[Federal Register Volume 59, Number 158 (Wednesday, August 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20218]


[[Page Unknown]]

[Federal Register: August 17, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

Bureau of Political-Military Affairs

22 CFR Part 126

[Public Notice 2050]

 

Amendment to the International Traffic in Arms Regulations

AGENCY: Department of State.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations (22 CFR parts 120-130) (ITAR) to reflect that it is 
no long 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 South Africa. The regulations 
are also amended to add Rwanda to the list of states for which such a 
policy of denial is in effect. A new provision is added to indicate 
that whenever the United Nations Security Council imposes an arms 
embargo, all transactions which involve defense articles and services 
and which are prohibited by the embargo are prohibited under the ITAR.

EFFECTIVE DATE: August 17, 1994.

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

SUPPLEMENTARY INFORMATION: The Department of State is amending 
Sec. 126.1(a) and striking Sec. 126.1(c) of the 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 services, 
destined for or originating in South Africa. With respect to South 
Africa, all requests for licenses or other approvals involving items 
covered by the U.S. Munitions List (22 CFR part 121) will now be 
reviewed on a case-by-case basis. This policy change was announced in a 
notice published at 59 FR 31667 on June 20, 1994.
    The arms export embargo on South Africa was imposed by the U.N. 
Security Council in Resolution 418 of November 4, 1977. An arms import 
embargo was called for by Security Council Resolution 558 of December 
13, 1984. The Security Council terminated both embargoes in U.N. 
Security Council Resolution 919 of May 25, 1994. The Council's actions 
follow the first all-race multiparty election and the establishment of 
a democratic South African Government inaugurated on May 10, 1994.
    Section 126.1(a) is also amended to add Rwanda to the list of 
countries with respect to which the United States maintains an arms 
embargo. It is the policy of the United States to deny licenses, other 
approvals, exports and imports of defense articles and services, 
destined for or originating in Rwanda. This policy was announced in a 
notice published at 59 FR 28583 on June 2, 1994. This policy and 
amendment implement U.N. Security Council Resolution 918 of May 17, 
1994, which requires all states to prevent the sale or supply to Rwanda 
of arms and related material, and Executive Order 12918 of May 26, 
1994.
    Licenses and approvals subject to the South Africa and Rwanda 
policies include manufacturing licenses, technical assistance 
agreements, technical data, and commercial military exports and 
reexports of any kind involving these countries under the authority of 
the Arms Export Control Act.
    A new section 126.1(c) is added to indicate that whenever the 
United Nations Security Council mandates an arms embargo, all 
transactions which are prohibited by the embargo and which involve U.S. 
persons anywhere, or any person in the United States, and defense 
articles and services of a type enumerated on the United States 
Munitions List (22 CFR part 121), irrespective of origin, are 
prohibited under the ITAR for the duration of the embargo, unless the 
Department of State publishes a notice in the Federal Register 
specifying different measures. This would include, but is not limited 
to, transactions involving trade by U.S. persons who are located inside 
or outside of the United States in defense articles and services of 
U.S. or foreign origin which are located on U.S. territory or 
elsewhere.
    This amendment involves a foreign affairs function of the United 
States. It is exempt from review under Executive Order 12866 but has 
been reviewed internally by the Department to ensure consistency with 
the purposes thereof. It is also excluded from the procedures of 5 
U.S.C. 553 and 554.
    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 is amended to read as 
follows:

    Authority: Secs. 2, 38, 40, 42, and 71, Arms Export Control Act, 
Pub. L. 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791, and 
2797); E.O. 11958, 41 FR 4311; E.O. 11322, 32 FR 119; 22 U.S.C. 
2658; 22 U.S.C. 287c; E.O. 12918, 59 FR 28205.

    2. Section 126.1 is amended by revising paragraphs (a) and (c), as 
follows:


Sec. 126.1  Prohibited exports and sales to certain countries.

    (a) General. It is the policy of the Untied 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, 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, Rwanda, 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.
* * * * *
    (c) Exports and sales prohibited by United Nations Security Council 
embargoes. Whenever the United Nations Security Council mandates an 
arms embargo, all transactions which are prohibited by the embargo and 
which involve U.S. persons anywhere, or any person in the United 
States, and defense articles and services of a type enumerated on the 
United States Munitions List (22 CFR part 121), irrespective of origin, 
are prohibited under the ITAR for the duration of the embargo, unless 
the Department of State publishes a notice in the Federal Register 
specifying different measures. This would include, but is not limited 
to, transactions involving trade by U.S. persons who are located inside 
or outside of the United States in defense articles and services of 
U.S. or foreign origin which are located inside or outside of the 
United States.

    Dated: August 9, 1994.
Lynn E. Davis,
Under Secretary for Arms Control and International Security Affairs.
[FR Doc. 94-20218 Filed 8-16-94; 8:45 am]
BILLING CODE 4710-25-M