Reading Room Document

Revised Proposed International Traffic in Arms Regulations (ITAR)

This opinion provides feedback on the second draft of the International Traffic in Arms Regulations ("ITAR"), which tried to address the issue of overbreadth in its first draft by narrowing the statutory definition of “export” and “technical data,” as well as by expanding the exemptions provided from the licensing requirement. The opinion concludes that the second draft of ITAR remains vulnerable to prior restraint challenges, and the State Department should further narrow the regulations in its next draft. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/page/file/936161/download.

July 5, 1984