[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