[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Rules and Regulations]
[Pages 67274-67278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33649]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Parts 120, 123, 124, 126, 127, and 129

[Public Notice 2602]


Bureau of Political-Military Affairs; Amendments to the 
International Traffic in Arms Regulations

AGENCY: Department of State.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends certain provisions of the International 
Traffic in Arms Regulations (ITAR) in order to reflect recent changes 
to the Arms Export Control Act (AECA).

EFFECTIVE DATE: December 24, 1997.

FOR FURTHER INFORMATION CONTACT: Mary F. Sweeney, Compliance and 
Enforcement Branch, Office of Defense Trade Controls, Bureau of 
Political-Military Affairs, Department of State (703) 875-6644.

SUPPLEMENTARY INFORMATION: Section 1045(a) of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201) added a new 
paragraph 12 to section 36(a) of the AECA requiring a report on all 
concluded agreements involving coproduction or licensed production 
outside of the United States of defense articles of United States 
origin.
    Section 141 of the Defense and Security Assistance Improvements Act 
of 1996 (Public Law 104-164) amended and restated the requirements in 
section 36(c) and (d) of the AECA for certification to Congress of 
certain proposed exports and technical assistance or manufacturing 
license agreements, generally reducing the time for transfers involving 
member countries of the North Atlantic Treaty Organization, Australia, 
Japan and New Zealand.
    Section 151 of Public Law 104-164 added a new clause (ii) to 
Subsection (b)(1)(A) of section 38 of the AECA requiring the 
registration and licensing of persons who engage in the business of 
brokering activities of defense articles and defense services.
    Section 156 of Public Law 104-164 amended section 38(e) of the 
AECA, providing that certain types of information shall not be withheld 
from public disclosure unless the President

[[Page 67275]]

determines that the release of such information would be contrary to 
the national interest.
    Section 144 of Public Law 104-164 amended and restated certain 
definitions contained in Section 47 of the AECA.
    The civil penalty amount is in accordance with 22 U.S.C. 2778, 
2779a and 2780.
    In order to ensure consistent application of the ITAR as provided 
in law, Parts 120, 123, 124, 126, and 127 are being amended and a new 
Part 129 is being established.
    Part 129 contains guidance concerning persons required to register 
as brokers and the types of brokering activities that require prior 
approval of the Department of State. As a general matter, any person in 
the United States or otherwise subject to U.S. jurisdiction who is in 
the business of brokering transfers of defense articles or services is 
required to register and pay a fee. This would include for example, 
persons who act as agents for others in arranging arms deals, as well 
as so-called finders and other persons who facilitate such deals. 
Certain exemptions to this requirement are also established, however, 
such as persons exclusively in the business of financing or 
transporting defense articles whose business activities do not include 
brokering arms deals. Certain prohibitions are also established in Part 
129 concerning brokering activities associated with defense articles 
and defense services involving ineligible countries or persons, such as 
those countries for which the United States maintains an arms embargo 
and those persons debarred from receiving U.S. munitions licenses owing 
to previous violations of U.S. law. Part 129 identifies those 
circumstances or defense articles for which either prior written 
approval by, or prior notification to, the Department of State is 
necessary, and also specifies exemptions to these requirements. 
Further, Part 129 provides a procedure by which persons may seek 
guidance from the Department of State in respect to the possible 
application of these requirements to their activities.
    These amendments involve a foreign affairs function of the United 
States. They are excluded from review under Executive Order 12866 (69 
FR 51735) and 9 U.S.C. 553 and 554, but have been reviewed internally 
by the Department to ensure consistency with the purposes thereof.
    In accordance with 5 U.S.C. 808, as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (the ``Act''), the 
Department of State has found for foreign policy reasons that notice 
and public procedure under section 251 of the Act is impracticable and 
contrary to the public interest. However, interested parties are 
invited to submit written comments to the Department of State, Office 
of Defense Trade Controls, ATTN: Regulatory Change, Room 200, SA-6, 
Washington, D.C. 20520-0602.

List of Subjects

22 CFR Part 120

    Arms and munitions, Exports, Technical assistance.

