Privacy Act of 1974; Department of Homeland Security, U.S. Customs and Border Protection, DHS/CBP-001, Import Information System, System of Records, 49256-49262 [2015-19731]
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49256
Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2015–0047]
Privacy Act of 1974; Department of
Homeland Security, U.S. Customs and
Border Protection, DHS/CBP–001,
Import Information System, System of
Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to
consolidate, update, and rename two
current Department of Homeland
Security systems of records titled,
‘‘Department of Homeland Security/U.S.
Customs and Border Protection, DHS/
CBP–001 Automated Commercial
Environment/International Trade Data
System System of Records’’ (7 FR 3109,
January 19, 2006) and ‘‘Department of
Homeland Security/U.S. Customs and
Border Protection, DHS/CBP–015
Automated Commercial System System
of Records’’ (73 FR 77759, December 19,
2008) as one new system of records. The
consolidated system of records notice
will be titled, ‘‘Department of Homeland
Security/U.S. Customs and Border
Protection, DHS/CBP–001 Import
Information System System of Records.’’
This system of records will continue to
collect and maintain records on all
commercial goods imported into the
United States, as well as information
pertaining to the carrier, broker,
importer, and other persons associated
with the manifest, import, or
commercial entry transactions for the
goods.
As a result of a review of these two
systems, the Department of Homeland
Security/U.S. Customs and Border
Protection is combining the system of
records notices for these systems into
one updated system of records notice
that includes changes to the categories
of individuals and to the categories of
records regarding information
maintained about persons who have
account access to trade data in the
system. The Department of Homeland
Security/U.S. Customs and Border
Protection is also including an
additional routine use for disclosing
vessel manifest information as required
by statute, in addition to the new
compilation of routine uses reconciled
from the prior systems of records
notices. Data from this system of records
may be shared with law enforcement
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and/or intelligence agencies pursuant to
the routine uses identified below.
Additionally, the Department of
Homeland Security is issuing a Notice
of Proposed Rulemaking to exempt this
system of records from certain
provisions of the Privacy Act elsewhere
in the Federal Register. Lastly, this
notice includes non-substantive changes
to simplify the formatting and text of the
previously published notices. This
updated system will be included in the
Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
September 16, 2015. This updated
system will be effective September 16,
2015.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2015–0047 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 343–4010.
• Mail: Karen L. Neuman, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, please visit https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: John
Connors (202) 344–1610, CBP Privacy
Officer, Office of the Commissioner,
U.S. Customs and Border Protection,
Washington, DC 20229. For privacy
questions, please contact: Karen L.
Neuman, (202) 343–1717, Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528–0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS), U.S. Customs
and Border Protection (CBP) proposes to
consolidate, update, and rename as one
system of records notice (SORN) the
information currently contained in two
DHS SORNs titled, ‘‘DHS/CBP–001
Automated Commercial Environment/
International Trade Data System (ACE/
ITDS) System of Records’’ (7 FR 3109,
January 19, 2006) and ‘‘DHS/CBP–015
Automated Commercial System (ACS)
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System of Records’’ (73 FR 77759,
December 19, 2008) . This new SORN,
entitled ‘‘DHS/CBP–001 Import
Information System (IIS),’’ will inform
the public about changes to the
categories of individuals, categories of
records, and routine uses contained in
the consolidation of the former ACS and
ACE/ITDS SORNs.
ACS, a decades old trade information
database and information technology
(IT) system, was deployed to track,
control, and process all commercial
goods imported into the United States.
ACE, part of a multi-year modernization
effort since 2001 to replace ACS,
continues to be designed to manage
CBP’s import trade data and related
transaction information. ACE/ITDS
serves three sets of core stakeholders:
The internal DHS/CBP users, Partner
Government Agencies (PGA), and the
trade community. ACE is the IT
backbone for the ITDS, an interagency
initiative formalized under the SAFE
Port Act of 2006 to create a single
window for the trade community and
PGAs involved in importing and
exporting. DHS/CBP has provided
notice to the public and trade
community that in the future, the ACS
IT system will be fully phased out and
replaced by ACE. As such, and to
simplify the trade community’s and the
public’s understanding of how trade
information will be handled after ACE
implementation, DHS/CBP is publishing
this Import Information System (IIS)
SORN to identify a single repository for
import trade information. DHS/CBP is
also publishing an updated ACE Privacy
Impact Assessment on its Web site
(https://www.dhs.gov/privacy) to inform
the public of the operation and interconnectedness of the IT systems, ACS
and ACE, and to assess the privacy
impact of these systems using the fair
information practice principles. This IIS
system of records allows DHS/CBP to
collect and maintain records on all
commercial goods imported into the
United States, along with related
information about persons associated
with those transactions, and manifest
information.
As part of this consolidation and
issuance of IIS, the category of
individuals and category of records
sections in the former ACS and ACE–
ITDS have been merged to account for
the data in both IT systems, as well as
paper records related to the information
in these systems. The category of
individuals section is amended to
remove reference to DHS/CBP
employees and employees of other
federal agencies for purposes of
maintaining their user access accounts
to the ACE–ITDS Portal, because these
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individuals are now covered under a
DHS-wide SORN, ‘‘DHS/ALL–004
General Information Technology Access
Account Records System (GITAARS) (77
FR 70792, November 27, 2012). The
category of records for IIS will also
include notations and results of
examinations and document review for
cleared merchandise to clarify and
better identify DHS and PGA-generated
information related to the processing of
the import entry transaction.
Additionally, the category of records is
being expanded to address the
expansion of information DHS/CBP
proposes to collect on its revised
Importer ID Input Record (CBP Form
5106). DHS/CBP is adding required
elements for the name (First, Middle,
Last) and business contact information
(job title and phone) of Senior Company
Officers of the Importer; DHS/CBP is
also adding optional data fields on the
form for the Senior Officers to provide
Social Security number (SSN) or
Passport Number and Country of
Issuance. These latter, optional data
elements are to facilitate Importer
screening and verification.
The authorities sections from the
previous SORNs have been combined,
reconciled to address duplication, and
updated to account for expanded
information collected about business
associations as part of the ACE–ITDS
Portal user account. The purpose
section for IIS reflects an update to the
combined purposes for ACS and ACE–
ITDS and addresses DHS/CBP’s broad
use of its import trade transaction IT
systems (ACS and ACE) to collect and
manage records to track, control, and
process all commercial goods imported
into the United States.
Consistent with DHS’s informationsharing mission, information stored in
the DHS/CBP–001 Import Information
System (IIS) may be shared with other
DHS Components that have a need to
know the information to carry out their
national security, law enforcement,
immigration, or other homeland security
functions. In addition, information may
be shared with appropriate federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this SORN and as otherwise
authorized under the Privacy Act.
Information in IIS may be shared for
the same routine uses as were
previously published in ACS and ACE–
ITDS, and are now updated in this
document:
• ACS’s former Routine Use K is now
reclassified as Routine Use G.
Æ Routine Use G permits sharing of
data under the following circumstances:
‘‘To appropriate federal, state, local,
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tribal, or foreign governmental agencies
or multilateral governmental
organizations responsible for
investigating or prosecuting the
violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty when
DHS determines that the information
would assist in the enforcement of civil
or criminal laws.’’
• ACE–ITDS’s former Routine Use 3
is now reclassified as Routine Use K.
Æ Routine Use K permits sharing of
data under the following circumstances:
‘‘To a federal, state, local, tribal,
territorial, foreign, or international
agency, maintaining civil, criminal, or
other relevant enforcement information
or other pertinent information, which
has requested information relevant to or
necessary to the requesting agency’s or
the bureau’s hiring or retention of an
individual, or issuance of a security
clearance, license, contract, grant, or
other benefit.’’
Additionally, DHS/CBP is adding
another routine use to IIS, Routine Use
R, to provide explicit coverage for the
mandated release of Manifest
Information as set forth in section 1431
of title 19, United States Code and
implemented through title 19, Code of
Federal Regulations, part 103:
• Routine Use R permits sharing of
data under the following circumstances:
‘‘To paid subscribers, in accordance
with applicable regulations, for the
purpose of providing access to manifest
information as set forth in 19 U.S.C.
1431.’’
DHS/CBP will not assert any
exemptions with regard to information
provided by or on behalf of an
individual. However, this data may be
shared with law enforcement and/or
intelligence agencies pursuant to the
routine uses identified in the IIS SORN
and as otherwise authorized under the
Privacy Act. The Privacy Act requires
that DHS maintain an accounting of
such disclosures. Disclosing the fact that
a law enforcement and/or intelligence
agency has sought particular records
may interfere with or disclose
techniques and procedures related to
ongoing law enforcement investigations.
