[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 55071-55072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19369]


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DEPARTMENT OF STATE

[Public Notice: 11828]


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

ACTION: Notice of request for public comment.

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SUMMARY: The Department of State is seeking Office of Management and 
Budget (OMB) approval for the information collection described below. 
In accordance with the Paperwork Reduction Act of 1995, we are 
requesting comments on this collection from all interested individuals 
and organizations. The purpose of this notice is to allow 60 days for 
public comment preceding submission of the collection to OMB.

DATES: The Department will accept comments from the public up to 
November 7, 2022.

ADDRESSES: You may submit comments by any of the following methods:

[[Page 55072]]

     Web: Persons with access to the internet may comment on 
this notice by going to www.Regulations.gov. You can search for the 
document by entering ``Docket Number: DOS-2022-0025'' in the Search 
field. Then click the ``Comment Now'' button and complete the comment 
form.
     Email: [email protected].
     Fax: 202-395-5806. Attention: Desk Officer for Department 
of State.
    You must include the information collection title and the OMB 
control number in any correspondence.

SUPPLEMENTARY INFORMATION: 
     Title of Information Collection: Technology Security/
Clearance Plans, Screening Records, and Non-Disclosure Agreements 
Pursuant to 22 CFR 126.18(c)(2).
     OMB Control Number: 1405-0195.
     Type of Request: Extension of Currently Approved 
Collection.
     Originating Office: Bureau of Political-Military Affairs, 
Directorate of Defense Trade Controls (PM/DDTC).
     Form Number: No form.
     Respondents: Business and Nonprofit Organizations.
     Estimated Number of Respondents: 10,000.
     Estimated Number of Responses: 10,000.
     Average Time per Response: 10 hours.
     Total Estimated Burden Time: 100,000 hours.
     Frequency: On occasion.
     Obligation to Respond: Mandatory.
    We are soliciting public comments to permit the Department to:
     Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department.
     Evaluate the accuracy of our estimate of the time and cost 
burden for this 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 
information technology.
    Please note that comments submitted in response to this Notice are 
public record. Before including any detailed personal information, you 
should be aware that your comments as submitted, including your 
personal information, will be available for public review.

Abstract of Proposed Collection

    The export, temporary import, 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.
    ITAR Sec.  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, to or within a foreign 
business entity, foreign governmental entity, or international 
organization that is an authorized end-user or consignee (including 
transfers to approved sub-licensees) for 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.
    To use ITAR Sec.  126.18, 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 unless specifically authorized by the consignee or 
end-user. ITAR Sec.  126.18(c)(2) also provides that the technology 
security/clearance plans and screening records shall be made available 
to DDTC or its agents for law enforcement purposes upon request.

Methodology

    When information kept on file pursuant to this recordkeeping 
requirement is required to be sent to the Directorate of Defense Trade 
Controls, it may be sent electronically or by mail according to 
guidance given by DDTC.

Michael F. Miller,
Deputy Assistant Secretary, Directorate of Defense Trade Controls, 
Department of State.
[FR Doc. 2022-19369 Filed 9-7-22; 8:45 am]
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