[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: 19CFR103.21]



[Page 496-497]

 

                        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 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.



[[Page 497]]





    (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 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.