Amendment to the International Traffic in Arms Regulations: Additional Method of Electronic Payment of Registration Fees, 76035-76037 [2011-31273]

Download as PDF 76035 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations Order 13175 do not apply to this rulemaking. List of Subjects in 22 CFR Part 22 Paperwork Reduction Act This rule does not impose any new or modify any existing reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. Consular services, fees, passports and visas. Accordingly, for the reasons stated in the preamble, 22 CFR part 22 is amended as follows: Authority: 8 U.S.C. 1101 note, 1153 note, 1183a note, 1351, 1351 note, 1713, 1714, 1714 note; 10 U.S.C. 2602(c); 11 U.S.C. 1157 note; 22 U.S.C. 214, 214 note, 1475e, 2504(a), 4201, 4206, 4215, 4219, 6551; 31 U.S.C. 9701; Exec. Order 10,718, 22 FR 4632 (1957); Exec. Order 11,295, 31 FR 10603 (1966). 2. Revise § 22.1 Item 21 to read as follows: ■ PART 22—[AMENDED] 1. The authority citation for part 22 is revised to read as follows: ■ § 22.1 * Schedule of fees. * * * * SCHEDULE OF FEES FOR CONSULAR SERVICES Item No. * * * Fee * Nonimmigrant Visa Services * * * 21. Nonimmigrant visa and border crossing card application processing fees (per person): (a) Non-petition-based nonimmigrant visa (except E category) ........................................................................................................... (b) H, L, O, P, Q and R category nonimmigrant visa .......................................................................................................................... (c) E category nonimmigrant visa ........................................................................................................................................................ (d) K category nonimmigrant visa ........................................................................................................................................................ (e) Border crossing card—age 15 and over (valid 10 years) .............................................................................................................. (f) Border crossing card—under age 15; for Mexican citizens if parent or guardian has or is applying for a border crossing card (valid 10 years or until the applicant reaches age 15, whichever is sooner) ................................................................................... * * * Dated: August 9, 2011. Patrick F. Kennedy, Under Secretary of State for Management, Department of State. [FR Doc. 2011–31175 Filed 12–5–11; 8:45 am] BILLING CODE 4710–06–P DEPARTMENT OF STATE 22 CFR Part 126 RIN 1400–AD00 [Public Notice 7708] Amendment to the International Traffic in Arms Regulations: Additional Method of Electronic Payment of Registration Fees Department of State. Final rule. AGENCY: ACTION: The Department of State is amending the International Traffic in Arms Regulations (ITAR) to identify the Federal Reserve Wire Network (FedWire) as another method of electronic payment of registration fees, so as to provide a choice in and facilitate the submission of fees by registrants. DATES: This rule is effective December 6, 2011. FOR FURTHER INFORMATION CONTACT: Tanya A. Phillips, Office of Defense Trade Controls Compliance, U.S. Department of State, telephone (202) tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:05 Dec 05, 2011 Jkt 226001 * * 632–2797, or email DDTCResponseTeam@state.gov. ATTN: Registration—Additional Method of Electronic Payment of Registration Fees. SUPPLEMENTARY INFORMATION: The Directorate of Defense Trade Controls (DDTC) is responsible for the collection of registration fees from persons in the business of manufacturing, exporting, and/or brokering defense articles or defense services. On February 24, 2011, the Department proposed electronic payment as the sole method of the submission of registration fees (see the proposed rule, ‘‘Amendment to the International Traffic in Arms Regulations: Electronic Payment of Registration Fees; 60-Day Notice of the Proposed Statement of Registration Information Collection,’’ 76 FR 10291). That proposal received no public comment within the established comment period. The final rule (76 FR 45195, July 28, 2011) took effect on September 26, 2011, and identified Automated Clearing House (ACH) as the means by which U.S. entities may electronically submit their registration fees. Since the implementation of that rule, a considerable number of