Amendment to the International Traffic in Arms Regulations: Addition of South Sudan, 6457-6458 [2018-02995]
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations
6457
22 CFR Part 126
involve South Sudan without first
obtaining the approval of the Directorate
of Defense Trade Controls.
consultation on Federal programs and
activities do not apply to this
rulemaking.
[Public Notice 10306]
Regulatory Analysis and Notices
Executive Orders 12866 and 13563
RIN 1400–AE51
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 sections 553 (rulemaking) and 554
(adjudications) of the Administrative
Procedure Act. Since this rule is exempt
from 5 U.S.C. 553, the provisions of
§ 553(d) do not apply to this
rulemaking. Therefore, this rule is
effective upon publication. The
Department also finds that, given the
national security issues surrounding
U.S. policy towards the aforementioned
countries, there is good cause for the
effective date of this rule to be the date
of publication, as provided by 5 U.S.C.
553(d)(3).
Executive Orders 12866 and 13563
direct agencies to assess 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).
These executive orders stress 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
limiting 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. The
Department also finds that any costs of
this rulemaking are outweighed by the
foreign policy benefits, as described in
the preamble. This rule has not been
designated a ‘‘significant regulatory
action’’ by the Office and Information
and Regulatory Affairs under Executive
Order 12866.
DEPARTMENT OF STATE
Amendment to the International Traffic
in Arms Regulations: Addition of
South Sudan
Department of State.
Final rule.
AGENCY:
ACTION:
The Department of State is
amending the International Traffic in
Arms Regulations (ITAR) to include
reference to South Sudan in its
regulations on prohibited exports,
imports, and sales to and from certain
countries, and to update defense trade
policy toward South Sudan by applying
a policy of denial on the export of
defense articles and defense services to
South Sudan, except as otherwise
provided. This amendment reflects a
policy determination made by the
Secretary of State.
DATES: The rule is effective on February
14, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Engda Wubneh, Foreign Affairs Officer,
Office of Defense Trade Controls Policy,
U.S. Department of State, telephone:
(202) 663–2816, or email
DDTCResponseTeam@state.gov. ATTN:
Regulatory Change, ITAR Section 126.1
Update 2017.
SUPPLEMENTARY INFORMATION: In
response to the escalating crisis in
South Sudan, the Secretary of State has
determined that it is in the best interests
of U.S. foreign policy to restrict, with
certain exceptions, the export of defense
articles and defense services to South
Sudan in order to reflect the U.S.
government’s opposition to the trade of
arms to South Sudan and its
contribution to the conflict and
humanitarian crisis, to promote the
cessation of hostilities, and to reinforce
international unity in addressing the
South Sudan crisis by aligning the
United States with existing restrictions
on certain exports to South Sudan by
the European Union. This action
requires the Department to amend ITAR
§ 126.1(d)(2) to include South Sudan in
the list of countries to which a policy
of denial applies, and to add a new
paragraph (w) to specify the exceptions
to the policy of denial for which
licenses and other approvals to South
Sudan may be approved on a case-bycase basis. Further, in accordance with
ITAR § 129.7, no broker, as described in
ITAR § 129.2, may engage in or make a
proposal to engage in brokering
activities subject to the ITAR that
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
18:30 Feb 13, 2018
Jkt 244001
Regulatory Flexibility Act
Since this rule is exempt from the
provisions of 5 U.S.C. 553, there is no
requirement for an 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.
Small Business Regulatory Enforcement
Fairness Act of 1996
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,
the Department has determined that 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
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
Executive Order 12988
The Department of State 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, the
requirements of Executive Order 13175
do not apply to this rulemaking.
Executive Order 13771
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771, ‘‘Reducing Regulation and
Controlling Regulatory Costs.’’ See OMB
Memorandum M–17–21, ‘‘Guidance
Implementing Executive Order 13771’’
of April 5, 2017.
Paperwork Reduction Act
This rule does not impose any new
reporting or recordkeeping requirements
E:\FR\FM\14FER1.SGM
14FER1
6458
Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations
subject to the Paperwork Reduction Act,
44 U.S.C. Chapter 35.
PART 126—GENERAL POLICIES AND
PROVISIONS
List of Subjects in 22 CFR Part 126
■
1. The authority citation for part 126
continues to read as follows:
Arms and munitions, Exports.
Authority: Secs. 2, 38, 40, 42, and 71, Pub.
L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2780, 2791, and 2797); 22 U.S.C. 2651a; 22
U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR,
1994 Comp., p. 899; Sec. 1225, Pub. L. 108–
375; Sec. 7089, Pub. L. 111–117; Pub. L. 111–
266; Sections 7045 and 7046, Pub. L. 112–74;
E.O. 13637, 78 FR 16129.
Accordingly, for the reasons set forth
above, 22 CFR part 126 is amended as
follows:
2. Section 126.1 is amended by
revising the table in paragraph (d)(2),
and adding paragraph (w), and by
removing the Note to 126.1.
The revision and addition read as
follows:
■
§ 126.1 Prohibited exports, imports, and
sales to or from certain countries.
