PRA Supporting Statement TSP and CSP 2011 Renewal FINAL

Renewal of OMB Authorization No. 1505-0168
SUPPORTING STATEMENT

This filing contains the information required by the Office of Management and Budget pursuant
to the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520, and 5 CFR part 1320.
A. Justification.
1. Explain the circumstances that make the collection of information necessary. Identify any
legal or administrative requirements that necessitate the collection. Attach a copy of the
appropriate section of each statute and regulation mandating or authorizing the collection of
information.
This application is submitted to extend the information collection authority with regard to
information collected from Travel Service Providers (“TSP”) and Carrier Service Providers
(“CSP”) and provided to the Office of Foreign Assets Control (“OFAC”) pursuant to the Cuban
Assets Control Regulations set forth in 31 CFR part 515 (the “Regulations”). These Regulations
are implemented pursuant to the Trading With the Enemy Act (50 U.S.C. App. 1-44) and the
Cuban Liberty and Democratic Solidarity Act (22 U.S.C. 6021-91).
Since 1989, OFAC has regulated certain businesses (TSPs and CSPs) that are authorized by
OFAC to engage in limited and regulated business activity with Cuba in connection with travel
to Cuba. TSPs and CSPs handle travel arrangements for persons subject to U.S. jurisdiction to,
from, or within Cuba and provide the service of transporting such passengers to Cuba on
chartered aircraft, respectively. In order for OFAC to ensure that all travel to Cuba on direct
flights from the United States is in accordance with U.S. law, OFAC must collect certain
personal data about the travelers from the TSPs and CSPs. The information is similar to that
collected by a business for commercial purposes in the process of arranging travel, and the
collection of the information is a condition of the TSPs’ and CSPs’ authorizations by OFAC to
provide such services. The collection is as follows:
1) The TSPs first collect personal data (full name, including mother’s maiden name; address;
date of birth; passport country of issuance and number; and category of travel under OFAC
regulations permitting the travel) for each traveler when making a reservation for the traveler
to travel to Cuba.
2) TSPs must provide this information to the CSPs before the CSPs may accept a reservation or
sell a seat on a CSP flight.
3) CSPs then forward, for each traveler, the personal information collected by the TSPs,
coupled with the U.S. departure and return dates and the name of the TSP that arranged for
the travel, to OFAC in Washington, DC, no later than 72 hours after the departure of the
flight.
As a result of policy changes announced by the President on April 13, 2009, and January 14,
2011, and reflected in regulatory changes published by OFAC on September 8, 2009 (74 FR
46000), and January 28, 2011 (76 FR 5072), respectively, there has been an increase in the
frequency and duration of trips to Cuba by authorized travelers. In addition, OFAC has revised
downward its estimate of the time required for a TSP and CSP to gather and enter personal data

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for each authorized traveler. OFAC has revised its estimates of the burden under this
information collection to reflect these changes.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new
collection, indicate the actual use the agency has made of the information received from the
current collection.
The information collected is used by OFAC to verify that all travel to Cuba on direct flights from
the United States is in accordance with U.S. law. Specifically, the information is used by OFAC
to verify that travelers to Cuba on direct flights are licensed by OFAC to engage in such travel
and facilitate OFAC’s learning of, and addressing, potential violations of the Regulations.
3. Describe whether, and to what extent, the collection of information involves the use of
automated, electronic, mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of responses, and the basis for
the decision for adopting this means of collection. Also describe any consideration of using
information technology to reduce burden.
This collection is done completely by electronic mail (e-mail) in order to improve the timeliness,
efficiency and effectiveness of relaying this enforcement-related data to OFAC.
4. Describe efforts to identify duplication. Show specifically why any similar information already
available cannot be used or modified for use for the purposes described in item 2. above.
There is no duplication of records as each submission is specific to a particular person and a
particular travel itinerary.
5. If the collection of information impacts small businesses or other small entities (Item 5 of
OMB Form 83-I), describe any methods used to minimize burden.
The TSPs, who collect this personal information from travelers, and the CSPs, who transmit
these data to OFAC, are businesses that have been granted authorization from OFAC to engage
in Cuba travel transactions for several reasons, including their capability to collect and process
the information travelers to Cuba are required to provide.
CSPs, by their very nature, require sophisticated computer systems containing Internet and email access, as a practical necessity. This fact allows CSPs to easily utilize our user-friendly email format, and entering the data for each traveler should not exceed 4 minutes.
6. Describe the consequence to Federal program or policy activities if the collection is not
conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing
burden.
If the collection were not conducted by OFAC in this electronic format, OFAC’s enforcement of
the Regulations would suffer, as the information would not be timely.
Generally, the information could not be collected less frequently unless it was not collected at
all. For example, the information is only collected on each traveler to Cuba when that traveler

