Privacy Act of 1974; Department of Homeland Security U.S. Customs and Border Protection-DHS/CBP-020 Export Information System (EIS) System of Records., 53181-53185 [2015-21675]
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in the estimates of burden were based
on historical data and current training
provider outreach. The estimate of
annualized cost was updated based off
of actual wage.
The prior information collection
request for OMB No. 1601–0016 was
approved through April 30, 2015 by
OMB. This collection will be submitted
to OMB for review to request
reinstatement of the collection. DHS
CE&A has revised the collection to
reflect three changes. These changes
include the addition of: Training/WFD
Provider Logo, Organization URL,
National Cybersecurity Workforce
Framework Role collection. These
changes were added based on input
received from the public. Including
provider logos and an organization URL
allows users to more easily find
organization information. The addition
of Cybersecurity Workforce Framework
Role information will allow users to
better align their courses with specific
cybersecurity roles found in the newest
Workforce Framework. The adjustments
reported in the estimates of burden were
based on historical data and current
training provider outreach. The estimate
of annualized cost was updated based
off of actual wage.
The Office of Management and Budget
is particularly interested in comments
which:
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;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
Analysis
Agency: Cybersecurity Education &
Awareness Office, DHS
Title: Agency Information Collection
Activities: National Initiative for
Cybersecurity Careers and Studies
(NICCS) Cybersecurity Training and
Education Catalog (Training/Workforce
Development Catalog) Collection
OMB Number: 1601–0016
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Frequency: On occasion
Affected Public: Private Sector
Number of Respondents: 1000
Estimated Time per Respondent: 2.5
hours
Total Burden Hours: 2,125 hours
Dated: August 27, 2015.
Carlene C. Ileto,
Executive Director, Enterprise Business
Management Office.
[FR Doc. 2015–21673 Filed 9–1–15; 8:45 am]
BILLING CODE 9110–9B–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2015–0054]
Privacy Act of 1974; Department of
Homeland Security U.S. Customs and
Border Protection—DHS/CBP–020
Export Information System (EIS)
System of Records.
53181
Department of Homeland Security,
Washington, DC 20528.
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, U.S. Customs and Border
Protection, Department of Homeland
Security, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
I. Background
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to issue a
new Department of Homeland Security
system of records titled, ‘‘Department of
Homeland Security/U.S. Customs and
Border Protection—DHS/CBP–020
Export Information System System of
Records.’’ This system of records is used
by the Department of Homeland
Security/U.S. Customs and Border
Protection to collect and maintain
records on export commodity and
transportation shipment data.
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 of 1974, as
amended, elsewhere in the Federal
Register. This system will be included
in the Department of Homeland
Security’s inventory of record systems.
DATES: Submit comments on or before
October 2, 2015. This new system will
be effective October 2, 2015.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2015–0054 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,
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
establish a new DHS system of records
titled, ‘‘DHS/CBP–020 Export
Information System (EIS) System of
Records.’’ The system of records is used
by CBP to collect, use, and maintain
paper and electronic records required to
track, control, and process cargo
exported from the United States. EIS
allows CBP to enhance national
security, enforce U.S. law, and facilitate
legitimate international trade.
CBP is publishing a system of records
notice (SORN) for EIS because CBP uses
EIS to collect and process information to
comply with export laws and facilitate
legitimate international trade. CBP is
charged with enforcing all U.S. export
laws at the border and the exporting
community is required to report export
data to CBP that contains personally
identifiable information (PII).
Subsection (a) of Section 343 of the
Trade Act of 2002 (19 U.S.C. 2071)
mandates that the Secretary of
Homeland Security (formerly the
Secretary of Treasury) collect cargo
information ‘‘through an electronic data
interchange system,’’ prior to the
departure of the cargo from the United
States by any mode of commercial
transportation (see 19 U.S.C. 2071 note.)
Pursuant to statute, CBP promulgated a
regulation requiring pre-departure filing
of electronic information to allow CBP
to examine the data before cargo leaves
the United States (see Electronic
Information for Outward Cargo
Privacy Office, Office of the
Secretary, Department of Homeland
Security.
ACTION: Notice of Privacy Act system of
records.
SUMMARY:
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Required in Advance of Departure (19
CFR 192.14)). CBP required exporters to
provide electronic cargo information
through the Automated Export System
(AES) to avoid redundancy as
specifically mandated by Congress (see
Mandatory Pre-Departure Filing of
Export Cargo Information Through the
Automated Export System, 73 FR 32466
(June 9, 2008)).
To comply with the regulation,
exporters must file the Electronic Export
Information (EEI), formerly the
Shipper’s Export Declaration (SED) 1
when the value of the commodity
classified under each individual
Schedule B number is over $2,500 or if
a validated export license is required to
export the commodity. The exporter is
responsible for preparing the EEI and
the carrier files it with CBP through the
AES or AES Direct (operated by the
Department of Commerce, U.S. Census
Bureau). Cargo information collected by
CBP includes PII such as a shipper’s
name, address, and tax identifying
number (TIN).
