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[Federal Register: March 26, 2008 (Volume 73, Number 59)]
[Rules and Regulations]               
[Page 15885]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr08-15]                         

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DEPARTMENT OF STATE

22 CFR Part 123

[Public Notice: 6147]

 
Amendment to the International Traffic in Arms Regulations: North 
Atlantic Treaty Organization (NATO)

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 clarify United States policy to allow 
for reexports or retransfers of U.S.-origin components incorporated 
into a foreign defense article to the North Atlantic Treaty 
Organization (NATO), and its agencies, as well as to NATO member 
governments.

DATES: Effective Date: This rule is effective March 26, 2008.

ADDRESSES: Interested parties may submit comments at any time by any of 
the following methods:
     E-mail: DDTCResponseTeam@state.gov with an appropriate 
subject line.
     Mail: Department of State, Directorate of Defense Trade 
Controls, Office of Defense Trade Controls Policy, ATTN: Regulatory 
Change, ITAR Part 123, SA-1, 12th Floor, Washington, DC 20522-0112.
    Persons with access to the Internet may also view this notice by 
going to the regulations.gov Web site at http://regulations.gov/
index.cfm.

FOR FURTHER INFORMATION CONTACT: Director Ann Ganzer, Office of Defense 
Trade Controls Policy, Department of State, Telephone (202) 663-2792 or 
Fax (202) 261-8199; E-mail DDTCResponseTeam@state.gov. ATTN: Regulatory 
Change, Part 123.

SUPPLEMENTARY INFORMATION: To clarify the current regulation, it is 
necessary to explicitly provide that NATO and its agencies, in addition 
to the government of a NATO country, or the governments of Australia or 
Japan, are authorized without the prior written approval of the 
Directorate of Defense Trade Controls, upon meeting certain conditions, 
to reexport or retransfer U.S.-origin components incorporated into a 
foreign defense article.

Regulatory Analysis and Notices

Administrative Procedure Act

    This amendment involves a foreign affairs function of the United 
States and, therefore, is not subject to the procedures required by 5 
U.S.C. 553 and 554.

Regulatory Flexibility Act

    Since this amendment involves a foreign affairs function of the 
United States, it does not require analysis under the Regulatory 
Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This amendment 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.

Small Business Regulatory Enforcement Fairness Act of 1996

    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 amendment 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 amendment.

Executive Order 12866

    This amendment is exempt from review under Executive Order 12866, 
but has been reviewed internally by the Department of State to ensure 
consistency with the purposes thereof.

Paperwork Reduction Act

    This rule does not impose any new reporting or recordkeeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 123

    Arms and munitions, Exports.

0
Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, part 123 is amended as follows:

PART 123--LICENSES FOR THE EXPORT OF DEFENSE ARTICLES

0
1. The authority citation for part 123 continues to read as follows:

    Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 4311; 3 
CFR, 1977 Comp., p. 79; 22 U.S.C. 2651a; 22 U.S.C. 2776; Pub. L. 
105-261, 112 Stat. 1920; Sec. 1205(a), Pub. L. 107-228.

0
2. Section 123.9 is amended by revising paragraph (e) introductory text 
to read as follows:

Sec.  123.9  Country of ultimate destination and approval of reexports 
or retransfers.

* * * * *
    (e) Reexports or retransfers of U.S.-origin components incorporated 
into a foreign defense article to NATO, NATO agencies, a government of 
a NATO country, or the governments of Australia or Japan, are 
authorized without the prior written approval of the Directorate of 
Defense Trade Controls, provided:
* * * * *

    Dated: March 10, 2008.
John C. Rood,
Acting Under Secretary for Arms Control and International Security, 
Department of State.
 [FR Doc. E8-6019 Filed 3-25-08; 8:45 am]

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