[Federal Register Volume 69, Number 127 (Friday, July 2, 2004)]
[Rules and Regulations]
[Pages 40313-40314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15097]


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DEPARTMENT OF STATE

22 CFR Parts 121 and 123

[Public Notice 4754]
Z-RIN 1400-ZA-11


Amendment to the International Traffic in Arms Regulations: 
United States Munitions List and Part 123

AGENCY: Department of State.

ACTION: Final Rule.

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SUMMARY. The Department of State, in consultation with the Departments 
of Defense and Commerce, is amending the text of Category XIV of the 
United States Munitions List (USML) as published in the Federal 
Register on November 27, 2002 to clarify the continuity of coverage for 
equipment and its

[[Page 40314]]

components, parts, accessories, and attachments specifically designed 
or modified for military operations and compatibility with military 
equipment and employed for the dissemination, dispersion or testing of 
agents controlled by the category.
    In addition, to reflect the March 29, 2004 accession to the North 
Atlantic Treaty Organization (NATO) of seven European countries, 
section 123.27 of the International traffic in Arms Regulations (ITAR) 
is being amended to add Bulgaria, Estonia, Latvia, Lithuania, Romania, 
Slovakia, and Slovenia.

DATES: Effective: July 2, 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 Policy, ATTN: Regulatory Change, USML Part 
121, Category XIV, 12th Floor, SA-1, Washington DC 20522-0112. E-mail 
comments may be sent to: [email protected]. Comments will be 
accepted at any time. Persons with access to the Internet may also view 
this notice by going to the regulations.gov Web site at: http://www.regulations.gov/index.cfm.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Tomchik, Office of Defense 
Trade Controls Policy, Department of State, Telephone (202) 663-2799 or 
FAX (202) 261-8199. ATTN: Regulatory Change, USML Part 121, Category 
XIV.

SUPPLEMENTARY INFORMATION:
    1. Category XIV. Since the publication on November 27, 2002 (67 FR 
70839) of the revision to this category of the USML (22 CFR Part 121), 
questions have arisen regarding continuity of coverage for equipment 
and its components, parts, accessories, and attachments specifically 
designed or modified for military operations and compatibility with 
military equipment and employed for the dissemination, dispersion, or 
testing of agents controlled by the category. The text published on 
November 27 could be misconstrued as a diminution in the scope of 
controls for such equipment. To clarify that coverage under the USML 
for such equipment was and remains continuous, paragraph (f)(1) is 
amended to specify that the control embraces the tear gases and riot 
control agents specified in paragraph (d) and the defoliants specified 
in paragraph (e) of Category XIV.
    2. Section 123. On March 29, 2004 seven European countries 
deposited in Washington, DC the instruments of accession by which those 
countries became formal members of the North Atlantic Treaty 
Organization (NATO). The seven countries in question are Bulgaria, 
Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia. 
Accordingly, ITAR section 123.27 (22 CFR 123.27) is being amended to 
add these countries to the enumerated list of NATO allies of the United 
States.

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. 553 and 554. It is exempt from review under Executive Order 
12866 but has been reviewed internally by the Department of State 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 
consultation provisions of Executive Orders 12372 and 13132.

List of Subjects in 22 CFR Parts 121 and 123

    Arms and munitions, Exports.

0
Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, Parts 121 and 123 are amended as follows:

PART 121--THE UNITED STATES MUNITIONS LIST

0
1. The authority citation for Part 121 continues to read as follows:


    Authority: Sec. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2278, 2797); E.O. 11958, 42 FR 4311; 3 CFR 1977 Comp. 
p. 79; 22 U.S.C. 2658; Pub. L. 105-261, 112 Stat. 1920.


0
2. In Sec.  121.1, Category XIV--Toxicological Agents, Including 
Chemical Agents, Biological Agents, and Associated Equipment is amended 
by revising paragraphs (f) introductory text and (f)(1) to read as 
follows:


Sec.  121.1  General. The United States Munitions List.

* * * * *

Category XIV--Toxicological Agents, Including Chemical Agents, 
Biological Agents, and Associated Equipment

* * * * *
    *(f) Equipment and its components, parts, accessories, and 
attachments specifically designed or modified for military operations 
and compatibility with military equipment as follows:
    (1) The dissemination, dispersion or testing of the chemical 
agents, biological agents, tear gases and riot control agents, and 
defoliants listed in paragraphs (a), (b), (d), and (e), respectively, 
of this category;
* * * * *

PART 123--LICENSES FOR THE EXPORT OF DEFENSE ARTICLES

0
3. The authority citation for part 123 continues to read as follows:

    Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, and 2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 
4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2658; Pub. L. 105-261, 112 
Stat. 1920.


0
4. Section 123.27 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  123.27  Special licensing regime for export to U.S. allies of 
commercial communications satellite components, systems, parts, 
accessories, attachments and associated technical data.

    (a) * * *
    (1) The proposed exports or re-exports concern exclusively one or 
more countries of the North Atlantic Treaty Organization (Belgium, 
Bulgaria, Canada, Czech Republic, Denmark, Estonia, France, Germany, 
Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, The 
Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, 
Spain, Turkey, United Kingdom, and the United States) and/or one or 
more countries which have been designated in accordance with section 
517 of the Foreign Assistance Act of 1961 as a major non-NATO ally (and 
as defined further in section 644(q) of that Act) for purposes of that 
Act and the Arms Export Control Act (Argentina, Australia, Bahrain, 
Egypt, Israel, Japan, Jordan, Kuwait, New Zealand, the Philippines, 
Thailand, and the Republic of Korea).
* * * * *

    Dated: June 14, 2004.
John R. Bolton,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 04-15097 Filed 7-1-04; 8:45 am]
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