[Federal Register Volume 68, Number 146 (Wednesday, July 30, 2003)]
[Rules and Regulations]
[Pages 44613-44614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17602]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice 4399]
RIN 1400-AB82


Bureau of Political-Military Affairs; Amendment to the 
International Traffic in Arms Regulations: Partial Lifting of Embargo 
Against Rwanda

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This rule amends the International Traffic in Arms Regulations 
(ITAR) by removing Rwanda from the list of embargoed country examples 
in 22 CFR 126.1(a). It further clarifies that a policy of denial will 
remain in place for any new license applications, requests for 
approval, exports or imports of defense articles or defense services 
destined for or originating in Rwanda other than by the Government of 
Rwanda.

EFFECTIVE DATE: July 30, 2003.

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

SUPPLEMENTARY INFORMATION: The President issued Executive Order 12918 
(May 26, 1994) implementing United Nations Security Council Resolution 
918 (May 17, 1994). Due to the civil strife in Rwanda, Resolution 918 
called upon all States to impose an embargo upon Rwanda. Consequently, 
all licenses and other approvals authorizing the export or transfer of 
defense articles or services to Rwanda were suspended, and a denial 
policy was imposed upon all new applications or other requests for such 
exports or transfers to Rwanda by Federal Register notice of June 2, 
1994. Effective August 17, 1994, section 126.1 of the ITAR was amended 
to add Rwanda to the exemplary list of embargoed countries.
    United Nations Security Council Resolution 1011 (August 16, 1995) 
lifted the arms embargo only with respect to the Government of Rwanda. 
That Resolution retained the restriction that all States ``* * * 
continue to prevent'' transfers of ``arms and related materiel of all 
types * * * to Rwanda, or to persons in the States neighboring Rwanda 
if such sale or supply is for the purpose of the use of such arms or 
materiel within Rwanda, other than to the Government of Rwanda * * *.''
    Accordingly, the policy of denial will remain in place for exports 
or other transfers of defense articles and defense services covered by 
section 38 of the Arms Export Control Act for use or originating in 
Rwanda other than by the Government of Rwanda. This action precludes 
the use in connection with non-governmental end-users in Rwanda of any 
exemptions from licensing or other approval requirements. Also, arms 
exports and transfers to or imports from Rwanda or neighboring States 
for use by the Government of Rwanda will continue to receive strict 
case-by-case review.
    To implement United Nations Security Council Resolution 1011, 
section 126.1(a) of the ITAR is amended and section 126.1(h) is added 
to set forth the policy of denial with respect to Rwanda except for the 
Government of Rwanda.
    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. Interested 
parties are invited to submit written comments to the Department of 
State, Directorate of Defense Trade Controls, Office of Defense Trade 
Controls Management, ATTN: Regulatory Change, Rwanda embargo, 12th 
Floor, SA-1, Washington, DC 20522-0112.

List of Subjects in 22 CFR Part 126

    Arms and munitions, Exports.


0
Accordingly, for the reasons set forth above, title 22, chapter I, 
subchapter M, part 126, is amended as follows:

[[Page 44614]]

PART 126--GENERAL POLICIES AND PROVISIONS

0
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.

0
2. Section 126.1 is amended by revising paragraph (a) and adding 
paragraph (h) 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, 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 Sec. Sec.  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.
* * * * *
    (h) Rwanda. 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 Rwanda except for the 
Government of Rwanda, which will be reviewed on a case-by-case basis. 
UN Security Council Resolution 1011 (1995) lifted the embargo only with 
respect to the Government of Rwanda.

    Dated: June 24, 2003.
John R. Bolton,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 03-17602 Filed 7-29-03; 8:45 am]
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