[Federal Register Volume 62, Number 221 (Monday, November 17, 1997)]
[Rules and Regulations]
[Pages 61232-61235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29595]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 47

[T.D. ATF-393; 97-455]
RIN: 1512-AB62


Removal of Restrictions on Importation of Defense Articles From 
Specified New Independent States of the Former Soviet Union and 
Yugoslavia and To Amend the Term ``Military Firearms and Ammunition''

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Final rule (Treasury decision).

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SUMMARY: This final rule removes the following States of the former 
Soviet Union from the list of countries from which the import of 
defense articles into the United States is proscribed: Georgia, 
Kazakstan, Kyrgyzstan, Moldova, Russian Federation, Turkmenistan, 
Ukraine, and Uzbekistan. The rule also restricts the importation of 
certain firearms and ammunition located or manufactured in any of the 
above countries or previously manufactured in the Soviet Union to 
conform to limitations contained in an agreement between the United 
States and the Russian Federation and in accordance with advice from 
the Department of State. The final rule specifies the firearms that are 
allowed to be imported from these countries as well as ammunition that 
may not be imported from these countries. The final rule also revises 
the list of proscribed countries to reflect the lifting of the embargo 
on importation of defense articles and defense services from the states 
of the former Yugoslavia, except for Serbia and Montenegro. Finally, 
the regulations are being revised to require applications to import 
parts of military firearms or ammunition of United States manufacture 
to be submitted with statements certifying that the parts were not 
furnished to a foreign government under a foreign assistance or sales 
program of the United States.


[[Page 61233]]


DATES: The amendments to 27 CFR 47.52 are effective November 17, 1997. 
The amendment to 27 CFR 47.52(c) was effective December 20, 1996.
    Applicability dates. Removal of the Russian Federation from the 
list of proscribed countries was applicable April 5, 1996. Removal of 
Georgia, Kazakstan, Kyrgyzstan, Moldova, Turkmenistan, and Uzbekistan 
was applicable August 12, 1996. Removal of Ukraine was applicable 
September 10, 1996. Lifting of the embargo on importation of defense 
articles, other than heavy weapons, ammunition therefor, mines, 
military aircraft and helicopters from a number of the states of the 
country formerly known as Yugoslavia was applicable March 14, 1996. 
Lifting of restrictions on the importation of the remainder of defense 
articles and defense services from a number of the states of the former 
Yugoslavia was applicable July 12, 1996.

FOR FURTHER INFORMATION CONTACT: Scott Mendoza, Specialist, Firearms 
and Explosives Imports Branch, Bureau of Alcohol, Tobacco and Firearms, 
650 Massachusetts Avenue NW., Washington, DC 20226, (202) 927-8320.

SUPPLEMENTARY INFORMATION: The Arms Export Control Act of 1976 (AECA), 
22 U.S.C. 2778, gives the President of the United States the authority 
to control the import and export of defense articles and defense 
services.
    Executive Order 11958 of January 18, 1977, as amended (42 FR 4311), 
delegated the authority to control exports of defense articles and 
defense services to the Secretary of State. The Executive Order also 
delegated to the Secretary of the Treasury the authority to control the 
import of such articles and services. However, as stated in 27 CFR 
47.55, ATF is guided by the views of the Departments of State and 
Defense on matters affecting world peace and the external security and 
foreign policy of the United States.

