U.S. State Department removes certain survivability-enhanced aircraft from U.S. Munitions List controls
Rule excludes certain civil aircraft incorporating aircraft survivability equipment from International Traffic in Arms Regulations coverage and requests public comments.
The Department of State today released an interim final rule amending the International Traffic in Arms Regulations (ITAR) to remove from the U.S. Munitions List (USML) certain civil aircraft that have been modified to incorporate aircraft survivability equipment (ASE). The rule also excludes from certain ITAR authorization requirements specified reexports and temporary imports of ASE incorporated into those aircraft.
The rule:
- Revises USML Category VIII(a)(8) to exclude certain “survivability-enhanced aircraft” from USML coverage
- Adds definitions for “ASE,” “secured ASE,” “survivability-enhanced aircraft,” and “USML”
- Defines secured ASE to include certain directed infrared countermeasure (DIRCM) systems and related missile warning systems that incorporate specified anti-tamper protections
- Excludes certain manned civil aircraft modified to incorporate secured ASE from ITAR control, provided they meet the new definition of survivability-enhanced aircraft
- Adds a new exclusion from the definition of export-related activities for certain temporary imports into the United States of secured ASE incorporated into survivability-enhanced aircraft
- Adds a new exclusion for certain movements of secured ASE between foreign countries while incorporated into survivability-enhanced aircraft, provided the ASE was previously exported from the United States under an ITAR license
- Retains USML control over ASE itself, as well as technical data and defense services directly related to ASE
- Clarifies that assistance involving the modification, maintenance, repair, or operation of ASE, or aircraft modifications directly related to ASE integration, may continue to constitute controlled defense services under the ITAR
- Requests public comments on the rule and poses specific questions regarding the scope, clarity, and treatment of ASE-related controls
The interim final rule is effective 45 days after publication in the Federal Register. Comments must be submitted within 30 days after the publication date of August 28, 2026.