Request to Change End User, End Use and/or Destination of Hardware

Forms and Documents

Document Name	Status
Form DS-6004 Request to Change End User, End Use and/or Destination of Hardware Form	Modified
20200501_United States Department of State Washington, D.C. 2052.pdf Supplementary Document	2020-05-01
ReEx Legal Authorities.doc Supplementary Document	2019-01-28
Emergency Change Request Supporting Statement (1405-0173)-DS-6004 final.docx Supporting Statement A	2020-04-29

IC Document Collections

IC ID	Document Title	Status
43823	Request to Change End User, End Use and/or Destination of Hardware Form	Modified

ICR Details

OMB Control No: 1405-0173	ICR Reference No: 202004-1405-002
Status: Active	Previous ICR Reference No: 201901-1405-001
Agency/Subagency: STATE/AFA	Agency Tracking No:
Title: Request to Change End User, End Use and/or Destination of Hardware
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 05/01/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/01/2020
	Date Received in OIRA: 05/01/2020
Terms of Clearance: Emergency clearance approved under 5 CFR § 1320.13. Any previous TOC continue to apply.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2020	6 Months From Approved	04/30/2022
Responses	1,563	0	500
Time Burden (Hours)	1,563	0	500
Cost Burden (Dollars)	0	0	0

---

Abstract: The “Request to Change End-User, End-Use and/or Destination of Hardware” information collection is used to request DDTC approval prior to any sale, transfer, transshipment, or disposal, whether permanent or temporary, of classified or unclassified defense articles to any end-user, end-use or destination other than as stated on a license or other approval.

Emergency Justfication: The Directorate of Defense Trade Controls (DDTC) requests emergency approval for a change request to 1405-0173 due to the ongoing SARS-COV2 pandemic requiring DDTC staff to work remotely. Requests under this information collection may sometimes be sent to DDTC via hard copy (mailed in submissions). On March 13, 2020 the Under Secretary of State for Management notified all Department employees that Department leadership had been directed “to maximize telework flexibilities, consistent with OMB guidance to both benefit and protect” employees. Consistent with this and subsequent Department guidance, DDTC has implemented maximum telework flexibilities and the number of employees present in DDTC offices. DDTC understands that U.S. exporters are implementing similar policies across the country. These practices are consistent with public health guidance from the U.S. Government to practice social distancing and maximize telework arrangements whenever possible to slow the spread of the novel coronavirus. These practices are also consistent with stay-home orders issued by several states – including New York, California, Maryland, the District of Columbia, and Virginia – which mandate the closure of non-essential businesses. With limited staff in the office due to the SARS-COV2 pandemic, it is very difficult for DDTC to receive, review and process mailed in submissions. In order to ensure continuity of operations within DDTC and among ITAR-registered entities and to continue its mission of ensuring that commercial exports of defense articles and defense services advance U.S. national security and foreign policy objectives, there must be a mechanism in place to receive all authorization requests during the SARS-COV2 pandemic. DDTC’s proposed solution is to modify the DS-6004 in the Defense Export Control and Compliance System (DECCS) to allow for the upload of electronic General Correspondence submissions. The Department has therefore determined that: 1. The change to this information collection is needed prior to the expiration of time periods normally associated with a routine submission for review under the provisions of the Paperwork Reduction Act; 2. The change to the information collection is essential to the mission of the Department of State; and 3. The use of normal clearance procedures will prevent the Department from obtaining this information when needed, severely impacting the Department’s ability to regulate the import and export of defense articles and defense services. Therefore, the Department of State requests emergency OMB approval for this change request by May 1, 2020.

---

Authorizing Statute(s): EO: EO 13637 Name/Subject of EO: Administration of Reformed Export Controls
   US Code: 22 USC 2778 Name of Law: Control of arms exports and imports
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Request to Change End User, End Use and/or Destination of Hardware	DS-6004	APPLICATIONS (REEXPORTS AND RETRANSFERS)

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,563	500	0	1,063	0	0
Annual Time Burden (Hours)	1,563	500	0	1,063	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The revised respondent number is based on the submissions identified during a review of the database. DDTC has added a submission type ‘Other’ to the DS-6004 and will allow for electronic upload of supporting documentation.

---

Annual Cost to Federal Government: $61,434

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/01/2020

---