Amendment to the International Traffic in Arms Regulations: Filing, Retention, and Return of Export Licenses and Filing of Export Information, 68311-68313 [2011-28548]
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Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations
Dated: November 1, 2011.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
PART 902—NOAA INFORMATION
COLLECTION REQUIREMENTS UNDER
THE PAPERWORK REDUCTION ACT:
OMB CONTROL NUMBERS
■
For the reasons set out in the
preamble, 15 CFR part 902 is amended
as follows:
■
1. The authority citation for part 902
continues to read as follows:
§ 902.1 OMB control numbers assigned
pursuant to the Paperwork Reduction Act.
*
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Authority: 44 U.S.C. 3501 et seq.
CFR part or section where the information collection
requirement is located
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2. In § 902.1, the table in paragraph
(b), under 50 CFR, is amended by
revising the OMB control numbers for
§§ 622.5, 622.8, and 622.18, to read as
follows:
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*
(b) * * *
*
*
Current OMB control number (all numbers begin with 0648–)
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*
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622.5 ......................................................................................................... ¥0013, ¥0016, ¥0392, and ¥0593.
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622.8 ......................................................................................................... ¥0205 and ¥0593.
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622.18 ....................................................................................................... ¥0205 and ¥0593.
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50 CFR
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[FR Doc. 2011–28662 Filed 11–3–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF STATE
22 CFR Part 123
RIN 1400–AC91
[Public Notice 7674]
Amendment to the International Traffic
in Arms Regulations: Filing, Retention,
and Return of Export Licenses and
Filing of Export Information
Department of State.
Final rule.
AGENCY:
ACTION:
The Department of State is
amending the International Traffic in
Arms Regulations (ITAR) to reflect
changes in the requirements for the
return of licenses. Applicants are no
longer required to return certain expired
DSP–5s. This change will reduce the
administrative burden on applicants.
DATES: Effective Date: This rule is
effective November 4, 2011.
FOR FURTHER INFORMATION CONTACT:
Nicholas Memos, Office of Defense
Trade Controls Policy, Bureau of
Political-Military Affairs, Department of
State, (202) 663–2829 or FAX (202) 261–
8199; Email memosni@state.gov, Attn:
ITAR Amendment—License Return.
SUPPLEMENTARY INFORMATION: The
Department of State is amending
§ 123.22(c) to institute changes in the
requirements for the return of licenses.
jlentini on DSK4TPTVN1PROD with RULES
SUMMARY:
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16:20 Nov 03, 2011
Jkt 226001
*
*
With this change, applicants with DSP–
5 licenses that have been issued
electronically by the Directorate of
Defense Trade Controls (DDTC) and
decremented electronically by the U.S.
Customs and Border Protection (CBP)
through the Automated Export System
(AES) are no longer required to return
them to DDTC when they expire, to
include when the total authorized value
or quantity has been shipped. The
return of these licenses is redundant
and unnecessary as all of the export
information has been captured and
saved electronically. If a DSP–5 license
issued electronically is decremented
physically in one or more instance the
license must be returned to the
Department of State.
All other DSP–5 licenses that do not
meet the criteria described above, and
all DSP–61, DSP–73, and DSP–85
licenses, and DSP–94 authorizations,
must be returned by the applicant, or
the government agency with which the
license or authorization was filed, to
DDTC, as these licenses and
authorizations are not decremented
electronically, even if an Electronic
Export Information is filed via AES.
New § 123.22(c)(3) addresses the
return of the DSP–94 authorization.
New § 123.22(c)(4) provides that
licenses issued but not used by the
applicant do not need to be returned to
DDTC.
New § 123.22(c)(5) provides that
licenses which have been revoked by
DDTC are considered expired.
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Fmt 4700
Sfmt 4700
Section 123.21(b) is amended to
conform to the changes to § 123.22(c).
This rule was first presented as a
proposed rule for public comment on
July 14, 2011. That comment period
ended August 29, 2011. Three
comments were received. The
Department’s evaluation of the written
comments and recommendations are as
follows.
