Five-Year Records Retention Requirement for Export Transactions and Boycott Actions

Forms and Documents

Document Name	Status
Change Justification.0096.101012.doc Justification for No Material/Nonsubstantive Change	2012-12-04
EAR 762.6.txt Supplementary Document	2011-02-09
EAR 760.txt Supplementary Document	2011-02-09

IC Document Collections

IC ID	Document Title	Status
4982	Exports	Modified
182242	Antiboycott	Unchanged

ICR Details

OMB Control No: 0694-0096	ICR Reference No: 201207-0694-002
Status: Historical Active	Previous ICR Reference No: 201011-0694-004
Agency/Subagency: DOC/BIS	Agency Tracking No: ECR
Title: Five-Year Records Retention Requirement for Export Transactions and Boycott Actions
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/10/2012
	Date Received in OIRA: 12/04/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2014	04/30/2014	04/30/2014
Responses	184,800,892	0	84,000,892
Time Burden (Hours)	528	0	248
Cost Burden (Dollars)	0	0	0

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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.

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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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 75453	12/03/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 12933	03/09/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Antiboycott
Exports

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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	184,800,892	84,000,892	0	100,800,000	0	0
Annual Time Burden (Hours)	528	248	0	280	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: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: BIS is requesting an increase in respondents/responses and burden hours in order to support publication of a final rule implementing the first phase of the President's Export Control Reform (ECR) initiative. The rule is entitled "Revisions to the Export Administration Regulations: Initial Implementation of Export Control Reform" (RIN 0694-AF65).

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

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Common Form ICR:  No

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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: 12/04/2012

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