According to the U.S. Census Bureau,
in a standard export transaction, it is the
U.S. Principal Party in Interest’s (USPPI)
responsibility to prepare the EEI.
However, the USPPI can give freight
forwarders a power of attorney (POA) or
written statement (WA) authorizing
them to prepare and file the EEI on their
behalf. In a routed export transaction,
however, the Foreign Principal Party in
Interest (FPPI) must provide a POA or
WA to prepare the EEI to either the
USPPI or a U.S. Authorized Agent.
The Internal Transaction Number
(ITN) or exemption citation must be
provided by the EEI filer to the carrier
when the goods are presented for
export. The carrier is responsible for
providing the ITN or exemption citation
to CBP. CBP Officers will verify that the
ITN or exemption citations clearly
stated on export documents and
provided to the carrier(s) within the
prescribed timeframes. The procedures
for filing vary by cargo type (vessel,
truck, air, or rail). The timeframes for
filing varies according to the method of
transportation for pre-departure filing
(State Department United States
1 13 U.S.C. 301 (Department of Commerce, U.S.
Census Bureau root authority to collect the SED,
now EEI); pursuant to section 303, CBP (then U.S.
Customs Service, Dept. of Treasury) is required to
develop an automated system for collecting this
export data. Through title 13, the Census Bureau
holds stewardship of export data. Under the Trade
Act of 2002 (19 U.S.C. 2071 note), CBP is required
to collect an export manifest containing a
declaration identifying the parties to the
transaction, a physical description of the
commodity, its quantity, mode of conveyance, and
ports of origin and destination. Through title 19,
CBP, similarly, holds stewardship of export data.
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Munitions List (USML) shipments and
non-USML shipments).
CBP is publishing this system of
records notice to provide notice of the
records maintained by CBP concerning
individuals who participate in exporting
goods from the United States. CBP
previously published a Privacy Impact
Assessment (PIA) for EIS last year.2
Consistent with DHS’s informationsharing mission, information stored in
the DHS/CBP–020 EIS System of
Records may be shared with other DHS
Components that have a need to know
the information to carry out their
national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, information may be shared
with appropriate federal, state, local,
tribal, territorial, foreign, or
international government agencies or
other parties consistent with the routine
uses set forth in this SORN. In
particular, information may be shared
with the U.S. Department of Commerce,
Bureau of Industry and Security, and
the U.S. Department of State, Directorate
of Defense Trade Controls, relating to
compliance and enforcement of licenses
issued by these respective agencies
concerning the controlled nature or
sensitive technology present in the
exported commodities (e.g., certain
central processing unit designs,
weapons systems).
Additionally, DHS is issuing a Notice
of Proposed Rulemaking elsewhere in
the Federal Register to exempt this
system of records from certain
provisions of the Privacy Act. This
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 that govern the
means by which federal 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. An individual is defined in
the Privacy Act 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.
2 https://www.dhs.gov/publication/exportinformation-system-eis.
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citizens, lawful permanent residents,
and foreign nationals.
Below is the description of the DHS/
CBP–020 EIS System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system 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)–020
SYSTEM NAME:
DHS/CBP–020 Export Information
System (EIS) System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the CBP
Headquarters in Washington, DC, and
field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals covered
by the system are DHS or CBP
employees and individuals who process
and ensure the compliance of goods
exported from the United States. Those
individuals who process and ensure the
compliance of exported goods include:
The filer or transmitter of the
information; the exporter or U.S.
Principal Party in Interest (USPPI); the
freight forwarder, or other U.S.
authorized agent filing for the USPPI;
the shipper; the intermediate consignee,
who is the agent for the exporter in the
foreign country; the ultimate consignee,
who is the person, party, or designee
located abroad that will receive the
export shipment; and individuals
related to the specific commodity (e.g.,
for hazardous material, an emergency
point of contact).
CATEGORIES OF RECORDS IN THE SYSTEM:
EIS contains records that include the
following information:
• Information about the filer,
exporter, USPPI, ultimate consignee, or
authorized U.S. agent, which may
include:
Æ Full name;
Æ Tax Identification Number (TIN) or
other trade identifiers;
Æ Telephone numbers;
Æ Email addresses;
Æ Addresses and zip codes;
Æ Certificate or license numbers
(including licenses issued by various
federal agencies);
Æ Signatures; and
Æ License certifier or other
registration numbers.
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• Information about the DHS/CBP
employee annotating the record or
ensuring compliance with export
control regulations, which may include:
Æ Full Name;
Æ Identification number or badge
number.
• Shipment information:
Æ Mode of transportation;
Æ Carrier;
Æ Origin, port of export, port of
unlading, and destination;
Æ Date of export; and
Æ Hazardous material indicator.
