82 FR 7860 - Judicial Redress Act of 2015; Attorney General Designations

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 13 (January 23, 2017)

Page Range		7860-7861
FR Document		2017-01381

In accordance with the Judicial Redress Act of 2015, relating to the extension of certain Privacy Act remedies to citizens of designated countries, notice is given that the Attorney General has designated 26 countries and 1 regional economic integration organization, as set forth below, as ``covered countries.'' Notice is also given that the United States anticipates designating additional EU member countries as soon as practicable. In addition, notice is given that the Attorney General has designated four Federal agencies and nine components of other Federal agencies, as set forth below, as ``designated Federal agencies or components.''

Federal Register, Volume 82 Issue 13 (Monday, January 23, 2017)

[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7860-7861]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01381]


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DEPARTMENT OF JUSTICE

[Attorney General Order No. 3824-2017]


Judicial Redress Act of 2015; Attorney General Designations

AGENCY: Office of the Attorney General; United States Department of 
Justice.

ACTION: Notice of designation by the Attorney General of ``covered 
countries'' and ``designated Federal agencies or components''.

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SUMMARY: In accordance with the Judicial Redress Act of 2015, relating 
to the extension of certain Privacy Act remedies to citizens of 
designated countries, notice is given that the Attorney General has 
designated 26 countries and 1 regional economic integration 
organization, as set forth below, as ``covered countries.'' Notice is 
also given that the United States anticipates designating additional EU 
member countries as soon as practicable. In addition, notice is given 
that the Attorney General has designated four Federal agencies and nine 
components of other Federal agencies, as set forth below, as 
``designated Federal agencies or components.''

DATES: The designations herein are effective on February 1, 2017, the 
date of entry into force of the U.S.-EU Data Protection and Privacy 
Agreement.

FOR FURTHER INFORMATION CONTACT: Kenneth Harris, Acting Deputy 
Director, Office of International Affairs, Criminal Division, United 
States Department of Justice, 1301 New York Avenue, Suite 900, 
Washington, DC 20005, 202-514-0080.

SUPPLEMENTARY INFORMATION: On December 2, 2016, the European Union (the 
``EU'') undertook the final steps necessary under EU law to approve an 
executive agreement between the United States (the ``U.S.'') and the EU 
(the ``Parties'') relating to privacy protections for personal 
information transferred between the U.S., the EU, and the EU Member 
States for the prevention, detection, investigation, or prosecution of 
criminal offenses. The Agreement, commonly known in the United States 
as the Data Protection and Privacy Agreement (the ``DPPA''), 
establishes a set of protections that the Parties are to apply to 
personal information exchanged for the purpose of preventing, 
detecting, investigating, or prosecuting criminal offenses. Article 19 
of the DPPA establishes an obligation for the Parties to provide, in 
their domestic law, specific judicial redress rights to each other's 
citizens. The Judicial Redress Act, Public Law 114-126, 130 Stat. 282 
(5 U.S.C. 552a note), is implementing legislation for Article 19.

Determinations and Designations Pursuant to Section 2(d)(1)

    For purposes of implementing section 2(d)(1) of the Judicial 
Redress Act:
    (1) The Attorney General has determined that the countries and the 
regional economic integration organization listed below have entered 
into an agreement with the United States that provides for appropriate 
privacy protections for information shared for the purpose of 
preventing, investigating, detecting, or prosecuting criminal offenses; 
to wit, the DPPA;
    (2) The Attorney General has determined that the country or 
regional economic integration organization, or member country of such 
organization, permits the transfer of personal data for commercial 
purposes between the territory of that country or regional economic 
organization and the territory of the United States, through an 
agreement with the United States or otherwise;
    (3) The Attorney General has certified that the policies regarding 
the transfer of personal data for commercial purposes and related 
actions of the countries and the regional economic integration 
organization, or member countries of such organization, listed below, 
do not materially impede the national security interests of the United 
States; and
    (4) The Attorney General has obtained the concurrence of the 
Secretary of State, the Secretary of the Treasury, and the Secretary of 
Homeland Security to designate the following regional economic 
integration organization and countries as a ``covered country'':
    (a) Designation as a ``covered country.'' The following regional 
economic integration organization and countries have each been 
designated as a ``covered country,'' effective on February 1, 2017, the 
date of the DPPA's entry into force:
    1. European Union;
    2. Austria;
    3. Belgium;
    4. Bulgaria;
    5. Croatia;
    6. Republic of Cyprus;
    7. Czech Republic;
    8. Estonia;
    9. Finland;
    10. France;
    11. Germany;
    12. Greece;
    13. Hungary;
    14. Ireland;
    15. Italy;
    16. Latvia;
    17. Lithuania;
    18. Luxembourg;
    19. Malta;
    20. Netherlands;
    21. Poland;
    22. Portugal;
    23. Romania;
    24. Slovakia;
    25. Slovenia;
    26. Spain; and
    27. Sweden.
    (b) Anticipated designation as a ``covered country'' as soon as 
practicable. With respect to three

