[Federal Register: December 19, 2008 (Volume 73,=
Number 245)]
[Notices] &nb=
sp; =
[Page 77759-77764]
From the Federal Register O=
nline via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de08-128] &n=
bsp; =
;
---=
--------------------------------------------------------------------
<=
pre>
DEPARTMENT OF HOMELAND SECURITY
<=
o:p>
Office of the Secretary
[Docket No. DHS-2008-0150]
<=
pre>
Privacy Act of 1974; U.S. Customs and Border Protection--01=
5
Automated Commercial System, System of Records
=
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
<=
o:p>
------------------------------------------------=
-----------------------
SUMMARY: In a=
ccordance with the Privacy Act of 1974 and as part of the
Depart=
ment of Homeland Security's ongoing effort to review and update
=
legacy system of record notices, the Department of Homeland Security
=
proposes to update and reissue the following legacy record system, Treasury/CS.278 Automated
[[P=
age 77760]]
Commercial System (Octobe=
r 18, 2001) as a Department of Homeland
Security system of recor=
ds notice titled, U.S. Customs and Border
Protection Automated C=
ommercial System. The Customs and Border
Protection Automated Co=
mmercial System is a comprehensive system used
by Department of =
Homeland Security, U.S. Customs and Border Protection
to track, =
control, and process all commercial goods imported into the
Unit=
ed States. This legacy system will now also collect additional data
<=
pre>via its Automated Broker Interface and Vessel Automated Manifest
=
System. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice have been revie=
wed
and updated to better reflect the U.S. Customs and Border Pr=
otection--
015 Automated Commercial System record system. This re=
issued system
will be included in the Department of Homeland Sec=
urity's inventory of
record systems.
=
DATES: The established system of records will be effective Janua=
ry 20,
2009. Written comments must be submitted on or before Jan=
uary 20, 2009.
ADDRESSES: You may sub=
mit comments, identified by DHS-2008-0150 by one
of the followin=
g methods:
<=
span style=3D'mso-spacerun:yes'> Federal e-Rulemaking Portal: http://frwebg=
ate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlink=
log&to=3Dhttp://www.regulations.gov.
Follow the instruct=
ions for submitting comments.
&n=
bsp; Fax: 1-866-466-5370.
<=
span style=3D'mso-spacerun:yes'> Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, =
Department of Homeland Security, Washington, DC 20528.
Instruc=
tions: All submissions received must include the
agency name and=
docket number for this rulemaking. All comments
received will b=
e posted without change to http://frwebg=
ate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlink=
log&to=3Dhttp://www.regulations.gov,
including any perso=
nal information provided.
=
Docket: For access to the docket to =
read background
documents or comments received go to http://frwebg=
ate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlink=
log&to=3Dhttp://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please conta=
ct:
Laurence E. Castelli (202-325-0280), Chief, Privacy Act Poli=
cy and
Procedures Branch, U.S. Customs and Border Protection, Of=
fice of
International Trade, Regulations & Rulings, Mint Ann=
ex, 799 Ninth
Street, NW., Washington, DC 20001-4501. For privac=
y issues please
contact: Hugo Teufel III (703-235-0780), Chief P=
rivacy Officer, Privacy
Office, U.S. Department of Homeland Secu=
rity, Washington, DC 20528.
SUPPLEMEN=
TARY INFORMATION:
I. Background
=
&nb=
sp; The priority mission of U.S. Customs and Border Protection=
(CBP) is
to prevent terrorists and terrorist weapons from enter=
ing the country
while facilitating legitimate travel and trade. =
The Automated
Commercial System (ACS) is the comprehensive syste=
m used by U.S.
Customs and Border Protection to track, control, =
and process all
commercial goods imported into the United States=
. ACS is a
sophisticated and integrated large-scale business-ori=
ented system which
employs multiple modules to perform discrete =
aspects of its
functionality, including receiving data transmiss=
ions from a variety of
parties involved in international commerc=
ial transactions and providing
CBP with the capability to track =
both the transport transactions and
the financial transactions a=
ssociated with the movement of merchandise
through international=
commerce. Through the use of Electronic Data
Interchange (EDI),=
ACS facilitates merchandise processing,
significantly cuts cost=
s, and reduces paperwork requirements for both
Customs and the i=
mporting community.
