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  • News: DHS Updates Trade Transparency Analysis and Research (TTAR) System of Records

    [Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
    [Notices]
    [Pages 53893-53898]
    From the Federal Register Online via the Government Printing Office [www.gpo.gov]
    [FR Doc No: 2012-21691]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF HOMELAND SECURITY
    
    Office of the Secretary
    
    [Docket No. DHS-2012-0017]
    
    
    Privacy Act of 1974; Department of Homeland Security U.S. 
    Immigration and Customs Enforcement--005 Trade Transparency Analysis 
    and Research (TTAR) System of Records
    
    AGENCY: Privacy Office, DHS.
    
    ACTION: Notice of amendment of Privacy Act system of records.
    
    -----------------------------------------------------------------------
    
    SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
    Homeland Security proposes to amend a current Department of Homeland 
    Security system of records titled, ``Department of Homeland Security/
    Immigration and Customs Enforcement-005 Trade Transparency Analysis and 
    Research (TTAR) System of Records.'' This system of records is being 
    modified to include new categories of individuals, categories of 
    records, and purposes. The system is also being updated to update, 
    consolidate, and clarify the existing routine uses, to reflect a 
    proposed change to the retention period of the system's data, and to 
    update and simplify the description of the record sources. The data in 
    the TTAR system of records is generally maintained in the ICE Data 
    Analysis and Research Trade Transparency System (DARTTS), which is a 
    software application and data repository that conducts analysis of 
    trade and financial data to identify statistically anomalous 
    transactions that may warrant investigation for money laundering or 
    other import-export crimes. Additionally, an update to the Privacy 
    Impact Assessment for DARTTS has been posted on the Department's 
    privacy web site (see www.dhs.gov/privacy). The exemptions for the 
    existing system of records notice will continue to be applicable for 
    this system of records notice. This updated system will be included in 
    the Department of Homeland Security's inventory of record systems.
    
    DATES: Submit comments on or before October 4, 2012. This updated 
    system will be effective October 4, 2012.
    
    ADDRESSES: You may submit comments, identified by docket number DHS-
    2012-0017 by one of the following methods:
         Federal e-Rulemaking Portal: http://www.regulations.gov. 
    Follow the instructions for submitting comments.
         Fax: 202-343-4010.
         Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, 
    Privacy Office, Department of Homeland Security, Washington, DC 20528.
        Instructions: All submissions received must include the agency name 
    and docket number for this rulemaking. All comments received will be 
    posted without change to http://www.regulations.gov, including any 
    personal information provided.
        Docket: For access to the docket to read background documents or 
    comments received go to http://www.regulations.gov.
    
    FOR FURTHER INFORMATION CONTACT: Lyn Rahilly, Privacy Officer, (202-
    732-3300), U.S. Immigration and Customs Enforcement, 500 12th Street 
    SW., Mail Stop 5004, Washington, DC 20536, email: ICEPrivacy@dhs.gov, 
    or Jonathan R. Cantor, Acting Chief Privacy Officer, (202-343-1717), 
    Privacy Office, Department of Homeland Security, Washington, DC 20528.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
    Department of Homeland Security (DHS) U.S. Immigration and Customs 
    Enforcement (ICE) proposes to amend a current DHS system of records 
    titled ``DHS/ICE-005 Trade Transparency Analysis and Research (TTAR) 
    System of Records.'' This system of records is being modified to 
    include new categories of individuals, categories of records, and 
    purposes. The system is also being updated to update, consolidate, and 
    clarify the existing routine uses, to reflect a proposed change to the 
    retention period of the data, and to update and simplify the 
    description of the record sources.
        With the previously-published DARTTS PIA update, ICE is also 
    notifying the public of three other changes to the TTAR SORN's 
    associated IT system, DARTTS. First, ICE is expanding the use of DARTTS 
    within DHS to permit select U.S. Customs and Border Protection (CBP) 
    customs officers and import specialists to access and use the system to 
    conduct trade transparency analysis. These CBP employees use DARTTS in 
    support of the CBP mission to enforce U.S. trade laws and ensure the 
    collection of all
    
