Rule2021-23450
International Traffic in Arms Regulations: Addition of Ethiopia and Amendment to Eritrea Country Policy
Primary source
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Published
November 1, 2021
Effective
November 1, 2021
Issuing agencies
State Department
Abstract
The Department of State is amending the International Traffic in Arms Regulations (ITAR) to add and update entries for Ethiopia and Eritrea, respectively. These changes codify that it is the policy of the United States to deny licenses and other approvals for exports of defense articles and defense services to certain end-users in those countries as described herein.
Full Text
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<title>Federal Register, Volume 86 Issue 208 (Monday, November 1, 2021)</title>
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[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Rules and Regulations]
[Pages 60165-60166]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23450]
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DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 11486]
RIN 1400-AF32
International Traffic in Arms Regulations: Addition of Ethiopia
and Amendment to Eritrea Country Policy
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations (ITAR) to add and update entries for Ethiopia and
Eritrea, respectively. These changes codify that it is the policy of
the United States to deny licenses and other approvals for exports of
defense articles and defense services to certain end-users in those
countries as described herein.
DATES: The rule is effective on November 1, 2021.
FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Foreign Affairs
Officer, Office of Defense Trade Controls Policy, U.S. Department of
State, telephone (202) 663-1809; email <a href="/cdn-cgi/l/email-protection#3e7a7a6a7d7d4b4d4a51535b4c6d5b4c48575d5b7e4d4a5f4a5b10595148"><span class="__cf_email__" data-cfemail="1256564651516761667d7f7760417760647b71775261667366773c757d64">[email protected]</span></a>
ATTN: Regulatory Change, ITAR Section 126.1: Ethiopia and Eritrea.
SUPPLEMENTARY INFORMATION: The United States has deepening concerns
about the ongoing crisis in northern Ethiopia as well as other threats
to the sovereignty, national unity, and territorial integrity of
Ethiopia. People in northern Ethiopia continue to suffer human rights
violations, abuses, and atrocities, and urgently needed humanitarian
relief is being blocked by the Ethiopian and Eritrean militaries as
well as other armed actors. On May 23, 2021, the Secretary of State
announced restrictions with respect to Ethiopia and Eritrea, including
certain restrictions related to security assistance. The Department is
updating ITAR Sec. 126.1, consistent with the Secretary's
announcement, by adding Ethiopia in paragraph (n) and updating the
existing entry for Eritrea in paragraph (h). The policy of denial
applies to licenses or other approvals for exports of defense articles
or defense services to or for the armed forces, police, intelligence,
or other internal security forces of either Ethiopia or Eritrea.
Further, the Department is amending ITAR Sec. 126.1(d)(2) to clarify
that the prohibitions and exceptions for each country are specified in
each respective paragraph, and not in ITAR Sec. 126.1(d)(2). Lastly,
the Department is making an administrative change to paragraph (d)(1).
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 (APA), pursuant to
5 U.S.C. 553(a)(1) and 5 U.S.C. 554(a)(4). Since the Department is of
the opinion that this rule is exempt from 5 U.S.C. 553, it is the view
of the Department that the provisions of Section 553(d) do not apply to
this rulemaking.
Regulatory Flexibility Act
Since this rule is exempt from the notice-and-comment provisions of
5 U.S.C. 553(b), the rule does not require 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 are deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Congressional Review Act
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,
[[Page 60166]]
it is determined that this amendment does not have sufficient
federalism implications to require consultations or warrant the
preparation of a federalism summary impact statement. The regulations
implementing Executive Order 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
rulemaking.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
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). Executive
Order 13563 emphasizes 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. This rule has
been designated as a nonsignificant regulatory action by the Office and
Information and Regulatory Affairs under Executive Order 12866.
Executive Order 12988
The Department of State has 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 has 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, Executive Order 13175 does not apply to this
rulemaking.
Paperwork Reduction Act
This rulemaking does not impose or revise any information
collections subject to 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 126
Arms and munitions, Exports.
For the reasons set forth above, title 22, chapter I, subchapter M,
part 126 is amended as follows:
PART 126--GENERAL POLICIES AND PROVISIONS
0
1. The authority citation for part 126 continues to read as follows:
Authority: 22 U.S.C. 2752, 2778, 2780, 2791, and 2797; 22
U.S.C. 2651a; 22 U.S.C. 287c; 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 adding a heading for the table in
paragraph (d)(1), revising paragraphs (d)(2) and (h), and adding
paragraph (n) to read as follows:
Sec. 126.1 Prohibited exports, imports, and sales to or from certain
countries.
* * * * *
(d) * * *
(1) * * *
Table 1 to Paragraph (d)(1)
* * * * *
(2) For defense articles and defense services, a policy of denial
applies as specified in the associated paragraphs in the following
table:
Table 2 to Paragraph (d)(2)
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Country Country specific paragraph location
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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.
Ethiopia................................ See also paragraph (n) 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.
Russia.................................. See also paragraph (l) 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.
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* * * * *
(h) Eritrea. It is the policy of the United States to deny licenses
or other approvals for exports of defense articles or defense services
destined to or for the armed forces, police, intelligence, or other
internal security forces of Eritrea.
* * * * *
(n) Ethiopia. It is the policy of the United States to deny
licenses or other approvals for exports of defense articles or defense
services destined to or for the armed forces, police, intelligence, or
other internal security forces of Ethiopia.
* * * * *
Bonnie Jenkins,
Under Secretary, Arms Controls and International Security, Department
of State.
[FR Doc. 2021-23450 Filed 10-29-21; 8:45 am]
BILLING CODE 4710-05-P
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