[[Page 7861]]

countries, Denmark, Ireland, and the United Kingdom, Article 27 of the 
DPPA excludes them from coverage unless the European Commission 
notifies the United States that Denmark, Ireland, or the United Kingdom 
has decided that the DPPA applies to its State. The EU has notified the 
United States that Ireland has agreed that the DPPA applies to it, and 
Ireland has been designated as a ``covered country'' above. With 
respect to Denmark and the United Kingdom, the Department of Justice 
intends to move promptly to designate each of those countries as a 
``covered country'' on receiving notice, in accordance with the 
provisions of Article 27 of the DPPA, that the country has decided that 
the DPPA applies to it.

Determinations and Designations Pursuant to Section 2(e)(1)

    For purposes of implementing section 2(e) of the Judicial Redress 
Act:
    (1) The Attorney General has determined that information exchanged 
by the Federal agencies or components listed below with the above-
designated countries and regional economic integration organization is 
within the scope of the DPPA;
    (2) The Attorney General has obtained the concurrence of the head 
of the relevant agency, or of the head of the agency to which the 
component belongs, as needed, for the following ``designated Federal 
agency or component'' designations:
    (a) Designation of Federal agencies as a ``designated Federal 
agency or component.'' The following Federal agencies, and all of their 
respective components, have each been designated as a ``designated 
Federal agency or component,'' effective on February 1, 2017, the date 
of the DPPA's entry into force:
    1. United States Department of Justice;
    2. United States Department of Homeland Security;
    3. United States Securities and Exchange Commission; and
    4. United States Commodity Futures Trading Commission.
    (b) Designation of individual components of Federal agencies as a 
``designated Federal agency or component.'' The following components of 
a Federal agency have each been designated as a ``designated Federal 
agency or component,'' effective on February 1, 2017, the date of the 
DPPA's entry into force:
    1. Bureau of Diplomatic Security, United States Department of 
State;
    2. Office of the Inspector General, United States Department of 
State;
    3. Alcohol and Tobacco Tax and Trade Bureau, United States 
Department of the Treasury;
    4. Financial Crimes Enforcement Network, Department of the 
Treasury;
    5. Internal Revenue Service, Division of Criminal Investigation, 
Department of the Treasury;
    6. Office of Foreign Assets Control, United States Department of 
the Treasury;
    7. Office of the Inspector General, United States Department of the 
Treasury;
    8. Office of the Treasury Inspector General for Tax Administration, 
United States Department of the Treasury; and
    9. Special Inspector General for the Troubled Asset Relief Program, 
United States Department of the Treasury.

Scope of EU Designation

    Designation of the European Union as a ``covered country'' is 
intended to ensure that records transferred by European Union 
institutional components, such as Europol, Eurojust, and OLAF (the 
European Antifraud Office), are treated as ``covered records'' pursuant 
to section 2(h)(4) of the Judicial Redress Act. Designation of the 
European Union as a ``covered country'' is not intended to, and does 
not, constitute designation of its member states as covered countries.

Non-Retroactivity

    It is intended that no cause of action shall be afforded by the 
Judicial Redress Act retroactively with respect to any record 
transferred prior to the date of the DPPA's entry into force on 
February 1, 2017.

Non-Reviewable Determination

    In accordance with section 2(f) of the Judicial Redress Act, the 
determinations by the Attorney General described in this notice shall 
not be subject to judicial or administrative review.

