Pia

Privacy Impact Assessment
for the

e-Allegations Portal
DHS/CBP/PIA-060
October 22, 2019
Contact Point
Deborah Augustin
Trade Remedy Law Enforcement Division
Office of Trade
U.S. Customs and Border Protection
(202) 325-6727
Reviewing Official
Jonathan R. Cantor
Acting Chief Privacy Officer
Department of Homeland Security
(202) 343-1717

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Abstract
The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP)
is responsible for securing the United States and its borders while facilitating lawful travel and
trade. The CBP Office of Trade (OT) facilitates lawful international trade activities, enforces
violations of various trade laws and regulations, and investigates allegations of trade violations
made by the members of the public. CBP created a public-facing website called “e-Allegations”
for members of the public and the trade community to report potential violation of criminal and
trade laws and regulations. CBP is conducting this Privacy Impact Assessment (PIA) to assess the
privacy risks associated with the collection, use, and dissemination of personally identifiable
information (PII) submitted via e-Allegations.

Overview
CBP has a dual mission of protecting national security objectives while facilitating
legitimate trade and travel, and plays a vital role in promoting the country’s economic prosperity
and security. CBP collects the second largest amount of revenue of any agency in the Federal
Government and CBP operations have a significant impact on the security and facilitation of
legitimate international commerce and America’s economic competitiveness.
In the performance of its trade enforcement operations, CBP has identified several highrisk areas designated as Priority Trade Issues (PTI) that can cause significant revenue loss, harm
the U.S. economy, or threaten the health and safety of the American people. PTIs drive riskinformed investment of CBP resources and enforcement and facilitation efforts, including the
selection of audit candidates, special enforcement operations, outreach, and regulatory initiatives.
The five current PTIs are Intellectual Property Rights; Textiles and Apparel; Import Safety; Trade
Agreements; and Antidumping and Countervailing Duties (AD/CVD).
Under the Tariff Act of 1930,1 as amended (Tariff Act), U.S. industries may petition the
Government for relief from imports that are sold in the United States at less than fair value
(“dumped”) or that benefit from subsidies provided through foreign government programs. Under
the law, the U.S. Department of Commerce determines whether the dumping or subsidizing exists
and, if so, the margin of dumping or amount of the subsidy. The United States International Trade
Commission determines whether there is material injury or threat of material injury to the domestic
industry by reason of the dumped or subsidized imports. AD/CVD has been identified by CBP as
a PTI because collection of these duties is critical to the U.S. economy and U.S. business
competitiveness.

1

19 U.S.C. Chapter 4.

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While the vast majority of manufacturers, importers, customs brokers, and other parties
involved in shipments of goods subject to AD/CVD orders accurately provide their shipment
information to CBP and lawfully pay the duties due, CBP has a core statutory responsibility to
collect all revenue owed to the U.S. Government that arises from the importation of goods. CBP’s
AD/CVD trade program works to ensure that CBP implements a concerted, systematic approach
to detecting and deterring the circumvention of AD/CVD laws, and liquidating transactions in a
timely and accurate manner, while facilitating legitimate trade.
Pursuant to the Tariff Act, CBP is authorized to assess and collect duties, taxes, and fees
incident to international traffic and trade. CBP also provides procedural guidance to the trade
community2 to enhance and increase compliance with domestic and international customs laws
and regulations. By ensuring compliance with various customs laws and regulations, CBP helps
importers ensure that their shipments are free from terrorist or other malicious interference,
tampering, or corruption of containers or commodities, including human rights violations
involving forced labor.3 As described by Congress in the Trade Facilitation and Trade Enforcement
Act of 2015 (TFTEA),4 CBP also has the responsibility to protect national economic security,
facilitate fair trade, support the health and safety of all people, ensure a level playing field for U.S.
industry, and prevent evasion of duties imposed by antidumping and countervailing orders.
e-Allegations Portal to Report Trade Allegations
CBP is committed to protecting national economic security and enforcing U.S. trade laws
and regulations, including to combat trade fraud. CBP accomplishes this mission by detecting
high-risk activity, deterring non-compliance, and disrupting fraudulent behavior. To do so, CBP
uses all methods at its disposal, including increased bonding, enhanced targeting and inspection of
high-risk imports, and reviewing allegations of non-compliance to ensure a fair and competitive
trade environment.
Created in 2008, the e-Allegations5 online portal on the CBP.gov website has served as the
main portal for receiving allegations of commercial trade violations and other illegal activity
affecting the U.S. commerce. The portal contains a U.S. Immigration and Customs Enforcement
(ICE)/Homeland Security Investigations (HSI) link for allegations specific to immigration,
A member of the “Trade Community” is an entity that has standing as a manufacturer or trading partner in one of
the 10 sectors (e.g., automotive/aerospace, pharma/health/chem.).
3
CBP regulations state that any person who has reason to believe that merchandise produced by forced labor is
being, or is likely to be, imported into the United States may communicate his belief to any Port Director or the
Commissioner of CBP (19 C.F.R. § 12.42).
4
TFTEA was signed into law as Public Law 114-125 on February 24, 2016. It is the first comprehensive
authorization of CBP since the Department of Homeland Security was created in 2003, with the overall objective to
ensure a fair and competitive trade environment.
5
The e-Allegations website is CBP’s online violation reporting system portal, located at:
https://eallegations.cbp.gov/Home/Index2.
2