New Independent States of the Former Soviet Union

    By letter dated April 5, 1996, the Secretary of State advised the 
Director, ATF, that, under the authority of Section 38 of the AECA it 
is no longer the policy of the United States to deny licenses, other 
approvals, exports and imports of defense articles and defense services 
destined for or originating in the Russian Federation (Russia). The 
State Department requested that the Director implement this decision 
immediately with respect to his authority over imports under Section 38 
of the AECA and amend the regulation at 27 CFR 47.52(a) to reflect this 
change in foreign policy. On April 29, 1996, ATF published in the 
Federal Register a Statement of Policy announcing this change in 
foreign policy (Notice No. 821, 61 FR 18678).
    The April 5, 1996, letter also informed ATF that an agreement 
between the United States and the Russian Federation on exports of 
firearms and ammunition from the Russian Federation to the United 
States (the Agreement) was signed on April 3, 1996, and entered into 
force on that date. The letter stated that carrying out such an 
agreement and keeping out unacceptable types of munitions from the 
United States are United States foreign policy concerns. On this basis, 
the State Department advised the Department of the Treasury to exercise 
its authority under the AECA by denying applications to import firearms 
and ammunition located or manufactured in Russia or previously 
manufactured in the Soviet Union that would be inconsistent with the 
Agreement. The State Department advised Treasury that the foregoing did 
not apply to conditional imports of firearms and ammunition that would 
serve as samples for purposes of determining whether the items are of a 
type authorized for importation under the Agreement.
    The Agreement provides that Russia shall not allow the exportation 
to the United States of firearms other than those specified in Annex A 
to the Agreement and will prohibit exportation to the United States of 
ammunition specified in Annex B to the Agreement. The Agreement also 
provides that new types of firearms and ammunition manufactured after 
February 9, 1996, may not be exported by Russia under the Agreement 
unless the parties agree in writing to amend the Agreement accordingly. 
The Agreement, including Annexes A and B, was published in its entirety 
in Notice No. 821.
    By letter dated June 24, 1996, the Secretary of State requested 
that ATF deny applications to import firearms located or manufactured 
in the non-Russian newly independent states of the former Soviet Union 
(NIS) that are not listed in Annex A to the Agreement, once those 
countries have been removed from the proscribed countries list. The 
letter further requested that ATF deny applications to import 
ammunition located or manufactured in the non-Russian NIS that is 
listed in Annex B to the Agreement, once those countries have been 
removed from the proscribed countries list. The letter stated that, for 
purposes of this request, the non-Russian NIS should be considered as 
Armenia, Azerbaijan, Belarus, Georgia, Kazakstan, Kyrgyzstan, Moldova, 
Tajikistan, Turkmenistan, Ukraine and Uzbekistan. The letter advised 
that the State Department would notify ATF when a decision had been 
made to remove from the list of proscribed countries any of the NIS 
listed above.
    By letter dated August 12, 1996, the Secretary of State notified 
the Director, ATF, that the State Department had removed Georgia, 
Kazakstan, Kyrgyzstan, Moldova, Turkmenistan, and Uzbekistan from the 
list of proscribed countries in 22 CFR Part 126. The letter stated that 
it is no longer the policy of the United States to deny licenses or 
other approvals for exports and imports of defense articles and defense 
services destined for or originating in these countries, except as 
provided in the June 24, 1996, letter. Consistent with ATF's authority 
over the importation of defense articles and defense services, the 
Secretary of State requested that ATF amend the list of proscribed 
countries in 27 CFR Part 47 to reflect this change in foreign policy.
    By letter dated September 10, 1996, the Secretary of State advised 
the Director, ATF, that the Department of State had removed Ukraine 
from the list of proscribed countries in 22 CFR Part 126. The letter 
stated that it is no longer the policy of the United States to deny 
licenses or other approvals for exports and imports of defense articles 
and defense services destined for or originating in Ukraine, except as 
provided in the June 24, 1996, letter. The letter requested that ATF 
exercise its authority over the importation of defense articles and 
defense services and amend 27 CFR Part 47 to reflect this change in 
foreign policy.
    The regulations in 27 CFR 47.52 have been amended to remove all the 
above NIS from the list of countries from which defense articles and 
defense services may not be imported. The regulations have also been 
amended to indicate that firearms may be imported from these countries 
only if they are listed in Annex A to the Agreement and that ammunition 
may be imported only if it is not listed in Annex B to the Agreement. 
The regulations also provide that firearms and ammunition manufactured 
in the NIS may not be imported from any location unless they are listed 
in Annex A, in the case of firearms, or not listed in Annex B, in the 
case of ammunition.

