81_FR_66993 81 FR 66804 - Amendment to the International Traffic in Arms Regulations: Tunisia, Eritrea, Somalia, the Democratic Republic of the Congo, Liberia, Côte d'Ivoire, Sri Lanka, Vietnam, and Other Changes

81 FR 66804 - Amendment to the International Traffic in Arms Regulations: Tunisia, Eritrea, Somalia, the Democratic Republic of the Congo, Liberia, Côte d'Ivoire, Sri Lanka, Vietnam, and Other Changes

DEPARTMENT OF STATE

Federal Register Volume 81, Issue 189 (September 29, 2016)

Page Range66804-66807
FR Document2016-23284

The Department of State is amending the International Traffic in Arms Regulations (ITAR) to designate Tunisia as a major non-NATO ally (MNNA); reorganize the content in several paragraphs to clarify the intent of the ITAR; update defense trade policy regarding Eritrea, Somalia, the Democratic Republic of the Congo, Liberia, and C[ocirc]te d'Ivoire to reflect resolutions adopted by the United Nations Security Council; update defense trade policy regarding Sri Lanka to reflect the Consolidated Appropriations Act, 2016; and update defense trade policy regarding Vietnam to reflect a determination made by the Secretary of State.

Federal Register, Volume 81 Issue 189 (Thursday, September 29, 2016)
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66804-66807]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23284]


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DEPARTMENT OF STATE

22 CFR Parts 120 and 126

[Public Notice: 9602]
RIN 1400-AD95


Amendment to the International Traffic in Arms Regulations: 
Tunisia, Eritrea, Somalia, the Democratic Republic of the Congo, 
Liberia, C[ocirc]te d'Ivoire, Sri Lanka, Vietnam, and Other Changes

AGENCY: Department of State.

ACTION: Interim final rule.

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

SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations (ITAR) to designate Tunisia as a major non-NATO 
ally (MNNA); reorganize the content in several paragraphs to clarify 
the intent of the ITAR; update defense trade policy regarding Eritrea, 
Somalia, the Democratic Republic of the Congo, Liberia, and C[ocirc]te 
d'Ivoire to reflect resolutions adopted by the United Nations Security 
Council; update defense trade policy regarding Sri Lanka to reflect the 
Consolidated Appropriations Act, 2016; and update defense trade policy 
regarding Vietnam to reflect a determination made by the Secretary of 
State.

DATES: The rule is effective on September 29, 2016. The Department of 
State will accept comments on this interim final rule until October 31, 
2016.

ADDRESSES: Interested parties may submit comments within 30 days of the 
date of publication by one of the following methods:
     Email: [email protected] with the subject line, 
``ITAR Amendment--Section 126.1 Re-organization.''
     Internet: At www.regulations.gov, search for docket number 
DOS-2016-0059.

Comments received after that date may be considered, 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: Mr. C. Edward Peartree, Director, 
Office of Defense Trade Controls Policy, U.S. Department of State, 
telephone (202) 663-2792, or email [email protected]. ATTN: 
Regulatory Change, ITAR Section 126.1 Update 2016.

SUPPLEMENTARY INFORMATION: In Presidential Determination No. 2015-09, 
on July 10, 2015, President Obama exercised his authority under Sec.  
517 of the Foreign Assistance Act of 1961 (FAA) to designate Tunisia as 
a MNNA for the purposes of the FAA and the Arms Export Control Act 
(AECA). The Department of State amends ITAR Sec.  120.32 to reflect 
this change.
    Paragraphs (a), (c), and (d) of Sec.  126.1 of the ITAR are updated 
to enhance their clarity. The fundamental content of the aforementioned 
paragraphs is not changing, but is reorganized in this rule by subject 
matter. The lists of proscribed countries were previously in multiple 
paragraphs, but are now consolidated in paragraph (d). Provisions 
relevant to the rationale for defense trade sanctions, previously 
located in paragraphs (a), (c), and (d) are now consolidated in 
paragraph (c). Section 126.18 of the ITAR is amended to maintain 
conformity with revised paragraph (d) of ITAR Sec.  126.1.
    Recent actions by the United Nations (UN), Congress, and the 
Executive require the Department to amend ITAR Sec.  126.1 to reflect 
the change in policy towards individual nations identified in that 
section.
    On October 23, 2015, the United Nations Security Council (UNSC) 
adopted United Nations Security Council Resolution (UNSCR) 2244, which 
reaffirmed the arms embargoes on Eritrea and Somalia. Exemptions from 
the arms embargo on Somalia are set forth in paragraphs 6 through 11 of 
UNSCR 2111 and paragraphs 2 through 9 of UNSCR 2142. Thus subparagraphs 
(1) and (2) of Sec.  126.1(m) of the ITAR have been revised to reflect 
this change, and subparagraphs (3) through (6) are added to reflect new 
exceptions for Somalia as enumerated in UNSCR 2111. The revised control 
text follows the language as published in the aforementioned UNSCRs.
    Exemptions from the arms embargo on Eritrea are set forth in 
paragraphs 12 and 13 of UNSCR 2111; consequently, Eritrea will be moved 
to paragraph (h) of Sec.  126.1. The revised control text follows the 
language as published in the aforementioned UNSCRs. The Department 
modifies paragraph (h) of ITAR Sec.  126.1 accordingly.
    On June 23, 2016, the UNSC adopted Resolution 2293, which expanded 
the exemptions from the arms embargo on the Democratic Republic of the 
Congo. Exemptions from the arms embargo are set forth in paragraph 3 of 
the UNSCR. The revised control text follows the language as published 
in the aforementioned UNSCR. The Department modifies paragraph (i) of 
ITAR Sec.  126.1 accordingly.
    On May 25, 2016, the UNSC adopted Resolution 2288, which terminated 
the sanctions regime against Liberia, including restrictions on exports 
to Liberia of arms and related materiel. The Department reserves 
paragraph (o) to remove Liberia from ITAR Sec.  126.1.
    On April 28, 2016 the UNSC adopted Resolution 2283, which 
terminated the sanctions regime against C[ocirc]te d'Ivoire, including 
restrictions on exports to C[ocirc]te d'Ivoire of arms and related 
materiel. The Department reserves paragraph (q) to remove C[ocirc]te 
d'Ivoire from ITAR Sec.  126.1.