=
ACS also provides the following:
<=
/pre>A. Cargo Selectivity
CBP uses the ACS Cargo=
Selectivity System to sort high risk cargo
from low risk cargo =
and to determine the type of examination required.
Cargo selecti=
vity accepts data transmitted through ABI and compares it
agains=
t established criteria. CBP uses the Cargo Selectivity System, a
module of ACS, to process manifests and National In-bond entries in
=
order to identify the CBP inspection and examination status of specifi=
c
bills of lading for imported merchandise. Cargo Selectivity fa=
cilitates
more efficient and effective cargo processing by ensur=
ing cargo that
requires additional screening receives it and tha=
t which is lower risk
does not.
B. Entry Summary Selectivity
The Entry Summary =
Selectivity system of ACS screens the review of
entry summary da=
ta. Using line item data transmitted through ABI, the
system mat=
ches national and local selectivity criteria against entry
summa=
ry data to assess risk by importer, tariff number, country of
or=
igin, manufacturer, and value. The system captures paperless summary
=
activity, discrepant summary findings, and line item team assignment <=
/pre>data.
C. Border Cargo
=
&nb=
sp; The Border Cargo Selectivity system of ACS determines risk=
assessment and examination requirements for high volume borders=
(i.e.,
ports of entry). The system uses the same screening proc=
ess as the
Cargo Selectivity system. The Border Cargo Selectivit=
y system will soon
be enhanced to allow ABI filers to transmit m=
anifest information.
D. Quota
=
; The ACS Quota system tracks quantity controls on imported merchandise. It also tracks visas from other countries. (Visas determine the amount of exports allowed for certain countries.) The=
Quota system checks the quantities against the visas and transm=
its this
information to the country of origin. The ACS quota and=
visa controls
simplify reconciliation of imports and exports.
E. Paperless Entry
&nbs=
p;
Paperless entry processing eliminates the need for ABI participants to file a Customs Form 3461, Entry/Immediate Delivery, if certain criteria are met and the merchandise does not require examination.=
Carriers who participate in AMS will receive electronic notific=
ations
when merchandise is available for release.
F. Automated Invoice Interface (AII)
AII allows filers to send e=
lectronic invoice information to
Customs. This information is tr=
ansmitted to Customs using either ABI
record formats or the EDIF=
ACT CUSDEC (Customs declaration). When
EDIFACT is used, the file=
r also transmits data that is normally on the
CF-3461 for cargo =
release, as well as the entry summary CF-7501,
invoice data, and=
other government agency data.
G. Dra=
wback
Filers can submit a drawback claim to Customs o=
n a diskette or
through ABI. This ensures that the data is quick=
ly and accurately
recorded in ACS and results in faster claim pr=
ocessing and issuance of
the drawback payment. Immediate accepta=
nce or rejection of data is
available.
H. Protest
The ABI electronic protest =
system allows ABI participants to file,
amend, and query the fol=
lowing types of actions:
&=
nbsp; Protests against decisions of the Cus=
toms Service under 19
U.S. C. 1514.
<=
/span> Petitions for r=
efunds of Customs duties or corrections of
errors requiring reli=
quidation pursuant to 19 U.S.C. 1520(c) and (d).
=
; Interventions=
in an importer's protest by an exporter or
producer of merchand=
ise from a country that is a party to the North
American Free Tr=
ade
[[Page 77761]]
&nb=
sp;
Agreement under Section 181.115 of the Customs Regulati=
ons.
O=
nce filed, protests can be amended and additional arguments
subm=
itted to:
Apply for further review (when not requested at time=
of
filing).
&n=
bsp; Assert additional claims or challenge =
an additional
decision.
Submit alternative claims a=
nd additional grounds or
arguments.
<=
/span> Request review =
of denial of further review.
&nb=
sp; Request denial of the protest be =
voided.