[[Page 61234]]

Importation of Defense Articles and Defense Services From States of the 
Former Yugoslavia

    The States of Bosnia and Herzegovena, Croatia, Federal Republic of 
Yugoslavia (Serbia and Montenegro), Macedonia, and Slovenia were 
created with the dissolution of Yugoslavia.
    Effective March 14, 1996, the Department of State announced a 
partial lifting of the suspension of licenses and approvals to export 
or otherwise transfer defense articles and defense services to the 
states of the former Yugoslavia, except Serbia and Montenegro, pursuant 
to section 38 of the AECA. The Department of State advised ATF that the 
suspension remained in place for all states of the former Yugoslavia 
with regard to importation of heavy weapons, ammunition therefor, 
mines, military aircraft and helicopters.
    The Department of State subsequently advised ATF that, effective 
July 12, 1996, the remainder of the restrictions on importation of 
defense articles and defense services from the states of the former 
Yugoslavia, except Serbia and Montenegro, had been lifted (See 61 FR 
36625, July 12, 1996). The State Department amended its regulations 
concerning exports of defense articles and defense services and 
requested that ATF amend the regulations in 27 CFR Part 47 to reflect 
this change in foreign policy.
    The list of proscribed countries in 27 CFR 47.52(a) is being 
revised to replace the listing of Yugoslavia with the names of the 
former states still subject to import restrictions, i.e., the Federal 
Republic of Yugoslavia (Serbia and Montenegro). Accordingly, ATF will 
approve applications to import defense articles from Bosnia and 
Herzegovena, Croatia, Macedonia, and Slovenia.

Importation of Parts of Military Firearms or Ammunition of United 
States Manufacture

    By letter dated December 20, 1996, the Department of State 
requested that ATF amend the regulations in 27 CFR 47.57(c) to require 
that applications to import parts of military firearms or ammunition of 
United States manufacture include statements certifying that the parts 
were not furnished to a foreign government under a foreign assistance 
or sales program of the United States. The letter advised ATF that the 
Department of State believes that the importation of such parts must be 
subject to their review to be consistent with the law and Department of 
State policy.
    The regulations in 27 CFR 47.57(c) are being revised to delete the 
current exemption for component parts of firearms and ammunition.

Executive Order 12866

    Because the amendments to 27 CFR Part 47 involve a foreign affairs 
function of the United States, Executive Order 12866 does not apply.

Administrative Procedure Act

    Under 27 CFR 47.54, amendments made to 27 CFR Part 47 are excluded 
from the rulemaking provisions of 5 U.S.C. 553 because this Part 
involves a foreign affairs function of the United States. Accordingly, 
it is not necessary to issue this Treasury Decision with notice and 
public procedure thereon under 5 U.S.C. 553(b) or subject to the 
effective date limitations in 5 U.S.C. 553(d).

Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act relating to an 
initial and final regulatory flexibility analysis are not applicable to 
this final rule because the agency was not required to publish a 
general notice of proposed rulemaking under 5 U.S.C. 553 or any other 
law.

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1995, Public Law. 
104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR 
Part 1320, do not apply to this final rule because no requirement to 
collect information is imposed.

Compliance With 5 U.S.C. Chapter 8

    In accordance with 5 U.S.C. 808(2), ATF has found that, consistent 
with guidance from the Department of State and for reasons of the 
foreign policy of the United States, notice and public procedure under 
5 U.S.C. 801 are unnecessary, impracticable, and contrary to the public 
interest.

Drafting Information

    The principal author of this document is Scott Mendoza, Specialist, 
Firearms and Explosives Imports Branch, Bureau of Alcohol, Tobacco and 
Firearms.

List of Subjects in 27 CFR Part 47

    Administrative practice and procedure, Arms and munitions, Arms 
control, Authority delegation, Chemicals, Customs duties and 
inspection, Imports, Penalties, Reporting and recordkeeping 
requirements, Scientific equipment, Seizures and forfeitures.

Authority and Issuance

    Accordingly, 27 CFR Part 47 is amended as follows:

PART 47--IMPORTATION OF ARMS, AMMUNITION AND IMPLEMENTS OF WAR

    Paragraph 1. The authority citation for Part 47 continues to read 
as follows:

    Authority: 22 U.S.C. 2778.

    Par. 2. Section 47.52 is amended by revising paragraph (a); by 
redesignating paragraphs (b), (c), and (d) as paragraphs (d), (e), and 
(f); by removing ``paragraph (c)'' in the first sentence of 
redesignated paragraph (f) and adding in its place ``paragraph (e)''; 
and by adding new paragraphs (b) and (c) to read as follows:


Sec. 47.52  Import restrictions applicable to certain countries.

