Notice2023-04017
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)
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
February 28, 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 39 (Tuesday, February 28, 2023)</title>
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[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12714-12715]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <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#9cfefde8e8f5efe8fdfdf0dcefe8fde8f9b2fbf3ea"><span class="__cf_email__" data-cfemail="9ffdfeebebf6ecebfefef3dfecebfeebfab1f8f0e9">[email protected]</span></a> or 202-992-0973.
SUPPLEMENTARY INFORMATION:
<bullet> Title of Information Collection: Request for Approval of
Manufacturing License Agreements, Technical Assistance Agreements, and
Other Agreements.
<bullet> OMB Control Number: 1405-0093.
<bullet> Type of Request: Extension of a Currently Approved
Collection.
<bullet> Originating Office: PM/DDTC.
<bullet> Form Number: No form.
<bullet> Respondents: Business, Nonprofit Organizations, or Persons
who intend to furnish defense services or technical data to a foreign
person.
<bullet> Estimated Number of Respondents: 580.
<bullet> Estimated Number of Responses: 4,430.
<bullet> Average Time per Response: 2 hours.
<bullet> Total Estimated Burden Time: 8,860.
<bullet> Frequency: On occasion.
<bullet> Obligation to Respond: Required to Obtain or Retain a
Benefit.
<bullet> Title of Information Collection: Maintenance of Records by
Registrants.
<bullet> OMB Control Number: 1405-0111.
<bullet> Type of Request: Extension of a currently approved
collection.
<bullet> Originating Office: Directorate of Defense Trade Controls
(PM/DDTC).
<bullet> Form Number: No form.
<bullet> Respondents: Persons registered with DDTC who conduct
business regulated by the International Traffic in Arms Regulations
(ITAR, 22 CFR parts 120-130).
<bullet> Estimated Number of Respondents: 9,100.
<bullet> Estimated Number of Responses: 9,100.
<bullet> Average Time per Response: 20 hours.
<bullet> Total Estimated Burden Time: 182,000 hours.
<bullet> Frequency: Annually.
<bullet> Obligation to Respond: Mandatory.
<bullet> Title of Information Collection: Annual Brokering Report.
<bullet> OMB Control Number: 1405-0141.
<bullet> Type of Request: Extension of a Currently Approved
Collection.
<bullet> Originating Office: Directorate of Defense Trade Controls
(DDTC).
<bullet> Form Number: No Form.
<bullet> Respondents: Respondents are any person/s who engages in
the United States in the business of manufacturing or exporting or
temporarily importing defense articles.
<bullet> Estimated Number of Respondents: 1,200.
<bullet> Estimated Number of Responses: 1,200.
<bullet> Average Time per Response: 2 hours.
<bullet> Total Estimated Burden Time: 2,400 hours.
<bullet> Frequency: Annually.
<bullet> Obligation to Respond: Required to Obtain or Retain
Benefit.
<bullet> Title of Information Collection: Brokering Prior Approval.
<bullet> OMB Control Number: 1405-0142.
<bullet> Type of Request: Extension of a Currently Approved
Collection.
<bullet> Originating Office: Directorate of Defense Trade Controls
(DDTC).
<bullet> Form Number: DS-4294.
<bullet> 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.
<bullet> Estimated Number of Respondents: 170.
<bullet> Estimated Number of Responses: 170.
[[Page 12715]]
<bullet> Average Time per Response: 2 hours.
<bullet> Total Estimated Burden Time: 340 hours.
<bullet> Frequency: On Occasion.
<bullet> Obligation to Respond: Required to Obtain Benefit.
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
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
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