[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Rules and Regulations]
[Pages 60165-60166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23450]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 11486]
RIN 1400-AF32


International Traffic in Arms Regulations: Addition of Ethiopia 
and Amendment to Eritrea Country Policy

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 add and update entries for Ethiopia and 
Eritrea, respectively. These changes codify that it is the policy of 
the United States to deny licenses and other approvals for exports of 
defense articles and defense services to certain end-users in those 
countries as described herein.

DATES: The rule is effective on November 1, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Foreign Affairs 
Officer, Office of Defense Trade Controls Policy, U.S. Department of 
State, telephone (202) 663-1809; email [email protected] 
ATTN: Regulatory Change, ITAR Section 126.1: Ethiopia and Eritrea.

SUPPLEMENTARY INFORMATION: The United States has deepening concerns 
about the ongoing crisis in northern Ethiopia as well as other threats 
to the sovereignty, national unity, and territorial integrity of 
Ethiopia. People in northern Ethiopia continue to suffer human rights 
violations, abuses, and atrocities, and urgently needed humanitarian 
relief is being blocked by the Ethiopian and Eritrean militaries as 
well as other armed actors. On May 23, 2021, the Secretary of State 
announced restrictions with respect to Ethiopia and Eritrea, including 
certain restrictions related to security assistance. The Department is 
updating ITAR Sec.  126.1, consistent with the Secretary's 
announcement, by adding Ethiopia in paragraph (n) and updating the 
existing entry for Eritrea in paragraph (h). The policy of denial 
applies to licenses or other approvals for exports of defense articles 
or defense services to or for the armed forces, police, intelligence, 
or other internal security forces of either Ethiopia or Eritrea. 
Further, the Department is amending ITAR Sec.  126.1(d)(2) to clarify 
that the prohibitions and exceptions for each country are specified in 
each respective paragraph, and not in ITAR Sec.  126.1(d)(2). Lastly, 
the Department is making an administrative change to paragraph (d)(1).

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) and 5 U.S.C. 554(a)(4). 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), the rule 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,

[[Page 60166]]

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 
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). Executive 
Order 13563 emphasizes 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. This rule has 
been designated as a nonsignificant 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 adding a heading for the table in 
paragraph (d)(1), revising paragraphs (d)(2) and (h), and adding 
paragraph (n) to read as follows:


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

* * * * *
    (d) * * *
    (1) * * *

Table 1 to Paragraph (d)(1)

* * * * *
    (2) For defense articles and defense services, a policy of denial 
applies as specified in the associated paragraphs in the following 
table:

                                           Table 2 to Paragraph (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.
Ethiopia................................  See also paragraph (n) 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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* * * * *
    (h) Eritrea. It is the policy of the United States to deny licenses 
or other approvals for exports of defense articles or defense services 
destined to or for the armed forces, police, intelligence, or other 
internal security forces of Eritrea.
* * * * *
    (n) Ethiopia. It is the policy of the United States to deny 
licenses or other approvals for exports of defense articles or defense 
services destined to or for the armed forces, police, intelligence, or 
other internal security forces of Ethiopia.
* * * * *

Bonnie Jenkins,
Under Secretary, Arms Controls and International Security, Department 
of State.
[FR Doc. 2021-23450 Filed 10-29-21; 8:45 am]
BILLING CODE 4710-05-P