[Federal Register Volume 73, Number 55 (Thursday, March 20, 2008)]
[Notices]
[Pages 15041-15042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5684]


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DEPARTMENT OF STATE

[Public Notice 6140]


Title: STATE-42 Munitions Control Records

SUMMARY: Notice is hereby given that the Department of State proposes 
to alter an existing system of records, STATE-42, pursuant to the 
provisions of the Privacy Act of 1974, as amended (5 U.S.C.(r)), and 
Office of Management and Budget Circular No. A-130, Appendix I. The 
Department's report was filed with the Office of Management and Budget 
on 1 February 2008.
    It is proposed that the current system will retain the name 
``Munitions Control Records.'' It is also proposed that due to the 
expanded scope of the current system, the altered system description 
will include revisions and/or additions to the following sections: 
System Location; Categories of Individuals covered by the System; 
Authority for Maintenance of the System; and Routine Uses of Records 
Maintained in the System, Including Categories of Users and Purposes of 
such Uses. Changes to the existing system description are proposed in 
order to reflect more accurately the Directorate of Defense Trade 
Controls, Bureau of Political-Military Affairs' recordkeeping system, 
the Authority establishing its existence and responsibilities, and the 
uses and users of the system.
    Any persons interested in commenting on the altered system of 
records may do so by submitting comments in writing to Margaret P. 
Grafeld, Director; Office of Information Programs and Services; A/ISS/
IPS; Department of State, SA-2; Washington, DC 20522-8001. This system 
of records will be effective 40 days from the date of publication, 
unless we receive comments that will result in a contrary 
determination.
    The altered system description, ``Munitions Control Records, State-
42,'' will read as set forth below.

    Dated: January 31, 2008.
Raj Chellaraj,
Assistant Secretary for the Bureau of Administration, Department of 
State.
STATE-42

SYSTEM NAME:
    Munitions Control Records.

SECURITY CLASSIFICATION:
    Unclassified and classified.

SYSTEM LOCATION:
    Department of State, Annex 1; Room 1200; 2401 E Street, NW.; 
Washington, DC 20522.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Exporters of defense articles and defense services with or without 
Department of State authorization; applicants for export licenses; 
registered exporters; brokers for sales of defense articles or defense 
services who completed registration statements or submitted requests 
for approval of a brokering activity; and debarred parties.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    22 U.S.C. 2651A (Organization of Department of State); 5 U.S.C. 301 
(Departmental Regulations); 22 U.S.C. 2778 (Arms Export Control Act).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Correspondence, registration statements when a principal executive 
officer or owner is the same as the applicant, and checks for 
registration fees sent to the Department of State (Department) when an 
individual or business registers as a manufacturer, exporter and/or 
broker of defense articles or defense services; copies of letters to 
individuals and businesses from the Department pertaining to their 
registration, including notices of suspension and debarment; Proposed 
Charging Letters and Orders and Consent Agreements pertaining to the

[[Page 15042]]

Department's administrative cases; Federal Register Notices of 
statutory debarment; correspondence, memoranda, federal court 
documents, telegrams, other government agency reports, and e-mail 
messages between the Department and other federal agencies regarding 
law enforcement and intelligence information about defense trade 
activities pertaining to the subject of the record.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The information in this system is used primarily by the Directorate 
of Defense Trade Controls when making determinations regarding:
    (a) Individuals and businesses that have been authorized to export 
or retransfer a defense article, defense service or related technical 
data;
    (b) Which commodities, quantities, and dollar values were 
authorized for export and the extent of any export violations;
    (c) Administrative charges imposed on an individual or business for 
violating the export regulations;
    (d) The periodic publication of names, dates of conviction, and 
months and years of birth of those on the Debarred Parties List in the 
Federal Register pursuant to the authorities granted in 22 U.S.C. 
2778(g)(1) as implemented in 22 CFR 127.7(c). Statutory Debarment is 
based solely upon the outcome of a criminal proceeding, conducted by a 
court of the United States that established guilt beyond a reasonable 
doubt in accordance with due process. Federal court documents serve as 
the source of information for names, dates of conviction, months and 
years of birth of debarred parties.
    (e) The removal of export privileges.
    The principal users of this information outside the Department of 
State are the Department of Homeland Security and the Department of 
Justice for their investigations of violations of the Arms Export 
Control Act. This information may also be released to other federal 
intelligence and law enforcement agencies pursuant to statutory 
intelligence and law enforcement responsibilities. The information in 
this system may also be used to send required reports to Congress about 
certain defense trade transactions. See also the Department of State 
Prefatory Statement of Routine Uses published in the Federal Register.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Electronic media, hard copy.

RETRIEVABILITY:
    Individual name, company name, DDTC Registration Code, DDTC Case 
Number.

SAFEGUARDS:
    All employees of the Department of State have undergone a thorough 
personnel security background investigation. Access to the Department 
of State building and the annexes is controlled by security guards, and 
admission is limited to those individuals possessing a valid 
identification card or individuals under proper escort. All records 
containing personal information are maintained in secured filing 
cabinets or in restricted areas, access to which is limited to 
authorized personnel. Access to electronic files is password-protected 
and under the direct supervision of the system manager. The system 
manager has the capability of printing audit trails of access from the 
computer media, thereby permitting regular and ad hoc monitoring of 
computer usage.

RETENTION AND DISPOSAL:
    These records will be maintained until they become inactive, at 
which time they will be destroyed or retired in accordance with 
published record disposition schedules of the Department of State and 
as approved by the National Archives and Records Administration. More 
specific information may be obtained by writing to the Director, Office 
of Information Programs and Services, A/ISS/IPS, SA-2, Department of 
State, Washington, DC 20522-8001.

SYSTEM MANAGER AND ADDRESS:
    Managing Director, Directorate of Defense Trade Controls, Bureau of 
Political-Military Affairs, SA-1, 12th Floor, 2401 E Street NW., 
Washington DC 20522. http://www.pmddtc.state.gov/.

NOTIFICATION PROCEDURE:
    Individuals who have reason to believe that the Directorate of 
Defense Trade Controls might have records pertaining to them should 
write to the Director, Office of Information Programs and Services, A/
ISS/IPS, SA-2, Department of State, Washington, DC 20522-8001. The 
individual must specify that he or she wishes the records of the 
Directorate of Defense Trade Controls to be checked. At a minimum, the 
individual should include: name; date and place of birth; current 
mailing address and zip code; signature; a brief description of the 
circumstances that caused the creation of the record (including the 
city and/or country and the approximate dates) which gives the 
individual cause to believe that the Directorate of Defense Trade 
Controls has records pertaining to him or her.

RECORD ACCESS AND AMENDMENT PROCEDURES:
    Individuals who wish to gain access to or to amend records 
pertaining to themselves should write to the Director, Office of 
Information Programs and Services (address above).

RECORD SOURCE CATEGORIES:
    These records contain information that is primarily obtained from 
the individual, from the organization the individual represents, 
federal court documents and intelligence and law enforcement agencies.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    Portions of certain records contained within this system of records 
are exempted from 5 U.S.C. 552a (c)(3),(d),(e)(1),(3)(4)(G),(H) and 
(I), and (f). See 22 CFR 171.36.

 [FR Doc. E8-5684 Filed 3-19-08; 8:45 am]
BILLING CODE 4710-24-P