End Use Certificate

Forms and Documents

Document Name	Status
Form DLA Form 1822 End Use Certificate Form	Modified
0704-0382_SSN Justification Memo_2.20.2019.pdf Supplementary Document	2019-02-20
0704-0382_SSA_2.8.2019.docx Supporting Statement A	2019-02-15

IC Document Collections

IC ID	Document Title	Status
5435	End Use Certificate Form	Modified

ICR Details

OMB Control No: 0704-0382	ICR Reference No: 201902-0704-009
Status: Active	Previous ICR Reference No: 201211-0704-004
Agency/Subagency: DOD/DODDEP	Agency Tracking No:
Title: End Use Certificate
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/25/2019
	Date Received in OIRA: 02/20/2019
Terms of Clearance: DOD must report this collection as a violation in this year's Information Collection Budget.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2022	36 Months From Approved
Responses	42,000	0	0
Time Burden (Hours)	10,500	0	0
Cost Burden (Dollars)	305,760	0	0

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Abstract: The End-Use Certificate (DLA Form 1822) is submitted by individuals prior to releasing export-controlled personal property out of Department of Defense (DoD) control. Export-controlled personal property are items listed on the United States Munitions Lists (USML) or Commerce Control List (CCL), and includes articles, items, technical data, technology or software. Transfers of export-controlled personal property out of DoD control may be in tangible and intangible forms. The information collected is for the purpose of determining bidder or transferee eligibility to receive export-controlled personal property, and to ensure that transferees comply with the terms of sale or Military Critical Technical Data Agreement regarding end-use of the property. This form is to be used by the DoD Components, other Federal agencies who have acquired DoD export-controlled personal property, and or their contractors prior to releasing export-controlled personal property out DoD or Federal agency control. End-use checks are required by the following: DoD Instruction 2030.08, “Implementation of Trade Security Controls (TSCs) for Transfers of DoD U.S. Munitions List (USML) and Commerce Control List (CCL) Personal Property to Parties Outside DoD Control;” DoDM 4160.28, “DoD Demilitarization (DEMIL) Manual, Vol. 1, 2, 3;” and the DoDM 4160.21, Vol 1-4, Defense Materiel Disposition Manual.

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Authorizing Statute(s): US Code: 22 USC 2751-2799 Name of Law: Arms Export Control
   PL: Pub.L. 96 - 72 503 Name of Law: Export Administration Act of 1979
   US Code: 10 USC 133b Name of Law: Under Secretary of Defense for Acquisition and Sustainment
  

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 54329	10/30/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 3420	02/12/2019
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
End Use Certificate	DLA Form 1822	End-Use Certificate

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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	42,000	0	0	0	2,000	40,000
Annual Time Burden (Hours)	10,500	0	0	-3,500	800	13,200
Annual Cost Burden (Dollars)	305,760	0	0	0	107,760	198,000

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The burden has increased since the previous approval due to an increase in sales, and will further increase due to technical data requests. Estimated annual responses have increased from 40,000 to 42,000; this, in turn, increases the burden from 13,200 hours to 14,000 hours. Future projections are expected to more than double current estimates.

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Annual Cost to Federal Government: $283,080

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

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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: 02/20/2019

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