30-Day Notice of Proposed Information Collection: Request To Change End-User, End-Use and/or Destination of Hardware and Open General Licenses, 397-398 [2022-28561]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 88, Number 2 (Wednesday, January 4, 2023)]
[Notices]
[Pages 397-398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.reginfo.gov/public/do/PRAMain. 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 [email protected]. SUBJECT: 30-Day Notice of Proposed 
Information Collection--Request to Change End-user, End-use and/or 
Destination and Open General Licenses.

SUPPLEMENTARY INFORMATION: 
     Title of Information Collection: Request to Change End-
User, End-Use and/or Destination of Hardware and Open General Licenses.
     OMB Control Number: 1405-0173.
     Type of Request: Revision and extension of a currently 
approved collection.
     Originating Office: Directorate of Defense Trade Controls 
(DDTC).
     Form Number: DS-6004.
     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).
     Estimated Number of Respondents: 1,695.
     Estimated Number of Responses: 2,234.
     Average Time per Response: 1 hour.
     Total Estimated Burden: 2,234 hours.
     Frequency: On occasion.
     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.
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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