[Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
[Rules and Regulations]
[Pages 47866-47867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22942]



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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 47

[T.D. ATF-367]
RIN 1512-AB37


Importation of Arms, Ammunition and Implements of War (93F-301P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Final rule, Treasury decision.

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SUMMARY: This final rule amends the list of countries from which the 
import of defense articles into the United States is proscribed to add 
Iran, Iraq, Libya, Mongolia, Sudan, and Syria and to remove Albania, 
Bulgaria, Kampuchea, Outer Mongolia, and Romania. The final rule also 
removes the proscription on import of defense articles, and technical 
data relating to defense articles, from South Africa and provides 
examples of countries with respect to which the United States maintains 
an arms embargo.
EFFECTIVE DATE: September 15, 1995.
FOR FURTHER INFORMATION CONTACT: Larry White, Coordinator, Firearms and 
Explosives Imports Branch, Bureau of Alcohol, Tobacco and Firearms, 650 
Massachusetts Avenue NW., Washington, DC 20226, (202) 927-8230.

SUPPLEMENTARY INFORMATION: The Arms Export Control Act of 1976, 22 
U.S.C. 2278, gives the President of the United States the authority to 
control the import and export of defense articles and defense services.
    Executive Order 11958 of January 18, 1977, as amended (42 FR 4311), 
delegated authority to control exports of defense articles and defense 
services to the Secretary of State. The Executive Order also delegated 
to the Secretary of the Treasury the authority to control the import of 
such articles and services. However, as stated in 27 CFR 47.55, ATF is 
guided by the views of the Departments of State and Defense on matters 
affecting world peace and the external security and foreign policy of 
the United States. After consulting these Departments, the Bureau of 
Alcohol, Tobacco and Firearms (ATF) is revising the provisions of 27 
CFR part 47 to conform to the recommendation of the Department of 
State.
    On August 23, 1994, the Department of State recommended that ATF 
formally add Iran, Iraq, Libya, Mongolia, Sudan and Syria to the list 
in 27 CFR 47.52(a) of countries from which the import of defense 
articles into the United States is proscribed. The Department of State 
also recommended that ATF remove Albania, Bulgaria, Kampuchea, Outer 
Mongolia, and Romania from the list of proscribed countries in 
Sec. 47.52(a).
    In addition, the Department of State advised ATF of the publication 
of a final rule on August 17, 1994 (59 FR 42158) amending the 
International Traffic in Arms Regulations to state 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 South Africa. This final rule amends the 
regulations in part 47 to reflect this change.
    Finally, pursuant to the Department of State's request, ATF is 
amending the regulations to provide examples of countries with which 
the United States maintains an arms embargo.

Executive Order 12866

    Because the amendments to 27 CFR part 47 involve a foreign affairs 
function of the United States, Executive Order 12866 does not apply.

Administrative Procedure Act

    Under 27 CFR 47.54, amendments made to 27 CFR part 47 are excluded 
from the rulemaking provisions of 5 U.S.C. 553 because this Part 
involves a foreign affairs function of the United States. Accordingly, 
it is not necessary to issue this Treasury Decision with notice and 
public procedure thereon under 5 U.S.C. 553(b) or subject to the 
effective date limitations in 5 U.S.C. 553(d).
Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act relating to an 
initial and final regulatory flexibility analysis are not applicable to 
this final rule because the agency was not required to publish a 
general notice of proposed rulemaking under 5 U.S.C. 553 or any other 
law.

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1980, Public Law 
96-511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR 
part 1320, do not apply to this final rule because there are no 
reporting or recordkeeping requirements.

Drafting Information

    The principal author of this document is Angela Shanks, Technical 
Aide, Regulations Branch, Bureau of Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 47

    Administrative practice and procedure, Arms control, Arms and 
munitions, Authority delegation, Chemicals, Customs duties and 
inspection, Imports, Penalties, Reporting and recordkeeping 
requirements, Scientific equipment, Seizures and forfeitures.

Authority and Issuance

    Title 27, Code of Federal Regulations, part 47, Importation of 
Arms, Ammunition and Implements of War, is amended as follows:
    Paragraph 1. The authority citation for part 47 continues to read 
as follows:

    Authority: 22 U.S.C. 2778.

    Par. 2. Section 47.52 is amended by revising paragraph (a), by 
removing paragraph (c), by redesignating paragraphs (d) and (e) as 
paragraphs (c) and (d), and by revising the first sentence in the 
redesignated paragraph (d) to read as follows:


Sec. 47.52  Import restrictions applicable to certain countries.

    (a) It is the policy of the United States to deny licenses and 
other approvals with respect to defense articles and defense services 
originating in certain countries or areas. This policy applies to Cuba, 
Iran, Iraq, Libya, Mongolia, North Korea, Sudan, Syria, Vietnam and the 
States that comprise the former Soviet Union (Armenia, Azerbaijan, 
Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, 
Turkmenistan, Ukraine, and Uzbekistan). This policy applies to 
countries or areas with respect to which the United States maintains an 
arms embargo (e.g., Burma, China, Haiti, Liberia, Rwanda, Somalia, 
Sudan, UNITA (Angola), the former Yugoslavia, Zaire). It also applies 
when an import would not be in furtherance of world 

[[Page 47867]]
peace and the security and foreign policy of the United States.
* * * * *
    (d) Applicants desiring to import articles claimed to meet the 
criteria specified in paragraph (c) of this section shall explain, and 
certify to, how the firearms meet the criteria. * * *

    Signed: August 4, 1995.
Daniel R. Black,
Acting Director.

    Approved: August 14, 1995.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 95-22942 Filed 9-14-95; 8:45 am]
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