[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Rules and Regulations]
[Pages 58041-58042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23575]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 6384]


Amendment to the International Arms Traffic in Arms Regulations: 
Eritrea

AGENCY: Department of State.

ACTION: Final Rule.

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[[Page 58042]]

SUMMARY: The Department of State is adding Eritrea to its regulations 
on prohibited exports and sales to certain countries as a result of its 
designation as a country not cooperating fully with antiterrorism 
efforts.

DATES: This rule is effective October 3, 2008.

FOR FURTHER INFORMATION CONTACT: Nicholas Memos, Office of Defense 
Trade Controls Policy, Department of State, Telephone (202) 663-2804 or 
Fax (202) 261-8199; E-mail <a href="/cdn-cgi/l/email-protection#480c1c0b1a2d3b3827263b2d1c2d2925083b3c293c2d662f273e"><span class="__cf_email__" data-cfemail="22667661704751524d4c51477647434f6251564356470c454d54">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On May 14, the Deputy Secretary of State 
determined that six countries, Cuba, Eritrea, Iran, North Korea, Syria 
and Venezuela, are not cooperating fully with anti-terrorism efforts 
(73 FR 29172). As a result of this determination, Section 40A of the 
Arms Export Control Act, as amended (22 U.S.C. 2781), prohibits the 
sale or licensing for export of defense articles and defense services 
to those countries effective October 1. This rule adds Eritrea to the 
list of countries identified in 22 CFR 126.1(a).

Regulatory Analysis and Notices

Administrative Procedure Act

    This amendment involves a foreign affairs function of the United 
States and, therefore, is not subject to the procedures contained in 5 
U.S.C. 553 and 554.

Regulatory Flexibility Act

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

Unfunded Mandates 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.

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, 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 Order 12866

    This amendment is exempt from review under Executive Order 12866, 
but has been reviewed internally by the Department of State to ensure 
consistency with the purposes thereof.

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.

0
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 paragraph (a) as follows:


Sec.  126.1  Prohibited exports and sales to certain countries.

    (a) General. It is the policy of the United States to deny licenses 
and other approvals for exports and imports of defense articles and 
defense services, destined for or originating in certain countries. 
This policy applies to Belarus, Cuba, Eritrea, Iran, North Korea, 
Syria, and Venezuela. This policy also applies to countries with 
respect to which the United States maintains an arms embargo (e.g., 
Burma, China, Liberia, and Sudan) or whenever an export would not 
otherwise be in furtherance of world peace and the security and foreign 
policy of the United States. Information regarding certain other 
embargoes appears elsewhere in this section. Comprehensive arms 
embargoes are normally the subject of a State Department notice 
published in the Federal Register. The exemptions provided in the 
regulations in this subchapter, except Sec.  123.17 of this subchapter, 
do not apply with respect to articles originating in or for export to 
any proscribed countries, areas, or persons in this Sec.  126.1.
* * * * *

    Dated: September 25, 2008.
John C. Rood,
Acting Under Secretary for Arms Control and International Security, 
Department of State.
[FR Doc. E8-23575 Filed 10-3-08; 8:45 am]
BILLING CODE 4710-25-P


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