[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Rules and Regulations]
[Pages 41885-41886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17382]
=======================================================================
-----------------------------------------------------------------------
EXPORT-IMPORT BANK OF THE UNITED STATES
12 CFR Part 404
[EXIM-OIG-2012-0010]
RIN 3048-AA02
Privacy Act of 1974: Implementation of Exemptions; Export-Import
Bank of the United States Office of Inspector General--EIB-35--Office
of Inspector General Investigative Records
AGENCY: Office of the Inspector General, Export-Import Bank of the
United States.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Export-Import Bank of the United States (hereafter known
as ``Ex-Im Bank'') is issuing a final rule to exempt portions of a
system of records entitled ``EIB-35--Office of Inspector General
Investigative Records'' from one or more provisions of the Privacy Act
because of criminal, civil, and administrative enforcement
requirements.
DATES: The final rule is effective August 16, 2012.
FOR FURTHER INFORMATION CONTACT: Osvaldo Gratacos, Ex-Im Bank, Office
of Inspector General, 811 Vermont Avenue NW., Rm. 976, Washington, DC
20571 or by telephone (202) 565-3908 or facsimile (202) 565-3988.
SUPPLEMENTARY INFORMATION:
Background
The Ex-Im Bank published a notice of proposed rulemaking in the
Federal Register, 77 FR 27140 (May 9, 2012), proposing to exempt
portions of a system of records entitled ``EIB-35--Office of Inspector
General Investigative Records'' and held by the Ex-Im Bank Office of
Inspector General (OIG), from one or more provisions of the Privacy Act
of 1974, 5 U.S.C. 552a. The exemptions are necessary in order for Ex-Im
Bank OIG to carry out its investigative responsibilities pursuant to
the Inspector General Act of 1978, as amended. The Ex-Im Bank OIG
published the system of records notice in the Federal Register, 77 FR
26755 (May 7, 2012), and comments were invited on both the Notice of
Proposed Rulemaking (NPRM) and the System of Records Notice (SORN).
[[Page 41886]]
Public Comments
Ex-Im Bank did not receive any comments on the SORN or the NPRM.
Ex-Im Bank will implement the rulemaking as proposed.
List of Subjects in 12 CFR Part 404
Information disclosure.
For the reasons stated in the preamble, Ex-Im Bank amends chapter
IV of Title 12, Code of Federal Regulations, as follows:
PART 404--INFORMATION DISCLOSURE
0
1. The authority citation for part 404 continues to read as follows:
Authority: 5 U.S.C. 552 and 552a. Section 404.7 also issued
under E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235. Section
404.21 also issued under 5 U.S.C. 552a note. Subpart C also issued
under 5 U.S.C. 301, 12 U.S.C. 635.
0
2. Add Sec. 404.24 to Subpart B to read as follows:
Sec. 404.24 Exemptions: EIB-35--Office of Inspector General
Investigative Records.
(a) Criminal Law Enforcement--(1) Exemption. Under the authority
granted by 5 U.S.C. 552a(j)(2), Ex-Im Bank hereby exempts the system of
records entitled ``EIB-35--Office of Inspector General Investigative
Records'' from the provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d)(1)
through (4), (e)(1) through (3), (e)(4)(G) and (H), (e)(5), (e)(8),
(f), and (g) because the system contains information pertaining to the
enforcement of criminal laws. ``EIB-35--Office of Inspector General
Investigative Records'' is maintained by the Ex-Im Bank Office of
Inspector General (``OIG'' or ``Ex-Im Bank OIG.'')
(2) Reasons for exemption. The reasons for asserting this exemption
are:
(i) Disclosure to the individual named in the record pursuant to 5
U.S.C. 552a(c)(3), (c)(4), or (d)(1) through (4) could seriously impede
or compromise the investigation by alerting the target(s), subjecting a
potential witness or witnesses to intimidation or improper influence,
and leading to destruction of evidence. Disclosure could enable
suspects to take action to prevent detection of criminal activities,
conceal evidence, or escape prosecution.
