From: Subject: FR Doc E8-29801 Date: Wed, 28 Dec 2011 13:26:36 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2008/E8-29801.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6109 =EF=BB=BF FR Doc E8-29801 
[Federal Register: December 19, 2008 (Volume 73, Number =
245)]
[Notices]              =20
[Page 77759-77764]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de08-128]                        =20

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0150]

=20
Privacy Act of 1974; U.S. Customs and Border Protection--015=20
Automated Commercial System, System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974 and as part of the=20
Department of Homeland Security's ongoing effort to review and update=20
legacy system of record notices, the Department of Homeland Security=20
proposes to update and reissue the following legacy record system,=20
Treasury/CS.278 Automated

[[Page 77760]]

Commercial System (October 18, 2001) as a Department of Homeland=20
Security system of records notice titled, U.S. Customs and Border=20
Protection Automated Commercial System. The Customs and Border=20
Protection Automated Commercial System is a comprehensive system used=20
by Department of Homeland Security, U.S. Customs and Border Protection=20
to track, control, and process all commercial goods imported into the=20
United States. This legacy system will now also collect additional data=20
via its Automated Broker Interface and Vessel Automated Manifest=20
System. Categories of individuals, categories of records, and the=20
routine uses of this legacy system of records notice have been reviewed=20
and updated to better reflect the U.S. Customs and Border Protection--
015 Automated Commercial System record system. This reissued system=20
will be included in the Department of Homeland Security's inventory of=20
record systems.

DATES: The established system of records will be effective January 20,=20
2009. Written comments must be submitted on or before January 20, 2009.

ADDRESSES: You may submit comments, identified by DHS-2008-0150 by one=20
of the following methods:
     Federal e-Rulemaking Portal: http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov.=20
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change to http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov,=20
including any personal information provided.
     Docket: For access to the docket to read background=20
documents or comments received go to http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:=20
Laurence E. Castelli (202-325-0280), Chief, Privacy Act Policy and=20
Procedures Branch, U.S. Customs and Border Protection, Office of=20
International Trade, Regulations & Rulings, Mint Annex, 799 Ninth=20
Street, NW., Washington, DC 20001-4501. For privacy issues please=20
contact: Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy=20
Office, U.S. Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The priority mission of U.S. Customs and Border Protection (CBP) is=20
to prevent terrorists and terrorist weapons from entering the country=20
while facilitating legitimate travel and trade. The Automated=20
Commercial System (ACS) is the comprehensive system used by U.S.=20
Customs and Border Protection to track, control, and process all=20
commercial goods imported into the United States. ACS is a=20
sophisticated and integrated large-scale business-oriented system which=20
employs multiple modules to perform discrete aspects of its=20
functionality, including receiving data transmissions from a variety of=20
parties involved in international commercial transactions and providing=20
CBP with the capability to track both the transport transactions and=20
the financial transactions associated with the movement of merchandise=20
through international commerce. Through the use of Electronic Data=20
Interchange (EDI), ACS facilitates merchandise processing,=20
significantly cuts costs, and reduces paperwork requirements for both=20
Customs and the importing community.
    ACS also provides the following:

A. Cargo Selectivity

    CBP uses the ACS Cargo Selectivity System to sort high risk cargo=20
from low risk cargo and to determine the type of examination required.=20
Cargo selectivity accepts data transmitted through ABI and compares it=20
against established criteria. CBP uses the Cargo Selectivity System, a=20
module of ACS, to process manifests and National In-bond entries in=20
order to identify the CBP inspection and examination status of specific=20
bills of lading for imported merchandise. Cargo Selectivity facilitates=20
more efficient and effective cargo processing by ensuring cargo that=20
requires additional screening receives it and that which is lower risk=20
does not.

B. Entry Summary Selectivity

    The Entry Summary Selectivity system of ACS screens the review of=20
entry summary data. Using line item data transmitted through ABI, the=20
system matches national and local selectivity criteria against entry=20
summary data to assess risk by importer, tariff number, country of=20
origin, manufacturer, and value. The system captures paperless summary=20
activity, discrepant summary findings, and line item team assignment=20
data.

C. Border Cargo

    The Border Cargo Selectivity system of ACS determines risk=20
assessment and examination requirements for high volume borders (i.e.,=20
ports of entry). The system uses the same screening process as the=20
Cargo Selectivity system. The Border Cargo Selectivity system will soon=20
be enhanced to allow ABI filers to transmit manifest information.

