[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58895-58896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20963]


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DEPARTMENT OF STATE

[Public Notice: 11845]


60-Day Notice of Proposed Information Collection: Request To 
Change End-User, End-Use and/or Destination of Hardware and Open 
General Licenses

AGENCY: Department of State.

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 28, 2022.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Comments should refer to the proposal by name and/or OMB 
Control Number and should be sent by any of the following methods:
     Internet: 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-2022-0028'' in the Search 
field. Then click the ``Comment Now'' button and complete the comment 
form.
     Email: [email protected].
     Regular Mail: Send written comments to: Directorate of 
Defense Trade Controls, Attn: Dilan Wickrema, 2401 E St. NW, Suite H-
1304, Washington, DC 20037
    You must include the subject (PRA 60 Day Comment), information 
collection title (Request to Change End-User, End-Use and/or 
Destination of Hardware and Open General Licenses), and OMB control 
number (1405-0173) in any correspondence.

FOR FURTHER INFORMATION CONTACT: Mr. Dilan Wickrema, Office of Defense 
Trade Controls Policy, Department of State, telephone (202) 634-4981; 
email [email protected] ATTN: 60-Day Notice of Proposed 
Information Collection--Request to Change End-user, End-use and/or 
Destination and Open General Licenses.

SUPPLEMENTARY INFORMATION:
     Title of Information Collection: Request to Change End-
User, End-Use and/or Destination of Hardware and Open General Licenses.
     OMB Control Number: 1405-0173.
     Type of Request: Revision.
     Originating Office: Directorate of Defense Trade Controls 
(DDTC).
     Form Number: DS-6004.
     Respondents: Individuals, businesses, or nonprofit 
organizations engaged in the business of exporting or temporarily 
importing defense articles or defense services or those involved in 
with reexport or retransfer of unclassified defense articles otherwise 
authorized under the ITAR.
     Estimated Number of Respondents: 1,695.
     Estimated Number of Responses: 2,234.
     Average Time per Response: 1 hour.
     Total Estimated Burden: 2,234 hours.
     Frequency: On occasion.
     Obligation to respond: Mandatory.
    We are soliciting public comments to permit the Department to:
     Evaluate whether the proposed information 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 collection.
     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, comments submitted in response to this Notice are 
public record. Before including any detailed personal information, you 
should be aware your comments as submitted, including your personal 
information, will be available for public review.

Abstract of Proposed Collection

    This information collection is used for two main purposes: (1) the 
collection and submission of information required for DDTC approval of 
a reexport or retransfer; and (2) the collection and retention of 
certain information for authorizations and other approvals, including 
for reexports and retransfers under an Open General License (OGL) 
program. Under Sec.  123.9(a) of the International Traffic in Arms 
Regulations (ITAR), unless an exemption applies, DDTC's written 
approval must be obtained before reselling, transferring, reexporting, 
retransferring, transshipping, or disposing of a defense article to any 
end-user, end-use, or destination other than as stated on the export 
license or in the Electronic Export Information filing in cases where 
an exemption was claimed. Such approval is normally granted through 
case-by-case review of requests to authorize specific transfers. In 
addition, ITAR Sec.  126.9(b) allows DDTC to provide export 
authorization for DDTC's own initiatives, including pilot programs and 
other specifically anticipated circumstances for which DDTC considers 
special authorizations appropriate. DDTC has launched a pilot program 
pursuant to its authorities in ITAR Sec.  126.9(b) in order to assess 
the concept of an OGL mechanism by which it may authorize certain 
transfers of defense articles to predetermined parties. OGLs eliminate 
the need for the Department to individually review and approve certain 
lower-risk transactions involving certain recipients. DDTC believes the 
OGL pilot program will provide unprecedented flexibility for the U.S. 
defense industry and U.S. allies to operate consistent with the ITAR 
and will enhance their ability to maintain, repair, and store defense 
articles.Under ITAR Sec.  123.1(c), DDTC may require pertinent 
documentation regarding the proposed transaction and proper completion 
of the application form, including information about the quantity and 
value of the defense article proposed for export and information on the 
proposed end-user, end-use, and ultimate destination. Under ITAR Sec.  
123.9(c), foreign persons who seek approval from DDTC to reexport or 
retransfer defense articles are required to submit a description, 
quantity, and value of the defense article; a description and 
identification of the new end-user, end-use, and destination. Under 
ITAR Sec.  123.26 any foreign person engaging in any reexport or 
retransfer of a defense article pursuant to an exemption must maintain 
records of each such transfer including the

[[Page 58896]]

following information: A description of the defense article, including 
technical data, or defense service; the name and address of the end-
user and other available contact information (e.g., telephone number 
and email address); the name of the natural person responsible for the 
transaction; the stated end-use of the defense article or defense 
service; the date of the transaction; and the method of 
transmission.DDTC seeks to ensure that foreign persons who rely on any 
current or future OGLs to conduct reexports and retransfers abroad 
retain the same records as would be required if their transactions were 
authorized by either a specific license or an exemption. Accordingly, 
DDTC has restated the record-keeping requirements articulated in ITAR 
Sec.  123.26 in the OGLs themselves.

Methodology

    Respondents will submit information as attachments to relevant 
license applications or requests for other approval. Applicants are 
referred to ITAR Sec.  123.9 for guidance on what information to submit 
regarding the request to change end-user, end-use and/or destination of 
hardware. This information may be submitted electronically via a DS-
6004, Reexport/Retransfer Application, through DDTC's case management 
system, the Defense Export Control and Compliance System (DECCS).
    Separately, under the OGL program, as described in each OGL, and as 
also described in ITAR Sec.  123.26, respondents will be required to 
retain certain information in their own records for a period of five 
years from the date of the reexport or retransfer.

Authority

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 
chapter 35.
* * * * *

Michael F. Miller,
Deputy Assistant Secretary, PM/DDTC, Department of State.
[FR Doc. 2022-20963 Filed 9-27-22; 8:45 am]
BILLING CODE 4710-25-P