[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; =
;
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<=
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 electronic invoice information to
<=
pre>Customs. This information is transmitted to Customs using either ABI record formats or the EDIFACT CUSDEC (Customs declaration). When <=
/pre>EDIFACT is used, the filer also transmits data that is normally o=
n the
CF-3461 for cargo release, as well as the entry summary CF=
-7501,
invoice data, and other government agency data.
G. Drawback
<=
pre> Filers can s=
ubmit a drawback claim to Customs on a diskette or
through ABI. =
This ensures that the data is quickly and accurately
recorded in=
ACS and results in faster claim processing and issuance of
the =
drawback payment. Immediate acceptance or rejection of data is
a=
vailable.
H. Protest
&=
nbsp;
<=
/span>The ABI electronic protest system allows ABI participants to file, amend, and query the following types of actions:
Prot=
ests against decisions of the Customs Service under 19
U.S. C. 1=
514.
Petitions for refunds of Customs duties or corrections of=
errors requiring reliquidation pursuant to 19 U.S.C. 1520(c) an=
d (d).
Interventions in an importer's protest by an exporter o=
r
producer of merchandise from a country that is a party to the =
North
American Free Trade
=
[[Page 77761]]
Agreement under Sectio=
n 181.115 of the Customs Regulations.
Once filed, protests can be amended and add=
itional arguments
submitted to:
Apply for further r=
eview (when not requested at time of
filing).
Asser=
t additional claims or challenge an additional
decision.
<=
/span>Submit alternative claims and additional grounds or
argume=
nts.
Request review of denial of further review.
=
Request denial of the protest be voided.
The protest, petition, or intervention c=
an 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 fin=
al disposition.
I. Remote Location Fi=
ling
Remote Location Filing (RLF) is a pilot program =
which allows an
approved participant to electronically file a fo=
rmal or informal entry
of merchandise with Customs from a locati=
on within the United States
other than the port of arrival (POA)=
or the designated examination site
(DES). Such merchandise, upo=
n clearance by CBP, may enter the commerce
of the United States.=
J. National In-bond
&=
nbsp;
<=
/span>The National In-bond system tracks cargo en route in the United States. Using departure, arrival, and closure data, the In-bond syste=
m
tracks cargo from the point of unlading to the port of entry o=
r
exportation. The In-bond system is incorporated within AMS. AM=
S retains
control over all sea in-bond movements (both conventio=
nal and
paperless) that are associated with automated bills of l=
ading.
K. Paperless Master In-bond
=
The Paperless Master In-bond program controls the movem=
ent and
disposition of master in-bond (MIB) shipments from the c=
arrier's
custody at the port of unlading to the same carrier's c=
ustody at the
port of destination. This program utilizes the dat=
a already available
in AMS, eliminating the need for paper docum=
entation.
To help prevent terrorist weapons from being transported to the
<=
pre>United States, vessel carriers bringing cargo to the United States are =
required to transmit certain information to Customs and Border <=
/pre>Protection (CBP) about the cargo they are transporting prior to l=
ading
that cargo at foreign ports of entry. CBP is issuing an in=
terim final
rule that requires both importers and carriers to su=
bmit additional
information pertaining to cargo to CBP before th=
e cargo is brought into
the United States by vessel. This inform=
ation must be submitted to CBP
by way of a CBP-approved electron=
ic data interchange system. The
required information is necessar=
y to improve CBP's ability to identify
high-risk shipments so as=
to prevent smuggling and ensure cargo safety
and security, as r=
equired by section 203 of the Security and
Accountability for Ev=
ery (SAFE) Port Act of 2006 and section 343(a) of
the Trade Act =
of 2002, as amended by the Maritime Transportation
Security Act =
of 2002.
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 for the number of advance data elements CBP was=
proposing to collect. Carriers would be generally required to s=
ubmit
two additional data elements--a vessel stow plan and conta=
iner status
messages regarding certain events relating to contai=
ners loaded on
vessels destined to the United States--to the ele=
ments they are already
required to electronically transmit in ad=
vance (the ``2'' of ``10+2'');
and importers, as defined in the =
proposed regulations, would be
required to submit ten data eleme=
nts--an Importer Security Filing
containing ten data elements (t=
he ``10'' of ``10+2'').
&n=
bsp; ACS has two principal methods for electronic data interch=
ange: The
Automated Broker Interface (ABI) and the Automated Man=
ifest System
(AMS). Under the ``10+2'' program, importers, who s=
ubmit the Importer
Security Filing (ISF), will use either ABI or=
Vessel AMS to provide
their information to CBP. ACS, upon recei=
pt of the ISF, will transfer
the data to the Automated Targeting=
System (ATS) for screening and
targeting purposes. Once screene=
d the ISF data will be returned with
embedded targeting links to=
ACS to be maintained in accordance with the
ACS stated retentio=
n policy.