D. Quota

    The ACS Quota system tracks quantity controls on imported=20
merchandise. It also tracks visas from other countries. (Visas=20
determine the amount of exports allowed for certain countries.) The=20
Quota system checks the quantities against the visas and transmits this=20
information to the country of origin. The ACS quota and visa controls=20
simplify reconciliation of imports and exports.

E. Paperless Entry

    Paperless entry processing eliminates the need for ABI participants=20
to file a Customs Form 3461, Entry/Immediate Delivery, if certain=20
criteria are met and the merchandise does not require examination.=20
Carriers who participate in AMS will receive electronic notifications=20
when merchandise is available for release.

F. Automated Invoice Interface (AII)

    AII allows filers to send electronic invoice information to=20
Customs. This information is transmitted to Customs using either ABI=20
record formats or the EDIFACT CUSDEC (Customs declaration). When=20
EDIFACT is used, the filer also transmits data that is normally on the=20
CF-3461 for cargo release, as well as the entry summary CF-7501,=20
invoice data, and other government agency data.

G. Drawback

    Filers can submit a drawback claim to Customs on a diskette or=20
through ABI. This ensures that the data is quickly and accurately=20
recorded in ACS and results in faster claim processing and issuance of=20
the drawback payment. Immediate acceptance or rejection of data is=20
available.

H. Protest

    The ABI electronic protest system allows ABI participants to file,=20
amend, and query the following types of actions:
     Protests against decisions of the Customs Service under 19=20
U.S. C. 1514.
     Petitions for refunds of Customs duties or corrections of=20
errors requiring reliquidation pursuant to 19 U.S.C. 1520(c) and (d).
     Interventions in an importer's protest by an exporter or=20
producer of merchandise from a country that is a party to the North=20
American Free Trade

[[Page 77761]]

Agreement under Section 181.115 of the Customs Regulations.
    Once filed, protests can be amended and additional arguments=20
submitted to:
     Apply for further review (when not requested at time of=20
filing).
     Assert additional claims or challenge an additional=20
decision.
     Submit alternative claims and additional grounds or=20
arguments.
     Request review of denial of further review.
     Request denial of the protest be voided.
    The protest, petition, or intervention can be transmitted remotely=20
from any location. Customs views and processes the protest on-line. An=20
automatic notification routine keeps the filer informed of any change=20
in status, including final disposition.

I. Remote Location Filing

    Remote Location Filing (RLF) is a pilot program which allows an=20
approved participant to electronically file a formal or informal entry=20
of merchandise with Customs from a location within the United States=20
other than the port of arrival (POA) or the designated examination site=20
(DES). Such merchandise, upon clearance by CBP, may enter the commerce=20
of the United States.

J. National In-bond

    The National In-bond system tracks cargo en route in the United=20
States. Using departure, arrival, and closure data, the In-bond system=20
tracks cargo from the point of unlading to the port of entry or=20
exportation. The In-bond system is incorporated within AMS. AMS retains=20
control over all sea in-bond movements (both conventional and=20
paperless) that are associated with automated bills of lading.