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narcotics, and other non-trade criminal violations, facilitating the efficient referral of non-trade
issues to ICE for processing.6 CBP does not investigate or maintain information regarding nontrade issues that are referred to ICE.
CBP maintains allegations of trade-related violations that may involve: misclassification
of merchandise; country of origin markings; health and safety violations; agriculture violations;
intellectual property rights violations; and textile or other trade violations. e-Allegations expanded
in 2016 to include a separate portal for allegations about violations of the Enforce and Protect Act
(EAPA) of 2015.7 The EAPA allegations section of the e-Allegations portal facilitates the
enforcement of antidumping and/or countervailing duties (AD/CVD) evasion schemes against
U.S. importers. The public may submit anonymous allegations for evasion of AD/CVD against
U.S. importers via the e-Allegations Portal, but all EAPA allegations require basic contact
information about the submitter. CBP still receives informal allegations via mail, telephone, and
email correspondence, but now tracks them via e-Allegations.
Types of Trade Allegations
The e-Allegations web site provides public users with three options for reporting the
different types of allegations over which DHS has authority:
Trade Violations
Members of the public may use the “Report Trade Violations” link to report suspected
illegal trade activity by trade related entities such as importers, exporters, brokers, consignees,
trade filers, or other trade related business entities. Suspected violations include:

6

•

Intellectual property rights infringements;

•

Textile or free trade agreement violations;

•

Health and safety issues;

•

Classification and value violations;

Individuals are redirected to the ICE HSI Tip Form: https://www.ice.gov/webform/hsi-tip-form. This PIA, and all
other privacy compliance documentation associated with the allegations of individuals for investigations pursuant to
ICE’s law enforcement and investigative authorities and mission, is under the purview of ICE. Although the public
can access HSI Tip Form via a link on the CBP’s e-Allegations cloud-based website, the allegations submitted
through the CBP’s e-Allegations for ICE TIPS are managed separately from CBP e-Allegations. The information
collected by ICE TIPS is outside the scope of this PIA. More information about ICE and Reporting Suspected
Criminal/Illegal Activity can be found in the FALCON Tipline PIA at:
https://www.dhs.gov/sites/default/files/publications/ice-pia-033-falcon-tipline-2012.pdf.
7
Title IV of TFTEA, Prevention of Evasion of Antidumping and Countervailing Orders (cited as EAPA), tasks CBP
with investigating and preventing evasion of duties imposed by antidumping and countervailing orders.

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•

Forced labor violations; and

•

Non-EAPA allegations.

Individuals may use the fillable electronic form to submit an allegation anonymously or
may provide their name and contact information if they chose to do so. The submitter may provide
information about the type and description of the violation, country of export, product
(Harmonized Tariff Schedule (HTS) code, if known), and suspected violator (importer/exporter
name/company name).8
Evasion Violations via EAPA
EAPA establishes the procedures for submitting AD/CVD allegations of evasion against
importers to ensure fair trade practices and ensure a level playing field for U.S. industry. The
online EAPA Allegations submission form is restricted to trade allegations made by members of
the trade community (trade-related entities such as importers, exporters, brokers, consignees, trade
filers, or other trade related business entities) who have a vested interest, or “standing,” in relation
to AD/CVD orders. Accordingly, they must identify themselves when submitting an allegation.
Members of the trade community who meet the definition of an interested party as defined
by statute must:
•

Provide a statutory description of covered merchandise and applicable AD/CVD
order(s) pertaining to their allegation; and

•

Demonstrate that evasion of an AD/CVD order has occurred.9

As provided for under 19 CFR § 165.16, CBP shares in-scope referrals to the U.S.
Department of Commerce (DOC) if CBP cannot determine whether the type of
import/merchandise described in an allegation is properly within the scope of an AD/CVD order.
The referral may contain any information necessarily relevant to the AD/CVD order/case to allow
DOC to examine and determine if commodities fall within or without of the AD/CVD duty orders.
Internal Management of Allegations
CBP uses the Commercial Allegation Recording System (CARS), a web-based SharePoint
portal, to receive, record, review, manage, and track all trade allegations. CBP trade analysts use
CARS to view and reference allegations on importers (and in some cases, exporters) and/or
commodities as they encounter imports arriving at the ports of entry. CARS also provides
administrative and reference information such as port codes, trade laws, and information about
This information is used to identify the alleged violator providing the violator is a business, or individual “doing
business as” who has registered as, or is importing merchandise as an importer, broker, consignee, etc.
9
At the time of publication of this PIA, the only such EAPA allegation that is permissible through this link is that
with a nexus to AD/CVD. If and when the link for reporting EAPA violations is expanded to include other traderelated violations, an update with be made to the corresponding CARS privacy threshold analysis (PTA).
8