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25, 2002), the Department of Homeland Security (DHS) and its components=
and
offices have relied on preexisting Privacy Act systems of r=
ecords
notices for the maintenance of records that concern the t=
racking,
controlling, and processing of all commercial goods imp=
orted into the
United States.
This collection satisfies the requiremen=
ts of Section 203 of the
Security and Accountability for Every P=
ort Act of 2006 (Pub. L. 109-
347, 120 Stat. 1884 (SAFE Port Act)=
).
Con=
sistent with DHS's information sharing mission, information
stor=
ed in the Automated Commercial System may be shared with other DHS
components, as well as appropriate Federal, State, local, tribal,
=
foreign, or international government agencies. This sharing will only =
take place after DHS/CBP determines that the receiving component=
or
agency has a need to know the information to carry out natio=
nal
security, law enforcement, immigration, intelligence, or oth=
er
functions consistent with the routine uses set forth in this =
system of
records notice.
To provide notice and transparency to the pu=
blic, the Department of
Homeland Security, U.S. Customs and Bord=
er Protection announces an
amendment to an existing legacy Priva=
cy Act system of records, the
Automated Commercial System, a com=
prehensive system used by U.S.
Customs and Border Protection to =
track, control, and process all
commercial goods imported into t=
he United States. This legacy system
will now also collect addit=
ional data via the Automated Broker
Interface and Vessel Automat=
ed Manifest System.
=
In accordance with the Privacy Act of 1974 and as part of DHS=
's
ongoing effort to review and update legacy system of record n=
otices,
DHS proposes to update and reissue the following legacy =
record system,
Treasury/CS.278 Automated Commercial System (66 F=
R 52984 October 18,
2001), as a DHS/CBP system of records notice=
titled, U.S. Customs and
Border Protection Automated Commercial=
System. Categories of
individuals and categories of records hav=
e been reviewed, and the
routine uses of this legacy system of r=
ecords notice have been updated
to better reflect the DHS/CBP Au=
tomated Commercial System record
system. This reissued system wi=
ll be included in DHS's inventory of
record systems.
<=
o:p>
II. Privacy Act
The Privac=
y Act embodies fair information principles in a statutory
framew=
ork governing the means by which the United States Government
co=
llects, maintains, uses, and disseminates personally identifiable
information. 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 for which information=
is
retrieved by the name of an individual or by some identifyin=
g number,
symbol, or other identifying particular assigned to th=
e individual. In
the Privacy Act, an individual is defined to en=
compass United States
citizens and lawful permanent residents. A=
s a matter
[[Page 77762]]
<=
o:p>
of policy, DHS extends administrative Privacy Ac=
t protections to all
individuals where systems of records mainta=
in information on U.S.
citizens, lawful permanent residents, and=
visitors. Individuals may
request access to their own records t=
hat are maintained in a system of
records in the possession or u=
nder the control of DHS by complying with
DHS Privacy Act regula=
tions, 6 CFR part 5.
=
; The Privacy Act requires each agency to publish in the Feder=
al
Register a description denoting the type and character of eac=
h system
of records that the agency maintains, and the routine u=
ses that are
contained in each system in order to make agency re=
cordkeeping
practices transparent, to notify individuals regardi=
ng the uses to
which personally identifiable information is put,=
and to assist
individuals to more easily find such files within=
the agency. Below is
the description of the Automated Commercia=
l System system of records.
&nbs=
p; In accordance with 5 U.S.C. 552a(r), DHS has provided=
a report of
this updated system of records to the Office of Man=
agement and Budget
and to Congress.
System of Records<=
/pre>DHS/CBP--015
System name: U.S. Cu=
stoms and Border Protection--015 Automated Commercial System
Security classification:
Unclassified.
&nb=
sp;
System location:
Records are maintained at the CBP Headquarte=
rs in Washington, DC
and field offices.
Categories of individuals covered by the system:
Categories of indi=
viduals covered by this system include: CBP
employees and indivi=
duals involved in the import trade.