As such, DHS is issuing a Notice of
Proposed Rulemaking to exempt this
system of records from certain
provisions of the Privacy Act elsewhere
in the Federal Register. This updated
system will be included in DHS’s
inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which federal government
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agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. As a matter of policy, DHS
extends administrative Privacy Act
protections to all persons when systems
of records maintain information on U.S.
citizens, lawful permanent residents,
and non-immigrant aliens.
Below is the description of the DHS/
CBP–001 Import Information System
(IIS) System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of these
systems of records to the Office of
Management and Budget and to
Congress.
System of Records
Department of Homeland Security
(DHS)/U.S. Customs and Border
Protection (CBP)–001.
SYSTEM NAME:
DHS/CBP–001 Import Information
System (IIS).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the DHS/
CBP Headquarters in Washington, DC
and field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals in this
system include members of the public
involved in the importation of
merchandise and international trade,
such as importers, brokers, carriers,
manufacturers, shippers, consignees,
cartmen/lightermen, filers, sureties,
facility operators, foreign trade zone
operators, drivers/crew, attorneys/
consultants, and agents, in addition to
persons required to file Customs
Declarations for international mail
transactions (including sender and
recipient).
CATEGORIES OF RECORDS IN THE SYSTEM:
Information maintained by ACE as
part of the user account creation process
includes:
• Account Information—Including
Name of Company, Name of Company
Officer, Title of Company Officer,
Company Organization Structure, and
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Officer’s Date of Birth (optional). For
Operators, this information must match
the name on the company’s bond.
Æ Account Owner Information—
Name, Application Data, Email, Date of
Birth, Country, Address, and Business
Phone Number.
Æ Legal Entity Information—Name,
Application Data, Email, Country,
Address, and Business Phone Number.
Æ Point of Contact Information—
Name, Application Data, Email,
Country, Date of Birth, Address, and
Business Phone Number.
• Business Activity Information—
Depending on the account type being
established, CBP requires the following
identifying information to set up an
ACE portal account. Users are limited to
a single identification number for the
portal account being requested with the
exception of: Importer, broker, filer,
software vendor, service bureau, port
authority, preparer, or surety agent,
which can use up to three identifying
numbers for each portal view:
Æ Importer/Broker/Filer/Surety:
Importer Record Number; Filer Code;
Taxpayer Identification Number (TIN)
[e.g., Internal Revenue Service (IRS)
Employer Identification Number (EIN)/
SSN]; Surety Code.
Æ Service Provider: Standard Carrier
Alpha Code (SCAC) or Filer Code; EIN/
SSN.
Æ Operator: EIN/SSN; Bond Number;
Facilities Information and Resources
Management System (FIRMS) Code;
Zone Number; Site Number. Operators
must also note whether their
background investigation has been
completed by CBP, and whether their
fingerprints are on file with CBP.
Æ Cartman/Lighterman: Cartman/
Lighterman Identification Number;
Customhouse License (CHL) Number;
Passport Number; Country of Issuance;
Date of Expiration; U.S. Visa Number;
Birth Certification Number; Permanent
Resident Card Number; Certificate of
Naturalization; Certificate of U.S.
Citizenship; Re-entry Permit Number
(I–327); Refugee Permit Number; Other
Identification (such as Military
Dependent’s Card, Temporary Resident
Card, Voter Registration Card). A
Cartman/Lighterman must also note
whether his or her background
investigation has been completed by
CBP, and whether his or her fingerprints
are on file with CBP.
Æ Carriers: SCAC; Bond Numbers;
Importer Record for Type 2 Bond (if
applicable).
Æ Drivers/Crew: Commercial Driver
License (CDL) Number; State/Province
of Issuance; Country; whether the Driver
has an Enhanced CDL or is HAZMAT
endorsed; Full Name; Date of Birth;
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Gender; Citizenship; Travel
Documentation (and Country of
Issuance) such as: Passport Number or
Permanent Resident Card; or other type
of identification including: SENTRI
Card; NEXUS 1; U.S. Visa (nonimmigrant or immigrant); Permanent
Resident Card; U.S. Alien Registration
Card; U.S. Passport Card; DHS Refugee
Travel Document; DHS Re-Entry Permit;
U.S. Military ID Document; or U.S.
Merchant Mariner Document.
Information maintained by ACE as
part of the trade facilitation process
includes:
• Filer Information
Æ Importer of Record Name and
Address—The name and address,
including the standard postal two-letter
state or territory abbreviation, of the
importer of record. The importer of
record is defined as the owner or
purchaser of the goods, or when
designated by the owner, purchaser, or
consignee, a licensed customs broker.
The importer of record is the individual
or firm liable for payment of all duties
and meeting all statutory and regulatory
requirements incurred as a result of
importation, as described in 19 CFR
141.1(b).
Æ Consignee Number—IRS EIN, SSN,
or CBP-assigned number of the
consignee. This number must reflect a
valid identification number filed with
CBP via the CBP Form 5106 or its
electronic equivalent.
Æ Importer Number—The IRS EIN,
SSN, or CBP-assigned number of the
importer of record.
Æ Reference Number—The IRS EIN,
SSN, or CBP-assigned number of the
individual or firm to whom refunds,
bills, or notices of extension or
suspension of liquidation are to be sent
(if other than the importer of record and
only when a CBP Form 4811 is on file).
Æ Ultimate Consignee Name and
Address—The name and address of the
individual or firm purchasing the
merchandise or, if a consigned
shipment, to whom the merchandise is
consigned.
Æ Broker/Filer Information—A broker
or filer name, address, and phone
number.
Æ Broker/Importer File Number—A
broker or importer internal file or
reference number.
Æ Bond Agent Information—Bond
agent name, SSN or a surety created
identification, and surety name.
Æ Declarant Name, Title, Signature,
and Date—The name, job title, and
1 SENTRI and NEXUS are Trusted Traveler Cards
used for expedited border crossing along the
southern and northern borders, respectively. See,
https://www.cbp.gov/travel/trusted-travelerprograms.
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signature of the owner, purchaser, or
agent who signs the declaration. The
month, day, and year when the
declaration was signed.
Æ Importer Business Description—
Including the Importer Dun & Bradstreet
(DUNS) Number and the North
American Industry Classification
System (NAICS) number for Importer
Business.
Æ Senior Officers of the Importing
Company—Information pertaining to
Senior Officers of the Importing
Company with an importing or financial
role in trade transactions: Position title;
Name (First, Middle, Last); Business
Phone; SSN (Optional); Passport
Number (Optional); Passport Country of
Issuance (Optional).
Æ Additional Data Elements—Filers
may, on their own initiative, provide
additional or clarifying information on
the form provided such additional
information does not interfere with the
reporting of those required data
elements.
• Supply Chain Information
Æ Manufacturer Information:
D Manufacturer (or supplier) name;
D Manufacturer (or supplier) address;
D Foreign manufacturer identification
code and/or shipper identification code;
D Foreign manufacturer name and/or
shipper name; and
D Foreign manufacturer address and/
or shipper address.
Æ Carrier Information:
D Importing Carrier—For
merchandise arriving in the U.S. by
vessel, CBP records the name of the
vessel that transported the merchandise
from the foreign port of lading to the
first U.S. port of unlading.
• Vessel Identifier Code;
• Vessel Name;
• Carrier Name;
• Carrier Address;
• Carrier codes (non-SSN) (Standard
Carrier Agent Code (SCAC) for vessel
carriers, International Air Transport
Association (IATA) for air carriers);
• Department of Transportation
(DOT) number,
• Tax Identification Number;
• DUNS;
• Organizational structure; and
• Insurance information including
name of insurer, policy number, date of
issuance, and amount.
• The carrier can create users and
points of contact, and may also choose
to store details associated with the
driver and crew, conveyance, and
equipment for purposes of expediting
the creation of manifests.
D Mode of Transport—The mode of
transportation by which the imported
merchandise entered the U.S. port of
arrival from the last foreign country.
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The mode of transport may include
vessel, rail, truck, air, or mail.
D Export Date—The month, day, and
year on which the carrier departed the
last port (or airport, for merchandise
exported by air) in the exporting
country.
