Rule2022-25541
International Traffic in Arms Regulations: Prohibited Exports, Imports, and Sales to or From Certain Countries-Cyprus
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
November 22, 2022
Effective
November 22, 2022
Issuing agencies
State Department
Abstract
The Department of State is amending the International Traffic in Arms Regulations (ITAR) to reflect current defense trade policy towards Cyprus.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 224 (Tuesday, November 22, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Rules and Regulations]
[Pages 71250-71251]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25541]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 11858]
RIN 1400-AF58
International Traffic in Arms Regulations: Prohibited Exports,
Imports, and Sales to or From Certain Countries--Cyprus
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations (ITAR) to reflect current defense trade policy
towards Cyprus.
DATES: This rule is effective November 22, 2022.
FOR FURTHER INFORMATION CONTACT: Sarah Heidema, Office of Defense Trade
Controls Policy, Department of State, telephone (202) 663-1282, or
email <a href="/cdn-cgi/l/email-protection#662222322525131512090b0314350314100f050326151207120348010910"><span class="__cf_email__" data-cfemail="5410100017172127203b393126073126223d37311427203520317a333b22">[email protected]</span></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 section
205(d) of the Eastern Mediterranean Security and Energy Partnership Act
of 2019 (Pub. L. 116-94, Div. J.) provide that the policy of denial for
exports, re-exports, and transfers of defense articles on the United
States Munitions List to the Republic of Cyprus shall remain in place
unless the President determines and certifies to the appropriate
congressional committees not less than annually that: (A) the
Government of the Republic of Cyprus is continuing to cooperate with
the United States Government in efforts to implement reforms on anti-
money laundering regulations and financial regulatory oversight; and
(B) the Government of the Republic of Cyprus has made and is continuing
to take the steps necessary to deny Russian military vessels access to
ports for refueling and servicing.
On April 14, 2020, the President delegated to the Secretary of
State the functions and authorities vested by section 1250A(d) of the
National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-
92) and section 205(d) of the Eastern Mediterranean Security and Energy
Partnership Act of 2019 (Pub. L. 116-94, Div. J.) (85 FR 35797, June
12, 2020). On September 12, 2022, utilizing these authorities, the
Secretary of State certified to the appropriate congressional
committees that the Republic of Cyprus meets the statutory requirements
to remove the policy of denial for exports, re-exports, and transfers
of defense articles to the Republic of Cyprus for fiscal year 2023. The
Secretary of State further approved the suspension of the policy of
denial for exports, reexports, and transfers of defense articles and
defense services to the Republic of Cyprus for fiscal year 2023. In
conjunction with the Secretary of State's decision, the Under Secretary
for Arms Control and International Security used the Department's
delegated authority (Executive Order 13637) under the Arms Export
Control Act (22 U.S.C. 2751 et seq.) to suspend the policy of denial
for retransfers and temporary imports destined for or originating in
the Republic of Cyprus and brokering activities involving the Republic
of Cyprus for fiscal year 2023. Accordingly, the Department now amends
section 126.1 of the International Traffic in Arms Regulations (22 CFR
parts 120 through
[[Page 71251]]
130) to specify that the Republic of Cyprus' status as a proscribed
destination is suspended from October 1, 2022, through September 30,
2023. As a result of this change, certain exemptions to licensing
requirements are now available for exports, re-exports, retransfers,
and temporary imports destined for or originating in the Republic of
Cyprus and brokering activities involving the Republic of Cyprus,
provided the conditions for use of those exemptions are met.
Applications for licenses and other authorizations submitted to the
Directorate of Defense Trade Controls involving the Republic of Cyprus
and nationals of the Republic of Cyprus are subject to case-by-case
review.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department of State (the Department) 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 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 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), it 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, 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). 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 been designated a
``significant regulatory action'' by the Office and Information and
Regulatory Affairs under Executive Order 12866.
Executive Order 12988
The Department 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 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 rule 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.
Accordingly, 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 is revised to read as follows:
Authority: 22 U.S.C. 287c, 2651a, 2752, 2753, 2776, 2778, 2779,
2779a, 2780, 2791, 2797; Sec. 1225, Pub. L. 108-375, 118 Stat. 2091;
Sec. 7045, Pub. L. 112-74, 125 Stat. 1232; Sec. 1250A, Pub. L 116-
92, 133 Stat. 1665; Sec. 205, Pub. L. 116-94, 133 Stat. 3052; E.O.
13637, 78 FR 16129, 3 CFR, 2013 Comp., p. 223.
0
2. Amend Sec. 126.1 by adding paragraph (r) to read as follows:
Sec. 126.1
* * * * *
(r) Cyprus. It is the policy of the United States to deny licenses
or other approvals for exports or imports of defense articles and
defense services destined for or originating in Cyprus, except that a
license or other approval may be issued, on a case-by-case basis, for
the United Nations Forces in Cyprus (UNFICYP) or for civilian end-
users. This policy of denial, and the status of Cyprus as a proscribed
destination, is suspended from October 1, 2022, through September 30,
2023.
* * * * *
Bonnie Jenkins,
Under Secretary, Arms Control and International Security, Department of
State.
[FR Doc. 2022-25541 Filed 11-21-22; 8:45 am]
BILLING CODE 4710-25-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 November 22, 2022.
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.