    [[Page 53894]]
    
    lawfully owed revenue from trade activities.
        Second, ICE is establishing a separate instance of DARTTS for use 
    by foreign government partners that operate trade transparency units 
    and have customs information sharing agreements with the United States. 
    This new ``Foreign DARTTS'' system is maintained in a secure, web-based 
    environment hosted by ICE. Foreign DARTTS permits authorized foreign 
    partners to use the DARTTS tools to analyze a more limited set of 
    DARTTS data in support of their own trade-based investigations. Third, 
    DARTTS will be modified in the near future to permit authorized ICE and 
    CBP personnel to access DARTTS via mobile devices. The DARTTS PIA 
    update is available at www.dhs.gov/privacy.
        The TTAR system of records and its associated IT system, DARTTS, 
    are owned by ICE Homeland Security Investigations (HSI) and maintained 
    for the purpose of enforcing criminal and civil laws pertaining to 
    trade through trade transparency. Trade transparency is the concept of 
    examining U.S. and foreign trade data to identify anomalies in patterns 
    of trade. Such anomalies can indicate trade-based money laundering or 
    other import-export crimes that HSI is responsible for investigating, 
    such as contraband smuggling, trafficking of counterfeit goods, 
    misclassification of goods, and the over- or under-valuation of goods 
    to hide the proceeds of illegal activities.
        As part of the trade transparency investigative process, DHS law 
    enforcement personnel must understand the relationships between 
    importers and exporters and the financing for a set of trade 
    transactions to determine which transactions are suspicious and warrant 
    investigation. The TTAR system of records supports the operation of 
    DARTTS, which is a software application and data repository that 
    conducts analysis of trade and financial data to identify statistically 
    anomalous transactions that may warrant investigation for money 
    laundering or other import-export crimes. DARTTS is specifically 
    designed to make this investigative process more efficient by 
    automating the analysis and identification of anomalies for the 
    investigator. While DARTTS does increase the efficiency of data 
    analysis, it does not allow DHS law enforcement personnel to obtain any 
    data they could not otherwise access in the course of their law 
    enforcement activities.
        Consistent with DHS's information sharing mission, information 
    stored in the DHS/ICE-005 TTAR System of Records may be shared with 
    other DHS components. In accordance with the routine uses set forth in 
    this system of records notice, this information may also be disclosed 
    externally to federal, state, local, tribal, territorial, foreign, or 
    international government agencies. This sharing will only take place 
    after DHS determines that the receiving component or agency has a need 
    to know the information to carry out national security, law 
    enforcement, immigration, intelligence, or other functions consistent 
    with the aforementioned routine uses.
    
