[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Rules and Regulations]
[Pages 21616-21617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08781]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 8699]
RIN 1400-AD56


Amendment to the International Traffic in Arms Regulations: 
Central African Republic

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 provide the defense trade policy 
regarding the Central African Republic to reflect certain resolutions 
adopted by the United Nations Security Council.

DATES: This rule is effective April 17, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director, 
Office of Defense Trade Controls Policy, U.S. Department of State, 
telephone (202) 663-2792, or email DDTCResponseTeam@state.gov. ATTN: 
Regulatory Change, Central African Republic.

SUPPLEMENTARY INFORMATION: On December 5, 2013, the United Nations 
Security Council (UNSC) adopted resolution 2127, which imposes an arms 
embargo against the Central African Republic, with certain enumerated 
exceptions. On January 28, 2014, the UNSC adopted resolution 2134, 
which extended the embargo, and added the European Union operation to 
the list of exceptions to the embargo. The Department of State is 
adding ITAR Sec.  126.1(u) to implement the embargo.

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 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 the Central 
African Republic, notice and public procedure on this rule would be 
impracticable; for this reason also, this rule is effective upon 
publication.

Regulatory Flexibility Act

    Since the Department is of the opinion that this rule is exempt 
from the provisions of 5 U.S.C. 553, there is no requirement for an 
analysis under the Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This rulemaking 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

    The Department does not believe this rulemaking is a major rule 
within the definition of 5 U.S.C. 804.

[[Page 21617]]

Executive Orders 12372 and 13132

    This rulemaking 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, the Department has determined that this rulemaking 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 rulemaking.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess 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). These executive orders 
stress 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, this rule has been reviewed by the Office of 
Management and Budget (OMB).

Executive Order 12988

    The Department of State reviewed this rulemaking in light of 
Executive Order 12988 to eliminate ambiguity, minimize litigation, 
establish clear legal standards, and reduce burden.

Executive Order 13175

    The Department of State 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, the requirements of Executive Order 13175 do 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.

    For the reasons set forth above, Title 22, Chapter I, Subchapter M, 
part 126 is amended as follows:

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); 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; Sections 7045 and 7046, Pub. L. 112-74; E.O. 13637, 78 
FR 16129.

0
2. Section 126.1(u) is added to read as follows:


Sec.  126.1  Prohibited exports, imports, and sales to or from certain 
countries.

* * * * *
    (u) Central African Republic. It is the policy of the United States 
to deny licenses or other approvals for exports or imports of defense 
articles and defense services destined for or originating in the 
Central African Republic, except that a license or other approval may 
be issued, on a case-by-case basis, for:
    (1) Defense articles intended solely for the support of or use by 
the International Support Mission to the Central African Republic 
(MISCA); the UN Integrated Peacebuilding Office in the Central African 
Republic (BINUCA) and its guard unit, the African Union Regional Task 
Force (AU-RTF); and the French forces and European Union operation 
deployed in the Central African Republic;
    (2) Non-lethal military equipment, and related technical assistance 
and training, when intended solely for humanitarian and protective use, 
as approved in advance by the Committee of the Security Council 
concerning the Central African Republic;
    (3) Personal protective gear temporarily exported to the Central 
African Republic by United Nations personnel, representatives of the 
media, and humanitarian and developmental workers and associated 
personnel, for their personal use only;
    (4) Small arms and related equipment intended solely for use in 
international patrols providing security in the Sangha River Tri-
national Protected Area to defend against poaching, smuggling of ivory 
and arms, and other activities contrary to the laws of the Central 
African Republic or its international legal obligations;
    (5) Arms and related lethal military equipment for Central African 
Republic security forces, intended solely for support of or use in 
security sector reform, as approved in advance by the Committee of the 
Security Council concerning the Central African Republic; or
    (6) Other sales or supply of arms and related materiel, or 
provision of assistance or personnel, as approved in advance by the 
Committee of the Security Council concerning the Central African 
Republic.
* * * * *

Rose E. Gottemoeller,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 2014-08781 Filed 4-16-14; 8:45 am]
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