[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR2005.6]



[Page 461-462]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

      CHAPTER XX--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

 

PART 2005_SAFEGUARDING INDIVIDUAL PRIVACY--Table of Contents

 

Sec. 2005.6  Request for review.



    (a) Individuals wishing to request a review of the decision by STR 

with regard to an initial request to amend a record in accordance with 

the provisions of Sec. 2005.5, should submit the request for review in 

writing and, to the extent possible, include the information specified 

in Sec. 2005.5(a). Individuals desiring assistance in the preparation 

of their request for review should contact the Administrative Officer at 

the address provided herein.



[[Page 462]]



    (b) The request for review should contain a brief description of the 

record involved or in lieu thereof, copies of the correspondence from 

STR in which the request to amend was denied and also the reasons why 

the individual believes that the disputed information should be amended. 

The request for review should make reference to the information 

furnished by the individual in support of his claim and the reasons, as 

required by Sec. 2005.5, set forth by STR in its decision denying the 

amendment. Appeals filed without a complete statement by the person 

making the request setting forth the reasons for the review will, of 

course, be processed. However, in order to make the appellate process as 

meaningful as possible, such person's disagreement should be 

understandably set forth. In order to avoid the unnecessary retention of 

personal information, STR reserves the right to dispose of the material 

concerning the request to amend a record if no request for review in 

accordance with this section is received by STR within 180 days of the 

mailing by STR of its decision upon an initial request. A request for 

review received after the 180 day period may, at the discretion of the 

Administrative Officer, be treated as an initial request to amend a 

record.

    (c) The request for review should be addressed to the Freedom of 

Information Appeals Committee (established in 15 CFR 2004.7) Office of 

the Special Representative for Trade Negotiations, room 719, 1800 G St. 

NW., Washington, DC 20506.

    (d) Final determinations on requests for reviews within STR will be 

made by the Freedom of Information Appeals Committee, chaired by the 

Special Representative for Trade Negotiations. Additional information 

may be requested by the Committee from the person requesting a review if 

necessary to make a determination.

    (e) The FOI Appeals Committee will inform the person making the 

request in writing of the decision on the request for review within 30 

days (excluding Saturdays, Sundays, and legal Federal holidays) from the 

date of receipt by STR of the individual's request for review, unless 

the Committee extends the 30 day period for good cause. The extension 

and the reasons therefor will be sent by STR to the individual within 

the initial 30 day period. Included in the notice of a decision being 

reviewed, if the decision does not grant in full the request for review, 

will be a description of the steps the individual may take to obtain 

judicial review of such a decision, and a statement that the individual 

may file a concise statement with STR setting forth the individual's 

reasons for his disagreement with the decision upon the request for 

review. The STR Administrative Officer has the authority to determine 

the ``conciseness'' of the statement, taking into account the scope of 

the disagreement and the complexity of the issues. Upon the filing of a 

proper concise statement by the individual, any subsequent disclosure of 

the information in dispute will have the information in dispute clearly 

noted and a copy of the concise statement furnished, setting forth its 

reasons for not making the requested changes, if STR chooses to file 

such a statement. A copy of the individual's statement, and if it 

chooses, STR's statement, will be sent to any prior transferee of the 

disputed information who is listed on the accounting required by 5 

U.S.C. 552a(c).