[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Rules and Regulations]
[Pages 68313-68314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28544]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 7675]
RIN 1400-AC97


Amendment to the International Traffic in Arms Regulations: Libya 
and UNSCR 2009

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations (ITAR) to update the policy regarding Libya to 
reflect the additional modifications to the United Nations Security 
Council arms embargo of Libya adopted in September 2011.

DATES: Effective Date: This rule is effective November 4, 2011.

FOR FURTHER INFORMATION CONTACT: Charles B. Shotwell, Director, Office 
of Defense Trade Controls Policy, Department of State, by telephone: 
(202) 663-2792; fax: (202) 261-8199; or email: 
[email protected]. ATTN: Part 126, Libya.

SUPPLEMENTARY INFORMATION: On September 16, 2011, the United Nations 
Security Council adopted resolution 2009, which modifies the arms 
embargo against Libya put in place by the adoption in February and 
March of resolutions 1970 and 1973, respectively.

Resolutions 1970 and 1973, and the May 2011 ITAR Amendment Regarding 
Libya

    On February 26, 2011, the United Nations Security Council adopted 
Resolution 1970, paragraph 9 of which provides that UN member states 
shall immediately take the necessary measures to prevent the sale, 
supply, or transfer of arms and related materiel of all types to the 
Libyan Arab Jamahiriya, with certain exceptions. On March 17, 2011, the 
UN Security Council adopted Resolution 1973, paragraph 4 of which 
authorizes member states to take all necessary measures, 
notwithstanding the arms embargo established by paragraph 9 of 
Resolution 1970, to protect civilians and civilian populated areas 
under threat of attack in Libya. On May 24, 2011, the Department 
amended the ITAR to implement the Security Council's actions by adding 
Libya to Sec.  126.1(c), which identifies countries subject to UN 
Security Council arms embargoes. See 76 FR 30001. The Department also 
revised the previous policy on Libya contained in Sec.  126.1(k) to 
announce a policy of denial for all requests for licenses or other 
approvals to export or otherwise transfer defense articles and services 
to Libya, except where not prohibited under UNSC embargo and determined 
to be in the interests of the national security and foreign policy of 
the United States.

Resolution 2009

    To the existing exceptions to the arms embargo, delineated in 
resolutions 1970 and 1973, resolution 2009 adds the supply, sale, or 
transfer to Libya of arms and related materiel, including technical 
assistance, intended solely for security or disarmament assistance to 
the Libyan authorities, and small arms, light weapons, and related 
materiel for the sole use of UN personnel, representatives of the 
media, and humanitarian and development workers and associated 
personnel. License applications submitted pursuant to these exceptions 
are notified in advance to the Committee of the Security Council 
concerning Libya, and are eligible for approval in the absence of a 
negative decision by the Committee within five working days of such a 
notification.
    Accordingly, the ITAR is amended to reflect these exceptions.

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. Since this rule is 
exempt from 5 U.S.C. 553, it is the view of the Department of State 
that the provisions of Sec.  553(d) do not apply to this rulemaking. 
Therefore, this rule is effective upon publication. The Department also 
finds that, given the national security issues surrounding U.S. policy 
towards Libya, that notice and public procedure on this rule would be 
impracticable, unnecessary, or contrary to the public interest. See 5 
U.S.C. 808(2).

Regulatory Flexibility Act

    Since this 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 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

[[Page 68314]]

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 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 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 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 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 amendment.

Executive Orders 12866

    The Department of State does not consider this 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 rule in light 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 the 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 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.

    Accordingly, for the reasons set forth above, title 22, chapter I, 
subchapter M, part 126, is amended 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; Sec. 7089, Pub. L. 111-117.

0
2. Section 126.1 is amended by revising paragraph (k) to read as 
follows:


Sec.  126.1  Prohibited exports and sales to certain countries.

* * * * *
    (k) Libya. It is the policy of the United States to deny licenses 
or other approvals for exports or imports of defense articles and 
defense services destined for or originating in Libya, except that a 
license or other approval may be issued, on a case-by-case basis, for:
    (1) Arms and related materiel of all types, including technical 
assistance and training, intended solely for security or disarmament 
assistance to the Libyan authorities and notified in advance to the 
Committee of the Security Council concerning Libya and in the absence 
of a negative decision by the Committee within five working days of 
such a notification;
    (2) Small arms, light weapons, and related materiel temporarily 
exported to Libya for the sole use of UN personnel, representatives of 
the media, and humanitarian and development workers and associated 
personnel, notified in advance to the Committee of the Security Council 
concerning Libya and in the absence of a negative decision by the 
Committee within five working days of such a notification; or
    (3) Other sales or supply of arms and related materiel, or 
provision of assistance or personnel, as approved in advance by the 
Committee.
* * * * *

    Dated: October 27, 2011.
 Ellen O. Tauscher,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 2011-28544 Filed 11-3-11; 8:45 am]
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