C=
ategories 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
Identification Number (EIN), SSN, or a Cust=
oms-assigned number;
=
; Importer name and address;
=
Type of importation bond;
=
Importation bond expiration date; &n=
bsp;Surety code;
&n=
bsp; Violation statistics;
Pro=
test information;
<=
/span> Customhouse broker number;
Cust=
omhouse name;
Customhouse address;
=
Bond agent nam=
e;
Bond agent SSN;
=
<=
span style=3D'mso-spacerun:yes'> Surety code (non-SSN);
<=
/span>Surety name;
=
Customs bond information;
Liqu=
idator 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) for vessel carriers, International Air Transport Association (IATA=
) for
air carriers);
=
<=
span style=3D'mso-spacerun:yes'>
Manufacturer (or supplier) nam=
e;
Seller name;
&nb=
sp; Buyer name;
=
Ship to =
party name;
=
Container stuffing location;
=
Consolid=
ator (stuffer);
Foreign trade zone applicant identification nu=
mber;
Consignee number(s);
<=
BULLET> Country of origin;
&nb=
sp;Commodity HTSUS number;
Booking party;
=
Foreign port of unlading;
=
Place of delivery; and
=
Ship to party.
Authority for maintena=
nce of the system:
&=
nbsp; 19 U.S.C. 66, 1431, 1448, 1481, 1484, 1505, 1514 and 1624, sec=
tion
203 of the Security and Accountability for Every (SAFE) Por=
t Act of
2006 and section 343(a) of the Trade Act of 2002, as am=
ended by the
Maritime Transportation Security Act of 2002.
=
Purpose(s):
The purpose of this system is to tra=
ck, control, and process all
commercial goods imported into the =
United States, and to improve CBP's
ability to identify high-ris=
k shipments so as to prevent smuggling and
ensure cargo safety a=
nd security. As part of CBP identifying high risk
shipments for =
border security and counterterrorism purposes, the system
includ=
es information relating to individuals and their relationship to
the merchandise as documented in the Importer Security Filing (ISF).
=
Routine uses of records maintained in the =
system, including categories
of users and the purposes of such u=
ses:
I=
n 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 Depart=
ment of Justice or other Federal agency conducting
litigation or=
in proceedings before any court, adjudicative or
administrative=
body, when:
=
1. DHS or any component thereof;
2. any employee of DHS in his/her officia=
l capacity;
<=
/span>3. any employee of DHS in his/her individual capacity where DOJ or DHS has agreed to represent the employee; or
4. the United States or any=
agency thereof, is a party to the
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 su=
ch records is compatible with the purpose
for which DHS/CBP coll=
ected the records.
&=
nbsp; B. To a congressional office from the record of an individual =
in
response to an inquiry from that congressional office made at=
the
request of the individual to whom the record pertains. C. To the =
National Archives and Records Administration or other
Federal go=
vernment agencies pursuant to records management inspections
bei=
ng conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, org=
anization, or individual for the purpose of
performing audit or =
oversight operations as authorized by law, but only
such informa=
tion as is necessary and relevant to such audit or
oversight fun=
ction.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has c=
onfirmed that the security or
confidentiality of information in =
the system of records has been
compromised;
2. The Department has dete=
rmined that as a result of the suspected
or confirmed compromise=
there is a risk of harm to economic or property
interests, iden=
tity theft or fraud, or harm to the security or
integrity of thi=
s system or other systems or programs (whether
maintained by DHS=
or another agency or entity) that rely upon the
compromised inf=
ormation; and
=
3. The disclosure made to such agencies, entities, and persons is <=
/pre>reasonably necessary to assist in connection with DHS's efforts t=
o
respond to the suspected or confirmed compromise and prevent, =
minimize,
or remedy such harm.
F. To contractors and their agents, gra=
ntees, experts, consultants,
and others performing or working on=
a contract, service, grant,
cooperative agreement, or other ass=
ignment for DHS,
[[Page 77763]]
=
when necessary to accomplish an agency fun=
ction related to this system
of records. Individuals provided in=
formation under this routine use are
subject to the same Privacy=
Act requirements and limitations on
disclosure as are applicabl=
e to DHS officers and employees.
G. To a Federal, State, or local agency, or othe=
r appropriate
entity or individual, or through established liais=
on channels to
selected foreign governments, in order to provide=
intelligence,
counterintelligence, or other information for the=
purposes of
intelligence, counterintelligence, or antiterrorism=
activities
authorized by U.S. law, Executive Order, or other ap=
plicable national
security directive.
H. To an appropriate Federal, St=
ate, tribal, local, international,
or foreign law enforcement ag=
ency or other appropriate authority
charged with investigating o=
r prosecuting a violation or enforcing or
implementing a law, ru=
le, regulation, or order, where a record, either
on its face or =
in conjunction with other information, indicates a
violation or =
potential violation of law, which includes criminal,
civil, or r=
egulatory violations and such disclosure is proper and
consisten=
t with the official duties of the person making the
disclosure.<=
/pre> I. To =
the Bureau of the Census to provide information on foreign
trade=
data.
J. To a Federal agency, pursuant to the International Trade Data
System Memorandum of Understanding, consistent with the receiving
<=
pre>agency's legal authority to collect information pertaining to and/or regulate transactions in international trade.
