[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: 19CFR103.21]

[Page 453-454]
 
                        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. 103.21  Purpose and definitions.

    Source: T.D. 96-36, 61 FR 19838, May 3, 1996, unless otherwise 
noted.


    (a) Purpose. (1) This subpart sets forth procedures to be followed 
with respect to the production or disclosure of any documents contained 
in Customs files, any information relating to material contained in 
Customs files, any testimony by a Customs employee, or any information 
acquired by any person as part of that person's performance of official 
duties as a Customs employee or because of that person's official 
status, hereinafter collectively referred to as ``information'', in all 
federal, state, local, and foreign proceedings when a subpoena, notice 
of

[[Page 454]]

deposition (either upon oral examination or written interrogatory), 
order, or demand, hereinafter collectively referred to as a ``demand'', 
of a court, administrative agency, or other authority is issued for such 
information.
    (2) This subpart does not cover those situations where the United 
States is a party to the action. In situations where the United States 
is a party to the action, Customs employees are instructed to follow 
internal Customs policies and procedures.
    (b) Customs employee. For purposes of this subpart, the term 
``Customs employee'' includes all present and former officers and 
employees of the United States Customs Service.
    (c) Customs documents. For purposes of this subpart, the term 
``Customs documents'' includes any document (including copies thereof), 
no matter what media, produced by, obtained by, furnished to, or coming 
to the knowledge of, any Customs employee while acting in his/her 
official capacity, or because of his/her official status, with respect 
to the administration or enforcement of laws administered or enforced by 
the Customs Service.
    (d) Originating component. For purposes of this subpart, the term 
``originating component'' references the Customs official, or the 
official's designee, in charge of the office responsible for the 
collection, assembly, or other preparation of the information demanded 
or that, at the time the person whose testimony is demanded acquired the 
information in question, employs or employed the person whose testimony 
is demanded.
    (e) Disclosure to government law enforcement or regulatory agencies. 
Nothing in this subpart is intended to impede the appropriate disclosure 
of information by Customs to federal, state, local, and foreign law 
enforcement or regulatory agencies, in accordance with the 
confidentiality requirements of the Privacy Act (5 U.S.C. 552a), the 
Trade Secrets Act (18 U.S.C. 1905), and other applicable statutes.
    (f) Disclosure to federal attorneys and the Court of International 
Trade. Nothing in this subpart is intended to restrict the disclosure of 
Customs information requested by the Court of International Trade, U.S. 
Attorneys, or attorneys of the Department of Justice, for use in cases 
which arise under the laws administered or enforced by, or concerning, 
the Customs Service and which are referred by the Department of the 
Treasury to the Department of Justice for prosecution or defense.
    (g) Disclosure of non-Customs information. Nothing in the subpart is 
intended to impede the appropriate disclosure of non-Customs information 
by Customs employees in any proceeding in which they are a party or 
witness solely in their personal capacities.
    (h) Failure of Customs employee to follow procedures. The failure of 
any Customs employee to follow the procedures specified in this subpart 
neither creates nor confers any rights, privileges, or benefits on any 
person or party.
    (i) In camera inspection of records. Nothing in this subpart 
authorizes Customs personnel to withhold records from a federal court, 
whether civil or criminal, pursuant to its order for such records 
appropriately made, for purposes of in camera inspection of the records 
to determine the propriety of claimed exemption(s) from disclosure.