• Commodity information:
o Description, which may include the
make, model, serial number, caliber,
manufacturer, or hazardous material
description;
Æ Quantity;
Æ Value;
Æ Weight;
Æ License, certification document,
export license, or Kimberly Process
Certificate numbers; 3
Æ Vehicle title numbers;
Æ Vehicle identification number
(VIN);
Æ Certificate or license registrant’s
number; and
Æ Hazardous material emergency
contact name and telephone number.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Pursuant to 19 U.S.C. 482, 1467,
1581(a) and the Security and
Accountability for Every (SAFE) Port
Act of 2006, Public Law 109–347, 120
Stat. 1884 (Oct. 13, 2006); CBP has the
authority to board vessels or vehicles
and conduct searches of cargo; pursuant
to 46 U.S.C. 60105, vessels must obtain
clearance from CBP prior to departing
from the United States for a foreign port
or place; and pursuant to 19 U.S.C.
1431, CBP collects and reviews data for
outbound cargo in EIS to ensure
compliance with laws CBP is charged
with enforcing. Subsection (a) of Section
343 of the Trade Act of 2002 mandated
that the Secretary of Homeland Security
(formerly the Secretary of Treasury)
collect cargo information ‘‘through an
electronic data interchange system,’’
prior to the departure of the cargo from
the United States. See 19 U.S.C. 2071
note and 19 CFR 192.14. EIS includes
the data collected in AES/ACE and from
paper forms and documents, as CBP
moves from paper to an entirely
electronic collection process.
The export laws CBP enforces
include:
• The Tariff Act of 1930, as amended,
19 U.S.C. Chapter 4;
3 A Kimberly Process Certificate number is a
control number issued on each Kimberly Diamond
Process certificate pursuant to the Clean Diamond
Trade Act (2003), Public Law 108–19, 117 Stat. 631,
19 U.S.C. 3901–3913.
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• 13 U.S.C. 301–307 (Collection and
Publication of Foreign Commerce and
Trade Statistics) of 1962, Public Law
87–826, 76 Stat. 951, as amended;
• The Prosecutorial Remedies and
Other Tools to End the Exploitation of
Children Today (PROTECT) Act of 2003,
Public Law 108–21, 117 Stat. 650, as
amended, 18 U.S.C. 2251–2256; and 18
U.S.C. 1461, 1463, 1465, and 1466
(relating to obscenity and child
pornography);
• The Anti Car Theft Act of 1992,
Public Law 102–519, 106 Stat. 3384, 19
U.S.C. 1646b, 1646c;
• The Clean Diamond Trade Act
(2003), Public Law 108–19, 117 Stat.
631, 19 U.S.C. 3901–3913;
• The Federal Food, Drug, and
Cosmetic Act (1938), Public Law 75–
717, 52 Stat. 1040, as amended, 21
U.S.C. 301–399;
• The Controlled Substances Import
and Export Act (1970), Public Law 91–
513, 84 Stat. 1236, as amended, 21
U.S.C. 953;
• The Arms Export Control Act of
1979, Public Law 90–629, 82 Stat. 1320,
as amended, 22 U.S.C. 2778, 2780, and
2781;
• The Currency and Foreign
Transactions Reporting Act of 1970
(commonly referred to as the Bank
Secrecy Act), Public Law 91–508, 84
Stat. 1122, as amended, 31 U.S.C. 5311,
et seq.;
• The Atomic Energy Act of 1954,
Public Law 83–703, 68 Stat. 919, as
amended, 42 U.S.C. 2011, 2077, 2122,
2131, 2138, 2155–2157;
• The Trading With the Enemy Act of
1917, Public Law 65–91, 40 Stat. 411, as
amended, 50 U.S.C. App. 1–44;
• The International Emergency
Economic Powers Act (1977), Public
Law 95–223, 91 Stat. 1628, as amended,
50 U.S.C. 1701–1706;
• The Export Administration
Regulations, 15 CFR parts 730–744;
• The Lanham Act (Trademark Act of
1946), Public Law 79–489, 60 Stat. 427,
as amended, 15 U.S.C. 1051, et seq.; and
• The Endangered Species Act of
1973, Public Law 93–205, 87 Stat. 884,
as amended, 16 U.S.C. 1531, et seq.
PURPOSE(S):
The purpose of EIS is to be the central
point through which CBP collects and
maintains export data and related
records to facilitate DHS’s law
enforcement and border security
missions. DHS uses EIS as a tool to
further its mission to ensure the safety
and security of cargo, prevent
smuggling, and enforce export and other
applicable U.S. laws.
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53183
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Consistent with the purposes noted
above, or as otherwise authorized by
law, and 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 U.S. Attorney,
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 pursuant to a written Privacy Act
waiver 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
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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 who are 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
believes the information would assist
the enforcement of civil or criminal
laws.
H. To the Department of Commerce,
U.S. Census Bureau to fulfill its
statutory mandate of collecting
international trade statistics.