[[Page 66805]]

    Licensing restrictions relating to Sri Lanka articulated in section 
7044(e) of the Consolidated Appropriations Act, 2015, Public Law 113-
235, and in previous appropriations acts, were not carried forward in 
section 7044(e) of the Consolidated Appropriations Act, 2016, Public 
Law 114-113. Therefore, the Department reserves paragraph (n) to remove 
Sri Lanka from ITAR Sec.  126.1.
    The Secretary of State lifted the ban on lethal weapons sales to 
Vietnam in May 2016. Accordingly, the Department reserves paragraph (l) 
and the associated note to remove Vietnam from ITAR Sec.  126.1.
    For more information, please visit the Directorate of Defense Trade 
Controls (DDTC) internet Web site at https://www.pmddtc.state.gov/.

Request for Comments

    The Department invites public comment regarding the organization 
and clarity of paragraphs (a), (c), and (d) of ITAR Sec.  126.1, as set 
forth in this rulemaking. Comments regarding the foreign policy of the 
United States as described herein are outside of the scope of this 
request.

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. Since this rule is 
exempt from 5 U.S.C. 553, 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 the aforementioned countries, there is 
good cause for the effective date of this rule to be the date of 
publication, as provided by 5 U.S.C. 553(d)(3).

Regulatory Flexibility Act

    Since this 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 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

    The Department does not believe this rulemaking is a major rule 
within the definition of 5 U.S.C. 804.

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, the Department has determined that this 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 activities do 
not apply to this 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. The 
Department has determined that the benefits of this rulemaking outweigh 
any cost to the public, which the Department believes will be minimal. 
This rule has been designated a ``significant regulatory action,'' 
although not economically significant, under section 3(f) of Executive 
Order 12866. Accordingly, the rule has been reviewed by the Office of 
Management and Budget (OMB).

Executive Order 12988

    The Department of State 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 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 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 Parts 120 and 126

    Arms and munitions, Exports.

    Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, parts 120 and 126 are amended as follows:

PART 120--PURPOSE AND DEFINITIONS

0
1. The authority citation for part 120 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. 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 120.32 is revised to read as follows:


Sec.  120.32  Major non-NATO ally.

    Major non-NATO ally, as defined in section 644(q) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2403(q)), means a country that is 
designated in accordance with section 517 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2321k) as a major non-NATO ally for purposes of the 
Foreign Assistance Act of 1961 and the Arms Export Control Act (22 
U.S.C. 2151 et seq. and 22 U.S.C. 2751 et seq.). The following 
countries are designated as major non-NATO allies: Afghanistan (see 
Sec.  126.1(g) of this subchapter), Argentina, Australia, Bahrain, 
Egypt, Israel, Japan, Jordan, Kuwait, Morocco, New Zealand, Pakistan, 
the Philippines, Republic of Korea, Thailand, and Tunisia. Taiwan shall 
be treated as though it were designated a major non-NATO ally.

PART 126--GENERAL POLICIES AND PROVISIONS

0
3. 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); 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; Sec. 7089, Pub. L. 111-117; Pub. L. 111-
266; Sections 7045 and 7046, Pub. L. 112-74; E.O. 13637, 78 FR 
16129.


0
4. Section 126.1 is amended by

[[Page 66806]]

0
a. Revising paragraphs (a), (c), and (d);
0
b. Adding paragraph (h);
0
c. Revising paragraphs (i)(2) and (3):
0
d. Adding paragraph (i)(5):
0
e. Removing and reserving paragraph (l);
0
f. Revising paragraph (m); and
0
g. Removing and reserving paragraphs (n), (o), and (q).
    The revisions and additions read as follows:


Sec.  126.1  Prohibited exports, imports, and sales to or from 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. The 
exemptions provided in this subchapter, except Sec. Sec.  123.17, 
126.4, and 126.6 of this subchapter, or when the recipient is a U.S. 
government department or agency, do not apply with respect to defense 
articles or defense services originating in or for export to any 
proscribed countries, areas, or persons. (See Sec.  129.7 of this 
subchapter, which imposes restrictions on brokering activities similar 
to those in this section).
* * * * *
    (c) Identification in Sec.  126.1 of the ITAR may derive from:
    (1) Exports and sales prohibited by United Nations Security Council 
sanctions measures. Whenever the United Nations Security Council 
mandates sanctions measures, all transactions that are prohibited by 
the aforementioned measures and involve U.S. persons (see Sec.  120.15 
of this subchapter) inside or outside of the United States, or any 
person in the United States, and defense articles or defense services 
described on the United States Munitions List (22 CFR part 121), 
irrespective of origin, are prohibited under the ITAR for the duration 
of the sanction, unless the Department of State publishes a notice in 
the Federal Register specifying different measures.
    (2) Terrorism. Exports or temporary imports of defense articles or 
defense services to countries that the Secretary of State has 
determined to be State Sponsors of Terrorism are prohibited under the 
ITAR. These countries have repeatedly provided support for acts of 
international terrorism, which is contrary to the foreign policy of the 
United States and thus subject to the policy specified in paragraph (a) 
of this section and the requirements of section 40 of the Arms Export 
Control Act (22 U.S.C. 2780) and the Omnibus Diplomatic Security and 
Anti-Terrorism Act of 1986 (22 U.S.C. 4801). Exports to countries that 
the Secretary of State has determined and certified to Congress, 
pursuant to section 40A of the Arms Export Control Act (22 U.S.C. 2781) 
and Executive Order 13637, are not cooperating fully with United States 
antiterrorism efforts are subject to the policy specified in paragraph 
(a) of this section. The Secretary of State makes such determinations 
and certifications annually.
    (3) Arms embargoes and sanctions. The policy specified in paragraph 
(a) of this section applies to countries subject to a United States 
arms embargo or sanctions regime, such as those described in the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the 
International Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.), 
or the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c-2370c-2), 
or whenever an export of defense articles or defense services would not 
otherwise be in furtherance of world peace and the security and foreign 
policy of the United States.
    (d) Countries subject to certain prohibitions:
    (1) For defense articles and defense services, the following 
countries have a policy of denial:

