Rule2024-21849
Amendment to the 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
September 27, 2024
Effective
October 1, 2024
Issuing agencies
State Department
Abstract
The Department of State is amending the International Traffic in Arms Regulations to reflect current defense trade policy toward Cyprus.
Full Text
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<title>Federal Register, Volume 89 Issue 188 (Friday, September 27, 2024)</title>
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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Rules and Regulations]
[Pages 79140-79142]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21849]
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DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 12515]
RIN 1400-AF87
Amendment to the International Traffic in Arms Regulations:
Prohibited Exports, Imports, and Sales to or From Certain Countries--
Cyprus
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations to reflect current defense trade policy toward
Cyprus.
DATES: This rule is effective on October 1, 2024.
FOR FURTHER INFORMATION CONTACT: Mr. Hershel Tamboli, Foreign Affairs
Officer, Office of Defense Trade Controls Policy, U.S. Department of
State, telephone (771) 204-0008; email <a href="/cdn-cgi/l/email-protection#5511110116162026213a383027063027233c36301526213421307b323a23"><span class="__cf_email__" data-cfemail="763232223535030502191b1304251304001f151336050217021358111900">[email protected]</span></a>.
ATTN: Regulatory Change, ITAR Section 126.1 Cyprus Country Policy
Update.
SUPPLEMENTARY INFORMATION: The Department of State (the Department)
amends section 126.1 of the International Traffic in Arms Regulations
(ITAR) (22 CFR parts 120 through 130) to specify that the Republic of
Cyprus' status as a proscribed destination is suspended from October 1,
2024, through September 30, 2025. This action continues the
Department's current policy, which originally lifted the arms embargo
to the Republic of Cyprus, under section 126.1 of the ITAR, on October
1, 2022.
Specifically, section 1250A(d) of the National Defense
Authorization Act for
[[Page 79141]]
Fiscal Year 2020 (Pub. L. 116-92) (2020 NDAA) and section 205(d) of the
Eastern Mediterranean Security and Energy Partnership Act of 2019 (Pub.
L. 116-94, Div. J.) (EMSEPA) provide that the policy of denial for
exports, reexports, 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 the 2020 NDAA and the
EMSEPA (85 FR 35797, June 12, 2020). On August 19, 2024, 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,
reexports, and transfers of defense articles to the Republic of Cyprus
for fiscal year 2025. 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 2025. In conjunction with this action, the
Secretary of State also suspended 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 2025.
As a result of this certification, certain exemptions to licensing
requirements continue to be available for exports, reexports,
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
This rulemaking involves a military or foreign affairs function of
the United States under 5 U.S.C. 553(a). As the provisions of section
553 do not apply to this rulemaking, the Department is publishing this
rule with a specified effective date and without a request for public
comment.
Regulatory Flexibility Act
Since this rule is exempt from the notice-and-comment rulemaking
provisions of 5 U.S.C. 553, 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 were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Congressional Review Act
It is the view of the Office of Information and Regulatory Affairs
that this rulemaking is not a major rule under the criteria of 5 U.S.C.
804. This rule will not increase costs or prices and should have no
adverse effects on competition, employment, investment, productivity,
innovation, or the ability of U.S.-based enterprises to compete with
foreign-based enterprises in domestic and export markets. The
Department does not expect this rule to have an annual effect on the
economy of $100 million or more.
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, 13563, and 14094
Executive Orders 12866 (as amended by Executive Order 14094) 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 expanding 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 significant
regulatory action by the Office of Information and Regulatory Affairs
under Executive Order 12866, as amended.
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, the requirements of Executive Order 13175 do
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.
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 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. 1232; Sec. 1250A, Pub. L 116-
92, 133 Stat. 1665; Sec. 205, Pub. L. 116-94, 133 Stat.
[[Page 79142]]
3052; E.O. 13637, 78 FR 16129, 3 CFR, 2013 Comp., p. 223.
0
2. Amend Sec. 126.1 by revising paragraph (r)(2) to read as follows:
Sec. 126.1 Prohibited exports, imports, and sales to or from certain
countries.
* * * * *
(r) * * *
(2) From October 1, 2024, through September 30, 2025, the policy of
denial and the status of Cyprus as a proscribed destination is
suspended.
* * * * *
Bonnie D. Jenkins,
Under Secretary, Arms Control and International Security, Department of
State.
[FR Doc. 2024-21849 Filed 9-26-24; 8:45 am]
BILLING CODE 4710-25-P
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