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Field Offices. CARS also includes an online CARS User Manual to ensure that all users have a
full understanding of their roles and responsibilities.
CARS contains the allegation case number, company/importer/exporter/broker name,
email/physical address, phone, and number. The source of an allegation can use and include any
information known to them or suspected about violators in their submission, such as an Importer
ID or Social Security number (SSN).10 All information provided is retained in CARS/EAPA
without bias, to maintain the integrity of the allegation submitted.
AD/CVD allegations in EAPA are different from standard e-Allegations in CARS only
insofar as EAPA entries of alleged violations can only be made by members of the trade
community, whereas e-Allegations entries can be made by anyone. If a determination needs to be
made based on an allegation of whether an import item/merchandise falls within an AD/CVD
order, CBP does not perform the research into the import item/merchandise; rather, it is the
responsibility of DOC, under 19 CFR § 165.16. Such referrals to DOC are made as part of the
investigation process and performed on an ad-hoc basis by the CBP EAPA Investigations Branch.

Section 1.0 Authorities and Other Requirements
1.1

What specific legal authorities and/or agreements permit and
define the collection of information by the project in question?

DHS’s law enforcement jurisdiction is highly complex and derives authority for U.S. trade
related activities from a wide spectrum of federal statutes. CBP and ICE enforce customs laws
related to Title 19 U.S. Code and regulations in Title 19 of the Code of Federal Regulations in
support of tariff and revenue protection pursuant to The Tariff Act of 1930, as amended, and other
laws and regulations.
These include 19 CFR parts 19, 101, 111, 112, 113, 141, 142, 148, and 163; 19 CFR §§
24.5, 103.31(e), 192.14, and 149.3; 31 CFR Chapter X; Public Law 109-347, 120 Stat. 1884 (Oct.
13, 2006); 5 U.S.C. § 301; 6 U.S.C. § 202; 8 U.S.C. §§ 1103; 1357, and 1360; 19 U.S.C. §§ 66,
1431, 1448, 1481, 1484, 1505, 1514, 1624, and 2071; note: 26 U.S.C. § 6109(d); 31 U.S.C. §
7701(c); Title 18, U.S.C.; 19 U.S.C. §§ 66, 482, 1431, 1448, 1467, 1481, 1484, 1485, 1498, 1499,
1505, 1509, 1514, 1551, 1551a, 1555, 1565, 1581(a), 1589a, 1624, 1641, and 2071; 44 U.S.C.
Chapter 31 (Federal Records Act), § 3101; 31 U.S.C. 7701(c); § 203 of the Security and

10

If an importer does not have an Importer ID, the importer can use his/her SSN, or other tax information in lieu of
an Importer ID on trade related forms for the importation of goods; likewise, an individual making the allegation can
include whatever text (such as Importer ID, Taxpayer Identification Number, SSN) that is known to him/her in the eAllegations system form, thus an Importer ID or SSN can be entered into CARS.

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Accountability for Every (SAFE) Port Act of 2006 and § 343(a) of the Trade Act of 2002, as
amended by the Maritime Transportation Security Act of 2002.
CBP also has the authority to share information with the U.S. Department of Commerce
pursuant to 19 CFR § 165.16. In more detail, and as applicable, the Import Information System
SORN includes a complete list of authorities pursuant to the U.S. export laws CBP is responsible
for enforcing.

1.2

What Privacy Act System of Records Notice(s) (SORN(s)) apply
to the information?

SORN coverage for information submitted to CBP as part of a trade allegation are covered
by the DHS/CBP-013 Seized Assets and Case Tracking System (SEACATS) SORN.11 Records
maintained pursuant to the SEACATS SORN are used to (1) document individuals and businesses
who violated, or are alleged to have violated, Customs, immigration, agriculture, and other laws
and regulations enforced or administered by CBP; (2) collect and maintain records on fines,
penalties, and forfeitures; and (3) collect and maintain records of individuals who have provided
assistance with respect to identifying or locating individuals who have or are alleged to have
violated Customs, immigration, agriculture, and other laws and regulations enforced or
administered by CBP. SEACATS specifically permits the collection of information about current
and former violators and alleged or otherwise suspected violators of Customs, immigration,
agriculture, or other laws and regulations administered or enforced by CBP, and related parties
involved in, or affected by, an inquiry concerning the violation of Customs, immigration,
agriculture, or other law enforced or administered by CBP.
As part of the investigatory or analysis process of the trade allegations, CBP may take a
trade enforcement action, generate trade intelligence records, or both. Trade enforcement actions
are covered by the SEACATS SORN as noted above, and also by the CBP TECS SORN,12 which
covers trade records related to a violation or suspected violation of law that CBP enforces or
administers. TECS tracks individuals who have violated or are suspected of violating a law or
regulation that is enforced or administered by CBP, provides a record of any inspections conducted
at the border by CBP, determines admissibility into the United States, and records information
regarding individuals, firms, and organizations to whom CBP has issued detentions and warnings.
In the event that information submitted as part of an e-Allegation is used to generate a
Trade Threat Analysis or other kind of trade intelligence product or alert, these records are covered
by the CBP Intelligence Records System SORN,13 which covers law enforcement, intelligence,

11

DHS/CBP-013 Seized Assets and Case Tracking System, December 19, 2008 73 FR 77764.
DHS/CBP-011 U.S. Customs and Border Protection TECS, December 19, 2008 73 FR 77778.
13
DHS/CBP-024 Intelligence Records System (CIRS) System of Records, September 21, 2017, 82 FR 44198.
12

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crime, and incident reports (including financial reports under the Bank Secrecy Act and law
enforcement bulletins) produced by CBP.

