International Traffic in Arms Regulations: Clarifying Policies of Denial, Updating the Major Non-NATO Ally List, and Minor Corrections; Corrections
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Abstract
On September 18, 2026, the Department of State revised the International Traffic in Arms Regulations (ITAR) to clarify certain policy-of-denial provisions, update country policies for Ethiopia and Somalia, add Saudi Arabia and Peru to the list of major non-NATO allies, and make other miscellaneous corrections. That document included incorrect amendatory instructions resulting in the inadvertent removal of regulatory text. This document corrects the final regulations.
Full Text
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<title>Federal Register, Volume 91 Issue 183 (Wednesday, September 23, 2026)</title>
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[Federal Register Volume 91, Number 183 (Wednesday, September 23, 2026)]
[Rules and Regulations]
[Page 60299]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19404]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 91, No. 183 / Wednesday, September 23, 2026 /
Rules and Regulations
[[Page 60299]]
DEPARTMENT OF STATE
22 CFR Part 125 and 126
[Public Notice: 13121]
RIN 1400-AG31
International Traffic in Arms Regulations: Clarifying Policies of
Denial, Updating the Major Non-NATO Ally List, and Minor Corrections;
Corrections
AGENCY: Department of State.
ACTION: Correcting amendments.
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SUMMARY: On September 18, 2026, the Department of State revised the
International Traffic in Arms Regulations (ITAR) to clarify certain
policy-of-denial provisions, update country policies for Ethiopia and
Somalia, add Saudi Arabia and Peru to the list of major non-NATO
allies, and make other miscellaneous corrections. That document
included incorrect amendatory instructions resulting in the inadvertent
removal of regulatory text. This document corrects the final
regulations.
DATES: This rule is effective on September 23, 2026.
FOR FURTHER INFORMATION CONTACT: Mr. Ryan Haddad, Foreign Affairs
Officer, Office of Defense Trade Controls Policy, U.S. Department of
State, telephone 771-204-7878; email <a href="/cdn-cgi/l/email-protection#afebebfbececdadcdbc0c2caddfccaddd9c6cccaefdcdbcedbca81c8c0d9"><span class="__cf_email__" data-cfemail="5a1e1e0e19192f292e35373f28093f282c33393f1a292e3b2e3f743d352c">[email protected]</span></a>.
ATTN: Regulatory Change, ITAR Section 126.1 Clarification.
SUPPLEMENTARY INFORMATION: This document makes corrections to a final
rulemaking published in the Federal Register on September 18, 2026 (91
FR 59059). Due to an error in amendatory instruction 7 (90 FR 59061),
Sec. 125.4 paragraphs (b)(10)(i) through (iii) were inadvertently
removed by the failure of the amendatory instruction to limit the
revision to paragraph (b)(10) introductory text. Similarly, due to an
error in amendatory instruction 9.a. (90 FR 59061), Sec. 126.1
paragraphs (a)(2) and (3) were inadvertently removed by the failure of
the amendatory instruction to limit the revision to paragraph (a)
introductory text and paragraph (a)(1). The Department now issues this
correction to the regulations and reinserts Sec. 125.4 paragraphs
(b)(1)(i) through (iii) and Sec. 126.1 paragraphs (a)(2) and (3) at
their prior locations.
List of Subjects
22 CFR Part 125
Arms and munitions, Classified information, Exports.
22 CFR Part 126
Arms and munitions, Exports, Reporting and recordkeeping
requirements, Technical assistance.
Accordingly, 22 CFR parts 125 and 126 are corrected by making the
following correcting amendments:
PART 125--LICENSES FOR THE EXPORT OF TECHNICAL DATA AND CLASSIFIED
DEFENSE ARTICLES
0
1. The authority citation for part 125 continues to read as follows:
Authority: Secs. 2 and 38, Pub. L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778); 22 U.S.C. 2651a; E.O. 13637, 78 FR 16129.
0
2. Amend Sec. 125.4 by revising paragraph (b)(10) to read as follows:
Sec. 125.4 Exemptions of general applicability.
* * * * *
(b) * * *
(10) Releases of unclassified technical data in the U.S. by U.S.
institutions of higher learning to foreign persons who are their bona
fide and full-time regular employees. This exemption is available only
if:
(i) The employee's permanent abode throughout the period of
employment is in the United States;
(ii) The employee is not a national of a country to which exports
are prohibited pursuant to Sec. 126.1 of this subchapter; and
(iii) The institution informs the individual in writing that the
technical data may not be transferred to other foreign persons without
the prior written approval of the Directorate of Defense Trade
Controls;
* * * * *
PART 126--GENERAL POLICIES AND PROVISIONS
0
3. The authority citation for part 126 continues to read as follows:
Authority: 22 U.S.C. 287c, 2651a, 2752, 2753, 2776, 2778, 2779,
2779a, 2780, 2791, 2797, 10423; sec. 1225, Pub. L. 108-375, 118
Stat. 2091; sec. 7045, Pub. L. 112-74, 125 Stat. 1232; sec. 1250A,
Pub. L 116-92, 133 Stat. 1665; sec. 205, Pub. L. 116-94, 133 Stat.
3052; and E.O. 13637, 78 FR 16129, 3 CFR, 2013 Comp., p. 223.
0
4. Amend Sec. 126.1 by revising paragraph (a) to read as follows:
Sec. 126.1 Prohibited exports, imports, and sales to or from certain
countries.
(a) General. It is the policy of the United States to deny licenses
and other approvals for exports, reexports, retransfers, and temporary
imports of defense articles and defense services destined for, or
originating in, certain countries. (For brokering activities, see Sec.
129.7 of this subchapter, which imposes restrictions similar to those
contained in this section.) No transfer of defense articles or defense
services may be made pursuant to an exemption provided in this
subchapter to or from any proscribed countries, areas, or persons as
described in this section, except as follows:
(1) Transfers pursuant to Sec. 123.17, Sec. 125.4(b)(13), Sec.
126.6, or Sec. 126.18(e) of this subchapter;
(2) Transfers by or for the U.S. Government pursuant to the
following sections:
(i) Section 126.4(a)(1) or (3);
(ii) Section 126.4(b)(1); or
(iii) Section 126.4(a)(2) or (b)(2) when the export is destined for
Russia and in support of government space cooperation; or
(3) When the recipient is a U.S. Government department or agency.
* * * * *
Alice M. Kottmyer,
Attorney-Adviser, Office of Management, Office of the Legal Adviser,
U.S. Department of State.
[FR Doc. 2026-19404 Filed 9-22-26; 8:45 am]
BILLING CODE 4710-25-P
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