[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Pages 53893-53898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21691]


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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.

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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: [email protected], 
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