[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Rules and Regulations]
[Pages 70053-70054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26590]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 11601]
RIN 1400-AF47


International Traffic in Arms Regulations: Addition of Cambodia 
to List of Proscribed Countries

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 Cambodia in the list of countries for 
which it is the policy of the United States to deny licenses and other 
approvals for exports and imports of defense articles and defense 
services. This change reflects that it is the policy of the United 
States to deny all licenses and other approvals to export and import 
defense articles and defense services destined for or originating in 
Cambodia, except as otherwise provided herein.

DATES: The rule is effective on December 9, 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, or email 
[email protected]. ATTN: Regulatory Change, ITAR Section 
126.1 Cambodia.

SUPPLEMENTARY INFORMATION: On June 1, 2021, the Department expressed 
serious concerns about the People's Republic of China's (PRC's) 
military presence and other activities in Cambodia and emphasized that 
a PRC military base in Cambodia would undermine Cambodian sovereignty, 
threaten regional security, and negatively impact U.S.-Cambodia 
relations. Senior officials at the Departments of State and Defense 
continue to voice these concerns but Cambodia continues to allow the 
PRC to expand its military presence and construct exclusive-use 
facilities on the Gulf of Thailand.
    In response to significant credible evidence of corruption, human 
rights abuses, and an exclusive agreement with the People's Republic of 
China (PRC) on military expansion in Cambodia by the Cambodian 
government, effective immediately, the Department is amending ITAR 
Sec.  126.1 by adding Cambodia in paragraph (o) and revising the 
country policy chart in paragraph (d)(2). The policy of denial applies 
to licenses or other approvals for exports and imports of defense 
articles and defense services destined for or originating in Cambodia, 
with exceptions related to conventional weapons destruction and 
humanitarian demining activities. This action also precludes the use of 
exemptions from licensing or other approval requirements as described 
in that section.

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 (APA), 
pursuant to 5 U.S.C. 553(a)(1). Since this rule is exempt from 5 U.S.C 
553, the provisions of section 553(d) do not apply to this rulemaking. 
Therefore, this rule is effective upon publication.

Regulatory Flexibility Act

    Since this rule is exempt from the notice-and-comment provisions of 
5 U.S.C. 553(b), 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 are deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

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 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 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.

[[Page 70054]]

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 table in paragraph (d)(2) 
and adding paragraph (o) to read as follows:


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

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

                                           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.
Cambodia......................................  See also paragraph (o) 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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* * * * *
    (o) Cambodia. It is the policy of the United States to deny 
licenses or other approvals for exports and imports of defense articles 
and defense services destined for or originating in Cambodia, except 
that a license or other approval may be issued, on a case-by-case 
basis, for defense articles and defense services in furtherance of 
conventional weapons destruction or humanitarian mine action 
activities.
* * * * *

Kevin E. Bryant,
Deputy Director, Office of Directives Management, U.S. Department of 
State.
[FR Doc. 2021-26590 Filed 12-8-21; 8:45 am]
BILLING CODE 4710-06-P