[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: 19CFR103.27]



[Page 500]

 

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

in a foreign proceeding.



    (a) Required prior approval for disclosure. In any foreign 

proceeding in which the Customs Service is not a party, no Customs 

employee shall, in response to a demand, furnish Customs documents 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 approval of the Chief Counsel, as described in 

paragraph (b) of this section.

    (b) Employee notification to Counsel. Whenever a demand in a foreign 

proceeding is made upon a Customs employee concerning pre-clearance 

activities within the territory of the foreign country, that employee 

shall immediately notify the appropriate Associate Chief Counsel 

responsible for the pre-clearance location. All other demands in a 

foreign proceeding shall be reported by Customs employees to the Chief 

Counsel. The Customs employee shall then await instructions from the 

Chief Counsel concerning the response to the demand.

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

proper demand for Customs information, one which complies with the 

provisions of Sec.  103.22(c), if the Chief Counsel believes that it 

will comply with any part of the demand, it will immediately advise the 

originating component.

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

subject to the terms of paragraph (e) of this section, may authorize the 

disclosure 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.

    (e) 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.



[[Page 501]]