State Department Amends ITAR Denial Policy Regarding Democratic Republic of the Congo
The State Department has issued a final rule, effective February 17, 2004, which amends the International Traffic in Arms Regulations (ITAR) by modifying the U.S.' denial policy regarding the Democratic Republic of the Congo (DRC) so that it is consistent with United Nations (UN) Security Council Resolution 1493 of July 2003.
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Final Rule Amends ITAR Prohibited Export and Sales Provision
The State Department's final rule adds a new paragraph 22 CFR 126.1(i) to state that it is the policy of the U.S. to deny licenses, other approvals, exports or imports of defense articles and defense services destined for or originating in the DRC, except for:
non-lethal equipment and training (lethal and non-lethal) to the UN Organization Mission in the DRC (MONUC), and the transitional National Unity Government of the DRC, and the integrated Congolese national army and police forces; and
humanitarian or protective use, and related assistance as notified in advance to the UN.
In addition, new 22 CFR 126.1(i) imposes an arms embargo with respect to all foreign and Congolese armed groups and militias operating in the territory of North and South Kivu and Ituri and to groups not party to the Global and All-Inclusive Agreement, in the DRC.
(The State Department's final rule also makes a conforming change to 22 CFR 126.1(a) (Prohibited exports and sales to certain countries -General) by removing the DRC from the list countries to which the U.S. maintains an arms embargo. The U.S. denial policy for the DRC is now dealt with separately in new 22 CFR 126.1(i). In addition, certain editorial changes are made to this paragraph.)
State Department Contact - Mary Sweeney (202) 663-2700
State Department Final Rule (Public Notice 4625, FR Pub 02/17/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-3383.pdf