[Federal Register Volume 72, Number 63 (Tuesday, April 3, 2007)]
[Rules and Regulations]
[Pages 15830-15831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6149]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 5740]


Amendment of the International Traffic in Arms Regulations: 
Policy With Respect to Vietnam

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: Notice is hereby given that the Department of State is 
amending the International Traffic in Arms Regulations (ITAR) regarding 
Vietnam at 22 CFR 126.1 to make it United States policy to consider on 
a case-by-case basis licenses, other approvals, exports or imports of 
non-lethal defense articles and defense services destined for or 
originating in Vietnam. The United States will deny licenses, other 
approvals, exports or imports of lethal defense articles and services 
destined for or originating in Vietnam. Under this policy, the exports 
of lethal-end items, components of lethal-end items (unless those 
components are non-lethal, safety-of-use spare parts for lethal-end 
items), non-lethal crowd control defense articles and defense services, 
and night vision devices to end-users with a role in ground security 
will not be approved.

DATES: Effective Date: This rule is effective April 3, 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 November 2, 2006, the Secretary of State 
modified the U.S. arms transfer policy toward Vietnam allowing the 
sale, lease, export, or other transfer of non-lethal defense articles 
and defense services to the country. Subsequently, the President issued 
a determination December 29, 2006 that the furnishing of defense 
articles and services to Vietnam would strengthen the security of the 
United States and promote world peace.
    The new policy will not permit the export or other transfer to 
Vietnam of: (a) Lethal end items, (b) components of lethal end items, 
unless those components are non-lethal, safety-of-use spare parts for 
lethal end items, (c) non-lethal crowd control defense articles and 
defense services, and (d) night vision devices to end-users with a role 
in ground security.

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

[[Page 15831]]

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 PRACTICES

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 paragraph (a) and adding 
paragraph (l) to read as follows:


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, and 
Venezuela. 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.
* * * * *
    (l) Vietnam. 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 Vietnam except, on a case-by-
case basis, for:
    (1) Non-lethal defense articles and defense services, and
    (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 the aircraft 
crew) for lethal end-items.
    For non-lethal defense end-items, no distinction will be made 
between Vietnam's existing and new inventory.

    Dated: March 13, 2007.
Stephen D. Mull,
Acting Assistant Secretary for Political-Military Affairs, Department 
of State.
[FR Doc. E7-6149 Filed 4-2-07; 8:45 am]
BILLING CODE 4710-25-P