------------------------------------------------------------------------
                                 Country
-------------------------------------------------------------------------
Belarus.
Burma.
China.
Cuba.
Iran.
North Korea.
Syria.
Venezuela.
------------------------------------------------------------------------

    (2) For defense articles and defense services, a policy of denial 
applies to the following countries except as specified in the 
associated paragraphs below:

------------------------------------------------------------------------
                                            Country specific paragraph
                Country                              location
------------------------------------------------------------------------
Afghanistan............................  See also paragraph (g) of this
                                          section.
Central African Republic...............  See also paragraph (u) of this
                                          section.
Cyprus.................................  See also paragraph (r) of this
                                          section.
Democratic Republic of Congo...........  See also paragraph (i) of this
                                          section.
Eritrea................................  See also paragraph (h) of this
                                          section.
Haiti..................................  See also paragraph (j) of this
                                          section.
Iraq...................................  See also paragraph (f) of this
                                          section.
Lebanon................................  See also paragraph (t) of this
                                          section.
Libya..................................  See also paragraph (k) of this
                                          section.
Somalia................................  See also paragraph (m) of this
                                          section.
Sudan..................................  See also paragraph (v) of this
                                          section.
Zimbabwe...............................  See also paragraph (s) of this
                                          section.
------------------------------------------------------------------------

* * * * *
    (h) Eritrea. 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 Eritrea, except that a 
license or other approval may be issued, on a case-by-case basis, for:
    (1) Non-lethal military equipment intended solely for humanitarian 
or protective use, as approved in advance by the relevant committee of 
the Security Council; or
    (2) Personal protective clothing, including flak jackets and 
military helmets, temporarily exported to Eritrea by United Nations 
personnel, representatives of the media, humanitarian and development 
workers, and associated personnel for their personal use only.
    (i) * * *
    (2) Defense articles and defense services intended solely for the 
support of or use by the United Nations Organization Stabilization 
Mission in the Democratic Republic of the Congo (MONUSCO) or the 
African Union-Regional Task Force;
    (3) Protective clothing, including flak jackets and military 
helmets, temporarily exported to the Democratic Republic of the Congo 
by United Nations personnel, representatives of the media, and 
humanitarian and

[[Page 66807]]

development workers and associated personnel, for their personal use 
only;
* * * * *
    (5) Defense articles and defense services as approved by the 
relevant committee of the Security Council.
* * * * *
    (l) [Reserved]
    (m) Somalia. 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 Somalia, except that a 
license or other approval may be issued, on a case-by-case basis, for:
    (1) Defense articles and defense services intended solely for the 
support of or use by the following:
    (i) The African Union Mission in Somalia (AMISOM);
    (ii) United Nations personnel, including the United Nations 
Assistance Mission in Somalia (UNSOM);
    (iii) AMISOM's strategic partners, operating solely under the 
African Union (AU) Strategic Concept of January 5, 2012 (or subsequent 
AU strategic concepts), and in cooperation and coordination with 
AMISOM; or
    (iv) The European Union Training Mission (EUTM) in Somalia.
    (2) Defense articles and defense services intended solely for the 
development of the Security Forces of the Federal Government of 
Somalia, to provide security for the Somali people, notified to the 
relevant committee of the Security Council at least five days in 
advance, except in relation to deliveries of the following articles, 
the supply of which needs to be approved in advance by the relevant 
committee of the Security Council:
    (i) Surface to air missiles, including Man-Portable Air-Defense 
Systems (MANPADS);
    (ii) Guns, howitzers, and cannons with a caliber greater than 12.7 
mm, and ammunition and components specially designed for these (this 
does not include shoulder fired anti-tank rocket launchers such as RPGs 
or LAWs, rifle grenades, or grenade launchers);
    (iii) Mortars with a caliber greater than 82 mm;
    (iv) Anti-tank guided weapons, including Anti-tank Guided Missiles 
(ATGMs) and ammunition and components specially designed for these 
items;
    (v) Charges and devices intended for military use containing 
energetic material; mines, and related materiel; and
    (vi) Weapon sights with a night vision capability.
    (3) Defense articles and defense services supplied by United 
Nations member states or international, regional, or subregional 
organizations intended solely for the purposes of helping develop 
Somali security sector institutions, other than the Security Forces of 
the Federal Government of Somalia, and in the absence of a negative 
decision by the relevant committee of the Security Council within five 
working days of receiving a notification of any such assistance from 
the supplying State, international, regional or subregional 
organization;
    (4) Defense articles for the sole use by United Nations member 
states or international, regional, or subregional organizations 
undertaking measures to suppress acts of piracy and armed robbery at 
sea off the coast of Somalia, upon the request of the Federal 
Government of Somalia for which it has notified the Secretary-General, 
and provided that any measures undertaken shall be consistent with 
applicable international humanitarian and human rights laws;
    (5) Personal protective clothing, including flak jackets and 
military helmets, temporarily exported to Somalia by United Nations 
personnel, representatives of the media, humanitarian or development 
workers, or associated personnel for their personal use only; or
    (6) Supplies of non-lethal defense articles intended solely for 
humanitarian or protective use, notified to the relevant committee of 
the Security Council five days in advance for its information only, by 
the supplying State, international, regional, or subregional 
organization.
    (n)-(o) [Reserved]
* * * * *
    (q) [Reserved]
* * * * *

0
5. Section 126.18 is amended by revising the fourth sentence of 
paragraph (c)(2) to read as follows:


Sec.  126.18  Exemptions regarding intra-company, intra-organization, 
and intra-government transfers to employees who are dual nationals or 
third-country nationals.

