[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8003]


[[Page Unknown]]

[Federal Register: April 4, 1994]


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DEPARTMENT OF STATE

Bureau of Political-Military Affairs

22 CFR Part 126

[Public Notice 1972]

 

Amendment to the International Traffic in Arms Regulations 
Proscribed List

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 reflect that it is no longer the policy 
of the United States to deny licenses, other approvals, exports and 
imports of defense articles and defense services, destined for or 
originating in the following countries: Albania, Bulgaria, Cambodia, 
Estonia, Latvia, Lithuania and Romania. The regulations are also 
amended to add Haiti, as a result of the UN arms embargo against it, 
and to add Sudan. A new provision is added to reflect the qualified 
embargo of Angola which is set forth in Executive Order 12865 of 
September 26, 1993 and which is also implemented by the UNITA (Angola) 
Sanctions Regulations published by the Office of Foreign Assets 
Control, Department of the Treasury on December 10, 1993 (58 FR 64904).

EFFECTIVE DATE: April 4, 1994.

FOR FURTHER INFORMATION CONTACT:
Andrew P. Church, Office of Export Control Policy, Bureau of Political-
Military Affairs, Department of State (202-647-4231).

SUPPLEMENTARY INFORMATION: The Department of State is amending the ITAR 
to reflect that it is no longer the policy of the United States to, 
pursuant to 22 CFR 126.1, deny licenses, other approvals, exports and 
imports of defense articles and defense services, destined for or 
originating in the following countries: Albania, Bulgaria, Cambodia, 
Estonia, Latvia, Lithuania and Romania. With respect to these 
countries, all requests for approval involving items covered by the 
U.S. Munitions List (22 CFR part 121) will be reviewed on a case-by-
case basis.
    With respect to Albania, Bulgaria, Estonia, Latvia, Lithuania and 
Romania, this action is taken in response to the great progress made by 
these countries in transforming themselves from authoritarian, one-
party communist regimes to free market democracies. Cambodia is removed 
from the provisions of Sec. 126.1(a) as a result of the installation of 
a new and democratically-elected government, and the end of 
multifactional civil conflict that plagued the country for over a 
decade.
    Section 126.1(a) is amended to add Haiti as a result of the UN arms 
embargo against it, and Sec. 126.1(d) is amended to add Sudan, which 
was designated by the Secretary of State on August 12, 1993 as a 
country which has repeatedly provided support for acts of international 
terrorism.
    A Sec. 126.1(f) is added to reflect the qualified embargo of Angola 
which is set forth in Executive Order 12865 of September 26, 1993 and 
which is also implemented by the UNITA (Angola) Sanctions Regulations 
published by the Office of Foreign Assets Control, Department of the 
Treasury, at 58 FR 64904.
    This amendment involves a foreign affairs function of the United 
States and this is excluded from the major rule procedures of Executive 
Order 12291 (46 FR 13193) and the procedures of 5 U.S.C. 553 and 554. 
This final rule does not contain a new or amended information 
requirement subject to the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

List of Subjects in 22 CFR Part 126

    Arms and munitions, Exports.

    Accordingly, for the reasons set forth in the preamble, and under 
the authority of section 38 of the Arms Export Control Act (22 U.S.C. 
2778) and Executive Order 11958, as amended, 22 CFR subchapter M is 
amended as follows:

PART 126--GENERAL POLICIES AND PROVISIONS

    1. The authority citation for part 126 continues to read as 
follows:

    Authority: Sec. 38, sec. 42, Arms Export Control Act, 90 Stat. 
744 (22 U.S.C. 2778, 2780); E.O. 11958, 42 FR 4311, E.O. 11322, 32 
FR 119; 22 U.S.C. 2658, unless otherwise noted.

    2. Section 126.1 is amended by revising paragraphs (a) and (d), and 
by adding paragraph (f) as follows:


Sec. 126.1  Prohibited exports and sales to certain countries.

    (a) General. It is the policy of the United States to deny 
licenses, other approvals, exports and imports of defense articles and 
defense services, destined for or originating in certain countries. 
This policy applies to Armenia, Azerbaijan, Belarus, Cuba, Georgia, 
Iran, Iraq, Kazakhstan, Kyrgyzstan, Libya, Moldova, Mongolia, North 
Korea, Russia, South Africa, Syria, Tajikistan, Turkmenistan, Ukraine, 
Uzbekistan and Vietnam. This policy also applies to countries with 
respect to which the United States maintains an arms embargo (e.g., 
Burma, China, Haiti, Liberia, Somalia, Sudan, the former Yugoslavia, 
and Zaire) or whenever an export would not otherwise be in furtherance 
of world peace and the security and foreign policy of the United 
States. Comprehensive arms embargoes are normally the subject of a 
State Department notice published in the Federal Register. The 
exemptions provided in the regulations in this subchapter, except 
Secs. 123.17 and 125.4(b)(13) of this subchapter, do not apply with 
respect to articles originating in or for export to any proscribed 
countries or areas.
* * * * *
    (d) Terrorism. Exports to countries which the Secretary of State 
has determined to have repeatedly provided support for act of 
international terrorism are contrary to the foreign policy of the 
United States and are thus subject to the policy specified in paragraph 
(a) of this section and the requirements of section 40 of the Arms 
Export Control Act (22 U.S.C. 2780) and the Omnibus Diplomatic Security 
and Anti-Terrorism Act of 1986 (22 U.S.C. 4801, note). The countries in 
this category are: Cuba, Iran, Iraq, Libya, North Korea, Sudan and 
Syria. The same countries are identified pursuant to section 6(j) of 
the Export Administration Act, as amended (50 U.S.C. App. 2405(j)).
* * * * *
    (f) Angola. Consistent with U.N. Security Council Resolution 864 of 
September 15, 1993, an arms embargo exists with respect to UNITA. 
Accordingly, exports subject to this subchapter are prohibited in 
accordance with Security Council Resolution 864, Executive Order 12865 
of September 29, 1993, and the UNITA (Angola) Sanctions Regulations 
issued by the Office of Foreign Assets Control, Department of the 
Treasury, on December 10, 1993 (58 FR 64904).

    Date: March 23, 1994.
Lynn E. Davis,
Under Secretary for International Security Affairs.
[FR Doc. 94-8003 Filed 4-1-94; 8:45 am]
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