Æ Liquidator identification (nonSSN);
Æ Seller (full name and address or a
widely accepted industry number such
as a DUNS number);
Æ Buyer (full name and address or a
widely accepted industry number such
as a DUNS number);
Æ Ship to party name;
Æ Consolidator (stuffer);
Æ Foreign trade zone applicant
identification number;
Æ Country of origin;
Æ Commodity Harmonized Tariff
Schedule of the United States (HTSUS)
number;
Æ Booking party; and
Æ Other identification information
regarding the party to the transaction.
• Crewmember/Passenger
Information
Æ Carrier Information—Including
vessel flag and vessel name, date of
arrival, and port of arrival (CBP Form
5129);
Æ Person on arriving conveyance who
is in charge;
Æ Names of all crew members and
passengers;
Æ Date of birth of each crew member
and passenger;
Æ Commercial driver license (CDL)/
driver license number for each crew
member;
Æ CDL state or province of issuance
for each crew member;
Æ CDL country of issuance for each
crew member;
Æ Travel document number for each
crew member and passenger;
Æ Travel document country of
issuance for each crew member and
passenger;
Æ Travel document for state/province
of issuance for each crew member and
passenger;
Æ Travel document type for each crew
member and passenger;
Æ Address for each crew member and
passenger;
Æ Gender of each crew member and
passenger;
Æ Nationality/citizenship of each
crew member and passenger; and
Æ HAZMAT endorsement for each
crew member.
• Federal Employee Information
(including CBP and PGA employees)
Æ CBP employee names;
Æ CBP employee hash identification,
SSN, or other employee identification
number; and
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Æ Federal Government employee
names, work addresses, work phone
numbers, and ACE identification if
already an ACE–ITDS user.
• Manifest Information
Æ Bill of Lading (B/L) or Air Waybill
(AWB) Number—The number assigned
on the manifest by the international
carrier delivering the goods to the
United States.
Æ Immediate Transportation
Number—The Immediate
Transportation number obtained from
the CBP Form 7512, the AWB number
from the Transit Air Cargo Manifest
(TACM), or Automated Manifest System
(AMS) master in-bond (MIB) movement
number.
Æ Immediate Transportation Date—
The month, day, and year obtained from
the CBP Form 7512, TACM, or AMS
MIB record. Note that Immediate
Transportation date cannot be prior to
import date.
Æ Missing Documents—Codes that
indicate which documents are not
available at the time of filing the entry
summary.
Æ Foreign Port of Lading—The five
digit numeric code listed in the
‘‘Schedule K’’ (Classification of Foreign
Ports by Geographic Trade Area and
Country) for the foreign port at which
the merchandise was actually laden on
the vessel that carried the merchandise
to the United States.2
Æ U.S. Port of Unlading—The U.S.
port code where the merchandise was
unladen (or, delivered) from the
importing vessel, aircraft, or train.
Æ Location of Goods/General Order
(GO) Number—Also known as a
‘‘container stuffing location,’’ the pier or
site where the goods are available for
examination. For air shipments, this is
the flight number.
• CBP Generated Records
Æ Entry Number—The entry number
is a CBP-assigned number that is unique
to each Entry Summary (CBP Form
7501).
Æ Entry Type—Entry type denotes
which type of entry summary is being
filed (i.e., consumption, information,
and warehouse). The sub-entry type
further defines the specific processing
type within the entry category (i.e., free
and dutiable, quota/visa, anti-dumping/
countervailing duty, and
appraisement).3
Æ Summary Date—The month, day,
and year on which the entry summary
2 The ‘‘Schedule K’’ may be retrieved at: https://
www.iwr.usace.army.mil/ndc/wcsc/scheduleK/
schedulek.htm.
3 Automated Broker Interface (ABI) processing
requires an ABI status indicator. This indicator
must be recorded in the entry type code block. It
is to be shown for those entry summaries with ABI
status only.
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49259
is filed with CBP. The record copy of
the entry summary will be time stamped
by the filer at the time of presentation
of the entry summary. Use of this field
is optional for ABI statement entries.
The time stamp will serve as the entry
summary date. The filer will record the
proper team number designation in the
upper right portion of the form above
this block (three-character team number
code).4
Æ Port Code—The port is where the
merchandise was entered under an
entry or released under an immediate
delivery permit. CBP relies on the U.S.
port codes from Schedule D, Customs
District and Port Codes, listed in Annex
C of the Harmonized Tariff Schedule
(HTS).
Æ Entry Date—The month, day, and
year on which the goods are released,
except for immediate delivery, quota
goods, or when the filer requests
another date prior to release.5 It is the
responsibility of the filer to ensure that
the entry date shown for entry/entry
summaries is the date of presentation
(i.e., the time stamp date). The entry
date for a warehouse withdrawal is the
date of withdrawal.
Æ Manufacturer ID—This code
identifies the manufacture/shipper of
the merchandise by a CBP-constructed
code. The manufacturer/shipper
identification code is required for all
entry summaries and entry/entry
summaries, including informal entries,
filed on the CBP Form 7501.
Æ Notes—Notations and results of
examinations and document review for
cleared merchandise.
Æ Trade violation statistics.
Æ Protest and appeal decision case
information.
• Surety and Bond Information
Æ Surety Information—Full legal
name of entity, address.
Æ Surety Number—A three-digit
numeric code that identifies the surety
company on the Customs Bond. This
code can be found in block 7 of the CBP
Form 301, or is available through CBP’s
automated system to ABI filers, via the
importer bond query transaction.
Æ Bond Type—A three-digit numeric
code identifying the following type of
bond: U.S. Government or entry types
not requiring a bond; Continuous; or
Single Transaction.
Æ Additional Bond Information—All
authorized users of bond, bond
expiration date.
• Merchandise-Specific Information
Æ Line Number—A commodity from
one country, covered by a line which
4 For ABI entry summaries, the team number is
supplied by CBP’s automated system in the
summary processing output message.
5 19 CFR 141.68.
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includes a net quantity, entered value,
HTS number, charges, rate of duty and
tax.
Æ Description of Merchandise—A
description of the articles in sufficient
detail (i.e., gross weight, manifest
quantity, net quantity in HTS units, U.S.
dollar value, all other charges, costs,
and expenses incurred while bringing
the merchandise from alongside the
carrier at the port of exportation in the
country of exportation and placing it
alongside the carrier at the first U.S.
port of entry).
Æ License Numbers—For
merchandise subject to agriculture
licensing.
Æ Country of Origin—The country of
origin is the country of manufacture,
production, or growth of any article.
When merchandise is invoiced in or
exported from a country other than that
in which it originated, the actual
country of origin shall be specified
rather than the country of invoice or
exportation.
Æ Import Date—The month, day, and
year on which the importing vessel
transporting the merchandise from the
foreign country arrived within the limits
of the U.S. port with the intent to
unlade.
Æ Exporting Country—The country of
which the merchandise was last part of
the commerce and from which the
merchandise was shipped to the United
States.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
IIS derives its authority from 19
U.S.C. 66, 1431, 1448, 1481, 1484, 1505,
1514, 1624, and 2071; 26 U.S.C. 6109(d);
31 U.S.C. 7701(c); section 203 of the
Security and Accountability for Every
(SAFE) Port Act of 2006 and section
343(a) of the Trade Act of 2002, as
amended by the Maritime
Transportation Security Act of 2002;
Title 19 of the Code of Federal
Regulations, including 19 CFR 24.5,
149.3, 101.9, and 103.31(e).
mstockstill on DSK4VPTVN1PROD with NOTICES
PURPOSE(S):
This system of records allows DHS/
CBP to collect and maintain records on
all commercial goods imported into the
United States, along with carrier, broker,
importer, and other ACE–ITDS Portal
user account and manifest information.
The purpose of this system of records is
to track, control, and process all
commercial goods imported into the
United States. This facilitates the flow
of legitimate shipments, and assists
DHS/CBP in securing U.S. borders and
targeting illicit goods. IIS covers two
principle information technology
systems: The Automated Commercial
System (ACS) and ACE–ITDS. ACS
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16:57 Aug 14, 2015
Jkt 235001
employs multiple modules to receive
data transmissions from a variety of
parties involved in international
commercial transactions and provides
DHS/CBP with the capability to track
both the transport transactions and the
financial transactions associated with
the movement of merchandise through
international commerce. ACE–ITDS
modernizes and enhances trade
processing with features that will
consolidate and automate border
processing. ACE–ITDS serves three sets
of core stakeholders: The internal DHS/
CBP users, PGAs, and the trade
community in the movement of
merchandise through international
commerce.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ),
including Offices of the United States
Attorneys, or other federal agency
conducting litigation or in proceedings
before any court, adjudicative, or
administrative body, when it is relevant
or necessary to the litigation and one of
the following is a party to the litigation
or has an interest in such litigation:
1. DHS or any Component thereof;
2. Any employee or former employee
of DHS in his or her official capacity;
3. Any employee or former employee
of DHS in his or her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
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Sfmt 4703
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations responsible for
investigating or prosecuting the
violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty when
DHS determines that the information
would assist in the enforcement of civil
or criminal laws.