K. To appropriate Federal,=
State, local, tribal, or foreign
governmental agencies or multi=
lateral governmental organizations
responsible for investigating=
or prosecuting the violations of, or for
enforcing or implement=
ing, a statute, rule, regulation, order, license,
or treaty wher=
e DHS determines that the information would assist in the
enforc=
ement of civil or criminal laws.
L. To a Federal, State, local, tribal, territori=
al, foreign, or
international agency, maintaining civil, crimina=
l or other relevant
enforcement information or other pertinent i=
nformation, which has
requested information relevant to or neces=
sary to the requesting
agency's or the bureau's hiring or retent=
ion of an individual, or
issuance of a security clearance, licen=
se, contract, grant, or other
benefit;
M. To a court, magistrate, or a=
dministrative tribunal in the course
of presenting evidence, inc=
luding disclosures to opposing counsel or
witnesses in the cours=
e of civil discovery, litigation, or settlement
negotiations, in=
response to a subpoena, or in connection with criminal
law proc=
eedings;
N. To third parties during the course of an investigation to the
<=
pre>extent necessary to obtain information pertinent to the investigation;<=
/pre> 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 circumstances warrant;
P. To appropriate Federal, State,=
local, tribal, or foreign
governmental agencies or multilateral=
governmental organizations where
DHS is aware of a need to util=
ize relevant data for purposes of testing
new technology and sys=
tems designed to enhance national security or
identify other vio=
lations of law;
&nbs=
p; Q. 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 lice=
nsing
authority; or facilitating communications with a former em=
ployee that
may be necessary for personnel-related or other offi=
cial purposes where
the Department requires information or consu=
ltation assistance from the
former employee regarding a matter w=
ithin that person's former area of
responsibility;
R. To an organizati=
on or individual in either the public or private
sector, either =
foreign or domestic, where there is a reason to believe
that the=
recipient is or could become the target of a particular
terrori=
st activity or conspiracy, to the extent the of life or
property=
; and
=
S. To a consumer reporting agency related to owing the U.S.
Gove=
rnment money in accordance with 15 U.S.C 1681 et seq.
=
Disclosure to consumer reporting agencies:
Yes, in accordance wi=
th the provision of 15 U.S.C. 1681 et seq.
Policies and practices for storing, retrieving, accessing, retaining,=
and disposing of records in the system:
Storage: Records in=
this system are stored electronically or on paper in
secure fac=
ilities in a locked drawer behind a locked door. The records
tha=
t are stored electronically are stored on magnetic disc, tape,
d=
igital media, and CD-ROM.
Retrievabil=
ity:
R=
ecords may be retrieved by identification codes and/or name.
Safeguards:
Recor=
ds in this system are safeguarded in accordance with
applicable =
rules and policies, including all applicable DHS automated
syste=
ms 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 know t=
he
information for the performance of their official duties and =
who have
appropriate clearances or permissions. The system maint=
ains a real-time
auditing function of individuals who access the=
system. Additional
safeguards may vary by component and program=
.
Retention and disposal:
<=
span style=3D'mso-spacerun:yes'> The Importer Secu=
rity Filing is retained for fifteen years from
date of submissio=
n unless it becomes linked to active law enforcement
lookout rec=
ords, CBP matches to enforcement activities, and/or
investigatio=
ns or cases (i.e., specific and credible threats;
individuals, a=
nd routes of concern; or other defined sets of
circumstances) fo=
r which it will remain accessible for the life of the
law enforc=
ement matter to support that activity and other enforcement
acti=
vities that may become related. All other records are maintained
for a period of six years from the date of entry.
System Manager and address:
Director, Office of Automated Systems, =
CBP Headquarters, 1300
Pennsylvania Avenue, NW., Washington, DC =
20229 is responsible for all
data maintained in the files.
=
Notification procedure:
Individuals seeking noti=
fication of and access to any record
contained in this system of=
records, or seeking to contest its content,
may submit a reques=
t in writing to CBP's FOIA Officer, 1300
Pennsylvania Avenue, NW=
., Washington, DC 20229. If an individual
believes more than one=
component maintains Privacy Act records
concerning him or her t=
he individual may submit the request to the
Chief Privacy Office=
r, Department of Homeland Security, 245 Murray
Drive, SW., Build=
ing 410, STOP-0550, Washington, DC 20528.
When seeking records about yourself fro=
m this system of records or
any other Departmental system of rec=
ords your request must conform with
the Privacy Act regulations =
set forth in 6 CFR part 5. You must first
verify your identity, =
meaning that you must provide your full
[[Page 77764]]
name, current addre=
ss 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 Director,=
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=