From: John Young <jya@pipeline.com>
Date: Fri, 15 Aug 1997 20:04:06 +0800
To: cypherpunks@toad.com
Subject: Export Transactions Espionage
Message-ID: <1.5.4.32.19970815113705.006fa714@pop.pipeline.com>
MIME-Version: 1.0
Content-Type: text/plain



>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.