On September 30, 2026, the Department of State’s Directorate of Defense Trade Controls (DDTC) issued a proposed rule in the Federal Register that would remove certain items from the U.S. Munitions List (USML). This proposed rule is in furtherance of President Donald Trump’s April 9, 2025, Executive Order 14268, “Reforming Foreign Defense Sales to Improve Speed and Accountability,” which directed the Department to review the USML to ensure that it focused on the most sensitive and sophisticated technologies. DDTC has proposed various items for removal on the basis that they no longer provide a critical military or intelligence advantage.

The rule includes proposals to:

  • Narrow controls on submarine parts, components, accessories, and attachments (USML Category XX);
  • Remove certain radar altimeters (USML Category VIII), some protective eyewear (USML Category X), and certain less-lethal canister launchers (USML Category II);
  • Narrow every catch-all control (each describes items specially designed for a defense article) by excluding twenty specific types of items (e.g., common gauges and circuit breakers) from the ITAR’s definition of “specially designed;”
  • Address “a rare set of circumstances” by preventing the inadvertent application of ITAR controls to items not previously subject to the regulations;
  • Create a new exemption for certain temporary exports of a foreign defense article to its manufacturer;
  • Update the definitions of “development,” “production,” “defense article,” and “equivalent”; and
  • Clarify the licensing exclusion for the launching of a spacecraft, launch vehicle, payload, or other article into space.

The proposed rule also clarifyies, revises, adds cross-references to multiple definitions, including the terms: (i) defense articles, (ii) defense service, (iii) technical data, (iv) specially designed, and others.

DDTC is seeking public comments on this rule and interested parties may submit comments by November 30, 2026. DDTC provides a list of questions for which it specifically requests comments. Comments may be submitted online via the Federal Regulations portal at: https://www.regulations.gov under Docket No.: DOS–2026–0991; or via email to: DDTCPublicComments@ state.gov. Commenting parties must include RIN 1400–AF40 in the subject line of the email message.

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.

Photo of Francesca M.S. Guerrero Francesca M.S. Guerrero

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some…

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some of their most challenging international transactions, involving dealings in high-risk jurisdictions or with high-risk counterparties. Francesca also counsels companies through all phases of internal investigations of potential trade and antibribery violations and represents companies across industries before related government agencies.

Photo of Samir D. Varma Samir D. Varma

Samir advises multinational corporations on export controls, economic sanctions and customs, and counsels individuals and corporations on the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws. He represents clients in enforcement actions before U.S. regulatory agencies and conducts corporate internal investigations.