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State Department Eases Export Controls on Survivability-Enhanced Aircraft: Key Takeaways

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On August 28, 2026, the Directorate of Defense Trade Controls (DDTC) published an interim final rule (IFR) easing export controls on certain survivability-enhanced aircraft under the International Traffic in Arms Regulations (ITAR). This action substantially relaxes ITAR controls on aircraft that have been modified to incorporate aircraft survivability equipment (ASE), and to exclude from ITAR authorization requirements certain reexports and temporary imports of ASE. This rule intends to both reduce unnecessary compliance burdens on international partners using secured ASE to protect dignitaries and commercial passengers, and remove the competitive disadvantage for U.S. manufacturers relative to foreign manufacturers whose products are not subject to ITAR jurisdiction.

As a result, no DDTC authorization is required for ASE incorporated into survivability-enhanced aircraft to be temporarily imported or reexported if certain conditions are met. In addition, U.S. companies providing maintenance and servicing of survivability-enhanced aircraft (not directly related to the ASE) will no longer require ITAR authorization for those activities.

The rule will become effective 45 days after publication (October 13, 2026), and DDTC is requesting public comments on the rule within 30 days of publication (September 27, 2026) .

Revisions to USML Category VIII(a)(8)
The rule revises USML Category VIII(a)(8) to exclude survivability-enhanced aircraft (i.e., manned civil aircraft modified solely to incorporate secured ASE) from the USML. ASE itself is a defense article described in USML Category XI(a)(4) (which describes electronic warfare systems and equipment).

Previously, any civil aircraft modified to incorporate ASE had been ITAR-controlled, including when the ASE was not physically present in the aircraft because such aircraft are specially designed to incorporate a defense article for the purpose of performing an electronic warfare function.

DDTC assessed that incorporating secured ASE to protect an aircraft and its occupants should not, by itself, subject an otherwise civil aircraft to regulation under the ITAR. DDTC explained its reasoning that, when incorporated into an otherwise civil aircraft without modifications to incorporate other defense articles, ASE supports a purely protective function. For this and other reasons, DDTC asserts that commercial servicing and maintenance of survivability enhanced aircraft does not provide a critical military or intelligence advantage that warrants continued ITAR control.

DDTC further explained that U.S. companies that provided maintenance services on aircraft that were specially designed to incorporate ASE were previously placed at an unnecessary competitive disadvantage due to the requirement for them to obtain DDTC authorization from prior to performing the defense service while foreign competitors did not need such authorization.

New Definitions
To concisely implement the exclusion in USML Category VIII(a)(8), DDTC also added new defined terms in ITAR § 121.0:

  1. ASE: Aircraft Survivability Equipment.
  2. Secured ASE: Directed infrared countermeasures (DIRCM) systems or infrared/ultraviolet missile warning systems necessary for DIRCM operation, that are incorporated into an aircraft and employ anti-tamper measures to deter, delay and detect unauthorized access to, or exploitation of, critical system components and software.
  3. Survivability-enhanced aircraft: A manned aircraft that (1) prior to modification, was a civil aircraft in production described only in ECCN 9A991.b with an FAA or equivalent NATO/major non-NATO ally type certificate; (2) has been modified to incorporate secured ASE; (3) would not otherwise be described in USML Category VIII(a)(8); and (4) is not described in any other USML paragraph.

New Entries in § 120.54(a) (Activities That Are Not Exports, Reexports, Retransfers, or Temporary Imports)
The interim final rule creates two new activities that are carved out of the definition of export, reexport, retransfer or temporary import. Specifically:

  • New § 120.54(a)(8): Temporarily bringing secured ASE into the United States, provided neither the ASE nor the aircraft in which it is incorporated is transferred to another foreign person while in the United States.
  • New § 120.54(a)(9): Taking secured ASE previously exported from the United States pursuant to an ITAR license from one foreign country to another while incorporated into a survivability-enhanced aircraft.

What Remains Controlled
ASE itself (e.g., prior to being integrated into an aircraft) remains described on the USML in Category XI(a)(4). Defense services directly related to ASE, including assisting a foreign person in modifying an aircraft to incorporate ASE, servicing ASE, and transferring technical data related to ASE, remain controlled. Retransfer of ASE to a foreign person while outside the United States also remains controlled.