22 CFR Part 123

    Arms and munitions, Exports, Technical assistance.

22 CFR Part 124

    Arms and munitions, Exports, Technical assistance.

22 CFR Part 126

    Arms and munitions, Exports.

22 CFR Part 127

    Arms and munitions, Exports.

22 CFR Part 129

    Arms and munitions, Exports, Technical assistance.

    Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, Parts 120, 123, 124, 126 and 127 are amended and Part 129 
is established as follows:

PART 120--PURPOSE AND DEFINITIONS

    1. The authority citation for part 120 is revised to read as 
follows:

    Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2797); 22 U.S.C. 2794; E.O. 11958, 42 FR 4311; 3 
CFR, 1977 Comp. p. 79; 22 U.S.C. 2658.

    2. In Sec. 120.7 paragraph (a) is revised to read as follows:


Sec. 120.7  Significant military equipment.

    (a) Significant military equipment means articles for which special 
export controls are warranted because of their capacity for substantial 
military utility or capability.
* * * * *
    3. Section 120.9 is revised to read as follows:


Sec. 120.9  Defense service.

    (a) Defense service means:
    (1) The furnishing of assistance (including training) to foreign 
persons, whether in the United States or abroad in the design, 
development, engineering, manufacture, production, assembly, testing, 
repair, maintenance, modification, operation, demilitarization, 
destruction, processing or use of defense articles;
    (2) The furnishing to foreign persons of any technical data 
controlled under this subchapter (see Sec. 120.10), whether in the 
United States or abroad; or
    (3) Military training of foreign units and forces, regular and 
irregular, including formal or informal instruction of foreign persons 
in the United States or abroad or by correspondence courses, technical, 
educational, or information publications and media of all kinds, 
training aid, orientation, training exercise, and military advice. (See 
also Sec. 124.1.)
    (b) [Reserved]

PART 123--LICENSES FOR THE EXPORT OF DEFENSE ARTICLES

    4. The authority citation for part 123 is revised to read as 
follows:

    Authority: Secs. 2 and 38, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778); 22 U.S.C. 2753; E.O. 11958, 42 FR 4311; 3 CFR 
1977 Comp. 79; 22 U.S.C. 2658.

    5. Section 123.15 is revised to read as follows:


Sec. 123.15  Congressional notification for licenses.

    (a) All exports of major defense equipment, as defined in 
Sec. 120.8 of this subchapter, sold under a contract in the amount of 
$14,000,000 or more, or exports of defense articles and defense 
services sold under a contract in the amount of $50,000,000 or more, 
may take place only after the Office of Defense Trade Controls notifies 
the exporter through issuance of a license or other approval that 
Congress has not enacted a joint resolution prohibiting the export and:
    (1) In the case of a license for an export to the North Atlantic 
Treaty Organization, any member country of that Organization, or 
Australia, Japan or New Zealand, 15 calendar days have elapsed since 
receipt by the Congress of the certification required by 22 U.S.C. 
2776(c)(1); or
    (2) In the case of a license for an export to any other 
destination, 30 calendar days have elapsed since receipt by the 
Congress of the certification required by 22 U.S.C. 2776(c)(1).
    (b) Persons who intend to export defense articles and defense 
services pursuant to any exemption in this subchapter (e.g., Sec. 126.5 
of this subchapter) under the circumstances described in the first 
sentence of paragraph (a) of this section must notify the Office of 
Defense Trade Controls by letter of the intended export and, prior to 
transmittal to Congress, provide a

[[Page 67276]]

signed contract and a DSP-83 signed by the applicant, the foreign 
consignee and end-user.

PART 124--AGREEMENTS, OFF-SHORE PROCUREMENT AND OTHER DEFENSE 
SERVICES

    6. The authority citation for Part 124 continues to read as 
follows:

    Authority: Secs. 2, 38 and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2797); E.O. 11958, 42 FR 4311; 3 CFR 1977 Comp. 
p. 79; 22 U.S.C. 2658.

    7. Section 124.4 is revised to read as follows:


Sec. 124.4  Deposit of signed agreements with the Office of Defense 
Trade Controls.