I. To federal agencies, pursuant to the
International Trade Data System
Memorandum of Understanding,
consistent with the receiving agency’s
legal authority to collect information
pertaining to or regulating transactions
to ensure cargo safety and security, or to
prevent smuggling.
J. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations when DHS reasonably
believes there to be a threat or potential
threat to national or international
security and for which the information
may be relevant in countering the threat
or potential threat.
K. To a federal, state, tribal, or local
agency, or other appropriate entity or
individual, or foreign governments, in
order to provide relevant information
related to intelligence,
counterintelligence, or antiterrorism
activities authorized by U.S. law,
Executive Order, or other applicable
national security directive.
L. 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, or when
the information is relevant and
necessary to the protection of life or
property.
M. To a court, magistrate, or
administrative tribunal in the course of
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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;
N. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation.
O. 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 DHS requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility;
P. To an appropriate federal, state,
local, tribal, foreign, or international
agency, if the information is relevant to
a requesting agency’s decision
concerning the hiring or retention of an
individual, or issuance of a security
clearance, license, contract, grant, or
other benefit, or if the information is
relevant to a DHS decision concerning
the hiring or retention of an employee,
the issuance of a security clearance, the
reporting of an investigation of an
employee, the letting of a contract, or
the issuance of a license, grant, or other
benefit.
Q. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations for the purpose of
protecting the vital health interests of a
data subject or other persons (e.g., to
assist such agencies or organizations in
preventing exposure to or transmission
of a communicable or quarantinable
disease or to combat other significant
public health threats). Appropriate
notice will be provided of any identified
health threat or risk.
R. To the public, certain outbound
manifest information, including the
name and address of the shipper;
general character, size, weight, and
description of the cargo; the name of the
vessel or carrier; the port of exit; the
port of destination; and country of
destination; and which may be made
public pursuant to 19 U.S.C. 1431, 46
U.S.C. 60105, and 19 CFR 103.31.
S. To organizations engaged in theft
prevention activities regarding certain
outbound manifest information
regarding vehicles, as authorized
pursuant to 19 U.S.C. 1627a.
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T. 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:
None.
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 name,
address, telephone number, search
terms, or TIN.
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 it stores. CBP limits access
to the computer system containing the
records in this system 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.
RETENTION AND DISPOSAL:
CBP retains EIS data, including AES/
ACE data, in an active status for five
years. The data is retained for an
additional ten years to meet any
requirements of a controlling U.S.
Government agency for licensed
shipments or for law enforcement
purposes. The data is archived after five
years and deleted after the additional
ten year period, in conformance with
the EIS retention procedures. CBP
retains information beyond fifteen years
when specific EIS data is needed for the
duration of a law enforcement
investigation or judicial proceeding,
when the investigation or proceeding
continues beyond fifteen years.
E:\FR\FM\02SEN1.SGM
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Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Notices
SYSTEM MANAGER AND ADDRESS:
Chief, Export Control Branch, Office
of Field Operations, U.S. Customs and
Border Protection Headquarters, 1300
Pennsylvania Avenue NW., Washington,
DC 20229.
mstockstill on DSK4VPTVN1PROD with NOTICES
NOTIFICATION PROCEDURE:
The Secretary of Homeland Security
has exempted this system from the
notification, access, accounting, and
amendment procedures of the Privacy
Act because it is a law enforcement
system. However, DHS/CBP will
consider individual requests to
determine whether or not information
may be released. 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
Headquarters or component’s Freedom
of Information Act 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 individuals seek records about
themselves from this system of records
or any other Departmental system of
records, their requests must conform
with the Privacy Act regulations set
forth in 6 CFR part 5. They must first
verify their identities, meaning that they
must provide their full names, current
addresses, and dates and places of birth.
They must sign their requests, and each
of their signatures must either be
notarized or be submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, they
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, they
should:
• Explain why the Department would
have information about them;
• Identify which component(s) of the
Department would have the
information;
• Specify when 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.
If the individuals’ requests seek
records pertaining to another living
person, they must include a statement
VerDate Sep<11>2014
19:04 Sep 01, 2015
Jkt 235001
from that individual certifying his/her
agreement for them to have access to
his/her records.
Without the above information the
component(s) may not be able to
conduct an effective search and a
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.
CBP obtains records from individuals
who participate in exporting goods from
the United States and other federal
agencies, as required to administer the
export laws of the United States.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
DHS/CBP is not requesting an
exemption with respect to information
maintained in the system as it relates to
data submitted by or on behalf of an
individual. Information in the system
may be shared pursuant to the
exceptions under the Privacy Act (5
U.S.C. 552a(b)) and the above routine
uses. The Privacy Act requires DHS to
maintain an accounting of the
disclosures made pursuant to all
routines uses. Disclosing the fact that a
law enforcement or intelligence agency
has sought particular records may affect
ongoing law enforcement activity.