    Dated: January 17, 2017.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2017-01381 Filed 1-19-17; 8:45 am]
 BILLING CODE 4410-14-P

7860 Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices

facility. The Consent Decree also SUMMARY: In accordance with the States that provides for appropriate
provides that Innophos will pay a Judicial Redress Act of 2015, relating to privacy protections for information
$1,398,000 civil penalty, half of which the extension of certain Privacy Act shared for the purpose of preventing,
will be payable to the United States and remedies to citizens of designated investigating, detecting, or prosecuting
half to LDEQ. countries, notice is given that the criminal offenses; to wit, the DPPA;
The publication of this notice opens Attorney General has designated 26 (2) The Attorney General has
a period for public comment on the countries and 1 regional economic determined that the country or regional
Consent Decree. Comments should be integration organization, as set forth economic integration organization, or
addressed to the Assistant Attorney below, as ‘‘covered countries.’’ Notice is member country of such organization,
General, Environment and Natural also given that the United States permits the transfer of personal data for
Resources Division, and should refer to anticipates designating additional EU commercial purposes between the
United States of America and Louisiana member countries as soon as territory of that country or regional
Department of Environmental Quality practicable. In addition, notice is given economic organization and the territory
vs. Innophos, Inc.., D.J. Ref. No. 90–7– that the Attorney General has of the United States, through an
1–08688. All comments must be designated four Federal agencies and agreement with the United States or
submitted no later than forty-five (45) nine components of other Federal otherwise;
days after the publication date of this agencies, as set forth below, as (3) The Attorney General has certified
notice. Comments may be submitted ‘‘designated Federal agencies or that the policies regarding the transfer of
either by email or by mail: components.’’ personal data for commercial purposes
DATES: The designations herein are and related actions of the countries and
To submit comments: Send them to: effective on February 1, 2017, the date the regional economic integration
of entry into force of the U.S.-EU Data organization, or member countries of
By e-mail ................... pubcomment-
ees.enrd@ Protection and Privacy Agreement. such organization, listed below, do not
usdoj.gov. FOR FURTHER INFORMATION CONTACT: materially impede the national security
By mail ...................... Assistant Attorney Kenneth Harris, Acting Deputy Director, interests of the United States; and
General, U.S. Office of International Affairs, Criminal (4) The Attorney General has obtained
DOJ—ENRD, P.O. Division, United States Department of the concurrence of the Secretary of
Box 7611, Wash- Justice, 1301 New York Avenue, Suite State, the Secretary of the Treasury, and
ington, DC 20044– the Secretary of Homeland Security to
900, Washington, DC 20005, 202–514–
7611. designate the following regional
0080.
economic integration organization and
During the public comment period, SUPPLEMENTARY INFORMATION: On
countries as a ‘‘covered country’’:
the Consent Decree may be examined December 2, 2016, the European Union (a) Designation as a ‘‘covered
and downloaded at this Justice (the ‘‘EU’’) undertook the final steps country.’’ The following regional
Department Web site: https:// necessary under EU law to approve an economic integration organization and
www.usdoj.gov/enrd/consent-decrees. executive agreement between the United countries have each been designated as
We will provide a paper copy of the States (the ‘‘U.S.’’) and the EU (the a ‘‘covered country,’’ effective on
Consent Decree upon written request ‘‘Parties’’) relating to privacy protections February 1, 2017, the date of the DPPA’s
and payment of reproduction costs. for personal information transferred entry into force:
Please mail your request and payment between the U.S., the EU, and the EU 1. European Union;
to: Consent Decree Library, U.S. DOJ— Member States for the prevention, 2. Austria;
ENRD, P.O. Box 7611, Washington, DC detection, investigation, or prosecution 3. Belgium;
20044–7611. of criminal offenses. The Agreement, 4. Bulgaria;
Please enclose a check or money order commonly known in the United States 5. Croatia;
for $11.25 (25 cents per page as the Data Protection and Privacy 6. Republic of Cyprus;
reproduction cost) for the Consent Agreement (the ‘‘DPPA’’), establishes a 7. Czech Republic;
Decree, payable to the United States set of protections that the Parties are to 8. Estonia;
Treasury. apply to personal information 9. Finland;
Thomas P. Carroll,
exchanged for the purpose of 10. France;
preventing, detecting, investigating, or 11. Germany;
Assistant Section Chief, Environmental
Enforcement Section, Environment and
prosecuting criminal offenses. Article 19 12. Greece;
Natural Resources Division. of the DPPA establishes an obligation 13. Hungary;
[FR Doc. 2017–01348 Filed 1–19–17; 8:45 am]
for the Parties to provide, in their 14. Ireland;
domestic law, specific judicial redress 15. Italy;
BILLING CODE 4410–15–P
rights to each other’s citizens. The 16. Latvia;
Judicial Redress Act, Public Law 114– 17. Lithuania;
DEPARTMENT OF JUSTICE 126, 130 Stat. 282 (5 U.S.C. 552a note), 18. Luxembourg;
is implementing legislation for Article 19. Malta;
[Attorney General Order No. 3824–2017] 19. 20. Netherlands;
21. Poland;
Judicial Redress Act of 2015; Attorney Determinations and Designations 22. Portugal;
General Designations Pursuant to Section 2(d)(1)
mstockstill on DSK3G9T082PROD with NOTICES