H. To a federal, state, or local agency,
or other appropriate entity or
individual, or through established
liaison channels to selected foreign
governments, in order to provide
intelligence, counterintelligence, or
other information for the purposes of
intelligence, counterintelligence, or
antiterrorism activities authorized by
U.S. law, Executive Order, or other
applicable national security directive.
I. To the Department of Commerce,
United States Census Bureau for
statistical analysis of foreign trade data.
J. To a federal agency, pursuant to an
International Trade Data System
Memorandum of Understanding,
consistent with the receiving agency’s
legal authority to collect information
pertaining to and/or regulate
transactions in international trade.
K. To a federal, state, local, tribal,
territorial, foreign, or international
agency, maintaining civil, criminal, or
other relevant enforcement information
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or other pertinent information, which
has requested information relevant or
necessary to the requesting agency’s
hiring or retention of an individual, or
issuance of a security clearance, license,
contract, grant, or other benefit;
L. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil
discovery, litigation, or settlement
negotiations, in response to a subpoena,
or in connection with criminal law
proceedings;
M. To third parties during the course
of an investigation to the extent
necessary to obtain information
pertinent to the investigation;
N. To the Department of Justice,
Offices of the United States Attorneys or
a consumer reporting agency as defined
by the Fair Credit Reporting Act,
address or physical location information
concerning the debtor, for further
collection action on any delinquent debt
when circumstances warrant;
O. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations when DHS is aware of a
need to use relevant data for purposes
of testing new technology and systems
designed to enhance national security or
identify other violations of law;
P. To a former employee of DHS, in
accordance with applicable regulations,
for purposes of responding to an official
inquiry by a federal, state, or local
government entity or professional
licensing authority; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes when the Department requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility;
Q. To an organization or individual in
either the public or private sector, either
foreign or domestic, when there is a
reason to believe that the recipient is or
could become the target of a particular
terrorist activity or conspiracy, to the
extent the information is relevant to the
protection of life or property;
R. To paid subscribers, in accordance
with applicable regulations, for the
purpose of providing access to manifest
information as set forth in 19 U.S.C.
1431;
S. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
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16:57 Aug 14, 2015
Jkt 235001
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Yes, CBP may disclose, pursuant to 5
U.S.C. 552a(b)(12), to consumer
reporting agencies in accordance with
the provision of 15 U.S.C. 1681, et seq.
or the Federal Claims Collection Act of
1966 as amended (31 U.S.C. 3701, et
seq.). The purpose of this disclosure is
to aid in the collection of outstanding
debts owed to the Federal Government,
typically, to provide an incentive for
debtors to repay delinquent Federal
Government debts by making these part
of their credit records.
Disclosure of records is limited to the
individual’s name, address, EIN/SSN,
and other information necessary to
establish the individual’s identity; the
amount, status, and history of the claim;
and the agency or program under which
the claim arose. The disclosure will be
made only after the procedural
requirements of 31 U.S.C. 3711(e) have
been followed.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
CBP stores records in this system
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records may be stored
on magnetic disc, tape, digital media,
and CD–ROM.
RETRIEVABILITY:
CBP retrieves records by file
identification codes, name or other
personal identifier.
SAFEGUARDS:
CBP safeguards records in this system
in accordance with applicable rules and
policies, including all applicable DHS
automated systems security and access
policies. CBP imposes strict controls to
minimize the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
The systems maintain a real-time
auditing function of individuals who
access them. Additional safeguards may
vary by Component and program.
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49261
RETENTION AND DISPOSAL:
The Importer Security Filing form is
retained for fifteen years from date of
submission unless it becomes linked to
law enforcement action. All other
import records contained within IIS are
maintained for a period of six years
from the date of entry.
Some records are retained online in a
system database, while others may be
retained in hard copy in ports of entry,
as appropriate. Personally identifiable
information collected in IIS as part of
the regulation of incoming cargo will be
retained in accordance with the U.S.
Customs Records Schedules approved
by the National Archive and Records
Administration for the forms on which
the data is submitted. This means that
cargo, crew, driver, and passenger
information collected from a manifest
presented in connection with the arrival
of a vessel, vehicle, or aircraft will be
retained for six years.
Information collected in connection
with the submission of a Postal
Declaration for a mail importation will
be retained for a maximum of six years
and three months (as set forth pursuant
to NARA Authority N1–36–86–1, U.S.
Customs Records Schedule, Schedule 9
Entry Processing, Items 4 and 5).
SYSTEM MANAGER AND ADDRESS:
Director, Integrated Logistic Support,
Cargo Systems Program Office, Office of
Information Technology, U.S. Customs
and Border Protection, who is located at
1801 North Beauregard Street,
Alexandria, Virginia 22311.
NOTIFICATION PROCEDURE:
ACE–ITDS portal users may log in to
ACE–ITDS to change their profile
information and make permissible
amendments or corrections to their
records. Individuals seeking notification
of and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the DHS/CBP
Freedom of Information Act (FOIA)
Officer, whose contact information can
be found at https://www.dhs.gov/foia
under ‘‘Contacts.’’ If an individual
believes more than one Component
maintains Privacy Act records
concerning him or her, the individual
may submit the request to the Chief
Privacy Officer and Chief FOIA Officer,
Department of Homeland Security, 245
Murray Drive SW., Building 410, STOP–
0655, Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
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meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
Although no specific form is required,
you may obtain forms for this purpose
from the Chief Privacy Officer and Chief
FOIA Officer, https://www.dhs.gov/foia
or 1–866–431–0486. In addition, you
should:
• Explain why you believe the
Department would have information on
you;
• Identify which Component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS Component agency may
have responsive records; and
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his or her
agreement for you to access his or her
records.
Without the above information, the
Component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Records are obtained through
authorized DHS/CBP or other federal
agency forms, related documents, or
electronic submissions from individuals
and/or companies incidental to the
conduct of foreign trade and required to
administer the transportation and trade
laws and regulations of the United
States.
mstockstill on DSK4VPTVN1PROD with NOTICES
EXEMPTIONS CLAIMED FOR THE SYSTEM:
DHS/CBP will not assert any
exemptions with regard to information
provided by or on behalf of an
individual, when requested by the data
subject. However, this data may be
shared with law enforcement and/or
intelligence agencies pursuant to the
routine uses identified in the IIS SORN.
The Privacy Act requires DHS to
maintain an accounting of such
disclosures made pursuant to all routine
uses. Disclosing the fact that a law
16:57 Aug 14, 2015
Dated: July 31, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2015–19731 Filed 8–14–15; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0015]
Agency Information Collection
Activities: Immigrant Petition for Alien
Worker, Form I–140; Extension,
Without Change, of a Currently
Approved Collection
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 60-Day Notice.
AGENCY:
The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration
(USCIS) invites the general public and
other Federal agencies to comment upon
this proposed extension of a currently
approved collection of information. In
accordance with the Paperwork
Reduction Act (PRA) of 1995, the
information collection notice is
published in the Federal Register to
obtain comments regarding the nature of
the information collection, the
categories of respondents, the estimated
burden (i.e. the time, effort, and
resources used by the respondents to
respond), the estimated cost to the
respondent, and the actual information
collection instruments.
DATES: Comments are encouraged and
will be accepted for 60 days until
October 16, 2015.
ADDRESSES: All submissions received
must include the OMB Control Number
1615–0015 in the subject box, the
agency name and Docket ID USCIS–
2007–0018. To avoid duplicate
submissions, please use only one of the
following methods to submit comments:
SUMMARY:
See ‘‘Notification procedure’’ above.
VerDate Sep<11>2014
enforcement and/or intelligence agency
has sought particular records may affect
ongoing law enforcement activity. As
such, DHS will claim exemption
pursuant to 5 U.S.C. 552a(j)(2) from
sections (c)(3), (e)(8), and (g)(1) of the
Privacy Act, and pursuant to 5 U.S.C.
552a(k)(2) from section (c)(3) of the
Privacy Act, from providing an
individual the accounting of
disclosures, as necessary and
appropriate to protect this information.
