ITAR Amendment on High-Energy Storage Capacitors

In a rapidly evolving technological landscape, maintaining clarity and consistency in regulatory frameworks is paramount. The Department of State, through its Directorate of Defense Trade Controls (DDTC), continues its commitment to refine the International Traffic in Arms Regulations (ITAR) to align with contemporary realities while safeguarding national security interests.

On April 27, 2023, the Department introduced an interim final rule, effective May 21, 2023, to amend the ITAR, specifically targeting high-energy storage capacitors within the U.S. Munitions List (USML) Category XI. This initial amendment aimed to delineate capacitors with broad commercial applications from those pivotal to military or intelligence functions.

Further Refinements:

After meticulous review and consideration of public feedback, the Department proceeds with additional amendments to USML Category XI, effective April 24, 2024. These revisions aim to enhance clarity, align terminology with industry standards, and ensure that regulatory controls remain commensurate with evolving technological advancements.

Key Amendments and Rationale:

1. Terminology Standardization:

- Responding to industry feedback, the Department acknowledges the preference for using "rated voltage" over "capable of operating" to define voltage criteria. This change aligns terminology with industry norms, fostering clarity and consistency.

2. Definition Refinement:

- A precise definition of "rated voltage" is introduced, emphasizing it as the maximum continuous voltage that will not damage the capacitor. This clarification excludes short-term transient or surge conditions, enhancing regulatory precision.

3. Temperature Specification:

- To ensure uniform evaluation standards across manufacturers, the Department specifies that rated voltage should be assessed at an operating temperature of 85°C or lower. This stipulation mitigates discrepancies arising from temperature variations in capacitor performance.

4. Adjustment of Voltage Threshold:

- Recognizing technological advancements and international comparability, the voltage threshold is raised beyond 500 V. This adjustment acknowledges the evolving landscape of capacitor capabilities and eliminates unnecessary controls on commercially viable products.

The Department's amendments to the ITAR underscore its commitment to fostering regulatory clarity, aligning with industry standards, and adapting to technological evolution. By engaging stakeholders, considering feedback, and refining regulatory frameworks, the Department ensures that export controls strike a delicate balance between national security imperatives and promoting innovation in the global marketplace.

Read the full notice in the Federal Register here: https://tinyurl.com/47rftxc3