1.3

Has a system security plan been completed for the information
system(s) supporting the project?

Yes. A system security plan has been completed for both the CBP.gov portal and the
backend application, consistent with requirements of the Federal Information Security
Modernization Act of 2014. Both ATOs are valid through Spring 2021.

1.4

Does a records retention schedule approved by the National
Archives and Records Administration (NARA) exist?

No. CBP Records Management is in the process of establishing a records retention
schedule for the CBP systems in which the CBP website and CBP SharePoint sites are maintained.
CBP Records Management will work with the respective program offices to establish the
appropriate schedules with NARA.

1.5

If the information is covered by the Paperwork Reduction Act
(PRA), provide the OMB Control number and the agency number
for the collection. If there are multiple forms, include a list in an
appendix.

CBP collects data directly from members of the public, and therefore is subject to the
Paperwork Reduction Act (PRA). The Office of Management and Budget (OMB) Control Number
1651-0131 applies to CBP collections of information related to trade allegations (“e-Allegations”).

Section 2.0 Characterization of the Information
2.1

Identify the information the project collects, uses, disseminates, or
maintains.

Through the e-Allegations web portal, CBP collects information pertinent to the alleged
violation, including (1) information about the individual making the allegation, as required; (2)
information about the alleged violator; and (3) information about the suspected violation, including
suspected violation type, AD/CVD duty order number, or information about merchandise. Once
information is provided to CBP through the e-Allegations portal the information is transferred via
a secure web service to CBP’s Commercial Allegation Recording System (CARS) SharePoint
site14 for further review, processing, or adjudication. The CBP CARS SharePoint site is accessible
14

Within CARS, a unique case number is assigned.

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by CBP employees enabling them to track commercial allegations, enforcement actions, and prior
disclosures.
The e-Allegation information intake page also contains an attachment option where a
submitter is permitted to upload up to five document files15 to his/her allegation. The submitter
must indicate which type of allegation he/she are submitting in order for a system-generated
reference number to link the attachments to the correct allegation. The attachments provided by
the submitter can be attached to the information provided and added to CARS.
CBP collects the following information from individuals using the web portal for
reporting Trade Violations:
•

Information about the individual making the allegation:
o First, Middle, and Last name;
o Email address;
o Phone number; and
o Role (broker, carrier/freight forwarder, consumer, domestic manufacturer,
exporter, foreign manufacturer, government, importer/competitor, lawyer, or
other).

•

Information about the Allegation
o Violation Type: Classification of Merchandise, Country of Origin Markings,
Description of Merchandise, Forced Labor, FTA/Preference Claim, Health and
Safety, Intellectual Property Rights, Jones Act Violation, Prohibited Items,
AD/CVD, Smuggling, Textiles, Valuation, or Other;
o Violation description (using a free flow text box);
o Country of Export; and
o Product Category (identified by using the dropdown menu of Harmonized Tariff
Schedule of the United States (HTSUS) codes 01-97, including option for
unknown/multiple).

•

Information about the alleged violator:
o Violator name;
o Address, city, state, province or U.S. possession, Zip Code, Country; and

15

Attachment file types must be in .jpg, .gif, .pdf, .doc, .docx, or .txt format. Each file is limited to 2MB. Files
exceeding the 2MB limit or other hard copy materials can be submitted via mail to the address listed on the FAQ
page for e-Allegations: https://www.cbp.gov/trade/trade-community/e-allegations/e-allegations-faqs.

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o Information about any additional parties (using free flow text box).
CBP collects the following information about individuals reporting Evasion Violations
via the Enforce and Protect Act (EAPA):
•

Information about the individual making the allegation:
o Private Sector Entity/U.S. Government Entity/Small Business name;
o First, Middle, and Last name;
o Email address and phone number; and
o Business or company name, mailing or business address, email address, (and if
acting on behalf of another company, their information).

•

Information about the allegation:
o AD/CVD Order Number;
o Product description (using a free flow text box);
o HTSUS product category; and
o Evasion violation description (using a free flow text box).

•

Information about the alleged violator:
o Name of importer suspected of evasion; and
o Violator address, city, state, country, Zip code.

•

Certification and informed consent:
o Certification by the submitter related to the allegation pursuant to 19 CFR §§
165.4(a) and (d), 165.5(b)(2), 165.7(a); and
o Acknowledgement of informed consent pursuant to 19 CFR §§ 165.11(b)(1)
through (5), and (c).

Information submitted to CBP through other means (e.g., standard or email) may contain
additional information at the submitter’s discretion since these mechanisms do not provide a
standard format for collection.
In addition to the information provided by the submitter, CBP may maintain other relevant
information pertinent to the investigation, including information from other CBP trade and law
enforcement systems within CARS.

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2.2

What are the sources of the information and how is the
information collected for the project?

