[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR30.91]

[Page 341-342]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
         CHAPTER I--BUREAU OF THE CENSUS, DEPARTMENT OF COMMERCE
 
PART 30--FOREIGN TRADE STATISTICS--Table of Contents
 
              Subpart H--General Administrative Provisions
 
Sec. 30.91  Confidential information, Shipper's Export Declarations.

    (a) Confidential status. The Shipper's Export Declaration is an 
official Department of Commerce form, prescribed jointly by the Bureau 
of the Census and the Bureau of Export Administration. Information 
required thereon is confidential, whether filed electronically or in any 
other approved format, for use solely for official purposes authorized 
by the Secretary of Commerce. Use for unauthorized purposes is not 
permitted. Information required on the Shipper's Export Declarations may 
not be disclosed to anyone except the exporter or his agent by those 
having possession of or access to any copy for official purposes, except 
as provided in paragraph (e) of this section.
    (b) Copying of information to manifests not permitted. Since certain 
types of information from the outward manifests of ocean carriers can be 
made public under the provisions of the Customs Regulations, carriers 
are not permitted to copy information to manifests (or to bills of 
lading used in lieu of a listing of cargo on a manifest) from Shipper's 
Export Declarations in their possession for official purposes, except 
for (1) the bill of lading number on the declaration, (2) information on 
the declaration which is identical with bills of lading or other sources 
of information available to the carrier, and (3) items of information 
which are required by Export Administration Regulations to be identical 
or consistent on both documents.
    (c) Supplying of copies by exporters for unofficial purposes not 
permitted. The regulations in this part spell out precise definitions to 
be followed in reporting information on Shipper's Export Declarations. 
Strict adherence to these definitions is necessary if the official 
purposes for which the forms are required are to be effectively 
accomplished. Because of the possibility that

[[Page 342]]

for other purposes different definitions would be appropriate, the 
supplying by exporters of any copies (or of the information from copies) 
for any unofficial purpose is considered detrimental to official 
objectives and is not permitted.
    (d) Limitations on issuance and reproduction of copies. Consistent 
with the policy stated in paragraph (c) of this section, and with the 
confidential status of the document generally, the following limitations 
are placed upon the issuance of copies to exporters or their agents:
    (1) A copy of a Shipper's Export Declaration may be supplied to 
exporters or their agents only when such a copy is needed by the 
exporter to comply with: (i) Official requirements for presentation of a 
copy to the exporting carrier as authorization for export, (ii) export 
control requirements, or (iii) U.S. Department of Agriculture 
requirements for proof of export in connection with subsidy payments. 
Copies issued to exporters or their agents under paragraph (d)(1) (ii) 
or (iii) of this section will be stamped as follows by the Customs 
Director:

    Certified pursuant to the Export Administration Regulations or to 
fulfill the requirements of a Federal Agency and not for any other 
purpose. May not be reproduced in any form.

    (2) Use of copies of the Shipper's Export Declaration in connection 
with claims for exemption from internal revenue taxes or state taxes is 
not permitted.
    (e) Determination by the Secretary of Commerce. When the Secretary 
of Commerce or delegate determines that the withholding of information 
provided by an individual Shipper's Export Declaration is contrary to 
the national interest, the Secretary or delegate may make such 
information available, taking such safeguards and precautions to limit 
dissemination as deemed appropriate under the circumstances. In 
recommendations regarding such actions, the Bureau of the Census will, 
in general, consider that it is not contrary to the national interest to 
withhold information on Shipper's Export Declarations from private 
individuals or businesses (except the exporter or the agent of the 
exporter) or from state or local government agencies or officials, 
regardless of the purposes for which the information may be requested. 
In recommendations regarding any other requests for access to official 
copies, a judgment in the light of circumstances will be made as to 
whether it is contrary to the national interest to apply the exemption, 
keeping in view that the maintenance of confidentiality has in itself an 
important element of national interest.

(13 U.S.C.302; and 5 U.S.C. 301; Reorg. Plan No. 5 of 1950, Department 
of Commerce Organization Order No. 35-2A, August 4, 1975, 40 FR 42765)

[41 FR 9134, Mar. 3, 1976, as amended at 47 FR 7213, Feb. 18, 1982; 48 
FR 52701, Nov. 22, 1983; 64 FR 40981, July 28, 1999]