28 CFR §202.1101
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Records. Except as otherwise provided, U.S. persons engaging in any transaction subject to the provisions of this part shall keep a full and accurate record of each such transaction engaged in, and such record shall be available for examination for at least 10 years after the date of such transaction.
- (b)Additional recordkeeping requirements. U.S. persons engaging in any restricted transaction shall create and maintain, at a minimum, the following records in an auditable manner:
- (1)A written policy that describes the data compliance program and that is certified annually by an officer, executive, or other employee responsible for compliance;
- (2)A written policy that describes the implementation of any applicable security requirements as defined in § 202.248 and that is certified annually by an officer, executive, or other employee responsible for compliance;
- (3)The results of any annual audits that verify the U.S. person's compliance with the security requirements and any conditions on a license;
- (4)Documentation of the due diligence conducted to verify the data flow involved in any restricted transaction, including:
- (i)The types and volumes of government-related data or bulk U.S. sensitive personal data involved in the transaction;
- (ii)The identity of the transaction parties, including any direct and indirect ownership of entities or citizenship or primary residence of individuals; and
- (iii)A description of the end-use of the data;
- (5)Documentation of the method of data transfer;
- (6)Documentation of the dates the transaction began and ended;
- (7)Copies of any agreements associated with the transaction;
- (8)Copies of any relevant licenses or advisory opinions;
- (9)The document reference number for any original document issued by the Attorney General, such as a license or advisory opinion;
- (10)A copy of any relevant documentation received or created in connection with the transaction; and
- (11)An annual certification by an officer, executive, or other employee responsible for compliance of the completeness and accuracy of the records documenting due diligence.