* * * * *
    (c) * * *
    (2) * * * Although nationality does not, in and of itself, prohibit 
access to defense articles, an employee who has substantive contacts 
with persons from countries listed in Sec.  126.1(d)(1) shall be 
presumed to raise a risk of diversion, unless DDTC determines 
otherwise. * * *

Rose E. Gottemoeller,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 2016-23284 Filed 9-28-16; 8:45 am]
BILLING CODE 4710-25-P



                                                66804            Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations

                                                   (3) The following service information was             defense trade policy regarding Vietnam                paragraphs, but are now consolidated in
                                                approved for IBR on September 23, 2016 (81               to reflect a determination made by the                paragraph (d). Provisions relevant to the
                                                FR 61987, September 8, 2016).                            Secretary of State.                                   rationale for defense trade sanctions,
                                                   (i) Gulfstream II Maintenance Manual TR                                                                     previously located in paragraphs (a), (c),
                                                5–3, dated April 15, 2016.                               DATES: The rule is effective on
                                                   (ii) Gulfstream IIB Maintenance Manual TR             September 29, 2016. The Department of                 and (d) are now consolidated in
                                                5–3, dated April 15, 2016.                               State will accept comments on this                    paragraph (c). Section 126.18 of the
                                                   (iii) Gulfstream III Maintenance Manual TR            interim final rule until October 31,                  ITAR is amended to maintain
                                                5–2, dated April 15, 2016.                               2016.                                                 conformity with revised paragraph (d) of
                                                   (iv) Gulfstream IV Maintenance Manual TR                                                                    ITAR § 126.1.
                                                5–7, dated April 29, 2016.                               ADDRESSES:    Interested parties may                     Recent actions by the United Nations
                                                   (4) For service information identified in             submit comments within 30 days of the                 (UN), Congress, and the Executive
                                                this AD, contact Gulfstream Aerospace                    date of publication by one of the                     require the Department to amend ITAR
                                                Corporation, Technical Publications Dept.,               following methods:                                    § 126.1 to reflect the change in policy
                                                P.O. Box 2206, Savannah, GA 31402–2206;                     • Email:                                           towards individual nations identified in
                                                telephone 800–810–4853; fax 912–965–3520;                DDTCPublicComments@state.gov with
                                                email pubs@gulfstream.com; Internet http://                                                                    that section.
                                                                                                         the subject line, ‘‘ITAR Amendment—
                                                www.gulfstream.com/product_support/                                                                               On October 23, 2015, the United
                                                                                                         Section 126.1 Re-organization.’’
                                                technical_pubs/pubs/index.htm.                                                                                 Nations Security Council (UNSC)
                                                   (5) You may view this service information
                                                                                                            • Internet: At www.regulations.gov,
                                                                                                                                                               adopted United Nations Security
                                                at the FAA, Transport Airplane Directorate,              search for docket number DOS–2016–
                                                                                                                                                               Council Resolution (UNSCR) 2244,
                                                1601 Lind Avenue SW., Renton, WA. For                    0059.
                                                                                                                                                               which reaffirmed the arms embargoes
                                                information on the availability of this                  Comments received after that date may                 on Eritrea and Somalia. Exemptions
                                                material at the FAA, call 425–227–1221.                  be considered, but consideration cannot
                                                   (6) You may view this service information
                                                                                                                                                               from the arms embargo on Somalia are
                                                                                                         be assured. Those submitting comments                 set forth in paragraphs 6 through 11 of
                                                that is incorporated by reference at the                 should not include any personally
                                                National Archives and Records                                                                                  UNSCR 2111 and paragraphs 2 through
                                                Administration (NARA). For information on
                                                                                                         identifying information they do not                   9 of UNSCR 2142. Thus subparagraphs
                                                the availability of this material at NARA, call          desire to be made public or information               (1) and (2) of § 126.1(m) of the ITAR
                                                202–741–6030, or go to http://                           for which a claim of confidentiality is               have been revised to reflect this change,
                                                www.archives.gov/federal-register/cfr/ibr-               asserted because those comments and/or                and subparagraphs (3) through (6) are
                                                locations.html.                                          transmittal emails will be made                       added to reflect new exceptions for
                                                  Issued in Renton, Washington, on                       available for public inspection and                   Somalia as enumerated in UNSCR 2111.
                                                September 15, 2016.                                      copying after the close of the comment                The revised control text follows the
                                                Suzanne Masterson,                                       period via the Directorate of Defense                 language as published in the
                                                Acting Manager, Transport Airplane
                                                                                                         Trade Controls Web site at                            aforementioned UNSCRs.
                                                Directorate, Aircraft Certification Service.             www.pmddtc.state.gov. Parties who                        Exemptions from the arms embargo
                                                [FR Doc. 2016–23091 Filed 9–28–16; 8:45 am]
                                                                                                         wish to comment anonymously may do                    on Eritrea are set forth in paragraphs 12
                                                                                                         so by submitting their comments via                   and 13 of UNSCR 2111; consequently,
                                                BILLING CODE 4910–13–P
                                                                                                         www.regulations.gov, leaving the fields               Eritrea will be moved to paragraph (h)
                                                                                                         that would identify the commenter                     of § 126.1. The revised control text
                                                                                                         blank and including no identifying                    follows the language as published in the
                                                DEPARTMENT OF STATE                                      information in the comment itself.                    aforementioned UNSCRs. The
                                                22 CFR Parts 120 and 126                                 Comments submitted via                                Department modifies paragraph (h) of
                                                                                                         www.regulations.gov are immediately                   ITAR § 126.1 accordingly.
                                                [Public Notice: 9602]                                    available for public inspection.                         On June 23, 2016, the UNSC adopted
                                                RIN 1400–AD95                                            FOR FURTHER INFORMATION CONTACT: Mr.                  Resolution 2293, which expanded the
                                                                                                         C. Edward Peartree, Director, Office of               exemptions from the arms embargo on
                                                Amendment to the International Traffic                   Defense Trade Controls Policy, U.S.                   the Democratic Republic of the Congo.
                                                in Arms Regulations: Tunisia, Eritrea,                   Department of State, telephone (202)                  Exemptions from the arms embargo are
                                                Somalia, the Democratic Republic of                      663–2792, or email                                    set forth in paragraph 3 of the UNSCR.
                                                the Congo, Liberia, Côte d’Ivoire, Sri                  DDTCResponseTeam@state.gov. ATTN:                     The revised control text follows the
                                                Lanka, Vietnam, and Other Changes                        Regulatory Change, ITAR Section 126.1                 language as published in the
                                                AGENCY:    Department of State.                          Update 2016.                                          aforementioned UNSCR. The
                                                ACTION:   Interim final rule.                            SUPPLEMENTARY INFORMATION: In                         Department modifies paragraph (i) of
                                                                                                         Presidential Determination No. 2015–                  ITAR § 126.1 accordingly.
                                                SUMMARY:    The Department of State is                   09, on July 10, 2015, President Obama                    On May 25, 2016, the UNSC adopted
                                                amending the International Traffic in                    exercised his authority under § 517 of                Resolution 2288, which terminated the
                                                Arms Regulations (ITAR) to designate                     the Foreign Assistance Act of 1961                    sanctions regime against Liberia,
                                                Tunisia as a major non-NATO ally                         (FAA) to designate Tunisia as a MNNA                  including restrictions on exports to
                                                (MNNA); reorganize the content in                        for the purposes of the FAA and the                   Liberia of arms and related materiel.
                                                several paragraphs to clarify the intent                 Arms Export Control Act (AECA). The                   The Department reserves paragraph (o)
                                                of the ITAR; update defense trade policy                 Department of State amends ITAR                       to remove Liberia from ITAR § 126.1.
                                                regarding Eritrea, Somalia, the                          § 120.32 to reflect this change.                         On April 28, 2016 the UNSC adopted
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                                                Democratic Republic of the Congo,                           Paragraphs (a), (c), and (d) of § 126.1            Resolution 2283, which terminated the
                                                Liberia, and Côte d’Ivoire to reflect                   of the ITAR are updated to enhance                    sanctions regime against Côte d’Ivoire,
                                                resolutions adopted by the United                        their clarity. The fundamental content                including restrictions on exports to Côte
                                                Nations Security Council; update                         of the aforementioned paragraphs is not               d’Ivoire of arms and related materiel.
                                                defense trade policy regarding Sri Lanka                 changing, but is reorganized in this rule             The Department reserves paragraph (q)
                                                to reflect the Consolidated                              by subject matter. The lists of proscribed            to remove Côte d’Ivoire from ITAR
                                                Appropriations Act, 2016; and update                     countries were previously in multiple                 § 126.1.