*
*
*
(d) * * *
(2) * * *
Country
daltland on DSKBBV9HB2PROD with RULES
*
*
*
*
(w) South Sudan. It is the policy of
the United States to deny licenses or
other approvals for exports of defense
articles and defense services destined
for South Sudan, except that a license
or other approval may be issued, on a
case-by-case basis, for:
(1) Defense articles and defense
services for monitoring, verification, or
peacekeeping support operations,
including those authorized by the
United Nations or operating with the
consent of the relevant parties;
(2) Defense articles and defense
services intended solely for the support
of, or use by, African Union Regional
Task Force (AU–RTF) or United Nations
entities operating in South Sudan,
including but not limited to the United
Nations Mission in the Republic of
South Sudan (UNMISS), the United
Nations Mine Action Service (UNMAS),
the United Nations Police (UNPOL), or
the United Nations Interim Security
Force for Abyei (UNISFA);
(3) Defense articles and defense
services intended solely for the support
of or use by non-governmental
organizations in furtherance of
conventional weapons destruction or
humanitarian demining activities;
(4) Non-lethal defense articles
intended solely for humanitarian or
protective use and related technical
training and assistance;
(5) Personal protective equipment
including flak jackets and helmets,
temporarily exported to South Sudan by
VerDate Sep<11>2014
18:30 Feb 13, 2018
Jkt 244001
United Nations personnel, human rights
monitors, representatives of the media,
and humanitarian and development
workers and associated personnel, for
their personal use only; or
(6) Any defense articles and defense
services provided in support of
implementation of the Comprehensive
Peace Agreement, the Agreement on the
Resolution of the Conflict in the
Republic of South Sudan, or any
successor agreement.
Michael Miller,
Office Director, Office of Regional Security
and Arms Transfers, Bureau of PoliticalMilitary Affairs, U.S. Department of State.
[FR Doc. 2018–02995 Filed 2–13–18; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF DEFENSE
§ 706 .2
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
Correction
In rule document 2018–02554
appearing on pages 5536–5537 in the
issue of February 8, 2018, make the
following correction:
Sfmt 4700
(g) of this section.
(u) of this section.
(r) of this section.
(i) of this section.
(h) of this section.
(j) of this section.
(f) of this section.
(t) of this section.
(k) of this section.
(m) of this section.
(w) of this section.
(v) of this section.
(s) of this section.
[Corrected]
On page 5537, in Table Four, in the
second column, ‘‘DDG 115’’ should read
‘‘DDG 116’’.
■
[FR Doc. C1–2018–02554 Filed 2–13–18; 8:45 am]
BILLING CODE 1301–00–P
DEPARTMENT OF EDUCATION
34 CFR Parts 668, 674, 682, and 685
[Docket ID ED–2017–OPE–0112]
RIN 1840–AD28
Student Assistance General
Provisions, Federal Perkins Loan
Program, Federal Family Education
Loan Program, William D. Ford Federal
Direct Loan Program, and Teacher
Education Assistance for College and
Higher Education Grant Program
The Secretary delays, until
July 1, 2019, the effective date of
selected provisions of the final
regulations entitled Student Assistance
General Provisions, Federal Perkins
Loan Program, Federal Family
Education Loan (FFEL) Program,
William D. Ford Federal Direct Loan
Program, and Teacher Education
Assistance for College and Higher
Education Grant Program (the 2016 final
regulations), published in the Federal
SUMMARY:
Certifications and Exemptions Under
the International Regulations for
Preventing Collisions at Sea, 1972
Fmt 4700
also
also
also
also
also
also
also
also
also
also
also
also
also
Office of Postsecondary
Education, Department of Education.
ACTION: Final regulations.
32 CFR Part 706
Frm 00008
See
See
See
See
See
See
See
See
See
See
See
See
See
AGENCY:
Department of the Navy
PO 00000
*
Country specific paragraph location
Afghanistan ..........................................................................................................................................
Central African Republic ......................................................................................................................
Cyprus ..................................................................................................................................................
Democratic Republic of Congo ............................................................................................................
Eritrea ..................................................................................................................................................
Haiti ......................................................................................................................................................
Iraq .......................................................................................................................................................
Lebanon ...............................................................................................................................................
Libya ....................................................................................................................................................
Somalia ................................................................................................................................................
South Sudan ........................................................................................................................................
Sudan ...................................................................................................................................................
Zimbabwe ............................................................................................................................................
*
*
E:\FR\FM\14FER1.SGM
14FER1
]]>Agencies
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Rules and Regulations]
[Pages 6457-6458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02995]
[[Page 6457]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice 10306]
RIN 1400-AE51
Amendment to the International Traffic in Arms Regulations:
Addition of South Sudan
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations (ITAR) to include reference to South Sudan in its
regulations on prohibited exports, imports, and sales to and from
certain countries, and to update defense trade policy toward South
Sudan by applying a policy of denial on the export of defense articles
and defense services to South Sudan, except as otherwise provided. This
amendment reflects a policy determination made by the Secretary of
State.
