The State Department’s Directorate of Defense Trade Controls (DDTC) issued a Federal Register Notice on December 11, 2020, announcing a “second extension to certain temporary suspensions, modifications, and exceptions to certain provisions of the International Traffic in Arms Regulations (ITAR) to provide for continued telework operations during the current SARS-COV2 public health emergency… This action is taken in order to ensure continuity of operations among members of the regulated community.”

This second extension will expire on June 30, 2021, unless otherwise extended by DDTC.

This ITAR allowance provides authorization, as described below, for remote work to continue under technical assistance agreements, manufacturing agreements, or exemptions.

• A temporary suspension, modification, and exception to the requirement that a regular employee, for purposes of ITAR § 120.39(a)(2), work at the company’s facilities, to allow the individual to work at a remote work location, so long as the individual is not located in Russia or a country listed in ITAR § 126.1.
• A temporary suspension, modification, and exception to authorize regular employees of licensed entities who are working remotely in a country not currently authorized by a technical assistance agreement, manufacturing license agreement, or exemption to send, receive, or access any technical data authorized for export, reexport, or retransfer to their employer via a technical assistance agreement, manufacturing license agreement, or exemption so long as the regular employee is not located in Russia or a country listed in ITAR § 126.1.

DDTC also noted in the same Federal Register Notice that the second extension will provide DDTC more time to consider permanent revisions to the ITAR sections relating to remote work.