[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Rules and Regulations]
[Pages 39919-39920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13643]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice 5130]
RIN 1400-ZA17


Amendments to the International Traffic in Arms Regulations: Part 
126

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State is amending and/or clarifying the 
content of the International Traffic in Arms Regulations (ITAR). The 
affected part of the ITAR is: Part 126--Policies and Provisions. See 
Supplementary Information for a description of the changes and 
clarifications made.

EFFECTIVE DATE: July 12, 2005.

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, 12th Floor, 
SA-1, Washington, DC 20522-0112. E-mail comments may be sent to 
[email protected] with an appropriate subject line. Persons 
with access to the Internet may also view this notice by going to the 
regulations.gov Web site at: http://www.regulations.gov. Comments will 
be accepted at any time.

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 Sections 126.5 and 
126.15.

SUPPLEMENTARY INFORMATION: Two changes are made to the International 
Traffic in Arms Regulations (ITAR) Part 126--General Policies and 
Provisions. The first change affects 22 CFR 126.5. This section 
describes inter alia the modalities by which exporters, without a 
license issued by the Directorate of Defense Trade Controls (DDTC), may 
conduct permanent and temporary exports of defense articles to Canada, 
and temporary imports from Canada. These changes to 22 CFR 126.5 are 
designed to clarify for exporters the range of defense articles, 
related technical data, and defense services that will continue to 
require a license issued by the Directorate of Defense Trade Controls 
for export to or temporary import from Canada.
    The list of items excluded from the provisions of Section 126.5 is 
outlined in paragraph (b). That list is amended in the following ways: 
the text of 126.5(b)(12) is amended to reflect textual revisions to 
Category XIV of the U.S. Munitions List regarding chemical and 
biological agents. The body of chemical agents encompassed by 
126.5(b)(12) and previously controlled in a single paragraph of the 
Category now has been grouped by type and distributed into several 
distinct paragraphs. The text also clarifies but does not change the 
scope of biological agents controlled. Other changes are made to 
reflect the redesignation of paragraphs in the Category.
    The second change is a result of statutory direction. A new section 
of the ITAR implements Section 1225 of Public Law 108-375 regarding 
``Bilateral Exchanges and Trade in Defense Articles and Defense 
Services Between the United States and the United Kingdom and 
Australia.'' This section, to be designated 126.15, calls for the 
expeditious processing of license applications for the export of 
defense articles and services to Australia or the United Kingdom, 
consistent with national security and the requirements of the Arms 
Export Control Act (22 U.S.C. 2751 et seq.
    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. This amendment has 
been found not to be a major rule within the meaning of the Small 
Business Regulatory Enforcement Fairness 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 the consultation provisions of 
Executive Orders 12372 and 13132. This rule does not impose any new 
reporting or recordkeeping requirements subject to the Paperwork 
Reduction Act, 44 U.S.C. Chapter 35.

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); E.O. 11958, 42 FR 
4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2651a; 22 U.S.C. 287c; E.O. 
12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; Sec. 1225, Pub. L. 
108-375.

0
2. Section 126.5 is amended by revising paragraph (b)(12) to read as 
follows:


Sec.  126.5  Canadian exemptions.

* * * * *
    (b) * * *
    (12) Chemical agents listed in Category XIV (a), (d), and (e), 
biological agents and biologically derived substances in Category XIV 
(b), and equipment listed in Category XIV (f) for dissemination of the 
chemical agents and biological agents listed in Category XIV (a), (b), 
(d), and (e).
* * * * *

0
3. Section 126.15 is added to read as follows:


Sec.  126.15  Expedited processing of license applications for the 
export of defense articles and defense services to Australia or the 
United Kingdom.

    (a) Any application submitted for authorization of the export of 
defense articles or services to Australia or the United Kingdom will be 
expeditiously processed by the Department of State, in consultation 
with the Department of Defense. Such license applications will not be 
referred to any other Federal department or agency, except when the 
defense articles or defense services are classified or exceptional 
circumstances apply. (See section 1225, Pub. L. 108-375).
    (b) To be eligible for the expedited processing in paragraph (a) of 
this section, the destination of the prospective export must be limited 
to Australia or the United Kingdom. No

[[Page 39920]]

other country may be included as intermediary or ultimate end-user.

    Dated: June 23, 2005.
Robert G. Joseph,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 05-13643 Filed 7-11-05; 8:45 am]
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