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makes the reservation and is only sent to OFAC once the traveler has purchased a seat on a CSP
flight to Cuba. To collect the information less frequently would result in incomplete records
regarding travel to Cuba, prevent OFAC from tracking and ensuring compliance with the
Regulations, and jeopardize potential civil penalty or other enforcement actions.
7. Explain any special circumstances that require the collection to be conducted in a manner:


requiring respondents to report information to the agency more often than quarterly;
Collection of information from the CSPs is required more often than quarterly because
there are numerous flights a week to Cuba and OFAC needs the information no later than
72 hours after departure from the United States. TSPs must provide the specified
information to CSPs with respect to every reservation on a flight sponsored by that CSP.



requiring respondents to prepare a written response to a collection of information in
fewer than 30 days after receipt of it;
See above.



requiring respondents to submit more than an original and two copies of any document;
CSPs are required to submit only one electronic copy of the required documents.



requiring respondents to retain records, other than health, medical, government contract,
grant-in-aid, or tax records, for more than three years;
TSPs and CSPs are required to retain a copy of the information for five years as a
condition of OFAC authorization to engage in Cuba-related travel transactions.



in connection with a statistical survey, that is not designed to produce valid and reliable
results that can be generalized to the universe of study;
The information collections are not part of a statistical survey.



requiring the use of a statistical data classification that has not been reviewed and
approved by OMB;
Not Applicable.



that includes a pledge of confidentiality that is not supported by authority established in
statute or regulation, that is not supported by disclosure and data security policies that
are consistent with the pledge, or which unnecessarily impedes sharing of data with other
agencies for compatible confidential use;
It is the policy of OFAC to protect the confidentiality of information in appropriate cases
pursuant to the exemptions from disclosure provided under the Freedom of Information
Act and the Privacy Act.



requiring respondents to submit proprietary trade secrets, or other confidential
information unless the agency can demonstrate that it has instituted procedures to protect
the information’s confidentiality to the extent permitted by law.
The information requested is personal identification information for law enforcement
purposes. Moreover, it is the policy of OFAC to protect the confidentiality of
information in appropriate cases pursuant to the exemptions from disclosure provided

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under the Freedom of Information Act and the Privacy Act.
8. If applicable, provide a copy and identify the date and page number of publication in the
Federal Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on
the information collection prior to submission to OMB. Summarize public comments received in
response to that notice and describe actions taken by the agency in response to these comments.
Specifically address comments received on cost and hour burden.
A notice for public comments was published in the Federal Register on October 25, 2011 (76 FR
66132). OFAC received no comments.
Describe 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 record keeping,
disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or
reported.
We solicited comments through the Federal Register notice referenced above and received no
responses. OFAC has determined that the number of respondents would only equal the number
of TSPs and CSPs, as the information collection is required of those entities and not the traveler
who provides the information. In the above-referenced Federal Register notice, the individual
traveler entries, multiplied by two in order to reflect the submission of the information from the
TSP to the CSP and then the submission by the CSP to OFAC for each traveler, were utilized as
the number of respondents. The actual number of direct respondents is currently 303
(representing the 272 licensed TSPs and 31 licensed CSPs).
Consultation with representatives of those from whom information is to be obtained or those who
must compile records should occur at least once every 3 years - even if the collection of
information activity is the same as in prior periods. There may be circumstances that mitigate
against consultation in a specific situation. These circumstances should be explained.
Not applicable.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration
of contractors or grantees.
Respondents receive no payment or gifts for completing the subject electronic manifest.
10. Describe any assurance of confidentiality provided to respondents and the basis for the
assurance in statute, regulation, or agency policy.
The information requested is personal identification information and is needed for law
enforcement. Moreover, it is the policy of OFAC to protect the confidentiality of information
pursuant to the exemptions from disclosure provided under the Freedom of Information Act and
the Privacy Act.
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. This justification should include the reasons why the agency considers the questions

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necessary, the specific uses to be made of the information, the explanation to be given to persons
from whom the information is requested, and any steps to be taken to obtain their consent.
OFAC makes no requests for sensitive information of the type described above.
12. Provide estimates of the hour burden of the collection of information. The statement should:



Indicate the number of respondents, frequency of response, annual hour burden, and an
explanation of how the burden was estimated. Unless directed to do so, agencies should
not conduct special surveys to obtain information on which to base hour burden
estimates. Consultation with a sample (fewer than 10) of potential respondents is
desirable. If the hour burden on respondents is expected to vary widely because of
differences in activity, size, or complexity, show the range of estimated hour burden and
explain the reasons for the variance. Generally, estimates should not include burden
hours for customary and usual business practices.
The time it should take for each TSP to provide the required information with respect to
each traveler to the CSPs is one to four minutes per entry. We anticipate there will be up
to 250,000 entries annually, for all of the TSPs in the aggregate. At four minutes each,
the entries to be made by the TSPs will take approximately 1,000,000 minutes (16,667
hours) annually in the aggregate. The estimate is based on several Treasury employees’
attempts to compile the information that TSPs will forward to CSPs for each traveler.
Completing the electronic manifest form should take CSPs one to four minutes per entry,
and there will be up to 250,000 entries annually, for CSPs in the aggregate. At four
minutes each, the entries to be made by the CSPs will take approximately 1,000,000
minutes (16,667 hours) annually in the aggregate. The estimate is based on several
Treasury employees’ attempts to complete the electronic form that will be required of the
CSPs.

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If the request for approval covers more than one form, provide separate hour burden
estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.
Not applicable.

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Provide estimates of annualized cost to respondents for the hour burdens for collections
of information, identifying and using appropriate wage rate categories. The cost of
contracting out or paying outside parties for information collection activities should not
be included here. Instead, this cost should be included in Item 13.
At 16,667 hours annually for TSPs in the aggregate, the hour burden amounts to 8.33
employees for the TSPs as an aggregate or an average of .03 employees per TSP. At
16,667 hours annually for CSPs in the aggregate, the hour burden amounts to 8.33
employees for the CSPs in the aggregate or an average of .27 employees per CSP.

13. Provide an estimate of the total annual cost burden to respondents or record-keeper
resulting from the collection of information. (Do not include the cost of any hour burden shown
in Items 12 and 14.)

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

The cost estimate should be split into two components: (a) a total capital and start-up
cost component (annualized over its expected useful life) and (b) a total operation and
maintenance component. The estimates should take into account costs associated with
generating, maintaining, and disclosing or providing the information. Include
descriptions of methods used to estimate major cost factors including system and
technology acquisition, expected useful life of capital equipment, the discount rate(s), and
the time period over which costs will be incurred. Capital and start-up costs include,
among other items, preparations for collecting information such as purchasing
computers and software; monitoring, sampling, drilling and testing equipment; and
record storage facilities.
The burden imposed on the CSPs by this electronic form is minimal as OFAC has
provided software and assisted in the installation and maintenance of such software.

The burden imposed on TSPs and CSPs is also minimal since the collection, maintenance and
submission of the information has been required in the past and has been eased further through
the use of software, the internet and e-mail.
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If cost estimates are expected to vary widely, agencies should present ranges of cost
burdens and explain the reasons for the variance. The cost of purchasing or contracting
out information collection services should be a part of this cost burden estimate. In
developing cost burden estimates, agencies may consult with a sample of respondents
(fewer than 10), utilize the 60-day pre-OMB submission public comment process and use
existing economic or regulatory impact analysis associated with the rulemaking
containing the information collection, as appropriate.
Not applicable.



Generally, estimates should not include purchases of equipment or services, or portions
thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with
requirements not associated with the information collection, (3) for reasons other than to
provide information or keep records for the government, or (4) as part of customary and
usual business or private practices.
Not applicable.

14. Provide estimates of annualized cost to the Federal Government. Also, provide a description
of the method used to estimate cost, which should include quantification of hours, operational
expenses (such as equipment, overhead, printing, and support staff), and any other expense that
would not have been incurred without this collection of information. Agencies may also
aggregate cost estimates from paragraphs 12, 13, and 14 in a single table.
The cost to the U.S. Government attributable to this information collection effort is composed of
maintenance and installation of the electronic manifest software, and the daily receipt of the email submissions from the CSPs. This is roughly 240 hours of time by a GS-14 employee. This
cost is far below the alternative costs that would be incurred by the U.S. Government in
receiving approximately 4,800 hardcopy submissions per week and entering the data into a
database.

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15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of
the OMB Form 83-I.
There has been an increase in the number of TSPs (currently there are 272) and CSPs (currently
there are 31). This increase has had no effect on the total annual responses or hours.
16. For collections of information whose results will be published, outline plans for tabulation
and publication. Address any complex analytical techniques that will be used. Provide the time
schedule for the entire project, including beginning and ending dates of the collection of
information, completion of report, publication dates, and other actions.
Results will not be published.
17. If seeking approval to not display the expiration date for OMB approval of the information
collection, explain the reasons that display would be inappropriate.
Not applicable.
18. Explain each exception to the certification statement identified in Item 19, "Certification for
Paperwork Reduction Act Submissions," of OMB Form 83-I.
Not applicable.

B. Collections of Information Employing Statistical Methods.
Not applicable.