23. Romania;
AGENCY: Office of the Attorney General; For purposes of implementing section 24. Slovakia;
United States Department of Justice. 2(d)(1) of the Judicial Redress Act: 25. Slovenia;
(1) The Attorney General has 26. Spain; and
ACTION: Notice of designation by the
determined that the countries and the 27. Sweden.
Attorney General of ‘‘covered countries’’
regional economic integration (b) Anticipated designation as a
and ‘‘designated Federal agencies or
organization listed below have entered ‘‘covered country’’ as soon as
components’’.
into an agreement with the United practicable. With respect to three

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Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices 7861

countries, Denmark, Ireland, and the 3. Alcohol and Tobacco Tax and (d) filed against Potomac Electric Power
United Kingdom, Article 27 of the DPPA Trade Bureau, United States Department Company (Pepco) in United States et al.
excludes them from coverage unless the of the Treasury; v. Pepco, Civil Action No. 1:15-cv-
European Commission notifies the 4. Financial Crimes Enforcement 01845, in which the United States
United States that Denmark, Ireland, or Network, Department of the Treasury; alleged violations of the effluent
the United Kingdom has decided that 5. Internal Revenue Service, Division limitations for metals and total
the DPPA applies to its State. The EU of Criminal Investigation, Department of suspended solids in Pepco’s National
has notified the United States that the Treasury; Pollutant Discharge Elimination System
Ireland has agreed that the DPPA 6. Office of Foreign Assets Control, (‘‘NPDES’’) permit for Pepco’s Benning
applies to it, and Ireland has been United States Department of the Street facility. The proposed consent
designated as a ‘‘covered country’’ Treasury; decree obligates Pepco to put into place
above. With respect to Denmark and the 7. Office of the Inspector General, best management practices to address its
United Kingdom, the Department of United States Department of the stormwater discharges, including
Justice intends to move promptly to Treasury; stormwater control devices to be
designate each of those countries as a 8. Office of the Treasury Inspector inserted into drains and inlets; regular
‘‘covered country’’ on receiving notice, General for Tax Administration, United inspections and housekeeping;
in accordance with the provisions of States Department of the Treasury; and maintenance; training, and similar
Article 27 of the DPPA, that the country 9. Special Inspector General for the measures. Pepco also will design and
has decided that the DPPA applies to it. Troubled Asset Relief Program, United install in-pipe treatment systems in
States Department of the Treasury. targeted areas, to be put into place no
Determinations and Designations
Pursuant to Section 2(e)(1) Scope of EU Designation later than December 31, 2017. Under the
consent decree, Pepco also will pay a
For purposes of implementing section Designation of the European Union as
civil penalty of $1.6 million, and design
2(e) of the Judicial Redress Act: a ‘‘covered country’’ is intended to
and perform a mitigation project to
(1) The Attorney General has ensure that records transferred by
eliminate discharges from Outfall 101. If
determined that information exchanged European Union institutional
Pepco fails to implement the mitigation
by the Federal agencies or components components, such as Europol, Eurojust,
project, it must pay a stipulated penalty
listed below with the above-designated and OLAF (the European Antifraud
of $500,000.
countries and regional economic Office), are treated as ‘‘covered records’’
pursuant to section 2(h)(4) of the The publication of this notice opens
integration organization is within the a period for public comment on the
scope of the DPPA; Judicial Redress Act. Designation of the
European Union as a ‘‘covered country’’ Consent Decree. Comments should be