    (a) The United States party to a manufacturing license or a 
technical assistance agreement must file one copy of the concluded 
agreement with the Office of Defense Trade Controls not later than 30 
days after it enters into force. If the agreement is not concluded 
within one year of the date of approval, the Office of Defense Trade 
Controls must be notified in writing and be kept informed of the status 
of the agreement until the requirements of this paragraph or the 
requirements of ( 124.5 are satisfied.
    (b) In the case of concluded agreements involving coproduction or 
licensed production outside of the United States of defense articles of 
United States origin, a written statement must accompany filing of the 
concluded agreement with the Office of Defense Trade Controls, which 
shall include:
    (1) The identity of the foreign countries, international 
organization, or foreign firms involved;
    (2) A description and the estimated value of the articles 
authorized to be produced, and an estimate of the quantity of the 
articles authorized to be produced:
    (3) A description of any restrictions on third-party transfers of 
the foreign-manufactured articles; and
    (4) If any such agreement does not provide for United States access 
to and verification of quantities of articles produced overseas and 
their disposition in the foreign country, a description of alternative 
measures and controls to ensure compliance with restrictions in the 
agreement on production quantities and third-party transfers.
    8. Section 124.11 is revised to read as follows:


Sec. 124.11  Certification to Congress for agreements.

    Regardless of dollar value, a Technical Assistance Agreement or a 
Manufacturing License Agreement that involves the manufacture abroad of 
any item of significant military equipment (as defined in Sec. 120.7 of 
this subchapter) shall be certified to Congress by the Department as 
required by 22 U.S.C. 2776(d). Additionally, any technical assistance 
agreement or manufacturing license agreement providing for the export 
of major defense equipment, as defined in Sec. 120.8, sold under a 
contract in the amount of $14 million or more, or of defense articles 
or defense services sold under a contract in the amount of $50 million 
or more, shall be certified to Congress by the Department as required 
by 22 U.S.C. 2776(c)(1). The Office of Defense Trade Controls will not 
approve agreements requiring Congressional notification unless Congress 
has not enacted a joint resolution prohibiting the agreement and:
    (a) In the case of an agreement for or in a country which is a 
member of the North Atlantic Treaty Organization or Australia, Japan, 
or New Zealand, at least 15 calendar days have elapsed since receipt by 
the Congress of the certification required by 22 U.S.C. 2776(d); or
    (b) In the case of an agreement for or in any other country, at 
least 30 calendar days have elapsed since receipt by the Congress of 
the certification required by 22 U.S.C. 2776(d).

PART 126--GENERAL POLICIES AND PROVISIONS

    9. The authority citation for Part 126 is revised 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. 2778; 
E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C. 2658; 22 
U.S.C. 287c; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899.

    10. In Sec. 126.10 paragraph (b) is revised to read as follows:


Sec. 126.10  Disclosure of information.

* * * * *
    (b) Determinations required by law. Section 38(e) of the Arms 
Export Control Act (22 U.S.C. 2778) provides by reference to certain 
procedures of the Export Administrative Act that certain information 
required by the Department of State in connection with the licensing 
process may generally not be disclosed to the public unless certain 
determinations relating to the national interest are made in accordance 
with the procedures specified in that provision, except that the names 
of the countries and the types and quantities of defense articles for 
which licenses are issued under this section shall not be withheld from 
public disclosure unless the President determines that release of such 
information would be contrary to the national interest. Determinations 
required by section 38(e) shall be made by the Assistant Secretary for 
Political-Military Affairs.
* * * * *

PART 127--VIOLATIONS AND PENALTIES

    11. The authority citation for part 127 is revised to read as 
follows:

    Authority: Secs. 2, 38, and 42, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2791); E.O. 11958, 42 FR 4311, 3 CFR, 1977 Comp., 
p. 79; 22 U.S.C. 401; 22 U.S.C. 2658; 22 U.S.C. 2779a; 22 U.S.C. 
2780.

    12. In Sec. 127.10 paragraph (a) is revised to read as follows:


Sec. 127.10  Civil penalty.