CBP receives this information from the public, including from individuals, members of the
trade community, and from federal, state, and local, tribal, territorial, or international agencies with
the responsibility for oversight of trade/merchandise for import/export to/from the United States.
Information can be submitted to CBP via the e-Allegations website, by mail, or by email.
CARS also includes information obtained from internal CBP transactional systems such as
the Automated Commercial Environment (ACE).16

2.3

Does the project use information from commercial sources or
publicly available data? If so, explain why and how this
information is used.

By its nature as a trade information system, information sent to CARS from the eAllegations portal necessarily will include commercial information since the allegations involve
some kind of commercial entity. However, all information is submitted by the individual or entity
filing the allegation. As part of the investigatory process, CBP trade analysts may use commercial
and open source information to adjudicate the allegation.

2.4

Discuss how accuracy of the data is ensured.

Information sent to CARS from the e-Allegations portal is not altered in any way, due to
the need to maintain the integrity of the information as it was received by the submitter. During
the investigative or analysis processes, CBP may make a determination that information received
via e-Allegations is false or inaccurate, and the results of the investigation and analysis will be
retained in CARS in the final determination results.

2.5

Privacy Impact Analysis: Related to Characterization of the
Information

Privacy Risk: There is a risk that information submitted from the public via e-Allegations
to CBP may be incorrect, or that someone could submit misinformation about another member of
the Trade Community to CBP.
Mitigation: This risk is inherent to any Government collection of tips, leads, or allegations.
Due to the potentially inaccurate nature of allegations, CBP does not use e-Allegations as a means
16

For information about trade processing generally, see DHS/CBP/PIA-003 Automated Commercial Environment
(ACE), available at https://www.dhs.gov/publication/filing-data-acsace. ACE is the backbone of CBP’s trade
information processing and risk management activities and is the key to implementing many of the agency’s trade
transformation initiatives. ACE allows efficient facilitation of imports and exports and serves as the primary system
used by U.S. Government agencies to process cargo.

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to ascertain whether the allegation is accurate as entered, but rather, it is intended to provide the
public with a means to share with CBP as much information as they have based on their own
observations of the alleged criminal/illegal activity. Information sent to CARS from e-Allegations
is not edited, corrected, or altered in any way, so as to maintain the integrity of the information as
it was received by the submitter. If during the investigative or analysis process, CBP makes the
determination that information received via e-Allegations is false or inaccurate, the final results of
the investigation and analysis will be retained in CARS, and the necessary actions against the
alleged individual or business, if warranted, will be reflective of the results of the thorough
investigation, and not the allegations.

Section 3.0 Uses of the Information
3.1

Describe how and why the project uses the information.

CBP collects PII from members of the public primarily via the e-Allegations web portal,
however, the same information can be sent to CBP by mail to:
Office of International Trade
U.S. Customs and Border Protection
1300 Pennsylvania Ave., NW, ATTN: 1400 L-11
Washington, D.C. 20229
Or by e-Mail to CBP at: [email protected].
This information can be from and about anyone involved in the importation and exportation
of merchandise and international trade. Using e-Allegations, CBP collects PII for two purposes:
1) to permit individuals making allegations about criminal activity17 or violations of trade laws to
identify those who they suspect of making the violation; and 2) to allow individuals to identify
themselves as the alleger (in some instances this is optional, however, in others, it may be
mandatory, for example in the case where an email is submitted and the submitter’s email is
retained from the email, or when the submitter requires a confirmation receipt or reference number
from his/her allegation).
CBP uses information received from the public to identify potential violators and search
existing CBP trade records in order to open and carry out an investigation. Investigations include
but are not limited to research into importer and exporter histories, open source research, analysis,
site visits, cargo inspections, entry reviews, interviews, regulatory audits, and obtaining additional
information from allegers and alleged violators and/or their legal counsels. The results of the
investigations may result in trade enforcement actions such as duty demands, penalties, interim
17

The public is instructed to report criminal or suspicious activity of immediate concern, including terrorism-related
or other imminent threats to public health and safety, to ICE at: 1-866-DHS-2-ICE (1-866-347-2423).

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measures, seizures of merchandise, and the creation of trade enforcement records; or may result in
the creation of trade intelligence products such as trade threat analyses.
Contact information about the submitter (name, email address) is optional in most cases,
but may allow CBP to follow up with the submitter or allow the submitter to submit images and
receive a confirmation number for the allegation. Within CARS, CBP also maintains general
contact information for the CBP employee/supervisor supporting the import activity, allegation,
or investigation.

3.2

Does the project use technology to conduct electronic searches,
queries, or analyses in an electronic database to discover or locate
a predictive pattern or an anomaly? If so, state how DHS plans to
use such results.

No. Neither e-Allegations portal, nor the CARS Sharepoint site, use technologies to
discover predictive patterns or anomalies.

3.3

Are there other components with assigned roles and
responsibilities within the system?

No. The e-Allegations portal serves as pointer to the ICE website through the “Report
Suspected Criminal/Illegal Activity” tab for the public to report potential criminal activities, but
CBP does not store any information associated with this referral. No other DHS components have
access to CARS.

