Rule2026-17576
International Traffic in Arms Regulations: Extension of Temporary Modification of Category XI(b) of the U.S. Munitions List
Primary source
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Published
August 28, 2026
Effective
August 30, 2026
Issuing agencies
State Department
Abstract
The Department of State (the Department), pursuant to its regulations and in the interest of the national security and foreign policy of the United States, extends a previous temporary modification of Category XI(b) of the United States Munitions List (USML).
Full Text
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<title>Federal Register, Volume 91 Issue 166 (Friday, August 28, 2026)</title>
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[Federal Register Volume 91, Number 166 (Friday, August 28, 2026)]
[Rules and Regulations]
[Pages 55461-55462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17576]
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DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice: 13110]
RIN 1400-AG36
International Traffic in Arms Regulations: Extension of Temporary
Modification of Category XI(b) of the U.S. Munitions List
ACTION: Final rule; extension of temporary modification.
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SUMMARY: The Department of State (the Department), pursuant to its
regulations and in the interest of the national security and foreign
policy of the United States, extends a previous temporary modification
of Category XI(b) of the United States Munitions List (USML).
DATES: This rule is effective August 30, 2026, except for amendatory
instruction 3, which is effective August 30, 2028.
FOR FURTHER INFORMATION CONTACT: Mrs. Engda Wubneh, Office of Defense
Trade Controls Policy, Department of State, telephone (771) 205-9566;
email <a href="/cdn-cgi/l/email-protection#763232223535030502191b1304251304001f151336050217021358111900"><span class="__cf_email__" data-cfemail="b6f2f2e2f5f5c3c5c2d9dbd3c4e5d3c4c0dfd5d3f6c5c2d7c2d398d1d9c0">[email protected]</span></a>. ATTN: Extension of Temporary
Modification--USML Category XI(b).
SUPPLEMENTARY INFORMATION: On July 1, 2014, the Department published a
final rule revising Category XI of the USML, 79 FR 37536, effective
December 30, 2014. That final rule, consistent with the two prior
proposed rules for USML Category XI (78 FR 45018, July 25, 2013 and 77
FR 70958, November 28, 2012), revised paragraph (b) of Category XI to
clarify the extent of control and maintain the existing scope of
control on items described in paragraph (b) and the directly related
software described in paragraph (d). The Department later determined
that exporters may read the revised control language to exclude certain
intelligence-analytics software that has been and remains controlled on
the USML.
Section 126.2 of the ITAR provides that the Deputy Assistant
Secretary for Defense Trade Controls may order the temporary suspension
or modification of any or all provisions of the ITAR when in the
interest of the security and foreign policy of the United States.
Therefore, the Department determined that it was in the interest of the
security of the United States to temporarily revise USML Category XI
paragraph (b), pursuant to the provisions of 22 CFR 126.2, while a
long-term solution was developed. The Department previously published a
final rule on July 2, 2015 (80 FR 37974) that temporarily modified USML
Category XI(b) until December 29, 2015. The Department subsequently
published a series of rules that had the effect of continuing the
modification, the most recent ending on August 30, 2026 (86 FR 48021).
The scope of control in existence prior to December 30, 2014 for
USML Category XI paragraph (b) and directly related software in
paragraph (d) remains in effect. This clarification is achieved by
reinserting the words ``analyze and produce information from'' and by
adding software to the description of items controlled with the
modification of the regulations.
The Department extends the temporary modification of USML Category
XI(b) for two years, to August 30, 2028, while the Department, with its
interagency partners, continues to review the U.S. Munitions List as
mandated by the Arms Export Control Act, 22 U.S.C. 2778(f) and every
three years as mandated by section 1345 of the National Defense
Authorization Act FY24.
[[Page 55462]]
Regulatory Analysis and Notices
Administrative Procedure Act
This rulemaking is exempt from the rulemaking requirements of the
Administrative Procedure Act (APA) pursuant to 5 U.S.C. 553(a)(1) as it
involves a military or foreign affairs function of the United States.
Regulatory Flexibility Act
Since this rule is exempt from the notice-and-comment rulemaking
provisions of 5 U.S.C. 553, it does not require analysis under the
Regulatory Flexibility Act.
Unfunded Mandates Reform Act of 1995
This rulemaking does not involve a mandate that will result in the
expenditure by state, local, and tribal governments, in the aggregate,
or by the private sector of $100 million or more in any year and it
will not significantly or uniquely affect small governments. Therefore,
no actions are deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Congressional Review Act
The Office of Information and Regulatory Affairs has found that
this rulemaking is not a major rule within the criteria of 5 U.S.C.
804(2).
Executive Orders 12372 and 13132
This rulemaking does not have sufficient federalism implications to
require consultations or warrant the preparation of a federalism
summary impact statement. The regulations implementing Executive Order
12372 regarding intergovernmental consultation on Federal programs and
activities do not apply to this rulemaking.
Executive Orders 12866 and 13563
Executive Order 12866, as supplemented and affirmed by Executive
Order 13563, directs agencies to assess all costs and benefits of
available regulatory alternatives and, if regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributed impacts, and equity). Executive Order 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. This rulemaking is
deemed a not significant rule under section 3(f) of Executive Order
12866.
Executive Order 14192
This rule is exempt from Executive Order 14192 as it is a
regulation issued with respect to a foreign affairs or national
security function of the United States.
Executive Order 12988
The Department of State has reviewed this rulemaking in light of
sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate
ambiguity, minimize litigation, establish clear legal standards, and
reduce burden.
Executive Order 13175
The Department of State has determined that this rulemaking will
not have tribal implications, will not impose substantial direct
compliance costs on Indian tribal governments, and will not preempt
tribal law. Accordingly, the requirements of Executive Order 13175 do
not apply to this rulemaking.
Paperwork Reduction Act
This rulemaking does not impose or revise any information
collections subject to 44 U.S.C. chapter 35.
List of Subjects in 22 CFR Part 121
Arms and munitions, Classified information, Exports.
For reasons stated in the preamble, the Department of State amends
22 CFR part 121 as follows:
PART 121--THE UNITED STATES MUNITIONS LIST
0
1. The authority citation for part 121 continues to read as follows:
Authority: 22 U.S.C. 2752, 2778, 2797; 22 U.S.C. 2651a; Sec.
1514, Pub. L. 105-261, 112 Stat. 2175; E.O. 13637, 78 FR 16129, 3
CFR, 2013 Comp., p. 223.
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2. In Sec. 121.1, under Category XI, revise paragraph (b) to read as
follows:
Sec. 121.1 The United States Munitions List.
* * * * *
Category XI--Military Electronics
* * * * *
* (b) Electronic systems, equipment or software, not elsewhere
enumerated in this subchapter, specially designed for intelligence
purposes that collect, survey, monitor, or exploit, or analyze and
produce information from, the electromagnetic spectrum (regardless of
transmission medium), or for counteracting such activities.
* * * * *
0
3. Effective August 30, 2028, in Sec. 121.1. under Category XI, revise
paragraph (b) to read as follows:
Sec. 121.1 The United States Munitions List.
* * * * *
Category XI--Military Electronics
* * * * *
* (b) Electronic systems or equipment, not elsewhere enumerated in
this subchapter, specially designed for intelligence purposes that
collect, survey, monitor, or exploit the electromagnetic spectrum
(regardless of transmission medium), or for counteracting such
activities.
* * * * *
Fleet R. White,
Assistant Secretary, Bureau of Political-Military Affairs, Department
of State.
[FR Doc. 2026-17576 Filed 8-27-26; 8:45 am]
BILLING CODE 4710-25-P
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