[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Rules and Regulations]
[Pages 58496-58498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16386]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 5570]


Amendment to the International Traffic in Arms Regulations: 
Partial Lifting of Arms Embargo Against Haiti

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations to reflect

[[Page 58497]]

modifications to the U.S. arms embargo against Haiti. The embargo is 
revised to permit exports of defense articles and services that are 
destined for security units under the command of the Government of 
Haiti, or under the command of the United Nations (UN) and UN-
authorized missions, and to allow exports of personal protective 
clothing, including flak jackets and helmets, for use by personnel from 
the United Nations and other international organizations, 
representatives of the media, and development workers and associated 
personnel.

EFFECTIVE DATE: October 4, 2006.

ADDRESSES: Interested parties may submit comments at any time by any of 
the following methods:
     E-mail: [email protected] with an appropriate 
subject line.
     Mail: 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.
     Fax: 202-261-8199.
     Hand Delivery or Courier (regular work hours only): 
Department of State, Directorate of Defense Trade Controls, Office of 
Defense Trade Controls Policy, ATTENTION: Regulatory Change, SA-1, 12th 
Floor, 2401 E Street, NW., Washington, DC 20037.
    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. Comments will be accepted at any time.

FOR FURTHER INFORMATION CONTACT: Ann Ganzer, Office of Defense Trade 
Controls Policy, Department of State, 12th Floor, SA-1, Washington DC 
20522-0112; Telephone 202-663-2792 or FAX 202-261-8199; e-mail: 
[email protected]. ATTN: Regulatory Change.

SUPPLEMENTARY INFORMATION: On October 9, 1991 the United States 
suspended all previously issued license and approvals authorizing the 
export of or other transfers of defense articles and services to Haiti, 
and instituted a policy of denial for future applications for licenses 
and other approvals to export or otherwise transfer defense articles 
and services to Haiti. This step was taken after the overthrow by the 
Haitian military of the democratically elected government of Haiti. In 
1993 the United Nations Security Council imposed an arms embargo 
against Haiti, and on April 4, 1994 Section 126.1(a) of the 
International Traffic in Arms Regulations was amended to list Haiti as 
a country subject to United States embargo. The United Nations lifted 
its embargo in 1994 but the United States embargo was maintained for 
foreign policy reasons.
    In view of developments in Haiti, to include the inauguration of a 
democratically elected president, the U.S. embargo is being revised to 
permit exports of defense articles and services that are destined for 
security units under the command of the Government of Haiti, or under 
the command of the United Nations (UN) and UN-authorized missions, as 
well as exports of personal protective clothing, including flak jackets 
and helmets, for use by personnel from the United Nations and other 
international organizations, representatives of the media, and 
development workers and associated personnel.
    The Department of State is amending the International Traffic in 
Arms Regulations by removing Haiti from the list of countries 
identified as subject to a United States arms embargo at 22 CFR 
126.1(a) and by adding paragraph (j) to 22 CFR 126.1 to clarify the 
modifications to the policy regarding Haiti.

Regulatory Analysis and Notices

Administrative Procedure Act

    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.

Regulatory Flexibility Act

    This rule does not require analysis under the Regulatory 
Flexibility Act.

Unfunded Mandates Act of 1995

    This rule does not require analysis under the Unfunded Mandates 
Reform Act.

Small Business Regulatory Enforcement Fairness Act of 1996

    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.

Executive Orders 12372 and 13132

    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.

Executive Order 12866

    This amendment 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.

Paperwork Reduction Act

    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, 11958, 2791, and 2797); 22 U.S.C. 2778; 
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 126.1 is amended by revising paragraph (a) to read as 
follows and adding paragraph (j):


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, 
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.
* * * * *
    (j) Haiti. It is the policy of the United States to deny licenses, 
other approvals, exports or imports of defense articles

[[Page 58498]]

and defense services, destined for or originating in Haiti. A denial 
policy will remain for exports or imports of defense articles and 
defense services destined for or originating in Haiti except, on a 
case-by-case basis, for supplies of arms and related materials or 
technical training and assistance intended solely for the support of or 
use by security units that operate under the command of the Government 
of Haiti, supplies of arms and related materials for technical training 
and assistance intended solely for the support of or use by the United 
Nations or a United Nations-authorized mission, and personal protective 
clothing, including flak jackets and helmets, for use by personnel from 
the United Nations and other international organizations, 
representatives of the media, and development workers and associated 
personnel. All shipments of arms and related materials consistent with 
such exemptions shall only be made to Haitian security units as 
designated by the Government of Haiti, in coordination with the U.S. 
Government.

    Dated: August 31, 2006.
Robert G. Joseph,
Under Secretary for Arms Control and International Security, Department 
of State.
 [FR Doc. E6-16386 Filed 10-3-06; 8:45 am]
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