Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Rules and Regulations 25287 DEPARTMENT OF STATE and exception to the requirement in DEPARTMENT OF THE TREASURY ITAR parts 122 and 129 to renew 22 CFR Parts 120, 122, 123, 124, and registration as a manufacturer, exporter, Fiscal Service 129 and/or broker and pay a fee on an [Public Notice: 11094] annual basis by extending ITAR 31 CFR Part 208 registrations with an expiration date of [Docket No.: FISCAL–2018–0001] International Traffic in Arms February 29, March 31, April 30, May Regulations: Notification of Temporary 31, or June 30, 2020—for two (2) months RIN 1510–AB26 Suspension, Modification, or from the original date of expiration. Exception to Regulations 2. As of March 13, 2020, a temporary Management of Federal Agency suspension, modification, and exception Disbursements AGENCY: Department of State. to the limitations on the duration of AGENCY: ACTION: Temporary suspensions, ITAR licenses and agreements contained Bureau of the Fiscal Service, modifications, and exceptions. in ITAR parts 120 through 130, Fiscal Service, Treasury. including but not necessarily limited to ACTION: Final rule. SUMMARY: The Department of State is ITAR §§ 123.5(a), 123.21(a), and issuing this document to inform the SUMMARY: The Department of the 129.6(e), to extend any license or public of certain temporary Treasury (Treasury), Bureau of the agreement that expires between March suspensions, modifications, and 13, 2020 and May 31, 2020—for six (6) Fiscal Service (Fiscal Service or ‘‘we’’), exceptions for the durations described months from the original date of is adopting the changes proposed in its herein to several provisions of the expiration so long as there is no change Notice of Proposed Rulemaking for its International Traffic in Arms to the scope or value of the regulation that requires electronic Regulations (ITAR). These actions are authorization and no Name/Address delivery of all Federal payments aside taken in order to ensure continuity of changes are required. This six (6) month from tax payments. The final rule operations within the Directorate of extension is warranted in light of the eliminates obsolete references in the Defense Trade Controls (DDTC) and unique challenges applicants face in the regulation, including references to the among entities registered with DDTC SM current environment when attempting Electronic Transfer Account (ETA ). In pursuant to the ITAR during the current to coordinate with U.S. and foreign addition, the final rule provides for the SARS–COV2 public health emergency. business partners regarding the scope of disbursement of non-benefit payments, DATES: This document is issued May 1, applications. including tax payments, through 2020. 3. As of March 13, 2020, a temporary Treasury-sponsored accounts, such as FOR FURTHER INFORMATION CONTACT: suspension, modification, and exception the U.S. Debit Card. The final rule does Sarah Heidema, Office of Defense Trade to the requirement that a regular not mandate the electronic delivery of Controls Policy, U.S. Department of employee, for purposes of ITAR tax payments or affect the Direct ® State, telephone (202) 663–1282, or § 120.39(a)(2), work at the company’s Express program, which will continue email [email protected]. facilities, to allow the individual to to be available to recipients of benefit ATTN: Notice of Suspension, work at a remote work location, so long payments. Modification, or Exception. as the individual is not located in DATES: Effective June 1, 2020. SUPPLEMENTARY INFORMATION: Russia or a country listed in ITAR In order to ADDRESSES: You can download this final ensure continuity of operations within § 126.1. This suspension, modification, rule at the following internet address: the Directorate of Defense Trade and exception shall terminate on July https://fiscal.treasury.gov/fsservices/ 31, 2020, unless otherwise extended in Controls (DDTC) and among entities gov/pmt/eft/regulations.htm. registered with DDTC pursuant to part writing. FOR FURTHER INFORMATION CONTACT: 122 of the International Traffic in Arms 4. As of March 13, 2020, a temporary Regulations (ITAR), DDTC provides suspension, modification, and exception Brett Smith, Director, EFT Strategy notice of the temporary suspension, to authorize regular employees of Division, at (202) 874–6666 or modification, or exception to several licensed entities who are working [email protected]; Natalie ITAR provisions. These actions are remotely in a country not currently H. Diana, Senior Counsel, at (202) 874– being taken pursuant to ITAR § 126.2, authorized by a technical assistance 6680 or natalie.diana@ which allows for the temporary agreement, manufacturing license fiscal.treasury.gov; or Caitlin Gehring, suspension or modification of agreement, or exemption to send, Attorney Advisor, at (202) 874–5710 or provisions of the ITAR, and ITAR receive, or access any technical data [email protected]. § 126.3, which allows