3.4

Privacy Impact Analysis: Related to the Uses of Information

Privacy Risk: There is a risk that CBP will use the information in the system for purposes
beyond what is described in this PIA.
Mitigation: CARS includes an online CARS User Manual to ensure those accessing CARS
have a full understanding of their roles and responsibilities. By providing access to all employees,
CARS allows CBP trade analysts across the country to view and reference allegations on importers
(and in some cases, exporters), and/or HTSUS codes related to the commodities that they
encounter upon inspection of imports arriving at the ports of entry. Although all CBP employees
are able to access CARS using a secure link, not all employees will have the ability to make
changes to the allegation information contained therein. However, there remain some unmitigated
risks associated with the fact that CBP employees without a need to know have view-only access
to trade allegation information.

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Section 4.0 Notice
4.1

How does the project provide individuals notice prior to the
collection of information? If notice is not provided, explain why
not.

All trade-related business entities are responsible for understanding and complying with
U.S. trade law and regulations, including 19 U.S.C. §§ 4372 and 4318; Title IV, § 421 of TFTEA;
and importing laws and regulations about the import process for importing merchandise into the
United States. CBP provides guidance for “Importing Into the United States” on its website,18
including information in Chapter 39 on “Special Requirements” that provides information on items
that may require licenses or permits, such as food products, plants, animals, dairy, prescription
medications, trademarked articles such as name-brand shoes, handbags, luggage, golf clubs, toys,
and copyrighted material such as CDs, DVDs and tapes.
CBP provides extensive notice to the public through its public facing website, which
discusses where to submit inquiries about an allegation, what is needed to submit an allegation,
and includes a link to frequently asked questions. CBP also explains when a submitter may remain
anonymous and when the submitter’s identity is required. More information about who may submit
an EAPA allegation (i.e., what defines an interested party with standing) and the authorities
surrounding this type of allegation can be found on the third link of the e-Allegations website.19
Small businesses requesting assistance in reporting an AD/CVD allegation for EAPA violations
can contact [email protected].
Due to the nature of the allegations, CBP cannot provide timely notice to individuals about
whom an allegation is submitted. Doing so might compromise CBP’s ability to investigate the
claims. In part due to this lack of direct notice, CBP is publishing this PIA to notify members of
the public of CBP’s collection of trade allegations information through this program.

4.2

What opportunities are available for individuals to consent to
uses, decline to provide information, or opt out of the project?

The submission of an allegation to CBP is voluntary. While CBP can collect information
about the submitter, submitters may also choose to remain anonymous by not providing
information about themselves. However, CBP cannot investigate EAPA claims that are submitted
anonymously, and other anonymous claims may hamper CBP’s enforcement efforts when further
contact with the submitter may be helpful to obtain more detailed information. CBP endeavors to
protect any information provided by a submitter from public disclosure.

18
19

https://help.cbp.gov/app/answers/detail/a_id/197/noIntercept/1.
https://eallegations.cbp.gov/Home/Index2#.

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In most cases, the Privacy Act, the Trade Secrets Act, and CBP regulations prevent CBP
from disclosing information about the submitter. Additionally, because of the Trade Secrets Act,
information about the member of the trade community who is the subject of the allegation,
including results of any research conducted or outcomes of an investigation, can also be withheld
from disclosure.

4.3

Privacy Impact Analysis: Related to Notice

Privacy Risk: There is a risk that members of the trade community may not be aware that
someone has submitted to CBP an allegation of trade violations pertaining to them.
Mitigation: This risk is partially mitigated. CBP provides information on its website for
international trade requirements, and information related to the submission of online trade
violations. In addition, CBP is publishing this PIA to further explain that trade allegations may be
submitted against any entity that violates U.S. Trade Law. However, due to the nature of the
allegations, CBP cannot provide timely notice to individuals about whom an allegation has been
submitted.

Section 5.0 Data Retention by the project
5.1

Explain how long and for what reason the information is retained.

Information collected via the e-Allegations Portal has no specific, NARA-approved,
retention schedule. However, CBP currently has a new Agency-specific retention schedule in draft
that proposes that trade allegations records be “cut off at close of case or completion of litigation
and all appeals, whichever is appropriate,” and destroy the records ten years after cutoff.
In the interim, CBP will retain the records in accordance with the published SEACATS
SORN. Records related to a law enforcement action, or that are linked to an alleged violation of
law or regulation, or are matches or suspected matches to enforcement activities, investigations,
or cases (i.e., administrative penalty actions or criminal prosecutions), will remain accessible until
the conclusion of the law enforcement matter and any other enforcement matters or related
investigative, administrative, or judicial action to which it becomes associated plus five years.
Records associated with a law enforcement matter, where all applicable statutes of limitation have
expired prior to the conclusion of the matter, will be retained for two years following the expiration
of the applicable statute of limitations.

5.2

Privacy Impact Analysis: Related to Retention

Privacy Risk: There is a risk that CBP will retain allegations information in the CARS
SharePoint collaboration site for longer than necessary to conduct an investigation into trade
violations.

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Mitigation: This risk is partially mitigated. Information collected via the e-Allegations
Portal has no specific, NARA-approved, retention schedule. However, CBP is actively working to
create and publish an Agency-specific records schedule for e-Allegations. In the interim, CBP will
retain the records in accordance with the published SEACATS SORN.

