Rule2023-00580
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Customs and Border Protection-020 Export Information System System of Records
Primary source
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Published
January 18, 2023
Effective
January 18, 2023
Issuing agencies
Homeland Security Department
Abstract
The U.S. Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled "DHS/CBP-020 Export Information System (EIS) System of Records" from certain provisions of the Privacy Act. Specifically, the Department exempts portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Full Text
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<title>Federal Register, Volume 88 Issue 11 (Wednesday, January 18, 2023)</title>
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[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Page 2797]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00580]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 /
Rules and Regulations
[[Page 2797]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. USCBP-2022-0039]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Customs and Border Protection-020 Export
Information System System of Records
AGENCY: U.S. Customs and Border Protection, U.S. Department of Homeland
Security.
ACTION: Final rule.
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SUMMARY: The U.S. Department of Homeland Security (DHS), U.S. Customs
and Border Protection (CBP), is issuing a final rule to amend its
regulations to exempt portions of a newly established system of records
titled ``DHS/CBP-020 Export Information System (EIS) System of
Records'' from certain provisions of the Privacy Act. Specifically, the
Department exempts portions of this system of records from one or more
provisions of the Privacy Act because of criminal, civil, and
administrative enforcement requirements.
DATES: This final rule is effective January 18, 2023.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Debra Danisek, <a href="/cdn-cgi/l/email-protection#afffddc6d9ceccd681ecedffefcccddf81cbc7dc81c8c0d9"><span class="__cf_email__" data-cfemail="4313312a3522203a6d000113032021336d272b306d242c35">[email protected]</span></a>, (202) 344-1610, CBP Privacy
Officer, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue
NW, Washington, DC 20229. For privacy issues please contact: Lynn
Parker Dupree, (202) 343-1717, Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Department of Homeland Security (DHS), Customs and Border
Protection (CBP), published a notice of proposed rulemaking in the
Federal Register, 80 FR 53019, September 2, 2015, proposing to exempt
portions of the system of records from one or more provisions of the
Privacy Act because of criminal, civil, and administrative enforcement
requirements. DHS issued the new ``DHS/CBP-020 Export Information
System (EIS) System of Records'' in the Federal Register, 80 FR 53181,
September 2, 2015, to provide notice of the records maintained by CBP
concerning individuals who participate in exporting goods from the
United States.
DHS/CBP invited comments on both the notice of proposed rulemaking
(NPRM) and System of Records Notice (SORN).
II. Public Comments
DHS received one non-substantive comment on the NPRM and one non-
substantive comment on the SORN. After consideration of the public
comments, the Department will implement the rulemaking as proposed.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS amends chapter I of
title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
0
1. The authority citation for part 5 continues to read as follows:
Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 5 U.S.C. 301; 6 U.S.C. 142; DHS Del. No. 13001, Rev. 01 (June
2, 2020).
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a and 552 note.
0
2. In appendix C to part 5, add reserved paragraph 88 and paragraph 89
to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
88. [Reserved]
89. The DHS/U.S. Customs and Border Protection (CBP)-020 Export
Information System (EIS) System of Records consists of electronic
and paper records and will be used by DHS and its components. CBP
uses EIS to collect and process information to comply with export
laws and facilitate legitimate international trade. CBP is charged
with enforcing all U.S. export laws at the border and the exporting
community is required to report export data to CBP that contains
personally identifiable information (PII).
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(j)(2), has exempted this system from the following provisions
of the Privacy Act: 552a(c)(3); (e)(8); and (g)(1). Additionally,
the Secretary of Homeland Security pursuant to 5 U.S.C. 552a(k)(2)
has exempted records created during the background check and vetting
process from the following provision of the Privacy Act, 5 U.S.C.
552a(c)(3).
Further, no exemption shall be asserted with respect to
information maintained in the system as it relates to data submitted
by or on behalf of a person who travels from the United States and
crosses the border, nor shall an exemption be asserted with respect
to the resulting determination (approval or denial). After
conferring with the appropriate component or agency, 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. Exemptions from these
particular subsections are justified, on a case-by-case basis to be
determined at the time a request is made, when information in this
system of records may impede a law enforcement, intelligence-
related, or national security investigation:
(a) From subsection (c)(3) (Accounting for Disclosures) because
making available to a record subject the accounting of disclosures
from records concerning him or her would specifically reveal any
investigative interest in the individual. Revealing this information
could reasonably be expected to compromise ongoing efforts to
investigate a violation of U.S. law, including investigations of a
known or suspected terrorist, by notifying the record subject that
he or she is under investigation. This information could also permit
the record subject to take measures to impede the investigation
(e.g., destroy evidence), intimidate potential witnesses, or flee
the area to avoid or impede the investigation.
(b) From subsection (e)(8) (Notice on Individuals) because to
require individual notice of disclosure of information due to
compulsory legal process would pose an impossible administrative
burden on DHS and other agencies and could alert the subjects of
counterterrorism or law enforcement investigations to the fact of
those investigations when not previously known.
(c) From subsection (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.
Lynn P. Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2023-00580 Filed 1-17-23; 8:45 am]
BILLING CODE 9111-14-P
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