    (a) The Assistant Secretary of State for Political-Military 
Affairs, Department of State, is authorized to impose a civil penalty 
in an amount not to exceed that authorized by 22 U.S.C. 2778, 2779a and 
2780 for each violation of 22 U.S.C. 2778, 2779a and 2780, or any 
regulation, order, license or approval issued thereunder. This civil 
penalty may be either in addition to, or in lieu of, any other 
liability or penalty which may be imposed.
* * * * *
    13. Part 129 is added to read as follows:

PART 129--REGISTRATION AND LICENSING OF BROKERS

Sec.
129.1  Purpose.
129.2  Definitions.
129.3  Requirement to register.
129.4  Registration statement and fees.
129.5  Policy on embargoes and other proscriptions.
129.6  Requirement for license/approval.
129.7  Prior approval (license).
129.8  Prior notification.
129.9  Reports.
129.10  Guidance.

    Authority: Sec. 38, Pub. L. 104-164, 110 Stat. 1437, (22 U.S.C. 
2778).


Sec. 129.1  Purpose.

    Section 38(b)(1)(A)(ii) of the Arms Export Control Act (22 U.S.C. 
2778) provides that persons engaged in the business of brokering 
activities shall register and pay a registration fee as prescribed in 
regulations, and that no person may engage in the business of brokering 
activities without a license issued in accordance with the Act.


Sec. 129.2  Definitions.

    (a) Broker means any person who acts as an agent for others in 
negotiating or

[[Page 67277]]

arranging contracts, purchases, sales or transfers of defense articles 
or defense services in return for a fee, commission, or other 
consideration.
    (b) Brokering activities means acting as a broker as defined in 
Sec. 129.2(a), and includes the financing, transportation, freight 
forwarding, or taking of any other action that facilitates the 
manufacture, export, or import of a defense article or defense service, 
irrespective of its origin. For example, this includes, but is not 
limited to, activities by U.S. persons who are located inside or 
outside of the United States or foreign persons subject to U.S. 
jurisdiction involving defense articles or defense services of U.S. or 
foreign origin which are located inside or outside of the United 
States. But, this does not include activities by U.S. persons that are 
limited exclusively to U.S. domestic sales or transfers (e.g., not for 
export or re-transfer in the United States or a foreign person).
    (c) The term ``foreign defense article or defense service'' 
includes any non-United States defense article or defense service of a 
nature described on the United States Munitions List regardless of 
whether such article or service is of United States origin or whether 
such article or service contains United States origin components.


Sec. 129.3  Requirement to Register.

    (a) Any U.S. person, wherever located, and any foreign person 
located in the United States or otherwise subject to the jurisdiction 
of the United States (notwithstanding Sec. 120.1(c)), who engages in 
the business of brokering activities (as defined in this part) with 
respect to the manufacture, export, import, or transfer of any defense 
article or defense service subject to the controls of this subchapter 
(see Sec. 121) or any ``foreign defense article or defense service'' 
(as defined in Sec. 129.2) is required to register with the Office of 
Defense Trade Controls.
    (b) Exemptions. Registration under this section is not required 
for:
    (1) Employees of the United States Government acting in official 
capacity.
    (2) Employees of foreign governments or international organizations 
acting in official capacity.
    (3) Persons exclusively in the business of financing, transporting, 
or freight forwarding, whose business activities do not also include 
brokering defense articles or defense services. For example, air 
carriers and freight forwarders who merely transport or arrange 
transportation for licensed United States Munitions List items are not 
required to register, nor are banks or credit companies who merely 
provide commercially available lines or letters of credit to persons 
registered in accordance with Part 122 of this subchapter required to 
register. However, banks, firms, or other persons providing financing 
for defense articles or defense services would be required to register 
under certain circumstances, such as where the bank or its employees 
are directly involved in arranging arms deals as defined in 
Sec. 129.2(a) or hold title to defense articles, even when no physical 
custody of defense articles is involved.


Sec. 129.4  Registration statement and fees.