The protest, petition, or intervention can be transmitted remotely
=
from any location. Customs views and processes the protest on-line. An=
automatic notification routine keeps the filer informed of any =
change
in status, including final disposition.
&n=
bsp;
I. Remote Location Filing
<=
/pre> Remote=
Location Filing (RLF) is a pilot program which allows an
approv=
ed participant to electronically file a formal or informal entry
of merchandise with Customs from a location within the United States other than the port of arrival (POA) or the designated examination si=
te
(DES). Such merchandise, upon clearance by CBP, may enter the=
commerce
of the United States.
J. National In-bond
The National In-bond system=
tracks cargo en route in the United
States. Using departure, ar=
rival, and closure data, the In-bond system
tracks cargo from th=
e point of unlading to the port of entry or
exportation. The In-=
bond system is incorporated within AMS. AMS retains
control over=
all sea in-bond movements (both conventional and
paperless) tha=
t are associated with automated bills of lading.
K. Paperless Master In-bond
The Paperless=
Master In-bond program controls the movement and
disposition of=
master in-bond (MIB) shipments from the carrier's
custody at th=
e port of unlading to the same carrier's custody at the
port of =
destination. This program utilizes the data already available
in=
AMS, eliminating the need for paper documentation.
To help prevent terrorist w=
eapons from being transported to the
United States, vessel carri=
ers bringing cargo to the United States are
required to transmit=
certain information to Customs and Border
Protection (CBP) abou=
t the cargo they are transporting prior to lading
that cargo at =
foreign ports of entry. CBP is issuing an interim final
rule tha=
t requires both importers and carriers to submit additional
info=
rmation pertaining to cargo to CBP before the cargo is brought into
<=
pre>the United States by vessel. This information must be submitted to CBP =
by way of a CBP-approved electronic data interchange system. The=
required information is necessary to improve CBP's ability to i=
dentify
high-risk shipments so as to prevent smuggling and ensur=
e cargo safety
and security, as required by section 203 of the S=
ecurity and
Accountability for Every (SAFE) Port Act of 2006 and=
section 343(a) of
the Trade Act of 2002, as amended by the Mari=
time Transportation
Security Act of 2002.
The proposed rule was known=
to the trade as both the ``Importer
Security Filing proposal'' =
and the ``10 + 2 proposal.'' The name ``10 +
2'' is shorthand fo=
r the number of advance data elements CBP was
proposing to colle=
ct. Carriers would be generally required to submit
two additiona=
l data elements--a vessel stow plan and container status
message=
s regarding certain events relating to containers loaded on
vess=
els destined to the United States--to the elements they are already
<=
pre>required to electronically transmit in advance (the ``2'' of ``10+2'');=
and importers, as defined in the proposed regulations, would be=
required to submit ten data elements--an Importer Security Fili=
ng
containing ten data elements (the ``10'' of ``10+2'').
<=
pre> ACS has two =
principal methods for electronic data interchange: The
Automated=
Broker Interface (ABI) and the Automated Manifest System
(AMS).=
Under the ``10+2'' program, importers, who submit the Importer
=
Security Filing (ISF), will use either ABI or Vessel AMS to provide
<=
pre>their information to CBP. ACS, upon receipt of the ISF, will transfer <=
/pre>the data to the Automated Targeting System (ATS) for screening an=
d
targeting purposes. Once screened the ISF data will be returne=
d with
embedded targeting links to ACS to be maintained in accor=
dance with the
ACS stated retention policy.
Pursuant to the savings cl=
ause in the Homeland Security Act of
2002, Public Law 107-296, S=
ection 1512, 116 Stat. 2310 (November 25,
2002), the Department =
of Homeland Security (DHS) and its components and
offices have r=
elied on preexisting Privacy Act systems of records
notices for =
the maintenance of records that concern the tracking,
controllin=
g, and processing of all commercial goods imported into the
Unit=
ed States.
This collection satisfies the requirements of Section 203 of the Security and Accountability for Every Port Act of 2006 (Pub. L. 109-<=
/pre>347, 120 Stat. 1884 (SAFE Port Act)).
