[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54044-54045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21255]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 11537]
RIN 1400-AF36


International Traffic in Arms Regulations: Temporary Update to 
Republic of Cyprus (Cyprus) Country Policy; Extension of Effective 
Period

AGENCY: Department of State.

ACTION: Temporary final rule; extension of effective period.

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SUMMARY: The Department of State is extending the effective period of 
the International Traffic in Arms Regulations (ITAR) temporary 
modification to allow the temporary removal of prohibitions on exports, 
reexports, retransfers, and temporary imports of non-lethal defense 
articles and defense services destined for or originating in the 
Republic of Cyprus (Cyprus) through September 30, 2022, unless 
modified.

DATES: Effective September 30, 2021, the expiration date of the 
temporary final rule published on September 28, 2020 (85 FR 60698), is 
extended through September 30, 2022.

FOR FURTHER INFORMATION CONTACT: Sarah Heidema, Office of Defense Trade 
Controls Policy, Department of State, telephone (202) 663-2809, or 
email now.com">[email protected]now.com. ATTN: Regulatory Change, ITAR 
Section 126.1 Cyprus Country Policy Update.

SUPPLEMENTARY INFORMATION: Section 1250A(d) of the National Defense 
Authorization Act for Fiscal Year 2020 (Pub. L. 116-92) and Sec.  
205(d) of the Eastern Mediterranean Security and Energy Act (Div. J. 
Pub. L. 116-94) (hereinafter ``the Acts'') provide that the policy of 
denial for exports, reexports, or transfers of defense articles on the 
United States Munitions List (USML) to Cyprus shall remain in place 
unless the President determines and certifies to the appropriate 
Congressional Committees not less than annually that: (A) Cyprus is 
continuing to cooperate with the U.S. Government in anti-money 
laundering reforms; and (B) Cyprus has taken the steps necessary to 
deny Russian military vessels access to ports for refueling and 
servicing. These provisions further provide that the President may 
waive these limitations for one fiscal year if the President determines 
that it is essential to the national security interests of the United 
States to do so.
    On April 14, 2020, the President delegated to the Secretary of 
State the functions and authorities vested in the President by the Acts 
(85 FR 35797). On May 28, 2021, the Secretary of State, exercising this 
delegated authority, determined that it was essential to the national 
security interest of the United States to waive the limitations on non-
lethal defense articles and defense services destined for or 
originating in Cyprus. On September 28, 2020, the Department of State 
published a temporary rule (RIN 1400-AF14) in the Federal Register, 
amending the ITAR to update defense trade policy toward the Republic of 
Cyprus by temporarily removing prohibitions on exports, reexports, 
retransfers, and temporary imports of non-lethal defense articles and 
defense services destined for or originating in Cyprus. This rule was 
effective on October 1, 2020, and expires on September 30, 2021.
    On May 28, 2021, again utilizing these delegated functions and 
authorities, the Secretary of State determined that it is essential to 
the national security interest of the United States to maintain the 
temporary removal of restrictions on the export, reexport, retransfer, 
and temporary import of non-lethal defense articles and defense 
services destined for or originating in Cyprus. This determination 
requires the Department to extend the effective period of the 
temporarily modified text of ITAR Sec.  126.1(r), which specifies the 
circumstances provided in the Acts in which the policy of denial for 
exports, reexports, retransfers, and temporary import of non-lethal 
defense articles and defense services destined for or originating in 
the Republic of Cyprus will not apply.

Extension

    The expiration date of the temporary final rule will remain in 
effect through September 30, 2022, unless modified.

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 military or 
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 
temporary rule is exempt from 5 U.S.C. 553, the provisions of Sec.  
553(d) do not apply to this rulemaking. Therefore, this temporary rule 
is effective upon publication.

Regulatory Flexibility Act

    Since this temporary 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.

[[Page 54045]]

Congressional Review Act

    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 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 temporary rule implements a governmental 
policy increasing defense trade with a country, and does not impose 
additional regulatory requirements or obligations on the public, the 
Department believes costs associated with this temporary rule will be 
minimal. The Department also finds that any costs of this rulemaking do 
not outweigh the foreign policy benefits, as described in the preamble. 
This rule has been designated non-significant by the Office of 
Information and Regulatory Affairs under Executive Order 12866 Sec. 
3(d)(2).

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.

Paperwork Reduction Act

    This temporary rule does not impose any new reporting or 
recordkeeping requirements subject to the Paperwork Reduction Act, 44 
U.S.C. Chapter 35.

Bonnie D. Jenkins,
Under Secretary for Arms Control and International Security, Department 
of State.
[FR Doc. 2021-21255 Filed 9-29-21; 8:45 am]
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