DHS Fall Regulatory Agenda for CBP Includes Renewed Proposal for Privacy Act Exemptions for CTPAT Information
The Department of Homeland Security (DHS) published its fall 2018 regulatory agenda for CBP. The agenda includes a new mention of a proposed rulemaking involving Privacy Act exemptions for some information collected through the Customs-Trade Partnership Against Terrorism (CTPAT). "In this proposed rulemaking, the Department proposes 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," CBP said. The agency is aiming to issue the proposal in February, it said.
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CBP previously proposed exempting some CTPAT information from the Privacy Act in 2013 (see 13031225). That proposal prompted some industry concerns (see 13041701) and it never went forward. It's not clear how similar this proposed rulemaking would be to the 2013 proposal. The CTPAT proposal is one of five new items that would implement exemptions to the Privacy Act, though the CTPAT rulemaking is the only one involving trade.
There were no other new listings on the agenda related to trade.
Agenda Highlights
Highlights of DHS's CBP rulemakings that are at the proposed, final or completed stages, are below. New items are marked with an asterisk (*).
| Proposed Rule Stage |
|---|
| Nonimmigrant Classes: Temporary Visitors to the United States for Business or Pleasure |
| Western Hemisphere Travel Initiative (WHTI)-Noncompliant Traveler Fee |
| Modernization of Customs Brokers Regulations |
| Customs Broker Identification of Importers |
| Automation of CBP Form I-418 for Vessels |
| Procedures for Debarring Vessels from Entering U.S. Ports |
| Collection of Biometric Data From U.S. Citizens Upon Entry To and Departure From the United States |
| *Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-022 Electronic Visa Update System (EVUS) |
| *Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-009 Electronic System for Travel Authorization (ESTA) System of Records |
| *Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-002 Global Enrollment System (GES), System of Records |
| *Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-018 Customs-Trade Partnership Against Terrorism (C-TPAT) System of Records |
| *Privacy Act of 1974: Implementation of Exemptions; DHS/CBP- 019 Air and Marine Operations Surveillance System (AMOSS) System of Records |
| Final Rule Stage |
| Centers of Excellence and Expertise |
| Collection of Biometric Data Upon Entry to and Exit From the United States |
| Return to Territory |
| Implementation of the Electronic System for Travel Authorization (ESTA) at U.S. Land Borders -- Automation of CBP Form I-94W |
| Conforming Amendments Regarding the Asia-Pacific Economic Cooperation Business Travel Card Program |
| Technical Corrections Regarding the Consolidation of Vessel Repair Unit Locations |
| *Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP)-024 CBP Intelligence Records System (CIRCS) System of Records |
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