International Traffic in Arms Regulations: Prohibited Exports, Imports, and Sales to or From Certain Countries-Cyprus
| Citation | 88 FR 63016 |
| Published date | 14 September 2023 |
| Record Number | 2023-19851 |
| Court | State Department |
| Section | Rules and Regulations |
Federal Register, Volume 88 Issue 177 (Thursday, September 14, 2023)
[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Rules and Regulations]
[Pages 63016-63017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19851]
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DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 12155]
RIN 1400-AF69
International Traffic in Arms Regulations: Prohibited Exports,
Imports, and Sales to or From Certain Countries--Cyprus
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations to reflect current defense trade policy toward
Cyprus.
DATES: This rule is effective on October 1, 2023.
FOR FURTHER INFORMATION CONTACT: Ms. Maria Tatarska, Foreign Affairs
Officer, Office of Defense Trade Controls Policy, U.S. Department of
State, telephone (771) 205-7671; email [email protected].
ATTN: Regulatory Change, ITAR Section 126.1 Cyprus Country Policy
Update.
SUPPLEMENTARY INFORMATION: Section 1250A(d) of the National Defense
Authorization Act for Fiscal Year 2020 (Pub. L. 116-92) (2020 NDAA) and
section 205(d) of the Eastern Mediterranean Security and Energy
Partnership Act of 2019 (Pub. L. 116-94, Div. J.) (EMSEPA) provide that
the policy of denial for exports, reexports, and transfers of defense
articles on the United States Munitions List to the Republic of Cyprus
shall remain in place unless the President determines and certifies to
the appropriate congressional committees, not less than annually, that:
(A) the Government of the Republic of Cyprus is continuing to cooperate
with the United States Government in efforts to implement reforms on
anti-money laundering regulations and financial regulatory oversight;
and (B) the Government of the Republic of Cyprus has made and is
continuing to take the steps necessary to deny Russian military vessels
access to ports for refueling and servicing.
On April 14, 2020, the President delegated to the Secretary of
State the functions and authorities vested by the 2020 NDAA and the
EMSEPA (85 FR 35797, June 12, 2020). On August 14, 2023, utilizing
these authorities, the Secretary of State certified to the appropriate
congressional committees that the Republic of Cyprus meets the
statutory requirements to remove the policy of denial for exports,
reexports, and transfers of defense articles to the Republic of Cyprus
for fiscal year 2024. The Secretary of State further approved the
suspension of the policy of denial for exports, reexports, and
transfers of defense articles and defense services to the Republic of
Cyprus for fiscal year 2024. In conjunction with this action, the
Secretary of State also suspended the policy of denial for retransfers
and temporary imports destined for or originating in the Republic of
Cyprus and brokering activities involving the Republic of Cyprus for
fiscal year 2024. Accordingly, the Department now amends section 126.1
of the International Traffic in Arms Regulations (ITAR) (22 CFR parts
120 through 130) to specify that the Republic of Cyprus' status as a
proscribed destination is suspended from October 1, 2023, through
September 30, 2024. This action continues the Department's current
policy, which suspended the status of the Republic of Cyprus as a
proscribed destination under Sec. 126.1 of the ITAR on October 11,
2022.
As a result of this change, certain exemptions to licensing
requirements continue to be available for exports, reexports,
retransfers, and temporary imports destined for or originating in the
Republic of Cyprus and brokering activities involving the Republic of
Cyprus, provided the conditions for use of those exemptions are met.
Applications for licenses and other authorizations submitted to the
Directorate of Defense Trade Controls involving the Republic of Cyprus
and nationals of the Republic of Cyprus are subject to case-by-case
review.
Regulatory Analysis and Notices
Administrative Procedure Act
This rulemaking is exempt from section 553 of the Administrative
Procedure Act (APA) pursuant to section 553(a)(1) as a military or
foreign affairs function of the United States. As the provisions of
section 553 do not apply to this rulemaking, the Department is
publishing this rule without a delay in its effective date or a request
for public comment.
Regulatory Flexibility Act
Since this rule is exempt from the notice-and-comment rulemaking
provisions of 5 U.S.C. 553, it does not require 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.
Congressional Review Act
It is the view of the Office of Information and Regulatory Affairs
that this rulemaking is not a major rule under the criteria of 5 U.S.C.
804. This rule will not increase costs or prices and should have no
adverse effects on competition, employment, investment, productivity,
innovation, or the ability of U.S.-based enterprises to compete with
foreign-based enterprises in domestic and export markets. The
Department does not expect this rule to have an annual effect on the
economy of $100 million or more.
[[Page 63017]]
Executive Orders 12372 and 13132
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, 14094, and 13563
Executive Orders 12866 (as amended by Executive Order 14094) and
13563 direct agencies to assess all 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). Executive Order 13563 emphasizes 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 expanding 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. This rule has been designated as a significant
regulatory action by the Office of Information and Regulatory Affairs
under Executive Order 12866, as amended.
Executive Order 12988
The Department of State has 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 has 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.
Paperwork Reduction Act
This rulemaking does not impose or revise any information
collections subject to 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. 287c, 2651a, 2752, 2753, 2776, 2778, 2779,
2779a, 2780, 2791, 2797; Sec. 1225, Pub. L. 108-375, 118 Stat. 2091;
Sec. 7045, Pub. L. 112-74, 125 Stat. 1232; Sec. 1250A, Pub. L 116-
92, 133 Stat. 1665; Sec. 205, Pub. L. 116-94, 133 Stat. 3052; E.O.
13637, 78 FR 16129, 3 CFR, 2013 Comp., p. 223.
0
2. Amend Sec. 126.1 by revising paragraph (r) to read as follows:
Sec. 126.1 Prohibited exports, imports, and sales to or from certain
countries.
* * * * *
(r) Cyprus. It is the policy of the United States to deny licenses
or other approvals for exports or imports of defense articles and
defense services destined for or originating in Cyprus, except that:
(1) A license or other approval may be issued, on a case-by-case
basis, for the United Nations Forces in Cyprus (UNFICYP) or for
civilian end-users; and
(2) From October 1, 2023, through September 30, 2024, the policy of
denial and the status of Cyprus as a proscribed destination is
suspended.
* * * * *
Bonnie Jenkins,
Under Secretary, Arms Control and International Security, Department of
State.
[FR Doc. 2023-19851 Filed 9-13-23; 8:45 am]
BILLING CODE 4710-25-P