Therefore, pursuant to 5 U.S.C.
552a(j)(2), DHS will claim exemption
from sections (c)(3), (e)(8), and (g)(1) of
the Privacy Act of 1974, as amended, as
is necessary and appropriate to protect
this information. In addition, pursuant
to 5 U.S.C. 552a(k)(2), DHS will claim
exemption from section (c)(3) of the
Privacy Act of 1974, as amended, as is
necessary and appropriate to protect
this information.
Dated: August 19, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2015–21675 Filed 9–1–15; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 16150001]
Agency Information Collection
´
Activities: Petition for Alien Fiance (e),
Form I–129F; Revision of a Currently
Approved Collection
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 30-Day Notice.
AGENCY:
The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration Services (USCIS) will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995. The information collection notice
was previously published in the Federal
Register on July 10, 2015 at 80 FR 39801
allowing for a 60-day public comment
period. USCIS received one comment in
connection with the 60-day notice.
DATES: The purpose of this notice is to
allow an additional 30 days for public
comments. Comments are encouraged
and will be accepted until October 2,
2015. This process is conducted in
accordance with 5 CFR 1320.10.
ADDRESSES: Written comments and/or
suggestions regarding the item(s)
contained in this notice, especially
regarding the estimated public burden
and associated response time, must be
directed to the OMB USCIS Desk Officer
via email at oira_submission@
omb.eop.gov. Comments may also be
submitted via fax at (202) 395–5806. All
submissions received must include the
agency name and the OMB Control
Number 1615–0001.
You may wish to consider limiting the
amount of personal information that you
provide in any voluntary submission
you make. For additional information
please read the Privacy Act notice that
is available via the link in the footer of
https://www.regulations.gov.
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 (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
SUMMARY:
RECORD SOURCE CATEGORIES:
53185
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Agencies
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Notices]
[Pages 53181-53185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21675]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2015-0054]
Privacy Act of 1974; Department of Homeland Security U.S. Customs
and Border Protection--DHS/CBP-020 Export Information System (EIS)
System of Records.
AGENCY: Privacy Office, Office of the Secretary, 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 issue a new Department of Homeland
Security system of records titled, ``Department of Homeland Security/
U.S. Customs and Border Protection--DHS/CBP-020 Export Information
System System of Records.'' This system of records is used by the
Department of Homeland Security/U.S. Customs and Border Protection to
collect and maintain records on export commodity and transportation
shipment data. 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 of 1974, as amended,
elsewhere in the Federal Register. This system will be included in the
Department of Homeland Security's inventory of record systems.
DATES: Submit comments on or before October 2, 2015. This new system
will be effective October 2, 2015.
ADDRESSES: You may submit comments, identified by docket number DHS-
2015-0054 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.
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, U.S. Customs and
Border Protection, Department of Homeland Security, 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.
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 establish a new DHS system of records
titled, ``DHS/CBP-020 Export Information System (EIS) System of
Records.'' The system of records is used by CBP to collect, use, and
maintain paper and electronic records required to track, control, and
process cargo exported from the United States. EIS allows CBP to
enhance national security, enforce U.S. law, and facilitate legitimate
international trade.
CBP is publishing a system of records notice (SORN) for EIS because
CBP uses EIS to collect and process information to comply with export
laws and facilitate legitimate international trade. CBP is charged with
enforcing all U.S. export laws at the border and the exporting
community is required to report export data to CBP that contains
personally identifiable information (PII).
Subsection (a) of Section 343 of the Trade Act of 2002 (19 U.S.C.
2071) mandates that the Secretary of Homeland Security (formerly the
Secretary of Treasury) collect cargo information ``through an
electronic data interchange system,'' prior to the departure of the
cargo from the United States by any mode of commercial transportation
(see 19 U.S.C. 2071 note.) Pursuant to statute, CBP promulgated a
regulation requiring pre-departure filing of electronic information to
allow CBP to examine the data before cargo leaves the United States
(see Electronic Information for Outward Cargo
[[Page 53182]]
Required in Advance of Departure (19 CFR 192.14)). CBP required
exporters to provide electronic cargo information through the Automated
Export System (AES) to avoid redundancy as specifically mandated by
Congress (see Mandatory Pre-Departure Filing of Export Cargo
Information Through the Automated Export System, 73 FR 32466 (June 9,
2008)).
To comply with the regulation, exporters must file the Electronic
Export Information (EEI), formerly the Shipper's Export Declaration
(SED) \1\ when the value of the commodity classified under each
individual Schedule B number is over $2,500 or if a validated export
license is required to export the commodity. The exporter is
responsible for preparing the EEI and the carrier files it with CBP
through the AES or AES Direct (operated by the Department of Commerce,
U.S. Census Bureau). Cargo information collected by CBP includes PII
such as a shipper's name, address, and tax identifying number (TIN).
