[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