Arms Control, Export Controls & Weapons Treaties

U.S. arms control policy operates on two tracks: international treaties that constrain what weapons the U.S. and other countries can develop or deploy, and export control regulations that govern what defense articles, services, and technology Americans can sell or transfer to foreign governments and companies. On the international side, key frameworks include the Nuclear Non-Proliferation Treaty (NPT), the Chemical Weapons Convention, the Biological Weapons Convention, and the now-suspended New START Treaty with Russia (which the U.S. had extended to 2026 but Russia suspended compliance in 2023). On the export side, the International Traffic in Arms Regulations (ITAR) — administered by the State Department — control transfers of defense articles and technology on the U.S. Munitions List; violations carry criminal penalties of up to 20 years per count. U.S. authorized arms sales totaled over $80 billion in recent years, making the U.S. the world's largest arms exporter. Export controls have become a major geopolitical tool beyond traditional defense — the Biden and Trump administrations both used them to restrict semiconductor technology transfers to China, blurring the line between arms control and economic competition.

Current Law (2026)

Legal Authority

• 22 U.S.C. § 2778 — Control of arms exports and imports (the President controls the import and export of defense articles and services; the United States Munitions List designates items subject to export controls; violations subject to criminal penalties up to $1 million and 20 years imprisonment)
• 22 U.S.C. § 2761 — Foreign Military Sales (FMS) (the President may sell defense articles and services to eligible foreign governments; must determine that the sale strengthens U.S. security and promotes world peace)
• 22 U.S.C. § 2776 — Congressional review of arms sales (significant arms sales must be reported to Congress; Congress has 30 days to block a sale through joint resolution)
• 22 U.S.C. § 5604-5605 — Chemical and biological weapons sanctions (the President must determine whether a foreign government has used chemical or biological weapons; affirmative determination triggers mandatory sanctions including arms sales prohibition, foreign assistance cutoff, and trade restrictions)
• 22 U.S.C. § 2593e — Measures against persons involved in arms control treaty violations (sanctions against persons that contribute to violations of arms control agreements)

How It Works

Arms control and export control law governs two interrelated areas: international agreements to limit weapons (treaties) and domestic laws controlling the sale and transfer of weapons and defense technology to foreign governments and persons.

The principal domestic framework for arms exports is the Arms Export Control Act and its implementing International Traffic in Arms Regulations (ITAR), administered by the State Department's Directorate of Defense Trade Controls. Items on the United States Munitions List (USML) — firearms, aircraft, spacecraft, military electronics, classified software, and related technical data — require an export license before being sold, transferred, or disclosed to foreign persons; the "deemed export" rule means that sharing USML technical data with a foreign national, including a foreign employee on U.S. soil, constitutes an export requiring a license. Violations carry up to $1 million per violation and 20 years imprisonment. The U.S. government is also the world's largest arms exporter, with authorized sales typically exceeding $80 billion annually: Foreign Military Sales (FMS) is the government-to-government channel, while Direct Commercial Sales (DCS) allows U.S. manufacturers to sell directly to foreign buyers with a State Department license; both require Congressional notification above specified thresholds, though Congress has rarely succeeded in blocking sales through joint resolution.

International arms control is layered across several treaties. The Nuclear Non-Proliferation Treaty (1970) commits nuclear-weapon states to disarmament and non-weapon states to non-acquisition in exchange for access to peaceful nuclear technology; New START (2010) capped the U.S. and Russia at 1,550 deployed strategic warheads each, but Russia suspended compliance in 2023 with the treaty's limits expiring in 2026. The Chemical Weapons Convention (1997) prohibits development, production, stockpiling, and use of chemical weapons — the U.S. completed destruction of its declared stockpile in 2023 — while the Biological Weapons Convention (1975) prohibits biological weapons but lacks verification mechanisms. U.S. law mandates sanctions against governments that use chemical or biological weapons, including arms sales cutoffs and foreign assistance termination. Separate from ITAR, the Export Administration Regulations (EAR) administered by Commerce's Bureau of Industry and Security (BIS) control dual-use exports — advanced semiconductors, encryption technology, biological equipment, and AI accelerators — with controls expanding significantly as U.S.-China technology competition intensifies.