Consistent with DHS's information=
sharing mission, information
stored in the Automated Commercial=
System may be shared with other DHS
components, as well as appr=
opriate Federal, State, local, tribal,
foreign, or international=
government agencies. This sharing will only
take place after DH=
S/CBP determines that the receiving component or
agency has a ne=
ed to know the information to carry out national
security, law e=
nforcement, immigration, intelligence, or other
functions consis=
tent with the routine uses set forth in this system of
records n=
otice.
To provide notice and transparency to the public, the Department of
=
Homeland Security, U.S. Customs and Border Protection announces an amendment to an existing legacy Privacy Act system of records, the =
Automated Commercial System, a comprehensive system used by U.S.=
Customs and Border Protection to track, control, and process al=
l
commercial goods imported into the United States. This legacy =
system
will now also collect additional data via the Automated B=
roker
Interface and Vessel Automated Manifest System.
=
In accordance wi=
th the Privacy Act of 1974 and as part of DHS's
ongoing effort t=
o review and update legacy system of record notices,
DHS propose=
s to update and reissue the following legacy record system,
Trea=
sury/CS.278 Automated Commercial System (66 FR 52984 October 18,
2001), as a DHS/CBP system of records notice titled, U.S. Customs and Border Protection Automated Commercial System. Categories of
<=
pre>individuals and categories of records have been reviewed, and the routine uses of this legacy system of records notice have been update=
d
to better reflect the DHS/CBP Automated Commercial System reco=
rd
system. This reissued system will be included in DHS's invent=
ory of
record systems.
II.=
Privacy Act
The Privacy Act embodies fair informatio=
n principles in a statutory
framework governing the means by whi=
ch the United States Government
collects, maintains, uses, and d=
isseminates personally identifiable
information. The Privacy Act=
applies to information that is maintained
in a ``system of reco=
rds.'' A ``system of records'' is a group of any
records under t=
he control of an agency for which information is
retrieved by th=
e name of an individual or by some identifying number,
symbol, o=
r other identifying particular assigned to the individual. In
th=
e Privacy Act, an individual is defined to encompass United States
citizens and lawful permanent residents. As a matter
&nbs=
p;
[[Page 77762]]
of =
policy, DHS extends administrative Privacy Act protections to all
individuals where systems of records maintain information on U.S.
<=
pre>citizens, lawful permanent residents, and visitors. Individuals may request access to their own records that are maintained in a system=
of
records in the possession or under the control of DHS by com=
plying with
DHS Privacy Act regulations, 6 CFR part 5.
The Privacy Act=
requires each agency to publish in the Federal
Register a descr=
iption denoting the type and character of each system
of records=
that the agency maintains, and the routine uses that are
contai=
ned in each system in order to make agency recordkeeping
practic=
es transparent, to notify individuals regarding the uses to
whic=
h personally identifiable information is put, and to assist
indi=
viduals to more easily find such files within the agency. Below is
the description of the Automated Commercial System system of records. In accor=
dance with 5 U.S.C. 552a(r), DHS has provided a report of
this u=
pdated system of records to the Office of Management and Budget
=
and to Congress.
System of Records
DHS/CBP--015
System name:
U.S. Customs and Border Protection--0=
15 Automated Commercial System
Securi=
ty classification:
&=
nbsp; Unclassified.
System loc=
ation:
Records are maintained at the CBP Headquarters in Washington, DC
and field offices.
Categories of in=
dividuals covered by the system:
Categories of individuals covered by this system=
include: CBP
employees and individuals involved in the import t=
rade.
