cover image: Request for Clarity and Confirmation on Amendments to Paragraph 120.32(a).

Request for Clarity and Confirmation on Amendments to Paragraph 120.32(a).

27 Sep 2024

The proposed changes to the definition and controls related to defense services provide greater clarity as to which activities are and are not controlled. [...] However, a few elements of the Proposed Rulemaking applicable to the many activities that occur under the umbrella of university education and research are ambiguous, and AUECO encourages DDTC to clarify and expand certain criteria in the final rulemaking. [...] AUECO welcomes the removal of redundancy in the “technical data” paragraph and supports DDTC’s approach of directing users to the USML to conduct classification analysis for military and intelligence defense services. [...] The preamble under “Carve-Outs to Intelligence Assistance” confirms that for items subject to the Export Administration Regulations (“EAR”), the repair or maintenance of such items (when isolated from a defense article) remains subject to the EAR. [...] However, “the repair or maintenance of commodities or software subject to the ITAR is already regulated via paragraph 120.32(a)(1), including when repairing an EAR commodity or software incorporated into a defense article.” AUECO recommends confirmation, perhaps in the form of an FAQ document, that repairing a commodity or software subject to the EAR in good faith, and with no knowledge of a forei.

Authors

Marci Copeland

Pages
3
Published in
United States of America

Table of Contents