Rule2021-26590
International Traffic in Arms Regulations: Addition of Cambodia to List of Proscribed Countries
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
December 9, 2021
Effective
December 9, 2021
Issuing agencies
State Department
Abstract
The Department of State is amending the International Traffic in Arms Regulations (ITAR) to add Cambodia in the list of countries for which it is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services. This change reflects that it is the policy of the United States to deny all licenses and other approvals to export and import defense articles and defense services destined for or originating in Cambodia, except as otherwise provided herein.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 234 (Thursday, December 9, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Rules and Regulations]
[Pages 70053-70054]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26590]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 11601]
RIN 1400-AF47
International Traffic in Arms Regulations: Addition of Cambodia
to List of Proscribed Countries
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations (ITAR) to add Cambodia in the list of countries for
which it is the policy of the United States to deny licenses and other
approvals for exports and imports of defense articles and defense
services. This change reflects that it is the policy of the United
States to deny all licenses and other approvals to export and import
defense articles and defense services destined for or originating in
Cambodia, except as otherwise provided herein.
DATES: The rule is effective on December 9, 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, or email
<a href="/cdn-cgi/l/email-protection#2561617166665056514a484057764057534c46406556514451400b424a53"><span class="__cf_email__" data-cfemail="296d6d7d6a6a5c5a5d46444c5b7a4c5b5f404a4c695a5d485d4c074e465f">[email protected]</span></a>. ATTN: Regulatory Change, ITAR Section
126.1 Cambodia.
SUPPLEMENTARY INFORMATION: On June 1, 2021, the Department expressed
serious concerns about the People's Republic of China's (PRC's)
military presence and other activities in Cambodia and emphasized that
a PRC military base in Cambodia would undermine Cambodian sovereignty,
threaten regional security, and negatively impact U.S.-Cambodia
relations. Senior officials at the Departments of State and Defense
continue to voice these concerns but Cambodia continues to allow the
PRC to expand its military presence and construct exclusive-use
facilities on the Gulf of Thailand.
In response to significant credible evidence of corruption, human
rights abuses, and an exclusive agreement with the People's Republic of
China (PRC) on military expansion in Cambodia by the Cambodian
government, effective immediately, the Department is amending ITAR
Sec. 126.1 by adding Cambodia in paragraph (o) and revising the
country policy chart in paragraph (d)(2). The policy of denial applies
to licenses or other approvals for exports and imports of defense
articles and defense services destined for or originating in Cambodia,
with exceptions related to conventional weapons destruction and
humanitarian demining activities. This action also precludes the use of
exemptions from licensing or other approval requirements as described
in that section.
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 (APA),
pursuant to 5 U.S.C. 553(a)(1). Since this rule is exempt from 5 U.S.C
553, the provisions of section 553(d) do not apply to this rulemaking.
Therefore, this rule is effective upon publication.
Regulatory Flexibility Act
Since this rule is exempt from the notice-and-comment provisions of
5 U.S.C. 553(b), 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 are deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
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 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). Because
the scope of this rule does not impose additional regulatory
requirements or obligations, the Department believes costs associated
with this rule will be minimal. 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 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.
[[Page 70054]]
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 revising the table in paragraph (d)(2)
and adding paragraph (o) to read as follows:
Sec. 126.1 Prohibited exports, imports, and sales to or from certain
countries.
* * * * *
(d) * * *
(2) * * *
Table 2 to Paragraph (d)(2)
----------------------------------------------------------------------------------------------------------------
Country Country specific paragraph location
----------------------------------------------------------------------------------------------------------------
Afghanistan................................... See also paragraph (g) of this section.
Cambodia...................................... See also paragraph (o) 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.
----------------------------------------------------------------------------------------------------------------
* * * * *
(o) Cambodia. It is the policy of the United States to deny
licenses or other approvals for exports and imports of defense articles
and defense services destined for or originating in Cambodia, except
that a license or other approval may be issued, on a case-by-case
basis, for defense articles and defense services in furtherance of
conventional weapons destruction or humanitarian mine action
activities.
* * * * *
Kevin E. Bryant,
Deputy Director, Office of Directives Management, U.S. Department of
State.
[FR Doc. 2021-26590 Filed 12-8-21; 8:45 am]
BILLING CODE 4710-06-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 9, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.