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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules CTPAT Program members in good standing may optionally participate in the CTPAT Trade Compliance program.
Beginning in March 2020, the former Importer-Self Assessment ISA Program was integrated into the CTPAT Program as CTPAT Trade Compliance. DHS/CBP
is updating this SORN to clarify the additional records collected as part of the CTPAT Trade Compliance program, which is limited to existing CTPAT
Program members. To qualify for the CTPAT Trade Compliance program, an importer must submit an additional application via the CTPAT web portal and a be a Member of the CTPAT
Security Program and in good standing, b meet the eligibility criteria laid out in the Eligibility Questions, and c complete a Memorandum of Understanding MOU and Program Questionnaire.
To participate in the CTPAT Program, a company is required to submit a confidential, on-line application using the CTPAT Security Link Portal, https
ctpat.cbp.dhs.gov. The CTPAT Security Link Portal is the public-facing portion of the CTPAT system used by applicants to submit the information in their company and supply chain security profiles.
Additionally, the applicant business must complete a Supply Chain Security Profile SCSP. The information provided in the SCSP is a narrative description of the procedures the applicant business uses to adhere to each CTPAT Security Criteria or Guideline articulated for their particular business type e.g., importer, customs broker, freight forwarder, air, sea, and land carriers, contract logistics providers together with any supporting documentation. Data elements entered by the applicant business are accessible for update or revision through the CTPAT Security Link Portal. An applicants SCSP must provide supply chain security procedures for each business in the applicants supply chain, even if those businesses are not, or do not desire to become, partners of CTPAT separately. This information is focused on the security procedures of those businesses e.g., whether the business conducts background investigations on employees, rather than the individuals related to those businesses e.g., a list of employee names.
A fuller description of this modified SORN can be found herein the Federal Register.
Consistent with DHSs information sharing mission, information stored in the DHS/CBP018 Customs-Trade Partnership Against Terrorism CTPAT
system of records may be shared with
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other DHS Components that have a need to know the information to carry out their national security, law enforcement, immigration, intelligence, or other homeland security functions. In addition, DHS/CBP may share information with appropriate federal, state, local, tribal, territorial, foreign, or international government agencies consistent with the routine uses set forth in this system of records notice.
II. Privacy Act The Privacy Act embodies fair information practice principles in a statutory framework governing the means by which federal government agencies collect, maintain, use, and disseminate 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 from which information is retrieved by the name of the 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. Similarly, the Judicial Redress Act JRA provides a statutory right to covered persons to make requests for access and amendment to covered records, as defined by the JRA, along with judicial review for denials of such requests. In addition, the JRA prohibits disclosures of covered records, except as otherwise permitted by the Privacy Act.
The Privacy Act allows government agencies to exempt certain records from the access and amendment provisions. If an agency claims an exemption, however, it must issue a Notice of Proposed Rulemaking to make clear to the public the reasons why a particular exemption is claimed and provide an opportunity for public comment.
DHS is claiming exemptions from certain requirements of the Privacy Act for the DHS/CBP018 CTPAT System of Records. Some information in the DHS/
CBP018 CTPAT System of Records relates to official DHS national security, law enforcement, and immigration activities. These exemptions are needed to protect information relating to DHS
activities from disclosure to subjects or others related to these activities.
Specifically, the exemptions are required to preclude subjects of these activities from frustrating these processes or to avoid disclosure of activity techniques. Disclosure of information to the subject of the inquiry could also permit the subject to avoid detection or apprehension.
In appropriate circumstances, when compliance would not appear to
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interfere with or adversely affect the law enforcement purposes of this system and the overall law enforcement process, the applicable exemptions may be waived on a case by case basis.
A system of records notice for the DHS/CBP018 CTPAT System of Records is also published in this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the preamble, DHS proposes to amend chapter I of title 6, Code of Federal Regulations, as follows:
PART 5DISCLOSURE OF RECORDS
AND INFORMATION
1. Amend the authority citation for Part 5 to read as follows:

Authority: 6 U.S.C. 101 et seq.; Pub. L.
107296, 116 Stat. 2135; 5 U.S.C. 301.

2. In appendix C to part 5, add paragraph 84 to read as follows:

Appendix C to Part 5DHS Systems of Records Exempt From the Privacy Act

84. The DHS/CBP018 Customs Trade Partnership Against Terrorism CTPAT
System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/CBP018 CTPAT
System of Records is a repository of information held by DHS in connection with its several and varied missions and functions, including, but not limited to, the enforcement of civil and criminal laws;
investigations, inquiries, and proceedings thereunder; and national security activities.
The DHS/CBP018 CTPAT System of Records contains information that is collected by, on behalf of, in support of, or in cooperation with DHS and its components and may contain personally identifiable information collected by other federal, state, local, tribal, foreign, or international government agencies.
No exemption shall be asserted with respect to information requested from and provided by the CTPAT Program applicant including, but not limited to, company profile, supply chain information, and other information provided during the application and validation process. CBP will not assert any exemptions for an individuals application data and final membership determination in response to an access request from that individual. However, the Privacy Act requires DHS to maintain an accounting of the disclosures made pursuant to all routines uses. Disclosing the fact that a law enforcement agency has sought particular records may affect ongoing law enforcement activities. As such, pursuant to 5 U.S.C. 552aj2, DHS will claim exemption from sections c3, e8, and g of the Privacy Act of 1974, as amended, as is necessary and appropriate to protect this information. Further, DHS will claim exemption from section c3 of the Privacy
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