82 FR 27227 - EU-U.S. Privacy Shield; Invitation for Applications for Inclusion on the List of Arbitrators

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 113 (June 14, 2017)

Page Range		27227-27229
FR Document		2017-12370

Under the EU-U.S. Privacy Shield Framework, the U.S. Department of Commerce (DOC) and the European Commission have committed to implement an arbitration mechanism to provide European individuals with the ability to invoke binding arbitration to determine, for residual claims, whether an organization has violated its obligations under the Privacy Shield Framework. The DOC and the European Commission will work together to implement the arbitration mechanism, including by jointly developing a list of at least 20 arbitrators. Parties to a binding arbitration under this Privacy Shield mechanism may only select arbitrators from this list. This notice announces the opportunity to apply for inclusion on the list of arbitrators developed by the DOC and the European Commission.

Federal Register, Volume 82 Issue 113 (Wednesday, June 14, 2017)

[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Pages 27227-27229]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12370]


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DEPARTMENT OF COMMERCE

International Trade Administration


EU-U.S. Privacy Shield; Invitation for Applications for Inclusion 
on the List of Arbitrators

AGENCY: International Trade Administration, U.S. Department of 
Commerce.

ACTION: Notice; invitation for applications.

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SUMMARY: Under the EU-U.S. Privacy Shield Framework, the U.S. 
Department of Commerce (DOC) and the European Commission have committed 
to implement an arbitration mechanism to provide European individuals 
with the ability to invoke binding arbitration to determine, for 
residual claims, whether an organization has violated its obligations 
under the Privacy Shield Framework. The DOC and the European Commission 
will work together to implement the arbitration mechanism, including by 
jointly developing a list of at least 20 arbitrators. Parties to a 
binding arbitration under this Privacy Shield mechanism may only select 
arbitrators from this list. This notice announces the opportunity to 
apply for inclusion on the list of arbitrators developed by the DOC and 
the European Commission.

DATES: Applications should be received by July 14, 2017.

ADDRESSES: Please submit applications to Nasreen Djouini at the U.S. 
Department of Commerce, either by email at [email protected], 
or by fax at: 202-482-5522. More information on the arbitration 
mechanism may be found at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

FOR FURTHER INFORMATION CONTACT: Nasreen Djouini, International Trade 
Administration, 202-482-6259 or [email protected].

SUPPLEMENTARY INFORMATION: The EU-U.S. Privacy Shield Framework was 
designed by the U.S. Department of Commerce (DOC) and the European 
Commission (Commission) to provide companies on both sides of the 
Atlantic with a mechanism to comply with data protection requirements 
when transferring personal data from the European Union to the United 
States in support of transatlantic commerce. On July 12, 2016, the 
Commission deemed the EU-U.S. Privacy Shield Framework (Privacy Shield) 
adequate to enable data transfers under EU law, and on August 1, 2016, 
the DOC began accepting self-certifications from U.S. companies to join 
the program (81 FR 47752; July 22, 2016). For more information on the 
Privacy Shield, visit www.privacyshield.gov.
    As described in Annex I of the Privacy Shield, the DOC and the 
Commission have committed to implement an arbitration mechanism to 
provide European individuals with the ability to invoke binding 
arbitration to determine, for residual claims, whether an organization 
has violated its obligations under the Privacy Shield. Organizations 
voluntarily self-certify to

[[Page 27228]]

the Privacy Shield and, upon certification, the commitments the 
organization has made to comply with the Privacy Shield become legally 
enforceable under U.S. law. Organizations that self-certify to the 
Privacy Shield commit to binding arbitration of residual claims if the 
individual chooses to exercise that option. Under the arbitration 
option, a Privacy Shield Panel (consisting of one or three arbitrators, 
as agreed by the parties) has the authority to impose individual-
specific, non-monetary equitable relief (such as access, correction, 
deletion, or return of the individual's data in question) necessary to 
remedy the violation of the Privacy Shield only with respect to the 
individual. The parties will select the arbitrators from the list of 
arbitrators described below.
    The DOC and the European Commission seek to develop a list of at 
least 20 arbitrators. To be eligible for inclusion on the list, 
applicants must be admitted to practice law in the United States and 
have expertise in both U.S. privacy law and EU data protection law. 
Applicants shall not be subject to any instructions from, or be 
affiliated with, any Privacy Shield organization, or the U.S., EU, or 
any EU Member State or any other governmental authority, public 
authority or enforcement authority.
    Eligible individuals will be evaluated on the basis of 
independence, integrity, and expertise:

