[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Rules and Regulations]
[Pages 39212-39213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18843]


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DEPARTMENT OF STATE

22 CFR Part 123

[Public Notice: 6646]


Amendment to the International Traffic in Arms Regulations: 
Temporary Export Exemption for Body Armor

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 an exemption for the temporary export 
of body armor for exclusive personal use to destinations not subject to 
restrictions under the ITAR Sec.  126.1 and to Afghanistan and Iraq 
under specified conditions.

DATES: Effective Date: This rule is effective August 6, 2009.

ADDRESSES: Interested parties may submit comments at any time by any of 
the following methods:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#d89c9c8c9b8abdaba8b7b6abbd8cbdb9b598abacb9acbdf6bfb7ae"><span class="__cf_email__" data-cfemail="bcf8f8e8ffeed9cfccd3d2cfd9e8d9ddd1fccfc8ddc8d992dbd3ca">[email protected]</span></a> with an appropriate 
subject line.
    <bullet> Mail: Department of State, Directorate of Defense Trade 
Controls, Office of Defense Trade Controls Policy, ATTN: Regulatory 
Change, Section 123.17, SA-1, 12th Floor, Washington, DC 20522-0112.
    Persons with access to the Internet may also view this notice by 
going to the regulations.gov Web site at http://regulations.gov/index.cfm.

FOR FURTHER INFORMATION CONTACT: Director Charles B. Shotwell, Office 
of Defense Trade Controls Policy, Department of State, Telephone (202) 
663-2792 or Fax (202) 261-8199; E-mail <a href="/cdn-cgi/l/email-protection#6e2a2a3a2d3c0b1d1e01001d0b3a0b0f032e1d1a0f1a0b40090118"><span class="__cf_email__" data-cfemail="1a5e5e4e59487f696a7574697f4e7f7b775a696e7b6e7f347d756c">[email protected]</span></a>. 
ATTN: Regulatory Change, Section 123.17.

SUPPLEMENTARY INFORMATION: U.S. individuals are traveling to hazardous 
areas in foreign countries where they need to wear body armor for 
personal safety. Consequently, the Department of State is amending the 
International Traffic in Arms Regulations (ITAR) to add an exemption 
for the temporary export of body armor covered by 22 CFR 121.1, 
Category X(a)(1). The exemption is available for destinations not 
subject to restrictions under ITAR Sec.  126.1 and to Afghanistan and 
Iraq under specified conditions. In order to use the exemption, the 
protective equipment must be for the individual's exclusive use and 
must be returned to the United States. The individual may not re-export 
the protective equipment to a foreign person or otherwise transfer 
ownership. The protective equipment may not be exported to any country 
where the

[[Page 39213]]

importation would be in violation of that country's laws.
    The U.S. person declaring the temporary export of body armor to 
U.S. Customs and Border Protection should use CBP Form 4457 entitled 
the ``Certificate of Registration for Personal Effects Taken Abroad.'' 
The export information is not required to be reported electronically 
using the Automated Export System (AES). Upon re-entering the United 
States, the CBP Form 4457 should be presented.
    In the event the body armor is lost or otherwise not returned to 
the United States, a detailed report about the incident must be 
submitted to the Office of Defense Trade Controls Compliance. The 
report should describe all attempts to locate the body armor.

Regulatory Analysis and Notices

Administrative Procedure Act

    This amendment involves a foreign affairs function of the United 
States and, therefore, is not subject to the procedures contained in 5 
U.S.C. 553 and 554.

Regulatory Flexibility Act

    Since this amendment is not subject to the notice-and-comment 
procedures of 5 U.S.C. 553, it does not require analysis under the 
Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This amendment 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.

Small Business Regulatory Enforcement Fairness Act of 1996

    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 amendment 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 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 amendment.

Executive Order 12866

    This amendment is exempt from review under Executive Order 12866, 
but has been reviewed internally by the Department of State to ensure 
consistency with the purposes thereof.

Executive Order 12988

    The Department of State has reviewed the proposed regulations in 
light of sections 3(a) and 3(b)(2) of Executive Order 12988 to 
eliminate ambiguity, minimize litigation, establish clear legal 
standards, and reduce burden.

Paperwork Reduction Act

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

List of Subjects in 22 CFR Part 123

    Arms and munitions, Exports.

0
Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, part 123 is amended as follows:

PART 123--LICENSES FOR THE EXPORT OF DEFENSE ARTICLES

0
1. The authority citation for part 123 continues to read as follows:

    Authority:  Secs. 2, 38, and 71, Public Law 90-629, 90 Stat. 744 
(22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 
4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2651a; 22 U.S.C. 2776; 
Public Law 105-261, 112 Stat. 1920; Sec. 1205(a), Public Law 107-
228.


0
2. Section 123.17 is amended by adding paragraphs (f) and (g) to read 
as follows:


Sec.  123.17   Exports of firearms, ammunition, and body armor.

* * * * *
    (f) Except as provided in Sec.  126.1 of this subchapter, Port 
Directors of U.S. Customs and Border Protection shall permit U.S. 
persons to export temporarily from the United States without a license 
one set of body armor covered by Category X(a)(1) of this subchapter 
provided that:
    (1) A declaration by the U.S. person and an inspection by a customs 
officer is made;
    (2) The body armor is with the U.S. person's baggage or effects, 
whether accompanied or unaccompanied (but not mailed);
    (3) The body armor is for that person's exclusive use and not for 
re-export or other transfer of ownership; and
    (4) If the body armor is lost or otherwise not returned to the 
United States, a detailed report must be submitted to the Office of 
Defense Trade Controls Compliance in Sec.  127.12(c)(2) of this 
subchapter entitled ``Voluntary disclosures.''
    (g) The license exemption set forth in paragraph (f) of this 
section is also available for the temporary export of body armor for 
personal use to Afghanistan and to Iraq provided that:
    (1) The conditions in paragraphs (f)(1)-(f)(3) of this section are 
met;
    (2) For temporary exports to Iraq the U.S. person utilizing the 
license exemption is either a person affiliated with the U.S. 
Government traveling on official business or is a person not affiliated 
with the U.S. Government but traveling to Iraq under a direct 
authorization by the Government of Iraq and engaging in humanitarian 
activities for, on behalf of, or at the request of the Government of 
Iraq.

    Dated: July 8, 2009.
Rose E. Gottemoeller,
Assistant Secretary, Verification, Compliance and Implementation, 
Department of State.
[FR Doc. E9-18843 Filed 8-5-09; 8:45 am]
BILLING CODE 4710-25-P


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