    II. Changes to the System of Records
    
        In this amendment, DHS is expanding the categories of individuals 
    covered by this system of records to include two new categories: 
    Specially Designated Nationals (SDN) as defined by 31 CFR 500.306, and 
    individuals identified in TECS subject records created by ICE and CBP. 
    The SDN List is an economic and trade sanctions program based on U.S. 
    foreign policy and national security goals against targeted foreign 
    countries and regimes, terrorists, international narcotics traffickers, 
    and other threats to the national security, foreign policy or economy 
    of the United States. Including the SDN List in DARTTS allows HSI users 
    to quickly identify international trade and/or financial transactions 
    that are associated with a specially designated individual or entity, 
    which allows HSI to take appropriate investigative actions in a timely 
    and more efficient manner.
        TECS subject records includes violators or suspected violators of 
    laws enforced or administered by ICE and CBP; witnesses associated with 
    ICE and CBP enforcement actions; persons who own or operate businesses, 
    property, vehicles or other property that is in a TECS subject record; 
    and individuals applying for a license issued by DHS or for which DHS 
    conducts a background investigation in support of the licensing agency. 
    Including ICE and CBP subject records in DARTTS allows users to quickly 
    determine when an entity being researched in DARTTS is already part of 
    a pending HSI investigation or was involved in an investigation that is 
    now closed.
        In this amendment, DHS is also including three new categories of 
    records that are covered by this system of records: (1) TECS subject 
    records related to an ICE or CBP law enforcement matter; (2) Customs or 
    Homeland Security licensing information, related to applications by 
    individuals or businesses to hold a specific license issued by DHS or 
    for which DHS conducts a background investigation in support of the 
    licensing agency; and (3) Information obtained from the SDN List 
    maintained by the U.S. Department of the Treasury. DHS is also 
    restructuring the categories of records into related groups instead of 
    simply listing the data elements.
        In this amendment, DHS is modifying and clarifying the system 
    location to make clear that this system of records describes data 
    maintained in DARTTS. DHS is also modifying the authority citations to 
    include additional authorities that support the ICE and CBP mission for 
    which trade transparency analysis is performed. DHS has also added 
    citations to authorities that protect some of the information in 
    DARTTS, such as the Trade Secrets Act and the Bank Secrecy Act.
        In this amendment, DHS is also broadening the purpose section to 
    include the civil enforcement aspects of CBP's mission that the system 
    will now support. DHS is also adding two additional purposes associated 
    with the launch of Foreign DARTTS to describe the reasons the system 
    will be used by foreign government partners. Finally, DHS has added a 
    new purpose that describes the law enforcement, homeland security, and 
    public safety purposes that all ICE law enforcement systems are 
    generally maintained to support.
        In this amendment, DHS is proposing to reword several routine uses 
    to improve their clarity and to reduce redundancy. DHS is also deleting 
    one routine use as it was found to be redundant to other existing 
    routine uses. Finally, DHS is proposing to add the following four 
    routine uses: (1) To permit sharing with courts, magistrates, counsel, 
    parties and witnesses when relevant and necessary to litigation to 
    which DHS is a party or in which it has an interest (Routine Use N); 
    (2) to permit sharing with prospective parties and their counsel in 
    advance of the initiation of formal litigation proceedings for 
    settlement negotiation purposes (Routine Use O); (3) to permit sharing 
    with other domestic or foreign agencies or entities for information or 
    assistance in processing a claim for redress in connection with the 
    operations of a DHS component or program (Routine Use P); and (4) to 
    permit sharing with former employees of DHS when DHS requires 
    information or consultation assistance from them regarding a matter 
    within that person's former area of responsibility (Routine Use Q). The 
    new proposed routine uses are intended to permit information sharing in 
    the event that information covered by this system of records becomes 
    relevant to an actual or potential claim in litigation or other 
    proceedings, to a pending request from
    
    [[Page 53895]]
    
    an individual for redress from DHS, or in the event that a matter 
    arises in which DHS must share information with a former employee to 
    obtain information or consultation assistance from that individual.
        In this amendment, DHS is also notifying the public of its 
    intention to modify the retention period of information maintained in 
    this system of records. Currently, DARTTS data is maintained in 
    production for five years, archived for an additional five years, and 
    then deleted. DHS proposes to maintain the data in production for ten 
    years and then delete the data. The retention period is also proposed 
    to change from five to ten years for the original CD-ROMs, external 
    storage devices, or electronic data transfers containing raw data that 
    is input into DARTTS.
        Finally, in this amendment, DHS is simplifying and updating the 
    description of the record sources for this system of records. The U.S. 
    Department of the Treasury is being added because it is the source for 
    the SDN List.
        The exemptions for the existing system of records notice will 
    continue to be applicable for this system of records notice. This 
    updated system will be included in the Department of Homeland 
    Security's inventory of record systems.
    
    III. Privacy Act
    
        The Privacy Act embodies fair information practice principles in a 
    statutory framework governing the means by which the U.S. Government 
    collects, maintains, uses, and disseminates individuals' records. The 
    Privacy Act applies to information that is maintained in a ``system of 
    records.'' A ``system of records'' is a group of any records under the 
    control of an agency for which information is retrieved by the name of 
    an individual or by some identifying number, symbol, or other 
    identifying particular assigned to the individual. In the Privacy Act, 
    an individual is defined to encompass U.S. citizens and lawful 
    permanent residents. As a matter of policy, DHS extends administrative 
    Privacy Act protections to all individuals where systems of records 
    maintain information on U.S. citizens, lawful permanent residents, and 
    visitors.
        Below is the description of the amended DHS/ICE-005 Trade 
    Transparency Analysis and Research System of Records.
        In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
    this system of records to the Office of Management and Budget and to 
    Congress.
    System of Records
    