One commenting party recommended
the Department revise the provision
regarding the return of the DSP–85, as
the issued license is not held by the
applicant, but by an officer of the
Defense Security Service. The
Department accepted this
recommendation, and has revised
§ 123.22(c)(2) to provide that ‘‘the
government agency with which the
license or authorization was filed’’ may
also return an expired license or
authorization to the Department.
One commenting party recommended
revising the sentence in § 123.22(c)(1)
addressing the maintenance of records.
The commenting party correctly pointed
out that, as drafted in the proposed rule,
the requirement to maintain records of
an electronically issued and
decremented DSP–5 pertained only
when the license was fully decremented
or expired, when in fact the
requirement, per ITAR § 122.5, is for
record maintenance on an ongoing
basis. Section (c)(1) is revised
accordingly.
One commenting party recommended
revising a section of the ITAR not the
subject of this rule. The Department,
E:\FR\FM\04NOR1.SGM
04NOR1
68312
Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations
though, takes this opportunity to
address the recommendation. The
commenting party recommended
revising ITAR § 123.22(a)(1) to allow the
exporter to present to CBP an
electronically issued DSP–5 license at
the time of permanent export, and not
prior to filing the license in the
Automated Export System. This
procedure is a requirement set by CBP,
for enforcement purposes, and not by
the Department.
One commenting party recommended
the elimination of the requirement to
return any expired license to the
Department, stating that it is inefficient,
redundant of other recordkeeping
requirements, and not in keeping with
the Department’s initiative to provide
end-to-end electronic licensing. The
Department observes that while it has
instituted electronic processes for the
majority of defense trade licensing
transactions, it has not completed this
initiative. Therefore, certain
requirements cannot be completed
electronically by the public. This
includes providing the Department with
a record of certain expired licenses. As
an alternative, the commenting party
suggested providing D-Trade, the
Department’s electronic licensing
system, as a means of returning certain
expired licenses, but D-Trade is
currently not configured to support this
function. The Department also observes
that the recordkeeping requirement of
ITAR § 122.5 pertains to registrants; for
enforcement purposes, the Department
also must have record of which exports
were completed from approved
authorizations. For the foregoing
reasons, the Department did not accept
this commenting party’s
recommendation.
Having thoroughly reviewed and
evaluated the written comments and
recommended changes, the Department
has determined that it will accept, and
hereby does adopt with the noted
changes, the proposed rule as a final
rule.
jlentini on DSK4TPTVN1PROD with RULES
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 foreign affairs function of the United
States Government and that rules
implementing this function are exempt
from § 553 (Rulemaking) and § 554
(Adjudications) of the Administrative
Procedure Act. Although the
Department is of the opinion that this
rule is exempt from the rulemaking
provisions of the APA, the Department
published this rule with a 45-day
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16:20 Nov 03, 2011
Jkt 226001
provision for public comment and
without prejudice to its determination
that controlling the import and export of
defense services is a foreign affairs
function.
Regulatory Flexibility Act
Since this amendment is not subject
to the notice-and-comment procedures
of 5 U.S.C. 553, 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.
Executive Order 13175
The Department has determined that
this rule will not have Tribal
implications, will not impose
substantial direct compliance costs on
Indian Tribal governments, and will not
pre-empt Tribal law. Accordingly, the
requirements of Executive Order 13175
do not apply to this rule.
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
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Fmt 4700
Sfmt 4700
Executive Order 13563
The Department of State has
considered this rule in light of
Executive Order 13563, dated January
18, 2011, and affirms that this regulation
is consistent with the guidance therein.
Executive Order 12988
The Department of State has reviewed
the amendment in light of sections 3(a)
and 3(b)(2) of Executive Order 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
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.
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
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.
2. Section 123.21 is amended by
revising the section heading and
paragraph (b) to read as follows:
■
§ 123.21 Duration, renewal, and
disposition of licenses.