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                                                                 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations                                          66805

                                                  Licensing restrictions relating to Sri                 necessary under the provisions of the                 Indian tribal governments, and will not
                                                Lanka articulated in section 7044(e) of                  Unfunded Mandates Reform Act of                       preempt tribal law. Accordingly, the
                                                the Consolidated Appropriations Act,                     1995.                                                 requirements of Executive Order 13175
                                                2015, Public Law 113–235, and in                                                                               do not apply to this rulemaking.
                                                                                                         Small Business Regulatory Enforcement
                                                previous appropriations acts, were not
                                                                                                         Fairness Act of 1996                                  Paperwork Reduction Act
                                                carried forward in section 7044(e) of the
                                                Consolidated Appropriations Act, 2016,                     The Department does not believe this                  This rule does not impose any new
                                                Public Law 114–113. Therefore, the                       rulemaking is a major rule within the                 reporting or recordkeeping requirements
                                                Department reserves paragraph (n) to                     definition of 5 U.S.C. 804.                           subject to the Paperwork Reduction Act,
                                                remove Sri Lanka from ITAR § 126.1.                      Executive Orders 12372 and 13132                      44 U.S.C. Chapter 35.
                                                  The Secretary of State lifted the ban
                                                on lethal weapons sales to Vietnam in                      This rulemaking will not have                       List of Subjects in 22 CFR Parts 120 and
                                                May 2016. Accordingly, the Department                    substantial direct effects on the States,             126
                                                reserves paragraph (l) and the associated                on the relationship between the national                Arms and munitions, Exports.
                                                note to remove Vietnam from ITAR                         government and the States, or on the                    Accordingly, for the reasons set forth
                                                § 126.1.                                                 distribution of power and                             above, Title 22, Chapter I, Subchapter
                                                  For more information, please visit the                 responsibilities among the various                    M, parts 120 and 126 are amended as
                                                Directorate of Defense Trade Controls                    levels of government. Therefore, in                   follows:
                                                (DDTC) internet Web site at https://                     accordance with Executive Order 13132,
                                                www.pmddtc.state.gov/.                                   the Department has determined that this               PART 120—PURPOSE AND
                                                                                                         rulemaking does not have sufficient                   DEFINITIONS
                                                Request for Comments
                                                                                                         federalism implications to require
                                                  The Department invites public                          consultations or warrant the preparation              ■ 1. The authority citation for part 120
                                                comment regarding the organization and                   of a federalism summary impact                        continues to read as follows:
                                                clarity of paragraphs (a), (c), and (d) of               statement. The regulations                              Authority: Secs. 2, 38, and 71, Pub. L. 90–
                                                ITAR § 126.1, as set forth in this                       implementing Executive Order 12372                    629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
                                                rulemaking. Comments regarding the                       regarding intergovernmental                           2797); 22 U.S.C. 2794; 22 U.S.C. 2651a; Pub.
                                                foreign policy of the United States as                   consultation on Federal programs and                  L. 105–261, 112 Stat. 1920; Pub. L. 111–266;
                                                described herein are outside of the                      activities do not apply to this                       Section 1261, Pub. L. 112–239; E.O. 13637,
                                                scope of this request.                                   rulemaking.                                           78 FR 16129.
                                                Regulatory Analysis and Notices                          Executive Orders 12866 and 13563                      ■ 2. Section 120.32 is revised to read as
                                                                                                                                                               follows:
                                                Administrative Procedure Act                                Executive Orders 12866 and 13563
                                                   The Department of State is of the                     direct agencies to assess costs and                   § 120.32   Major non-NATO ally.
                                                opinion that controlling the import and                  benefits of available regulatory                        Major non-NATO ally, as defined in
                                                export of defense articles and services is               alternatives and, if regulation is                    section 644(q) of the Foreign Assistance
                                                a foreign affairs function of the United                 necessary, to select regulatory                       Act of 1961 (22 U.S.C. 2403(q)), means
                                                States Government and that rules                         approaches that maximize net benefits                 a country that is designated in
                                                implementing this function are exempt                    (including potential economic,                        accordance with section 517 of the
                                                from sections 553 (rulemaking) and 554                   environmental, public health and safety               Foreign Assistance Act of 1961 (22
                                                (adjudications) of the Administrative                    effects, distributed impacts, and equity).            U.S.C. 2321k) as a major non-NATO ally
                                                Procedure Act. Since this rule is exempt                 These executive orders stress the                     for purposes of the Foreign Assistance
                                                from 5 U.S.C. 553, the provisions of                     importance of quantifying both costs                  Act of 1961 and the Arms Export
                                                § 553(d) do not apply to this                            and benefits, of reducing costs, of                   Control Act (22 U.S.C. 2151 et seq. and
                                                rulemaking. Therefore, this rule is                      harmonizing rules, and of promoting                   22 U.S.C. 2751 et seq.). The following
                                                effective upon publication. The                          flexibility. The Department has                       countries are designated as major non-
                                                Department also finds that, given the                    determined that the benefits of this                  NATO allies: Afghanistan (see § 126.1(g)
                                                national security issues surrounding                     rulemaking outweigh any cost to the                   of this subchapter), Argentina,
                                                U.S. policy towards the aforementioned                   public, which the Department believes                 Australia, Bahrain, Egypt, Israel, Japan,
                                                countries, there is good cause for the                   will be minimal. This rule has been                   Jordan, Kuwait, Morocco, New Zealand,
                                                effective date of this rule to be the date               designated a ‘‘significant regulatory                 Pakistan, the Philippines, Republic of
                                                of publication, as provided by 5 U.S.C.                  action,’’ although not economically                   Korea, Thailand, and Tunisia. Taiwan
                                                553(d)(3).                                               significant, under section 3(f) of                    shall be treated as though it were
                                                                                                         Executive Order 12866. Accordingly,                   designated a major non-NATO ally.
                                                Regulatory Flexibility Act                               the rule has been reviewed by the Office
                                                  Since this rule is exempt from the                     of Management and Budget (OMB).                       PART 126—GENERAL POLICIES AND
                                                provisions of 5 U.S.C. 553, there is no                                                                        PROVISIONS
                                                requirement for an analysis under the                    Executive Order 12988
                                                Regulatory Flexibility Act.                                 The Department of State reviewed this              ■ 3. The authority citation for part 126
