On September 30, 2016, the International Trade Administration (ITA), U.S. Department of Commerce (Commerce) published in the Federal Register a final notice of implementation of a cost recovery program fee [Docket No. 160713610–6783–02]. Consistent with the guidelines in OMB Circular A–25, ITA has implemented a cost recovery program fee to support the operation of the EU–U.S. Privacy Shield Framework (Privacy Shield), which requires that U.S. organizations pay an annual fee to ITA in order to participate in the Privacy Shield. ITA published the Cost Recovery Fee Schedule for the Privacy Shield on July 22, 2016 (81 Fed. Reg. 47752). No comments were received and so the fee schedule is considered final until further review one year after implementation of the program. The cost recovery program supports the administration and supervision of the Privacy Shield program and supports the provision of Privacy Shield-related services, including education and outreach. The Privacy Shield fee schedule was effective on August 1, 2016, when ITA began accepting self-certifications under the Privacy Shield Framework.

Commerce developed the Privacy Shield in consultation with the European Commission, as well as with industry and other stakeholders, to provide organizations in the United States with a reliable mechanism for personal data transfers to the United States from the European Union while ensuring the protection of the data as required by EU law. In July 2016, the European Commission approved the EU–U.S. Privacy Shield Framework.