Notice2022-19369
60-Day Notice of Proposed Information Collection: Technology Security/Clearance Plans, Screening Records, and Non-Disclosure Agreements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 8, 2022
Issuing agencies
State Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 173 (Thursday, September 8, 2022)</title>
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 55071-55072]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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]]
<bullet> Web: Persons with access to the internet may comment on
this notice by going to <a href="http://www.Regulations.gov">www.Regulations.gov</a>. 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.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#c9aba8bdbda0babda8a8a589babda8bdace7aea6bf"><span class="__cf_email__" data-cfemail="83e1e2f7f7eaf0f7e2e2efc3f0f7e2f7e6ade4ecf5">[email protected]</span></a>.
<bullet> 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:
<bullet> Title of Information Collection: Technology Security/
Clearance Plans, Screening Records, and Non-Disclosure Agreements
Pursuant to 22 CFR 126.18(c)(2).
<bullet> OMB Control Number: 1405-0195.
<bullet> Type of Request: Extension of Currently Approved
Collection.
<bullet> Originating Office: Bureau of Political-Military Affairs,
Directorate of Defense Trade Controls (PM/DDTC).
<bullet> Form Number: No form.
<bullet> Respondents: Business and Nonprofit Organizations.
<bullet> Estimated Number of Respondents: 10,000.
<bullet> Estimated Number of Responses: 10,000.
<bullet> Average Time per Response: 10 hours.
<bullet> Total Estimated Burden Time: 100,000 hours.
<bullet> Frequency: On occasion.
<bullet> Obligation to Respond: Mandatory.
We are soliciting public comments to permit the Department to:
<bullet> Evaluate whether the proposed information collection is
necessary for the proper functions of the Department.
<bullet> 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.
<bullet> Enhance the quality, utility, and clarity of the
information to be collected.
<bullet> 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]
BILLING CODE 4710-25-P
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