Independence:

     Freedom from bias and prejudice.
Integrity:
     Held in the highest regard by peers for integrity, 
fairness and good judgment.
     Demonstrates high ethical standards and commitment 
necessary to be an arbitrator.
Expertise:
    Required:
     Admission to practice law in the United States.
     Level of demonstrated expertise in U.S. privacy law and EU 
data protection law.
    Other expertise that may be considered includes any of the 
following:
     Relevant educational degrees and professional licenses.
     Relevant professional or academic experience or legal 
practice.
     Relevant training or experience in arbitration or other 
forms of dispute resolution
    Evaluation of applications for inclusion on the list of arbitrators 
will be undertaken by the DOC and the Commission. Selected applicants 
will remain on the list for a period of 3 years, absent exceptional 
circumstances, change in eligibility, or for cause, renewable for one 
additional period of 3 years.
    The DOC is in the process of selecting an administrator for Privacy 
Shield arbitrations.\1\ Among other things, once selected, the 
Administrator will facilitate arbitrator fee arrangements, including 
the collection and timely payment of arbitrator fees and other 
expenses. Arbitrators are expected to commit their time and effort when 
included on the Privacy Shield List of Arbitrators and to take 
reasonable steps to minimize the costs or fees of the arbitration.
---------------------------------------------------------------------------

    \1\ For more information about the selection process and the 
role of the administrator, see https://www.privacyshield.gov/Arbitration-Fact-Sheet.
---------------------------------------------------------------------------

    Arbitrators will be subject to a code of conduct consistent with 
Annex I of the Privacy Shield Framework and generally accepted ethical 
standards for arbitrators. The DOC and the Commission agreed to adopt 
an existing, well-established set of U.S. arbitral procedures to govern 
the arbitral proceedings, subject to considerations identified in Annex 
I of the Privacy Shield Framework, including that materials submitted 
to arbitrators will be treated confidentially and will only be used in 
connection with the arbitration. For more information, please visit 
https://www.privacyshield.gov/article?id=G-Arbitration-Procedures where 
you can find information on the arbitration procedures.

Applications

    Eligible individuals who wish to be considered for inclusion on the 
EU-U.S. Privacy Shield List of Arbitrators are invited to submit 
applications. Applications must be typewritten and should be headed 
``Application for Inclusion on the EU-U.S. Privacy Shield List of 
Arbitrators.'' Applications should include the following information, 
and each section of the application should be numbered as indicated:

--Name of applicant.
--Address, telephone number, and email address.
1. Independence
    --Description of the applicant's affiliations with any Privacy 
Shield organization, or the U.S., EU, any EU Member State or any other 
governmental authority, public authority, or enforcement authority.
2. Integrity
    --On a separate page, the names, addresses, telephone, and fax 
numbers of three individuals willing to provide information concerning 
the applicant's qualifications for service, including the applicant's 
character, reputation, reliability, and judgment.
    --Description of the applicant's willingness and ability to make 
time commitments necessary to be an arbitrator.
3. Expertise
    --Demonstration of admittance to practice law in the United States.
    --Relevant academic degrees and professional training and 
licensing.
    --Current employment, including title, description of 
responsibility, name and address of employer, and name and telephone 
number of supervisor or other reference.
    --Employment history, including the dates and addresses of each 
prior position and a summary of responsibilities.
    --Description of expertise in U.S. privacy law and EU data 
protection law.
    --Description of training or experience in arbitration or other 
forms of dispute resolution, if applicable.
    --A list of publications, testimony, and speeches, if any, 
concerning U.S. privacy law and EU data protection law, with copies 
appended.

Paperwork Reduction Act

    OMB has reviewed and approved this information collection on an 
emergency basis as of [X DATE]. The emergency approval is only valid 
for 180 days. ITA will submit a request for a 3-year approval through 
OMB's general PRA clearance process. Notwithstanding any other 
provision of law, no person is required to respond to, nor shall any 
person be subject to a penalty for failure to comply with a collection 
of information subject to the requirements of the Paperwork Reduction 
Act, unless that collection of information displays a currently valid 
OMB control number.
    Written comments regarding the burden estimate for this data 
collection requirement, or any other aspect of this data collection, to 
the Office of Information and Regulatory Affairs of OMB, Attention: 
Desk Officer for the International Trade Administration via email at 
[email protected] or via fax at (202) 395-5806 (this is not a 
toll-free number).