Section 6.0 Information Sharing
6.1

Is information shared outside of DHS as part of the normal
agency operations? If so, identify the organization(s) and how the
information is accessed and how it is to be used.

CBP is obligated by law to share in-scope referrals to the U.S. Department of Commerce
(DOC) or the United States International Trade Commission (USTC) under 19 CFR § 165.16 if,
at any point after receipt of an allegation, CBP cannot determine whether the merchandise
described in an allegation is properly within the scope of an AD/CVD order. The referral may
contain any necessary information made available to CBP regarding whether the merchandise
described in an e-Allegation submission is subject to the relevant AD/CVD orders. CBP will then
place the determination by the DOC on the administrative record of CBP’s proceeding and will
electronically notify the parties to the investigation providing that doing so does not violate the
Trade Secrets Act.
In addition, information may be shared with appropriate federal, state, local, tribal,
territorial, foreign, or international government agencies consistent with the routine uses set forth
in the SEACATS SORN and as otherwise authorized under the Privacy Act. In addition, CBP may
share trade related information with appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations responsible for investigating or
prosecuting the violations of, or for enforcing trade laws.

6.2

Describe how the external sharing noted in 6.1 is compatible with
the SORN noted in 1.2.

Routine Use G allows DHS to share trade related information to appropriate federal, state,
local, tribal, or foreign governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for enforcing or implementing, a
statute, rule, regulation, order, license, or treaty when DHS determines that the information would
assist in the enforcement of civil or criminal laws. This sharing relates to the enforcement of traderelated laws, consistent with the purpose for which CBP collects the information.

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6.3

Does the project place limitations on re-dissemination?

Yes, CBP limits onward sharing by requiring that recipients of the information specify to
CBP any parties with which they intend to share, or have statutory obligations to share, CBP traderelated information.

6.4

Describe how the project maintains a record of any disclosures
outside of the Department.

To obtain trade data from CBP related to e-Allegations, or any other trade system, the
requesting party must submit a written request for specific information as noted in Section 7, and
state how it plans to use the information in relation to importing commercial goods into the United
States or its nexus to a law enforcement matter. CBP retains a copy of this request and submits it
to the CBP Privacy Office for review. Once the CBP Privacy Office reviews the request, based on
the circumstances of each case, a CBP Privacy official drafts an authorization memorandum
specific to each case. CBP retains a copy of the memorandum. If the disclosure is approved, CBP
also maintains a record of the disclosure using DHS Form 191.

6.5

Privacy Impact Analysis: Related to Information Sharing

Privacy Risk: There is a risk that further external sharing may occur, or could include
more information than necessary, and will not be properly recorded as required by the Privacy Act.
Mitigation: Through a formal disclosure authorization process CBP provides notice to the
releasing authority within CBP (CBP data owners) of their obligations to only pull what data is
relevant to the request, to redact any identifiable names, PII or sensitive PII of DHS personnel, and
any computer screen codes and internal file codes. CBP also advises the data recipient that
information is provided only for the purpose stated in their request and may not be employed for
any other use. Further sharing is also restricted in so far as the data must not be released to another
agency or any other third party without CBP’s express written consent. In the event of any
unauthorized release on its part, the requesting office will intercede on CBP’s behalf to assume
responsibility for all expenses, costs, or liabilities arising from such disclosure.

Section 7.0 Redress
7.1

What are the procedures that allow individuals to access their
information?

Individuals seeking access to certain CBP records may file a Freedom of Information Act
(FOIA) request with CBP at https://foia.cbp.gov/palMain.aspx, or mail a request to:

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U.S. Customs and Border Protection (CBP)
Freedom of Information Act (FOIA) Division
1300 Pennsylvania Avenue NW, Room 3.3D
Washington, D.C. 20229
Fax Number: (202) 325-1476
All Privacy Act and FOIA requests must be in writing and include the requestor’s daytime
phone number, email address, and as much information as possible on the subject matter to
expedite the search process. Requests for information are evaluated by CBP to ensure that the
release of information is lawful; will not impede an investigation of an actual or potential criminal,
civil, or regulatory violation; and will not reveal the existence of an investigation or investigative
interest on the part of DHS or another agency

7.2

What procedures are in place to allow the subject individual to
correct inaccurate or erroneous information?

If an individual believes CBP records related to trade allegations or other activities may be
inaccurate, inquiries may be directed to the CBP Privacy Officer as described above or at
[email protected].
Information sent to CARS from e-Allegations is not edited, corrected, or altered in any
way, so as to maintain the integrity of the information as it was received from the submitter. If
during the investigative or analysis process CBP makes the determination that information
received via e-Allegations is false or inaccurate, the final results of the investigation and analysis
will be retained in CARS, and the necessary actions against the alleged individual or business, if
warranted, will be reflective of the results of the thorough investigation, and not the allegations. If
at that time, the subject of the investigation disagrees with the findings, he or she may submit or
make permissible amendments or corrections to their records or statements.

7.3

How does the project notify individuals about the procedures for
correcting information?