---------------------------------------------------------------------------
\1\ 13 U.S.C. 301 (Department of Commerce, U.S. Census Bureau
root authority to collect the SED, now EEI); pursuant to section
303, CBP (then U.S. Customs Service, Dept. of Treasury) is required
to develop an automated system for collecting this export data.
Through title 13, the Census Bureau holds stewardship of export
data. Under the Trade Act of 2002 (19 U.S.C. 2071 note), CBP is
required to collect an export manifest containing a declaration
identifying the parties to the transaction, a physical description
of the commodity, its quantity, mode of conveyance, and ports of
origin and destination. Through title 19, CBP, similarly, holds
stewardship of export data.
---------------------------------------------------------------------------
According to the U.S. Census Bureau, in a standard export
transaction, it is the U.S. Principal Party in Interest's (USPPI)
responsibility to prepare the EEI. However, the USPPI can give freight
forwarders a power of attorney (POA) or written statement (WA)
authorizing them to prepare and file the EEI on their behalf. In a
routed export transaction, however, the Foreign Principal Party in
Interest (FPPI) must provide a POA or WA to prepare the EEI to either
the USPPI or a U.S. Authorized Agent.
The Internal Transaction Number (ITN) or exemption citation must be
provided by the EEI filer to the carrier when the goods are presented
for export. The carrier is responsible for providing the ITN or
exemption citation to CBP. CBP Officers will verify that the ITN or
exemption citations clearly stated on export documents and provided to
the carrier(s) within the prescribed timeframes. The procedures for
filing vary by cargo type (vessel, truck, air, or rail). The timeframes
for filing varies according to the method of transportation for pre-
departure filing (State Department United States Munitions List (USML)
shipments and non-USML shipments).
CBP is publishing this system of records notice to provide notice
of the records maintained by CBP concerning individuals who participate
in exporting goods from the United States. CBP previously published a
Privacy Impact Assessment (PIA) for EIS last year.\2\
---------------------------------------------------------------------------
\2\ https://www.dhs.gov/publication/export-information-system-eis.
---------------------------------------------------------------------------
Consistent with DHS's information-sharing mission, information
stored in the DHS/CBP-020 EIS System of Records may be shared with
other DHS Components that have a need to know the information to carry
out their national security, law enforcement, immigration,
intelligence, or other homeland security functions. In addition,
information may be shared with appropriate federal, state, local,
tribal, territorial, foreign, or international government agencies or
other parties consistent with the routine uses set forth in this SORN.
In particular, information may be shared with the U.S. Department of
Commerce, Bureau of Industry and Security, and the U.S. Department of
State, Directorate of Defense Trade Controls, relating to compliance
and enforcement of licenses issued by these respective agencies
concerning the controlled nature or sensitive technology present in the
exported commodities (e.g., certain central processing unit designs,
weapons systems).
Additionally, DHS is issuing a Notice of Proposed Rulemaking
elsewhere in the Federal Register to exempt this system of records from
certain provisions of the Privacy Act. This 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 that govern the means by which federal 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. An individual is
defined in the Privacy Act 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 foreign
nationals.
Below is the description of the DHS/CBP-020 EIS System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system 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)-020
System name:
DHS/CBP-020 Export Information System (EIS) System.
Security classification:
Unclassified.
System location:
Records are maintained at the CBP Headquarters in Washington, DC,
and field offices.
Categories of individuals covered by the system:
The categories of individuals covered by the system are DHS or CBP
employees and individuals who process and ensure the compliance of
goods exported from the United States. Those individuals who process
and ensure the compliance of exported goods include: The filer or
transmitter of the information; the exporter or U.S. Principal Party in
Interest (USPPI); the freight forwarder, or other U.S. authorized agent
filing for the USPPI; the shipper; the intermediate consignee, who is
the agent for the exporter in the foreign country; the ultimate
consignee, who is the person, party, or designee located abroad that
will receive the export shipment; and individuals related to the
specific commodity (e.g., for hazardous material, an emergency point of
contact).
Categories of records in the system:
EIS contains records that include the following information:
Information about the filer, exporter, USPPI, ultimate
consignee, or authorized U.S. agent, which may include:
[cir] Full name;
[cir] Tax Identification Number (TIN) or other trade identifiers;
[cir] Telephone numbers;
[cir] Email addresses;
[cir] Addresses and zip codes;
[cir] Certificate or license numbers (including licenses issued by
various federal agencies);
[cir] Signatures; and
[cir] License certifier or other registration numbers.
[[Page 53183]]
Information about the DHS/CBP employee annotating the
record or ensuring compliance with export control regulations, which
may include:
[cir] Full Name;
[cir] Identification number or badge number.
Shipment information:
[cir] Mode of transportation;
[cir] Carrier;
[cir] Origin, port of export, port of unlading, and destination;
[cir] Date of export; and
[cir] Hazardous material indicator.
