[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR103.22]

[Page 444-445]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 103--AVAILABILITY OF INFORMATION--Table of Contents
 
   Subpart B--Production or Disclosure in Federal, State, Local, and 
                           Foreign Proceedings
 
Sec. 103.22  Procedure in the event of a demand for Customs information in any federal, state, or local civil proceeding or administrative action.

    (a) General prohibition against disclosure. In any federal, state, 
or local civil proceeding or administrative action in which the Customs 
Service is not a party, no Customs employee shall, in response to a 
demand for Customs information, furnish Customs documents or testimony 
as to any material contained in Customs files, any information relating 
to or based upon material contained in Customs files, or any information 
or material acquired as part of the performance of that person's 
official duties (or because of that person's official status) without 
the prior written approval of the Chief Counsel, as described in 
paragraph (b) of this section.
    (b) Employee notification to Counsel. Whenever a demand for 
information is made upon a Customs employee, that employee shall 
immediately prepare a report that specifically describes the testimony 
or documents sought and

[[Page 445]]

notify the Assistant Chief Counsel or Associate Chief Counsel for the 
area where the employee is located. If the employee is located at 
Headquarters or outside of the United States, the employee shall 
immediately notify the Chief Counsel. The Customs employee shall then 
await instructions from the Chief Counsel concerning the response to the 
demand.
    (c) Requesting party's initial burden. A party seeking Customs 
information shall serve on the appropriate Customs employee the demand, 
a copy of the Summons and Complaint, and provide an affidavit, or, if 
that is not feasible, a statement that sets forth a summary of the 
documents or testimony sought and its relevance to the proceeding. Any 
disclosure authorization for documents or testimony by a Customs 
employee shall be limited to the scope of the demand as summarized in 
such affidavit or statement. The Chief Counsel may, upon request and for 
good cause shown, waive the requirements of this paragraph.
    (d) Requesting party's notification requirement. The demand for 
Customs information, pursuant to the provisions of paragraph (c) of this 
section, shall be served at least ten (10) working days prior to the 
scheduled date of the production of the documents or the taking of 
testimony.
    (e) Counsel notification to originating component. Upon receipt of a 
proper demand for Customs information, one which complies with the 
provisions of paragraph (c) of this section, if the Chief Counsel 
believes that it will comply with any part of the demand, it will 
immediately advise the originating component.
    (f) Conditions for authorization of disclosure. The Chief Counsel, 
subject to the provisions of paragraph (h) of this section, may 
authorize the production of Customs documents or the appearance and 
testimony of a Customs employee if:
    (1) Production of the demanded documents or testimony, in the 
judgment of the Chief Counsel, are appropriate under the factors 
specified in Sec. 103.23(a) of this subpart; and
    (2) None of the factors specified in Sec. 103.23(b) of this subpart 
exist with respect to the demanded documents or testimony.
    (g) Limitations on the scope of authorized disclosure. (1) The Chief 
Counsel shall authorize the disclosure of Customs information by a 
Customs employee without further authorization from Customs officials 
whenever possible, provided that:
    (i) If necessary, Counsel has consulted with the originating 
component regarding disclosure of the information demanded;
    (ii) There is no objection from the originating component to the 
disclosure of the information demanded; and
    (iii) Counsel has sought to limit the demand for information to that 
which would be consistent with the factors specified in Sec. 103.23 of 
this part.
    (2) In the case of an objection by the originating component, the 
Chief Counsel shall make the disclosure determination.
    (h) Disclosure of commercial information. In the case of a demand 
for commercial information or commercial documents concerning 
importations or exportations, the Chief Counsel shall obtain the 
authorization of the Assistant Commissioner (Field Operations) or his/
her designee prior to the Chief Counsel authorizing the production/
disclosure of such documents/information.