(2) The Attorney General has obtained addressed to the Assistant Attorney
the concurrence of the head of the is not intended to, and does not,
constitute designation of its member General, Environment and Natural
relevant agency, or of the head of the Resources Division, and should refer to
agency to which the component states as covered countries.
United States et al. v. Pepco, Civil
belongs, as needed, for the following Non-Retroactivity Action No. 1:15-cv-01845, DOJ number
‘‘designated Federal agency or 90–5–1–1–11336. All comments must be
It is intended that no cause of action
component’’ designations: submitted no later than 30 days after the
shall be afforded by the Judicial Redress
(a) Designation of Federal agencies as Act retroactively with respect to any publication date of this notice.
a ‘‘designated Federal agency or record transferred prior to the date of Comments may be submitted either by
component.’’ The following Federal the DPPA’s entry into force on February email or by mail:
agencies, and all of their respective 1, 2017.
components, have each been designated To submit
as a ‘‘designated Federal agency or Non-Reviewable Determination Send them to:
comments:
component,’’ effective on February 1, In accordance with section 2(f) of the
2017, the date of the DPPA’s entry into Judicial Redress Act, the determinations By email ....... pubcomment-ees.enrd@
force: usdoj.gov.
by the Attorney General described in
1. United States Department of By mail ......... Assistant Attorney General,
this notice shall not be subject to
Justice; U.S. DOJ—ENRD, P.O.
judicial or administrative review. Box 7611, Washington,
2. United States Department of
Dated: January 17, 2017. D.C. 20044–7611.
Homeland Security;
3. United States Securities and Loretta E. Lynch,
Exchange Commission; and Attorney General. During the public comment period,
4. United States Commodity Futures [FR Doc. 2017–01381 Filed 1–19–17; 8:45 am] the Consent Decree may be examined
Trading Commission. BILLING CODE 4410–14–P and downloaded at this Justice
(b) Designation of individual Department Web site: https://
components of Federal agencies as a www.justice.gov/enrd/consent-decrees.
‘‘designated Federal agency or DEPARTMENT OF JUSTICE We will provide a paper copy of the
component.’’ The following components Consent Decree upon written request
Notice of Lodging of Proposed and payment of reproduction costs.
of a Federal agency have each been
Consent Decree Under the Clean Water Please mail your request and payment
designated as a ‘‘designated Federal
mstockstill on DSK3G9T082PROD with NOTICES

Act to: Consent Decree Library, U.S. DOJ—
agency or component,’’ effective on
February 1, 2017, the date of the DPPA’s On January 13, 2017, the Department ENRD, P.O. Box 7611, Washington, DC
entry into force: of Justice lodged a Consent Decree with 20044–7611.
1. Bureau of Diplomatic Security, the United States District Court for the Please enclose a check or money order
United States Department of State; District of Columbia to resolve a claim for $ 16.00 (25 cents per page
2. Office of the Inspector General, under Section 309(b) and (d) of the reproduction cost) payable to the United
United States Department of State; Clean Water Act, 33 U.S.C. 1319(b) and States Treasury. For a paper copy

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Document Created: 2017-01-20 01:29:22
Document Modified: 2017-01-20 01:29:22

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 of designation by the Attorney General of ``covered countries'' and ``designated Federal agencies or components''.
Dates		The designations herein are effective on February 1, 2017, the date of entry into force of the U.S.-EU Data Protection and Privacy Agreement.
Contact		Kenneth Harris, Acting Deputy Director, Office of International Affairs, Criminal Division, United States Department of Justice, 1301 New York Avenue, Suite 900, Washington, DC 20005, 202-514-0080.
FR Citation		82 FR 7860