[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Rules and Regulations]
[Pages 7417-7418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2926]



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DEPARTMENT OF STATE

22 CFR Part 120

[Public Notice 4274]
RIN AB-62


Bureau of Political-Military Affairs; Amendment to 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) which implements section 38 of the Arms Export Control Act 
(AECA), that governs the import and export of defense articles and 
defense services. The rule reflects the changed authorities as a result 
of the realignment of the responsibilities for defense trade controls.

EFFECTIVE DATE: January 29, 2003.

FOR FURTHER INFORMATION CONTACT: Robert W. Maggi, Deputy Assistant 
Secretary and Managing Director of Defense Trade Controls, Bureau of 
Political-Military Affairs, Department of State(202) 663-2700 or 
Michael T. Dixon, Office of Defense Export Controls Management (202) 
663-2798; FAX (202) 261-8199.

SUPPLEMENTARY INFORMATION: Effective January 20, 2003, the Department 
of State will realign responsibilities for defense trade controls under 
section 38 of the AECA and the International Traffic in Arms 
Regulations, 22 CFR Parts 120-130 (``ITAR''). Section 120.1(a) of the 
ITAR is amended to replace ``Director of the Office of Defense Trade 
Controls'' with ``Deputy Assistant Secretary for Defense Trade Controls 
and Managing Director of Defense Trade Controls.'' Section 120.1, 
subparagraph (b) is amended by inserting ``(1)'' after ``(b)'' and by 
adding the new subparagraph ``(b)(2)'': and by adding a new 
subparagraph ``(b)(2)'' about the new Directorate of Defense Trade 
Controls and the positions of the Deputy Assistant Secretary for 
Defense Trade Controls (DAS-Defense Trade Controls); Managing Director 
of Defense Trade Controls (MD-Defense Trade Controls); Director, Office 
of Defense Trade Controls Management; Director, Office of Defense Trade 
Controls Licensing; Director, Office of Defense Trade Controls 
Compliance; and Director, Office of Defense Trade Controls Policy. 
Initially, one individual will hold both the DAS-Defense Trade Controls 
and MD-Defense Trade Controls positions. The position of Director of 
the Office of Defense Trade Controls is abolished.
    It is anticipated that further amendments to the ITAR will be 
promulgated in the near future to reflect these specific changes as a 
result of this realignment.
    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 1996. 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, 
it is determined that this rule does not have sufficient federalism 
implications to warrant application of the consultation provisions of 
Executive Order 12372 and 13132.

List of Subjects in 22 CFR Part 120

    Arms and munitions, Classified information, Exports.

    Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, Part 120, is being amended as follows:

PART 120--PURPOSE AND DEFINITIONS

    1. The authority citation for part 120 is revised to read as 
follows:

    Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2797); 22 U.S.C. 2794; E.O. 11958, 42 FR 4311, 3 
CFR, 1977 Comp. p. 79; 22 U.S.C. 2658; Pub. L. 105-261, 112 Stat. 
1920.


    2. Section 120.1(a) and (b) are revised to read as follows:


Sec.  120.1  General authorities and eligibility.

    (a) Section 38 of the Arms Export Control Act (22 U.S.C. 2778) 
authorizes the President to control the export and import of defense 
articles and defense services. The statutory authority of the President 
to promulgate regulations with respect to exports of defense articles 
and defense services was delegated to the Secretary of State by 
Executive Order 11958, as amended. This subchapter implements that 
authority. By virtue of delegations of authority by the Secretary of 
State, these regulations are primarily administered by the Deputy 
Assistant Secretary for Defense Trade Controls and Managing Director of 
Defense Trade Controls, Bureau of Political-Military Affairs.
    (b) (1) Authorized officials. All authorities conferred upon the 
Deputy Assistant Secretary for Defense Trade Controls or the Managing 
Director of Defense Trade Controls by this subchapter may be exercised 
at any time by the Under Secretary of State for Arms Control and 
International Security or the Assistant Secretary of State for 
Political-Military Affairs unless the Legal Adviser or the Assistant 
Legal Adviser for Political-Military Affairs of the Department of State 
determines that any specific exercise of this authority under this 
paragraph may be inappropriate.
    (2) In the Bureau of Political-Military Affairs, there is a Deputy 
Assistant Secretary for Defense Trade Controls (DAS-Defense Trade 
Controls) and a Managing Director of Defense Trade Controls (MD-Defense 
Trade Controls). One individual holds both the DAS-Defense Trade 
Controls and MD-Defense Trade Controls positions. The position of 
Director, Office of Defense Trade Controls is abolished. The DAS-
Defense Trade Controls/MD-Defense Trade Controls has assumed all 
duties, responsibilities, and authorities held under the ITAR by that 
Director. The MD-Defense Trade Controls has responsibility for the 
Directorate of Defense Trade Controls, which oversees the subordinate 
offices described in paragraph (b)(2)(i) of this section.
    (i) All references to the Office of Defense Trade Controls and the 
Director of the Office of Defense Trade Controls contained in the 
International Traffic in Arms Regulations (ITAR) shall be deemed to be 
references to:
    (A) The Office of Defense Trade Controls Management and the 
Director, Office of Defense Trade Controls Management, respectively, 
insofar as such references relate to management of defense trade 
controls operations; to include the exercise of general authorities in 
this part 120 and the design, development, and refinement of processes, 
activities, and functional tools for the export licensing regime and to 
effect export compliance/enforcement activities;
    (B) The Office of Defense Trade Controls Licensing and the 
Director, Office of Defense Trade Controls Licensing, respectively, 
insofar as such references relate to licensing or other authorization 
of defense trade, including references under parts 123, 124, 125, 126, 
129 and 130 of this subchapter, and the commodity jurisdiction 
procedure under this part 120;

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    (C) The Office of Defense Trade Controls Compliance and the 
Director, Office of Defense Trade Controls Compliance, respectively, 
insofar as such references relate to violations of law or regulation 
and compliance therewith, including references contained in parts 127, 
128 and 130, of this subchapter, and including references under part 
122 of this subchapter, and that portion under part 129 of this 
subchapter pertaining to registration;
    (D) The Office of Defense Trade Controls Policy and the Director, 
Office of Defense Trade Controls Policy, respectively, insofar as such 
references relate to the general policies of defense trade, including 
references under this part 120 and part 126 of this subchapter.
    (ii) Future amendments to the ITAR will be promulgated to reflect 
future realignment of responsibilities for defense trade controls.
* * * * *

    Dated: January 29, 2003.
John R. Bolton,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 03-2926 Filed 2-13-03; 8:45 am]
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