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.
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.
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
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:
(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;
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.
Form DS-6004 Request to Change End User, End Use and/or Destination of Hardware
2022-15433 (FR Notice - Pub Inspect version).pdf
Justification for Emergency Review - OGL Pilot Program (submission version).docx
Request to Change End User, End Use and/or Destination of Hardware