K. Paperless Master In-bond

    The Paperless Master In-bond program controls the movement and=20
disposition of master in-bond (MIB) shipments from the carrier's=20
custody at the port of unlading to the same carrier's custody at the=20
port of destination. This program utilizes the data already available=20
in AMS, eliminating the need for paper documentation.
    To help prevent terrorist weapons from being transported to the=20
United States, vessel carriers bringing cargo to the United States are=20
required to transmit certain information to Customs and Border=20
Protection (CBP) about the cargo they are transporting prior to lading=20
that cargo at foreign ports of entry. CBP is issuing an interim final=20
rule that requires both importers and carriers to submit additional=20
information pertaining to cargo to CBP before the cargo is brought into=20
the United States by vessel. This information must be submitted to CBP=20
by way of a CBP-approved electronic data interchange system. The=20
required information is necessary to improve CBP's ability to identify=20
high-risk shipments so as to prevent smuggling and ensure cargo safety=20
and security, as required by section 203 of the Security and=20
Accountability for Every (SAFE) Port Act of 2006 and section 343(a) of=20
the Trade Act of 2002, as amended by the Maritime Transportation=20
Security Act of 2002.
    The proposed rule was known to the trade as both the ``Importer=20
Security Filing proposal'' and the ``10 + 2 proposal.'' The name ``10 +=20
2'' is shorthand for the number of advance data elements CBP was=20
proposing to collect. Carriers would be generally required to submit=20
two additional data elements--a vessel stow plan and container status=20
messages regarding certain events relating to containers loaded on=20
vessels destined to the United States--to the elements they are already=20
required to electronically transmit in advance (the ``2'' of ``10+2'');=20
and importers, as defined in the proposed regulations, would be=20
required to submit ten data elements--an Importer Security Filing=20
containing ten data elements (the ``10'' of ``10+2'').
    ACS has two principal methods for electronic data interchange: The=20
Automated Broker Interface (ABI) and the Automated Manifest System=20
(AMS). Under the ``10+2'' program, importers, who submit the Importer=20
Security Filing (ISF), will use either ABI or Vessel AMS to provide=20
their information to CBP. ACS, upon receipt of the ISF, will transfer=20
the data to the Automated Targeting System (ATS) for screening and=20
targeting purposes. Once screened the ISF data will be returned with=20
embedded targeting links to ACS to be maintained in accordance with the=20
ACS stated retention policy.
    Pursuant to the savings clause in the Homeland Security Act of=20
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,=20
2002), the Department of Homeland Security (DHS) and its components and=20
offices have relied on preexisting Privacy Act systems of records=20
notices for the maintenance of records that concern the tracking,=20
controlling, and processing of all commercial goods imported into the=20
United States.
    This collection satisfies the requirements of Section 203 of the=20
Security and Accountability for Every Port Act of 2006 (Pub. L. 109-
347, 120 Stat. 1884 (SAFE Port Act)).
    Consistent with DHS's information sharing mission, information=20
stored in the Automated Commercial System may be shared with other DHS=20
components, as well as appropriate Federal, State, local, tribal,=20
foreign, or international government agencies. This sharing will only=20
take place after DHS/CBP determines that the receiving component or=20
agency has a need to know the information to carry out national=20
security, law enforcement, immigration, intelligence, or other=20
functions consistent with the routine uses set forth in this system of=20
records notice.
    To provide notice and transparency to the public, the Department of=20
Homeland Security, U.S. Customs and Border Protection announces an=20
amendment to an existing legacy Privacy Act system of records, the=20
Automated Commercial System, a comprehensive system used by U.S.=20
Customs and Border Protection to track, control, and process all=20
commercial goods imported into the United States. This legacy system=20
will now also collect additional data via the Automated Broker=20
Interface and Vessel Automated Manifest System.
    In accordance with the Privacy Act of 1974 and as part of DHS's=20
ongoing effort to review and update legacy system of record notices,=20
DHS proposes to update and reissue the following legacy record system,=20
Treasury/CS.278 Automated Commercial System (66 FR 52984 October 18,=20
2001), as a DHS/CBP system of records notice titled, U.S. Customs and=20
Border Protection Automated Commercial System. Categories of=20
individuals and categories of records have been reviewed, and the=20
routine uses of this legacy system of records notice have been updated=20
to better reflect the DHS/CBP Automated Commercial System record=20
system. This reissued system will be included in DHS's inventory of=20
record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses, and disseminates personally identifiable=20
information. The Privacy Act applies to information that is maintained=20
in a ``system of records.'' A ``system of records'' is a group of any=20
records under the control of an agency for which information is=20
retrieved by the name of an individual or by some identifying number,=20
symbol, or other identifying particular assigned to the individual. In=20
the Privacy Act, an individual is defined to encompass United States=20
citizens and lawful permanent residents. As a matter

[[Page 77762]]

of policy, DHS extends administrative Privacy Act protections to all=20
individuals where systems of records maintain information on U.S.=20
citizens, lawful permanent residents, and visitors. Individuals may=20
request access to their own records that are maintained in a system of=20
records in the possession or under the control of DHS by complying with=20
DHS Privacy Act regulations, 6 CFR part 5.
    The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system in order to make agency recordkeeping=20
practices transparent, to notify individuals regarding the uses to=20
which personally identifiable information is put, and to assist=20
individuals to more easily find such files within the agency. Below is=20
the description of the Automated Commercial System system of records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this updated system of records to the Office of Management and Budget=20
and to Congress.
System of Records
DHS/CBP--015

System name:
    U.S. Customs and Border Protection--015 Automated Commercial System

Security classification:
    Unclassified.

System location:
    Records are maintained at the CBP Headquarters in Washington, DC=20
and field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include: CBP=20
employees and individuals involved in the import trade.

