Notice2022-28561
30-Day Notice of Proposed Information Collection: Request To Change End-User, End-Use and/or Destination of Hardware and Open General Licenses
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
January 4, 2023
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 88 Issue 2 (Wednesday, January 4, 2023)</title>
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[Federal Register Volume 88, Number 2 (Wednesday, January 4, 2023)]
[Notices]
[Pages 397-398]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28561]
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DEPARTMENT OF STATE
[Public Notice: 11944]
30-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 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 February 3, 2023.
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: Mr. Dilan Wickrema, Office of Defense
Trade Controls Policy, Department of State, telephone (202) 634-4981;
email <a href="/cdn-cgi/l/email-protection#0c4848584f4f797f786361697e5f697e7a656f694c7f786d7869226b637a"><span class="__cf_email__" data-cfemail="2165657562625452554e4c4453724453574842446152554055440f464e57">[email protected]</span></a>. SUBJECT: 30-Day Notice of Proposed
Information Collection--Request to Change End-user, End-use and/or
Destination and Open General Licenses.
SUPPLEMENTARY INFORMATION:
<bullet> Title of Information Collection: Request to Change End-
User, End-Use and/or Destination of Hardware and Open General Licenses.
<bullet> OMB Control Number: 1405-0173.
<bullet> Type of Request: Revision and extension of a currently
approved collection.
<bullet> Originating Office: Directorate of Defense Trade Controls
(DDTC).
<bullet> Form Number: DS-6004.
<bullet> Respondents: Individuals, businesses, or 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 International Traffic in Arms Regulations (ITAR).
<bullet> Estimated Number of Respondents: 1,695.
<bullet> Estimated Number of Responses: 2,234.
<bullet> Average Time per Response: 1 hour.
<bullet> Total Estimated Burden: 2,234 hours.
<bullet> Frequency: On occasion.
<bullet> Obligation to respond: Mandatory.
We are soliciting public comments to permit the Department to:
[ssquf] Evaluate whether the proposed information is necessary for
the proper functions of the Department.
[ssquf] 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.
[ssquf] Enhance the quality, utility, and clarity of the
information to be collected.
[ssquf] 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 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. 120.22(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. 120.22(b) in order to assess the concept of
an OGL mechanism by which it may authorize certain transfers of defense
articles to predetermined
[[Page 398]]
parties. OGLs eliminate the need for the Department to individually
review and approve certain lower-risk transactions involving certain
recipients. DDTC believes the OGL 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),
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 and a description and identification of the new
end-user, end-use, and destination. Under ITAR Sec. 120.15(e) any
person engaging in any reexport or retransfer of a defense article
pursuant to an exemption must maintain records of each such transfer
including the 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 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.
120.15(e) 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, as described in ITAR Sec. 120.15(e) and under the OGL
pilot program and as described in each OGL, 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: 44 U.S.C. 3507.
* * * * *
Catherine E. Hamilton,
Director of Licensing, PM/DDTC, Department of State.
[FR Doc. 2022-28561 Filed 1-3-23; 8:45 am]
BILLING CODE 4710-25-P
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