Public Disclosure

    Applications will be covered by the Department of Commerce's 
Privacy Act

[[Page 27229]]

System of Records Notice 23. Submission of your application will be 
considered written consent to share your information with the European 
Commission to enable joint development of the list of arbitrators.

    Dated: June 9, 2017.
Alysha Taylor,
Acting Deputy Assistant Secretary for Services, International Trade 
Administration, U.S. Department of Commerce.
[FR Doc. 2017-12370 Filed 6-13-17; 8:45 am]
BILLING CODE 3510-DR-P

Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices 27227

Final Results of Review wide entity, 156.87 percent; and (3) for SUMMARY: Under the EU-U.S. Privacy
The Department determines that the all non-PRC exporters of subject Shield Framework, the U.S. Department
following companies are part of the merchandise which have not received of Commerce (DOC) and the European
PRC-wide entity: (1) Taihe, (2) Anhui their own rate, the cash deposit rate will Commission have committed to
BBCA International Co., Ltd., (3) BCH be the rate applicable to the exporter(s) implement an arbitration mechanism to
Chemical International Limited, (4) of merchandise from the PRC that provide European individuals with the
China Chem Source (HK) Co., Ltd., (5) supplied that non-PRC exporter. These ability to invoke binding arbitration to
COFCO Biochemical AnHui Co., Ltd., deposit requirements, when imposed, determine, for residual claims, whether
(6) Jiangsu Guoxin Union Energy Co., shall remain in effect until further an organization has violated its
Ltd., (7) Kaifeng Chemical Co., Ltd., (8) notice. obligations under the Privacy Shield
Qingdao Chongzhi International, (9) Framework. The DOC and the European
Notification to Importers Regarding the Commission will work together to
Qingdao Samin Chemical Co., Ltd., (10) Reimbursement of Duties implement the arbitration mechanism,
Shanghai Fenhe International Co., Ltd.,
This notice serves as a final reminder including by jointly developing a list of
(11) Sunshine Biotech International Co.,
to importers of their responsibility at least 20 arbitrators. Parties to a
Ltd., (12) Tianjin Kaifeng Chemical Co.,
under 19 CFR 351.402(f)(2) to file a binding arbitration under this Privacy
Ltd., (13) TTCA Co., Ltd., (14) Weifang
certificate regarding the reimbursement Shield mechanism may only select
Ensign Industry Co., Ltd., and (15)
of antidumping duties prior to arbitrators from this list. This notice
Yixing-Union Biochemical Co., Ltd.
liquidation of the relevant entries announces the opportunity to apply for
Assessment during this POR. Failure to comply with inclusion on the list of arbitrators
The Department will determine, and this requirement could result in the developed by the DOC and the
CBP shall assess, antidumping duties on Department’s presumption that European Commission.
all appropriate entries covered by this reimbursement of antidumping duties DATES: Applications should be received
review.6 The Department intends to has occurred and the subsequent by July 14, 2017.
issue assessment instructions to CBP 15 assessment of doubled antidumping ADDRESSES: Please submit applications
days after the publication date of the duties. to Nasreen Djouini at the U.S.
final results of this review. The Department of Commerce, either by
Notification to Interested Parties email at Nasreen.Djouini@trade.gov, or
Department intends to instruct CBP to
liquidate entries of subject merchandise This notice also serves as a reminder by fax at: 202–482–5522. More
from the PRC-wide entity, including to parties subject to the administrative information on the arbitration
entries of subject merchandise from protective order (APO) of their mechanism may be found at https://
Taihe, at 156.87 percent (the PRC-wide responsibility concerning the www.privacyshield.gov/
rate).7 For Niran and Niran Biochemical, disposition of proprietary information article?id=ANNEX-I-introduction.
which the Department determined had disclosed under APO in accordance FOR FURTHER INFORMATION CONTACT:
no shipments during the POR, all with 19 CFR 351.305(a)(3). Timely Nasreen Djouini, International Trade
suspended entries will be liquidated at notification of the destruction of APO Administration, 202–482–6259 or
the assessment rate for the PRC-wide materials or conversion to judicial Nasreen.Djouini@trade.gov.
entity.8 protective order is hereby requested. SUPPLEMENTARY INFORMATION: The EU-
Failure to comply with the regulations U.S. Privacy Shield Framework was
Cash Deposit Requirements
and the terms of an APO is a designed by the U.S. Department of
The following cash deposit sanctionable violation. Commerce (DOC) and the European
requirements will be effective upon We are issuing and publishing these Commission (Commission) to provide
publication of the final results of this results and this notice in accordance companies on both sides of the Atlantic
AR for all shipments of the subject with sections 751(a)(1) and 777(i) of the with a mechanism to comply with data
merchandise entered, or withdrawn Act and 19 CFR 351.213(d) and protection requirements when
from warehouse, for consumption on or 351.221(b)(5). transferring personal data from the
after the publication date of the final European Union to the United States in
results of review, as provided by section Dated: June 8, 2017.
support of transatlantic commerce. On
751(a)(2)(C) of the Tariff Act of 1930, as Ronald K. Lorentzen,
July 12, 2016, the Commission deemed
amended (the Act): (1) For previously Acting Assistant Secretary for Enforcement the EU-U.S. Privacy Shield Framework
investigated or reviewed exporters of and Compliance.
(Privacy Shield) adequate to enable data
merchandise from the PRC which are [FR Doc. 2017–12301 Filed 6–13–17; 8:45 am] transfers under EU law, and on August
not under review in this segment of the BILLING CODE 3510–DS–P 1, 2016, the DOC began accepting self-
proceeding but which have separate certifications from U.S. companies to
rates, the cash deposit rate will continue join the program (81 FR 47752; July 22,
to be the exporter-specific rate DEPARTMENT OF COMMERCE 2016). For more information on the
published for the most recently Privacy Shield, visit
completed segment of this proceeding; International Trade Administration
www.privacyshield.gov.
(2) for all PRC exporters of subject EU-U.S. Privacy Shield; Invitation for As described in Annex I of the
merchandise that have not been found Applications for Inclusion on the List Privacy Shield, the DOC and the
to be entitled to a separate rate, the cash Commission have committed to
mstockstill on DSK30JT082PROD with NOTICES

