[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Rules and Regulations]
[Pages 5614-5616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2034]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 5685]


Amendment of the International Traffic in Arms Regulations: 
Policy With Respect to Libya and Venezuela

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: Notice is hereby given that the United States is amending the 
International Traffic in Arms Regulations regarding Libya at 22 CFR 
126.1(a) and (d) to make it United States policy to deny licenses, 
other approvals, exports or imports of defense articles and defense 
services destined for or originating in Libya except, on a case-by-case 
basis for non-lethal defense articles and defense services, and non-
lethal safety-of-use defense articles (e.g., cartridge actuated 
devices, propellant actuated devices and technical manuals for military 
aircraft for purposes of enhancing the safety of the aircrew) as spare 
parts for lethal end-items. Further, the Department of State is adding 
Venezuela to 22 CFR 126.1(a) as a result of its designation as a 
country not cooperating fully with anti-terrorism efforts, and in 
conjunction with the August 17, 2006 [71 FR 47554]

[[Page 5615]]

announcement of a policy of denial of the export or transfer of defense 
articles to and revocation of existing authorizations for Venezuela.

EFFECTIVE DATE: This rule is effective February 7, 2007.

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.

FOR FURTHER INFORMATION CONTACT: Ann K. 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 June 30, the Secretary of State rescinded 
Libya's designation as a state sponsor of terrorism. This Notice 
establishes that 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 Libya except, on a 
case-by-case basis, for non-lethal defense articles and defense 
services and non-lethal safety-of-use defense articles (e.g., cartridge 
actuated devices, propellant actuated devices and technical manuals for 
military aircraft for purposes of enhancing the safety of the aircrew) 
as spare parts for lethal end-items. For non-lethal defense end-items, 
no distinction will be made between Libya's existing and new inventory.
    On May 8, 2006, the Secretary of State determined that five 
countries, Cuba, Iran, North Korea, Syria and Venezuela, are not 
cooperating fully with anti-terrorism efforts [71 FR 28897]. Section 
40A of the AECA prohibits the sale or licensing of defense articles and 
services to those on the list for a term of the fiscal year beginning 
October 1, 2006. In addition, on August 17, 2006 [71 FR 47554] the 
State Department announced a policy of denial of the export or transfer 
of defense articles to and revocation of existing authorizations for 
Venezuela.

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, CFR part 126 is 
amended to read 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 126.1 is amended by revising paragraphs (a) and (d) to read 
as follows and adding paragraph (k):


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, North Korea, Syria, 
Venezuela 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.
* * * * *
    (d) Terrorism. Exports to countries which the Secretary of State 
has determined to have repeatedly provided support for acts of 
international terrorism are contrary to the foreign policy of the 
United States and are thus subject to the policy specified in paragraph 
(a) of this section and the requirements of section 40 of the Arms 
Export Control Act (22 U.S.C. 2780) and the Omnibus Diplomatic Security 
and Anti-Terrorism Act of 1986 (22 U.S.C. 4801, note). The countries in 
this category are: Cuba, Iran, North Korea, Sudan and Syria.
* * * * *
    (k) Libya. It is the policy of the United Sates to deny licenses, 
other approvals, exports or imports of defense articles and defense 
services destined for or originating in Libya except, on a case-by-case 
basis, for:
    (1) Non-lethal defense articles and defense services,
    (2) Non-lethal safety-of-use defense articles (e.g., cartridge 
actuated devices, propellant actuated devices and technical manuals for 
military aircraft for purposes of enhancing the safety of

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the aircrew) as spare parts for lethal end-items.
    For non-lethal defense end-items, no distinction will be made 
between Libya's existing and new inventory.

    Dated: January 12, 2007.
Robert G. Joseph,
Under Secretary for Arms Control and International Security, Department 
of State.
 [FR Doc. E7-2034 Filed 2-6-07; 8:45 am]
BILLING CODE 4710-25-P