[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: 19CFR103.23]



[Page 498-499]

 

                        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.  103.23  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



[[Page 499]]



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;

    (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.