Yes and no. ITAR (and other laws like it) are self assessment and don't specifically say thing thing.

However your interpretation / self-assessment is subject to various reviews/audits. These days the reviewers are not going to be kind to someone who just says "not an issue", they will demand strong justification. Most organizations take the view that is is easier to fix all CVEs than try to pass audits.

Thus by the letter of the law you are correct. However to meet the letter of the law without fixing CVEs is generally seen as harder than thus fixing CVEs. So the effect is ITAR (and similar laws) force you to fix CVEs.