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As symbolic gesture - DDTC Imposes Arms Embargo on Eritrea

Written by Administrator

Tuesday, 07 October 2008

The Directorate of Defense Trade Controls (”DDTC”) imposed an arms embargo today on Eritrea. The embargo is the direct result of a State Department determination, made on May 14 under section 40A of the Arms Export Control Act, 22 U.S.C. 2781,that Eritrea was not cooperating fully with United States antiterrorism efforts.

The statute makes an arms embargo mandatory after such a finding. According to the Federal Register notice announcing the arms embargo, the embargo becomes effective on October 1, 2008.

We’ve been anticipating this action for quite some time, going back to August 17 of last year when we posted that the State Department was threatening to put Eritrea on the list of state sponsors of terrorism. The basis asserted at that time was a U.N. report that found that “huge quantities of arms” have been provided, “by and through Eritrea,” to Al-Qaeda linked groups in Somalia These arms included “an unknown number of surface-to-air missiles, suicide belts, and explosives with timers and detonators.” The State Department never carried through with that threat, which would have had broader ramifications, and instead proceeded with a section 40A determination.

The embargo announced today is largely symbolic. In 2007, there were, not surprisingly, no foreign military sales to Eritrea. Nor were there any direct commercial sales of arms from the United States to Eritrea according to the State Department’s Section 655 report for the same period.

Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations

DEPARTMENT OF STATE
22 CFR Part 126

[Public Notice: 6384]

Amendment to the International Arms Traffic in Arms Regulations: Eritrea

AGENCY: Department of State.
ACTION: Final Rule.

SUMMARY: The Department of State is adding Eritrea to its regulations on prohibited exports and sales to certain countries as a result of its designation as a country not cooperating fully with antiterrorism efforts.

DATES: This rule is effective October 3, 2008.

FOR FURTHER INFORMATION CONTACT: Nicholas Memos, Office of Defense Trade Controls Policy, Department of State, Telephone (202) 663–2804 or Fax (202) 261–8199; E-mail This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

SUPPLEMENTARY INFORMATION: On May 14, the Deputy Secretary of State determined that six countries, Cuba, Eritrea, Iran, North Korea, Syria and Venezuela, are not cooperating fully with anti-terrorism efforts (73 FR 29172). As a result of this determination, Section 40A of the Arms Export Control Act, as amended (22 U.S.C. 2781), prohibits the sale or licensing for export of defense articles and defense services to those countries effective October 1. This rule adds Eritrea to the list of countries identified in 22 CFR 126.1(a).

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 contained in 5 U.S.C. 553 and 554.

Regulatory Flexibility Act

Since this amendment is not subject to the procedures in 5 U.S.C. 553, it does not require analysis under the Regulatory Flexibility Act.

Unfunded Mandates Act of 1995

This amendment 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.

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.

Executive Orders 12372 and 13132

This amendment will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this amendment 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 amendment.

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 subject to the Paperwork Reduction Act, 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

■ 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.

■ 2. Section 126.1 is amended by revising paragraph (a) as follows:

§ 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, Eritrea, 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, 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 § 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 § 126.1.

* * * * *

Dated: September 25, 2008.
John C. Rood,
Acting Under Secretary for Arms Control and
International Security, Department of State.
[FR Doc. E8–23575 Filed 10–3–08; 8:45 am]
BILLING CODE 4710–25–P

Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Notices

DEPARTMENT OF STATE [Public Notice 6232]

Determination and Certification Under Section 40A of the Arms Export Control Act

Pursuant to Section 40A of the Arms Export Control Act (22 U.S.C. 2781), and Executive Order 11958, as amended, I hereby determine and certify to the Congress that the following countries are not cooperating fully with United States antiterrorism efforts: Cuba; Eritrea; Iran; North Korea; Syria; Venezuela.

I hereby notify that the decision to retain the certification of North Korea pursuant to Section 40A of the Arms Export Control Act comes during an ongoing review of the designation of North Korea as a state sponsor of terrorism. The outcome of this review may warrant a re-assessment of whether North Korea should be included among the Countries certified as not cooperating fully with United States antiterrorism efforts.

This determination and certification shall be transmitted to the Congress and published in the Federal Register.

Dated: May 14, 2008.
John D. Negroponte,
Deputy Secretary of State, Department of State.

[FR Doc. E8–11255 Filed 5–19–08; 8:45 am]

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