SUPPLEMENTARY INFORMATION:

On August 19, 2026, the Secretary of State approved a new defense trade policy for Syria that would permit the review of defense article and defense service transfers to Syria on a case-by-case licensing basis. The Secretary directed the Department to codify this change by publishing an amendment to the ITAR removing Syria from the list of countries for which it is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services destined for or originating in those countries. This rule implements this decision by removing the reference to Syria in ITAR § 126.1, “Prohibited exports, imports and sales to or from certain countries.”

With the statutory prerequisites for amending Syria's status under § 126.1 now satisfied—including the rescission of the terrorism-support determination underlying section 40 and 40A of the AECA and the waiver or removal of the separate restrictions imposed under the Syria Accountability and Lebanese Sovereignty Restoration Act, the Chemical and Biological Weapons Control and Warfare Elimination Act, and the Child Soldiers Prevention Act—the Department is amending § 126.1 to remove Syria from the countries subject to a comprehensive policy of denial under paragraph (d)(1). Requests for licenses or other approvals will be adjudicated by the Department on a case-by-case basis.

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 without a request for public comment.

Regulatory Flexibility Act

Since this rule is exempt from the notice-and-comment 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 rule is not a major rule under the criteria of 5 U.S.C. 804(2).

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 with Syria will be removed. Because the scope of this rule 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 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. ( printed page 62314)

Executive Order 12988

The Department of State has reviewed this rulemaking in light of Executive Order 12988 to eliminate ambiguity, 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.

Paperwork Reduction Act

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

Accordingly, for the reasons set forth above and under the authority of 22 U.S.C. 2778, the Department of State amends title 22, chapter I, subchapter M, part 126 as follows:

91 FR 62313