How It Affects You

If you work at a defense or aerospace company — or in any business that designs, manufactures, or services equipment with military applications: ITAR compliance is not optional and the penalties are severe. Every item on the United States Munitions List (USML) — including defense articles, defense services, and technical data about those items — requires a State Department export license before it can be transferred to any foreign person. The deemed export rule is where companies are most frequently surprised: sharing technical data about a USML item with a foreign national — including a foreign employee working on U.S. soil — constitutes an "export" under ITAR and may require a license. Companies must conduct nationality checks on employees who will access ITAR-controlled technical data. ITAR violations carry criminal penalties of up to $1 million per violation and 20 years imprisonment, plus debarment from government contracting. The State Department's Directorate of Defense Trade Controls (DDTC) administers voluntary disclosure programs — self-reported violations typically result in significantly reduced penalties. For companies that discover past violations: retain export control counsel immediately, assess the scope, and evaluate voluntary disclosure before DDTC initiates its own investigation.

If you run or work at a technology company — in semiconductors, AI, encryption, biotech, or advanced computing: The Export Administration Regulations (EAR) administered by Commerce's Bureau of Industry and Security (BIS) likely apply to your products, and the controls have expanded dramatically since 2022 as U.S.-China technology competition has intensified. BIS's Commerce Control List (CCL) covers advanced semiconductors, semiconductor manufacturing equipment, AI accelerators above specified performance thresholds, encryption technology, biological equipment capable of handling dangerous pathogens, and materials that could contribute to weapons programs. The October 2022 and subsequent EAR semiconductor rules are the most expansive export controls since the Cold War, targeting China's advanced chip manufacturing capacity. For companies with operations, subsidiaries, or sales networks that could reach restricted end-users: know your products' Export Control Classification Numbers (ECCNs), understand the license exceptions available to you, maintain an Export Compliance Program (ECP), and screen your customers against the BIS Entity List and OFAC SDN list before shipping.

If you work in international business, finance, or investment with exposure to countries under arms-control-related sanctions: U.S. law imposes mandatory sanctions on entities that engage in nuclear, chemical, or biological weapons proliferation — and these sanctions can reach companies doing business with designated proliferators even without direct intent. OFAC's SDN list and BIS's Entity List include foreign companies designated for proliferation-related activities. The most common compliance trap: a downstream customer or subsidiary of your business counterparty is designated, triggering liability for the parent relationship. For investors: the Comprehensive Iran Sanctions, Accountability, and Divestment Act created state-level divestment pressure that has affected institutional portfolios with Iranian energy exposure. Monitor OFAC advisories and BIS enforcement actions for your industry — BIS enforcement in the semiconductor supply chain has accelerated significantly since 2022, and new entity list additions occur on short notice. See OFAC Sanctions for the full sanctions compliance framework.

If you work in national security policy, arms control advocacy, or defense research: The U.S. arms sales regime ($80 billion+ annually — the world's largest) creates economic and geopolitical pressures that can pull against nonproliferation objectives. Congressional notification thresholds ($14 million for NATO+ allies, $25 million for others) give Congress a formal oversight role, but the executive branch retains primary authority and Congress has rarely succeeded in blocking sales through joint resolution. The New START collapse is the most significant structural change in the U.S.-Russia security relationship in decades — Russia suspended compliance in 2023, and the treaty's limits expired in 2026. Without an active bilateral nuclear arms control agreement, neither side has verified information about the other's deployed forces for the first time since 1972. The absence of an inspection regime, data exchanges, and verification mechanisms creates uncertainty that historically precedes arms racing. Whether a successor agreement is negotiable in the current geopolitical environment is one of the central questions in U.S. nuclear policy.

