[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12714-12715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04017]


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DEPARTMENT OF STATE

[Public Notice: 11998]


30-Day Notice of Proposed Information Collection: Request for 
Approval of Manufacturing License Agreements, Technical Assistance 
Agreements, and Other Agreements, Maintenance of Records by DDTC 
Registrants, Annual Brokering Report, Brokering Prior Approval 
(License)

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 March 30, 2023.

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] or 202-992-0973.

SUPPLEMENTARY INFORMATION: 
     Title of Information Collection: Request for Approval of 
Manufacturing License Agreements, Technical Assistance Agreements, and 
Other Agreements.
     OMB Control Number: 1405-0093.
     Type of Request: Extension of a Currently Approved 
Collection.
     Originating Office: PM/DDTC.
     Form Number: No form.
     Respondents: Business, Nonprofit Organizations, or Persons 
who intend to furnish defense services or technical data to a foreign 
person.
     Estimated Number of Respondents: 580.
     Estimated Number of Responses: 4,430.
     Average Time per Response: 2 hours.
     Total Estimated Burden Time: 8,860.
     Frequency: On occasion.
     Obligation to Respond: Required to Obtain or Retain a 
Benefit.
     Title of Information Collection: Maintenance of Records by 
Registrants.
     OMB Control Number: 1405-0111.
     Type of Request: Extension of a currently approved 
collection.
     Originating Office: Directorate of Defense Trade Controls 
(PM/DDTC).
     Form Number: No form.
     Respondents: Persons registered with DDTC who conduct 
business regulated by the International Traffic in Arms Regulations 
(ITAR, 22 CFR parts 120-130).
     Estimated Number of Respondents: 9,100.
     Estimated Number of Responses: 9,100.
     Average Time per Response: 20 hours.
     Total Estimated Burden Time: 182,000 hours.
     Frequency: Annually.
     Obligation to Respond: Mandatory.
     Title of Information Collection: Annual Brokering Report.
     OMB Control Number: 1405-0141.
     Type of Request: Extension of a Currently Approved 
Collection.
     Originating Office: Directorate of Defense Trade Controls 
(DDTC).
     Form Number: No Form.
     Respondents: Respondents are any person/s who engages in 
the United States in the business of manufacturing or exporting or 
temporarily importing defense articles.
     Estimated Number of Respondents: 1,200.
     Estimated Number of Responses: 1,200.
     Average Time per Response: 2 hours.
     Total Estimated Burden Time: 2,400 hours.
     Frequency: Annually.
     Obligation to Respond: Required to Obtain or Retain 
Benefit.
     Title of Information Collection: Brokering Prior Approval.
     OMB Control Number: 1405-0142.
     Type of Request: Extension of a Currently Approved 
Collection.
     Originating Office: Directorate of Defense Trade Controls 
(DDTC).
     Form Number: DS-4294.
     Respondents: Respondents are U.S. and foreign persons who 
wish to engage in International Traffic in Arms Regulations (ITAR)-
controlled brokering of defense articles and defense services.
     Estimated Number of Respondents: 170.
     Estimated Number of Responses: 170.

[[Page 12715]]

     Average Time per Response: 2 hours.
     Total Estimated Burden Time: 340 hours.
     Frequency: On Occasion.
     Obligation to Respond: Required to Obtain Benefit.
    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

    DDTC regulates the export and temporary import of defense articles 
and services enumerated on the USML in accordance with the Arms Export 
Control Act (AECA) (22 U.S.C. 2751 et seq.) and the International 
Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130). In 
accordance with ITAR Sec.  124.1, any person who intends to furnish 
defense services or technical data to a foreign person must submit a 
proposed technical assistance, manufacturing, or distribution license 
agreement and obtain prior authorization from DDTC for such agreement. 
Amendments to existing agreements must also be submitted for approval. 
The electronic mechanism utilized for submitting, reviewing, and 
approving agreement proposals is the Defense Export Control and 
Compliance System, DECCS. Specifically, this process utilizes the DSP-5 
license application as the primary instrument or ``vehicle'' for 
transmitting agreements and their respective amendments from one phase 
of the adjudication process to the next.
    The ITAR requires persons registered with DDTC to maintain records 
pertaining to defense trade-related transactions. This information 
collection approves the record-keeping requirements imposed on 
registrants by the ITAR. Respondents to this collection may submit 
their records to DDTC as supporting documentation for disclosures of 
potential violations of the AECA. The method by which respondents 
submit these records is approved under OMB control no. 1405-0179. DDTC 
uses these records to analyze industry compliance processes and 
procedures, and to help assess whether the activity in question might 
merit administrative sanctions or referral to the Department of Justice 
for possible criminal prosecution.
    In accordance with part 129 of the ITAR, U.S. and foreign persons 
required to register as a broker shall provide annually a report to 
DDTC enumerating and describing brokering activities by quantity, type, 
U.S. dollar value, purchaser/recipient, and license number for approved 
activities and any exemptions utilized for other covered activities. 
This information is currently used in the review of munitions export 
and brokering license applications and to ensure compliance with 
defense trade statutes and regulations. As appropriate, such 
information may be shared with other U.S. Government entities.
    In accordance with part 129 of the International Traffic in Arms 
Regulations (ITAR), U.S. and foreign persons who wish to engage in 
ITAR-controlled brokering activity of defense articles and defense 
services must first register with DDTC. Brokers must then submit a 
written request for approval to DDTC and must receive DDTC's consent 
prior to engaging in such activities unless exempted. This information 
is currently used in the review of the brokering request submitted for 
approval and to ensure compliance with defense trade statutes and 
regulations. It is also used to monitor and control the transfer of 
sensitive U.S. technology.

Methodology

    Respondents will submit information as attachments to relevant 
license applications or requests for other approval.
    Respondents may maintain records in any format consistent with the 
provisions in ITAR Sec.  122.5.
    Brokering Reports are submitted annually with Statement of 
Registration renewals. Applicants are referred to ITAR part 129 for 
guidance on information to submit regarding proposed brokering 
activity. Applicants may submit a Brokering Prior Approval Request 
electronically via DDTC's Defense Export Control and Compliance System 
(DECCS), using the DS-4294.

Kevin E. Bryant,
Deputy Director, Office of Directives Management, Department of State.
[FR Doc. 2023-04017 Filed 2-27-23; 8:45 am]
BILLING CODE 4710-25-P