```

[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Proposed Rules]
[Pages 31444-31451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11985]

[[Page 31444]]

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

DEPARTMENT OF STATE

22 CFR Parts 120, 121, and 124

[Public Notice: 8329]
RINs 1400-AC80 and 1400-AD33

Amendment to the International Traffic in Arms Regulations: 
Revision of U.S. Munitions List Category XV and Definition of ``Defense 
Service''

AGENCY: Department of State.

ACTION: Proposed rule.

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

SUMMARY: As part of the President's Export Control Reform effort, the 
Department of State proposes to amend the International Traffic in Arms 
Regulations (ITAR) to revise Category XV (Spacecraft Systems and 
Related Articles) of the U.S. Munitions List (USML) to describe more 
precisely the articles warranting control on the USML. The definition 
of ``defense service'' is to be revised to, among other changes, 
specifically include the furnishing of assistance for certain 
spacecraft related activities. The revisions contained in this rule are 
part of the Department of State's retrospective plan under E.O. 13563 
completed on August 17, 2011.

DATES: The Department of State will accept comments on this proposed 
rule until July 8, 2013.

ADDRESSES: Interested parties may submit comments within 45 days of the 
date of publication by one of the following methods:
     Email: DDTCResponseTeam@state.gov with the subject line, 
``ITAR Amendment--USML Category XV and Defense Services.''
     Internet: At www.regulations.gov, search for this notice 
by using this rule's RIN (1400-AD33).
    Comments received after that date will be considered if feasible, 
but consideration cannot be assured. Those submitting comments should 
not include any personally identifying information they do not desire 
to be made public or information for which a claim of confidentiality 
is asserted because those comments and/or transmittal emails will be 
made available for public inspection and copying after the close of the 
comment period via the Directorate of Defense Trade Controls Web site 
at www.pmddtc.state.gov. Parties who wish to comment anonymously may do 
so by submitting their comments via www.regulations.gov, leaving the 
fields that would identify the commenter blank and including no 
identifying information in the comment itself. Comments submitted via 
www.regulations.gov are immediately available for public inspection.

FOR FURTHER INFORMATION CONTACT: Ms. Candace M.J. Goforth, Director, 
Office of Defense Trade Controls Policy, U.S. Department of State, 
telephone (202) 663-2792, or email DDTCResponseTeam@state.gov. ATTN: 
Regulatory Change, USML Category XV and Defense Services. The 
Department of State's full retrospective plan can be accessed at http://www.state.gov/documents/organization/181028.pdf.

SUPPLEMENTARY INFORMATION: The Directorate of Defense Trade Controls 
(DDTC), U.S. Department of State, administers the International Traffic 
in Arms Regulations (ITAR) (22 CFR parts 120-130). The items subject to 
the jurisdiction of the ITAR, i.e., ``defense articles'' and ``defense 
services,'' are identified on the ITAR's U.S. Munitions List (USML) (22 
CFR 121.1). With few exceptions, items not subject to the export 
control jurisdiction of the ITAR are subject to the jurisdiction of the 
Export Administration Regulations (``EAR,'' 15 CFR parts 730-774, which 
includes the Commerce Control List (CCL) in Supplement No. 1 to part 
774), administered by the Bureau of Industry and Security (BIS), U.S. 
Department of Commerce. Both the ITAR and the EAR impose license 
requirements on exports and reexports. Items not subject to the ITAR or 
to the exclusive licensing jurisdiction of any other set of regulations 
are subject to the EAR.
    All references to the USML in this rule are to the list of defense 
articles controlled for the purpose of export or temporary import 
pursuant to the ITAR, and not to the defense articles on the USML that 
are controlled by the Bureau of Alcohol, Tobacco, Firearms and 
Explosives (ATF) for the purpose of permanent import under its 
regulations. See 27 CFR part 447. Pursuant to section 38(a)(1) of the 
Arms Export Control Act (AECA), all defense articles controlled for 
export or import are part of the USML under the AECA. For the sake of 
clarity, the list of defense articles controlled by ATF for the purpose 
of permanent import is the U.S. Munitions Import List (USMIL). The 
transfer of defense articles from the ITAR's USML to the EAR's CCL for 
the purpose of export control does not affect the list of defense 
articles controlled on the USMIL under the AECA for the purpose of 
permanent import.

Revision of Category XV

    Public Law 105-261, the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999, required that space-related 
items, including all satellites, were to be controlled as defense 
articles and removed the President's authority to change their 
jurisdictional status.
    Section 1248 of the National Defense Authorization Act for Fiscal 
Year 2010 (Pub. L. 111-84) provided that the Secretaries of Defense and 
State carry out an assessment of the risks associated with removing 
satellites and related components from the USML. The Departments of 
Defense and State conducted this review and identified certain 
satellites and related items that do not contain technologies unique to 
the United States, are not critical to national security, and are more 
appropriately controlled by the EAR, which allows for the creation of 
license exceptions for exports to certain destinations and complete 
controls for exports to others. This report was provided to the 
Congress in April 2012.
    The National Defense Authorization Act for Fiscal Year 2013 (Pub. 
L. 112-239), in section 1261, effectively returned to the President the 
authority to determine which regulations govern the export of 
satellites and related articles. With this authority, and pursuant to 
the President's Export Control Reform effort, the Department proposes 
the following revisions to USML Category XV.
    Paragraphs (a) and (e) are to be revised to more specifically 
describe the articles controlled therein.
    Paragraph (b) is to be revised to limit its scope to ground control 
systems and training simulators specially designed for telemetry, 
tracking, and control of spacecraft in paragraph (a).
    The articles currently covered in paragraph (c), certain Global 
Positioning System receiving equipment, are proposed to be controlled 
on the USML under Category XII. Until a revised USML Category XII is 
implemented, these articles will continue to be covered in USML 
Category XV(c).
    The articles currently covered in paragraph (d), certain radiation-
hardened microelectronic circuits, are to be controlled on the CCL in 
new ECCN 9A515.d.
