[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Rules and Regulations]
[Pages 50966-50967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17122]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 5177]
RIN: 1400-ZA18


Amendment to the International Traffic in Arms Regulations: 
Section 126.1(i)

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) at 22 CFR 126.1. This action is taken in accordance 
with UN Security Council Resolution (UNSCR) 1596, unanimously adopted 
on April 18, 2005, which imposed a nation-wide embargo on arms sales or 
transfers to any recipient in the DRC. It represents an expansion of 
the policy issued under UNSCR 1493, which on July 28, 2003, imposed an 
embargo on the sale of arms, related materials, and defense services in 
the provinces of North and South Kivu and the Ituri District in the 
DRC.

DATES: Effective Date: This rule is effective on August 29, 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, Part 126, 
12th Floor, SA-1, Washington, DC 20522-0112. E-mail comments may be 
sent to [email protected] with the subject line: Part 126. 
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: James Juraska, Office of Defense Trade 
Controls Policy, Bureau of Political-Military Affairs, Department of 
State 202-663-2860.

SUPPLEMENTARY INFORMATION: On April 18, 2005, the United Nations 
Security Council voted unanimously on UN Security Council Resolution 
(UNSCR) 1596 to expand the embargo of UNSCR 1493 (2003) on the export 
of arms and related material, as well as defense services, to the 
Democratic Republic of the Congo (DRC). Additionally, Resolution 1596 
imposed a travel ban and an asset freeze on those who violate the 
expanded arms embargo, and mandated governments in the region to 
implement measures to monitor aircraft. This final rule amends Section 
126.1(i) of the ITAR, 22 CFR 126.1(i), which details the export and 
sales policy of the United States with respect to the Democratic 
Republic of the Congo, to reflect the United Nations Security Council's 
expanded mandate. This amendment to Section 126.1(i) becomes effective 
upon publication in the Federal Register. Please note that, as of April 
18, 2005 (prior to the effective date of this final rule), the 
substance of the measures set forth in UNSCR 1596 entered into effect 
in accordance with another provision of the ITAR, (Section 126.1(c)), 
22 CFR 126.1(c).
    It is the policy of the U.S. Government to deny all applications 
for licenses and other approvals and to suspend all existing licenses 
and authorizations to export or otherwise transfer defense articles and 
defense services to any geographic region in the Democratic Republic of 
the Congo (DRC) except under the circumstances specified below.
    UNSCR 1596 established several exemptions under which the embargo 
would not apply, namely:
    (a) Supplies of arms and related materials or technical training 
and assistance intended solely for the support of or use by units of 
the army or police of the DRC that operate under the command of the 
etat-major integre, have completed the process of integration (if 
operating in the provinces of North or South Kivu or the Ituri 
district), or are in the process of integration (if operating elsewhere 
in the DRC),
    (b) Supplies of arms and related materials or technical training 
and assistance intended solely for the support of or use by the United 
Nations Organization Mission in the Democratic Republic of the Congo 
(MONUC), and
    (c) Supplies of non-lethal military equipment and related technical 
assistance and training intended solely for humanitarian or protective 
use, as notified in advance to the DRC Committee in accordance with 
paragraph 8 (e) of Resolution 1533 (2004).
    All future shipments of arms and related materials consistent with 
such exemptions noted in subparagraph (a) above shall only be made to 
receiving sites as designated by the Government of National Unity and 
Transition, in coordination with the United Nations Organization 
Mission in the Democratic Republic of the Congo (MONUC), and notified 
in advance to the DRC Committee.
    As previously noted on the Directorate of Defense Trade Controls 
Web site, http://www.pmdtc.org, effective April 18, 2005, no 
application for the export to the DRC of defense articles or services 
covered by the ITAR will be approved. Exceptions to this policy will be 
made (in accordance with the ITAR) on a case-by-case basis for proposed 
exports that conform to the conditions specified in (a) through (c) 
above. Any existing license for authorization for the export to any 
geographic region of the DRC of ITAR-controlled defense articles or 
services is suspended as of April 18, 2005. Holders of existing 
licenses and authorizations for such exports to the DRC who wish to 
request lifting of the suspension must submit documentation in support 
of an exception for review by the Directorate of Defense Trade Controls 
(DDTC).

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 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 Fairness Act of 1996. It 
will not have substantial direct effects on the States, the 
relationship

[[Page 50967]]

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. 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, Public Law 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, 
Public Law 108-375.

0
2. Section 126.1 is amended by revising paragraph (i) to read as 
follows:


Sec.  126.1  Prohibited exports and sales to certain countries.

* * * * *
    (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), the 
transitional National Unity Government of the Democratic Republic of 
the Congo and the integrated Congolese national army and police forces, 
such units operating under the command of the etat-major integre of the 
Congolese Armed Forces or National Police, and such units in the 
process of being integrated outside the provinces of North and South 
Kivu and the Ituri district; and non-lethal equipment for humanitarian 
or protective use, and related assistance and training, as notified in 
advance to the UN. An arms embargo exists with respect to any recipient 
in the Democratic Republic of the Congo.

Robert G. Joseph,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 05-17122 Filed 8-26-05; 8:45 am]
BILLING CODE 4710-25-P