of Arbitrators
deposit rate will be the rate for the PRC- implement an arbitration mechanism to
AGENCY:International Trade provide European individuals with the
6 See 19 CFR 351.212(b)(1). Administration, U.S. Department of ability to invoke binding arbitration to
7 For a full discussion of this practice, see Non-
Commerce. determine, for residual claims, whether
Market Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694 an organization has violated its
ACTION: Notice; invitation for
(October 24, 2011). obligations under the Privacy Shield.
applications.
8 Id. Organizations voluntarily self-certify to

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27228 Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices

the Privacy Shield and, upon Commission. Selected applicants will addresses, telephone, and fax
certification, the commitments the remain on the list for a period of 3 years, numbers of three individuals
organization has made to comply with absent exceptional circumstances, willing to provide information
the Privacy Shield become legally change in eligibility, or for cause, concerning the applicant’s
enforceable under U.S. law. renewable for one additional period of qualifications for service, including
Organizations that self-certify to the 3 years. the applicant’s character,
Privacy Shield commit to binding The DOC is in the process of selecting reputation, reliability, and
arbitration of residual claims if the an administrator for Privacy Shield judgment.
individual chooses to exercise that arbitrations.1 Among other things, once —Description of the applicant’s
option. Under the arbitration option, a selected, the Administrator will willingness and ability to make
Privacy Shield Panel (consisting of one facilitate arbitrator fee arrangements, time commitments necessary to be
or three arbitrators, as agreed by the including the collection and timely an arbitrator.
parties) has the authority to impose payment of arbitrator fees and other 3. Expertise
individual-specific, non-monetary expenses. Arbitrators are expected to —Demonstration of admittance to
equitable relief (such as access, commit their time and effort when practice law in the United States.
correction, deletion, or return of the included on the Privacy Shield List of —Relevant academic degrees and
individual’s data in question) necessary Arbitrators and to take reasonable steps professional training and licensing.
to remedy the violation of the Privacy to minimize the costs or fees of the —Current employment, including
Shield only with respect to the arbitration. title, description of responsibility,
individual. The parties will select the Arbitrators will be subject to a code of name and address of employer, and
arbitrators from the list of arbitrators conduct consistent with Annex I of the name and telephone number of
described below. Privacy Shield Framework and supervisor or other reference.
The DOC and the European generally accepted ethical standards for —Employment history, including the
Commission seek to develop a list of at arbitrators. The DOC and the dates and addresses of each prior
least 20 arbitrators. To be eligible for Commission agreed to adopt an existing, position and a summary of
inclusion on the list, applicants must be well-established set of U.S. arbitral responsibilities.
admitted to practice law in the United procedures to govern the arbitral —Description of expertise in U.S.
States and have expertise in both U.S. proceedings, subject to considerations privacy law and EU data protection
privacy law and EU data protection law. identified in Annex I of the Privacy law.
Applicants shall not be subject to any Shield Framework, including that —Description of training or
instructions from, or be affiliated with, materials submitted to arbitrators will experience in arbitration or other
any Privacy Shield organization, or the be treated confidentially and will only forms of dispute resolution, if