    Additionally, articles common to the Missile Technology Control 
Regime Annex and the USML are to be identified on the USML, including 
in USML Category XV, with the parenthetical ``(MT)'' at the end of each 
section containing such articles.
    A new ``(x) paragraph'' has been added to USML Category XV, 
allowing ITAR licensing for commodities, software, and technical data 
subject to the EAR provided those commodities, software, and technical 
data are to be used in or with defense articles

[[Page 31445]]

controlled in USML Category XV and are described in the purchase 
documentation submitted with the application.
    Although the proposed revisions to the USML do not preclude the 
possibility that satellites and related items in normal commercial use 
would or should be ITAR-controlled because, e.g., they provide the 
United States with a critical military or intelligence advantage, the 
U.S. Government does not want to inadvertently control items on the 
ITAR that are in normal commercial use. The public is thus asked to 
provide specific examples of satellites and related items, if any, that 
would be controlled by the revised USML Category XV that are now in 
normal commercial use.

Definition for Defense Services

    A proposed revision of the definition of defense service, pursuant 
to ECR, was first published on April 13, 2011, as RIN 1400-AC80 (see 
``International Traffic in Arms Regulations: Defense Services,'' 76 FR 
20590). In that rule, the Department explained it was determined that 
the definition is overly broad, capturing certain forms of assistance 
or services that do not warrant ITAR control.
    Rather than proceed to a final rule on the definition, the 
Department is republishing the definition as a proposed rule, 
incorporating certain changes stemming from the public comment review, 
but also including in the definition the provision of certain 
assistance with regard to spacecraft.
    For the first revision, thirty-nine parties submitted comments 
within the established comment period recommending changes to the 
revised definition. The Department reviewed and considered these 
comments and, when the recommended changes added to the clarity of the 
regulation and were congruent with ECR objectives, the Department 
accepted them. The Department's evaluation of certain of the written 
comments and recommendations follows, grouped by general subject 
matter.

Comments on Terms and Definitions in Defense Services

    Two commenting parties recommended clarification that 
``integration'' as used in ITAR Sec.  120.9(a)(2) does not mean 
activities to ensure compatibility, secure, load, or install cargo that 
is subject to the EAR for stowage in spacecraft or other aircraft, 
vessels, or vehicles which are themselves subject to the ITAR. The 
Department confirms that the meaning of ``integration'' does not 
encompass the meaning of ``stowage.''
    Three commenting parties recommended replacing the term 
``incorporation'' in ITAR Sec.  120.9(b)(3) with either 
``installation'' or ``integration,'' to avoid confusion. The Department 
accepted this recommendation and has replaced ``incorporated'' with 
``integrated.''
    Two commenting parties recommended ``mere plug-and-play 
installation activities'' should not be considered a defense service 
and thus described in ITAR Sec.  120.9(b). The Department agrees that 
such services are not within the definition of a defense service. 
However, given that ITAR Sec.  120.9(a)(2) is limited to integration 
services a separate exclusion paragraph is unnecessary. To clarify the 
distinction between services comprised of ``installation'' and those of 
``integration,'' the Department is providing within the regulation the 
definitions of those terms that were provided in the first proposed 
rule's supplementary information section.
    Three commenting parties recommended replacing the phrase 
``employment of defense articles'' with ``use of defense articles'' in 
ITAR Sec.  120.9(a)(3) and ITAR Sec.  124.1(a) for clarity. Similarly, 
another commenting party recommended replacing the word ``employment'' 
with the word ``use,'' as the term is defined in the EAR. And, another 
commenting party recommended modifying the term ``employment'' with the 
terms ``tactical or combat.'' The Department has revised this section 
adding the term ``tactical,'' to differentiate training in such 
employment from the type that is not to be within the definition of a 
defense service (training in basic operation).
    One commenting party recommended that reference to ``foreign units 
and forces'' in ITAR Sec.  120.9(a)(3) be revised to ``foreign military 
units and forces'' for consistency with ITAR Sec.  124.1(a). The 
Department has reviewed the terminology in this section, but rather 
than accept the recommendation, ``foreign person'' will replace 
``foreign units and forces'' in ITAR Sec.  120.9(a)(3), and is removed 
from ITAR Sec.  124.1(a) entirely.
    One commenting party requested clarification of whether companies 
not involved in the manufacture of defense articles would nonetheless 
be required to register with DDTC if their items are integrated into 
USML controlled items pursuant to ITAR Sec.  120.9(a)(2). Mere 
integration of an item into a defense article does not render it a 
defense article, and thereby necessitating registration of the 
manufacturer of the item. The manufacturer may determine its 
classification by consulting the USML for its enumeration, applying the 
specially designed definition, or by submitting a commodity 
jurisdiction request to the Department for its official determination.
    One commenting party requested clarification of whether companies 
will be required to amend approved agreements for activities that may 
no longer be considered defense services. While companies will not be 
required to submit amendment requests in these instances, the 
Department recommends these companies contact the Department of State 
or Commerce for any necessary clarification of their circumstances and 
which authorizations are required.

Comments on the Use of Public Domain Information in a Defense Service

    Five commenting parties recommended ITAR Sec.  120.9(a)(4) be 
revised to clarify that an aggregation of public domain data is still 
public domain data, and two commenting parties requested clarification 
that the aggregation of public domain data cannot be considered a 
defense service or render the data ``other than public domain.'' The 
Department confirms that a defense service involves technical data and 
therefore the use of publicly available information would not 
constitute a defense service according to the new ITAR Sec.  
120.9(b)(2). The Department notes, however, that it is seldom the case 
that a party can aggregate public domain data for purposes of 
application to a defense article without using proprietary information 
or creating a data set that itself is not in the public domain.
    Ten commenting parties recommended replacing the phrase ``other 
than public domain'' in ITAR Sec.  120.9(a)(1) with ``using technical 
data (see Sec.  120.10),'' as the former phrase would extend the 
definition of ``defense service'' to include services the Department 
did not intend to capture, including assistance provided using 
proprietary data not controlled by the ITAR. The Department did not 
accept this comment because it intends to control as a defense service 
certain services that use other than technical data. An example would 
be the services covered under ITAR Sec.  120.9(a)(3).
