[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR103.12]

[Page 452-453]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 103--AVAILABILITY OF INFORMATION--Table of Contents
 
 Subpart A--Production of Documents/Disclosure of Information Under the 
                                  FOIA
 
Sec. 103.12  Exemptions.

    Pursuant to 5 U.S.C. 552(b), the disclosure requirements of 5 U.S.C. 
552(a) are not applicable to U.S. Customs Service records which relate 
to the following:
    (a) Matters kept secret pursuant to Executive order. Matters 
specifically authorized under criteria established by an Executive order 
to be kept secret in the interest of national defense or foreign policy 
and which are, in fact, properly classified pursuant to such Executive 
order (see 31 CFR part 2).
    (b) Certain internal rules and procedures. Information relating 
solely to the internal personnel rules and practices of an agency.
    (c) Matters exempt from disclosure by statute. Information 
specifically exempted from disclosure by statute (other than 5 U.S.C. 
552b), if the statute (1) requires that the matters be withheld from the 
public in such a manner as to leave no discretion on the issue, or (2) 
establishes particular criteria for withholding or refers to particular 
types of matters to be withheld.
    (d) Privileged or confidential information. Trade secrets and 
commercial or financial information obtained from any person which is 
privileged or confidential.
    (e) Certain inter-agency or intra-agency correspondence. Inter-
agency or intra-agency memoranda or letters which would not be available 
by law to a private party in litigation with the agency.
    (f) Material involving personal privacy. Personnel and medical files 
and similar files the disclosure of which would constitute a clearly 
unwarranted invasion of personal privacy.
    (g) Certain investigatory records. Records or information compiled 
for law enforcement purposes, but only to the extent that the production 
of such enforcement records or information:

[[Page 453]]

    (1) Could reasonably be expected to interfere with enforcement 
proceedings;
    (2) Would deprive a person of a right to a fair trial or an 
impartial adjudication;
    (3) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy;
    (4) Could reasonably be expected to disclose the identity of a 
confidential source, including a State, local or foreign agency or 
authority or any private institution which furnished information on a 
confidential basis, and, in the case of a record or information compiled 
by a criminal law enforcement authority in the course of a criminal 
investigation, or by an agency conducting a lawful national security 
intelligence investigation, information furnished by a confidential 
source;
    (5) Would disclose techniques for law enforcement investigations or 
prosecutions, or would disclose guidelines for law enforcement 
investigations or prosecutions if such disclosure could reasonably be 
expected to risk circumvention of the law; or
    (6) Could reasonably be expected to endanger the life or physical 
safety of any individual.
    (h) Certain pending criminal investigations. Whenever a request is 
made which involves access to records described in paragraph (g)(1) of 
this section and)--
    (1) The investigation or proceeding involves a possible violation of 
criminal law; and
    (2) There is reason to believe that the subject of the investigation 
or proceeding is not aware of its pendency, and disclosure of the 
existence of the records could reasonably be expected to interfere with 
enforcement proceedings, Customs may, during only such times as that 
circumstance continues, treat the records as not subject to the 
requirements of this part.
    (i) Certain informant records. Whenever informant records maintained 
by Customs under an informant's name or personal identifier are 
requested by a third party according to the informant's name or personal 
identifier, Customs may treat the records as not subject to the 
requirements of this part unless the informant's status as an informant 
has been officially confirmed.

[T.D. 81-168, 46 FR 32565, June 24, 1981, as amended by T.D. 88-22, 53 
FR 12937, Apr. 20, 1988]