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State Dept. Narrows ITAR Controls on Uncrewed Underwater Vehicles Under USML Category XX(a)

An interim final rule removes certain uncrewed underwater vehicles from the U.S. Munitions List, revises the weight and navigation-capability thresholds that trigger export controls, and solicits public comment on further refinements.

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What the rule does

The Department of State's Directorate of Defense Trade Controls (DDTC) has issued an interim final rule amending the International Traffic in Arms Regulations (ITAR) to remove certain uncrewed underwater vehicles (UUVs) from the U.S. Munitions List (USML) and make conforming changes to related controls. The rule, which takes effect October 19, 2026, modifies USML Category XX(a) and is published at 22 CFR 121.

Background and statutory basis

Section 38 of the Arms Export Control Act (22 U.S.C. 2778) requires periodic review of the USML to determine which articles and services no longer warrant designation. The document states that DDTC identifies articles for potential addition, removal, or clarification through public feedback, interagency consultations, commodity jurisdiction reviews, advisory opinions, and technology monitoring. The Department maintains the USML to comprise those defense articles or defense services that provide a critical military or intelligence advantage.

The revised thresholds and mechanism

Prior to this rule, USML Category XX(a)(10) described certain vessels with a gross weight rating exceeding 3,000 pounds that are designed to operate without human interaction for longer than 24 hours or for more than 70 nautical miles. The Department, with the concurrence of the Department of Defense, now assesses that vessels described in USML Category XX(a)(10) with a gross weight rating up to 8,000 pounds only provide a critical military or intelligence advantage when they are described elsewhere on the USML or when they are specially designed to possess certain navigation capabilities.

Based on that assessment, the rule revises paragraph (a)(10) to continue describing vessels at or under 8,000 pounds only if they are specially designed to have navigation capabilities beyond the ability to (1) follow fixed waypoints and (2) perform collision avoidance maneuvers that adhere to the see-and-avoid principles of navigation regulations. The rule also adopts the defined term "specially designed" (as defined in ITAR § 120.41) to improve clarity of the control text.

The rule adds a new paragraph (a)(11), to which it moves vessels with a gross weight rating exceeding 8,000 pounds that are specially designed to operate without human interaction for longer than 24 hours or for more than 70 nautical miles. The rule also makes conforming changes to paragraph (a)(9). The rule does not modify the license exemption at ITAR § 126.9(u); the document states that the provisions in that exemption remain available for vessels described in USML Category XX(a)(10).

Scope and interagency coordination

The document notes that items removed from ITAR jurisdiction that are not subject to other exclusive licensing jurisdiction become subject to the Export Administration Regulations (EAR) (15 CFR parts 730 through 774), which include the Commerce Control List, administered by the Department of Commerce, Bureau of Industry and Security (BIS). The rule does not modify the list of defense articles and services controlled for purposes of permanent import by the Attorney General, as enumerated on the U.S. Munitions Import List (USMIL) at 27 CFR 447.21. The Department notes its intent to review the ITAR controls on autonomous capabilities, including the maritime navigation systems described in USML Category VI.

What to watch

The rule is effective October 19, 2026. The Department is simultaneously soliciting public comments to assist in further refining ITAR controls on UUVs and to identify possible enhancements to the license exemption for certain UUV-related activities. The Department requests that comments be provided in concise, separately treated points supported by facts, research, and evidence.

Related

Sources

16 cited

Every hard fact above is grounded in and cited to a primary source record.

  1. The interim final rule is effective October 19, 2026.

    federalregister.gov

  2. The rule amends the ITAR to remove certain uncrewed underwater vehicles (UUVs) from the U.S. Munitions List (USML) and make conforming changes to related controls.

    federalregister.gov

  3. The rule modifies USML Category XX(a) and affects 22 CFR 121.

    federalregister.gov

  4. Section 38 of the Arms Export Control Act (22 U.S.C. 2778) requires periodic review of the USML to determine which articles and services no longer warrant designation.

    federalregister.gov

  5. Prior to this rule, USML Category XX(a)(10) described certain vessels with a gross weight rating exceeding 3,000 pounds that are designed to operate without human interaction for longer than 24 hours or for more than 70 nautical miles.

    federalregister.gov

  6. The Department, with the concurrence of the Department of Defense, assesses that vessels described in USML Category XX(a)(10) with a gross weight rating up to 8,000 pounds only provide a critical military or intelligence advantage when they are described elsewhere on the USML or when they are specially designed to possess certain navigation capabilities.

    federalregister.gov

  7. The rule revises paragraph (a)(10) to continue describing vessels at or under 8,000 pounds only if they are specially designed to have navigation capabilities beyond the ability to (1) follow fixed waypoints and (2) perform collision avoidance maneuvers that adhere to the see-and-avoid principles of navigation regulations.

    federalregister.gov

  8. The rule adopts the term 'specially designed,' as defined in ITAR § 120.41, to improve clarity of the control text.

    federalregister.gov

  9. The rule adds a new paragraph (a)(11) and moves vessels with a gross weight rating exceeding 8,000 pounds that are specially designed to operate without human interaction for longer than 24 hours or for more than 70 nautical miles to that new paragraph.

    federalregister.gov

  10. The rule makes conforming changes to paragraph (a)(9).

    federalregister.gov

  11. The rule does not modify the license exemption at ITAR § 126.9(u); those provisions remain available for vessels described in USML Category XX(a)(10).

    federalregister.gov

  12. Items not subject to the ITAR or to the exclusive licensing jurisdiction of certain other departments or agencies are subject to the Export Administration Regulations (EAR) (15 CFR parts 730 through 774), which include the Commerce Control List, administered by the Department of Commerce, Bureau of Industry and Security (BIS).

    federalregister.gov

  13. The rule does not modify the list of defense articles and services controlled for purposes of permanent import by the Attorney General, as enumerated on the U.S. Munitions Import List (USMIL) at 27 CFR 447.21.

    federalregister.gov

  14. The Department notes its intent to review the ITAR controls on autonomous capabilities, including the maritime navigation systems described in USML Category VI.

    federalregister.gov

  15. The Department is requesting comments to assist in further refining ITAR controls on UUVs and to identify possible enhancements to the license exemption for certain UUV-related activities.

    federalregister.gov

  16. DDTC identifies articles for potential addition, removal, or clarification through public feedback, interagency consultations, commodity jurisdiction reviews, advisory opinions, and technology monitoring.

    federalregister.gov

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