Department of State.
Final rule.
Notice is hereby given that the Department of State is amending the International Traffic in Arms Regulations (ITAR) regarding Somalia at 22 CFR 126.1 to make it United States policy to consider on a case-by-case basis licenses, or other approvals, for exports of defense articles and defense services destined for Somalia that conform to the provisions of United Nations Security Council resolution 1744, which amends United Nations Security Council resolution 733. The United States will deny licenses, other approvals, exports or imports of defense articles and defense services destined for or originating in Somalia that do not conform to the provisions of the resolution.
This rule is effective upon publication of this
Interested parties may submit comments at any time by any of the following methods:
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Persons with access to the Internet may also view this notice by going to the regulations.gov Web site at:
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:
On February 20, 2007, the United Nations Security Council (UNSC) adopted resolution 1744 which,
To implement this new policy the ITAR is amended in the following manner: the specific reference to Somalia in 126.1(a) is removed, and all relevant information pertaining to Somalia is set forth in a new paragraph (m) in Section 126.1.
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.
This rule does not require analysis under the Regulatory Flexibility Act.
This rule does not require analysis under the Unfunded Mandates Reform Act.
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.
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.
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.
This rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
Arms and munitions, Exports.
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.
(a)
(m)
(1) Support for the African Union Mission to Somalia (AMISOM), and
(2) Support for the purpose of helping develop security sector institutions in Somalia that further the objectives of peace, stability and reconciliation in Somalia, after advance notification of the proposed export by the United States Government to the UN Somalia Sanctions Committee and the absence of a negative decision by that committee.
Exemptions from the licensing requirement may not be used with respect to any export to Somalia unless specifically authorized in writing by the Directorate of Defense Trade Controls.