[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27741-27742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11688]
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DEPARTMENT OF STATE
[Public Notice: 7429]
60-Day Notice of Proposed Information Collection: Technology
Security/Clearance Plans, Screening Records, and Non-Disclosure
Agreements
ACTION: Notice of request for public comments.
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SUMMARY: The Department of State is seeking Office of Management and
Budget (OMB) approval for the information collection described below.
The purpose of this notice is to allow 60 days for public comment in
the Federal Register preceding submission to OMB. We are conducting
this process in accordance with the Paperwork Reduction Act of 1995.
Title of Information Collection: Technology Security/
Clearance Plans, Screening Records, and Non-Disclosure Agreements
Pursuant to 22 CFR 126.18.
OMB Control Number: 1405-XXXX.
Type of Request: New Collection.
Originating Office: Bureau of Political-Military Affairs,
Directorate of Defense Trade Controls, PM/DDTC.
Form Number: None.
Respondents: Business and Nonprofit Organizations, Foreign
Governments.
Estimated Number of Respondents: 100,000.
Estimated Number of Responses: 100,000.
Average Hours per Response: 10 hours.
Total Estimated Burden: 1,000,000 hours.
Frequency: On Occasion.
Obligation to Respond: Mandatory.
DATES: The Department will accept comments from the public up to 60
days from May 12, 2011.
ADDRESSES: Comments and questions should be directed to Nicholas Memos,
Office of Defense Trade Controls Policy, Department of State, who may
be reached via the following methods:
E-mail: [email protected].
Mail: Nicholas Memos, SA-1, 12th Floor, Directorate of
Defense Trade Controls, Bureau of Political-Military Affairs, U.S.
Department of State, Washington, DC 20522-0112.
Fax: 202-261-8199.
You must include the information collection title in the subject
lines of your message/letter.
FOR FURTHER INFORMATION CONTACT: Direct requests for additional
information regarding the collection listed in this notice to Nicholas
Memos, PM/DDTC, SA-1, 12th Floor, Directorate of Defense Trade
Controls, Bureau of Political-Military Affairs, U.S. Department of
State, Washington, DC 20522-0112, who may be reached via phone at (202)
663-2804, or via e-mail at [email protected].
SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit
the Department to:
Evaluate whether the proposed collection of information is
necessary for the proper performance of our functions.
Evaluate the accuracy of our estimate of the burden of the
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
technology.
Abstract of proposed collection: The export, temporary import,
temporary export 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 (AECA). Those who manufacture or export defense
articles, defense services, and related technical data, or the
brokering thereof, must register with the Department of State. Persons
desiring to engage in export, temporary import, and brokering
activities must submit an application or written request to conduct the
transaction to the Department to obtain a decision whether it is in the
interests of U.S. foreign policy and national security to approve the
transaction. Also, registered brokers must submit annual reports
regarding all brokering activity that was transacted, and registered
manufacturers and exporter must maintain records of defense trade
activities for five years. Section 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, within a foreign business entity, foreign governmental entity, or
international organization, that is an approved or otherwise authorized
end-user or consignee (including transfers to approved sub-licensees)
for those 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. The conditions are that
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
[[Page 27742]]
unless specifically authorized by the consignee or end-user. Section
126.18 also provides that the technology security/clearance plan,
screening records, and Non-Disclosure Agreements will be made available
to DDTC or its agents for law enforcement purposes upon request.
Methodology: This information collection may be sent to the
Directorate of Defense Trade Controls via the following methods:
Electronically, mail, and/or fax.
Dated: May 2, 2011.
Robert S. Kovac,
Managing Director of Defense Trade Controls, Bureau of Political-
Military Affairs, U.S. Department of State.
[FR Doc. 2011-11688 Filed 5-11-11; 8:45 am]
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