[Federal Register Volume 86, Number 51 (Thursday, March 18, 2021)]
[Rules and Regulations]
[Pages 14802-14803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05530]



[[Page 14801]]

Vol. 86

Thursday,

No. 51

March 18, 2021

Part II





Department of State





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22 CFR Part 126





International Traffic in Arms Regulations: Addition of Russia and 
Determinations Regarding Use of Chemical Weapons by Russia Under the 
Chemical and Biological Weapons Control and Warfare Elimination Act of 
1991; Final Rule and Notice

  Federal Register / Vol. 86 , No. 51 / Thursday, March 18, 2021 / 
Rules and Regulations  

[[Page 14802]]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice 11294]
RIN 1400-AF19


International Traffic in Arms Regulations: Addition of Russia

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 include Russia in the list of enumerated 
countries with respect to which it is the policy of the United States 
to deny licenses and other approvals for exports and/or imports of 
defense articles and defense services, except as otherwise provided. 
This action reflects a policy determination made by the Secretary of 
State.

DATES: The rule is effective on March 18, 2021.

FOR FURTHER INFORMATION CONTACT: Director, Response Team, Directorate 
of Defense Trade Controls, U.S. Department of State, telephone (202) 
663-1282, or email [email protected]. ATTN: Regulatory 
Change, ITAR Sec.  126.1 Russia.

SUPPLEMENTARY INFORMATION: On March 1, 2021, the Secretary of State 
determined pursuant to Section 306(a) of the Chemical and Biological 
Weapons Control and Warfare Elimination Act of 1991 (``CBW Act'') that 
the Government of Russia used chemical weapons in violation of 
international law or lethal chemical weapons against its own nationals. 
Pursuant to this determination, the Department of State published 
Federal Register Notice ``Determination Regarding Use of Chemical 
Weapons by Russia Under the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991'' on March 18, 2021. In order to take 
additional steps to address such use of chemical weapons, the 
Department is amending ITAR Sec.  126.1(d)(2) to include Russia in the 
list of countries subject to a policy of denial for exports of defense 
articles and defense services. An exception is being made to allow for 
case-by-case review of exports to Russia that support government space 
cooperation. In addition, an exception, valid for six months from the 
date of the Secretary of State's determination, is being made to allow 
for case-by-case review of exports to Russia when in support of 
commercial space launches. Further, the Department is amending ITAR 
Sec.  126.1(a) to allow exporters to use the exemptions provided in 
ITAR Sec.  126.4(a)(2) and (b)(2) for exports to Russia when in 
furtherance of government space cooperation.

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 (APA), pursuant to 
5 U.S.C. 553(a)(1). 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 that 
the provisions of Section 553(d) do not apply to this rulemaking.

Regulatory Flexibility Act

    Since this rule is exempt from the notice-and-comment provisions of 
5 U.S.C. 553(b), it does not require 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 are deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

Congressional Review Act

    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, 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 rulemaking.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
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). 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. 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 has 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 has 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, Executive Order 13175 does not apply to this 
rulemaking.

Paperwork Reduction Act

    This rulemaking does not impose or revise any information 
collections subject to 44 U.S.C. chapter 35.

List of Subjects in 22 CFR Part 126

    Arms and munitions, Exports.

    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:  22 U.S.C. 2752, 2778, 2780, 2791, and 2797; 22 
U.S.C. 2651a; 22 U.S.C. 287c; 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 16129.


0
2. Section 126.1 is amended by revising the second sentence in 
paragraph (a), revising the table in paragraph (d)(2), and adding 
paragraph (l) to read as follows:

[[Page 14803]]

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

* * * * *
    (a) * * * The exemptions provided in this subchapter, except 
Sec. Sec.  123.17, 126.4(a)(1) or (3) and (b)(1), and 126.4(a)(2) or 
(b)(2) when the export is destined for Russia and in support of 
government space cooperation, and Sec.  126.6, or when the recipient is 
a U.S. government department or agency, do not apply with respect to 
defense articles or defense services originating in or for export to 
any proscribed countries, areas, or persons. * * *
    (d) * * *
    (2) * * *

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                    Country                                    Country specific paragraph location
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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.
Russia........................................  See also paragraph (l) 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.
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* * * * *
    (l) Russia. It is the policy of the United States to deny licenses 
or other approvals for exports of defense articles and defense services 
destined for Russia, except that a license or other approval may be 
issued, on a case-by-case basis:
    (1) For government space cooperation; and
    (2) Prior to September 1, 2021, for commercial space launches.
* * * * *

Zachary A. Parker,
Director, Office of Directives Management, Department of State.
[FR Doc. 2021-05530 Filed 3-17-21; 8:45 am]
BILLING CODE 4710-25-P