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[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Rules and Regulations]
[Pages 47179-47180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18940]

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DEPARTMENT OF STATE

22 CFR Part 126

RIN 1400-AD41
[Public Notice 8409]

Amendment to the International Traffic in Arms Regulations: Libya 
and UNSCR 2095

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 update the defense trade policy regarding 
Libya to reflect resolution 2095 adopted by the United Nations Security 
Council.

DATES: This rule is effective August 5, 2013.

FOR FURTHER INFORMATION CONTACT: Ms. Sarah J. Heidema, Acting Director, 
Office of Defense Trade Controls Policy, U.S. Department of State, 
telephone (202) 663-2809, or email DDTCResponseTeam@state.gov. ATTN: 
Regulatory Change, Libya.

SUPPLEMENTARY INFORMATION: On March 14, 2013, the United Nations 
Security Council adopted resolution 2095 (``UNSCR 2095''), which 
further modified the arms embargo against Libya put in place by the 
adoption in February and March of 2011 of resolutions 1970 and 1973, 
respectively, and modified by resolutions 2009 and 2016, adopted in 
September and October of 2011, respectively (for previous ITAR 
amendments regarding Libya defense trade policy, see ``Amendment to the 
International Traffic in Arms Regulations: Libya,'' RIN 1400-AC83, 76 
FR 30001, and ``Amendment to the International Traffic in Arms 
Regulations: Libya and UNSCR 2009,'' RIN 1400-AC97, 76 FR 68313).
    UNSCR 2095 removed the requirement for member states to notify the 
Committee of the Security Council concerning Libya (``the Committee'') 
of exports of non-lethal military equipment, and the provision of any 
technical assistance or training, intended solely for security or 
disarmament assistance to the Libyan government. It also removed the 
requirement to seek the approval of the Committee for exports of non-
lethal military equipment, and related technical assistance or 
training, for humanitarian and protective use. The Department of State 
is amending ITAR Sec.  126.1(k) accordingly.

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. 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 towards Libya, notice 
and public procedure on this rule would be impracticable or 
unnecessary; for this reason also, this 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 Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess 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). These executive orders 
stress the importance of quantifying both costs and benefits, of 
reducing costs, of harmonizing rules, and of promoting flexibility. 
This rule has been designated a ``significant regulatory action,'' 
although not economically significant, under section 3(f) of Executive 
Order 12866. Accordingly, this rule has been reviewed by the Office of 
Management and Budget (OMB).

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 requirements of Executive Order 13175 do 
not apply to this rulemaking.

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.

[[Page 47180]]

List of Subjects in 22 CFR Part 126

    Arms and munitions, Exports.

    Accordingly, 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: 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 is amended by revising paragraph (k) to read as 
follows:

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

* * * * *
    (k) Libya. 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 Libya, except that a 
license or other approval may be issued, on a case-by-case basis, for:
    (1) Arms and related materiel intended solely for security or 
disarmament assistance to the Libyan government, notified to the 
Committee of the Security Council concerning Libya in advance and in 
the absence of a negative decision by the Committee within five working 
days of such a notification;
    (2) Non-lethal military equipment when intended solely for security 
or disarmament assistance to the Libyan government;
    (3) The provision of any technical assistance or training when 
intended solely for security or disarmament assistance to the Libyan 
government;
    (4) Small arms, light weapons, and related materiel temporarily 
exported to Libya for the sole use of United Nations personnel, 
representatives of the media, and humanitarian and development workers 
and associated personnel, notified to the Committee of the Security 
Council concerning Libya in advance and in the absence of a negative 
decision by the Committee within five working days of such a 
notification;
    (5) Non-lethal military equipment intended solely for humanitarian 
or protective use, and related technical assistance or training; or
    (6) Other sales or supply of arms and related materiel, or 
provision of assistance or personnel, as approved in advance by the 
Committee of the Security Council concerning Libya.
* * * * *

Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and International Security, 
Department of State.
[FR Doc. 2013-18940 Filed 8-2-13; 8:45 am]
BILLING CODE 4710-25-P
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