[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27741-27742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11688]


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DEPARTMENT OF STATE

[Public Notice: 7429]


60-Day Notice of Proposed Information Collection: Technology 
Security/Clearance Plans, Screening Records, and Non-Disclosure 
Agreements

ACTION: Notice of request for public comments.

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SUMMARY: The Department of State is seeking Office of Management and 
Budget (OMB) approval for the information collection described below. 
The purpose of this notice is to allow 60 days for public comment in 
the Federal Register preceding submission to OMB. We are conducting 
this process in accordance with the Paperwork Reduction Act of 1995.
     Title of Information Collection: Technology Security/
Clearance Plans, Screening Records, and Non-Disclosure Agreements 
Pursuant to 22 CFR 126.18.
     OMB Control Number: 1405-XXXX.
     Type of Request: New Collection.
     Originating Office: Bureau of Political-Military Affairs, 
Directorate of Defense Trade Controls, PM/DDTC.
     Form Number: None.
     Respondents: Business and Nonprofit Organizations, Foreign 
Governments.
     Estimated Number of Respondents: 100,000.
     Estimated Number of Responses: 100,000.
     Average Hours per Response: 10 hours.
     Total Estimated Burden: 1,000,000 hours.
     Frequency: On Occasion.
     Obligation to Respond: Mandatory.

DATES: The Department will accept comments from the public up to 60 
days from May 12, 2011.

ADDRESSES: Comments and questions should be directed to Nicholas Memos, 
Office of Defense Trade Controls Policy, Department of State, who may 
be reached via the following methods:
     E-mail: [email protected].
     Mail: Nicholas Memos, SA-1, 12th Floor, Directorate of 
Defense Trade Controls, Bureau of Political-Military Affairs, U.S. 
Department of State, Washington, DC 20522-0112.
     Fax: 202-261-8199.
    You must include the information collection title in the subject 
lines of your message/letter.

FOR FURTHER INFORMATION CONTACT: Direct requests for additional 
information regarding the collection listed in this notice to Nicholas 
Memos, PM/DDTC, SA-1, 12th Floor, Directorate of Defense Trade 
Controls, Bureau of Political-Military Affairs, U.S. Department of 
State, Washington, DC 20522-0112, who may be reached via phone at (202) 
663-2804, or via e-mail at [email protected].

SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit 
the Department to:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of our functions.
     Evaluate the accuracy of our estimate of the burden of the 
proposed collection, including the validity of the methodology and 
assumptions used.
     Enhance the quality, utility, and clarity of the 
information to be collected.
     Minimize the reporting burden on those who are to respond, 
including the use of automated collection techniques or other forms of 
technology.
    Abstract of proposed collection: The export, temporary import, 
temporary export and brokering of defense articles, defense services 
and related technical data are licensed by the Directorate of Defense 
Trade Controls (DDTC) in accordance with the International Traffic in 
Arms Regulations (``ITAR,'' 22 CFR Parts 120-130) and Section 38 of the 
Arms Export Control Act (AECA). Those who manufacture or export defense 
articles, defense services, and related technical data, or the 
brokering thereof, must register with the Department of State. Persons 
desiring to engage in export, temporary import, and brokering 
activities must submit an application or written request to conduct the 
transaction to the Department to obtain a decision whether it is in the 
interests of U.S. foreign policy and national security to approve the 
transaction. Also, registered brokers must submit annual reports 
regarding all brokering activity that was transacted, and registered 
manufacturers and exporter must maintain records of defense trade 
activities for five years. Section 126.18 eliminates, subject to 
certain conditions, the requirement for an approval by DDTC of the 
transfer of unclassified defense articles, which includes technical 
data, within a foreign business entity, foreign governmental entity, or 
international organization, that is an approved or otherwise authorized 
end-user or consignee (including transfers to approved sub-licensees) 
for those defense articles, including the transfer to dual nationals or 
third-country nationals who are bona fide regular employees, directly 
employed by the foreign consignee or end-user. The conditions are that 
effective procedures must be in place to prevent diversion to any 
destination, entity, or for purposes other than those authorized by the 
applicable export license or other authorization. Those conditions can 
be met by requiring a security clearance approved by the host nation 
government for its employees, or the end-user or consignee have in 
place a process to screen all its employees and to have executed a Non-
Disclosure Agreement that provides assurances that the employee will 
not transfer any defense articles to persons or entities

[[Page 27742]]

unless specifically authorized by the consignee or end-user. Section 
126.18 also provides that the technology security/clearance plan, 
screening records, and Non-Disclosure Agreements will be made available 
to DDTC or its agents for law enforcement purposes upon request.
    Methodology: This information collection may be sent to the 
Directorate of Defense Trade Controls via the following methods: 
Electronically, mail, and/or fax.

    Dated: May 2, 2011.
Robert S. Kovac,
Managing Director of Defense Trade Controls, Bureau of Political-
Military Affairs, U.S. Department of State.
[FR Doc. 2011-11688 Filed 5-11-11; 8:45 am]
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