[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Rules and Regulations]
[Pages 72936-72938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24910]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 447
[Docket No. ATF-9F; AG Order No. 2922--2007]
RIN 1140-AA29
U.S. Munitions Import List and Import Restrictions Applicable to
Certain Countries (2005R-5P)
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Final rule.
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SUMMARY: This final rule conforms the regulations in 27 CFR Part 447 to
the revised International Traffic in Arms
[[Page 72937]]
Regulations by amending the list of countries from which the
importation of defense articles into the United States is proscribed by
adding Afghanistan and removing South Africa and some of the states
composing the former Soviet Union (Armenia, Azerbaijan and Tajikistan).
The rule also removes the arms embargo against the countries of Serbia
and Montenegro. It also clarifies an outdated reference in the
regulations to Zaire, currently known as the ``Democratic Republic of
the Congo,'' and makes a miscellaneous technical amendment to the
regulations.
DATES: This rule is effective December 26, 2007.
FOR FURTHER INFORMATION CONTACT: Lawrence G. White; Firearms and
Explosives Imports Branch; Bureau of Alcohol, Tobacco, Firearms, and
Explosives; U.S. Department of Justice; 99 New York Avenue, NE.,
Washington, DC 20226; (202) 648-7113.
SUPPLEMENTARY INFORMATION:
Background
The Arms Export Control Act of 1976 (``AECA''), 22 U.S.C. 2778,
gives the President of the United States the authority to control the
import and export of defense articles and defense services. The Bureau
of Alcohol, Tobacco, Firearms, and Explosives (``ATF'') is responsible
for administering the import provisions of the AECA. Importation
regulations issued under this law are in 27 CFR Part 447.
Executive Order (``E.O.'') 11958 of January 18, 1977 (42 FR 4311,
Jan. 24, 1977), as amended by E.O. 13284 of January 23, 2003 (68 FR
4075, Jan. 28, 2003), delegated authority to control exports of defense
articles and defense services to the Secretary of State. The Executive
Order also delegated to the Attorney General the authority to control
the import of such articles and services. However, as stated in 27 CFR
447.55, ATF is guided by the views of the Secretaries of State and
Defense on matters affecting world peace and the external security and
foreign policy of the United States. After consulting the Department of
State, ATF is revising the provisions of 27 CFR Part 447 to conform to
the International Traffic in Arms Regulations (22 CFR Parts 120-130).
On March 17, 2005, the Department of State informed ATF that on
August 27, 1994, the Department of State rescinded the sanctions on
trade in defense articles and services from South Africa and technical
data relating to defense articles from South Africa as set forth in
Category XXII of the U.S. Munitions Import List, 27 CFR 447.21. In an
open letter, dated July 11, 2005, ATF advised federally licensed
firearms importers and registered importers of this change and that it
planned to revise Sec. 447.21. Accordingly, this rule amends Sec.
447.21 by removing Category XXII and the reference to Category XXII in
the definition of ``Defense articles'' in Sec. 447.11.
On March 28, 2003, the Department of State advised ATF of the
publication of a final rule on March 29, 2002 (67 FR 15101), formally
removing Armenia and Azerbaijan from the list of proscribed
destinations for the exports and imports of defense articles and
defense services. ATF is therefore amending 27 CFR Part 447 to conform
to this change.
The Department of State also advised ATF of the publication of a
final rule on January 9, 2002 (67 FR 1074), formally removing
Tajikistan, Serbia and Montenegro (formerly known as the Federal
Republic of Yugoslavia) from the arms embargo with the United States.
Accordingly, the list of proscribed countries in part 447 is being
amended to reflect this change in foreign policy.
On November 20, 2005, the Department of State advised ATF of the
publication of a final rule on June 27, 1996 (61 FR 33313), formally
adding Afghanistan to the list of proscribed countries for the exports
and imports of defense articles and defense services. ATF is therefore
amending 27 CFR Part 447 to conform to this change.
Miscellaneous Amendments
The Department is also taking this opportunity to clarify an
outdated reference contained in Sec. 447.52(a). ``Zaire'' is currently
listed as a country to which the United States maintains an arms
embargo and this listing is amended to read ``the Democratic Republic
of the Congo.''
The Department also is making a technical amendment to Sec. 447.52
to indicate the current phone number for ATF's Firearms and Explosives
Imports Branch.
How This Document Complies With the Federal Administrative Requirements
for Rulemaking
A. Executive Order 12866
Because the amendments to 27 CFR Part 447 involve a foreign affairs
function of the United States, Executive Order 12866 does not apply.
B. Executive Order 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, the Attorney General has determined that this
regulation does not have sufficient federalism implications to warrant
the preparation of a federalism summary impact statement.
C. Executive Order 12988
This regulation meets the applicable standards set forth in
subsections 3(a) and 3(b)(2) of Executive Order 12988.
D. Administrative Procedure Act
As reflected in 27 CFR 447.54, amendments made to 27 CFR Part 447
are excluded from the rulemaking provisions of 5 U.S.C. 553 because
this part involves a foreign affairs function of the United States.
Accordingly, it is not necessary to issue this rule using the notice
and public procedure set forth in 5 U.S.C. 553(b), and the requirement
of a delayed effective date in 5 U.S.C. 553(d) does not apply.
E. Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act relating to an
initial and final regulatory flexibility analysis are not applicable to
this rule because the agency was not required to publish a general
notice of proposed rulemaking under 5 U.S.C. 553 or any other law.
F. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a ``major rule,'' as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
804. This rule will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
G. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
[[Page 72938]]
H. Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995, Public Law
104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR
Part 1320, do not apply to this rule because there are no reporting or
recordkeeping requirements.
Drafting Information
The author of this document is Elizabeth Gillis; Enforcement
Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and
Explosives.
List of Subjects in 27 CFR Part 447
Administrative practice and procedure, Arms control, Arms and
munitions, Authority delegation, Chemicals, Customs duties and
inspection, Imports, Penalties, Reporting and recordkeeping
requirements, Scientific equipment, Seizures and forfeitures.
Authority and Issuance
0
Accordingly, for the reasons discussed in the preamble, 27 CFR Part 447
is amended as follows:
PART 447--IMPORTATION OF ARMS, AMMUNITION AND IMPLEMENTS OF WAR
0
1. The authority citation for 27 CFR Part 447 continues to read as
follows:
Authority: 22 U.S.C. 2778.
Sec. 447.11 [Amended]
0
2. Section 447.11 is amended by removing the last sentence in the
definition of the term ``Defense articles''.
Sec. 447.21 [Amended]
0
3. Section 447.21 is amended by removing Category XXII (South Africa)
in its entirety from the U.S. Munitions Import List.
0
4. Section 447.52 is amended by revising the second and third sentences
in paragraph (a), and by removing ``(202) 927-8320'' in the ``Note'' at
the end of paragraph (a) and adding in its place ``(304) 616-4550'', to
read as follows:
Sec. 447.52 Import restrictions applicable to certain countries.
(a) * * * This policy applies to Afghanistan, Belarus (one of the
states composing the former Soviet Union), Cuba, Iran, Iraq, Libya,
Mongolia, North Korea, Sudan, Syria, and Vietnam. This policy applies
to countries or areas with respect to which the United States maintains
an arms embargo (e.g., Burma, China, the Democratic Republic of the
Congo, Haiti, Liberia, Rwanda, Somalia, Sudan, and UNITA (Angola)).
* * * * *
Dated: December 17, 2007.
Michael B. Mukasey,
Attorney General.
[FR Doc. E7-24910 Filed 12-21-07; 8:45 am]
BILLING CODE 4410-FY-P