    DHS/ICE-005
    
    System name:
        Trade Transparency Analysis and Research (TTAR) System
    
    Security classification:
        Sensitive But Unclassified
    
    System location:
        Records are maintained in the Data Analysis and Research for Trade 
    Transparency System (DARTTS), which is an IT system owned and operated 
    by U.S. Immigration and Customs Enforcement (ICE) and maintained in a 
    Department of Homeland Security (DHS) data center. The DARTTS 
    application is maintained on the ICE Network and also at ICE 
    Attach[eacute] Offices abroad.
    
    Categories of individuals covered by the system:
        Categories of individuals covered by this system include:
        (1) Individuals who, as importers, exporters, shippers, 
    transporters, brokers, owners, purchasers, consignees, or agents 
    thereof, participate in the import or export of goods to or from the 
    United States or to or from nations with which the United States has 
    entered an agreement to share trade information;
        (2) Individuals who participate in financial transactions that are 
    reported to the U.S. Treasury Department under the Bank Secrecy Act or 
    other U.S. financial crimes laws and regulations (e.g., individuals who 
    participate in cash transactions exceeding $10,000; individuals who 
    participate in a reportable suspicious financial transaction);
        (3) Specially Designated Nationals as defined by 31 CFR Sec.  
    500.306; and
        (4) Individuals identified in TECS subject records created by ICE 
    and U.S. Customs and Border Protection (CBP), including violators or 
    suspected violators of laws enforced or administered by ICE and CBP; 
    witnesses associated with ICE and CBP enforcement actions; persons who 
    own or operate businesses, property, vehicles or other property that is 
    in a TECS subject record; and individuals applying for a license issued 
    by DHS or for which DHS conducts a background investigation in support 
    of the licensing agency.
    
    Categories of records in the system:
        Categories of records in this system include:
        (1) Biographic and other identifying information about individuals, 
    including names; dates of birth; Social Security/tax identification 
    numbers; passport information (number and country of issuance); 
    citizenship; location and contact information (such as home, business, 
    and email addresses and telephone numbers); and other identification 
    numbers (e.g., Alien Registration Number, driver's license number, 
    etc.).
        (2) Customs, trade, and financial data associated with an 
    individual, including trade identifier numbers (e.g., Importer ID, 
    Exporter ID, Manufacturer ID); account numbers (e.g., bank account, 
    electronic fund transfer number); description and/or value of trade 
    goods; country of origin/export; description and/or value of financial 
    transactions; vehicle, vessel and/or aircraft information; and other 
    business information.
        (3) TECS subject records related to an ICE or CBP law enforcement 
    matter.
        (4) Customs or Homeland Security licensing information, related to 
    applications by individuals or businesses to hold or retain a Customs 
    broker's license, or operate a Customs-bonded warehouse, or be a bonded 
    carrier or bonded cartman.
        (5) Information obtained from the Specially Designated Nationals 
    List maintained by the U.S. Department of the Treasury, including 
    individual's name, aliases, address, date of birth, place of birth, 
    citizenship, nationality, passport information, and program under which 
    designation was made.
    
    Authority for maintenance of the system:
        The Tariff Act of 1930, as amended, 19 U.S.C. Chapter 4; 18 U.S.C. 
    545 (Smuggling goods into the United States); 18 U.S.C. 1956 
    (Laundering of Monetary Instruments); 19 U.S.C. 1484 (Entry of 
    Merchandise); 18 U.S.C. 544 (Smuggling goods out of the United States); 
    18 U.S.C. 371 (Conspiracy); and 50 U.S.C. 1701-1706 (International 
    Emergency Economic Powers Act); 19 U.S.C. 2071 note (Cargo 
    Information). Certain information in this system of records is also 
    regulated under 18 U.S.C. 1905 (Trade Secrets Act) and 31 U.S.C. 5311-
    5330 (Bank Secrecy Act).
    
