83 FR 6457 - Amendment to the International Traffic in Arms Regulations: Addition of South Sudan

DEPARTMENT OF STATE

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range		6457-6458
FR Document		2018-02995

The Department of State is amending the International Traffic in Arms Regulations (ITAR) to include reference to South Sudan in its regulations on prohibited exports, imports, and sales to and from certain countries, and to update defense trade policy toward South Sudan by applying a policy of denial on the export of defense articles and defense services to South Sudan, except as otherwise provided. This amendment reflects a policy determination made by the Secretary of State.

Federal Register, Volume 83 Issue 31 (Wednesday, February 14, 2018)

[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Rules and Regulations]
[Pages 6457-6458]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02995]



[[Page 6457]]

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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice 10306]
RIN 1400-AE51


Amendment to the International Traffic in Arms Regulations: 
Addition of South Sudan

AGENCY: Department of State.

ACTION: Final rule.

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

SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations (ITAR) to include reference to South Sudan in its 
regulations on prohibited exports, imports, and sales to and from 
certain countries, and to update defense trade policy toward South 
Sudan by applying a policy of denial on the export of defense articles 
and defense services to South Sudan, except as otherwise provided. This 
amendment reflects a policy determination made by the Secretary of 
State.

DATES: The rule is effective on February 14, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Foreign Affairs 
Officer, Office of Defense Trade Controls Policy, U.S. Department of 
State, telephone: (202) 663-2816, or email [email protected]. 
ATTN: Regulatory Change, ITAR Section 126.1 Update 2017.

SUPPLEMENTARY INFORMATION: In response to the escalating crisis in 
South Sudan, the Secretary of State has determined that it is in the 
best interests of U.S. foreign policy to restrict, with certain 
exceptions, the export of defense articles and defense services to 
South Sudan in order to reflect the U.S. government's opposition to the 
trade of arms to South Sudan and its contribution to the conflict and 
humanitarian crisis, to promote the cessation of hostilities, and to 
reinforce international unity in addressing the South Sudan crisis by 
aligning the United States with existing restrictions on certain 
exports to South Sudan by the European Union. This action requires the 
Department to amend ITAR Sec.  126.1(d)(2) to include South Sudan in 
the list of countries to which a policy of denial applies, and to add a 
new paragraph (w) to specify the exceptions to the policy of denial for 
which licenses and other approvals to South Sudan may be approved on a 
case-by-case basis. Further, in accordance with ITAR Sec.  129.7, no 
broker, as described in ITAR Sec.  129.2, may engage in or make a 
proposal to engage in brokering activities subject to the ITAR that 
involve South Sudan without first obtaining the approval of the 
Directorate of Defense Trade Controls.

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. 
Because the scope of this rule implements a governmental policy 
limiting 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. The Department also finds 
that any costs of this rulemaking are outweighed by the foreign policy 
benefits, as described in the preamble. This rule has not been 
designated a ``significant regulatory action'' by the Office and 
Information and Regulatory Affairs under Executive Order 12866.

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.

Executive Order 13771

    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. As this rule is not a significant regulatory action, this 
rule is exempt from the requirements of Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs.'' See OMB 
Memorandum M-17-21, ``Guidance Implementing Executive Order 13771'' of 
April 5, 2017.

Paperwork Reduction Act

    This rule does not impose any new reporting or recordkeeping 
requirements

[[Page 6458]]

subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.

List of Subjects in 22 CFR Part 126

    Arms and munitions, Exports.

