[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: 19CFR103.23]

[Page 455-456]
 
                        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. 103.23  Factors in determining whether to disclose information pursuant to a demand.

    (a) General considerations. In authorizing disclosures pursuant to a 
proper demand for Customs information, one which complies with the 
provisions of Sec. 103.22(c), the Chief Counsel should consider the 
following factors:
    (1) Whether the disclosure would be appropriate under the relevant 
substantive law concerning privilege;
    (2) Whether the disclosure would be appropriate under the rules of 
procedure governing the case or matter in which the demand arose; and,
    (3) Whether the requesting party has demonstrated that the 
information requested is:
    (i) Relevant and material to the action pending, based on copies of 
the summons and complaint that are required to be attached to the 
subpoena duces tecum or other demand;

[[Page 456]]

    (ii) Genuinely necessary to the proceeding, i.e., a showing of 
substantial need has been made;
    (iii) Unavailable from other sources; and,
    (iv) Reasonable in its scope, i.e., the documents, information, or 
testimony sought are described with particularity.
    (4) Whether consultation with the originating component requires 
that the Chief Counsel make a separate determination as to the 
disclosure of the information requested.
    (b) Circumstances where disclosure will not be made. Among the 
demands in response to which disclosure will not be authorized by the 
Chief Counsel are those demands with respect to which any of the 
following factors exist:
    (1) Disclosure would violate a treaty, statute (such as the Privacy 
Act, 5 U.S.C. 552a, the Trade Secrets Act, 18 U.S.C. 1905, or the income 
tax laws, 26 U.S.C. 6103 and 7213), or a rule of procedure, such as the 
grand jury secrecy rule, Fed.R.Crim.Proc. rule 6(e) (18 U.S.C.App.);
    (2) Disclosure would violate a specific regulation;
    (3) Disclosure would reveal classified or confidential information;
    (4) Disclosure would reveal a confidential source or informant;
    (5) Disclosure would reveal investigatory records compiled for law 
enforcement purposes, interfere with enforcement proceedings, or 
disclose investigative techniques and procedures;
    (6) Disclosure would improperly reveal confidential commercial 
information without the owner's consent (e.g., entry information);
    (7) Disclosure relates to documents which were produced by another 
agency or entity;
    (8) Disclosure would unduly interfere with the orderly conduct of 
Customs business;
    (9) Customs has no interest, records, or other official information 
regarding the matter in which disclosure is sought;
    (10) There is a failure to make proper service upon the United 
States; or
    (11) There is a failure to comply with federal, state, or local 
rules of discovery.