The U.S. State Department has issued a rule that was meant to ‘clarify’ the State Department’s policies with respect to which aircraft parts are considered commercial for export purposes, and which ones are considered to be governed by the International Traffic in Arms Regulations (ITARs). The true effect of this rule, though, is to expand the range of civil aircraft parts that are considered to fall within the State Department’s export jurisdiction.
When exported from the United States, aircraft parts can be regulated by either the State Department or the Commerce Department. Choosing the right department for you part is important: aircraft parts subject to Commerce Department export jurisdiction may often be exported without a license, but an exporter almost always must register and obtain a license to export anything that is considered to fit within the scope of the State Department’s International Traffic in Arms Regulations (ITARs). The State Department is notoriously slow to issue export licenses, so avoiding ITAR jurisdiction is usually preferred by exporters.
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