    (a) General. The Department of State Form DSP-9 (Registration 
Statement) and a transmittal letter meeting the requirements of 
Sec. 122.2(b) of this subchapter must be submitted by an intended 
registrant with a payment by check or money order payable to the 
Department of State of one of the fees prescribed in Sec. 122.3(a) of 
this subchapter. The Registration Statement and transmittal letter must 
be signed by a senior officer who has been empowered by the intended 
registrant to sign such documents. The intended registrant shall also 
submit documentation that demonstrates that it is incorporated or 
otherwise authorized to do business in the United States.
    (b) A person required to register under this part who is already 
registered as a manufacturer or exporter in accordance with part 122 of 
this subchapter must also provide notification of this additional 
activity by submitting to the Office of Defense Trade Controls by 
registered mail a transmittal letter meeting the requirements of 
Sec. 122.2(b) and citing the existing registration, and must pay an 
additional fee according to the schedule prescribed in Sec. 122.3(a). 
Any person who registers coincidentally as a broker as defined in 
Sec. 129.2 of this subchapter and as a manufacturer or exporter must 
submit a Registration Statement that reflects the brokering activities, 
the Sec. 122.2(b) transmittal letter, as well as the additional fee for 
registration as a broker.
    (c) Other provisions of part 122, in particular, Sec. 122.4 
concerning notification of changes in information furnished by 
registrants and Sec. 122.5 concerning maintenance of records by 
registrants, apply equally to registration under this part (part 129).


Sec. 129.5  Policy on embargoes and other proscriptions.

    (a) The policy and procedures set forth in this subparagraph apply 
to brokering activities defined in Sec. 129.2 of this subchapter, 
regardless of whether the persons involved in such activities have 
registered or are required to register under Sec. 129.3 of this 
subchapter.
    (b) No brokering activities or brokering proposals involving any 
country referred to in Sec. 126.1 of this subchapter may be carried out 
by any person without first obtaining the written approval of the 
Office of Defense Trade Controls.
    (c) No brokering activities or proposal to engage in brokering 
activities may be carried out or pursued by any person without the 
prior written approval of the Office of Defense Trade Controls in the 
case of other countries or persons identified from time to time by the 
Department of State through notice in the Federal Register, with 
respect to which certain limitations on defense articles or defense 
services are imposed for reasons of U.S. national security or foreign 
policy (e.g., Cyprus, Guatemala, Yemen) or law enforcement interests 
(e.g., an individual subject to debarment pursuant to Sec. 127.7 of 
this subchapter).
    (d) No brokering activities or brokering proposal may be carried 
out with respect to countries which are subject to United Nations 
Security Council arms embargo (see also Sec. 121.1(c)).
    (e) In cases involving countries or persons subject to paragraph 
(b), (c), or (d), above, it is the policy of the Department of State to 
deny requests for approval, and exceptions may be granted only rarely, 
if ever. Any person who knows or has reason to know of brokering 
activities involving such countries or persons must immediately inform 
the Office of Defense Trade Controls.


Sec. 129.6  Requirement for License/Approval.

    (a) No person may engage in the business of brokering activities 
without the prior written approval (license) of, or prior notification 
to, the Office of Defense Trade Controls, except as follows:
    (b) A license will not be required for:
    (1) Brokering activities undertaken by or for an agency of the 
United States Government--
    (i) for use by an agency of the United States Government; or
    (ii) for carrying out any foreign assistance or sales program 
authorized by law and subject to the control of the President by other 
means.
    (2) Brokering activities that are arranged wholly within and 
destined exclusively for the North Atlantic Treaty Organization, any 
member country of that Organization, Japan, Australia, or New Zealand, 
except in the case of the defense articles or defense services 
specified in Sec. 129.7(a) of this

[[Page 67278]]

subchapter, for which prior approval is always required.


Sec. 129.7  Prior Approval (License).

