[Federal Register Volume 68, Number 225 (Friday, November 21, 2003)]
[Rules and Regulations]
[Pages 65633-65634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29158]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice 4538]
RIN 1400-ZA04


Amendment to the International Traffic in Arms Regulations: 
Lifting of National Union for the Total Independence of Angola Embargo 
and Partial Lifting of Denial Policy Against Iraq

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This rule amends the International Traffic in Arms Regulations 
(ITAR) by removing Angola from the list of proscribed countries. Also, 
this rule partially lifts the denial policy regarding Iraq and removes 
Iraq as a country supporting acts of international terrorism.

DATES: November 21, 2003. Comments will be accepted at any time.

ADDRESSES: 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, Angola 
and Iraq, 12th Floor, SA-1, Washington, DC 20522-0112.

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 12865 
(September 26, 1993) giving domestic effect to United Nations Security 
Council Resolution (UNSCR) 864 (September 15, 1993). As a result of the 
National Union for the Total Independence of Angola's (UNITA) military 
actions, the situation in Angola constituted a threat to international 
peace and security. All license applications and other requests for 
approvals authorizing the export or transfer of defense articles or 
services to Angola already had been subjected to a presumption of 
denial for lethal articles by Federal Register notice of July 2, 1993. 
In accordance with UNSCR 864, all license applications and other 
requests for approval authorizing the export or transfer of defense 
articles or services to UNITA were then subjected to a denial policy by 
Federal Register notice of April 4, 1994. Effective April 4, 1994, 
section 126.1 of the ITAR was amended to add the embargo against UNITA.
    UNSCR 1448 of December 9, 2002, decided that the arms embargo 
imposed

[[Page 65634]]

by Resolution 864 (1993) shall cease to have effect. The President 
issued Executive Order 13298 of May 6, 2003, giving domestic effect to 
UNSCR 1448 and revoked Executive Order 12865. As a result, all license 
applications and other requests for approval authorizing the export or 
transfer of defense articles or services to Angola will be reviewed on 
a case-by-case basis, as is true of all other license applications.
    Executive Order 12722 of August 2, 1990, and Executive Order 12724 
of August 9, 1990, imposed an export embargo on Iraq. Also, Iraq was 
added to the proscribed destination list at section 126.1 of the ITAR 
on October 29, 1991, because it provided support for acts of 
international terrorism (56 FR 55630). Section 1503 of the Emergency 
Wartime Supplemental Appropriations Act 2003 (Pub. L. 108-11) (the Act) 
authorizes the President to suspend the Iraq Sanctions Act and to make 
inapplicable with respect to Iraq section 620A of the FAA and any other 
provision of law that applies to countries that have supported 
terrorism. Section 1504 of the Act authorized the export to Iraq of any 
nonlethal military equipment if the President determines and notifies 
within 5 days to applicable Congressional committees that the export of 
such nonlethal military equipment is in the national interest of the 
United States. However, this limitation regarding nonlethal military 
equipment does not apply for use by a reconstituted (or interim) Iraqi 
military or police force. Paragraph (d) of section 126.1 removes Iraq 
as a country identified as supporting acts of international terrorism 
in accordance with the ``Determination and Certification Under Section 
40A of the Arms Export Control Act'' (68 FR 28041, May 15, 2003). 
Further, paragraph (f) of section 126.1 is amended to address the 
partial lifting of the denial policy with regard to Iraq.
    Also, this rule will remove from Sec.  126.1(a) of the ITAR the use 
of an exemption Sec.  125.4(b)(13) for technical data approved for 
public release by the cognizant U.S. Government department or agency or 
Directorate for Freedom of Information and Security Review to be 
exported to a proscribed country without a license.
    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, 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.

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:

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 paragraphs (a), (d) and (f) 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, 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.  123.17 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.
* * * * *
    (d) Terrorism. Exports to countries which the Secretary of State 
has determined to have repeatedly provided support for acts of 
international terrorism are contrary to the foreign policy of the 
United States and are thus subject to the policy specified in paragraph 
(a) of this section and the requirements of section 40 of the Arms 
Export Control Act (22 U.S.C. 2780) and the Omnibus Diplomatic Security 
and Anti-Terrorism Act of 1986 (22 U.S.C. 4801, note). The countries in 
this category are: Cuba, Iran, Libya, North Korea, Sudan and Syria.
* * * * *
    (f) Iraq. 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 Iraq except for any nonlethal 
military equipment or lethal military equipment for use in support of a 
reconstituted (or interim) Iraqi military or police force required by 
the Coalition Provisional Authority in accordance with section 1504 of 
Public Law 108-11, Emergency Wartime Supplemental Appropriations Act, 
2003.
* * * * *

    Dated: October 11, 2003.
John R. Bolton,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 03-29158 Filed 11-20-03; 8:45 am]
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