DDTC Renews ITAR Telework Exceptions as It Considers Permanent Extensions

The State Department is extending two International Traffic in Arms Regulations measures to allow employees involved in certain ITAR-related activities to work remotely (see 2004240017) as the agency seeks to make the changes permanent, a notice released Dec. 10 said. The notice continues a temporary exception to the ITAR to allow employees to telework, including employees working remotely in a country “not currently authorized” by a technical assistance agreement, manufacturing license agreement or an exemption. The exceptions do not apply to employees working in certain blocked countries, including Russia.

The exceptions will expire June 30 unless extended again. The State Department’s Directorate of Defense Trade Controls is using the time to consider a “permanent revision” to the remote telework provisions by changing the ITAR’s definition of “regular employee.” That rule is being circulated for interagency review (see 2012090047) and DDTC said it will seek industry comments, including on other “potential revisions.”

The telework exception was first introduced in April and was scheduled to expire Dec. 31 after being renewed in July (see 2007280014). DDTC said it extended the exceptions after receiving overwhelmingly positive feedback from industry, including requests to make them permanent. “A failure to extend these temporary suspensions, modifications, and exceptions would have a negative impact on regulated entities’ ability to safely engage in continued operations in the midst of the ongoing global public health emergency,” the agency said.