[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Notices]
[Pages 9531-9532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3719]


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FEDERAL TRADE COMMISSION


Transfer of Delegations of Authority To Disclose Certain 
Nonpublic Information to Foreign Law Enforcement Agencies and To Sign 
Confidentiality Agreements With Certain Foreign Agencies

AGENCY: Federal Trade Commission.

ACTION: Transfer of delegation of authority.

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SUMMARY: The Commission has delegated authority to share information 
with certain law enforcement agencies in Canada, Australia, the United 
Kingdom, Ireland, Mexico, Costa Rica, and Spain to the Director of the 
Bureau of Consumer Protection. The Commission has also delegated to the 
Director of International Affairs authority to execute confidentiality 
agreements with certain foreign agencies, as a condition of their being 
granted access to nonpublic databases. These delegations include 
authority previously delegated to the Associate Director for 
International Consumer Protection.

EFFECTIVE DATE: February 26, 2007.

FOR FURTHER INFORMATION CONTACT: Lisa M. Harrison, Attorney, Office of 
the General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue, 
NW., Washington, DC 20580, (202) 326-3204, [email protected], or 
Michael L. Shore, Attorney, Office of International Affairs, Federal 
Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580, 
(202) 326-2708, [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given, pursuant to 
Reorganization Plan No. 4 of 1961, 26 FR 6191, that the Commission has 
transferred from the Associate Director for International Consumer 
Protection to the Director of the Bureau of Consumer Protection (BCP 
Director) its prior delegations of authority to: (1) Disclose to 
Canadian law enforcement agencies, information regarding consumer 
protection investigations involving Canadian businesses or consumers 
(67 FR 45738-01 (July 10, 2002)); (2) disclose to the Australian 
Competition and Consumer Commission, information regarding consumer 
protection investigations involving Australian businesses or consumers 
(67 FR 45738-01 (July 10, 2002)); (3) disclose to Australian law 
enforcement agencies, information contained in the Consumer Sentinel 
database of consumer complaints and law enforcement information (67 FR 
45738-01 (July 10, 2002)); (4) disclose to the United Kingdom Office of 
Fair Trading and the United Kingdom Directorate for Trade and Industry, 
information regarding consumer protection investigations involving U.K. 
businesses or consumers (67 FR 45738-01 (July 10, 2002)); (5) disclose 
to Ireland's Office of the Director of Consumer Affairs, information 
regarding consumer protection investigations involving Ireland (68 FR 
60107-01 (Oct. 21, 2003)); (6) disclose to Mexico's Procuradur[iacute]a 
Federal del Consumidor, information regarding consumer protection 
matters involving Mexico (70 FR 6442-01 (Feb. 7, 2005)); (7) disclose 
to Costa Rica's Ministry of Economy, Industry, and Commerce, 
information regarding consumer protection matters involving Costa Rica 
(71 FR 14895-01 (Mar. 24, 2006)); (8) disclose to the United Kingdom's 
Office of Fair Trading, the United Kingdom's Information Commissioner, 
Her Majesty's Secretary of State for Trade and Industry in the United 
Kingdom, the Australian Competition and Consumer Commission, and the 
Australian Communications Authority, information regarding commercial 
e-mail investigations that involve consumers, businesses, commerce or 
markets in the United Kingdom or Australia (69 FR 44008-01 (July 23, 
2004)); and (9) disclose to Spain's Agencia Espanola de Proteccion de 
Datos, information regarding commercial e-mail investigations that 
involve consumers, businesses, commerce or markets in Spain (70 FR 
12487-03 (Mar. 14, 2005)). The BCP Director's authority may be 
redelegated.
    This delegated authority does not apply to competition-related 
investigations. This delegated authority includes the authority to 
respond to disclosure and other requests within the ambit of any 
memorandum of understanding or agreement concerning consumer protection 
cooperation between the Commission and an agency listed or described in 
this notice or within the ambit of any agreement concerning consumer 
protection cooperation between the United States and any country listed 
in this notice. For this delegated authority, ``consumer protection 
investigations involving businesses or consumers'' of a country, 
``consumer protection investigations involving'' a country and 
``consumer protection matters involving'' a country shall include any 
consumer protection investigation or matter involving that country or 
with a nexus to any person, entity, commerce, or market in that 
country. The phrase ``commercial e-mail investigations that involve 
consumers, businesses, commerce or markets in'' a country shall include 
any commercial e-mail investigation or matter involving that country or 
with a nexus to any person, entity, commerce, or market in that 
country.
    When exercising its delegated authority, the BCP Director will 
require assurances of confidentiality from the relevant foreign law 
enforcement agency. Disclosures shall be made only to the extent 
consistent with limitations on disclosure including, where applicable, 
sections 6(f) and 21 of the FTC Act, 15 U.S.C. 46(f) and 57b-2 (as 
amended by sections 4(a) and 6(a) of the U.S. SAFE WEB Act of 2006, 
Public Law 109-455, 120 Stat. 3372, 3372-73 and 3376-77), Commission 
Rule 4.10(d), 16 CFR 4.10(d), and with the Commission's enforcement 
policies and other

[[Page 9532]]

important interests. Where the subject matter of the information to be 
shared raises significant policy concerns, the BCP Director shall 
notify the Commission before disclosing such information. In addition, 
the Commission has transferred from the Associate Director for 
International Consumer Protection to the Director of the Office of 
International Affairs (OIA Director) its prior delegations of authority 
to execute econsumer.gov confidentiality agreements with consumer 
protection authorities from current or future International Consumer 
Protection and Enforcement Network (ICPEN) member countries, and to 
execute Consumer Sentinel confidentiality agreements with any foreign 
law enforcement agency whose access has been authorized or is 
authorized in the future by the Commission or by the Commission's 
delegate, including without limitation Canadian and Australian law 
enforcement agencies (67 FR 45738-01 (July 10, 2002)). When exercising 
its delegated authority, the OIA Director will require assurances of 
confidentiality from the relevant foreign law enforcement agency. The 
OIA Director's authority under these delegations may be redelegated.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E7-3719 Filed 3-1-07; 8:45 am]
BILLING CODE 6750-01-P