On August 27, 2025, the U.S. Department of State amended the International Traffic in Arms Regulations (ITAR) to classify certain large, autonomous Unmanned Underwater Vehicles (UUVs) as defense articles. This change will extend export controls to large UUVs used in civil applications, including for the oil and gas industry, subsea infrastructure operations, and oceanographic research. Concurrently, the State Department established a new license exemption designed to facilitate legitimate commercial and scientific operations that involve providing services with these vessels.
Which UUVs Are Now Subject to ITAR Control?
Effective September 15, 2025, a UUV is subject to ITAR control if the vessel is uncrewed and untethered and meets at least one of the following two criteria:
- It is equipped with an anti-recovery feature, such as a scuttle or self-destruct capability.
- It has a gross weight rating exceeding 3,000 pounds and is designed to operate without human interaction for a duration longer than 24 hours or for more than 70 nautical miles.
The State Department determined that UUVs meeting these criteria provide a critical military or intelligence advantage. The 3,000-pound threshold was chosen as the minimum size that would enable significant weaponization (e.g., carrying torpedoes or mines). The 24-hour/70-nautical mile threshold for autonomy was selected because it reflects the typical perishability of military intelligence and excludes many civilian remotely operated vehicles.
New License Exemption for Commercial and Scientific Use
To support U.S. industry, the State Department created a license exemption that authorizes the temporary export, reexport, and temporary import of these UUVs specifically for the execution of services.
To qualify for this exemption, the operation must meet all the following conditions:
- Authorized Purpose: The activity must be for
one of these explicit purposes:
- Scientific research
- Natural resource exploration
- Commercial or civil infrastructure maintenance, installation, or repair
- Search and rescue operations
- Nature of Activity: The exemption is strictly for providing services under a Contractor-Owned, Contractor-Operated (COCO) model. It does not authorize the sale or transfer of ownership, registration, or control of the UUV to a foreign person.
- Weight Restriction: The gross weight rating of the UUV must not exceed 8,000 pounds.
- Exclusivity of Control: The UUV must not be controlled under any other paragraph of the U.S. Munitions List (USML).
Key Takeaways/Recommended Actions
This amendment is part of a multi-year initiative to modernize U.S. export controls, and operators should anticipate future regulatory updates.
To ensure compliance with this new ITAR control and exemption, there are a couple steps that operators and users of UUVs can take:
- Conduct a Fleet Assessment: Operators should immediately assess their UUV fleets to identify which assets meet the 3,000-pound control threshold. For those assets, operators must then verify if they are used for eligible purposes and fall under the 8,000-pound weight limit to qualify for the new license exemption.
- Review Business Models and Contracts: The exemption is strictly limited to the provision of services. Businesses should ensure their models and contracts clearly reflect that ownership and control of the UUVs are not transferred to foreign persons.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