Jkt 235001
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(1) Online. Submit comments via the
Federal eRulemaking Portal Web site at
https://www.regulations.gov under
e-Docket ID number USCIS–2007–0018;
(2) Email. Submit comments to
USCISFRComment@uscis.dhs.gov;
(3) Mail. Submit written comments to
DHS, USCIS, Office of Policy and
Strategy, Chief, Regulatory Coordination
Division, 20 Massachusetts Avenue
NW., Washington, DC 20529–2140.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division, Laura
Dawkins, Chief, 20 Massachusetts
Avenue NW., Washington, DC 20529–
2140, telephone number 202–272–8377
(This is not a toll-free number.
Comments are not accepted via
telephone message). Please note contact
information provided here is solely for
questions regarding this notice. It is not
for individual case status inquiries.
Applicants seeking information about
the status of their individual cases can
check Case Status Online, available at
the USCIS Web site at https://
www.uscis.gov, or call the USCIS
National Customer Service Center at
800–375–5283 (TTY 800–767–1833).
SUPPLEMENTARY INFORMATION:
Comments
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
https://www.regulations.gov and enter
USCIS–2007–0018 in the search box.
Regardless of the method used for
submitting comments or material, all
submissions will be posted, without
change, to the Federal eRulemaking
Portal at https://www.regulations.gov,
and will include any personal
information you provide. Therefore,
submitting this information makes it
public. You may wish to consider
limiting the amount of personal
information that you provide in any
voluntary submission you make to DHS.
DHS may withhold information
provided in comments from public
viewing that it determines may impact
the privacy of an individual or is
offensive. For additional information,
please read the Privacy Act notice that
is available via the link in the footer of
https://www.regulations.gov.
Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
E:\FR\FM\17AUN1.SGM
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Agencies
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Notices]
[Pages 49256-49262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19731]
[[Page 49256]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2015-0047]
Privacy Act of 1974; Department of Homeland Security, U.S.
Customs and Border Protection, DHS/CBP-001, Import Information System,
System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to consolidate, update, and rename two
current Department of Homeland Security systems of records titled,
``Department of Homeland Security/U.S. Customs and Border Protection,
DHS/CBP-001 Automated Commercial Environment/International Trade Data
System System of Records'' (7 FR 3109, January 19, 2006) and
``Department of Homeland Security/U.S. Customs and Border Protection,
DHS/CBP-015 Automated Commercial System System of Records'' (73 FR
77759, December 19, 2008) as one new system of records. The
consolidated system of records notice will be titled, ``Department of
Homeland Security/U.S. Customs and Border Protection, DHS/CBP-001
Import Information System System of Records.'' This system of records
will continue to collect and maintain records on all commercial goods
imported into the United States, as well as information pertaining to
the carrier, broker, importer, and other persons associated with the
manifest, import, or commercial entry transactions for the goods.
As a result of a review of these two systems, the Department of
Homeland Security/U.S. Customs and Border Protection is combining the
system of records notices for these systems into one updated system of
records notice that includes changes to the categories of individuals
and to the categories of records regarding information maintained about
persons who have account access to trade data in the system. The
Department of Homeland Security/U.S. Customs and Border Protection is
also including an additional routine use for disclosing vessel manifest
information as required by statute, in addition to the new compilation
of routine uses reconciled from the prior systems of records notices.
Data from this system of records may be shared with law enforcement
and/or intelligence agencies pursuant to the routine uses identified
below. Additionally, the Department of Homeland Security is issuing a
Notice of Proposed Rulemaking to exempt this system of records from
certain provisions of the Privacy Act elsewhere in the Federal
Register. Lastly, this notice includes non-substantive changes to
simplify the formatting and text of the previously published notices.
This updated system will be included in the Department of Homeland
Security's inventory of record systems.
DATES: Submit comments on or before September 16, 2015. This updated
system will be effective September 16, 2015.
ADDRESSES: You may submit comments, identified by docket number DHS-
2015-0047 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 343-4010.
Mail: Karen L. Neuman, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, please visit https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
John Connors (202) 344-1610, CBP Privacy Officer, Office of the
Commissioner, U.S. Customs and Border Protection, Washington, DC 20229.
For privacy questions, please contact: Karen L. Neuman, (202) 343-1717,
Chief Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS), U.S. Customs and Border
Protection (CBP) proposes to consolidate, update, and rename as one
system of records notice (SORN) the information currently contained in
two DHS SORNs titled, ``DHS/CBP-001 Automated Commercial Environment/
International Trade Data System (ACE/ITDS) System of Records'' (7 FR
3109, January 19, 2006) and ``DHS/CBP-015 Automated Commercial System
(ACS) System of Records'' (73 FR 77759, December 19, 2008) . This new
SORN, entitled ``DHS/CBP-001 Import Information System (IIS),'' will
inform the public about changes to the categories of individuals,
categories of records, and routine uses contained in the consolidation
of the former ACS and ACE/ITDS SORNs.
ACS, a decades old trade information database and information
technology (IT) system, was deployed to track, control, and process all
commercial goods imported into the United States. ACE, part of a multi-
year modernization effort since 2001 to replace ACS, continues to be
designed to manage CBP's import trade data and related transaction
information. ACE/ITDS serves three sets of core stakeholders: The
internal DHS/CBP users, Partner Government Agencies (PGA), and the
trade community. ACE is the IT backbone for the ITDS, an interagency
initiative formalized under the SAFE Port Act of 2006 to create a
single window for the trade community and PGAs involved in importing
and exporting. DHS/CBP has provided notice to the public and trade
community that in the future, the ACS IT system will be fully phased
out and replaced by ACE. As such, and to simplify the trade community's
and the public's understanding of how trade information will be handled
after ACE implementation, DHS/CBP is publishing this Import Information
System (IIS) SORN to identify a single repository for import trade
information. DHS/CBP is also publishing an updated ACE Privacy Impact
Assessment on its Web site (https://www.dhs.gov/privacy) to inform the
public of the operation and inter-connectedness of the IT systems, ACS
and ACE, and to assess the privacy impact of these systems using the
fair information practice principles. This IIS system of records allows
DHS/CBP to collect and maintain records on all commercial goods
imported into the United States, along with related information about
persons associated with those transactions, and manifest information.
As part of this consolidation and issuance of IIS, the category of
individuals and category of records sections in the former ACS and ACE-
ITDS have been merged to account for the data in both IT systems, as
well as paper records related to the information in these systems. The
category of individuals section is amended to remove reference to DHS/
CBP employees and employees of other federal agencies for purposes of
maintaining their user access accounts to the ACE-ITDS Portal, because
these
[[Page 49257]]
individuals are now covered under a DHS-wide SORN, ``DHS/ALL-004
General Information Technology Access Account Records System (GITAARS)
(77 FR 70792, November 27, 2012). The category of records for IIS will
also include notations and results of examinations and document review
for cleared merchandise to clarify and better identify DHS and PGA-
generated information related to the processing of the import entry
transaction. Additionally, the category of records is being expanded to
address the expansion of information DHS/CBP proposes to collect on its
revised Importer ID Input Record (CBP Form 5106). DHS/CBP is adding
required elements for the name (First, Middle, Last) and business
contact information (job title and phone) of Senior Company Officers of
the Importer; DHS/CBP is also adding optional data fields on the form
for the Senior Officers to provide Social Security number (SSN) or
Passport Number and Country of Issuance. These latter, optional data
elements are to facilitate Importer screening and verification.
The authorities sections from the previous SORNs have been
combined, reconciled to address duplication, and updated to account for
expanded information collected about business associations as part of
the ACE-ITDS Portal user account. The purpose section for IIS reflects
an update to the combined purposes for ACS and ACE-ITDS and addresses
DHS/CBP's broad use of its import trade transaction IT systems (ACS and
ACE) to collect and manage records to track, control, and process all
commercial goods imported into the United States.
Consistent with DHS's information-sharing mission, information
stored in the DHS/CBP-001 Import Information System (IIS) may be shared
with other DHS Components that have a need to know the information to
carry out their national security, law enforcement, immigration, or
other homeland security functions. In addition, information may be
shared with appropriate federal, state, local, tribal, territorial,
foreign, or international government agencies consistent with the
routine uses set forth in this SORN and as otherwise authorized under
the Privacy Act.
Information in IIS may be shared for the same routine uses as were
previously published in ACS and ACE-ITDS, and are now updated in this
document:
ACS's former Routine Use K is now reclassified as Routine
Use G.
