[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39392-39393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16283]



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.


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 

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 

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]]


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.

2. Section 126.1 is amended by removing and reserving paragraph (u), as 

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

* * * * *
    (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]