Commodity information:
o Description, which may include the make, model, serial number,
caliber, manufacturer, or hazardous material description;
[cir] Quantity;
[cir] Value;
[cir] Weight;
[cir] License, certification document, export license, or Kimberly
Process Certificate numbers; \3\
---------------------------------------------------------------------------
\3\ A Kimberly Process Certificate number is a control number
issued on each Kimberly Diamond Process certificate pursuant to the
Clean Diamond Trade Act (2003), Public Law 108-19, 117 Stat. 631, 19
U.S.C. 3901-3913.
---------------------------------------------------------------------------
[cir] Vehicle title numbers;
[cir] Vehicle identification number (VIN);
[cir] Certificate or license registrant's number; and
[cir] Hazardous material emergency contact name and telephone
number.
Authority for maintenance of the system:
Pursuant to 19 U.S.C. 482, 1467, 1581(a) and the Security and
Accountability for Every (SAFE) Port Act of 2006, Public Law 109-347,
120 Stat. 1884 (Oct. 13, 2006); CBP has the authority to board vessels
or vehicles and conduct searches of cargo; pursuant to 46 U.S.C. 60105,
vessels must obtain clearance from CBP prior to departing from the
United States for a foreign port or place; and pursuant to 19 U.S.C.
1431, CBP collects and reviews data for outbound cargo in EIS to ensure
compliance with laws CBP is charged with enforcing. Subsection (a) of
Section 343 of the Trade Act of 2002 mandated that the Secretary of
Homeland Security (formerly the Secretary of Treasury) collect cargo
information ``through an electronic data interchange system,'' prior to
the departure of the cargo from the United States. See 19 U.S.C. 2071
note and 19 CFR 192.14. EIS includes the data collected in AES/ACE and
from paper forms and documents, as CBP moves from paper to an entirely
electronic collection process.
The export laws CBP enforces include:
The Tariff Act of 1930, as amended, 19 U.S.C. Chapter 4;
13 U.S.C. 301-307 (Collection and Publication of Foreign
Commerce and Trade Statistics) of 1962, Public Law 87-826, 76 Stat.
951, as amended;
The Prosecutorial Remedies and Other Tools to End the
Exploitation of Children Today (PROTECT) Act of 2003, Public Law 108-
21, 117 Stat. 650, as amended, 18 U.S.C. 2251-2256; and 18 U.S.C. 1461,
1463, 1465, and 1466 (relating to obscenity and child pornography);
The Anti Car Theft Act of 1992, Public Law 102-519, 106
Stat. 3384, 19 U.S.C. 1646b, 1646c;
The Clean Diamond Trade Act (2003), Public Law 108-19, 117
Stat. 631, 19 U.S.C. 3901-3913;
The Federal Food, Drug, and Cosmetic Act (1938), Public
Law 75-717, 52 Stat. 1040, as amended, 21 U.S.C. 301-399;
The Controlled Substances Import and Export Act (1970),
Public Law 91-513, 84 Stat. 1236, as amended, 21 U.S.C. 953;
The Arms Export Control Act of 1979, Public Law 90-629, 82
Stat. 1320, as amended, 22 U.S.C. 2778, 2780, and 2781;
The Currency and Foreign Transactions Reporting Act of
1970 (commonly referred to as the Bank Secrecy Act), Public Law 91-508,
84 Stat. 1122, as amended, 31 U.S.C. 5311, et seq.;
The Atomic Energy Act of 1954, Public Law 83-703, 68 Stat.
919, as amended, 42 U.S.C. 2011, 2077, 2122, 2131, 2138, 2155-2157;
The Trading With the Enemy Act of 1917, Public Law 65-91,
40 Stat. 411, as amended, 50 U.S.C. App. 1-44;
The International Emergency Economic Powers Act (1977),
Public Law 95-223, 91 Stat. 1628, as amended, 50 U.S.C. 1701-1706;
The Export Administration Regulations, 15 CFR parts 730-
744;
The Lanham Act (Trademark Act of 1946), Public Law 79-489,
60 Stat. 427, as amended, 15 U.S.C. 1051, et seq.; and
The Endangered Species Act of 1973, Public Law 93-205, 87
Stat. 884, as amended, 16 U.S.C. 1531, et seq.
Purpose(s):
The purpose of EIS is to be the central point through which CBP
collects and maintains export data and related records to facilitate
DHS's law enforcement and border security missions. DHS uses EIS as a
tool to further its mission to ensure the safety and security of cargo,
prevent smuggling, and enforce export and other applicable U.S. laws.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Consistent with the purposes noted above, or as otherwise
authorized by law, and 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
U.S. Attorney, 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 pursuant to
a written Privacy Act waiver 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
[[Page 53184]]
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 who are 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 believes the information would assist the
enforcement of civil or criminal laws.
H. To the Department of Commerce, U.S. Census Bureau to fulfill its
statutory mandate of collecting international trade statistics.