intended registrants have contacted the Department, inquiring if payment may be made using the Federal Reserve Wire Network (FedWire), as they were experiencing difficulties in originating ACH transactions. This rule seeks to PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 * $140 $150 $390 $350 $140 $14 * address these concerns. Therefore, to §§ 122.2 and 129.4 of the ITAR, where registration fee payment is described, FedWire is added as an acceptable electronic payment method. Regulatory Analysis and Notices Administrative Procedure Act The Department of State is of the opinion that controlling the import and export of defense articles and services is a foreign affairs function of the United States Government and that rules implementing this function are exempt from section 553 (Rulemaking) and section 554 (Adjudications) of the Administrative Procedure Act. Since the Department is of the opinion that this rule is exempt from 5 U.S.C. 553, it is the view of the Department of State that the provisions of section 553(d) do not apply to this rulemaking. Regulatory Flexibility Act Since this amendment is not subject to 5 U.S.C. 553, it does not require analysis under the Regulatory Flexibility Act. Unfunded Mandates Act of 1995 This amendment does not involve a mandate that will result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. E:\FR\FM\06DER1.SGM 06DER1 76036 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations requirements of Executive Order 13175 do not apply to this rulemaking. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This amendment has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996. Executive Orders 12372 and 13132 This amendment will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this amendment does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this amendment. Executive Order 12866 The Department is of the opinion that controlling the import and export of defense articles and services is a foreign affairs function of the United States Government and that rules governing the conduct of this function are exempt from the requirements of Executive Order 12866. However, the Department has reviewed this rule to ensure its consistency with the regulatory philosophy and principles set forth in the Executive Order. Executive Order 12988 The Department of State has reviewed this amendment in light of sections 3(a) and 3(b) (2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. Executive Order 13563 The Department of State has considered this rule in light of Executive Order 13563, dated January 18, 2011, and affirms that this regulation is consistent with the guidance therein. tkelley on DSK3SPTVN1PROD with RULES Executive Order 13175 The Department has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not pre-empt tribal law. Accordingly, the VerDate Mar<15>2010 15:05 Dec 05, 2011 Jkt 226001 Paperwork Reduction Act This rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects in 22 CFR Parts 122 and 129 Arms and munitions, Exports. Accordingly, for the reasons set forth above, Title 22, Chapter I, Subchapter M, parts 122 and 129 are amended as follows: Statement of Registration is incomplete either by notifying the registrant of what information is required or through the return of the entire registration package. Registrants may not establish new entities for the purpose of reducing registration fees. * * * * * PART 129—REGISTRATION AND LICENSING OF BROKERS 3. The authority citation for part 129 continues to read as follows: ■ Authority: Sec. 38, Pub. L. 104–164, 110 Stat. 1437, (22 U.S.C. 2778). 4. Section 129.4 is amended by revising paragraph (a) to read as follows: PART 122—REGISTRATION OF MANUFACTURERS AND EXPORTERS ■ 1. The authority citation for part 122 continues to read as follows: § 129.4 ■ Authority: Secs. 2 and 38, Public Law 90– 629, 90 Stat. 744 (22 U.S.C. 2752, 2778); E.O. 11958, 42 FR 4311; 1977 Comp. p. 79, 22 U.S.C. 2651a. 2. Section 122.2 is amended by revising paragraph (a) to read as follows: ■ § 122.2 Submission of registration statement. (a) General. An intended registrant must submit a Department of State Form DS–2032 (Statement of Registration) to the Office of Defense Trade Controls Compliance by registered or overnight mail delivery, and must submit an electronic payment via Automated Clearing House or Federal Reserve Wire Network payable to the Department of State of one of the fees prescribed in § 