    Two commenting parties recommended exclusion of ``fundamental 
research'' from ITAR controls, similar to the EAR treatment of this 
term found in 15 CFR 734.8. These parties suggested that this measure 
would ensure science and academic research are not unnecessarily 
hampered. The Department notes that

[[Page 31446]]

``fundamental research,'' as it is defined in ITAR Sec.  120.11, is not 
controlled by the ITAR.
    One commenting party noted that the supplementary information 
section of the proposed rule indicated that using data that is ``other 
than public domain data'' (including proprietary data or ``technology'' 
``subject to the Export Administration Regulations'') to provide 
assistance would constitute a defense service, but this is not 
reflected in the actual regulation. This matter will be addressed more 
fully in the forthcoming rules regarding the revision of the 
definitions for technical data and public domain information.
    One commenting party stated that the Department's intention of 
narrowing the focus of defense services to the furnishing of assistance 
using ``other than public domain data'' is frustrated by the exclusion 
of the phrase ``other than public domain data'' from paragraphs (a)(2)-
(a)(4) of the definition. Similarly, another commenting party requested 
clarification from the Department on whether the exclusion was an 
oversight. The Department confirms excluding the phrase from those 
paragraphs was intentional, and disagrees with the first commenting 
party for the following reasons. In paragraph (a)(2), the service of 
integrating an item into a defense article is covered, which 
necessarily involves the use of technical data (meaning, the Department 
believes that the service of ``integration'' cannot be effected only 
with public domain information). Paragraph (a)(3) may control services 
that use other than technical data. And the phrase ``other than public 
domain data'' is not relevant to the service described and controlled 
in paragraph (a)(4).
    One commenting party recommended that proprietary data furnished by 
a foreign person not be covered by the phrase ``other than public 
domain data.'' And two commenting parties recommended the controls in 
ITAR Sec.  120.9 be based on the use of ``U.S. origin'' technical data. 
The Department intends to regulate the identified services regardless 
of the origin of the data used in the provision of the service.

Comments on Proposed Exclusions Paragraph

    Two commenting parties recommended that the exclusion in ITAR Sec.  
120.9(b)(1) be extended to include intermediate-level maintenance for 
greater interoperability. The Department did not accept this 
recommendation. The Department wants to continue controlling this level 
of maintenance.
    Twelve commenting parties suggested that use of the phrase ``U.S. 
citizen'' in ITAR Sec.  120.9(b)(2) raises questions regarding the 
employment of lawful permanent residents, or unnecessarily rules out 
other categories of U.S. person employees (e.g., lawful permanent 
residents as defined by 8 U.S.C. 1101(a)(20) and protected individuals 
defined by 8 U.S.C. 1324b(a)(3)) from the exclusion, and that this 
phrase should be replaced with ``U.S. person'' as defined by ITAR Sec.  
120.15, ``an individual who is a U.S. person,'' or ``U.S. person 
(natural person).'' The Department accepted this comment in part by 
revising the phrase to read ``natural U.S. person.''
    One commenting party stated that use of the phrase ``mere 
employment'' in ITAR Sec.  120.9(b)(2) is too narrow and would not 
exclude U.S. persons from performing the duties of their employment, 
and recommended that this part be revised to explicitly exclude these 
activities as well. Stating that this section is ambiguous, two 
commenting parties recommended it be revised to more explicitly state 
which employment activities are excluded by this section. This part of 
the regulation is meant to provide that the act of employing a natural 
U.S. person does not automatically mean that a foreign person will be 
receiving a defense service. The Department believes the phrasing 
conveys this meaning.
    One commenting party requested that, because ITAR Sec.  120.9(b)(2) 
covers cases where a foreign person employing a U.S. person may 
constitute the provision of a defense service, the Department clarify 
whether an individual may register as a manufacturer or exporter of 
defense articles and defense services, since that individual would 
first have to be registered with the Department before he can seek a 
license. Another commenting party recommended that individual U.S. 
employees working abroad should be permitted to use U.S. origin 
technical data exported to their parent foreign company without a 
license. A third commenting party recommended that ITAR Sec.  
120.9(b)(2) be revised to stipulate that the definition of a defense 
service not include the instance where a U.S. person uses foreign-
source technical data that would be ITAR-controlled had it been 
acquired by the U.S. person in the United States. The issue of whether 
an individual U.S. person may be required to register with the 
Department will be addressed in future guidance.
    Two commenting parties recommended stipulating that all law 
enforcement, physical security, or personal protective services not be 
included within the definition of a defense service, and not only that 
which uses public domain data. The use of technical data is a 
controlled activity, regardless of the type of service provided. 
Therefore, the Department did not accept this recommendation.
    One commenting party recommended exclusion from the definition of 
defense service the integration of items controlled on the CCL into 
items on the USML using solely public domain data. Given the nature of 
the integration process, the Department does not agree that this type 
of service should be excluded.
    One commenting party recommended clarification that the provision 
of defense services exclusively to the U.S. Government outside the 
United States is not a defense service. The Department agrees 
activities between two U.S. persons do not constitute a defense 
service.
    One commenting party recommended that ITAR Sec.  120.9(b)(3), which 
excludes from the definition of a defense service the servicing of an 
item subject to the EAR that has been integrated or installed into a 
defense article, be clarified to include ``installation'' and 
``removal'' of CCL items during those activities. Similarly, one 
commenting party recommended adding ``troubleshooting,'' 
``inspection,'' and ``other routine services for'' to that paragraph, 
as examples of services not considered defense services. The Department 
has rephrased the paragraph to cover the ``servicing of an item subject 
to the EAR,'' which includes the activities described by these 
commenting parties.
    One commenting party recommended the example of what is not a 
defense service identified in Sec.  120.9(b)(1) be expanded to include 
actual performance of basic maintenance on a defense article on behalf 
of a foreign person. Similarly, another commenting party requested 
clarification on whether actual performance is included. The Department 
notes that for certain countries, there are licensing exemptions for 
the performance of basic maintenance (see ITAR Sec.  124.2). This is 
the extent to which the Department wants to exempt from the licensing 
requirement actual performance of basic maintenance on a defense 
article on behalf of a foreign person.
