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[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 30001-30002]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12621]

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DEPARTMENT OF STATE

22 CFR Part 126

RIN 1400-AC83
[Public Notice 7466]

Amendment to the International Traffic in Arms Regulations: Libya

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations (ITAR) to update the policy regarding Libya to 
reflect the United Nations Security Council arms embargoes adopted in 
February and March.

DATES: Effective Date: This rule is effective May 24, 2011.

FOR FURTHER INFORMATION CONTACT: Nicholas Memos, Office of Defense 
Trade Controls Policy, Department of State, by telephone: (202) 663-
2804; fax: (202) 261-8199; or e-mail: memosni@state.gov. Attn: Part 
126, Libya.

SUPPLEMENTARY INFORMATION: On February 26, 2011, the United Nations 
Security Council adopted Resolution 1970, paragraph 9 of which provides 
that U.N. member states shall immediately take the necessary measures 
to prevent the sale, supply or transfer of arms and related materiel of 
all types to the Libyan Arab Jamahiriya, with certain exceptions. 
Additionally, on March 17, 2011, the U.N. Security Council adopted 
Resolution 1973, paragraph 4 of which authorizes member states to take 
all necessary measures, notwithstanding the arms embargo established by 
paragraph 9 of Resolution 1970, to protect civilians and civilian 
populated areas under threat of attack in Libya. This rulemaking 
implements the Security Council's actions within the ITAR by adding 
Libya to Sec.  126.1(c) and revising the previous policy on Libya 
contained in Sec.  126.1(k) to announce a policy of denial for all 
requests for licenses or other approvals to export or otherwise 
transfer defense articles and services to Libya, except where not 
prohibited under UNSC embargo and determined to be in the interests of 
the national security and foreign policy of the United States.

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 Sec.  553 (Rulemaking) and Sec.  554 
(Adjudications) of the Administrative Procedure Act. Since this rule is 
exempt from 5 U.S.C. 553, it is the view of the Department of State 
that the provisions of Sec.  553(d) do not apply to this rulemaking. 
Therefore, this rule is effective upon publication. The Department also 
finds that, given the national security issues surrounding U.S. policy 
towards Libya, that notice and public procedure on this rule would be 
impracticable, unnecessary, or contrary to the public interest. See 5 
U.S.C. 808(2).

Regulatory Flexibility Act

    Since this amendment is not subject to the notice-and-comment 
procedures of 5 U.S.C. 553, it does not require analysis under the 
Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This amendment 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.

Executive Order 13175

    The Department has determined that this rule will not have tribal 
implications, will not impose substantial direct compliance costs on 
Indian tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of Section 5 of Executive Order 13175 do 
not apply to this rule.

Small Business Regulatory Enforcement Fairness Act of 1996

    This amendment has been found not to be a major rule within the 
meaning of the Small Business Regulatory Enforcement Fairness Act of 
1996.

Executive Orders 12372 and 13132

    This amendment will not have substantial direct effects on the 
States,

[[Page 30002]]

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 amendment does not have sufficient 
federalism implications to require consultations or warrant the 
preparation of a federalism summary impact statement. The regulations 
implementing Executive Order 12372 regarding intergovernmental 
consultation on Federal programs and activities do not apply to this 
amendment.

Executive Orders 12866 and 13563

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. The Department 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 governing the conduct of this function are exempt from the 
requirements of Executive Order 12866. Because this rulemaking concerns 
a foreign affairs function of the United States, the Department of 
State has determined that public participation in this rulemaking under 
Section 2 of Executive Order 13563 is not required.

Executive Order 12988

    The Department of State has reviewed the amendment 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.

Paperwork Reduction Act

    This rule does not impose any new reporting or recordkeeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 126

    Arms and munitions, Exports.

    Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, part 126, is amended as follows:

PART 126--GENERAL POLICIES AND PROVISIONS

0
1. The authority citation for part 126 continues to read as follows:

    Authority:  Secs. 2, 38, 40, 42, and 71, Pub. L. 90-629, 90 
Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791 and 2797); E.O. 11958, 
42 FR 4311; 3 CFR, 1977 Comp., p.79; 22 U.S.C. 2651a; 22 U.S.C. 
287c; E.O. 12918, 59 FR 28205; 3 CFR, 1994 Comp., p.899; Sec. 1225, 
Pub. L. 108-375.

0
2. Section 126.1 is amended by revising paragraphs (c) and (k) to read 
as follows:

Sec.  126.1  Prohibited exports and sales to certain countries.

* * * * *
    (c) Exports and sales prohibited by United Nations Security Council 
embargoes. Whenever the United Nations Security Council mandates an 
arms embargo, all transactions that are prohibited by the embargo and 
that involve U.S. persons (see Sec.  120.15 of this chapter) anywhere, 
or any person in the United States, and defense articles or services of 
a type enumerated on the United States Munitions List (22 CFR part 
121), irrespective of origin, are prohibited under the ITAR for the 
duration of the embargo, unless the Department of State publishes a 
notice in the Federal Register specifying different measures. This 
would include, but is not limited to, transactions involving trade by 
U.S. persons who are located inside or outside of the United States in 
defense articles or services of U.S. or foreign origin that are located 
inside or outside of the United States. United Nations Arms Embargoes 
include, but are not necessarily limited to, the following countries:
    (1) Cote d'Ivoire.
    (2) Democratic Republic of Congo (see also paragraph (i) of this 
section).
    (3) Iraq.
    (4) Iran.
    (5) Lebanon.
    (6) Liberia.
    (7) Libya (see also paragraph (k) of this section).
    (8) North Korea.
    (9) Sierra Leone.
    (10) Somalia.
    (11) Sudan.
* * * * *
    (k) Libya. It is the policy of the United States to deny licenses 
or other approvals for exports or imports of defense articles and 
defense services destined for or originating in Libya, except where it 
determines, upon case-by-case review, that the transaction (or 
activity) is not prohibited under applicable U.N. Security Council 
resolutions and that the transaction (or activity) is in furtherance of 
the national security and foreign policy of the United States.
* * * * *

    Dated: May 17, 2011.
Ellen O. Tauscher,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 2011-12621 Filed 5-23-11; 8:45 am]
BILLING CODE 4710-25-P
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