[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Notices]
[Pages 66232-66234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31870]
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DEPARTMENT OF THE TREASURY
Customs Service
Privacy Act of 1974; System of Records
AGENCY: Customs Service, Treasury.
ACTION: Notice of proposed new Privacy Act system of records.
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SUMMARY: The Treasury Department, Customs Service, gives notice of a
proposed new system of records which is subject to the Privacy Act of
1974, as amended, (5 U.S.C. 552a).
DATES: Comments must be received no later than December 31, 1998. This
new system of records will be effective January 11, 1999, unless
comments are received which result in a contrary determination.
ADDRESSES: Comments (preferably in triplicate) may be submitted to the
Office of Regulations and Rulings, Disclosure Law Branch, U.S. Customs
[[Page 66233]]
Service, 1300 Pennsylvania Ave. NW., Washington, DC 20229. Comments
will be available for inspection and copying at the Disclosure Law
Branch, 1300 Pennsylvania Avenue, NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Assistant Commissioner, Office of
Information and Technology, U.S. Customs Service, (202) 927-0800.
SUPPLEMENTARY INFORMATION: The Office of Information and Technology is
redesigning their non-integrated tracking systems: The Seized Currency
Tracking System, Seized Property Management System, Seized Property
Tracking System, and the Automated Commercial System Module for Fines,
Penalties and Forfeitures to be replaced by the Seized Asset and Case
Tracking System (SEACATS). The purpose of the newly proposed system of
records is to provide Customs and the Treasury Forfeiture Fund with a
comprehensive system for tracking seized and forfeited property,
penalties, and liquidated damages from case initiation to final
resolution.
The Seized Asset and Case Tracking System (SEACATS), as a
computerized database, has terminals located at Customs Management
Centers and ports of entry located throughout the United States, at
U.S. Secret Service, Bureau of Alcohol, Tobacco and Firearms, Internal
Revenue Service, Executive Office of Asset Forfeiture and the field and
headquarters offices of the contractor custodian of all seized
property. The system will permit the retrieval of information related
to internal review and consideration of request for relief related to
property that was seized by components of the Department of the
Treasury and the names and other identifying information for persons
and businesses who purchase forfeited property from the government.
Exemption from provisions of the Privacy Act is claimed in a
separate document. The system notice is published in its entirety
below.
Dated: November 19, 1998.
Shelia Y. McCann,
Deputy Assistant Secretary (Administration).
Treasury/Customs .213
SYSTEM NAME:
Seized Asset and Case Tracking System (SEACATS).
SYSTEM LOCATION:
Office of Information and Technology, U.S. Customs Service, 1300
Pennsylvania Ave. NW., Washington, DC 20229.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1) Owners, claimants, and other interested parties to seized
property; (2) those who have been administratively or criminally
charged with violations of Customs laws and regulations, and other laws
and regulations enforced by the Customs Service, U.S. Secret Service,
Bureau of Alcohol, Tobacco and Firearms, and the Internal Revenue
Service; (3) purchasers of forfeited property.
CATEGORIES OF RECORDS IN THE SYSTEM:
Includes records containing information related to property that
was forfeited or seized by the U.S. Customs Service, the U.S. Secret
Service, the Bureau of Alcohol, Tobacco and Firearms, such as: (1)
Individual and business names, (2) phone numbers, (3) identifying
numbers, (4) dates, (5) types of violations, (6) parties entitled to
legal notice, (7) parties who are legally liable, (8) case information
pertaining to violation, (9) bond information, (10) entry
documentation, (11) petitions and supplemental petitions, (12) reports
of investigation concerning the fine, penalty or forfeiture, (13)
information related to internal review and consideration of request for
relief, (14) offer information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; Treasury Department Order No. 165, Revised, as
amended. 19 U.S.C. 66, 1618, 1624; 19 CFR parts 171 and 172.
PURPOSE(s):
The purpose is to provide Customs and the Treasury Executive Office
of Asset Forfeiture with a comprehensive system for tracking seized and
forfeited property, penalties, and liquidated damages from case
initiation to final resolution.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in the records may be used to: (1)
Disclose pertinent information to appropriate Federal, State, local or
foreign agencies responsible for investigating or prosecuting the
violations of, or for enforcing or implementing, a statute, rule,
regulation, order, or license, where the disclosing agency becomes
aware of an indication of a violation or potential violation of civil
or criminal law or regulation;
(2) Disclose information to a court, magistrate, or administrative
tribunal in the course of presenting evidence, including disclosure to
opposing counsel or witnesses in the course of civil discovery,
litigation or settlement negotiations, or in response to a subpoena, in
connection with criminal law proceedings;
(3) Disclose information to a Federal, State, or local agency,
maintaining civil, criminal or other relevant enforcement information
or other pertinent information, which has requested information
relevant to or necessary to the requesting agency's or bureau's hiring
or retention of an individual, or issuance of a security clearance,
license, contract, grant, or other benefit;
(4) Provide information to third parties during the course of an
investigation to the extent necessary to obtain information pertinent
to the investigation;
(5) Provide information to the news media in accordance with
guidelines contained in 28 CFR 50.2 which relates to an agency's
functions relating to civil and criminal proceedings.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Magnetic media.
RETRIEVABILITY:
By identification codes, name, phone number, identifying number,
and date and type of violation.
SAFEGUARDS:
Access to the computer area is controlled by a security pass
arrangement and personnel not connected with the operation of the
computer are prohibited from entering. At ports of processing, terminal
rooms are under close supervision during working hours and locked after
the close of business. Users gain access to the system by unique
identification code and password. Access is on a need-to-know basis
only. Passwords are changed frequently to enhance security.
RETENTION AND DISPOSAL:
Files are periodically updated to reflect changes and are disposed
of in accordance with the requirements of the National Archives and
Records Administration's record retention schedule.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Commissioner, Office of Information and Technology, U.S.
Customs Service, 1300 Pennsylvania Ave. NW., Washington, DC 20229.
NOTIFICATION PROCEDURE:
This system of records may not be accessed for purposes of
determining if the system contains a record pertaining
[[Page 66234]]
to a particular individual. (See 5 U.S.C. 552a (e)(4)(G) and (f)(1).)
RECORD ACCESS PROCEDURES:
This system of records may not be accessed under the Privacy Act
for the purpose of inspection.
CONTESTING RECORD PROCEDURES:
Since this system of records may not be accessed for purposes of
determining if the system contains a record pertaining to a particular
individual and those records, if any, cannot be inspected, the system
may not be accessed under the Privacy Act for the purpose of contesting
the content of the record.
RECORD SOURCE CATEGORIES:
This system of records is exempt from the Privacy Act provision
which requires that record source categories be reported. (See
``Exemptions Claimed for the System,'' below.)
EXEMPTIONS CLAIMED FOR THE SYSTEM:
This system is exempt from 5 U.S.C. 552a (c)(3), (c)(4), (d)(1),
(d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4) (G), (H) and
(I), (e)(5) and (8), (f) and (g) of the Privacy Act pursuant to 5
U.S.C. 552a (j)(2) and (k)(2).
[FR Doc. 98-31870 Filed 11-30-98; 8:45 am]
BILLING CODE 4820-02-P
