[Federal Register Volume 67, Number 127 (Tuesday, July 2, 2002)]
[Rules and Regulations]
[Page 44352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16504]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice 4057]


Bureau of Political-Military Affairs: Amendment to the List of 
Proscribed Destinations in the International Traffic in Arms 
Regulations

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This rule amends the International Traffic in Arms Regulations 
(ITAR) by modifying the policy regarding Afghanistan on the list of 
proscribed destinations for exports and sales. This action is being 
taken in the interests of foreign policy and national security pursuant 
to section 38 of the Arms Export Control Act.

EFFECTIVE DATE: July 2, 2002.

FOR FURTHER INFORMATION CONTACT: Mary Sweeney, Office of Defense Trade 
Controls, Bureau of Political-Military Affairs, Department of State 
(202) 663-2700.

SUPPLEMENTARY INFORMATION: Afghanistan was added to the list of 
proscribed destinations at Sec. 126.1(a) of the ITAR in the Federal 
Register publication of June 27, 1996 (61 FR 33313). In the Federal 
Register publication of May 8, 2001 (66 FR 23310) a denial policy 
notice was published regarding the territories of Afghanistan under 
Taliban control in implementation of UN Security Council Resolution 
1333 (2000). UN Security Council Resolution 1390 (2002) replaced 
Resolution 1333 (2000), which had expired.
    The Department of State is amending the ITAR to modify the denial 
policy regarding Afghanistan. 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 Afghanistan except 
for the Government of Afghanistan (currently the Afghan Interim 
Authority or AIA) and the International Security Assistance Force 
(ISAF). Further, lists of persons subject to an arms embargo due to 
their affiliation with the Taliban, Usama bin Laden, Al-Qaida and their 
associates will continue to be published in a separate notice or 
notices. This action is being taken in the interests of foreign policy 
and national security pursuant to section 38 of the Arms Export Control 
Act. Requests for licenses or other approvals for the Government of 
Afghanistan and ISAF involving items covered by the U.S. Munitions List 
(22 CFR Part 121) will be reviewed on a case-by-case basis.
    This amendment involves a foreign affairs function of the United 
States and, therefore, is not subject to the procedures required by 5 
U.S.C. 553 and 554. It is exempt from review under Executive Order 
12866 but has been reviewed internally by the Department to ensure 
consistency with the purposes thereof. This rule does not require 
analysis under the Regulatory Flexibility Act or the Unfunded Mandates 
Reform Act. It has been found not to be a major rule within the meaning 
of the Small Business Regulatory Enforcement Act of 1966. It will not 
have substantial direct effects on the States, 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 section 6 of Executive Order 13132, it is determined 
that this rule does not have sufficient federalism implications to 
warrant application of Executive Orders 12372 and 13123. However, 
interested parties are invited to submit written comments to the 
Department of State, Office of Defense Trade Controls, ATTN: Regulatory 
Change, Afghanistan, 2401 E. Street, NW., 12th Floor, H1200, 
Washington, DC 20522-0112. Such persons must be so registered with the 
Department's Office of Defense Trade Controls (DTC) pursuant to the 
registration requirements of section 38 of the Arms Export Control Act.

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:

PART 126--GENERAL POLICIES AND PROVISIONS

    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); 22 U.S.C. 2778; 
E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C. 2658; 22 
U.S.C. 287c; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899.


    2. Section 126.1 is amended by revising paragraph (a) and adding 
paragraph (g) to read 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 Belarus, Cuba, Iran, Iraq, Libya, North Korea, 
Syria, 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 and Democratic Republic 
of the Congo (formerly Zaire)) or whenever an export would not 
otherwise be in furtherance of world peace and the security and foreign 
policy of the United States. Information regarding certain other 
embargoes appears elsewhere in this section. 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, areas, or persons in this 
Sec. 126.1.
* * * * *
    (g) Afghanistan. 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 Afghanistan except for 
the Government of Afghanistan (currently the Afghan Interim Authority) 
and the International Security Assistance Force, which will be reviewed 
on a case-by-case basis. In addition, lists of persons subject to a 
broad prohibition, including an arms embargo, due to their affiliation 
with the Taliban, Usama bin Laden, Al-Qaida or those associated with 
them will continue to be published from time to time.

    Dated: June 3, 2002.
John R. Bolton,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 02-16504 Filed 7-1-02; 8:45 am]
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