[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Rules and Regulations]
[Pages 28602-28603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9860]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 5801]


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

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 
Somalia at 22 CFR 126.1 to make it United States policy to consider on 
a case-by-case basis licenses, or other approvals, for exports of 
defense articles and defense services destined for Somalia that conform 
to the provisions of United Nations Security Council resolution 1744, 
which amends United Nations Security Council resolution 733. The United 
States will deny licenses, other approvals, exports or imports of 
defense articles and defense services destined for or originating in 
Somalia that do not conform to the provisions of the resolution.

EFFECTIVE DATE: This rule is effective upon publication of this Federal 
Register Notice.

ADDRESSES: Interested parties may submit comments at any time by any of 
the following methods:

[[Page 28603]]

     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 February 20, 2007, the United Nations 
Security Council (UNSC) adopted resolution 1744 which, inter alia, 
amends the complete embargo on weapons and military equipment imposed 
by UNSC resolution (UNSCR) 733 (1992). In resolution 1744, the UNSC 
decided that the embargo shall no longer apply to the export to Somalia 
of weapons and military equipment, technical training, and assistance 
when intended solely for either of two purposes: (1) Support for the 
African Union Mission to Somalia (AMISOM), an effort to establish an 
initial stabilization phase in Somalia, and (2) support for the purpose 
of helping develop security sector institutions in Somalia that further 
the objectives of peace, stability and reconciliation in Somalia. 
Proposed exports for the latter purpose will require advance 
notification by the United States Government to the UN Somalia 
Sanctions Committee and the absence of a negative decision by that 
Committee. In addition, exemptions from licensing requirements may not 
be used with respect to exports to Somalia without prior written 
authorization by the Directorate of Defense Trade Controls.
    To implement this new policy the ITAR is amended in the following 
manner: the specific reference to Somalia in 126.1(a) is removed, and 
all relevant information pertaining to Somalia is set forth in a new 
paragraph (m) in Section 126.1.

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 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:
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) to read as 
follows and adding paragraph (m):


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, 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.
* * * * *
    (m) Somalia. It is the policy of the United Sates to deny licenses, 
or other approvals, for exports or imports of defense articles and 
defense services destined for or originating in Somalia. A denial 
policy will remain for exports or imports of defense articles and 
defense services destined for or originating in Somalia except, on a 
case-by-case basis, for defense articles and defense services intended 
solely for:
    (1) Support for the African Union Mission to Somalia (AMISOM), and
    (2) Support for the purpose of helping develop security sector 
institutions in Somalia that further the objectives of peace, stability 
and reconciliation in Somalia, after advance notification of the 
proposed export by the United States Government to the UN Somalia 
Sanctions Committee and the absence of a negative decision by that 
committee.
    Exemptions from the licensing requirement may not be used with 
respect to any export to Somalia unless specifically authorized in 
writing by the Directorate of Defense Trade Controls.

    Dated: April 27, 2007.
Stephen D. Mull,
Acting Assistant Secretary for Political-Military Affairs, Department 
of State.
[FR Doc. E7-9860 Filed 5-21-07; 8:45 am]
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