In response to the emergency request memorandum submitted by the SEC on March 2, 2026, OIRA is approving the Commission's request for emergency consideration of OMB control numbers: 3235-0104, 3235-0287, 3235-0328, and 3235-0362, for a period of five months. This action is due to statutory requirements that the SEC issue final rule amendments to implement immediate changes. As a result, normal clearance procedures, including standard notice and comment periods, were not taken with respect to these ICR revisions. Prior to the expiration of this package in five months, the SEC shall undertake the standard notice and comment procedures and describe in its next ICR submissions the comments received and the extent to which commenters' recommendations were adopted.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
08/31/2026
6 Months From Approved
04/30/2028
82,483
0
73,600
49,490
0
44,160
0
0
0
Form ID will be used to determine whether to grant applicants access to EDGAR, and if granted, Form ID will be used to designate specific individuals the applicant authorizes as its account administrator(s) to manage the EDGAR account.
The Securities and Exchange Commission (âCommissionâ) is requesting emergency consideration, pursuant to 44 U.S.C. 3507(j) as implemented at 5 CFR 1320.13, for OMB Control Nos. 3235-0104 (Form 3), 3235-0287 (Form 4), 3235-0362 (Form 5) and 3235-0328 (Form ID) in connection with Release No. 34-104903 (âHolding Foreign Insiders Accountable Act Disclosureâ final rule release).
On December 18, 2025, Congress enacted the Holding Foreign Insiders Accountable Act (HFIA Act). The HFIA Act amended Section 16(a) of the Securities Exchange Act of 1934 (Exchange Act) to require every person who is a director or an officer of a âforeign private issuer,â as that term is defined in 17 CFR 240.3b-4, with a class of equity securities registered pursuant to Section 12 of the Exchange Act (but not 10 percent holders of FPIs) to file Form 3, Form 4, and/or Form 5. Paragraph (b)(2) of the HFIA Act states that the Section 16(a) amendments made by the HFIA Act shall take effect on the date that is 90 days after the date of enactment, or March 18, 2026. Paragraph (d)(1) of the HFIA Act required the Commission to issue final regulations (or amend or rescind, in whole or in part, existing regulations) to carry out the amendments made by the HFIA Act no later than 90 days after the date of enactment.
The Commissionâs final rules, adopted on February 27, 2026, included amendments to the General Instructions to Form 3 to clarify who needs to file the form under the HFIA Act, as well as some technical amendments to Form 3, Form 4, and Form 5. The amendments conformed these forms to the requirements of the HFIA Act. In order to file disclosures on Form 3, Form 4, and Form 5 on the Commissionâs Electronic Data Gathering, Analysis, and Retrieval system (âEDGARâ) (the Commissionâs primary system for companies and individuals to submit documents pursuant to the federal securities laws), directors and officers of FPIs must apply for EDGAR access on Form ID. The final rules will not change Form ID itself, but we anticipate that the number of Form ID filings will increase.
In light of the statutory requirement that directors and officers of any FPI whose securities were registered pursuant to Section 12(b) or (g) of the Exchange Act as of the date of enactment of the
HFIA Act file their initial reports with the Commission on March 18, 2026, and the related requirement that the Commission amend its rules to reflect the changes made by the HFIA Act by that same date, the Commission believes that the use of normal clearance procedures is reasonably likely to disrupt the collection of information mandated by the HFIA Act and cause the Commission to miss its statutory deadline to make conforming changes to its rules.
In connection with this request, the Commission has determined:
1.The collections of information are needed prior to the time periods established under the Paperwork Reduction Act of 1995 and applicable regulations.
2.The collections are essential to the mission of the agency.
3.As discussed above, the Commission cannot reasonably comply with the normal clearance procedures because the use of normal clearance procedures is reasonably likely to disrupt a collection of information and cause a statutory deadline to be missed.
4.The Commission requests OMB approve or disapprove the collections of information by March 18, 2026.
Thank you for considering this request.
The final rules require FPI directors and officers to file Section 16 reports electronically. In order to file Form 3, Form 4, and Form 5 on EDGAR, directors and officers of FPIs must apply for EDGAR access on Form ID. The final rules will not change Form ID itself, but the Commission estimates that the final rules will result in an increase in the paperwork burden of affected respondents. For purposes of the PRA, the Commission estimates that for Form ID the final rules will result in an increase of 5,330 burden hours and $0 for the services of outside professionals.
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:
(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;
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.
Form Form ID Application for EDGAR Access
HFIAA PRA Supporting Statement.final.pdf
Form ID-Application for EDGAR Access