[Federal Register Volume 69, Number 31 (Tuesday, February 17, 2004)]
[Rules and Regulations]
[Pages 7349-7350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3383]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice 4625]
RIN 1400-ZA08


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) by modifying the denial policy regarding the Democratic Republic 
of the Congo (DRC).

EFFECTIVE DATE: February 17, 2004.

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, DRC, 
12th Floor, SA-1, Washington, DC 20522-0112. Comments will be accepted 
at any time.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Sweeney, Office of Defense 
Trade Controls Management, Department of State, Telephone (202) 663-
2700 or FAX (202) 261-8199.

SUPPLEMENTARY INFORMATION: On April 29, 1993, the Department imposed a 
suspension and denial policy for all licenses and other approvals to 
export or otherwise transfer defense articles or defense services to 
Zaire (currently the DRC) (58 FR 26024, April 29, 1993). That action 
was taken in response to the violence and death fueled by the regime of 
President Mobutu. Zaire was added to the proscribed destination list at 
section 126.1 of the ITAR on July 22, 1993 (58 FR 39312, July 22, 
1993).
    UN Security Council Resolution 1493 (July 28, 2003) imposed an arms 
embargo on all foreign and Congolese armed groups and militias 
operating in the territory of North and South Kivu and of Ituri, and to 
groups not party to the Global and All-Inclusive Agreement, in the DRC. 
The resolution qualified that those measures shall not apply to:

    --Supplies to United Nations Organization Mission in the Democratic

[[Page 7350]]

Republic of the Congo (MONUC), the Interim Emergency Multinational 
Force deployed in Bunia and the integrated Congolese national army and 
police forces;
    --Supplies of non-lethal military equipment intended solely for 
humanitarian or protective use, and related technical assistance and 
training as notified in advance to the Secretary-General through its 
Special Representative.

    This amendment adds a new paragraph (i) at section 126.1 of the 
ITAR that modifies the policy to deny licenses, other approvals, 
exports and imports of defense articles and defense services, destined 
for or originating in the DRC. Consistent with UN Security Council 
Resolution 1493, a denial policy will remain for exports or imports of 
defense articles and defense services destined for or originating in 
the Democratic Republic of the Congo except, on a case-by-case basis, 
for (1) non-lethal equipment and training (lethal and non-lethal) to 
the MONUC, and the transitional National Unity Government of the 
Democratic Republic of the Congo, and the integrated Congolese national 
army and police forces; and (2) humanitarian or protective use, and 
related assistance and training as notified in advance to the UN.
    Mirroring UN Security Council Resolution 1493, the amendment also 
imposes an arms embargo on certain groups operating in the territory of 
North and South Kivu and Ituri in the DRC and with respect to DRC 
groups not party to the Global and All-Inclusive Agreement.

Regulatory Analysis and Notices

    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. 533 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, it 
is determined that this rule does not have sufficient federalism 
implications to warrant application of the consultation provisions of 
Executive Order Nos. 12372 and 13132.

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. 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 (i) 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 
and other approvals for 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, and Sudan) 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.
* * * * *
    (i) Democratic Republic of the Congo. It is the policy of the 
United States to deny licenses, other approvals, exports or imports of 
defense articles and defense services destined for or originating in 
the Democratic Republic of the Congo except for non-lethal equipment 
and training (lethal and non-lethal) to the United Nations Organization 
Mission in the Democratic Republic of the Congo (MONUC), and the 
transitional National Unity Government of the Democratic Republic of 
the Congo, and the integrated Congolese national army and police 
forces, and humanitarian or protective use, and related assistance and 
training as notified in advance to the UN. An arms embargo exists with 
respect to all foreign and Congolese armed groups and militias 
operating in the territory of North and South Kivu and of Ituri, and to 
groups not party to the Global and All-inclusive Agreement, in the 
Democratic Republic of the Congo.

    Dated: January 15, 2004.
John R. Bolton,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 04-3383 Filed 2-13-04; 8:45 am]
BILLING CODE 4710-25-P