*
*
*
*
*
(b) Unused, expired, suspended, or
revoked licenses must be handled in
accordance with § 123.22(c) of this
subchapter.
■ 3. Section 123.22 is amended by
revising paragraph (c) to read as follows:
§ 123.22 Filing, retention, and return of
export licenses and filing of export
information.
*
The Department of State does not
consider this rule to be a ‘‘significant
regulatory action’’ under Executive
Order 12866, section 3(f), Regulatory
Planning and Review. The Department
PO 00000
is of the opinion that controlling the
import and export of defense articles
and services is a foreign affairs function
of the United States Government and
that rules governing the conduct of this
function are exempt from the
requirements of Executive Order 12866.
*
*
*
*
(c) Return of licenses. Per § 123.21 of
this subchapter, all DSP licenses issued
by the Directorate of Defense Trade
Controls (DDTC) must be disposed of in
accordance with the following:
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Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations
jlentini on DSK4TPTVN1PROD with RULES
(1) A DSP–5 license issued
electronically by DDTC and
decremented electronically by the U.S.
Customs and Border Protection through
the Automated Export System (AES) is
not required to be returned to DDTC. If
a DSP–5 license issued electronically is
decremented physically in one or more
instance the license must be returned
DDTC. A copy of the DSP–5 license
must be maintained by the applicant in
accordance with § 122.5 of this
subchapter.
(2) DSP–5, DSP–61, DSP–73, and
DSP–85 licenses issued by DDTC but
not decremented electronically by the
U.S. Customs and Border Protection
through AES (e.g., oral or visual
technical data releases or temporary
import and export licenses retained in
accordance with paragraph (a)(2) of this
section), must be returned by the
applicant, or the government agency
with which the license was filed, to
DDTC upon expiration, to include when
the total authorized value or quantity
has been shipped. A copy of the license
must be maintained by the applicant in
accordance with § 122.5 of this
subchapter. AES does not decrement the
DSP–61, DSP–73, and DSP–85 licenses.
Submitting the Electronic Export
Information is not considered to be
decremented electronically for these
licenses.
(3) A DSP–94 authorization filed with
the U.S. Customs and Border Protection
must be returned by the applicant, or
the government agency with which the
authorization was filed, to DDTC upon
expiration, to include when the total
authorized value or quantity has been
shipped, or when all shipments against
the Letter of Offer and Acceptance have
been completed. AES does not
decrement the DSP–94 authorization.
Submitting the Electronic Export
Information is not considered to be
decremented electronically for the DSP–
94. A copy of the DSP–94 must be
maintained by the applicant in
accordance with § 122.5 of this
subchapter.
(4) A license issued by DDTC but not
used by the applicant does not need to
be returned to DDTC, even when
expired.
(5) A license revoked by DDTC is
considered expired and must be
handled in accordance with paragraphs
(c)(1) and (c)(2) of this section.
Dated: October 27, 2011.
Ellen O. Tauscher,
Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2011–28548 Filed 11–3–11; 8:45 am]
BILLING CODE 4710–25–P
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68313
articles and services to Libya, except
where not prohibited under UNSC
embargo and determined to be in the
interests of the national security and
foreign policy of the United States.
DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 7675]
RIN 1400–AC97
Resolution 2009
To the existing exceptions to the arms
embargo, delineated in resolutions 1970
and 1973, resolution 2009 adds the
supply, sale, or transfer to Libya of arms
AGENCY: Department of State.
and related materiel, including
ACTION: Final rule.
technical assistance, intended solely for
security or disarmament assistance to
SUMMARY: The Department of State is
the Libyan authorities, and small arms,
amending the International Traffic in
light weapons, and related materiel for
Arms Regulations (ITAR) to update the
the sole use of UN personnel,
policy regarding Libya to reflect the
representatives of the media, and
additional modifications to the United
Nations Security Council arms embargo humanitarian and development workers
and associated personnel. License
of Libya adopted in September 2011.
applications submitted pursuant to
DATES: Effective Date: This rule is
these exceptions are notified in advance
effective November 4, 2011.
to the Committee of the Security
FOR FURTHER INFORMATION CONTACT:
Council concerning Libya, and are
Charles B. Shotwell, Director, Office of
eligible for approval in the absence of a
Defense Trade Controls Policy,
negative decision by the Committee
Department of State, by telephone: (202) within five working days of such a
663–2792; fax: (202) 261–8199; or email: notification.
