[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Rules and Regulations]
[Pages 21616-21617]
From the Federal Register Online via the Government Publishing 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 [email protected]. 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]
BILLING CODE 4710-25-P