                                                                                                         rulemaking in light of Executive Order                continues to read as follows:
                                                Unfunded Mandates Reform Act of 1995
                                                                                                         12988 to eliminate ambiguity, minimize                  Authority: Secs. 2, 38, 40, 42, and 71, Pub.
                                                  This rulemaking does not involve a                     litigation, establish clear legal                     L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
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                                                mandate that will result in the                          standards, and reduce burden.                         2780, 2791, and 2797); 22 U.S.C. 2651a; 22
                                                expenditure by state, local, and tribal                                                                        U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR,
                                                governments, in the aggregate, or by the                 Executive Order 13175                                 1994 Comp., p. 899; Sec. 1225, Pub. L. 108–
                                                private sector, of $100 million or more                    The Department of State determined                  375; Sec. 7089, Pub. L. 111–117; Pub. L. 111–
                                                in any year and it will not significantly                that this rulemaking will not have tribal             266; Sections 7045 and 7046, Pub. L. 112–74;
                                                or uniquely affect small governments.                    implications, will not impose                         E.O. 13637, 78 FR 16129.
                                                Therefore, no actions were deemed                        substantial direct compliance costs on                ■   4. Section 126.1 is amended by


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                                                66806                Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations

                                                ■  a. Revising paragraphs (a), (c), and (d);                                 aforementioned measures and involve                                 such determinations and certifications
                                                ■  b. Adding paragraph (h);                                                  U.S. persons (see § 120.15 of this                                  annually.
                                                ■  c. Revising paragraphs (i)(2) and (3):                                    subchapter) inside or outside of the                                  (3) Arms embargoes and sanctions.
                                                ■  d. Adding paragraph (i)(5):                                               United States, or any person in the                                 The policy specified in paragraph (a) of
                                                ■  e. Removing and reserving paragraph                                       United States, and defense articles or                              this section applies to countries subject
                                                (l);                                                                         defense services described on the                                   to a United States arms embargo or
                                                ■ f. Revising paragraph (m); and
                                                                                                                             United States Munitions List (22 CFR                                sanctions regime, such as those
                                                ■ g. Removing and reserving paragraphs
                                                                                                                             part 121), irrespective of origin, are                              described in the Foreign Assistance Act
                                                (n), (o), and (q).
                                                   The revisions and additions read as                                       prohibited under the ITAR for the                                   of 1961 (22 U.S.C. 2151 et seq.), the
                                                follows:                                                                     duration of the sanction, unless the                                International Religious Freedom Act of
                                                                                                                             Department of State publishes a notice                              1998 (22 U.S.C. 6401 et seq.), or the
                                                § 126.1 Prohibited exports, imports, and                                     in the Federal Register specifying                                  Child Soldiers Prevention Act of 2008
                                                sales to or from certain countries.                                          different measures.                                                 (22 U.S.C. 2370c–2370c–2), or whenever
                                                   (a) General. It is the policy of the                                                                                                          an export of defense articles or defense
                                                United States to deny licenses and other                                       (2) Terrorism. Exports or temporary
                                                                                                                                                                                                 services would not otherwise be in
                                                approvals for exports and imports of                                         imports of defense articles or defense                              furtherance of world peace and the
                                                defense articles and defense services,                                       services to countries that the Secretary                            security and foreign policy of the United
                                                destined for or originating in certain                                       of State has determined to be State                                 States.
                                                countries. The exemptions provided in                                        Sponsors of Terrorism are prohibited                                  (d) Countries subject to certain
                                                this subchapter, except §§ 123.17, 126.4,                                    under the ITAR. These countries have                                prohibitions:
                                                and 126.6 of this subchapter, or when                                        repeatedly provided support for acts of                               (1) For defense articles and defense
                                                the recipient is a U.S. government                                           international terrorism, which is                                   services, the following countries have a
                                                department or agency, do not apply                                           contrary to the foreign policy of the                               policy of denial:
                                                with respect to defense articles or                                          United States and thus subject to the
                                                defense services originating in or for                                       policy specified in paragraph (a) of this                                              Country
                                                export to any proscribed countries,                                          section and the requirements of section
                                                areas, or persons. (See § 129.7 of this                                      40 of the Arms Export Control Act (22                               Belarus.
                                                subchapter, which imposes restrictions                                       U.S.C. 2780) and the Omnibus                                        Burma.
                                                                                                                             Diplomatic Security and Anti-Terrorism                              China.
                                                on brokering activities similar to those                                                                                                         Cuba.
                                                in this section).                                                            Act of 1986 (22 U.S.C. 4801). Exports to                            Iran.
                                                *      *     *     *     *                                                   countries that the Secretary of State has                           North Korea.
                                                   (c) Identification in § 126.1 of the                                      determined and certified to Congress,                               Syria.
                                                ITAR may derive from:                                                        pursuant to section 40A of the Arms                                 Venezuela.
                                                   (1) Exports and sales prohibited by                                       Export Control Act (22 U.S.C. 2781) and
                                                United Nations Security Council                                              Executive Order 13637, are not                                        (2) For defense articles and defense
                                                sanctions measures. Whenever the                                             cooperating fully with United States                                services, a policy of denial applies to
                                                United Nations Security Council                                              antiterrorism efforts are subject to the                            the following countries except as
                                                mandates sanctions measures, all                                             policy specified in paragraph (a) of this                           specified in the associated paragraphs
                                                transactions that are prohibited by the                                      section. The Secretary of State makes                               below:

