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

Forms and Documents

Document Name	Status
0694-0096 Supporting Statement 2020.docx Supporting Statement A	2020-08-24
EAR Part 762.pdf Supplementary Document	2020-06-16
EAR Part 760.pdf Supplementary Document	2020-06-16

IC Document Collections

IC ID	Document Title	Status
4982	Exports	Modified
182242	Antiboycott	Modified

ICR Details

OMB Control No: 0694-0096	ICR Reference No: 202006-0694-001
Status: 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
	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

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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. 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).

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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:
	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

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

IC Title	Form No.	Form Name
Exports
Antiboycott

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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	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.

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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

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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: 06/23/2020

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