North Atlantic Treaty Organization (NATO): Amendment to the International Traffic in Arms Regulations
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
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.
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
BILLING CODE 4710-25-P
