[Federal Register: March 29, 2002 (Volume 67, Number 61)]
[Rules and Regulations]               
[Page 15101-15102]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



22 CFR Part 126

[Public Notice 3951]

International Traffic in Arms Regulations; Amendment to the List 
of Proscribed Destinations

AGENCY: Department of State.

ACTION: Final rule.


SUMMARY: This rule amends the International Traffic in Arms Regulations 
(ITAR) by removing Armenia and Azerbaijan from the list of proscribed 
destinations for the exports and imports of defense articles and 
defense services.

EFFECTIVE DATE: March 29, 2002.

FOR FURTHER INFORMATION CONTACT: Mary Sweeney, Office of Defense Trade 
Controls, Bureau of Political-Military Affairs, Department of State 
(202) 663-2700.

SUPPLEMENTARY INFORMATION: Armenia and Azerbaijan were added to the 
list of proscribed destinations at section 126.1(a) of the ITAR in the 
Federal Register publication of July 22, 1993 (58 FR 39312). The 
Department of State is amending the ITAR to reflect that it is no 
longer the policy of the United States to deny licenses, other 
approvals, exports and imports of defense articles and defense 
services, destined for or originating in Armenia or Azerbaijan. This 
action is being taken in the interests of foreign policy and national 
security pursuant to section 38 of the Arms Export Control Act. 
Requests for licenses or other approvals for Armenia or Azerbaijan 
involving items covered by the U.S. Munitions List (22 CFR part 121) 
will be reviewed on a case-by-case basis.
    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. It is exempt from review under Executive Order 
12866 but has been reviewed internally by the Department to ensure 
consistency with the purposes thereof. This rule does not require 
analysis under the Regulatory Flexibility Act or the Unfunded Mandates 
Reform Act. It has been found not to be a major rule within the meaning 
of the Small Business Regulatory Enforcement Act of 1966. It will not 
have substantial direct effects on the States, 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 section 6 of Executive Order 13132, it is determined 
that this rule does not have sufficient federalism implications to 
warrant application of Executive Orders 12372 and 13123. However, 
interested parties are invited to submit written comments to the 
Department of State, Office of Defense Trade Controls, ATTN: Regulatory 
Change, removal of Armenia and Azerbaijan, 12th Floor, H1200, 2401 E 
Street NW., Washington, DC 20522-0112. Such persons must be so 
registered with the Department's Office of Defense Trade Controls (DTC) 
pursuant to the registration requirements of section 38 of the Arms 
Export Control Act.

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 being amended as follows:


    1. The authority citation for part 126 continues to read as 

    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. 2778; 
E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C. 2658; 22 
U.S.C. 287c; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899.

    2. Section 126.1(a) is revised to read as follows:

Sec. 126.1  Prohibited exports and sales to certain countries.

    (a) General. It is the policy of the United States to deny 
licenses, other approvals, exports and imports of defense articles and 
defense services, destined for or originating in certain countries. 
This policy applies to Afghanistan, Belarus, Cuba, Iran, Iraq, Libya, 
North Korea, Syria, and Vietnam. This policy also applies to countries 
with respect to which the United States maintains an arms embargo (e.g. 
Burma, China, Haiti, Liberia, Rwanda, Somalia, Sudan and Democratic 
Republic of the

[[Page 15102]]

Congo (formerly Zaire)) or whenever an export would not otherwise be in 
furtherance of world peace and the security and foreign policy of the 
United States. Comprehensive arms embargoes are normally the subject of 
a State Department notice published in the Federal Register. The 
exemptions provided in the regulations in this subchapter, except 
Secs. 123.17 and 125.4(b)(13) of this subchapter, do not apply with 
respect to articles originating in or for export to any proscribed 
countries or areas.
* * * * *

    Dated: February 22, 2002.
John R. Bolton,
Under Secretary, Arms Control and International Security, Department of 
[FR Doc. 02-7346 Filed 3-28-02; 8:45 am]