[Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
[Rules and Regulations]
[Pages 47866-47867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22942]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 47
[T.D. ATF-367]
RIN 1512-AB37
Importation of Arms, Ammunition and Implements of War (93F-301P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Final rule, Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the list of countries from which the
import of defense articles into the United States is proscribed to add
Iran, Iraq, Libya, Mongolia, Sudan, and Syria and to remove Albania,
Bulgaria, Kampuchea, Outer Mongolia, and Romania. The final rule also
removes the proscription on import of defense articles, and technical
data relating to defense articles, from South Africa and provides
examples of countries with respect to which the United States maintains
an arms embargo.
EFFECTIVE DATE: September 15, 1995.
FOR FURTHER INFORMATION CONTACT: Larry White, Coordinator, Firearms and
Explosives Imports Branch, Bureau of Alcohol, Tobacco and Firearms, 650
Massachusetts Avenue NW., Washington, DC 20226, (202) 927-8230.
SUPPLEMENTARY INFORMATION: The Arms Export Control Act of 1976, 22
U.S.C. 2278, gives the President of the United States the authority to
control the import and export of defense articles and defense services.
Executive Order 11958 of January 18, 1977, as amended (42 FR 4311),
delegated authority to control exports of defense articles and defense
services to the Secretary of State. The Executive Order also delegated
to the Secretary of the Treasury the authority to control the import of
such articles and services. However, as stated in 27 CFR 47.55, ATF is
guided by the views of the Departments of State and Defense on matters
affecting world peace and the external security and foreign policy of
the United States. After consulting these Departments, the Bureau of
Alcohol, Tobacco and Firearms (ATF) is revising the provisions of 27
CFR part 47 to conform to the recommendation of the Department of
State.
On August 23, 1994, the Department of State recommended that ATF
formally add Iran, Iraq, Libya, Mongolia, Sudan and Syria to the list
in 27 CFR 47.52(a) of countries from which the import of defense
articles into the United States is proscribed. The Department of State
also recommended that ATF remove Albania, Bulgaria, Kampuchea, Outer
Mongolia, and Romania from the list of proscribed countries in
Sec. 47.52(a).
In addition, the Department of State advised ATF of the publication
of a final rule on August 17, 1994 (59 FR 42158) amending the
International Traffic in Arms Regulations to state 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 South Africa. This final rule amends the
regulations in part 47 to reflect this change.
Finally, pursuant to the Department of State's request, ATF is
amending the regulations to provide examples of countries with which
the United States maintains an arms embargo.
Executive Order 12866
Because the amendments to 27 CFR part 47 involve a foreign affairs
function of the United States, Executive Order 12866 does not apply.
Administrative Procedure Act
Under 27 CFR 47.54, amendments made to 27 CFR part 47 are excluded
from the rulemaking provisions of 5 U.S.C. 553 because this Part
involves a foreign affairs function of the United States. Accordingly,
it is not necessary to issue this Treasury Decision with notice and
public procedure thereon under 5 U.S.C. 553(b) or subject to the
effective date limitations in 5 U.S.C. 553(d).
Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act relating to an
initial and final regulatory flexibility analysis are not applicable to
this final rule because the agency was not required to publish a
general notice of proposed rulemaking under 5 U.S.C. 553 or any other
law.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1980, Public Law
96-511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR
part 1320, do not apply to this final rule because there are no
reporting or recordkeeping requirements.
Drafting Information
The principal author of this document is Angela Shanks, Technical
Aide, Regulations Branch, Bureau of Alcohol, Tobacco and Firearms.
List of Subjects in 27 CFR Part 47
Administrative practice and procedure, Arms control, Arms and
munitions, Authority delegation, Chemicals, Customs duties and
inspection, Imports, Penalties, Reporting and recordkeeping
requirements, Scientific equipment, Seizures and forfeitures.
Authority and Issuance
Title 27, Code of Federal Regulations, part 47, Importation of
Arms, Ammunition and Implements of War, is amended as follows:
Paragraph 1. The authority citation for part 47 continues to read
as follows:
Authority: 22 U.S.C. 2778.
Par. 2. Section 47.52 is amended by revising paragraph (a), by
removing paragraph (c), by redesignating paragraphs (d) and (e) as
paragraphs (c) and (d), and by revising the first sentence in the
redesignated paragraph (d) to read as follows:
Sec. 47.52 Import restrictions applicable to certain countries.
(a) It is the policy of the United States to deny licenses and
other approvals with respect to defense articles and defense services
originating in certain countries or areas. This policy applies to Cuba,
Iran, Iraq, Libya, Mongolia, North Korea, Sudan, Syria, Vietnam and the
States that comprise the former Soviet Union (Armenia, Azerbaijan,
Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan). This policy applies to
countries or areas with respect to which the United States maintains an
arms embargo (e.g., Burma, China, Haiti, Liberia, Rwanda, Somalia,
Sudan, UNITA (Angola), the former Yugoslavia, Zaire). It also applies
when an import would not be in furtherance of world
[[Page 47867]]
peace and the security and foreign policy of the United States.
* * * * *
(d) Applicants desiring to import articles claimed to meet the
criteria specified in paragraph (c) of this section shall explain, and
certify to, how the firearms meet the criteria. * * *
Signed: August 4, 1995.
Daniel R. Black,
Acting Director.
Approved: August 14, 1995.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 95-22942 Filed 9-14-95; 8:45 am]
BILLING CODE 4810-31-U
