US eases export controls on civil aircraft with survivability gear

The U.S. Department of State has issued an interim final rule amending the International Traffic in Arms Regulations (ITAR) to remove from the U.S. Munitions List (USML) certain civil aircraft that have been modified to incorporate aircraft survivability equipment (ASE), easing export controls on these items. The rule, published in the Federal Register of August 28, 2026 (Vol. 91, No. 166, Rules and Regulations), takes effect on October 13, 2026, with comments due by September 28, 2026.

The action, identified as FR Doc. 2026-17660 (RIN 1400-AG17, Public Notice 13088), was taken by the State Department’s Directorate of Defense Trade Controls (DDTC) under its authority under the Arms Export Control Act (22 U.S.C. 2778). The Department determined that the affected aircraft no longer warrant ITAR control because they do not provide a critical military or intelligence advantage, and that continuing to regulate them placed U.S. companies at an unnecessary competitive disadvantage.

What the rule changes

The rule amends USML Category VIII(a)(8) to exclude “survivability-enhanced aircraft,” defined as manned aircraft that were in production, are not otherwise described on the USML, are described only under ECCN 9A991.b, and hold a type certificate from the Federal Aviation Administration as a transport or small commuter airplane, or an equivalent certification from a NATO member state or major non-NATO ally.

It also adds new definitions to § 121.0 for ASE, “secured ASE,” survivability-enhanced aircraft, and USML, and adds two new paragraphs to § 120.54 excluding certain reexports and temporary imports of secured ASE incorporated into such aircraft. The rule explicitly excludes unmanned aircraft and aircraft described on the USML for reasons other than incorporating secured ASE.

What remains controlled

ASE itself remains on the USML under Category XI, and the Department stressed that ASE and directly related technical data and defense services continue to provide a critical military or intelligence advantage. Servicing ASE for a foreign person, and assisting a foreign person in modifying an aircraft to incorporate ASE, remain controlled defense services.

• Secured ASE covers directed infrared countermeasures (DIRCM) systems and infrared or ultraviolet missile warning systems necessary for their operation.
• The ASE must be incorporated into an aircraft and employ anti-tamper measures.
• The new exclusions apply only to the physical movement of secured ASE while incorporated into a survivability-enhanced aircraft.

Impact and next steps

The Department said the rule moves the export regulation of certain aircraft from the ITAR to the Export Administration Regulations (EAR), reducing the regulatory burden on those who transfer, repair, or maintain such aircraft and adding options for U.S. participation in improving aviation safety. It is requesting public comment on five specific questions, including whether related commodities, services, or technical data warrant ITAR control.

For readers in the defense and aviation sectors, the change means civil aircraft fitted with survivability gear to protect passengers, dignitaries, and humanitarian operations can now move across borders and through the United States without a separate ITAR authorization, provided the ASE was previously licensed and remains under authorized control.

Source: Federal Register, Vol. 91, No. 166, August 28, 2026, Rules and Regulations, pp. 55457-55461 (official reference: FR Doc. 2026-17660, RIN 1400-AG17).