    (a) The following brokering activities require the prior written 
approval of the Office of Defense Trade Controls:
    (1) Brokering activities pertaining to certain defense articles (or 
associated defense services) covered by or of a nature described by 
Part 121, to or from any country, as follows:
    (i) Fully automatic firearms and components and parts therefor;
    (ii) Nuclear weapons strategic delivery systems and all components, 
parts, accessories, attachments specifically designed for such systems 
and associated equipment;
    (iii) Nuclear weapons design and test equipment of a nature 
described by Category XVI of Part 121;
    (iv) Naval nuclear propulsion equipment of a nature described by 
Category VI(e);
    (v) Missile Technology Control Regime Category I items 
(Sec. 121.16);
    (vi) Classified defense articles, services and technical data;
    (vii) Foreign defense articles or defense services (other than 
those that are arranged wholly within and destined exclusively for the 
North Atlantic Treaty Organization, Japan, Australia, or New Zealand 
(see Secs. 129.6(b)(2) and 129.7(a)).
    (2) Brokering activities involving defense articles or defense 
services covered by, or of a nature described by, Part 121, in addition 
to those specified in Sec. 129.7(a), that are designated as significant 
military equipment under this subchapter, for or from any country not a 
member of the North Atlantic Treaty Organization, Australia, New 
Zealand, or Japan whenever any of the following factors are present:
    (i) The value of the significant military equipment is $1,000,000 
or more;
    (ii) The identical significant military equipment has not been 
previously licensed for export to the armed forces of the country 
concerned under this subchapter or approved for sale under the Foreign 
Military Sales Program of the Department of Defense;
    (iii) Significant military equipment would be manufactured abroad 
as a result of the articles or services being brokered; or
    (iv) The recipient or end user is not a foreign government or 
international organization.
    (b) The requirements of this section for prior written approval are 
met by any of the following:
    (1) A license or other written approval issued under parts 123, 
124, or 125 of this subchapter for the permanent or temporary export or 
temporary import of the particular defense article, defense service or 
technical data subject to prior approval under this section, provided 
the names of all brokers have been identified in an attachment 
accompanying submission of the initial application; or
    (2) A written statement from the Office of Defense Trade Controls 
approving the proposed activity or the making of a proposal or 
presentation.
    (c) Requests for approval of brokering activities shall be 
submitted in writing to the Office of Defense Trade Controls by an 
empowered official of the registered broker; the letter shall also meet 
the requirements of Sec. 126.13 of this subchapter.
    (d) The request shall identify all parties involved in the proposed 
transaction and their roles, as well as outline in detail the defense 
article and related technical data (including manufacturer, military 
designation and model number), quantity and value, the security 
classification, if any, of the articles and related technical data, the 
country or countries involved, and the specific end use and end 
user(s).
    (e) The procedures outlined in Sec. 126.8(c) through (g) are 
equally applicable with respect to this section.


Sec. 129.8  Prior Notification.

    (a) Prior notification to the Office of Defense Trade Controls is 
required for brokering activities with respect to significant military 
equipment valued at less than $1,000,000, except for sharing of basic 
marketing information (e.g., information that does not include 
performance characteristics, price and probable availability for 
delivery) by U.S. persons registered as exporters under Part 122.
    (b) The requirement of this section for prior notification is met 
by informing the Office of Defense Trade Controls by letter at least 30 
days before making a brokering proposal or presentation. The Office of 
Defense Trade Controls will provide written acknowledgment of such 
prior notification to confirm compliance with this requirement and the 
commencement of the 30-day notification period.
    (c) The procedures outlined in Sec. 126.8(c) through (g) are 
equally applicable with respect to this section.


Sec. 129.9  Reports.

    (a) Any person required to register under this part shall provide 
annually a report to the Office of Defense Trade Controls enumerating 
and describing its brokering activities by quantity, type, U.S. dollar 
value, and purchaser(s) and recipient(s), license(s) numbers for 
approved activities and any exemptions utilized for other covered 
activities.


Sec. 129.10  Guidance.

    (a) Any person desiring guidance on issues related to this part, 
such as whether an activity is a brokering activity within the scope of 
this Part, or whether a prior approval or notification requirement 
applies, may seek guidance in writing from the Office of Defense Trade 
Controls. The procedures and conditions stated in Sec. 126.9 apply 
equally to requests under this section.

    Dated: November 24, 1997.
Strobe Talbott,
Acting Secretary of State.
[FR Doc. 97-33649 Filed 12-23-97; 8:45 am]
BILLING CODE 4710-25-P