Categories of records in the sy=
stem:
=
Categories of records in this system include:
Individual's nam=
e;
Social Security Number (SSN), if collected;
Ad=
dress;
CBP employee names;
<=
BULLET> CBP employee SSN; &nbs=
p;Importer of record number, which can be the IRS Employer
Identification Number (EIN), SSN, or a Customs-assigned number;
Importer name and address;
&=
nbsp; Type of importation bond;
=
=
;Importation bond expiration date;
Surety code;
<=
/span>Violation statistics;
&nbs=
p; Protest information;
=
Customhouse broker number;
=
; Customhouse name;
Cust=
omhouse address;
Bond agent name;
<=
/span> 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/Shi=
pper address;
Carrier names;
Carrier codes (non S=
SN) (Standard Carrier Agent Code (SCA)
for vessel carriers, Inte=
rnational Air Transport Association (IATA) for
air carriers); &n=
bsp;Manufacturer (or supplier) name;
Seller name;
=
=
;Buyer name;
=
Ship to party name;
Contain=
er stuffing location;
&nbs=
p; Consolidator (stuffer);
For=
eign trade zone applicant identification number;
=
; Consignee num=
ber(s);
Country of origin;
<=
BULLET> Commodity HTSUS number=
;
Booking party;
&n=
bsp; Foreign port of unlading;
<=
pre> =
Place of delivery; and
&n=
bsp; Ship to party.
&n=
bsp;
Authority for maintenance of the system:
19 U.S.C. 66, 1431,=
1448, 1481, 1484, 1505, 1514 and 1624, section
203 of the Secur=
ity and Accountability for Every (SAFE) Port Act of
2006 and sec=
tion 343(a) of the Trade Act of 2002, as amended by the
Maritime=
Transportation Security Act of 2002.
Purpose(s): =
The purpose of this system is to track, control, and process all commercial goods imported into the United States, and to improve CB=
P's
ability to identify high-risk shipments so as to prevent smu=
ggling and
ensure cargo safety and security. As part of CBP iden=
tifying high risk
shipments for border security and counterterro=
rism purposes, the system
includes information relating to indiv=
iduals and their relationship to
the merchandise as documented i=
n the Importer Security Filing (ISF).
Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
In addition to those disclosures =
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, a=
ll 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 or other Federal=
agency conducting
litigation or in proceedings before any court=
, adjudicative or
administrative body, when:
1. DHS or any component t=
hereof;
2. any employee of DHS in his/her official capacity;
3. any employee of DHS in =
his/her individual capacity where DOJ or
DHS has agreed to repre=
sent the employee; or
&nbs=
p; 4. the United States or any agency thereof, is a party to t=
he
litigation or has an interest in such litigation, and DHS/CBP=
determines that the records are both relevant and necessary to =
the
litigation and the use of such records is compatible with th=
e purpose
for which DHS/CBP collected the records.
B. To a congression=
al office from the record of an individual in
response to an inq=
uiry from that congressional office made at the
request of the i=
ndividual to whom the record pertains.
C. To the National Archives and Records Ad=
ministration or other
Federal government agencies pursuant to re=
cords management inspections
being conducted under the authority=
of 44 U.S.C. 2904 and 2906.
&nb=
sp; D. To an agency, organization, or individual for the=
purpose of
performing audit or oversight operations as authoriz=
ed by law, but only
such information as is necessary and relevan=
t to such audit or
oversight function.
E. To appropriate agencies, ent=
ities, and persons when:
&=
nbsp; 1. DHS suspects or has confirmed that the security or confidentiality of information in the system of records has been <=
/pre>compromised;
&nb=
sp; 2. The Department has determined that as a result of the s=
uspected
or confirmed compromise there is a risk of harm to econ=
omic or property
interests, identity theft or fraud, or harm to =
the security or
integrity of this system or other systems or pro=
grams (whether
maintained by DHS or another agency or entity) th=
at rely upon the
compromised information; and
3. The disclosure made t=
o such agencies, entities, and persons is
reasonably necessary t=
o assist in connection with DHS's efforts to
respond to the susp=
ected or confirmed compromise and prevent, minimize,
or remedy s=
uch 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,
=
[[Page 77763]]
when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use=
are
subject to the same Privacy Act requirements and limitation=
s on
disclosure as are applicable to DHS officers and employees.=
G. To=
a Federal, State, or local agency, or other appropriate
entity =
or individual, or through established liaison channels to
select=
ed foreign governments, in order to provide intelligence,
counte=
rintelligence, or other information for the purposes of
intellig=
ence, counterintelligence, or antiterrorism activities
authorize=
d by U.S. law, Executive Order, or other applicable national
sec=
urity directive.
