On August 19, 2026, the Secretary of State approved a new defense trade policy for Syria. The Department then amended ITAR Section 126.1, titled "Prohibited exports, imports, and sales to or from certain countries," by removing Syria from the table of countries where the United States maintains a blanket policy of denial for defense exports and imports. Syria's removal from that list—which still includes Belarus, Burma, China, Cuba, Iran, North Korea, and Venezuela—opens the door to licensing requests that the Department will evaluate on their merits.
The regulatory change required several statutory prerequisites to be met first. The terrorism-support determination that had underpinned restrictions under sections 40 and 40A of the Arms Export Control Act had to be rescinded. Separate restrictions imposed under the Syria Accountability and Lebanese Sovereignty Restoration Act, the Chemical and Biological Weapons Control and Warfare Elimination Act, and the Child Soldiers Prevention Act had to be waived or removed. The document states these prerequisites are now satisfied but does not specify when or how each was accomplished, only that their removal was necessary before Syria could be delisted.
The amendment to ITAR Section 126.1 codifies the Secretary's August 19 decision by removing the reference to Syria in paragraph (d)(1), which governs the comprehensive policy of denial. Defense contractors and exporters seeking to sell military equipment or provide defense services to Syria will need to submit license applications to the State Department's Office of Defense Trade Controls Policy. The Department will adjudicate each request individually. The document does not detail the criteria for approval, the timeline for decisions, or the types of defense articles and services that might be eligible for licensing.
For specifics on the new process, the State Department directs inquiries to Mr. Ryan Haddad, Foreign Affairs Officer, at (771) 204-7878 or via email to the Office of Defense Trade Controls Policy, with the subject line "Regulatory Change, ITAR Section 126.1 Syria. The contact information appears in the rule's "For Further Information Contact" section.
The rule was published without public comment. The State Department invoked an exemption under the Administrative Procedure Act for military and foreign affairs functions, meaning the Department did not solicit feedback before finalizing the change. Because the rule is exempt from the notice-and-comment provisions of 5 U.S.C. 553, it also does not require analysis under the Regulatory Flexibility Act. The Office of Information and Regulatory Affairs designated it a "significant regulatory action" under Executive Order 12866, though the Department characterized the costs as minimal because the rule removes regulatory requirements rather than imposing new ones.
The rule is also exempt from the requirements of Executive Order 14192, which relates to foreign affairs or national security functions. It does not impose or revise any information collections subject to the Paperwork Reduction Act. The Department determined the rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not preempt tribal law, so Executive Order 13175 does not apply.
Expats and business owners with ties to Syria should note that this change applies only to defense trade—weapons, military equipment, and related services. It does not affect broader sanctions or other restrictions on commerce with Syria, which remain in place under separate authorities. The document leaves open what happens next: whether the State Department will issue guidance on which defense articles or services are now eligible for licensing, or whether each application will be evaluated individually without published criteria.
General information, not legal, immigration or tax advice. Confirm the details with State Department before you act.