122.3(a) of this subchapter. Automated Clearing House (ACH) and Federal Reserve Wire Network (FedWire) are electronic networks used to process financial transactions in the United States. Intended registrants should access the Directorate of Defense Trade Control’s Web site at http:// www.pmddtc.state.gov for detailed guidelines on submitting an ACH or FedWire electronic payment. Electronic payments must be in U.S. currency and must be payable through a U.S. financial institution. Cash, checks, foreign currency, or money orders will not be accepted. In addition, the Statement of Registration must be signed by a senior officer (e.g., Chief Executive Officer, President, Secretary, Partner, Member, Treasurer, General Counsel) who has been empowered by the intended registrant to sign such documents. The intended registrant also shall submit documentation that demonstrates that it is incorporated or otherwise authorized to do business in the United States. The Directorate of Defense Trade Controls will notify the registrant if the PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Registration statement and fees. (a) General. An intended registrant must submit a Department of State Form DS–2032 (Statement of Registration) to the Office of Defense Trade Controls Compliance by registered or overnight mail delivery, and must submit an electronic payment via Automated Clearing House (ACH), Federal Reserve Wire Network (FedWire), or Society for Worldwide Interbank Financial Telecommunications (SWIFT), payable to the Department of State of the fees prescribed in § 122.3(a) of this subchapter. Automated Clearing House and FedWire are electronic networks used to process financial transactions originating from within the United States and SWIFT is the messaging service used by financial institutions worldwide to issue international transfers for foreign accounts. Payment methods (i.e., ACH, FedWire, and SWIFT) are dependent on the source of the funds (U.S. or foreign bank) drawn from the applicant’s account. The originating account must be the registrant’s account and not a third party’s account. Intended registrants should access the Directorate of Defense Trade Control’s Web site at http:// www.pmddtc.state.gov for detailed guidelines on submitting ACH, FedWire, and SWIFT electronic payments. Payments, including from foreign brokers, must be in U.S. currency, payable through a U.S. financial institution. Cash, checks, foreign currency, or money orders will not be accepted. The Statement of Registration must be signed by a senior officer (e.g., Chief Executive Officer, President, Secretary, Partner, Member, Treasurer, General Counsel) who has been empowered by the intended registrant to sign such documents. The intended registrant, whether a U.S. or foreign person, shall submit documentation that demonstrates it is E:\FR\FM\06DER1.SGM 06DER1 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations incorporated or otherwise authorized to do business in its respective country. Foreign persons who are required to register shall provide information that is substantially similar in content to that which a U.S. person would provide under this provision (e.g., foreign business license or similar authorization to do business). The Directorate of Defense Trade Controls will notify the registrant if the Statement of Registration is incomplete either by notifying the registrant of what information is required or through the return of the entire registration package. Registrants may not establish new entities for the purpose of reducing registration fees. * * * * * Dated: November 29, 2011. Ellen O. Tauscher, Under Secretary, Arms Control and International Security, Department of State. [FR Doc. 2011–31273 Filed 12–5–11; 8:45 am] BILLING CODE 4710–25–P DEPARTMENT OF THE TREASURY 26 CFR Part 301 [TD 9554] List of Subjects in 26 CFR 301 Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recording requirements. same manner as a sole proprietorship under § 301.7701–2(a) will be subject to tax on self-employment income. (B) [Reserved]. For further guidance, see § 301.7701–2(c)(2)(iv)(B). (C) Exceptions. For exceptions to the rule in § 301.7701–2(c)(2)(iv)(B), see sections 31.3121(b)(3)–1(d), 31.3127– 1(c), and 31.3306(c)(5)–1(d). (D) through (e)(4) [Reserved]. For further guidance, see § 301.7701– 2(c)(2)(iv)(D) through (e)(4). (5) Paragraphs (c)(2)(iv)(A) and (c)(2)(iv)(C) of this section apply to wages paid on or after December 6, 2011. For rules that apply to paragraph (c)(2)(iv)(A) of this section before December 6, 2011, see 26 CFR part 301 revised as of April 1, 2009. However, taxpayers may apply paragraphs (c)(2)(iv)(A) and (c)(2)(iv)(C) of this section to wages paid on or after January 1, 2009. (e)(6) through (e)(7) [Reserved]. For further guidance, see § 301.7701–2(e)(6) through (e)(7). (8) Expiration Date. The applicability of paragraphs (c)(2)(iv)(A) and (c)(2)(iv)(C) of this section expires on or before December 5, 2014. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. 2011–31182 Filed 12–5–11; 8:45 am] BILLING CODE 4830–01–P Extending Religious and Family Member FICA and FUTA Exceptions to Disregarded Entities; Correction Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. AGENCY: This document describes a correction to final and temporary regulations (TD 9554) extending the exceptions from taxes under the Federal Insurance Contributions Act (‘‘FICA’’) and the Federal Unemployment Tax Act (‘‘FUTA’’) under sections 3121(b)(3) (concerning individuals who work for certain family members), 3127 (concerning members of religious faiths), and 3306(c)(5) (concerning persons employed by children and spouses and children under 21 employed by their parents) of the Internal Revenue Code (‘‘Code’’) to entities that are disregarded as separate from their owners for Federal tax purposes. The temporary regulations also clarify the existing rule that the owners of disregarded entities, except for qualified subchapter S subsidiaries, are responsible for backup withholding and related information reporting requirements under section 3406. These SUMMARY: tkelley on DSK3SPTVN1PROD with RULES Need for Correction As published, final and temporary regulations (TD 9554) contain an error that may prove to be misleading and is in need of clarification. PART 301—PROCEDURE AND ADMINISTRATION RIN 1545–BJ07 15:05 Dec 05, 2011 Background The final and temporary regulations that are the subject of this document are under section 7701 of the Internal Revenue Code. Correction of Publication Accordingly, 26 CFR part 301 is corrected by making the following correcting amendment: Internal Revenue Service VerDate Mar<15>2010 regulations were published in the Federal Register on Tuesday, November 1, 2011 (76 FR 67363). DATES: This correction is effective on December 6, 2011, and is applicable on November 1, 2011. FOR FURTHER INFORMATION CONTACT: Joseph Perera, (202) 622–6040 (not a toll-free number). SUPPLEMENTARY INFORMATION: 76037 Jkt 226001 Paragraph 1. The authority citation for part 301 continues to read in part as follows: ■ Authority: 26 U.S.C. 7805 * * * Par. 2. Section 301.7701–2T is revised to read as follows: ■ § 301.7701–2T Business entities; definitions (temporary). (a) through (c)(2)(iv) [Reserved]. For further guidance, see § 301.7701–2(a) through (c)(2)(iv). (A) In general. Section § 301.7701– 2(c)(2)(i) (relating to certain wholly owned entities) does not apply to taxes imposed under Subtitle C—Employment Taxes and Collection of Income Tax (Chapters 21, 22, 23, 23A, 24 and 25 of the Internal Revenue Code). However, § 301.7701–2(c)(2)(i) does apply to withholding requirements imposed under section 3406 (backup withholding). The owner of a business entity that is disregarded under § 301.7701–2 is subject to the withholding requirements imposed under section 3406 (backup withholding). Section 301.7701– 2(c)(2)(i) also applies to taxes imposed under Subtitle A, including Chapter 2— Tax on Self Employment Income. The owner of an entity that is treated in the PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 DEPARTMENT OF JUSTICE 28 CFR Part 50 [Docket No. OAG 142; AG Order No. 3314– 2011] RIN 1105–AB38 Office of the Attorney General; Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country Office of the Attorney General, Department of Justice. ACTION: Final rule. AGENCY: This rule establishes the procedures for an Indian tribe whose Indian country is subject to State criminal jurisdiction under Public Law 280 (18 U.S.C. 1162(a)) to request that the United States accept concurrent criminal jurisdiction within the tribe’s Indian country, and for the Attorney General to decide whether to consent to such a request. DATES: Effective Date: This rule is effective January 5, 2012. FOR FURTHER INFORMATION, CONTACT: Mr. Tracy Toulou, Director, Office of Tribal SUMMARY: E:\FR\FM\06DER1.SGM 06DER1