&nb=
sp; H. To an appropriate Federal, State, tribal, local, internationa=
l,
or foreign law enforcement agency or other appropriate author=
ity
charged with investigating or prosecuting a violation or enf=
orcing or
implementing a law, rule, regulation, or order, where =
a record, either
on its face or in conjunction with other inform=
ation, indicates a
violation or potential violation of law, whic=
h includes criminal,
civil, or regulatory violations and such di=
sclosure is proper and
consistent with the official duties of th=
e person making the
disclosure.
I. To the Bureau of the Census to prov=
ide information on foreign
trade data.
J. To a Federal agency, pursuan=
t to the International Trade Data
System Memorandum of Understan=
ding, consistent with the receiving
agency's legal authority to =
collect information pertaining to and/or
regulate transactions i=
n international trade.
&nb=
sp; K. To appropriate Federal, State, local, tribal, or foreig=
n
governmental agencies or multilateral governmental organizatio=
ns
responsible for investigating or prosecuting the violations o=
f, or for
enforcing or implementing, a statute, rule, regulation=
, order, license,
or treaty where DHS determines that the inform=
ation would assist in the
enforcement of civil or criminal laws.=
L. To=
a Federal, State, local, tribal, territorial, foreign, or
inter=
national agency, maintaining civil, criminal or other relevant
e=
nforcement information or other pertinent information, which has
requested information relevant to or necessary to the requesting
agency's or the bureau's hiring or retention of an individual, or
<=
pre>issuance of a security clearance, license, contract, grant, or other benefit;
&n=
bsp; M. To a court, magistrate, or administrative tribunal in the co=
urse
of presenting evidence, including disclosures to opposing c=
ounsel or
witnesses in the course of civil discovery, litigation=
, or settlement
negotiations, in response to a subpoena, or in c=
onnection with criminal
law proceedings;
N. To third parties during =
the course of an investigation to the
extent necessary to obtain=
information pertinent to the investigation;
O. To the Department of Justice, the=
United States Attorney's
Office, or a consumer reporting agency=
for further collection action on
any delinquent debt when circu=
mstances warrant;
&n=
bsp; P. To appropriate Federal, State, local, tribal, or foreign governmental agencies or multilateral governmental organizations wh=
ere
DHS is aware of a need to utilize relevant data for purposes=
of testing
new technology and systems designed to enhance natio=
nal security or
identify other violations of law;
Q. To a former emplo=
yee of DHS, in accordance with applicable
regulations, for purpo=
ses 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 where
the Department requires information or consultation assistance from the former employee regarding a matter within that person's former are=
a of
responsibility;
=
R. To an organization or individual in either the=
public or private
sector, either foreign or domestic, where the=
re is a reason to believe
that the recipient is or could become =
the target of a particular
terrorist activity or conspiracy, to =
the extent the of life or
property; and
S. To a consumer reporting age=
ncy related to owing the U.S.
Government money in accordance wit=
h 15 U.S.C 1681 et seq.
Disclosure to=
consumer reporting agencies:
&n=
bsp; Yes, in accordance with the provision of 15 U.S.C. =
1681 et seq.
Policies and practices f=
or storing, retrieving, accessing, retaining,
and disposing of r=
ecords in the system:
Storage:
Records in this system are stored electr=
onically or on paper in
secure facilities in a locked drawer beh=
ind a locked door. The records
that are stored electronically ar=
e stored on magnetic disc, tape,
digital media, and CD-ROM.
Retrievability:
Records may be retrieved by ide=
ntification codes and/or name.
Safegu=
ards:
=
Records in this system are safeguarded in accordance with
applic=
able rules and policies, including all applicable DHS automated
=
systems security and access policies. Strict controls have been imposed to minimize the risk of compromising the information that is being =
stored. Access to the computer system containing the records in =
this
system is limited to those individuals who have a need to k=
now the
information for the performance of their official duties=
and who have
appropriate clearances or permissions. The system =
maintains a real-time
auditing function of individuals who acces=
s the system. Additional
safeguards may vary by component and pr=
ogram.