I. To federal agencies, pursuant to the International Trade Data
System Memorandum of Understanding, consistent with the receiving
agency's legal authority to collect information pertaining to or
regulating transactions to ensure cargo safety and security, or to
prevent smuggling.
J. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations when
DHS reasonably believes there to be a threat or potential threat to
national or international security and for which the information may be
relevant in countering the threat or potential threat.
K. To a federal, state, tribal, or local agency, or other
appropriate entity or individual, or foreign governments, in order to
provide relevant information related to intelligence,
counterintelligence, or antiterrorism activities authorized by U.S.
law, Executive Order, or other applicable national security directive.
L. 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, or when the information is relevant
and necessary to the protection of life or property.
M. 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;
N. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation.
O. 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
DHS requires information or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility;
P. To an appropriate federal, state, local, tribal, foreign, or
international agency, if the information is relevant to a requesting
agency's decision concerning the hiring or retention of an individual,
or issuance of a security clearance, license, contract, grant, or other
benefit, or if the information is relevant to a DHS decision concerning
the hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit.
Q. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations for
the purpose of protecting the vital health interests of a data subject
or other persons (e.g., to assist such agencies or organizations in
preventing exposure to or transmission of a communicable or
quarantinable disease or to combat other significant public health
threats). Appropriate notice will be provided of any identified health
threat or risk.
R. To the public, certain outbound manifest information, including
the name and address of the shipper; general character, size, weight,
and description of the cargo; the name of the vessel or carrier; the
port of exit; the port of destination; and country of destination; and
which may be made public pursuant to 19 U.S.C. 1431, 46 U.S.C. 60105,
and 19 CFR 103.31.
S. To organizations engaged in theft prevention activities
regarding certain outbound manifest information regarding vehicles, as
authorized pursuant to 19 U.S.C. 1627a.
T. 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:
None.
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 name, address, telephone number, search
terms, or TIN.
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 it stores. CBP limits access
to the computer system containing the records in this system 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.
Retention and disposal:
CBP retains EIS data, including AES/ACE data, in an active status
for five years. The data is retained for an additional ten years to
meet any requirements of a controlling U.S. Government agency for
licensed shipments or for law enforcement purposes. The data is
archived after five years and deleted after the additional ten year
period, in conformance with the EIS retention procedures. CBP retains
information beyond fifteen years when specific EIS data is needed for
the duration of a law enforcement investigation or judicial proceeding,
when the investigation or proceeding continues beyond fifteen years.
[[Page 53185]]
System Manager and address:
Chief, Export Control Branch, Office of Field Operations, U.S.
Customs and Border Protection Headquarters, 1300 Pennsylvania Avenue
NW., Washington, DC 20229.
Notification procedure:
The Secretary of Homeland Security has exempted this system from
the notification, access, accounting, and amendment procedures of the
Privacy Act because it is a law enforcement system. However, DHS/CBP
will consider individual requests to determine whether or not
information may be released. 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
Headquarters or component's Freedom of Information Act 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 individuals seek records about themselves from this system of
records or any other Departmental system of records, their requests
must conform with the Privacy Act regulations set forth in 6 CFR part
5. They must first verify their identities, meaning that they must
provide their full names, current addresses, and dates and places of
birth. They must sign their requests, and each of their signatures must
either be notarized or be submitted under 28 U.S.C. 1746, a law that
permits statements to be made under penalty of perjury as a substitute
for notarization. While no specific form is required, they 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, they
should:
Explain why the Department would have information about
them;
Identify which component(s) of the Department would have
the information;
Specify when 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.
If the individuals' requests seek records pertaining to another
living person, they must include a statement from that individual
certifying his/her agreement for them to have access to his/her
records.
Without the above information the component(s) may not be able to
conduct an effective search and a 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:
CBP obtains records from individuals who participate in exporting
goods from the United States and other federal agencies, as required to
administer the export laws of the United States.
Exemptions claimed for the system:
DHS/CBP is not requesting an exemption with respect to information
maintained in the system as it relates to data submitted by or on
behalf of an individual. Information in the system may be shared
pursuant to the exceptions under the Privacy Act (5 U.S.C. 552a(b)) and
the above routine uses. The Privacy Act requires DHS to maintain an
accounting of the disclosures made pursuant to all routines uses.
Disclosing the fact that a law enforcement or intelligence agency has
sought particular records may affect ongoing law enforcement activity.
Therefore, pursuant to 5 U.S.C. 552a(j)(2), DHS will claim exemption
from sections (c)(3), (e)(8), and (g)(1) of the Privacy Act of 1974, as
amended, as is necessary and appropriate to protect this information.
In addition, pursuant to 5 U.S.C. 552a(k)(2), DHS will claim exemption
from section (c)(3) of the Privacy Act of 1974, as amended, as is
necessary and appropriate to protect this information.
Dated: August 19, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2015-21675 Filed 9-1-15; 8:45 am]
BILLING CODE 4410-10-P