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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
0694-0096
ICR Reference No:
202006-0694-001
Status:
Historical Active
Previous ICR Reference No:
201701-0694-002
Agency/Subagency:
DOC/BIS
Agency Tracking No:
Renewal
Title:
Five-Year Records Retention Requirement for Export Transactions and Boycott Actions
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
08/24/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/23/2020
Terms of Clearance:
This collection is approved based on the revised materials provided by the Department.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
08/31/2023
36 Months From Approved
08/31/2020
Responses
84,001,520
0
1,800,412
Time Burden (Hours)
23,358
0
30,007
Cost Burden (Dollars)
0
0
0
Abstract:
The five year records retention requirement enables BIS to detect violations from records up to five years old to correspond with the five year statue of limitations and prove that a violation did or did not take place. All parties involved in the export, reexport, transshipment or diversion of items subject to the EAR and the U.S. party involved in the export transaction involving a reportable boycott request are required to maintain records of these activities for a period of five years. The frequency depends upon how often each entity is involved in an export transaction or one involving a reportable boycott request. This five-year retention period for export documents to be retained corresponds with the five year statute of limitations for criminal actions brought under the ECRA predecessor acts (18 U.S.C. 3282) and the five year statute for administrative compliance proceedings (28 U.S.C. 2462).
Authorizing Statute(s):
US Code:
50 USC 1702
Name of Law: International Emergency Economic Powers Act
PL:
Pub.L. 96 - 72 5, 6, 7
Name of Law: Export Administration Act of 1979
EO: EO 13222 Name/Subject of EO: Continuation of Export Control Regulations
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
85 FR 19134
04/06/2020
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 36185
06/15/2020
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Antiboycott
Exports
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
84,001,520
1,800,412
0
82,201,108
0
0
Annual Time Burden (Hours)
23,358
30,007
0
-6,649
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
A slight increase in burden hours for Antiboycott is requested due to an increase in reports for calendar year 2019 - from an average of 412 annually to an estimated 1,520 per year. A decrease in burden hours for Exports is requested due to a more accurate accounting of respondents and documentation. Previously, 1,800,000 respondents were accounted for which is now discovered to be only 100,000, and with a more accurate accounting for documentation this actually lowers the burden hours requested by 6,649.
Annual Cost to Federal Government:
$136
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
Agency Contact:
Mark Crace 202 482-8093 mark.crace@bis.doc.gov
Common Form ICR:
No
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:
06/23/2020
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