Categories of records in the system:
    Categories of records in this system include:
     Individual's name;
     Social Security Number (SSN), if collected;
     Address;
     CBP employee names;
     CBP employee SSN;
     Importer of record number, which can be the IRS Employer=20
Identification Number (EIN), SSN, or a Customs-assigned number;
     Importer name and address;
     Type of importation bond;
     Importation bond expiration date;
     Surety code;
     Violation statistics;
     Protest information;
     Customhouse broker number;
     Customhouse name;
     Customhouse address;
     Bond agent name;
     Bond agent SSN;
     Surety code (non-SSN);
     Surety name;
     Customs bond information;
     Liquidator identification (non-SSN);
     Foreign Manufacturer/Shipper identification code;
     Foreign Manufacturer/Shipper name;
     Foreign Manufacturer/Shipper address;
     Carrier names;
     Carrier codes (non SSN) (Standard Carrier Agent Code (SCA)=20
for vessel carriers, International Air Transport Association (IATA) for=20
air carriers);
     Manufacturer (or supplier) name;
     Seller name;
     Buyer name;
     Ship to party name;
     Container stuffing location;
     Consolidator (stuffer);
     Foreign trade zone applicant identification number;
     Consignee number(s);
     Country of origin;
     Commodity HTSUS number;
     Booking party;
     Foreign port of unlading;
     Place of delivery; and
     Ship to party.

Authority for maintenance of the system:
    19 U.S.C. 66, 1431, 1448, 1481, 1484, 1505, 1514 and 1624, section=20
203 of the Security and Accountability for Every (SAFE) Port Act of=20
2006 and section 343(a) of the Trade Act of 2002, as amended by the=20
Maritime Transportation Security Act of 2002.

Purpose(s):
    The purpose of this system is to track, control, and process all=20
commercial goods imported into the United States, and to improve CBP's=20
ability to identify high-risk shipments so as to prevent smuggling and=20
ensure cargo safety and security. As part of CBP identifying high risk=20
shipments for border security and counterterrorism purposes, the system=20
includes information relating to individuals and their relationship to=20
the merchandise as documented in the Importer Security Filing (ISF).

Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice or other Federal agency conducting=20
litigation or in proceedings before any court, adjudicative or=20
administrative body, when:
    1. DHS or any component thereof;
    2. any employee of DHS in his/her official capacity;
    3. any employee of DHS in his/her individual capacity where DOJ or=20
DHS has agreed to represent the employee; or
    4. the United States or any agency thereof, is a party to the=20
litigation or has an interest in such litigation, and DHS/CBP=20
determines that the records are both relevant and necessary to the=20
litigation and the use of such records is compatible with the purpose=20
for which DHS/CBP collected the records.
    B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other=20
Federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
    2. The Department has determined that as a result of the suspected=20
or confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) that rely upon the=20
compromised information; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS,

[[Page 77763]]

when necessary to accomplish an agency function related to this system=20
of records. Individuals provided information under this routine use are=20
subject to the same Privacy Act requirements and limitations on=20
disclosure as are applicable to DHS officers and employees.
    G. To a Federal, State, or local agency, or other appropriate=20
entity or individual, or through established liaison channels to=20
selected foreign governments, in order to provide intelligence,=20
counterintelligence, or other information for the purposes of=20
intelligence, counterintelligence, or antiterrorism activities=20
authorized by U.S. law, Executive Order, or other applicable national=20
security directive.
    H. To an appropriate Federal, State, tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper and=20
consistent with the official duties of the person making the=20
disclosure.
    I. To the Bureau of the Census to provide information on foreign=20
trade data.
    J. To a Federal agency, pursuant to the International Trade Data=20
System Memorandum of Understanding, consistent with the receiving=20
agency's legal authority to collect information pertaining to and/or=20
regulate transactions in international trade.
    K. To appropriate Federal, State, local, tribal, or foreign=20
governmental agencies or multilateral governmental organizations=20
responsible for investigating or prosecuting the violations of, or for=20
enforcing or implementing, a statute, rule, regulation, order, license,=20
or treaty where DHS determines that the information would assist in the=20
enforcement of civil or criminal laws.
    L. To a Federal, State, local, tribal, territorial, foreign, or=20
international agency, maintaining civil, criminal or other relevant=20
enforcement information or other pertinent information, which has=20
requested information relevant to or necessary to the requesting=20
agency's or the bureau's hiring or retention of an individual, or=20
issuance of a security clearance, license, contract, grant, or other=20
benefit;
    M. To a court, magistrate, or administrative tribunal in the course=20
of presenting evidence, including disclosures to opposing counsel or=20
witnesses in the course of civil discovery, litigation, or settlement=20
negotiations, in response to a subpoena, or in connection with criminal=20
law proceedings;
    N. To third parties during the course of an investigation to the=20
extent necessary to obtain information pertinent to the investigation;
    O. To the Department of Justice, the United States Attorney's=20
Office, or a consumer reporting agency for further collection action on=20
any delinquent debt when circumstances warrant;
    P. To appropriate Federal, State, local, tribal, or foreign=20
governmental agencies or multilateral governmental organizations where=20
DHS is aware of a need to utilize relevant data for purposes of testing=20
new technology and systems designed to enhance national security or=20
identify other violations of law;
    Q. To a former employee of DHS, in accordance with applicable=20
regulations, for purposes of responding to an official inquiry by a=20
Federal, State, or local government entity or professional licensing=20
authority; or facilitating communications with a former employee that=20
may be necessary for personnel-related or other official purposes where=20
the Department requires information or consultation assistance from the=20
former employee regarding a matter within that person's former area of=20
responsibility;
    R. To an organization or individual in either the public or private=20
sector, either foreign or domestic, where there is a reason to believe=20
that the recipient is or could become the target of a particular=20
terrorist activity or conspiracy, to the extent the of life or=20
property; and
    S. To a consumer reporting agency related to owing the U.S.=20
Government money in accordance with 15 U.S.C 1681 et seq.