                                                                                                  Country                                                                               Country specific paragraph location

                                                Afghanistan ...............................................................................................         See   also   paragraph   (g) of this section.
                                                Central African Republic ...........................................................................                See   also   paragraph   (u) of this section.
                                                Cyprus ......................................................................................................       See   also   paragraph   (r) of this section.
                                                Democratic Republic of Congo ................................................................                       See   also   paragraph   (i) of this section.
                                                Eritrea .......................................................................................................     See   also   paragraph   (h) of this section.
                                                Haiti ...........................................................................................................   See   also   paragraph   (j) of this section.
                                                Iraq ............................................................................................................   See   also   paragraph   (f) of this section.
                                                Lebanon ....................................................................................................        See   also   paragraph   (t) of this section.
                                                Libya .........................................................................................................     See   also   paragraph   (k) of this section.
                                                Somalia .....................................................................................................       See   also   paragraph   (m) of this section.
                                                Sudan .......................................................................................................       See   also   paragraph   (v) of this section.
                                                Zimbabwe .................................................................................................          See   also   paragraph   (s) of this section.



                                                *     *     *      *     *                                                   by the relevant committee of the                                    of or use by the United Nations
                                                  (h) Eritrea. It is the policy of the                                       Security Council; or                                                Organization Stabilization Mission in
                                                United States to deny licenses or other                                        (2) Personal protective clothing,                                 the Democratic Republic of the Congo
                                                approvals for exports or imports of                                          including flak jackets and military                                 (MONUSCO) or the African Union-
                                                defense articles and defense services                                        helmets, temporarily exported to Eritrea                            Regional Task Force;
                                                destined for or originating in Eritrea,                                      by United Nations personnel,                                          (3) Protective clothing, including flak
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                                                except that a license or other approval                                      representatives of the media,                                       jackets and military helmets,
                                                may be issued, on a case-by-case basis,                                      humanitarian and development                                        temporarily exported to the Democratic
                                                                                                                             workers, and associated personnel for
                                                for:                                                                                                                                             Republic of the Congo by United
                                                                                                                             their personal use only.
                                                  (1) Non-lethal military equipment                                                                                                              Nations personnel, representatives of
                                                                                                                               (i) * * *                                                         the media, and humanitarian and
                                                intended solely for humanitarian or                                            (2) Defense articles and defense
                                                protective use, as approved in advance                                       services intended solely for the support


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                                                                 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations                                            66807

