State Department Final Rule Amends ITAR Regarding Iraq Denial Policy
The State Department has issued a final rule, effective April 9, 2004, that amends the International Traffic in Arms Regulations (ITAR) regarding, among other things, the denial policy for certain small arms exports to Iraq.
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ITAR Modified on Denial Policy for Certain Small Arms Exports to Iraq, Etc.
The State Department's final rule makes the following changes to the ITAR with respect to Iraq:
Exports of small arms for private security purposes. The final rule amends 22 CFR 126.1(f) to indicate that exports may be authorized of small arms designated by the Secretary of State (or designee) for use for private security purposes, if the President determines and notifies within 5 days prior to export the applicable Congressional committees that the export is in the national interest of the U.S.
(22 CFR 126.1(f) continues to state that exports may be authorized of lethal military equipment designated by the Secretary of State for use by a reconstituted (or interim) Iraqi military or police force if the President determines and notifies within 5 days prior to export the applicable Congressional committees that the export of such lethal military equipment is in the national interest of the U.S.
- CFR 126.1(f) also continues to state that the export to Iraq of any nonlethal military equipment is authorized if the President determines and notifies within 5 days prior to export the applicable Congressional committees that the export of such nonlethal military equipment is in the national interest of the U.S.)
Defense services. The final rule also amends 22 CFR 126.1(f) to remove the term "defense services." The preamble of the final rule states that defense services may be approved for Iraq in accordance with the Arms Export Control Act (AECA), subject to the Congressional notification requirements of section 36 of the AECA.
(See ITT's Online Archives or 11/25/03 and 12/05/03 news, 03112530 and 03120599 3, for BP summary of the November 2003 final rule and subsequent corrections made to it.)
-interested parties are invited to submit written comments on this final rule.
State Department Contact - Mary Sweeney (202) 663-2980
State Department Final Rule (Public Notice 4684, FR Pub 04/09/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-8108.pdf