[cir] Routine Use G permits sharing of data under the following
circumstances: ``To appropriate federal, state, local, tribal, or
foreign governmental agencies or multilateral governmental
organizations responsible for investigating or prosecuting the
violations of, or for enforcing or implementing, a statute, rule,
regulation, order, license, or treaty when DHS determines that the
information would assist in the enforcement of civil or criminal
laws.''
ACE-ITDS's former Routine Use 3 is now reclassified as
Routine Use K.
[cir] Routine Use K permits sharing of data under the following
circumstances: ``To a federal, state, local, tribal, territorial,
foreign, or international agency, maintaining civil, criminal, or other
relevant enforcement information or other pertinent information, which
has requested information relevant to or necessary to the requesting
agency's or the bureau's hiring or retention of an individual, or
issuance of a security clearance, license, contract, grant, or other
benefit.''
Additionally, DHS/CBP is adding another routine use to IIS, Routine
Use R, to provide explicit coverage for the mandated release of
Manifest Information as set forth in section 1431 of title 19, United
States Code and implemented through title 19, Code of Federal
Regulations, part 103:
Routine Use R permits sharing of data under the following
circumstances: ``To paid subscribers, in accordance with applicable
regulations, for the purpose of providing access to manifest
information as set forth in 19 U.S.C. 1431.''
DHS/CBP will not assert any exemptions with regard to information
provided by or on behalf of an individual. However, this data may be
shared with law enforcement and/or intelligence agencies pursuant to
the routine uses identified in the IIS SORN and as otherwise authorized
under the Privacy Act. The Privacy Act requires that DHS maintain an
accounting of such disclosures. Disclosing the fact that a law
enforcement and/or intelligence agency has sought particular records
may interfere with or disclose techniques and procedures related to
ongoing law enforcement investigations. As such, DHS is issuing a
Notice of Proposed Rulemaking to exempt this system of records from
certain provisions of the Privacy Act elsewhere in the Federal
Register. This updated system will be included in DHS's inventory of
record systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which federal government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all persons when systems of records maintain
information on U.S. citizens, lawful permanent residents, and non-
immigrant aliens.
Below is the description of the DHS/CBP-001 Import Information
System (IIS) System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
these systems of records to the Office of Management and Budget and to
Congress.
System of Records
Department of Homeland Security (DHS)/U.S. Customs and Border
Protection (CBP)-001.
System name:
DHS/CBP-001 Import Information System (IIS).
Security classification:
Unclassified.
System location:
Records are maintained at the DHS/CBP Headquarters in Washington,
DC and field offices.
Categories of individuals covered by the system:
Categories of individuals in this system include members of the
public involved in the importation of merchandise and international
trade, such as importers, brokers, carriers, manufacturers, shippers,
consignees, cartmen/lightermen, filers, sureties, facility operators,
foreign trade zone operators, drivers/crew, attorneys/consultants, and
agents, in addition to persons required to file Customs Declarations
for international mail transactions (including sender and recipient).
Categories of records in the system:
Information maintained by ACE as part of the user account creation
process includes:
Account Information--Including Name of Company, Name of
Company Officer, Title of Company Officer, Company Organization
Structure, and
[[Page 49258]]
Officer's Date of Birth (optional). For Operators, this information
must match the name on the company's bond.
[cir] Account Owner Information--Name, Application Data, Email,
Date of Birth, Country, Address, and Business Phone Number.
[cir] Legal Entity Information--Name, Application Data, Email,
Country, Address, and Business Phone Number.
[cir] Point of Contact Information--Name, Application Data, Email,
Country, Date of Birth, Address, and Business Phone Number.
Business Activity Information--Depending on the account
type being established, CBP requires the following identifying
information to set up an ACE portal account. Users are limited to a
single identification number for the portal account being requested
with the exception of: Importer, broker, filer, software vendor,
service bureau, port authority, preparer, or surety agent, which can
use up to three identifying numbers for each portal view:
[cir] Importer/Broker/Filer/Surety: Importer Record Number; Filer
Code; Taxpayer Identification Number (TIN) [e.g., Internal Revenue
Service (IRS) Employer Identification Number (EIN)/SSN]; Surety Code.
[cir] Service Provider: Standard Carrier Alpha Code (SCAC) or Filer
Code; EIN/SSN.
[cir] Operator: EIN/SSN; Bond Number; Facilities Information and
Resources Management System (FIRMS) Code; Zone Number; Site Number.
Operators must also note whether their background investigation has
been completed by CBP, and whether their fingerprints are on file with
CBP.
[cir] Cartman/Lighterman: Cartman/Lighterman Identification Number;
Customhouse License (CHL) Number; Passport Number; Country of Issuance;
Date of Expiration; U.S. Visa Number; Birth Certification Number;
Permanent Resident Card Number; Certificate of Naturalization;
Certificate of U.S. Citizenship; Re-entry Permit Number (I-327);
Refugee Permit Number; Other Identification (such as Military
Dependent's Card, Temporary Resident Card, Voter Registration Card). A
Cartman/Lighterman must also note whether his or her background
investigation has been completed by CBP, and whether his or her
fingerprints are on file with CBP.
[cir] Carriers: SCAC; Bond Numbers; Importer Record for Type 2 Bond
(if applicable).
[cir] Drivers/Crew: Commercial Driver License (CDL) Number; State/
Province of Issuance; Country; whether the Driver has an Enhanced CDL
or is HAZMAT endorsed; Full Name; Date of Birth; Gender; Citizenship;
Travel Documentation (and Country of Issuance) such as: Passport Number
or Permanent Resident Card; or other type of identification including:
SENTRI Card; NEXUS \1\; U.S. Visa (non-immigrant or immigrant);
Permanent Resident Card; U.S. Alien Registration Card; U.S. Passport
Card; DHS Refugee Travel Document; DHS Re-Entry Permit; U.S. Military
ID Document; or U.S. Merchant Mariner Document.
---------------------------------------------------------------------------
\1\ SENTRI and NEXUS are Trusted Traveler Cards used for
expedited border crossing along the southern and northern borders,
respectively. See, https://www.cbp.gov/travel/trusted-traveler-programs.
---------------------------------------------------------------------------
Information maintained by ACE as part of the trade facilitation
process includes:
Filer Information
[cir] Importer of Record Name and Address--The name and address,
including the standard postal two-letter state or territory
abbreviation, of the importer of record. The importer of record is
defined as the owner or purchaser of the goods, or when designated by
the owner, purchaser, or consignee, a licensed customs broker. The
importer of record is the individual or firm liable for payment of all
duties and meeting all statutory and regulatory requirements incurred
as a result of importation, as described in 19 CFR 141.1(b).
[cir] Consignee Number--IRS EIN, SSN, or CBP-assigned number of the
consignee. This number must reflect a valid identification number filed
with CBP via the CBP Form 5106 or its electronic equivalent.
[cir] Importer Number--The IRS EIN, SSN, or CBP-assigned number of
the importer of record.
[cir] Reference Number--The IRS EIN, SSN, or CBP-assigned number of
the individual or firm to whom refunds, bills, or notices of extension
or suspension of liquidation are to be sent (if other than the importer
of record and only when a CBP Form 4811 is on file).
[cir] Ultimate Consignee Name and Address--The name and address of
the individual or firm purchasing the merchandise or, if a consigned
shipment, to whom the merchandise is consigned.
[cir] Broker/Filer Information--A broker or filer name, address,
and phone number.
[cir] Broker/Importer File Number--A broker or importer internal
file or reference number.
[cir] Bond Agent Information--Bond agent name, SSN or a surety
created identification, and surety name.
[cir] Declarant Name, Title, Signature, and Date--The name, job
title, and signature of the owner, purchaser, or agent who signs the
declaration. The month, day, and year when the declaration was signed.
[cir] Importer Business Description--Including the Importer Dun &
Bradstreet (DUNS) Number and the North American Industry Classification
System (NAICS) number for Importer Business.
[cir] Senior Officers of the Importing Company--Information
pertaining to Senior Officers of the Importing Company with an
importing or financial role in trade transactions: Position title; Name
(First, Middle, Last); Business Phone; SSN (Optional); Passport Number
(Optional); Passport Country of Issuance (Optional).
[cir] Additional Data Elements--Filers may, on their own
initiative, provide additional or clarifying information on the form
provided such additional information does not interfere with the
reporting of those required data elements.