    Accordingly, for the reasons set forth above, 22 CFR 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); 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
2. Section 126.1 is amended by revising the table in paragraph (d)(2), 
and adding paragraph (w), and by removing the Note to 126.1.
    The revision and addition read as follows:


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

* * * * *
    (d) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                  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.
South Sudan................................  See also paragraph (w) of this section.
Sudan......................................  See also paragraph (v) of this section.
Zimbabwe...................................  See also paragraph (s) of this section.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (w) South Sudan. It is the policy of the United States to deny 
licenses or other approvals for exports of defense articles and defense 
services destined for South Sudan, except that a license or other 
approval may be issued, on a case-by-case basis, for:
    (1) Defense articles and defense services for monitoring, 
verification, or peacekeeping support operations, including those 
authorized by the United Nations or operating with the consent of the 
relevant parties;
    (2) Defense articles and defense services intended solely for the 
support of, or use by, African Union Regional Task Force (AU-RTF) or 
United Nations entities operating in South Sudan, including but not 
limited to the United Nations Mission in the Republic of South Sudan 
(UNMISS), the United Nations Mine Action Service (UNMAS), the United 
Nations Police (UNPOL), or the United Nations Interim Security Force 
for Abyei (UNISFA);
    (3) Defense articles and defense services intended solely for the 
support of or use by non-governmental organizations in furtherance of 
conventional weapons destruction or humanitarian demining activities;
    (4) Non-lethal defense articles intended solely for humanitarian or 
protective use and related technical training and assistance;
    (5) Personal protective equipment including flak jackets and 
helmets, temporarily exported to South Sudan by United Nations 
personnel, human rights monitors, representatives of the media, and 
humanitarian and development workers and associated personnel, for 
their personal use only; or
    (6) Any defense articles and defense services provided in support 
of implementation of the Comprehensive Peace Agreement, the Agreement 
on the Resolution of the Conflict in the Republic of South Sudan, or 
any successor agreement.

Michael Miller,
Office Director, Office of Regional Security and Arms Transfers, Bureau 
of Political-Military Affairs, U.S. Department of State.
[FR Doc. 2018-02995 Filed 2-13-18; 8:45 am]
 BILLING CODE 4710-25-P

Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations 6457

DEPARTMENT OF STATE involve South Sudan without first consultation on Federal programs and
obtaining the approval of the Directorate activities do not apply to this
22 CFR Part 126 of Defense Trade Controls. rulemaking.
[Public Notice 10306] Regulatory Analysis and Notices Executive Orders 12866 and 13563
RIN 1400–AE51 Administrative Procedure Act Executive Orders 12866 and 13563
The Department of State is of the direct agencies to assess costs and
Amendment to the International Traffic
opinion that controlling the import and benefits of available regulatory
in Arms Regulations: Addition of
export of defense articles and services is alternatives and, if regulation is
South Sudan
a foreign affairs function of the United necessary, to select regulatory
AGENCY: Department of State. States Government and that rules approaches that maximize net benefits
ACTION: Final rule. implementing this function are exempt (including potential economic,
from sections 553 (rulemaking) and 554 environmental, public health and safety
SUMMARY: The Department of State is (adjudications) of the Administrative effects, distributed impacts, and equity).
amending the International Traffic in Procedure Act. Since this rule is exempt These executive orders stress the
Arms Regulations (ITAR) to include from 5 U.S.C. 553, the provisions of importance of quantifying both costs
reference to South Sudan in its § 553(d) do not apply to this and benefits, of reducing costs, of
regulations on prohibited exports, rulemaking. Therefore, this rule is harmonizing rules, and of promoting
imports, and sales to and from certain effective upon publication. The flexibility. Because the scope of this rule
countries, and to update defense trade Department also finds that, given the implements a governmental policy
policy toward South Sudan by applying national security issues surrounding limiting defense trade with a country,
a policy of denial on the export of U.S. policy towards the aforementioned and does not impose additional
defense articles and defense services to countries, there is good cause for the regulatory requirements or obligations,
South Sudan, except as otherwise effective date of this rule to be the date the Department believes costs associated
provided. This amendment reflects a of publication, as provided by 5 U.S.C. with this rule will be minimal. The
policy determination made by the 553(d)(3). Department also finds that any costs of
Secretary of State. this rulemaking are outweighed by the
DATES: The rule is effective on February
Regulatory Flexibility Act
foreign policy benefits, as described in
14, 2018. Since this rule is exempt from the the preamble. This rule has not been
FOR FURTHER INFORMATION CONTACT: Ms. provisions of 5 U.S.C. 553, there is no designated a ‘‘significant regulatory
Engda Wubneh, Foreign Affairs Officer, requirement for an analysis under the action’’ by the Office and Information
Office of Defense Trade Controls Policy, Regulatory Flexibility Act. and Regulatory Affairs under Executive
U.S. Department of State, telephone: Unfunded Mandates Reform Act of 1995 Order 12866.
(202) 663–2816, or email
This rulemaking does not involve a Executive Order 12988
DDTCResponseTeam@state.gov. ATTN:
mandate that will result in the The Department of State reviewed this
Regulatory Change, ITAR Section 126.1
expenditure by state, local, and tribal
Update 2017. rulemaking in light of Executive Order
governments, in the aggregate, or by the
SUPPLEMENTARY INFORMATION: In 12988 to eliminate ambiguity, minimize
private sector, of $100 million or more
response to the escalating crisis in litigation, establish clear legal
in any year and it will not significantly
South Sudan, the Secretary of State has standards, and reduce burden.
or uniquely affect small governments.
determined that it is in the best interests Therefore, no actions were deemed Executive Order 13175
of U.S. foreign policy to restrict, with necessary under the provisions of the
certain exceptions, the export of defense The Department of State determined
Unfunded Mandates Reform Act of
articles and defense services to South that this rulemaking will not have tribal
1995.
Sudan in order to reflect the U.S. implications, will not impose
government’s opposition to the trade of Small Business Regulatory Enforcement substantial direct compliance costs on
arms to South Sudan and its Fairness Act of 1996 Indian tribal governments, and will not
contribution to the conflict and The Department does not believe this preempt tribal law. Accordingly, the
humanitarian crisis, to promote the rulemaking is a major rule within the requirements of Executive Order 13175
cessation of hostilities, and to reinforce definition of 5 U.S.C. 804. do not apply to this rulemaking.
international unity in addressing the Executive Order 13771
South Sudan crisis by aligning the Executive Orders 12372 and 13132
United States with existing restrictions This rulemaking will not have The Office of Management and Budget
on certain exports to South Sudan by substantial direct effects on the States, (OMB) has not designated this rule a
the European Union. This action on the relationship between the national significant regulatory action under
requires the Department to amend ITAR government and the States, or on the section 3(f) of Executive Order 12866.
§ 126.1(d)(2) to include South Sudan in distribution of power and As this rule is not a significant
the list of countries to which a policy responsibilities among the various regulatory action, this rule is exempt
of denial applies, and to add a new levels of government. Therefore, in from the requirements of Executive
paragraph (w) to specify the exceptions accordance with Executive Order 13132, Order 13771, ‘‘Reducing Regulation and
to the policy of denial for which the Department has determined that this Controlling Regulatory Costs.’’ See OMB
licenses and other approvals to South rulemaking does not have sufficient Memorandum M–17–21, ‘‘Guidance
daltland on DSKBBV9HB2PROD with RULES

Sudan may be approved on a case-by- federalism implications to require Implementing Executive Order 13771’’
case basis. Further, in accordance with consultations or warrant the preparation of April 5, 2017.
ITAR § 129.7, no broker, as described in of a federalism summary impact
Paperwork Reduction Act
ITAR § 129.2, may engage in or make a statement. The regulations
proposal to engage in brokering implementing Executive Order 12372 This rule does not impose any new
activities subject to the ITAR that regarding intergovernmental reporting or recordkeeping requirements

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6458 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations

subject to the Paperwork Reduction Act, PART 126—GENERAL POLICIES AND ■ 2. Section 126.1 is amended by
44 U.S.C. Chapter 35. PROVISIONS revising the table in paragraph (d)(2),
and adding paragraph (w), and by
List of Subjects in 22 CFR Part 126 ■ 1. The authority citation for part 126 removing the Note to 126.1.
continues to read as follows: The revision and addition read as
Arms and munitions, Exports.
Authority: Secs. 2, 38, 40, 42, and 71, Pub. follows:
Accordingly, for the reasons set forth L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
above, 22 CFR part 126 is amended as 2780, 2791, and 2797); 22 U.S.C. 2651a; 22 § 126.1 Prohibited exports, imports, and
follows: U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, sales to or from certain countries.
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; (d) * * *
E.O. 13637, 78 FR 16129. (2) * * *

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.
South Sudan ........................................................................................................................................ See also paragraph (w) of this section.
Sudan ................................................................................................................................................... See also paragraph (v) of this section.
Zimbabwe ............................................................................................................................................ See also paragraph (s) of this section.

