International Traffic in Arms Regulations: Amendment of Central African Republic, 44188-44190 [2020-13511]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44188-44190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13511]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice 10969]
RIN 1400-AE97


International Traffic in Arms Regulations: Amendment of Central 
African Republic

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 reflect recently adopted United Nations 
Security Council Resolutions (UNSCRs) concerning the Central African 
Republic.

DATES: The rule is effective on July 22, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Foreign Affairs 
Officer, Office of Defense Trade Controls Policy, U.S. Department of 
State, telephone (202) 663-1809, or email [email protected]. 
ATTN: Regulatory Change, ITAR Section 126.1 Central African Republic 
Update 2020.

SUPPLEMENTARY INFORMATION: On September 12, 2019, the United Nations 
Security Council (UNSC) adopted resolution 2488, which adjusted the 
arms embargo on the Central African Republic (CAR) to allow additional 
exceptions to the embargo and committed to further review of the 
sanctions regime within four months. On January 31, 2020, four months 
later, the UNSC adopted resolution 2507 renewing that arms embargo 
until July 31, 2020 and providing additional exceptions to those 
adopted by resolution 2488. The UNSC initially imposed an arms embargo 
on the country with certain enumerated exceptions in 2013. The CAR 
government has made progress since,

[[Page 44189]]

including the signing of a peace agreement between the CAR government 
and fourteen armed groups on February 6, 2019. These resolutions are 
intended to support the CAR government as it works to implement the 
peace agreement and extend state control over the entire territory of 
the country. The Department of State is amending ITAR Sec.  126.1(u) to 
implement the changes to the embargo. 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 the Central African Republic without first obtaining 
the approval of the Directorate of Defense Trade Controls. Lastly, this 
rule revises the authority citation to Part 126 by removing reference 
to E.O. 12918, 59 FR 28205. Rwanda, was removed from ITAR Sec.  126.1 
in 2008, and this non-substantive edit reflects the current defense 
trade posture toward Rwanda.

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 country, 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 the Department believes costs 
associated with this rule will be minimal. The Department also finds 
that any costs of this rulemaking do not outweigh the foreign policy 
benefits, as described in the preamble. This rule has been designated 
non-significant by the Office and Information and Regulatory Affairs 
under Executive Order 12866 Sec. 3(d)(2).

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

    This rule is not subject to the requirements of Executive Order 
13771 because it is issued with respect to a foreign affairs function 
of the United States.

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 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 is revised to read as follows:

    Authority:  22 U.S.C. 2752, 2778, 2780, 2791, and 2797; 22 
U.S.C. 2651a; 22 U.S.C. 287c; 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. Amend Sec.  126.1 by revising paragraph (u) to read as follows:


Sec.  126.1   Prohibited exports, imports, and sales to or from certain 
countries.

* * * * *
    (u) Central African Republic. It is the policy of the United States 
to deny licenses or other approvals for exports and imports of defense 
articles and defense services destined for or originating in the 
Central African Republic, except that a license or other approval may 
be issued, on a case-by-case basis, for:
    (1) Defense articles intended solely for the support of or use by 
the UN Multidimensional Integrated Stabilization Mission in the Central 
African Republic (MINUSCA) and the European Union training missions 
deployed to the Central African Republic; French forces within the 
provisions of their bilateral agreement with the Central African 
Republic and the limits of their capacities and areas of deployment, 
and other Member States' forces providing training and assistance as 
notified in advance to the Committee of the Security Council concerning 
the Central African Republic;
    (2) Non-lethal equipment and the provision of assistance, including 
operational and non-operational training to the Central African 
Republic

[[Page 44190]]

security forces, including state civilian law enforcement institutions, 
intended solely for the support of or use in the Central African 
Republic process of security sector reform, in coordination with 
MINUSCA, and as notified in advance to the Committee of the Security 
Council concerning the Central African Republic;
    (3) Supplies brought into the Central African Republic by Chadian 
or Sudanese forces solely for their use in international patrols of the 
tripartite force to enhance security in the common border areas, in 
cooperation with MINUSCA, as approved in advance by the Committee of 
the Security Council concerning the Central African Republic;
    (4) Non-lethal military equipment and related technical assistance 
or training intended solely for humanitarian and protective use, as 
notified in advance to the Committee of the Security Council concerning 
the Central African Republic;
    (5) Personal protective equipment temporarily exported to the 
Central African Republic by United Nations personnel, representatives 
of the media, and humanitarian and developmental workers and associated 
personnel, for their personal use only;
    (6) Small arms and related equipment intended solely for use in 
international-led patrols providing security in the Sangha River Tri-
national Protected Area and by armed wildlife rangers of the Chinko 
Project and the Bamingui-Bangoran National Park to defend against 
poaching, smuggling of ivory and arms, and other activities contrary to 
the laws of the Central African Republic or its international legal 
obligations, as notified in advance to the Committee of the Security 
Council concerning the Central African Republic;
    (7) Defense articles with a caliber of 14.5mm or less, and 
ammunition and components specially designed for such weapons, and 
defense articles that are unarmed ground military vehicles and ground 
military vehicles mounted with weapons with a caliber of 14.5mm or 
less, to the Central African Republic security forces, including state 
civilian law enforcement institutions, and intended solely for the 
support of or use in the Central African Republic security sector 
reform process, as notified in advance to the Committee of the Security 
Council concerning the Central African Republic;
    (8) Defense articles and any related lethal equipment that are not 
listed in (u)(7) to the Central African Republic security forces, 
including state civilian law enforcement institutions, and intended 
solely for the support of or use in the Central African Republic 
process of security sector reform, as approved in advance by the 
Committee of the Security Council concerning the Central African 
Republic; or
    (9) Other sales or supply of defense articles and related materiel, 
or provision of assistance or personnel, as approved in advance by the 
Committee of the Security Council concerning the Central African 
Republic.
* * * * *

Zachary A. Parker,
Director, Office of Directives Management, U.S. Department of State.
[FR Doc. 2020-13511 Filed 7-21-20; 8:45 am]
BILLING CODE 4710-25-P