SUPPLEMENTARY INFORMATION:

It is the policy of the United States to deny licenses or other approvals for exports and imports destined for, or originating in, certain countries. That policy is codified in the ITAR in § 126.1(a), and countries subject to it are identified in paragraph (d). Within that paragraph, the Department distinguishes between countries subject to a comprehensive policy of denial and those subject to qualified policies of denial. Countries subject to a comprehensive policy of denial are identified in § 126.1(d)(1). Meanwhile, qualified policies of denial are described in § 126.1(d)(2). To improve clarity regarding the scope of these prohibitions, and to make additional changes to implement recent policy actions and correct minor typographical errors, the Department is amending parts 120, 123, 125, and 126 of the ITAR. The changes are as follows:

Improving the Organization and Readability of § 126.1

• The text of § 126.1(a) is modified to specify that its prohibitions apply to “exports, reexports, retransfers, and temporary imports of defense articles and defense services destined for, or originating in, certain countries.” This revision more specifically states which controlled events are subject to a policy of denial, and similar changes are made in this rule to other paragraphs for the same reason. Additionally, a revision is made to further emphasize that the ITAR's prohibitions on brokering activities involving countries identified in § 126.1 can be found in § 129.7.
• Identification. To better introduce the topic of paragraph (c) and to conform with the structure and style of paragraphs in the section, the Department is adding the paragraph heading “ Identification in this section.” to paragraph (c).
• The general policy descriptions in paragraphs (d)(1) and (2) are revised by clarifying that “exports, reexports, retransfers, and temporary imports” of defense articles and defense services are affected by these prohibitions.

Clarifying Policy of Denial-Related Prohibitions

• § 120.15 Exemptions. The prohibition on exemption usage described in § 120.15(c) is revised to specify that it applies to exports, reexports, retransfers, and temporary imports of defense articles and defense services.
• § 123.16 Exemptions of general applicability (defense articles). The license exemption described in § 123.16 is revised to specify that the exemptions may not be used for defense article and defense service exports, reexports, or retransfers to, or temporary imports from, any proscribed countries, areas, or persons identified in § 126.1 of this subchapter, except as provided in § 126.1.
• § 125.4 Exemptions of general applicability (technical data and classified defense articles).
  • In § 125.4(a), the text is revised to specify that the exemptions in the paragraph may not be used for defense article and defense service exports, reexports, retransfers to, or temporary imports from, any proscribed countries, areas, or persons identified in § 126.1 of this subchapter, except as provided in § 126.1. The paragraph is also revised to specify that the exemptions in the paragraph may not be used for transfers “to or for”—rather than just “for”—persons ineligible under § 120.16. This change confirms that such persons may not participate in any ITAR-controlled activities under these exemptions. A minor typographical correction is also made to capitalize the word “Controls.”
  • The § 125.4(b)(10) exemption text is revised to replace the term “Disclosures” with the ITAR term “Releases.” A minor typographical correction is also made to hyphenate “full-time.” ( printed page 59060)

Updating § 126.1 Country Policies

• The entry for Ethiopia in paragraph (n) is removed and the paragraph is reserved, implementing a February 5, 2026 policy determination by the Secretary of State terminating the policy of denial for licenses or other approvals for exports of defense articles or defense services destined to or for the armed forces, police, intelligence, or other internal security forces of Ethiopia.
• The entry for Libya in paragraph (k) is revised to make several minor clarifications and typographical corrections:
  • Paragraph (3) is revised to use the ITAR phrase “defense services” instead of “technical assistance or training.”
  • Paragraph (6) is revised to replace the phrase “arms and related material” with “defense articles” and to replace “provision of assistance or personnel” with “defense services.” It also replaces the phrase “Committee of the Security Council concerning Libya” with the more specific “committee of the United Nations Security Council concerned with Libya,” which is the ITAR's standard formulation and reflects that the committee is not named with a proper noun.
  • Paragraph (8) is revised to add the phrase “provided by the United States Government” after “Defense services,” which was mistakenly omitted in a prior rule. The word “associated” is removed from the phrase “associated temporary exports of defense articles” to clarify that those temporary exports do not need to be specifically associated with the defense services in question to qualify for this exclusion.
  • Paragraph (9) is revised to remove the superfluous “ ‘s” after “United Nations.”
• The entry for Somalia in paragraph (m) is revised to remove a comma from the existing text clarify the text of the exclusion from the policy of denial. This change affirms that the supply of weapons, ammunition, or military equipment may be authorized through case-by-case licensing review if intended solely for the support of, or use by, European Union training and support activities, Turkey, the United Kingdom, and the United States; it equally applies in the same circumstances for other United Nations Member States that have concluded a Status of Forces Agreement with Somalia, provided those Member States pre-notify the committee of the United Nations Security Council concerned with Somalia. The Department will consider applications for such activities on a case-by-case basis.
• The entry for South Sudan in paragraph (w) is revised to clarify that the policy of denial generally applies to both exports and imports of defense articles and defense services. A stylistic change is also made in paragraph (2) to use the standardized phrase “committee of the United Nations Security Council concerned with South Sudan.”

Correcting Technical Errors in the § 126.5 Canadian Exemptions

• The Canadian exemption for temporary and permanent export at § 126.5(b) is revised to remove a requirement that contradicts the text of § 123.10. The current § 126.5(b) text states that exporters must obtain a Nontransfer and Use Certificate (Form DSP-83) for all significant military equipment transferred under the § 126.5(b) exemptions. Section 123.10 states that such assurances are not required when using the § 126.5 exemptions. This revision aligns the two paragraphs and clarifies that such certificates are not needed when using the § 126.5(b) Canadian exemption.
• A similar correction is made to § 126.5(d) to specify that the paragraph's reexport/retransfer exemption requirements do not include the need to obtain Nontransfer and Use Certificates, notwithstanding the cross reference to § 123.9(c) and the requirement to include the information required by that paragraph, which in turn references § 123.1, and the need to include all documentation required of a permanent export license.

Updating the Major Non-NATO Allies List

• In § 120.23, the list of “major non-NATO allies” is revised to add Saudi Arabia (91 FR 3017, January 13, 2026) and Peru (91 FR 3019, January 14, 2026.)

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 a military or foreign affairs function of the United States. As the provisions of section 553 do not apply to this rulemaking, the Department is publishing this rule with an immediate effective date and without a request for public comment.

Regulatory Flexibility Act

Since this rule is exempt from the notice-and-comment rulemaking provisions of 5 U.S.C. 553, the rule 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).This rule will not increase costs or prices and should have no adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises in domestic and export markets. The Department does not expect this change to have an annual effect on the economy of $100 million or more.

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 amended 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). As a result of this change, certain restrictions on defense trade activities will be clarified. Other changes modestly expand the scope of permissible defense trade activities. Because this rule, on balance, removes regulatory requirements and obligations, the Department believes costs associated with this rule will be minimal. This rule has been designated a “significant regulatory action” by the Office of Information and Regulatory Affairs under Executive Order 12866.

Executive Order 12988

The Department of State has reviewed this rulemaking in light of Executive Order 12988 to eliminate ambiguity, ( printed page 59061) minimize litigation, establish clear legal standards, and reduce burden.

Executive Order 13175

The Department of State 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, Executive Order 13175 does not apply to this rulemaking.

Executive Order 14192

This rule is exempt from the requirements of Executive Order 14192 because it relates to a foreign affairs or national security function of the United States.

Paperwork Reduction Act

This rulemaking does not impose or revise any information collections subject to 44 U.S.C. Chapter 35.