(ii) Application of 5 U.S.C. 552a(e)(1) is impractical because the
relevance of specific information might be established only after
considerable analysis and as the investigation progresses. Effective
law enforcement requires the OIG to keep information that may not be
relevant to a specific OIG investigation, but which may provide leads
for appropriate law enforcement and to establish patterns of activity
that might relate to the jurisdiction of the OIG and/or other agencies.
(iii) Application of 5 U.S.C. 552a(e)(2) would be counterproductive
to the performance of a criminal investigation because it would alert
the individual to the existence of an investigation. In any
investigation, it is necessary to obtain evidence from a variety of
sources other than the subject of the investigation in order to verify
the evidence necessary for successful litigation or prosecution.
(iv) Application of 5 U.S.C. 552a(e)(3) could discourage the free
flow of information in a criminal law enforcement inquiry.
(v) The requirements of 5 U.S.C. 552a(e)(4)(G) and (H) and (f)
would be counterproductive to the performance of a criminal
investigation. To notify an individual at the individual's request of
the existence of records in an investigative file pertaining to such
individual, or to grant access to an investigative file could interfere
with investigative and enforcement proceedings, deprive co-defendants
of a right to a fair trial or other impartial adjudication, constitute
an unwarranted invasion of personal privacy of others, disclose the
identity or confidential sources, reveal confidential information
supplied by these sources and disclose investigative techniques and
procedures. Nevertheless, Ex-Im Bank OIG has published notice of its
notification, access, and contest procedures because access may be
appropriate in some cases.
(vi) Although the OIG endeavors to maintain accurate records,
application of 5 U.S.C. 552a(e)(5) is impractical because maintaining
only those records that are accurate, relevant, timely, and complete
and that assure fairness in determination is contrary to established
investigative techniques. Information that may initially appear
inaccurate, irrelevant, untimely, or incomplete may, when collated and
analyzed with other available information, become more pertinent as an
investigation progresses.
(vii) Application of 5 U.S.C. 552a(e)(8) could prematurely reveal
an ongoing criminal investigation to the subject of the investigation.
(viii) The provisions of subsection (g) do not apply to this system
if an exemption otherwise applies.
(b) Other Law Enforcement--(1) Exemption. Under the authority
granted by 5 U.S.C. 552a(k)(2), Ex-Im Bank hereby exempts the system of
records entitled ``EIB-35--Office of Inspector General Investigative
Records'' from the provisions of 5 U.S.C. 552a(c)(3), (d)(1) through
(4), (e)(1), (e)(4)(G) and (H), and (f) for the same reasons as stated
in paragraph (a)(2) of this section, that is, because the system
contains investigatory material compiled for law enforcement purposes
other than material within the scope of subsection 552a(j)(2).
(2) Reasons for exemption. The reasons for asserting this exemption
are because the disclosure and other requirements of the Privacy Act
could substantially compromise the efficacy and integrity of OIG
operations. Disclosure could invade the privacy of other individuals
and disclose their identity when they were expressly promised
confidentiality. Disclosure could interfere with the integrity of
information which would otherwise be subject to privileges (see, e.g.,
5 U.S.C. 552(b)(5)), and which could interfere with other important law
enforcement concerns (see, e.g., 5 U.S.C. 552(b)(7)).
(c) Federal Civilian or Contract Employment--(1) Exemption. Under
the authority granted by 5 U.S.C. 552a(k)(5), Ex-Im Bank hereby exempts
the system of records entitled ``EIB-35--Office of Inspector General
Investigative Records'' from the provisions of 5 U.S.C. 552a(c)(3),
(d)(1) through (4), (e)(1), (e)(4)(G) and (H), and (f) because the
system contains investigatory material compiled for the purpose of
determining eligibility or qualifications for federal civilian or
contract employment.
(2) Reasons for exemption. The reasons for asserting this exemption
are the same as described in paragraph (a)(2) of this section.
Sharon A. Whitt,
Agency Clearance Officer.
[FR Doc. 2012-17382 Filed 7-16-12; 8:45 am]
BILLING CODE 6690-01-P