Agencies

[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Rules and Regulations]
[Pages 76035-76037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31273]


-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Part 126

RIN 1400-AD00
[Public Notice 7708]


Amendment to the International Traffic in Arms Regulations: 
Additional Method of Electronic Payment of Registration Fees

AGENCY: Department of State.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations (ITAR) to identify the Federal Reserve Wire Network 
(FedWire) as another method of electronic payment of registration fees, 
so as to provide a choice in and facilitate the submission of fees by 
registrants.

DATES: This rule is effective December 6, 2011.

FOR FURTHER INFORMATION CONTACT: Tanya A. Phillips, Office of Defense 
Trade Controls Compliance, U.S. Department of State, telephone (202) 
632-2797, or email DDTCResponseTeam@state.gov. ATTN: Registration--
Additional Method of Electronic Payment of Registration Fees.

SUPPLEMENTARY INFORMATION:  The Directorate of Defense Trade Controls 
(DDTC) is responsible for the collection of registration fees from 
persons in the business of manufacturing, exporting, and/or brokering 
defense articles or defense services.
    On February 24, 2011, the Department proposed electronic payment as 
the sole method of the submission of registration fees (see the 
proposed rule, ``Amendment to the International Traffic in Arms 
Regulations: Electronic Payment of Registration Fees; 60-Day Notice of 
the Proposed Statement of Registration Information Collection,'' 76 FR 
10291). That proposal received no public comment within the established 
comment period. The final rule (76 FR 45195, July 28, 2011) took effect 
on September 26, 2011, and identified Automated Clearing House (ACH) as 
the means by which U.S. entities may electronically submit their 
registration fees.
    Since the implementation of that rule, a considerable number of 
intended registrants have contacted the Department, inquiring if 
payment may be made using the Federal Reserve Wire Network (FedWire), 
as they were experiencing difficulties in originating ACH transactions. 
This rule seeks to address these concerns. Therefore, to Sec. Sec.  
122.2 and 129.4 of the ITAR, where registration fee payment is 
described, FedWire is added as an acceptable electronic payment method.

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department of State is of the opinion that controlling the 
import and export of defense articles and services is a foreign affairs 
function of the United States Government and that rules implementing 
this function are exempt from section 553 (Rulemaking) and section 554 
(Adjudications) of the Administrative Procedure Act. Since the 
Department is of the opinion that this rule is exempt from 5 U.S.C. 
553, it is the view of the Department of State that the provisions of 
section 553(d) do not apply to this rulemaking.

Regulatory Flexibility Act

    Since this amendment is not subject to 5 U.S.C. 553, it does not 
require analysis under the Regulatory Flexibility Act.

Unfunded Mandates Act of 1995

    This amendment does not involve a mandate that will result in the 
expenditure by state, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any year and it 
will not significantly or uniquely affect small governments.

[[Page 76036]]

Therefore, no actions were deemed necessary under the provisions of the 
Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This amendment has been found not to be a major rule within the 
meaning of the Small Business Regulatory Enforcement Fairness Act of 
1996.

Executive Orders 12372 and 13132

    This amendment will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this amendment does not have 
sufficient federalism implications to require consultations or warrant 
the preparation of a federalism summary impact statement. The 
regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this amendment.

Executive Order 12866

    The Department is of the opinion that controlling the import and 
export of defense articles and services is a foreign affairs function 
of the United States Government and that rules governing the conduct of 
this function are exempt from the requirements of Executive Order 
12866. However, the Department has reviewed this rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
the Executive Order.

Executive Order 12988

    The Department of State has reviewed this amendment in light of 
sections 3(a) and 3(b) (2) of Executive Order 12988 to eliminate 
ambiguity, minimize litigation, establish clear legal standards, and 
reduce burden.

Executive Order 13563

    The Department of State has considered this rule in light of 
Executive Order 13563, dated January 18, 2011, and affirms that this 
regulation is consistent with the guidance therein.

Executive Order 13175

    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of Executive Order 13175 do not apply to 
this rulemaking.

Paperwork Reduction Act

    This rule does not impose any new reporting or recordkeeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Parts 122 and 129

    Arms and munitions, Exports.
    Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, parts 122 and 129 are amended as follows:

PART 122--REGISTRATION OF MANUFACTURERS AND EXPORTERS

0
1. The authority citation for part 122 continues to read as follows:

    Authority:  Secs. 2 and 38, Public Law 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778); E.O. 11958, 42 FR 4311; 1977 Comp. p. 79, 22 
U.S.C. 2651a.


0
2. Section 122.2 is amended by revising paragraph (a) to read as 
follows:


Sec.  122.2  Submission of registration statement.

