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

ICR 202006-0694-001

OMB: 0694-0096

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2020-08-24
Supplementary Document
2020-06-16
Supplementary Document
2020-06-16
IC Document Collections
IC ID
Document
Title
Status
4982
Modified
182242
Modified
ICR Details
0694-0096 202006-0694-001
Active 201701-0694-002
DOC/BIS Renewal
Five-Year Records Retention Requirement for Export Transactions and Boycott Actions
Extension without change of a currently approved collection   No
Regular
Approved with change 08/24/2020
Retrieve Notice of Action (NOA) 06/23/2020
This collection is approved based on the revised materials provided by the Department.
  Inventory as of this Action Requested Previously Approved
08/31/2023 36 Months From Approved 08/31/2020
84,001,520 0 1,800,412
23,358 0 30,007
0 0 0

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).

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
  
None

Not associated with rulemaking

  85 FR 19134 04/06/2020
85 FR 36185 06/15/2020
No

2
IC Title Form No. Form Name
Exports
Antiboycott

  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
Yes
Miscellaneous Actions
Yes
Miscellaneous Actions
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.

$136
No
    No
    No
No
No
No
No
Mark Crace 202 482-8093 mark.crace@bis.doc.gov

  No

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.
06/23/2020


© 2024 OMB.report | Privacy Policy