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	Unchanged
2022-15433 (FR Notice - Pub Inspect version).pdf Supplementary Document	2022-07-19
Justification for Emergency Review - OGL Pilot Program (submission version).docx Supplementary Document	2022-07-19
Legal Authorities for OGL Pilot Program.docx Supplementary Document	2022-07-19
ReEx Legal Authorities.docx Supplementary Document	2020-11-30
Supporting Statement for Emergency Processing - OGL Pilot Program (submission version).docx Supporting Statement A	2022-07-19

IC Document Collections

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

ICR Details

OMB Control No: 1405-0173	ICR Reference No: 202207-1405-003
Status: Active	Previous ICR Reference No: 202011-1405-004
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: 07/19/2022
OIRA Conclusion Action: Approved with change	Conclusion Date: 07/19/2022
	Date Received in OIRA: 07/19/2022
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2023	6 Months From Approved	03/31/2025
Responses	1,563	0	1,563
Time Burden (Hours)	1,563	0	1,563
Cost Burden (Dollars)	0	0	0

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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 Department of State, Directorate of Defense Trade Controls (DDTC) is launching a pilot program pursuant to its authorities under section 38 of the Arms Export Control Act (AECA) and its implementing International Traffic in Arms Regulations (ITAR), specifically section 126.9(b), in order to assess the concept of an Open General License (OGL) mechanism by which it may authorize certain transfers of defense articles to predetermined parties. OGLs would eliminate the need for the Department to review and approve certain lower-risk transactions involving certain known recipients on a case-by-case basis. DDTC designed the OGL pilot program chiefly to support the efforts of Australia, Canada, and the United Kingdom to maintain, repair, and store defense articles in their existing inventories. These allies were chosen because of the unique measures in place in these countries to protect U.S-origin defense articles. During the development of the OGL pilot program, Russia launched an unanticipated full-scale invasion of Ukraine. Due to Ukraine’s robust response, the war has continued for some time. Australia, Canada, and the United Kingdom responded, and continue to respond, by providing substantial quantities of arms collectively valued at hundreds of millions of dollars to Ukraine for its self-defense. As detailed in open press reports, arms transferred to Ukraine are sometimes returned to the donating country for repair or maintenance purposes. Given the dramatic uncertainty regarding the future of the situation in Ukraine, it is impossible to anticipate the full scope of our Allies’ future arms transfers to Ukraine or the impact that those transfers will have on our Allies’ ability to defend themselves. Open press reports indicate that transfers to Ukraine may necessitate careful attention to ensure that supplying partners retain adequate stocks for their own self-defense. Since individual export authorizations add to the time needed to conduct maintenance and support activities, the need to implement ways to streamline maintenance and support activities is more pressing than ever. More fluid and responsible licensing mechanisms would reduce public harms by supporting Ukraine’s self-defense efforts, better ensuring our Allies’ supply and sustainment of their own defensive weapons, and maintaining the operability of transferring partners’ retained stocks. Regulating the export, including the reexport and retransfer, of defense articles for foreign policy and national security reasons is DDTC’s statutory mission, satisfying 5 C.F.R. § 1320.13(a)(1)(ii) of the emergency processing requirements. Accordingly, the recordkeeping collection of information in the OGLs, designed to mirror existing requirements that would accompany a submission for authorization to reexport or retransfer, is essential prior to the time period normally associated with a routine submission for review under the provisions of the Paperwork Reduction Act (PRA), satisfying 5 C.F.R. § 1320.13(a)(1)(i) of the emergency processing requirements. Information collection burdens on the public have been minimized by parallel recordkeeping requirements. And DDTC intends to submit a routine (PRA) submission in short order. In the meantime, in response to Russia’s unanticipated prolonged war of aggression, this emergency processing request will reduce public harms by having the OGLs provide critical time-saving benefits and better support the supply and sustainment of our Allies’ defensive capabilities, satisfying 5 C.F.R. § 1320.13(a)(2)(i) and (ii) of the emergency processing requirements.

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

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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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	Request ti Change End User/End-Use and/or Destination of Hardware

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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	1,563	0	0	0	0
Annual Time Burden (Hours)	1,563	1,563	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $116,353

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? No

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Common Form ICR:  No

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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: 07/19/2022

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