On 26 August 2013 the U.S. Department of State issued its long-awaited brokering regulations as an interim final rule (78 FR 52680). The amendments to the International Traffic in Arms Regulations (ITAR) are broad and significantly alter the rules related to brokers and brokering activities (Part 129). The rule incorporates and responds to comments filed in response to the proposed rule related to brokering of 19 December 2011 (76 FR 78578), including many helpful changes to the brokering provisions. The interim final rule also makes a number of additional revisions to other parts of the ITAR (not specific to brokering), including registration requirements, proscribed countries, eligibility requirements, and enforcement.
The revised regulations will become effective 25 October 2013, and interested parties may comment by 10 October 2013. Because of the broad implications of these changes and the significant related obligations, companies should carefully review and update their compliance procedures accordingly.
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