[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Proposed Rules]
[Pages 41438-41440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17804]


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DEPARTMENT OF STATE

22 CFR Part 123

RIN 1400-AC85
[Public Notice 7524]


International Traffic in Arms Regulations: International Import 
Certificate

AGENCY: Department of State.

ACTION: Proposed rule.

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SUMMARY: The Department of State proposes to amend the International 
Traffic in Arms Regulations (ITAR) to remove reference to the 
International Import Certificate. This amendment will effectively cease 
the Department's current practice of accepting DSP-53 submissions, as 
there is no statutory, regulatory, or other authoritative basis for the 
Department to do so.

DATES: The Department of State will accept comments on this proposed 
rule until August 29, 2011.

ADDRESSES: 
    Interested parties may submit comments within 45 days of the date 
of the publication by any of the following methods:
     E-mail: [email protected] with the subject line, 
``International Import Certificate, ITAR Section 123.4.''
     Internet: View this notice by searching for its RIN number 
on the U.S. Government regulations Web site at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Samuel C. Harmon, Office of Defense 
Trade Controls Policy, Department of State, by telephone: (202) 663-
2728; fax: (202) 261-8199; or e-mail: [email protected]. ATTN: 
International Import Certificate, ITAR Section 123.4.

SUPPLEMENTARY INFORMATION: The Arms Export Control Act authorizes the 
President to control the import and export of defense articles. 
Executive Order 11958, as amended, delegated the authority to regulate 
permanent exports and temporary imports and exports of defense articles 
to the Department of State, and delegated the authority to regulate 
permanent imports to the Attorney General. The International Import 
Certificate (IIC), Form BIS-645P/ATF-4522/DPS-53, is identified as a 
form issued by the Department of Commerce's Bureau of Industry & 
Security; the Department of Justice's Bureau of Alcohol, Tobacco, 
Firearms and Explosives; and the Department of State's Directorate of 
Defense Trade Controls (DDTC). It is meant to

[[Page 41439]]

standardize procedures used to facilitate international trade. However, 
while DDTC typically receives approximately 600 IIC submissions a year, 
there is no statutory, regulatory, or other authoritative basis for the 
Department of State to receive submission or pursue enforcement of the 
IIC. The Department of State's DSP-61 Application/License for Temporary 
Import of Unclassified Defense Articles and DSP-85 Application/License 
for Permanent/Temporary Export or Temporary Import of Classified 
Defense Articles and Related Classified Technical Data account for its 
authority to control temporary imports of defense articles. The 
Department of State's retention of the IIC is duplicative and 
unnecessary. Therefore, DDTC proposes to revise Sec.  123.4 to reflect 
its decision to no longer to accept submissions of the International 
Import Certificate (DSP-53). DDTC will also make conforming changes to 
Sec.  120.28 to remove reference to the DSP-53. For temporary import 
exemptions in which the foreign exporter requires documentation, the 
U.S. importer will be required to obtain a DSP-61 or a DSP-85. The 
Bureau of Industry & Security and the Bureau of Alcohol, Tobacco, 
Firearms and Explosives will continue to adjudicate International 
Import Certificate submissions for items under their jurisdiction.

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department of State is of the opinion that controlling the 
import and export of defense articles and services is a foreign affairs 
function of the United States Government and that rules implementing 
this function are exempt from Sec.  553 (Rulemaking) and Sec.  554 
(Adjudications) of the Administrative Procedure Act. Although the 
Department is of the opinion that this proposed rule is exempt from the 
rulemaking provisions of the APA, the Department is publishing this 
proposed rule with a 45-day provision for public comment and without 
prejudice to its determination that controlling the import and export 
of defense services is a foreign affairs function.

Regulatory Flexibility Act

    Since this proposed amendment is not subject to the notice-and-
comment procedures of 5 U.S.C. 553, it does not require analysis under 
the Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This proposed amendment does not involve a mandate that will 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 
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.

Executive Order 13175

    The Department has determined that this proposed rule will not have 
tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of Section 5 of Executive Order 13175 do 
not apply to this rule.

Small Business Regulatory Enforcement Fairness Act of 1996

    This proposed amendment has been found not to be a major rule 
within the meaning of the Small Business Regulatory Enforcement 
Fairness Act of 1996.

Executive Orders 12372 and 13132

    This proposed amendment 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 Executive 
Order 13132, it is determined that this proposed amendment does not 
have sufficient federalism implications to require consultations or 
warrant the preparation of a federalism summary impact statement. The 
regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this proposed amendment.

Executive Order 12866

    The Department of State does not consider this proposed rule to be 
a ``significant regulatory action'' under Executive Order 12866, 
section 3(f), Regulatory Planning and Review. The Department is of the 
opinion that controlling the import and export of defense articles and 
services is a foreign affairs function of the United States Government 
and that rules governing the conduct of this function are exempt from 
the requirements of Executive Order 12866.

Executive Order 13563

    The Department of State has considered this proposed rule in light 
of Section 1(b) of Executive Order 13563, dated January 18, 2011, and 
affirms that this regulation is consistent with the guidance therein.

Executive Order 12988

    The Department of State has reviewed this proposed amendment in 
light of sections 3(a) and 3(b)(2) of Executive Order 12988 to 
eliminate ambiguity, minimize litigation, establish clear legal 
standards, and reduce burden.

Paperwork Reduction Act

    This proposed 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 Parts 120 and 123

    Arms and munitions, Exports.

    Accordingly, for the reasons set forth above, Title 22, chapter I, 
subchapter M, parts 120 and 123 are proposed to be amended as follows:

PART 120--PURPOSE AND DEFINITIONS

    1. The authority citation for part 120 continues to read as 
follows:

    Authority:  Secs. 2, 38, and 71, Public Law 90-629, 90 Stat. 744 
(22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2794; E.O. 11958, 42 FR 
4311; E.O. 13284, 68 FR 4075; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 
2651a; Public Law 105-261, 112 Stat. 1920.

    2. Section 120.28 is amended by redesignating paragraph (b)(3) as 
paragraph (c) and by revising paragraph (b)(1) to read as follows:


Sec.  120.28  Listing of forms referred to in this subchapter.

* * * * *
    (b) * * *
    (1) International Import Certificate (Form BIS-645P/ATF-4522).
* * * * *

PART 123--LICENSES FOR THE EXPORT OF DEFENSE ARTICLES

    3. The authority citation for part 123 continues to read as 
follows:

    Authority: Secs. 2, 38, and 71, Public Law 90-629, 90 Stat. 744 
(22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 
4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2651a; 22 U.S.C. 2776; Pub. 
L. 105-261, 112 Stat. 1920; Sec 1205(a), Public Law 107-228.

    4. Section 123.4 is amended by adding paragraph (c)(4) to read as 
follows:


Sec.  123.4  Temporary import license exemptions.

* * * * *
    (c) * * *
    (4) If the foreign exporter requires documentation for a temporary 
import

[[Page 41440]]

that qualifies for an exemption under this subchapter, the U.S. 
importer will not be able to claim the exemption and is required to 
obtain a DSP-61 Application/License for Temporary Import of 
Unclassified Defense Articles or, for classified defense articles, a 
DSP-85 Application for Permanent/Temporary Export or Temporary Import 
of Classified Defense Articles and Related Classified Technical Data.
* * * * *

     Dated: July 6, 2011.
 Ellen O. Tauscher,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 2011-17804 Filed 7-13-11; 8:45 am]
BILLING CODE 4710-25-P