State Dept's Endless Quest for Security Paperwork Feedback
Published Date: 3/31/2026
Notice
Summary
The Department of State wants to keep collecting info from businesses and nonprofits about their tech security plans, background checks, and confidentiality agreements. They’re asking for public feedback by April 30, 2026, to make sure the process is clear and not too time-consuming. This update won’t cost extra but will keep the paperwork steady, with about 10,000 groups involved and 10 hours needed per response.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
Mandatory ITAR Recordkeeping Burden
If your business or nonprofit is subject to ITAR 22 CFR 126.18(c)(2), you must comply with a mandatory information collection (OMB Control Number 1405-0195). The Department estimates 10,000 respondents, an average 10 hours per response, and a total estimated burden of 100,000 hours; comments on the collection are due April 30, 2026.
Conditions to Use ITAR Sec. 126.18 Transfers
To use ITAR Sec. 126.18 (elimination of DDTC approval for certain transfers of unclassified defense articles), authorized end-users or consignees must have effective procedures: either host-nation government–approved security clearances for employees or a process to screen employees plus executed Non-Disclosure Agreements that prevent unauthorized transfers, per 22 CFR 126.18(c)(2).
Law-Enforcement Access to Security Records
Technology security/clearance plans and screening records kept under 22 CFR 126.18(c)(2) must be made available to the Directorate of Defense Trade Controls (DDTC) or its agents for civil and criminal law enforcement purposes upon request. This access requirement is part of the same mandatory recordkeeping obligation.
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