for exceptions to authorized for export, reexport, or SUPPLEMENTARY INFORMATION: retransfer to their employer via a provisions of the ITAR. These actions I. Background are in the interest of the security and technical assistance agreement, foreign policy of the United States. manufacturing license agreement, or On October 16, 2019, we published a Further, they are warranted as a result exemption so long as the regular Notice of Proposed Rulemaking (NPRM) of the exceptional and undue hardships employee is not located in Russia or a at 84 FR 55267, requesting comment on and risks to safety caused by the public country listed in ITAR § 126.1. This proposed amendments to 31 CFR part health emergency related to the SARS– suspension, modification, and exception 208 (part 208), which implements the COV2 pandemic. The President shall terminate on July 31, 2020, unless requirements of 31 U.S.C. 3332 (Section declared a national emergency on March otherwise extended in writing. 3332). Section 3332 generally requires 13, 2020, as a result of this public health Authority: 22 CFR 126.2 and 126.3 that all Federal nontax payments be crisis.1 made by electronic funds transfer (EFT), 1. As of February 29, 2020, a Zachary A. Parker, unless waived by the Secretary of the temporary suspension, modification, Director, Office of Directives Management, Treasury. The Secretary must ensure U.S. Department of State. that individuals required to receive 1 Proclamation 9994 of March 13, 2020, 85 FR [FR Doc. 2020–08839 Filed 4–30–20; 8:45 am] Federal payments by EFT have access to 15337 (Mar. 18, 2020). BILLING CODE 4710–25–P an account at a financial institution ‘‘at VerDate Sep<11>2014 08:05 May 01, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\01MYR1.SGM 01MYR1 25288 Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Rules and Regulations a reasonable cost’’ and with ‘‘the same financial institution designated as Fiscal sponsored accounts may be made using consumer protections with respect to Service’s financial agent. Federal any kind of electronic funds transfer, the account as other account holders at entities and programs use the U.S. Debit including mobile payments, push the same financial institution.’’ See 31 Card to make payments for a variety of payments and payment over debit and U.S.C. 3332(f), (i)(2). Direct deposit is purposes, including stipends, awards, credit card networks, whether these the primary method used to make EFT grants, and travel reimbursements for payment methods are expressly Federal payments. We are updating part local visitors and international guests. referenced in the wording of the 208 to reflect the evolution of Fiscal In recent years, Fiscal Service has definition or not. Service’s payment technologies and to engaged in testing and developing eliminate obsolete ETA references and payment methods to facilitate the III. Summary of Final Rule expired EFT waiver categories. The electronic delivery of Federal non- In the Final Rule we are adopting all waiver categories that have not expired benefit payments, in order to reduce of the amendments to part 208 that were remain in place without change. We are check payments and provide more proposed in the NPRM, as follows: adopting as final all of the amendments options for payment recipients. In We are removing now-obsolete proposed in the NPRM. particular, Fiscal Service is testing the references to the ETA from the Fiscal Service has had great success in delivery of payments to virtual accounts regulation. The ETA program ended in reducing check payments, but still must (which are accessed online or through a September 2018. print and mail more than 50 million mobile device rather than a plastic We are eliminating waiver provisions checks each year. More than half of card), as well as implementing that have expired due to the passage of these are for non-benefit payments, capabilities to enable payment time. When part 208 was promulgated especially tax payments. Over the years, recipients to receive payments in real- in 2010, it included a provision stating Fiscal Service has implemented time by providing a debit card number. that individuals receiving Federal multiple solutions to facilitate The U.S. Debit Card program now payments by check on March 1, 2011, electronic payments. includes this functionality. could continue to do so through A. ETA II. Public Comment and Fiscal Service February 28, 2013. In addition, the rule provides that individuals who file In conjunction with the 1998 Response claims for Federal benefits before March publication of part 208, Fiscal Service Fiscal Service sought public comment 1, 2011, and who request check developed the ETA, a low-cost account on the proposed rule for 60 days to payments when they file, may receive offered by participating financial assist the agency in giving full payments by check through February institutions for those individuals who consideration to the matters discussed 28, 2013.