[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Rules and Regulations]
[Pages 79140-79142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21849]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 12515]
RIN 1400-AF87


Amendment to the International Traffic in Arms Regulations: 
Prohibited Exports, Imports, and Sales to or From Certain Countries--
Cyprus

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations to reflect current defense trade policy toward 
Cyprus.

DATES: This rule is effective on October 1, 2024.

FOR FURTHER INFORMATION CONTACT: Mr. Hershel Tamboli, Foreign Affairs 
Officer, Office of Defense Trade Controls Policy, U.S. Department of 
State, telephone (771) 204-0008; email <a href="/cdn-cgi/l/email-protection#5511110116162026213a383027063027233c36301526213421307b323a23"><span class="__cf_email__" data-cfemail="763232223535030502191b1304251304001f151336050217021358111900">[email protected]</span></a>. 
ATTN: Regulatory Change, ITAR Section 126.1 Cyprus Country Policy 
Update.

SUPPLEMENTARY INFORMATION: The Department of State (the Department) 
amends section 126.1 of the International Traffic in Arms Regulations 
(ITAR) (22 CFR parts 120 through 130) to specify that the Republic of 
Cyprus' status as a proscribed destination is suspended from October 1, 
2024, through September 30, 2025. This action continues the 
Department's current policy, which originally lifted the arms embargo 
to the Republic of Cyprus, under section 126.1 of the ITAR, on October 
1, 2022.
    Specifically, section 1250A(d) of the National Defense 
Authorization Act for

[[Page 79141]]

Fiscal Year 2020 (Pub. L. 116-92) (2020 NDAA) and section 205(d) of the 
Eastern Mediterranean Security and Energy Partnership Act of 2019 (Pub. 
L. 116-94, Div. J.) (EMSEPA) provide that the policy of denial for 
exports, reexports, and transfers of defense articles on the United 
States Munitions List to the Republic of Cyprus shall remain in place 
unless the President determines and certifies to the appropriate 
congressional committees not less than annually that: (A) the 
Government of the Republic of Cyprus is continuing to cooperate with 
the United States Government in efforts to implement reforms on anti-
money laundering regulations and financial regulatory oversight; and 
(B) the Government of the Republic of Cyprus has made and is continuing 
to take the steps necessary to deny Russian military vessels access to 
ports for refueling and servicing.
    On April 14, 2020, the President delegated to the Secretary of 
State the functions and authorities vested by the 2020 NDAA and the 
EMSEPA (85 FR 35797, June 12, 2020). On August 19, 2024, utilizing 
these authorities, the Secretary of State certified to the appropriate 
congressional committees that the Republic of Cyprus meets the 
statutory requirements to remove the policy of denial for exports, 
reexports, and transfers of defense articles to the Republic of Cyprus 
for fiscal year 2025. The Secretary of State further approved the 
suspension of the policy of denial for exports, reexports, and 
transfers of defense articles and defense services to the Republic of 
Cyprus for fiscal year 2025. In conjunction with this action, the 
Secretary of State also suspended the policy of denial for retransfers 
and temporary imports destined for or originating in the Republic of 
Cyprus and brokering activities involving the Republic of Cyprus for 
fiscal year 2025.
    As a result of this certification, certain exemptions to licensing 
requirements continue to be available for exports, reexports, 
retransfers, and temporary imports destined for or originating in the 
Republic of Cyprus and brokering activities involving the Republic of 
Cyprus, provided the conditions for use of those exemptions are met. 
Applications for licenses and other authorizations submitted to the 
Directorate of Defense Trade Controls involving the Republic of Cyprus 
and nationals of the Republic of Cyprus are subject to case-by-case 
review.

Regulatory Analysis and Notices

Administrative Procedure Act

    This rulemaking involves a military or foreign affairs function of 
the United States under 5 U.S.C. 553(a). As the provisions of section 
553 do not apply to this rulemaking, the Department is publishing this 
rule with a specified effective date and without a request for public 
comment.

Regulatory Flexibility Act

    Since this rule is exempt from the notice-and-comment rulemaking 
provisions of 5 U.S.C. 553, it does not require analysis under the 
Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This 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.

Congressional Review Act

    It is the view of the Office of Information and Regulatory Affairs 
that this rulemaking is not a major rule under the criteria of 5 U.S.C. 
804. This rule will not increase costs or prices and should have no 
adverse effects on competition, employment, investment, productivity, 
innovation, or the ability of U.S.-based enterprises to compete with 
foreign-based enterprises in domestic and export markets. The 
Department does not expect this rule to have an annual effect on the 
economy of $100 million or more.

Executive Orders 12372 and 13132

    This 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 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 rulemaking.

Executive Orders 12866, 13563, and 14094

    Executive Orders 12866 (as amended by Executive Order 14094) and 
13563 direct agencies to assess all 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). Executive Order 13563 emphasizes the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility. Because the scope of 
this rule implements a governmental policy expanding defense trade with 
a country, and does not impose additional regulatory requirements or 
obligations, the Department believes costs associated with this rule 
will be minimal. This rule has been designated as a significant 
regulatory action by the Office of Information and Regulatory Affairs 
under Executive Order 12866, as amended.

Executive Order 12988

    The Department of State has reviewed this rulemaking in light 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 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 requirements of Executive Order 13175 do 
not apply to this rulemaking.

Paperwork Reduction Act

    This rulemaking does not impose or revise any information 
collections subject to 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:  22 U.S.C. 287c, 2651a, 2752, 2753, 2776, 2778, 2779, 
2779a, 2780, 2791, 2797; Sec. 1225, Pub. L. 108-375, 118 Stat. 2091; 
Sec. 7045, Pub. L. 112-74, 125 Stat. 1232; Sec. 1250A, Pub. L 116-
92, 133 Stat. 1665; Sec. 205, Pub. L. 116-94, 133 Stat.

[[Page 79142]]

3052; E.O. 13637, 78 FR 16129, 3 CFR, 2013 Comp., p. 223.


0
2. Amend Sec.  126.1 by revising paragraph (r)(2) to read as follows:


Sec.  126.1  Prohibited exports, imports, and sales to or from certain 
countries.

* * * * *
    (r) * * *
    (2) From October 1, 2024, through September 30, 2025, the policy of 
denial and the status of Cyprus as a proscribed destination is 
suspended.
* * * * *

Bonnie D. Jenkins,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 2024-21849 Filed 9-26-24; 8:45 am]
BILLING CODE 4710-25-P


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