The ITAR policy of denial

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1. A policy of denial

The International Traffic in Arms Regulations (ITAR) set a policy of denial for certain countries. The United States denies licenses and other approvals for exports, reexports, retransfers and temporary imports of defense articles and services going to, or coming from, those countries (22 CFR 126.1(a)). Brokering involving those countries is covered by a similar rule in part 129, which the regulation cross-refers to. How the brokering rule works is covered in getting approval for a brokering transaction.

The same paragraph closes the exemptions (22 CFR 126.1(a)). No transfer to or from a proscribed country, area or person may be made under any ITAR exemption, with three exceptions. The first covers transfers under four named sections, among them section 126.6. The second covers certain transfers by or for the American government under section 126.4, including exports to Russia that support government space cooperation. The third covers transfers where the recipient is an American government department or agency.

2. How a country gets on the list

Section 126.1 says a listing may derive from three sources (22 CFR 126.1(c)). The first is United Nations Security Council sanctions. Every transaction they prohibit that involves Munitions List items and American persons, or anyone in the United States, is prohibited under the ITAR while the sanctions last (22 CFR 126.1(c)(1)). That applies whatever the item’s origin, unless the State Department publishes a Federal Register notice specifying different measures.

Exports and temporary imports to countries the Secretary of State has named as state sponsors of terrorism are prohibited (22 CFR 126.1(c)(2)). The regulation ties that rule to section 40 of the Arms Export Control Act and the Omnibus Diplomatic Security and Antiterrorism Act of 1986. Countries certified to Congress under section 40A as not cooperating fully with American antiterrorism efforts fall under the policy of denial too, and the Secretary of State makes those determinations every year. The third source is any American arms embargo or sanctions regime, such as those under the Foreign Assistance Act, the International Religious Freedom Act or the Child Soldiers Prevention Act (22 CFR 126.1(c)(3)). The policy also applies wherever an export would not further world peace or American security and foreign policy.

3. The comprehensive list

The regulation separates countries under a comprehensive policy of denial from those under a qualified one (22 CFR 126.1(d)). As published in the electronic code current to 29 September 2026, the comprehensive list names Belarus, Burma, China, Cuba, Iran, North Korea, Syria and Venezuela (22 CFR 126.1(d)(1)). That list has since changed. A State Department rule effective 1 October 2026 removed Syria, so that requests involving Syria are now decided case by case (91 FR 62313). The rule explains that the Secretary of State approved the new Syria policy on 19 August 2026. It lists the statutory prerequisites that were met first, including rescinding the terrorism-support determination under sections 40 and 40A of the Arms Export Control Act. Restrictions under three other statutes, among them the Child Soldiers Prevention Act, also had to be waived or removed.

The qualified list sends readers to a country paragraph for each entry (22 CFR 126.1(d)(2)). It names Afghanistan, the Central African Republic, Cyprus, the Democratic Republic of the Congo, Eritrea, Haiti, Iraq, Lebanon, Libya, Nicaragua, Russia, Somalia, South Sudan, Sudan and Zimbabwe. A rule in September 2026 removed the Ethiopia entry, implementing a February 2026 decision to end its policy of denial (91 FR 59059). The country exceptions are covered in country exceptions to the policy of denial.

4. Cyprus, year by year

The Cyprus paragraph allows case-by-case approvals for the United Nations force in Cyprus or for civilian end users (22 CFR 126.1(r)). It also suspended the policy of denial, and Cyprus’s status as a proscribed destination, from 1 October 2025 to 30 September 2026. A rule effective 1 October 2026 continues the suspension through 30 September 2027 (91 FR 57787). The rule explains that the law keeps the policy of denial in place unless the government certifies, at least once a year, that Cyprus is cooperating on anti-money laundering reform and denying Russian military vessels access to its ports. The Secretary of State made that certification on 10 July 2026. The suspension also covers retransfers, temporary imports and brokering involving Cyprus. Exemptions remain usable where their conditions are met, and license applications are reviewed case by case.

5. Ships, aircraft and proposals

Authorized defense articles may not travel on any conveyance owned or operated by a proscribed country, area or person, or leased to or from one. Vessels, aircraft and spacecraft are all covered (22 CFR 126.1(b)). The rule applies to exports, temporary imports, reexports and retransfers alike.

The rule reaches talking, not only shipping (22 CFR 126.1(e)(1)). No sale, export, transfer, reexport or retransfer to a listed country, its embassies or consulates, or anyone acting for it, may be made without a license or written approval. The same applies to a proposal or presentation to do any of those things, in the United States or abroad. The State Department’s policy is to deny licenses and approvals in these cases.

The regulation defines proposal and presentation broadly (22 CFR 126.1(e)). They mean information detailed enough for a buyer to decide to acquire the article or enter an agreement. Its example is describing an item’s performance, price and probable availability for delivery, which would need a license or approval.

6. A duty to report

Knowledge brings a duty to report. Anyone who knows or has reason to know of a proposed, final or actual covered transaction must tell the Directorate of Defense Trade Controls immediately (22 CFR 126.1(e)(2)). Notices go to the directorate’s Office of Defense Trade Controls Compliance. Reporting suspected violations more generally is covered in the voluntary disclosure policy.

Key terms

Policy of denial	The presumption that licenses and approvals for listed countries will be refused.
Comprehensive list	Countries under a full policy of denial, in paragraph (d)(1).
Qualified list	Countries whose denial policy has stated exceptions, in paragraph (d)(2).
Proposal or presentation	Information detailed enough for a buyer to decide to acquire an item.
Duty to notify	The obligation to tell the Directorate immediately about covered transactions.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

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