Allegation of Counterfeiting and Intellectual Piracy

OMB Control No: 1653-0053	ICR Reference No: 201808-1653-001
Status: Active	Previous ICR Reference No: 201503-1653-002
Agency/Subagency: DHS/USICE	Agency Tracking No: 73-048
Title: Allegation of Counterfeiting and Intellectual Piracy
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: 02/13/2019
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/31/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2022	36 Months From Approved	02/28/2019
Responses	21,711	0	12,000
Time Burden (Hours)	10,856	0	6,000
Cost Burden (Dollars)	573,170	0	0

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Abstract: The "Allegation of Counterfeiting and Intellectual Piracy Form” allows individuals to report suspected violations of intellectual property rights. Individuals filling out this form provide information to Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) about individuals, businesses, and/or organizations suspected of violating counterfeiting and intellectual property rights laws.

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Authorizing Statute(s): US Code: 19 USC 1589a Name of Law: Enforcement authority of customs officers    US Code: 44 USC 3101 Name of Law: Records management by agency heads    US Code: 5 USC 552a Name of Law: Privacy Act    US Code: 18 USC 1905 Name of Law: Uniform Trade Secrets Act of 1979    US Code: 19 USC 1509 Name of Law: Examination of books and witnesses    US Code: 17 USC 508 Name of Law: Copyright infringement    US Code: 18 USC 2319 Name of Law: Copyright infringment    US Code: 18 USC 2319a Name of Law: Unauthorized fixation of and trafficking in sound recordings and music videos of live musical perfor    US Code: 18 USC 2319b Name of Law: Unauthorized recording of Motion pictures in a Motion picture exhibition facility,    US Code: 18 USC 2320 Name of Law: Trafficking in Counterfeit goods or services

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:
	83 FR 39771	08/10/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 53072	10/19/2018
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 Allegation of Counterfeiting and Piracy 73-048 Allegation of Counterfeiting and Piracy

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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	21,711	12,000	0	9,711	0	0
Annual Time Burden (Hours)	10,856	6,000	0	4,856	0	0
Annual Cost Burden (Dollars)	573,170	0	0	573,170	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: No

Burden Reduction Due to:

Short Statement: HSI experienced an increase of 9,711 (21,711 current supporting statement figure – 12,000 year 2015 supporting statement figure = 9,711) leads.

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Annual Cost to Federal Government: $699,167

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.     Yes

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.     Yes

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

Agency Contact: Scott Elmore 202 732-2601 [email protected]

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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: 10/31/2018

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