On September 29, 2016, the Department of State published in the Federal Register an interim final rule [Public Notice: 9602] amending the International Traffic in Arms Regulations (ITAR) to designate Tunisia as a major non-NATO ally (MNNA); reorganize the content in several paragraphs to clarify the intent of the ITAR; update defense trade policy regarding Eritrea, Somalia, the Democratic Republic of the Congo, Liberia, and Côte d’Ivoire to reflect resolutions adopted by the United Nations Security Council (UNSC); update defense trade policy regarding Sri Lanka to reflect the Consolidated Appropriations Act, 2016; and update defense trade policy regarding Vietnam to reflect a determination made by the Secretary of State.
- United Nations Security Council Resolution (UNSCR) 2244 (October 23, 2015) reaffirmed the arms embargoes on Eritrea and Somalia. Exemptions from the arms embargo on Somalia are set forth in paragraphs 6 through 11 of UNSCR 2111 and paragraphs 2 through 9 of UNSCR 2142. Subparagraphs (1) and (2) of § 126.1 (m) of the ITAR have been revised to reflect this change, and subparagraphs (3) through (6) are added to reflect new exceptions for Somalia as enumerated in UNSCR 2111. The revised control text follows the language as published in the aforementioned UNSCRs.
- UNSCR 2111 sets forth exemptions from the arms embargo on Eritrea in paragraphs 12 and 13; consequently, Eritrea will be moved to § 126.1(h). The revised control text follows the language as published in the aforementioned UNSCRs. § 126.1(h) is modified accordingly.
- Paragraph 3 of UNSCR 2293 (June 23, 2016) expanded the exemptions from the arms embargo on the Democratic Republic of the Congo. The revised control text follows the language as published in the aforementioned UNSCR. ITAR § 126.1(i) is modified accordingly.
- UNSCR 2288 (May 25, 2016) terminated the sanctions regime against Liberia, including restrictions on exports to Liberia of arms and related materiel. Liberia is removed from ITAR § 126.1(o) and that paragraph is reserved.
- UNSCR 2283 (April 28, 2016) terminated the sanctions regime against Côte d’Ivoire, including restrictions on exports to Côte d’Ivoire of arms and related materiel. Côte d’Ivoire is removed from ITAR § 126.1(q) and that paragraph is reserved.
- Licensing restrictions relating to Sri Lanka articulated in section 7044(e) of the Consolidated Appropriations Act, 2015, P.L. 113-235, and in previous appropriations acts, were not carried forward in section 7044(e) of the Consolidated Appropriations Act, 2016, P.L. 114-113. Therefore, Sri Lanka is removed from ITAR §126.1 (n) and that paragraph is reserved.
- The Secretary of State lifted the ban on lethal weapons sales to Vietnam in May 2016. Vietnam is removed from § 126.1(l) and the associated note and that paragraph is reserved.
The interim final rule was effective on publication but the Department of State will accept comments on it until October 31, 2016.