    One commenting party recommended that because ``organizational-
level maintenance'' is not cited in ITAR Sec.  120.9(a)(1), it should 
be explicitly included as an exclusion in ITAR Sec.  120.9(b). Training 
in organizational- level maintenance is specifically

[[Page 31447]]

excluded as a defense service in paragraph (b)(1).
    Five commenting parties recommended clarification of whether ITAR 
Sec.  120.9(b) provides an exhaustive list of what does not constitute 
a defense service, and if not, that the regulatory text specify that 
the examples provided in paragraph (b) are not exhaustive. The examples 
in ITAR Sec.  120.9(b) are not an exhaustive listing of services that 
are not within the definition of a defense service. Rather, the 
paragraph is meant to highlight those services about which the 
Department has received, or anticipates receiving, inquiries regarding 
their classification.

Paragraph (a)(2) and Miscellaneous Comments

    Two commenting parties noted that ITAR Sec.  120.9(a)(2) includes 
within the definition of a defense service the integration into a 
defense article of items controlled on the USML or on the CCL, but not 
items that are subject to the EAR but classified as EAR99. The 
commenting party recommended this exclusion be specifically stated to 
avoid confusion. Similarly, two commenting parties recommended 
clarification to explicitly exclude integration of items designated as 
EAR99. The Department has replaced reference to items controlled on the 
CCL with items subject to the EAR. The focus of this paragraph is on 
the service of ``integration'' into a USML article, which of necessity 
requires use of technical data.
    One commenting party requested clarification of whether integration 
of a foreign item into a defense article would constitute a defense 
service. The Department confirms that the origin of an item is not 
relevant in determining whether a defense service is being provided.
    One commenting party recommended that the definition of defense 
service address instances where USML articles are incorporated or 
installed into a CCL item, similar to how ITAR Sec.  120.9(b)(3) 
addresses CCL items integrated or installed into USML items. This 
circumstance will be addressed in a separate rule.
    One commenting party stated that activities beyond the jurisdiction 
of U.S. law are captured by the new defense services definition. The 
commenting party provides as an example of such activity the case where 
a foreign person located outside the United States furnishes assistance 
to another foreign person for the integration of a foreign item into 
another foreign item. By definition, defense services are only provided 
by U.S. person to a foreign person. ITAR Sec.  120.9 does not capture 
the circumstance described by the commenting party.
    One commenting party recommended ITAR Sec.  120.9(a)(2) should 
focus on the nature of the integration activity and not on the part 
being integrated and suggested the proposed phrasing would allow a U.S. 
person to integrate a foreign origin article without providing a 
``defense service,'' because these parts are not under U.S. 
jurisdiction. For the purposes of clarity, ITAR Sec.  120.9(a)(2) does 
identify the classification of articles (USML and CCL) that are 
included for the purposes of control in this defense service. 
Nevertheless, the focus of this provision is the service of 
``integration'' into a defense article. And as noted in the paragraph, 
the service of integration into an ITAR controlled defense article is a 
defense service regardless of the origin of the articles.

Additional Changes

    The Department proposes that ITAR Sec.  124.1(a), which describes 
the approval requirements of manufacturing license agreements and 
technical assistance agreements, be revised to remove the requirement 
of Department approval for the provision of a defense service using 
public domain data or data otherwise exempt from ITAR licensing 
requirements. The Department also proposes that it be revised to remove 
a redundant provision regarding the necessity to obtain approval for 
the training of foreign military forces, an activity covered in ITAR 
Sec.  120.9(a)(3).
    The Department proposes to remove ITAR Sec.  124.2(a). The activity 
described therein--the provision of training in the basic operation of 
a defense article--will not be controlled as a defense service, 
therefore obviating the need for this exemption. ITAR Sec.  124.2(b) 
will be removed for similar reasons: The activity described therein is 
not controlled as a defense service, nullifying the reason for this 
exemption. ITAR Sec.  124.2(c) will be revised to reflect the proposed 
deletion of Sec.  124.2(a). These changes conform to the proposed 
revision of the defense service definition.

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). Although the 
Department is of the opinion that this rule is exempt from the 
rulemaking provisions of the APA, the Department is publishing this 
rule with a 45-day provision for public comment and without prejudice 
to its determination that controlling the import and export of defense 
services is a foreign affairs function. As noted above, and also 
without prejudice to the Department position that this rulemaking is 
not subject to the APA, the Department previously published a related 
Advance Notice of Proposed Rulemaking (RIN 1400-AC78) and accepted 
comments for 60 days, and also published a proposed definition of 
``defense service'' on April 13, 2011 (RIN 1400-AC80), and accepted 
comments for 60 days.

Regulatory Flexibility Act

    Since the Department is of the opinion that this proposed 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 proposed 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 proposed 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 proposed 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 proposed 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

[[Page 31448]]

activities do not apply to this proposed 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. 
These rules have been designated ``significant regulatory actions,'' 
although not economically significant, under section 3(f) of Executive 
Order 12866. Accordingly, this proposed rule has been reviewed by the 
Office of Management and Budget (OMB).

Executive Order 12988

    The Department of State has reviewed this proposed 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 proposed 
rulemaking will not have tribal implications, will not impose 
substantial direct compliance costs on Indian tribal governments, and 
will not preempt tribal law. Accordingly, the provisions of Executive 
Order 13175 do not apply to this proposed rulemaking.

Paperwork Reduction Act

    Following is a listing of approved collections that will be 
affected by revision, pursuant to the President's Export Control Reform 
(ECR) initiative, of the U.S. Munitions List (USML) and the Commerce 
Control List. The list of collections and the description of the manner 
in which they will be affected pertains to revision of the USML in its 
entirety, not only to the category published in this rule:
    (1) Statement of Registration, DS-2032, OMB No. 1405-0002. The 
Department estimates that 1,000 of the currently-registered persons 
will not need to maintain registration following full revision of the 
USML. This would result in a burden reduction of 1,000 hours annually.
