[Federal Register Volume 69, Number 14 (Thursday, January 22, 2004)]
[Rules and Regulations]
[Pages 3004-3005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1280]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 732, 738, 740 and 746

[Docket No. 031219324-3324-01]
RIN 0694-AC86


Lifting of U.N. Sanctions Against UNITA

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the Export Administration Regulations (EAR) 
by removing from the EAR references to sanctions on Angola administered 
by the Department of the Treasury's Office of Foreign Assets Control 
(OFAC). In response to United Nations Security Council (UNSC) 
resolutions regarding the conflict in Angola, the President, by 
Executive Order, directed the Department of the Treasury to maintain 
sanctions on the National Union for the Total Independence of Angola 
(UNITA). On December 9, 2002, the UNSC terminated the sanctions 
previously imposed on UNITA. On May 6, 2003, consistent with the UNSC 
action, the President terminated the relevant Executive Orders, 
effectively ending U.S. sanctions. This rule amends the EAR to remove 
certain references to the sanctions which had been maintained by OFAC 
with respect to UNITA.

DATES: This rule is effective January 22, 2004.

FOR FURTHER INFORMATION CONTACT: Joan Roberts, Director, Foreign Policy 
Controls Division, Office of Strategic Trade and Foreign Policy 
Controls, Bureau of Industry and Security, Department of Commerce, 
Telephone: (202) 482-4252, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Consistent with UNSC Resolution 864 (September 15, 1993) and 
subsequent related resolutions, and under the authority of the 
International Emergency Economic Powers Act (IEEPA), the National 
Emergencies Act, and section 5 of the United Nations Participation Act 
of 1945 (UNPA), the President issued Executive Orders 12865 (September 
26, 1993), 13069 (December 12, 1997), and 13098 (August 18, 1998), 
imposing sanctions on UNITA (as defined therein) and Angola. 
Specifically, the Department of the Treasury was directed to maintain 
certain sanctions on UNITA, a task that it delegated to OFAC. OFAC 
implemented this mandate by issuing and amending the UNITA (Angola) 
Sanctions Regulations, set forth at Title 31, Part 590 of the Code of 
Federal Regulations. These provisions block all property within the 
possession or control of a U.S. person in which UNITA or its senior 
officials have an interest. They also prohibit the unauthorized 
exportation by U.S. persons of mining equipment, arms and related 
material of all types, petroleum and petroleum products, aircraft or 
aircraft components, and motorized vehicles or watercraft and spare 
parts for such items, to the territory of Angola, other than through 
approved points of entry designated by the Department of the Treasury.
    On December 9, 2002, based on certain steps taken to resolve the 
conflict in Angola, the UNSC issued Resolution 1448, terminating the 
sanctions measures imposed on UNITA based on UNSC Resolutions 864, 1127 
(August 28, 1997), 1130 (September 29, 1997), 1173 (June 12, 1998), and 
1176 (June 24, 1998). On May 6, 2003, consistent with this UNSC action, 
the President issued Executive Order 13298, which revoked Executive 
Orders 12865, 13069 and 13098, and terminated U.S. sanctions imposed on 
UNITA and Angola.
    Consistent with these actions, the Bureau of Industry and Security 
(BIS) is making certain changes to the EAR. Specifically, BIS is 
removing references to the measures imposed by OFAC on UNITA from parts 
732, 738, 740 and 746 of the EAR.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information, subject to the 
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid Office of Management and Budget (OMB) Control Number. This rule 
involves collections of information subject to the PRA. These 
collections have been approved by OMB under control number 0694-0088, 
``Multi-Purpose Application,'' which carries a burden hour estimate of 
40 minutes to prepare and submit electronically and 45 minutes to 
submit manually form BIS-748P. Send comments regarding these burden 
estimates or any other aspect of these collections of information, 
including suggestions for reducing the burden, to OMB Desk Officer, New 
Executive Office Building, Washington, DC 20503; and to the Regulatory 
Policy Division, Bureau of Industry and Security, Department of 
Commerce, P.O. Box 273, Washington, DC 20044.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military and foreign affairs 
function of the United States (Sec. 5 U.S.C. 553 (a)(1)). Further, no 
other law requires that a notice of proposed rulemaking and an 
opportunity for public comment be given for this final rule. Because a 
notice of proposed rulemaking and an opportunity for public comment are 
not required to be given for this rule under 5 U.S.C. 553 or by any 
other law, the analytical requirements of the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, this 
regulation is issued in final form. Although there is no public comment 
period, public comments on this regulation are welcome on a continuing 
basis. Comments should be submitted to Sheila Quarterman, Regulatory 
Policy Division, Bureau of Industry and Security, Department of 
Commerce, P.O. Box 273, Washington, DC 20044.

[[Page 3005]]

List of Subjects

15 CFR Part 732 and 740

    Administrative practice and procedure, Exports, Foreign trade, 
Reporting and recordkeeping requirements.

15 CFR Part 738

    Exports, Foreign trade.

15 CFR Part 746

    Embargoes, Exports, Foreign trade, Reporting and recordkeeping 
requirements.

PART 732--[AMENDED]

0
1. The authority citation for Part 732 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2003, 68 FR 
47833, August 11, 2003.


Sec.  732.3  [Amended]

0
2. Section 732.3 is amended by revising the phrase ``For Angola and 
Rwanda'' in paragraph (d)(4) to read ``For Rwanda''.

PART 738--[AMENDED]

0
3. The authority citation for Part 738 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 
287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. 
app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec. 
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of 
August 7, 2003, 68 FR 47833, August 11, 2003.

Supplement No. 1 to Part 738--[Amended]

0
4. Supplement No. 1 to Part 738 is amended by removing the footnote 
notation ``1'' from the entry for ``Angola''.

PART 740--[AMENDED]

0
5. The authority citation for Part 740 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996 
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; 
Notice of August 7, 2003, 68 FR 47833, August 11, 2003.


0
6. Supplement No. 1 to Part 740 is amended:
0
a. By removing Angola from Country Group D; and
0
b. By revising the footnote section for Country Group E to read as 
follows:

Supplement No. 1 to Part 740

* * * * *
Country Group E
* * * * *
    \1\In addition to the controls maintained by the Bureau of 
Industry and Security pursuant to the EAR, note that the Department 
of the Treasury administers:
    (a) A comprehensive embargo against Cuba, Iran, Iraq, Libya, and 
Sudan; and
    (b) An embargo against certain persons, e.g., Specially 
Designated Terrorists (SDT), Foreign Terrorist Organizations (FTO), 
Specially Designated Global Terrorists (SDGT), and Specially 
Designated Narcotics Traffickers (SDNT). Please see part 744 of the 
EAR for controls maintained by the Bureau of Industry and Security 
on these and other persons.

PART 746--[AMENDED]

0
7. The authority citation for Part 746 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 287c; 22 U.S.C. 6004; Sec. 901-911, Pub. L. 106-387; Sec. 
221, Pub. L. 107-56; E.O. 12854, 58 FR 36587, 3 CFR 1993 Comp., p. 
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 
3 CFR, 2001 Comp., p. 783; Notice of August 7, 2003, 68 FR 47833, 
August 11, 2003.


0
8. Part 746 is amended:
0
a. By removing paragraph (d) from Sec.  746.1; and
0
b. By removing and reserving Supplement No. 1 to Part 746.

    Dated: January 9, 2004.
Peter Lichtenbaum,
Assistant Secretary for Export Administration.
[FR Doc. 04-1280 Filed 1-21-04; 8:45 am]
BILLING CODE 3510-33-P