* * * * * United Nations personnel, human rights § 706 .2 [Corrected]
(w) South Sudan. It is the policy of monitors, representatives of the media, ■ On page 5537, in Table Four, in the
the United States to deny licenses or and humanitarian and development second column, ‘‘DDG 115’’ should read
other approvals for exports of defense workers and associated personnel, for ‘‘DDG 116’’.
articles and defense services destined their personal use only; or [FR Doc. C1–2018–02554 Filed 2–13–18; 8:45 am]
for South Sudan, except that a license (6) Any defense articles and defense BILLING CODE 1301–00–P
or other approval may be issued, on a
services provided in support of
case-by-case basis, for:
implementation of the Comprehensive
(1) Defense articles and defense
Peace Agreement, the Agreement on the DEPARTMENT OF EDUCATION
services for monitoring, verification, or
peacekeeping support operations, Resolution of the Conflict in the
including those authorized by the Republic of South Sudan, or any 34 CFR Parts 668, 674, 682, and 685
United Nations or operating with the successor agreement.
[Docket ID ED–2017–OPE–0112]
consent of the relevant parties; Michael Miller,
(2) Defense articles and defense RIN 1840–AD28
Office Director, Office of Regional Security
services intended solely for the support and Arms Transfers, Bureau of Political-
of, or use by, African Union Regional Student Assistance General
Military Affairs, U.S. Department of State. Provisions, Federal Perkins Loan
Task Force (AU–RTF) or United Nations [FR Doc. 2018–02995 Filed 2–13–18; 8:45 am]
entities operating in South Sudan, Program, Federal Family Education
including but not limited to the United BILLING CODE 4710–25–P Loan Program, William D. Ford Federal
Nations Mission in the Republic of Direct Loan Program, and Teacher
South Sudan (UNMISS), the United Education Assistance for College and
Nations Mine Action Service (UNMAS), Higher Education Grant Program
DEPARTMENT OF DEFENSE
the United Nations Police (UNPOL), or AGENCY: Office of Postsecondary
the United Nations Interim Security Department of the Navy Education, Department of Education.
Force for Abyei (UNISFA); ACTION: Final regulations.
(3) Defense articles and defense
32 CFR Part 706
services intended solely for the support SUMMARY: The Secretary delays, until
of or use by non-governmental Certifications and Exemptions Under July 1, 2019, the effective date of
organizations in furtherance of the International Regulations for selected provisions of the final
conventional weapons destruction or Preventing Collisions at Sea, 1972 regulations entitled Student Assistance
humanitarian demining activities; General Provisions, Federal Perkins
(4) Non-lethal defense articles Loan Program, Federal Family
daltland on DSKBBV9HB2PROD with RULES

Correction
intended solely for humanitarian or Education Loan (FFEL) Program,
protective use and related technical In rule document 2018–02554 William D. Ford Federal Direct Loan
training and assistance; appearing on pages 5536–5537 in the Program, and Teacher Education
(5) Personal protective equipment issue of February 8, 2018, make the Assistance for College and Higher
including flak jackets and helmets, following correction: Education Grant Program (the 2016 final
temporarily exported to South Sudan by regulations), published in the Federal

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Document Created: 2018-02-14 03:59:06
Document Modified: 2018-02-14 03:59:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		The rule is effective on February 14, 2018.
Contact		Ms. Engda Wubneh, Foreign Affairs Officer, Office of Defense Trade Controls Policy, U.S. Department of State, telephone: (202) 663-2816, or email [email protected] ATTN: Regulatory Change, ITAR Section 126.1 Update 2017.
FR Citation		83 FR 6457
RIN Number		1400-AE51
CFR Associated		Arms and Munitions and Exports