State Department Updates Its Secret List of Forbidden Weapons
Published Date: 1/17/2025
Rule
Summary
The Department of State is updating the U.S. Munitions List by removing outdated items, adding new ones, and clearing up confusing parts. These changes affect companies and people dealing with defense-related exports and take effect on September 15, 2025. If you want to share your thoughts, you have until March 18, 2025, to comment—so get ready to weigh in!
Analyzed Economic Effects
10 provisions identified: 3 benefits, 5 costs, 2 mixed.
240-Day Delay — Rule Effective Sept 15, 2025
The rule takes effect on September 15, 2025, and the Department provides a 240-day delayed effective date. If you export or make parts subject to the U.S. Munitions List, that is the date when the new controls and transitions take legal effect.
License and Agreement Grandfathering Rules
Existing DDTC authorizations for items that transition to the CCL remain valid under conditions: DSP-5 licenses issued prior to the effective date remain valid until expired or for three years from September 15, 2025 (whichever comes first); mixed-authorizations remain valid until expiration; agreements and some licenses containing only transitioning items generally remain valid for three years from the effective date unless amended or revoked.
Developmental Exoskeletons Now ITAR-Controlled
The rule removes paragraph (b) from reserve in USML Category X and adds a new paragraph (b) to describe developmental exoskeletons for the Department of Defense as defense articles warranting ITAR control. Developers of exoskeletons for DoD applications will now be subject to ITAR licensing requirements.
MQ-25 and RQ-170 Added to Aircraft Controls
The MQ-25 and the RQ-170 unmanned aircraft are added to USML Category VIII(h)(1)(i). Parts specially designed for these aircraft are described in that paragraph and remain controlled—they are not released based solely on subsequent use in Category XXI or foreign advanced military aircraft.
Specific Developmental Engines and Parts Now Controlled
USML Category XIX is amended to describe specific DoD-funded developmental aircraft engines (for example, XT900 and XA-series and T901-related hardware) and to control specially designed parts, components, accessories, and attachments for those engines.
Items Moving Off USML May Move To EAR/CCL
Items removed from the U.S. Munitions List may become subject to the Export Administration Regulations (EAR) and the Commerce Control List (CCL). Exporters should evaluate item jurisdiction, may request commodity jurisdiction (CJ) reviews from DDTC, or submit classification requests to BIS.
Early Submission of BIS and DDTC License Applications
During the transition, both DDTC and BIS will accept license applications for items moving between the USML and CCL. Applicants may submit BIS applications early, but BIS will hold those applications without action until the applicable Commerce final rule's effective date.
CRPAs for PNT Removed From ITAR (Now EAR Jurisdiction)
Controlled Reception Pattern Antennas (CRPAs) for Position, Navigation, and Timing (PNT) are removed from USML Category XI(c)(10) so they will be subject to the EAR under the Department of Commerce rather than the ITAR. This change aims to facilitate civil GNSS resiliency.
New Controls on Uncrewed Vessels and Vehicles
USML Category XX is amended to add two new paragraphs controlling classes of uncrewed, untethered vessels and vehicles: those with anti-recovery features and larger systems with significant range or endurance. The rule excludes tethered systems and systems below specified weight/performance thresholds suited for research or commercial uses.
Comment Deadline: March 18, 2025
The Department requests public comments by March 18, 2025. Companies and other stakeholders who want to influence the final text must submit comments by that date.
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