On May 1, 2024, the Department of State released a proposed rule containing a much-anticipated new United Kingdom/Australia International Traffic in Arms Regulations (ITAR) license exemption.

The proposed exemption, designed to implement the provisions of Section 38(l) of the Arms Export Control Act (AECA), would be located in ITAR § 126.7 and would provide that, so long as certain requirements are satisfied, no license or other approval is required for the:

  • export, reexport, retransfer, or temporary import of defense articles;
  • the performance of defense services; or
  • engagement in brokering activities between or among designated users within Australia, the United Kingdom, and the United States.

The proposed rule states that the new exemption is in support of the AUKUS partnership and is designed to enhance trilateral security among Australia, the United Kingdom, and the United States. Comments on the proposed rule will be accepted through May 31, 2024.

If you are interested in learning more about this exemption and how it applies to your business, reach out to Fluet’s International Trade team.