    Purpose(s):
        The purpose of this system is to support:
        (1) The enforcement of criminal and civil laws pertaining to trade, 
    financial crimes, smuggling, and fraud, and the collection of all 
    lawfully owned revenue from trade activities, specifically through the 
    analysis of raw financial and trade data in order to identify potential 
    violations of U.S. criminal and civil laws pertaining to trade, 
    financial activities, smuggling, and fraud;
    
    [[Page 53896]]
    
        (2) Existing criminal law enforcement investigations into related 
    criminal activities and civil enforcement actions to recover revenue 
    and assess fines and penalties;
        (3) The sharing of raw trade data and analytical capabilities with 
    foreign government partners to further those governments' abilities to 
    identify, disrupt, and prosecute criminal and civil violations of laws 
    pertaining to trade, financial activities, smuggling, and fraud;
        (4) The cooperation and collaboration between the United States and 
    foreign government partners on investigations into transnational 
    activities that violate criminal and civil laws pertaining to trade, 
    financial activities, smuggling, and fraud; and
        (5) The identification of potential criminal activity, immigration 
    violations, and threats to homeland security: to uphold and enforce the 
    law; and to ensure public safety.
    
    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. 
    Sec.  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. Sec.  552a(b)(3) as follows:
        A. To the Department of Justice (DOJ) (including United States 
    Attorneys' Offices) or other federal agency conducting litigation or in 
    proceedings before any court, adjudicative or administrative body, when 
    it is necessary to the litigation and one of the following is a party 
    to the litigation or has an interest in such litigation:
        (1) DHS or any component thereof;
        (2) Any employee of DHS in his/her official capacity;
        (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.
        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 (NARA) or 
    other federal government agencies pursuant to records management 
    inspections being conducted under the authority of 44 U.S.C. Sec. Sec.  
    2904 and 2906.
        D. To an agency, organization, or individual for the purpose of 
    performing audit or oversight operations as authorized by law, but only 
    such information as is necessary and relevant to such audit or 
    oversight function.
        E. To agencies, entities, and persons when:
        (1) DHS suspects or has confirmed that the security or 
    confidentiality of information in the system of records has been 
    compromised;
        (2) DHS has determined that as a result of the suspected or 
    confirmed compromise there is a risk of: Identity theft or fraud, harm 
    to the economic or property interests, harm to an individual, or harm 
    to the security or integrity of this system or other systems or 
    programs (whether maintained by DHS or another agency or entity) that 
    rely upon the compromised information; and
        (3) The disclosure made to such agencies, entities, and persons is 
    reasonably necessary to assist in connection with DHS's efforts to 
    respond to the suspected or confirmed compromise and prevent, minimize, 
    or remedy such harm.
        F. To contractors and their agents, grantees, experts, consultants, 
    interns, trainees, students, and others performing or working on a 
    contract, service, grant, cooperative agreement, or other assignment 
    for DHS, when necessary to accomplish an agency function related to 
    this system of records. Individuals provided information under this 
    routine use are subject to the same Privacy Act requirements and 
    limitations on disclosure as are applicable to DHS officers and 
    employees.
        G. To federal, state, local, tribal, territorial, or foreign 
    government agencies, as well as to other individuals and organizations 
    during the course of an investigation by DHS or the processing of a 
    matter under DHS's jurisdiction, or during a proceeding within the 
    purview of the immigration and nationality laws, when DHS deems that 
    such disclosure is necessary to carry out its functions and statutory 
    mandates or to elicit information required by DHS to carry out its 
    functions and statutory mandates.
        H. To federal, state, local, tribal, territorial, or foreign 
    government 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 where DHS determines that the information would assist in the 
    enforcement of civil, criminal, or regulatory laws.
        I. To federal, state, local, tribal, or territorial government 
    agencies, or other entities or individuals, or through established 
    liaison channels to selected foreign governments, in order to provide 
    intelligence, counterintelligence, or other information for the 
    purposes of national security, intelligence, counterintelligence, or 
    antiterrorism activities authorized by U.S. law, Executive Order, or 
    other applicable national security directive.
        J. To federal, state, local, tribal, territorial, or foreign 
    government agencies or organizations, or international organizations, 
    lawfully engaged in collecting law enforcement intelligence, whether 
    civil or criminal, to enable these entities to carry out their law 
    enforcement responsibilities, including the collection of law 
    enforcement intelligence.
        K. To international, foreign, intergovernmental, and multinational 
    government agencies, authorities, and organizations in accordance with 
    law and formal or informal international arrangements.
        L. To federal and foreign government intelligence or 
    counterterrorism agencies or components where DHS becomes aware of an 
    indication of a threat or potential threat to national or international 
    security, or where such disclosure is to support the conduct of 
    national intelligence and security investigations or assist in 
    antiterrorism efforts.
        M. To federal, state, local, tribal, territorial, international, or 
    foreign government agencies or multinational governmental organizations 
    where DHS desires to exchange relevant data for the purpose of 
    developing, testing, or implementing new software or technology whose 
    purpose is related to the purpose of this system of records.
        N. To courts, magistrates, administrative tribunals, opposing 
    counsel, parties, and witnesses, in the course of immigration, civil, 
    or criminal proceedings (including discovery, presentation of evidence, 
    and settlement negotiations) before a court or adjudicative body when 
    any of the following is a party to or have an interest in the 
    litigation:
        (1) DHS or any component thereof;
        (2) Any employee of DHS in his/her official capacity;
        (3) Any employee of DHS in his/her individual capacity where the 
    government has agreed to represent the employee; or
        (4) The United States, where DHS determines that litigation is 
    likely to affect DHS or any of its components;
        and when DHS determines that use of such records is relevant and 
    necessary to the litigation and is compatible with
    
