Five-Year Records Retention Requirement for Export Transactions and Boycott Actions
Extension without change of a currently approved collection
No
Regular
08/02/2023
Requested
Previously Approved
36 Months From Approved
08/31/2023
84,001,520
84,001,520
23,358
23,358
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).
PL:
Pub.L. 96 - 72 5, 6, 7
Name of Law: Export Administration Act of 1979
US Code:
50 USC 1702
Name of Law: International Emergency Economic Powers Act
EO: EO 13222 Name/Subject of EO: Continuation of Export Control Regulations
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.