From the Privacy Act Online via GPO Access [wais.access.gpo.gov] [DOCID:commer-31]
DEPARTMENT OF COMMERCE COMMERCE/ITA-1 System name: Individuals Identified in Export Transactions-- COMMERCE/ITA-1. System location: Office of Export Administration, ITA, U.S. Department of Commerce, 14th St. and Constitution Ave., NW, Washington, DC 20230. Categories of individuals covered by the system: a. Individuals involved in export transactions. Information is maintained on domestic and foreign companies and business officials, and includes U.S. citizens involved with or working for firms abroad. b. Individuals identified in an export administration compliance proceeding or investigation. Individuals alleged to have violated the Export Administration regulations; established violators of the regulations; certain other individuals identified by the FBI or other investigating agency or individual in the investigative process such as those involved in organized crime; and individuals who have received warning letters. Categories of records in the system: Reports and cables from U.S. foreign service posts. Reports from F.B.I., other law enforcement or investigative agencies, investigators, or informants; investigative and intelligence data; documented violations; warning letters. Includes any information on alleged or proven violators of the Export Administration Act. Authority for maintenance of the system: Export Administration Act of 1979 (Pub. L. 96-72, 50 U.S.C. App. et seq.). 5 U.S.C. 301, 28 U.S.C. 533-535, 44 U.S.C. 3101. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: See routine use paragraphs 1-5 and 8-13 of the Prefatory Statement. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper records in file folders. Retrievability: Information filed by case or subject file. All names are cross-referenced by name card file. Safeguards: Records are located in lockable metal file cabinets or in metal file cabinets in secured rooms or secured premises with access limited to those whose official duties require access. Retention and disposal: Retained for a reasonable period of time. Disposition is recorded. System manager(s) and address: Director, Compliance Division, Office of Export Administration, ITA, U.S. Department of Commerce, Washington, DC 20230. Notification procedure: Information may be obtained from: Privacy Officer, Office of Management and Systems, ITA, Room 3102, U.S. Department of Commerce, Washington, DC 20230. Requester should provide name, address, and case or subject, if known, pursuant to the inquiry provisions of the Department's rules which appear in 15 CFR part 4b. Record access procedures: Requests from individuals should be addressed to: Same address as stated in the notification section above. Contesting record procedures: The Department's rules for access, for contesting contents, and appealing intial determinations by the individual concerned appear in 15 CFR part 4b. Use above address. Record source categories: Individual exporters, those authorized by the individual exporters to furnish information, trade sources, investigative agencies, intelligence, investigative and other personnel of the Office of Export Administration, informants, CIA, FBI, Justice Department, Defense Department, Energy Department, and State Department. Systems exempted from certain provisions of the act: Pursuant to 5 U.S.C. 552a(j)(2), all information about an individual in the record which meets the criteria stated in 5 U.S.C. 552a(j)(2) are exempted from the notice, access and contest requirements of the agency regulations and from all parts of 5 U.S.C. 552a except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i), and pursuant to 5 U.S.C. 552a(k)(1) and (k)(2) on condition that the 5 U.S.C. 552a(j)(2) exemption is held to be invalid, all investigatory material in the record which meets the criteria stated in 5 U.S.C. 552a(k)(1) and (k)(2) are exempted from the notice, access, and contest requirements (under 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f)) of the agency regulations because of the necessity to exempt this information and material in order to accomplish this law enforcement function of the agency, to prevent subjects of investigation from frustrating the investigatory process, to prevent the disclosure of investigative techniques, to fulfill commitments made to protect the confidentiality of sources, to maintain access to sources of information, and to avoid endangering these sources and law enforcement personnel. Section 12(c) of the Export Administration Act of 1979 also protects certain of this information and material related to export licenses from disclosure.