[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Rules and Regulations]
[Pages 69612-69613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29041]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 7682]
RIN 1400-AC93


Amendment to the International Traffic in Arms Regulations: Sudan

AGENCY: Department of State.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations to include the Republic of the Sudan as a 
proscribed destination, pursuant to a United Nations Security Council 
arms embargo, and to clarify that this policy does not apply to the 
Republic of South Sudan.

DATES: Effective Date: This rule is effective November 9, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Charles B. Shotwell, Director, 
Office of Defense Trade Controls Policy, U.S. Department of State, 
telephone (202) 663-2792, or email [email protected]. ATTN: 
Regulatory Change, Sudan.

SUPPLEMENTARY INFORMATION: Section 126.1(v) is added to set out U.S. 
policy on arms exports to the Republic of the Sudan, in accordance with 
UN Security Council resolutions imposing an arms embargo and recent 
political developments in Sudan. UNSC resolution 1556, adopted July 30, 
2004, imposes an arms embargo on non-governmental entities and 
individuals operating in Darfur, with certain exceptions. Subsequently, 
UNSC resolution 1591, adopted on March 29, 2005, expanded the arms 
embargo to all parties to the N'djamena Ceasefire Agreement, including 
the Government of the Republic of Sudan. UNSC resolution 1945, adopted 
on October 14, 2010, reaffirmed and strengthened the arms embargo. 
Accordingly, 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 the Republic of the Sudan. The 
exceptions, as provided in the referenced resolutions, are for (1) 
Supplies and related technical training and assistance to monitoring, 
verification, or peace support operations, including those authorized 
by the UN or operating with the consent of the relevant parties; (2) 
supplies of non-lethal military equipment intended solely for 
humanitarian, human rights monitoring, or protective uses, and related 
technical training and assistance; (3) personal protective gear for the 
personal use of United Nations personnel, human rights monitors, 
representatives of the media, and humanitarian and development workers 
and associated personnel; and (4) assistance and supplies provided in 
support of implementation of the Comprehensive Peace Agreement. 
Licenses submitted pursuant to these exceptions will be considered on a 
case-by-case basis.
    Sections 126.1(c) and (d) are revised to change ``Sudan'' to ``The 
Republic of the Sudan.''
    On July 9, 2011, the Republic of South Sudan declared independence 
from Sudan and was recognized as a sovereign state by the United 
States. The policy of denial as it applies to the Republic of the Sudan 
does not apply to the Republic of South Sudan. Licenses or other 
approvals for exports or imports of defense articles and defense 
services destined for or originating in the Republic of the South Sudan 
will be considered on a case-by-case basis.

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 the 
Department is of the opinion that 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 the Republic 
of the Sudan, notice and public procedure on this rule would be 
impracticable, unnecessary, or contrary to the public interest; for the 
same reason, the rule will be effective immediately. See 5 U.S.C. 
808(2).

Regulatory Flexibility Act

    Since this amendment is not subject to 5 U.S.C. 553, it does not 
require analysis under the Regulatory Flexibility Act.

Unfunded Mandates 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 or uniquely affect small governments. Therefore, 
no actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

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

[[Page 69613]]

summary impact statement. The regulations implementing Executive Order 
12372 regarding intergovernmental consultation on Federal programs and 
activities do not apply to this amendment.

Executive Order 12866

    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. However, the Department has reviewed the proposed rule to ensure 
its consistency with the regulatory philosophy and principles set forth 
in the Executive Order.

Executive Order 12988

    The Department of State has reviewed the 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.

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 13175

    The Department has determined that this rulemaking 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 Executive Order 13175 do not apply to 
this rulemaking.

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 paragraphs (c)(11) and (d), and 
adding paragraph (v), to read as follows:


Sec.  126.1  Prohibited exports and sales to certain countries.

* * * * *
    (c) * * *
    (11) The Republic of the Sudan (see also paragraph (v) of this 
section).
    (d) Terrorism. Exports to countries which the Secretary of State 
has determined to have repeatedly provided support for acts of 
international terrorism are contrary to the foreign policy of the 
United States and are thus subject to the policy specified in paragraph 
(a) of this section and the requirements of section 40 of the Arms 
Export Control Act (22 U.S.C. 2780) and the Omnibus Diplomatic Security 
and Anti-Terrorism Act of 1986 (22 U.S.C. 4801, note). The countries in 
this category are: Cuba, Iran, the Republic of the Sudan, and Syria.
* * * * *
    (v) Sudan. 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 the Republic of the 
Sudan, except a license or other approval may be issued, on a case-by-
case basis, for:
    (1) Supplies and related technical training and assistance to 
monitoring, verification, or peace support operations, including those 
authorized by the United Nations or operating with the consent of the 
relevant parties;
    (2) Supplies of non-lethal military equipment intended solely for 
humanitarian, human rights monitoring, or protective uses and related 
technical training and assistance;
    (3) Personal protective gear for the personal use of United Nations 
personnel, human rights monitors, representatives of the media, and 
humanitarian and development workers and associated personnel; or
    (4) Assistance and supplies provided in support of implementation 
of the Comprehensive Peace Agreement.

    Note to Sec.  126.1.  On July 9, 2011, the Republic of South 
Sudan declared independence from Sudan and was recognized as a 
sovereign state by the United States. This policy does not apply to 
the Republic of South Sudan. Licenses or other approvals for exports 
or imports of defense articles and defense services destined for or 
originating in the Republic of the South Sudan will be considered on 
a case-by-case basis.


    Dated: November 2, 2011.
Ellen O. Tauscher,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 2011-29041 Filed 11-4-11; 8:45 am]
BILLING CODE 4710-25-P