State Variations

• Arms export controls and weapons treaties are exclusively federal — no state variations apply
• State law may regulate domestic firearms transactions but has no bearing on international arms transfers
• Some states have enacted their own sanctions or divestment requirements related to weapons-producing countries

Implementing Regulations (CFR)

• 22 CFR Part 120 — Purpose and definitions (International Traffic in Arms Regulations):
  • 22 CFR 120.1 — General authorities, purpose, and scope (ITAR controls the export and temporary import of defense articles and defense services; implements the Arms Export Control Act)
  • 22 CFR 120.3 — Policy on designating and determining defense articles and services (criteria for designating items on the U.S. Munitions List as defense articles)
  • 22 CFR 120.6 — Defense article (definition of items subject to ITAR controls, including technical data and classified information)
• 22 CFR Part 121 — The United States Munitions List:
  • 22 CFR 121.1 — General (the U.S. Munitions List — 21 categories of defense articles, services, and related technical data subject to export controls; descriptions and definitions for each category from firearms to spacecraft)
• 22 CFR Part 123 — Licenses for the export and temporary import of defense articles:
  • 22 CFR 123.2 — Licenses for exports of unclassified defense articles (application requirements, processing, and conditions for export licenses)
  • 22 CFR 123.15 — Congressional certification for exports of major defense equipment and significant military equipment (sales exceeding statutory thresholds require Congressional notification and a 30-day review period before license issuance)
  • 22 CFR 123.22 — Requirements for vessels and aircraft (special provisions for defense articles exported via vessels or aircraft, including temporary imports and transit)
• 22 CFR Part 124 — Agreements, off-shore procurement, and other defense services:
  • 22 CFR 124.1 — Manufacturing license agreements and technical assistance agreements (requirements for agreements involving foreign manufacture of defense articles or provision of defense services; State Department approval required)
  • 22 CFR 124.11 — Congressional certification for manufacturing license agreements (agreements exceeding specified value thresholds require Congressional notification and review)
  • 22 CFR 124.15 — Special export controls for Category XV (spacecraft) agreements (additional controls and congressional certification requirements for space-related defense articles)
• 22 CFR Part 125 — Licenses for the export of technical data and classified defense articles:
  • 22 CFR 125.1 — Scope (controls on the export of classified and unclassified technical data and defense services, including to foreign nationals within the United States — the "deemed export" rule)
  • 22 CFR 125.4 — Exemptions for technical data (limited exemptions for fundamental research, publicly available information, and certain government-to-government exchanges)

Pending Legislation

No major arms control or weapons treaty bills pending in the 119th Congress.

Recent Developments

• Russia's suspension of New START compliance in 2023 has created the most uncertain nuclear arms control environment in decades
• Semiconductor and advanced technology export controls targeting China have significantly expanded under EAR
• The U.S. completed destruction of its declared chemical weapons stockpile in 2023, fulfilling CWC obligations
• ITAR reform continues, with ongoing efforts to move less sensitive items from ITAR to the more flexible EAR regime
• Arms sales to allies (particularly in the Indo-Pacific and Europe/NATO) have increased significantly in response to geopolitical tensions
• New START treaty expired February 2026 with no successor: Russia suspended participation in 2023 and the treaty lapsed; the U.S. and Russia entered 2026 with no nuclear arms control framework for the first time since 1972, eliminating mutual inspection rights and data exchanges on deployed warheads; Trump administration signaled it viewed the treaty framework as unfavorable and did not pursue extension.
• Trump arms export deregulation in 2025: the administration resumed ITAR reforms accelerating transfer of commercial satellite and defense-adjacent technologies to the EAR; a revised USML Category XIX covering directed energy weapons was proposed to ease allied co-development of laser and hypersonic systems.
• AUKUS nuclear submarine technology transfer (announced 2021, operationalized 2025) required new statutory authorities and ITAR/EAR exemptions; Congress passed targeted ITAR exemptions for the UK and Australia under AUKUS, creating a precedent for allied technology sharing outside traditional foreign military sales frameworks.