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Defense Trade Information Collections Under Review

Tuesday, June 21, 2016
Sandler, Travis & Rosenberg Trade Report

The State Department is accepting comments through Aug. 22 on the following information collections.

- Application for Permanent Export, Temporary Export or Temporary Import of Defense Munitions, Defense Services and Related Technical Data (form DS-7788): State’s Directorate of Defense Trade Controls has historically utilized several form-based submissions to collect information from applicants for export or temporary import licenses. However, as new programmatic requirements have been promulgated in response to changing geopolitical events, legislation or interagency requirements, many aspects of the forms used have become outdated.

This information collection will supersede forms DSP-5, DSP-6, DSP-61, DSP-62, DSP-71 and DSP-74. DDTC has revised and updated the data collection fields to more closely mirror the needs of industry and federal government partners and has acquired a new case management IT solution to modernize its business processes. As a part of this modernization process licensing operations will move from the current, largely form-based submissions to an intuitive system that will allow both industry users and DDTC staff to smoothly and securely navigate the submission and review process. In addition, DDTC has worked with its interagency partners to construct this new licensing application to collate with the International Trade Data System.

- Disclosure of Violations of the Arms Export Control Act (form DS-7787): Voluntary disclosure may be considered a mitigating factor in determining any administrative penalties that may be imposed. Historically, respondents to this information collection submitted their disclosures in writing via hard copy documentation, but 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.

- Statement of Material Change, Merger, Acquisition or Divestment of a Registered Party (form DS-7789): Registrants must notify DDTC in the event of a change in registration information or if the registrant is a party to a merger, acquisition or divestiture of an entity producing or marketing ITAR-controlled items. This information is necessary for DDTC to ensure registration records are accurate, determine whether the transaction is in compliance with the regulations, assess the steps that need to be taken with respect to existing authorizations (e.g., transfers), and evaluate the implications for U.S. national security and foreign policy.

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