DATES: The rule is effective on February 14, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Foreign Affairs
Officer, Office of Defense Trade Controls Policy, U.S. Department of
State, telephone: (202) 663-2816, or email [email protected].
ATTN: Regulatory Change, ITAR Section 126.1 Update 2017.
SUPPLEMENTARY INFORMATION: In response to the escalating crisis in
South Sudan, the Secretary of State has determined that it is in the
best interests of U.S. foreign policy to restrict, with certain
exceptions, the export of defense articles and defense services to
South Sudan in order to reflect the U.S. government's opposition to the
trade of arms to South Sudan and its contribution to the conflict and
humanitarian crisis, to promote the cessation of hostilities, and to
reinforce international unity in addressing the South Sudan crisis by
aligning the United States with existing restrictions on certain
exports to South Sudan by the European Union. This action requires the
Department to amend ITAR Sec. 126.1(d)(2) to include South Sudan in
the list of countries to which a policy of denial applies, and to add a
new paragraph (w) to specify the exceptions to the policy of denial for
which licenses and other approvals to South Sudan may be approved on a
case-by-case basis. 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 South Sudan without first obtaining the approval of the
Directorate of Defense Trade Controls.
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 sections 553 (rulemaking) and 554
(adjudications) of the Administrative Procedure Act. Since this rule is
exempt from 5 U.S.C. 553, the provisions of Sec. 553(d) do not apply
to this rulemaking. Therefore, this rule is effective upon publication.
The Department also finds that, given the national security issues
surrounding U.S. policy towards the aforementioned countries, there is
good cause for the effective date of this rule to be the date of
publication, as provided by 5 U.S.C. 553(d)(3).
Regulatory Flexibility Act
Since this rule is exempt from the provisions of 5 U.S.C. 553,
there is no requirement for an 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.
Small Business Regulatory Enforcement Fairness Act of 1996
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, the Department has determined that 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 and 13563
Executive Orders 12866 and 13563 direct agencies to assess 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). These executive orders
stress 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
limiting 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. The Department also finds
that any costs of this rulemaking are outweighed by the foreign policy
benefits, as described in the preamble. This rule has not 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 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, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Executive Order 13771
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. As this rule is not a significant regulatory action, this
rule is exempt from the requirements of Executive Order 13771,
``Reducing Regulation and Controlling Regulatory Costs.'' See OMB
Memorandum M-17-21, ``Guidance Implementing Executive Order 13771'' of
April 5, 2017.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements
[[Page 6458]]
subject to the Paperwork Reduction Act, 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, 22 CFR 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: Secs. 2, 38, 40, 42, and 71, Pub. L. 90-629, 90 Stat.
744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); 22 U.S.C. 2651a;
22 U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 1994 Comp., p. 899;
Sec. 1225, Pub. L. 108-375; Sec. 7089, Pub. L. 111-117; Pub. L. 111-
266; Sections 7045 and 7046, Pub. L. 112-74; E.O. 13637, 78 FR
16129.
0
2. Section 126.1 is amended by revising the table in paragraph (d)(2),
and adding paragraph (w), and by removing the Note to 126.1.
The revision and addition read as follows:
Sec. 126.1 Prohibited exports, imports, and sales to or from certain
countries.
* * * * *
(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.
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.
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.
----------------------------------------------------------------------------------------------------------------
* * * * *
(w) South Sudan. It is the policy of the United States to deny
licenses or other approvals for exports of defense articles and defense
services destined for South Sudan, except that a license or other
approval may be issued, on a case-by-case basis, for:
(1) Defense articles and defense services for monitoring,
verification, or peacekeeping support operations, including those
authorized by the United Nations or operating with the consent of the
relevant parties;
(2) Defense articles and defense services intended solely for the
support of, or use by, African Union Regional Task Force (AU-RTF) or
United Nations entities operating in South Sudan, including but not
limited to the United Nations Mission in the Republic of South Sudan
(UNMISS), the United Nations Mine Action Service (UNMAS), the United
Nations Police (UNPOL), or the United Nations Interim Security Force
for Abyei (UNISFA);
(3) Defense articles and defense services intended solely for the
support of or use by non-governmental organizations in furtherance of
conventional weapons destruction or humanitarian demining activities;
(4) Non-lethal defense articles intended solely for humanitarian or
protective use and related technical training and assistance;
(5) Personal protective equipment including flak jackets and
helmets, temporarily exported to South Sudan by United Nations
personnel, human rights monitors, representatives of the media, and
humanitarian and development workers and associated personnel, for
their personal use only; or
(6) Any defense articles and defense services provided in support
of implementation of the Comprehensive Peace Agreement, the Agreement
on the Resolution of the Conflict in the Republic of South Sudan, or
any successor agreement.
Michael Miller,
Office Director, Office of Regional Security and Arms Transfers, Bureau
of Political-Military Affairs, U.S. Department of State.
[FR Doc. 2018-02995 Filed 2-13-18; 8:45 am]
BILLING CODE 4710-25-P
