[Federal Register Volume 87, Number 229 (Wednesday, November 30, 2022)]
[Notices]
[Pages 73577-73578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26102]


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DEPARTMENT OF STATE

[Public Notice: 11926]


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

ACTION: Notice of request for public comment and submission to OMB of 
proposed collection of information.

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SUMMARY: The Department of State has submitted the information 
collection described below to the Office of Management and Budget (OMB) 
for approval. 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 
30 days for public comment.

DATES: Submit comments up to December 30, 2022.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Direct requests for additional 
information regarding the collection listed in this notice, including 
requests for copies of the proposed collection instrument and 
supporting documents, to Andrea Battista, who may be reached at 
[email protected] via email and 202-992-0973 via phone.

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.

[[Page 73578]]

     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 
through 130) and section 38 of the Arms Export Control Act.
    ITAR section126.18 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 section126.18, 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 
by the end-user or consignee having 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 section126.18(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.

Kevin E Bryant,
Deputy Director, Office of Directives Management, Department of State.
[FR Doc. 2022-26102 Filed 11-29-22; 8:45 am]
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