    (a) It is the policy of the United States to deny licenses and 
other approvals with respect to defense articles and defense services 
originating in certain countries or areas. This policy applies to Cuba, 
Iran, Iraq, Libya, Mongolia, North Korea, Sudan, Syria, Vietnam, and 
some of the states that comprised the former Soviet Union (Armenia, 
Azerbaijan, Belarus, and Tajikistan). This policy applies to countries 
or areas with respect to which the United States maintains an arms 
embargo (e.g., Burma, China, the Federal Republic of Yugoslavia (Serbia 
and Montenegro), Haiti, Liberia, Rwanda, Somalia, Sudan, UNITA 
(Angola), and Zaire). It also applies when an import would not be in 
furtherance of world peace and the security and foreign policy of the 
United States.

    Note: Changes in foreign policy may result in additions to and 
deletions from the above list of countries. The ATF will publish 
changes to this list in the Federal Register. Contact the Firearms 
and Explosives Imports Branch at (202) 927-8320 for current 
information.

    (b) Notwithstanding paragraph (a) of this section, the Director 
shall deny applications to import into the United States the following 
firearms and ammunition:
    (1) Any firearm located or manufactured in Georgia, Kazakstan, 
Kyrgyzstan, Moldova, Russian Federation, Turkmenistan, Ukraine, or 
Uzbekistan, and any firearm previously manufactured in the Soviet 
Union, that is not one of the models listed below:
    (i) Pistols/Revolvers:
    (A) German Model P08 Pistol.
    (B) IZH 34M, .22 caliber Target Pistol.
    (C) IZH 35M, .22 caliber Target Pistol.
    (D) Mauser Model 1896 Pistol.
    (E) MC-57-1 Pistol.
    (F) MC-1-5 Pistol.
    (G) Polish Vis Model 35 Pistol.
    (H) Soviet Nagant Revolver.
    (I) TOZ 35, .22 caliber Target Pistol.

[[Page 61235]]

    (ii) Rifles:
    (A) BARS-4 Bolt Action Carbine.
    (B) Biathlon Target Rifle, .22LR caliber.
    (C) British Enfield Rifle.
    (D) CM2, .22 caliber Target Rifle (also known as SM2, 22 caliber).
    (E) German Model 98K Rifle.
    (F) German Model G41 Rifle.
    (G) German Model G43 Rifle.
    (H) IZH-94.
    (I) LOS-7 Bolt Action Rifle.
    (J) MC-7-07.
    (K) MC-18-3.
    (L) MC-19-07.
    (M) MC-105-01.
    (N) MC-112-02.
    (O) MC-113-02.
    (P) MC-115-1.
    (Q) MC-125/127.
    (R) MC-126.
    (S) MC-128.
    (T) Saiga Rifle.
    (U) Soviet Model 38 Carbine.
    (V) Soviet Model 44 Carbine.
    (W) Soviet Model 91/30 Rifle.
    (X) TOZ 18, .22 caliber Bolt Action Rifle.
    (Y) TOZ 55.
    (Z) TOZ 78.
    (AA) Ural Target Rifle, .22LR caliber.
    (BB) VEPR Rifle.
    (CC) Winchester Model 1895, Russian Model Rifle;
    (2) Ammunition located or manufactured in Georgia, Kazakstan, 
Kyrgyzstan, Moldova, Russian Federation, Turkmenistan, Ukraine, or 
Uzbekistan, and ammunition previously manufactured in the Soviet Union, 
that is 7.62X25mm caliber (also known as 7.63X25mm caliber or .30 
Mauser); or
    (3) A type of firearm the manufacture of which began after February 
9, 1996.
    (c) The provisions of paragraph (b) of this section shall not 
affect the fulfillment of contracts with respect to firearms or 
ammunition entered or withdrawn from warehouse for consumption in the 
United States on or before February 9, 1996.
* * * * *
    Par. 3. Section 47.57(c) is amended by removing the last sentence.

    Signed: August 22, 1997.
John W. Magaw,
Director.
Approved: August 29, 1997.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary, (Regulatory, Tariff and Trade 
Enforcement).
[FR Doc. 97-29595 Filed 11-14-97; 8:45 am]
BILLING CODE 4810-31-P