[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: 19CFR103.22]



[Page 497-498]

 

                        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.  103.22  Procedure in the event of a demand for Customs information 

in any federal, state, or local civil proceeding or administrative action.



    (a) General prohibition against disclosure. In any federal, state, 

or local civil proceeding or administrative action in which the Customs 

Service is not a party, no Customs employee shall, in response to a 

demand for Customs information, furnish Customs documents



[[Page 498]]



or testimony as to any material contained in Customs files, any 

information relating to or based upon material contained in Customs 

files, or any information or material acquired as part of the 

performance of that person's official duties (or because of that 

person's official status) without the prior written approval of the 

Chief Counsel, as described in paragraph (b) of this section.

    (b) Employee notification to Counsel. Whenever a demand for 

information is made upon a Customs employee, that employee shall 

immediately prepare a report that specifically describes the testimony 

or documents sought and notify the Assistant Chief Counsel or Associate 

Chief Counsel for the area where the employee is located. If the 

employee is located at Headquarters or outside of the United States, the 

employee shall immediately notify the Chief Counsel. The Customs 

employee shall then await instructions from the Chief Counsel concerning 

the response to the demand.

    (c) Requesting party's initial burden. A party seeking Customs 

information shall serve on the appropriate Customs employee the demand, 

a copy of the Summons and Complaint, and provide an affidavit, or, if 

that is not feasible, a statement that sets forth a summary of the 

documents or testimony sought and its relevance to the proceeding. Any 

disclosure authorization for documents or testimony by a Customs 

employee shall be limited to the scope of the demand as summarized in 

such affidavit or statement. The Chief Counsel may, upon request and for 

good cause shown, waive the requirements of this paragraph.

    (d) Requesting party's notification requirement. The demand for 

Customs information, pursuant to the provisions of paragraph (c) of this 

section, shall be served at least ten (10) working days prior to the 

scheduled date of the production of the documents or the taking of 

testimony.

    (e) Counsel notification to originating component. Upon receipt of a 

proper demand for Customs information, one which complies with the 

provisions of paragraph (c) of this section, if the Chief Counsel 

believes that it will comply with any part of the demand, it will 

immediately advise the originating component.

    (f) Conditions for authorization of disclosure. The Chief Counsel, 

subject to the provisions of paragraph (h) of this section, may 

authorize the production of Customs documents or the appearance and 

testimony of a Customs employee if:

    (1) Production of the demanded documents or testimony, in the 

judgment of the Chief Counsel, are appropriate under the factors 

specified in Sec.  103.23(a) of this subpart; and

    (2) None of the factors specified in Sec.  103.23(b) of this subpart 

exist with respect to the demanded documents or testimony.

    (g) Limitations on the scope of authorized disclosure. (1) The Chief 

Counsel shall authorize the disclosure of Customs information by a 

Customs employee without further authorization from Customs officials 

whenever possible, provided that:

    (i) If necessary, Counsel has consulted with the originating 

component regarding disclosure of the information demanded;

    (ii) There is no objection from the originating component to the 

disclosure of the information demanded; and

    (iii) Counsel has sought to limit the demand for information to that 

which would be consistent with the factors specified in Sec.  103.23 of 

this part.

    (2) In the case of an objection by the originating component, the 

Chief Counsel shall make the disclosure determination.

    (h) Disclosure of commercial information. In the case of a demand 

for commercial information or commercial documents concerning 

importations or exportations, the Chief Counsel shall obtain the 

authorization of the Assistant Commissioner (Field Operations) or his/

her designee prior to the Chief Counsel authorizing the production/

disclosure of such documents/information.