0694.0017[1]suppstmt

SUPPORTING STATEMENT

U.S. Department of Commerce

Bureau of Industry and Security

International Import Certificate

EAR Section 748.10 and Supp. 5 to Part 748, Form BIS-645P

OMB No 0694-0017

A. Justification

1. Explain the circumstances that make the collection of information necessary.

Section 15(b) of the Export Administration Act (EAA) of 1979, as amended, authorizes the President and the Secretary of Commerce to issue regulations to implement the EAA including those provisions authorizing the control of exports of U.S. goods and technology to all foreign destinations, as necessary for the purpose of national security, foreign policy and short supply, and the provision prohibiting U.S. persons from participating in certain foreign boycotts. Export control authority has been assigned directly to the Secretary of Commerce by the EAA and delegated by the President to the Secretary of Commerce. This authority is administered by the Bureau of Industry and Security (BIS) through the Export Administration Regulations (EAR). The EAA is not permanent legislation, and when it has lapsed due to the failure to enact a timely extension, Presidential executive orders under the International Emergency Economic Powers Act (IEEPA) have directed and authorized the continuation in force of the EAR.

2. Explain how, by whom, how frequently, and for what purpose the information will be used. If the information collected will be disseminated to the public or used to support information that will be disseminated to the public, then explain how the collection complies with all applicable Information Quality Guidelines.

This collection of information is Form BIS‑645P, International Import Certificate. The United States and several other countries have undertaken to increase the effectiveness of their respective controls over international trade in strategic commodities by means of an Import Certificate procedure. For the U.S. importer, this procedure provides that, where required by the exporting country with respect to a specific transaction, the importer certifies to the U.S. Government that he/she will import specific commodities into the United States and will not reexport such commodities except in accordance with the export control regulations of the United States. The U.S. Government, in turn, certifies that such representations have been made.

This procedure takes the following steps:

a. The foreign exporter of a controlled commodity advises his/her U.S. importer that the U.S. Import Certificate is required.

b. The U.S. importer obtains the Form BIS‑645P, International Import Certificate from BIS.

c. The U.S. importer completes the form (3 copies) and returns it to BIS for review and certification.

d. After approval and certification, two copies are returned to the importer to transmit one to the foreign exporter, the second copy is retained by the applicant and the third copy is retained in BIS files. Comparable procedures with respect to exports from the United States are followed by the other countries.

If these collections of information were not conducted there would be less control of where strategic commodities are destined for import to the U.S. or exported from the U.S. These controls are vital for assuring that these commodities are not diverted to unauthorized end‑users or to prohibited destinations.

The confirmation copies maintained by BIS and the foreign governments provide an investigative reference source in cases of alleged export violations. Moreover, this requirement is mandated by the agreement with other Import Certificate participating countries to mutually exercise controls of exports and imports of commodities controlled for reasons of national security.

The Section 515 Information Quality Guidelines apply to this information collection and comply with all applicable information quality guidelines, i.e., OMB, Department of Commerce, and specific operating unit guidelines.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological techniques or other forms of information technology.

BIS has created an electronic form-fillable PDF version of the BIS-645P using Adobe Acrobat Professional software. BIS hopes to finalize this form and obtain clearance to publish the form on the BIS web site (www.bis.doc.gov).

4. Describe efforts to identify duplication.

This collection is not duplicated elsewhere. The respondents are U.S. importers who provide information related to specific commodities exported to the U.S. by specific foreign exporters. This information is not available from any source other than from the respondent.

5. If the collection of information involves small businesses or other small entities, describe the methods used to minimize burden.

This collection of information must be adhered to by all U.S. importers regardless of size.

6. Describe the consequences to the Federal program or policy activities if the collection is not conducted or is conducted less frequently.

If the collections were conducted less frequently violations of the EAA and the EAR would increase to the detriment of international mutual security interests. Anything less than a full collection would not provide the necessary controls over international trade in strategic commodities.

7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.

There are no special circumstances that require the collection to be conducted in a manner inconsistent with the guidelines in 5 CFR 1320.6.

8. Provide a copy of the PRA Federal Register notice that solicited public comments on the information collection prior to this submission. Summarize the public comments received in response to that notice and describe the actions taken by the agency in response to those comments. Describe the efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

The notice requesting public comment was published in the Federal Register, Vol. 71, No. 184, on September 22, 2006, p. 55424. No comments were received.

9. Explain any decisions to provide payments or gifts to respondents, other than remuneration of contractors or grantees.

There is no plan to provide any payment or gift to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for assurance in statute, regulation, or agency policy.

Section 12(c) of the EAA provides for the confidentiality of licensing information

submitted to the Department of Commerce.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.

There are no questions of a sensitive nature.

12. Provide an estimate in hours of the burden of the collection of information.

This collection of information consists of approximately 340 responses annually, an increase from 316. Based on an average time of 15 minutes for preparing each response, plus one minute each for recordkeeping, the annual burden for this collection is 91 hours.

Responses ‑340 @ 15 minutes each = 85 hours

Recordkeeping ‑340 @ 1 minute each = 6 hours

TOTAL 91 hours

Due to a miscalculation in the previous submission, the annual burden hours are the same even though there was an increase in responses. The previous submission burden hours should have been 79 not 85.

The annual cost to the respondents is estimated to be $1,820. This is based on an average cost of $20 per hour.

13. Provide an estimate of the total annual cost burden to the respondents or record-keepers resulting from the collection (excluding the value of the burden hours in #12 above).

Since no special equipment is required for this activity, there are no capitalized costs associated with this collection of information.

14. Provide estimates of annualized cost to the Federal government.

The total annual cost to the Federal Government is estimated to be $2,570. This based on 5 minutes to process each of the 340 certificates at an average salary of $20.00 per hour.

The total cost also includes approximately $2,000.00 per year for the equipment used for certifying, mailing, and filing the data.

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB 83-I.

The adjustment is an increase of 6 burden hours. The increase is the result of increased imports of high technology items from foreign producers.

16. For collections whose results will be published, outline the plans for tabulation and publication.

There are no plans to publish this information for statistical purposes.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate.

BIS is seeking approval to not display the expiration date for OMB approval of the information collection because the collection is perpetual in nature and the paper form is typically in circulation worldwide. To have the form reprinted each time the OMB authorization changes serves only to make otherwise good forms become obsolete.

18. Explain each exception to the certification statement identified in Item 19 of the

OMB 83-I.

Not applicable.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

Not applicable.

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