28602 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 

amended) extends the current reporting 

requirements—as well as the current 

exemption for regular importers and 

regular customers—to post-import and 

post-export transactions of List I and 

List II chemicals. With implementation 

of the Interim Final Rule with Request 

for Comment, importers, exporters, 

brokers, and traders are required to 

notify DEA, before the transaction is to 

take place, of certain information 

regarding their downstream customers. 

This person is referred to as the 

‘‘transferee’’ of the United States 

importer, exporter, broker or trader. 

Notification occurs on a new DEA Form 

486. If the transferee changes, or the 

quantity of the chemical is increased 

after initial notification to DEA, the 

importer, exporter, broker or trader must 

file an amended DEA Form 486 with 

DEA. Within 30 days after the 

importation, exportation, or 

international transaction is completed, 

the importer, exporter, broker, or trader 

must send DEA a return declaration 

containing information regarding the 

transaction. The requirements of section 

716 and the implementing regulations 

were discussed extensively in DEA’s 

Interim Final Rule with Request for 

Comment published April 9, 2007. This 

Interim Final Rule became effective May 

9, 2007. 

Comments Received 

Subsequent to publication of the 

Interim Final Rule, DEA received two 

written requests for a delay of the 

effective date of the rule, one from a 

national chemical association and the 

other from a large chemical company. 

Commenters indicated that more time 

was needed to fully comply with the 

provisions of the Interim Final Rule. 

Commenters also sought clarification 

regarding procedural implementation of 

the rule. DEA also received verbal 

communications from other 

organizations and individual registrants 

regarding procedural concerns and 

requests for clarification regarding the 

rule. 

Temporary Stay of Provisions 

After careful consideration of the 

concerns expressed by the regulated 

industry, DEA is temporarily staying 

certain provisions of the Interim Final 

Rule with Request for Comment 

published April 9, 2007. Specifically, 

DEA is temporarily staying the 

following provisions: 

• The waiver of the 15-day advance 

notification requirement for 

importations of a listed chemical for 

which the importer intends to transfer 

the listed chemical to a person who is 

a regular customer of the chemical; 

• The requirement that importers, 

exporters, brokers and traders notify 

DEA of the transferee of the listed 

chemical; 

• The requirement that importers, 

exporters, brokers and traders amend 

the advance notification (DEA Form 

486) if the transferee changes or the 

quantity of the chemical to be 

transferred increases; and 

• The requirement that importers, 

exporters, brokers and traders file return 

declarations regarding importations, 

exportations, and international 

transactions with DEA. 

These provisions are being 

temporarily stayed until June 8, 2007. 

This temporary stay applies only to 

those provisions implemented by 

section 716 of CMEA. All other 

provisions regarding the importation, 

exportation, and international 

transactions involving List I and List II 

chemicals remain in full force and 

effect. 

Implementation of the Interim Final 

Rule Published April 9, 2007 

The following implementation 

guidance is provided pursuant to the 

temporary stay of 21 CFR 

1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 

1313.17, 1313.26, 1313.27, 1313.32(d), 

1313.32(e), and 1313.35. 

Effective June 8, 2007, all United 

States importers, exporters, brokers and 

traders of List I and List II chemicals 

must use the revised DEA Form 486 to 

notify DEA of their imports, exports, 

and international transactions. This 

revised form is available on the 

Diversion Control Program Web site, 

http://www.deadiversion.usdoj.gov. 

Persons who submit import, export, 

and international transaction advance 

notifications to DEA on the new form 

prior to June 8, 2007, are not required 

to provide a return declaration to DEA 

regarding those transactions. 

Effective June 8, 2007, all persons 

previously granted regular importer 

status will no longer hold that status. 

Every import of a List I and List II 

chemical must be reported to DEA not 

later than 15 days prior to the proposed 

importation. This report must include 

the name of the person to whom the 

chemical is proposed to be transferred 

and the amount of the chemical 

proposed to be transferred. As DEA 

discussed in the April 9, 2007, Interim 

Final Rule, DEA will evaluate each 

proposed importation based not only on 

the chemical to be imported but on the 

transferee information supplied by the 

importer as well. This process will 

allow for the establishment of regular 

customer status by transferees of United 

States importers, and for establishment 

of regular importer status by importers 

importing a specific listed chemical 

intended for sale to a specific customer. 

Effective June 8, 2007, all persons 

importing, exporting, and conducting 

international transactions involving List 

I and List II chemicals must provide 

return declarations to DEA. 

Pursuant to the authority of the 

Attorney General to promulgate and 

enforce rules and regulations under the 

Controlled Substances Act (21 U.S.C. 

871(b)), as delegated to the Deputy 

Assistant Administrator of the Office of 

Diversion Control by 28 CFR Part 0, 

Appendix to Subpart R, section 7, 

effective May 22, 2007, through June 7, 

2007, the provisions of 21 CFR 

1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 

1313.17, 1313.26, 1313.27, 1313.32(d), 

1313.32(e), and 1313.35 are temporarily 

stayed. 

Dated: May 15, 2007. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control. 

[FR Doc. 07–2551 Filed 5–18–07; 8:59 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

[Public Notice: 5801] 

Amendment of the International Traffic 

in Arms Regulations: Policy With 

Respect to Somalia 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: Notice is hereby given that 

the Department of State is amending the 

International Traffic in Arms 

Regulations (ITAR) regarding Somalia at 

22 CFR 126.1 to make it United States 

policy to consider on a case-by-case 

basis licenses, or other approvals, for 

exports of defense articles and defense 

services destined for Somalia that 

conform to the provisions of United 

Nations Security Council resolution 

1744, which amends United Nations 

Security Council resolution 733. The 

United States will deny licenses, other 

approvals, exports or imports of defense 

articles and defense services destined 

for or originating in Somalia that do not 

conform to the provisions of the 

resolution. 