    (2) Application/License for Permanent Export of Unclassified 
Defense Articles and Related Unclassified Technical Data, DSP-5, OMB 
No. 1405-0003. The Department estimates that there will be 35,000 fewer 
DSP-5 submissions annually following full revision of the USML. This 
would result in a burden reduction of 35,000 hours annually. In 
addition, the DSP-5 will allow respondents to select USML Category XIX, 
a newly-established category, as a description of articles to be 
exported.
    (3) Application/License for Temporary Import of Unclassified 
Defense Articles, DSP-61, OMB No. 1405-0013. The Department estimates 
that there will be 200 fewer DSP-61 submissions annually following full 
revision of the USML. This would result in a burden reduction of 100 
hours annually. In addition, the DSP-61 will allow respondents to 
select USML Category XIX, a newly-established category, as a 
description of articles to be temporarily imported.
    (4) Application/License for Temporary Export of Unclassified 
Defense Articles, DSP-73, OMB No. 1405-0023. The Department estimates 
that there will be 800 fewer DSP-73 submissions annually following full 
revision of the USML. This would result in a burden reduction of 800 
hours annually. In addition, the DSP-73 will allow respondents to 
select USML Category XIX, a newly-established category, as a 
description of articles to be temporarily exported.
    (5) Application for Amendment to License for Export or Import of 
Classified or Unclassified Defense Articles and Related Technical Data, 
DSP-6, -62, -74, -119, OMB No. 1405-0092. The Department estimates that 
there will be 2,000 fewer amendment submissions annually following full 
revision of the USML. This would result in a burden reduction of 1,000 
hours annually. In addition, the amendment forms will allow respondents 
to select USML Category XIX, a newly-established category, as a 
description of articles the subject of the amendment request.
    (6) Request for Approval of Manufacturing License Agreements, 
Technical Assistance Agreements, and Other Agreements, DSP-5, OMB No. 
1405-0093. The Department estimates that there will be 1,000 fewer 
agreement submissions annually following full revision of the USML. 
This would result in a burden reduction of 2,000 hours annually. In 
addition, the DSP-5, the form used for the purposes of electronically 
submitting agreements, will allow respondents to select USML Category 
XIX, a newly-established category, as a description of articles to be 
exported.
    (7) Maintenance of Records by Registrants, OMB No. 1405-0111. The 
requirement to actively maintain records pursuant to provisions of the 
International Traffic in Arms Regulations (ITAR) will decline 
commensurate to the drop in the number of persons who will be required 
to register with the Department pursuant to the ITAR. As stated above, 
the Department estimates that 1,000 of the currently-registered persons 
will not need to maintain registration following full revision of the 
USML. This would result in a burden reduction of 20,000 hours annually. 
The ITAR does provide, though, for the maintenance of records for a 
period of five years. Therefore, persons newly relieved of the 
requirement to register with the Department may still be required to 
maintain records.
    (8) Export Declaration of Defense Technical Data or Services, DS-
4071, OMB No. 1405-0157. The Department estimates that there will be 
2,000 fewer declaration submissions annually following full revision of 
the USML. This would result in a burden reduction of 1,000 hours 
annually.

List of Subjects

22 CFR Parts 120 and 121

    Arms and munitions, Classified information, Exports.

22 CFR Part 124

    Arms and munitions, Exports, Technical assistance.
    Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, parts 120, 121, and 124, are proposed to be amended as 
follows:

PART 120--PURPOSE AND DEFINITIONS

0
1. The authority citation for part 120 continues to read as follows:

    Authority: Sections 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 
(22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2794; 22 U.S.C. 2651a; Pub. 
L. 105-261, 112 Stat. 1920; Pub. L. 111-266; Section 1261, Pub. L. 
112-239; E.O. 13637, 78 FR 16129.

0
2. Section 120.9 is revised to read as follows:

Sec.  120.9  Defense service.

    (a) A defense service means:
    (1) The furnishing of assistance (including training) using other 
than public domain information (see Sec.  120.11 of this subchapter) to 
a foreign person (see Sec.  120.16 of this subchapter), whether in the 
United States or abroad, in the design, development, engineering, 
manufacture, production, assembly, testing, intermediate- or depot-
level maintenance (see Sec.  120.38 of this subchapter), modification,

[[Page 31449]]

demilitarization, destruction, or processing of defense articles (see 
Sec.  120.6 of this subchapter);
    (2) The furnishing of assistance to a foreign person, whether in 
the United States or abroad, for the integration of any item controlled 
on the U.S. Munitions List (USML) (see Sec.  121.1 of this subchapter) 
or items subject to the EAR (see Sec.  120.42 of this subchapter) into 
an end item (see Sec.  121.8(a) of this subchapter) or component (see 
Sec.  121.8(b) of this subchapter) that is controlled as a defense 
article on the USML, regardless of the origin;

    Note to paragraph (a)(2):  ``Integration'' means the systems 
engineering design process of uniting two or more items in order to 
form, coordinate, or blend into a functioning or unified whole, 
including introduction of software to enable proper operation of the 
article. This includes determining where to integrate an item (e.g., 
integration of a civil engine into a destroyer which requires 
changes or modifications to the destroyer in order for the civil 
engine to operate properly; not plug and play). ``Integration'' is 
distinct from ``installation,'' which means the act of putting 
something in its place and does not require changes or modifications 
to the item in which it is being installed (e.g., installing a 
dashboard radio into a military vehicle where no changes or 
modifications to the vehicle are required).

