[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Rules and Regulations]
[Pages 18796-18797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05695]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 12306]
RIN 1400-AF80


International Traffic in Arms Regulations: Addition 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 Nicaragua in the list of countries 
for which it is the policy of the United States to deny licenses or 
other approvals for exports and imports of defense services and defense 
articles, except as otherwise provided.

DATES: The rule is effective on March 15, 2024.

FOR FURTHER INFORMATION CONTACT: Ms. Maria Tatarska, Foreign Affairs 
Officer, Office of Defense Trade Controls Policy, U.S. Department of 
State, telephone (771) 205-7671; email [email protected] 
ATTN: Regulatory Change, ITAR Section 126.1: Nicaragua.

SUPPLEMENTARY INFORMATION: Due to growing concerns regarding 
Nicaragua's continuing dismantling of democratic institutions, attacks 
on civil society, and increased security cooperation with Russia, to 
include support of Russia's full-scale invasion of Ukraine, the Under 
Secretary of State for Arms Control and International Security has 
determined that it is in the best interests of U.S. national security 
and foreign policy to restrict, with certain exceptions, the export and 
import of defense articles and defense services destined for or 
originating in Nicaragua. This policy reflects the U.S. government's 
opposition to the trade of arms with Nicaragua and its authoritarian 
government dominated by President Daniel Ortega Saavedra and his wife, 
Vice President Rosario Murillo Zambrana. Pursuant to this 
determination, the Department is adding Nicaragua to ITAR Sec.  126.1 
in paragraph (p). The policy of denial toward Nicaragua applies to 
licenses or other approvals for exports and imports of defense articles 
or defense services, except that a license or other approval may be 
issued on a case-by-case basis for non-lethal military equipment 
intended solely for humanitarian assistance, to include natural 
disaster relief. 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 Nicaragua without obtaining the approval of the Directorate of 
Defense Trade Controls. Consistent with ITAR Sec.  129.7(d), the 
Department of State will apply the same policy of denial to such 
requests.

Regulatory Analysis and Notices

Administrative Procedure Act

    This rulemaking is exempt from the rulemaking requirements of 
section 553 of the Administrative Procedure Act (APA) pursuant to 5 
U.S.C. 553(a)(1) as a military or foreign affairs function of the 
United States.

Regulatory Flexibility Act

    Since this rule is exempt from the notice-and-comment provisions of 
5 U.S.C. 553, 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 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, 13563, and 14094

    Executive Order 12866, as amended by Executive Orders 13563 and 
14094, directs 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). As a result of this change, certain exemptions to 
licensing requirements will not be available for exports, reexports, 
retransfers, and temporary imports destined for or originating in 
Nicaragua. However, a license or other approval may be issued on a 
case-by-case basis for non-lethal military equipment intended solely 
for humanitarian assistance, to include natural disaster relief. 
Because the scope of this rule does not impose significant additional 
regulatory requirements or obligations, the Department believes costs 
associated with this rule will be minimal. This rule has 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 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. 287c, 2651a, 2752, 2753, 2776, 2778, 2779, 
2779a, 2780, 2791, 2797; Sec. 1225, Pub. L. 108-375, 118 Stat. 2091; 
Sec. 7045, Pub. L. 112-74, 125 Stat.

[[Page 18797]]

1232; Sec. 1250A, Pub. L 116-92, 133 Stat. 1665; Sec. 205, Pub. L. 
116-94, 133 Stat. 3052; E.O. 13637, 78 FR 16129, 3 CFR, 2013 Comp., 
p. 223.


0
2. Amend Sec.  126.1 by revising table 2 to paragraph (d)(2) and adding 
paragraph (p) 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.
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.
Nicaragua.....................................  See also paragraph (p) 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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* * * * *
    (p) Nicaragua. It is the policy of the United States to deny 
licenses or other approvals for exports and imports of defense articles 
or defense services, destined for or originating in Nicaragua, except 
that a license or other approval may be issued, on a case-by-case 
basis, for non-lethal military equipment intended solely for 
humanitarian assistance, to include natural disaster relief.
* * * * *

Bonnie D. Jenkins,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 2024-05695 Filed 3-14-24; 8:45 am]
BILLING CODE 4710-25-P