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4 April 2007


[Federal Register: April 3, 2007 (Volume 72, Number 63)]

[Rules and Regulations]               

[Page 15830-15831]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr03ap07-13]                         



=======================================================================

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DEPARTMENT OF STATE



22 CFR Part 126



[Public Notice: 5740]



 

Amendment of the International Traffic in Arms Regulations: 

Policy With Respect to Vietnam



AGENCY: Department of State.



ACTION: Final rule.



-----------------------------------------------------------------------



SUMMARY: Notice is hereby given that the Department of State is 

amending the International Traffic in Arms Regulations (ITAR) regarding 

Vietnam at 22 CFR 126.1 to make it United States policy to consider on 

a case-by-case basis licenses, other approvals, exports or imports of 

non-lethal defense articles and defense services destined for or 

originating in Vietnam. The United States will deny licenses, other 

approvals, exports or imports of lethal defense articles and services 

destined for or originating in Vietnam. Under this policy, the exports 

of lethal-end items, components of lethal-end items (unless those 

components are non-lethal, safety-of-use spare parts for lethal-end 

items), non-lethal crowd control defense articles and defense services, 

and night vision devices to end-users with a role in ground security 

will not be approved.



DATES: Effective Date: This rule is effective April 3, 2007.



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, 12th Floor, SA-1, Washington, DC 20522-0112.

     Fax: 202-261-8199.

     Hand Delivery or Courier (regular work hours only): 

Department of State, Directorate of Defense Trade Controls, Office of 

Defense Trade Controls Policy, ATTENTION: Regulatory Change, SA-1, 12th 

Floor, 2401 E Street, NW., Washington, DC 20037.

    Persons with access to the Internet may also view this notice by 

going to the regulations.gov Web site at: http://www.regulations.gov/index.cfm

.





FOR FURTHER INFORMATION CONTACT: Ann K. Ganzer, Office of Defense Trade 

Controls Policy, Department of State, 12th Floor, SA-1, Washington DC 

20522-0112; Telephone 202-663-2792 or FAX 202-261-8199; e-mail: 

DDTCResponseTeam@state.gov. ATTN: Regulatory Change.





SUPPLEMENTARY INFORMATION: On November 2, 2006, the Secretary of State 

modified the U.S. arms transfer policy toward Vietnam allowing the 

sale, lease, export, or other transfer of non-lethal defense articles 

and defense services to the country. Subsequently, the President issued 

a determination December 29, 2006 that the furnishing of defense 

articles and services to Vietnam would strengthen the security of the 

United States and promote world peace.

    The new policy will not permit the export or other transfer to 

Vietnam of: (a) Lethal end items, (b) components of lethal end items, 

unless those components are non-lethal, safety-of-use spare parts for 

lethal end items, (c) non-lethal crowd control defense articles and 

defense services, and (d) night vision devices to end-users with a role 

in ground security.



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



    This rule does not require analysis under the Regulatory 

Flexibility Act.



Unfunded Mandates Act of 1995



    This rule does not require analysis under the Unfunded Mandates 

Reform Act.



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. 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.



Executive Orders 12372 and 13132



    It is determined that this rule does not have sufficient federalism 

implications to warrant application of the consultation provisions of 

Executive Orders 12372 and 13132.



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



[[Page 15831]]



subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.



List of Subjects in 22 CFR Part 126



    Arms and munitions, Exports.





0

Accordingly, for the reasons set forth above, Title 22, Chapter I, 

Subchapter M, part 126 is amended as follows:



PART 126--GENERAL POLICIES AND PRACTICES



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); E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp., p. 79; 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.



0

2. Section 126.1 is amended by revising paragraph (a) and adding 

paragraph (l) 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 

and other approvals for exports and imports of defense articles and 

defense services, destined for or originating in certain countries. 

This policy applies to Belarus, Cuba, Iran, North Korea, Syria, and 

Venezuela. This policy also applies to countries with respect to which 

the United States maintains an arms embargo (e.g., Burma, China, 

Liberia, Somalia, and Sudan) or whenever an export would not otherwise 

be in furtherance of world peace and the security and foreign policy of 

the United States. Information regarding certain other embargoes 

appears elsewhere in this section. 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 Sec.  123.17 of this subchapter, do not apply with 

respect to articles originating in or for export to any proscribed 

countries, areas, or persons in this Sec.  126.1.

* * * * *

    (l) Vietnam. It is the policy of the United Sates to deny licenses, 

other approvals, exports or imports of defense articles and defense 

services destined for or originating in Vietnam except, on a case-by-

case basis, for:

    (1) Non-lethal defense articles and defense services, and

    (2) Non-lethal, safety-of-use defense articles (e.g., cartridge 

actuated devices, propellant actuated devices and technical manuals for 

military aircraft for purposes of enhancing the safety of the aircraft 

crew) for lethal end-items.

    For non-lethal defense end-items, no distinction will be made 

between Vietnam's existing and new inventory.



    Dated: March 13, 2007.

Stephen D. Mull,

Acting Assistant Secretary for Political-Military Affairs, Department 

of State.

[FR Doc. E7-6149 Filed 4-2-07; 8:45 am]



BILLING CODE 4710-25-P