EXPORT CONTROLS | 2026-09-20

State Moves Uncrewed Underwater Vehicles Off the Munitions List — Effective October 19, 2026

The ITAR weight line for autonomous subsea vessels moves from 3,000 to 8,000 pounds, with a new navigation-capability test and a new paragraph (a)(11) for the largest craft.

On September 18, 2026 the State Department published a rule removing certain uncrewed underwater vehicles from the U.S. Munitions List, effective October 19, 2026, with comments due the same day. USML Category XX(a)(10) is revised so that vessels at or under 8,000 pounds are described only if they are specially designed to have navigation capabilities beyond following fixed waypoints and performing rule-compliant collision avoidance. For California's subsea robotics sector the decontrol is real,

On September 18, 2026 the Department of State published a rule amending the International Traffic in Arms Regulations to remove certain uncrewed underwater vehicles from the U.S. Munitions List. The rule takes effect October 19, 2026, and State is accepting comments through the same date. For California's maritime autonomy sector — the subsea robotics companies clustered around San Diego, the Bay Area, and the Central Coast — this is one of the more consequential export control changes in years.

What the rule actually changes

USML Category XX(a)(10) has described certain vessels with a gross weight rating exceeding 3,000 pounds that are designed to operate without human interaction for longer than 24 hours or for more than 70 nautical miles. That combination of weight, endurance and range has been the practical boundary between an ITAR-controlled underwater vehicle and one that is not.

State, with the concurrence of the Department of Defense, now assesses that vessels described in Category XX(a)(10) with a gross weight rating up to 8,000 pounds provide a critical military or intelligence advantage only when they are described elsewhere on the USML, or when they are specially designed to possess certain navigation capabilities.

Acting on that assessment, the rule revises paragraph (a)(10) so that it continues to describe vessels at or under 8,000 pounds only if they are specially designed to have navigation capabilities beyond the ability to follow fixed waypoints and to perform collision avoidance maneuvers that adhere to the see-and-avoid principles of navigation regulations.

The new weight line, and the new paragraph (a)(11)

The rule also adds a new paragraph (a)(11) and moves into it those vessels with a gross weight rating exceeding 8,000 pounds that are specially designed to operate without human interaction for longer than 24 hours or for more than 70 nautical miles. Conforming changes are made to paragraph (a)(9).

The practical structure that emerges is a two-tier control. Above 8,000 pounds, long-endurance or long-range autonomous vessels remain squarely described on the USML under the new paragraph. At or under 8,000 pounds, the vehicle is described only if its navigation capability exceeds waypoint following and rule-compliant collision avoidance, or if it is captured elsewhere on the list.

"Specially designed" is doing real work here

The revised paragraph uses the term "specially designed," which is defined at ITAR section 120.41. That is a deliberate drafting choice, and it is not a softening. "Specially designed" is a defined term with a structured catch-and-release analysis, and applying it correctly requires walking the definition rather than relying on an intuitive reading of the words.

A company concluding that its vehicle has moved off the USML should be able to show its work against section 120.41, not merely assert that the vehicle is commercial. That analysis, documented at the time, is what makes a classification defensible later. This is ordinary but unforgiving export controls practice.

Off the USML does not mean uncontrolled

This is the single most common and most expensive misreading of a decontrol rule. The notice is explicit that this action removes the designation of certain defense articles, which then become subject to the Export Administration Regulations at 15 CFR parts 730 through 774, including the Commerce Control List, administered by the Department of Commerce.

Moving from ITAR to the EAR changes which agency licenses the export, which license exceptions may be available, and which recordkeeping obligations attach. It does not make the item freely exportable. Companies that treat an ITAR removal as a release from export control obligations tend to discover the error during a transaction, an audit, or a government inquiry — at which point the conversation is about past shipments, not future ones.

The right response is a re-classification exercise: determine the correct Export Control Classification Number, confirm the license requirements for intended destinations and end users, and update internal procedures, technology control plans and contract representations to reflect the new regime. California companies working through this transition often find it useful to pair the technical classification with counsel review, and a California export control analysis can help confirm that the EAR treatment is correctly identified before the first post-effective-date shipment.

The section 126.9(u) exemption is unchanged

The license exemption at ITAR section 126.9(u) authorizes certain transfers of vessels described in USML Category XX(a)(10). The rule states that it does not modify that exemption, and that its provisions remain available for vessels described in Category XX(a)(10).

Because the content of paragraph (a)(10) is changing, the practical scope of the exemption moves with it even though the exemption text does not. Anyone who has relied on section 126.9(u) should re-run the analysis after October 19, 2026 rather than assume continuity, and should confirm whether the vehicle in question is still described in (a)(10), now described in the new (a)(11), or no longer described in Category XX(a) at all. Those are three different regulatory outcomes.

State is asking for comments — and signaling what comes next

The rule requests comments to assist in further refining ITAR controls on uncrewed underwater vehicles and to identify possible enhancements to the license exemption for certain UUV-related activities. Comments are due on or before October 19, 2026.

State also notes its intent to review ITAR controls on autonomous capabilities more broadly, including the maritime navigation systems described in USML Category VI. That is a meaningful signal. Companies whose products depend on autonomy or navigation controls have both an opportunity to shape the next round and a reason to expect further change. A comment grounded in concrete technical description and commercial reality is generally more useful to an agency than a general request for relief.

What to do before October 19, 2026

Inventory the affected products and record each vehicle's gross weight rating, endurance, range, and navigation capability against both the current and revised paragraph text. Decide, for each, which of the three outcomes applies. Where a product moves to the EAR, complete the classification and license analysis before the effective date rather than after, and make sure sales and logistics are not operating on stale ITAR assumptions.

Review existing agreements. Technical assistance agreements, manufacturing license agreements, and contract clauses that assume ITAR jurisdiction may need revisiting, as may the export representations in customer contracts. Finally, preserve the written classification rationale. When jurisdiction changes, the file explaining why an item was treated as it was becomes the most valuable document a compliance program has. Companies coordinating export classification with import obligations can find a California customs attorney useful for keeping both sides consistent, and further developments are tracked in our international trade news.

This article is general information about a published Federal Register rule and is not legal advice. Control text, thresholds, exemptions and effective dates change, and export jurisdiction depends on the specific technical characteristics of each item and the facts of each transaction. No outcome is promised or guaranteed. Consult qualified counsel about your own situation.

Contact Trembach Law Firm at (818) 514-7680 for a confidential consultation.

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