Supply Chain Information
[cir] Manufacturer Information:
[ssquf] Manufacturer (or supplier) name;
[ssquf] Manufacturer (or supplier) address;
[ssquf] Foreign manufacturer identification code and/or shipper
identification code;
[ssquf] Foreign manufacturer name and/or shipper name; and
[ssquf] Foreign manufacturer address and/or shipper address.
[cir] Carrier Information:
[ssquf] Importing Carrier--For merchandise arriving in the U.S. by
vessel, CBP records the name of the vessel that transported the
merchandise from the foreign port of lading to the first U.S. port of
unlading.
Vessel Identifier Code;
Vessel Name;
Carrier Name;
Carrier Address;
Carrier codes (non-SSN) (Standard Carrier Agent Code
(SCAC) for vessel carriers, International Air Transport Association
(IATA) for air carriers);
Department of Transportation (DOT) number,
Tax Identification Number;
DUNS;
Organizational structure; and
Insurance information including name of insurer, policy
number, date of issuance, and amount.
The carrier can create users and points of contact, and
may also choose to store details associated with the driver and crew,
conveyance, and equipment for purposes of expediting the creation of
manifests.
[ssquf] Mode of Transport--The mode of transportation by which the
imported merchandise entered the U.S. port of arrival from the last
foreign country.
[[Page 49259]]
The mode of transport may include vessel, rail, truck, air, or mail.
[ssquf] Export Date--The month, day, and year on which the carrier
departed the last port (or airport, for merchandise exported by air) in
the exporting country.
[cir] Liquidator identification (non-SSN);
[cir] Seller (full name and address or a widely accepted industry
number such as a DUNS number);
[cir] Buyer (full name and address or a widely accepted industry
number such as a DUNS number);
[cir] Ship to party name;
[cir] Consolidator (stuffer);
[cir] Foreign trade zone applicant identification number;
[cir] Country of origin;
[cir] Commodity Harmonized Tariff Schedule of the United States
(HTSUS) number;
[cir] Booking party; and
[cir] Other identification information regarding the party to the
transaction.
Crewmember/Passenger Information
[cir] Carrier Information--Including vessel flag and vessel name,
date of arrival, and port of arrival (CBP Form 5129);
[cir] Person on arriving conveyance who is in charge;
[cir] Names of all crew members and passengers;
[cir] Date of birth of each crew member and passenger;
[cir] Commercial driver license (CDL)/driver license number for
each crew member;
[cir] CDL state or province of issuance for each crew member;
[cir] CDL country of issuance for each crew member;
[cir] Travel document number for each crew member and passenger;
[cir] Travel document country of issuance for each crew member and
passenger;
[cir] Travel document for state/province of issuance for each crew
member and passenger;
[cir] Travel document type for each crew member and passenger;
[cir] Address for each crew member and passenger;
[cir] Gender of each crew member and passenger;
[cir] Nationality/citizenship of each crew member and passenger;
and
[cir] HAZMAT endorsement for each crew member.
Federal Employee Information (including CBP and PGA
employees)
[cir] CBP employee names;
[cir] CBP employee hash identification, SSN, or other employee
identification number; and
[cir] Federal Government employee names, work addresses, work phone
numbers, and ACE identification if already an ACE-ITDS user.
Manifest Information
[cir] Bill of Lading (B/L) or Air Waybill (AWB) Number--The number
assigned on the manifest by the international carrier delivering the
goods to the United States.
[cir] Immediate Transportation Number--The Immediate Transportation
number obtained from the CBP Form 7512, the AWB number from the Transit
Air Cargo Manifest (TACM), or Automated Manifest System (AMS) master
in-bond (MIB) movement number.
[cir] Immediate Transportation Date--The month, day, and year
obtained from the CBP Form 7512, TACM, or AMS MIB record. Note that
Immediate Transportation date cannot be prior to import date.
[cir] Missing Documents--Codes that indicate which documents are
not available at the time of filing the entry summary.
[cir] Foreign Port of Lading--The five digit numeric code listed in
the ``Schedule K'' (Classification of Foreign Ports by Geographic Trade
Area and Country) for the foreign port at which the merchandise was
actually laden on the vessel that carried the merchandise to the United
States.\2\
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\2\ The ``Schedule K'' may be retrieved at: https://www.iwr.usace.army.mil/ndc/wcsc/scheduleK/schedulek.htm.
---------------------------------------------------------------------------
[cir] U.S. Port of Unlading--The U.S. port code where the
merchandise was unladen (or, delivered) from the importing vessel,
aircraft, or train.
[cir] Location of Goods/General Order (GO) Number--Also known as a
``container stuffing location,'' the pier or site where the goods are
available for examination. For air shipments, this is the flight
number.
CBP Generated Records
[cir] Entry Number--The entry number is a CBP-assigned number that
is unique to each Entry Summary (CBP Form 7501).
[cir] Entry Type--Entry type denotes which type of entry summary is
being filed (i.e., consumption, information, and warehouse). The sub-
entry type further defines the specific processing type within the
entry category (i.e., free and dutiable, quota/visa, anti-dumping/
countervailing duty, and appraisement).\3\
---------------------------------------------------------------------------
\3\ Automated Broker Interface (ABI) processing requires an ABI
status indicator. This indicator must be recorded in the entry type
code block. It is to be shown for those entry summaries with ABI
status only.
---------------------------------------------------------------------------
[cir] Summary Date--The month, day, and year on which the entry
summary is filed with CBP. The record copy of the entry summary will be
time stamped by the filer at the time of presentation of the entry
summary. Use of this field is optional for ABI statement entries. The
time stamp will serve as the entry summary date. The filer will record
the proper team number designation in the upper right portion of the
form above this block (three-character team number code).\4\
---------------------------------------------------------------------------
\4\ For ABI entry summaries, the team number is supplied by
CBP's automated system in the summary processing output message.
---------------------------------------------------------------------------
[cir] Port Code--The port is where the merchandise was entered
under an entry or released under an immediate delivery permit. CBP
relies on the U.S. port codes from Schedule D, Customs District and
Port Codes, listed in Annex C of the Harmonized Tariff Schedule (HTS).
[cir] Entry Date--The month, day, and year on which the goods are
released, except for immediate delivery, quota goods, or when the filer
requests another date prior to release.\5\ It is the responsibility of
the filer to ensure that the entry date shown for entry/entry summaries
is the date of presentation (i.e., the time stamp date). The entry date
for a warehouse withdrawal is the date of withdrawal.
---------------------------------------------------------------------------
\5\ 19 CFR 141.68.
---------------------------------------------------------------------------
[cir] Manufacturer ID--This code identifies the manufacture/shipper
of the merchandise by a CBP-constructed code. The manufacturer/shipper
identification code is required for all entry summaries and entry/entry
summaries, including informal entries, filed on the CBP Form 7501.
[cir] Notes--Notations and results of examinations and document
review for cleared merchandise.
[cir] Trade violation statistics.
[cir] Protest and appeal decision case information.
Surety and Bond Information
[cir] Surety Information--Full legal name of entity, address.
[cir] Surety Number--A three-digit numeric code that identifies the
surety company on the Customs Bond. This code can be found in block 7
of the CBP Form 301, or is available through CBP's automated system to
ABI filers, via the importer bond query transaction.
[cir] Bond Type--A three-digit numeric code identifying the
following type of bond: U.S. Government or entry types not requiring a
bond; Continuous; or Single Transaction.
[cir] Additional Bond Information--All authorized users of bond,
bond expiration date.
Merchandise-Specific Information
[cir] Line Number--A commodity from one country, covered by a line
which
[[Page 49260]]
includes a net quantity, entered value, HTS number, charges, rate of
duty and tax.
[cir] Description of Merchandise--A description of the articles in
sufficient detail (i.e., gross weight, manifest quantity, net quantity
in HTS units, U.S. dollar value, all other charges, costs, and expenses
incurred while bringing the merchandise from alongside the carrier at
the port of exportation in the country of exportation and placing it
alongside the carrier at the first U.S. port of entry).
[cir] License Numbers--For merchandise subject to agriculture
licensing.
[cir] Country of Origin--The country of origin is the country of
manufacture, production, or growth of any article. When merchandise is
invoiced in or exported from a country other than that in which it
originated, the actual country of origin shall be specified rather than
the country of invoice or exportation.
[cir] Import Date--The month, day, and year on which the importing
vessel transporting the merchandise from the foreign country arrived
within the limits of the U.S. port with the intent to unlade.
[cir] Exporting Country--The country of which the merchandise was
last part of the commerce and from which the merchandise was shipped to
the United States.