    (3) The furnishing of assistance (including training), to a foreign 
person regardless of whether technical data (see Sec.  120.10 of this 
subchapter) is transferred, including formal or informal instruction in 
the United States or abroad by any means, in the tactical employment 
(not basic operation) of a defense article;
    (4) Conducting direct combat operations for a foreign person (see 
paragraph (b)(5) of this section);
    (5) The furnishing of assistance (including training) in the 
integration of a satellite or spacecraft to a launch vehicle, including 
both planning and onsite support, regardless of the jurisdiction of, 
the ownership of, or the origin of the satellite or spacecraft, or 
whether technical data is used; or
    (6) The furnishing of assistance (including training) in the launch 
failure analysis of a satellite, spacecraft, or launch vehicle, 
regardless of the jurisdiction of, the ownership of, or the origin of 
the satellite, spacecraft, or launch vehicle, or whether technical data 
is used.
    (b) The following is not a defense service:
    (1) Training in organizational-level (basic-level) maintenance (see 
Sec.  120.38 of this subchapter) of a defense article lawfully approved 
for export from the United States or subsequently approved for reexport 
or retransfer to an end-user, unless otherwise proscribed in Sec.  
126.1 of this subchapter or otherwise ineligible (see Sec.  126.7(a)(4) 
and (6) of this subchapter);
    (2) Mere employment of a natural U.S. person by a foreign person;
    (3) Servicing of an item subject to the EAR (see Sec.  120.42 of 
this subchapter) that has been integrated or installed into a defense 
article;
    (4) Providing law enforcement, physical security, or personal 
protective services (including training and advice) to or for a foreign 
person (see Sec.  120.16 of this subchapter) using only public domain 
information; or
    (5) Services performed, to include direct combat operations, as a 
member of the regular military forces of a foreign nation by a U.S. 
person who has been drafted into such forces.

PART 121--THE UNITED STATES MUNITIONS LIST

0
3. The authority citation for part 121 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); 22 U.S.C. 2651a; Pub. L. 105-261, 112 
Stat. 1920; Section 1261, Pub. L. 112-239; E.O. 13637, 78 FR 16129.

0
4. Section 121.1 is amended by revising U.S. Munitions List Category XV 
to read as follows:

Sec.  121.1  General. The United States Munitions List.

* * * * *

Category XV--Spacecraft Systems and Related Articles

    (a) Spacecraft, including satellites, manned or unmanned space 
vehicles, whether designated developmental, experimental, research or 
scientific, or having a commercial, civil, or military end-use, that:
    *(1) Are specially designed to mitigate effects (e.g., 
scintillation) of or for detection of a nuclear detonation;
    *(2) Track ground, airborne, missile, or space objects using 
imaging, infrared, radar, or laser systems;
    *(3) Conduct signals or measurement and signatures intelligence;
    (4) Provide space-based logistics, assembly or servicing of any 
spacecraft (e.g., refueling);
    *(5) Are anti-satellite or anti-spacecraft (e.g., kinetic, RF, 
laser, charged particle);
    *(6) Have space-to-ground weapons systems (e.g., kinetic or 
directed energy);
    *(7) Have any of the following electro-optical remote sensing 
capabilities or characteristics:
    (i) Electro-optical visible and near infrared (VNIR) (i.e., 400nm 
to 1,000nm) or infrared (i.e., greater than 1,000nm to 30,000nm) with 
less than 40 spectral bands having an aperture greater than 0.35 
meters;
    (ii) Electro-optical hyperspectral with 40 spectral bands or more 
in the VNIR, short-wavelength infrared (SWIR) (i.e., greater than 
1,000nm to 2,500nm) or any combination of the aforementioned and having 
a Ground Sample Distance (GSD) less than 30 meters;
    (iii) Electro-optical hyperspectral with 40 spectral bands or more 
in the mid-wavelength infrared (MWIR) (i.e., greater than 2,500nm to 
5,500nm) having a narrow spectral bandwidth of [Delta][lambda] less 
than or equal to 20nm full width at half maximum (FWHM) or having a 
wide spectral bandwidth with [Delta][lambda] greater than 20nm FWHM and 
a GSD less than 200 meters; or
    (iv) Electro-optical hyperspectral with 40 spectral bands or more 
in the long-wavelength infrared (LWIR) (i.e., greater than 5,500nm to 
30,000nm) having a narrow spectral bandwidth of [Delta][lambda] less 
than or equal to 50nm FWHM or having a wide spectral bandwidth with 
[Delta][lambda] greater than 50nm FWHM and a GSD less than 500 meters;

    Note 1 to paragraph (a)(7):  Ground Sample Distance (GSD) is 
measured from a spacecraft's nadir (i.e., local vertical) position.

    Note 2 to paragraph (a)(7):  Optical remote sensing spacecraft 
or satellite spectral bandwidth is the smallest difference in 
wavelength (i.e., [Delta][lambda]) that can be distinguished at full 
width at half maximum (FWHM) of wavelength [lambda].

    Note 3 to paragraph (a)(7):  An optical satellite or spacecraft 
is not SME if non-earth pointing.

    *(8) Have radar remote sensing capabilities or characteristics 
(e.g., active electronically scanned array (AESA), synthetic aperture 
radar (SAR), inverse synthetic aperture radar (ISAR), ultra-wideband 
SAR) except those having a center frequency equal to or greater than 1 
GHz but less than or equal to 10 GHz AND having a bandwidth less than 
300 MHz;
    (9) Provide Positioning, Navigation, and Timing (PNT);

    Note to paragraph (a)(9):  This paragraph does not control a 
satellite or spacecraft that provides only a differential correction 
broadcast for the purposes of positioning, navigation, or timing.

    *(10) Are specially designed to be used in a constellation or 
formation that when operated together, in essence or effect, form a 
virtual satellite (e.g., functioning as if one satellite) with the

[[Page 31450]]

characteristics of other items in paragraph (a);
    (11) Are man-rated sub-orbital, orbital, lunar, interplanetary or 
habitat; or
    *(12) Are classified, contain classified software or hardware, are 
manufactured using classified production data, or are being developed 
using classified information (e.g., having classified requirements, 
specifications, functions, or operational characteristics or include 
classified cryptographic items controlled under USML Category XIII of 
this subchapter). ``Classified'' means classified pursuant to Executive 
Order 13526, or predecessor order, and a security classification guide 
developed pursuant thereto or equivalent, or to the corresponding 
classification rules of another government or international 
organization.