Retention and disposal:
<=
pre> The Importer=
Security Filing is retained for fifteen years from
date of subm=
ission unless it becomes linked to active law enforcement
lookou=
t records, CBP matches to enforcement activities, and/or
investi=
gations or cases (i.e., specific and credible threats;
individua=
ls, and routes of concern; or other defined sets of
circumstance=
s) for which it will remain accessible for the life of the
law e=
nforcement matter to support that activity and other enforcement
activities that may become related. All other records are maintained for a period of six years from the date of entry.
&nbs=
p;
System Manager and address:
Director, Office of Automated Syst=
ems, CBP Headquarters, 1300
Pennsylvania Avenue, NW., Washington=
, DC 20229 is responsible for all
data maintained in the files.<=
/pre>
Notification procedure:
Individuals seeking=
notification of and access to any record
contained in this syst=
em of records, or seeking to contest its content,
may submit a r=
equest in writing to CBP's FOIA Officer, 1300
Pennsylvania Avenu=
e, NW., Washington, DC 20229. If an individual
believes more tha=
n one component maintains Privacy Act records
concerning him or =
her the individual may submit the request to the
Chief Privacy O=
fficer, Department of Homeland Security, 245 Murray
Drive, SW., =
Building 410, STOP-0550, Washington, DC 20528.
When seeking records about yoursel=
f from this system of records or
any other Departmental system o=
f records your request must conform with
the Privacy Act regulat=
ions set forth in 6 CFR part 5. You must first
verify your ident=
ity, meaning that you must provide your full
[[Page 77764]]
name, current =
address and date and place of birth. You must sign your
request,=
and your signature must either be notarized or submitted under
=
28 U.S.C. 1746, a law that permits statements to be made under penalty or perjury as a substitute for notarization. While no specific form =
is
required, you may obtain forms for this purpose from the Dire=
ctor,
Disclosure and FOIA, http://frwebgate.acce=
ss.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlinklog&=
to=3Dhttp://www.dhs.gov or 1-866-431-0486. In addition
you s=
hould provide the following:
&nb=
sp; An explanation of why you believe=
the Department would
have information on you,
Iden=
tify which component(s) of the Department you believe
may have t=
he information about you,
=
Specify when you believe the records=
would have been
created,
Provide any other informa=
tion that will help the FOIA
staff determine which DHS component=
agency may have responsive records,
If your request is seekin=
g records pertaining to another
living individual, you must incl=
ude a statement from that individual
certifying his/her agreemen=
t for you to access his/her records.
Without this bulleted information the compon=
ent(s) will not be able
to conduct an effective search, and your=
request may be denied due to
lack of specificity or lack of com=
pliance with applicable regulations.
=
Record access procedures:
=
See ``Notification procedure'' above.
&n=
bsp;
Contesting record procedures:
See ``Notification procedure''=
above.
Record source categories: Records a=
re obtained by authorized Customs forms or electronic
formats fr=
om individuals and/or companies incidental to the conduct of
for=
eign trade and required by CBP in administering the tariff laws and
<=
pre>regulations of the United States.
Exemptions claimed for the system:
Information in the system may be shared with =
law enforcement and/or
intelligence agencies pursuant to the abo=
ve routine uses. The Privacy
Act requires DHS to maintain an acc=
ounting of the disclosures made
pursuant to all routines uses. D=
isclosing the fact that a law
enforcement or intelligence agenci=
es has sought particular records may
affect ongoing law enforcem=
ent or intelligence activity. As such
pursuant to 5 U.S.C. 552a(=
j)(2) and (k)(2), DHS will claim exemption
from (c)(3), (e)(8), =
and (g) of the Privacy Act of 1974, as amended, as
is necessary =
and appropriate to protect this information.
Dated: D=
ecember 10, 2008.
Hugo Teufel III,
Chief Privacy Office=
r, Department of Homeland Security.
[FR Doc. E8-29801 Filed 12-1=
8-08; 8:45 am]
BILLING CODE 4410-10-P=