Request for Advisory Opinion

Forms and Documents

Document Name	Status
9316_PublishedFR_10-13-2015.pdf Supplementary Document	2015-11-12
AdvOp Legal Authorities (1405-0174).doc Supplementary Document	2015-11-12
AdvOp 30-Day Supporting Statement (1405-0174)-Final.docx Supporting Statement A	2015-11-12

IC Document Collections

IC ID	Document Title	Status
43824	Request for Advisory Opinion	Modified

ICR Details

OMB Control No: 1405-0174	ICR Reference No: 201511-1405-005
Status: Historical Active	Previous ICR Reference No: 201209-1405-004
Agency/Subagency: STATE/AFA	Agency Tracking No:
Title: Request for Advisory Opinion
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 without change	Conclusion Date: 12/22/2015
	Date Received in OIRA: 11/12/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2018	36 Months From Approved	01/31/2016
Responses	166	0	250
Time Burden (Hours)	166	0	250
Cost Burden (Dollars)	0	0	0

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Abstract: Pursuant to ITAR §126.9, a person may request an “advisory opinion” from DDTC on whether it would be likely to grant a license or other approval for the export or approval of a particular defense article or defense service to a particular country. Advisory opinions are issued on a case-by-case basis and apply only to the particular matters presented to DDTC. These opinions are not binding on the Department of State, and may not be used in future matters before the Department. A request for an advisory opinion must be made in writing and must outline in detail the equipment, its usage, the security classification (if any) of the articles or related technical data, and the country or countries involved.

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Authorizing Statute(s): US Code: 22 USC 2778 Name of Law: Arms Control Act
   EO: EO 13637 Name/Subject of EO: Administration of Reformed Export Controls
  

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:
	80 FR 31446	06/02/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 61561	10/13/2015
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Request for Advisory Opinion

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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	166	250	0	0	-84	0
Annual Time Burden (Hours)	166	250	0	0	-84	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: The number of respondents has been adjusted from 250 to 166, the most recent estimate. Total annual responses have been adjusted from 250 to 166. Consequently, total annual hours requested have been adjusted to 166. The revised respondent number is a more accurate figure taken directly from DDTC records.

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Annual Cost to Federal Government: $72,000

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: 11/12/2015

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