[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Rules and Regulations]
[Pages 6457-6458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02995]

[[Page 6457]]



22 CFR Part 126

[Public Notice 10306]
RIN 1400-AE51

Amendment to the International Traffic in Arms Regulations: 
Addition of South Sudan

AGENCY: Department of State.

ACTION: Final rule.


SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations (ITAR) to include reference to South Sudan in its 
regulations on prohibited exports, imports, and sales to and from 
certain countries, and to update defense trade policy toward South 
Sudan by applying a policy of denial on the export of defense articles 
and defense services to South Sudan, except as otherwise provided. This 
amendment reflects a policy determination made by the Secretary of 

DATES: The rule is effective on February 14, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Foreign Affairs 
Officer, Office of Defense Trade Controls Policy, U.S. Department of 
State, telephone: (202) 663-2816, or email [email protected]. 
ATTN: Regulatory Change, ITAR Section 126.1 Update 2017.

SUPPLEMENTARY INFORMATION: In response to the escalating crisis in 
South Sudan, the Secretary of State has determined that it is in the 
best interests of U.S. foreign policy to restrict, with certain 
exceptions, the export of defense articles and defense services to 
South Sudan in order to reflect the U.S. government's opposition to the 
trade of arms to South Sudan and its contribution to the conflict and 
humanitarian crisis, to promote the cessation of hostilities, and to 
reinforce international unity in addressing the South Sudan crisis by 
aligning the United States with existing restrictions on certain 
exports to South Sudan by the European Union. This action requires the 
Department to amend ITAR Sec.  126.1(d)(2) to include South Sudan in 
the list of countries to which a policy of denial applies, and to add a 
new paragraph (w) to specify the exceptions to the policy of denial for 
which licenses and other approvals to South Sudan may be approved on a 
case-by-case basis. Further, in accordance with ITAR Sec.  129.7, no 
broker, as described in ITAR Sec.  129.2, may engage in or make a 
proposal to engage in brokering activities subject to the ITAR that 
involve South Sudan without first obtaining the approval of the 
Directorate of Defense Trade Controls.

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 sections 553 (rulemaking) and 554 
(adjudications) of the Administrative Procedure Act. Since this rule is 
exempt from 5 U.S.C. 553, 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 aforementioned countries, there is 
good cause for the effective date of this rule to be the date of 
publication, as provided by 5 U.S.C. 553(d)(3).

Regulatory Flexibility Act

    Since this rule is exempt from the provisions of 5 U.S.C. 553, 
there is no requirement for an analysis under the Regulatory 
Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This rulemaking 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

    The Department does not believe this rulemaking is a major rule 
within the definition of 5 U.S.C. 804.

Executive Orders 12372 and 13132

    This rulemaking 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, the Department has determined that this rulemaking 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 rulemaking.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess costs 
and benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributed impacts, and equity). These executive orders 
stress the importance of quantifying both costs and benefits, of 
reducing costs, of harmonizing rules, and of promoting flexibility. 
Because the scope of this rule implements a governmental policy 
limiting defense trade with a country, and does not impose additional 
regulatory requirements or obligations, the Department believes costs 
associated with this rule will be minimal. The Department also finds 
that any costs of this rulemaking are outweighed by the foreign policy 
benefits, as described in the preamble. This rule has not been 
designated a ``significant regulatory action'' by the Office and 
Information and Regulatory Affairs under Executive Order 12866.

Executive Order 12988

    The Department of State reviewed this rulemaking in light of 
Executive Order 12988 to eliminate ambiguity, minimize litigation, 
establish clear legal standards, and reduce burden.

Executive Order 13175

    The Department of State determined that this rulemaking will not 
have tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not preempt tribal law. 
Accordingly, the requirements of Executive Order 13175 do not apply to 
this rulemaking.

Executive Order 13771

    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. As this rule is not a significant regulatory action, this 
rule is exempt from the requirements of Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs.'' See OMB 
Memorandum M-17-21, ``Guidance Implementing Executive Order 13771'' of 
April 5, 2017.

Paperwork Reduction Act

    This rule does not impose any new reporting or recordkeeping 

[[Page 6458]]

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, 22 CFR part 126 is 
amended as follows:


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); 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; Pub. L. 111-
266; Sections 7045 and 7046, Pub. L. 112-74; E.O. 13637, 78 FR 

2. Section 126.1 is amended by revising the table in paragraph (d)(2), 
and adding paragraph (w), and by removing the Note to 126.1.
    The revision and addition read as follows:

Sec.  126.1  Prohibited exports, imports, and sales to or from certain 

* * * * *
    (d) * * *
    (2) * * *

                  Country                                    Country specific paragraph location
Afghanistan................................  See also paragraph (g) of this section.
Central African Republic...................  See also paragraph (u) of this section.
Cyprus.....................................  See also paragraph (r) of this section.
Democratic Republic of Congo...............  See also paragraph (i) of this section.
Eritrea....................................  See also paragraph (h) of this section.
Haiti......................................  See also paragraph (j) of this section.
Iraq.......................................  See also paragraph (f) of this section.
Lebanon....................................  See also paragraph (t) of this section.
Libya......................................  See also paragraph (k) of this section.
Somalia....................................  See also paragraph (m) of this section.
South Sudan................................  See also paragraph (w) of this section.
Sudan......................................  See also paragraph (v) of this section.
Zimbabwe...................................  See also paragraph (s) of this section.

* * * * *
    (w) South Sudan. It is the policy of the United States to deny 
licenses or other approvals for exports of defense articles and defense 
services destined for South Sudan, except that a license or other 
approval may be issued, on a case-by-case basis, for:
    (1) Defense articles and defense services for monitoring, 
verification, or peacekeeping support operations, including those 
authorized by the United Nations or operating with the consent of the 
relevant parties;
    (2) Defense articles and defense services intended solely for the 
support of, or use by, African Union Regional Task Force (AU-RTF) or 
United Nations entities operating in South Sudan, including but not 
limited to the United Nations Mission in the Republic of South Sudan 
(UNMISS), the United Nations Mine Action Service (UNMAS), the United 
Nations Police (UNPOL), or the United Nations Interim Security Force 
for Abyei (UNISFA);
    (3) Defense articles and defense services intended solely for the 
support of or use by non-governmental organizations in furtherance of 
conventional weapons destruction or humanitarian demining activities;
    (4) Non-lethal defense articles intended solely for humanitarian or 
protective use and related technical training and assistance;
    (5) Personal protective equipment including flak jackets and 
helmets, temporarily exported to South Sudan by United Nations 
personnel, human rights monitors, representatives of the media, and 
humanitarian and development workers and associated personnel, for 
their personal use only; or
    (6) Any defense articles and defense services provided in support 
of implementation of the Comprehensive Peace Agreement, the Agreement 
on the Resolution of the Conflict in the Republic of South Sudan, or 
any successor agreement.

Michael Miller,
Office Director, Office of Regional Security and Arms Transfers, Bureau 
of Political-Military Affairs, U.S. Department of State.
[FR Doc. 2018-02995 Filed 2-13-18; 8:45 am]