    Note to paragraph (a):  Spacecraft that are not identified in 
this paragraph are subject to the EAR.

    (b) Ground control systems and training simulators specially 
designed for telemetry, tracking, and control of spacecraft in 
paragraph (a) of this category.

    Note to paragraph (b):  Parts, components, accessories, 
attachments, equipment, or systems that are common to satellite 
ground systems or simulators used to control non-USML satellites are 
subject to the EAR.

    (c) Global Positioning System (GPS) receiving equipment 
specifically designed, modified, or configured for military use; or GPS 
receiving equipment with any of the following characteristics:
    (1) Designed for encryption or decryption (e.g., Y-Code) of GPS 
precise positioning service (PPS) signals;
    (2) Designed for producing navigation results above 60,000 feet 
altitude and at 1,000 knots velocity or greater;
    (3) Specifically designed or modified for use with a null steering 
antenna or including a null steering antenna designed to reduce or 
avoid jamming signals;
    (4) Designed or modified for use with unmanned air vehicle systems 
capable of delivering at least a 500 kg ``payload'' to a ``range'' of 
at least 300 km.

    Note 1 to paragraph (c)(4):  ``Payload'' is the total mass that 
can be carried or delivered by the specified rocket, space launch 
vehicle, missile, drone, or unmanned aerial vehicle that is not used 
to maintain flight. ``Range'' is the maximum distance that the 
specified aircraft system is capable of traveling in the mode of 
stable flight as measured by the projection of its trajectory over 
the surface of the Earth. The maximum capability based on the design 
characteristics of the system, when fully loaded with fuel or 
propellant, will be taken into consideration in determining 
``range.'' The ``range'' for aircraft systems will be determined 
independently of any external factors such as operational 
restrictions, limitations imposed by telemetry, data links, or other 
external constraints. For aircraft systems, the ``range'' will be 
determined for a one-way distance using the most fuel-efficient 
flight profile (e.g., cruise speed and altitude), assuming 
International Civil Aviation Organization (ICAO) standard atmosphere 
with zero wind.

    Note 2 to paragraph (c)(4):  GPS receivers designed or modified 
for use with military unmanned air vehicle systems with less 
capability are considered to be specifically designed, modified, or 
configured for military use and therefore covered under this 
paragraph (c)(4). Any GPS equipment not meeting this definition is 
subject to the jurisdiction of the Department of Commerce (DOC). 
Manufacturers or exporters of equipment under DOC jurisdiction are 
advised that the U.S. Government does not assure the availability of 
the GPS P-Code for civil navigation. It is the policy of the 
Department of Defense (DOD) that GPS receivers using P-Code without 
clarification as to whether or not those receivers were designed or 
modified to use Y-Code will be presumed to be Y-Code capable and 
covered under this paragraph. The DOD policy further requires that a 
notice be attached to all P-Code receivers presented for export. The 
notice must state the following: ``ADVISORY NOTICE: This receiver 
uses the GPS P-Code signal, which, by U.S. policy, may be switched 
off without notice.''

    (d) [Reserved]
    (e) Spacecraft parts, components, accessories, attachments, 
equipment, or systems, as follows:
    (1) Antennas as follows:
    (i) Having a diameter greater than 25 meters;
    (ii) Are actively scanned;
    (iii) Are adaptive beam forming; or
    (iv) Are for interferometric radar;
    (2) Space-qualified optics (i.e., lens or mirror), including 
optical coating, having active properties (e.g., adaptive or 
deformable), or having a largest lateral dimension greater than 0.35 
meters;
    (3) ``Space-qualified'' focal plane arrays (FPA) having a peak 
response in the wavelength range exceeding 900nm and readout integrated 
circuit (ROIC) specially designed therefor;
    (4) ``Space-qualified'' mechanical cryocooler, active cold finger, 
and associated control electronics specially designed therefor;
    (5) ``Space-qualified'' active vibration suppression, including 
isolation and dampening, and associated control electronics therefor;
    (6) Optical bench assemblies for items in paragraph (a) of this 
category and the multi-aperture assemblies; fast steering mirrors 
(i.e., greater than 300 rad/sec\2\ acceleration), pushbroom assemblies, 
flexure mounts, beam splitters, mirror folds, focus or channeling 
mechanisms, alignment mechanisms, inertial reference unit (IRU), black 
body cavities, baffles and covers, and control electronics specially 
designed therefor;
    (7) Non-communications space-qualified directed energy (e.g., 
lasers or RF) systems and specially designed for a spacecraft in 
paragraph (a) of this category;
    (8) Space-based kinetic systems or charged particle energy systems, 
including power conditioning and beam-handling/switching, propagation, 
tracking, or pointing equipment, and specially designed parts and 
components therefor;
    (9) ``Space-qualified'' cesium, rubidium, hydrogen maser, or 
quantum (e.g., based upon Al, Hg, Yb, Sr, Be Ions) atomic clocks, and 
specially designed parts and components therefor;
    (10) Attitude determination and control systems, and specially 
designed parts and components therefor, that provide earth location 
accuracy without using Ground Location Points better than or equal to:
    (i) 5 meters from low earth orbit (LEO);
    (ii) 30 meters from medium earth orbit (MEO);
    (iii) 150 meters from geosynchronous orbit (GEO); or
    (iv) 225 meters from high earth orbit (HEO);
    (11) Space-based nuclear thermionic or non-nuclear thermionic 
converters or generators, and specially designed parts and components 
therefor;
    (12) Thrusters (e.g., rocket engines) that provide for orbit 
adjustment greater than 150 lbf (i.e., 667.23 N) vacuum thrust;
    (13) Control moment gyroscope;
    (14) ``Space-qualified'' monolithic microwave integrated circuits 
(MMIC) that combine transmit and receive (T/R) functions on a single 
die as follows:
    (i) Having a power amplifier with maximum saturated peak output 
power (in watts), Psat, greater than 200 divided by the maximum 
operating frequency (in GHz) squared [Psat >200 W*GHz\2\/fGHz\2\]; or
    (ii) Having a common path (e.g., phase shifter-digital attenuator) 
circuit with greater than 3 bits phase shifting at operating 
frequencies 10 GHz or below, or greater than 4 bits phase shifting at 
operating frequencies above 10 GHz;
    (15) ``Space-qualified'' oscillator for radar in paragraph (a) of 
this category with phase noise less than [hyphen]120 dBc/Hz

[[Page 31451]]

+ (20 log10(RF) (in GHz)) measured at 2 KHz*RF (in GHz) from 
carrier;
    (16) ``Space-qualified'' star tracker or star sensor with angular 
accuracy less than or equal to 1 arcsec in all three axes and a 
tracking rate equal to or greater than 3.0 deg/sec, and specially 
designed parts and components therefor (MT);
    *(17) Secondary or hosted payload, and specially designed parts and 
components therefor, that perform any of the functions described in 
paragraph (a) of this category;
    *(18) Department of Defense-funded secondary or hosted payload, and 
specially designed parts and components therefor; or
    (19) Spacecraft re-entry vehicles, and specially designed parts and 
components therefor, as follows (MT if usable in rockets, SLVs, 
missiles, drones, or UAVs capable of delivering a ``payload'' of at 
least 500 kg to a ``range'' of at least 300 km):
    (i) Heat shields, and components therefore, fabricated of ceramic 
or ablative materials;
    (ii) Heat sinks and components therefore, fabricated of light-
weight, high heat capacity materials; or
    (iii) Electronic equipment specially designed for spacecraft re-
entry vehicles;

    Note to paragraph (e)(19):  For definition of ``range'' as it 
pertains to aircraft systems, see note to paragraph (c)(4) of this 
category. For definition of ``range'' as it pertains to rocket 
systems, see note to paragraph (f)(6) of USML Category VI.

