[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: 19CFR103.27]

[Page 447]
 
                        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. 103.27  Procedure in the event of a demand for Customs information in a foreign proceeding.

    (a) Required prior approval for disclosure. In any foreign 
proceeding in which the Customs Service is not a party, no Customs 
employee shall, in response to a demand, 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 approval of the Chief Counsel, as described in 
paragraph (b) of this section.
    (b) Employee notification to Counsel. Whenever a demand in a foreign 
proceeding is made upon a Customs employee concerning pre-clearance 
activities within the territory of the foreign country, that employee 
shall immediately notify the appropriate Associate Chief Counsel 
responsible for the pre-clearance location. All other demands in a 
foreign proceeding shall be reported by Customs employees to the Chief 
Counsel. The Customs employee shall then await instructions from the 
Chief Counsel concerning the response to the demand.
    (c) Counsel notification to originating component. Upon receipt of a 
proper demand for Customs information, one which complies with the 
provisions of Sec. 103.22(c), if the Chief Counsel believes that it will 
comply with any part of the demand, it will immediately advise the 
originating component.
    (d) Conditions for authorization of disclosure. The Chief Counsel, 
subject to the terms of paragraph (e) of this section, may authorize the 
disclosure 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.
    (e) 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.