In general, this PIA and the CBP website provide notice to individuals related to procedures
for correcting information maintained by CBP. CBP also provides general contact information on
the e-Allegations Portal for general inquiries. Individuals may correct previously submitted
allegations by contacting the EAPA mailbox at [email protected]. However, as a result
of an allegation being made by members of the general public, or the trade community, businesses
(e.g., importers, brokers), individuals alleged of any trade violation may be unaware of their
information being included in an allegation at all, unless they are made aware by being involved
in an active investigation.

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7.4

Privacy Impact Analysis: Related to Redress

Privacy Risk: There is a risk that individuals will have a limited opportunity to access and
correct their data in the system or may not know that they have the ability to access/correct the
information.
Mitigation: This risk is partially mitigated. Redress for trade activities is managed and
outlined in the ACE PIA; however, allegations of potential trade violations may be exempt from
certain provisions of the Privacy Act. Permitting access to the records contained as part of a CBP
trade allegation could inform violators of CBP’s law enforcement techniques or activities. Access
to these records could also permit the violator to impede CBP’s investigation, to tamper with
witnesses or evidence, and to avoid detection, seizure, or apprehension. Amendment of the records
could interfere with ongoing investigations and law enforcement activities and may impose an
impossible administrative burden on law enforcement agencies. The existing redress procedures
are adequate to address the individual’s right to access and correct his or her records and comply
with all legal and policy requirements.

Section 8.0 Auditing and Accountability
8.1

How does the project ensure that the information is used in
accordance with stated practices in this PIA?

CBP must ensure that all allegations are maintained in CARS in their original form and are
available and accurate as originally presented in the e-Allegation system to ensure a proper and
thorough investigation. Therefore, allegations uploaded to the e-Allegations portal are managed
through the Office of Trade standard operating procedures. The CARS staff will provide notice to
the Chief of a CARS allegation when filed. All documents uploaded are monitored by CARS
paralegal staff and managed by the CARS staff, who are responsible for specific cases identified
for additional review/audit.
In addition, the CBP Office of Trade secures information by complying with the
requirements of the DHS Information Technology Security Program Policy. This handbook
establishes a comprehensive program, consistent with federal law and policy, to provide
complete information security, including directives on roles and responsibilities, management
policies, operational policies, and application rules. In order to gain access to Office of Trade
systems and information (including office-specific SharePoint portal sites), a user must not only
have a need-to-know, but must also have successfully undergone a single-scope background
investigation and completed annual privacy training. A supervisor submits the request to the CBP
Office of Information and Technology (OIT) indicating the individual has a need-to-know for
official purposes depending on the user’s role within the system. CBP OIT verifies that the

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necessary background check and privacy training have been completed prior to issuing a new
internal user account. Internal user accounts are reviewed annually to ensure that these standards
are maintained. These rules also require a periodic assessment of technical, administrative,
and managerial controls to enhance data integrity and accountability. System users must sign
statements acknowledging that they have been trained and understand the security aspects of their
systems. Further, CBP and Office of Trade systems have audit logs to track the use of the system
and as well as conducting periodic reviews for abuse.

8.1

Describe what privacy training is provided to users either
generally or specifically relevant to the project.

Initial access to CBP systems and information is not activated for an individual without
completion of the CBP Security and Privacy Awareness course. The course presents Privacy Act
responsibilities and agency policy with regard to the security, sharing, and safeguarding of both
official information and PII. The course also provides information regarding sharing, access, and
other privacy controls. CBP updates this training regularly, and all CBP employees are required to
take the course annually.

8.2

What procedures are in place to determine which users may
access the information and how does the project determine who
has access?

All employees with access to the CBP network may view the CARS SharePoint site only
after: 1) passing a single-scope background investigation, 2) completing annual privacy
recertification courses, 3) being assigned a user profile for the home port area in which they are
stationed, and 4) being assigned duties that give them an official need to access the system. All
background investigation and training records associated with users who have access to CBP and
Office of Trade systems are kept in Cornerstone,20 and routine audits are performed to ensure
individuals are not accessing the information without a need-to-know, which is established when
access is granted to the respective systems for which they must operate, by requiring supervisor
approval.

20

See DHS/CBP/PIA-038 Cornerstone (February 27, 2017), available at
https://www.dhs.gov/publication/dhscbppia-038-cornerstone.

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8.3

How does the project review and approve information sharing
agreements, MOUs, new uses of the information, new access to the
system by organizations within DHS and outside?

All business requirements, Memoranda of Understanding, and Information Sharing
Agreements are reviewed by the respective CBP program manager within the CBP Office of Field
Operations, in consultation with the Office of Information Technology. Agreements involving PII
are also generally approved by the CBP Privacy Officer, the Office of Chief Counsel, and DHS in
accordance with procedures developed by the DHS Information Sharing Governance Board.

Responsible Officials
Deborah Augustin
Executive Director
Trade Remedy and Law Enforcement Division
Office of Trade
U.S. Customs and Border Protection
Debra L. Danisek
Privacy Officer
Privacy and Diversity Office
Office of the Commissioner
U.S. Customs and Border Protection

Approval Signature
[Original signed and on file with the DHS Privacy Office]

Jonathan R. Cantor
Acting Chief Privacy Officer
Department of Homeland Security