[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR103.12]



[Page 495-496]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; 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.



[[Page 496]]



    (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:

    (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]