81 FR 59263 - 30-Day Notice of Proposed Information Collection: Technology Security/Clearance Plans, Screening Records, and Non-Disclosure Agreements Pursuant to 22 CFR 126.18

DEPARTMENT OF STATE

Federal Register Volume 81, Issue 167 (August 29, 2016)

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 30 days for public comment preceding submission of the collection to OMB.

[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59263-59264]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20674]


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DEPARTMENT OF STATE

[Public Notice: 9694]


30-Day Notice of Proposed Information Collection: Technology 
Security/Clearance Plans, Screening Records, and Non-Disclosure 
Agreements Pursuant to 22 CFR 126.18

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 30 days for 
public comment preceding submission of the collection to OMB.

DATES: Submit comments directly to the Office of Management and Budget 
up to September 28, 2016.

ADDRESSES: Direct comments to the Department of State Desk Officer in 
the Office of Information and Regulatory Affairs (OIRA) at the Office 
of Management and Budget (OMB). You may submit comments by the 
following methods:
     Email: [email protected]. You must include the 
DS form number, information collection title, and the OMB control 
number in the subject line of your message.
     Fax: 202-395-5806. Attention: Desk Officer for Department 
of State.

FOR FURTHER INFORMATION CONTACT: Direct requests for additional 
information regarding the collection listed in this notice to: Steve 
Derscheid--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 email at 
[email protected].

SUPPLEMENTARY INFORMATION:
     Title of Information Collection: Technology Security/
Clearance Plans, Screening Records, and Non-Disclosure Agreements 
Pursuant to 22 CFR 126.18.
     OMB Control Number: 1405-0195.
     Type of Request: Extension of Currently Approved 
Collection.
     Originating Office: Bureau of Political-Military Affairs, 
Directorate of Defense Trade Controls (PM/DDTC).
     Form Number: No form.
     Respondents: Business and Nonprofit Organizations.

[[Page 59264]]

     Estimated Number of Respondents: 10,000.
     Estimated Number of Responses: 10,000.
     Average Time per Response: 10 hours.
     Total Estimated Burden Time: 100,000 hours.
     Frequency: On occasion.
     Obligation to Respond: Mandatory.
    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 export, temporary import, 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.
    ITAR Sec.  126.18 eliminates, subject to certain conditions, the 
requirement for an approval by DDTC for the reexport of unclassified 
defense articles, which includes technical data, to individuals who are 
dual or third-country national employees of a foreign business entity, 
foreign governmental entity, or international organization that is an 
authorized end-user, foreign signatory, or consignee (including 
transfers to approved sub-licensees) for defense articles, including 
the transfer to dual nationals or third-country nationals who are bona 
fide regular employees of the foreign business entity, foreign 
governmental entity, or international organization.
    To use ITAR Sec.  126.18, 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 under Sec.  126.18(c)(1) by 
requiring a security clearance approved by the host nation government 
for its employees, or under Sec.  126.18(c)(2) by the end-user or 
consignee having in place a process to screen 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 
unless specifically authorized by the consignee or end-user. ITAR Sec.  
126.18(c)(2) also provides that the technology security/clearance plans 
and screening records shall be made available to DDTC or its agents for 
civil or criminal law enforcement purposes upon request.
    Methodology: When information kept on file pursuant to this 
recordkeeping requirement is required to be sent to the Directorate of 
Defense Trade Controls, it may be sent electronically or by mail 
according to guidance given by DDTC.

    Dated: August 22, 2016.
Lisa Aguirre,
Managing Director, Directorate of Defense Trade Controls, Department of 
State.
[FR Doc. 2016-20674 Filed 8-26-16; 8:45 am]
 BILLING CODE 4710-25-P