    (a) General. An intended registrant must submit a Department of 
State Form DS-2032 (Statement of Registration) to the Office of Defense 
Trade Controls Compliance by registered or overnight mail delivery, and 
must submit an electronic payment via Automated Clearing House or 
Federal Reserve Wire Network payable to the Department of State of one 
of the fees prescribed in Sec.  122.3(a) of this subchapter. Automated 
Clearing House (ACH) and Federal Reserve Wire Network (FedWire) are 
electronic networks used to process financial transactions in the 
United States. Intended registrants should access the Directorate of 
Defense Trade Control's Web site at http://www.pmddtc.state.gov for 
detailed guidelines on submitting an ACH or FedWire electronic payment. 
Electronic payments must be in U.S. currency and must be payable 
through a U.S. financial institution. Cash, checks, foreign currency, 
or money orders will not be accepted. In addition, the Statement of 
Registration must be signed by a senior officer (e.g., Chief Executive 
Officer, President, Secretary, Partner, Member, Treasurer, General 
Counsel) who has been empowered by the intended registrant to sign such 
documents. The intended registrant also shall submit documentation that 
demonstrates that it is incorporated or otherwise authorized to do 
business in the United States. The Directorate of Defense Trade 
Controls will notify the registrant if the Statement of Registration is 
incomplete either by notifying the registrant of what information is 
required or through the return of the entire registration package. 
Registrants may not establish new entities for the purpose of reducing 
registration fees.
* * * * *

PART 129--REGISTRATION AND LICENSING OF BROKERS

0
3. The authority citation for part 129 continues to read as follows:

    Authority:  Sec. 38, Pub. L. 104-164, 110 Stat. 1437, (22 U.S.C. 
2778).


0
4. Section 129.4 is amended by revising paragraph (a) to read as 
follows:


Sec.  129.4  Registration statement and fees.

    (a) General. An intended registrant must submit a Department of 
State Form DS-2032 (Statement of Registration) to the Office of Defense 
Trade Controls Compliance by registered or overnight mail delivery, and 
must submit an electronic payment via Automated Clearing House (ACH), 
Federal Reserve Wire Network (FedWire), or Society for Worldwide 
Interbank Financial Telecommunications (SWIFT), payable to the 
Department of State of the fees prescribed in Sec.  122.3(a) of this 
subchapter. Automated Clearing House and FedWire are electronic 
networks used to process financial transactions originating from within 
the United States and SWIFT is the messaging service used by financial 
institutions worldwide to issue international transfers for foreign 
accounts. Payment methods (i.e., ACH, FedWire, and SWIFT) are dependent 
on the source of the funds (U.S. or foreign bank) drawn from the 
applicant's account. The originating account must be the registrant's 
account and not a third party's account. Intended registrants should 
access the Directorate of Defense Trade Control's Web site at http://www.pmddtc.state.gov for detailed guidelines on submitting ACH, 
FedWire, and SWIFT electronic payments. Payments, including from 
foreign brokers, must be in U.S. currency, payable through a U.S. 
financial institution. Cash, checks, foreign currency, or money orders 
will not be accepted. The Statement of Registration must be signed by a 
senior officer (e.g., Chief Executive Officer, President, Secretary, 
Partner, Member, Treasurer, General Counsel) who has been empowered by 
the intended registrant to sign such documents. The intended 
registrant, whether a U.S. or foreign person, shall submit 
documentation that demonstrates it is

[[Page 76037]]

incorporated or otherwise authorized to do business in its respective 
country. Foreign persons who are required to register shall provide 
information that is substantially similar in content to that which a 
U.S. person would provide under this provision (e.g., foreign business 
license or similar authorization to do business). The Directorate of 
Defense Trade Controls will notify the registrant if the Statement of 
Registration is incomplete either by notifying the registrant of what 
information is required or through the return of the entire 
registration package. Registrants may not establish new entities for 
the purpose of reducing registration fees.
* * * * *

    Dated: November 29, 2011.
Ellen O. Tauscher,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 2011-31273 Filed 12-5-11; 8:45 am]
BILLING CODE 4710-25-P