Rule2024-05695
International Traffic in Arms Regulations: Addition 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
March 15, 2024
Effective
March 15, 2024
Issuing agencies
State Department
Abstract
The Department of State is amending the International Traffic in Arms Regulations (ITAR) to add Nicaragua in the list of countries for which it is the policy of the United States to deny licenses or other approvals for exports and imports of defense services and defense articles, except as otherwise provided.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 52 (Friday, March 15, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Rules and Regulations]
[Pages 18796-18797]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05695]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 12306]
RIN 1400-AF80
International Traffic in Arms Regulations: Addition 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 Nicaragua in the list of countries
for which it is the policy of the United States to deny licenses or
other approvals for exports and imports of defense services and defense
articles, except as otherwise provided.
DATES: The rule is effective on March 15, 2024.
FOR FURTHER INFORMATION CONTACT: Ms. Maria Tatarska, Foreign Affairs
Officer, Office of Defense Trade Controls Policy, U.S. Department of
State, telephone (771) 205-7671; email <a href="/cdn-cgi/l/email-protection#85c1c1d1c6c6f0f6f1eae8e0f7d6e0f7f3ece6e0c5f6f1e4f1e0abe2eaf3"><span class="__cf_email__" data-cfemail="773333233434020403181a1205241205011e141237040316031259101801">[email protected]</span></a>
ATTN: Regulatory Change, ITAR Section 126.1: Nicaragua.
SUPPLEMENTARY INFORMATION: Due to growing concerns regarding
Nicaragua's continuing dismantling of democratic institutions, attacks
on civil society, and increased security cooperation with Russia, to
include support of Russia's full-scale invasion of Ukraine, the Under
Secretary of State for Arms Control and International Security has
determined that it is in the best interests of U.S. national security
and foreign policy to restrict, with certain exceptions, the export and
import of defense articles and defense services destined for or
originating in Nicaragua. This policy reflects the U.S. government's
opposition to the trade of arms with Nicaragua and its authoritarian
government dominated by President Daniel Ortega Saavedra and his wife,
Vice President Rosario Murillo Zambrana. Pursuant to this
determination, the Department is adding Nicaragua to ITAR Sec. 126.1
in paragraph (p). The policy of denial toward Nicaragua applies to
licenses or other approvals for exports and imports of defense articles
or defense services, except that a license or other approval may be
issued on a case-by-case basis for non-lethal military equipment
intended solely for humanitarian assistance, to include natural
disaster relief. Further, in accordance with ITAR Sec. 129.7, no
broker, as described in ITAR Sec. 129.2, may engage in or make a
proposal to engage in brokering activities subject to the ITAR that
involve Nicaragua without obtaining the approval of the Directorate of
Defense Trade Controls. Consistent with ITAR Sec. 129.7(d), the
Department of State will apply the same policy of denial to such
requests.
Regulatory Analysis and Notices
Administrative Procedure Act
This rulemaking is exempt from the rulemaking requirements of
section 553 of the Administrative Procedure Act (APA) pursuant to 5
U.S.C. 553(a)(1) as a military or foreign affairs function of the
United States.
Regulatory Flexibility Act
Since this rule is exempt from the notice-and-comment provisions of
5 U.S.C. 553, 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 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, 13563, and 14094
Executive Order 12866, as amended by Executive Orders 13563 and
14094, directs 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). As a result of this change, certain exemptions to
licensing requirements will not be available for exports, reexports,
retransfers, and temporary imports destined for or originating in
Nicaragua. However, a license or other approval may be issued on a
case-by-case basis for non-lethal military equipment intended solely
for humanitarian assistance, to include natural disaster relief.
Because the scope of this rule does not impose significant 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 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 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. 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.
[[Page 18797]]
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 revising table 2 to paragraph (d)(2) and adding
paragraph (p) 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.
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.
Nicaragua..................................... See also paragraph (p) 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.
----------------------------------------------------------------------------------------------------------------
* * * * *
(p) Nicaragua. It is the policy of the United States to deny
licenses or other approvals for exports and imports of defense articles
or defense services, destined for or originating in Nicaragua, except
that a license or other approval may be issued, on a case-by-case
basis, for non-lethal military equipment intended solely for
humanitarian assistance, to include natural disaster relief.
* * * * *
Bonnie D. Jenkins,
Under Secretary, Arms Control and International Security, Department of
State.
[FR Doc. 2024-05695 Filed 3-14-24; 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 March 15, 2024.
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.