    [[Page 53897]]
    
    the purposes for which the records were collected.
        O. To prospective claimants and their attorneys for the purpose of 
    negotiating the settlement of an actual or prospective claim against 
    DHS or its current or former employees, in advance of the initiation of 
    formal litigation or proceedings.
        P. To federal, state, local, tribal, territorial, international, or 
    foreign government agencies or entities for the purpose of consulting 
    with those agencies or entities:
        (1) To assist in making a determination regarding redress for an 
    individual in connection with the operations of a DHS component or 
    program;
        (2) To verify the identity of an individual seeking redress in 
    connection with the operations of a DHS component or program; or
        to verify the accuracy of information submitted by an individual 
    who has requested redress on behalf of another individual.
        Q. To a former employee of DHS for the purpose of responding to an 
    official inquiry by federal, state, local, tribal, or territorial 
    government agencies or professional licensing authorities; or 
    facilitating communications with a former employee that may be 
    necessary for personnel-related matters or other official purposes 
    where DHS requires information or consultation assistance from the 
    former employee regarding a matter within that person's former area of 
    responsibility.
        R. To the news media and the public, with the approval of the Chief 
    Privacy Officer in consultation with counsel, when there exists a 
    legitimate public interest in the disclosure of the information or when 
    disclosure is necessary to preserve confidence in the integrity of DHS 
    or is necessary to demonstrate the accountability of DHS's officers, 
    employees, or individuals covered by the system, except to the extent 
    it is determined that release of the specific information in the 
    context of a particular case would constitute an unwarranted invasion 
    of personal privacy.
    
    Disclosure to consumer reporting agencies:
        None.
    
    Policies and practices for storing, retrieving, accessing, retaining, 
    and disposing of records in the system:
    Storage:
        Records in this system are stored electronically or on paper in 
    secure facilities in a locked drawer behind a locked door. The records 
    are stored on magnetic disc, tape, digital media, and CD-ROM.
    
    Retrievability:
        Records may be retrieved by any of the personal identifiers stored 
    in the system including name, business address, home address, importer 
    ID, exporter ID, broker ID, manufacturer ID, Social Security number, 
    trade and tax identifying numbers, passport number, or account number. 
    Records may also be retrieved by non-personal information such as 
    transaction date, entity/institution name, description of goods, value 
    of transactions, and other information.
    
    Safeguards:
        Records in this system are safeguarded in accordance with 
    applicable 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 know the 
    information for the performance of their official duties and who have 
    appropriate clearances or permissions.
    