Authority for maintenance of the system:
IIS derives its authority from 19 U.S.C. 66, 1431, 1448, 1481,
1484, 1505, 1514, 1624, and 2071; 26 U.S.C. 6109(d); 31 U.S.C. 7701(c);
section 203 of the Security and Accountability for Every (SAFE) Port
Act of 2006 and section 343(a) of the Trade Act of 2002, as amended by
the Maritime Transportation Security Act of 2002; Title 19 of the Code
of Federal Regulations, including 19 CFR 24.5, 149.3, 101.9, and
103.31(e).
Purpose(s):
This system of records allows DHS/CBP to collect and maintain
records on all commercial goods imported into the United States, along
with carrier, broker, importer, and other ACE-ITDS Portal user account
and manifest information. The purpose of this system of records is to
track, control, and process all commercial goods imported into the
United States. This facilitates the flow of legitimate shipments, and
assists DHS/CBP in securing U.S. borders and targeting illicit goods.
IIS covers two principle information technology systems: The Automated
Commercial System (ACS) and ACE-ITDS. ACS employs multiple modules to
receive data transmissions from a variety of parties involved in
international commercial transactions and provides DHS/CBP with the
capability to track both the transport transactions and the financial
transactions associated with the movement of merchandise through
international commerce. ACE-ITDS modernizes and enhances trade
processing with features that will consolidate and automate border
processing. ACE-ITDS serves three sets of core stakeholders: The
internal DHS/CBP users, PGAs, and the trade community in the movement
of merchandise through international commerce.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including Offices of the
United States Attorneys, or other federal agency conducting litigation
or in proceedings before any court, adjudicative, or administrative
body, when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
1. DHS or any Component thereof;
2. Any employee or former employee of DHS in his or her official
capacity;
3. Any employee or former employee of DHS in his or her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) that rely upon
the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, license,
or treaty when DHS determines that the information would assist in the
enforcement of civil or criminal laws.
H. To a federal, state, or local agency, or other appropriate
entity or individual, or through established liaison channels to
selected foreign governments, in order to provide intelligence,
counterintelligence, or other information for the purposes of
intelligence, counterintelligence, or antiterrorism activities
authorized by U.S. law, Executive Order, or other applicable national
security directive.
I. To the Department of Commerce, United States Census Bureau for
statistical analysis of foreign trade data.
J. To a federal agency, pursuant to an International Trade Data
System Memorandum of Understanding, consistent with the receiving
agency's legal authority to collect information pertaining to and/or
regulate transactions in international trade.
K. To a federal, state, local, tribal, territorial, foreign, or
international agency, maintaining civil, criminal, or other relevant
enforcement information
[[Page 49261]]
or other pertinent information, which has requested information
relevant or necessary to the requesting agency's hiring or retention of
an individual, or issuance of a security clearance, license, contract,
grant, or other benefit;
L. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations, in response to a subpoena, or in connection with criminal
law proceedings;
M. To third parties during the course of an investigation to the
extent necessary to obtain information pertinent to the investigation;
N. To the Department of Justice, Offices of the United States
Attorneys or a consumer reporting agency as defined by the Fair Credit
Reporting Act, address or physical location information concerning the
debtor, for further collection action on any delinquent debt when
circumstances warrant;
O. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations when
DHS is aware of a need to use relevant data for purposes of testing new
technology and systems designed to enhance national security or
identify other violations of law;
P. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
federal, state, or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes when
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility;
Q. To an organization or individual in either the public or private
sector, either foreign or domestic, when there is a reason to believe
that the recipient is or could become the target of a particular
terrorist activity or conspiracy, to the extent the information is
relevant to the protection of life or property;
R. To paid subscribers, in accordance with applicable regulations,
for the purpose of providing access to manifest information as set
forth in 19 U.S.C. 1431;
S. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
Yes, CBP may disclose, pursuant to 5 U.S.C. 552a(b)(12), to
consumer reporting agencies in accordance with the provision of 15
U.S.C. 1681, et seq. or the Federal Claims Collection Act of 1966 as
amended (31 U.S.C. 3701, et seq.). The purpose of this disclosure is to
aid in the collection of outstanding debts owed to the Federal
Government, typically, to provide an incentive for debtors to repay
delinquent Federal Government debts by making these part of their
credit records.
Disclosure of records is limited to the individual's name, address,
EIN/SSN, and other information necessary to establish the individual's
identity; the amount, status, and history of the claim; and the agency
or program under which the claim arose. The disclosure will be made
only after the procedural requirements of 31 U.S.C. 3711(e) have been
followed.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
CBP stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
CBP retrieves records by file identification codes, name or other
personal identifier.
Safeguards:
CBP safeguards records in this system in accordance with applicable
rules and policies, including all applicable DHS automated systems
security and access policies. CBP imposes strict controls to minimize
the risk of compromising the information that is being stored. Access
to the computer system containing the records in this system is limited
to those individuals who have a need to know the information for the
performance of their official duties and who have appropriate
clearances or permissions. The systems maintain a real-time auditing
function of individuals who access them. Additional safeguards may vary
by Component and program.
Retention and disposal:
The Importer Security Filing form is retained for fifteen years
from date of submission unless it becomes linked to law enforcement
action. All other import records contained within IIS are maintained
for a period of six years from the date of entry.
Some records are retained online in a system database, while others
may be retained in hard copy in ports of entry, as appropriate.
Personally identifiable information collected in IIS as part of the
regulation of incoming cargo will be retained in accordance with the
U.S. Customs Records Schedules approved by the National Archive and
Records Administration for the forms on which the data is submitted.
This means that cargo, crew, driver, and passenger information
collected from a manifest presented in connection with the arrival of a
vessel, vehicle, or aircraft will be retained for six years.
Information collected in connection with the submission of a Postal
Declaration for a mail importation will be retained for a maximum of
six years and three months (as set forth pursuant to NARA Authority N1-
36-86-1, U.S. Customs Records Schedule, Schedule 9 Entry Processing,
Items 4 and 5).
System Manager and address:
Director, Integrated Logistic Support, Cargo Systems Program
Office, Office of Information Technology, U.S. Customs and Border
Protection, who is located at 1801 North Beauregard Street, Alexandria,
Virginia 22311.
Notification procedure:
ACE-ITDS portal users may log in to ACE-ITDS to change their
profile information and make permissible amendments or corrections to
their records. Individuals seeking notification of and access to any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to the DHS/CBP Freedom of
Information Act (FOIA) Officer, whose contact information can be found
at https://www.dhs.gov/foia under ``Contacts.'' If an individual
believes more than one Component maintains Privacy Act records
concerning him or her, the individual may submit the request to the
Chief Privacy Officer and Chief FOIA Officer, Department of Homeland
Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC
20528.
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 6 CFR part 5. You must
first verify your identity,
[[Page 49262]]
meaning that you must provide your full name, current address, and date
and place of birth. You must sign your request, and your signature must
either be notarized or submitted under 28 U.S.C. 1746, a law that
permits statements to be made under penalty of perjury as a substitute
for notarization. Although no specific form is required, you may obtain
forms for this purpose from the Chief Privacy Officer and Chief FOIA
Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition, you
should:
Explain why you believe the Department would have
information on you;
Identify which Component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created; and
Provide any other information that will help the FOIA
staff determine which DHS Component agency may have responsive records;
and
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his or her agreement for you to access his or her records.
Without the above information, the Component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records are obtained through authorized DHS/CBP or other federal
agency forms, related documents, or electronic submissions from
individuals and/or companies incidental to the conduct of foreign trade
and required to administer the transportation and trade laws and
regulations of the United States.
Exemptions claimed for the system:
DHS/CBP will not assert any exemptions with regard to information
provided by or on behalf of an individual, when requested by the data
subject. However, this data may be shared with law enforcement and/or
intelligence agencies pursuant to the routine uses identified in the
IIS SORN. The Privacy Act requires DHS to maintain an accounting of
such disclosures made pursuant to all routine uses. Disclosing the fact
that a law enforcement and/or intelligence agency has sought particular
records may affect ongoing law enforcement activity. As such, DHS will
claim exemption pursuant to 5 U.S.C. 552a(j)(2) from sections (c)(3),
(e)(8), and (g)(1) of the Privacy Act, and pursuant to 5 U.S.C.
552a(k)(2) from section (c)(3) of the Privacy Act, from providing an
individual the accounting of disclosures, as necessary and appropriate
to protect this information.
Dated: July 31, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2015-19731 Filed 8-14-15; 8:45 am]
BILLING CODE 9111-14-P