60-Day Notice of Proposed Information Collection: Disclosure of Violations of the Arms Export Control Act, 2382 [2023-00607]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Notices]
[Page 2382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00607]


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DEPARTMENT OF STATE

[Public Notice 11930]


60-Day Notice of Proposed Information Collection: Disclosure of 
Violations of the Arms Export Control Act

ACTION: Notice of request for public comment.

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SUMMARY: The Department of State is seeking Office of Management and 
Budget (OMB) approval for the information collection described below. 
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 60 days for 
public comment preceding submission of the collection to OMB.

DATES: The Department will accept comments from the public up to March 
14, 2023.

ADDRESSES: You may submit comments by any of the following methods:
     Web: Persons with access to the internet may comment on 
this notice by going to www.Regulations.gov. You can search for the 
document by entering ``Docket Number: DOS-2022-0047'' in the Search 
field. Then click the ``Comment Now'' button and complete the comment 
form.
     Email: [email protected].
     Regular Mail: Send written comments to: Directorate of 
Defense Trade Controls, Department of State; 2401 E St. NW, Suite 
H1205, Washington DC 20522.
    You must include the DS form number, information collection title, 
and the OMB control number in any correspondence.

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, Directorate of Defense Trade 
Controls, Department of State, who may be reached at 
[email protected] or 202-992-0973.

SUPPLEMENTARY INFORMATION: 
 Title of Information Collection: Disclosure of Violations of 
the Arms Export Control Act
 OMB Control Number: 1405-0179
 Type of Request: Extension of a Currently Approved Collection
 Originating Office: T/PM/DDTC
 Form Number: DS-7787
 Respondents: Individuals and companies engaged in the business 
of exporting, temporarily importing, or brokering, defense articles or 
defense services who have committed an ITAR violation.
 Estimated Number of Respondents: 12,500
 Estimated Number of Responses: 600
 Average Time per Response: 10 hours
 Total Estimated Burden Time: 6,000 hours
 Frequency: On occasion
 Obligation to Respond: Voluntary

    We are soliciting public comments to permit the Department to:
     Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department.
     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.
     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 
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

    The Directorate of Defense Trade Controls (DDTC), located in the 
Political-Military Affairs Bureau of the Department of State, 
encourages voluntary disclosures of violations of the Arms Export 
Control Act (AECA) (22 U.S.C. 2751 et seq.), its implementing 
regulations, the International Traffic in Arms Regulations (ITAR) (22 
CFR 120-130), and any regulation, order, license, or other 
authorization issued thereunder. The information disclosed is analyzed 
by DDTC to ultimately determine whether to take administrative action 
concerning any violation that may have occurred. Voluntary disclosures 
may be considered a mitigating factor in determining the administrative 
penalties, if any, that may be imposed. Failure to report a violation 
may result in circumstances detrimental to the U.S. national security 
and foreign policy interests and will be an adverse factor in 
determining the appropriate disposition of such violations. Also, the 
activity in question might merit referral to the Department of Justice 
for consideration of whether criminal prosecution is warranted. In such 
cases, DDTC will notify the Department of Justice of the voluntary 
nature of the disclosure, but the Department of Justice is not required 
to give that fact any weight.
    ITAR Sec.  127.12 describes the information which should accompany 
a voluntary disclosure. Historically, respondents to this information 
collection submitted their disclosures to DDTC in writing via hard copy 
documentation. However, as part of an IT modernization project designed 
to streamline the collection and use of information by DDTC, a discrete 
form has been developed for the submission of voluntary disclosures. 
This will allow both DDTC and respondents submitting a disclosure to 
more easily track submissions.

Methodology

    This information will be collected by electronic submission.

Kevin E. Bryant,
Deputy Director, Office of Directives Management, Department of State.
[FR Doc. 2023-00607 Filed 1-12-23; 8:45 am]
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