DDTCResponseTeam@state.gov. ATTN:
Accordingly, the ITAR is amended to
Part 126, Libya.
reflect these exceptions.
SUPPLEMENTARY INFORMATION: On
September 16, 2011, the United Nations Regulatory Analysis and Notices
Security Council adopted resolution
Administrative Procedure Act
2009, which modifies the arms embargo
The Department of State is of the
against Libya put in place by the
opinion that controlling the import and
adoption in February and March of
export of defense articles and services is
resolutions 1970 and 1973, respectively. a foreign affairs function of the United
States Government and that rules
Resolutions 1970 and 1973, and the
May 2011 ITAR Amendment Regarding implementing this function are exempt
from § 553 (Rulemaking) and § 554
Libya
(Adjudications) of the Administrative
On February 26, 2011, the United
Procedure Act. Since this rule is exempt
Nations Security Council adopted
from 5 U.S.C. 553, it is the view of the
Resolution 1970, paragraph 9 of which
Department of State that the provisions
provides that UN member states shall
of § 553(d) do not apply to this
immediately take the necessary
rulemaking. Therefore, this rule is
measures to prevent the sale, supply, or effective upon publication. The
transfer of arms and related materiel of
Department also finds that, given the
all types to the Libyan Arab Jamahiriya, national security issues surrounding
with certain exceptions. On March 17,
U.S. policy towards Libya, that notice
2011, the UN Security Council adopted
and public procedure on this rule would
Resolution 1973, paragraph 4 of which
be impracticable, unnecessary, or
authorizes member states to take all
contrary to the public interest. See 5
necessary measures, notwithstanding
U.S.C. 808(2).
the arms embargo established by
Regulatory Flexibility Act
paragraph 9 of Resolution 1970, to
protect civilians and civilian populated
Since this amendment is not subject
areas under threat of attack in Libya. On to the notice-and-comment procedures
May 24, 2011, the Department amended of 5 U.S.C. 553, it does not require
the ITAR to implement the Security
analysis under the Regulatory
Council’s actions by adding Libya to
Flexibility Act.
§ 126.1(c), which identifies countries
Unfunded Mandates Reform Act of 1995
subject to UN Security Council arms
This amendment does not involve a
embargoes. See 76 FR 30001. The
mandate that will result in the
Department also revised the previous
expenditure by State, local, and Tribal
policy on Libya contained in § 126.1(k)
governments, in the aggregate, or by the
to announce a policy of denial for all
private sector, of $100 million or more
requests for licenses or other approvals
in any year and it will not significantly
to export or otherwise transfer defense
Amendment to the International Traffic
in Arms Regulations: Libya and
UNSCR 2009
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]]>Agencies
[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Rules and Regulations]
[Pages 68311-68313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28548]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 123
RIN 1400-AC91
[Public Notice 7674]
Amendment to the International Traffic in Arms Regulations:
Filing, Retention, and Return of Export Licenses and Filing of Export
Information
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations (ITAR) to reflect changes in the requirements for
the return of licenses. Applicants are no longer required to return
certain expired DSP-5s. This change will reduce the administrative
burden on applicants.
DATES: Effective Date: This rule is effective November 4, 2011.
FOR FURTHER INFORMATION CONTACT: Nicholas Memos, Office of Defense
Trade Controls Policy, Bureau of Political-Military Affairs, Department
of State, (202) 663-2829 or FAX (202) 261-8199; Email
memosni@state.gov, Attn: ITAR Amendment--License Return.