Disclosure to consumer reporting agencies:
    Yes, in accordance with the provision of 15 U.S.C. 1681 et seq.

Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
that are stored electronically are stored on magnetic disc, tape,=20
digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by identification codes and/or name.

Safeguards:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer system containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions. The system maintains a real-time=20
auditing function of individuals who access the system. Additional=20
safeguards may vary by component and program.

Retention and disposal:
    The Importer Security Filing is retained for fifteen years from=20
date of submission unless it becomes linked to active law enforcement=20
lookout records, CBP matches to enforcement activities, and/or=20
investigations or cases (i.e., specific and credible threats;=20
individuals, and routes of concern; or other defined sets of=20
circumstances) for which it will remain accessible for the life of the=20
law enforcement matter to support that activity and other enforcement=20
activities that may become related. All other records are maintained=20
for a period of six years from the date of entry.

System Manager and address:
    Director, Office of Automated Systems, CBP Headquarters, 1300=20
Pennsylvania Avenue, NW., Washington, DC 20229 is responsible for all=20
data maintained in the files.

Notification procedure:
    Individuals seeking notification of and access to any record=20
contained in this system of records, or seeking to contest its content,=20
may submit a request in writing to CBP's FOIA Officer, 1300=20
Pennsylvania Avenue, NW., Washington, DC 20229. If an individual=20
believes more than one component maintains Privacy Act records=20
concerning him or her the individual may submit the request to the=20
Chief Privacy Officer, Department of Homeland Security, 245 Murray=20
Drive, SW., Building 410, STOP-0550, Washington, DC 20528.
    When seeking records about yourself from this system of records or=20
any other Departmental system of records your request must conform with=20
the Privacy Act regulations set forth in 6 CFR part 5. You must first=20
verify your identity, meaning that you must provide your full

[[Page 77764]]

name, current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
or perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Director,=20
Disclosure and FOIA, http://frwebgate.=
access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlinklo=
g&to=3Dhttp://www.dhs.gov or 1-866-431-0486. In addition=20
you should provide the following:
     An explanation of why you believe the Department would=20
have information on you,
     Identify which component(s) of the Department you believe=20
may have the information about you,
     Specify when you believe the records would have been=20
created,
     Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records,
     If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) will not be able=20
to conduct an effective search, and your request may be denied due to=20
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 by authorized Customs forms or electronic=20
formats from individuals and/or companies incidental to the conduct of=20
foreign trade and required by CBP in administering the tariff laws and=20
regulations of the United States.

Exemptions claimed for the system:
    Information in the system may be shared with law enforcement and/or=20
intelligence agencies pursuant to the above routine uses. The Privacy=20
Act requires DHS to maintain an accounting of the disclosures made=20
pursuant to all routines uses. Disclosing the fact that a law=20
enforcement or intelligence agencies has sought particular records may=20
affect ongoing law enforcement or intelligence activity. As such=20
pursuant to 5 U.S.C. 552a(j)(2) and (k)(2), DHS will claim exemption=20
from (c)(3), (e)(8), and (g) of the Privacy Act of 1974, as amended, as=20
is necessary and appropriate to protect this information.

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-29801 Filed 12-18-08; 8:45 am]

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