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[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Rules and Regulations]
[Pages 66615-66616]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26632]

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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice 8943]
RIN 1400-AD73

Amendment to the International Traffic in Arms Regulations: 
Policy on Exports to Vietnam

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State is revising the International Traffic 
in Arms Regulations (ITAR) to reflect a change in its policy on exports 
to Vietnam.

DATES: This rule is effective on November 10, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director, 
Office of Defense Trade Controls Policy, Department of State, telephone 
(202) 663-2792; email DDTCPublicComments@state.gov. ATTN: Regulatory 
Change, Exports to Vietnam.

SUPPLEMENTARY INFORMATION: The Department has determined that is in the 
best interests of U.S. foreign policy, national security, and human 
rights concerns that exports of lethal defense articles and defense 
services to Vietnam may be authorized on a case-by-case basis when in 
support of maritime security and domain awareness.

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). 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. 
Therefore, this rule is effective upon publication. The Department also 
finds that, given the national security issues surrounding U.S. policy 
toward Vietnam, notice and public procedure on this rule would be 
impracticable, unnecessary, or contrary to the public interest; for 
this reason, the rule is effective upon publication.

Regulatory Flexibility Act

    Since the Department is of the opinion that this 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.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rulemaking 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, it is 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 Order 12866

    The Department 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 governing the conduct of 
this function are exempt from the requirements of Executive Order 
12866. However, the Department has reviewed the rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
the Executive Order.

Executive Order 13563

    The Department of State has considered this rule in light of 
Executive Order 13563, dated January 18, 2011, and affirms that this 
regulation is consistent with the guidance therein.

Executive Order 12988

    The Department of State has reviewed this rulemaking 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.

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 pre-empt 
tribal law. Accordingly, the provisions of Executive Order 13175 do not 
apply to this rulemaking.

Paperwork Reduction Act

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

List of Subjects in 22 CFR Part 126

    Arms and munitions, Exports.

    For the reasons set forth above, 22 CFR 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:  Secs. 2, 38, 40, 42, and 71, Pub. L. 90-629, 90 
Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); 22 U.S.C. 
2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 1994 Comp., 
p. 899; 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(l) is revised to read as follows:

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

* * * * *
    (l) Vietnam. It is the policy of the United States to deny licenses 
or other approvals for exports or imports of defense articles and 
defense services destined for or originating in Vietnam, except that a 
license or other approval may be issued, on a case-by-case basis, for:
    (1) Lethal defense articles and defense services to enhance 
maritime security capabilities and domain awareness;
    (2) Non-lethal defense articles and defense services; or,
    (3) Non-lethal, safety-of-use defense articles (e.g., cartridge 
actuated devices, propellant actuated devices and technical manuals for 
military aircraft

[[Page 66616]]

for purposes of enhancing the safety of the aircraft crew) for lethal 
end-items.

    Note to paragraph (l).  For non-lethal defense end-items, no 
distinction will be made between Vietnam's existing and new 
inventory.

* * * * *

 Rose E. Gottemoeller,
 Under Secretary, Arms Control and International Security, Department 
of State.
[FR Doc. 2014-26632 Filed 11-7-14; 8:45 am]
BILLING CODE 4710-05-P
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