U.S., EU, or any EU Member State or be used in connection with the applicable.
any other governmental authority, arbitration. For more information, —A list of publications, testimony,
public authority or enforcement please visit https://www.privacy and speeches, if any, concerning
authority. shield.gov/article?id=G-Arbitration- U.S. privacy law and EU data
Eligible individuals will be evaluated Procedures where you can find protection law, with copies
on the basis of independence, integrity, information on the arbitration appended.
and expertise: procedures. Paperwork Reduction Act
Independence: Applications OMB has reviewed and approved this
• Freedom from bias and prejudice. information collection on an emergency
Eligible individuals who wish to be
Integrity: basis as of [X DATE]. The emergency
considered for inclusion on the EU-U.S.
• Held in the highest regard by peers approval is only valid for 180 days. ITA
Privacy Shield List of Arbitrators are
for integrity, fairness and good will submit a request for a 3-year
invited to submit applications.
judgment. approval through OMB’s general PRA
Applications must be typewritten and
• Demonstrates high ethical standards clearance process. Notwithstanding any
should be headed ‘‘Application for
and commitment necessary to be an other provision of law, no person is
Inclusion on the EU-U.S. Privacy Shield
arbitrator. required to respond to, nor shall any
List of Arbitrators.’’ Applications should
Expertise: person be subject to a penalty for failure
include the following information, and
Required: to comply with a collection of
• Admission to practice law in the each section of the application should
be numbered as indicated: information subject to the requirements
United States. of the Paperwork Reduction Act, unless
• Level of demonstrated expertise in —Name of applicant. that collection of information displays a
U.S. privacy law and EU data —Address, telephone number, and currently valid OMB control number.
protection law. email address. Written comments regarding the
Other expertise that may be 1. Independence burden estimate for this data collection
considered includes any of the —Description of the applicant’s
requirement, or any other aspect of this
following: affiliations with any Privacy Shield
data collection, to the Office of
• Relevant educational degrees and organization, or the U.S., EU, any
Information and Regulatory Affairs of
professional licenses. EU Member State or any other
OMB, Attention: Desk Officer for the
• Relevant professional or academic governmental authority, public
International Trade Administration via
mstockstill on DSK30JT082PROD with NOTICES

experience or legal practice. authority, or enforcement authority.
email at oira_submission@omb.eop.gov
• Relevant training or experience in 2. Integrity
or via fax at (202) 395–5806 (this is not
arbitration or other forms of dispute —On a separate page, the names,
a toll-free number).
resolution
Evaluation of applications for
1 For more information about the selection
Public Disclosure
process and the role of the administrator, see
inclusion on the list of arbitrators will https://www.privacyshield.gov/Arbitration-Fact- Applications will be covered by the
be undertaken by the DOC and the Sheet. Department of Commerce’s Privacy Act

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Document Created: 2017-06-14 01:23:56
Document Modified: 2017-06-14 01:23:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; invitation for applications.
Dates		Applications should be received by July 14, 2017.
Contact		Nasreen Djouini, International Trade Administration, 202-482-6259 or [email protected]
FR Citation		82 FR 27227

82 FR 27227 - EU-U.S. Privacy Shield; Invitation for Applications for Inclusion on the List of Arbitrators

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 82, Issue 113 (June 14, 2017)

DEPARTMENT OF COMMERCE
International Trade Administration