Notice2022-26102
30-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
November 30, 2022
Issuing agencies
State Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 229 (Wednesday, November 30, 2022)</title>
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[Federal Register Volume 87, Number 229 (Wednesday, November 30, 2022)]
[Notices]
[Pages 73577-73578]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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
<a href="/cdn-cgi/l/email-protection#187a796c6c716b6c797974586b6c796c7d367f776e"><span class="__cf_email__" data-cfemail="6c0e0d1818051f180d0d002c1f180d1809420b031a">[email protected]</span></a> via email and 202-992-0973 via phone.
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.
[[Page 73578]]
<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
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]
BILLING CODE 4710-25-P
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