SUPPLEMENTARY INFORMATION: The Department of State is amending Sec.
123.22(c) to institute changes in the requirements for the return of
licenses. With this change, applicants with DSP-5 licenses that have
been issued electronically by the Directorate of Defense Trade Controls
(DDTC) and decremented electronically by the U.S. Customs and Border
Protection (CBP) through the Automated Export System (AES) are no
longer required to return them to DDTC when they expire, to include
when the total authorized value or quantity has been shipped. The
return of these licenses is redundant and unnecessary as all of the
export information has been captured and saved electronically. If a
DSP-5 license issued electronically is decremented physically in one or
more instance the license must be returned to the Department of State.
All other DSP-5 licenses that do not meet the criteria described
above, and all DSP-61, DSP-73, and DSP-85 licenses, and DSP-94
authorizations, must be returned by the applicant, or the government
agency with which the license or authorization was filed, to DDTC, as
these licenses and authorizations are not decremented electronically,
even if an Electronic Export Information is filed via AES.
New Sec. 123.22(c)(3) addresses the return of the DSP-94
authorization.
New Sec. 123.22(c)(4) provides that licenses issued but not used
by the applicant do not need to be returned to DDTC.
New Sec. 123.22(c)(5) provides that licenses which have been
revoked by DDTC are considered expired.
Section 123.21(b) is amended to conform to the changes to Sec.
123.22(c).
This rule was first presented as a proposed rule for public comment
on July 14, 2011. That comment period ended August 29, 2011. Three
comments were received. The Department's evaluation of the written
comments and recommendations are as follows.
One commenting party recommended the Department revise the
provision regarding the return of the DSP-85, as the issued license is
not held by the applicant, but by an officer of the Defense Security
Service. The Department accepted this recommendation, and has revised
Sec. 123.22(c)(2) to provide that ``the government agency with which
the license or authorization was filed'' may also return an expired
license or authorization to the Department.
One commenting party recommended revising the sentence in Sec.
123.22(c)(1) addressing the maintenance of records. The commenting
party correctly pointed out that, as drafted in the proposed rule, the
requirement to maintain records of an electronically issued and
decremented DSP-5 pertained only when the license was fully decremented
or expired, when in fact the requirement, per ITAR Sec. 122.5, is for
record maintenance on an ongoing basis. Section (c)(1) is revised
accordingly.
One commenting party recommended revising a section of the ITAR not
the subject of this rule. The Department,
[[Page 68312]]
though, takes this opportunity to address the recommendation. The
commenting party recommended revising ITAR Sec. 123.22(a)(1) to allow
the exporter to present to CBP an electronically issued DSP-5 license
at the time of permanent export, and not prior to filing the license in
the Automated Export System. This procedure is a requirement set by
CBP, for enforcement purposes, and not by the Department.
One commenting party recommended the elimination of the requirement
to return any expired license to the Department, stating that it is
inefficient, redundant of other recordkeeping requirements, and not in
keeping with the Department's initiative to provide end-to-end
electronic licensing. The Department observes that while it has
instituted electronic processes for the majority of defense trade
licensing transactions, it has not completed this initiative.
Therefore, certain requirements cannot be completed electronically by
the public. This includes providing the Department with a record of
certain expired licenses. As an alternative, the commenting party
suggested providing D-Trade, the Department's electronic licensing
system, as a means of returning certain expired licenses, but D-Trade
is currently not configured to support this function. The Department
also observes that the recordkeeping requirement of ITAR Sec. 122.5
pertains to registrants; for enforcement purposes, the Department also
must have record of which exports were completed from approved
authorizations. For the foregoing reasons, the Department did not
accept this commenting party's recommendation.
Having thoroughly reviewed and evaluated the written comments and
recommended changes, the Department has determined that it will accept,
and hereby does adopt with the noted changes, the proposed rule as a
final rule.
