State’s final rule published November 21, 2016 revised Munitions List Categories VIII and XIX: aircraft and related articles, and gas turbine engines and associated equipment. Its stated purpose was greater precision about articles warranting State controls. This November 27 retrospective reviews that weekday publication. The rule specified December 31 effectiveness, rather than taking effect on this Sunday coverage date. [2016-27775]

One precise change was the exclusion of L-100 and LM-100J aircraft from Category VIII paragraph (a)(14). The paragraph reference is essential: it does not establish an exemption from every export requirement. State also clarified the application of aircraft controls to manned, unmanned, remotely piloted and optionally piloted aircraft. Those descriptions identify scope, not a safety or commercial outcome. [2016-27775]

Commerce simultaneously amended its own military-aircraft and gas-turbine entries. It clarified descriptions and expanded the lists of items subject only to the anti-terrorism reason for control. This companion document materially explains Commerce’s treatment of the relevant items. The two agencies’ publications are coordinated parts of a single policy change, not independent confirmation of its benefits. [2016-27775][2016-27777]

A separate boundary concerns permanent imports. State said transfers from its export list to Commerce’s list did not alter the U.S. Munitions Import List administered by ATF. Reading the aircraft exception, the Commerce treatment and the import distinction together gives a narrower account than saying that aviation exports were simply deregulated. It also leaves individual classification and licensing decisions outside this historical explanation. [2016-27775][2016-27777]

Source documents

  1. Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Categories VIII and XIXhttps://www.govinfo.gov/content/pkg/FR-2016-11-21/html/2016-27775.htm
  2. Clarifications and Revisions to Military Aircraft, Gas Turbine Engines and Related Items License Requirementshttps://www.govinfo.gov/content/pkg/FR-2016-11-21/html/2016-27777.htm