EFFECTIVE DATE: This rule is effective 

upon publication of this Federal 

Register Notice. 

ADDRESSES: Interested parties may 

submit comments at any time by any of 

the following methods: 


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Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 28603 

• E-mail: 

DDTCResponseTeam@state.gov with an 

appropriate subject line. 

• Mail: Department of State, 

Directorate of Defense Trade Controls, 

Office of Defense Trade Controls Policy, 

ATTN: Regulatory Change, 12th Floor, 

SA–1, Washington, DC 20522–0112. 

• Fax: 202–261–8199. 

• Hand Delivery or Courier (regular 

work hours only): Department of State, 

Directorate of Defense Trade Controls, 

Office of Defense Trade Controls Policy, 

ATTENTION: Regulatory Change, SA–1, 

12th Floor, 2401 E Street, NW., 

Washington, DC 20037. 

Persons with access to the Internet 

may also view this notice by going to 

the regulations.gov Web site at: http:// 

www.regulations.gov/index.cfm. 

FOR FURTHER INFORMATION CONTACT: Ann 

K. Ganzer, Office of Defense Trade 

Controls Policy, Department of State, 

12th Floor, SA–1, Washington, DC 

20522–0112; Telephone 202–663–2792 

or FAX 202–261–8199; e-mail: 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change. 

SUPPLEMENTARY INFORMATION: On 

February 20, 2007, the United Nations 

Security Council (UNSC) adopted 

resolution 1744 which, inter alia, 

amends the complete embargo on 

weapons and military equipment 

imposed by UNSC resolution (UNSCR) 

733 (1992). In resolution 1744, the 

UNSC decided that the embargo shall no 

longer apply to the export to Somalia of 

weapons and military equipment, 

technical training, and assistance when 

intended solely for either of two 

purposes: (1) Support for the African 

Union Mission to Somalia (AMISOM), 

an effort to establish an initial 

stabilization phase in Somalia, and (2) 

support for the purpose of helping 

develop security sector institutions in 

Somalia that further the objectives of 

peace, stability and reconciliation in 

Somalia. Proposed exports for the latter 

purpose will require advance 

notification by the United States 

Government to the UN Somalia 

Sanctions Committee and the absence of 

a negative decision by that Committee. 

In addition, exemptions from licensing 

requirements may not be used with 

respect to exports to Somalia without 

prior written authorization by the 

Directorate of Defense Trade Controls. 

To implement this new policy the 

ITAR is amended in the following 

manner: the specific reference to 

Somalia in 126.1(a) is removed, and all 

relevant information pertaining to 

Somalia is set forth in a new paragraph 

(m) in Section 126.1. 

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 required by 5 U.S.C. 553 and 

554. 

Regulatory Flexibility Act 

This rule does not require analysis 

under the Regulatory Flexibility Act. 

Unfunded Mandates Act of 1995 

This rule does not require analysis 

under the Unfunded Mandates Reform 

Act. 

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. It 

will not have substantial direct effects 

on the States, the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

Executive Orders 12372 and 13132 

It is determined that this rule does not 

have sufficient federalism implications 

to warrant application of the 

consultation provisions of Executive 

Orders 12372 and 13132. 

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. 

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 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: 

■ 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); E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp., p. 79; 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. 

■ 2. Section 126.1 is amended by 

revising paragraph (a) to read as follows 

and adding paragraph (m): 

§ 126.1 Prohibited exports and sales to 

certain countries. 

(a) General. It is the policy of the 

United States to deny licenses and other 

approvals for exports and imports of 

defense articles and defense services, 

destined for or originating in certain 

countries. This policy applies to 

Belarus, Cuba, Iran, North Korea, Syria, 

and Venezuela. This policy also applies 

to countries with respect to which the 

United States maintains an arms 

embargo (e.g., Burma, China, Liberia, 

and Sudan) or whenever an export 

would not otherwise be in furtherance 

of world peace and the security and 

foreign policy of the United States. 

Information regarding certain other 

embargoes appears elsewhere in this 

section. Comprehensive arms embargoes 

are normally the subject of a State 

Department notice published in the 

Federal Register. The exemptions 

provided in the regulations in this 

subchapter, except § 123.17 of this 

subchapter, do not apply with respect to 

articles originating in or for export to 

any proscribed countries, areas, or 

persons in this § 126.1. 

* * * * * 

(m) Somalia. It is the policy of the 

United Sates to deny licenses, or other 

approvals, for exports or imports of 

defense articles and defense services 

destined for or originating in Somalia. A 

denial policy will remain for exports or 

imports of defense articles and defense 

services destined for or originating in 

Somalia except, on a case-by-case basis, 

for defense articles and defense services 

intended solely for: 

(1) Support for the African Union 

Mission to Somalia (AMISOM), and 

(2) Support for the purpose of helping 

develop security sector institutions in 

Somalia that further the objectives of 

peace, stability and reconciliation in 

Somalia, after advance notification of 

the proposed export by the United 

States Government to the UN Somalia 

Sanctions Committee and the absence of 

a negative decision by that committee. 

Exemptions from the licensing 

requirement may not be used with 

respect to any export to Somalia unless 

specifically authorized in writing by the 

Directorate of Defense Trade Controls. 

Dated: April 27, 2007. 

Stephen D. Mull, 

Acting Assistant Secretary for PoliticalMilitary Affairs, Department of State. 

[FR Doc. E7–9860 Filed 5–21–07; 8:45 am] 

BILLING CODE 4710–25–P 


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