                                                development workers and associated                       member states or international, regional,             unless DDTC determines otherwise.
                                                personnel, for their personal use only;                  or subregional organizations intended                 * * *
                                                *       *    *     *     *                               solely for the purposes of helping                    Rose E. Gottemoeller,
                                                   (5) Defense articles and defense                      develop Somali security sector
                                                                                                                                                               Under Secretary, Arms Control and
                                                services as approved by the relevant                     institutions, other than the Security                 International Security, Department of State.
                                                committee of the Security Council.                       Forces of the Federal Government of                   [FR Doc. 2016–23284 Filed 9–28–16; 8:45 am]
                                                *       *    *     *     *                               Somalia, and in the absence of a
                                                                                                                                                               BILLING CODE 4710–25–P
                                                   (l) [Reserved]                                        negative decision by the relevant
                                                   (m) Somalia. It is the policy of the                  committee of the Security Council
                                                United States to deny licenses or other                  within five working days of receiving a
                                                approvals for exports or imports of                                                                            DEPARTMENT OF HOMELAND
                                                                                                         notification of any such assistance from              SECURITY
                                                defense articles and defense services                    the supplying State, international,
                                                destined for or originating in Somalia,                  regional or subregional organization;                 Coast Guard
                                                except that a license or other approval
                                                may be issued, on a case-by-case basis,                     (4) Defense articles for the sole use by
                                                                                                         United Nations member states or                       33 CFR Part 117
                                                for:
                                                   (1) Defense articles and defense                      international, regional, or subregional               [Docket No. USCG–2016–0668]
                                                services intended solely for the support                 organizations undertaking measures to
                                                of or use by the following:                              suppress acts of piracy and armed                     Drawbridge Operation Regulation;
                                                   (i) The African Union Mission in                      robbery at sea off the coast of Somalia,              James River, Hopewell, VA
                                                Somalia (AMISOM);                                        upon the request of the Federal
                                                   (ii) United Nations personnel,                                                                              AGENCY: Coast Guard, DHS.
                                                                                                         Government of Somalia for which it has
                                                including the United Nations Assistance                  notified the Secretary-General, and                   ACTION:Notice of temporary deviation
                                                Mission in Somalia (UNSOM);                                                                                    from drawbridge regulation;
                                                                                                         provided that any measures undertaken
                                                   (iii) AMISOM’s strategic partners,                                                                          modification.
                                                                                                         shall be consistent with applicable
                                                operating solely under the African                       international humanitarian and human
                                                Union (AU) Strategic Concept of January                                                                        SUMMARY:   The Coast Guard has modified
                                                                                                         rights laws;                                          a temporary deviation from the
                                                5, 2012 (or subsequent AU strategic
                                                concepts), and in cooperation and                           (5) Personal protective clothing,                  operating schedule that governs the SR
                                                coordination with AMISOM; or                             including flak jackets and military                   156/Benjamin Harrison Memorial
                                                   (iv) The European Union Training                      helmets, temporarily exported to                      Bridge across the James River, mile 65.0,
                                                Mission (EUTM) in Somalia.                               Somalia by United Nations personnel,                  at Hopewell, VA. This modified
                                                   (2) Defense articles and defense                      representatives of the media,                         deviation is necessary to extend the
                                                services intended solely for the                         humanitarian or development workers,                  deviation timeframe to perform bridge
                                                development of the Security Forces of                    or associated personnel for their                     maintenance and repairs. This modified
                                                the Federal Government of Somalia, to                                                                          deviation allows the bridge to remain in
                                                                                                         personal use only; or
                                                provide security for the Somali people,                                                                        the closed-to-navigation position.
                                                                                                            (6) Supplies of non-lethal defense                 DATES: This modified deviation is
                                                notified to the relevant committee of the
                                                Security Council at least five days in                   articles intended solely for                          effective without actual notice from
                                                advance, except in relation to deliveries                humanitarian or protective use, notified              September 29, 2016 through 6 a.m. on
                                                of the following articles, the supply of                 to the relevant committee of the                      October 28, 2016. For the purposes of
                                                which needs to be approved in advance                    Security Council five days in advance                 enforcement, actual notice will be used
                                                by the relevant committee of the                         for its information only, by the                      from September 22, 2016, 8:45 a.m.,
                                                Security Council:                                        supplying State, international, regional,             until September 29, 2016.
                                                   (i) Surface to air missiles, including                or subregional organization.                          ADDRESSES: The docket for this
                                                Man-Portable Air-Defense Systems                            (n)–(o) [Reserved]                                 deviation, [USCG–2016–0668] is
                                                (MANPADS);                                                                                                     available at http://www.regulations.gov.
                                                                                                         *      *     *    *     *
                                                   (ii) Guns, howitzers, and cannons                                                                           Type the docket number in the
                                                with a caliber greater than 12.7 mm, and                    (q) [Reserved]                                     ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                                ammunition and components specially                      *      *     *    *     *                             Click on Open Docket Folder on the line
                                                designed for these (this does not include                                                                      associated with this deviation.
                                                shoulder fired anti-tank rocket                          ■ 5. Section 126.18 is amended by
                                                                                                         revising the fourth sentence of                       FOR FURTHER INFORMATION CONTACT: If
                                                launchers such as RPGs or LAWs, rifle
                                                                                                         paragraph (c)(2) to read as follows:                  you have questions on this modified
                                                grenades, or grenade launchers);
                                                                                                                                                               temporary deviation, call or email Mr.
                                                   (iii) Mortars with a caliber greater
                                                                                                         § 126.18 Exemptions regarding intra-                  Michael R. Thorogood, Bridge
                                                than 82 mm;                                              company, intra-organization, and intra-
                                                   (iv) Anti-tank guided weapons,                                                                              Administration Branch Fifth District,
                                                                                                         government transfers to employees who are             Coast Guard, telephone 757–398–6557,
                                                including Anti-tank Guided Missiles                      dual nationals or third-country nationals.
                                                (ATGMs) and ammunition and                                                                                     email Michael.R.Thorogood@uscg.mil.
                                                components specially designed for these                  *     *     *     *      *                            SUPPLEMENTARY INFORMATION: On July
                                                items;                                                     (c) * * *                                           25, 2016, the Coast Guard published a
                                                   (v) Charges and devices intended for                                                                        temporary deviation entitled
                                                                                                           (2) * * * Although nationality does
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                                                military use containing energetic                                                                              ‘‘Drawbridge Operation Regulation;
                                                                                                         not, in and of itself, prohibit access to
                                                material; mines, and related materiel;                                                                         James River, Hopewell, VA’’ in the
                                                                                                         defense articles, an employee who has                 Federal Register (81 FR 49898). Under
                                                and
                                                   (vi) Weapon sights with a night vision                substantive contacts with persons from                that temporary deviation, the bridge
                                                capability.                                              countries listed in § 126.1(d)(1) shall be            would be maintained in the closed-to-
                                                   (3) Defense articles and defense                      presumed to raise a risk of diversion,                navigation position from 8 p.m. through
                                                services supplied by United Nations                                                                            6 a.m.; Monday through Thursday; July


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Document Created: 2016-09-29 04:13:56
Document Modified: 2016-09-29 04:13:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule.
DatesThe rule is effective on September 29, 2016. The Department of State will accept comments on this interim final rule until October 31, 2016.
ContactMr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, U.S. Department of State, telephone (202) 663-2792, or email [email protected] ATTN: Regulatory Change, ITAR Section 126.1 Update 2016.
FR Citation81 FR 66804 
RIN Number1400-AD95
CFR Citation22 CFR 120
22 CFR 126
CFR AssociatedArms and Munitions and Exports

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