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4 April 2007
[Federal Register: April 3, 2007 (Volume 72, Number 63)]
[Rules and Regulations]
[Page 15830-15831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap07-13]
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DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 5740]
Amendment of the International Traffic in Arms Regulations:
Policy With Respect to Vietnam
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: Notice is hereby given that the Department of State is
amending the International Traffic in Arms Regulations (ITAR) regarding
Vietnam at 22 CFR 126.1 to make it United States policy to consider on
a case-by-case basis licenses, other approvals, exports or imports of
non-lethal defense articles and defense services destined for or
originating in Vietnam. The United States will deny licenses, other
approvals, exports or imports of lethal defense articles and services
destined for or originating in Vietnam. Under this policy, the exports
of lethal-end items, components of lethal-end items (unless those
components are non-lethal, safety-of-use spare parts for lethal-end
items), non-lethal crowd control defense articles and defense services,
and night vision devices to end-users with a role in ground security
will not be approved.
DATES: Effective Date: This rule is effective April 3, 2007.
ADDRESSES: Interested parties may submit comments at any time by any of
the following methods:
E-mail: DDTCResponseTeam@state.gov with an appropriate
subject line.
Mail: Department of State, Directorate of Defense Trade
Controls, Office of Defense Trade Controls Policy, ATTN: Regulatory
Change, 12th Floor, SA-1, Washington, DC 20522-0112.
Fax: 202-261-8199.
Hand Delivery or Courier (regular work hours only):
Department of State, Directorate of Defense Trade Controls, Office of
Defense Trade Controls Policy, ATTENTION: Regulatory Change, SA-1, 12th
Floor, 2401 E Street, NW., Washington, DC 20037.
Persons with access to the Internet may also view this notice by
going to the regulations.gov Web site at: http://www.regulations.gov/index.cfm
.
FOR FURTHER INFORMATION CONTACT: Ann K. Ganzer, Office of Defense Trade
Controls Policy, Department of State, 12th Floor, SA-1, Washington DC
20522-0112; Telephone 202-663-2792 or FAX 202-261-8199; e-mail:
DDTCResponseTeam@state.gov. ATTN: Regulatory Change.
SUPPLEMENTARY INFORMATION: On November 2, 2006, the Secretary of State
modified the U.S. arms transfer policy toward Vietnam allowing the
sale, lease, export, or other transfer of non-lethal defense articles
and defense services to the country. Subsequently, the President issued
a determination December 29, 2006 that the furnishing of defense
articles and services to Vietnam would strengthen the security of the
United States and promote world peace.
The new policy will not permit the export or other transfer to
Vietnam of: (a) Lethal end items, (b) components of lethal end items,
unless those components are non-lethal, safety-of-use spare parts for
lethal end items, (c) non-lethal crowd control defense articles and
defense services, and (d) night vision devices to end-users with a role
in ground security.
Regulatory Analysis and Notices
Administrative Procedure Act
This amendment involves a foreign affairs function of the United
States and, therefore, is not subject to the procedures required by 5
U.S.C. 553 and 554.
Regulatory Flexibility Act
This rule does not require analysis under the Regulatory
Flexibility Act.
Unfunded Mandates Act of 1995
This rule does not require analysis under the Unfunded Mandates
Reform Act.
Small Business Regulatory Enforcement Fairness Act of 1996
This amendment has been found not to be a major rule within the
meaning of the Small Business Regulatory Enforcement Fairness Act of
1996. It will not have substantial direct effects on the States, the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
Executive Orders 12372 and 13132
It is determined that this rule does not have sufficient federalism
implications to warrant application of the consultation provisions of
Executive Orders 12372 and 13132.
Executive Order 12866
This amendment is exempt from review under Executive Order 12866,
but has been reviewed internally by the Department of State to ensure
consistency with the purposes thereof.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements
[[Page 15831]]
subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 126
Arms and munitions, Exports.
0
Accordingly, for the reasons set forth above, Title 22, Chapter I,
Subchapter M, part 126 is amended as follows:
PART 126--GENERAL POLICIES AND PRACTICES
0
1. The authority citation for part 126 continues to read as follows:
Authority: Secs. 2, 38, 40, 42, and 71, Pub. L. 90-629, 90 Stat.
744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); E.O. 11958, 42 FR
4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C. 2651a; 22 U.S.C. 287c;
E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; Sec.1225, Pub.
L. 108-375.
0
2. Section 126.1 is amended by revising paragraph (a) and adding
paragraph (l) to read as follows:
Sec. 126.1 Prohibited exports and sales to certain countries.
(a) General. It is the policy of the United States to deny licenses
and other approvals for exports and imports of defense articles and
defense services, destined for or originating in certain countries.
This policy applies to Belarus, Cuba, Iran, North Korea, Syria, and
Venezuela. This policy also applies to countries with respect to which
the United States maintains an arms embargo (e.g., Burma, China,
Liberia, Somalia, and Sudan) or whenever an export would not otherwise
be in furtherance of world peace and the security and foreign policy of
the United States. Information regarding certain other embargoes
appears elsewhere in this section. Comprehensive arms embargoes are
normally the subject of a State Department notice published in the
Federal Register. The exemptions provided in the regulations in this
subchapter, except Sec. 123.17 of this subchapter, do not apply with
respect to articles originating in or for export to any proscribed
countries, areas, or persons in this Sec. 126.1.
* * * * *
(l) Vietnam. It is the policy of the United Sates to deny licenses,
other approvals, exports or imports of defense articles and defense
services destined for or originating in Vietnam except, on a case-by-
case basis, for:
(1) Non-lethal defense articles and defense services, and
(2) Non-lethal, safety-of-use defense articles (e.g., cartridge
actuated devices, propellant actuated devices and technical manuals for
military aircraft for purposes of enhancing the safety of the aircraft
crew) for lethal end-items.
For non-lethal defense end-items, no distinction will be made
between Vietnam's existing and new inventory.
Dated: March 13, 2007.
Stephen D. Mull,
Acting Assistant Secretary for Political-Military Affairs, Department
of State.
[FR Doc. E7-6149 Filed 4-2-07; 8:45 am]
BILLING CODE 4710-25-P