Rule2021-21255
International Traffic in Arms Regulations: Temporary Update to Republic of Cyprus (Cyprus) Country Policy; Extension of Effective Period
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2021
Effective
September 30, 2021
Issuing agencies
State Department
Abstract
The Department of State is extending the effective period of the International Traffic in Arms Regulations (ITAR) temporary modification to allow the temporary removal of prohibitions on exports, reexports, retransfers, and temporary imports of non-lethal defense articles and defense services destined for or originating in the Republic of Cyprus (Cyprus) through September 30, 2022, unless modified.
Full Text
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<title>Federal Register, Volume 86 Issue 187 (Thursday, September 30, 2021)</title>
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[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54044-54045]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21255]
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DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 11537]
RIN 1400-AF36
International Traffic in Arms Regulations: Temporary Update to
Republic of Cyprus (Cyprus) Country Policy; Extension of Effective
Period
AGENCY: Department of State.
ACTION: Temporary final rule; extension of effective period.
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SUMMARY: The Department of State is extending the effective period of
the International Traffic in Arms Regulations (ITAR) temporary
modification to allow the temporary removal of prohibitions on exports,
reexports, retransfers, and temporary imports of non-lethal defense
articles and defense services destined for or originating in the
Republic of Cyprus (Cyprus) through September 30, 2022, unless
modified.
DATES: Effective September 30, 2021, the expiration date of the
temporary final rule published on September 28, 2020 (85 FR 60698), is
extended through September 30, 2022.
FOR FURTHER INFORMATION CONTACT: Sarah Heidema, Office of Defense Trade
Controls Policy, Department of State, telephone (202) 663-2809, or
email <a href="/cdn-cgi/l/email-protection#cca8a9afafbfbca1a8a8b8af8ca1a5a8adb8a0e2bfa9bebaa5afa9e1f0adeca4bea9aaf1" http: now.com">now.com</a>"><a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="c2a6a7a1a1b1b2afa6a6b6a182afaba6a3b6aeecb1a7b0b4aba1a7ef">[email protected]</a><a href="http://now.com">now.com</a></a>. ATTN: Regulatory Change, ITAR
Section 126.1 Cyprus Country Policy Update.
SUPPLEMENTARY INFORMATION: Section 1250A(d) of the National Defense
Authorization Act for Fiscal Year 2020 (Pub. L. 116-92) and Sec.
205(d) of the Eastern Mediterranean Security and Energy Act (Div. J.
Pub. L. 116-94) (hereinafter ``the Acts'') provide that the policy of
denial for exports, reexports, or transfers of defense articles on the
United States Munitions List (USML) to Cyprus shall remain in place
unless the President determines and certifies to the appropriate
Congressional Committees not less than annually that: (A) Cyprus is
continuing to cooperate with the U.S. Government in anti-money
laundering reforms; and (B) Cyprus has taken the steps necessary to
deny Russian military vessels access to ports for refueling and
servicing. These provisions further provide that the President may
waive these limitations for one fiscal year if the President determines
that it is essential to the national security interests of the United
States to do so.
On April 14, 2020, the President delegated to the Secretary of
State the functions and authorities vested in the President by the Acts
(85 FR 35797). On May 28, 2021, the Secretary of State, exercising this
delegated authority, determined that it was essential to the national
security interest of the United States to waive the limitations on non-
lethal defense articles and defense services destined for or
originating in Cyprus. On September 28, 2020, the Department of State
published a temporary rule (RIN 1400-AF14) in the Federal Register,
amending the ITAR to update defense trade policy toward the Republic of
Cyprus by temporarily removing prohibitions on exports, reexports,
retransfers, and temporary imports of non-lethal defense articles and
defense services destined for or originating in Cyprus. This rule was
effective on October 1, 2020, and expires on September 30, 2021.
On May 28, 2021, again utilizing these delegated functions and
authorities, the Secretary of State determined that it is essential to
the national security interest of the United States to maintain the
temporary removal of restrictions on the export, reexport, retransfer,
and temporary import of non-lethal defense articles and defense
services destined for or originating in Cyprus. This determination
requires the Department to extend the effective period of the
temporarily modified text of ITAR Sec. 126.1(r), which specifies the
circumstances provided in the Acts in which the policy of denial for
exports, reexports, retransfers, and temporary import of non-lethal
defense articles and defense services destined for or originating in
the Republic of Cyprus will not apply.
Extension
The expiration date of the temporary final rule will remain in
effect through September 30, 2022, unless modified.
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 military or
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
temporary rule is exempt from 5 U.S.C. 553, the provisions of Sec.
553(d) do not apply to this rulemaking. Therefore, this temporary rule
is effective upon publication.
Regulatory Flexibility Act
Since this temporary 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.
[[Page 54045]]
Congressional Review Act
This amendment has been found not to be a major rule within the
meaning of the Small Business Regulatory Enforcement Fairness Act of
1996.
Executive Orders 12372 and 13132
This 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 temporary rule implements a governmental
policy increasing defense trade with a country, and does not impose
additional regulatory requirements or obligations on the public, the
Department believes costs associated with this temporary rule will be
minimal. The Department also finds that any costs of this rulemaking do
not outweigh the foreign policy benefits, as described in the preamble.
This rule has been designated non-significant by the Office of
Information and Regulatory Affairs under Executive Order 12866 Sec.
3(d)(2).
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 temporary rule does not impose any new reporting or
recordkeeping requirements subject to the Paperwork Reduction Act, 44
U.S.C. Chapter 35.
Bonnie D. Jenkins,
Under Secretary for Arms Control and International Security, Department
of State.
[FR Doc. 2021-21255 Filed 9-29-21; 8:45 am]
BILLING CODE 4710-25-P
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