    *(20) Any part, component, accessory, attachment, equipment, or 
system that (i) is classified;
    (ii) Contains classified software; or
    (iii) Is being developed using classified information.
    ``Classified'' means classified pursuant to Executive Order 13526, 
or predecessor order, and a security classification guide developed 
pursuant thereto or equivalent, or to the corresponding classification 
rules of another government or international organization.

    Note 1 to paragraph (e):  Parts, components, accessories, and 
attachments specially designed for spacecraft enumerated in this 
category but not listed in paragraph (e) are subject to the EAR.

    Note 2 to paragraph (e):  For the purposes of this paragraph, an 
article is ``space-qualified'' if it is designed, manufactured, or 
qualified through successful testing, for operation at altitudes 
greater than 100 km above the surface of the Earth. Notes: (1) A 
determination that a specific article (or commodity) (e.g., by 
product serial number) is ``space-qualified'' by virtue of testing 
does not mean that other articles in the same production run or 
model series are ``space-qualified'' if not individually tested. (2) 
``Article'' is synonymous with ``commodity,'' as defined in EAR 
Sec.  772.1. (3) A specific article not designed or manufactured for 
use at altitudes greater than 100 km above the surface of the Earth 
is not ``space-qualified'' before it is successfully tested.

    (f) Technical data (see Sec.  120.10 of this subchapter) and 
defense services (see Sec.  120.9 of this subchapter) directly related 
to the defense articles enumerated in paragraphs (a) through (e) of 
this category and classified technical data directly related to items 
controlled in ECCNs 9A515, 9B515, 9C515, and 9D515 and defense services 
using the classified technical data. (See Sec.  125.4 of this 
subchapter for exemptions.) (MT for technical data and defense services 
related to articles designated as such.)
    (g)-(w) [Reserved]
    (x) Commodities, software, and technical data subject to the EAR 
(see Sec.  120.42 of this subchapter) used in or with defense articles 
controlled in this category.

    Note to paragraph (x):  Use of this paragraph is limited to 
license applications for defense articles controlled in this 
category where the purchase documentation includes commodities, 
software, or technical data subject to the EAR (see Sec.  123.1(b) 
of this subchapter).

* * * * *

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

0
5. The authority citation for part 124 is revised it 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. 2651a; 22 U.S.C. 2776; Pub. 
L. 105-261; Pub. L. 111-266; Section 1261, Pub. L. 112-239; E.O. 
13637, 78 FR 16129.

0
6. In Sec.  124.1, paragraph (a) is revised to read as follows:

Sec.  124.1  Manufacturing license agreements and technical assistance 
agreements.

    (a) Approval. The approval of the Directorate of Defense Trade 
Controls must be obtained before the defense services described in 
Sec.  120.9(a) of this subchapter may be furnished. In order to obtain 
such approval, the U.S. person must submit a proposed agreement to the 
Directorate of Defense Trade Controls. Such agreements are generally 
characterized as manufacturing license agreements, technical assistance 
agreements, distribution agreements, or off-shore procurement 
agreements, and may not enter into force without the prior written 
approval of the Directorate of Defense Trade Controls. Once approved, 
the defense services described in the agreements may generally be 
provided without further licensing in accordance with Sec. Sec.  124.3 
and 125.4(b)(2) of this subchapter. In exceptional cases, the 
Directorate of Defense Trade Controls, upon written request, will 
consider approving the provision of defense services described in Sec.  
120.9(a) of this subchapter by granting a license under part 125 of 
this subchapter.
* * * * *
0
7. Section 124.2 is amended by revising the section header, removing 
and reserving paragraphs (a) and (b), and revising paragraph (c) 
introductory text to read as follows:

Sec.  124.2  Exemptions for training and related technical data.

* * * * *
    (c) For NATO countries, Australia, Japan, and Sweden, in addition 
to the basic maintenance information exemption in Sec.  125.4(b)(5) of 
this subchapter, no technical assistance agreement is required for 
maintenance training or the performance of maintenance, including the 
export of supporting technical data, when the following criteria can be 
met:
* * * * *

    Dated: May 14, 2013.
Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and International Security, 
Department of State.
[FR Doc. 2013-11985 Filed 5-23-13; 8:45 am]
BILLING CODE 4710-25-P
```