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State Update to ITAR License Exemption for US Government Seen as Good News

The State Department's update to the International Traffic in Arms Regulations for U.S. government transfers (see 1904180024) marks "a huge and long awaited improvement," Arent Fox lawyers said in a blog post. Still, when exporting to countries on behalf of…

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the U.S. government goods that will be received by someone outside the U.S. government, "you will still need to get a license or other approval in most cases," the firm said. According to Crowell Moring lawyers, the most significant change is "the government’s expanded use of contractor personnel in supporting [U.S. government] missions often involving foreign parties," according to a firm alert. "The exemption now expressly covers defense services and other exports by 'persons or entities in a contractual relationship with the U.S. Government' where use of the defense article or performance of the defense service is within the scope of such contract and where any one of three specified conditions exist and assure government control and oversight of the transfer."