[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Rules and Regulations]
[Pages 12201-12202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4855]



22 CFR Part 126

[Public Notice 7810]
RIN 1400-AD08

Amendment to the International Traffic in Arms Regulations: Haiti

AGENCY: Department of State.

ACTION: Final rule.


SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations to clarify that the Coast Guard of Haiti is an 
eligible end-user. This change makes it clear that the existing 
exceptions allow for exports to the Coast Guard of Haiti.

DATES: Effective Date: This rule is effective February 29, 2012.

Director, Office of Defense Trade Controls Policy, U.S. Department of 
State, telephone (202) 663-2792, or email [email protected]. 
ATTN: Regulatory Change, Part 126, Haiti.

[[Page 12202]]

SUPPLEMENTARY INFORMATION: This rule implements section 7045(c) of 
Public Law 112-74 by amending ITAR Sec.  126.1(j) to clarify that U.S. 
policy on arms exports to the Government of Haiti includes the Coast 
Guard as an eligible end-user. Therefore, ``to include the Coast 
Guard'' is added to Sec.  126.1(j)(1). In addition, in paragraph 
(j)(2), the word ``exemptions'' is replaced with ``exceptions,'' as it 
more accurately describes the listing in paragraph (j)(1).

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 Sec.  553 (Rulemaking) and Sec.  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 the Government 
of Haiti, 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. 

Regulatory Flexibility Act

    Since this amendment is not subject to 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 

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 Order 12866

    The Department 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 governing the conduct of 
this function are exempt from the requirements of Executive Order 
12866. However, the Department has reviewed the rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
the Executive Order.

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 13563

    The Department of State has considered this rule in light of 
Executive Order 13563, dated January 18, 2011, and affirms that this 
regulation is consistent with the guidance therein.

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 

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:


1. The authority citation for part 126 is revised 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; Sec. 7045, Pub. L. 112-74.

2. Section 126.1 is amended by revising paragraphs (j)(1)(i) and (j)(2) 
to read as follows:

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

* * * * *
    (j) Haiti. (1) * * *
    (i) Defense articles and defense services intended solely for the 
support of or use by security units that operate under the command of 
the Government of Haiti, to include the Coast Guard;
* * * * *
    (2) All shipments of arms and related materials consistent with the 
above exceptions shall only be made to Haitian security units as 
designated by the Government of Haiti, in coordination with the U.S. 
* * * * *

    Dated: February 21, 2012.
Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and International Security, 
Department of State.
[FR Doc. 2012-4855 Filed 2-28-12; 8:45 am]