22 C.F.R. § 120.1

General authorities

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(a) Authority and delegation. Section 38 of the Arms Export Control Act (22 U.S.C. 2778), as amended, authorizes the President to control the export and import of defense articles and defense services. The statutory authority of the President to promulgate regulations with respect to exports of defense articles and defense services is delegated to the Secretary of State by Executive Order 13637. This subchapter implements that authority, as well as other relevant authorities in the Arms Export Control Act (22 U.S.C. 2751 et seq.). The Secretary of State delegates the authority to administer the regulations in this subchapter to the Deputy Assistant Secretary of State for Defense Trade Controls, Bureau of Political-Military Affairs.

(b) Authorized officials. (1) All authorities administered by the Deputy Assistant Secretary of State for Defense Trade Controls pursuant to this subchapter may be exercised at any time by the Under Secretary of State for Arms Control and International Security or the Assistant Secretary of State for Political-Military Affairs.

(2) The Deputy Assistant Secretary of State for Defense Trade Controls supervises the Directorate of Defense Trade Controls, which is comprised of the following offices:

(i) The Office of Defense Trade Controls Licensing and the Director, Office of Defense Trade Controls Licensing, which have responsibilities related to licensing or other approvals of defense trade, including references under this part and parts 123, 124, 125, 126, 129, and 130 of this subchapter.

(ii) The Office of Defense Trade Controls Compliance and the Director, Office of Defense Trade Controls Compliance, which have responsibilities related to violations of law or regulation and compliance therewith, including references contained in parts 122, 126, 127, 128, and 130 of this subchapter, and those portions under this part and part 129 of this subchapter pertaining to registration.

(iii) The Office of Defense Trade Controls Policy and the Director, Office of Defense Trade Controls Policy, which have responsibilities related to the general policies of defense trade, including references under this part and part 126 of this subchapter, and the commodity jurisdiction procedure under this part.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1996–2023 · leading case: United States v. Pheerayuth Burden, 934 F.3d 675 (D.C. Cir. 2019).

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United States v. Pheerayuth Burden, 934 F.3d 675 (D.C. Cir. 2019). · cites it 3× “; 22 C.F.R. §§ 120.1 , 120.20. The decision whether to issue an export license implicates sensitive issues of national security and foreign policy.”

Def. Distributed v. United States Dep't of State, 838 F.3d 451 (5th Cir. 2016). “Those regulations, the International Traffic in Arms Regulation (“ITAR”), are in turn administered by the DDTC [Directorate of Defense Trade Controls] and its employees.”

United States v. Twenty Miljam-350 IED Jammers, 669 F.3d 78 (2d Cir. 2011). · cites it 2× “Authority to designate items as defense articles for such a list (the “USML”) has been delegated to the State Department, see 22 C.F.R. § 120.1 (a), which has determined that an article may be designated a defense article if it: (a) Is specifically designed, developed,…”

State of Washington v. U.S. Dept. of State, 996 F.3d 552 (9th Cir. 2021). “18, 1977); see also 22 C.F.R. § 120.1 (a). In turn, DOS promulgated and updated the International Traffic in Arms Regulations (“ITAR”) to control the licensing, export, and import of defense articles.”

Stagg P.C. v. U.S. Dep't of State, 158 F. Supp. 3d 203 (S.D.N.Y. 2016). “See 22 C.F.R. § 120.1 (a). . Id. § 120.10(a)(1).”

Def. Distributed v. United States Dep't of State, 121 F. Supp. 3d 680 (W.D. Tex. 2015). “The President has delegated his authority to promulgate implementing regulations to the Secretary of State.”

Karn v. U.S. Dep't of State, 925 F. Supp. 1 (D.D.C. 1996). “See 22 C.F.R. § 120.1 (a). The ITAR contains 10 subparts, including “Purpose and definitions,” contained in Part 120, and “The United States munitions list,” contained in Part 121.”

Def. Distributed v. Grewal (D.N.J. 2023). “22 C.F.R. § 120.1 (a); see Stage, P.C. v.”

— 22 C.F.R. § 120.1(a) — 2 cases

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