
E: adoornaert@kpmg.com

Jessica Libby
Principal
E: jlibby@kpmg.com
Jenna Leigh Glass
Managing Director
E: jennaleighglass@kpmg.com

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