    Retention and disposal:
        ICE is in the process of modifying the records schedule for the 
    information maintained in this system of records. Currently the data is 
    maintained in the DARTTS system for five years, archived for an 
    additional five years and then deleted. ICE is now proposing to 
    maintain the data in DARTTS for ten years and then delete the data. The 
    original CD-ROMs, external storage devices or electronic data transfers 
    containing raw data that is uploaded into DARTTS would also be retained 
    for ten years to ensure data integrity and for system maintenance 
    purposes.
    
    System Manager and address:
        Unit Chief, Trade Transparency Unit, ICE Homeland Security 
    Investigations, 500 12th Street SW., Mail Stop 5103, Washington, DC 
    20536.
    
    Notification procedure:
        The Secretary of Homeland Security has exempted this system from 
    notification, access, and amendment because of the law enforcement 
    nature of the information. These exemptions also apply to the extent 
    that information in this system of records is recompiled or is created 
    from information contained in other systems of records. To the extent 
    that a record is exempted in a source system, the exemption will 
    continue to apply. However, ICE will review requests on a case by case 
    to determine if release of the information is appropriate. After 
    conferring with the appropriate component or agency, as applicable, DHS 
    may waive applicable exemptions in appropriate circumstances and where 
    it would not appear to interfere with or adversely affect the law 
    enforcement purposes of the systems from which the information is 
    recompiled or in which it is contained. Additionally, ICE and DHS are 
    not exempting any records that were ingested or indexed by TTAR where 
    the source system of records already provides access and/or amendment 
    under the Privacy Act. Individuals seeking notification of and access 
    to any record contained in this system of records, or seeking to 
    contest its content, may submit a request in writing to the ICE Freedom 
    of Information Act Officer whose contact information can be found at 
    
    http://www.dhs.gov/foia under ``contacts.'' If an individual believes 
    more than one component maintains Privacy Act records concerning him or 
    her the individual may submit the request to the Chief Privacy Officer 
    and Chief Freedom of Information Act Officer, Department of Homeland 
    Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC 
    20528.
        When seeking records about yourself from this system of records or 
    any other Departmental system of records 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 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. Sec.  1746, a law that permits statements to be made under 
    penalty of perjury as a substitute for notarization. While no specific 
    form is required, you may obtain forms for this purpose from the Chief 
    Privacy Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486. In addition you should provide the 
    following:
         An explanation of why you believe the Department would 
    have information on you;
         Identify which component(s) of the Department you believe 
    may have the information about you;
         Specify when you believe the records would have been 
    created;
         Provide any other information that will help the FOIA 
    staff determine which DHS component agency may have responsive records; 
    and
         If your request is seeking records pertaining to another 
    living individual,
    
    [[Page 53898]]
    
    you must include a statement from that individual certifying his/her 
    agreement for you to access his/her records.
        Without this bulleted information the component(s) may not be able 
    to conduct an effective search, and your request may be denied due to 
    lack of specificity or lack of compliance with applicable regulations.
    
    Record access procedures:
        See ``Notification procedure'' above.
    
    Contesting record procedures:
        See ``Notification procedure'' above.
    
    Record source categories:
        Records are obtained from U.S. Customs and Border Protection (CBP), 
    U.S. Department of Commerce, U.S. Department of the Treasury, and 
    foreign countries pursuant to international agreements or arrangements.
    
    Exemptions claimed for the system:
        The Secretary of Homeland Security has exempted portions of this 
    system. Pursuant to 5 U.S.C. 552a(j)(2) of the Privacy Act, portions of 
    this system are exempt from 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), 
    (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); (f); and (g). 
    Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from the 
    following provisions of the Privacy Act, subject to the limitations set 
    forth in those subsections: 5 U.S.C. 552a(c)(3), (d), (e)(1), 
    (e)(4)(G), (e)(4)(H), and (f).
    
        Dated: August 16. 2012.
    Jonathan R. Cantor,
    Acting Chief Privacy Officer, Department of Homeland Security.
    [FR Doc. 2012-21691 Filed 8-31-12; 8:45 am]
    BILLING CODE 9111-28-P
    
    
    
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