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 foreign affairs
function of the United States Government and that rules implementing
this function are exempt from Sec. 553 (Rulemaking) and Sec. 554
(Adjudications) of the Administrative Procedure Act. Although the
Department is of the opinion that this rule is exempt from the
rulemaking provisions of the APA, the Department published this rule
with a 45-day provision for public comment and without prejudice to its
determination that controlling the import and export of defense
services is a foreign affairs function.
Regulatory Flexibility Act
Since this amendment is not subject to the notice-and-comment
procedures of 5 U.S.C. 553, 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.
Executive Order 13175
The Department has determined that this rule will not have Tribal
implications, will not impose substantial direct compliance costs on
Indian Tribal governments, and will not pre-empt Tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rule.
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
The Department of State does not consider this rule to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review. The Department is of the opinion
that controlling the import and export of defense articles and services
is a foreign affairs function of the United States Government and that
rules governing the conduct of this function are exempt from the
requirements of Executive Order 12866.
Executive Order 13563
The Department of State has considered this rule in light of
Executive Order 13563, dated January 18, 2011, and affirms that this
regulation is consistent with the guidance therein.
Executive Order 12988
The Department of State has reviewed the amendment in light of
sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate
ambiguity, minimize litigation, establish clear legal standards, and
reduce burden.
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.
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 123.21 is amended by revising the section heading and
paragraph (b) to read as follows:
Sec. 123.21 Duration, renewal, and disposition of licenses.
* * * * *
(b) Unused, expired, suspended, or revoked licenses must be handled
in accordance with Sec. 123.22(c) of this subchapter.
0
3. Section 123.22 is amended by revising paragraph (c) to read as
follows:
Sec. 123.22 Filing, retention, and return of export licenses and
filing of export information.
* * * * *
(c) Return of licenses. Per Sec. 123.21 of this subchapter, all
DSP licenses issued by the Directorate of Defense Trade Controls (DDTC)
must be disposed of in accordance with the following:
[[Page 68313]]
(1) A DSP-5 license issued electronically by DDTC and decremented
electronically by the U.S. Customs and Border Protection through the
Automated Export System (AES) is not required to be returned to DDTC.
If a DSP-5 license issued electronically is decremented physically in
one or more instance the license must be returned DDTC. A copy of the
DSP-5 license must be maintained by the applicant in accordance with
Sec. 122.5 of this subchapter.
(2) DSP-5, DSP-61, DSP-73, and DSP-85 licenses issued by DDTC but
not decremented electronically by the U.S. Customs and Border
Protection through AES (e.g., oral or visual technical data releases or
temporary import and export licenses retained in accordance with
paragraph (a)(2) of this section), must be returned by the applicant,
or the government agency with which the license was filed, to DDTC upon
expiration, to include when the total authorized value or quantity has
been shipped. A copy of the license must be maintained by the applicant
in accordance with Sec. 122.5 of this subchapter. AES does not
decrement the DSP-61, DSP-73, and DSP-85 licenses. Submitting the
Electronic Export Information is not considered to be decremented
electronically for these licenses.
(3) A DSP-94 authorization filed with the U.S. Customs and Border
Protection must be returned by the applicant, or the government agency
with which the authorization was filed, to DDTC upon expiration, to
include when the total authorized value or quantity has been shipped,
or when all shipments against the Letter of Offer and Acceptance have
been completed. AES does not decrement the DSP-94 authorization.
Submitting the Electronic Export Information is not considered to be
decremented electronically for the DSP-94. A copy of the DSP-94 must be
maintained by the applicant in accordance with Sec. 122.5 of this
subchapter.
(4) A license issued by DDTC but not used by the applicant does not
need to be returned to DDTC, even when expired.
(5) A license revoked by DDTC is considered expired and must be
handled in accordance with paragraphs (c)(1) and (c)(2) of this
section.
Dated: October 27, 2011.
Ellen O. Tauscher,
Under Secretary, Arms Control and International Security, Department
of State.
[FR Doc. 2011-28548 Filed 11-3-11; 8:45 am]
BILLING CODE 4710-25-P
