[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39392-39393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16283]
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DEPARTMENT OF STATE
22 CFR Part 126
RIN 1400-AD23
[Public Notice 7944]
Amendment to the International Traffic in Arms Regulations: Yemen
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations (ITAR) to update the policy toward Yemen. Licenses
or other approvals for exports or imports of defense articles and
defense services destined for or originating in Yemen will be reviewed,
and may be issued, on a case-by-case basis.
DATES: Effective Date: This rule is effective July 3, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Candace M. J. Goforth, Director,
Office of Defense Trade Controls Policy, U.S. Department of State,
telephone (202) 663-2792, or email DDTCResponseTeam@state.gov. ATTN:
Regulatory Change, Part 126, Yemen.
SUPPLEMENTARY INFORMATION: The Department of State published a notice
in the Federal Register on December 16, 1992, providing that the
defense export policy for Yemen included a ``presumption of denial''
for proposed exports of lethal defense articles or items supporting
such articles. On August 8, 2011, the Department amended the ITAR to
include Yemen in Sec. 126.1, which describes prohibited exports,
imports, and sales to or from certain countries. That policy allowed
for the export of non-lethal defense articles and defense services and
non-lethal, safety-of-use defense articles for lethal end-items.
License applications for the export of lethal defense articles and
defense services were denied.
This rule removes the ITAR Sec. 126.1 limitations on defense trade
with Yemen. Less restrictive defense trade will further the national
security and foreign policy interests of the United States. The
Republic of Yemen has taken important steps to stabilize the country,
including holding successful presidential elections in February 2012.
Furthermore, the Republic of Yemen is a critical partner in the United
States' continuing efforts against terrorism. Defense assistance to the
Yemeni government will be critical to increasing stability and security
throughout the country and countering this threat.
Therefore, Sec. 126.1(u) is removed, and the Department will
review on a case-by-case basis all requests for licenses or other
approvals for exports or temporary imports of defense articles and
defense services destined for or originating in Yemen.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department of State is of the opinion that controlling the
import and export of defense articles and services is a foreign affairs
function of the United States Government and that rules implementing
this function are exempt from sections 553 (rulemaking) and 554
(adjudications) of the Administrative Procedure Act. Since the
Department is of the opinion that this rule is exempt from 5 U.S.C.
553, it is the view of the Department of State that the provisions of
Sec. 553(d) do not apply to this rulemaking. Therefore, this rule is
effective upon publication. The Department also finds that, given the
national security issues surrounding U.S. policy towards Yemen, notice
and public procedure on this rule would be impracticable, unnecessary,
or contrary to the public interest; for the same reason, the rule will
be effective immediately. See 5 U.S.C. 808(2).
Regulatory Flexibility Act
Since the Department is of the opinion that this rule is exempt
from the rulemaking provisions of 5 U.S.C. 553, it does not require
analysis under the Regulatory Flexibility Act.
Unfunded Mandates Act of 1995
This amendment does not involve a mandate that will result in the
expenditure by state, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any year and it
will not significantly or uniquely affect small governments. Therefore,
no actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This amendment has been found not to be a major rule within the
meaning of the Small Business Regulatory Enforcement Fairness Act of
1996.
Executive Orders 12372 and 13132
This amendment will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this amendment does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this amendment.
Executive Orders 12866 and 13563
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributed impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB).
Executive Order 12988
The Department of State has reviewed the amendment in light of
sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate
ambiguity, minimize litigation, establish clear legal standards, and
reduce burden.
Executive Order 13175
The Department has determined that this rulemaking will not have
tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not preempt tribal law.
Accordingly, Executive Order 13175 does not apply to this rulemaking.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. chapter
35.
List of Subjects in 22 CFR Part 126
Arms and munitions, Exports.
Accordingly, for the reasons set forth above, Title 22, Chapter I,
Subchapter M, part 126 is amended as follows:
[[Page 39393]]
PART 126--GENERAL POLICIES AND PROVISIONS
0
1. The authority citation for part 126 continues to read as follows:
Authority: Secs. 2, 38, 40, 42, and 71, Pub. L. 90-629, 90
Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); E.O. 11958,
42 FR 4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C. 2651a; 22 U.S.C.
287c; E.O. 12918, 59 FR 28205; 3 CFR, 1994 Comp., p. 899; Sec. 1225,
Pub. L. 108-375; Sec. 7089, Pub. L. 111-117; Pub. L. 111-266;
Section 7045, Pub. L. 112-74; Section 7046, Pub. L. 112-74.
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2. Section 126.1 is amended by removing and reserving paragraph (u), as
follows:
Sec. 126.1 Prohibited exports, imports, and sales to or from certain
countries.
* * * * *
(u) [Reserved]
* * * * *
Dated: June 26, 2012.
Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and International Security,
Department of State.
[FR Doc. 2012-16283 Filed 7-2-12; 8:45 am]
BILLING CODE 4710-25-P